[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Notices]
[Page 42212-42216]
[DOCID:fr01au07-136]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56131; File No. SR-NYSEArca-2007-57]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change To List
and Trade Currency Trust Shares

July 25, 2007.
    Pursuant to 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 June 21, 2007, NYSE Arca, Inc. (the ``Exchange''), through its
wholly-owned subsidiary, NYSE Arca Equities, Inc. (``NYSE Arca
Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change (``Exchange Notice'') as
described in Items I and II below, which Items have been substantially
prepared by the Exchange. This order provides notice of the proposed
rule change and approves the proposed rule change on an accelerated
basis.
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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 proposes to list and trade shares (``Shares'') of the
following trusts: (1) CurrencySharesSM Australian Dollar
Trust; (2) CurrencySharesSM British Pound Sterling Trust;
(3) CurrencySharesSM Canadian Dollar Trust; (4)
CurrencySharesSM Euro Trust (formerly, Euro Currency Trust);
(5) CurrencySharesSM Japanese Yen Trust; (6)
CurrencySharesSM Mexican Peso Trust; (7)
CurrencySharesSM Swedish Krona Trust; and (8)
CurrencySharesSM Swiss Franc Trust (individually, a
``Trust,'' and collectively, the ``Trusts''),\3\ pursuant to NYSE Arca
Equities Rule 8.202. The text of the proposed rule change is available
at the Exchange, the Commission's Public Reference Room, and http://www.nyse.com
.

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    \3\ The Exchange represents that the Trusts are formed under the
laws of the State of New York and are not registered under the
Investment Company Act of 1940.
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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 III 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 list and trade the Shares pursuant to NYSE
Arca Equities Rule 8.202, which permits the trading of Currency Trust
Shares \4\ either by listing or pursuant to unlisted trading privileges
(``UTP''). The Shares are currently listed on the New York Stock
Exchange LLC (``NYSE''),\5\ and the Exchange currently trades the
Shares pursuant to UTP.\6\ The Shares of the Trusts will transfer their
listing from NYSE to the Exchange.\7\
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    \4\ As defined in NYSE Arca Equities Rule 8.202(c), ``Currency
Trust Shares'' are securities that: (1) Are issued by a trust that
holds a specified non-U.S. currency deposited with the trust; (2)
when aggregated in some specified minimum number, may be surrendered
to such trust by the beneficial owner to receive the specified non-
U.S. currency; and (3) pay to the beneficial owners interest and
other distributions on the deposited non-U.S. currency, if any,
declared and paid by the Trust. See Securities Exchange Act Release
No. 53253 (February 8, 2006), 71 FR 8029 (February 15, 2006) (SR-
PCX-2005-123) (approving the adoption of generic listing and trading
standards for Currency Trust Shares and the trading of shares of the
CurrencySharesSM Euro Trust pursuant to UTP).
    \5\ See Securities Exchange Act Release Nos. 55268 (February 9,
2007), 72 FR 7793 (February 20, 2007) (SR-NYSE-2007-03) (approving
the listing and trading of shares of the CurrencySharesSM
Japanese Yen Trust); 54020 (June 20, 2006), 71 FR 36579 (June 27,
2006) (SR-NYSE-2006-35) (approving the listing and trading of shares
of the CurrencySharesSM Australian Dollar Trust,
CurrencySharesSM British Pound Sterling Trust,
CurrencySharesSM Canadian Dollar Trust,
CurrencySharesSM Mexican Peso Trust,
CurrencySharesSM Swedish Krona Trust, and
CurrencySharesSM Swiss Franc Trust); and 52843 (November
28, 2005), 70 FR 72486 (December 5, 2005) (SR-NYSE 2005-65)
(approving the listing and trading of shares of the
CurrencySharesSM Euro Trust) (collectively, the ``NYSE
Approval Orders'').
    \6\ See supra note 4; Securities Exchange Act Release Nos. 55320
(February 21, 2007), 72 FR 8828 (February 27, 2007) (SR-NYSEArca-
2007-15) (approving the trading of shares of the
CurrencySharesSM Japanese Yen Trust pursuant to UTP); and
54043 (June 26, 2006), 71 FR 37967, (July 3, 2006) (SR-NYSEArca-
2006-26) (approving the trading of shares of the
CurrencySharesSM Australian Dollar Trust,
CurrencySharesSM British Pound Sterling Trust,
CurrencySharesSM Canadian Dollar Trust,
CurrencySharesSM Mexican Peso Trust,
CurrencySharesSM Swedish Krona Trust, and
CurrencySharesSM Swiss Franc Trust pursuant to UTP).
    \7\ E-mail from Timothy J. Malinowski, Director, NYSE Group,
Inc., to Edward Cho, Special Counsel, Division of Market Regulation,
Commission, dated July 11, 2007 (confirming the listing status of
the Shares).
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    Each Trust holds the applicable foreign currency \8\ and is
expected from time to time to issue Baskets \9\ in exchange for
deposits of the foreign currency and to distribute the foreign currency
in connection with redemptions of Baskets. The Shares, which are issued
by their corresponding Trust, represent units of fractional undivided
beneficial interest in, and ownership of, such Trust. The investment
objective of the Trusts is for the Shares to reflect the price (U.S.
dollars) of the applicable foreign currency owned by the specific
Trust, plus accrued interest, less the expenses and liabilities of such
Trust. The Shares are intended to provide institutional and retail
investors with a simple, cost-effective means of hedging their exposure
to a particular foreign currency and otherwise implement investment
strategies that involve foreign currencies (e.g., diversify generally
against the risk that the U.S. dollar would depreciate).
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    \8\ The Trusts do not hold any derivative products.
    \9\ A ``Basket'' is defined as an aggregation of 50,000 Shares.
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    Rydex Specialized Products LLC is the sponsor of the Trusts
(``Sponsor''); The Bank of New York is the trustee of the Trusts
(``Trustee''); JPMorgan Chase Bank, N.A., London Branch, is the
depository for the Trusts (``Depository''); and Rydex Distributors,
Inc. is the distributor for the Trusts (``Distributor'').\10\ A
detailed discussion

