Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 44927 

SGI because the authorizing law and 

regulations for SGI provide specific 

handling controls. 

IV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document 

ADAMS accession 

No./Federal Register 

citation 

Draft Template for Protective Orders Governing the Disclosure and Use of Sensitive Unclassified Non-Safeguards Information (SUNSI) in Hearings Related to Conformance with Inspections, Tests, Analyses, and Acceptance Criteria 

(ITAAC).

ML18239A329. 

Draft Template for Protective Orders Governing the Disclosure and Use of Safeguards Information (SGI) in Hearings 

Related to Conformance with Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC).

ML18239A322. 

Final Procedures for Conducting Hearings on Conformance With the Acceptance Criteria in Combined Licenses, dated 

July 1, 2016.

81 FR 43266. 

SECY–15–0010, Final Procedures for Hearings on Conformance With the Acceptance Criteria in Combined Licenses, 

dated January 20, 2015.

ML14343A747. 

Final Rule: Controlled Unclassified Information, dated September 14, 2016 ......................................................................... 81 FR 63324. 

NRC Regulatory Issue Summary 2005–26, Control of Sensitive Unclassified Non-Safeguards Information Related to Nuclear Power Reactors, dated November 7, 2005.ML051430228. 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

website at http://www.regulations.gov 

under Docket ID NRC–2018–0190. The 

Federal Rulemaking website allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2018–0190); (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

Dated at Rockville, Maryland, this 28th day 

of August 2018. 

For the Nuclear Regulatory Commission. 

Susan H. Vrahoretis, 

Assistant General Counsel for New Reactor 

Programs, Office of the General Counsel. 

[FR Doc. 2018–19023 Filed 8–31–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–440; NRC–2018–0187] 

FirstEnergy Nuclear Operating 

Company; FirstEnergy Nuclear 

Generation Company, LLC; Perry 

Nuclear Power Plant, Unit No. 1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Environmental assessment and 

finding of no significant impact; 

issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is making a finding 

of no significant impact (FONSI) for a 

proposed issuance of an exemption to 

FirstEnergy Nuclear Operating Company 

(FENOC, the licensee), for Perry Nuclear 

Power Plant (PNPP), Unit No. 1, located 

in Lake County, Ohio. The proposed 

action would grant the licensee a partial 

exemption from the ‘‘Physical barrier’’ 

requirements in the NRC’s regulations, 

to allow FENOC to continue using 

vertical, rather than angled, barbed wire 

fence toppings in certain limited 

protected area sections on-site. The NRC 

is considering an exemption to facility 

operating license no. NPF–58, issued on 

November 13, 1986, and held by 

FENOC, and FirstEnergy Nuclear 

Generation Company, LLC for the 

operation of PNPP, Unit No. 1. 

DATES: The environmental assessment 

referenced in this document is available 

on September 4, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0187 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0187. Address 

questions about NRC dockets to Jennifer 

Borges; telephone: 301–287–9127; 

email: Jennifer.Borges@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://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. For the convenience of the 

reader, the ADAMS accession numbers 

are provided in a table in the 

‘‘Availability of Documents’’ section of 

this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Bhalchandra K. Vaidya, Office of 

Nuclear Reactor Regulation, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–3308; email: 

Bhalchandra.Vaidya@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is considering issuance of a 

partial exemption, pursuant to section 

73.5 of title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Specific 

exemptions,’’ from the ‘‘Physical 

barrier’’ requirement of 10 CFR 73.2, 

specifically with respect to the design 

criteria specified in 10 CFR 73.2(1) 

‘‘fences,’’ as it applies to the angular 

specification for brackets used to 

support the required barbed wire (or 

similar material) topper, to FENOC and 

FirstEnergy Nuclear Generation 

Company, LLC (collectively, the 

licensee), for PNPP, Unit No. 1, located 

in Lake County, Ohio. 

In accordance with 10 CFR 51.21, the 

NRC has prepared an environmental 

assessment (EA) that analyzes the 

environmental effects of the proposed 

action. Based on the results of the EA 

and in accordance with 10 CFR 51.31(a), 

the NRC has prepared a FONSI for the 

proposed exemption. 

