[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51520-51521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22084]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Securities Exchange Act of 1934; Release No. 34-84368/October 4, 2018]


In the Matter of the Cboe BZX Exchange, Inc.; For an Order of 
Disapproval of Proposed Rule Change To List and Trade the Shares of the 
GraniteShares Bitcoin ETF and the GraniteShares Short Bitcoin ETF (File 
No. SR-CboeBZX-2018-001); Order Scheduling Filing of Statements on 
Review

    On January 5, 2018, 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 (``Exchange 
Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to list 
and trade shares of the GraniteShares Bitcoin ETF and the GraniteShares 
Short Bitcoin ETF issued by the GraniteShares ETP Trust under BZX Rule 
14.11(f)(4).\3\ The proposed rule change was published for comment in 
the Federal Register on January 18, 2018.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ On August 21, 2018, BZX filed Amendment No. 1 to the 
proposal, and on August 22, 2018, BZX filed Amendment No. 2 to the 
proposal.
    \4\ See Securities Exchange Act Release No. 82484 (Jan. 11, 
2018), 83 FR 2704 (Jan. 18, 2018).
---------------------------------------------------------------------------

    On February 22, 2018, pursuant to Section 19(b)(2) of the Exchange 
Act, the Commission designated a longer

[[Page 51521]]

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 April 5, 2018, 
the Commission instituted proceedings under Section 19(b)(2)(B) of the 
Exchange Act \6\ to determine whether to approve or disapprove the 
proposed rule change.\7\ On June 28, 2018, the Commission extended the 
period for consideration of the proposed rule change to September 15, 
2018.\8\ On August 21, 2018, CboeBZX filed Amendment No. 1 to the 
proposed rule change, stating that it was amending and replacing in its 
entirety the proposal as originally filed on January 5, 2018. On August 
22, 2018, CboeBZX filed Amendment No. 2 to the proposed rule change, 
stating that it was amending and replacing in its entirety Amendment 
No. 1 to the proposed rule change.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 82759 (Feb. 22, 
2018), 83 FR 8719 (Feb. 28, 2018).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 82995 (Apr. 5, 
2018), 83 FR 15425 (Apr. 10, 2018).
    \8\ See Securities Exchange Act Release No. 83548 (June 28, 
2018), 83 FR 31246 (July 3, 2018).
---------------------------------------------------------------------------

    On August 22, 2018, the Division of Trading and Markets, pursuant 
to delegated authority,\9\ issued an order disapproving the proposed 
rule change.\10\ On August 23, 2018, the 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 had been automatically stayed.\12\ On October 4, 2018, the 
Commission published notice of Amendment No. 2 to the proposed rule 
change.\13\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
    \10\ See Securities Exchange Act Release No. 83913 (Aug. 22, 
2018), 83 FR 43923 (Aug. 28, 2018) (SR-CboeBZX-2018-001).
    \11\ See 17 CFR 201.431.
    \12\ See Letter from Secretary of the Commission to Kyle Murray, 
Assistant General Counsel, BZX (Aug. 23, 2018), available at https://www.sec.gov/rules/sro/cboebzx/2018/34-83913-letter-from-secretary.pdf.
    \13\ See Securities Exchange Act Release No. 84367 (Oct. 4, 
2018).
---------------------------------------------------------------------------

    Accordingly, It is ordered, pursuant to Commission Rule of Practice 
431, that by November 5, 2018, 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-CboeBZX-2018-001 shall remain in effect pending the 
Commission's review.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22084 Filed 10-10-18; 8:45 am]
 BILLING CODE 8011-01-P