[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7820-7824]
[FR Doc No: 2018-03566]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82720; File No. SR-PEARL-2018-03]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Expand the
Short Term Option Series Program

February 15, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on February 12, 2018, MIAX PEARL, LLC (``MIAX
PEARL'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change '') a proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to expand the Short Term Option
Series Program to allow Monday expirations for options listed pursuant
to the Short Term Option Series Program, including options on the SPDR
S&P 500 ETF Trust (``SPY'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, 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 Exchange 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 these 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 aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend MIAX PEARL Rule 100, Definitions,
and Rule 404, Series of Option Contracts Open for Trading,
Interpretations and Policies .02, to expand the Short Term Option
Series Program (``Program'') to permit the listing and trading of
options series with Monday expirations that are listed pursuant to the
Program, including options on SPY. The Exchange is also proposing to
make a number of non-substantive, organizational changes to MIAX PEARL
Rule 100 and Rule 404, Interpretations and Policies .02, for purposes
of clarification and uniformity.
    Presently, MIAX PEARL Rule 100 defines a Short Term Options Series
as ``a series in an option class that is approved for listing and
trading on the Exchange in which the series is opened for trading
pursuant to the Short Term Option Series Program provision of Rule 404,
Interpretations and Policies .02.'' MIAX PEARL Rule 404,
Interpretations and Policies .02, provides that a Short Term Option
Series is a series in an option class that is approved for listing and
trading on the Exchange in which the series is opened for trading on
any Tuesday, Wednesday, Thursday or Friday that is a business day and
that expires on the Wednesday or Friday of the next business week.\3\
The Exchange is proposing to consolidate the rule text from Rule 404,
Interpretations and Policies .02, with and into MIAX PEARL Rule 100.
The Exchange notes that this rule text consolidation will not result in
any substantive changes, but is purely for clarification and
uniformity. Additionally, the Exchange is proposing to amend the
definition in MIAX PEARL Rule 100, to permit the listing of options
series that expire on Mondays, in connection with its proposal to
expand the Program to permit the listing and trading of options series
with Monday expirations that are listed pursuant to the Program.
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    \3\ See Exchange Rule 404, Interpretations and Policies .02.
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    The Exchange notes that this proposed rule changed is substantially
similar to the proposal by Nasdaq PHLX LLC (``Phlx'') which was
recently approved by the Commission.\4\
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    \4\ See Securities Exchange Release No. 82611 (February 1,
2018), 83 FR 5473 (February 7, 2018) (SR-Phlx-2017-103) (Order
approving proposed rule change).
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    Specifically, the Exchange is proposing that it may open for
trading series of options on any Monday that is a business day and that
expires on the Monday of the next business week. The Exchange is also
proposing to list Monday expiration series on Fridays that precede the
expiration Monday by one business week plus one business day. Since
MIAX PEARL Rule 404, Interpretations and Policies .02, already provides
for the listing of short term option series on Fridays, the Exchange is
not modifying this provision in MIAX PEARL Rule 100, to allow for
Friday listing of Monday expiration series. However, the Exchange is
amending MIAX PEARL Rule 100 to clarify that, in the case of a series
that is listed on a Friday and expires on a Monday, that series must be
listed one business week and one business day prior to that expiration
(i.e., two Fridays prior to expiration).
    As part of this proposal, the Exchange is also proposing to amend
MIAX PEARL Rule 100 to address the expiration of Monday expiration
series when the Monday is not a business day. In that case, the Rule
will provide that the series shall expire on the first business day
immediately following that Monday. This procedure differs from the
expiration date of Wednesday expiration series that are scheduled to
expire on a holiday. In that case, the Wednesday expiration series
shall expire on the first business day immediately prior to that
Wednesday, e.g., Tuesday of that week.\5\ However, the Exchange
believes that it is preferable to require Monday expiration series in
this scenario to expire on the Tuesday of that week rather than the
previous business day, e.g., the previous Friday, since the Tuesday is
closer in time to the scheduled expiration date of the series than the
previous Friday, and therefore may be more representative of
anticipated market conditions. The Exchange also notes that Cboe
Exchange, Inc. (``Cboe'') uses the same procedure for options on the
S&P 500 index (``SPX'') with Monday expirations that are listed
pursuant to its Nonstandard Expirations Pilot Program and that are
scheduled to expire on a holiday.\6\
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    \5\ See id.
    \6\ See Cboe Rule 24.9(e)(1) (``If the Exchange is not open for
business on a respective Monday, the normally Monday expiring Weekly
Expirations will expire on the following business day. If the
Exchange is not open for business on a respective Wednesday or
Friday, the normally Wednesday or Friday expiring Weekly Expirations
will expire on the previous business day.'')
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    The Exchange also proposes to make corresponding changes to MIAX
PEARL Rule 404, Interpretations and Policies .02, which sets forth the
requirements for SPY options that are listed pursuant to the Short Term
Options Series Program, to permit Monday SPY expirations (``Monday SPY
Expirations''). Accordingly, the Exchange proposes to amend
Interpretations and Policies .02 to Rule 404, to state that, with
respect to Monday SPY Expirations, the Exchange may open for trading on
any Friday or Monday that is a business day, series of options on SPY
to expire on any Monday of the month that is a business day and is not
a Monday in which Quarterly Options Series expire, provided that Monday
SPY Expirations that are listed on a Friday must be listed at least one
business week and one business day prior to the expiration. As with the
current rules for Wednesday SPY Expirations, the Exchange will also
amend Interpretations and Policies .02 to state that it may list up to
five consecutive Monday SPY Expirations at one time, and may have no
more than a total of five Monday SPY Expirations (in addition to the
maximum of five Short Term Option Series expirations for SPY expiring
on Friday and five Wednesday SPY Expirations). The Exchange will also
clarify that, as with Wednesday SPY Expirations, Monday SPY Expirations
will be subject to the provisions of this Rule.
    The interval between strike prices for the proposed Monday SPY
Expirations will be the same as those for the current Short Term Option
Series for Wednesday and Friday SPY Expirations. Specifically, the
Monday SPY Expirations will have a $0.50 strike interval minimum. As is
the case with other options series listed pursuant to the Short Term
Option Series, the Monday SPY Expiration series will be P.M.-settled.
    Currently, for each option class eligible for participation in the
Program, the Exchange is limited to opening thirty (30) series for each
expiration date for the specific class. The thirty (30) series
restriction does not include series that are open by other securities
exchanges under their respective short term option rules; the Exchange
may list these additional series that are listed by other exchanges.\7\
This thirty (30) series restriction shall apply to Monday SPY
Expiration series as well. In addition, the Exchange will be able to
list series that are listed by other exchanges, assuming they file
similar rules with the Commission to list SPY options expiring on
Mondays.
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    \7\ See Exchange Rule 404, Interpretations and Policies .02(a).
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    Finally, the Exchange is amending Interpretations and Policies
.02(b) to

