[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Notices]
[Page 53298-53299]
[DOCID:fr31au10-59]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9195-4; Docket ID No. EPA-HQ-ORD-2010-0709]

A Method to Assess Climate-Relevant Decisions: Application in the
Chesapeake Bay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period.

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SUMMARY: The EPA is announcing a 60-day public comment period for the
draft document titled, ``A Method to Assess Climate-Relevant Decision:
Application in the Chesapeake Bay'' (EPA/600/R-10/096a). The draft
document was prepared by the National Center for Environmental
Assessment (NCEA) within EPA's Office of Research and Development.
    In the 2010 Executive Order (EO) Strategy entitled, Protecting and
Restoring the Chesapeake Bay Watershed, EPA has committed to ``minimize
the vulnerability of the Chesapeake Bay watershed to adverse impacts
from climate change.'' The EO Strategy also commits EPA to ensuring
that ``TMDL allocations account for climate change impacts [by working]
in conjunction with the states to conduct an analysis by 2017 to
consider accounting for uncertainties of climate change in TMDL
allocations.'' To accomplish this, it is necessary to understand the
rates at which conditions are changing and are projected to change in
the future; how various factors, such as land-use changes, interact
with climate change impacts; and the likely consequences for water
quality, habitats, fish and wildlife and communities. This draft report
presents a systematic approach for evaluating these factors and
practices for their relative potential effectiveness in ameliorating
climate changes impacts. The report also includes the results of
applying this approach in a pilot assessment of management practices in
the Chesapeake Bay watershed. The practices evaluated could be used for
both nutrient and sediment reductions, and also to ameliorate the
effects of climate change on water quality that will ultimately inform
the 2017 reassessment for Bay restoration.
    The public comment period and the external peer-review workshop,
which will be scheduled at a later date and announced in the Federal
Register, are separate processes that provide opportunities for all
interested parties to comment on the document. EPA intends to forward
public comments that are submitted in accordance with this notice to
the external peer-review panel prior to the meeting for their
consideration. When finalizing the draft document, EPA intends to
consider any public comments that EPA receives in accordance with this
notice.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This document has not been formally disseminated by EPA. It
does not represent and should not be construed to represent any Agency
policy or determination.

DATES: The 60-day public comment period begins August 31, 2010, and
ends November 1, 2010. Technical comments should be in writing and must
be received by EPA by November 1, 2010.

ADDRESSES: The draft ``A Method To Assess Climate-Relevant Decisions:
Application in the Chesapeake Bay'' is available via the Internet on
the National Center for Environmental Assessment's home page under the
Recent Additions and the Data and Publications menus at http://
www.epa.gov/ncea. A limited number of paper copies are available from
the Information Management Team (IMT), NCEA; telephone:<PHONE_NUMBER>;
facsimile:<PHONE_NUMBER>. If you are requesting a paper copy, please
provide your name, mailing address, and the document title, ``A Method
To Assess Climate-Relevant Decisions: Application in the Chesapeake
Bay.''
    Comments may be submitted electronically via http://
www.regulations.gov, by mail, by facsimile, or by hand delivery/
courier. Please follow the detailed instructions as provided in the
SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the Office of Environmental Information Docket;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>    If you need technical information about the document, please
contact Susan Julius, National Center for Environmental Assessment
(NCEA); telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Summary of Information About the Project/Document

    Climate change is a global phenomenon that is affecting natural and
human systems in all parts of the world. Some of the decisions and
actions taken to manage these systems are likely to be affected by
climate change and may likewise affect the vulnerability of the managed
resource or ecosystem to climate change. The goal of this study is to
formalize an approach to inventory and analyze management decisions in
order to produce useful information targeted toward effective
adaptation to climate change. The approach uses as its starting point
ongoing planning processes and decisions geared toward achieving
environmental management goals, and then collects information on
decisions and prioritizes them according to specific attributes. The
pilot study described in this report applies this approach and examines
its usefulness to decision makers.
    The major steps of the approach are to (1) select a study area and
compile a list of key decisions (2) develop criteria for evaluating the
climate-relevance of decisions; (3) apply the criteria to select
decisions that are potentially sensitive to climate change; (4) solicit
expert judgment regarding those selections (and refine the selections
accordingly); and (5) test alternative weighting schemes for
prioritizing decisions most in need of decision support or additional
research based on the selected attributes.

II. How To Submit Technical Comments to the Docket at
www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD 2010-
0709, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-
566-1752.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, Room 3334 EPA West Building, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    If you provide comments by mail or hand delivery, please submit
three

copies of the comments. For attachments, provide an index, number pages
consecutively with the comments, and submit an unbound original and
three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2010-0709. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at http://
www.regulations.gov, including any personal information provided,
unless a comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: Documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, are publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Headquarters Docket Center.

    Dated: August 25, 2010.
Rebecca Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2010-21696 Filed 8-30-10; 8:45 am]
BILLING CODE 6560-50-P


              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460

                                                                PC Code: 128847
                                                             DP Barcode: 398836

                                                        Date: February 23, 2012

                                                                    MEMORANDUM

SUBJECT:	Revised drinking water exposure assessment of parent difenoconazole and its major metabolite, CGA-205375 (M1) for grape.

TO:	Sidney Jackson, Risk Manager Reviewer
               Barbara Madden, Risk Manager
	Registration Division (7505P)

FROM:	Faruque Khan, Ph.D., Senior Fate Scientist
	Environmental Risk Branch I
	Environmental Fate and Effects Division (7507P)

APPROVED
 BY:	Nancy Andrews, Ph.D., Branch Chief,
	Sujatha Sankula, Ph.D. Lead Biologist
               Environmental Risk Branch I
	Environmental Fate and Effects Division (7507P)

      This memorandum provides a revised drinking water assessment based on a recent recommendation from the Health Effects Division's Residues of Concern Knowledgebase Sub-committee (ROCKS). The ROCKS recommended to include parent difenoconazole and its major metabolite, CGA-205375 (M1) for drinking water assessment to establish tolerances for difenoconazole in support of human health risk assessment (US EPA, 2011a, D391350). Previously recommended Estimated Drinking Water Concentrations (EDWCs) were based on aerial application of difenoconazole (parent only) for grape scenario (USEPA 2009, D361398).  This drinking water assessment was performed using total residue method (i.e. parent plus CGA 205375) for grape following the approach used in a recent drinking water assessment for various crops (US EPA 2011b, DP395784). The EDWCs values for acute (peak), annual mean (chronic) and the highest 30 year annual average (cancer chronic) concentrations were 17.4 ug/L, 11.8 ug/L, and 8.6 ug/L respectively. Since the revised EDWCs for surface water are higher than the previously recommended EDWCs for this chemical, the current EDWCs for surface water supersede the EDWCs previously recommended for this chemical.
      Estimated ground water concentration of 1.12x 10[-2] ug/L for grape is lower than the previously recommended concentration of 1.30x 10[-2] ug/L for citrus (US EPA, 2011b; D395784). Therefore, recommended EDWC for ground water is 1.30x 10[-2] ug/L and this concentration can be considered as both the acute and chronic values.
      . Drinking Water Exposure Modeling

