Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices 80825 

the availability of information regarding 

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–2020–0256. 

• 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. 

• 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 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal Rulemaking website: https://

www.regulations.gov. Please include 

Docket ID NRC–2020–0256 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 posts all comment 

submissions at https://

www.regulations.gov as well as enters 

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 submissions into 

ADAMS. 

II. Additional Information 

The NRC is issuing for public 

comment a DG in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 

This DG, identified by its task 

number, DG–1288, titled, ‘‘PlantSpecific, Risk-Informed Decisionmaking 

for Inservice Inspections of Piping,’’ 

(ADAMS Accession No. ML20210M047) 

is a proposed Revision 2 of RG 1.178 

This revision of RG 1.178 (Revision 2) 

describes an approach that is acceptable 

to the staff of the NRC for developing 

risk-informed inservice inspections of 

piping (RI–ISI) programs and 

supplements the guidance provided in 

RG 1.174, ‘‘An Approach for Using 

Probabilistic Risk Assessment in RiskInformed Decisions on Plant-Specific 

Changes to the Licensing Basis.’’ It 

updates the defense-in-depth 

philosophy to be consistent with the 

philosophy described in RG 1.174. RG 

1.174 was revised in 2018 to expand the 

meaning of, and the process for, 

assessing defense-in-depth 

considerations. Specifically, this 

revision of RG 1.178 references the 

defense-in-depth guidance in RG 1.174 

in several staff regulatory positions. 

Additionally, the NRC staff revised 

this guide to (1) update Section C.2.2, 

‘‘Evaluation of Risk Impact,’’ of this RG 

to be consistent with Section C.2.3 in 

RG 1.174, which provides specific 

considerations with respect to 

determining the acceptability of the 

probabilistic risk assessment used in 

risk-informed decisionmaking, and (2) 

add the reference to ASME Code Case 

N–716–1, ‘‘Alternative Classification 

and Examination Requirements, Section 

XI, Division 1,’’ dated January 27, 2013, 

which describes an RI–ISI process as 

approved in RG 1.147. 

A previous version of DG–1288 

(ADAMS Accession No. ML12017A076) 

was issued for public comment on June 

29, 2012 (77 FR 38856) under Docket ID 

NRC–2012–0110. The staff did not fully 

consider the public comments received 

at that time due to the extent of the 

changes for RG 1.174. However, the staff 

has reviewed and addressed some 

comments on this DG. Commenters on 

the previous version are encouraged to 

review and comment on this version. 

The staff is also issuing for public 

comment a draft regulatory analysis 

(ADAMS Accession No. 

ML20210M044). The staff develops a 

regulatory analysis to assess the value of 

issuing or revising a regulatory guide as 

well as alternative courses of action. 

III. Backfitting, Forward Fitting, and 

Issue Finality 

DG–1288, if finalized, would revise 

RG 1.178, Revision 2, which describes 

methods acceptable to the NRC staff for 

complying with the NRC’s regulations 

for developing RI–ISI programs and 

supplements the guidance provided in 

RG 1.174. 

Issuance of DG–1288, if finalized, 

would not constitute backfitting as 

defined in section 50.109 of the Code of 

Federal Regulation (10 CFR), 

‘‘Backfitting,’’ and as described in NRC 

Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests’’; constitute forward fitting as 

that term is defined and described in 

MD 8.4; or affect the issue finality of any 

approval issued under 10 CFR part 52. 

As explained in DG–1288, applicants 

and licensees would not be required to 

comply with the positions set forth in 

DG–1288. 

Dated: December 8, 2020. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guidance and Generic 

Issues Branch, Division of Engineering, Office 

of Nuclear Regulatory Research. 

[FR Doc. 2020–27382 Filed 12–11–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. EA–20–006 and EA–20–007; 

ASLBP No. 21–969–01–EA–BD01] 

In the Matter of Tennessee Valley 

Authority; Establishment of Atomic 

Safety and Licensing Board 

Pursuant to delegation by the 

Commission, see 37 FR 28710 (Dec. 29, 

1972), and the Commission’s 

regulations, see, e.g., 10 CFR 2.104, 

2.105, 2.300, 2.309, 2.313, 2.318, 2.321, 

notice is hereby given that an Atomic 

Safety and Licensing Board (Board) is 

being established to preside over the 

following proceeding: 

Tennessee Valley Authority 

(Enforcement Action) 

This Board is being established 

pursuant to a referral from the NRC 

Office of the Secretary of two hearing 

requests, one from the Tennessee Valley 

Authority (TVA), and another from Erin 

Henderson, challenging an order 

imposing a civil penalty on TVA. The 

challenged order, issued on October 29, 

2020, by the NRC Office of Enforcement, 

was published in the Federal Register 

on November 4, 2020. See 85 FR 70203 

(Nov 4, 2020). 


jbell on DSKJLSW7X2PROD with NOTICES
80826 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Notices 

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

2 17 CFR 240.19b–4. 

