83_FR_15494 83 FR 15425 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade the Shares of the GraniteShares Bitcoin ETF and the GraniteShares Short Bitcoin ETF Under BZX Rule 14.11(f)(4), Trust Issued Receipts

83 FR 15425 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade the Shares of the GraniteShares Bitcoin ETF and the GraniteShares Short Bitcoin ETF Under BZX Rule 14.11(f)(4), Trust Issued Receipts

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 69 (April 10, 2018)

Page Range15425-15427
FR Document2018-07263

Federal Register, Volume 83 Issue 69 (Tuesday, April 10, 2018)
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15425-15427]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07263]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82995; File No. SR-CboeBZX-2018-001]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order 
Instituting Proceedings To Determine Whether To Approve or Disapprove a 
Proposed Rule Change To List and Trade the Shares of the GraniteShares 
Bitcoin ETF and the GraniteShares Short Bitcoin ETF Under BZX Rule 
14.11(f)(4), Trust Issued Receipts

April 5, 2018.
    On January 5, 2018, 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 the shares (``Shares'') of the 
GraniteShares Bitcoin ETF (``Long Fund'') and the GraniteShares Short 
Bitcoin ETF (``Short Fund'') (each a ``Fund'' and, collectively, 
``Funds'') issued by the GraniteShares ETP Trust (``Trust'') under BZX 
Rule 14.11(f)(4). The proposed rule change was published for comment in 
the Federal Register on January 18, 2018.\3\ On February 22, 2018, 
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 approve or disapprove the proposed rule change.\5\ 
The Commission has received no comment letters on the proposed rule 
change. This order institutes proceedings under Section 19(b)(2)(B) of 
the Act \6\ to determine whether to approve or disapprove the proposed 
rule change.
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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. 82484 (Jan. 11, 
2018), 83 FR 2704 (Jan. 18, 2018) (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 82759 (Feb. 22, 
2018), 83 FR 8719 (Feb. 28, 2018). The Commission designated April 
18, 2018 as the date by which the Commission shall approve or 
disapprove, or institute proceedings to determine whether to approve 
or disapprove, the proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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I. Summary of the Proposal \7\
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    \7\ The Commission notes that additional information regarding 
the Trust, the Shares, and the Funds, including investment 
strategies, calculation of net asset value (``NAV'') and indicative 
fund value, creation and redemption procedures, and additional 
background information about bitcoin, the bitcoin network, and 
bitcoin futures contracts, among other things, can be found in the 
Notice (see supra note 3) and the registration statement filed with 
the Commission on Form S-1 (File No. 333-222109) under the 
Securities Act of 1933, as applicable.
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    The Exchange proposes to list and trade the Shares under BZX Rule 
14.11(f)(4), which governs the listing and trading of Trust Issued 
Receipts on the Exchange.\8\ Each Fund will be a series of the Trust, 
and the Trust and the Funds will be managed and controlled by 
GraniteShares Advisors LLC (``Sponsor''). Bank of New York Mellon will 
serve as administrator, custodian, and transfer agent for the Funds. 
Foreside Fund Services, LLC will serve as the distributor of the Shares 
(``Distributor''). The Trust will offer Shares of the Funds for sale 
through the Distributor in ``Creation Units'' in transactions with 
``Authorized Participants'' who have entered into agreements with the 
Distributor.\9\
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    \8\ Rule 14.11(f)(4) applies to Trust Issued Receipts that 
invest in ``Financial Instruments.'' The term ``Financial 
Instruments,'' as defined in Rule 14.11(f)(4)(A)(iv), means any 
combination of investments, including cash; securities; options on 
securities and indices; futures contracts; options on futures 
contracts; forward contracts; equity caps, collars, and floors; and 
swap agreements.
    \9\ See Notice, supra note 3, at 2707.
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    According to the Exchange, the Long Fund's investment objective 
will be to seek results (before fees and expenses) that, both for a 
single day and over time, correspond to the performance of lead month 
bitcoin futures contracts listed and traded on the Cboe Futures 
Exchange, Inc. (``Benchmark Futures Contract''). Conversely, the Short 
Fund's investment objective will be to seek results (before fees and 
expenses) that, on a daily basis, correspond to the inverse (-1x) of 
the daily performance of the Benchmark Futures Contracts for a single 
day. Each Fund generally intends to invest substantially all of its 
assets in the Benchmark Futures Contracts and cash and cash equivalents 
(which would be used to collateralize the Benchmark Futures Contracts), 
but may invest in other U.S. exchange listed bitcoin futures contracts, 
as available (together with Benchmark Futures

[[Page 15426]]

