30 day Federal Register Notice

sradovich on DSK3GMQ082PROD with NOTICES

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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices

IV. Backfitting and Issue Finality
Issuance of this regulatory guide not
constitute backfitting as defined in
section 50.109 of title 10 of the Code of
Federal Regulations (10 CFR) (the
Backfit Rule) and is not otherwise
inconsistent with the issue finality
provisions in 10 CFR part 52. This
regulatory guide does not apply to any
construction permits, operating licenses,
early site permits, limited work
authorizations issued under 10 CFR
50.10 for which the NRC issued a final
environmental impact statement (EIS)
preceded by a draft EIS under 10 CFR
51.76 or 51.75, or combined licenses,
any of which were issued by the NRC
prior to issuance of the final regulatory
guide. The NRC has already completed
its siting determination for those
construction permits, operating licenses,
early site permits, limited work
authorizations, and combined licenses.
Therefore, no further NRC regulatory
action on siting will occur for those
licenses, permits, and authorizations,
for which the guidance in this
regulatory guide would be relevant.
The guidance in this regulatory guide
may be applied to applications for early
site permits, combined licenses, and
limited work authorizations issued
under 10 CFR 50.10 (including
information under 10 CFR 51.49(b) or
(f)), any of which are docketed and
under review by the NRC. The guidance
in this regulatory guide may also be
applied to applications for construction
permits, early site permits, combined
licenses, and limited work
authorizations (including information
under 10 CFR 51.49(b) or (f). Such
action does not constitute backfitting as
defined in 10 CFR 50.109(a)(1) and is
not otherwise inconsistent with the
applicable issue finality provisions in
10 CFR part 52. Applicants and
potential applicants are not, with
certain exceptions, protected by either
the Backfit Rule or any issue finality
provisions under part 52. Neither the
Backfit Rule nor the issue finality
provisions under Part 52—with certain
exclusions discussed below—were
intended to every NRC action which
substantially changes the expectations
of current and future applicants.
The exceptions to the general
principle are applicable whenever an
applicant references a Part 52 license
(e.g., an early site permit) and/or NRC
regulatory approval (e.g., a design
certification rule) with specified issue
finality provisions. The staff does not, at
this time, intend to impose the positions
represented in this RG in a manner that
is inconsistent with any of the issue
finality provisions applicable to early

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site permits (10 CFR 52.39) or combined
license applications referencing an early
site permit (10 CFR 52.83). If, in the
future, the staff seeks to impose a
position in this RG in a manner which
does not provide issue finality as
described in the applicable issue finality
provision, then the staff must make
address the criteria for avoiding issue
finality as described applicable issue
finality provision.
Dated at Rockville, Maryland, this 20th day
of December 2016.
For the Nuclear Regulatory Commission.
Edward O’Donnell,
Acting Chief, Regulatory Guidance and
Generic Issues Branch, Division of
Engineering, Office of Nuclear Regulatory
Research.
[FR Doc. 2016–31375 Filed 12–27–16; 8:45 am]
BILLING CODE 7590–01–P

NUCLEAR REGULATORY
COMMISSION
[NRC–2016–0064]

Information Collection: NRC Form
850A, ‘‘Request for NRC Contractor
Building Access Authorization’’ NRC
Form 850B, ‘‘Request for NRC
Contractor Information Technology
Access Authorization’’ NRC Form
850C, ‘‘Request for NRC Contractor
Security Clearance’’
Nuclear Regulatory
Commission.
ACTION: Notice of submission to the
Office of Management and Budget;
request for comment.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) has recently
submitted a request for renewal of an
existing collection of information to the
Office of Management and Budget
(OMB) for review. The information
collection is entitled, ‘‘NRC Form 850A,
‘‘Request for NRC Contractor Building
Access Authorization’’ NRC Form 850B,
‘‘Request for NRC Contractor
Information Technology Access
Authorization’’ NRC Form 850C,
‘‘Request for NRC Contractor Security
Clearance.’’
DATES: Submit comments by January 27,
2017.
ADDRESSES: Submit comments directly
to the OMB reviewer at: Vlad Dorjets,
Desk Officer, Office of Information and
Regulatory Affairs (3150–0218), NEOB–
10202, Office of Management and
Budget, Washington, DC 20503;
telephone: 202–395–7315, email: oira_
submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
David Cullison, NRC Clearance Officer,
SUMMARY:

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U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
INFOCOLLECTS.Resource@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID: NRC–2016–
0064 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID: NRC–2016–0064.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
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
supporting statement is available in
ADAMS under Accession No.
ML16355A312.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
INFOCOLLECTS.Resource@NRC.GOV.
B. Submitting Comments
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at http://
www.regulations.gov and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the OMB, then you
should inform those persons not to
include identifying or contact
information that they do not want to be

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sradovich on DSK3GMQ082PROD with NOTICES

Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
publicly disclosed in their comment
submission. Your request should state
that comment submissions are not
routinely edited to remove such
information before making the comment
submissions available to the public or
entering the comment into ADAMS.

used by the NRC to obtain information
on NRC contractors, subcontractors, and
other individuals who are not NRC
employees and require access to NRC
buildings, IT systems, sensitive
information, sensitive unclassified
information, or classified information.

