Notice2025-18038

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of Amendment No. 3 to a Proposed Rule Change To Amend Rule 14.11(e)(4) To Permit the Generic Listing and Trading of Commodity-Based Trust Shares That Meet the Requirements Set Forth in Proposed Rule 14.11(e)(4)

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
September 18, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 90 Issue 179 (Thursday, September 18, 2025)</title>
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[Federal Register Volume 90, Number 179 (Thursday, September 18, 2025)]
[Notices]
[Pages 45075-45082]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18038]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-103972; File No. SR-CboeBZX-2025-104]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing of Amendment No. 3 to a Proposed Rule Change To Amend Rule 
14.11(e)(4) To Permit the Generic Listing and Trading of Commodity-
Based Trust Shares That Meet the Requirements Set Forth in Proposed 
Rule 14.11(e)(4)

September 15, 2025.
    On July 30, 2025, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'') 
filed with the Securities and Exchange Commission (``Commission''), 
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend BZX Rule 14.11(e)(4) to permit the 
generic listing and trading of Commodity-Based Trust Shares that meet 
the requirements set forth in proposed BZX Rule 14.11(e)(4). The 
proposed rule change was published for comment in the Federal Register 
on August 4, 2025.\3\ On August 27, 2025, the Exchange filed Amendment 
No. 2 to the proposed rule change, which replaced and superseded the 
proposed rule change in its entirety.\4\ On September 4, 2025, the 
Exchange filed Amendment No. 3 to the proposed rule change as described 
in Items I and II below, which Items have been prepared by the 
Exchange. Amendment No. 3 replaces and supersedes the proposed rule 
change, as modified by Amendment No. 2. The Commission is publishing 
this notice to solicit comments on the proposed rule change, as 
modified by Amendment No. 3, from interested persons.
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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. 103594 (July 30, 
2025), 90 FR 36496. Comments received on the proposed rule change 
are available at: <a href="https://www.sec.gov/comments/sr-cboebzx-2025-104/srcboebzx2025104.htm">https://www.sec.gov/comments/sr-cboebzx-2025-104/srcboebzx2025104.htm</a>.
    \4\ On August 26, 2025, the Exchange filed Amendment No. 1 to 
the proposed rule change and on August 27, 2025, the Exchange 
withdrew Amendment No. 1.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') is filing 
with the Securities and Exchange Commission (``Commission'' or ``SEC'') 
a proposed rule change to amend Rule 14.11(e)(4) to permit the generic 
listing and trading of Commodity-Based Trust Shares that meet the 
requirements set forth in proposed Rule 14.11(e)(4). The text of the 
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the 
Exchange's website (<a href="http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/">http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/</a>) and at the Exchange's Office of the Secretary.

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 Exchange 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 these 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 aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    This Amendment No. 3 to SR-CboeBZX-2025-104 amends and replaces in 
its entirety the proposal as originally submitted on July 30, 2025 and 
as amended by Amendment No. 1 on August 26, 2025 and Amendment No. 2 on 
August 27, 2025. The Exchange submits this Amendment No. 3 in order to 
clarify certain points and add additional details to the proposal.
    The Exchange adopted rules to list and trade Commodity-Based Trust 
Shares under Rule 14.11(e) in 2013.\5\ The Exchange now proposes to 
amend Rule 14.11(e)(4) for the purpose of permitting the generic 
listing and trading, or trading pursuant to unlisted trading 
privileges, of Commodity-Based Trust Shares that meet the amended 
requirements of Rule 14.11(e)(4) as set forth below.\6\
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    \5\ See Securities Exchange Act No. 70250 (August 29, 2013) 78 
FR 53510 (SR-BATS-2013-038) (Order Approving a Proposed Rule Change, 
as Modified by Amendment No. 1, To Adopt Listing Standards for 
Certain Securities).
    \6\ As discussed further below, the Exchange may submit a rule 
filing pursuant to Section 19(b) of the Exchange Act to permit the 
listing and trading of Commodity-Based Trust Shares that do not meet 
the proposed generic listing requirements on an initial or 
continuing basis.
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Proposed Listing Rules
    Rule 14.11(e)(4)(A) currently provides that the Exchange will 
consider for trading, whether by listing or pursuant to unlisted 
trading privileges, Commodity-Based Trust Shares that meet the criteria 
of Rule 14.11(e)(4), however the Exchange will file separate proposals 
under Section 19(b) of the Act before listing Commodity-Based Trust 
Shares. The Exchange proposes to amend Rule 14.11(e)(4)(A) to provide 
that the Exchange will consider for trading, whether by listing or 
pursuant to unlisted trading privileges, Commodity-Based Trust Shares 
that meet the criteria of proposed Rule 14.11(e)(4). The Exchange may 
list and trade Commodity-Based Trust Shares pursuant to Rule 19b-4(e) 
under the Exchange Act or may submit a rule filing pursuant to Section 
19(b) of the Exchange Act to permit the listing and trading of 
Commodity-Based Trust Shares that do not meet the standards set forth 
in this proposed Rule 14.11(e)(4) on an initial or continuing basis.\7\ 
All statements or representations contained in such rule filing 
regarding (1) the description of the index, portfolio or reference 
asset, (2) limitations on index, portfolio holdings or reference 
assets, or (3) the applicability of Exchange listing rules specified in 
such rule filing will constitute continued listing requirements. An 
issuer of a series of Commodity-Based Trust Shares must notify the 
Exchange of any failure to comply with such continued listing 
requirements. If Commodity-Based Trust Shares do not satisfy these 
requirements, the Exchange may suspend trading in the Trust shares and 
will initiate delisting proceedings pursuant to Rule 14.12.
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    \7\ Any current or future products listed pursuant to Exchange 
Rule 14.11(e)(4) would adhere to the requirements of proposed Rule 
14.11(e)(4).
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    Existing Rule 14.11(e)(4)(B) provides for the applicability of Rule 
14.11(e)(4), and states that it is applicable only to Commodity-Based 
Trust Shares. Except to the extent inconsistent with Rule 14.11(e)(4), 
or unless the context otherwise requires, the provisions of the trust 
issued receipts rules, Bylaws, and all other rules and procedures of 
the Board of Directors shall be applicable to the trading on the 
Exchange of such securities. Commodity-Based Trust Shares are included 
within the definition of ``security'' or ``securities'' as such terms 
are used in the Rules of the Exchange. The Exchange proposes to modify 
the applicability provision under Rule 14.11(e)(4)(B) to remove the 
provisions that the trust issued receipt rules shall be applicable to 
the trading on the Exchange of Commodity-Based Trust Shares. As 
discussed further

