Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices 16773 

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

2 17 CFR 240.19b–4. 

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 Exemptions Are Authorized by Law 

The proposal provides that the 

material described in this notice would 

be transported and disposed of in 

compliance with Federal, State, and 

local regulations. Further, as previously 

noted, the NRC is authorized to grant 

exemptions from 10 CFR parts 30 and 

70. Granting these exemptions are also 

not contrary to the Atomic Energy Act 

of 1954, as amended, or other regulatory 

requirements or law. Therefore, such 

disposal is not otherwise contrary to 

NRC requirements, and is otherwise 

authorized by law. 

The Exemptions Will Not Endanger Life, 

Property or the Common Defense and 

Security 

NRC staff reviewed the information 

provided by WEC to support its 10 CFR 

20.2002 alternate disposal request and 

the specific exemptions from 10 CFR 

30.3 and 10 CFR 70.3 and the associated 

license amendment in order to dispose 

of the specified material associated with 

cleanup activities at CFFF. The NRC 

staff concluded that the requested 

disposal of waste containing byproduct 

material and SNM is acceptable under 

10 CFR 20.2002. Details provided in this 

request, in combination with 

appropriate references to past approvals 

of similar procedures and material from 

the same site, provide an adequate 

description of the waste and 

demonstrate that the proposed manner 

and conditions of waste disposal would 

be protective of public health and safety 

and security and would not endanger 

property. In particular, under the 

alternate disposal request, public doses 

would be a fraction of the natural 

background radiation dose and a 

fraction of the annual public dose limit. 

NRC staff also notes that the request is 

also subject to regulation under RCRA. 

Lastly, because of the presence of SNM, 

the NRC evaluated potential criticality 

in its safety evaluation report and found 

no concerns. Therefore, the NRC 

concludes that issuance of the 

exemption will not endanger life, 

property, or the common defense and 

security. 

The Exemptions Are in the Public 

Interest 

Issuance of the exemptions to WEC 

and USEI is in the public interest 

because it provides for the efficient and 

safe disposal for the subject waste 

material, facilitates the 

decommissioning of the CFFF site 

consistent with the consent agreement 

between CFFF and the South Carolina 

Department of Health and 

Environmental Control, and conserves 

low-level radioactive waste disposal 

capacity at licensed low-level 

radioactive disposal sites while 

ensuring that the material being 

considered is disposed of safely in a 

regulated facility. Therefore, based upon 

the evaluation previously noted, 

exemptions are appropriate pursuant to 

10 CFR 30.11 and 10 CFR 70.17. 

IV. Environmental Considerations 

As required by 10 CFR 51.21, the NRC 

performed an environmental assessment 

(EA) that analyzes the environmental 

impacts of the proposed exemptions in 

accordance with the National 

Environmental Policy Act of 1969 and 

NRC implementing regulations in 10 

CFR part 51. Based on the conclusions 

of the EA, the NRC staff has determined 

that there is no need to prepare an 

environmental impact statement for the 

proposed exemptions and has issued a 

finding of no significant impact 

(FONSI). The EA and FONSI were 

published in the Federal Register on 

March 10, 2022 (87 FR 13766). 

V. Conclusions 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

70.17 and 10 CFR 30.11, exemptions for 

WEC and USEI 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 are in the public interest. Therefore, 

the Commission hereby grants WEC and 

USEI exemptions from 10 CFR 70.3 and 

10 CFR 30.3 to allow WEC to transfer 

certain low-activity radioactive 

materials, including byproduct and 

SNM, from the WEC CFFF for disposal 

at the USEI disposal facility located near 

Grand View, Idaho, and issues WEC a 

conforming license amendment. 

Dated: March 21, 2022. 

For the Nuclear Regulatory Commission. 

Jacob I. Zimmerman, 

Chief, Fuel Facility Licensing Branch, 

Division of Fuel Management, Office of 

Nuclear Material Safety and Safeguards. 

[FR Doc. 2022–06236 Filed 3–23–22; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94467; File No. SR–NYSE– 

2022–13] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Order Granting Accelerated 

Approval of a Proposed Rule Change 

for Certain Amendments to the 

Preamble to Rule 9217 

March 18, 2022. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on March 4, 

2022, New York Stock Exchange LLC 

(‘‘NYSE’’ or the ‘‘Exchange’’) 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 Exchange. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons and 

approving the proposal on an 

accelerated basis. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes certain 

amendments to the preamble to Rule 

9217. 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 III 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 certain 

amendments to the preamble to Rule 

9217. 


khammond on DSKJM1Z7X2PROD with NOTICES
16774 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices 

3Rule 9120(g) defines covered person to mean a 

member, principal executive, approved person, 

registered or non-registered employee of a member 

organization, or other person (excluding a member 

organization) subject to the jurisdiction of the 

Exchange. 

