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###### Securities and Exchange Commission

          - [Release No. 34-99279; File No. SR-NYSEARCA-2023-37]

                    On May 23, 2023, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) [1]                                          and Rule 19b-4 thereunder,[2]                                          a proposed rule change to list and trade shares of the COtwo Advisors Physical European Carbon Allowance Trust under NYSE Arca Rule 8.201-E (Commodity-Based                           ( print page 1973)                        Trust Shares). The proposed rule change was published for comment in the                     **Federal Register**                     on June 12, 2023.[3] 

                    On July 25, 2023, pursuant to Section 19(b)(2) of the Act,[4]                                          the Commission designated a longer period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to disapprove the proposed rule change.[5]                                          On September 6, 2023, the Commission instituted proceedings pursuant to Section 19(b)(2)(B) of the Act [6]                                          to determine whether to approve or disapprove the proposed rule change.[7]                                          On September 29, 2023, the Exchange submitted Amendment No. 1 to the proposed rule change, and on October 20, 2023, the Exchange withdrew Amendment No. 1. On November 27, the Commission designated a longer period for Commission action on the proposed rule change.[8]                                          The Commission has not received any comment letters on the proposal. On December 26, 2023, the Exchange withdrew the proposed rule change (SR-NYSEARCA-2023-37).                

                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[9] 

Christina Z. Milnor,

Assistant Secretary.

# Footnotes

1.                             15 U.S.C. 78s(b)(1).                    
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2.                             17 CFR 240.19b-4.                    
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3.                                                     *See*                         Securities Exchange Act Release No. 97653 (June 6, 2023), 88 FR 38110.                    
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4.                             15 U.S.C. 78s(b)(2).                    
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5.                                                     *See*                         Securities Exchange Act Release No. 97972, 88 FR 49508 (July 31, 2023).                    
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6.                             15 U.S.C. 78s(b)(2)(B).                    
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7.                                                     *See*                         Securities Exchange Act Release No. 98302, 88 FR 62608 (September 12, 2023).                    
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8.                                                     *See*                         Securities Exchange Act Release No. 99019, 88 FR 84007 (December 1, 2023).                    
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9.                                 17 CFR 200.30-3(a)(12).                        
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[FR Doc. 2024-00384 Filed 1-10-24; 8:45 am]

BILLING CODE 8011-01-P