[[Page 45076]]

below, the proposal seeks to provide that Commodity-Based Trust Shares 
may be issued by diverse entity structures including trusts, limited 
liability companies, or other similar vehicles and acknowledges that 
these entities may hold diversified portfolios encompassing multiple 
commodities, Commodity-Based Assets (as defined in proposed Rule 
14.11(e)(4)(C)(iii)), securities, cash, and Cash Equivalents (as 
defined in proposed Rule 14.11(e)(4)(C)(iv)). The Exchange further 
proposes to amend the applicability section to provide that Commodity-
Based Trust Shares are included in the definition of ``security'' or 
``securities'' as such terms are used in the Bylaws and Rules of the 
Exchange and are subject to the Exchange rules governing the trading of 
equity securities.
    Existing Rule 14.11(e)(4)(C) sets forth the definitions applicable 
to Rule 14.11(e)(4). The Exchange first proposes to amend the 
definition of Commodity-Based Trust Shares under Rule 14.11(e)(4)(C)(i) 
to provide that it means a security that:
    (a) is issued by a trust, limited liability company, or other 
similar entity \8\ (``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;
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    \8\ For example, a partnership may be considered an ``other 
similar entity'' under the proposed Rule.
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    (b) is designed to reflect the performance of one or more reference 
assets or an index of reference assets, less expenses and other 
liabilities;
    (c) in order to reflect the performance as provided in proposed 
Rule 14.11(e)(4)(C)(i)(b), is issued by a Trust that holds (1) one or 
more commodities or Commodity-Based Assets as defined in proposed Rule 
14.11(e)(4)(C)(iii), as described below; and (2) in addition to such 
commodities or Commodity-Based Assets, may hold securities, cash, and 
Cash Equivalents;
    (d) is issued by a Trust in a specified aggregate minimum number in 
return for a deposit of (1) a specified quantity of the underlying 
commodities, Commodity-Based Assets, securities, cash, and Cash 
Equivalents, or (2) a cash amount with a value based on the next 
determined Net Asset Value per Trust share; and
    (e) 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 (1) the specified quantity of the underlying 
commodities, Commodity-Based Assets and securities, cash and Cash 
Equivalents or (2) a cash amount with a value based on the next 
determined Net Asset Value per Trust share.
    The Exchange proposes to amend the definition of Commodity provided 
under Rule 14.11(e)(4)(C)(ii), to provide that the term ``Commodity'' 
is as defined in Section 1a(9) of the Commodity Exchange Act that is 
not an ``excluded commodity'' as defined in Section 1a(19) of the 
Commodity Exchange Act.
    The Exchange also proposes to adopt new definitions under proposed 
Rules 14.11(e)(4)(C)(iii) through (x).
    Proposed 14.11(e)(4)(C)(iii) would provide that the term 
``Commodity-Based Asset'' means a future, option or swap on a commodity 
as defined in proposed Rule 14.11(e)(4)(C)(ii).
    Proposed 14.11(e)(4)(C)(iv) would provide that the term ``Cash 
Equivalent'' means short-term instruments with maturities of less than 
three months as follows: (a) U.S. Government securities, including 
bills, notes and bonds differing as to maturity and rates of interest, 
which are either issued or guaranteed by the U.S. Treasury or by U.S. 
Government agencies or instrumentalities; (b) certificates of deposit 
issued against funds deposited in a bank or savings and loan 
association; (c) bankers' acceptances, which are short-term credit 
instruments used to finance commercial transactions; (d) repurchase 
agreements and reverse repurchase agreements; (e) bank time deposits, 
which are monies kept on deposit with banks or savings and loan 
associations for a stated period of time at a fixed rate of interest; 
(f) commercial paper, which are short-term unsecured promissory notes; 
and (g) money market funds.
    Proposed 14.11(e)(4)(C)(v) would provide that the term ``Net Asset 
Value'' means the value of Commodity-Based Trust Shares that is used in 
computing periodically the current price for the purpose of creation 
and redemption of Trust shares and is an amount which reflects the 
current market value of the assets held by the Trust less expenses and 
liabilities.
    Proposed 14.11(e)(4)(C)(vi) would provide that the term 
``Designated Contract Market'' means a board of trade or exchange that 
has been designated as a contract market under Section 5 of the 
Commodity Exchange Act and operates under the regulatory oversight of 
the Commodity Futures Trading Commission, pursuant to Section 5 of the 
Commodity Exchange Act.
    Proposed Rule 14.11(e)(4)(C)(vii) would provide that the term 
``Exchange-Traded Fund'' means an open-end management investment 
company or a unit investment trust as defined in Section 4(2) of the 
Investment Company Act of 1940 or series or class thereof, the shares 
of which are listed and traded on a national securities exchange, and 
that has formed and operates under an exemptive order under the 
Investment Company Act of 1940 or in reliance on an exemptive rule 
adopted by the Securities and Exchange Commission.
    Proposed Rule 14.11(e)(4)(C)(viii) would provide that the term 
``Intraday Indicative Value'' means the estimated indicative value of a 
Trust share based on current information regarding the value of the 
Trust's underlying assets.
    Proposed Rule 14.11(e)(4)(C)(ix) would provide that the term 
``Market Price'' means: (a) the official closing price of a Trust 
share; or (b) if it more accurately reflects the market value of a 
Trust share at the time as of which the trust calculates current Net 
Asset Value per share, the price that is the midpoint between the 
national best bid and national best offer as of that time.
    Proposed Rule 14.11(e)(4)(C)(x) would provide that the term 
``Premium or Discount'' means the positive or negative difference 
between the Market Price of a Trust share at the time as of which the 
current Net Asset Value is calculated and the Trust's current Net Asset 
Value per share, expressed as a percentage of the Trust share's current 
Net Asset Value per share.
    Existing Rule 14.11(e)(4)(D) currently provides for the Designation 
of an Underlying Commodity and provides that the Exchange may trade, 
either by listing or pursuant to unlisted trading privileges, 
Commodity-Based Trust Shares based on an underlying commodity. Each 
issue of a Commodity-Based Trust Share shall be designated as a 
separate series and shall be identified by a unique symbol. The 
Exchange proposes to replace Rule 14.11(e)(4)(D) to instead provide 
initial and, except for proposed Rule 14.11(e)(4)(D)(i)(c) discussed 
below, continued listing eligibility criteria for Commodity-Based Trust 
Shares. Specifically, as proposed, each commodity or commodity that 
underlies a Commodity-Based Asset held by the trust must meet at least 
one of the following three criteria on an initial and, except for 
proposed Rule 14.11(e)(4)(D)(i)(c), continuing basis.\9\
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    \9\ Following Commission approval of these proposed generic 
listing standards, the Exchange will submit a separate proposal for 
an additional quantitative generic listing standard.
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    Proposed Rule 14.11(e)(4)(D)(i)(a) provides the first criteria, 
which states that the commodity trades on a market

