Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 36307 

submissions are available for inspection 

and copying, when permitted, at the 

OSHA Docket Office. For information 

on using http://www.regulations.gov to 

make submissions or to access the 

docket, click on the ‘‘Help’’ tab at the 

top of the homepage. Contact the OSHA 

Docket Office at (202) 693–2350 for 

information about materials not 

available through that website and for 

assistance in using the internet to locate 

submissions and other documents in the 

docket. 

Authority and Signature 

James S. Frederick, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, authorized the 

preparation of this notice pursuant to 29 

U.S.C. 655, 40 U.S.C. 3704, Secretary of 

Labor’s Order No. 8–2020 (85 FR 

58393), 5 U.S.C. App. 2, and 29 CFR 

part 1912. 

Signed at Washington, DC, on July 2, 2021. 

James S. Frederick, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–14631 Filed 7–8–21; 8:45 am] 

BILLING CODE 4510–26–P 

NATIONAL COUNCIL ON DISABILITY 

Sunshine Act Meetings 

TIME AND DATE: The Members of the 

National Council on Disability (NCD) 

will hold a quarterly business meeting 

on Thursday, July 22, 2021, 1:00 p.m.— 

4:00 p.m., Eastern Daylight Time (EDT). 

PLACE: This meeting will occur via 

Zoom videoconference. Registration is 

not required. Interested parties are 

encouraged to join the meeting in an 

attendee status by Zoom Desktop Client, 

Mobile App, or Telephone to dial-in. 

Updated information is available on 

NCD’s event page at https://ncd.gov/ 

events/2021/upcoming-council-meeting. 

To join the Zoom webinar, please use 

the following URL: https://zoom.us/j/ 

99051495407?pwd=MGpQQitxSn

NDVXR6MWpjNnlrVlE3dz09 or enter 

Webinar ID: 990 5149 5407 in the Zoom 

app. The Passcode is: 151964. 

To join the Council Meeting by 

telephone, dial one of the preferred 

numbers listed. The following numbers 

are (for higher quality, dial a number 

based on your current location): (669) 

900–6833; (408) 638–0968; (312) 626– 

6799; (346) 248–7799; (253) 215–8782; 

(646) 876–9923; or (301) 715–8592. You 

will be prompted to enter the meeting 

ID 990–5149–5407 and passcode 

151964. 

In the event of audio disruption or 

failure, attendees can follow the meeting 

by accessing the Communication Access 

Realtime Translation (CART) link 

provided. CART is text-only translation 

that occurs real time during the meeting 

and is not an exact transcript. 

MATTERS TO BE CONSIDERED: Following 

welcome remarks and introductions, the 

Chairman, Executive Director and 

Executive Committee will provide 

reports; followed by a community 

presentation; a strategic plan 

presentation; subcommittee updates on 

policy projects; a schedule of remaining 

2021 Council Meetings; and any 

unfinished business before 

adjournment. 

Agenda: The times provided below 

are approximations for when each 

agenda item is anticipated to be 

discussed (all times Eastern Daylight 

Time): 

Thursday, July 22, 2021 

1:00–1:05 p.m.—Welcome and Call to 

Order 

1:05–1:15 p.m.—Chairman’s Report 

1:15–2:00 p.m.—Executive Director’s 

Report 

2:00–2:15 p.m.—Executive Committee 

Report 

2:15–2:45 p.m.—Community 

Presentation: National Disability 

Institute 

2:45–3:15 p.m.—Strategic Plan 

Presentation 

3:15–3:45 p.m.—Subcommittee Updates 

3:45–4:00 p.m.—Schedule of 2021 

Council Meetings, unfinished 

business 

4:00 p.m.–Adjourn 

Public Comment: There is no inperson public comment session during 

this council meeting, however the 

Council is soliciting public comment by 

email, providing an opportunity to hear 

from you—individuals, businesses, 

providers, educators, parents and 

advocates. Public comment submissions 

will be reviewed during the meeting and 

delivered to members of the Council at 

its conclusion. Your comments are 

important in bringing to the Council’s 

attention issues and priorities of the 

disability community. To provide 

comments, please send an email to 

PublicComment@ncd.gov with the 

subject line ‘‘Public Comment’’ and 

your name, organization, state, and 

topic of comment included in the body 

of your email. Submission should be 

received no later than July 21 to ensure 

inclusion. 