4See Securities Exchange Act Release No. 87212 

(October 3, 2019), 84 FR 54193 (October 9, 2019) 

(SR–NYSE–2019–44) (Order) (increasing the 

maximum fine for minor rule violations to $5,000 

in order to align the Exchange’s minor rule plan 

more closely with that of its affiliates). 

5 15 U.S.C. 78f(b). 

6 15 U.S.C. 78f(b)(5). 

The preamble to current Rule 9217 

consists of two paragraphs. The first 

provides that any member organization 

of covered person 3 may be subject to a 

fine under Rule 9216(b) with respect to 

any rules listed therein and that the fine 

amounts and fine levels set forth therein 

shall apply to the fines imposed. The 

second paragraph provides that nothing 

in the rule requires the Exchange to 

impose a fine for a violation of any rule 

under the Minor Rule Plan and that if 

the Exchange determines that any 

violation is not minor in nature, the 

Exchange may, at its discretion, proceed 

under the Rule 9000 Series rather than 

under Rule 9217. 

The Exchange proposes to add two 

additional paragraphs to the preamble 

based on the preamble to the version of 

Rule 9217 adopted by the Exchange’s 

affiliate NYSE Arca, Inc. (‘‘NYSE Arca’’) 

and to reorder the paragraphs as 

subsections (a) through (d), as follows. 

The current first paragraph of the 

preamble to Rule 9217 would become 

new subsection (a). The text would be 

unchanged except that the Exchange 

would add ‘‘, not to exceed $5,000,’’ 

after fine to clarify that a minor rule fine 

on the Exchange cannot exceed $5,000.4

The Exchange would add a new 

subsection (b) that would provide that 

Regulatory Staff designated by the 

Exchange shall have the authority to 

impose a fine pursuant to this Rule. 

Proposed Rule 9217(b) is identical to 

NYSE Arca Rule 10.9217(b). 

The Exchange would also add the 

following text as new subsection (c) to 

Rule 9217: 

Any person or organization found in 

violation of a minor rule is not required to 

report such violation on SEC Form BD or 

Form U–4 if the sanction imposed consists of 

a fine not exceeding $2,500 and the 

sanctioned person or organization has not 

sought an adjudication, including a hearing, 

or otherwise exhausted the administrative 

remedies available with respect to the matter. 

Any fine imposed in excess of $2,500 is 

subject to current rather than quarterly 

reporting to the Commission pursuant to 

Rule 19d–1 under the Act. 

Proposed subsection (c) is identical to 

NYSE Arca Rule 10.9217(c). 

Finally, the current second paragraph 

of the preamble to Rule 9217 would 

become new subsection (d). The text of 

proposed Rule 9217(d) would be 

unchanged. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the Act,5

in general, and furthers the objectives of 

Section 6(b)(5),6 in particular, because it 

is designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, to 

remove impediments to, and perfect the 

mechanism of, a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. 

Minor rule fines provide a meaningful 

sanction for minor or technical 

violations of rules when the conduct at 

issue does not warrant stronger, 

immediately reportable disciplinary 

sanctions. The inclusion of a rule in 

Rule 9217 does not minimize the 

importance of compliance with the rule, 

nor does it preclude the Exchange from 

choosing to pursue violations of eligible 

rules through formal disciplinary action 

if the nature of the violations or prior 

disciplinary history warrants more 

significant sanctions. The option to 

impose a minor rule sanction gives the 

Exchange additional flexibility to 

administer its enforcement program in 

the most effective and efficient manner 

while still fully meeting the Exchange’s 

remedial objectives in addressing 

violative conduct. 

The Exchange believes that 

harmonizing the preamble to Rule 9217 

with that of its affiliates would remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system by a 

providing greater harmonization 

between Exchange rules and those of its 

affiliates in connection with minor rule 

fines, thereby fostering cooperation and 

coordination with persons engaged in 

facilitating transactions in securities and 

will remove impediments to and perfect 

the mechanism of a free and open 

market and a national market system. 

Moreover, by adopting the same 

applicable minor rule standards for 

violations of those standards as its 

affiliates, the Exchange would promote 

regulatory consistency. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. The 

proposed change is not designed to 

address any competitive issue but rather 

to align the Exchange’s rule setting forth 

violations eligible for a minor rule fine 

more closely with that of its affiliates. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSE–2022–13 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2022–13. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549 on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Copies of the 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 


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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices 16775 

7 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

8 15 U.S.C. 78f(b)(5). 

9 15 U.S.C. 78f(b)(1) and 78f(b)(6). 

10 17 CFR 240.19d–1(c)(2). 

11 15 U.S.C. 78s(b)(2). 

12 15 U.S.C. 78s(b)(2). 

13 17 CFR 240.19d–1(c)(2). 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(iii). 

4 17 CFR 240.19b–4(f)(6). 

received will be posted without change. 