[[Page 45077]]

that is an Intermarket Surveillance Group (``ISG'') member, provided 
that the Exchange may obtain information about trading in such 
commodity from the ISG member. This proposed criteria establishes a 
conditional framework that extends to any commodity traded on 
individual foreign or domestic markets, contingent upon two essential 
requirements: the market must maintain ISG membership status,\10\ and 
the Exchange must retain the ability to access trading information for 
the relevant commodity through the ISG relationship.
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    \10\ For a list of the current members of ISG, see 
<a href="http://www.isgportal.com">www.isgportal.com</a>.
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    Proposed Rule 14.11(e)(4)(D)(i)(b) provides the second criteria, 
which states that the commodity underlies a futures contract that has 
been made available to trade on a Designated Contract Market for at 
least six months, provided that the Exchange has a comprehensive 
surveillance sharing agreement, whether directly or through common 
membership in ISG, with such Designated Contract Market. The six-month 
requirement commences from the futures contract's initial listing date 
on the Designated Contract Market.
    Proposed Rule 14.11(e)(4)(D)(i)(c) provides the third criteria, 
which states that an Exchange-Traded Fund designed to provide economic 
exposure of no less than 40% of its Net Asset Value to the relevant 
commodity lists and trades on a national securities exchange.\11\
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    \11\ As provided in proposed Rule 14.11(e)(4)(D), the proposed 
criteria shall only be applicable on an initial listing basis.
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    In addition to the above, Rule 14.11(e)(4)(D)(ii) provides that 
each security held by the Trust shall meet the criteria of Exchange 
Rule 14.11(i) (Managed Fund Shares), paragraphs (4)(C)(i) and (ii),\12\ 
or if the security is a listed option, trades on an ISG market.
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    \12\ Rule 14.11(i)(4)(C)(i) sets forth the requirements for 
equity component securities for Managed Fund Shares and Rule 
14.11(i)(4)(C)(ii) sets forth the requirements for fixed income 
component securities for Managed Fund Shares.
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    The Exchange proposes to adopt Rule 14.11(e)(4)(E) to address 
disclosed information by the Trust. Specifically, the Rule would 
require the Trust to disclose prominently on its website, which is 
publicly available and free of charge, the following information:
    (i) Before the opening of regular trading on the Exchange, for the 
Trust's commodities, Commodity-Based Assets, securities, cash and Cash 
Equivalent, to the extent applicable: (a) ticker symbol; (b) 
identifier; (c) description of the holding; (d) the quantity of each 
commodity, Commodity-Based Asset, security, cash, and Cash Equivalent 
held; and (e) the percentage weighting of the Trust's assets.
    (ii) The Trust's current Net Asset Value per share, Market Price, 
and Premium or Discount, each as of the end of the prior business day;
    (iii) A table showing the number of days the Trust's shares traded 
at a Premium or Discount during the most recently completed calendar 
year and the most recently completed calendar quarters since that year 
(or the life of the Trust, if shorter);
    (iv) A line graph showing the Trust share's Premiums or Discounts 
for the most recently completed calendar year and the most recently 
completed calendar quarters since that year (or the life of the Trust, 
if shorter);
    (v) The Trust share's median-ask spread, expressed as a percentage 
rounded to the nearest hundredth, computed by: (a) identifying the 
Trust share's national best bid and national best offer as of the end 
of each 10-second interval during each trading day of the last 30 
calendar days; (b) dividing the difference between each such bid and 
offer by the midpoint of the national best bid and national best offer; 
and (c) identifying the median of those values.
    (vi) Liquidity risk policies and procedures as described in 
proposed paragraph (G) of Rule 14.11(e)(4) as further explained below;
    (vii) The Trust's methodology for the calculation of its Net Asset 
Value;
    (viii) The Trust's trading volume for the previous day; and
    (ix) The Trust's effective prospectus, in a form available for 
download.
    This comprehensive website disclosure requirement provides 
substantial benefits for market transparency, investor protection, and 
market efficiency by creating a centralized, accessible information hub 
that addresses the unique challenges of Commodity-Based Trust Shares.
    Proposed Rule 14.11(e)(4)(F) generally prohibits a leveraged or 
inversed series of Commodity-Based Trust Shares to be listed 
generically on the Exchange. Specifically, the proposed Rule provides 
that the Trust may not seek, directly or indirectly, to provide 
investment returns that correspond to the performance of an index, 
benchmark, or reference value by a specified multiple, or to provide 
investment returns that have an inverse or multiple inverse 
relationship to the performance of an index, benchmark, or reference 
value, over a predetermined period of time.
    Proposed Rule 14.11(e)(4)(G) provides for liquidity risk policies 
and procedures. If a Trust has on a daily basis less than 85% of its 
assets readily available to meet redemption requests, the Trust must 
have written liquidity risk policies and procedures reasonably designed 
to address the risk that it could not meet requests to redeem shares 
issued by the Trust without significant dilution of remaining 
shareholders' interest in the Trust. Such policies and procedures must 
be periodically reviewed (with such review occurring no less frequently 
than annually) by the Trust. For purposes of this Rule 14.11(e)(4), an 
asset is deemed not readily available to meet redemption requests if it 
is segregated, pledged, hypothecated, encumbered or otherwise 
restricted or prevented from being liquidated, sold, transferred, or 
assigned within one business day.\13\ The policies and procedures must 
address the following, as applicable:
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    \13\ Proposed Rule 14.11(e)(4)(G) would apply, for example, in 
situations such as where assets held by the Trust are crypto assets 
and are subject to protocol staking. Specifically, to the extent 
that the Trust stakes more than 15% of its assets, the Trust will be 
required to comply with the liquidity risk policies and procedures 
as provided under proposed Rule 14.11(e)(4)(G).
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    (i) The Trust's investment strategy and liquidity of the Trust's 
assets during normal and stressed conditions, including holdings in 
derivatives and whether the investment strategy is appropriate for 
effective and efficient arbitrage;
    (ii) Holdings of cash and Cash Equivalents, as well as borrowing 
arrangements and other funding sources; and
    (iii) Percentage and description \14\ of the Trust's assets that 
are segregated, pledged, hypothecated, encumbered, or otherwise 
restricted or prevented from being liquidated, sold, transferred or 
assigned.
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    \14\ For example, for crypto ETPs that have staked assets, this 
would describe the asset that is staked and the percentage.
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    Current Rule 14.11(e)(4)(E) provides for the initial and continued 
listing standards for Commodity-Based Trust Shares. The Exchange 
proposes to bifurcate the initial listing standards from the continued 
listing standards under proposed Rules 14.11(e)(4)(H) and (I), 
respectively. Proposed Rule 14.11(e)(4)(H) provides that Commodity-
Based Trust Shares that meet the following initial criteria will be 
listed and traded on the Exchange subject to the application of the 
following criteria. Proposed Rule 14.11(e)(4)(H)(i) would state that 
the Exchange will establish a minimum number of Commodity-Based Trust 
Shares required to be outstanding at the time of commencement of 
trading on the Exchange. Proposed Rule 14.11(e)(4)(H)(ii) would state 
that all Commodity-Based Trust Shares shall

