Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices 46763 

displays a currently valid OMB control 

number. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: DUE Project Data 

Form. 

OMB Control No.: 3145–0201. 

Abstract: The DUE Project Data Form 

(NSF 1295) is a component of all grant 

proposals submitted to NSF’s Division 

of Undergraduate Education. This form 

collects information needed to direct 

proposals to appropriate reviewers and 

to report the estimated collective impact 

of proposed projects on institutions, 

students, and faculty members. 

Requested information includes the 

discipline of the proposed project, 

collaborating organizations involved in 

the project, the academic level on which 

the project focuses (e.g., lower-level 

undergraduate courses, upper-level 

undergraduate courses), characteristics 

of the organization submitting the 

proposal, special audiences (if any) that 

the project would target (e.g., women, 

minorities, persons with disabilities), 

strategic foci (if any) of the project (e.g., 

research on teaching and learning, 

international activities, integration of 

research and education), and the 

number of students and faculty at 

different educational levels who would 

benefit from the project. 

Respondents: Investigators who 

submit proposals to NSF’s Division of 

Undergraduate Education. 

Estimated Number of Annual 

Respondents: 2,300. 

Burden on the Public: 20 minutes (per 

response) for an annual total of 767 

hours. 

Dated: September 10, 2018. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. 2018–19957 Filed 9–13–18; 8:45 am] 

BILLING CODE 7555–01–P 

NATIONAL SCIENCE FOUNDATION 

Advisory Committee for Geosciences; 

Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation (NSF) announces the 

following meeting: 

Name and Committee Code: Advisory 

Committee for Geosciences (1755). 

Date and Time: October 17, 2018, 8:30 

a.m.–5:00 p.m. EDT; October 18, 2018, 

8:30 a.m.–2:00 p.m. EDT. 

Place: National Science Foundation, 

2415 Eisenhower Avenue, Room 2030, 

Alexandria, Virginia 22314. 

Type of Meeting: Open. 

Contact Person: Melissa Lane, 

National Science Foundation, Room C 

8000, 2415 Eisenhower Avenue, 

Virginia 22314; Phone 703–292–8500. 

Minutes: May be obtained from the 

contact person listed above. 

Purpose of Meeting: To provide 

advice, recommendations, and oversight 

on support for geoscience research and 

education including atmospheric, geospace, earth, ocean and polar sciences. 

Agenda 

October 17, 2018 

• Directorate and NSF activities and 

plans 

• Budget Updates 

• Committee Discussion on Follow-On 

Report to Dynamic Earth 

• COV Reports 

October 18, 2018 

• Division Meetings 

• Meeting with the NSF Director and 

COO 

• Summary of AC OPP Spring Meeting 

and Upcoming Fall Meeting 

• Action Items/Planning for Spring 

2019 Meeting 

Dated: September 11, 2018. 

Crystal Robinson, 

Committee Management Officer. 

[FR Doc. 2018–19990 Filed 9–13–18; 8:45 am] 

BILLING CODE 7555–01–P 

NATIONAL SCIENCE FOUNDATION 

Committee on Equal Opportunities in 

Science and Engineering; Notice of 

Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation (NSF) announces the 

following meeting: 

Name and Committee Code: 

Committee on Equal Opportunities in 

Science and Engineering (CEOSE) 

Advisory Committee Meeting (#1173). 

Date and Time: October 18, 2018; 1:00 

p.m.–5:30 p.m.; October 19, 2018; 8:30 

a.m.–3:30 p.m. 

Place: National Science Foundation 

(NSF), 2415 Eisenhower Avenue, 

Alexandria, VA 22314. 

To help facilitate your entry into the 

building, please contact Una Alford 

(ualford@nsf.gov or 703–292–7111) on 

or prior to October 16, 2018. 

Type of Meeting: Open. 

Contact Person: Dr. Bernice 

Anderson, Senior Advisor and CEOSE 

Executive Secretary, Office of 

Integrative Activities (OIA), National 

Science Foundation, 2415 Eisenhower 

Avenue, Alexandria, VA 22314. Contact 

Information: 703–292–8040/banderso@

nsf.gov. 

Minutes: Meeting minutes and other 

information may be obtained from the 

CEOSE Executive Secretary at the above 

address or the website at http://

www.nsf.gov/od/oia/activities/ceose/ 

index.jsp. 

Purpose of Meeting: To study data, 

programs, policies, and other 

information pertinent to the National 

Science Foundation and to provide 

advice and recommendations 

concerning broadening participation in 

science and engineering. 