3See Exchange Rule 1901. 

4See Cboe Global Markets, U.S Equities Market 

Volume Summary, available at https://

markets.cboe.com/us/equities/market_share/. 

5See FINRA ATS Transparency Data, available at 

https://otctransparency.finra.org/otctransparency/ 

AtsIssueData. A list of alternative trading systems 

registered with the Commission is available at 

https://www.sec.gov/foia/docs/atslist.htm. 

6See Cboe Global Markets U.S. Equities Market 

Volume Summary, available at http://

markets.cboe.com/us/equities/market_share/. 

The Board is comprised of the 

following Administrative Judges: 

Paul S. Ryerson, Chairman, Atomic 

Safety and Licensing Board Panel, 

U.S. Nuclear Regulatory Commission. 

Washington, DC 20555–0001 

E. Roy Hawkens, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001 

Dr. Sue H. Abreu, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001 

All correspondence, documents, and 

other materials shall be filed in 

accordance with the NRC E-Filing rule. 

See 10 CFR 2.302. 

Dated December 8, 2020. 

Edward R. Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel, Rockville, 

Maryland. 

[FR Doc. 2020–27362 Filed 12–11–20; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Federal Prevailing Rate Advisory 

Committee; Cancellation of Upcoming 

Meeting 

AGENCY: Office of Personnel 

Management. 

ACTION: Notice. 

SUMMARY: The Federal Prevailing Rate 

Advisory Committee is issuing this 

notice to cancel the December 17, 2020, 

public meeting scheduled to be held in 

Room 5A06A, Office of Personnel 

Management Building, 1900 E Street 

NW, Washington, DC. The original 

Federal Register notice announcing this 

meeting was published Monday, 

December 23, 2019, at 84 FR 70580. 

FOR FURTHER INFORMATION CONTACT: 

Madeline Gonzalez, 202–606–2858, or 

email pay-leave-policy@opm.gov. 

Office of Personnel Management. 

Alexys Stanley, 

Regulatory Affairs Analyst. 

[FR Doc. 2020–27430 Filed 12–11–20; 8:45 am] 

BILLING CODE 6325–49–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–90590; File No. SR– 

PEARL–2020–32] 

Self-Regulatory Organizations; MIAX 

PEARL, LLC; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend the Equities 

Fee Schedule 

December 8, 2020. 

Pursuant to the provisions of 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 2, 2020, MIAX PEARL, 

LLC (‘‘MIAX PEARL’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) a 

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 is filing a proposal to 

amend the fee schedule applicable for 

MIAX PEARL Equities, an equities 

trading facility of the Exchange (the 

‘‘Fee Schedule’’).3 The proposed 

changes are scheduled to become 

operative on December 2, 2020. 

The text of the proposed rule change 

is available on the Exchange’s website at 

http://www.miaxoptions.com/rulefilings/pearl at MIAX PEARL’s principal 

office, and at the Commission’s Public 

Reference Room. 

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 

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 proposed rule 

change is to amend the Fee Schedule 

applicable to MIAX PEARL Equities to 

provide pricing for securities priced 

below $1.00 that are executed on MIAX 

PEARL Equities. 

The Exchange operates in a highly 

competitive market in which market 

participants can readily direct order 

flow to competing venues if they deem 

fee levels at a particular venue to be 

excessive or rebates/incentives to be 

insufficient. More specifically, the 

Exchange is only one of several equities 

venues (including both registered 

exchanges and various alternative 

trading systems) to which market 

participants may direct their order flow 

and execute their trades. Indeed, equity 

trading is currently dispersed across 16 

exchanges,4 31 alternative trading 

systems,5 and numerous broker-dealer 

internalizers and wholesalers, all 

competing for order flow. Based on 

publicly available information, no single 

registered equities exchange currently 

has more than approximately 20% of 

total market share.6 Thus, in such a lowconcentrated and highly competitive 

market, no single equities trading venue 

possesses significant pricing power in 

the execution of trades, and, the 

Exchange currently represents a very 

small percentage of the overall market. 

The purpose of this proposed fee 

change is for business and competitive 

reasons. As a new entrant into the 

equities market, the Exchange initially 

adopted a fee structure that provided 

that orders in securities priced below 

$1.00 would be free that executed at 

MIAX PEARL Equities, regardless of 

whether they add or remove liquidity to 

encourage market participants to submit 

orders to the Exchange. The Exchange 

now proposes to charge a standard fee 

of 0.30% of the total dollar value of any 

transaction in securities priced below 

$1.00 that removes liquidity from MIAX 

PEARL Equities. The Exchange also 

proposes to provide a standard rebate of 

0.30% of the total dollar value of any 

transaction in securities priced below 


jbell on DSKJLSW7X2PROD with NOTICES