of the foreign exchange industry and markets, foreign currency
liquidity and regulation, role and responsibilities of the Sponsor,
Trustee, Distributor, and Depository, fees and expenses of the Trusts,
distributions, voting and approvals, risk factors, clearance and
settlement, and the procedures for creations and redemptions, and other
details pertaining to the Shares, can be found in the Exchange Notice,
the NYSE Approval Orders, and the Trust Prospectus (as defined
below).\11\
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    \10\ The Exchange represents that the Sponsor, Trustee,
Distributor, and Depository are not affiliated with the Exchange or
one another, with the exception that the Sponsor and Distributor are
affiliated. The Exchange further represents that no compensation is
paid by the Sponsor to the Distributor in connection with services
performed by the Distributor for the Trusts.
    \11\ See supra note 5; see also Prospectus Supplement No. 4,
dated March 19, 2007, and Prospectus Supplement No. 2, dated January
29, 2007, for each of the CurrencySharesSM Australian
Dollar Trust, CurrencySharesSM British Pound Sterling
Trust, CurrencySharesSM Canadian Dollar Trust,
CurrencySharesSM Mexican Peso Trust,
CurrencySharesSM Swedish Krona Trust, and
CurrencySharesSM Swiss Franc Trust (Registration Nos.
333-132362, 333-132361, 333-132363, 333-132367, 333-132366, and 333-
132364, respectively); Prospectus Supplement No. 11, dated March 19,
2007, and Prospectus Supplement No. 7, dated January 29, 2007, for
the CurrencySharesSM Euro Trust (Registration No. 333-
125581); and Prospectus Supplement No. 3, dated April 3, 2007, for
the CurrencySharesSM Japanese Yen Trust (Registration
Nos. 333-138881 and 333-141821) (collectively, the ``Trust
Prospectus''). E-mail from Timothy J. Malinowski, Director, NYSE
Group, Inc., to Edward Cho, Special Counsel, Division of Market
Regulation, Commission, dated July 18, 2007 (confirming that
additional information on the foreign currency markets, the Trust,
and the Shares can be found in the Exchange Notice, NYSE Approval
Orders, and the Trust Prospectus, as supplemented).
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    Quotations and last sale price information for the Shares are
disseminated over the Consolidated Tape,\12\ as is the case for all
equity securities traded on the Exchange (including shares of exchange-
traded funds). In addition, there is a considerable amount of foreign
currency price and market information available on public Web sites and
through professional and subscription services. As is the case with
equity securities and exchange-traded funds, in most instances, real-
time information is only available for a fee, and information available
free-of-charge is subject to delay (typically, 15 to 20 minutes).
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    \12\ E-mail from Timothy J. Malinowski, Director, NYSE Group,
Inc., to Edward Cho, Special Counsel, Division of Market Regulation,
Commission, dated July 18, 2007 (confirming the information being
disseminated over the Consolidated Tape).
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    Currently, the Consolidated Tape does not provide for dissemination
of the spot price of a foreign currency over the Consolidated Tape.
However, investors may obtain on a 24-hour basis foreign currency
pricing information based on the foreign currency spot price of each
applicable foreign currency from various financial information service
providers. Current spot prices are also generally available with bid/
ask spreads from foreign exchange dealers. In addition, the Trusts' Web
site (http://www.currencyshares.com) provides ongoing pricing

information for the applicable foreign currency spot prices and the
Shares.\13\ The Exchange states that complete, real-time data for
foreign currency futures and options prices traded on the Chicago
Mercantile Exchange (``CME'') and the Philadelphia Stock Exchange, Inc.
(``Phlx'') are also available by subscription from information service
providers, and that CME and Phlx also provide delayed futures and
options information on current and past trading sessions and market
news free of charge on their respective Web sites.
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    \13\ The Sponsor has represented that the spot price will be
available on the Trust's Web site without interruption 24 hours per
day, seven days per week.
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    There are a variety of other public Web sites available at no
charge that provide information on the foreign currencies underlying
the Shares. Such service providers provide spot price or currency
conversion information about the foreign currencies. Many of these
sites offer price quotations drawn from other published sources, but
because the information is supplied free-of-charge, it is generally
subject to time delays. In addition, major market data vendors
regularly report current currency exchange pricing for a fee for the
Japanese yen and other currencies.\14\
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    \14\ The Exchange notes that there may be incremental
differences in the foreign currency spot price among the various
information service sources. While the Exchange believes the
differences in the foreign currency spot price may be relevant to
those entities engaging in arbitrage or in the active daily trading
of the applicable foreign currency or derivatives thereon, the
Exchange believes such differences are likely of less concern to
individual investors intending to hold the Shares as part of a long-
term investment strategy.
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    The Trustee calculates, and the Sponsor publishes, each Trust's net
asset value, or ``NAV,'' and NAV per Share each business day. The
Sponsor publishes the NAV and NAV per Share for each Trust on each day
that the Exchange is open for regular trading on the Trusts' Web
site.\15\ In addition, the Trusts' Web site provides the following
information: (1) The spot price for each applicable foreign
currency,\16\ including the bid and offer and the midpoint between the
bid and offer for the foreign currency spot price, updated every 5 to
10 seconds; \17\ (2) an intraday indicative value (``IIV'') per Share,
calculated by multiplying the indicative spot price of the applicable
foreign currency by the quantity of foreign currency backing each
Share, updated at least every 15 seconds; \18\ (3) a delayed indicative
value (subject to a 20 minute delay), which is used for calculating
premium/discount information; (4) premium/discount information,
calculated on a 20 minute delayed basis; (5) accrued interest per
Share; (6) the daily Federal Reserve Bank of New York Noon Buying Rate;
\19\ (7) the Basket Amount \20\ for each applicable foreign currency;
and (8) the last sale price of the Shares as traded in the U.S.
markets, subject to a 20-minute delay.\21\ On the Trusts' Web site, the
foreign currency spot price is available and disseminated at least
every 15 seconds, and the IIV per Share will be calculated and
disseminated at least every 15 seconds during NYSE Arca Marketplace's
Opening, Core Trading, and Late Trading Sessions.\22\ The Exchange
states that it will provide on its own Web site (http://www.nyse.com) a

link to the Trusts' Web site.
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    \15\ The Sponsor for the Trusts has represented to the Exchange
that the NAV and the Basket Amount (as defined herein) for the Trust
will be available to all market participants at the same time.
    \16\ The Trusts' Web site's foreign currency spot prices will be
provided by FactSet Research Systems (http://www.factset.com).

