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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices
proposing substantially similar rule filings. Therefore, this is not a competitive rule filing, and, therefore, it does not impose a burden on competition.
Furthermore, IEX notes that FINRA
undertook an economic impact assessment of the potential costs and benefits associated with OATS
retirement and determined that CAT
meets or exceeds the OATS standards.
C. Self-Regulatory Organizations Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section 19b3Aiii of the Act 42 and Rule 19b4f6 thereunder.43 Because the proposed rule change does not: i Significantly affect the protection of investors or the public interest; ii impose any significant burden on competition; and iii become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19b3A
of the Act 44 and Rule 19b4f6iii thereunder.45
A proposed rule change filed under Rule 19b4f6 46 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b4f6iii,47 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative by September 1, 2021, the first day on which FINRA will no longer accept OATS data unless FINRA
delays the OATS retirement past that 42 15

U.S.C. 78sb3Aiii.
CFR 240.19b4f6.
44 15 U.S.C. 78sb3A.
45 17 CFR 240.19b4f6. In addition, Rule 19b 4f6iii requires the Exchange to give the Commission written notice of the Exchanges intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.
46 17 CFR 240.19b4f6.
47 17 CFR 240.19b4f6iii.

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date. 48 As discussed above, IEX
believes that it is appropriate for FINRA
to retire OATS as of September 1, 2021.
IEX states that the use of CAT Data, whether by IEX directly, or by FINRA
pursuant to IEXs RSA with FINRA, will continue to allow for accurate and effective surveillance of market activity on IEX. In addition, August 31, 2021, will be the last OATS Business Day, as defined under FINRA Rule 7450b3, and reports submitted to OATS for order events that occur after August 31, 2021, will be rejected. The Commission believes that it is consistent with the protection of investors and the public interest for IEX
to delete its OATS reporting rules at the same time that FINRA retires OATS.
Accordingly, the Commission hereby waives the 30-day operative delay and designates the proposal operative on September 1, 2021.49
At any time within 60 days of the filing of this proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commissions 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 Commissions 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 will also be available for inspection and copying at the IEXs principal office and on its internet website at www.iextrading.com. All comments received will be posted without change. 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 Number SRIEX
202110, and should be submitted on or before September 30, 2021.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.50
J. Matthew DeLesDernier, Assistant Secretary.
FR Doc. 202119422 Filed 9821; 8:45 am
Electronic Comments Use the Commissions internet comment form http www.sec.gov/
rules/sro.shtml; or Send an email to rule-comments@
sec.gov. Please include File Number SR
IEX202110 on the subject line.

BILLING CODE 801101P

Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 205491090.
All submissions should refer to File Number SRIEX202110. This file number should be included on the subject line if email is used. To help the
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To List and Trade Shares of the Sprott ESG
Gold ETF Under NYSE Arca Rule 8.201E Commodity-Based Trust Shares
48 See
supra note 40.
49 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rules impact on efficiency, competition, and capital formation. See 15 U.S.C. 78cf.

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SECURITIES AND EXCHANGE
COMMISSION
Release No. 3492867; File No. SR
NYSEArca202165

September 2, 2021.

On July 19, 2021, NYSE Arca, Inc.
NYSE Arca filed with the Securities and Exchange Commission 50 17

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CFR 200.303a12.

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