      The EDWCs were generated using EFED's standard suite of models.  Since there is no modification of input parameters for PRZM/EXAMS and SCIGROW models, detailed description of models and inputs parameters can be obtained from the previous assessment (USEPA, 2011b, D395784). However, inputs for PRZM/EXAMS in Table A-1 and for SCIGROW in Table A-2 as well as outputs of PRZM/EXAMS and SCIGROW models for grape scenario were provided in the Appendix A.
	Standard percent cropped areas (PCA) were used for grape as estimates of the extent of watershed on which crops is grown (Effland et al., 1999).  The default agricultural PCA of 0.87 was used for the proposed uses because they are not confined to specific regions of the U.S

                                  References

Effland, W. R., N. C. Thurman, I. Kennedy.  1999.  Proposed Methods for Determining Watershed-derived Percent Crop Areas and Considerations for Applying Crop Area Adjustments to Surface Water Screening Models.  Presentation to the FIFRA Science Advisory Panel, May 27, 1999.  Online at: http://www.epa.gov/scipoly/sap/1999/index.htm

US EPA, 2009a.  Difenoconazole (Parent Only) Drinking Water Assessment in Support of New Use Registration Action for Bulb Vegetables, Brassica (Cole) Leafy Vegetables, Cucurbit Vegetables, Citrus Fruit, Grapes, and Tree Nuts.  May 28, 2009. (D361398)

USEPA.  2009b. Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides, Version 2.1.  U.S. Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, Office of Pesticide Programs, Environmental Fate and Effects Division, October 22, 2009.

USEPA.  2010.  Water Models.  U.S. Environmental Protection Agency, Pesticides: Science and Policy.  Online at: http://www.epa.gov/oppefed1/models/water/

US EPA, 2011a. Difenoconazole:  Report of the Residues of Concern Knowledgebase Sub-committee (ROCKS). DP Code: D391350.

US EPA, 2011b.  Revised drinking water exposure assessment to establish a tolerance of parent difenoconazole and its major CGA-205375 (M1) metabolite on fruiting vegetables group 8-10, low growing berry subgroup, 13-07G except cranberry, citrus fruit group 10-10, pome fruit group, (subgroup 11), and tuberous and corm vegetable (subgroup 1C).  December 20, 2011. (D395784)

                                  APPENDIX A

The input parameters used for PRZM/EXAMS modeling.

Table A-1.  PRZM/EXAMS Chemical Specific Input Parameters for Difenoconazole
Parameter
Input Value and Unit
Source/Comments
Maximum application rate
Grape: 0.46 lbs ai/A

Product Inspire[TM]
(EPA Reg. No.) 100-1262
Maximum number of applications
4
Product Label as above
Method of application (CAM = 2)
Foliar spray -Aerial
Product Label as above
Application date
NY Gape: August 18

Application date was assumed 7-14 days before harvest based on crop profile and label instructions:
Minimum interval between applications
10 days
Product Label as above
Application efficiency
0.95 (aerial Application)
EFED Model Input Guidance, Version 2.1 (2009b) a
Spray drift
0.16 (Aerial Application)
EFED Model Input Guidance, Version 2.1 (2009b)
Partition coefficient Koc[b]
5381 mL/g
MRIDs: 42245135 and 46950121
Henry's Law constant
8.9 x 10-12  atm x m[3]/mol
MRID 46515901
Hydrolysis
Stable
MRID 42245127
Aerobic soil metabolism (t1/2)[c]
489.6 days
MRIDs.: 46950109-12 and 46950114
Aerobic aquatic metabolism (t1/2) d
632.9 days
MRIDs.: 46950116 & 46950117
Anaerobic aquatic metabolism (t1/2) [e]
1485.3 days
MRID 46950119
Aquatic photolysis t1/2 (days)
Stable
MRID 46950105
Vapor pressure
2.5 x 10-10 mm Hg (25 [o]C)
MRID 46515901
Solubility in water
15 mg/L (25 [o]C)
MRID 46515901
Molecular Weight
406.27
MRID 46950104
Percent cropped area
0.87
U.S. EPA 2003
[a] Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides (Version 2.1; Oct. 22, 2009b)
[b] There was a positive correlation between the KF values vs. organic matter content; therefore, the average Koc was used as an parameter.
[c] The 90% of the upper confidence limit (UCL) of the mean metabolism half-life.
[d] The 90% of the UCL of the mean metabolism half-life of all available half-lives but those obtained for high test rate.
[e] At proposed application rate only one half-life was available, the half-life was multiplied by three (i.e., 3 x 495.1 days).

An example (PA Tomato STD) input and output of  PRZM/EXAMS modeling.

stored as NYgrapeA.out
Chemical: Difenconazole
PRZM environment: NYGrapesSTD.txt	modified Tueday, 29 May 2007 at 12:59:44
EXAMS environment: ir298.exv	modified Tueday, 26 August 2008 at 05:14:08
Metfile: w14860.dvf	modified Tueday, 26 August 2008 at 05:15:12
Water segment concentrations (ppb)

