20512 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices 

• 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. 

B. Submitting Comments 

Please include Docket ID NRC–2015– 

0091 in the subject line of your 

comment submission, in order to ensure 

that the NRC is able to make your 

comment submission available to the 

public in this docket. 

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 http://

www.regulations.gov as well as entering 

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 and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The DG, entitled, ‘‘Quality Group 

Classifications and Standards for 

Water-, Steam-, and Radioactive-WasteContaining Components of Nuclear 

Power Plants,’’ is temporarily identified 

by its task number, DG–1314. This DG– 

1314 is proposed revision 5 of RG 1.26. 

The guide describes a quality 

classification system related to specified 

national standards that may be used to 

determine quality standards acceptable 

to the staff of the NRC for satisfying 

General Design Criterion 1, ‘‘Quality 

Standards and Records,’’ as set forth in 

appendix A, ‘‘General Design Criteria 

for Nuclear Power Plants,’’ to part 50 of 

Title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Licensing of 

Production and Utilization Facilities,’’ 

for components containing water, steam, 

or radioactive material in light-watercooled nuclear power plants. 

This guidance has been revised to 

update references to related guidance, to 

incorporate lessons learned from recent 

reviews and regulatory activities, and to 

align the format and content of the 

guide with the current program 

guidance for regulatory guides since 

Revision 4 of RG 1.26 was issued. 

III. Backfitting and Issue Finality 

This draft regulatory guide may be 

used by applicants for construction 

permits and operating licenses under 10 

CFR part 50, and early site permits, 

standard design certifications, standard 

design approvals, and combined 

licenses under 10 CFR part 52. Holders 

of construction permits, operating 

licenses, early site permits, standard 

design approvals, and combined 

licenses, and applicants for standard 

design certifications after the NRC 

issues a final design certification rule 

may also use the guidance in this draft 

regualtory guide, if finalized. 

This DG, if finalized, would not 

constitute backfitting as defined in 10 

CFR 50.109 (the Backfit Rule) and 

would not otherwise be inconsistent 

with the issue finality provisions in 10 

CFR part 52. As discussed in the 

‘‘Implementation’’ section of this DG, 

the NRC has no current intention to 

impose this DG on current holders of 

operating licenses or combined licenses. 

This DG, if finalized, may be applied 

to applications for operating licenses 

and combined licenses docketed by the 

NRC as of the date of issuance of the 

final RG, as well as future applications 

for operating licenses and combined 

licenses submitted after the issuance of 

the RG. Such action does not constitute 

backfitting as defined in 10 CFR 

50.109(a)(1) or is otherwise inconsistent 

with the applicable issue finality 

provision in 10 CFR part 52, inasmuch 

as such applicants or potential 

applicants, with exceptions not 

applicable here, are not within the 

scope of entities protected by the Backfit 

Rule or the relevant issue finality 

provisions in part 52. 

The exceptions to the general 

principle are applicable whenever an 

applicant references a part 52 license 

(e.g., an early site permit) and/or NRC’s 

regulatory approval (e.g., a design 

certification rule) with specified issue 

finality provisions. The staff does not, at 

this time, intend to impose the positions 

represented in this regulatory guide in 

a manner that is inconsistent with any 

of the issue finality provisions 

applicable to early site permits (10 CFR 

52.39), design certifications (10 CFR 

52.63), or combined license applications 

referencing an early site permit (10 CFR 

52.83). If, in the future, the staff seeks 

to impose a position in this regulatory 

guide in a manner which does not 

provide issue finality as described in the 

applicable issue finality provision, then 

the staff must make address the criteria 

for avoiding issue finality as described 

applicable issue finality provision. 

Dated at Rockville, Maryland, this 10th day 

of April 2015. 

For the Nuclear Regulatory Commission. 

Thomas H. Boyce, 

Chief, Regulatory Guidance and Generic 

Issues Branch, Division of Engineering, Office 

of Nuclear Regulatory Research. 