FactSet Research Systems is not affiliated with the Trusts, Trustee,
Sponsor, Depository, Distributor, or the Exchange.
    \17\ The Sponsor calculates the midpoint price. The midpoint is
used for the purpose of calculating the premium or discount of the
Shares.
    \18\ The IIV of the Shares is analogous to the intraday
optimized portfolio value (sometimes referred to as ``IOPV'') and
indicative portfolio value associated with the trading of exchange-
traded funds. The Exchange further represents that the IIV is
equivalent to the Indicative Trust Value, as referenced in NYSE Arca
Equities Rule 8.202(e)(2)(v), with respect to Currency Trust Shares.
E-mail from Timothy J. Malinowski, Director, NYSE Group, Inc., to
Edward Cho, Special Counsel, Division of Market Regulation,
Commission, dated July 25, 2007 (confirming that the IIV is
equivalent to the Indicative Trust Value).
    \19\ The Federal Reserve Bank of New York Noon Buying Rate is
used for the purpose of determining the NAV of each Trust.
    \20\ A ``Basket Amount'' is the total deposit amount of the
applicable foreign currency required to purchase a Basket of Shares.
    \21\ The last sale price of the Shares in the secondary market
is available on a real-time basis for a fee from regular data
vendors.
    \22\ Pursuant to NYSE Arca Equities Rule 7.34(a), the NYSE Arca
Marketplace trading hours for exchange-traded funds are as follows:
(1) Opening Session, 4 a.m. to 9:30 a.m. Eastern Time (``ET''); (2)
Core Trading Session, 9:30 a.m. to 4:15 p.m. ET; and (3) Late
Trading Session, 4:15 p.m. to 8 p.m. ET. E-mail from Timothy J.
Malinowski, Director, NYSE Group, Inc., to Edward Cho, Special
Counsel, Division of Market Regulation, Commission, dated July 11,
2007 (confirming that the IIV per Share will be calculated and
disseminated at least every 15 seconds during the Exchange's three
trading sessions).
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    The Exchange states that the Shares are subject to the criteria for
initial and continued listing of Currency Trust Shares under NYSE Arca
Equities Rule 8.202. A minimum of 100,000 Shares would be required to
be outstanding when the Shares begin to trade. This minimum number of
Shares required to be outstanding is comparable to requirements that
have been applied to

