Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 71041 

1E.O. 14096, Revitalizing Our Nations 

Commitment to Environmental Justice for All, 88 

FR 25, 351 (Apr. 26, 2023); White House Fact Sheet 

(Apr. 21, 2023). 

39 CFR 3035.105; Public Representative: 

Jennaca D. Upperman; Comments Due: 

October 13, 2023. 

This Notice will be published in the 

Federal Register. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2023–22628 Filed 10–12–23; 8:45 am] 

BILLING CODE 7710–FW–P 

OFFICE OF SCIENCE AND 

TECHNOLOGY POLICY 

Request for Information To Support 

the Development of a Federal 

Environmental Justice Science, Data, 

and Research Plan 

AGENCY: Office of Science and 

Technology Policy (OSTP). 

ACTION: Notice of request for 

information (RFI). 

SUMMARY: The Office of Science and 

Technology Policy (OSTP) seeks 

information to assist in developing a 

coordinated Federal strategy to identify 

and address gaps in science, data, and 

research related to environmental 

justice. Information received through 

this RFI will inform the biennial 

Environmental Justice Science, Data, 

and Research Plan. 

DATES: Interested persons and 

organizations are invited to submit 

comments on or before December 12, 

2023. 

ADDRESSES: Interested individuals and 

organizations should submit comments 

electronically via regulations.gov. Due 

to time constraints, mailed paper 

submissions will not be accepted, and 

electronic submissions received after 

the deadline may not be incorporated or 

taken into consideration. 

Instructions: Federal eRulemaking 

Portal: Go to www.regulations.gov to 

submit your comments electronically. 

Information on how to use 

Regulations.gov, including instructions 

for accessing agency documents, 

submitting comments, and viewing the 

docket, is available on the site under 

‘‘FAQ’’ (https://www.regulations.gov/ 

faq). 

Privacy Note: OSTP’s policy is to 

make all comments received from 

members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available. OSTP requests that 

no proprietary information, copyrighted 

information, or personally identifiable 

information be submitted in response to 

this RFI. 

Response to this RFI is voluntary. 

Each responding entity (individual or 

organization) is requested to submit 

only one response. The National 

Science and Technology Council 

Environmental Justice Subcommittee 

welcomes any responses to inform and 

guide the work of the subcommittee. 

Please feel free to respond to as many 

prompts as you choose, indicating the 

section number and question letter 

being addressed. Responses are 

encouraged to include the name of the 

person(s) or organization(s) filing the 

comment, and may also include the 

respondent type (e.g., academic, nonprofit, professional society, communitybased organization, industry, trainee/ 

student, member of the public, 

government, other). Respondent’s role 

in the organization may also be 

provided (e.g., researcher, faculty, 

student, program manager, journalist) 

on a voluntary basis. Additionally, 

please include the Docket ID at the top 

of your comments. 

Comments containing references, 

studies, research, and other empirical 

data that are not widely published 

should include copies or electronic 

links of the referenced materials. Please 

note that the U.S. Government will not 

pay for response preparation, or for the 

use of any information contained in the 

response. A response to this RFI will not 

be viewed as a binding commitment to 

develop or pursue the project or ideas 

discussed. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please direct 

questions to Dr. Kristi Pullen Fedinick, 

OSTP Assistant Director of 

Environmental Justice Science and 

Technology at EJ@ostp.eop.gov. or via 

phone at (202) 881–9335. 

SUPPLEMENTARY INFORMATION: On April 

21, 2023, President Biden signed 

Executive Order (E.O.) 14096 to 

revitalize our nation’s commitment to 

environmental justice for all.1 As set 

forth in section 2 of E.O. 14096, 

‘‘Environmental justice’’ means the just 

treatment and meaningful involvement 

of all people, regardless of income, race, 

color, national origin, Tribal affiliation, 

or disability, in agency decision-making 

and other Federal activities that affect 

human health and the environment so 

that people: (i) are fully protected from 

disproportionate and adverse human 

health and environmental effects 

(including risks) and hazards, including 

those related to climate change, the 

cumulative impacts of environmental 

and other burdens, and the legacy of 

racism or other structural or systemic 

barriers; and (ii) have equitable access to 

a healthy, sustainable, and resilient 

environment in which to live, play, 

work, learn, grow, worship, and engage 

in cultural and subsistence practices. 

