76498 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 

for NFS Exemption,’’ November 15, 2010, 

ADAMS Accession No. ML103200288. 

Dated at Rockville, Maryland, this 1st day 

of December 2010. 

For the Nuclear Regulatory Commission. 

Merritt Baker, 

Acting Chief, Fuel Cycle Facilities Branch, 

Division of Fuel Cycle Safety and Safeguards, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 2010–30860 Filed 12–7–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–346; NRC–2010–0378] 

Firstenergy Nuclear Operating 

Company, Davis-Besse Nuclear Power 

Station; Environmental Assessment 

And Finding of No Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC, or the Commission) 

is considering issuance of an 

Exemption, pursuant to Title 10 of the 

Code of Federal Regulations (10 CFR) 

Section 50.12, ‘‘Specific Exemptions,’’ 

from 10 CFR 50.61, ‘‘Fracture Toughness 

Requirements for Protection Against 

Pressurized Thermal Shock Events’’ and 

from 10 CFR part 50, Appendix G, 

‘‘Fracture Toughness Requirements’’ for 

Facility Operating License No. NPF–3, 

issued to FirstEnergy Nuclear Operating 

Company (FENOC, the licensee), for 

operation of the Davis-Besse Nuclear 

Power Station, Unit 1 (DBNPS), located 

in Ottawa County, Ohio. In accordance 

with 10 CFR 51.21, the NRC performed 

an environmental assessment 

documenting its findings. The NRC 

concluded that the proposed actions 

will have no significant environmental 

impact. 

Environmental Assessment 

Identification of the Proposed Action 

Title 10 of the Code of Federal 

Regulations (10 CFR), Part 50, Appendix 

G requires that fracture toughness 

requirements for ferritic materials of 

pressure-retaining components of the 

reactor coolant pressure boundary of 

light-water nuclear power reactors 

provide adequate margins of safety 

during any condition of normal 

operation, including anticipated 

operational occurrences and system 

hydrostatic tests, to which the pressure 

boundary may be subjected over its 

service lifetime, section 50.61 provides 

fracture toughness requirements for 

protection against pressurized thermal 

shock (PTS) events. By letter dated 

April 15, 2009 (Agencywide Documents 

Access and Management System 

(ADAMS) Accession No. 

ML091130228), as supplemented by 

letter dated December 18, 2009 (ADAMS 

Accession No. ML093570103), and 

October 8, 2010 (ADAMS Accession No. 

ML102861221), FENOC proposed 

exemptions from the requirements of 10 

CFR part 50, Appendix G and 10 CFR 

50.61, to revise certain DBNPS reactor 

pressure vessel (RPV) initial 

(unirradiated) properties using 

Framatome Advanced Nuclear Power 

Topical Report BAW–2308, Revisions 

1–A and 2–A, ‘‘Initial RTNDT of Linde 80 

Weld Materials.’’ 

The licensee requested an exemption 

from Appendix G to 10 CFR part 50 to 

replace the required use of the existing 

Charpy V-notch (Cv) and drop weightbased methodology and allow the use of 

an alternate methodology to incorporate 

the use of fracture toughness test data 

for evaluating the integrity of the 

DBNPS RPV circumferential beltline 

welds based on the use of the 1997 and 

2002 editions of American Society for 

Testing and Materials (ASTM) Standard 

Test Method E 1921, ‘‘Standard Test 

Method for Determination of Reference 

Temperature T0, for Ferritic Steels in the 

Transition Range,’’ and American 

Society for Mechanical Engineering 

Boiler and Pressure Vessel Code (ASME 

B&PV Code), Code Case N–629, ‘‘Use of 

Fracture Toughness Test Data to 

establish Reference Temperature for 

Pressure Retaining materials of Section 

III, Division 1, Class 1.’’ The exemption 

is required since Appendix G to 10 CFR 

part 50, through reference to Appendix 

G to Section XI of the ASME Code 

pursuant to 10 CFR 50.55(a), requires 

the use of a methodology based on Cv

and drop weight data. 

The licensee also requested an 

exemption from 10 CFR 50.61 to use an 

alternate methodology to allow the use 

of fracture toughness test data for 

evaluating the integrity of the DBNPS 

RPV circumferential beltline welds 

based on the use of the 1997 and 2002 

editions of ASTM E 1921 and ASME 

Code Case N–629. The exemption is 

required since the methodology for 

evaluating RPV material fracture 

toughness in 10 CFR 50.61 requires the 

use of the Cv and drop weight data for 

establishing the PTS reference 

temperature (RTPTS). 

