[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Notices]
[Page 19298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07528]


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SECURITIES AND EXCHANGE COMMISSION

[Securities Exchange Act of 1934 Release No. 91502]


Order Scheduling Filing of Statements of Review 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 -1x Short VIX Futures ETF (File 
No. SR-CboeBZX-2020-070)

April 7, 2021.
    On September 4, 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 -1x Short VIX Futures ETF under BZX Rule 14.11(f)(4). The 
proposed rule change was published for comment in the Federal Register 
on September 23, 2020.\3\ On October 30, 2020, the Division of Trading 
and Markets (``Division''), pursuant to delegated authority, extended 
the time period for Commission action on the proposed rule change.\4\ 
On December 14, 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.\6\ On January 28, 2021, the Exchange filed Amendment No. 1 to 
the proposed rule change, which replaced and superseded the proposed 
rule change as originally filed. On February 16, 2021, the Exchange 
submitted Amendment No. 2 to the proposed rule change and, on February 
19, 2021, the Exchange withdrew Amendment No. 2. On February 19, 2021, 
the Exchange filed partial Amendment No. 3 to the proposed rule change. 
The Commission received eight comment letters on the proposed rule 
change.\7\
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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. 89901 (September 17, 
2020), 85 FR 59836.
    \4\ See Securities Exchange Act Release No. 90292, 85 FR 70678 
(November 5, 2020).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 90659, 85 FR 82536 
(December 18, 2020).
    \7\ The comment letters, as well as all of the amendments to the 
proposed rule change are available at: https://www.sec.gov/comments/sr-cboebzx-2020-070/srcboebzx2020070.htm.
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    On March 5, 2021, the Division, pursuant to delegated authority,\8\ 
noticed the filing of Amendments No. 1 and No. 3 and approved the 
proposed rule change, as modified by Amendments No. 1 and No. 3, on an 
accelerated basis.\9\ On March 5, 2021, the Assistant Secretary of the 
Commission notified BZX that, pursuant to Commission Rule of Practice 
431,\10\ 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.\11\
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    \8\ 17 CFR 200.30-3(a)(12).
    \9\ See Securities Exchange Act Release No. 91264 (March 5, 
2021), 86 FR 13939 (March 11, 2021).
    \10\ 17 CFR 201.431.
    \11\ 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/2018/34-91264-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-2020-070 shall remain stayed pending further order of the 
Commission.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-07528 Filed 4-12-21; 8:45 am]
BILLING CODE 8011-01-P