Agenda 

• Opening Statement and Chair Report 

by the CEOSE Chair 

• NSF Executive Liaison Report 

• Briefing: Sexual Harassment of 

Women: Climate, Culture and 

Consequences in STEM 

• Presentation: NSF INCLUDES 

Updates 

• Presentation: Building the Capacity 

and Competitiveness of MSIs—New 

Efforts 

• Discussion: Reviewing the 2017–2018 

Biennial Report to Congress 

• Presentation: Office of Diversity and 

Inclusion: Policies, Resources, and 

Practices 

• Reports and Updates from the CEOSE 

Liaisons and the Federal Liaisons 

• Meeting with NSF Director and Chief 

Operating Officer 

• Panel/Discussion: Future Directions 

Dated: September 11, 2018. 

Crystal Robinson, 

Committee Management Officer. 

[FR Doc. 2018–19991 Filed 9–13–18; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–219; NRC–2018–0175] 

Exelon Generation Company, LLC; 

Oyster Creek Nuclear Generating 

Station 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Environmental assessment and 

finding of no significant impact; 

issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of exemptions in response to a 

March 22, 2018, request from Exelon 

Generation Company, LLC (Exelon or 

the licensee), for the Oyster Creek 

Nuclear Generating Station (Oyster 

Creek). One exemption would permit 

the licensee to use funds from the 


daltland on DSKBBV9HB2PROD with NOTICES
46764 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices 

Oyster Creek decommissioning trust 

fund (DTF or the Trust) for irradiated 

fuel management activities and site 

restoration. Another exemption would 

allow the licensee to use withdrawals 

from the Trust for these activities 

without prior notification to the NRC. 

The NRC staff is issuing a final 

Environmental Assessment (EA) and 

final Finding of No Significant Impact 

(FONSI) associated with the proposed 

exemptions. 

DATES: The environmental assessment 

and finding of no significant impact 

referenced in this document is available 

on September 14, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0175 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–2018–0175. Address 

questions about NRC dockets in 

Regulations.gov to Jennifer Borges; 

telephone: 301–287–9127; email: 

Jennifer.Borges@nrc.gov. For technical 

questions, contact the individual(s) 

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. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in this 

document. In addition, 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: John 

G. Lamb, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–3100; email: 

John.Lamb@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC is considering issuance of 

exemptions from sections 

50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) of 

title 10 of the Code of Federal 

Regulations (10 CFR) for Renewed 

Facility Operating License No. DPR–16, 

issued to Exelon for Oyster Creek, 

located in Ocean County, New Jersey. 

The licensee requested the exemptions 

by letter dated March 22, 2018 (ADAMS 

Accession No. ML18081A201). The 

exemptions would allow the licensee to 

use funds from the Trust for irradiated 

fuel management and site restoration 

activities without prior notice to the 

NRC, in the same manner that funds 

from the Trust are used under 10 CFR 

50.82(a)(8) for decommissioning 

activities. In accordance with 10 CFR 

51.21, the NRC prepared the following 

environmental assessment (EA) that 

analyzes the environmental impacts of 

the proposed action. Based on the 

results of this EA, which are provided 

in Section II, and in accordance with 10 

CFR 51.31(a), the NRC has determined 

not to prepare an environmental impact 

statement for the proposed licensing 

action, and is issuing a final FONSI. 

II. Environmental Assessment 

Description of the Proposed Action 

The proposed action would partially 

exempt Exelon from meeting the 

requirements set forth in 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv). Specifically, the 

proposed action would allow Exelon to 

use funds from the Trust for irradiated 

fuel management and site restoration 

activities not associated with 

radiological decontamination and 

would exempt Exelon from meeting the 

requirement for prior notification to the 

NRC for these activities. 

The proposed action is in accordance 

with the licensee’s application dated 

March 22, 2018. 

Need for the Proposed Action 

By letter dated February 14, 2018 

(ADAMS Accession No. ML18045A084), 

Exelon informed the NRC that it plans 

to permanently ceased power operations 

at Oyster Creek no later than October 31, 

2018. 

As required by 10 CFR 

50.82(a)(8)(i)(A), decommissioning trust 

funds may be used by the licensee if the 

withdrawals are for legitimate 

decommissioning activity expenses, 

consistent with the definition of 

decommissioning in 10 CFR 50.2. This 

definition addresses radiological 

decontamination and does not include 

activities associated with irradiated fuel 

management or site restoration. 

