18944 Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 / Notices

Regulations, 10 CFR 50.60, states that

‘‘Proposed alternatives to the described

requirements in Appendices G and H of

this part or portions thereof may be used

when an exemption is granted by the

Commission under § 50.12.’’ Since the

licensee wishes to use Code Case N–514

as opposed to the requirements of

Appendix G, an exemption to the

regulations is necessary.

IV

In referring to 10 CFR 50.12 on

specific exemptions, the licensee cited

special circumstance 10 CFR

50.12(a)(2)(ii) on achieving the

underlying purpose of the regulations,

10 CFR 50.12(a)(iii) on undue hardship,

and 10 CFR 50.12 (a)(iv) on good faith

compliance as their bases for requesting

this exemption.

The licensee noted in support of the

10 CFR 50.12(a)(2)(ii) criterion that the

underlying purpose of the subject

regulations is to establish limits to

protect the reactor vessel from brittle

failure during low temperature

operation and that the OPS provides a

physical means of protecting these

limits. The licensee proposed that

establishing the OPS pressure setpoint

per the N–514 provisions such that the

vessel pressure would not exceed 110

percent of the P–T limit allowables

‘‘* * * * reduces the unnecessary

actuation of the LTOP system due to

normal pressure surges that occur

during low temperature operation * * *

while maintaining acceptable safety

margins.’’ The staff determined that the

‘‘acceptable level of safety’’ using N–514

was based on the conservatism which

has been explicitly incorporated into the

procedure for developing the P–T limits.

This procedure, referenced from

Appendix G to Section XI of the ASME

Code, includes the following

conservatisms: (1) a safety factor of 2 on

the pressure stresses; (2) a margin factor

applied to RTNDT using Regulatory

Guide 1.99, Revision 2; (3) an assumed

1⁄4 T flaw with a 6:1 aspect ratio; (4) a

limiting material toughness based on

dynamic and crack arrest data.

The licensee noted in support of the

10 CFR 50.12(a)(iii) criterion that, as the

reactor vessel ages, the operating

window for the LTOP system is

reduced. This reduced window could

lead to inadvertent actuation of the

LTOP system which could, in turn, lead

to rapid pressure changes.

The licensee noted in support of the

10 CFR 50.12(a)(iv) criterion that the

plant is currently in conformance with

10 CFR 50.60 and that relief is being

requested in order to maintain sufficient

operating margin. The licensee also

notes that the staff, in Draft Regulatory

Guide 1050, has proposed to endorse

Code Case N–514.

The staff reviewed the licensee’s

rationale to support the exemption

request on the basis of 10 CFR

50.12(a)(iii) and the staff concluded that

the use of Code Case N–514 would also

meet the underlying intent of the

regulations. Based upon a consideration

of the conservatism which is explicitly

defined in the Appendix G methodology

(as listed Section 3.0 above), the staff

concluded that permitting the OPS

setpoint to be established such that the

vessel pressure would not exceed 110

percent of the P–T limits would provide

an adequate margin of safety against

brittle failure of the reactor vessel. This

is also consistent with the

determination that the staff has reached

for other licensees under similar

conditions based on the same

considerations.

The staff reviewed the licensee’s

rationale to support the exemption on

the basis of 10 CFR 50.12(a)(iii). The

staff has previously granted exemptions

for other licensees under similar

circumstances; therefore, the staff has

determined that operating with a

reduced LTOP window would result in

an undue hardship that is significantly

in excess of that incurred by others

similarly situated.

The staff reviewed the licensee’s

rationale to support the exemption on

the basis of 10 CFR 50.12(a)(iv) and has

determined that the licensee has made

a good faith effort to comply with the

regulation.

V

The NRC staff has determined that

there are special circumstances present,

as specified in 10 CFR 50.12(a)(2)(ii), in

that application of 10 CFR 50.60 is not

necessary in order to achieve the

underlying purpose of this regulation.

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12, this exemption is authorized by

law, will not present an undue risk to

public health and safety, and is

consistent with the common defense

and security.

