Notice2026-00294

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendment No. 2, To List and Trade Shares of the Canary PENGU ETF Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares

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
January 12, 2026

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Notices]
[Page 1221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00294]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-104553; File No. SR-CboeBZX-2025-081]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Designation of a Longer Period for Commission Action on Proceedings To 
Determine Whether To Approve or Disapprove a Proposed Rule Change, as 
Modified by Amendment No. 2, To List and Trade Shares of the Canary 
PENGU ETF Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares

January 7, 2026.
    On June 25, 2025, Cboe BZX Exchange, Inc. (``BZX'' 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 of the Canary PENGU ETF under BZX Rule 
14.11(e)(4), Commodity-Based Trust Shares. On July 7, 2025, the 
Exchange filed Amendment No. 1 to the proposed rule change, which 
replaced and superseded the original filing in its entirety. On July 8, 
2025, the Exchange filed Amendment No. 2 to the proposed rule change, 
which replaced and superseded the proposed rule change, as modified by 
Amendment No. 1, in its entirety. The proposed rule change, as modified 
by Amendment No. 2, was published for comment in the Federal Register 
on July 14, 2025.\3\
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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. 103408 (July 9, 
2025), 90 FR 31542. The Commission has received no comment letters 
on the proposed rule change.
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    On August 25, 2025, 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, as modified by Amendment No. 2.\5\ On September 25, 2025, the 
Commission initiated proceedings under Section 19(b)(2)(B) of the Act 
\6\ to determine whether to approve or disapprove the proposed rule 
change, as modified by Amendment No. 2.\7\
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 103773, 90 FR 42051 
(Aug. 28, 2025). The Commission designated Oct. 12, 2025, as the 
date by which the Commission shall approve, disapprove, or institute 
proceedings to determine whether to disapprove the proposed rule 
change, as modified by Amendment No. 2.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 104070, 90 FR 46974 
(Sept. 30, 2025).
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    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, as modified by Amendment No. 2, was published for comment in 
the Federal Register on July 14, 2025.\9\ The 180th day after 
publication of the proposed rule change, as modified by Amendment No. 
2, is January 10, 2026. The Commission is extending the time period for 
approving or disapproving the proposed rule change, as modified by 
Amendment No. 2, for an additional 60 days.
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    \8\ 15 U.S.C. 78s(b)(2).
    \9\ See supra note 3 and accompanying text.
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    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 
March 11, 2026, as the date by which the Commission shall either 
approve or disapprove the proposed rule change, as modified by 
Amendment No. 2 (File No. SR-CboeBZX-2025-081).
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    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(57).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-00294 Filed 1-9-26; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on January 12, 2026.

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