[Federal Register Volume 91, Number 55 (Monday, March 23, 2026)]
[Notices]
[Pages 13904-13907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05557]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-105040; File No. SR-NYSEARCA-2026-27]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Exchange
Rules 5.32-O, 5.35-O, and 6.8-O Regarding Options on Certain Crypto
Assets
March 18, 2026.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on March 10, 2026, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 5.32-O (Terms of FLEX Options),
Rule 5.35-O (Position Limits for FLEX Options) and Rule 6.8-O (Position
Limits) in connection with options overlying the following Exchange-
Traded Fund Shares, as applicable: Grayscale Bitcoin Trust, Grayscale
Bitcoin Mini Trust, Bitwise Bitcoin ETF, iShares Bitcoin Trust,
Fidelity Wise Origin Bitcoin Fund, ARK21Shares Bitcoin ETF, Grayscale
Ethereum Trust ETF, Grayscale Ethereum Mini Trust ETF, Bitwise Ethereum
ETF, iShares Ethereum Trust ETF, and Fidelity Ethereum Fund. The
proposed rule change is available on the Exchange's website at
www.nyse.com and at the principal office of the Exchange.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Rule 5.32-O(f)(1) (Terms of FLEX
Options), Rule 5.35-O (Position Limits for FLEX Options), and
Commentary .06(f) to Rule 6.8-O (Position Limits) in connection with
the following options overlying Exchange-Traded Fund Shares, as
applicable: Grayscale Bitcoin Trust, Grayscale Bitcoin Mini Trust,
Bitwise Bitcoin ETF, iShares Bitcoin Trust, Fidelity Wise Origin
Bitcoin Fund, ARK21Shares Bitcoin ETF, Grayscale Ethereum Trust ETF,
Grayscale Ethereum Mini Trust ETF, Bitwise Ethereum ETF, iShares
Ethereum Trust ETF, and Fidelity Ethereum Fund (collectively ``the
Crypto Assets''). This filing is based on similar proposals submitted
by Nasdaq ISE, LLC (``ISE''),\4\ Miami International Securities
Exchange, LLC (``MIAX''),\5\ and Nasdaq PHLX LLC (``Phlx'').\6\
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\4\ See Securities Exchange Act Release No. 34-104648 (Jan. 21,
2026), 91 FR 3282 (Jan. 26, 2026) (SR-ISE-2026-01) (Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Remove
Restrictions on Certain Crypto Assets).
\5\ See Securities Exchange Act Release No. 34-104738 (Jan. 29,
2026), 91 FR 5000 (Feb. 03, 2026) (SR-MIAX-2026-04) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Rule 307, Position Limits, and Rule 309, Exercise Limits,
Regarding Position and Exercise Limits on Options Overlying Certain
Crypto Assets).
\6\ See Securities Exchange Act Release No. 34-104650 (Jan. 21,
2026), 91 FR 3265 (Jan. 26, 2026) (SR-Phlx-2026-02) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Remove
Restrictions on Certain Crypto Assets).
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Background
On November 20, 2024, the Exchange filed to list and trade option
contracts on the iShares Bitcoin Trust, the Fidelity Wise Origin
Bitcoin Fund, and the ARK21Shares Bitcoin ETF.\7\ Also on November 20,
2024, the Exchange filed to list and trade options contracts on the
Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, and the
Bitwise Bitcoin ETF.\8\ On April 9, 2025, the Exchange filed to list
and trade the Grayscale Ethereum Trust, the Grayscale Ethereum Mini
Trust, and the Bitwise Ethereum ETF.\9\ Also on April 9, 2025, the
Exchange filed to list and trade options on the iShares Ethereum Trust
ETF and the Fidelity Ethereum Fund.\10\ These immediately effective
filings permitted the Exchange to list and trade options on the Crypto
Assets subject to a 25,000 contract position and exercise limit and a
restriction on the trading of FLEX options.
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\7\ See Securities Exchange Act Release No. 101712 (Nov. 22,
2024), 89 FR 94794 (Nov. 29, 2024) (SR-NYSEArca-2024-100) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to List
and Trade Option Contracts on the iShares Bitcoin Trust, the
Fidelity Wise Origin Bitcoin Fund, and the ARK21Shares Bitcoin ETF).
\8\ See Securities Exchange Act Release No. 101713 (Nov. 22,
2024), 89 FR 94839 (Nov. 29, 2024) (SR-NYSEArca-2024-101) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to List
and Trade Option Contracts on the Grayscale Fund, the Grayscale
Bitcoin Mini Trust BTC, and the Bitwise Bitcoin ETF).
\9\ See Securities Exchange Act Release No. 102817 (Apr. 11,
2025), 90 FR 16283 (Apr. 17, 2025) (SR-NYSEArca-2025-31) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rules 5.3-O, 5.4-O, and 6.8-O).
