48184 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices 

NATIONAL SCIENCE FOUNDATION 

Notice of Permit Applications Received 

Under the Antarctic Conservation Act 

of 1978 

AGENCY: National Science Foundation. 

ACTION: Notice of permit applications 

received under the Antarctic 

Conservation Act of 1978, Pub. L. 95– 

541. 

SUMMARY: The National Science 

Foundation (NSF) is required to publish 

notice of permit applications received to 

conduct activities regulated under the 

Antarctic Conservation Act of 1978. 

NSF has published regulations under 

the Antarctic Conservation Act at Title 

45 Part 670 of the Code of Federal 

Regulations. This is the required notice 

of permit applications received. 

DATES: Interested parties are invited to 

submit written data, comments, or 

views with respect to this permit 

application by September 7, 2011. This 

application may be inspected by 

interested parties at the Permit Office, 

address below. 

ADDRESSES: Comments should be 

addressed to Permit Office, Room 755, 

Office of Polar Programs, National 

Science Foundation, 4201 Wilson 

Boulevard, Arlington, Virginia 22230. 

FOR FURTHER INFORMATION CONTACT: 

Polly A. Penhale at the above address or 

(703) 292–7420. 

SUPPLEMENTARY INFORMATION: The 

National Science Foundation, as 

directed by the Antarctic Conservation 

Act of 1978 (Pub. L. 95–541), as 

amended by the Antarctic Science, 

Tourism and Conservation Act of 1996, 

has developed regulations for the 

establishment of a permit system for 

various activities in Antarctica and 

designation of certain animals and 

certain geographic areas requiring 

special protection. The regulations 

establish such a permit system to 

designate Antarctic Specially Protected 

Areas. 

The applications received are as 

follows: 

1. Applicant: Permit Application No. 

2012–005, George Watters, Director, 

U.S. AMLR Program, Southwest 

Fisheries Science Center, NOAA, 8604 

La Jolla Shores Drive, La Jolla, CA 

92037. 

Activity for Which Permit is 

Requested: Take, Enter an Antarctic 

Specially Protected Area, and Import 

into the USA. The applicant plans to 

census, photo, capture/restrain, 

measure, weigh, tag, instrument (TDR, 

VHF, GLS, GPS, PTT, and/or PIT), 

anesthesia, sample collection (blood, 

hair, nail, fecal, skin biopsy, vibrissae, 

tooth, milk, scat, and IV/IM injections 

(including DLW) up to 200 adult/ 

juvenile and 600 pup Antarctic fur 

seals, 50 adult/juvenile Leopard seals, 

50 adult/juvenile and 100 pup Southern 

elephant seals, and 30 adult/juvenile 

and 20 pup Weddell seals as part of a 

long-term ecosystem monitoring 

program established in 1986 studying 

the foraging ecology, population 

dynamics, census and reproductive 

success and energetic of Antarctic seals. 

In addition, the applicant will 

continue studies of the behavioral 

ecology and population biology of the 

Adelie, Gentoo and Chinstrap penguins, 

and interactions among these species 

and their principal avian predators 

(skuas, gulls, sheathbills and giant 

petrels). Up to 2000 Chinstraps, 1500 

Adelie, 2700 Gentoo penguins, 250 

Brown skua, 350 South polar skua, 600 

Giant petrel, 100 Kelp gulls, 150 Blueeyed shag, 20 Snowy sheathbills, and 

200 Cape Petrels will be banded, 

measured, eggs collected, blood 

sampled, fecal and feathers sampled. 

After sample collection, all birds will be 

released. 

Location: ASPA 149–Cape Shirreff 

and San Telmo Island, ASPA 128– 

Western Shore of Admiralty Bay, and 

ASPA 151–Lions Rump, Antarctic 

Peninsula region. 

Dates: October 1, 2011 to July 30, 

2016. 

Nadene G. Kennedy, 

Permit Officer, Office of Polar Programs. 

[FR Doc. 2011–19961 Filed 8–5–11; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–171; NRC–2011–0141] 

Exelon Nuclear, Peach Bottom Atomic 

Power Station, Unit 1; Exemption From 

Certain Security Requirements 

1.0 Background 

Exelon Nuclear is the licensee and 

holder of Facility Operating License No. 

DPR–12 issued for Peach Bottom 

Atomic Power Station (PBAPS), Unit 1, 

located in York County, PA. PBAPS 

Unit 1 is a permanently shut down 

nuclear reactor facility. PBAPS Unit 1 

was a high-temperature, gas-cooled 

reactor that was operated from June of 

1967 to its final shutdown on October 

31, 1974. All spent fuel has been 

removed from the site, and the spent 

fuel pool is drained and 

decontaminated. The reactor vessel, 

primary system piping, and steam 

generators remain in place. The facility 

is permanently shut down in a 

SAFSTOR condition, defueled and 

Exelon is no longer authorized to 

operate or place fuel in the reactor. 