[FR Doc. 2015–08739 Filed 4–15–15; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–295 and 50–304; NRC– 

2015–0087] 

ZionSolutions, LLC, Zion Nuclear 

Power Station, Units 1 and 2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption from certain emergency 

planning requirements in response to a 

June 20, 2012, request from 

ZionSolutions, LLC. The requirements 

were part of a final rule that the NRC 

issued on November 23, 2011. 

DATES: April 16, 2015. 

ADDRESSES: Please refer to Docket ID 

NRC–2015–0087 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 Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2015–0087. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@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 publicly 

available documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices 20513 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

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 available in 

ADAMS) is provided the first time that 

a document is referenced. 

• 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 

B. Hickman, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington DC 

20555–0001; telephone: 301–415–3017, 

email: John.Hickman@nrc.gov. 

I. Background 

Zion Nuclear Power Station (ZNPS) 

Units 1 and 2 were permanently shut 

down in February 1998, for economic 

reasons, and the licensee placed the 

plant in SAFSTOR. The licensee 

isolated the spent fuel pool (SFP) within 

its Fuel Building and established a 

spent fuel pool nuclear island with SFPdedicated support systems. In 1999, the 

NRC issued an exemption from certain 

requirements in part 50 of Title 10 of the 

Code of Federal Regulations (10 CFR), 

for the ZNPS licensee to discontinue 

offsite emergency planning activities 

and to reduce the scope of onsite 

emergency planning. In September 

2010, the licensed ownership, 

management authorities, and 

decommissioning trust fund of the 

permanently shut down facility was 

transferred to ZionSolutions (ZS), a 

subsidiary of EnergySolutions, for the 

purpose of completing all 

decommissioning activities with the end 

goal of full site restoration. Active 

decommissioning is currently 

underway. 

The NRC’s emergency planning (EP) 

regulations provide in part that no 

initial operating license for a nuclear 

power reactor will be issued unless a 

finding is made by the NRC that there 

is reasonable assurance that adequate 

protective measures can and will be 

taken in the event of a radiological 

emergency. Additionally, the NRC’s EP 

regulations establishe minimum 

requirements for emergency plans for 

use in attaining an acceptable state of 

emergency preparedness. 

On November 23, 2011 (76 FR 72560), 

the NRC issued a Final Rule amending 

certain EP requirements for licensees of 

nuclear power and non-power reactors. 

The Final EP Rule was effective on 

December 23, 2011. 

The Final EP Rule modified or added 

several EP requirements in 10 CFR part 

50, including changes in 10 CFR 50.47, 

10 CFR 50.54, and appendix E. The 

Final EP Rule codified certain voluntary 

protective measures contained in NRC 

Bulletin 2005–02, ‘‘Emergency 

Preparedness and Response Actions for 

Security-Based Events,’’ and made 

generically applicable requirements 

similar to those previously imposed by 

NRC Order EA–02–026, ‘‘Order for 

Interim Safeguards and Security 

Compensatory Measures,’’ dated 

February 25, 2002. 

In addition, the Final EP Rule 

amended other licensee emergency plan 

requirements to: (1) Enhance the ability 

of licensees in preparing and in taking 

certain protective actions in the event of 

a radiological emergency; (2) address, in 

part, security issues identified after the 

terrorist events of September 11, 2001; 

(3) clarify regulations to effect 

consistent emergency plan 

implementation among licensees; and 

(4) modify certain EP requirements to be 

more effective and efficient. 

II. Request/Action 

By letter dated June 20, 2012, 

(ADAMS Accession No. ML12173A316) 

ZS, submitted a request for exemption, 

‘‘Request for Exemption to Revised 

Emergency Planning Rule,’’ from 

specific emergency planning 

requirements of 10 CFR part 50 for the 

ZNPS. 