Contracts, collectively, ``Bitcoin Futures Contracts'').\10\
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    \10\ See Notice, supra note 3, at 2705-2706.
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    Further, the Exchange states that, in the event that position, 
price, or accountability limits are reached with respect to Bitcoin 
Futures Contracts, each Fund may invest in U.S. listed swaps on bitcoin 
or the Benchmark Futures Contracts (``Listed Bitcoin Swaps''). In the 
event that position, price, or accountability limits are reached with 
respect to Listed Bitcoin Swaps, each Fund may invest in over-the-
counter swaps on bitcoin or the Benchmark Futures Contracts (``OTC 
Bitcoin Swaps,'' and together with Listed Bitcoin Swaps, collectively, 
``Bitcoin Swaps'').\11\
---------------------------------------------------------------------------

    \11\ See id. at 2706.
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II. Proceedings To Determine Whether To Approve or Disapprove SR-
CboeBZX-2018-001 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section 
19(b)(2)(B) of the Act \12\ to determine whether the proposed rule 
change should be approved or disapproved. Institution of such 
proceedings is appropriate at this time in view of the legal and policy 
issues raised by the proposed rule change. Institution of proceedings 
does not indicate that the Commission has reached any conclusions with 
respect to any of the issues involved. Rather, as described below, the 
Commission seeks and encourages interested persons to provide comments 
on the proposed rule change.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\13\ the Commission is 
providing notice of the grounds for disapproval under consideration. 
The Commission is instituting proceedings to allow for additional 
analysis of the proposed rule change's consistency with Section 6(b)(5) 
of the Act, which requires, among other things, that the rules of a 
national securities exchange be ``designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade,'' and ``to protect investors and the public 
interest.'' \14\
---------------------------------------------------------------------------

    \13\ Id.
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written 
submissions of their views, data, and arguments with respect to the 
issues identified above, as well as any other concerns they may have 
with the proposal. In particular, the Commission invites the written 
views of interested persons concerning whether the proposal is 
consistent with Section 6(b)(5) or any other provision of the Act, or 
the rules and regulations thereunder. Although there do not appear to 
be any issues relevant to approval or disapproval that would be 
facilitated by an oral presentation of views, data, and arguments, the 
Commission will consider, pursuant to Rule 19b-4, any request for an 
opportunity to make an oral presentation.\15\
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    \15\ Section 19(b)(2) of the Act, as amended by the Securities 
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the 
Commission flexibility to determine what type of proceeding--either 
oral or notice and opportunity for written comments--is appropriate 
for consideration of a particular proposal by a self-regulatory 
organization. See Securities Act Amendments of 1975, Senate Comm. on 
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st 
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and 
arguments regarding whether the proposal should be approved or 
disapproved by May 1, 2018. Any person who wishes to file a rebuttal to 
any other person's submission must file that rebuttal by May 15, 2018. 
The Commission asks that commenters address the sufficiency of the 
Exchange's statements in support of the proposal, which are set forth 
in the Notice,\16\ in addition to any other comments they may wish to 
submit about the proposed rule change. In particular, the Commission 
seeks comment on the following:
---------------------------------------------------------------------------

    \16\ See supra note 3.
---------------------------------------------------------------------------

    1. In its proposal, the Exchange states that each Fund, in the 
event that position, price, or accountability limits are reached with 
respect to Bitcoin Futures Contracts, may also invest in Listed Bitcoin 
Swaps. What are commenters' views on the current availability of Listed 
Bitcoin Swaps for trading? What are commenters' views on the ability of 
the Funds to invest in Listed Bitcoin Swaps in the event that position, 
price, or accountability limits are reached with respect to Bitcoin 
Futures Contracts?
    2. In its proposal, the Exchange states that each Fund, in the 
event that position, price, or accountability limits are reached with 
respect to Listed Bitcoin Swaps, may also invest in OTC Bitcoin Swaps. 
What are commenters' views on the current availability of OTC Bitcoin 
Swaps for trading? What are commenters' views on the ability of the 
Funds to invest in OTC Bitcoin Swaps in the event that position, price, 
or accountability limits are reached with respect to Listed Bitcoin 
Swaps?
    3. What are commenters' views on whether the Funds would have the 
information necessary to adequately value, including fair value, the 
Bitcoin Futures Contracts and the Bitcoin Swaps when determining an 
appropriate end-of-day NAV for the Funds, taking into account any 
volatility, fragmentation, or general lack of regulation of the 
underlying bitcoin markets?
    4. What are commenters' views on the potential impact of 
manipulation in the underlying bitcoin markets on the Funds' NAV? What 
are commenters' views on the potential effect of such manipulation on 
the valuation of a Fund's Bitcoin Futures Contracts? What are 
commenters' views on the potential effect of such manipulation on the 
pricing of a Fund's Bitcoin Swaps?
    5. What are commenters' views on how the Funds' valuation policies 
would address the potential for the bitcoin blockchain to diverge into 
different paths (i.e., a ``fork'')?
    6. What are commenters' views on the price differentials and 
trading volumes across bitcoin trading platforms (including during 
periods of market stress) and on the extent to which these differing 
prices may affect the trading of the Bitcoin Futures Contracts and, 
accordingly, trading in the Shares of the Funds?
    7. What are commenters' views on how the substantial margin 
requirements for Bitcoin Futures Contracts, and the nature of liquidity 
and volatility in the market for Bitcoin Futures Contracts, might 
affect the Trust's ability to meet redemption orders? What are 
commenters' views on whether and how the margin requirements for 
Bitcoin Futures Contracts, and the nature of liquidity and volatility 
in the market for Bitcoin Futures Contracts, might affect a Fund's use 
of available cash to achieve its investment strategy?
    8. What are commenters' views on the possibility that the Funds--
along with other exchange-traded products with similar investment 
objectives--could acquire a substantial portion of the market for 
Bitcoin Futures Contracts or the Bitcoin Swaps? What are commenters' 
views on whether such a concentration of holdings could affect the 
Funds' portfolio management, the liquidity of the Funds' respective 
portfolios, or the pricing of the Bitcoin Futures Contracts or the 
Bitcoin Swaps? What are commenters' views on the Exchange's 
representation that it expects significant liquidity to exist in