Year	Peak	96 hr	21 Day	60 Day	90 Day	Yearly
1961	1.7	1.7	1.4	1.2	1.2	0.5
1962	9.8	9.1	7.3	5.7	5.4	2.7
1963	6.3	6.2	5.7	5.1	4.9	4.4
1964	10.3	9.8	8.9	7.5	7.0	5.5
1965	8.8	8.6	7.9	7.4	7.3	6.4
1966	11.7	11.2	10.1	8.8	8.4	7.3
1967	10.6	10.2	9.3	8.9	8.9	8.0
1968	9.2	9.0	8.7	8.4	8.2	7.8
1969	8.6	8.4	8.1	7.9	7.7	7.5
1970	13.5	13.0	12.2	10.7	10.2	8.1
1971	10.3	10.1	9.6	9.4	9.3	8.7
1972	10.0	9.9	9.4	9.1	9.0	8.6
1973	12.5	12.0	10.8	9.7	9.3	8.5
1974	13.0	12.5	11.1	10.0	9.6	8.6
1975	19.4	18.8	16.3	13.7	12.9	10.0
1976	11.9	11.6	11.3	11.0	10.9	10.5
1977	18.2	17.5	16.4	15.3	14.6	11.4
1978	16.4	16.0	14.9	14.2	13.9	12.4
1979	19.5	18.9	17.2	16.4	15.8	13.2
1980	20.6	20.0	18.3	17.0	16.5	14.3
1981	16.8	16.5	15.7	14.9	14.8	14.1
1982	15.7	15.4	14.7	14.2	14.0	13.3
1983	16.4	16.1	15.8	14.9	14.8	13.0
1984	18.9	18.2	16.4	14.7	14.2	12.9
1985	16.5	16.0	14.9	13.9	13.3	12.4
1986	20.0	19.2	17.5	15.3	14.6	12.6
1987	19.9	19.3	17.7	16.1	15.7	13.4
1988	17.0	16.6	15.7	14.9	14.8	13.6
1989	16.9	16.5	15.1	14.4	14.1	13.2
1990	21.3	20.5	18.9	16.7	16.1	13.4

Sorted results
Prob.	Peak	96 hr	21 Day	60 Day	90 Day	Yearly
0.0	21.3	20.5	18.9	17.0	16.5	14.3
0.1	20.6	20.0	18.3	16.7	16.1	14.1
0.1	20.0	19.3	17.7	16.4	15.8	13.6
0.1	19.9	19.2	17.5	16.1	15.7	13.4
0.2	19.5	18.9	17.2	15.3	14.8	13.4
0.2	19.4	18.8	16.4	15.3	14.8	13.3
0.2	18.9	18.2	16.4	14.9	14.8	13.2
0.3	18.2	17.5	16.3	14.9	14.6	13.2
0.3	17.0	16.6	15.8	14.9	14.6	13.0
0.3	16.9	16.5	15.7	14.7	14.2	12.9
0.4	16.8	16.5	15.7	14.4	14.1	12.6
0.4	16.5	16.1	15.1	14.2	14.0	12.4
0.4	16.4	16.0	14.9	14.2	13.9	12.4
0.5	16.4	16.0	14.9	13.9	13.3	11.4
0.5	15.7	15.4	14.7	13.7	12.9	10.5
0.5	13.5	13.0	12.2	11.0	10.9	10.0
0.5	13.0	12.5	11.3	10.7	10.2	8.7
0.6	12.5	12.0	11.1	10.0	9.6	8.6
0.6	11.9	11.6	10.8	9.7	9.3	8.6
0.6	11.7	11.2	10.1	9.4	9.3	8.5
0.7	10.6	10.2	9.6	9.1	9.0	8.1
0.7	10.3	10.1	9.4	8.9	8.9	8.0
0.7	10.3	9.9	9.3	8.8	8.4	7.8
0.8	10.0	9.8	8.9	8.4	8.2	7.5
0.8	9.8	9.1	8.7	7.9	7.7	7.3
0.8	9.2	9.0	8.1	7.5	7.3	6.4
0.9	8.8	8.6	7.9	7.4	7.0	5.5
0.9	8.6	8.4	7.3	5.7	5.4	4.4
0.9	6.3	6.2	5.7	5.1	4.9	2.7
1.0	1.7	1.7	1.4	1.2	1.2	0.5

0.1	20.0	19.3	17.6	16.3	15.8	13.6
					Average of yearly averages:	9.9

Inputs generated by pe5.pl - Novemeber 2006

Data used for this run:
Output File: NYgrapeA
Metfile:	w14860.dvf
PRZM scenario:	NYGrapesSTD.txt
EXAMS environment file:	ir298.exv
Chemical Name:	Difenconazole
Description	Variable Name	Value	Units	Comments
Molecular weight	mwt	406.27	g/mol
Henry's Law Const.	henry	8.90E-12	atm-m^3/mol
Vapor Pressure	vapr	2.50E-10	torr
Solubility	sol	15	mg/L
Kd	Kd		mg/L
Koc	Koc	5381	mg/L
Photolysis half-life	kdp	0	days	Half-life
Aerobic Aquatic Metabolism	kbacw	632.9	days	Halfife
Anaerobic Aquatic Metabolism	kbacs	1485.3	days	Halfife
Aerobic Soil Metabolism	asm	489.6	days	Halfife
Hydrolysis:	pH 7	0	days	Half-life
Method:	CAM	2	integer	See PRZM manual
Incorporation Depth:	DEPI		cm
Application Rate:	TAPP	0.128	kg/ha
Application Efficiency:	APPEFF	0.95	fraction
Spray Drift	DRFT	0.16	fraction of application rate applied to pond
Application Date	Date	18-07	dd/mm or dd/mmm or dd-mm or dd-mmm
Interval 1	interval	10	days	Set to 0 or delete line for single app.
app. rate 1	apprate		kg/ha
Interval 2	interval	10	days	Set to 0 or delete line for single app.
app. rate 2	apprate		kg/ha
Interval 3	interval	10	days	Set to 0 or delete line for single app.
app. rate 3	apprate		kg/ha
Record 17:	FILTRA
	IPSCND	1
	UPTKF
Record 18:	PLVKRT
	PLDKRT
	FEXTRC	0.5
Flag for Index Res. Run	IR	Reservoir
Flag for runoff calc.	RUNOFF	total	none, monthly or total(average of entire run)

PCA Adjusted EDWCS

                                     Peak
                                     96 hr
                                    21 Day
                                    60 Day
                                    90 Day
                                    Yearly
Average of yearly averages

                                     20.0
                                     19.3
                                     17.6
                                     16.3
                                     15.8
                                     13.6
                                      9.9
PCA Adjusted (0.87)
                                     17.4
                                     16.8
                                     15.4
                                     14.2
                                     13.7
                                     11.8
                                      8.6

The input parameters used for SCI-GROW modeling.

Table A-2. SCI-GROW Input Parameters for Difenoconazole Applied on Multiple Crops at the Maximum Label Application Rate.
Model Input Variable
Input Values
Koc (the lowest value of all available Kocs, MRIDs: 42245135 and 46950121)[1]
3471 ml/g
Application Rate
 0.114 lb. a.i./acre
Number of Applications
4
Aerobic Soil Metabolism half-life[2]
223.6 days
Hydrolysis
Stable
[1] The Koc shows greater than three-folds variation, thus, the lowest value was uses per guidance as of Oct. 22, 2009 (USEPA 2009b).
[2] Median of seven values.