To address the need for a coordinated 

Federal strategy to identify and address 

gaps in science, data, and research 

related to environmental justice, Section 

5 of E.O. 14096 directs the Director of 

the Office of Science and Technology 

Policy (OSTP) to establish an 

Environmental Justice Subcommittee of 

the National Science and Technology 

Council (Environmental Justice 

Subcommittee). As directed by the E.O., 

the Environmental Justice 

Subcommittee is preparing an 

Environmental Justice Science, Data, 

and Research Plan (Research Plan) to: 

(A) analyze any gaps and 

inadequacies in data collection and 

scientific research related to 

environmental justice, with a focus on 

gaps and inadequacies that may affect 

agencies’ ability to advance 

environmental justice, including 

through the Environmental Justice 

Strategic Plans required under section 4 

of E.O. 14096; 

(B) identify opportunities for agencies 

to coordinate with the research efforts of 

State, Tribal, territorial, and local 

governments; academic institutions; 

communities; the private sector; the 

non-profit sector; and other relevant 

actors to accelerate the development of 

data, research, and techniques— 

including consideration of Indigenous 

Knowledge—to address gaps and 

inadequacies in data collection and 

scientific research that may affect 

agencies’ ability to advance 

environmental justice; 

(C) provide recommendations to 

agencies on the development and use of 

science, data, and research to support 

environmental justice policy and the 

agency responsibilities outlined in 

section 3 of the E.O.; 

(D) provide recommendations to the 

Chair of the White House Council on 

Environmental Quality (CEQ) on data 

sources to include in the Climate and 

Economic Justice Screening Tool 

established pursuant to section 222(a) of 

Executive Order 14008; 

(E) provide recommendations to 

agencies on ethical standards, privacy 

protections, and other requirements for 

the development and use of science, 

data, and research addressed in the 

Research Plan, including 

recommendations with respect to 


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71042 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 

2As set forth in E.O. 14096, section 3, ‘‘ ‘Federal 

activity’ means any agency rulemaking, guidance, 

policy, program, practice, or action that affects or 

has the potential to affect human health and the 

environment, including an agency action related to 

climate change. Federal activities may include 

agency actions related to: assuring compliance with 

applicable laws; licensing, permitting, and the 

reissuance of licenses and permits; awarding, 

conditioning, or oversight of Federal funds; and 

managing Federal resources and facilities. This may 

also include such activities in the District of 

Columbia and the Commonwealth of Puerto Rico, 

the Commonwealth of the Northern Mariana 

Islands, American Samoa, Guam, the U.S. Virgin 

Islands, and other Territories and possessions of the 

United States.’’ 

3https://www.whitehouse.gov/wp-content/ 

uploads/2022/12/OSTP-CEQ-IK-Guidance.pdf. 

engaging in consultation with and 

obtaining consent of Tribal Nations; and 

(F) provide recommendations to 

agencies on: 

(1) encouraging participatory science, 

such as research or data collection 

undertaken by communities or the 

public, and, as appropriate, integrating 

such science into agency decisionmaking processes; 

(2) taking steps to ensure or 

encourage, as appropriate, that 

collections of data related to 

environmental justice include data from 

the Territories and possessions of the 

United States; 

(3) improving the public accessibility 

of research and information produced or 

distributed by the Federal Government, 

including through the use of machinereadable formats, where appropriate; 

(4) disaggregating environmental risk, 

exposure, and health data by race, 

national origin, income, socioeconomic 

status, age, sex, disability, and other 

readily accessible and appropriate 

categories; 

(5) identifying and addressing data 

collection challenges related to patterns 

of historical or ongoing racial 

discrimination and bias; 

(6) analyzing cumulative impacts 

(including risks) from multiple sources, 

pollutants or chemicals, and exposure 

pathways, and accounting for nonchemical stressors and current and 

anticipated climate change; 

(7) in collaboration with Tribal 

Nations, as appropriate, collecting, 

maintaining, and analyzing information 

on consumption patterns of fish, 

wildlife, and plants related to 

subsistence and cultural practices of 

Tribal and Indigenous populations; 

(8) providing opportunities for 

meaningful engagement for 

communities with environmental justice 

concerns on the development and 

design of data collection and research 

strategies relevant to those 

communities; and 

(9) implementing sections 3–3 and 4– 

4 of Executive Order 12898 in an 

efficient and effective manner. 

Information Requested 

Respondents may provide information 

as many topics below as they choose. 