[[Page 15427]]

the market for Bitcoin Futures Contracts?
    9. What are commenters' views on possible factors that might impair 
the ability of the arbitrage mechanism to keep the trading price of the 
Shares tied to the NAV of each Fund? With respect to the market for 
Bitcoin Futures Contracts, what are commenters' views on the potential 
impact on the arbitrage mechanism of the price volatility and the 
potential for trading halts? What are commenters' views on whether or 
how these potential impairments of the arbitrage mechanism may affect 
the Funds' ability to ensure adequate participation by Authorized 
Participants? What are commenters' views on the potential effects on 
investors if the arbitrage mechanism is impaired?
    10. What are commenters' views on the risks of price manipulation 
and fraud in the underlying bitcoin trading platforms and how these 
risks might affect the Bitcoin Futures Contracts market or the Bitcoin 
Swaps? What are commenters' views on how these risks might affect 
trading in the Shares of the Funds?
    11. What are commenters' views on how an investor may evaluate the 
price of the Shares in light of the risk of potential price 
manipulation and fraud in the underlying bitcoin trading platforms and 
in light of the potentially significant spread between the price of the 
Bitcoin Futures Contracts or the Bitcoin Swaps and the spot price of 
bitcoin?
    12. What are commenters' views on whether the two bitcoin futures 
exchanges represent a significant market, i.e., a market of significant 
size?
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-CboeBZX-2018-001 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 No. SR-CboeBZX-2018-001. The 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 (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File No. SR-CboeBZX-2018-001 and should be submitted by 
May 1, 2018. Rebuttal comments should be submitted by May 15, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07263 Filed 4-9-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices                                                     15425