The proposed action is in accordance 

with the licensee’s application dated 

April 15, 2009, as supplemented by 

letters dated December 18, 2009, August 

26 and October 8, 2010. 

The Need for the Proposed Action 

The proposed action is needed to 

allow the licensee to use an alternate 

method, as described in Topical Report 

BAW–2308, Revisions 1–A and 2–A, 

‘‘Initial RTNDT of Linde 80 Weld 

Materials’’ for determining the initial, 

unirradiated material reference 

temperatures of the Linde 80 weld 

materials present in the beltline region 

of the DBNPS RPV. This action, by 

being exempted from 10 CFR 50.61 

would allow the licensee to revise its 

pressurized thermal shock reference 

temperature values in the future. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its evaluation 

of the proposed exemption. The NRC 

staff has concluded that the proposed 

action to allow an alternate method for 

determining the initial, unirradiated 

material reference temperatures of the 

Linde 80 weld materials present in the 

beltline region of the DBNPS RPV 

would not significantly affect plant 

safety and would not have a significant 

adverse effect on the probability of an 

accident occurring. The proposed action 

would not result in an increased 

radiological hazard beyond those 

previously analyzed in the Final Safety 

Analysis Report for DBNPS. 

The NRC staff’s safety evaluation will 

be provided in the exemption that will 

be issued as part of the letter to the 

licensee approving the exemption to the 

regulation, if granted. 

There will be no change to radioactive 

effluents that effect radiation exposures 

to plant workers and members of the 

public. The proposed action does not 

involve a change to plant buildings or 

land areas on the DBNPS site. Therefore, 

no changes or different types of 

radiological impacts are expected as a 

result of the proposed exemption. 

The proposed action does not result 

in changes to land use or water use, or 

result in changes to the quality or 

quantity of non-radiological effluents. 

No changes to the National Pollution 

Discharge Elimination System permit 

are needed. No effects on the aquatic or 

terrestrial habitat in the vicinity or the 

plant, or to threatened, endangered, or 

protected species under the Endangered 

Species Act, or impacts to essential fish 

habitat covered by the MagnusonSteven’s Act are expected. There are no 

impacts to the air or ambient air quality. 

There are no impacts to historical and 

cultural resources. There would be no 

impact to socioeconomic resources. 

Therefore, no changes to or different 

types of non-radiological environmental 

impacts are expected as a result of the 

proposed exemption. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

action. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 76499 

1 15 U.S.C. 80b–4(b). 

2 Designation of NASD Regulation, Inc., to 

Establish and Maintain the Investment Adviser 

Registration Depository; Approval of IARD Fees, 

Investment Advisers Act Release No. 1888 (July 28, 

2000) [65 FR 47807 (Aug. 3, 2000)]. FINRA was 

formerly known as NASD. 

3Electronic Filing by Investment Advisers; 

Amendments to Form ADV, Investment Advisers 

Act Release No. 1897 (Sept. 12, 2000) [65 FR 57438 

(Sept. 22, 2000)]. 

4The IARD system is used by both advisers 

registering or registered with the SEC and advisers 

registered or registering with one or more state 

securities authorities. NASAA represents the state 

securities administrators in setting IARD filing fees 

for state-registered advisers. 

5NASD letter dated September 9, 2005, available 

at http://www.sec.gov/rules/other/ 

nasdlet090905.pdf. 

6Approval of Investment Adviser Registration 

Depository Filing Fees, Investment Advisers Act 

Release No. 2439 (Oct. 7, 2005) [70 FR 59789 (Oct. 

13, 2005)]. 

7NASD letter dated October 13, 2006 and FINRA 

letters dated October 10, 2008 and July 8, 2009 

available at http://www.sec.gov/rules/other/2006/ 

nasdletter101306-iardfee.pdf, http://www.sec.gov/ 

rules/other/2008/finraletter101008-iardfees.pdf, 

and http://www.sec.gov/rules/other/2009/ 

finraletter070809-iardfees.pdf, respectively. 