II. Environmental Assessment 

Description of the Proposed Action 

The proposed action would grant the 

licensee a partial exemption from the 


sradovich on DSK3GMQ082PROD with NOTICES
44928 Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 

‘‘physical barrier’’ requirement of 10 

CFR 73.2, specifically with respect to 

the design criteria specified in 10 CFR 

73.2(1) ‘‘fences,’’ as it applies to the 

angular specification for brackets used 

to support the required barbed wire (or 

similar material) topper. As stated in 10 

CFR 73.2, fences must be constructed of 

No. 11 American wire gauge, or heavier 

wire fabric, topped by three strands or 

more of barbed wire or similar material 

on brackets angled inward or outward 

between 30 and 45 degrees from the 

vertical, with an overall height of not 

less than eight feet, including the barbed 

topping. If approved, the partial 

exemption would allow the licensee to 

continue to use, without modification, 

the current configuration of vertical 

barbed wire fence toppings in limited 

protected area sections on-site, as 

specified on the maps submitted by the 

licensee in its letter dated March 16, 

2018, to meet the regulatory 

requirements of 10 CFR part 73, 

‘‘Physical protection of plants and 

materials.’’ Specifically, barbed wire on 

top of physical barrier fencing on gates, 

near gates, near interfaces with 

buildings, and on corners is oriented 

vertically. 

The proposed action is in accordance 

with the licensee’s application dated 

July 19, 2017, as supplemented by 

letters dated March 16, 2018; and May 

2, 2018. 

Need for the Proposed Action 

Physical protection consists of a 

variety of measures to protect nuclear 

facilities and material against sabotage, 

theft, diversion, and other malicious 

acts. The NRC and its licensees use a 

graded approach for physical protection, 

consistent with the significance of the 

facilities or material to be protected. In 

so doing, the NRC establishes the 

regulatory requirements and assesses 

compliance, and licensees are 

responsible for providing the protection. 

The proposed action is needed to 

allow the licensee to continue to use, 

without modification, the current 

configuration of vertical barbed wire 

fence toppings in certain limited 

protected area sections on-site, as 

shown on the maps submitted by the 

licensee in its March 16, 2018, letter. 

Currently, some of the barbed wire 

bracketing on top of the protected area 

physical barrier fencing do not meet 

certain design criteria specified in 10 

CFR 73.2. Specifically, barbed wire on 

top of physical barrier fencing on gates, 

near gates, near interfaces with 

buildings, and on corners is oriented 

vertically. 

Separate from this EA, the NRC staff 

is evaluating the licensee’s proposed 

action, which will be documented in a 

safety evaluation report. The staff’s 

review will determine whether there is 

reasonable assurance that the site 

maintains adequate protection from the 

current physical barriers in accordance 

with the requirements in 10 CFR part 

73. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its 

environmental evaluation of the 

proposed action. The proposed action 

would grant the licensee a partial 

exemption from the ‘‘physical barrier’’ 

requirement of 10 CFR 73.2, specifically 

with respect to the design criteria 

specified in 10 CFR 73.2(1) ‘‘fences,’’ as 

it applies to the angular specification for 

brackets used to support the required 

barbed wire (or similar material) topper. 

This will allow the licensee to continue 

using vertical, rather than angled, 

barbed wire fence toppings in certain 

limited protected area sections on site. 

The proposed action would have no 

direct impacts on land use or water 

resources, including terrestrial and 

aquatic biota as the proposed action 

involves no new construction or 

modification of plant operational 

systems. There would be no changes to 

the quality or quantity of nonradiological effluents. No changes to the 

plant’s National Pollutant Discharge 

Elimination System permit are needed. 

In addition, there would be no 

noticeable effect on air pollutant 

emissions, socio-economic conditions in 

the region, no environment justice 

impacts, and no impacts to historic and 

cultural resources. Therefore, there 

would be no significant non-radiological 

impacts associated with the proposed 

action. 

The NRC has concluded that the 

proposed action would not significantly 

affect plant safety and would not have 

a significant adverse effect on the 

probability of an accident occurring. 