previously listed series of exchange-traded funds. The Exchange
believes that the proposed minimum number of Shares outstanding at the
start of trading is sufficient to provide market liquidity.\23\
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    \23\ See NYSE Arca Equities Rule 8.202(e) (setting forth the
initial and continued listing standards applicable to the Shares).
See also Exchange Notice (providing further discussion regarding the
initial and continued listing standards applicable to the Shares).
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    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. The trading hours for
the Shares on the Exchange are the same as those set forth in NYSE Arca
Equities Rule 7.34 (Opening, Core Trading, and Late Trading Sessions, 4
a.m. ET to 8 p.m. ET).\24\
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    \24\ See supra note 22. See also Exchange Notice (providing
further discussion regarding the trading rules applicable to the
Shares).
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    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These reasons may include (1) The
extent to which trading is not occurring in the applicable underlying
foreign currency, or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present. In addition, trading in the Shares could be halted
pursuant to the Exchange's ``circuit breaker'' rule.\25\ The Exchange
further notes that, if the IIV or the value of an underlying foreign
currency is not being calculated or widely disseminated as required,
the Exchange may halt trading during the day in which the interruption
to the calculation or wide dissemination of the IIV or the value of the
underlying foreign currency occurs. If the interruption to the
calculation or wide dissemination of the IIV or the value of the
underlying foreign currency persists past the trading day in which it
occurred, the Exchange would halt trading no later than the beginning
of the trading day following the interruption.
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    \25\ See NYSE Arca Equities Rule 7.12 (Trading Halts Due to
Extraordinary Market Volatility).
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    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products to monitor trading in the
Shares. The Exchange represents that these procedures are adequate to
properly monitor Exchange trading of the Shares in all trading sessions
and to deter and detect violations of Exchange rules. The Exchange's
current trading surveillance focuses on detecting when securities trade
outside their normal patterns. When such situations are detected,
surveillance analysis follows and investigations are opened, where
appropriate, to review the behavior of all relevant parties for all
relevant trading violations. The Exchange may also obtain information
via the Intermarket Surveillance Group (``ISG'') from other exchanges
that are members or affiliate members of ISG. Specifically, the
Exchange can obtain key trading information from Phlx in connection
with foreign currency options trading and from CME in connection with
foreign currency futures trading.\26\ Furthermore, the Exchange states
that the Shares are subject to NYSE Arca Equities Rule 8.202(g)-(i),
which set forth certain restrictions on ETP Holders\27\ acting as
registered market makers in the Shares to facilitate surveillance. The
Exchange also has a general policy prohibiting the distribution of
material, non-public information by its employees.
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    \26\ The Exchange states that Phlx is a member of ISG and CME is
an affiliate member of ISG.
    \27\ An ETP Holder is a registered broker or dealer that has
been issued an Equity Trading Permit (ETP) by NYSE Arca Equities.
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    Prior to listing and trading the Shares, the Exchange will inform
its ETP Holders in an Information Bulletin (``Bulletin'') of the
special characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (a) The
procedures for purchases and redemptions of Shares in Baskets (and that
Shares are not individually redeemable); (b) NYSE Arca Equities Rule
9.2(a), which imposes a duty of due diligence on its ETP Holders to
learn the essential facts relating to every customer prior to trading
the Shares; (c) how information regarding the IIV and applicable
foreign currency values is disseminated; (d) the requirement that ETP
Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (e) other trading information.
    In addition, the Bulletin will reference that the Trust is subject
to various fees and expenses, the number of units of the applicable
foreign currency required to create a Basket or to be delivered upon
redemption of a Basket may gradually decrease over time in the event
that a Trust is required to withdraw or sell units of foreign currency
to pay the Trust's expenses, and that if done at a time when the price
of the applicable foreign currency is relatively low, it could
adversely affect the value of the Shares, and that there is no
regulated source of last-sale information regarding foreign currency.
The Bulletin will also discuss any exemptive, no-action, and/or
interpretive relief granted by the Commission from the requirements of
the Act and any rules thereunder.\28\
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    \28\ See letter from Racquel L. Russell, Branch Chief, Office of
Trading Practices and Processing, Division of Market Regulation,
Commission, to George T. Simon, Esq., Foley & Lardner LLP, dated
June 21, 2006 (``June 21, 2006 Letter'') (granting relief from
certain rules under the Act for certain of the Trusts) and letter
from James A Brigagliano, Assistant Director, Division of Market
Regulation, Commission, to Michael Schmidtberger, Esq., Sidley
Austin Brown & Wood LLP, dated January 19, 2006 (``January 19, 2006
Letter'') (granting relief from certain rules under the Act for the
DB Commodity Index Tracking Fund). The Sponsor is relying on: (a)
The June 21, 2006 Letter regarding Rule 10a-1 under the Act (17 CFR
240.10a-1), Rule 200(g) of Regulation SHO (17 CFR 242.200(g)), and
Rules 101 and 102 of Regulation M under the Act (17 CFR 242.101 and
102); and (b) the January 19, 2006 Letter regarding Section 11(d)(1)
of the Act (15 U.S.C. 78k(d)(1)) and Rule 11d1-2 thereunder (17 CFR
240.11d1-2). In addition, the Exchange represents that the Trusts
will not be subject to the Exchange's corporate governance
requirements and the Sponsor has received guidance from the
Commission regarding the application of the certification rules for
periodic reporting under the Act. See Securities Exchange Act
Release No. 48745 (November 4, 2003), 68 FR 64154 (November 12,
2003) (SR-NYSE-2002-33, et al.) (noting that the corporate
governance standards will not apply to, among others, passive
business organizations in the form of trusts). See also Securities
Exchange Act Release No. 47654 (April 29, 2003), 68 FR 18788 (April
16, 2003) (File No. S7-02-03) (noting that SROs may exclude from
Rule 10A-3's requirements issuers that are organized as trusts or
other unincorporated associations that do not have a board of
directors or persons acting in a similar capacity and whose
activities are limited to passively owning or holding securities,
rights, collateral, or other assets on behalf of or for the benefit
of the holders of the listed securities).
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2. Statutory Basis
    The proposal is consistent with section 6(b) of the Act,\29\ in
general, and section 6(b)(5) of the Act,\30\ 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 mechanism of a free and open market and a national market system.
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    \29\ 15 U.S.C. 78f(b).
    \30\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purpose of the Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2007-57 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2007-57. This
file number should be included on the subject line if e-mail 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 Web site (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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2007-57 and should
be submitted on or before August 22, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\31\ In particular, the Commission finds that the proposed
rule change is consistent with section 6(b)(5) of the Act,\32\ which
requires that an exchange have rules designed, among other things, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Commission notes that it previously approved the original
listing and trading of the Shares on NYSE, and the instant proposal is
substantively identical to the previous NYSE proposals.\33\
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    \31\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \32\ 15 U.S.C. 78f(b)(5).
    \33\ See supra note 5.
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    The Commission further believes that the proposal is consistent
with section 11A(a)(1)(C)(iii) of the Act,\34\ which sets forth
Congress' finding that it is in the public interest and appropriate for
the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Quotations and last sale price information for the Shares
are disseminated over the Consolidated Tape.\35\ The Trust disseminates
the foreign currency spot prices for each of the Trusts and the IIV per
Share at least every 15 seconds on its Web site during the Opening,
Core Trading, and Late Trading Sessions of the Exchange. In addition,
the Sponsor publishes the NAV and NAV per Share for each Trust on each
day that the Exchange is open for regular trading on the Trusts' Web
site. Investors may obtain on a 24-hour basis foreign currency pricing
information based on the foreign currency spot price of each applicable
foreign currency from various financial information service providers.
Current spot prices are also generally available with bid/ask spreads
from foreign exchange dealers. In addition, the Trusts' Web site
provides ongoing pricing information for the applicable foreign
currency spot prices and the Shares. The Exchange represents that
complete, real-time data for foreign currency futures and options
prices traded on CME and Phlx are also available by subscription from
information service providers. CME and Phlx also provide delayed
futures and options information on current and past trading sessions
and market news free of charge on their respective Web sites. There are
a variety of other public Web sites available at no charge that provide
information on the foreign currencies underlying the Shares, including
spot price or currency conversion information about the foreign
currencies. In addition, the Trusts' Web site provides the following
information: (1) The spot price for each applicable foreign currency,
including the bid and offer and the midpoint between the bid and offer
for the foreign currency spot price, updated every 5 to 10 seconds; (2)
a delayed IIV (subject to a 20 minute delay), which is used for
calculating premium/discount information; (3) premium/discount
information, calculated on a 20 minute delayed basis; (4) accrued
interest per Share; (5) the daily Federal Reserve Bank of New York Noon
Buying Rate; (6) the Basket Amount for each applicable foreign
currency; and (7) the last sale price of the Shares as traded in the
U.S. markets, subject to a 20-minute delay. The Exchange states that it
will provide on its own Web site a link to the Trusts' Web site.
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    \34\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \35\ See supra note 12 and accompanying text.
---------------------------------------------------------------------------

    Furthermore, the Commission believes that the proposal to list and
trade the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately.
The Commission notes that the Sponsor has represented that, prior to
listing, the NAV for each Trust would be calculated daily and made
available to all market participants at the same time.\36\ NYSE Arca
Equities Rule 8.202(i) provides that, in connection with trading in the
applicable foreign currency, options, futures or options on futures on
such currency, or any other derivatives based on such currency,
including Currency Trust Shares, an ETP Holder acting as a Market Maker
(as defined in NYSE Arca Equities Rule 1.1(u)) in the Shares is
restricted from using any material non-public information received from
any person associated with such ETP Holder who is trading such foreign
currency, options, futures or options on futures on such currency, or
any other derivatives

based on such currency. In addition, NYSE Arca Equities Rule 8.202(g)
prohibits an ETP Holder acting as a registered Market Maker in the
Shares from being affiliated with a market maker in the applicable
foreign currency, options, futures or options on futures on such
currency, or any other derivatives based on such currency, unless
adequate information barriers are in place, as provided in NYSE Arca
Equities Rule 7.26.
---------------------------------------------------------------------------

    \36\ See supra note 15.
---------------------------------------------------------------------------

    The Commission also believes that the Exchange's trading halt rules
are reasonably designed to prevent trading in the Shares when
transparency is impaired. NYSE Arca Equities Rule 8.202(e)(2) provides
that, when the Exchange is the listing market, if the value of the
underlying foreign currency or IIV is no longer calculated or available
on at least a 15-second delayed basis, the Exchange would consider
suspending trading in the Shares.\37\ NYSE Arca Equities Rule
8.202(e)(2) also provides that the Exchange may seek to delist the
Shares in the event the value of the applicable foreign currency or IIV
is no longer calculated or available as required.
---------------------------------------------------------------------------