III. 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. 

The NRC staff reviewed the licensee’s 

request and determined that exemptions 

should be granted, or continue to be 

granted, from the following 

requirements: the requirement: 

‘‘arrangements to accommodate State 

and local staff at the licensee’s 

Emergency Operations Facility have 

been made’’ of 10 CFR 50.47(b)(3); the 

requirement: ‘‘and State and local 

response plans call for reliance on 

information provided by facility 

licensees for determinations of 

minimum initial offsite response 

measures’’ of 10 CFR 50.47(b)(4); the 

requirements of 10 CFR 50.47(b)(10); the 

requirement, ‘‘and onsite protective 

actions during hostile action’’ of 10 CFR 

part 50, appendix E.IV.1; the 

requirement of 10 CFR part 50, 

appendix E, section IV.2; the 

requirements of 10 CFR part 50, 

appendix E, section IV.3; the 

requirements of 10 CFR part 50, 

appendix E, section IV.4; the 

requirements of 10 CFR part 50, 

appendix E, section IV.5; the 

requirements of 10 CFR part 50, 

appendix E, section IV.6; the 

requirement: ‘‘offsite’’ of 10 CFR part 50, 

appendix E, section IV.A.4; the 

requirements: ‘‘By June 23, 2014,’’ and 

‘‘a description of the’’ and ‘‘including 

hostile action at the site. For purposes 

of this appendix, ‘‘hostile action’’ is 

defined as an act directed toward a 

nuclear power plant or its personnel 

that includes the use of violent force to 

destroy equipment, take hostages, and/ 

or intimidate the licensee to achieve an 

end. This includes attack by air, land, 

or water using guns, explosives, 

projectiles, vehicles, or other devices 

used to deliver destructive force’’ of 10 

CFR part 50, appendix E, section IV.A.7; 

the requirement of 10 CFR part 50, 

appendix E, section IV.A.9; the 

requirements: ‘‘and outside,’’ and ‘‘and 

offsite, and ‘‘By June 20, 2012, for 

nuclear power reactor licensees, these 

action levels must include hostile action 

that may adversely affect the nuclear 

power plant’’ of 10 CFR part 50, 

appendix E, section IV.B.1; the 

requirements, ‘‘By June 20, 2012,’’ and 

‘‘within 15 minutes’’ and ‘‘to protect 

public health and safety provided that 

any delay in declaration does not deny 

the State and local authorities the 

opportunity to implement measures 

necessary to protect the public health 

and safety’’ of 10 CFR part 50, appendix 

E, section IV.C.2; the requirements, 

‘‘within 15 minutes’’ and ‘‘The licensee 

shall demonstrate that the appropriate 

governmental authorities have the 

capability to make a public alerting and 

notification decision promptly on being 

informed by the licensee of an 

emergency condition. Prior to initial 

operation greater than 5 percent of rated 

thermal power of the first reactor at the 

site, each nuclear power reactor licensee 

shall demonstrate that administrative 

and physical means have been 

established for alerting and providing 

prompt instructions to the public with 

the plume exposure pathway EPZ. The 

design objective of the prompt public 

alert and notification system shall be to 

have the capability to essentially 

complete the initial alerting and 

notification of the public within the 

plume exposure pathway EPZ within 


tkelley on DSK3SPTVN1PROD with NOTICES
20514 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices 