CONTACT PERSON FOR MORE INFORMATION: 

Nicholas Sabula, Public Affairs 

Specialist, NCD, 1331 F Street NW, 

Suite 850, Washington, DC 20004; 202– 

272–2004 (V), or nsabula@ncd.gov. 

Accommodations: An ASL interpreter 

will be on-camera during the entire 

meeting, and CART has been arranged 

for this meeting and will be embedded 

into the Zoom platform as well as 

available via streamtext link. The web 

link to access CART (in English) is: 

https://www.streamtext.net/ 

player?event=NCD. If you require 

additional accommodations, please 

notify Anthony Simpson by sending an 

email to asimpson.cntr@ncd.gov as soon 

as possible and no later than 24 hours 

prior to the meeting. 

Due to last-minute confirmations or 

cancellations, NCD may substitute items 

without advance public notice. 

Dated: July 7, 2021. 

Anne C. Sommers McIntosh, 

Executive Director. 

[FR Doc. 2021–14764 Filed 7–7–21; 4:15 pm] 

BILLING CODE 8421–02–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2021–0137] 

Systematic Assessment for How the 

NRC Addresses Environmental Justice 

in Its Programs, Policies, and Activities 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Public meeting and request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is requesting 

comments as part of its systematic 

review for how NRC programs, policies, 

and activities address environmental 

justice. Specifically, the NRC would like 

input on how the agency is addressing 

environmental justice, considering the 

agency’s mission and statutory 

authority. The information will be used 

to inform the agency’s assessment of 

how it addresses environmental justice. 

DATES: Submit comments by August 23, 

2021. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. The NRC 

will hold public meetings related to its 

assessment. See Section IV Public 

Meeting, of this document for additional 

information. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Telephone: 301–415–3875. 

• Email: NRC-EJReview@nrc.gov. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 


jbell on DSKJLSW7X2PROD with NOTICES
36308 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2021–0137. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Allen Fetter, Office of the Executive 

Director for Operations, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

8556, email: Allen.Fetter@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2021– 

0137 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2021–0137. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The Staff Requirements 

Memorandum (SRM)–M210218B, 

‘‘Briefing on Equal Employment 

Opportunity, Affirmative Employment, 

and Small Business, 10:00 a.m., 

Thursday, February 18, 2021, Video 

Conference Meeting,’’ dated April 23, 

2021, which provides direction to the 

staff or this assessment, is available in 

ADAMS under Accession No. 

ML21113A070. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 

1–800–397–4209 or 301–415–4737, 

between 8:00 a.m. and 4:00 p.m. (ET), 

Monday through Friday, except Federal 

holidays. 

B. Submitting Comments 

The NRC encourages comment 

submission via email and phone. Please 

reference Docket ID NRC–2021–0137 in 

your comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post comment 

submissions received via 

regulations.gov at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Background 

The NRC is an independent agency 

established by the Energy 

Reorganization Act of 1974 that began 

operations in 1975 as a successor to the 

licensing and regulatory activities of the 

Atomic Energy Commission. The NRC’s 

mission is to license and regulate the 

Nation’s civilian use of radioactive 

materials to provide reasonable 

assurance of adequate protection of 

public health and safety and to promote 

the common defense and security and to 

protect the environment. As part of its 

licensing and regulatory activities, the 

NRC conducts safety, security, and 

environmental reviews. 

Specifically, with respect to 

environmental reviews, the National 

Environmental Policy Act (NEPA) of 

1969, 42 U.S.C. 4321 et seq., requires all 

Federal agencies to evaluate the impacts 

of proposed major actions on the human 

environment. As part of its 

responsibilities under NEPA, the NRC 

considers environmental justice. 

According to the Commission, ‘‘[t]he 

term ‘environmental justice’ refers to the 

federal policy established in 1994 by 

Executive Order 12898, which directed 

federal agencies to identify and address 

‘disproportionately high and adverse 

human health or environmental effects 

of its programs, policies, and activities 

on minority and low-income 

populations.’’’ Entergy Nuclear 

Operations, Inc. (Indian Point Nuclear 

Generating Units 2 and 3), CLI–15–6, 81 

NRC 340, 369 (2015). 