    \37\ See supra note 22.
---------------------------------------------------------------------------

    The Commission further believes that the trading rules and
procedures to which the Shares will be subject pursuant to this
proposal are consistent with the Act. The Exchange has represented that
any securities listed pursuant to this proposal will be deemed equity
securities, and subject to existing Exchange rules governing the
trading of equity securities.
    In support of this proposal, the Exchange has made the following
representations:
    (1) The Exchange represents that it intends to utilize its existing
surveillance procedures applicable to derivative products to monitor
trading in the Shares and that such procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules. The Exchange may obtain
information via ISG from other exchanges who are members or affiliates
of ISG. Specifically, the Exchange can obtain such information from
Phlx in connection with foreign currency options trading on Phlx and
from CME in connection with foreign currency futures trading on CME.
    (2) The Exchange represents that if the interruption to the
calculation or wide dissemination of the value of the underlying
foreign currency or IIV persists past the trading day in which it
occurred, the Exchange would halt trading no later than the beginning
of the trading day following the interruption.
    (3) Prior to listing and trading the Shares, the Exchange
represents that it will inform its ETP Holders in the Bulletin of the
special characteristics and risks associated with trading the Shares.
    This approval order is based on the Exchange's representations.
    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. As noted above, the Commission previously approved
the original listing and trading of the Shares on NYSE and the trading
of the Shares pursuant to UTP on the Exchange.\38\ The Commission
presently is not aware of any regulatory issue that should cause it to
revisit those findings or would preclude the listing and trading of the
Shares on the Exchange. Accelerating approval of this proposed rule
change would allow the Shares to be listed on the Exchange without
undue delay and continuously traded without interruption, to the
benefit of investors.
---------------------------------------------------------------------------

    \38\ See supra notes 5 and 6.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\39\ that the proposed rule change (SR-NYSEArca-2007-57) be, and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\40\
---------------------------------------------------------------------------

    \40\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-14836 Filed 7-31-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Proposed Rules]
[Page 8699]
[FR Doc No: 2011-3260]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 229 and 238

[Docket Nos. FRA-2009-0094 and FRA-2009-0095, Notice No. 2]
RIN 2130-AC16

Locomotive Safety Standards; Correction

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Proposed rule; correction.

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

SUMMARY: FRA is notifying the public that the correct docket number for
the Locomotive Safety Standards notice of proposed rulemaking (NPRM) is
FRA-2009-0094. The NPRM issued on January 12, 2011, incorrectly
identified docket number FRA-2009-0095 as the public docket for this
rulemaking proceeding. FRA is requesting that all comments related to
this proceeding be submitted to FRA-2009-0094.

DATES: The comment date for the proposed rule published January 12,
2011, at 76 FR 2200, remains March 14, 2011.

FOR FURTHER INFORMATION CONTACT: Michael Masci, Trial Attorney, Office
of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., Washington, DC
(telephone<PHONE_NUMBER>).

ADDRESSES: Comments: Comments related to Docket No. FRA-2009-0094, may
be submitted by any of the following methods: Web Site: Federal
eRulemaking Portal, http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: Room W12-140 on the Ground level of the
West Building, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
between 9 a.m. and 5 p.m. Monday through Friday, except Federal
holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to http://www.regulation.gov including any personal information.
FRA wishes to inform all potential commenters that anyone is able to
search the electronic form of all comments received into any agency
docket by the name of the individual submitting the comment (or signing
the comment, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit http://dms.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
Room W12-140 on the Ground level of the West Building, 1200 New Jersey
Avenue, SE., Washington, DC between 9 a.m. and 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On January 12, 2011, FRA published an NPRM
related to locomotive safety standards. See 76 FR 2200. The NPRM
established a public docket to receive comments in response to FRA's
proposal related to locomotive safety standards. That NPRM mistakenly
lists FRA-2009-0095 (``incorrect docket'') as the docket number for the
NPRM. The correct docket number for this proceeding is FRA-2009-94
(``correct docket''). FRA requests that comments to the NPRM be
submitted to the correct docket.
    Comments submitted to the incorrect docket will be fully considered
as part of the locomotive safety standards rulemaking. Because the
incorrect docket is listed in the January 12, 2011, Federal Register
document issuing the NPRM, comments submitted to the incorrect docket
will remain valid. FRA will transfer all comments and information that
are received in the incorrect docket to the correct docket. As such,
interested parties that wish to read comments to the NPRM should access
docket FRA-2009-0094 to locate the comments.

    Issued in Washington, DC, on February 9, 2011.
Robert Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-3260 Filed 2-14-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2858-2859]
[FR Doc No: 2016-00813]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-701-000]

CPV Valley, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
CPV Valley, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 1, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by

clicking on the appropriate link in the above list. They are also
available for electronic 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 email notification when a document
is added to a subscribed docket(s). For assistance with any FERC Online
service, please email<EMAIL_ADDRESS>or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 12, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-00813 Filed 1-15-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Rules and Regulations]
[Pages 55691-55692]
[FR Doc No: 2012-22270]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0539; Airspace Docket No. 12-ANM-10]

Establishment of Class E Airspace; Circle Town, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Circle Town County
Airport, Circle Town, MT to accommodate aircraft using new Area
Navigation (RNAV) Global Positioning System (GPS) standard instrument
approach procedures at Circle Town County Airport. This improves the
safety and management of Instrument Flight Rules (IFR) operations at
the airport.

DATES: Effective date, 0901 UTC, November 15, 2012. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On July 5, 2012, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to establish controlled airspace at
Circle Town, MT (77 FR 39651). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. The FAA received one comment from the National
Business Aviation Association (NBAA).
    The NBAA recommended the FAA lower some of the adjacent Class E
airspace extending upward from 14,500 feet Mean Sea Level (MSL) to the
east, south and west of the airport down to 1,200 feet above the
surface to accommodate orderly en route descent into the airport. The
NBAA is also concerned that the Minimum Instrument Flight Rules
Altitude (MIA) outside the 1,200 feet above the surface would affect
air traffic services into the airport. Finally, the commenter points
out that extending the Class E 1,200-foot area would provide relief to
Salt Lake City Air Route Traffic Control Center (ARTCC).
    The FAA believes that lowering this airspace is outside the scope
of this rulemaking at this time, and would not serve the immediate
purpose of establishing the airspace necessary for the safety of
aircraft within the Circle Town, MT, airport area.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E airspace extending upward from 700 feet
above the surface, at Circle Town County Airport, to accommodate IFR
aircraft executing new RNAV (GPS) standard instrument approach
procedures at the airport. This action is necessary for the safety and
management of IFR operations.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes
controlled airspace at Circle Town County Airport, Circle Town, MT.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM MT E5 Circle Town, MT [New]

Circle Town County Airport
    (Lat. 47[deg]25'06'' N., long. 105[deg]33'39'' W.)