\10\ See Securities Exchange Act Release No. 102818 (Apr. 11,
2025), 90 FR 16181 (Apr. 17, 2025) (SR-NYSEArca-2025-32) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rules 5.3-O, 5.4-O, and 6.8-O).
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On July 29, 2025, the Commission approved a rule filing to
eliminate the 25,000-contract position and exercise limit for the
Grayscale Bitcoin Trust ETF options and apply the position limits in
Exchange Rule 6.8-O, Commentary .06(a)-(e) to options on the Grayscale
Bitcoin Trust ETF and to permit options on the Grayscale Bitcoin Trust
ETF to trade as FLEX Equity
[[Page 13905]]
Options.\11\ Also on July 29, 2025, the Commission approved a rule
filing to eliminate the 25,000-contract position and exercise limit for
the Grayscale Bitcoin Mini Trust ETF and the Bitwise Bitcoin ETF and to
apply the position limits in Exchange Rule 6.8-O, Commentary .06(a)-(e)
to options on those funds, and to permit options on those funds to
trade as FLEX Equity Options.\12\ Thereafter, on July 31, 2025, the
Exchange amended Rules 5.32-O and 5.35-O to permit iShares Bitcoin
Trust ETF options to trade as FLEX Equity Options with an aggregated
position and exercise limit for IBIT options of 25,000-contracts.\13\
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\11\ See Securities Exchange Act Release No. 103567 (July 29,
2025), 90 FR 36253 (Aug. 1, 2025) (SR-NYSEArca-2025-07) (Order
Approving a Proposed Rule Change, as Modified by Amendment No. 3, To
Amend Rules Regarding Position and Exercise Limits for Options on
the Grayscale Bitcoin Trust (``GBTC'') and To Permit Flexible
Exchange Options on GBTC). Exercise limits for options on an
underlying security are the same as the position limits for options
on that underlying security. See Exchange Rule 6.9-O, Commentary
.01.
\12\ See Securities Exchange Act Release No. 103568 (July 29,
2025), 90 FR 36238 (Aug. 1, 2025) (SR-NYSEArca-2025-10) (Order
Approving a Proposed Rule Change, as Modified by Amendment No. 2, to
Amend Rules Regarding Position and Exercise Limits for Options on
the Grayscale Bitcoin Mini Trust (``BTC'') and the Bitwise Bitcoin
ETF (``BITB'') and to Permit Flexible Exchange Options on BTC and
BITB).
\13\ See Securities Exchange Act Release No. 103622 (Aug. 1,
2025), 90 FR 37900 (Aug. 6, 2025) (SR-NYSEArca-2025-55) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rules 5.32-O and 5.35-O To Permit Flexible Exchange Options in the
iShares Bitcoin Trust ETF).
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On November 12, 2025, the Exchange's proposal to amend its listing
rules at Rule 5.3-O(g) to permit certain options on Exchange-Traded
Fund Shares that meet certain generic requirements to be listed as a
Commodity-Based Trust was deemed approved pursuant to Section
19(b)(2)(D) of the Act.\14\ On November 7, 2025, during the shutdown
resulting from a lapse of appropriations, the Exchange submitted an
amendment that would have superseded the original filing that was
deemed approved in its entirety. The amendment could not be processed
or published due to the pendency of the shutdown, which ended on
November 12, 2025. On November 21, 2025, the Exchange filed to adopt
the rule text included in the amendment to the original filing that
could not be processed during the government shutdown, reinstate text
that was previously deleted, and remove text that was added when the
original filing was deemed approved.\15\
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\14\ See 15 U.S.C. 78s(b)(2)(D); Securities Exchange Act Release
No. 104210 (November 21, 2025), 90 FR 52727 (November 21, 2025) (SR-
NYSEArca-2025-16).
\15\ See Securities Exchange Act Release No. 104320 (Dec. 5,
2025), 90 FR 57230 (Dec. 10, 2025) (SR-NYSEArca-2025-79) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change of
Amendments to Rules 5.3-O and 5.4-O).
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Specifically, as amended, Rule 5.3-O(g)(x) provides that the
Exchange may list and trade options on shares of a Commodity-Based
Trust that meets the generic criteria of NYSE Arca Rule 8.201 (Generic)
\16\ except that the Commodity-Based Trust holds a single crypto
asset.\17\ Further, a Commodity-Based Trust that meets the requirements
of Rule 5.3-O(g)(x) must also satisfy the following requirements: (A)
the total global supply of the underlying crypto asset held by the
Commodity-Based Trust has an average daily market value of at least
$700 million over the last 12 months; and (B) the crypto asset held by
the Commodity-Based Trust underlies a derivatives contract that trades
on a market with which the Exchange has a comprehensive surveillance
sharing agreement, whether directly or through common membership in the
Intermarket Surveillance Group (``ISG''). Any option approved pursuant
to Rule 5.3-O(g)(x) is subject to the position limits set forth in Rule
6.8-O, Commentary .06, and subject to the exercise limits set forth in
Rule 6.9-O. Further, any option approved pursuant to Rule 5.3-O(g)(x)
is not restricted from trading as a FLEX Option.
