[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63699-63700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24874]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87503; File No. SR-NYSEArca-2019-01]


Self-Regulatory Organizations; NYSE Arca, Inc.; Order Scheduling 
Filing of Statements on Review for an Order of Disapproval of Proposed 
Rule Change To List and Trade the Shares of Bitwise Bitcoin ETF Trust

November 12, 2019.
    On January 28, 2019, NYSE Arca, Inc. (``NYSE Arca'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange 
Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to list 
and trade shares of the Bitwise Bitcoin ETF Trust under NYSE Arca Rule 
8.201-E. The proposed rule change was published for comment in the 
Federal Register on February 15, 2019.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85093 (Feb. 11, 
2019), 84 FR 4589 (Feb. 15, 2019).
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    On March 29, 2019, pursuant to Section 19(b)(2) of the Exchange 
Act,\4\

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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 approve or disapprove the proposed 
rule change.\5\ On May 7, 2019, NYSE Arca filed Amendment No. 1 to the 
proposed rule change, which replaced and superseded the proposed rule 
change as originally filed, and on May 14, 2019, the Commission 
published the proposed rule change, as modified by Amendment No. 1, for 
notice and comment and instituted proceedings under Section 19(b)(2)(B) 
of the Exchange Act \6\ to determine whether to approve or disapprove 
the proposed rule change, as modified by Amendment No. 1.\7\ On August 
12, 2019, the Commission extended the period for consideration of the 
proposed rule change, as modified by Amendment No. 1, to October 13, 
2019.\8\
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 85461 (Mar. 29, 
2019), 84 FR 13339 (Apr. 4, 2019).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 85854 (May 14, 
2019), 84 FR 23125 (May 21, 2019).
    \8\ See Securities Exchange Act Release No. 86629 (Aug. 12, 
2019), 84 FR 42036 (Aug. 16, 2019).
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    On October 9, 2019, the Division of Trading and Markets, pursuant 
to delegated authority,\9\ issued an order disapproving the proposed 
rule change, as modified by Amendment No. 1.\10\ On October 15, 2019, 
the Secretary of the Commission notified NYSE Arca that, pursuant to 
Commission Rule of Practice 431,\11\ the Commission would review the 
Division's action pursuant to delegated authority and that the 
Division's action pursuant to delegated authority had been 
automatically stayed.\12\
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    \9\ 17 CFR 200.30-3(a)(12).
    \10\ See Securities Exchange Act Release No. 87267 (Oct. 9, 
2019), 84 FR 55382 (Oct. 16, 2019).
    \11\ See 17 CFR 201.431.
    \12\ See Letter from Secretary of the Commission to Michael 
Cavalier, Counsel, and David De Gregorio Senior Counsel, 
Intercontinental Exchange/NYSE (Oct. 15, 2019), available at https://www.sec.gov/rules/sro/nysearca/2019/34-87267-letter.pdf.
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    Accordingly, it is ordered, pursuant to Commission Rule of Practice 
431, that by December 18, 2019, any party or other person may file a 
statement in support of, or in opposition to, the action made pursuant 
to delegated authority.
    It is further ordered that the order disapproving proposed rule 
change SR-NYSEArca-2019-01 shall remain in effect pending the 
Commission's review.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24874 Filed 11-15-19; 8:45 am]
 BILLING CODE 8011-01-P


