Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Notices 57 

For the Nuclear Regulatory Commission. 

Michael Junge, 

Chief, Operator Licensing and Human 

Performance Branch, Division of Construction 

Inspection and Operational Programs, Office 

of New Reactors. 

[FR Doc. 2014–30769 Filed 12–31–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2013–0041] 

Revision to Seismic Design 

Parameters 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Standard review plan-final 

section revision; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a final 

revision to the following section in 

Chapter 3 of NUREG–0800, ‘‘Standard 

Review Plan for the Review of Safety 

Analysis Reports for Nuclear Power 

Plants: LWR Edition,’’ Section 3.7.1, 

‘‘Seismic Design Parameters.’’ 

DATES: The effective date of this 

Standard Review Plan (SRP) update is 

February 2, 2015. 

ADDRESSES: Please refer to Docket ID 

NRC–2013–0041 when contacting the 

NRC about the availability of 

information regarding this document. 

You may access 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–2013–0041. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@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 access publicly 

available documents online in the NRC 

Public Documents collection at http://

www.nrc.gov/reading-rm/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 in this 

notice (if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. The final 

revision for Standard Review Plan (SRP) 

Section 3.7.1, ‘‘Seismic Design 

Parameters,’’ is available under ADAMS 

Accession No. ML14198A460. A redline 

strikeout comparing the proposed 

revision to the final revision can be 

found in ADAMS under Accession No. 

ML14198A466. The responses to public 

comments can be found in ADAMS 

under Accession No. ML14198A462. 

• 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. 

• The NRC posts its issued staff 

guidance on the NRC’s external Web 

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

doc-collections/nuregs/staff/sr0800/. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan DeGange, Office of New 

Reactors, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–6992, email: 

Jonathan.DeGange@nrc.gov or Nishka 

Devaser, telephone: 301–415–5196, 

email: NishkaDevaser@nrc.gov, Office of 

New Reactors, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 1, 2013 (78 FR 13911), the 

NRC published for public comment the 

proposed revision to this section of the 

SRP. The staff made changes to the 

proposed revision after consideration of 

comments received. A summary of the 

comments and the staff’s disposition of 

the comments are available in a separate 

document, ‘‘Response to Public 

Comments on Draft SRP Section 3.7.1’’ 

(ADAMS Accession No. ML14198A462). 

The changes to this SRP section 

reflect current staff’s review methods 

and practices based on lessons learned 

from NRC reviews of design certification 

and combined license applications 

completed since the last revision of this 

chapter. Changes include: (1) 

Enhancements to guidance to the staff 

for evaluating the acceptability of 

seismic, civil, structural design, and 

analysis issues, (2) updates to review 

interfaces to improve the efficiency and 

consistency of staff reviews and (3) 

updates to references covered in the 

section. 

The revised section has incorporated 

staff dispositions of all public comments 

received on the proposed revision. The 

most salient changes in response to the 

public comments are the rewrite of 

Appendix B to SRP Section 3.7.1. The 

new Appendix B provides further 

enhancement of the guidance on 

developing power spectral density 

functions associated with ground 

motion artificial time histories. No new 

SRP acceptance criteria were added as 

a result of this rewrite of Appendix B. 

II. Backfitting and Issue Finality 

Issuance of this final SRP section does 

not constitute backfitting as defined in 

§ 50.109 of Title 10 of the Code of 

Federal Regulations (10 CFR) (the 

Backfit Rule) and is not otherwise 

inconsistent with the issue finality 

provisions in 10 CFR part 52. The staff’s 

position is based upon the following 

considerations: 

1. The SRP positions do not constitute 

backfitting, inasmuch as the SRP is 

internal guidance directed at the NRC 

staff with respect to their regulatory 

responsibilities. 

The SRP provides guidance to the 

staff on how to review an application for 

NRC regulatory approval in the form of 

licensing. Changes in internal staff 

guidance are not matters for which 

either nuclear power plant applicants or 

licensees are protected under either the 

Backfit Rule or the issue finality 

provisions of 10 CFR part 52. 