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\16\ NYSE Arca Rule 8.201-E (generic) permits the listing and
trading of certain qualifying exchange-traded products that
physically hold commodities like precious metals and digital asset
commodities on the Exchange. Pursuant to NYSE Arca Rule 8.201-E
(Generic), the term ``Commodity-Based Trust Shares'' means a
security that: (i) is issued by a trust, limited liability company,
partnership, or other similar entity (``Trust'') that, if
applicable, is operated by a registered commodity pool operator
pursuant to the Commodity Exchange Act, and is not registered as an
investment company pursuant to the Investment Company Act of 1940,
or series or class thereof; (ii) is designed to reflect the
performance of one or more reference assets or an index of reference
assets; (iii) in order to reflect the performance as provided in
(c)(1)(ii) above, is issued by a Trust that holds (A) one or more
commodities or commodity-based assets as defined in (c)(3) below,
and (B) in addition to such commodities or commodity-based assets,
may hold securities, cash, and cash equivalents; (iv) is issued by
such Trust in a specified aggregate minimum number in return for a
deposit of (A) a specified quantity of the underlying commodities,
commodity-based assets, securities, cash, and/or cash equivalents,
or (B) a cash amount with a value based on the next determined net
asset value per Trust share; and (v) when aggregated in the same
specified minimum number, may be redeemed at a holder's request by
such Trust which will deliver to the redeeming holder (A) the
specified quantity of the underlying commodities, commodity-based
assets, securities, cash, and/or cash equivalents, or (B) a cash
amount with a value based on the next determined net asset value per
Trust share.
\17\ For purposes of this rule the term ``crypto asset'' means
an asset that is generated, issued and/or transferred using a
blockchain or similar distributive ledger technology network,
including but not limited to, assets known as ``tokens,'' ``digital
assets,'' ``virtual currencies,'' and ``coins'' and that relies on
cryptographic protocols. See Rule 5.3-O(g)(3).
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Proposed Rule Change
The Crypto Assets all qualify for listing pursuant to Rule 5.3-
O(g)(x). As such, similar to other options listed pursuant to Rule 5.3-
O, the Crypto Assets should all be subject to the position limits set
forth in Commentary .06 to Rule 6.8-O and the corresponding exercise
limits set forth in Rule 6.9-O. Also, the Crypto Assets should not be
restricted from trading as FLEX Options. To effectuate these changes,
the Exchange proposes the following changes.
Position Limits
The Exchange proposes to remove the 25,000 position and exercise
limit restrictions for Fidelity Wise Origin Bitcoin Fund, ARK21Shares
Bitcoin ETF, Grayscale Ethereum Trust ETF, Grayscale Ethereum Mini
Trust ETF, Bitwise Ethereum ETF, iShares Ethereum Trust ETF, and
Fidelity Ethereum Fund from 6.8-O, Commentary .06(f). Position limits
for these products will be determined in accordance with Rule 6.8-O.
Additionally, the Exchange proposes to remove the following rule text
in Rule 5.35-O(b)(iv) in its entirety:
FLEX GBTC, BTC, BITB, and IBIT Options. Position limits on FLEX
Equity Options for GBTC, BTC, BITB, and IBIT will be aggregated with
positions on the same non-FLEX underlying ETF for the purpose of
calculating position and exercise limits on GBTC, BTC, BITB, and
IBIT options as set forth in Rules 6.8-O and 6.9-O.
A conforming change will be made to the first sentence of Rule
5.35-O(b), which currently references ``paragraphs (i)-(iv) below.''
Similar to all other options, FLEX Equity Options on the iShares
Bitcoin Trust ETF, the Grayscale Bitcoin Trust, the Grayscale Bitcoin
Mini Trust BTC, and the Bitwise Bitcoin ETF would no longer be
aggregated with positions on the same non-FLEX underlying ETF for the
purpose of calculating the position limits set forth in Rules 6.8-O,
and the exercise limits set forth in Rules 6.9-O. The Exchange notes
that similar to all other options, the Grayscale Bitcoin Trust, the
Grayscale Bitcoin Mini Trust BTC, and the Bitwise Bitcoin ETF would not
be subject to positions limits
[[Page 13906]]
for FLEX Equity Options that are physically settled.\18\
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\18\ As of February 1, 2026, the iShares Bitcoin Trust ETF is
eligible to have cash as a settlement term. See https://www.nyse.com/publicdocs/nyse/products/options/NYSE_Cash_Settled_FLEX_ETF_Options.pdf.