Rule 404, which addresses the listing of Short Term Options Series that
expire in the same week as monthly or quarterly options series.
Currently, that rule states that no Short Term Option Series may expire
in the same week in which monthly option series on the same class
expire (with the exception of Wednesday SPY Expirations) or, in the
case of Quarterly Options Series, on an expiration that coincides with
an expiration of Quarterly Option Series on the same class. As with
Wednesday SPY Expirations, the Exchange is proposing to permit Monday
SPY Expirations to expire in the same week as monthly options series on
the same class. The Exchange believes that it is reasonable to extend
this exemption to Monday SPY Expirations because Monday SPY Expirations
and standard monthly options will not expire on the same trading day,
as standard monthly options expire on Fridays. Additionally, the
Exchange believes that not listing Monday SPY Expirations for one week
every month because there was a monthly SPY expiration on the Friday of
that week would create investor confusion.
    Relatedly, the Exchange is also amending Interpretations and
Policies .02(b) to Rule 404 to clarify that Monday and Wednesday SPY
Expirations may expire in the same week as monthly option series in the
same class expire, but that no Short Term Option Series may expire on
the same day as an expiration of Quarterly Option Series on the same
class. This change will make that provision more consistent with the
existing language in Interpretations and Policies .02 to Rule 404,
which prohibits Wednesday SPY Expirations from expiring on a Wednesday
in which Quarterly Options Series expire.
    The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Monday expirations.
The Exchange has the necessary capacity and surveillance programs in
place to support and properly monitor trading in the proposed Monday
expiration series, including Monday SPY Expirations. The Exchange
currently trades P.M.-settled Short Term Option Series that expire
almost every Wednesday and Friday, which provide market participants a
tool to hedge special events and to reduce the premium cost of buying
protection. The Exchange notes that it has been listing Wednesday
expirations pursuant to MIAX PEARL Rule 100 and Rule 404 since 2017.\8\
With the exception of Monday expiration series that are scheduled to
expire on a holiday, the Exchange does not believe that there are any
material differences between Monday expirations and Wednesday or Friday
expirations for Short Term Option Series.
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    \8\ See Securities Exchange Act Release No. 79947 (February 2,
2017), 82 FR 9865 (February 8, 2017) (SR-PEARL-2017-03).
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    The Exchange seeks to introduce Monday expirations to, among other
things, expand hedging tools available to market participants and to
continue the reduction of the premium cost of buying protection. The
Exchange believes that Monday expirations, similar to Wednesday and
Friday expirations, will allow market participants to purchase an
option based on their timing as needed and allow them to tailor their
investment and hedging needs more effectively.
    As noted above, Phlx recently received approval to list Monday
expirations for SPY options pursuant to its Short Term Options program.
In addition, other exchanges currently permit Monday expirations for
other options. For example, Cboe lists options on the SPX with a Monday
expiration as part of its Nonstandard Expirations Pilot Program.\9\
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    \9\ See Cboe Rule 24.9(e)(1) (``The Exchange may open for
trading Weekly Expirations on any broad-based index eligible for
standard options trading to expire on any Monday, Wednesday, or
Friday (other than the third Friday-of-the-month or days that
coincide with an EOM expiration.'').
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    The Exchange notes that this filing is substantially similar to a
companion MIAX Options filing, expanding the Short Term Option Series
Program to allow Monday expirations for options listed pursuant to the
Program, including options on SPY.