                    Input and output of  SCIGROW modeling.

                             SCIGROW (VERSION 2.3)
                    ENVIRONMENTAL FATE AND EFFECTS DIVISION
                         OFFICE OF PESTICIDE PROGRAMS
                     U.S. ENVIRONMENTAL PROTECTION AGENCY
                                SCREENING MODEL
FOR AQUATIC PESTICIDE EXPOSURE
SciGrow version 2.3
chemical:Difenconazole
time is  9/20/2010  10:27:23
    ------------------------------------------------------------------------
       Application      Number of       Total Use    Koc      Soil Aerobic
     rate (lb/acre)  applications   (lb/acre/yr)  (ml/g)   metabolism (days)
    ------------------------------------------------------------------------
            0.114           4.0           0.456      3.47E+03      185.0
    ------------------------------------------------------------------------
                 groundwater screening cond (ppb) =   1.12E-02
    ************************************************************************


[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Notices]
[Pages 60128-60130]
[FR Doc No: 2019-24255]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87443; File No. SR-NYSEArca-2019-71]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Regarding the Applicability and Functionality
of Certain Order Types on the Exchange

November 1, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on October 22, 2019, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules to clarify the
applicability and functionality of certain order types on the Exchange.
The proposed change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 6.62-O (Certain Types of Orders
Defined) to clarify the applicability and functionality of certain
order types. Specifically, the Exchange proposes to amend the
definitions of Contingency Orders, Working Orders, Stop Orders, Stop
Limit Orders and All-or None (``AON'') Orders, as set forth in Rule
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obligations, rights, policies or practices enumerated within its rules.
Rather, this proposal is designed to reduce any potential investor
confusion as to the functionality and applicability of certain order
types presently available on the Exchange.
Proposed Changes to Order Type Definitions
    Rule 6.62-O (the ``Rule'') contains certain definitions of options
order types available on the Exchange. Paragraph (d) of the Rule
defines Contingency Orders or Working Orders as orders that are
``contingent upon a condition being satisfied or an order with a
conditional or undisplayed price and/or size.'' Although not explicitly
stated in the current rule, such Contingency Orders are maintained in
the Working Order File of the Consolidated Book until they are eligible
for execution and/or display. Because such information would add
clarity and transparency to the handling of such orders, the Exchange
proposes to add it to the Rule.\4\ The Exchange also proposes to amend
the definitions of Stop Orders, Stop Limit Orders and AON Orders, which
are Contingency Orders/Working Orders.
---------------------------------------------------------------------------

    \4\ See proposed Rule 6.62-O(d). See Rule 6.76-O(b) (providing,
in relevant part that, unless otherwise specified, the Exchange will
display ``all bids and offers at all price levels in the Display
Order Process of the OX'').
---------------------------------------------------------------------------

    Rule 6.62-O(d)(1)-(2) Stop Orders and Stop Limit Orders. A Stop
Order is an order that becomes a Market Order when the market for a
particular option contract reaches a specified price.\5\ A Stop Limit
Order is an order that becomes a Limit Order when the market for a
particular option contract reaches a specified price.\6\ Stop Orders
and Stop Limit Orders (collectively, ``Stop Orders'' herein unless
otherwise specified) track the price of an option and are generally
used to limit losses as prices move up, in the case of buy orders, or
down in the case of sell orders. In each case, the ``triggering
event,'' which converts the order type (to a Market Order or Limit
Order, as applicable) occurs once the option trades or is (locally)
quoted at, or above for a buy (below for a sell), the specified stop
price.\7\ Thus, Stop Orders to buy (sell) may be triggered as the price
of an option rises (falls). The current rule provides that a Stop Order
to buy (sell) will be rejected if, at the time of arrival, the stop
price is below (above) the bid (offer).\8\ Regarding priority, Stop
Orders (including Stop Limit Orders) are not displayed, have no
standing in any Order Process in the Consolidated Book.\9\
---------------------------------------------------------------------------

    \5\ See Rule 6.62-O(d)(1).
    \6\ See Rule 6.62-O(d)(2).
    \7\ See Rule 6.62-O(d)(1),(2).
    \8\ See Rule 6.62-O(d)(1),(2).
    \9\ See Rule 6.62-O(d)(1) (setting forth details about both Stop
Orders and Stop Limit Orders, even though paragraph (d)(1) pertains
solely to Stop Orders). See also Rule 6.76-O(a)(2)(D) (providing
that Stop Orders within the Working Order Process are ``ranked based
on the specified stop price and the time of order entry'').
---------------------------------------------------------------------------

    The Exchange proposes to modify the description of Stop Orders to
enhance the clarity of the rule text, including by streamlining some of
the existing text and adding new text, as appropriate, and deleting
existing text to correct an inaccuracy regarding current functionality.
First, the Exchange proposes to streamline the description of the order
types as follows. The Exchange proposes to revise the first sentence
describing each order type (i.e., Rule 6.62-O(d)(1),(2)) to state that
the order type converts to a Market or Limit Order, respectively--or
``is triggered''--when the market for a particular option contract
reaches a specified price.\10\ The Exchange also proposes to modify
Rule 6.62-O(d)(1),(2) to combine into one sentence the description of
both buy and sell Stop Orders without modifying current functionality.
The current rule addresses buy and sell Stop Orders in two sentences
and the Exchange thinks the proposed change would streamline the rule
and make it easier to navigate. Specifically, proposed Rule 6.62-
O(d)(1),(2) would provide that a Stop Order (or Stop Limit Order) ``to
buy (sell) is triggered'' such that it becomes a Market Order or Limit
Order, respectively, ``when the option contract trades at a price equal
to or greater (less) than the specified 'stop' price on the Exchange or
another Market Center or when the Exchange bid (offer) is quoted at a
price equal to or greater (less) than the stop price.'' \11\
---------------------------------------------------------------------------

    \10\ See proposed Rule 6.62-O(d)(1), (2).
    \11\ See proposed Rule 6.62-O(d)(1), (2). Consistent with this
proposed change to address both buy and sell Stop Orders and Stop
Limit Orders in one sentence, the Exchange proposes to delete as
unnecessary the sentences in the current definitions that describe
the functionality for sell Stop Orders and sell Stop Limit Orders.
See id. For internal consistently, the Exchange also proposes to
replace reference to NYSE Arca with the ``Exchange.'' See id.