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FLEX Options
Currently, pursuant to Rule 5.32-O(f)(1), the Exchange may approve
and open for trading any FLEX Equity Options series on any security
that is eligible for Non-FLEX Options trading under Rule 5.3-O except
those set forth in Commentary .01 to Rule 5.3-O other than GBTC, BTC,
BITB, and IBIT, and that has Non-FLEX Options on such security listed
and traded on at least one national securities exchange, even if the
Exchange does not list and trade such Non-FLEX Options.\19\ For the
avoidance of doubt, to permit all the Crypto Assets to trade as FLEX
options, the Exchange proposes to remove the following text from Rule
5.32-O(f)(1): ``(except those set forth in Commentary .01 to Rule 5.3-O
other than GBTC, BTC, BITB, and IBIT)''. With this proposal, the Crypto
Assets that qualify to be listed pursuant to Rule 5.3-O(g)(x) would be
treated similar to all other options for purposes of position and
exercise limits and FLEX Options trading.
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\19\ Commentary .01 to Rule 5.3-O provides that ``the Exchange
may list and trade options on shares of the Grayscale Bitcoin Trust
(BTC) (symbol: GBTC), the Grayscale Bitcoin Mini Trust (BTC)
(symbol: BTC), and the Bitwise Bitcoin ETF (symbol: BITB), iShares
Bitcoin Trust (symbol: IBIT), the Fidelity Wise Origin Bitcoin Fund
(symbol: FBTC), and the ARK21Shares Bitcoin ETF (symbol: ARKB), the
Grayscale Ethereum Trust ETF (symbol: ETHE), the Grayscale Ethereum
Mini Trust ETF (symbol: ETH), the Bitwise Ethereum ETF (symbol:
ETHW), the iShares Ethereum Trust ETF (symbol: ETHA), and the
Fidelity Ethereum Fund (symbol: FETH), pursuant to Rules 5.3-O and
5.4-O.''
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2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\20\ in general, and Section
6(b)(5) of the Act,\21\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \22\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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\20\ 15 U.S.C. 78f(b).
\21\ 15 U.S.C. 78f(b)(5).
\22\ Id.
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The Exchange believes that proposal to permit the Crypto Assets,
which qualify for listing pursuant to Rule 5.3-O(g)(x), to be subject
to the position limits set forth in Rule 6.8-O, and subject to the
corresponding exercise limits set forth in Rule 6.9-O similar to all
other options is consistent with the Act as this treatment promotes
just and equitable principles of trade. Further, the Exchange's
proposal to permit the Crypto Assets, which qualify for listing
pursuant to Rule 5.3-O(g)(x), to trade as FLEX Options similar to all
other options is consistent with the Act insofar as this treatment
promotes just and equitable principles of trade.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on intra-market competition because the Crypto Assets
that qualify to be listed on the Exchange would be treated similar to
all other options for purposes of position and exercise limits and FLEX
Option trading. The Exchange does not believe that the proposed rule
change will impose any burden on inter-market competition as the
proposal is not competitive in nature. The Exchange expects that all
option exchanges will adopt substantively similar proposals, such that
the Exchange's proposal would benefit competition. For the foregoing
reasons, the Exchange does not believe that the proposed rule change
will impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, if consistent with
the protection of investors and public interest, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \23\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\24\
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\23\ 15 U.S.C. 78s(b)(3)(A)(iii).
\24\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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A proposed rule change filed under Rule 19b-4(f)(6) \25\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\26\ the Commission
may designate a shorter time if such action is consistent with
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The
Commission believes that waiving 30-day operative delay is consistent
with the protection of investors and the public interest because the
proposal aligns the rule text relating to options on the Crypto Assets
with the rule text of other exchanges and does not introduce any novel
regulatory issues.\27\ Accordingly, the Commission designates the
proposed rule change to be operative upon filing.\28\
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\25\ 17 CFR 240.19b-4(f)(6).
\26\ 17 CFR 240.19b-4(f)(6)(iii).
\27\ See supra notes 4-6.
\28\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
[[Page 13907]]
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
file number SR-NYSEARCA-2026-27 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-NYSEARCA-2026-27. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the filing will be available for inspection and
copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-NYSEARCA-2026-27 and should be submitted
on or before April 13, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
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\29\ 17 CFR 200.30-3(a)(12), (59).
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Vanessa A. Countryman,
Secretary.
[FR Doc. 2026-05557 Filed 3-20-26; 8:45 am]
BILLING CODE 8011-01-P