2. Statutory Basis

    MIAX PEARL believes that its proposed rule change is consistent
with Section 6(b) of the Act \10\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \11\ 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, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that Monday expirations,
including Monday SPY Expirations, simply expand the ability of
investors to hedge risk against market movements stemming from economic
releases or market events that occur throughout the month in the same
way that the Short Term Option Series Program has expanded the
landscape of hedging. Similarly, the Exchange believes Monday
expirations, including Monday SPY Expirations, should create greater
trading and hedging opportunities and flexibility, and will provide
customers with the ability to tailor their investment objectives more
effectively. While other exchanges do not currently list Monday SPY
Expirations, the Exchange notes that Cboe currently permits Monday
expirations for other options with a weekly expiration, such as options
on the SPX. \12\ Additionally, Nasdaq PHLX LLC (``Phlx'') has recently
received approval from the Commission to list Monday SPY Expirations
for SPY options pursuant to its Short Term Options program.\13\
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    \12\ See supra note 9.
    \13\ See supra note 4.
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    With the exception of Monday expiration series that are scheduled
to expire on a holiday, the Exchange does not believe that there are
any material differences between Monday expirations, including Monday
SPY Expirations, and Wednesday or Friday expirations, including
Wednesday and Friday SPY Expirations, for Short Term Option Series. The
Exchange notes that it has been listing Wednesday expiration pursuant
to MIAX PEARL Rule 100 and Rule 404 since 2017.\14\ The Exchange
believes that it is consistent with the Act to treat Monday expiration
series that expire on a holiday differently than Wednesday or Friday
expiration series, since the proposed treatment for Monday expiration
series will result in an expiration date that is closer in time to the
scheduled expiration date of the series, and therefore may be more
representative of anticipated market conditions. The Exchange also
notes that Cboe uses the same procedure for SPX options with Monday
expirations that are listed pursuant to its Nonstandard Expirations
Pilot Program and that are scheduled to expire on a holiday.
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    \14\ See supra note 8.
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    Given the similarities between Monday SPY Expiration series and
Wednesday and Friday SPY Expiration series, the Exchange believes that
applying the provisions in Interpretations and Policies .02 to Rule 404
that currently apply to Wednesday SPY Expirations, to Monday SPY
Expirations, is justified. For example, the Exchange believes that
allowing