---------------------------------------------------------------------------

    The Exchange also proposes to address the display and standing of
each type of Stop Order for which information is currently contained
only in paragraph (d)(1) of Rule 6.62-O.\12\ Specifically, the Exchange
proposes to modify the current rules to reflect that each type of Stop
Order ``is not displayed and has no standing in any Order Process in
the Consolidated Book, unless or until it is triggered (i.e., same-side
incoming interest trades or quotes at a price equal to or better than
the stop price).'' \13\ The Exchange also proposes to add new rule text
to clarify that ``[a]fter the triggering event,'' a Stop Order (per
Rule 6.62-O(d)(1)) becomes a new Market Order, and a Stop Limit Order
(per Rule 6.62-O(d)(2)) becomes a new Limit Order, and each converted
order is processed accordingly.\14\
---------------------------------------------------------------------------

    \12\ See Rule 6.62-O(d)(1) (which provides that ``Stop Orders
(including Stop Limit Orders) shall not have standing in any Order
Process in the Consolidated Book and shall not be displayed'').
    \13\ See proposed Rule 6.62-O(d)(1), (2). The Exchange notes
that this proposed text modifies the existing text in paragraph
(d)(1) and is new text for paragraph (d)(2) of the Rule. See id.
    \14\ See proposed Rule 6.62-O(d)(1), (2). See also Rule 6.62-
O(a), (b) (defining Market Order and Limit Order, respectively).
---------------------------------------------------------------------------

    Finally, the Exchange proposes to delete as inaccurate the last two
sentences in the description of each type of Stop Order, which provides
for the rejection of such orders to buy (sell) if entered with a stop
price below the bid (or above the offer). This language is not accurate
as the Exchange does not reject Stop Orders so priced, but instead
would execute such orders once triggered. This proposed change would
reflect current functionality and therefore add clarity and consistency
to Exchange rules.\15\
---------------------------------------------------------------------------

    \15\ See proposed Rule 6.62-O(d)(1), (2).
---------------------------------------------------------------------------

    Rule 6.62-O(d)(4) All-Or-None Orders (``AON Orders''). An AON Order
is a Market or Limit Order that is to be executed in its entirety or
not at all.\16\ The Exchange is not proposing to modify the
functionality of an AON Order, but rather proposes to amplify the
definition of an AON Order to clarify its current functionality.
Specifically, the Exchange proposes to make clear that an AON Order
that does not execute on arrival will not be displayed or routed to
another Market Center (i.e., AON Orders may only be executed on the
Exchange) and would have no standing in any Order Process in the
Consolidated Book.\17\ Further, the Exchange proposes to clarify that
AON Orders are not eligible to execute against incoming interest but
rather may execute solely against interest resting in the Consolidated
Book when sufficient size is available.\18\ Finally, the Exchange
proposes to specify that the System monitors the Consolidated Book for
AON Order execution opportunities.\19\ The Exchange believes the
proposed changes would add transparency to the operation of this order
type, without altering the current functionality.
---------------------------------------------------------------------------

    \16\ See Rule 6.62-O(d)(4).
    \17\ See proposed Rule 6.62-O(d)(4). See also Rule 6.76-
O(a)(2)(C) (providing that AON Orders within the Working Order File
[sic] are ``ranked based on the specified limit price and the time
of order entry'').
    \18\ See proposed Rule 6.62-O(d)(4).
    \19\ See id.
---------------------------------------------------------------------------

Rule 6.76A-O: Order Execution
    The Exchange proposes to make a clarifying change to Rule 6.76A-O,
which details how bids and orders are executed. In particular, current
Rule 6.76A-O(b)(1)(A) provides that ``[a]n incoming marketable bid or
offer shall be matched against orders in [sic] the Working Order
Process in the order of their ranking, at the price of the displayed
portion (or in the case of an All-or-None Order, or at the limit price
for AON Orders [sic]), for the total amount of option contracts
available at that price or for the size of the incoming bid or offer,
whichever is smaller.'' \20\ The Exchange proposes to add ``of Reserve
Orders'' to make clear that reference to ``the price of the displayed
portion'' refers to such orders. \21\ In addition, the Exchange
proposes to amend and reorganize the language regarding AON Orders to
add clarity and coherence to the paragraph. Proposed Rule 6.76A-
O(b)(1)(A) would provide that incoming interest is ``matched against
orders within the Working Order Process in the order of their ranking,
at the price of the displayed portion of Reserve Orders, or at the
limit price of AON Orders, for the total amount of option contracts
available at that price or for the size of the incoming bid or offer,
whichever is smaller.'' \22\ As noted herein, Stop Orders have no
standing unless or until triggered, hence the reason the Working Order
Process does not address the execution of such orders.
---------------------------------------------------------------------------

    \20\ See Rule 6.76A-O(b)(1)(A).
    \21\ See proposed Rule 6.76A-O(b)(1)(A).
    \22\ See id.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \23\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\24\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that deleting inaccurate
language (regarding Stop Orders) and enhancing the descriptions as to
the functionality of Contingency Orders, Working Orders, Stop Orders
and AON Orders types would add transparency and clarity to the
Exchange's rules, without altering current functionality. In addition,
the Exchange believes that clarifying the definitions and current
operation of Contingency Orders, Working Orders, Stop Orders and AON
Orders removes impediments to, and perfects the mechanism of a free and
open market by helping to ensure that investors better understand the
current functionality of certain orders types available for trading on
the Exchange.
    The Exchange further believes that the proposal removes impediments
to, and perfects the mechanism of a free and open market by ensuring
that members, regulators and the public can more easily navigate the
Exchange's rulebook and better understand certain order types available
for trading on the Exchange.
Technical Changes
    The Exchange notes that the proposed organizational and non-
substantive changes to the rule text, including to Rule 6.76A-O, would
provide clarity and transparency to Exchange rules and would promote
just and equitable principles of trade and remove impediments to, and
perfect the mechanism of, a free and open market and a national market
system.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that this proposed rule change would
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather revise or amplify
incomplete or

inaccurate rule text or remove language pertaining to unavailable
functionality in the Exchange's rulebook, thereby reducing confusion
and making the Exchange's rules easier to understand and navigate. The
Exchange believes the proposed changes would add transparency to the
operation of certain order types, without altering the current
functionality.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be 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:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2019-71 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 Number SR-NYSEArca-2019-71. This
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 Number SR-NYSEArca-2019-71 and should be submitted
on or before November 29, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24255 Filed 11-6-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 14, 2007 (Volume 72, Number 49)]
[Notices]
[Page 11855]
[DOCID:fr14mr07-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-121-001]

Allegheny Energy, Inc., Monongahela Power Company, Allegheny
Energy Supply Company, LLC; Notice of Filing

