Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 19817 

3.23 Authorized by Law 

This exemption would allow Oyster 

Creek to rely on OMAs, in conjunction 

with the other installed fire protection 

features, to ensure that at least one 

means of achieving and maintaining hot 

shutdown remains available during and 

following a postulated fire event, as part 

of its FPP, in lieu of meeting the 

requirements specified in III.G.2 for a 

fire in the analyzed fire areas. As stated 

above, 10 CFR 50.12 allows the NRC to 

grant exemptions from the requirements 

of 10 CFR part 50. The NRC staff has 

determined that granting of this 

exemption will not result in a violation 

of the Atomic Energy Act of 1954, as 

amended, or the Commission’s 

regulations. Therefore, the exemption is 

authorized by law. 

3.24 No Undue Risk to Public Health 

and Safety 

The underlying purpose of 10 CFR 

part 50, Appendix R, Section III.G is to 

ensure that at least one means of 

achieving and maintaining hot 

shutdown remains available during and 

following a postulated fire event. Based 

on the above evaluation, the NRC staff 

finds that the plant features, as 

described in the March 3, 2009, 

submittal, as supplemented by letter 

dated April 2, 2010, should limit the 

occurrence and impacts of any fire that 

may occur. This, combined with the 

ability of the OMAs to place and 

maintain the plant in a safe condition in 

the event of a fire that does damage safe 

shutdown equipment, provides 

adequate protection of public health and 

safety. Therefore, there is no undue risk 

to public health and safety. 

3.25 Consistent With Common Defense 

and Security 

This exemption would allow Oyster 

Creek to credit the use of the specific 

OMAs, in conjunction with the other 

installed fire protection features, in 

response to a fire in the analyzed fire 

areas, discussed above, in lieu of 

meeting the requirements specified in 

III.G.2. This change, to the operation of 

the plant, has no relation to security 

issues nor does it diminish the level of 

safety from what was intended by the 

requirements of III.G.2. Therefore, the 

common defense and security is not 

diminished by this exemption. 

3.26 Special Circumstances 

One of the special circumstances 

described in 10 CFR 50.12(a)(2)(ii) is 

that the application of the regulation is 

not necessary to achieve the underlying 

purpose of the rule. The underlying 

purpose of 10 CFR part 50, Appendix R, 

Section III.G is to ensure that at least 

one means of achieving and maintaining 

hot shutdown remains available during 

and following a postulated fire event. 

While the licensee does not comply 

with the explicit requirements of III.G.2, 

specifically, they do meet the 

underlying purpose of 10 CFR part 50, 

Appendix R, and Section III.G as a 

whole. Therefore, special circumstances 

exist that warrant the issuance of this 

exemption as required by 10 CFR 

50.12(a)(2)(ii). 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

50.12(a), the exemption is authorized by 

law, will not present an undue risk to 

the public health and safety, is 

consistent with the common defense 

and security and that special 

circumstances are present to warrant 

issuance of the exemption. Therefore, 

the Commission hereby grants Exelon 

an exemption from the requirements of 

Section III.G.2 of Appendix R of 10 CFR 

part 50, to utilize the OMAs discussed 

above at Oyster Creek. 

Pursuant to 10 CFR 51.32, the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (74 FR 36274). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 30th day 

of March 2011. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2011–8405 Filed 4–7–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0345] 

Final Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of issuance and 

availability of Regulatory Guide (RG) 

5.79, ‘‘Protection of Safeguards 

Information.’’ 

FOR FURTHER INFORMATION CONTACT: 

Robert Norman, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: 301–415–2278 or email: Robert.Norman@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or Commission) is 

issuing a new guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public information such 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the agency’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

Regulatory Guide (RG) 5.79 

‘‘Protection of Safeguards Information,’’ 

was issued August 6, 2009 as a Draft 

Regulatory Guide (DG) for public 

comment under the temporary 

identification number DG–5034. RG 

5.79 is a new regulatory guide which 

describes methods the staff of the NRC 

consider acceptable to implement the 

general performance requirements 

specified in Title 10, Section 73.21(a)(i) 

and (ii), of the Code of Federal 

Regulations, ‘‘Protection of Safeguards 

Information: Performance 

Requirements,’’ (10 CFR 73.21) that 

establish, implement, and maintain an 

information protection system that 

includes the applicable measures for 

safeguards information (SGI) specified 

in 10 CFR 73.22, ‘‘Protection of 

Safeguards Information: Specific 

Requirements,’’ or 10 CFR 73.23, 

‘‘Protection of Safeguards Information— 

Modified Handling: Specific 

Requirements.’’ This guide applies to all 

licensees, certificate holders, applicants, 

or other persons who produce, receive, 

or acquire SGI (including SGI with the 

designation or marking: ‘‘Safeguards 

Information—Modified Handling’’ (SGI– 

M)). 

The guidance and criteria contained 

in this document pertain to the 

protection of SGI as defined in 10 CFR 

part 73, ‘‘Physical Protection of Plants 

and Materials.’’ It is intended to assist 

licensees and other persons who 

produce, receive, or acquire SGI to 

establish an information protection 

system that addresses (1) information to 

be protected, (2) conditions for access, 

(3) protection while in use or storage, (4) 

preparing and marking documents or 

other matter, (5) reproduction of matter 

containing SGI, (6) external 

transmission of documents and 

material, (7) processing SGI on 

electronic systems, (8) removal from the 

SGI category, and (9) destruction of 

matter containing SGI. 

