Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 66323 

3Requesters should note that the filing 

requirements of the NRC’s E-Filing Rule (72 FR 

49139; August 28, 2007, as amended at 77 FR 

46562; August 3, 2012) apply to appeals of NRC 

staff determinations (because they must be served 

on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI request 

submitted to the NRC staff under these procedures. 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed within 5 days of 

the notification by the NRC staff of its 

grant of access and must be filed with: 

(a) The presiding officer designated in 

this proceeding; (b) if no presiding 

officer has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.3

I. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI, and motions for protective 

orders, in a timely fashion in order to 

minimize any unnecessary delays in 

identifying those petitioners who have 

standing and who have propounded 

contentions meeting the specificity and 

basis requirements in 10 CFR part 2. 

The attachment to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 18th day 

of December, 2018. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

Attachment 1—General Target 

Schedule for Processing and Resolving 

Requests for Access to Sensitive 

Unclassified Non-Safeguards 

Information in This Proceeding 

Day Event/activity 

0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: 

Supporting the standing of a potential party identified by name and address; describing the need for the information in order 

for the potential party to participate meaningfully in an adjudicatory proceeding. 

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for 

access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 

25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling 

to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief 

Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any 

party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to 

file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure 

Agreement for SUNSI. 

A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access 

to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a 

final adverse determination by the NRC staff. 

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. 

A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days 

remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as

established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its

SUNSI contentions by that later deadline. 

A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. 

A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 ............. Decision on contention admission. 

[FR Doc. 2018–27844 Filed 12–21–18; 8:45 am] 

BILLING CODE 7590–01–P 

RAILROAD RETIREMENT BOARD 

Proposed Collection; Comment 

Request 

SUMMARY: In accordance with the 

requirement of Section 3506(c)(2)(A) of 

the Paperwork Reduction Act of 1995 

which provides opportunity for public 

comment on new or revised data 

collections, the Railroad Retirement 

Board (RRB) will publish periodic 

summaries of proposed data collections. 

Comments are invited on: (a) Whether 

the proposed information collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information has practical 

utility; (b) the accuracy of the RRB’s 

estimate of the burden of the collection 

of the information; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden related to 

the collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 


amozie on DSK3GDR082PROD with NOTICES1
66324 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 

1. Title and purpose of information 

collection: Application for Survivor 

Insurance Annuities; OMB 3220–0030. 

Under Section 2(d) of the Railroad 

Retirement Act (RRA), monthly survivor 

annuities are payable to surviving 

widow(er)s, parents, unmarried 

children, and in certain cases, divorced 

spouses, mothers (fathers), remarried 

widow(er)s, and grandchildren of 

deceased railroad employees if there are 

no qualified survivors of the employee 

immediately eligible for an annuity. The 

requirements relating to the annuities 

are prescribed in 20 CFR 216, 217, 218, 

and 219. 

To collect the information needed to 

help determine an applicant’s 

entitlement to, and the amount of, a 

survivor annuity the RRB uses Forms 

AA–17, Application for Widow(er)’s 

Annuity; AA–17b, Applications for 

Determination of Widow(er)’s Disability; 

AA–18, Application for Mother’s/ 

Father’s and Child’s Annuity; AA–19, 

Application for Child’s Annuity; AA– 

19a, Application for Determination of 

Child’s Disability; AA–20, Application 

for Parent’s Annuity, and electronic 

Forms AA–17cert, Application 

Summary and Certification and AA– 

17sum, Application Summary. 

The on-line automated survivor 

annuity application (Forms AA–17, 

AA–18, AA–19, and AA–20) process 

obtains information about an applicant’s 

marital history, work history, benefits 

from other government agencies, and 

Medicare entitlement for a survivor 

annuity. An RRB representative 

interviews the applicant either at a field 

office (preferred), an itinerant point, or 

by telephone. During the interview, the 

RRB representative enters the 

information obtained into an on-line 

information system. Upon completion of 

the interview, the system generates, for 

the applicant’s review, either Form AA– 

17cert or AA–17sum, which provides a 

summary of the information that the 

applicant provided or verified. Form 

AA–17cert, Application Summary and 

Certification, requires a tradition pen 

and ink ‘‘wet’’ signature. Form AA– 

17sum, Application Summary, 

documents the alternate signing method 

called ‘‘Attestation,’’ which is an action 

taken by the RRB representative to 

confirm and annotate in the RRB 

records (1) the applicant’s intent to file 

an application; (2) the applicant’s 

affirmation under penalty of perjury that 

the information provided is correct; and 

(3) the applicant’s agreement to sign the 

application by proxy. When the RRB 

representative is unable to contact the 

applicant in person or by telephone, for 

example, the applicant lives in another 

country, a manual version of the 

appropriate form is used. One response 

is requested of each respondent. 