    That airspace extending upward from 700 feet above the surface
within 12.1-mile radius of the Circle Town County Airport; that
airspace extending upward from 1,200 feet above the surface bounded
by a line beginning at lat. 47[deg]59'00'' N., long. 106[deg]16'00''
W.; to lat. 47[deg]49'00'' N., long. 105[deg]59'00'' W.; to lat.
47[deg]49'00'' N., long. 105[deg]24'00'' W.; to lat. 47[deg]40'00''
N., long. 105[deg]26'00'' W.; to lat. 47[deg]25'00'' N., long.
105[deg]00'00'' W.; to lat. 47[deg]05'00'' N., long. 105[deg]25'00''
W., to lat. 47[deg]22'00'' N., long. 106[deg]06'00'' W.; to lat.
47[deg]27'00'' N., long. 106[deg]17'00'' W.; to lat. 47[deg]50'00''
N., long. 106[deg]26'00'' W.; thence to the point of origin.

    Issued in Seattle, Washington on August 30, 2012.
Steven L. Vale,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-22270 Filed 9-10-12; 8:45 am]
BILLING CODE 4910-13-P


From:
<EMAIL_ADDRESS><EMAIL_ADDRESS>Sent:
Wednesday, March 23, 2016 2:22 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Cc:
<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>Smith, Patrick<EMAIL_ADDRESS>Subject:
Re: need owner\s name for letter

Dr Jones,

The Middletown Works coke plant and the Follansbee coke plant are owned by separate corporate entities.  The Middletown Works coke plant is an asset of AK Steel Corporation.  The Follansbee coke plant is an asset of Mountain State Carbon, LLC, which is a subsidiary of SNA Carbon, LLC, which is a subsidiary of AK Steel Corporation.  Therefore, it would seem that separate letters should be sent.  Following are addresses to use for the letters:

Katie Kistler
AK Steel Corporation
9227 Centre Pointe Drive
West Chester, Ohio 45069
(Please also send a copy to Jim Kemp at Middletown Works: 1801 Crawford Street, Middletown, OH)

Patrick Smith
Mountain State Carbon, LLC
1851 Main Street
Follansbee, WV

Thanks.

Katie Kistler
Environmental Manager of Air Programs
AK Steel Corporate Office
513-425-2972 Phone
513-519-9822 Cell
513-425-2635 Fax

From:        "Jones, DonnaLee"<EMAIL_ADDRESS>To<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>
Cc:        GABRIELLE RAYMOND<EMAIL_ADDRESS>Date:        03/22/2016 05:26 PM
Subject:        need owner\s name for letter

Hi. Whose name should go on the letter to AK Steel? We will send a copy to both Patrick Smith and James Kemp but I need to send just one letter listing both of the coke facilities. I plan to use the main address at 9227 Center Pointe West Chester OH. Thanks

_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.


[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7659-7661]
[FR Doc No: 2015-02747]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74209; File No. SR-NYSEMKT-2015-09]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Part 8 of the NYSE MKT
Company Guide to (i) Require the Chief Executive Officers of Listed
Companies to Provide Annual Certification with Respect to the Company's
Compliance with the Requirements of Part 8 of the Company Guide, (ii)
Require Listed Companies to Submit Annual and Interim Written
Affirmations, and (iii) Make Certain Other Clarifying Changes

 February 5, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on February 3, 2015, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
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 Part 8 of the NYSE MKT Company Guide
(the ``Company Guide'') to (i) require the chief executive officers
(each, a ``CEO'') of listed companies to provide annual certification
with respect to the company's compliance with the requirements of Part
8 of the Company Guide, (ii) require listed companies to submit annual
and interim written affirmations, and (iii) make certain other
clarifying changes. The text of the proposed rule change is available
on the Exchange's Web site 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
    NYSE MKT proposes to amend Part 8 of the Company Guide to (i)
require the CEOs of listed companies to provide annual certification
with respect to the company's compliance with the requirements of Part
8 of the Company Guide, (ii) require listed companies to submit annual
and interim written affirmations, and (iii) make certain other
clarifying changes. Part 8 of the Company Guide sets forth the
Exchange's requirements with respect to listed company corporate
governance, including majority board independence, independence
requirements for audit committee and compensation committee members,
and that executive compensation and director nominations must be under
the jurisdiction of fully independent compensation and nominating
committees or be determined by a majority of the independent directors
acting as a group.
    The Exchange proposes to add a new Section 810(a) to Part 8 of the
Company Guide that would require each listed company CEO, subject to
certain exceptions discussed below, to certify to the Exchange each
year that he or she is not aware of any violation by the listed company
of the NYSE MKT corporate governance listing standards set forth in
Part 8 of the Company Guide, qualifying the certification to the extent
necessary to reflect any violations of which the CEO is aware. A blank
copy of the CEO certification form required by Section 810(a) will be
posted on the Exchange's Web site.
    The Exchange proposes to add a new Section 810(b) to Part 8 of the
Company Guide that would require each listed company CEO to promptly
notify the Exchange in writing after any executive officer of the
listed company becomes aware of any noncompliance with any applicable
provisions of Part 8.
    The Exchange proposes to add a new Section 810(c) to Part 8 of the
Company Guide that would require each listed company to submit an
executed written affirmation of compliance with Part 8 of the Company
Guide annually to the Exchange. In addition, each listed company would
be required to promptly submit an interim written affirmation after
becoming aware of any noncompliance with Part 8 of the Company Guide or
in the event of any change in the composition of its board of directors
or the audit, compensation or nominating committees thereof. If the
interim written affirmation relates to noncompliance with Part 8 of the
Company Guide and is being submitted to the Exchange to satisfy the
notice requirement of Section 810(b), it must be signed by the
company's CEO. Blank copies of the affirmation forms required by
Section 810(c) will be posted on the Exchange's Web site.
    The Exchange believes that the proposed additions to Part 8 of the
Company Guide will focus the CEO and senior management of listed
companies on compliance with the Exchange's corporate governance
requirements. Commentary to the proposed Section 810(a) would include a
statement to this effect. The Exchange notes that proposed Section 810
is comparable to Section 303A.12 of the NYSE Listed Company Manual and
that part of the rationale for adopting proposed Section 810 is to
harmonize NYSE MKT's requirements more closely with those of the NYSE,
as the two exchanges are under common ownership and regulated by the
same staff in NYSE Regulation.
    With certain exceptions noted below, Part 8 of the Company Guide is
generally not applicable to asset-backed issuers and other passive
business organizations (such as royalty trusts) or to derivatives and
special purpose securities listed pursuant to Exchange Rules 1000, and
1200 and Sections 106, 107 and 118B as well as to issuers that only
have debt or preferred stock listed on the Exchange. However, to the
extent Rule 10A-3 under the Act requires such issuers to comply with
Section 803 of the Company Guide, the Exchange proposes to amend
Sections 801(c) and 801(g) to clarify that such issuers must also
comply with new Sections 810(b) and 810(c). Because such issuers need
only comply with Section 803 to the extent required by Rule 10A-3 under
the Act, the Exchange will be able to obtain all relevant information
to