                                               views to the Department of State, the                     5. The Secretary shall arrange for                  19(b)(2)(B) of the Act 6 to determine
                                               Commission establishes July 3, 2018, as                 publication of this order in the Federal              whether to approve or disapprove the
                                               the deadline for submission of                          Register.                                             proposed rule change.
                                               comments on the principles that should                    By the Commission.
                                               guide development of its views, as well                                                                       I. Summary of the Proposal 7
                                                                                                       Stacy L. Ruble,
                                               as those on the consistency of proposals                                                                         The Exchange proposes to list and
                                                                                                       Secretary.
                                               subject to subchapter I of chapter 36                                                                         trade the Shares under BZX Rule
                                                                                                       [FR Doc. 2018–07340 Filed 4–9–18; 8:45 am]
                                               with the standards and criteria of 39
                                                                                                       BILLING CODE 7710–FW–P                                14.11(f)(4), which governs the listing
                                               U.S.C. 3622. Comments are to be
                                                                                                                                                             and trading of Trust Issued Receipts on
                                               submitted in the above captioned docket
                                                                                                                                                             the Exchange.8 Each Fund will be a
                                               via the Commission’s website at http://
                                               www.prc.gov unless a request for waiver                 SECURITIES AND EXCHANGE                               series of the Trust, and the Trust and the
                                               is approved. For assistance with filing,                COMMISSION                                            Funds will be managed and controlled
                                               contact the Commission’s docket section                                                                       by GraniteShares Advisors LLC
                                               at 202–789–6846 or dockets@prc.gov.                     [Release No. 34–82995; File No. SR–                   (‘‘Sponsor’’). Bank of New York Mellon
                                                                                                       CboeBZX–2018–001]                                     will serve as administrator, custodian,
                                                  Public Representative. Section 505 of
                                               title 39 requires the designation of an                                                                       and transfer agent for the Funds.
                                                                                                       Self-Regulatory Organizations; Cboe                   Foreside Fund Services, LLC will serve
                                               officer of the Commission (public                       BZX Exchange, Inc.; Order Instituting
                                               representative) to represent the interests                                                                    as the distributor of the Shares
                                                                                                       Proceedings To Determine Whether To
                                               of the general public in all public                                                                           (‘‘Distributor’’). The Trust will offer
                                                                                                       Approve or Disapprove a Proposed
                                               proceedings. The Commission                                                                                   Shares of the Funds for sale through the
                                                                                                       Rule Change To List and Trade the
                                               designates Kenneth E. Richardson as                                                                           Distributor in ‘‘Creation Units’’ in
                                                                                                       Shares of the GraniteShares Bitcoin
                                               Public Representative in this                           ETF and the GraniteShares Short                       transactions with ‘‘Authorized
                                               proceeding.                                             Bitcoin ETF Under BZX Rule                            Participants’’ who have entered into
                                                  Availability of documents. Pursuant                  14.11(f)(4), Trust Issued Receipts                    agreements with the Distributor.9
                                               to rule 3017.3(b), the Commission                                                                                According to the Exchange, the Long
                                               directs the Secretary of the Commission                 April 5, 2018.                                        Fund’s investment objective will be to
                                               to arrange for the prompt posting on the                   On January 5, 2018, Cboe BZX                       seek results (before fees and expenses)
                                               Commission’s website of the                             Exchange, Inc. (‘‘BZX’’ or ‘‘Exchange’’)              that, both for a single day and over time,
                                               correspondence identified in this Order.                filed with the Securities and Exchange                correspond to the performance of lead
                                               The Commission will post other                          Commission (‘‘Commission’’), pursuant                 month bitcoin futures contracts listed
                                               documents in this docket when the                       to Section 19(b)(1) of the Securities                 and traded on the Cboe Futures
                                               Commission determines such other                        Exchange Act of 1934 (‘‘Act’’) 1 and Rule             Exchange, Inc. (‘‘Benchmark Futures
                                               documents are applicable and are able                   19b–4 thereunder,2 a proposed rule
                                                                                                                                                             Contract’’). Conversely, the Short Fund’s