The NRC, as an independent agency, 

was requested, rather than directed, to 

comply with Executive Order 12898, 

and this Executive Order did not, in 

itself, create new substantive authority 

for Federal agencies. In a March 31, 

1994, letter to President Clinton, NRC 

Chairman Ivan Selin indicated that the 

NRC would endeavor to carry out the 

measures set forth in Executive Order 

12898 and the accompanying 

memorandum as part of the NRC’s 

efforts to comply with NEPA (ADAMS 

Accession No. ML033210526). As noted 

in the NRC’s 1995 Environmental 

Justice Strategy (ADAMS Accession No. 

ML20081K602 (March 24, 1995)), 

because ‘‘the NRC is not a ‘land 

management’ agency, i.e., it neither 

sites, owns, or manages facilities or 

properties,’’ the NRC determined that 

Executive Order 12898 would 

‘‘primarily apply to [NRC] efforts to 

fulfill’’ NEPA requirements as part of 

NRC’s licensing process. 

On August 24, 2004, following public 

comment on a draft Policy Statement 

(68 FR 62642), the Commission issued 

its ‘‘Policy Statement on the Treatment 

of Environmental Justice Matters in NRC 

Regulatory and Licensing Actions’’ (69 

FR 52040). The purpose of this Policy 

Statement was to set forth a 

‘‘comprehensive statement of the 

Commission’s policy on the treatment of 

environmental justice matters in NRC 

regulatory and licensing actions.’’ Id. at 

52,041. The Policy Statement explains 

that the focus of an environmental 

justice review ‘‘should be on identifying 

and weighing disproportionately 

significant and adverse environmental 

impacts on minority and low-income 

populations that may be different from 

the impacts on the general population. 

It is not a broad-ranging or even limited 

review of racial or economic 

discrimination.’’ Id. at 52,047. 

The Policy Statement also reiterates 

guidance on defining the geographic 

area for environmental justice 

assessments and identifying low-income 

and minority communities. Id. In 

addition, it explains that a scoping 

process is used to ‘‘assist the NRC in 

ensuring that minority and low-income 

communities, including transient 

populations, affected by the proposed 

action are not overlooked in assessing 

the potential for significant impacts 

unique to those communities.’’ Id. at 

52,048. In performing a NEPA analysis, 

‘‘published demographic data, 

community interviews and public input 

through well-noticed public scoping 

meetings should be used in identifying 

minority and low-income communities 


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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 36309 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 91949 

(May 20, 2021), 86 FR 28420. 

that may be subject to adverse 

environmental impacts.’’ Id. 

On April 23, 2021, in a Staff 

Requirements Memorandum (ADAMS 

Accession No. ML21113A070), the 

Commission directed the staff to 

‘‘systematically review how the agency’s 

programs, polices, and activities address 

environmental justice.’’ As part of this 

review, the Commission directed the 

staff to evaluate recent Executive Orders 

and assess whether environmental 

justice is appropriately considered and 

addressed in the agency’s programs, 

policies, and activities, given the 

agency’s mission. As directed, the staff 

will consider the practices of other 

Federal, State, and Tribal agencies and 

evaluate whether the NRC should 

incorporate environmental justice 

beyond implementation through NEPA. 

The staff will also review the adequacy 

of the 2004 Policy Statement. The 

Commission further directed the staff to 

consider whether establishing formal 

mechanisms to gather external 

stakeholder input would benefit any 

future environmental justice efforts. To 

carry out the Commission’s direction, 

the staff is seeking to engage 

stakeholders and interested persons 

representing a broad range of 

perspectives. This Federal Register 

notice and the meetings referenced 

herein are part of this engagement effort. 

III. Requested Information and 

Comments 

The NRC is interested in obtaining a 

broad range of perspectives from 

stakeholders and interested persons. 

The focus of this request is to gather 

information to inform a systematic 

assessment for how the NRC addresses 

environmental justice in its programs, 

policies, and activities, considering the 

agency’s mission and statutory 

authority. The NRC is particularly 

interested in receiving input on the 

following questions: 

(1) What is your understanding of 

what is meant by environmental justice 

at the NRC? 