monitor their compliance via the submissions required by Sections
810(b) and 810(c). In the Exchange's view, it is therefore not
necessary to subject such issuers to Section 810(a). Section 801(d)
would be amended to clarify that registered management investment
companies (including closed-end funds and open-end funds) would be
subject to proposed Section 810. Section 801(f) would be amended to
make clear that foreign issuers would be subject to Section 810,
notwithstanding any exemptions from the requirements of Part 8 they may
receive pursuant to Section 110.
    The Exchange also proposes to amend Section 801 to delete the text
which provides that each listed company must provide prompt
notification to the Exchange after an executive officer of the listed
company becomes aware of any material noncompliance by the listed
company with the applicable requirements specified or referenced in
Part 8. This text would be redundant upon adoption of proposed Section
810(b), which contains a comparable requirement that the Exchange be
provided with prompt notification of any noncompliance with the
applicable provisions of Part 8 of the Company Guide, although Section
810(b) will require that a company's CEO provide this notification
while the current rule only states that it be provided by the listed
issuer. The Exchange proposes to delete a similar redundant
notification requirement from Section 802(b).
    The Exchange proposes to amend Section 801(d) to correct an
erroneous cross-reference. The reference to Section 803B(5) is amended
to refer to Section 803B(4), which is the section containing the
provision referenced in Section 801(d) (i.e., requiring audit
committees for investment companies to establish procedures for the
confidential, anonymous submission of concerns regarding questionable
accounting or auditing matters by employees of the investment adviser,
administrator, principal underwriter, or any other provider of
accounting related services for the investment company, as well as
employees of the investment company). Also, the Exchange proposes to
amend Section 801(d) to clarify that, in addition to Section 803B(1) as
the rule currently states, closed end funds are subject to Section
803B(4) and to any of the other provisions of Section 803 to the extent
required by Rule 10A-3 under the Exchange Act.
    Finally, the Exchange proposes to amend Section 803(B)(1)(b) to
correct an obsolete reference. Specifically, the Exchange proposes to
delete the reference to Independence Standards Board Standard 1 and
replace it with a reference to The Public Company Accounting Oversight
Board Rule 3526 which has superseded the deleted text.\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 58415 (August 22,
2008), 73 FR 50843 (August 28, 2008) (PCAOB-2008-03).
---------------------------------------------------------------------------

    The Exchange proposes to implement the changes discussed herein on
February 4, 2015.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \5\ of the Act, in general, and furthers the
objectives of Section 6(b)(5) \6\ of the Act, in particular in that it
is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
The Exchange believes that the proposed amendment is consistent with
the investor protection objectives of the Act in that its purpose is to
enable the Exchange's regulatory staff to more effectively monitor
listed companies' compliance with the Exchange's corporate governance
requirements as an integral part of the Exchange's responsibilities as
a self-regulatory organization and to encourage companies to focus more
thoroughly on their compliance with the applicable requirements.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 purpose of the Act. The Exchange notes that the
proposed amendments to Part 8 of the Company Guide are comparable in
substance to Section 303A.12 of the NYSE Listed Company Manual and are
designed to permit the Exchange's regulatory staff to more effectively
monitor listed companies' compliance with the Exchange's corporate
governance requirements. Because the purpose of the proposed amendment
is to adopt corporate governance affirmation requirements comparable to
those of the NYSE, the Exchange does not believe that the proposed rule
change will impose any burden on competition.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ 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 Exchange
believes that the proposal will enable its regulatory staff to more
effectively monitor listed companies' compliance with the Exchange's
corporate governance requirements and will also encourage companies to
focus more thoroughly on their fulfillment of these requirements. The
Commission believes that advancing these goals benefits investors and
serves the public interest by helping assure that listed companies
adhere to sound governance practices. The Commission further notes that
the Exchange's proposed approach to monitoring listed companies'

compliance is comparable, though not identical, to the approach used by
the New York Stock Exchange. Thus the Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the operative delay and designates the proposed rule change
operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEMKT-2015-09 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-NYSEMKT-2015-09. 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 Web site (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 Web site 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 NYSE's principal office and on its
Internet Web site at www.nyse.com. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEMKT-2015-09 and should be submitted on or before
March 4, 2015.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Brent J. Fields,
Secretary.
[FR Doc. 2015-02747 Filed 2-10-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 10953-10955]
[FR Doc No: 2021-03584]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10017-77-OMS]

Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support (OMS), Environmental Protection
Agency (EPA).

ACTION: Notice of a new system of records.

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

SUMMARY: The U.S. Environmental Protection Agency's (EPA), Office of
Mission Support (OMS) is giving notice that it proposes to create a new
system of records pursuant to the provisions of the Privacy Act of 1974
(Privacy Act). The Online Library System (OLS) is being created as a
data management system that allows the EPA to collect, store, retrieve
and upload data about the collection of the libraries within the EPA
National Library Network. The Circulation module of OLS collects
Personally Identifiable Information (PII) that is subject to the
Privacy Act.