                                               to be made publicly available.                          change to list and trade the shares
                                                                                                                                                             investment objective will be to seek
                                                  Federal Register publication. Rule                   (‘‘Shares’’) of the GraniteShares Bitcoin
                                                                                                                                                             results (before fees and expenses) that,
                                               3017.3(c) requires publication in the                   ETF (‘‘Long Fund’’) and the
                                                                                                       GraniteShares Short Bitcoin ETF (‘‘Short              on a daily basis, correspond to the
                                               Federal Register of the notice
                                               establishing a docket authorized under                  Fund’’) (each a ‘‘Fund’’ and,                         inverse (¥1x) of the daily performance
                                               part 3017. 39 CFR 3017.3(c). Pursuant to                collectively, ‘‘Funds’’) issued by the                of the Benchmark Futures Contracts for
                                               this rule, the Commission directs the                   GraniteShares ETP Trust (‘‘Trust’’)                   a single day. Each Fund generally
                                               Secretary of the Commission to arrange                  under BZX Rule 14.11(f)(4). The                       intends to invest substantially all of its
                                               for prompt publication of this Order in                 proposed rule change was published for                assets in the Benchmark Futures
                                               the Federal Register.                                   comment in the Federal Register on                    Contracts and cash and cash equivalents
                                                                                                       January 18, 2018.3 On February 22,                    (which would be used to collateralize
                                               III. Ordering Paragraphs                                                                                      the Benchmark Futures Contracts), but
                                                                                                       2018, pursuant to Section 19(b)(2) of the
                                                 It is ordered:                                        Act,4 the Commission designated a                     may invest in other U.S. exchange listed
                                                 1. The Commission establishes Docket                  longer period within which to approve                 bitcoin futures contracts, as available
                                               No. IM2018–1 for purposes related to                    the proposed rule change, disapprove                  (together with Benchmark Futures
                                               the development of section 407(c)(1)                    the proposed rule change, or institute
                                               views and invites public comments                       proceedings to determine whether to                     6 15  U.S.C. 78s(b)(2)(B).
                                               related to this effort, as described in the             approve or disapprove the proposed                      7 The  Commission notes that additional
                                               body of this Order.                                     rule change.5 The Commission has                      information regarding the Trust, the Shares, and the
                                                                                                                                                             Funds, including investment strategies, calculation
                                                 2. Comments are due no later than                     received no comment letters on the                    of net asset value (‘‘NAV’’) and indicative fund
                                               July 3, 2018.                                           proposed rule change. This order                      value, creation and redemption procedures, and
                                                 3. Pursuant to 39 U.S.C. 505, Kenneth                 institutes proceedings under Section                  additional background information about bitcoin,
                                                                                                                                                             the bitcoin network, and bitcoin futures contracts,
                                               E. Richardson is appointed to serve as                                                                        among other things, can be found in the Notice (see
                                               an officer of the Commission (Public                      1 15  U.S.C. 78s(b)(1).                             supra note 3) and the registration statement filed
                                               Representative) to represent the                          2 17  CFR 240.19b–4.                                with the Commission on Form S–1 (File No. 333–
                                                                                                          3 See Securities Exchange Act Release No. 82484    222109) under the Securities Act of 1933, as
                                               interests of the general public in this
                                                                                                       (Jan. 11, 2018), 83 FR 2704 (Jan. 18, 2018)           applicable.
                                               docket.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       (‘‘Notice’’).                                            8 Rule 14.11(f)(4) applies to Trust Issued Receipts
                                                 4. The Secretary is directed to post the                 4 15 U.S.C. 78s(b)(2).                             that invest in ‘‘Financial Instruments.’’ The term
                                               correspondence referred to in this Order                   5 See Securities Exchange Act Release No. 82759    ‘‘Financial Instruments,’’ as defined in Rule
                                               on the Commission’s website, along                      (Feb. 22, 2018), 83 FR 8719 (Feb. 28, 2018). The      14.11(f)(4)(A)(iv), means any combination of
                                               with other documents that the                           Commission designated April 18, 2018 as the date      investments, including cash; securities; options on
                                                                                                       by which the Commission shall approve or              securities and indices; futures contracts; options on
                                               Commission determines are applicable                    disapprove, or institute proceedings to determine     futures contracts; forward contracts; equity caps,
                                               and are able to be made publicly                        whether to approve or disapprove, the proposed        collars, and floors; and swap agreements.
                                               available.                                              rule change.                                             9 See Notice, supra note 3, at 2707.