[[Page 45078]]

have a stated investment objective, which shall be adhered to under 
normal market conditions.
    The current continued listing requirements for Commodity-Based 
Trust Shares provide that the Exchange will consider the suspension of 
trading in and will commence delisting proceedings for a series of 
Commodity-Based Trust Shares pursuant to Rule 14.12 if certain 
enumerated circumstances are met. The Exchange proposes to modify this 
requirement under proposed Rule 14.11(e)(4)(I) to codify that the 
Exchange will maintain surveillance procedures for Trust shares listed 
under Rule 14.11(e)(4). The Exchange also proposes to amend and 
renumber the enumerated criteria as follows.
    Proposed Rule 14.11(e)(4)(I)(i) is substantively identical to 
existing Rule 14.11(e)(4)(E)(ii)(a), which provides that the Exchange 
will consider the suspension of trading in and will commence delisting 
proceedings for a series of Commodity-Based Trust Shares pursuant to 
Rule 14.12 if following the initial 12 month period following 
commencement of trading on the Exchange, the Trust has more than 60 
days remaining until termination and there are fewer than 50 record 
and/or beneficial holders of Commodity-Based Trust Shares for 30 or 
more consecutive trading days.
    Proposed Rule 14.11(e)(4)(I)(ii) maintains the same substantive 
content as the current Rule 14.11(e)(4)(E)(ii)(b), with the Exchange 
making a clarifying modification to replace ``receipts'' with 
``shares'' for improved terminology. Proposed Rule 14.11(e)(4)(I)(ii) 
provides that the Exchange will consider the suspension of trading in 
and will commence delisting proceedings for a series of Commodity-Based 
Trust Shares pursuant to Rule 14.12 if following the initial 12 month 
period following commencement of trading on the Exchange, the Trust has 
fewer than 50,000 shares issued and outstanding.
    Proposed Rule 14.11(e)(4)(I)(iii) maintains substantive equivalence 
with existing Rule 14.11(e)(4)(E)(ii)(c), incorporating two Exchange 
clarifications: the terminological improvement of replacing 
``receipts'' with ``shares'' and the explicit specification that this 
provision applies to Commodity-Based Trust Shares trading on the 
Exchange. Proposed Rule 14.11(e)(4)(I)(iii) provides that the Exchange 
will consider the suspension of trading in and will commence delisting 
proceedings for a series of Commodity-Based Trust Shares pursuant to 
Rule 14.12 if following the initial 12 month period following 
commencement of trading on the Exchange of Commodity-Based Trust 
Shares, the market value of all shares issued and outstanding is less 
than $1,000,000.
    Existing Rule 14.11(e)(4)(E)(ii)(d) provides that the Exchange will 
commence delisting proceedings for a series of Commodity-Based Trust 
Shares pursuant to Rule 14.12 if an interruption to the dissemination 
of the value of the underlying commodity persists past the trading day 
in which it occurred or is no longer calculated or available on at 
least a 15-second delayed basis from a source unaffiliated with the 
sponsor, Trust, custodian or the Exchange or the Exchange stops 
providing a hyperlink on its website to any such unaffiliated commodity 
value. The Exchange proposes to change the continued listing 
requirement under proposed Rule 14.11(e)(4)(I)(iv) to provide that the 
Exchange will consider the suspension of trading in and will commence 
delisting proceedings for a series of Commodity-Based Trust Shares 
pursuant to Rule 14.12 when the interruption to the dissemination of 
the value of the underlying reference asset(s) or index persists past 
the trading day in which it occurred or is no longer calculated or made 
widely available on at least a 15-second delayed basis from a source 
unaffiliated with the sponsor, Trust, custodian or the Exchange or the 
Exchange stops providing a hyperlink on its website to any such 
unaffiliated commodity value.
    Existing Rule 14.11(e)(4)(E)(ii)(e) provides the Exchange will 
commence delisting proceedings for a series of Commodity-Based Trust 
Shares pursuant to Rule 14.12 if an interruption to the dissemination 
of the Intraday Indicative Value persists past the trading day in which 
it occurred or is no longer made available on at least a 15-second 
delayed basis. The Exchange proposes to reword the continued listing 
requirement under proposed Rule 14.11(e)(4)(I)(v) to provide that the 
Exchange will consider the suspension of trading in and will commence 
delisting proceedings for a series of Commodity-Based Trust Shares 
pursuant to Rule 14.12 when the interruption to the dissemination of 
the Intraday Indicative Value persists past the trading day in which it 
occurred or is no longer made widely available on at least a 15-second 
delayed basis during Regular Trading Hours.\15\
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    \15\ See Exchange Rule 1.5(w).
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    The Exchange proposes to adopt Rule 14.11(e)(4)(I)(vi) which 
provides that the Exchange will consider the suspension of trading in 
and will commence delisting proceedings for a series of Commodity-Based 
Trust Shares pursuant to Rule 14.12 if the Net Asset Value is not 
calculated at least once daily or made widely available to all market 
participants at the same time.
    The Exchange also proposes to adopt Rule 14.11(e)(4)(I)(vii) which 
provides that the Exchange will consider the suspension of trading in 
and will commence delisting proceedings for a series of Commodity-Based 
Trust Shares pursuant to Rule 14.12 if the information as set forth in 
proposed Rule 14.11(e)(4) is no longer being disclosed in accordance 
with the requirements of proposed Rule 14.11(e)(4)(E), discussed above.
    Proposed Rule 14.11(e)(4)(I)(viii) is substantively identical to 
existing Rule 14.11(e)(4)(E)(ii)(f) except that the Exchange proposes 
to add clarifying changes so that the rule provides that the Exchange 
will consider the suspension of trading in and will commence delisting 
proceedings for a series of Commodity-Based Trust Shares pursuant to 
Rule 14.12 if any of the other requirements set forth in Rule 
14.11(e)(4) are not continuously maintained.
    The Exchange proposes to delete existing Rule 14.11(e)(4)(g) as it 
duplicative of the requirements set forth in proposed Rule 
14.11(e)(4)(I)(viii).
    The Exchange proposes to adopt Rule 14.11(e)(4)(I)(ix) which 
provides that the Exchange will consider the suspension of trading in 
and will commence delisting proceedings for a series of Commodity-Based 
Trust Shares pursuant to Rule 14.12 if the Exchange submits a rule 
filing pursuant to Section 19(b) of the Exchange Act to permit the 
listing and trading of Commodity-Based Trust Shares that do not 
otherwise meet the standards set forth in this proposed Rule 
14.11(e)(4) and any of the statements or representations regarding (a) 
the description of the index, portfolio, or reference asset; (b) 
limitations on the index, portfolio holdings, or reference assets, or 
(c) the applicability of Exchange listing rules specified in such rule 
filing are not continuously maintained.
    Proposed Rule 14.11(e)(4)(I)(x) is substantively identical to 
existing Rule 14.11(e)(4)(E)(ii)(h) and provides that the Exchange will 
consider the suspension of trading in and will commence delisting 
proceedings for a series of Commodity-Based Trust Shares pursuant to 
Rule 14.12 if such other event shall occur or condition exists which in 
the opinion of the Exchange makes further dealings on the Exchange 
inadvisable. Upon termination of a Trust, the Exchange requires that

[[Page 45079]]