Similarly, the requirements of 10 CFR 

50.75(h)(1)(iv) restrict the use of 

decommissioning trust fund 

disbursements (other than for ordinary 

and incidental expenses) to 

decommissioning expenses until final 

decommissioning has been completed. 

Therefore, partial exemptions from 10 

CFR 50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv) are needed to allow 

Exelon to use funds from the Trust for 

irradiated fuel management and site 

restoration activities. 

Exelon stated that Table 2 of the 

application dated March 22, 2018, 

demonstrates that the DTF contains the 

amount needed to cover the estimated 

costs of radiological decommissioning, 

as well as spent fuel management and 

site restoration activities. The adequacy 

of funds in the Trust to cover the costs 

of activities associated with irradiated 

fuel management, site restoration, and 

radiological decontamination through 

license termination is supported by the 

Oyster Creek Post-Shutdown 

Decommissioning Activities Report 

submitted by Exelon in a letter dated 

May 21, 2018 (ADAMS Accession No. 

ML18141A775). The licensee stated that 

it needs access to the funds in the Trust 

in excess of those needed for 

radiological decontamination to support 

irradiated fuel management and site 

restoration activities not associated with 

radiological decontamination. 

The requirements of 10 CFR 

50.75(h)(1)(iv) further provide that, 

except for decommissioning 

withdrawals being made under 10 CFR 

50.82(a)(8) or for payments of ordinary 

administrative costs and other 

incidental expenses of the Trust, no 

disbursement may be made from the 

Trust until written notice of the 

intention to make a disbursement has 

been given to the NRC at least 30 

working days in advance of the 

intended disbursement. Therefore, an 

exemption from 10 CFR 50.75(h)(1)(iv) 

is needed to allow Exelon to use funds 

from the Trust for irradiated fuel 

management and site restoration 

activities without prior NRC 

notification. 

In summary, by letter dated March 22, 

2018, Exelon requested exemptions to 

allow Trust withdrawals, without prior 

written notification to the NRC, for 

irradiated fuel management and site 

restoration activities. 

Environmental Impacts of the Proposed 

Action 

The NRC staff has completed its 

evaluation of the environmental impacts 

of the proposed action. 

The proposed action involves 

exemptions from requirements that are 


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Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices 46765 

of a financial or administrative nature 

and that do not have an impact on the 

environment. The NRC has completed 

its evaluation of the proposed action 

and concludes that there is reasonable 

assurance that adequate funds are 

available in the Trust to complete all 

activities associated with 

decommissioning and irradiated fuel 

management and site restoration. There 

is no decrease in safety associated with 

the use of the Trust to fund activities 

associated with irradiated fuel 

management and site restoration. 

Section 50.82(a)(8)(v) of 10 CFR requires 

a licensee to submit a financial 

assurance status report annually 

between the time of submitting its 

decommissioning cost estimate and 

submitting its final radiation survey and 

demonstrating that residual 

radioactivity has been reduced to a level 

that permits termination of its license. 

Section 50.82(a)(8)(vi) of 10 CFR 

requires that if the remaining balance, 

plus expected rate of return, plus any 

other financial surety mechanism does 

not cover the estimated costs to 

complete the decommissioning, 

additional financial assurance must be 

provided to cover the cost of 

completion. These annual reports 

provide a means for the NRC to monitor 

the adequacy of available funding. Since 

the exemptions would allow Exelon to 

use funds from the Trust that are in 

excess of those required for radiological 

decontamination of the site and the 

adequacy of funds dedicated for 

radiological decontamination are not 

affected by the proposed exemptions, 

there is reasonable assurance that there 

will be no environmental impact due to 

lack of adequate funding for 

decommissioning. 

The proposed action will not 

significantly increase the probability or 

consequences of radiological accidents. 

Additionally, the NRC staff has 

concluded that the proposed changes 

have no direct radiological impacts. 

There would be no change to the types 

or amounts of radiological effluents that 

may be released, therefore, no change in 

occupational or public radiation 

exposure from the proposed changes. 

There are no materials or chemicals 

introduced into the plant that could 

affect the characteristics or types of 

effluents released offsite. In addition, 

the method of operation of waste 

processing systems will not be affected 

by the exemption. The proposed 

exemption will not result in changes to 

the design basis requirements of 

structures, systems, and components 

(SSCs) that function to limit or monitor 

the release of effluents. All the SSCs 

associated with limiting the release of 

effluents will continue to be able to 

perform their functions. Moreover, no 

changes would be made to plant 

buildings or the site property from the 

proposed changes. Therefore, there are 

no significant radiological 

environmental impacts associated with 

the proposed action. 