about 15 minutes. The use of this 

alerting and notification capability will 

range from immediate alerting and 

notification of the public (within 15 

minutes of the time that State and local 

officials are notified that a situation 

exists requiring urgent action) to the 

more likely events where there is 

substantial time available for the 

appropriate governmental authorities to 

make a judgment whether or not to 

activate the public alert and notification 

system. The alerting and notification 

capability shall additionally include 

administrative and physical means for a 

backup method of public alerting and 

notification capable of being used in the 

event the primary method of alerting 

and notification is unavailable during 

an emergency to alert or notify all or 

portions of the plume exposure pathway 

EPZ population. The backup method 

shall have the capability to alert and 

notify the public within the plume 

exposure pathway EPZ, but does not 

need to meet the 15 minute design 

objective for the primary prompt public 

alert and notification system. When 

there is a decision to activate the alert 

and notification system, the appropriate 

governmental authorities will determine 

whether to activate the entire alert and 

notification system simultaneously or in 

a graduated or staged manner. The 

responsibility for activating such a 

public alert and notification system 

shall remain with the appropriate 

governmental authorities’’ of 10 CFR 

part 50, appendix E, section IV.D.3; the 

requirements of 10 CFR part 50, 

appendix E, section IV.D.4; the 

requirement: ‘‘and an emergency 

operations facility’’ of 10 CFR part 50, 

appendix E, section IV.E.8.a.(i); the 

requirement: of 10 CFR part 50, 

appendix E, section IV.E.8.a.(ii); the 

requirements of 10 CFR part 50, 

appendix E, section IV.E.8.b; the 

requirements of 10 CFR part 50, 

appendix E, section IV.E.8.c; the 

requirements of 10 CFR part 50, 

appendix E, section IV.E.8.d; the 

requirement of 10 CFR part 50, 

appendix E, section IV.E.8.e; the 

requirements of 10 CFR part 50, 

appendix E, section IV.F.2.a; the 

requirements: ‘‘Nuclear power reactor 

licensees shall submit exercise scenarios 

under § 50.4 at least 60 days before use 

in an exercise required by this 

paragraph 2.b. The exercise may be 

included in the full participation 

biennial exercise required by paragraph 

2.c. of this section’’ and the 

requirements ‘‘and offsite’’ and 

‘‘(Technical Support Center (TSC), 

Operations Support Center (OSC), and 

the Emergency Operations Facility 

(EOF))’’ of 10 CFR part 50, appendix E, 

section IV.F.2.b; the requirements of 10 

CFR part 50, appendix E, section 

IV.F.2.c; the requirements of 10 CFR 

part 50, appendix E, section IV.F.2.d; 

the requirement: ‘‘Such scenarios for 

nuclear power reactor licensees must 

include a wide spectrum of radiological 

releases and events, including hostile 

action’’ of 10 CFR part 50, appendix E, 

section IV.F.2.i; the requirements of 10 

CFR part 50, appendix E, section 

IV.F.2.j; and the requirement of 10 CFR 

part 50, appendix E, section IV.I. 

The exemption request was reviewed 

against the acceptance criteria included 

in 10 CFR 50.47, appendix E to 10 CFR 

part 50, 10 CFR 72.32 and Interim Staff 

Guidance—16. The review considered 

the permanently shut-down and 

defueled status of the reactor, and the 

low likelihood of any credible accident 

resulting in radiological releases 

requiring offsite protective measures. 

These evaluations were supported by 

the previously documented licensee and 

staff accident analyses. The staff 

concludes that the Defueled Station 

Emergency Plan for ZNPS provides: (1) 

An adequate basis for an acceptable 

state of emergency preparedness, and (2) 

in conjunction with arrangements made 

with offsite response agencies, provides 

reasonable assurance that adequate 

protective measures can and will be 

taken in the event of a radiological 

emergency at the ZNPS Site. 

The Commission has concluded that 

the licensee’s request for an exemption 

from certain requirements of 10 CFR 

50.47(b) and 10 CFR part 50, appendix 

E, section IV as specified above are 

acceptable in view of the greatly 

reduced offsite radiological 

consequences associated with the 

current plant status as permanently 

shut-down. 

The NRC has determined that other 

requirements from which ZS requested 

exemptions were not applicable to the 

ZNPS or are being met by the ZNPS 

Defueled Station Emergency Plan or an 

exemption was not appropriate. 

Therefore, an exemption was not 

necessary or was denied for those 

requirements. Additional information 

regarding the staff’s evaluation is 

documented in a Safety Evaluation 

Report (ADAMS Accession No. 

ML14272A315). 

A. Exemption Is Authorized by Law 

The NRC has found that ZS meets the 

criteria for an exemption in § 50.12. The 

NRC has determined that granting the 

exemption will not result in a violation 

of the Atomic Energy Act of 1954, as 

amended, or the Commission’s 

regulations. Therefore, the exemption is 

authorized by law. 