There would be no change to 

radioactive effluents that affect radiation 

exposures to plant workers and 

members of the public. No changes 

would be made to plant buildings or the 

site property. Therefore, implementing 

the proposed action would not result in 

a change to the radiation exposures to 

the public or radiation exposure to plant 

workers. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the NRC considered denial of the 

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

alternative). Denial of the exemption 

request would result in the licensee 

having to replace the vertical barbed 

wire fence toppings with angled barbed 

wire that meets the definition of 

‘‘Physical barrier’’ in 10 CFR 73.2. This 

could result in temporary, minor 

changes in vehicular traffic and 

associated air pollutant emissions due 

to any construction-related impacts of 

performing the necessary modifications, 

but no significant changes in ambient 

air quality would be expected. 

Alternative Use of Resources 

There are no unresolved conflicts 

concerning alternative uses of available 

resources under the proposed action. 

Agencies and Persons Consulted 

The NRC staff did not enter into 

consultation with any other Federal 

agency or with the State of Ohio 

regarding the environmental impact of 

the proposed action. 

III. Finding of No Significant Impact 

The licensee has requested an 

exemption from the ‘‘physical barrier’’ 

requirement of 10 CFR 73.2, specifically 

with respect to the design criteria 

specified in 10 CFR 73.2(1) ‘‘fences,’’ to 

allow the licensee to continue using 

vertical, rather than angled, barbed wire 

fence toppings in limited protected area 

sections on site. The NRC is considering 

issuing the requested exemption. The 

proposed action would not significantly 

affect plant safety, would not have a 

significant adverse effect on the 

probability of an accident occurring, 

and would not have any significant 

radiological and non-radiological 

impacts. This FONSI incorporates by 

reference the EA in Section II of this 

notice. Therefore, 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. 

The related environmental document 

is NUREG–0884, ‘‘Final Environmental 

Statement Related to the Operation of 

Perry Nuclear Power Plant, Units 1 and 

2,’’ which provides the latest 

description of environmental conditions 

at Perry Nuclear Power Plant, Unit No. 

1. 

IV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / Notices 44929 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 83619 

(July 11, 2018), 83 FR 32932. 

4 15 U.S.C. 78s(b)(2). 

5 15 U.S.C. 78s(b)(2). 

6 17 CFR 200.30–3(a)(31). 

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

2 17 CFR 240.19b–4. 

3On December 18, 2017, FICC filed the proposed 

rule change as advance notice SR–FICC–2017–806 

with the Commission pursuant to Section 806(e)(1) 

of Title VIII of the Dodd-Frank Wall Street Reform 

and Consumer Protection Act entitled the Payment, 

Clearing, and Settlement Supervision Act of 2010 

(‘‘Clearing Supervision Act’’) and Rule 19b– 

4(n)(1)(i) of the Act (‘‘Advance Notice’’). 12 U.S.C. 

5465(e)(1) and 17 CFR 240.19b–4(n)(1)(i), 

respectively. The Advance Notice was published for 

comment in the Federal Register on January 30, 

2018. In that publication, the Commission also 

extended the review period of the Advance Notice 

for an additional 60 days, pursuant to Section 

806(e)(1)(H) of the Clearing Supervision Act. 12 

U.S.C. 5465(e)(1)(H); Securities Exchange Act 

Release No. 82583 (January 24, 2018), 83 FR 4358 

(January 30, 2018) (SR–FICC–2017–806). On April 

10, 2018, the Commission required additional 

information from FICC pursuant to Section 

806(e)(1)(D) of the Clearing Supervision Act, which 

tolled the Commission’s period of review of the 

Advance Notice until 60 days from the date the 

information required by the Commission was 

received by the Commission. 12 U.S.C. 

5465(e)(1)(D); see 12 U.S.C. 5465(e)(1)(E)(ii) and 

(G)(ii); see Memorandum from the Office of 

Clearance and Settlement Supervision, Division of 

Trading and Markets, titled ‘‘Commission’s Request 

for Additional Information,’’ available at https://

www.sec.gov/rules/sro/ficc-an.htm. On June 28, 

2018, FICC filed Amendment No. 1 to the Advance 

Notice to amend and replace in its entirety the 

Advance Notice as originally filed on December 18, 

2017, which was published in the Federal Register 

on August 6, 2018. Securities Exchange Act Release 

No. 83747 (July 31, 2018), 83 FR 38393 (August 6, 

2018) (SR–FICC–2017–806). FICC submitted a 

courtesy copy of Amendment No. 1 to the Advance 

Notice through the Commission’s electronic public 

comment letter mechanism. Accordingly, 

Amendment No. 1 to the Advance Notice has been 

publicly available on the Commission’s website at 

https://www.sec.gov/rules/sro/ficc-an.htm since 

June 29, 2018. On July 6, 2018, the Commission 

received a response to its request for additional 

information in consideration of the Advance Notice, 

which, in turn, added a further 60 days to the 

review period pursuant to Section 806(e)(1)(E) and 

(G) of the Clearing Supervision Act. 12 U.S.C. 