Commodity-Based Trust Shares issued in connection with such Trust be 
removed from Exchange listing. A Trust may terminate in accordance with 
the provisions of the Trust prospectus, which may provide for 
termination if the value of the Trust falls below a specified amount.
    The Exchange proposes to adopt Rule 14.11(e)(4)(J) which provides 
for Trading Halts in Commodity-Based Trust Shares. Under proposed Rule 
14.11(e)(4)(J)(i) the Exchange may halt trading during the day in which 
the interruption to the following occurs. If the interruption persists 
past the trading day in which it occurred, the Exchange will halt 
trading no later than the beginning of the trading day following the 
interruption. If Commodity-Based Trust Shares are trading on the 
Exchange pursuant to unlisted trading privileges, the Exchange will 
halt trading as specified in Rule 11.18. Specifically, the Exchange may 
halt if: (a) the value of the underlying reference asset(s) or index is 
not made widely available on at least a 15-second basis from a source 
unaffiliated with the sponsor or the Trust; (b) the Intraday Indicative 
Value is not made widely available to all market participants at the 
same time on at least a 15-second basis during Regular Trading Hours; 
or (c) the information as set forth in this proposed Rule 14.11(e)(4) 
is not being disclosed in accordance with the requirement of proposed 
paragraph (E) above.
    Proposed Rule 14.11(e)(4)(J)(ii) further provides that if the 
Exchange becomes aware that the Net Asset Value is not disseminated to 
all market participants at the same time, it will halt trading in the 
Commodity-Based Trust Shares until such time as the Net Asset Value is 
available to all market participants.
    Proposed Rule 14.11(e)(4)(J)(iii) provides that the Exchange may 
also exercise discretion to halt trading in a Series of Commodity-Based 
Trust Shares based on a consideration of the following factors: (A) the 
extent to which trading has ceased in underlying Commodity(s) or 
Commodity-Based Assets comprising the index or portfolio, (B) in the 
event of national, regional, or localized disruption that necessitates 
a trading halt to maintain a fair and orderly market, or (C) the 
presence of other unusual conditions or circumstances detrimental to 
the maintenance of a fair and orderly market.
    The Exchange proposes to delete existing Rule 14.11(e)(4)(E)(iii) 
through (v), which provides for initial and continued listing standards 
related to the term of the trust, the trustee requirements, and voting 
rights.
    The Exchange proposes to re-letter Rule 14.11(e)(4)(F) to 
14.11(e)(4)(K). Proposed Rule 14.11(e)(4)(K) provides for limited 
liability of the Exchange in certain circumstances and is substantively 
identical to existing Rule 14.11(e)(4)(F), with a conforming change to 
reflect that the Trust may hold multiple commodities.
    The Exchange proposes to amend Rule 14.11(e)(4)(G) and re-letter as 
Rule 14.11(e)(4)(L), which generally provides that a registered Market 
Maker in Commodity-Based Trust Shares must file with the Exchange in a 
manner prescribed by the Exchange and keep current a list identifying 
all accounts for trading in certain related instruments. Proposed Rule 
14.11(e)(4)(L) states that a registered Market Maker in Commodity-Based 
Trust Shares must file with the Exchange in a manner prescribed by the 
Exchange and keep current a list identifying all accounts for trading 
in each underlying commodity and Commodity-Based Asset which the 
registered Market Maker may have or over which it may exercise 
investment discretion. No registered Market Maker in Commodity-Based 
Trust Shares shall trade in an underlying commodity, Commodity-Based 
Asset or any other related commodity derivative thereon in an account 
in which a registered Market Maker (1) directly or indirectly controls 
trading activities or has a direct interest in the profits or losses 
thereof, (2) is required by this rule to disclose to the Exchange, and 
(3) has not been reported to the Exchange. In addition to the existing 