2. The NRC staff has no intention to 

impose the SRP positions on current 

licensees and regulatory approvals 

either now or in the future. 

The staff does not intend to impose or 

apply the positions described in the SRP 

to existing (already issued) licenses and 

regulatory approvals. Hence, the 

issuance of a final SRP—even if 

considered guidance which is within 

the purview of the issue finality 

provisions in 10 CFR part 52—need not 

be evaluated as if it were a backfit or as 

being inconsistent with issue finality 

provisions. If, in the future, the staff 

seeks to impose a position in the SRP on 

holders of already issued holders of 

licenses SRP in a manner which does 

not provide issue finality as described 

in the applicable issue finality 

provision, then the staff must make the 

showing as set forth in the Backfit Rule 

or address the criteria for avoiding issue 

finality as described applicable issue 

finality provision. 

3. Backfitting and issue finality do 

not—with limited exceptions not 

applicable here—protect current or 

future applicants. 

Applicants and potential applicants 

are not, with certain exceptions, 

protected by either the Backfit Rule or 

any issue finality provisions under 10 

CFR part 52. This is because neither the 

Backfit Rule nor the issue finality 

provisions under 10 CFR part 52—with 

certain exclusions discussed below— 

were intended to apply to every NRC 

action which substantially changes the 

expectations of current and future 

applicants. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
58 Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 58877 

(October 29, 2008), 73 FR 65904 (November 5, 2008) 

(SR–NYSE–2008–108) (establishing the SLP Pilot). 

See also Securities Exchange Act Release Nos. 

59869 (May 6, 2009), 74 FR 22796 (May 14, 2009) 

(SR–NYSE–2009–46) (extending the operation of 

the SLP Pilot to October 1, 2009); 60756 (October 

1, 2009), 74 FR 51628 (October 7, 2009) (SR–NYSE– 

2009–100) (extending the operation of the NMM 

and the SLP Pilots to November 30, 2009); 61075 

(November 30, 2009), 74 FR 64112 (December 7, 

2009) (SR–NYSE–2009–119) (extending the 

operation of the SLP Pilot to March 30, 2010); 

61840 (April 5, 2010), 75 FR 18563 (April 12, 2010) 

(SR–NYSE–2010–28) (extending the operation of 

the SLP Pilot to September 30, 2010); 62813 

(September 1, 2010), 75 FR 54686 (September 8, 

2010) (SR–NYSE–2010–62) (extending the 

operation of the SLP Pilot to January 31, 2011); 

63616 (December 29, 2010), 76 FR 612 (January 5, 

2011) (SR–NYSE–2010–86) (extending the 

operation of the SLP Pilot to August 1, 2011); 64762 

(June 28, 2011), 76 FR 39145 (July 5, 2011) (SR– 

NYSE–2011–30) (extending the operation of the 

SLP Pilot to January 31, 2012); 66045 (December 23, 

2011), 76 FR 82342 (December 30, 2011) (SR– 

NYSE–2011–66) (extending the operation of the 

SLP Pilot to July 31, 2012); 67493 (July 25, 2012), 

77 FR 45388 (July 31, 2012) (SR–NYSE–2012–27) 

(extending the operation of the SLP Pilot to January 

31, 2013); 68560 (January 2, 2013), 78 FR 1280 

(January 8, 2013) (SR–NYSE–2012–76) (extending 

the operation of the SLP Pilot to July 31, 2013); 

69819 (June 21, 2013), 78 FR 38764 (June 27, 2013) 

(SR–NYSE–2013–44) (extending the operation of 

the SLP Pilot to January 31, 2014); 71362 (January 

21, 2014), 79 FR 4371 (January 27, 2014) (SR– 

NYSE–2014–03) (extending the operation of the 

SLP Pilot to July 31, 2014); and 72628 (July 16, 

2014), 79 FR 42588 (July 22, 2014) (SR–NYSE– 

2014–34) (extending the operation of the SLP Pilot 

to December, 31, 2014). 

