Notice2026-01994
Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE Texas, Inc.; Order Granting Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To Adopt Generic Listing Standards for Commodity-Based Trust Shares (Rule 8.201 (Generic))
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
February 2, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
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[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Notices]
[Page 4697]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01994]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-104723; File Nos. SR-NYSE-2025-47; SR-NYSETEX-2025-38]
Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
Texas, Inc.; Order Granting Approval of Proposed Rule Changes, as
Modified by Amendments Thereto, To Adopt Generic Listing Standards for
Commodity-Based Trust Shares (Rule 8.201 (Generic))
January 28, 2026.
I. Introduction
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ each of the New York Stock
Exchange LLC (``NYSE'') and the NYSE Texas, Inc. (``NYSE Texas'', and
together with NYSE, the ``Exchanges'') filed with the Securities and
Exchange Commission (``Commission'') proposed rule changes (referred to
herein as each a ``Proposal'' and together as the ``Proposals'') to
adopt new Rule 8.201 (Generic). Each Proposal was subject to notice and
comment.\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 Nos. 104491 (Dec. 22,
2025), 90 FR 61209; 104490 (Dec. 22, 2025), 90 FR 61175 (together,
``Original Proposals''). On January 20, 2026, the Exchanges amended
the Original Proposals to correct technical errors in the Original
Proposals. Specifically, the Exchanges removed the reference to
``less expenses and other liabilities'' in the description of the
term ``Commodity-Based Trust Shares,'' which is not reflected in the
definition of the same and made other technical changes. See
Amendment No. 1 to Proposed Rule Change to Adopt New Rule 8.201
(Generics) (SR-NYSE-2025-47) available at: <a href="https://www.sec.gov/comments/sr-nyse-2025-47/srnyse202547-694587-2170734.pdf">https://www.sec.gov/comments/sr-nyse-2025-47/srnyse202547-694587-2170734.pdf</a>; Amendment
No. 1 to Proposed Rule Change to Adopt New Rule 8.201 (Generics)
(NYSETEX-2025-38) available at: <a href="https://www.sec.gov/comments/sr-nysetex-2025-38/srnysetex202538-694607-2170774.pdf">https://www.sec.gov/comments/sr-nysetex-2025-38/srnysetex202538-694607-2170774.pdf</a> (together, the
``Amendments No. 1''). Because the changes in Amendments No. 1 to
the Proposals do not materially alter the substance of the Proposals
and are technical in nature, Amendments No. 1 are not subject to
notice and comment. The Commission did not receive any comments on
the Proposals.
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As described in more detail in the Proposals' respective amended
filings, each Proposal seeks to adopt new Rule 8.201 (Generic) to
permit the generic listing and trading of Commodity-Based Trust Shares
that meet the requirements of such rule. This order approves the
Proposals, as modified by Amendments No. 1.
II. Discussion and Commission Findings
After careful review, the Commission finds that the Proposals are
consistent with the Act and the rules and regulations thereunder
applicable to a national securities exchange.\4\ In particular, the
Commission finds that the Proposals, as modified by Amendments No. 1,
are consistent with Section 6(b)(5) of the Act,\5\ which requires,
among other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices and, in general, to
protect investors and the public interest.
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\4\ In approving the Proposals, as modified by Amendments No. 1,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
\5\ 15 U.S.C. 78f(b)(5).
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The Commission notes that the Proposals, as modified by Amendments
No. 1, are substantively identical to the proposals that the Commission
recently approved.\6\ Accordingly, for the reasons discussed in the
CBTS Generics Order, the Commission finds that the Proposals, as
modified by Amendments No. 1, are consistent with Section 6(b)(5) of
the Act \7\ and the rule and regulations thereunder applicable to a
national securities exchange.
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\6\ See Securities Exchange Act Release No. 103995 (Sept. 17,
2025), 90 FR 45414 (Sept. 22, 2025) (``CBTS Generics Order'').
\7\ 15 U.S.C. 78f(b)(5).
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III. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the Proposals (SR-NYSE-2025-47 and SR-NYSETEX-2025-38), as
modified by Amendments No. 1, be, and hereby are, approved.
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\8\ Id.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-01994 Filed 1-30-26; 8:45 am]
BILLING CODE 8011-01-P
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