March 8, 2007.
    Take notice that on March 5, 2007, Allegheny Energy, Inc.,
Monongahela Power Company, and Allegheny Energy Supply Company, LLC
filed a response to the Commission's December 20, 2006 data request.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 26, 2007.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-4624 Filed 3-13-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40558-40561]
[FR Doc No: 2021-16051]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8702-01-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of General Counsel, Environmental Protection Agency.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency's (EPA) Office of
General Counsel/External Civil Rights Compliance Office (OGC/ECRCO) is
giving notice that it proposes to modify a system of records pursuant
to the provisions of the Privacy Act of 1974. External Compliance Case
Tracking System (EXCATS) is being modified to accurately notify the
public about the change of administrative location of the EXCATS from
its former administrative location, the Office of the Administrator, to
the Office of the General Counsel, effective, December 2016. EXCATS is
also being modified to support and enhance the discrimination complaint
process, including the investigation and resolution of complaints, and
to provide for a discrimination complaint form to enable the public to
file electronically discrimination complaints directly to the EXCATS.
The purpose of EXCATS is to assist OGC/ECRCO in collecting and
maintaining case-related information and provide the EPA OGC/ECRCO with
the ability to more effectively manage program information needs and
integrate the office's various business processes. The EXCATS assists
OGC/ECRCO in the collection and maintenance of compliance-related data
and other information needed by the OGC/ECRCO to complete case
investigation and resolution activities and issue civil rights-related
determinations.

DATES: Persons wishing to comment on this system of records notice must
do so by August 27, 2021. New or modified routine uses for this
modified system of records will be effective August 27, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2018-0537, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
    Email<EMAIL_ADDRESS>Include the Docket ID number in the
subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2018-0537. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Controlled Unclassified Information (CUI) or other information
for which disclosure is restricted by statute. Do not submit
information that you consider to be CUI or otherwise protected through
https://www.regulations.gov. The https://www.regulations.gov website is
an ``anonymous access'' system for the EPA, which means the EPA will
not know your identity or contact information. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment. If the EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. If you send an email comment directly to the EPA without going
through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about the EPA public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CUI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The Public Reading Room is normally open
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OMS Docket is (202) 566-
1752.

Temporary Hours During COVID-19

    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Dale Rhines, Deputy Director, OGC/
ECRCO<EMAIL_ADDRESS>(202) 564-4174 or by mail at 1200
Pennsylvania Avenue NW, Mail Code 2310A, Washington, DC 20460.

SUPPLEMENTARY INFORMATION: EXCATS was developed to allow OGC/ECRCO to
more effectively manage its program information needs and to integrate
its various business processes. Among other things, EXCATS assists OGC/
ECRCO in the collection and maintenance of compliance-related data and
other information needed by the OGC/ECRCO to complete case
investigation and resolution activities and to issue determinations
under Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and
other federal statutes that prohibit discrimination by programs or
entities that apply for or receive financial assistance from EPA.

SYSTEM NAME AND NUMBER:
    External Compliance Case Tracking System (EXCATS), EPA-21.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The EXCATS Web-based application is currently hosted under a
contract with MicroPact, Inc. Hosting facility located at Equinix,
44470 Chilum Place DC3 Bldg. 1, Ashburn, Virginia 20147.

SYSTEM MANAGERS(S):
    Dale Rhines, Deputy Director, OGC/ECRCO, Environmental Protection
Agency, 1200 Pennsylvania Avenue NW, Mail Code 2310A, Washington, DC
20460 or by email at<EMAIL_ADDRESS>or at<PHONE_NUMBER>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The EXCATS assists ECRCO in carrying out its responsibilities under
the following authorities: Title VI of the Civil Rights Act of 1964, 42
United U.S.C. 2000d to 2000d-7 (Title VI); Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq.;
Federal Water Pollution Control Act Amendments of 1972, Public Law 92-
500 Sec.  13, 86 Stat. 903 (codified as amended at 33 U.S.C. 1251
(1972)); Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.; 40 CFR
parts 5 and 7; Executive Order 12250 (Nov. 2, 1980).

PURPOSE(S) OF THE SYSTEM:
    To support and enhance the discrimination complaint process,
including the investigation and resolution of complaints. EXCATS
assists OGC/ECRCO in collecting and maintaining case-related
information and provides OGC/ECRCO with the ability to more effectively
manage program information needs and integrate the office's various
business processes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have filed, or had filed on their behalf,
discrimination complaints regarding applicants or recipients of federal
financial assistance on the basis of race, color, national origin, age,
sex, or disability. Witnesses.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Letters or other documents initiating discrimination complaints
including complainant's name and address, telephone numbers, email
addresses, correspondence, internal memoranda and notes pertaining to
the complaints; recipient staff interviews and interviews with members
of the public; investigative plans; resolution agreements and other
resolution documents; findings on the complaints; and related
information regarding the complaints and investigations; civil rights
compliance reviews of applicants for or recipients of federal financial
assistance; medical information and records of physical or mental
impairments; eligibility determinations impacting complainants,
witnesses or other parties; administrative subpoena files; self-
evaluation plans; racial/ethnic analyses of workforce and program
enrollees; notice of violations; language assistance plans; training
programs; civil enforcement files; environmental policies and program
files.

RECORD SOURCE CATEGORIES:
    Complaints, applicants and recipients of federal financial
assistance, witnesses, EPA Investigators and/or contract investigators,
other EPA personnel with a connection to the case, and other persons
with information relevant to the case.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The routine uses below are both related to and compatible with the
original purpose for which the information was collected. The following
general routine uses apply to this system (73 FR 2245):
    A. Disclosure for Law Enforcement Purposes. Information may be
disclosed to the appropriate Federal, State, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
    B. Disclosure Incident to Requesting Information. Information may
be disclosed to any source from which additional information is
requested (to the extent necessary to identify the individual, inform
the source of the purpose of the request, and to identify the type of
information requested,) when necessary to obtain information relevant
to an agency decision concerning retention of an employee or other
personnel action (other than hiring,) retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant, or other benefit.
    C. Disclosure to Requesting Agency. Disclosure may be made to a
Federal, State, local, foreign, or tribal or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire record if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action.
    D. Disclosure to Office of Management and Budget. Information may
be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
    E. Disclosure to Congressional Offices. Information may be
disclosed to a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual.
    F. Disclosure to Department of Justice. Information may be
disclosed to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
    1. The Agency, or any component thereof;
    2. Any employee of the Agency in his or her official capacity;
    3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
    4. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or the Agency is deemed by the
Agency to be relevant and necessary to the litigation provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
    G. Disclosure to the National Archives. Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
    H. Disclosure to Contractors, Grantees, and Others. Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency. When appropriate, recipients will be
required to comply with the requirements of the Privacy Act of 1974 as
provided in 5 U.S.C. 552a(m).
    I. Disclosures for Administrative Claims, Complaints and Appeals.
Information from this system of records may be disclosed to an
authorized