II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the NRC recently
submitted a request for renewal of an
existing collection of information to
OMB for review entitled, ‘‘NRC Form
850A, ‘‘Request for NRC Contractor
Building Access Authorization’’ NRC
Form 850B, ‘‘Request for NRC
Contractor Information Technology
Access Authorization’’ NRC Form 850C,
‘‘Request for NRC Contractor Security
Clearance.’’ The NRC hereby informs
potential respondents that an agency
may not conduct or sponsor, and that a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
September 9, 2016 (81 FR 62546).
1. The title of the information
collection: NRC Form 850A, ‘‘Request
for NRC Contractor Building Access,’’
NRC Form 850B, ‘‘Request for NRC
Contractor Information Technology
Access Authorization,’’ and NRC Form
850C, ‘‘Request for NRC Contractor
Security Clearance.’’
2. OMB approval number: 3150–0218.
3. Type of submission: Extension.
4. The form number if applicable:
NRC Form 850A, NRC Form 850B, and
NRC Form 850C.
5. How often the collection is required
or requested: On occasion.
6. Who will be required or asked to
respond: NRC contractors,
subcontractors and other individuals
who are not NRC employees.
7. The estimated number of annual
responses: 500.
8. The estimated number of annual
respondents: 500.
9. An estimate of the total number of
hours needed annually to comply with
the information collection requirement
or request: 85.
10. Abstract: 10 CFR part 10, ‘‘Criteria
and Procedures for Determining
Eligibility for Access to Restricted Data
or National Security Information or an
Employment Clearance,’’ establishes
requirements that individuals requiring
an access authorization and/or
employment clearance must have an
investigation of their background. NRC
Forms 850A, 850B, and 850C will be

Dated at Rockville, Maryland, this 21st day
of December 2016.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.

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[FR Doc. 2016–31324 Filed 12–27–16; 8:45 am]
BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79635; File No. SR–Phlx–
2016–124]

Self-Regulatory Organizations;
NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Delay the
Implementation of the Limit Order
Protection for Members Accessing
PSX
December 21, 2016.

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 December
20, 2016, NASDAQ PHLX LLC (‘‘Phlx’’
or ‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to delay the
implementation of the Limit Order
Protection or ‘‘LOP’’ for members
accessing PSX.
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
1 15
2 17

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U.S.C. 78s(b)(1).
CFR 240.19b–4.

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places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposal is to
delay the implementation of the
Exchange’s mechanism to protect
against erroneous Limit Orders, which
are entered into PSX, at Rule 3307(f).3
The Exchange received approval to
implement this mechanism on August
24, 2016.4 Within that rule change, the
Exchanges proposed to implement LOP
within ninety days of the approval of
the proposal, which was November 22,
2016.5 The Exchange subsequently filed
a modification to the original proposal
and delayed the implementation an
additional sixty (60) days from the
original timeframe in order to
implement the LOP, which was January
21, 2017.6
At this time the Exchange proposes to
delay the implementation from January
21, 2017 until a date no later than
March 31, 2017 in order to allow
additional time to complete testing. The
Exchange will announce the specific
date in advance through an Equities
Trader Alert. For more information
regarding LOP see the previous LOP
rule changes.7
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,8 in general, and furthers the
objectives of Section 6(b)(5) of the Act,9
in particular, in that it is designed 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
3 See Securities Exchange Act Release No. 78246
(August 24, 2016), 81 FR 59672 (August 30, 2016)
(SR–Phlx–2016–58). See also Securities Exchange
Act Release No. 83917 (November 16, 2016), 81 FR
83917 (November 22, 2016) (SR–Phlx–2016–113).
4 See Securities Exchange Act Release No. 78246
(August 24, 2016), 81 FR 59672 (August 30, 2016)
(SR–Phlx–2016–58) (Notice of Filing of
Amendments No. 1 and Order Granting Accelerated
Approval of Proposed Rule Changes, as Modified by
Amendments No. 1, To Adopt Limit Order
Protections).
5 Id. at 45338.
6 See Securities Exchange Act Release No. 83917
(November 16, 2016), 81 FR 83917 (November 22,
2016) (SR–Phlx–2016–113) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
To Amend the Limit Order Protection).
7 See note 3 above.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).

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