Monday SPY Expirations and monthly SPY expirations in the same week
will benefit investors and minimize investor confusion by providing
Monday SPY Expirations in a continuous and uniform manner. The Exchange
also believes that it is appropriate to amend Interpretations and
Policies .02(b) to Rule 404 to clarify that no Short Term Option Series
may expire on the same day as an expiration of Quarterly Option Series
on the same class. This change will make that provision more consistent
with the existing language in Interpretations and Policies .02 to Rule
404 that prohibit Wednesday SPY Expirations from expiring on a
Wednesday in which Quarterly Options Series expire.
    Finally, the Exchange represents that it has an adequate
surveillance program in place to detect manipulative trading in Monday
expirations, including Monday SPY Expirations, in the same way that it
monitors trading in the current Short Term Option Series. The Exchange
also represents that it has the necessary systems capacity to support
the new options series.
    The Exchange believes the proposed rule text organizational changes
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 because the proposed rule text organizational change
conforms its rules to the rules of other exchanges. As such, the
proposed amendments would foster cooperation and coordination with
persons engaged in facilitating transactions in securities and would
remove impediments to and perfect the mechanism of a free and open
market and a national exchange system. In particular, the Exchange
believes that the proposed changes will provide greater clarity to
Members and the public regarding the Exchange's Rules. It is in the
public interest for rules to be accurate and concise so as to eliminate
the potential for confusion.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes that
having Monday expirations is not a novel proposal, as Cboe currently
lists and trades short-term SPX options with a Monday expiration, and
Phlx has recently received approval from the Commission to list Monday
SPY expirations. The Exchange does not believe the proposal will impose
any burden on intra-market competition, as all market participants will
be treated in the same manner under this proposal. Additionally, the
Exchange does not believe the proposal will impose any burden on inter-
market competition, as nothing prevents the other options exchanges
from proposing similar rules to list and trade short-term options
series with Monday expirations.

C. Self-Regulatory Organization's 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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\15\ and Rule 19b-4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intention to file 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \17\ permits the Commission to 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
immediately upon filing. The Commission notes that it recently approved
Phlx's substantially similar proposal to list and trade Monday SPY
Expirations.\18\ The Exchange has stated that waiver of the operative
delay will allow the Exchange to list and trade Monday SPY Expirations
as soon as possible, and therefore, promote competition among the
option exchanges.\19\ For these reasons, the Commission believes that
the proposed rule change presents no novel issues and that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest, and will allow the Exchange to
remain competitive with other exchanges. Therefore, the Commission
hereby waives the 30-day operative delay and designates the proposal
effective upon filing.\20\
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    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ See supra note 4.
    \19\ The Exchange also proposes a number of non-substantive
changes to its rulebook. The Exchange stated these changes will help
to provide clarity and therefore are in the public interest.
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the 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 shall institute proceedings to
determine whether the proposed rule 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:

Electronic Comments

    [ssquf] Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
    [ssquf] Send an email to [email protected]. Please include File
Number SR-PEARL-2018-03 on the subject line.

Paper Comments

    [ssquf] Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-PEARL-2018-03. 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-PEARL-2018-03 and should be
submitted on or before March 15, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03566 Filed 2-21-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57473-57475]
[FR Doc No: 2018-24972]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0604; FRL-9986-45]