5465(e)(1)(E) and (G); see Memorandum from the 

Office of Clearance and Settlement Supervision, 

Division of Trading and Markets, titled ‘‘Response 

to the Commission’s Request for Additional 

Information,’’ available at https://www.sec.gov/ 

rules/sro/ficc-an.htm. The Commission did not 

receive any comments. The proposal, as set forth in 

both the Advance Notice and the proposed rule 

change, each as modified by Amendments No. 1, 

shall not take effect until all required regulatory 

actions are completed. 

Document ADAMS accession No. 

FirstEnergy Nuclear Operating Company; Exemption Request for a Physical Barrier Requirement; Dated July 19, 

2017.

ML17200D139. 

FirstEnergy Nuclear Operating Company; Response to Request For Additional Information Regarding Exemption Request for a Physical Barrier Requirement; Dated March 16, 2018.ML18078A033. 

FirstEnergy Nuclear Operating Company; Response to Request For Additional Information Regarding Exemption Request for a Physical Barrier Requirement; Dated May 2, 2018.ML18122A133. 

NUREG–0884; Final Environmental Statement Related to the Operation of Perry Nuclear Power Plant, Units 1 and 2; 

Dated August 1982.

ML15134A060. 

Dated at Rockville, Maryland, this 29th day 

of August 2018. 

For the Nuclear Regulatory Commission. 

Bhalchandra K. Vaidya, 

Project Manager, Plant Licensing Branch III, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. 2018–19122 Filed 8–31–18; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–83975; File No. SR– 

MIAX–2018–14] 

Self-Regulatory Organizations; Miami 

International Securities Exchange LLC; 

Notice of Designation of Longer Period 

for Commission Action on Proposed 

Rule Change To List and Trade 

Options on the SPIKESTM Index 

August 28, 2018. 

On June 28, 2018, Miami International 

Securities Exchange, LLC (‘‘MIAX 

Options’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 a proposed rule change to 

permit the listing and trading of options 

on the SPIKESTM Index, which 

measures expected 30-day volatility of 

the SPDR S&P 500 ETF Trust. The 

proposed rule change was published for 

comment in the Federal Register on July 

16, 2018.3 The Commission has received 

no comments on the proposal. 

Section 19(b)(2) of the Act 4 provides 

that within 45 days of the publication of 

notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day for this filing 

is August 30, 2018. 

The Commission is extending the 45- 

day time period for Commission action 

on the proposed rule change. The 

Commission finds that it is appropriate 

to designate a longer period within 

which to take action on the proposed 

rule change so that it has sufficient time 

to consider the proposed rule change. 

Accordingly, pursuant to Section 

19(b)(2) of the Act 5 and for the reasons 

stated above, the Commission 

designates October 14, 2018, as the date 

by which the Commission shall either 

approve or disapprove, or institute 

proceedings to determine whether to 

disapprove, the proposed rule change 

(File No. SR–MIAX–2018–14). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2018–19057 Filed 8–31–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–83970; File No. SR–FICC– 

2017–022] 

Self-Regulatory Organizations; Fixed 

Income Clearing Corporation; Order 

Approving a Proposed Rule Change, 

as Modified by Amendment No. 1, To 

Amend the Loss Allocation Rules and 

Make Other Changes 

August 28, 2018. 

On December 18, 2017, Fixed Income 

Clearing Corporation (‘‘FICC’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) proposed 

rule change SR–FICC–2017–022 

pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder 2 to 

amend its loss allocation rules and make 

other conforming and technical 

changes.3 The proposed rule change was 

published for comment in the Federal 


sradovich on DSK3GMQ082PROD with NOTICES