[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Notices]
[Pages 19292-19293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07526]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 91501/April 7, 2021]


In the Matter of the Cboe BZX Exchange, Inc. For an Order of 
Approval of Proposed Rule Change To List and Trade Shares of the 2x 
Long VIX Futures ETF (File No. SR-CboeBZX-2020-053); Order Scheduling 
Filing of Statements on Review

    On June 23, 2020, 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 2x Long VIX Futures ETF under BZX Rule 14.11(f)(4). On 
June 26, 2020, the Exchange filed Amendment No. 1 to the proposed rule 
change. The proposed rule change, as modified by Amendment No. 1, was 
published for comment in the Federal Register on July 10, 2020.\3\ On 
August 13, 2020, the Division of Trading and

[[Page 19293]]

Markets (``Division''), pursuant to delegated authority, extended the 
time period for Commission action on the proposed rule change.\4\ On 
October 7, 2020, the Division, pursuant to delegated authority, 
instituted proceedings pursuant to Section 19(b)(2)(B) of the Act \5\ 
to determine whether to approve or disapprove the proposed rule change, 
as modified by Amendment No. 1.\6\ On December 15, 2020, the Division, 
pursuant to delegated authority, designated a longer period for 
Commission action on the proposed rule change.\7\ On February 1, 2021, 
the Exchange filed Amendment No. 2 to the proposed rule change, which 
replaced and superseded the proposed rule change as modified by 
Amendment No. 1. On February 16, 2021, the Exchange submitted Amendment 
No. 3 to the proposed rule change and, on February 19, 2021, the 
Exchange withdrew Amendment No. 3. On February 19, 2021, the Exchange 
filed partial Amendment No. 4 to the proposed rule change. The 
Commission received one comment letter on the proposed rule change.\8\
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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. 89234 (July 6, 
2020), 85 FR 41644.
    \4\ See Securities Exchange Act Release No. 89545, 85 FR 51124 
(August 19, 2020).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 90118, 85 FR 64563 
(October 13, 2020).
    \7\ See Securities Exchange Act Release No. 90671, 85 FR 83136 
(December 21, 2020).
    \8\ The comment letter, as well as all of the amendments to the 
proposed rule change (except for the one that was withdrawn) are 
available at: https://www.sec.gov/comments/sr-cboebzx-2020-053/srcboebzx2020053.htm.
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    On March 5, 2021, the Division, pursuant to delegated authority,\9\ 
noticed the filing of Amendments No. 2 and No. 4 and approved the 
proposed rule change, as modified by Amendments No. 2 and No. 4, on an 
accelerated basis.\10\ On March 5, 2021, the Assistant Secretary of the 
Commission notified BZX 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 was stayed until the Commission orders 
otherwise.\12\
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    \9\ 17 CFR 200.30-3(a)(12).
    \10\ See Securities Exchange Act Release No. 91265 (March 5, 
2021), 86 FR 13922 (March 11, 2021).
    \11\ 17 CFR 201.431.
    \12\ See letter from J. Matthew DeLesDernier, Assistant 
Secretary, Commission, to Kyle Murray, Vice President and Associate 
General Counsel, Cboe Global Markets, dated March 5, 2021, available 
at https://www.sec.gov/rules/sro/cboebzx/2018/34-91265-letter-from-assistant-secretary.pdf.
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    Accordingly, it is ordered, pursuant to Commission Rule of Practice 
431, that by May 7, 2021, 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 approving proposed rule change 
SR-CboeBZX-2020-053 shall remain stayed pending further order of the 
Commission.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-07526 Filed 4-12-21; 8:45 am]
BILLING CODE 8011-01-P