(2) As described in the Commission’s 

2004 Policy Statement on the Treatment 

of Environmental Justice Matters in NRC 

Regulatory and Licensing Actions (69 

FR 52040), the NRC currently addresses 

environmental justice in its NEPA 

reviews to determine if a proposed 

agency action will have 

disproportionately high and adverse 

impacts on minority and low-income 

communities, defined as environmental 

justice communities. 

(a) When the NRC is conducting 

licensing and other regulatory reviews, 

the agency uses a variety of ways to 

gather information from stakeholders 

and interested persons on 

environmental impacts of the proposed 

agency action, such as in-person and 

virtual meetings, Federal Register 

notices requesting input, and dialog 

with community organizations. 

(i) How could the NRC expand how 

it engages and gathers input? 

(ii) What formal tools might there be 

to enhance information gathering from 

stakeholders and interested persons in 

NRC’s programs, policies, and 

activities? 

(iii) Can you describe any challenges 

that may affect your ability to engage 

with the NRC on environmental justice 

issues? 

(b) How could the NRC enhance 

opportunities for members of 

environmental justice communities to 

participate in licensing and regulatory 

activities, including the identification of 

impacts and other environmental justice 

concerns? 

(c) What ways could the NRC enhance 

identification of environmental justice 

communities? 

(d) What has the NRC historically 

done well, or currently does well that 

we could do more of or expand with 

respect to environmental justice in our 

programs, policies, and activities, 

including engagement efforts? In your 

view, what portions of the 2004 Policy 

Statement are effective? 

(3) What actions could the NRC take 

to enhance consideration of 

environmental justice in the NRC’s 

programs, policies and activities and 

agency decision-making, considering 

the agency’s mission and statutory 

authority? 

(a) Would you recommend that NRC 

consider any particular organization’s 

environmental justice program(s) in its 

assessment? 

(b) Looking to other Federal, State, 

and Tribal agencies’ environmental 

justice programs, what actions could the 

NRC take to enhance consideration of 

environmental justice in the NRC’s 

programs, policies, and activities? 

(c) Considering recent Executive 

Orders on environmental justice, what 

actions could the NRC take to enhance 

consideration of environmental justice 

in the NRC’s programs, policies, and 

activities? 

(d) Are there opportunities to expand 

consideration of environmental justice 

in NRC programs, policies, and 

activities, considering the agency’s 

mission? If so, what are they? 

IV. Public Meeting Information 

The NRC plans to hold public 

meetings during the public comment 

period for this action. The first public 

meetings are currently planned for July 

15, 2021, from 1:30 p.m.–3:00 p.m. ET 

and 8:00 p.m.–9:30 p.m. ET, via 

webinar. The public meetings will 

provide forums for the NRC staff to 

discuss issues and questions with 

stakeholders and interested persons. 

During the public meetings, the NRC 

does not intend to provide responses to 

comments submitted during the public 

meetings. The public meetings were 

noticed on the NRC’s public meeting 

website. Members of the public should 

monitor the NRC’s public meeting 

website for additional information about 

the public meetings at https://

www.nrc.gov/public-involve/publicmeetings/index.cfm. The NRC will post 

notices for additional public meetings 

associated with this effort and may post 

additional material related to this action 

to the Federal Rulemaking website at 

https://www.regulations.gov/ under 

Docket ID NRC–2021–0137. 

Dated: July 6, 2021. 

For the Nuclear Regulatory Commission. 

Gregory F. Suber, 

Director, Environmental Justice Review Team, 

Office of the Executive Director for 

Operations. 

[FR Doc. 2021–14673 Filed 7–8–21; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–92320; File No. SR– 

NYSEArca–2021–28] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Designation of a 

Longer Period for Commission Action 

on a Proposed Rule Change To List 

and Trade the Shares of 

ConvexityShares Daily 1.5x SPIKES 

Futures ETF Under NYSE Arca Rule 

8.200–E (Trust Issued Receipts) 

July 2, 2021. 

On May 13, 2021, NYSE Arca, Inc. 

(‘‘NYSE Arca’’) 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 

list and trade shares of the 

ConvexityShares Daily 1.5x SPIKES 

Futures ETF under NYSE Arca Rule 

8.200–E, Commentary .02 (Trust Issued 

Receipts). The proposed rule change 

was published for comment in the 

Federal Register on May 26, 2021.3 The 


jbell on DSKJLSW7X2PROD with NOTICES