Therefore, the Commission hereby

grants the following exemption.

The Power Authority of the State of

New York is exempt from the

requirements of 10 CFR 50.60 in that

they are permitted to use Code Case N–

514 in place of the safety margins

required by Appendix G to 10 CFR Part

50 to determine the LTOP parameters.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of this exemption will have no

significant impact on the quality of the

human environment (63 FR 17903).

This exemption is effective upon

issuance. Dated at Rockville, Maryland,

this 10th day of April 1998.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 98–10103 Filed 4–15–98; 8:45 am]

BILLING CODE 7590–01–P

RAILROAD RETIREMENT BOARD

Proposed Collection; Comment

Request

SUMMARY: In accordance with the

requirement of Section 3506(c)(2)(A) of

the Paperwork Reduction Act of 1995

which provides opportunity for public

comment on new or revised data

collections, the Railroad Retirement

Board (RRB) will publish periodic

summaries of proposed data collections.

Comments are Invited on

(a) Whether the proposed information

collection is necessary for the proper

performance of the functions of the

agency, including whether the

information has practical utility; (b) the

accuracy of the RRB’s estimate of the

burden of the collection of the

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden related to

the collection of information on

respondents, including the use of

automated collection techniques or

other forms of information technology.

Title and Purpose of Information

Collection

Report of Medicaid State Office on

Beneficiary’s Buy-In Status; OMB 3220–

0185

Under Section 7(d) of the Railroad

Retirement Act, the RRB administers the

Medicare program for persons covered

by the railroad retirement system. Under

Section 1843 of the Social Security Act,

states may enter into ‘‘buy-in

agreements’’ with the Secretary of

Health and Human Services for the

purpose of enrolling certain groups of

needy people under the Medicare

medical insurance (Part B) program and

paying the premiums for their insurance

coverage. Generally, these individuals

are categorically needy under Medicaid

and meet the eligibility requirements for

Medicare Part B. States can also include

in their buy-in agreements, individuals

who are eligible for medical assistance

only. The RRB uses Form RL–380–F,

Report to State Medicaid Office, to

obtain information needed to determine

if certain railroad beneficiaries are
Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 / Notices 18945

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

2See letter from Adam W. Gurwitz, Vice

President, Legal and Corporate Secretary, CSE, to

Continued

entitled to receive Supplementary

Medical Insurance program coverage

under a state buy-in agreement in states

in which they reside. Completion of

Form RL–380–F is voluntary. One

response is received from each

respondent.

RRB Form RL–380–F is being revised

to include language required by the

Paperwork Reduction Act of 1995.

Minor editorial changes are also being

proposed. The completion time for

Form RL–380–F is estimated at 10

minutes per response. The RRB

estimates that approximately 600

responses are received annually.

FOR FURTHER INFORMATION CONTACT: To

request more information or to obtain a

copy of the information collection

justification, forms, and/or supporting

material, please call the RRB Clearance

Officer at (312) 751–3363. Comments

regarding the information collection

should be addressed to Ronald J.

Hodapp, Railroad Retirement Board, 844

North Rush Street, Chicago, Illinois

60611–2092. Written comments should

be received within 60 days of this

notice.

Chuck Mierzwa,

Clearance Officer.

[FR Doc. 98–10106 Filed 4–15–98; 8:45 am]

BILLING CODE 7905–01–M

RAILROAD RETIREMENT BOARD

Proposed Collection; Comment

Request

SUMMARY: In accordance with the

requirement of Section 3506(c)(2)(A) of

the Paperwork Reduction Act of 1995

which provides opportunity for public

comment on new or revised data

collections, the Railroad Retirement

Board (RRB) will publish periodic

summaries of proposed data collections.

Comments are Invited on

(a) Whether the proposed information

collection is necessary for the proper

performance of the functions of the

agency, including whether the

information has practical utility; (b) the

accuracy of the RRB’s estimate of the

burden of the collection of the

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden related to

the collection of information on

respondents, including the use of

automated collection techniques or

other forms of information technology.