8Approval of Investment Adviser Registration 

Depository Filing Fees, Investment Advisers Act 

Release No. 2564 (Oct. 26, 2006), Investment 

Advisers Act Release No. 2806 (Oct. 30, 2008) [73 

FR 65900 (Nov. 5. 2008)], and Investment Advisers 

Act Release No. 2909 (July 31, 2009) [74 FR 39352 

(Aug. 6, 2009)]. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the staff considered denial of the 

proposed action (i.e., the ‘‘no-action’’ 

alternative). Denial of the application 

would result in no change in current 

environmental impacts. The 

environmental impacts of the proposed 

action and the ‘‘no-action’’ alternative 

action are similar. 

Alternative Use of Resources 

The action does not involve the use of 

any different resources than those 

previously considered in the Final 

Environmental Statement, NUREG–75/ 

097, dated October 1975, for DBNPS. 

Agencies and Persons Consulted 

In accordance with its stated policy, 

on October 22, 2010, the staff consulted 

with the Ohio State official, Ms. Carol 

O’Claire of the Ohio Emergency 

Management Agency, regarding the 

environmental impact of the proposed 

action. The State official had no 

comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated April 15, 2009. 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 Agencywide Documents Access and 

Management System (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 send an 

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

Dated at Rockville, Maryland, this 29th day 

of November 2010. 

For the Nuclear Regulatory Commission. 

Michael Mahoney, 

Project Manager, Plant Licensing Branch III– 

2, Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2010–30862 Filed 12–7–10; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IA–3119; File No. S7–38–10] 

Approval of Investment Adviser 

Registration Depository Filing Fees 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice of intent to charge 

revised IARD filing fees for advisers 

registering with or registered with the 

Commission. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’) is 

revising Investment Adviser 

Registration Depository annual and 

initial filing fees that will be charged 

beginning January 1, 2011. 

Hearing or Notification of Hearing: An 

order approving the IARD filing fees 

will be issued unless the Commission 

orders a hearing. Interested persons may 

request a hearing by writing to the 

Commission’s Secretary. Hearing 

requests should be received by the SEC 

by 5:30 p.m. on December 21, 2010. 

Hearing requests should state the nature 

of the writer’s interest, the reason for the 

request, and the issues contested. 

Persons may request notification of a 

hearing by writing to the Commission’s 

Secretary. 

ADDRESSES: Elizabeth M. Murphy, 

Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

FOR FURTHER INFORMATION CONTACT: 

Keith Kanyan, IARD System Manager, at 

202–551–6737, or Iarules@sec.gov, 

Office of Investment Adviser 

Regulation, Division of Investment 

Management, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–8549. 

SUPPLEMENTARY INFORMATION: Section 

204(b) of the Investment Advisers Act of 

1940 (‘‘Advisers Act’’) authorizes the 

Commission to require investment 

advisers to file applications and other 

documents through an entity designated 

by the Commission, and to pay 

reasonable costs associated with such 

filings.1 In 2000, the Commission 

designated the Financial Industry 

Regulatory Authority Regulation, Inc. 

(‘‘FINRA’’) as the operator of the 

Investment Adviser Registration 

Depository (‘‘IARD’’) system. At the 

same time, the Commission approved, 

as reasonable, filing fees.2 The 

Commission later required advisers 

registered or registering with the SEC to 

file Form ADV through the IARD.3 Over 

11,000 advisers currently use the IARD 

system to register with the SEC and 

make state notice filings electronically 

through the Internet. 

Commission staff, representatives of 

the North American Securities 

Administrators Association, Inc. 

(‘‘NASAA’’),4 and representatives of 

FINRA periodically hold discussions on 

IARD system finances. In the early years 

of operations, SEC-associated IARD 

revenues exceeded projections while 

SEC-associated IARD expenses were 

lower than estimated, resulting in a 

surplus. In 2005, FINRA wrote a letter 

to SEC staff recommending a waiver of 

annual fees for a one-year period.5 The 

Commission concluded that this was 

appropriate and waived annual fees.6 In 

2006, 2008, and 2009 FINRA wrote to 

the staff again, recommending a twoyear, a nine-month, and a five-month 

waiver, respectively, of all fees to 

continue to reduce the surplus.7 The 

Commission agreed and issued orders 

waiving all IARD fees.8 At the 

conclusion of the 2009 waiver, FINRA 

wrote to the staff again, recommending 

reduced levels of fees be charged in 


jlentini on DSKJ8SOYB1PROD with NOTICES