                                          VerDate Sep<11>2014   16:56 Apr 09, 2018   Jkt 244001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\10APN1.SGM    10APN1


                                               15426                          Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices

                                               Contracts, collectively, ‘‘Bitcoin Futures              concerns they may have with the                        accountability limits are reached with
                                               Contracts’’).10                                         proposal. In particular, the Commission                respect to Listed Bitcoin Swaps?
                                                  Further, the Exchange states that, in                invites the written views of interested                   3. What are commenters’ views on
                                               the event that position, price, or                      persons concerning whether the                         whether the Funds would have the
                                               accountability limits are reached with                  proposal is consistent with Section                    information necessary to adequately
                                               respect to Bitcoin Futures Contracts,                   6(b)(5) or any other provision of the Act,             value, including fair value, the Bitcoin
                                               each Fund may invest in U.S. listed                     or the rules and regulations thereunder.               Futures Contracts and the Bitcoin
                                               swaps on bitcoin or the Benchmark                       Although there do not appear to be any                 Swaps when determining an
                                               Futures Contracts (‘‘Listed Bitcoin                     issues relevant to approval or                         appropriate end-of-day NAV for the
                                               Swaps’’). In the event that position,                   disapproval that would be facilitated by               Funds, taking into account any
                                               price, or accountability limits are                     an oral presentation of views, data, and               volatility, fragmentation, or general lack
                                               reached with respect to Listed Bitcoin                  arguments, the Commission will                         of regulation of the underlying bitcoin
                                               Swaps, each Fund may invest in over-                    consider, pursuant to Rule 19b–4, any                  markets?
                                               the-counter swaps on bitcoin or the                     request for an opportunity to make an                     4. What are commenters’ views on the
                                               Benchmark Futures Contracts (‘‘OTC                      oral presentation.15                                   potential impact of manipulation in the
                                               Bitcoin Swaps,’’ and together with                         Interested persons are invited to                   underlying bitcoin markets on the
                                               Listed Bitcoin Swaps, collectively,                     submit written data, views, and                        Funds’ NAV? What are commenters’
                                               ‘‘Bitcoin Swaps’’).11                                   arguments regarding whether the                        views on the potential effect of such
                                               II. Proceedings To Determine Whether                    proposal should be approved or                         manipulation on the valuation of a
                                               To Approve or Disapprove SR–                            disapproved by May 1, 2018. Any                        Fund’s Bitcoin Futures Contracts? What
                                               CboeBZX–2018–001 and Grounds for                        person who wishes to file a rebuttal to                are commenters’ views on the potential
                                               Disapproval Under Consideration                         any other person’s submission must file                effect of such manipulation on the
                                                                                                       that rebuttal by May 15, 2018. The                     pricing of a Fund’s Bitcoin Swaps?
                                                  The Commission is instituting                        Commission asks that commenters                           5. What are commenters’ views on
                                               proceedings pursuant to Section                         address the sufficiency of the                         how the Funds’ valuation policies
                                               19(b)(2)(B) of the Act 12 to determine                  Exchange’s statements in support of the                would address the potential for the
                                               whether the proposed rule change                        proposal, which are set forth in the                   bitcoin blockchain to diverge into
                                               should be approved or disapproved.                      Notice,16 in addition to any other                     different paths (i.e., a ‘‘fork’’)?
                                               Institution of such proceedings is                      comments they may wish to submit                          6. What are commenters’ views on the
                                               appropriate at this time in view of the                 about the proposed rule change. In                     price differentials and trading volumes
                                               legal and policy issues raised by the                   particular, the Commission seeks                       across bitcoin trading platforms
                                               proposed rule change. Institution of                    comment on the following:                              (including during periods of market
                                               proceedings does not indicate that the                     1. In its proposal, the Exchange states             stress) and on the extent to which these
                                               Commission has reached any                              that each Fund, in the event that                      differing prices may affect the trading of
                                               conclusions with respect to any of the                  position, price, or accountability limits              the Bitcoin Futures Contracts and,
                                               issues involved. Rather, as described                   are reached with respect to Bitcoin                    accordingly, trading in the Shares of the
                                               below, the Commission seeks and                         Futures Contracts, may also invest in                  Funds?
                                               encourages interested persons to                        Listed Bitcoin Swaps. What are                            7. What are commenters’ views on
                                               provide comments on the proposed rule                   commenters’ views on the current                       how the substantial margin
                                               change.                                                 availability of Listed Bitcoin Swaps for               requirements for Bitcoin Futures
                                                  Pursuant to Section 19(b)(2)(B) of the               trading? What are commenters’ views on                 Contracts, and the nature of liquidity
                                               Act,13 the Commission is providing                      the ability of the Funds to invest in                  and volatility in the market for Bitcoin
                                               notice of the grounds for disapproval                   Listed Bitcoin Swaps in the event that                 Futures Contracts, might affect the
                                               under consideration. The Commission is                  position, price, or accountability limits              Trust’s ability to meet redemption
                                               instituting proceedings to allow for                    are reached with respect to Bitcoin                    orders? What are commenters’ views on
                                               additional analysis of the proposed rule                Futures Contracts?                                     whether and how the margin
                                               change’s consistency with Section                          2. In its proposal, the Exchange states             requirements for Bitcoin Futures
                                               6(b)(5) of the Act, which requires,                     that each Fund, in the event that                      Contracts, and the nature of liquidity
                                               among other things, that the rules of a                 position, price, or accountability limits              and volatility in the market for Bitcoin
                                               national securities exchange be                         are reached with respect to Listed                     Futures Contracts, might affect a Fund’s
                                               ‘‘designed to prevent fraudulent and                    Bitcoin Swaps, may also invest in OTC                  use of available cash to achieve its
                                               manipulative acts and practices, to                     Bitcoin Swaps. What are commenters’                    investment strategy?
                                               promote just and equitable principles of                views on the current availability of OTC                  8. What are commenters’ views on the
                                               trade,’’ and ‘‘to protect investors and the             Bitcoin Swaps for trading? What are                    possibility that the Funds—along with
                                               public interest.’’ 14                                   commenters’ views on the ability of the                other exchange-traded products with
                                               III. Procedure: Request for Written                     Funds to invest in OTC Bitcoin Swaps                   similar investment objectives—could
                                               Comments                                                in the event that position, price, or                  acquire a substantial portion of the
                                                                                                                                                              market for Bitcoin Futures Contracts or
                                                 The Commission requests that
                                                                                                          15 Section 19(b)(2) of the Act, as amended by the   the Bitcoin Swaps? What are
                                               interested persons provide written                      Securities Act Amendments of 1975, Public Law          commenters’ views on whether such a
                                               submissions of their views, data, and                   94–29 (June 4, 1975), grants the Commission            concentration of holdings could affect
                                               arguments with respect to the issues
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                                                                                                       flexibility to determine what type of proceeding—
                                                                                                       either oral or notice and opportunity for written      the Funds’ portfolio management, the
                                               identified above, as well as any other
                                                                                                       comments—is appropriate for consideration of a         liquidity of the Funds’ respective
                                                 10 See Notice, supra note 3, at 2705–2706.
                                                                                                       particular proposal by a self-regulatory               portfolios, or the pricing of the Bitcoin
                                                                                                       organization. See Securities Act Amendments of         Futures Contracts or the Bitcoin Swaps?
                                                 11 See id. at 2706.                                   1975, Senate Comm. on Banking, Housing & Urban
                                                 12 15 U.S.C. 78s(b)(2)(B).
                                                                                                       Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30      What are commenters’ views on the
                                                 13 Id.                                                (1975).                                                Exchange’s representation that it
                                                 14 15 U.S.C. 78f(b)(5).                                  16 See supra note 3.                                expects significant liquidity to exist in


