Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc.

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade Shares of the Grayscale Ethereum Futures Trust (ETH) ETF Under NYSE Arca Rule 8.200-E, Commentary .02 (Trust Issued Receipts)

On September 19, 2023, NYSE Arca, Inc. ("NYSE Arca" or "Exchange") 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 ("Shares") of the Grayscale Ethereum Futures Trust (ETH) ETF ("Trust") under NYSE Arca Rule 8.200-E, Commentary .02 (Trust Issued Receipts). The proposed rule change was published for comment in the Federal Register on October 3, 2023. ⁽³⁾

On November 15, 2023, pursuant to section 19(b)(2) of the Act, ⁽⁴⁾ 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 disapprove the proposed rule change. ⁽⁵⁾ On December 18, 2023, the Commission instituted proceedings under section 19(b)(2)(B) of the Act  ⁽⁶⁾ to determine whether to approve or disapprove the proposed rule change. ⁽⁷⁾

Section 19(b)(2) of the Act  ⁽⁸⁾ provides that, after initiating proceedings, the Commission shall issue an order approving or disapproving the proposed rule change not later than 180 days after the date of publication of notice of filing of the proposed rule change. The Commission may extend the period for issuing an order approving or disapproving the proposed rule change, however, by not more than 60 days if the Commission determines that a longer period is appropriate and publishes the reasons for such determination. The proposed rule change was published for comment in the Federal Register on October 3, 2023. ⁽⁹⁾ The 180th day after publication of the proposed rule change is March 31, 2024. The Commission is extending the time period for approving or disapproving the proposed rule change for an additional 60 days.

The Commission finds that it is appropriate to designate a longer period within which to issue an order approving or disapproving the proposed rule change so that it has sufficient time to consider the proposed rule change and the issues raised therein. Accordingly, the Commission, pursuant to section 19(b)(2) of the Act, ⁽¹⁰⁾ designates May 30, 2024, as the date by which the Commission shall either approve or disapprove the proposed rule change (File No. SR-NYSEARCA-2023-63).

⁽¹⁾  15 U.S.C. 78s(b)(1).

⁽²⁾  17 CFR 240.19b-4.

⁽³⁾ See Securities Exchange Act Release No. 98567 (Sept. 27, 2023), 88 FR 68171. Comments on the proposed rule change are available at: https://www.sec.gov/comments/sr-nysearca-2023-63/srnysearca202363.htm.

⁽⁴⁾  15 U.S.C. 78s(b)(2).

⁽⁵⁾ See Securities Exchange Act Release No. 98944, 88 FR 81171 (Nov. 21, 2023).

⁽⁶⁾  15 U.S.C. 78s(b)(2)(B).

⁽⁷⁾ See Securities Exchange Act Release No. 99198, 88 FR 88694 (Dec. 22, 2023).

⁽⁸⁾  15 U.S.C. 78s(b)(2).

⁽⁹⁾ See supra note 3 and accompanying text.

⁽¹⁰⁾  15 U.S.C. 78s(b)(2).

⁽¹¹⁾  17 CFR 200.30-3(a)(57).