Federal Register :: Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove 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

On May 13, 2022, Cboe BZX Exchange, Inc. (“BZX”) filed with the Securities and Exchange Commission (“Commission”), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) [1]

and Rule 19b-4 thereunder,[2]

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. The proposed rule change was published for comment in the
Federal Register
on June 1, 2022.[3]

On July 12, 2022, pursuant to section 19(b)(2) of the Act,[4]

the Commission designated a longer period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to disapprove the proposed rule change.[5]

On August 29, 2022, the Commission instituted proceedings under section 19(b)(2)(B) of the Act [6]

to determine whether to approve or disapprove the proposed rule change.[7]

The Commission has received no comments on the proposed rule change.

Section 19(b)(2) of the Act [8]

provides that, after initiating proceedings, the Commission shall issue an order approving or disapproving the proposed rule change not later than 180 days after the date of publication of notice of filing of the proposed rule change. The Commission may extend the period for issuing an order approving or disapproving the proposed rule change, however, by not more than 60 days if the Commission determines that a longer period is appropriate and publishes the reasons for such determination. The proposed rule change was published for comment in the
Federal Register
on June 1, 2022.[9]

The 180th day after publication of the proposed rule change is November 28, 2022. The Commission is extending the time period for approving or disapproving the proposed rule change for an additional 60 days.

The Commission finds that it is appropriate to designate a longer period within which to issue an order approving or disapproving the proposed rule change so that it has sufficient time to consider the proposed rule change and the issues raised therein. Accordingly, the Commission, pursuant to section 19(b)(2) of the Act,[10]

designates January 27, 2023, as the date by which the Commission shall either approve or disapprove the proposed rule change (File No. SR-CboeBZX-2022-031).

For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[11]

Sherry R. Haywood,

Assistant Secretary.

3.


See
Securities Exchange Act Release No. 94982 (May 25, 2022), 87 FR 33250.

5.


See
Securities Exchange Act Release No. 95257, 87 FR 42530 (July 15, 2022). The Commission designated August 30, 2022, as the date by which it should approve, disapprove, or institute proceedings to determine whether to disapprove the proposed rule change.

[FR Doc. 2022-25233 Filed 11-18-22; 8:45 am]

BILLING CODE 8011-01-P

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