appeal grievance examiner, formal complaints examiner, equal employment
opportunity investigator, arbitrator or other person properly engaged
in investigation or settlement of an administrative grievance,
complaint, claim, or appeal filed by an employee, but only to the
extent that the information is relevant and necessary to the
proceeding. Agencies that may obtain information under this routine use
include, but are not limited to, the Office of Personnel Management,
Office of Special Counsel, Merit Systems Protection Board, Federal
Labor Relations Authority, Equal Employment Opportunity Commission, and
Office of Government Ethics.
    J. Disclosure to the Office of Personnel Management. Information
from this system of records may be disclosed to the Office of Personnel
Management pursuant to that agency's responsibility for evaluation and
oversight of Federal personnel management.
    K. Disclosure in Connection with Litigation. Information from this
system of records may be disclosed in connection with litigation or
settlement discussions regarding claims by or against the Agency,
including public filing with a court, to the extent that disclosure of
the information is relevant and necessary to the litigation or
discussions and except where court orders are otherwise required under
section (b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
    The two routine uses below (L and M) are required by OMB Memorandum
M-17-12.
    L. Disclosure to Persons or Entities in Response to a Compromise or
Breach of Personally Identifiable Information. To appropriate agencies,
entities, and persons when (1) the Agency suspects or has confirmed
that there has been a breach of the system of records, (2) the Agency
has determined that as a result of the suspected or confirmed breach
there is a risk of harm to individuals, the Agency (including its
information systems, programs, and operations), the Federal Government,
or national security; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with the Agency's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
    M. Disclosure to Assist Another Agency in its Efforts to Respond to
a Breach. To another Federal agency or Federal entity, when the Agency
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
    Additional routine uses that apply to this system are:
    1. The Department of Justice or other Federal and State Agencies.
When necessary to complete an investigation, enforce the
nondiscrimination statutes set forth in the Authority section of this
notice, or assure proper coordination between Federal agencies.
    2. Persons Named as Alleged Discriminators. To allow such persons
the opportunity to respond to the allegations made against them during
the course of the discrimination complaint process.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    All electronic data are stored on servers maintained in locked
facilities with computerized access control and all printed materials
are filed in secure cabinets in secure federal facilities with access
based on need.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by complaint number, name, address, email
address or telephone number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records stored in this system are subject to EPA's records schedule
1044, Item c: Routine compliance and enforcement records (DAA 0412-
2013-0017-0003).
    Includes:
     External discrimination complaints related to civil rights
violations filed by individuals or groups alleging that their civil
rights have been violated by EPA-funded entities, complaints,
correspondence, reports, exhibits, notices, depositions transcripts,
and other related records.
     Compliance review files.
    Disposition:
     Close when activity, project, or case is completed.
     Destroy 10 years after file closure.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    Security controls used to protect personal sensitive data in EXCATS
are commensurate with those required for an information system rated
MODERATE for confidentiality, integrity, and availability, as
prescribed in National Institute of Standards and Technology (NIST)
Special Publication, 800-53, ``Security and Privacy Controls for
Information Systems and Organizations,'' Revision 5.
    1. Administrative Safeguards. EPA personnel are required to
complete annual agency Information Security and Privacy training. EPA
personnel are instructed to lock their computers when they leave their
desks. EXCATS system administrators have appropriate security
clearance.
    2. Technical Safeguards. Only authorized OGC/ECRCO users whose
official duties require the use of such information have access to the
information in the system. No users outside of OGC/ECRCO have access to
the system. Specific access is structured around need and is determined
by the person's role in the organization. Access is managed through the
use of electronic access control lists, which regulate the ability to
read, change and delete information in the system. Each OGC/ECRCO user
has read access to designated information in the system, with the
ability to modify only their own submissions or those of others within
their region or group. Data identified as confidential are so
designated in the system and only specified individuals are granted
access. The system maintains an audit trail of all actions against the
data base. All electronic data are stored on servers maintained in
locked facilities with computerized access control allowing access to
only those support personnel with a demonstrated need for access. A
database is kept of all individuals granted security card access to the
room, and all visitors are escorted while in the room. The server
facility has appropriate environmental security controls, including
measures to mitigate damage to automated information system resources
caused by fire, electricity, water and inadequate climate controls.
Access control to servers, individual computers and databases includes
a required user log-on with a password, inactivity lockout to systems
based on a specified period of time, legal notices and security
warnings at log-on, and remote access security that allows user access
for remote users (e.g., while on government travel) under the same
terms and conditions as for users within the office.
    3. Physical Safeguards. Printed materials are filed in secure
cabinets in secure federal facilities with access based on need as
described above for the automated component of the system.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to their own personal information in
this system

of records will be required to provide adequate identification (e.g.,
driver's license, military identification card, employee badge or
identification card). Additional identity verification procedures may
be required as warranted. Requests must meet the requirements of EPA's
Privacy Act regulations at 40 CFR part 16.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations at 40 CFR
part 16.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether the system of records
contains a record about him or her should submit a written request to
the EPA, Attn: Agency Privacy Officer, WJC West, MC2831T, 1301
Constitution Avenue, NW, Washington, DC 20460<EMAIL_ADDRESS>
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the
following provisions of the Privacy Act of 1974, subject to the
limitations set forth in 5 U.S.C. 552a(c)(3), (d), and (e)(1).

HISTORY:
    79 FR 63622 (October 24, 2014)--Notice of a Modified System of
Records. The purpose of that notice was to inform the public that the
OGC/ECRCO (formerly known as the Title VI External Compliance Program)
was amending the External Compliance Program Discrimination Complaint
Files system of records. The system was amended to change the (1)
system name; (2) the addresses of system locations and system managers;
(3) categories of individuals covered by the system; (4) routine uses;
and (5) storage, retrievability and safeguard requirements.

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-16051 Filed 7-27-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54446-54447]
[FR Doc No: 2021-21393]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0635; FRL-8988-01-ORD]

Board of Scientific Counselors (BOSC) Chemical Safety for
Sustainability and Health and Environmental Risk Assessment
Subcommittee Meeting--November 2021

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting.

