Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Creation Basket Size of the VanEck Bitcoin Trust, 19379-19380 [2024-05636]
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Federal Register / Vol. 89, No. 53 / Monday, March 18, 2024 / Notices
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–CboeBYX–2024–007 and should be
submitted on or before April 8, 2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.28
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–05634 Filed 3–15–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–99724; File No. SR–
CboeBZX–2024–022]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend the
Creation Basket Size of the VanEck
Bitcoin Trust
lotter on DSK11XQN23PROD with NOTICES1
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 4,
2024, Cboe BZX Exchange, Inc.
(‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
(a) Cboe BZX Exchange, Inc. (‘‘BZX’’
or the ‘‘Exchange’’) is filing with the
Securities and Exchange Commission
(‘‘Commission’’ or ‘‘SEC’’) a proposed
rule change to amend the VanEck
Bitcoin Trust (the ‘‘Trust’’), shares of
which are listed and traded on the
Exchange pursuant to BZX Rule
14.11(e)(4), to amend the creation basket
size.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
28 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
17:07 Mar 15, 2024
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
March 12, 2024.
VerDate Sep<11>2014
equities/regulation/rule_filings/bzx/), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
Jkt 262001
The Commission approved the listing
and trading of shares of the Trust (the
‘‘Shares’’) on the Exchange pursuant to
Exchange Rule 14.11(e)(4), CommodityBased Trust Shares, on January 10,
2024.5 Exchange Rule 14.11(e)(4)
governs the listing and trading of
Commodity-Based Trust Shares, which
means a security (a) that is issued by a
trust (‘‘Trust’’) that holds (1) a specified
commodity deposited with the Trust, or
(2) a specified commodity and, in
addition to such specified commodity,
cash; (b) that is issued by such Trust in
a specified aggregate minimum number
in return for a deposit of a quantity of
the underlying commodity and/or cash;
and (c) that, when aggregated in the
same specified minimum number, may
be redeemed at a holder’s request by
such Trust which will deliver to the
redeeming holder the quantity of the
underlying commodity and/or cash. The
Shares are issued by the Trust, a
Delaware statutory trust organized on
December 17, 2020.
The Exchange proposes to amend a
representation set forth in the
Exchange’s previous rule filing to list
5 See Securities Exchange Act Release No. 99306
(January 10, 2024) (File Nos. SR–NYSEARCA–
2021–90; SR–NYSEARCA–2023–44;
SRNYSEARCA–2023–58; SR–NASDAQ–2023–016;
SR–NASDAQ–2023–019; SR–CboeBZX–2023–028;
SRCboeBZX–2023–038; SR–CboeBZX–2023–040;
SR–CboeBZX–2023–042; SRCboeBZX–2023–044;
SR–CboeBZX–2023–072) (Order Granting
Accelerated Approval of Proposed Rule Changes, as
Modified by Amendments Thereto, to List and
Trade Bitcoin-Based Commodity-Based Trust
Shares and Trust Units) (the ‘‘Approval Order’’).
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
19379
and trade Shares of the Trust.6
Specifically, Amendment No. 2
represented that that when the Trust
sells or redeems its Shares, it will do so
in cash transactions in blocks of 50,000
Shares (a ‘‘Creation Basket’’) at the
Trust’s NAV. Now, the Exchange
proposes to reduce the Creation Basket
size from 50,000 Shares to 25,000
Shares. A decrease in the Creation
Basket size would provide additional
flexibility to the creation and
redemption of Shares, which may result
in tighter spreads and a more efficient
market, to the benefit of all market
participants. Furthermore, at least one
other issuer of spot bitcoin exchangetraded products (‘‘ETPs’’) has similarly
provided for Creation Basket sizes of
less than 25,000 Shares.7
Except for the above change, all other
representations in Amendment No. 2
and the Approval Order remain
unchanged and will continue to
constitute continuing listing
requirements. In addition, the Trust will
continue to comply with the terms of
the Approval Order and the
requirements of Rule 14.11(e)(4).
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.8 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 9 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
6 See supra note 5 and see also Securities
Exchange Act Release No. 99289 (January 8, 2024)
(SR–CboeBZX–2023–040) (Notice of Filing of
Amendment No. 2 to a Proposed Rule Change to
List and Trade Shares of VanEck Bitcoin Trust
Under BZX Rule 14.11(e)(4), Commodity-Based
Trust Shares)) (‘‘Amendment No. 2’’).
7 For example, the proposal to list and trade
shares of the ARK 21Shares Bitcoin ETF provided
for a Creation Basket size of 5,000 shares. See
Securities Exchange Act No. 9928 (January 8, 2024)
(SR–CboeBZX–2023–028) (Notice of Filing of
Amendment No. 5 to a Proposed Rule Change to
List and Trade Shares of the ARK 21Shares Bitcoin
ETF under BZX Rule 14.11(e)(4), Commodity-Based
Trust Shares). See also the Approval Order.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
E:\FR\FM\18MRN1.SGM
18MRN1
19380
Federal Register / Vol. 89, No. 53 / Monday, March 18, 2024 / Notices
system, and, in general, to protect
investors and the public interest.