With regard to potential 

nonradiological impacts, the proposed 

changes would have no direct impacts 

on land use or water resources, 

including terrestrial and aquatic biota, 

as they involve no new construction or 

modification of plant operational 

systems. There would be no changes to 

the quality or quantity of 

nonradiological effluents and no 

changes to the plant’s National Pollutant 

Discharge Elimination System permits 

would be needed. In addition, there 

would be no noticeable effect on 

socioeconomic conditions in the region, 

no environment justice impacts, no air 

quality impacts, and no impacts to 

historic and cultural resources from the 

proposed changes. Therefore, there are 

no significant nonradiological 

environment impacts associated with 

the proposed action. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

action. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the NRC staff considered denial 

of the proposed action (i.e., the ‘‘noaction’’ alternative). Denial of the 

application would result in no change 

in current environmental impacts. The 

environmental impacts of the proposed 

action and the alternative action are 

similar. 

Alternative Use of Resources 

There are no unresolved conflicts 

concerning alternative uses of available 

resources under the proposed action. 

Agencies or Persons Consulted 

No additional agencies or persons 

were consulted regarding the 

environmental impact of the proposed 

action. On August 10, 2018, the State of 

New Jersey representatives were 

notified of the EA and FONSI. 

III. Finding of No Significant Impact 

The licensee has proposed 

exemptions from 10 CFR 

50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv), which would allow 

Exelon to use funds from the Trust for 

irradiated fuel management and site 

restoration activities, without prior 

written notification to the NRC. 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 or nonradiological impacts. 

The reason the human environment 

would not be significantly affected is 

that the proposed action involves 

exemptions from requirements that are 

of a financial or administrative nature 

and that do not have an impact of the 

human environment. Consistent with 10 

CFR 51.21, the NRC conducted the EA 

for the proposed action, and this FONSI 

incorporates by reference the EA 

included in Section II. Therefore, the 

NRC concludes that the proposed action 

will not have significant effects on the 

quality of the human environment. 

Accordingly, the NRC has determined 

not to prepare an environmental impact 

statement for the proposed action. 

Other than the licensee’s letter dated 

March 22, 2018, there are no other 

environmental documents associated 

with this review. This document is 

available for public inspection as 

indicated section I. 

Previous considerations regarding the 

environmental impacts of operating 

Oyster Creek Nuclear Generating 

Station, in accordance with its renewed 

operating license, is described in the 

‘‘Final Environmental Statement for 

Oyster Creek Nuclear Generating 

Station,’’ dated December 1974, and 

NUREG–1437, Supplement 28, ‘‘Generic 

Environmental Impact Statement for 

License Renewal of Nuclear Plants: 

Regarding Oyster Creek Nuclear 

Generating Station,’’ Volumes 1 and 2, 

Final Report, dated January 2007. 

IV. Availability of Documents 

Date Title ADAMS 

accession No. 

3/22/2018 .......... Letter from Exelon to NRC titled ‘‘Request for Exemption from 10 50.82(a)(8)(i)(A) and 10 CFR 

50.75(h)(1)(iv)’’.

ML18081A201 


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46766 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See NYSE Rule 104(a)(1)(B)(iii) and (iv). 

5See NYSE Arca Rule 7.23–E(a)(1)(B)(iii) and (iv). 

6See NYSE National Rule 7.23(a)(1)(B)(iii) and 

(iv). 

7See Securities Exchange Act Release No. 80577 

(May 2, 2017), 82 FR 21446 (May 8, 2017) (SR– 

NYSEMKT–2017–04). 

Date Title ADAMS 

accession No. 

2/14/2018 .......... Letter from Exelon to NRC titled ‘‘Certification of Permanent Cessation of Power Operations for Oyster 

Creek Nuclear Generating Station’’.

ML18045A084 

5/21/2018 .......... Letter from Exelon to NRC titled ‘‘Oyster Creek Nuclear Generating Station—Post-Shutdown Decommissioning Activities Report’’.ML18141A775 

12/1974 ............. Final Environmental Statement for Oyster Creek Nuclear Generating Station ................................................ ML072200150 

1/2007 ............... NUREG–1437, Supplement 28, ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear 

Plants: Regarding Oyster Creek Nuclear Generating Station,’’ Volumes 1 and 2.

ML070100234 

ML070100258 

Dated at Rockville, Maryland, this 10th day 

of September 2018. 

For the Nuclear Regulatory Commission. 