B. The Exemption Presents No Undue 

Risk to Public Health and Safety and Is 

Consistent With the Common Defense 

and Security 

As noted in Section II, ‘‘Request/

Action,’’ above, ZS’s compliance with 

the EP requirements in effect before the 

effective date of the Final EP Rule 

demonstrated reasonable assurance of 

adequate protection of the public health 

and safety and common defense and 

security. In the Safety Evaluation 

Report, the NRC staff explains that ZS’s 

implementation of the ZNPS Defueled 

Station Emergency Plan, with the 

exemptions, will continue to provide 

this reasonable assurance of adequate 

protection. Thus, granting the 

exemptions will not present an undue 

risk to public health or safety and is not 

inconsistent with the common defense 

and security. 

C. Special Circumstances Are Present 

For the Commission to grant an 

exemption, special circumstances must 

exist. Under § 50.12(a)(2)(ii), special 

circumstances are present when 

[a]pplication of the regulation in the 

particular circumstances would not 

serve the underlying purpose of the rule 

or is not necessary to achieve the 

underlying purpose of the rule. These 

special circumstances exist here. The 

NRC has determined that ZS’s 

compliance with the regulations listed 

above is not necessary for the licensee 

to demonstrate that, under its 

emergency plan, there is reasonable 

assurance that adequate protective 

measures can and will be taken in the 

event of a radiological emergency. 

Consequently, special circumstances are 

present because requiring ZS to comply 

with the regulations listed above is not 

necessary to achieve the underlying 

purpose of the EP regulations. 

D. Environmental Considerations 

Pursuant to 10 CFR 51.21, 51.32, and 

51.35, an environmental assessment and 

finding of no significant impact related 

to this exemption was published in the 

Federal Register. 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. 

IV. Conclusion 

The NRC staff reviewed the licensee’s 

submittals and concludes that the 

licensee’s request for an exemption from 

certain requirements in 10 CFR 50.47(b) 

and appendix E to 10 CFR part 50 as 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices 20515 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 73367 

(October 15, 2014), 79 FR 63009 (‘‘Notice’’). 

4See Securities Exchange Act Release No. 73718 

(December 2, 2014), 79 FR 72748 (December 8, 

2014). 

5See Securities Exchange Act Release No. 74087 

(January 16, 2015), 80 FR 3697 (January 23, 2015) 

(‘‘Order Instituting Proceedings’’). 

6See letters to Elizabeth M. Murphy, Secretary, 

Commission, from Elizabeth King, Secretary & 

General Counsel, Exchange, dated January 8, 2015 

and February 27, 2015. 

7 15 U.S.C. 78s(b)(2). 

8 15 U.S.C. 78s(b)(2)(B)(ii)(I). 

9 15 U.S.C. 78s(b)(2)(B)(ii)(II). 

10 15 U.S.C. 78s(b)(2). 

11 17 CFR 200.30–3(a)(57). 

specified above are acceptable in view 

of the greatly reduced offsite 

radiological consequences associated 

with the current plant status as 

permanently shut down. 

The Commission has determined that, 

pursuant to 10 CFR 50.12, the 

exemptions are authorized by law, will 

not present an undue risk to the public 

health and safety, are consistent with 

the common defense and security, and 

special circumstances are present in that 

compliance with the specified 

regulations is not necessary for 

reasonable assurance that adequate 

protective measures can and will be 

taken in the event of a radiological 

emergency at the ZNPS facility based on 

its permanently shut down condition. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 30th day 

of March 2015. 

For the Nuclear Regulatory Commission. 

Larry W. Camper, 

Director, Division of Decommissioning, 

Uranium Recovery and Waste Programs, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 2015–08676 Filed 4–15–15; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL SERVICE 

Temporary Emergency Committee of 

the Board of Governors; Sunshine Act 

Meeting 

DATE AND TIME: April 14, 2015, at 3 p.m. 

PLACE: San Mateo, CA, via 

Teleconference. 