Persons submitting comments are 

cautioned that we do not redact or edit 

personal identifying information from 

comment submissions. You should 

submit only information that you wish 

to make available publicly. All 

submissions should refer to File 

Number SR–NYSE–2022–13 and should 

be submitted on or before April 14, 

2022. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of 

Proposed Rule Change 

The Commission finds that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange.7 In particular, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act,8 which requires that 

the rules of an exchange be designed to 

promote just and equitable principles of 

trade, to remove impediments and to 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. The 

Commission also believes that the 

proposal is consistent with Sections 

6(b)(1) and 6(b)(6) of the Act 9 which 

require that the rules of an exchange 

enforce compliance with, and provide 

appropriate discipline for, violations of 

Commission and Exchange rules. 

Finally, the Commission finds that the 

proposal is consistent with the public 

interest, the protection of investors, or 

otherwise in furtherance of the purposes 

of the Act, as required by Rule 19d– 

1(c)(2) under the Act,10 which governs 

minor rule violation plans. 

As stated above, the Exchange 

proposes certain amendments to the 

preamble of Rule 9217. Specifically, the 

Exchange proposes to add two 

additional paragraphs to the preamble 

based on the preamble of NYSE Arca, its 

affiliate exchange, add clarifying 

language regarding the maximum fine 

amount for violations appropriate for 

disposition under Rule 9216(b), and 

reorder the paragraphs to the preamble 

of Rule 9217. The Commission believes 

that Rule 9217 is an effective way to 

discipline a member for a minor 

violation of a rule. The Commission 

finds that the Exchange’s proposal to 

amend the preamble is consistent with 

the Act because it may help the 

Exchange’s ability to better carry out its 

oversight and enforcement 

responsibilities. The Commission also 

believes that the Exchange’s proposal to 

add clarifying language regarding the 

maximum fine amount for violations 

appropriate for disposition under Rule 

9216(b) and to reorder the paragraphs in 

the preamble is consistent with the Act 

because such changes will add clarity 

and accuracy to the Exchange’s rules. 

In approving the propose rule change, 

the Commission in no way minimizes 

the importance of compliance with the 

Exchange’s rules and all other rules 

subject to fines under Rule 9217. The 

Commission believes that a violation of 

any self-regulatory organization’s rules, 

as well as Commission rules, is a serious 

matter. However, Rules 9216(b) and 

9217 provide a reasonable means of 

addressing rule violations that may not 

rise to the level of requiring formal 

disciplinary proceedings, while 

providing greater flexibility in handling 

certain violations. The Commission 

expects that the Exchange will continue 

to conduct surveillance with due 

diligence and make a determination 

based on its findings, on a case-by-case 

basis, whether a fine of more or less 

than the recommended amount is 

appropriate for a violation under Rule 

9217 or whether a violation requires 

formal disciplinary action. 

For the same reasons discussed above, 

the Commission finds good cause, 

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

Act,11 for approving the proposed rule 

change prior to the thirtieth day after 

the date of publication of the notice of 

the filing thereof in the Federal 

Register. The proposal will assist the 

Exchange in preventing fraudulent and 

manipulative practices by allowing the 

Exchange to adequately enforce 

compliance with, and provide 

appropriate discipline for, violations of 

Exchange rules. Accordingly, the 

Commission believes that a full noticeand-comment period is not necessary 

before approving the proposal. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act 12 and Rule 

19d–1(c)(2) thereunder,13 that the 

proposed rule change (SR–NYSE–2022– 

13) be, and hereby is, approved on an 

accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–06188 Filed 3–23–22; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94463; File No. SR– 

CboeEDGA–2022–006] 

Self-Regulatory Organizations; Cboe 

EDGA Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Extend the 

Pilot Related to the Market-Wide 

Circuit Breaker in Rule 11.16 to April 

18, 2022 

March 18, 2022. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on March 17, 

2022, Cboe EDGA Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘EDGA’’) 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 Exchange. The Exchange filed the 

proposal as a ‘‘non-controversial’’ 

proposed rule change pursuant to 

Section 19(b)(3)(A)(iii) of the Act 3 and 

Rule 19b–4(f)(6) thereunder.4 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 

Cboe EDGA Exchange, Inc. (‘‘EDGA’’ 

or the ‘‘Exchange’’) is filing with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) a proposal to 

extend the pilot related to the marketwide circuit breaker in Rule 11.16 to 

April 18, 2022. The text of the proposed 

rule change is provided in Exhibit 5. 

The text of the proposed rule change 

is also available on the Exchange’s 

website (http://markets.cboe.com/us/ 

equities/regulation/rule_filings/edga/), 

at the Exchange’s Office of the 

Secretary, and at the Commission’s 

Public Reference Room. 


khammond on DSKJM1Z7X2PROD with NOTICES