Title and Purpose of Information

Collection

Pay Rate Report; OMB 3220–0097

Under Section 2(a) of the Railroad

Unemployment Insurance Act, the daily

benefit rate for unemployment and

sickness benefits depends on the

claimant’s last daily rate of pay in the

base year. The procedures pertaining to

the use of a claimant’s daily pay rate in

determining the daily benefit rate are

prescribed in 20 CFR 330.

The RRB utilities form UI–1e, Request

for Pay Rate Information, to obtain

information from a claimant about their

last railroad employer and pay rate,

when it is not available from other RRB

records. Form UI–1e also explains the

possibility of receiving a higher daily

benefit rate if a claimant reports their

daily rate of pay for railroad work in the

base year. Completion is required to

obtain or retain benefits. One response

is requested of each respondent.

The RRB proposes to revise Form UI–

1e to add language required by the

Paperwork Reduction Act of 1995. Nonburden impacting reformatting and

editorial changes are also proposed. The

completion time for Form UI–1e is

estimated at 5 minutes per response.

FOR FURTHER INFORMATION CONTACT: To

request more information or to obtain a

copy of the information collection

justification, forms, and/or supporting

material, please call the RRB Clearance

Officer at (312) 751–3363. Comments

regarding the information collection

should be addressed to Ronald J.

Hodapp, Railroad Retirement Board, 844

N. Rush Street, Chicago, Illinois 60611–

2092. Written comments should be

received within 60 days of this notice.

Chuck Mierzwa,

Clearance Officer.

[FR Doc. 98–10112 Filed 4–15–98; 8:45 am]

BILLING CODE 7905–01–M

RAILROAD RETIREMENT BOARD

Agency Forms Submitted for OMB

Review

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the Railroad

Retirement Board (RRB) has submitted

the following proposal(s) for the

collection of information to the Office of

Management and Budget for review and

approval.

SUMMARY OF PROPOSAL(S):

(1) Collection title: Supplement to

Claim of Person Outside the United

States.

(2) Form(s) submitted: G–45.

(3) OMB Number: 3220–0155.

(4) Expiration date of current OMB

clearance: 6/30/1998.

(5) Type of request: Extension of a

currently approved collection.

(6) Respondents: Individuals or

households.

(7) Estimated annual number of

respondents: 100.

(8) Total annual responses: 100.

(9) Total annual reporting hours: 17.

(10) Collection description: Under

Public Law 98–21, the Tier I or the

overall minimum portion of an annuity

and Medicare benefits payable under

the Railroad Retirement Act to certain

beneficiaries living outside the United

States may be withheld. The collection

obtains the information needed by the

Railroad Retirement Board to implement

the benefit withholding provisions of

P.L. 98–21.

ADDITIONAL INFORMATION OR COMMENTS:

Copies of the form and supporting

documents can be obtained from Chuck

Mierzwa, the agency clearance officer

(312–751–3363). Comments regarding

the information collection should be

addressed to Ronald J. Hodapp, Railroad

Retirement Board, 844 North Rush

Street, Chicago, Illinois 60611–2092 and

the OMB reviewer, Laura Oliven (202–

395–7316), Office of Management and

Budget, Room 10230, New Executive

Office Building, Washington, D.C.

20503.

Chuck Mierzwa,

Clearance Officer.

[FR Doc. 98–10116 Filed 4–15–98; 8:45 am]

BILLING CODE 7905–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. 34–39847; File No. SR–CSE–

97–13]

Self-Regulatory Organizations; Order

Approving Proposed Rule Change and

Amendment No. 1 by the Cincinnati

Stock Exchange, Inc. Relating to

Market Order Exposure Requirements

April 10, 1998.

I. Introduction

On November 13, 1997, the Cincinnati

Stock Exchange, Inc. (‘‘CSE’’ 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 a proposed rule

change which was subsequently

amended on February 25, 1998.2 The