Draft TSCA Risk Evaluation for Colour Index (C. I.) Pigment
Violet 29 (PV29); Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of and seeking public
comment on the draft Risk Evaluation for Colour Index (C. I.) Pigment
Violet 29 (PV29) and associated documents developed under EPA's
existing chemical substance process under the Toxic Substances Control
Act (TSCA). The purpose of the risk evaluation is to determine whether
a chemical substance presents an unreasonable risk to health or the
environment under the conditions of use, including an unreasonable risk
to a relevant potentially exposed or susceptible subpopulation. EPA is
also submitting these same documents to the TSCA Science Advisory
Committee on Chemicals (SACC) which will peer review the draft risk
evaluation, and EPA will provide the peer review meeting details in a
separate Federal Register notice. All comments submitted on the draft
risk evaluation in response to this Notice of Availability will be
provided to the TSCA SACC peer review panel, which will have the
opportunity to consider the comments during its discussions. In
addition, the subsequent Federal Register notice providing details on
the peer review meeting will explain the process for submitting
information and views to the peer review panel. EPA will consider the
public comments on the draft risk evaluation submitted in response to
this Notice of Availability, along with peer reviewer comments and
recommendations, to finalize the risk evaluation.

DATES: Comments must be received on or before January 14, 2019.

ADDRESSES: Submit your written comments, identified by docket
identification (ID) number EPA-HQ-OPPT-2018-0604, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.

     Mail: OPPT Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jeffrey Dawson, Office of Pollution
Prevention and Toxics (7403M), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-0331; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may
be of interest to persons who are interested in risk evaluations of
existing chemical substances under the Toxic Substances Control Act
(TSCA). Since other entities may also be interested in this draft risk
evaluation, the Agency has not attempted to describe all the entities
that may be interested in this action.

B. What action is the agency taking?

    EPA is announcing the availability of and seeking public comment on
the draft Risk Evaluation for Colour Index (C. I.) Pigment Violet 29
(PV29) and associated documents, which is available at the docket
identified by ID No. EPA-HQ-OPPT-2018-0604 at http://www.regulations.gov. EPA is providing 60 days for public comment on all
aspects of this draft risk evaluation, including any conclusions,
findings, determinations, and the submission of any additional
information that might be relevant to the science underlying the risk
evaluation and the outcome of the systematic review associated with
C.I. Pigment Violet 29. This 60-day comment period on the draft risk
evaluation satisfies TSCA section 6(b)(4)(H), which requires EPA to
``provide no less than 30 days public notice and an opportunity for
comment on a draft risk evaluation prior to publishing a final risk
evaluation.''
    In addition to any new comments on the draft risk evaluation, the
public should resubmit or clearly identify at this time any previously
filed comments, modified as appropriate, that are relevant to this risk
evaluation and that the submitter feels have not been addressed. EPA
does not intend to further respond to comments submitted prior to the
release of this draft risk evaluation.
    All comments on the draft risk evaluation in response to this
Notice of Availability, and all information and views submitted to the
peer review panel as directed in the subsequent Federal Register notice
announcing the TSCA SACC panel meeting, are being directed to the same
docket, identified by docket ID No. EPA-HQ-OPPT-2018-0604 at http://www.regulations.gov. As such, comments submitted or resubmitted during
this 60-day period will be provided to the TSCA SACC for consideration
during their peer review.

C. What is the Agency's authority for taking this action?

    TSCA section 6, 15 U.S.C. 2605, requires EPA to conduct risk
evaluations to ``determine whether a chemical substance presents an
unreasonable risk of injury to health or the environment, without
consideration of costs or other non-risk factors, including an
unreasonable risk to a potentially exposed or susceptible subpopulation
identified as relevant to the risk evaluation by the Administrator
under the conditions of use.'' 15 U.S.C. 2605(b)(4)(A). TSCA sections
6(b)(4)(A) through (H) enumerate the deadlines and minimum requirements
applicable to this process, including provisions that direct which
chemical substances must undergo evaluation, the development of
criteria for manufacturer-requested evaluations, the minimum components
of an Agency risk evaluation, and the timelines for public comment and
completion of the risk evaluation. The law also requires that EPA
operate in a manner that is consistent with the best available science
and make decisions based on the weight of the scientific evidence. 15
U.S.C. 2625(h) and (i).
    The statute identifies the minimum components EPA must include in
all chemical substance risk evaluations. For each risk evaluation, EPA
must publish a document that outlines the scope of the risk evaluation
to be conducted, which includes the hazards, exposures, conditions of
use, and the potentially exposed or susceptible subpopulations that EPA
expects to consider. 15 U.S.C 2605(b)(4)(D). The statute further
provides that each risk evaluation must also: (1) Integrate and assess
available information on hazards and exposure for the conditions of use
of the chemical substance, including information on specific risks of
injury to health or the environment and information on potentially
exposed or susceptible subpopulations; (2) describe whether aggregate
or sentinel exposures were considered and the basis for that
consideration; (3) take into account, where relevant, the likely
duration, intensity, frequency, and number of exposures under the
conditions of use; and (4) describe the weight of the scientific
evidence for the identified hazards and exposure. 15 U.S.C.
2605(b)(4)(F)(i), and (iii)-(v). The risk evaluation must not consider
costs or other non-risk factors. 15 U.S.C. 2605(b)(4)(F)(ii).
    The statute requires that the risk evaluation process last no
longer than three years, with a possible additional six-month
extension. 15 U.S.C. 2605(b)(4)(G). The statute also requires that the
Agency allow for no less than a 30-day public comment period on the
draft risk evaluation, prior to publishing a final risk evaluation. 15
U.S.C. 2605(b)(4)(H).

D. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI information to EPA through
regulations.gov or via email. If your comments contain any information
that you consider to be CBI or otherwise protected, please contact the
DFO listed under FOR FURTHER INFORMATION CONTACT to obtain special
instructions before submitting your comments.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What is EPA's risk evaluation process for existing chemicals under
TSCA?

    The risk evaluation process is the second step in EPA's existing
chemical process under TSCA, following prioritization and before risk
management. The purpose of risk evaluation is to determine whether a
chemical substance presents an unreasonable risk to health or the
environment, under the conditions of use, including an unreasonable
risk to a relevant potentially exposed or susceptible subpopulation. As
part of this process, EPA must evaluate both hazard and exposure, not
consider costs or other non-risk factors, use scientific information
and approaches in a manner that is consistent with the requirements in
TSCA for the best available science, and ensure decisions are based on
the weight-of-scientific-evidence.

    The specific risk evaluation process that EPA has established by
rule to implement the statutory process is set out in 40 CFR part 702
and summarized on our website at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluations-existing-chemicals-under-tsca. As explained the in the preamble to EPA's procedural final
rule (82 FR 33726, July 20, 2017) (FRL-9964-38), the specific
regulatory process set out in 40 CFR part 702 will be followed for the
first ten chemical substances undergoing risk evaluation to the maximum
extent practicable.

B. What is Pigment Violet 29?

    Pigment Violet 29 (Anthra[2,1,9-def:6,5,10-d'e'f'] diisoquinoline-
1,3,8,10(2H,9H)-tetrone) (pigment violet 29) is a perylene derivative
used to color materials and as an intermediate for other perylene
pigments. The pigment is utilized as an intermediate to create or
adjust the color of other pigments, as well as in commercial paints,
coatings, plastics, and rubber products. C.I. Pigment Violet 29 is an
organic pigment that has a low solubility, low volatility, is expected
to be highly persistent and has low bioaccumulation potential in fish
and other animals.
    Information about the problem formulation and scope phases of the
risk evaluation for this chemical is available at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluation-pigment-violet-29-anthra219-def6510.

C. Purpose of the TSCA SACC

    The TSCA SACC was established by EPA to support activities under
TSCA, 15 U.S.C. 2601 et seq., the Pollution Prevention Act (PPA), 42
U.S.C. 13101 et seq., and other applicable statutes. The TSCA SACC
provides expert independent scientific advice and recommendations to
the EPA on the scientific and technical aspects of risk assessments,
methodologies, and pollution prevention measures and approaches for
chemicals regulated under TSCA. Given the SACC's expertise, EPA is
submitting the draft risk evaluation and related documents to the TSCA
SACC for peer review and scheduling a public meeting for the panel's
discussion of those materials. Consistent with EPA's peer review policy
and requirements associated with the Federal Advisory Committee Act
(FACA), 5 U.S.C Appendix 2 et seq., EPA will announce the TSCA SACC
public meeting and provide related details about that meeting in a
future Federal Register notice.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: November 9, 2018.
Nancy B. Beck,
Deputy Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2018-24972 Filed 11-14-18; 8:45 am]
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[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Notices]
[Page 57520]
[FR Doc No: 2022-20260]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2018-0005]

Whistleblower Stakeholder Meeting

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of public meeting.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
announcing a public meeting to solicit comments and suggestions from
stakeholders on issues facing the agency in the administration of the
whistleblower laws it enforces.