The Exchange believes the proposed
rule change is designed to remove
impediments to and perfect the
mechanism of a free and open market
and, in general, to protect investors and
the public interest because it would
update a representation in Amendment
No. 2 regarding the Creation Unit size.
As described above, a decrease in the
size of the Creation Basket would
provide additional flexibility to the
creation and redemption of Shares,
which may result in tighter spreads and
a more efficient market, to the benefit of
all market participants. Furthermore, at
least one other issuer of spot bitcoin
ETPs has similarly provided for
Creation Basket sizes of less than 25,000
Shares.10
Except for this change, all other
representations made in Amendment
No. 2 and the Approval Order remain
unchanged and will continue to
constitute continuing listing
requirements for the Fund. Accordingly,
the Exchange believes that this
proposed rule change raises no novel
regulatory issues.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. As noted
above, the proposed amendment is
intended to change the Creation Basket
size. The Exchange believes that this
change will not impose any burden on
competition.
lotter on DSK11XQN23PROD with NOTICES1
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A) of the
Act 11 and Rule 19b–4(f)(6) 12
thereunder, the Exchange has
designated this proposal as one that
effects a change that: (i) does not
significantly affect the protection of
investors or the public interest; (ii) does
not impose any significant burden on
competition; and (iii) by its terms, does
not become operative for 30 days after
10 See
supra note 7.
11 15 U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(6).
VerDate Sep<11>2014
17:07 Mar 15, 2024
Jkt 262001
the date of the filing, or such shorter
time as the Commission may designate
if consistent with the protection of
investors and the public interest.13
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act normally does not become operative
for 30 days after the date of its filing.
However, Rule 19b–4(f)(6)(iii) 14 permits
the Commission to designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange requested that
the Commission waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange represents that a
decrease in the Creation Basket size
would provide additional flexibility to
the creation and redemption of Shares,
which may result in tighter spreads and
a more efficient market, to the benefit of
all market participants. Furthermore, at
least one other issuer of spot bitcoin
ETPs has similarly provided for
Creation Basket sizes of less than 25,000
Shares.15 The Exchange further
represents that except for the change to
the size of the Creation Basket, all other
representations in Amendment No. 2
and the Approval Order remain
unchanged and will continue to
constitute continuing listing
requirements. The proposed rule change
thus raises no novel legal or regulatory
issues. Therefore, the Commission
believes that waiver of the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Accordingly, the Commission
hereby waives the 30-day operative
delay and designates the proposed rule
change operative upon filing.16
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
13 In addition, Rule 19b–4(f)(6) requires a selfregulatory organization to give the Commission
written notice of its intent to file the proposed rule
change at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
14 17 CFR 240.19b–4(f)(6)(iii).
15 See supra note 7.
16 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
CboeBZX–2024–022 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to file
number SR–CboeBZX–2024–022. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–CboeBZX–2024–022 and should be
submitted on or before April 8, 2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–05636 Filed 3–15–24; 8:45 am]
BILLING CODE 8011–01–P
17 17
E:\FR\FM\18MRN1.SGM
CFR 200.30–3(a)(12), (59).
18MRN1
Agencies
[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19379-19380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05636]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-99724; File No. SR-CboeBZX-2024-022]
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Creation Basket Size of the VanEck Bitcoin Trust
March 12, 2024.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 4, 2024, Cboe BZX Exchange, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
(a) Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (``Commission'' or ``SEC'')
a proposed rule change to amend the VanEck Bitcoin Trust (the
``Trust''), shares of which are listed and traded on the Exchange
pursuant to BZX Rule 14.11(e)(4), to amend the creation basket size.
The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Commission approved the listing and trading of shares of the
Trust (the ``Shares'') on the Exchange pursuant to Exchange Rule
14.11(e)(4), Commodity-Based Trust Shares, on January 10, 2024.\5\
Exchange Rule 14.11(e)(4) governs the listing and trading of Commodity-
Based Trust Shares, which means a security (a) that is issued by a
trust (``Trust'') that holds (1) a specified commodity deposited with
the Trust, or (2) a specified commodity and, in addition to such
specified commodity, cash; (b) that is issued by such Trust in a
specified aggregate minimum number in return for a deposit of a
quantity of the underlying commodity and/or cash; and (c) that, when
aggregated in the same specified minimum number, may be redeemed at a
holder's request by such Trust which will deliver to the redeeming
holder the quantity of the underlying commodity and/or cash. The Shares
are issued by the Trust, a Delaware statutory trust organized on
December 17, 2020.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 99306 (January 10,
2024) (File Nos. SR-NYSEARCA-2021-90; SR-NYSEARCA-2023-44;
SRNYSEARCA-2023-58; SR-NASDAQ-2023-016; SR-NASDAQ-2023-019; SR-
CboeBZX-2023-028; SRCboeBZX-2023-038; SR-CboeBZX-2023-040; SR-
CboeBZX-2023-042; SRCboeBZX-2023-044; SR-CboeBZX-2023-072) (Order
Granting Accelerated Approval of Proposed Rule Changes, as Modified
by Amendments Thereto, to List and Trade Bitcoin-Based Commodity-
Based Trust Shares and Trust Units) (the ``Approval Order'').