The Subcommittee on Environmental 

Justice formed under the National 

Science and Technology Council 

Committee on the Environment, cochaired by OSTP, the White House 

Council on Environmental Quality 

(CEQ), Environmental Protection 

Agency (EPA), and Department of 

Transportation (DOT), will develop an 

Environmental Justice Science, Data, 

and Research Plan. Input is welcome 

from stakeholders and members of the 

public representing all backgrounds and 

perspectives. 

To support the development of the 

Federal Environmental Justice, Science, 

Data, and Research Plan, OSTP seeks 

information on the collection and use of 

science, data, and research in Federal 

decision making, including on the 

following topics: 

1. Development and Use of Science, 

Data, and Research To Support 

Environmental Justice Policy 

a. What kinds of Federal activities 2

do you think should better include or 

consider data or research related to 

environmental justice? Are there 

specific data types of research you 

would prioritize? 

b. What are the biggest opportunities 

for advancing research and development 

to support environmental justice-related 

decision making, both within the 

Federal research programs and in 

Federal extramural grant programs? 

c. What types of data and evidence, 

including Indigenous Knowledge 3 as 

appropriate, do you find most important 

or most needed for advancing 

governmental decision-making related 

to environmental justice? 

d. What data sources should the 

Environmental Justice Subcommittee 

consider recommending to the Chair of 

CEQ for inclusion in the Climate and 

Economic Justice Screening Tool 

established pursuant to section 222(a) of 

Executive Order 14008? 

e. Please provide specific examples in 

which data have been used to improve 

conditions in communities with 

environmental justice concerns or any 

other communities? 

f. Please provide examples of data, 

research, local or Indigenous 

Knowledge, and/or science—or the lack 

thereof—that have been misused or 

misinterpreted in environmental justicerelated decisions and actions? 

2. Identifying and Addressing Data Gaps 

and Inadequacies in Data Collection 

and Scientific Research Related to 

Environmental Justice 

a. What data gaps or data collection 

challenges have you encountered 

related to patterns of historical or 

ongoing discrimination and bias (e.g., 

related to income, race, color, national 

origin, Tribal affiliation, or disability)? 

b. What datasets have you used that 

may be relevant to assessing 

environmental, health, economic, or 

environmental justice burdens or 

impacts in the U.S. Territories? 

c. What recommendations do you 

have to ensure or encourage, as 

appropriate, that collection of data 

related to environmental justice include 

data from U.S. Territories? 

3. Encouraging Participatory Science 

and Meaningful Engagement for 

Communities 

a. What role should the Federal 

government play in collecting, storing, 

and managing community-derived data, 

including information collected from 

communities with environmental justice 

concerns? 

b. What suggestions do you have for 

use of community-derived data in 

Federal decisions with varying needs for 

quality assurance, reproducibility, and 

peer review across different decision 

contexts? 

c. What are the priority decision 

contexts in which community-derived 

data should be applied? 

d. What other actions could the 

Federal government take to encourage 

use of community-generated data in 

state or local decision making? 

e. What recommendations do you 

have for encouraging, implementing, 

and institutionalizing community and/ 

or participatory science, such as 

research or data collection undertaken 

by communities or the public, and, as 

appropriate, integrating such science 

into agency decision-making processes? 

f. What practices could ensure that 

effective, respectful, and meaningful 

public engagement is built into the 

research process? 

g. What methods, processes, or 

structures do you know of for 

respectfully collecting, maintaining, and 

analyzing information with 

communities? 

h. What mechanisms of submitting 

community-derived data to the Federal 

government for use in decision-making 

would you find the most useful? 

i. What types of research strategies are 

most meaningful to you, and how do 

you prefer to be engaged in 

environmental justice research? Please 


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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 71043 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). A proposed rule change 

may take effect upon filing with the Commission if 

it is designated by the exchange as ‘‘establishing or 

changing a due, fee, or other charge imposed by the 

self-regulatory organization on any person, whether 

or not the person is a member of the self-regulatory 

organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). 

4See Securities Exchange Act Release No. 98180 

(August 21, 2023), 88 FR 58404. 

5 15 U.S.C. 78s(b)(3)(C). 

6 15 U.S.C. 78s(b)(2)(B). 

7See Securities Exchange Act Release No. 98658, 

88 FR 68770 (October 4, 2023). 

8 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

feel free, if appropriate, to indicate if 

your perspective is grounded in any 

personal experience, including any 

experiences as a member of any 

community with environmental justice 

concerns. If you are providing 

comments as a representative of a Tribal 

Nation, or as a representative of a U.S. 