John G. Lamb, 

Senior Project Manager, Special Projects and 

Process Branch, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2018–19976 Filed 9–13–18; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–84069; File No. SR– 

NYSEAMER–2018–43] 

Self-Regulatory Organizations; NYSE 

American LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend Rule 7.23E, 

Obligations of Market Makers 

September 10, 2018. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on August 

28, 2018, NYSE American LLC (the 

‘‘Exchange’’ or ‘‘NYSE American’’) filed 

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the self-regulatory 

organization. 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 proposes to amend 

Rule 7.23E, Obligations of Market 

Makers. The proposed rule change is 

available on the Exchange’s website at 

www.nyse.com, at the principal office of 

the Exchange, 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 

self-regulatory organization 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 those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to codify 

existing practice by harmonizing Rule 

7.23E, Obligations of Market Makers, 

with similar rules of its affiliates, the 

New York Stock Exchange, Inc. 

(‘‘NYSE’’),4 NYSE Arca, Inc. (‘‘NYSE 

Arca’’),5 and NYSE National LLC 

(‘‘NYSE National’’) 6. Specifically, the 

Exchange proposes to add language to 

paragraphs (a)(1)(B)(iii) and (iv) of 

Exchange Rule 7.23E to state that for 

purposes of each paragraph, rights and 

warrants will be considered Tier 2 NMS 

Stocks. This text was inadvertently not 

included in each paragraph when 

Exchange Rule 7.23E was first adopted.7

In sum, Exchange Rule 7.23E(a)(1) 

sets forth the two-side quoting 

obligations of market makers and 

requires that the price of the bid (offer) 

interest shall be not more than the 

Designated Percentage away from the 

then current National Best Bid (Offer), 

or if no National Best Bid (Offer), not 

more than the Designated Percentage 

away from the last reported sale from 

the responsible single plan processor. In 

the event that the National Best Bid 

(Offer) (or if no National Best Bid 

(Offer), the last reported sale) increases 

(decreases) to a level that would cause 

the bid (offer) interest of the Two-Sided 

Obligation to be more than the Defined 

Limit away from the National Best Bid 

(Offer) (or if no National Best Bid 

(Offer), the last reported sale) or if the 

bid (offer) is executed or cancelled, the 

Market Maker shall enter new bid (offer) 

interest at a price not more than the 

Designated Percentage away from the 

then current National Best Bid (Offer) 

(or if no National Best Bid (Offer), the 

last reported sale), or identify to the 

Exchange current resting interest that 

satisfies the Two-Sided Obligation. 

Exchange Rules 7.23E(a)(1)(B)(iii) and 

(iv) include definitions for the terms 

‘‘Designated Percentage’’ and ‘‘Defined 

Limit.’’ Pursuant to paragraph 

(a)(1)(B)(iii) of Exchange Rule 7.23E, the 

‘‘Designated Percentage’’ shall be 8% for 

Tier 1 NMS Stocks under the Limit UpLimit Down Plan (‘‘Tier 1 NMS 

Stocks’’), 28% for Tier 2 NMS Stocks 

under the Limit Up-Limit Down Plan 

(‘‘Tier 2 NMS Stocks’’) with a price 

equal to or greater than $1.00, and 30% 

for Tier 2 NMS Stocks with a price 

lower than $1.00, except that between 

9:30 a.m. and 9:45 a.m. Eastern Time 

and between 3:35 p.m. Eastern Time 

and the close of Core Trading Hours, the 

Designated Percentage shall be 20% for 

Tier 1 NMS Stocks, 28% for Tier 2 NMS 

Stocks with a price equal to or greater 

than $1.00, and 30% for Tier 2 NMS 

Stocks with a price lower than $1.00. 

Pursuant to paragraph (a)(1)(B)(iv) of 

Exchange Rule 7.23E, the ‘‘Defined 

Limit’’ shall be 9.5% for Tier 1 NMS 

Stocks, 29.5% for Tier 2 NMS Stocks 

with a price equal to or greater than 

$1.00, and 31.5% for Tier 2 NMS Stocks 

with a price lower than $1.00, except 

that between 9:30 a.m. and 9:45 a.m. 

Eastern Time and between 3:35 p.m. 

Eastern Time and the close of Core 

Trading Hours, the Defined Limit shall 

be 21.5% for Tier 1 NMS Stocks, 29.5% 

for Tier 2 NMS Stocks with a price 

equal to or greater than $1.00, and 

31.5% for Tier 2 NMS Stocks with a 

price lower than $1.00. 


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