STATUS: Committee Votes to Change 

Time and Place of its meeting scheduled 

for April 13 and 14, 2015: By telephone 

vote on April 8, 2015, members of the 

Temporary Emergency Committee of the 

Board of Governors of the United States 

Postal Service met and voted 

unanimously to cancel its closed 

meeting session scheduled for April 13, 

2015 in San Mateo, CA, and to begin its 

closed meeting session scheduled for 

April 14, 2015 at 3:00 p.m., rather than 

the previously announced time of 8:30 

a.m. Moreover, it voted unanimously to 

hold the April 14, 2015, meeting in San 

Mateo, CA via teleconference. The 

Committee determined that no earlier 

public notice was possible. 

Matters To Be Considered 

Tuesday, April 14, 2015, at 3:00 p.m. 

1. Strategic Issues. 

2. Financial Matters. 

3. Pricing. 

4. Governors’ Executive Session— 

Discussion of prior agenda items and 

Board governance. 

GENERAL COUNSEL CERTIFICATION: The 

General Counsel of the United States 

Postal Service has certified that the 

meeting may be closed under the 

Government in the Sunshine Act. 

CONTACT PERSON FOR MORE INFORMATION: 

Requests for information about the 

meeting should be addressed to the 

Secretary of the Board, Julie S. Moore, 

at 202–268–4800. 

Julie S. Moore, 

Secretary, Board of Governors. 

[FR Doc. 2015–08834 Filed 4–14–15; 11:15 am] 

BILLING CODE 7710–12–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74704; File No. SR– 

NYSEMKT–2014–86] 

Self-Regulatory Organizations; NYSE 

MKT LLC.; Notice of Designation of 

Longer Period for Commission Action 

on Proceedings to Determine Whether 

to Approve or Disapprove Proposed 

Rule Change to Remove the 

Exchange’s Quote Mitigation Plan as 

Provided by Exchange Rule 970.1NY 

April 10, 2015. 

I. Introduction 

On October 2, 2014, NYSE MKT LLC 

(‘‘NYSE MKT’’ 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 remove the Exchange’s quote 

mitigation plan as provided by NYSE 

MKT Rule 970.1NY. The proposed rule 

change was published for comment in 

the Federal Register on October 21, 

2014.3 On December 2, 2014, the 

Commission extended the time period 

in which to either approve the proposal, 

disapprove the proposal, or to institute 

proceedings to determine whether to 

approve or disapprove the proposal, to 

January 19, 2015.4 On January 16, 2015, 

the Commission instituted proceedings 

to determine whether to approve or 

disapprove the proposal.5 The 

Commission received 2 comment letters 

in further support of the proposal from 

NYSE MKT.6

Section 19(b)(2) of the Act 7 provides 

that, after initiating disapproval 

proceedings, the Commission shall issue 

an order approving or disapproving the 

proposed rule change not later than 180 

days after the date of publication of 

notice of filing of the proposed rule 

change.8 The Commission may extend 

the period for issuing an order 

approving or disapproving the proposed 

rule change, however, by not more than 

60 days if the Commission determines 

that a longer period is appropriate and 

publishes the reasons for such 

determination.9 The proposed rule 

change was published for notice and 

comment in the Federal Register on 

October 21, 2014. April 19, 2015, is 180 

days from that date, and June 18, 2015, 

is 240 days from that date. 

The Commission finds it appropriate 

to designate a longer period within 

which to issue an order approving or 

disapproving the proposed rule change 

so that it has sufficient time to consider 

the proposal, and the issues raised in 

NYSE MKT’s comment letters. 

Accordingly, the Commission, 

pursuant to Section 19(b)(2) of the 

Act,10 designates June 18, 2015 as the 

date by which the Commission shall 

either approve or disapprove the 

proposed rule change (File No. SR– 

NYSEMKT–2014–86). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–08698 Filed 4–15–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copy Available 

From: Securities and Exchange 

Commission, Office of FOIA Services, 

100 F Street NE., Washington, DC 

20549–2736. 

Extension: 

Rules 8b–1 to 8b–33, SEC File No. 270– 

135, OMB Control No. 3235–0176. 


tkelley on DSK3SPTVN1PROD with NOTICES