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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
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 self-regulatory organization.
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.

jspears on DSK121TN23PROD with NOTICES1

V. Date of Timing for Commission Action Section 806e1G of the Clearing Supervision Act provides that OCC may implement the changes if it has not received an objection to the proposed changes within 60 days of the later of i the date that the Commission receives the Advance Notice or ii the date that any additional information requested by the Commission is received,78 unless extended as described below.
Pursuant to Section 806e1H of the Clearing Supervision Act, the Commission may extend the review period of an advance notice for an additional 60 days, if the changes proposed in the advance notice raise novel or complex issues, subject to the Commission providing the clearing agency with prompt written notice of the extension.79
Here, as the Commission has not requested any additional information, the date that is 60 days after OCC filed the Advance Notice with the Commission is December 7, 2021.
However, the Commission finds the issues raised by the Advance Notice complex because OCC proposes to migrate its clearing, risk management, and data management applications to a cloud infrastructure with an on-demand network of configurable information technology resources running on virtual infrastructure hosted by a third party.
The Commission also finds the issues raised by the Advance Notice novel because the proposed migration of a covered clearing agencys clearing, risk management, and data management applications to a third-party-hosted cloud infrastructure represents a novel circumstance in the U.S. markets that would require careful scrutiny and consideration of its associated risks.
Therefore, the Commission finds it appropriate to extend the review period of the Advance Notice for an additional 78 12
79 12

U.S.C. 5465e1G.
U.S.C. 5465e1H.

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60 days under Section 806e1H of the Clearing Supervision Act.80
Accordingly, the Commission, pursuant to Section 806e1H of the Clearing Supervision Act,81 extends the review period for an additional 60 days so that the Commission shall have until February 5, 2022 to issue an objection or non-objection to advance notice SR
OCC2021802.
All submissions should refer to File Number SROCC2021802 and should be submitted on or before November 23, 2021.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.82
J. Matthew DeLesDernier, Assistant Secretary.
FR Doc. 202123816 Filed 11121; 8:45 am BILLING CODE 801101P

SECURITIES AND EXCHANGE
COMMISSION
Release No. 3493434; File No. SR
NYSEArca202165

Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To List and Trade Shares of the Sprott ESG Gold ETF Under NYSE Arca Rule 8.201E CommodityBased Trust Shares October 27, 2021.

I. Introduction On July 19, 2021, NYSE Arca, Inc.
NYSE Arca or Exchange filed with the Securities and Exchange Commission Commission, pursuant to Section 19b1 of the Securities Exchange Act of 1934 Act or Exchange Act 1 and Rule 19b4
thereunder,2 a proposed rule change to list and trade shares Shares of the Sprott ESG Gold ETF Trust under NYSE Arca Rule 8.201E CommodityBased Trust Shares. The proposed rule change was published for comment in the Federal Register on July 30, 2021.3
On September 2, 2021, pursuant to Section 19b2 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 80 Id.
81 Id.
82 17

CFR 200.303a91.
U.S.C. 78sb1.
2 17 CFR 240.19b4.
3 See Securities Exchange Act Release No. 92506
July 26, 2021, 86 FR 41109.
4 15 U.S.C. 78sb2.
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determine whether to approve or disapprove the proposed rule change.5
The Commission has received no comments on the proposed rule change.
The Commission is publishing this order to institute proceedings pursuant to Section 19b2B of the Act 6 to determine whether to approve or disapprove the proposed rule change.
II. Description of the Proposed Rule Change 7
The Exchange proposes to list and trade Shares of the Trust 8 under NYSE
Arca Rule 8.201E, which governs the listing and trading of Commodity-Based Trust Shares 9 on the Exchange. The Sponsor of the Trust is Sprott Asset Management LP, a Canadian limited partnership Sponsor. The Bank of New York Mellon serves as the Trusts administrator Administrator and transfer agent Transfer Agent. The Delaware Trust Company is the trustee of the Trust Trustee.10 The Royal Canadian Mint is the custodian of the Trusts gold Gold Custodian or Mint.11 The Bank of New York 5 See Securities Exchange Act Release No. 92867, 86 FR 50568 September 9, 2021. The Commission designated October 28, 2021, 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. 78sb2B.
7 Additional information regarding the Trust and the Shares, including investment strategies, creation and redemption procedures, and portfolio holdings can be found in the Notice, supra note 3.
8 On February 11, 2021, the Trust submitted to the Commission on a confidential basis its draft registration statement on Form S1 under the Securities Act of 1933, and on July 1, 2021, the Trust submitted to the Commission the most recent amendment to its draft registration statement collectively, the Registration Statement. The Registration Statement is not yet effective, and the Exchange will not commence trading in Shares until the Registration Statement becomes effective.
9 Commodity-Based Trust Shares are securities issued by a trust that represent investors discrete identifiable and undivided beneficial ownership interest in the commodities deposited into the Trust. The Exchange represents that the Shares will satisfy the requirements of NYSE Arca Rule 8.201
E and thereby qualify for listing on the Exchange and that the Trust relies on the exemption contained in Rule 10A3c7 regarding the application of Rule 10A3 17 CFR 240.10A3
under the Act.
10 The Trustee is a fiduciary under the Trust Agreement and must satisfy the requirements of Section 3807 of the Delaware Statutory Trust Act.
However, the fiduciary duties, responsibilities and liabilities of the Trustee are limited by, and are only those specifically set forth in, the Trust Agreement.
The Trust does not have a Board of Directors or persons acting in a similar capacity.
11 The Mint operates pursuant to the Royal Canadian Mint Act Canada and is a Canadian Crown corporation. Crown corporations are corporations wholly-owned by the Government of Canada. The Mint is, for all its purposes, an agent of Her Majesty in right of Canada and, as such, its obligations generally constitute unconditional obligations of the Government of Canada. The Gold Custodian is responsible for safekeeping the gold
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