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SUMMARY: The Environmental Protection Agency (EPA), Office of Research
and Development (ORD), gives notice of a series of virtual meetings of
the Board of Scientific Counselors (BOSC) Chemical Safety for
Sustainability and Health and Environmental Risk Assessment (CSS HERA)
Subcommittee to review the recent progress and activities of the
Chemical Safety Analytics (CSA) and Emerging Materials and Technologies
(EMT) research areas.

DATES:
    1. The initial meeting will be held over two days via
videoconference:
    a. Thursday, November 4, 2021, from 12:00 p.m. to 5:00 p.m. (EDT);
and

    b. Friday, November 5, 2021, from 12:00 p.m. to 5:00 p.m. (EDT).
    Attendees must register by November 3, 2021.
    2. A BOSC deliberation videoconference will be held on November 18,
2021, from 11 a.m. to 2 p.m. (EDT).
    Attendees must register by November 17, 2021.
    3. A final BOSC deliberation videoconference will be held on
December 10, 2021, from 11 a.m. to 2 p.m. (EDT).
    Attendees must register by December 9, 2021.
    Meeting times are subject to change. This series of meetings is
open to the public. Comments must be received by November 3, 2021, to
be considered by the subcommittee. Requests for the draft agenda or
making a presentation at any of the meetings will be accepted until
November 3, 2021.

ADDRESSES: Instructions on how to connect to the videoconference will
be provided upon registration at: https://epa-bosc-css-hera-subcommittee-mtg.eventbrite.com.
    Submit your comments to Docket ID No. EPA-HQ-ORD-2015-0635 by one
of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
    [ssquf] Note: comments submitted to the www.regulations.gov website
are anonymous unless identifying information is included in the body of
the comment.
     Email: Send comments by electronic mail (email) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2015-0635.
    [ssquf] Note: Comments submitted via email are not anonymous. The
sender's email will be included in the body of the comment and placed
in the public docket which is made available on the internet.
    Instructions: All comments received, including any personal
information provided, will be included in the public docket without
change and may be made available online at www.regulations.gov.
Information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute will not be
included in the public docket and should not be submitted through
www.regulations.gov or email. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/.
    Public Docket: Publicly available docket materials may be accessed
Online at www.regulations.gov.
    Copyrighted materials in the docket are only available via hard
copy. The telephone number for the ORD Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer (DFO),
Tom Tracy, via phone/voicemail at:<PHONE_NUMBER>; or via email at:
<EMAIL_ADDRESS>    Requests for the draft agenda or making a presentation at this
series of meetings will be accepted until November 3, 2021.

SUPPLEMENTARY INFORMATION: The Board of Scientific Counselors (BOSC) is
a federal advisory committee that provides advice and recommendations
to EPA's Office of Research and Development on technical and management
issues of its research programs. The meeting agenda and materials will
be posted to https://www.epa.gov/bosc.
    Proposed agenda items for the meetings include, but are not limited
to, the following: Review the recent progress and activities of the
Chemical Safety Analytics (CSA) and Emerging Materials and Technologies
(EMT) research areas.
    Information on Services Available: For information on translation
services, access, or services for individuals with disabilities, please
contact Tom Tracy at<PHONE_NUMBER> or<EMAIL_ADDRESS>To request
accommodation of a disability, please contact Tom Tracy at least ten
days prior to the meeting to give the EPA adequate time to process your
request.
    Authority: Public Law 92-463, 1, Oct. 6, 1972, 86 Stat. 770.

Mary Ross,
Director, Office of Science Advisor, Policy and Engagement.
[FR Doc. 2021-21393 Filed 9-30-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46886-46887]
[FR Doc No: 2017-21618]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0049]

North County Transit District's Request for Positive Train
Control Safety Plan Approval and System Certification

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public notice that North County
Transit District (NCTD) submitted to FRA its Positive Train Control
Safety Plan (PTCSP) Volume I-Main Body (Version 2.0) and Volume II-
Appendices (Version 1.0), both dated September 1, 2017. NCTD asks FRA
to approve its PTCSP and issue a Positive Train Control (PTC) System
Certification for NCTD's Interoperable Electronic Train Management
System (I-ETMS).

DATES: FRA will consider communications received by November 6, 2017
before taking final action on the PTCSP. FRA may consider comments
received after that date if practicable.

ADDRESSES: All communications concerning this proceeding should
identify Docket Number 2010-0049 and may be submitted by any of the
following methods:

     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Mark Hartong, Senior Scientific
Technical Advisor, at<PHONE_NUMBER> or<EMAIL_ADDRESS>or Mr.
David Blackmore, Staff Director, Positive Train Control Division, at
(312) 835-3903 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In its PTCSP, NCTD asserts that the I-ETMS
system it is implementing is designed as a vital overlay PTC system as
defined in 49 CFR 236.1015(e)(2). The PTCSP describes NCTD's I-ETMS
implementation and the associated I-ETMS safety processes, safety
analyses, and test, validation, and verification processes used during
the development of I-ETMS. The PTCSP also contains NCTD's operational
and support requirements and procedures.
    NCTD's PTCSP and the accompanying request for approval and system
certification are available for review online at www.regulations.gov
(Docket Number FRA-2010-0049) and in person at DOT's Docket Operations
Facility, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590.
The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.
    Interested parties are invited to comment on the PTCSP by
submitting written comments or data. During its review of the PTCSP,
FRA will consider any comments or data submitted. However, FRA may
elect not to respond to any particular comment and, under 49 CFR
236.1009(d)(3), FRA maintains the authority to approve or disapprove
the PTCSP at its sole discretion. FRA does not anticipate scheduling a
public hearing regarding NCTD's PTCSP because the circumstances do not
appear to warrant a hearing. If any interested party desires an
opportunity for oral comment, the party should notify FRA in writing
before the end of the comment period and specify the basis for his or
her request.

Privacy Act Notice

    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 49 CFR 211.3, FRA solicits comments from the public to
better inform its decisions. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-21618 Filed 10-5-17; 8:45 am]
 BILLING CODE 4910-06-P


NEDA/ CARP Meeting with Bill Harnett & NSR Group _ September 3, 2003 4: 00 p. m. Office of Air Quality Planning & Standards $ Introductions $ Replacement Rule $ Schedule for RMRR $ Aggregation Policy $ Emission Rate/ Other Backstops $ Recordkeeping $ Progress on Adoption of 2002 NSR Rule $

Schedules For Other NSR Rulemakings $ Aggregation/ Debottlenecking $ FLM Rulemaking $ Other?

\ \ \ DC  64622/ 0001  1798594 v 1