DATES: The public meeting will be held on October 19, 2022, from 1 p.m.
to 4 p.m., ET via telephone and virtually via Teams. Persons interested
in attending the meeting must register by October 12, 2022. In
addition, comments relating to the ``Scope of Meeting'' section of this
document must be submitted by November 2, 2022.

ADDRESSES:
    Electronically: You may submit materials, including attachments,
electronically at http://www.regulations.gov, which is the Federal
eRulemaking portal. Follow the on-line instructions for submissions.
All comments should be identified with Docket No. OSHA-2018-0005.
    Registration to Attend and/or to Participate in the Meeting: If you
wish to attend the public meeting, make an oral presentation at the
meeting, or participate in the meeting, you must register using this
link: https://www.eventbrite.com/e/whistleblower-stakeholder-meeting-tickets-414876204897 or this link for registration in Spanish https://www.eventbrite.com/e/reunion-para-partes-interesadas-sobre-los-denunciantes-que-son-trabajadores-tickets-414895803517 by close of
business on October 12, 2022. Each participant will be allowed to speak
for up to 5 minutes. If there is extra time at the end of the meeting,
participants may be given extra time to speak. There is no fee to
register for the public meeting. After reviewing the requests to
present, OSHA will contact each participant prior to the meeting to
inform them of the speaking order. We will provide Spanish-language
translation.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, U.S. Department of Labor; telephone:<PHONE_NUMBER>;
email: [email protected].
    For general information: Mr. Lee Martin, Director, OSHA Directorate
of Whistleblower Protection Programs, U.S. Department of Labor;
telephone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Scope of Meeting

    OSHA is interested in obtaining information from the public on key
issues facing the agency's whistleblower program. This meeting is the
tenth in a series of meetings requesting public input on this program.
The agency is seeking suggestions on how it can improve the program.
Please note that the agency does not have the authority to change the
statutory language and requirements of the laws it enforces. In
particular, the agency invites input on the following:
    1. How can OSHA deliver better whistleblower customer service?
    2. What kind of assistance can OSHA provide to help explain the
Agency's whistleblower laws to employees and employers?

B. Request for Comments

    Regardless of attendance at the public meeting, interested persons
may submit written or electronic comments (see ADDRESSES above).
Electronic comments include recorded oral comments. Comments may be
submitted in any language. To permit time for interested persons to
submit data, information, or views on the issues in the ``Scope of
Meeting'' section of this notice, please submit comments by November 2,
2022, and include Docket No. OSHA-2018-0005. If you have questions
regarding how to submit comments, please contact [email protected] or
202-693-2199.

C. Access to the Public Record

    Electronic copies of this Federal Register notice are available at:
http://www.regulations.gov. This notice, as well as news releases and
other relevant information, is also available on the Directorate of
Whistleblower Protection Programs' web page at: http://www.whistleblowers.gov.

Authority and Signature

    James S. Frederick, Deputy Assistant Secretary for Occupational
Safety and Health, authorized the preparation of this notice under the
authority granted by section 11(c) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 660(c)); Secretary's Order 08-2020 (May
15, 2020).

    Signed at Washington, DC.
James. S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-20260 Filed 9-19-22; 8:45 am]
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[Federal Register: June 11, 2008 (Volume 73, Number 113)]
[Notices]
[Page 33140-33141]
[DOCID:fr11jn08-114]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2008-0088]

Agency Information Collection; Request for Comments; Clearance of
Renewal Approval of Information Collection: Procedures for
Transportation Drug Alcohol Testing Program