PBAPS Unit 1 is currently licensed 

pursuant to Section 104(b) of the 

Atomic Energy Act of 1954, as amended, 

and 10 CFR part 50, ‘‘Domestic 

Licensing of Production and Utilization 

Facilities,’’ to possess but not operate 

the facility. 

All residual radioactivity from the 

final decommissioned plant 

configuration is contained within the 

PBAPS Unit 1 Containment and Spent 

Fuel Pool Buildings. Within the 

Containment Building, more than 99.9 

percent of the estimated 0.2 megacuries 

of radioactivity is contained inside the 

reactor vessel in the form of induced 

activity in the vessel walls, reactor 

internals and control rod couplings 

(Reference 4). The reactor vessel is 

contained inside the reactor vessel 

cavity and is accessible only by 

removing the concrete missile shields, 

the refueling port flanges and the 

refueling port shield plugs. The missile 

shields can only be removed with the 

building crane which is electrically 

deactivated. 

2.0 Action 

Section 50.54(p)(1) of Title 10 of the 

Code of Federal Regulations (10 CFR) 

states in part, ‘‘The licensee shall 

prepare and maintain safeguards 

contingency plan procedures in 

accordance with Appendix C of Part 73 

of this chapter for affecting the actions 

and decisions contained in the 

Responsibility Matrix of the safeguards 

contingency plan.’’ 

Part 73 of 10 CFR, ‘‘Physical 

Protection of Plant and Materials,’’ 

provides in part in 73.1(a), ‘‘This part 

prescribes requirements for the 

establishment and maintenance of a 

physical protection system which will 

have capabilities for the protection of 

special nuclear material at fixed sites 

and in transit and of plants in which 

special nuclear material is used.’’ In 

Section 73.55, entitled ‘‘Requirements 

for physical protection of licensed 

activities in nuclear power reactors 

against radiological sabotage,’’ 

paragraph (b)(1) states, ‘‘The licensee 

shall establish and maintain a physical 

protection program, to include a 

security organization, which will have 

as its objective to provide high 

assurance that activities involving 

special nuclear material are not inimical 

to the common defense and security and 

do not constitute an unreasonable risk 

to the public health and safety.’’ 

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Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices 48185 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

revised 10 CFR 73.55, in part, to include 

the preceding language, through the 

issuance of a final rule on March 27, 

2009. The revised regulation stated that 

it was applicable to all Part 50 licensees. 

The NRC became aware that many Part 

50 licensees with facilities in 

decommissioning status did not 

recognize the applicability of this 

regulation to their facility. Accordingly, 

the NRC informed licensees with 

facilities in decommissioning status and 

other stakeholders that the requirements 

of 10 CFR 73.55 were applicable to all 

Part 50 licensees. By letter dated August 

2, 2010, the NRC informed Exelon 

Nuclear of the applicability of the 

revised rule and stated that it would 

have to evaluate the applicability of the 

regulation to its facility and either make 

appropriate changes or request an 

exemption. 

By letter dated November 18, 2010, 

Exelon Nuclear responded to the NRC’s 

letter and requested exemptions from 

the security requirements in 10 CFR part 

73 and 10 CFR 50.54(p). 

3.0 Discussion 

Pursuant to 10 CFR 50.12, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR part 50, when 

(1) the exemptions are authorized by 

law, will not present an undue risk to 

public health or safety, and are 

consistent with the common defense 

and security; and (2) when special 

circumstances are present. Special 

circumstances are present, for example, 

when application of the regulation in 

the particular circumstances would not 

serve the underlying purpose of the rule 

or when compliance would result in 

costs significantly in excess of those 

incurred by others similarly situated. 

Also, pursuant to 10 CFR 73.5, ‘‘Specific 

exemptions,’’ the Commission may, 

upon application of any interested 

person or upon its own initiative, grant 

exemptions from the regulations in Part 

73 as it determines are authorized by 

law and will not endanger life or 

property or the common defense and 

security, and are otherwise in the public 

interest. 

The purpose of the security 

requirements of 10 CFR part 73, as 

applicable to a 10 CFR part 50 licensed 

facility, is to prescribe requirements for 

a facility that possesses and utilizes 

special nuclear material (SNM). The 

transfer of the PBAPS Unit 1 spent 

nuclear fuel to the Idaho National 

Engineering and Environmental 

Laboratory (INEEL) for reprocessing was 

completed on February 17, 1977. With 

the completion of the fuel transfer, there 

is no longer any SNM located within 

PBAPS Unit 1 other than that contained 

in plant systems as residual 

contamination. 