DATES: Persons wishing to comment on this system of records notice must
do so by March 25, 2021. Routine uses for this new system of records
will be effective March 25, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No.OMS-2019-
0646, by one of the following methods:
    Regulations.gov: www.regulations.gov. Follow the online
instructions for submitting comments.
    Email<EMAIL_ADDRESS>    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 hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. OMS-2019-0646.
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
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 www.regulations.gov.
The www.regulations.gov website is an ``anonymous access'' system for
EPA, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. Each
agency determines submission requirements within their own internal
processes and standards. EPA has no requirement of personal
information. If you send an email comment directly to the EPA without
going through 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. 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. 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 http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
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 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<PHONE_NUMBER>, and
the telephone number for the OMS Docket is<PHONE_NUMBER>.
    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: Deborah Balsamo, OMS, Office of
Enterprise Information Programs, 109 T.W. Alexander Dr., Mail code
N127-05, Research Triangle Park, NC 27709<EMAIL_ADDRESS>
(919) 541-9412.

SUPPLEMENTARY INFORMATION: OLS is a data management system that serves
the EPA National Library Network. OLS is comprised of the National
Library Catalog database and four operations modules: Serials
Management, to track library subscriptions; Dispersals Management, to
track the removal of library materials from their collections; Catalog
Maintenance, which allows libraries to manage their specific library
holdings records; and Circulation Management, which allows authorized
library staff to register individuals who wish to borrow materials held
in the library and track borrowed materials. The National Library
Catalog database allows individuals to search for materials available
in the collections of the 24 libraries within the EPA National Library
Network. While the library holdings records in the National Library
Catalog are accessible by the public, the operations and records
management tools of the four modules are solely maintained by
authorized library staff. The Circulation Management module is the only
module of OLS that collects and uses PII that is also Privacy Act
information.

SYSTEM NAME AND NUMBER:
    Online Library System (OLS)--EPA-82.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    OLS is owned by the Office of Mission Support (OMS) and hosted at
the EPA's National Computer Center at Research Triangle Park, NC. OMS
Headquarters is located at Environmental Protection Agency (EPA), 1301
Constitution Ave. NW, Washington, DC 20460. The EPA's National Computer
Center is at 109

Alexander Drive, Research Triangle Park, NC 27709.

SYSTEM MANAGER(S):
    Deborah Balsamo, National Program Manager, OMS, Office of
Enterprise Information Programs, 109 T.W. Alexander Dr., Research
Triangle Park, NC 27709, Mail code N127-05<EMAIL_ADDRESS>
(919) 541-9412.

AUTHORITY FOR MAINTENANCE OR THE SYSTEM:
    5 U.S.C. 301 ``Departmental Regulations,'' 44 U.S.C. 3101 ``Records
Management by Federal Agency Heads.''

PURPOSE(S) OF THE SYSTEM:
    OLS is the data management system that serves to enable and enhance
operations of the libraries in the EPA National Library Network.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who register to borrow materials from the Library can
be EPA employees, EPA contractors, and non-EPA individuals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Circulation data consists of descriptive information about the
library materials each patron has requested. Patron data consists of
category (EPA employee, contractor, general public), name, optional
address, email address, and optional phone number (for EPA staff and
contractors these data consist only of work address, work email, work
phone number, EPA office, and project officer (for contractors)).

RECORD SOURCE CATEGORIES:
    The information for establishing a patron record in the Circulation
module is obtained from the patron themselves and entered into the
system by authorized library staff. There are three mandatory fields
(name, email, office/division). If a requestor does not have an office
the librarian can enter (N/A or none).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    The following routine uses apply to this system because the use of
the record is necessary for the efficient conduct of government
operations. The routine uses are related to and compatible with the
original purpose for which the information was collected. The last two
routine uses are required under OMB M-17-12.
    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
ligation 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 EPA employees, 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 requirement 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).
    L. Disclosure to Persons or Entities in Response to an Actual of
Suspected 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained electronically on secure password
protected servers. The secure servers and storage system reside in the
National Computer Center's second floor computer room, 109 T.W.
Alexander Drive, Research Triangle Park, NC 27709. Backups reside on a
backup disk-based appliance and are replicated daily to an EPA-approved
offsite location at Room S4730, 2777 Crystal Drive, Arlington, VA
22202.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by patron's first and last name, email
address, and system-generated unique patron ID. Records are only
retrievable by authorized library employees (who are EPA employees and
contractors). These authorized library employees may only access patron
data for the library at which the library employee works. The OLS
Database Administrator, a library contractor, has access to all records
in the OLS system and its modules.

 POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    EPA will retain and dispose of these records in accordance with the
National Archives and Records Administration General Records Schedule.
OMS has established EPA record schedule 0088 for OLS. Records will be
deleted or destroyed when the Agency determines they are no longer
needed for administrative, legal, audit, or other purposes. The
schedule provides disposal authorization for electronic files and hard
copy printouts created to monitor system usage, including log-in files,
audit trail files, and system usage files. EPA will delete or destroy
records when it determines they are no longer needed for
administrative, legal, audit, or other purposes.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    EPA uses security controls to protect PII/Privacy Act information
in OLS commensurate with controls required for an information system
rated moderate for confidentiality, integrity, and availability, as
prescribed in NIST Special Publication, 800-53, ``Recommended Security
Controls for Federal Information Systems,'' Revision 4.
    Administrative Safeguards: EPA employees and contractors must
complete annual agency training for Information Security and Privacy.
EPA instructs contractors and employees to lock and secure their
computers when unattended.
    Technical Safeguards: The OLS Database Administrator, a library
contractor, establishes authorized library employees upon request of
the local library manager (EPA staff). Permission level assignments
allow authorized users to access only those functions and records
specific to the module they are using and their local library. EPA also
has technical security measures including restrictions on computer
access to authorized individuals and required use of a personal
identity verification (PIV) card and password.
    Physical Safeguards: EPA equipment used for OLS is located in a
secure area of the National Computer Center, 109 T.W. Alexander Drive,
Research Triangle Park, NC 27709.

RECORD ACCESS PROCEDURES:
    EPA requires individuals seeking access to information in this
system of records about themselves to provide adequate identification
documentation (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 regulations that implement the Privacy Act
of 1974, at 40 CFR part 16.

CONTESTING RECORD PROCEDURES:
    Any individual who requests correction or amendment of OLS records
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 wishes to know whether this system of records
contains a record about themselves, and to obtain a copy of any such
record(s), should make a written request to the Attn: Agency Privacy
Officer, MC 2831T, 1200 Pennsylvania Ave. NW, Washington, DC 20460,
<EMAIL_ADDRESS>
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-03584 Filed 2-22-21; 8:45 am]
BILLING CODE 6560-50-P