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                                                                              Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices                                                       15427

                                               the market for Bitcoin Futures                          rules/sro.shtml). Copies of the                       The Exchange has designated the
                                               Contracts?                                              submission, all subsequent                            proposed rule change as one
                                                  9. What are commenters’ views on                     amendments, all written statements                    establishing or changing a member due,
                                               possible factors that might impair the                  with respect to the proposed rule                     fee, or other charge imposed by the
                                               ability of the arbitrage mechanism to                   change that are filed with the                        Exchange under Section 19(b)(3)(A)(ii)
                                               keep the trading price of the Shares tied               Commission, and all written                           of the Act 3 and Rule 19b–4(f)(2)
                                               to the NAV of each Fund? With respect                   communications relating to the                        thereunder,4 which renders the
                                               to the market for Bitcoin Futures                       proposed rule change between the                      proposed rule change effective upon
                                               Contracts, what are commenters’ views                   Commission and any person, other than                 filing with the Commission. The
                                               on the potential impact on the arbitrage                those that may be withheld from the                   Commission is publishing this notice to
                                               mechanism of the price volatility and                   public in accordance with the                         solicit comments on the proposed rule
                                               the potential for trading halts? What are               provisions of 5 U.S.C. 552, will be                   change from interested persons.
                                               commenters’ views on whether or how                     available for website viewing and
                                                                                                                                                             I. Self-Regulatory Organization’s
                                               these potential impairments of the                      printing in the Commission’s Public
                                                                                                                                                             Statement of the Terms of Substance of
                                               arbitrage mechanism may affect the                      Reference Room, 100 F Street NE,
                                                                                                                                                             the Proposed Rule Change
                                               Funds’ ability to ensure adequate                       Washington, DC 20549, on official
                                               participation by Authorized                             business days between the hours of                       The Exchange proposes to amend the
                                               Participants? What are commenters’                      10:00 a.m. and 3:00 p.m. Copies of the                Cboe Data Services (‘‘CDS’’) fee
                                               views on the potential effects on                       filing also will be available for                     schedule to establish an optional
                                               investors if the arbitrage mechanism is                 inspection and copying at the principal               Enhanced Controlled Data Distribution
                                               impaired?                                               office of the Exchange. All comments                  Fee to further the distribution of the
                                                  10. What are commenters’ views on                    received will be posted without change.               BBO,5 Book Depth,6 and Complex Order
                                               the risks of price manipulation and                     Persons submitting comments are                       Book 7 (‘‘COB’’) data feeds (collectively,
                                               fraud in the underlying bitcoin trading                 cautioned that we do not redact or edit               ‘‘Cboe Options Data Feeds’’).8
                                               platforms and how these risks might                     personal identifying information from                    The text of the proposed rule
                                               affect the Bitcoin Futures Contracts                    comment submissions. You should                       change is also available on the
                                               market or the Bitcoin Swaps? What are                   submit only information that you wish                 Exchange’s website (http://
                                               commenters’ views on how these risks                    to make available publicly. All                       www.cboe.com/AboutCBOE/CBOELegal
                                               might affect trading in the Shares of the               submissions should refer to File No.                  RegulatoryHome.aspx), at the
                                               Funds?                                                  SR–CboeBZX–2018–001 and should be
                                                                                                                                                               3 15  U.S.C. 78s(b)(3)(A)(ii).
                                                  11. What are commenters’ views on                    submitted by May 1, 2018. Rebuttal                      4 17  CFR 240.19b–4(f)(2).
                                               how an investor may evaluate the price                  comments should be submitted by May                      5 The BBO Data Feed is a real-time data feed that
                                               of the Shares in light of the risk of                   15, 2018.                                             includes the following information: (i) Outstanding
                                               potential price manipulation and fraud                    For the Commission, by the Division of              quotes and standing orders at the best available
                                               in the underlying bitcoin trading                       Trading and Markets, pursuant to delegated            price level on each side of the market; (ii) executed
                                                                                                                                                             trades time, size, and price; (iii) totals of customer
                                               platforms and in light of the potentially               authority.17
                                                                                                                                                             versus non-customer contracts at the best bid and
                                               significant spread between the price of                 Eduardo A. Aleman,                                    offer (‘‘BBO’’); (iv) all-or-none contingency orders
                                               the Bitcoin Futures Contracts or the                    Assistant Secretary.                                  priced better than or equal to the BBO; (v) expected
                                               Bitcoin Swaps and the spot price of                                                                           opening price and expected opening size; (vi) end-
                                                                                                       [FR Doc. 2018–07263 Filed 4–9–18; 8:45 am]            of-day summaries by product, including open, high,
                                               bitcoin?                                                BILLING CODE 8011–01–P                                low, and closing price during the trading session;
                                                  12. What are commenters’ views on                                                                          (vi) recap messages any time there is a change in
                                               whether the two bitcoin futures                                                                               the open, high, low or last sale price of a listed
                                               exchanges represent a significant                                                                             option; (vii) COB information; and (viii) product IDs
                                                                                                       SECURITIES AND EXCHANGE                               and codes for all listed options contracts. The quote
                                               market, i.e., a market of significant size?             COMMISSION                                            and last sale data contained in the BBO data feed
                                                  Comments may be submitted by any                                                                           is identical to the data sent to the Options Price
                                               of the following methods:                               [Release No. 34–82991; File No. SR–CBOE–              Reporting Authority (‘‘OPRA’’) for redistribution to
                                                                                                       2018–026]                                             the public.
                                               Electronic Comments                                                                                              6 The Book Depth Data Feed is a real-time, low