The remaining radioactive material is 

in a form that does not pose a risk of 

removal (i.e., an intact reactor pressure 

vessel) and is well dispersed and is not 

easily aggregated. With the removal of 

the fuel containing SNM, the potential 

for radiological sabotage or diversion of 

SNM at the 10 CFR part 50 licensed site 

was eliminated. Therefore, the 

continued application of the 10 CFR 

part 73 requirements to PBAPS Unit 1 

would no longer be necessary to achieve 

the underlying purpose of the rule. 

Additionally, as has been noted at other 

decommissioning nuclear power 

facilities, with the removal of the spent 

nuclear fuel from the site, the 10 CFR 

part 50 licensed site would be 

comparable to a source and byproduct 

licensee that uses general industrial 

security (i.e. locks and barriers) to 

protect the public health and safety. The 

continued application of 10 CFR part 73 

security requirements would cause the 

licensee to expend significantly more 

funds for security requirements than 

other source and byproduct facilities. 

Therefore, compliance with 10 CFR part 

73 would result in costs significantly in 

excess of those incurred by others 

similarly situated. Based on the above, 

the NRC has determined that the 

removal of the fuel containing SNM at 

the 10 CFR part 50 licensed site 

constitutes special circumstances. The 

possession and responsibility for the 

security of the SNM was transferred to 

INEEL and is no longer the 

responsibility of the licensee. Therefore, 

protection of the SNM is no longer a 

requirement of the licensee’s 10 CFR 

part 50 license. With no SNM to protect, 

there is no need for a safeguards 

contingency plan or procedures, 

physical security plan, guard training 

and qualification plan, or cyber security 

plan for the PBAPS Unit 1, 10 CFR part 

50 licensed site. 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

50.12(a), an exemption is authorized by 

law, will not present an undue risk to 

the public health and safety, and is 

consistent with the common defense 

and security based on the continued 

maintenance of appropriate security 

requirements for the remaining SNM 

contained in plant systems as residual 

contamination. Additionally, special 

circumstances are present based on the 

removal of the spent nuclear fuel from 

the 10 CFR part 50 licensed site. 

Therefore, the Commission hereby 

grants Exelon Nuclear an exemption 

from the requirements of 10 CFR 

50.54(p) at PBAPS Unit 1. 

The Commission has also determined 

that, pursuant to 10 CFR 73.5, an 

exemption is authorized by law, will not 

endanger life or property or the common 

defense and security, and is otherwise 

in the public interest because the 

security requirements for the spent fuel 

containing SNM are no longer the 

responsibility of the licensee. Therefore, 

the Commission hereby grants Exelon 

Nuclear an exemption from the fixed 

site physical protection requirements of 

10 CFR part 73 at PBAPS Unit 1. The 

fixed site physical protection 

requirements of 10 CFR part 73 are 

delineated in §§ 73.20, 74.40, 73.45, 

73.46, 73.50, 73.51, 73.54, 73.55, 73.56, 

73.57, 73.58, 73.59, 73.60, 73.61, 73.67, 

Appendix B and Appendix C. The 

requirements for protection of 

safeguards information, physical 

protection of SNM in transit, and 

records and reports, contained in these 

or other sections of Part 73 continue to 

apply. To the extent that the licensee’s 

request for an exemption from 10 CFR 

part 73 included the requirements other 

than for the fixed site physical 

protection requirements, that request is 

denied. 

Part of this licensing action meets the 

categorical exclusion provision in 10 

CFR 51.22(c)(25), as part of this action 

is an exemption from the requirements 

of the Commission’s regulations and (i) 

there is no significant hazards 

consideration; (ii) there is no significant 

change in the types or significant 

increase in the amounts of any effluents 

that may be released offsite; (iii) there is 

no significant increase in individual or 

cumulative public or occupational 

radiation exposure; (iv) there is no 

significant construction impact; (v) 

there is no significant increase in the 

potential for or consequences from 

radiological accidents; and (vi) the 

requirements from which an exemption 

is sought involve safeguard plans. 

Therefore, this part of the action does 

not require either an environmental 

assessment or an environmental impact 

statement. 

Pursuant to 10 CFR 51.21, 51.32, and 

51.35, an environmental assessment and 

finding of no significant impact related 

to part of this exemption was published 

in the Federal Register on June 28, 2011 

(76 FR 37842). Based upon the 

environmental assessment, the 

Commission has determined that 

issuance of this exemption will not have 

a significant effect on the quality of the 

human environment. 

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48186 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78f. 

4 15 U.S.C. 78f(b)(4). 