Completion of the forms is required to 

obtain a benefit. 

The RRB proposes significant changes 

to Form AA–17b in support of the RRB’s 

Disability Program Improvement Plan 

(DPIP) to enhance and improve 

disability case processing and overall 

program integrity as recommended by 

the RRB’s Office of Inspector General 

and the Government Accountability 

Office. Proposed changes to Form AA– 

17b include the addition of questions 

regarding the applicant’s attempt to go 

back to work; education and training; 

additional scheduled medical care; 

daily activities, including any social and 

recreational activities and volunteer 

work; and possible use of a facilitator or 

attorney to either complete or aid in the 

completion of the application. 

Clarification of existing items and other 

non-burden impacting editorial and 

formatting changes to make the AA–17b 

consistent with other DPIP forms 

enhancements are also being proposed. 

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Form No. Annual 

responses 

Time 

(minutes) 

Burden 

(hours) 

AA–17 Application Process: 

AA–17cert ............................................................................................................................. 900 20 300 

AA–17sum ............................................................................................................................ 2,100 19 665 

AA–17b: 

(With assistance) .................................................................................................................. 250 45 188 

(Without assistance) ............................................................................................................. 20 55 18 

AA–19a: 

(With assistance) .................................................................................................................. 200 45 150 

(Without assistance) ............................................................................................................. 15 65 16 

Total ............................................................................................................................... 3,485 ........................ 1,337 

2. Title and purpose of information 

collection: Application for Spouse 

Annuity under the Railroad Retirement 

Act; OMB 3220–0042. 

Section 2(c) of the Railroad 

Retirement Act (RRA), provides for the 

payment of annuities to spouses of 

railroad retirement annuitants who meet 

the requirements under the RRA. The 

age requirements for a spouse annuity 

depend on the employee’s age, date of 

retirement, and years of railroad service. 

The requirements relating to the 

annuities are prescribed in 20 CFR 216, 

218, 219, 232, 234, and 295. 

To collect the information needed to 

help determine an applicant’s 

entitlement to, and the amount of, a 

spouse annuity the RRB uses non-OMB 

Form AA–3, Application for Spouse/ 

Divorced Spouse Annuity, and 

electronic OMB Forms AA–3cert, 

Application Summary and Certification, 

and AA–3sum, Application Summary. 

The AA–3 application process gathers 

information from an applicant about 

their marital history, work history, 

benefits from other government 

agencies, and Medicare entitlement for 

a spouse annuity. An RRB 

representative interviews the applicant 

either at a field office (preferred), an 

itinerant point, or by telephone. During 

the interview, the RRB representative 

enters the information obtained into an 

on-line information system. Upon 

completion of the interview, the system 

generates, for the applicant’s review, 

either Form AA–3cert or AA–3sum, 

which is a summary of the information 

that the applicant provided or verified. 

Form AA–3cert, Application Summary 

and Certification, requires a traditional 

pen and ink ‘‘wet’’ signature. Form AA– 

3sum, Application Summary, 

documents an alternate signing method 

called ‘‘Attestation,’’ which is an action 

taken by the RRB representative to 

confirm and annotate in the RRB 

records (1) the applicant’s intent to file 

an application; (2) the applicant’s 

affirmation under penalty of perjury that 

the information provided is correct; and 

(3) the applicant’s agreement to sign the 

application by proxy. When the RRB 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 66325 

1 17 CFR 242.612(c). 

2See Securities Exchange Act Release No. 73702, 

79 FR 72049 (December 4, 2014) (SR–BX–2014–048) 

(‘‘RPI Approval Order’’). 

3See id. 

4See Securities Exchange Act Release No. 76490 

(November 20, 2015), 80 FR 74165 (November 27, 

2015) (SR–BX–2015–073). 

5See Securities Exchange Act Release No. 79446 

(December 1, 2016), 81 FR 88290 (December 7, 

2016) (SR–BX–2016–065). 

6See Securities Exchange Act Release No. 82192 

(December 1, 2017), 82 FR 57809 (December 7, 

2017) (SR–BX–2017–055). 

7See Securities Exchange Act Release No. 83539 

(June 28, 2018), 83 FR 31203 (July 3, 2018) (SR–BX– 

2018–026). 

8See Letter from Jeffrey S. Davis, Vice President 

and Deputy General Counsel and Secretary, Nasdaq 

BX, Inc. to Eduardo A. Aleman, Assistant Secretary, 

Securities and Exchange Commission, dated 

December 11, 2018 (‘‘BX Letter’’). 

9See SR–BX–2018–063. 

10See, e.g., BX Letter at 3; RPI Approval Order, 

supra note 2. 