                                                 • Use the Commission’s internet                       Self-Regulatory Organizations; Cboe                   latency data feed that includes all data contained
                                               comment form (http://www.sec.gov/                       Exchange, Inc.; Notice of Filing and                  in the BBO Data Feed described above plus
                                                                                                       Immediate Effectiveness of a Proposed                 outstanding quotes and standing orders up to the
                                               rules/sro.shtml); or                                                                                          first four price levels on each side of the market,
                                                 • Send an email to rule-comments@                     Rule Change Relating to Market Data                   with aggregate size.
                                               sec.gov. Please include File No. SR–                    Fees                                                     7 The COB Data Feed is a real-time data feed that

                                               CboeBZX–2018–001 on the subject line.                                                                         includes data regarding the Exchange’s Complex
                                                                                                       April 4, 2018.                                        Order Book and related complex order information.
                                               Paper Comments                                             Pursuant to Section 19(b)(1) of the                The COB Data Feed contains the following
                                                                                                       Securities Exchange Act of 1934 (the                  information for all Exchange-traded complex order
                                                 • Send paper comments in triplicate                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2                strategies (multi-leg strategies such as spreads,
                                               to Secretary, Securities and Exchange                                                                         straddles and buy-writes): (i) Outstanding quotes
                                                                                                       notice is hereby given that on March 28,              and standing orders on each side of the market with
                                               Commission, 100 F Street NE,                            2018, Cboe Exchange, Inc. (the                        aggregate size, (ii) data with respect to executed
                                               Washington, DC 20549–1090.                              ‘‘Exchange’’ or ‘‘Cboe Options’’) filed               trades (‘‘last sale data’’), and (iii) totals of customer
                                               All submissions should refer to File No.                with the Securities and Exchange                      versus non-customer contracts.
                                                                                                                                                                8 The ECDD Fee is based on The Nasdaq Stock
                                               SR–CboeBZX–2018–001. The file                           Commission (‘‘Commission’’) the
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                                                                                                                                                             Market LLC’s (‘‘Nasdaq’’) Enhanced Display
                                               number should be included on the                        proposed rule change as described in                  Solution fee. See Nasdaq Rule 7026(a). See also
                                               subject line if email is used. To help the              Items I, II and III below, which Items                Securities Exchange Act Release Nos. 66165
                                               Commission process and review your                      have been prepared by the Exchange.                   (January 17, 2012), 77 FR 3313 (January 23, 2012)
                                               comments more efficiently, please use                                                                         (Notice of Filing and Immediate Effectiveness of a
                                                                                                                                                             Proposed Rule Change to Establish an Enhanced
                                               only one method. The Commission will                      17 17 CFR 200.30–3(a)(57).                          Display Distributor Fee); and 73807 (December 10,
                                               post all comments on the Commission’s                     1 15 U.S.C. 78s(b)(1).                              2014), 79 FR 74784 (December 16, 2014) (SR–
                                               internet website (http://www.sec.gov/                     2 17 CFR 240.19b–4.                                 Nasdaq–2014–117).



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Document Created: 2018-04-09 23:52:06
Document Modified: 2018-04-09 23:52:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 15425 

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