AGENCY: Office of the Secretary (OST) DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public
Law 104-13, (44 U.S.C. 3501 et seq.) this notice announces the
Information Collection Request, abstracted below, is being forwarded to
the Office of Management and Budget for extension of the currently
approved Procedures for Transportation Drug and Alcohol Testing
Program. On March 17, 2008 the Office of Drug and Alcohol Policy and
Compliance (ODAPC) published a 60-day notice in the Federal Register
(73 FR 14300) Docket  OST-2008-0088, informing the public of
ODAPC's intention to extend an approved information collection.
Specifically, ODAPC solicited comments on whether the information
collection is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility. We asked whether the Department's estimate of the burden of
the proposed information collection was accurate and for ways to
enhance the quality, utility, and clarity of the information to be
collected. The Department sought ways to minimize the burden for those
who would have to provide information, including the use of automated
collection techniques or other forms of information technology. One
response, which contained several comments, was made to the docket.
Among his comments, the respondent supported the Department's estimated
burden hours associated with the collection and handling of each form
and provided suggestions for updating the Alcohol Testing Form (ATF)
and Management Information System (MIS) form. Each of the respondent's
comments were addressed and are explained in the supporting statement
to OMB. The ATF and MIS were updated to include an updated Paperwork
Reduction Act Burden Statement, the current address of the Department,
and DOT form numbers were added. We provided additional instructions on
the reverse side of Page 3 of the ATF that tamper-evident tape must not
obscure the printed information. Also, the legends in the test result
boxes on the front of the ATF were adjusted and printed in a smaller
font so they don't obscure test results printed directly on the ATF.

DATES: Written comments should be submitted by July 11, 2008 and sent
to the attention of the DOT/OST Desk Officer, Office of Information and
Regulatory Affairs, Office of Management and Budget, Docket library,
Room 10102, 725 17th Street, NW., Washington, DC 20503 or oira_
<EMAIL_ADDRESS>(e-mail).

FOR FURTHER INFORMATION CONTACT: Bohdan Baczara, Office of Drug and
Alcohol Policy and Compliance, Office of the Secretary, U.S. Department
of Transportation, 1200 New Jersey Avenue, SE., Room W62-300,
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    Title: Procedures for Transportation Drug and Alcohol Testing
Program.
    OMB Control No.: 2105-0529.
    Form No.: DOT F 1380 Alcohol Testing Form (ATF) and DOT F 1385 DOT
Drug and Alcohol Testing Management Information System (MIS).
    Affected Entities: Transportation Industry (i.e., Federal Aviation
Administration, Federal Transit Administration, Federal Railroad
Administration, Federal Motor Carrier Safety Administration, and the
Pipeline and Hazardous Materials Safety Administration) and the United
States Coast Guard when calculating their random testing rates.
    Type of Review: Clearance and Renewal.
    Frequency of Response: Annually.
    Respondents: 2,783,195.
    Total Annual Burden Hours Requested: 695,300.
    Abstract: Under the Omnibus Transportation Employee Testing Act of
1991, DOT is required to implement a drug and alcohol testing program
in various transportation-related industries. This specific requirement
is elaborated in 49 CFR part 40, Procedures for Transportation
Workplace Drug and Alcohol Testing Programs. Included in this program
are the U.S. Department of Transportation Alcohol Testing Form (ATF)
and the DOT Drug and Alcohol Testing Management Information System
(MIS) Data Collection Form. The ATF includes the employee's name, the
type of test taken, the date of the test, and the name of the employer.
Custody and control is essential to the basic purpose of the alcohol
testing program. Data on each test conducted, including test results,

are necessary to document tests conducted and actions taken to ensure
safety in the workplace. The MIS form includes employer specific drug
and alcohol testing information such as the reason for the test and the
cumulative number of positive, negative and refusal test results. The
MIS data is used by each of the affected DOT Agencies (i.e., Federal
Aviation Administration, Federal Transit Administration, Federal
Railroad Administration, Federal Motor Carrier Safety Administration,
and the Pipeline and Hazardous Materials Safety Administration) and the
United States Coast Guard when calculating their random testing rates.
    Comments Are Invited On: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.
    All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.

    Issued in Washington, DC, on June 4, 2008.
Donna K. Seymour,
Associate Chief Information Officer, IT Policy Oversight.
[FR Doc. E8-13096 Filed 6-10-08; 8:45 am]

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