These exemptions are effective 

immediately. 

Dated at Rockville, Maryland, this 1st day 

of August 2011. 

For the U.S. Nuclear Regulatory 

Commission. 

Keith I. McConnell, 

Deputy Director, Decommissioning and 

Uranium Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. 2011–20016 Filed 8–5–11; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–65013; File No. SR– 

NASDAQ–2011–103] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Modify Fees 

for Members Using the NASDAQ 

Market Center 

August 2, 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 July 27, 

2011, The NASDAQ Stock Market LLC 

(the ‘‘Exchange’’ or ‘‘NASDAQ’’) filed 

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III, below, which Items 

have been prepared by NASDAQ. 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 

NASDAQ proposes to modify pricing 

for NASDAQ members using the 

NASDAQ Market Center. NASDAQ will 

implement the proposed change on 

August 1, 2011. The text of the proposed 

rule change is available from NASDAQ’s 

Web site at http:// 

nasdaq.cchwallstreet.com, at 

NASDAQ’s principal office, at the 

Commission’s Public Reference Room, 

and at the Commission’s Web site at 

http://www.sec.gov. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

NASDAQ 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. 

NASDAQ 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

NASDAQ is amending Rule 7018 to 

make modifications to its pricing 

schedule for execution of quotes/orders 

through the NASDAQ Market Center of 

securities priced at $1 or more. 

Specifically, NASDAQ has several 

liquidity provider rebate tiers focused 

on members that are active in both the 

NASDAQ Stock Market and the 

NASDAQ Options Market. Currently, a 

member that provides shares of liquidity 

in the NASDAQ Market Center 

representing 0.9% or more of the total 

consolidated volume reported to all 

consolidated transaction reporting plans 

by all exchanges and trade reporting 

facilities during the month, and trades 

a daily average of more than 300,000 

contracts in the NASDAQ Options 

Market during the month, is eligible to 

receive a rebate of $0.0015 per share 

executed for its non-displayed quotes/ 

orders and $0.00295 per share executed 

for its displayed quotes/orders. 

NASDAQ is modifying the tier 

requirements slightly to require 

liquidity in the NASDAQ Market Center 

representing more than 1.0% of total 

consolidated volume, and an average 

daily volume of more than 200,000 

contracts in the NASDAQ Options 

Market. Although NASDAQ is raising 

the requirement for liquidity provision 

in the NASDAQ Market Center and 

lowering the requirement for NASDAQ 

Options Market activity, it is NASDAQ’s 

expectation, based on observed trading 

patterns in the market, that the change 

will make it easier for members to 

achieve the criteria for the tier, and 

therefore will result in a price 

reduction. 

2. Statutory Basis 

NASDAQ believes that the proposed 

rule change is consistent with the 

provisions of Section 6 of the Act,3 in 

general, and with Section 6(b)(4) of the 

Act,4 in particular, in that it provides for 

the equitable allocation of reasonable 

dues, fees and other charges among 

members and issuers and other persons 

using any facility or system which 

NASDAQ operates or controls. All 

similarly situated members are subject 

to the same fee structure, and access to 

NASDAQ is offered on fair and nondiscriminatory terms. 

NASDAQ notes that its pricing tiers 

focused on members active in both the 

NASDAQ Market Center and the 

NASDAQ Options Market are 

responsive to the convergence of trading 

in which members simultaneously trade 

different asset classes within a single 

strategy. NASDAQ also notes that cash 

equities and options markets are linked, 

with liquidity and trading patterns on 

one market affecting those on the other. 

Accordingly, pricing incentives that 

encourage market participant activity in 

both markets recognize that activity in 

the options markets also supports price 

discovery and liquidity provision in the 

NASDAQ Market Center. Moreover, 

NASDAQ believes that these changes 

are reasonable because they will make it 

easier for members active in both 

markets to qualify for an enhanced 

rebate, and are also non-discriminatory 

and equitable. They are open to all 

members, but are not the exclusive 

means by which members may qualify 

for the associated rebate levels. 

Accordingly, members are not required 

to trade in the NASDAQ Options Market 

in order to receive the applicable 

rebates. 

Finally, NASDAQ notes that it 

operates in a highly competitive market 

in which market participants can 

readily favor competing venues if they 

deem fee levels at a particular venue to 

be excessive. In such an environment, 

NASDAQ must continually adjust its 

fees to remain competitive with other 

exchanges and with alternative trading 

systems that have been exempted from 

compliance with the statutory standards 

applicable to exchanges. NASDAQ 

believes that the proposed rule change 

reflects this competitive environment 

because it will broaden the conditions 

under which members may qualify for 

higher liquidity provider rebates. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

NASDAQ does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

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