Territory, or any other governmental 

entity please also feel free to note that 

as relevant to this or any other question. 

4. Ethical Standards, Privacy 

Protections, and Other Requirements for 

the Development and Use of Science, 

Data, and Research 

a. What systems or approaches to 

privacy protections, attribution, and 

ethical standards have you encountered 

or developed that have been useful in 

community-derived experiential data? 

b. What suggestions do you have on 

ethical standards, privacy protections, 

and other requirements for the 

development and use of science, data, 

and research? 

5. Research Coordination and Public 

Access to Federal Data 

a. Are there datasets not owned by the 

Federal government that you have 

utilized to help support the 

advancement of environmental justice? 

If you have used non-Federal data sets 

to advance environmental justice, which 

ones have you used and why? 

b. How can the Federal government 

better collaborate across Federal 

agencies, and partner with State, Tribal, 

territorial, and local governments, 

academic institutions, the private sector, 

the non-profit sector, and other entities 

to accelerate the development of data, 

research, and techniques to address gaps 

and inadequacies in data collection and 

scientific research that may affect 

agencies’ ability to advance 

environmental justice? 

c. What kinds of tools and resources 

would help communities and local 

decision makers better access data and 

information and address environmental 

justice in decision making? 

d. What recommendations do you 

have for improving the public 

accessibility of data and information 

produced or distributed by the Federal 

Government, including through the use 

of digital and spatial formats, where 

appropriate? 

6. Data Analysis and Methodological 

Considerations 

a. What methods do you recommend 

for disaggregating environmental risk, 

exposure, and health data by race, 

national origin, income, socioeconomic 

status, age, sex, disability, and/or other 

readily accessible and appropriate 

categories? 

b. What methods do you recommend 

for analyzing cumulative impacts 

(including risks) from multiple sources, 

pollutants or chemicals, and exposure 

pathways, and accounting for nonchemical stressors and current and 

anticipated climate change? 

c. What methods, processes, or 

structures do you recommend for 

respectfully collecting, maintaining, and 

analyzing information, in collaboration 

with Tribal Nations, on consumption 

patterns of fish, wildlife, and plants 

related to subsistence and cultural 

practices of Tribal and Indigenous 

populations? 

7. Additional Considerations 

a. Is there anything else you would 

like to be considered in the 

development of the Environmental 

Justice Science, Data, and Research Plan 

as described in E.O. 14096? 

Dated: October 6, 2023. 

Stacy Murphy, 

Deputy Chief Operations Officer/Security 

Officer. 

[FR Doc. 2023–22527 Filed 10–12–23; 8:45 am] 

BILLING CODE 3270–F1–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98692; File No. SR– 

PEARL–2023–35] 

Self-Regulatory Organizations; MIAX 

PEARL, LLC; Notice of Withdrawal of 

Proposed Rule Change To Amend the 

Fee Schedule To Modify Certain 

Connectivity Fees and Ports Fees 

October 5, 2023. 

On August 8, 2023, MIAX PEARL LLC 

(‘‘MIAX Pearl Options’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’),1 and 

Rule 19b–4 thereunder,2 a proposed rule 

change to amend certain connectivity 

and port fees. 

The proposed rule change was 

immediately effective upon filing with 

the Commission pursuant to Section 

19(b)(3)(A) of the Act.3 The proposed 

rule change was published for comment 

in the Federal Register on August 25, 

2023.4 On September 29, 2023, pursuant 

to Section 19(b)(3)(C) of the Act,5 the 

Commission: (1) temporarily suspended 

the proposed rule change; and (2) 

instituted proceedings under Section 

19(b)(2)(B) of the Act 6 to 

determinewhether to approve or 

disapprove the proposed rule change.7

On October 2, 2023, the Exchange 

withdrew the proposed rule change 

(SR–PEARL–2023–35). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–22506 Filed 10–12–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98693; File No. SR– 

NYSEARCA–2023–69] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Modify the NYSE Arca 

Options Fee Schedule 

October 5, 2023. 

Pursuant to section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on 

September 29, 2023, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ or the ‘‘Exchange’’) 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to modify the 

NYSE Arca Options Fee Schedule (‘‘Fee 

Schedule’’) regarding the Customer 

Incentive Program and Market Maker 

Penny and SPY Posting Credit Tiers. 

The Exchange proposes to implement 

the fee change effective October 2, 2023. 


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