10 CFR 73.21 ‘‘Protection of 

Safeguards Information: Performance 

Requirements,’’ requires, in part, that 


srobinson on DSKHWCL6B1PROD with NOTICES
19818 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(2). 

each licensee, certificate holder, 

applicant, or other person who 

produces, receives, or acquires 

Safeguards Information (SGI) shall 

ensure that it is protected against 

unauthorized disclosure. 

II. Further Information 

On August 6, 2009, a Federal Register 

Notice was issued (74 FR 39343) 

announcing the availability of DG–5034 

for public comment period. The public 

comment period closed on October 1, 

2009. The staff’s responses to the public 

comments received are available 

through the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS) under Accession 

Number ML103270225. The Regulatory 

Analysis for this Regulatory Guide is 

available in ADAMS under Accession 

No. ML103270227. Electronic copies of 

RG 5.79 are available through the NRC’s 

public Web site under ‘‘Regulatory 

Guides’’ at http://www.nrc.gov/readingrm/doc-collections/reg-guides/. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

11555 Rockville Pike, Rockville, 

Maryland. The PDR’s mailing address is 

USNRC PDR, Washington, DC 20555– 

0001. The PDR can also be reached by 

telephone at (301) 415–4737 or (800) 

397–4205, by fax at (301) 415–3548, and 

by e-mail to pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland this 1st day 

of April 2011. 

For the Nuclear Regulatory Commission. 

Harriet Karagiannis, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. 2011–8415 Filed 4–7–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–313; NRC–2011–0076] 

Entergy Operations, Inc.; Notice of 

Withdrawal of Application for 

Amendment to Facility Operating 

License 

The U.S. Nuclear Regulatory 

Commission (NRC, the Commission) has 

granted the request of Entergy 

Operations, Inc. (the licensee), to 

withdraw its application dated August 

24, 2010, and supplemented by letters 

dated November 12, 2010, and February 

28, 2011, for a proposed amendment to 

Facility Operating License No. DPR–51 

for the Arkansas Nuclear One, Unit 1, 

located in Pope County, Arkansas. 

The proposed amendment would 

have revised several Technical 

Specifications (TSs) to permit a greater 

time period for one of the two required 

reactor coolant system cooling loops 

(commonly known as a Decay Heat 

Removal loop) to be inoperable. The 

affected TSs are applicable in lower 

Modes of Operation, Modes 4, 5, and 6. 

The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on November 2, 

2010 (75 FR 67401). However, by letter 

dated March 24, 2011, the licensee 

withdrew the proposed change. 

For further details with respect to this 

action, see the application for 

amendment dated August 24, 2010, the 

supplemental letters dated November 

12, 2010, and February 28, 2011, and 

the licensee’s letter dated March 24, 

2011, which withdrew the application 

for license amendment (Agencywide 

Documents Access and Management 

System (ADAMS) Accession Nos. 

ML102371014, ML103160175, 

ML110590738, and ML110840216, 

respectively). Documents may be 

examined, and/or copied for a fee, at the 

NRC’s Public Document Room (PDR), 

located at One White Flint North, Public 

File Area O1 F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

ADAMS Public Electronic Reading 

Room on the Internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/

adams.html. Persons who do not have 

access to ADAMS or who encounter 

problems in accessing the documents 

located in ADAMS should contact the 

NRC PDR Reference staff by telephone 

at 1–800–397–4209, or 301–415–4737 or 

by e-mail to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland this 30th day 

of March 2011. 

For the Nuclear Regulatory Commission. 

Nageswaran Kalyanam, 

Project Manager, Plant Licensing Branch IV, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2011–8417 Filed 4–7–11; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64173; File No. SR–CHX– 

2011–02] 

Self-Regulatory Organizations; 

Chicago Stock Exchange, Inc.; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change To Alter the 

Fee Schedule To Repeal the Trade 

Processing Fee Credit Paid to 

Institutional Brokers 

April 4, 2011. 

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 March 24, 

2011, the Chicago Stock Exchange, Inc. 

(‘‘CHX’’ or ‘‘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 Exchange. CHX has filed the 

proposal pursuant to Section 19(b)(3)(A) 

of the Act 3 and Rule 19b–4(f)(2) 

thereunder,4 which renders the proposal 

effective upon filing with the 

Commission. 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 CHX proposes to amend its 

Schedule of Participant Fees and 

Assessments (the ‘‘Fee Schedule’’), 

effective March 24, 2011, to alter its 

schedule of fees for Participants to 

repeal the Trade Processing Fee credit 

currently paid to institutional brokers. 

The text of this proposed rule change is 

available on the Exchange’s Web site at 

http://www.chx.com/rules/

proposed_rules.htm, and in the 

Commission’s Public Reference Room, 

100 F Street, NE., Washington, DC 

20549. 

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 

CHX included statements concerning 

the purpose of and basis for the 

proposed rule changes and discussed 

any comments it received regarding the 

proposal. The text of these statements 

may be examined at the places specified 

in Item IV below. The CHX has prepared 


srobinson on DSKHWCL6B1PROD with NOTICES