---------------------------------------------------------------------------
The Exchange proposes to amend a representation set forth in the
Exchange's previous rule filing to list and trade Shares of the
Trust.\6\ Specifically, Amendment No. 2 represented that that when the
Trust sells or redeems its Shares, it will do so in cash transactions
in blocks of 50,000 Shares (a ``Creation Basket'') at the Trust's NAV.
Now, the Exchange proposes to reduce the Creation Basket size from
50,000 Shares to 25,000 Shares. A decrease in the Creation Basket size
would provide additional flexibility to the creation and redemption of
Shares, which may result in tighter spreads and a more efficient
market, to the benefit of all market participants. Furthermore, at
least one other issuer of spot bitcoin exchange-traded products
(``ETPs'') has similarly provided for Creation Basket sizes of less
than 25,000 Shares.\7\
---------------------------------------------------------------------------
\6\ See supra note 5 and see also Securities Exchange Act
Release No. 99289 (January 8, 2024) (SR-CboeBZX-2023-040) (Notice of
Filing of Amendment No. 2 to a Proposed Rule Change to List and
Trade Shares of VanEck Bitcoin Trust Under BZX Rule 14.11(e)(4),
Commodity-Based Trust Shares)) (``Amendment No. 2'').
\7\ For example, the proposal to list and trade shares of the
ARK 21Shares Bitcoin ETF provided for a Creation Basket size of
5,000 shares. See Securities Exchange Act No. 9928 (January 8, 2024)
(SR-CboeBZX-2023-028) (Notice of Filing of Amendment No. 5 to a
Proposed Rule Change to List and Trade Shares of the ARK 21Shares
Bitcoin ETF under BZX Rule 14.11(e)(4), Commodity-Based Trust
Shares). See also the Approval Order.
---------------------------------------------------------------------------
Except for the above change, all other representations in Amendment
No. 2 and the Approval Order remain unchanged and will continue to
constitute continuing listing requirements. In addition, the Trust will
continue to comply with the terms of the Approval Order and the
requirements of Rule 14.11(e)(4).
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\8\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \9\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
[[Page 19380]]
system, and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes the proposed rule change is designed to
remove impediments to and perfect the mechanism of a free and open
market and, in general, to protect investors and the public interest
because it would update a representation in Amendment No. 2 regarding
the Creation Unit size. As described above, a decrease in the size of
the Creation Basket would provide additional flexibility to the
creation and redemption of Shares, which may result in tighter spreads
and a more efficient market, to the benefit of all market participants.
Furthermore, at least one other issuer of spot bitcoin ETPs has
similarly provided for Creation Basket sizes of less than 25,000
Shares.\10\
---------------------------------------------------------------------------
\10\ See supra note 7.
---------------------------------------------------------------------------
Except for this change, all other representations made in Amendment
No. 2 and the Approval Order remain unchanged and will continue to
constitute continuing listing requirements for the Fund. Accordingly,
the Exchange believes that this proposed rule change raises no novel
regulatory issues.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. As noted above, the proposed
amendment is intended to change the Creation Basket size. The Exchange
believes that this change will not impose any burden on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) \12\ thereunder, the Exchange has designated this proposal as
one that effects a change that: (i) does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) by its terms, does not
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest.\13\
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6).
\13\ In addition, Rule 19b-4(f)(6) requires a self-regulatory
organization to give the Commission written notice of its intent to
file the proposed rule change at least five business days prior to
the date of filing of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requested
that the Commission waive the 30-day operative delay so that the
proposal may become operative immediately upon filing. The Exchange
represents that a decrease in the Creation Basket size would provide
additional flexibility to the creation and redemption of Shares, which
may result in tighter spreads and a more efficient market, to the
benefit of all market participants. Furthermore, at least one other
issuer of spot bitcoin ETPs has similarly provided for Creation Basket
sizes of less than 25,000 Shares.\15\ The Exchange further represents
that except for the change to the size of the Creation Basket, all
other representations in Amendment No. 2 and the Approval Order remain
unchanged and will continue to constitute continuing listing
requirements. The proposed rule change thus raises no novel legal or
regulatory issues. Therefore, the Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest. Accordingly, the Commission hereby
waives the 30-day operative delay and designates the proposed rule
change operative upon filing.\16\
---------------------------------------------------------------------------
\14\ 17 CFR 240.19b-4(f)(6)(iii).
\15\ See supra note 7.
\16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
file number SR-CboeBZX-2024-022 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-CboeBZX-2024-022. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CboeBZX-2024-022 and should
be submitted on or before April 8, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-05636 Filed 3-15-24; 8:45 am]
BILLING CODE 8011-01-P