11See, id. 

representative is unable to contact the 

applicant in person or by telephone, for 

example, the applicant lives in another 

country, a manual version of Form AA– 

3 is used. One response is requested of 

each respondent. Completion of the 

form is required to obtain a benefit. 

The RRB proposes no changes to the 

forms in the information collection. 

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Form No. Annual 

responses 

Time 

(minutes) 

Burden 

(hours) 

Form AA–3cert (Ink Signature) .................................................................................................... 6,400 30 3,200 

Form AA–3sum (Attestation) ....................................................................................................... 4,600 29 2,223 

Total ...................................................................................................................................... 11,000 ........................ 5,423 

Additional Information or Comments: 

To request more information or to 

obtain a copy of the information 

collection justification, forms, and/or 

supporting material, contact Brian 

Foster at (312) 751–4826. Comments 

regarding the information collection 

should be addressed to Brian Foster, 

Railroad Retirement Board, 844 North 

Rush Street, Chicago, Illinois 60611– 

1275 or emailed to Brian.Foster@rrb.gov. 

Written comments should be received 

within 60 days of this notice. 

Brian D. Foster, 

Records Officer. 

[FR Doc. 2018–27914 Filed 12–21–18; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–84846; File No. SR–BX– 

2014–048] 

Self-Regulatory Organizations; Nasdaq 

BX, Inc.; Order Granting an Extension 

to Limited Exemptions From Rule 

612(c) of Regulation NMS In 

Connection With the Exchange’s Retail 

Price Improvement Program Until June 

30, 2019 

December 18, 2018. 

On November 28, 2014, the Securities 

and Exchange Commission 

(‘‘Commission’’) issued an order 

pursuant to its authority under Rule 

612(c) of Regulation NMS (‘‘Sub-Penny 

Rule’’) 1 that granted The NASDAQ 

OMX BX, Inc., n/k/a Nasdaq BX, Inc. 

(‘‘BX’’ or ‘‘Exchange’’), a limited 

exemption from the Sub-Penny Rule in 

connection with the operation of the 

Exchange’s Retail Price Improvement 

Program (the ‘‘RPI Program’’).2 The 

limited exemption was granted 

concurrently with the Commission’s 

approval of the Exchange’s proposal to 

adopt its RPI Program for a one-year 

pilot term.3 On November 20, 2015, the 

Commission extended the temporary 

exemption until December 2016 

concurrently with an immediately 

effective filing that extended the 

operation of the RPI Program until 

December 1, 2016.4 On December 1, 

2016, the Commission extended the 

temporary exemption until December 1, 

2017 concurrently with an immediately 

effective filing that extended the 

operation of the RPI Program until 

December 1, 2017.5 On December 1, 

2017, the Commission extended the 

temporary exemption until June 30, 

2018 concurrently with an immediately 

effective filing that extended the 

operation of the RPI Program until June 

30, 2018.6 On June 28, 2018, the 

Commission again extended the 

temporary exemption until December 

31, 2018 concurrently with an 

immediately effective filing that 

extended the operation of the RPI 

Program until December 31, 2018.7

The Exchange now seeks to extend 

the exemption until June 30, 2019.8 The 

Exchange’s request was made in 

conjunction with an immediately 

effective filing that extends the 

operation of the RPI Program through 

the same date.9 In its request to extend 

the exemption, the Exchange notes that 

given the gradual implementation of the 

RPI Program and the preliminary 

participation and results, extending the 

exemption would provide additional 

opportunities for greater participation 

and assessment of the results.10

Accordingly, the Exchange has asked 

additional time to allow it and the 

Commission to analyze data concerning 

the RPI Program, which the Exchange 

committed to provide to the 

Commission.11 For this reason and the 

reasons stated in the RPI Approval 

Order originally granting the limited 

exemption, the Commission, pursuant 

to its authority under Rule 612(c) of 

Regulation NMS, finds that pursuant to 

its authority under Rule 612(c) of 

Regulation NMS, extending the 

exemption is appropriate in the public 

interest and consistent with the 

protection of investors. 

Therefore, it is hereby ordered that, 

pursuant to Rule 612(c) of Regulation 

NMS, the Exchange is granted a limited 

exemption from Rule 612 of Regulation 

NMS that allows the Exchange to accept 

and rank orders priced equal to or 

greater than $1.00 per share in 

increments of $0.001, in connection 

with the operation of its RPI Program, 

until June 30, 2019. 

The limited and temporary exemption 

extended by this Order is subject to 

modification or revocation if at any time 

the Commission determines that such 

action is necessary or appropriate in 

furtherance of the purposes of the 

Securities Exchange Act of 1934. 

Responsibility for compliance with any 

applicable provisions of the Federal 

securities laws must rest with the 

persons relying on the exemptions that 

are the subject of this Order. 


amozie on DSK3GDR082PROD with NOTICES1