obligations under Exchange rules regarding the production of books and 
records (see, e.g., Rule 4.2), the registered Market Maker in 
Commodity-Based Trust Shares shall make available to the Exchange such 
books, records or other information pertaining to transactions by such 
entity or registered or non-registered employee affiliated with such 
entity for its or their own accounts for trading the underlying 
physical commodity or Commodity-Based Asset or applicable derivatives 
of each of the foregoing, as may be requested by the Exchange.
    The Exchange proposes to adopt Rule 14.11(e)(4)(M) which would 
provide for firewall requirements for Commodity-Based Trust Shares. 
Proposed Rule 14.11(e)(4)(M)(i) provides that if the value of a 
Commodity-Based Trust Shares is based in whole or in part on an index 
that is maintained by a broker-dealer, the broker-dealer shall erect 
and maintain a ``firewall'' around the personnel responsible for 
maintenance of such index or who have access to information concerning 
changes and adjustments to the index.
    Proposed Rule 14.11(e)(4)(M)(ii) provides that any advisory 
committee, supervisory board, or similar entity that advises an index 
licensor or administrator or that makes decisions regarding the index 
composition, methodology, and related matters must implement and 
maintain, or be subject to, procedures designed to prevent the use and 
dissemination of material, non-public information regarding the 
applicable index.
    Proposed Rule 14.11(e)(4)(M)(iii) provides that if the Trust is 
affiliated with an entity that has the ability to influence the price 
or supply of a commodity, or a commodity underlying a Commodity-Based 
Asset, held by the Trust, the Trust shall (a) implement and maintain a 
``firewall'' between any such entity and the Trust, (b) have written 
policies and procedures designed to prevent the use and dissemination 
of material, non-public information regarding the Trust, and (c) have 
written policies and procedures designed to prevent fraudulent, 
deceptive or manipulative acts, practices, or courses of business with 
respect to the Trust and such commodity.
    Last, the Exchange proposes to delete the existing language of 
Interpretation and Policy .01 to Rule 14.11(e)(4) which provides that a 
Commodity-Based Trust Share is a Trust Issued Receipt that holds a 
specified commodity deposited with the Trust. The Exchange proposes to 
replace the deleted text to provide that an issue of Commodity-Based 
Trust Shares must notify the Exchange of any failure to comply with the 
continued listing requirements. The Exchange proposes no change to 
existing Interpretation and Policies .02 and .03 of Rule 14.11(e)(4). 
Specifically, Interpretation and Policy .02 to Rule 14.11(e)(4) states 
that the Exchange requires that Members provide all purchasers of newly 
issued Commodity-Based Trust Shares a prospectus for the series of 
Commodity-Based Trust Shares. Interpretation and Policy .03 to Rule 
14.11(e)(4) states that transactions in Commodity-Based Trust Shares 
will occur during Regular Trading Hours \16\ and the Early Trading,\17\ 
Pre-Opening \18\ and After Hours Trading Sessions.\19\
---------------------------------------------------------------------------

    \16\ See Exchange Rule 1.5(w).
    \17\ See Exchange Rule 1.5(ff).
    \18\ See Exchange Rule 1.5(r).
    \19\ See Exchange Rule 1.5(c).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations

[[Page 45080]]

thereunder applicable to the Exchange and, in particular, the 
requirements of Section 6(b) of the Act.\20\ Specifically, the Exchange 
believes the proposed rule change is consistent with the Section 
6(b)(5) \21\ requirements that the rules of an exchange be 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 regulating, clearing, settling, 
processing information with respect to, and 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.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ Id.
---------------------------------------------------------------------------

    The Exchange believes that the proposed amendments to Rule 
14.11(e)(4) are designed to prevent fraudulent and manipulative acts 
and practices in that the proposed amended rules relating to listing 
and trading Commodity-Based Trust Shares on the Exchange provide 
specific initial and continued listing criteria required to be met by 
such securities. The proposed Rules set forth initial and continued 
listing criteria applicable to Commodity-Based Trust Shares, and 
proposed Rule 14.11(e)(4)(A) specifically provides that the Exchange 
may approve a series of Commodity-Based Trust Shares for listing and 
trading (including pursuant to unlisted trading privileges) on the 
Exchange pursuant to Rule 19b-4(e) under the Act, provided such series 
of Commodity-Based Trust Shares meet the standards set forth in 
proposed Rule 14.11(e)(4) on an initial or continuing basis. The 
Exchange will submit a Form 19b-4(e) for all series of Commodity-Based 
Trust Shares upon being listed pursuant to proposed Rule 14.11(e)(4). 
Furthermore, the Exchange may submit a rule filing pursuant to Section 
19(b) of the Exchange Act to permit the listing and trading of 
Commodity-Based Trust Shares that do not meet the proposed generic 
listing requirements on an initial or continuing basis under proposed 
Rule 14.11(e)(4)(A). By allowing rule filings for Commodity-Based Trust 
Shares that don't meet generic requirements, the Exchange maintains 
flexibility to seek approval from the Commission to list innovative 
products that may still serve investor interests and market efficiency, 
even if they don't meet the proposed standards.
    The Exchange believes the proposed changes to Rule 14.11(e)(4)(B) 
and (C) will remove market impediments and enhance the national market 
system by clarifying the Rule's applicability and providing clear 
definitions.
    The Exchange believes that the eligibility criteria under proposed 
Rule 14.11(e)(4)(D) to list and trade a series of Commodity-Based Trust 
Shares is consistent with the Act. In particular, the criteria under 
proposed Rule 14.11(e)(4)(D)(i)(a) aligns with the requirement under 
Section 6(b)(5) of the Act that requires rules that promote ``just and 
equitable principles of trade'' by ensuring surveillance capabilities 
of the underlying commodity through established ISG relationships. The 
ISG framework has been repeatedly recognized by the Commission as 
providing adequate surveillance for commodity-based products, creating 
regulatory consistency with existing approved ETPs.\23\
---------------------------------------------------------------------------

    \23\ See e.g., Securities Exchange Act Nos. 99306 (January 10, 
2024), 89 FR 3008 (January 17, 2024) (Self-Regulatory Organizations; 
NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, 
Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, 
as Modified by Amendments Thereto, To List and Trade Bitcoin-Based 
Commodity-Based Trust Shares and Trust Units) (the ``Spot Bitcoin 
ETP Approval Order''); 100224 (May 23, 2024), 89 FR 46937 (May 30, 
2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq 
Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting 
Accelerated Approval of Proposed Rule Changes, as Modified by 
Amendments Thereto, To List and Trade Shares of Ether-Based 
Exchange-Traded Products) (the ``Spot ETH ETP Approval Order'').
---------------------------------------------------------------------------

    The six-month trading criteria on Designated Contract Markets 
(``DCMs'') with comprehensive surveillance sharing agreements as 
provided under proposed Rule14.11(e)(4)(D)(i)(b) ensures that there is 
a developed regulated futures market which addresses fraud and 
manipulation.
    The criteria under proposed Rule14.11(e)(4)(D)(i)(c) aligns 
products that may be listed generically under Rule 6c-11 of the 
Investment Company Act of 1940 and Rule 14.11(l) with the generic 
listing requirements for Commodity-Based Trust Shares thereby removing 
impediments to and perfecting the mechanism of a free and open market.
    The requirement that each security held by the Trust meets the 
criteria applicable to Managed Fund Shares,\24\ or if the security is a 
listed option, trades on an ISG market,\25\ is consistent with Section 
6(b)(5) because these provisions prevent fraudulent and manipulative 
acts through substantial market capitalization thresholds, minimum 
trading volume requirements, concentration limits restricting single 
holdings of portfolio weight, and diversification mandates that ensure 
adequate liquidity and prevent over-concentration. The criteria promote 
just and equitable principles of trade by requiring securities to be 
listed on national securities exchanges, qualify as NMS Stocks under 
Regulation NMS, and meet established reporting and transparency 
standards, while fostering cooperation with regulatory entities through 
existing exchange surveillance mechanisms and national market system 
infrastructure. These comprehensive safeguards remove market 
impediments by establishing clear, objective standards that provide 
market certainty while maintaining the market integrity and investor 
protection characteristics mandated by Section 6(b)(5) through proven 
regulatory frameworks adapted to Commodity-Based Trust Shares.
---------------------------------------------------------------------------

    \24\ See Exchange Rules 14.11(i)(4)(C)(i) and (ii).
    \25\ See proposed Exchange Rule 14.11(e)(4)(D)(ii).
---------------------------------------------------------------------------

    Requiring the Trust to publicly disclose this comprehensive 
information under proposed Rule 14.11(e)(4)(E) is consistent with the 
Act by ensuring all market participants have equal access to critical 
information needed for informed investment decisions, including real-
time portfolio composition, NAV calculations, and trading metrics that 
enable investors to assess fair value and market efficiency.
    The Exchange believes proposed Rule 14.11(e)(4)(F) adds clarity to 
the Exchange's Rules by explicitly stating that the Trust may not 
provide investment returns that correspond to inverse or leveraged 
performance of an index, benchmark, or reference value under the 
proposed generic listing standards.
    The liquidity risk policies and procedures requirement under 
proposed Rule 14.11(e)(4)(G) is consistent with the Act because it 
provides information to investors that Trusts with significant illiquid 
holdings maintain comprehensive risk management frameworks relating to 
situations where redemption requests cannot be met without harming 
remaining shareholders, thereby protecting investors from potential 
dilution or unfair treatment that could result from liquidity 
mismatches. The requirement promotes just and equitable principles of 
trade by mandating transparency and systematic assessment of liquidity 
risks, ensuring that all shareholders are treated fairly during 
redemption processes and that the Trust maintains adequate procedures 
to manage both normal and stressed market conditions

[[Page 45081]]

without disadvantaging any particular group of investors. These 
policies and procedures remove impediments to and perfect the mechanism 
of a free and open market by ensuring that ETPs maintain the 
operational integrity necessary for efficient arbitrage mechanisms and 
price discovery, as the requirement for readily available assets (85% 
threshold) and comprehensive liquidity planning aims to provide that 
authorized participants can effectively create and redeem shares to 
keep market prices aligned with Net Asset Value, which is fundamental 
to the proper functioning of exchange-traded products and the fair and 
orderly markets.
    The Exchange believes that proposed Rules 14.11(e)(4)(H) and (I) 
are designed to prevent fraudulent and manipulative acts and practices 
in that the proposed rules relating to listing and trading of 
Commodity-Based Trust Shares provide specific initial and continued 
listing criteria required to be met by such securities. These proposed 
rules are largely the same under existing Commodity-Based Trust Shares 
rules, but the proposed rules add additional clarity and guidance to 
Exchange Rules.
    The Exchange believes proposed Rule 14.11(e)(4)(J) is consistent 
with the Act because it provides the Exchange with discretion as to 
when trading may be halted during the day in which interruption to 
certain information becomes unavailable and specifically provides when 
the Exchange will halt on the day following the interruption if the 
interruption persists. Such halts may be necessary to prevent 
fraudulent and manipulative acts when critical pricing information 
becomes unavailable, ensuring that no market participants can exploit 
informational advantages while others lack access to essential 
valuation data.
    The Exchange believes that removing existing Rules 
14.11(e)(4)(E)(iii), (iv), and (v), which establish continued listing 
standards for trust term, trustee requirements, and voting rights, 
aligns with the Act because these provisions are either inapplicable 
under the proposed rules or adequately addressed elsewhere. Trustee 
requirements may no longer be relevant since Commodity-Based Trust 
Shares can be issued by trusts, limited liability companies, or other 
similar entities. The term requirement is redundant because trust 
termination provisions are already comprehensively covered under 
proposed Rule 14.11(e)(4)(I)(x). Similarly, the voting rights provision 
is unnecessary since shareholder rights must be disclosed in the 
applicable trust prospectus pursuant to other securities laws.
    The Exchange considers the proposed amendments to the market maker 
accounts requirement under proposed Rule 14.11(e)(4)(L) to be 
reasonable and consistent with existing regulatory frameworks. Current 
Rule 14.11(e)(4)(G) establishes a comprehensive disclosure obligation 
requiring Market Makers to maintain and file updated lists of all 
accounts used for trading underlying commodities, related commodity 
futures, options on commodity futures, and other related commodity 
derivatives over which they maintain trading authority or investment 
discretion. The proposed amendments clarify these requirements to align 
with other proposed changes.
    The Exchange believes the proposal to adopt firewall requirements 
for Commodity-Based Trust Shares, as provided under proposed Rule 
14.11(e)(4)(M), are designed to prevent fraudulent and manipulative 
acts and practices, promote just and equitable principles of trade, and 
to protect investors and the public interest. The firewall requirements 
establish structural barriers against the use and dissemination of 
material, non-public information which could be used to manipulate a 
series of Commodity-Based Trust Shares. The consistency of the proposed 
firewall requirements with existing ETF Share firewall requirements 
promotes consistent and equitable standards across similar investment 
products.\26\
---------------------------------------------------------------------------

    \26\ See Exchange Rule 14.11(l)(4)(a)(ii) and (iii).
---------------------------------------------------------------------------

    The Exchange believes that deleting existing Interpretation and 
Policy .01 to Rule 14.11(e)(4) is necessary to align the rule text with 
the comprehensive structural changes proposed throughout the regulatory 
framework. The current interpretation reflects an outdated paradigm 
that narrowly characterizes Commodity-Based Trust Shares as Trust 
Issued Receipts backed exclusively by specified commodities held in 
deposit, which conflicts with the expanded definitional scope 
established under proposed Rule 14.11(e)(4)(C)(i). The proposed rule 
recognizes that Commodity-Based Trust Shares may be issued by diverse 
entity structures including trusts, limited liability companies, or 
other similar vehicles, and acknowledges that these entities may hold 
diversified portfolios encompassing multiple commodities, Commodity-
Based Assets, securities, cash, and Cash Equivalents rather than single 
commodity deposits. The proposed replacement of Interpretation and 
Policy .01 strengthens the regulatory framework by requiring issuers of 
Commodity-Based Trust to notify the Exchange of any failure to comply 
with the continued listing requirements.
    The proposed rule change is designed to perfect the mechanism of a 
free and open market and, in general, to protect investors and the 
public interest in that it will facilitate the listing and trading of 
Commodity-Based Trust Shares in a manner that will enhance competition 
among market participants, to the benefit of investors and the 
marketplace. The Exchange believes that approval of this proposal will 
streamline current procedures, reduce the costs and timeline associated 
with bringing Commodity-Based Trust Shares to market, and provide 
significantly greater regulatory certainty to potential issuers 
considering bringing Commodity-Based Trust Shares to market, thereby 
enhancing competition among Commodity-Based Trust Shares issuers and 
reducing costs for investors
    For the above reasons, the Exchange believes that the proposed rule 
change is consistent with the requirements of Section 6(b)(5) of the 
Act.

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 competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. To the contrary, the 
Exchange believes that the proposed rule change would enhance 
competition by streamlining current procedures, reducing the costs and 
timeline associated with bringing Commodity-Based Trust Shares to 
market, and providing significantly greater regulatory certainty to 
potential issuers considering bringing Commodity-Based Trust Shares to 
market, all of which the Exchange believes would enhance competition 
among Commodity-Based Trust Shares issuers and reduce costs for 
investors. The Exchange also believes that the proposed change would 
enhance competition among Commodity-Based Trust Shares by ensuring the 
application of uniform listing standards.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received written comment letters 
on this proposal.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule

[[Page 45082]]

change, as modified by Amendment No. 3, is consistent with the Act. 
Comments may be submitted by any of the following methods:

Electronic Comments

    <bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#82f0f7eee7afe1edefefe7ecf6f1c2f1e7e1ace5edf4"><span class="__cf_email__" data-cfemail="96e4e3faf3bbf5f9fbfbf3f8e2e5d6e5f3f5b8f1f9e0">[email&#160;protected]</span></a>. Please include 
file number SR-CboeBZX-2025-104 on the subject line.

Paper Comments

    <bullet> 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-CboeBZX-2025-104. 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 (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). 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-CboeBZX-2025-104 and should be submitted 
on or before October 9, 2025.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-18038 Filed 9-17-25; 8:45 am]
BILLING CODE 8011-01-P


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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.