5The information contained herein is a summary 

of the ‘‘New Market Model’’ Pilot and the SLP Pilot. 

See supra note 4 for a fuller description of those 

pilots. 

6See Securities Exchange Act Release No. 58845 

(October 24, 2008), 73 FR 64379 (October 29, 2008) 

(SR–NYSE–2008–46). 

7See NYSE Rule 103. 

8See NYSE Rule 107B. The Exchange amended 

the monthly volume requirements to an average 

daily volume (‘‘ADV’’) that is a specified percentage 

of NYSE consolidated ADV. See Securities 

Exchange Act Release No. 67759 (August 30, 2012), 

77 FR 54939 (September 6, 2012) (SR–NYSE–2012– 

38). 

9The NMM Pilot was scheduled to expire on 

December 31, 2014. On December 18, 2014, the 

Exchange filed to extend the NMM Pilot until July 

The exceptions to the general 

principle are applicable whenever an 

applicant references a 10 CFR part 52 

license (e.g., an early site permit) and/ 

or NRC 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 the SRP in a 

manner that is inconsistent with any 

issue finality provisions. If, in the 

future, the staff seeks to impose a 

position in the SRP in a manner which 

does not provide issue finality as 

described in the applicable issue finality 

provision, then the staff must address 

the criteria for avoiding issue finality as 

described in the applicable issue finality 

provision. 

III. Congressional Review Act 

In accordance with the Congressional 

Review Act, the NRC has determined 

that this action is not a major rule and 

has verified this determination with the 

Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget. 

Dated at Rockville, Maryland, this 18th day 

of December, 2014. 

For the Nuclear Regulatory Commission. 

Joseph Colaccino, 

Chief, New Reactor Rulemaking and 

Guidance Branch, Division of Advanced 

Reactors and Rulemaking, Office of New 

Reactors. 

[FR Doc. 2014–30770 Filed 12–31–14; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73945; File No. SR–NYSE– 

2014–72] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Extending the 

Operation of Its Supplemental Liquidity 

Providers Pilot, Until the Earlier of the 

Securities and Exchange 

Commission’s Approval To Make Such 

Pilot Permanent or July 31, 2015 

December 24, 2014. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on December 

18, 2014, New York Stock Exchange 

LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘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 extend the 

operation of its Supplemental Liquidity 

Providers Pilot (‘‘SLP Pilot’’ or ‘‘Pilot’’) 

(see Rule 107B), currently scheduled to 

expire on December 31, 2014, until the 

earlier of the Securities and Exchange 

Commission’s (‘‘Commission’’) approval 

to make such Pilot permanent or July 

31, 2015. The text of the proposed rule 

change is available on the Exchange’s 

Web site 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 extend the 

operation of its SLP Pilot,4 currently 

scheduled to expire on December 31, 

2014, until the earlier of Commission 

approval to make such Pilot permanent 

or July 31, 2015. 

Background 5

In October 2008, the NYSE 

implemented significant changes to its 

market rules, execution technology and 

the rights and obligations of its market 

participants all of which were designed 

to improve execution quality on the 

Exchange. These changes are all 

elements of the Exchange’s enhanced 

market model referred to as the ‘‘New 

Market Model’’ (‘‘NMM Pilot’’).6 The 

SLP Pilot was launched in coordination 

with the NMM Pilot (see Rule 107B). 

As part of the NMM Pilot, NYSE 

eliminated the function of specialists on 

the Exchange creating a new category of 

market participant, the Designated 

Market Maker or ‘‘DMM.’’ 7 Separately, 

the NYSE established the SLP Pilot, 

which established SLPs as a new class 

of market participants to supplement 

the liquidity provided by DMMs.8

The SLP Pilot is scheduled to end 

operation on December 31, 2014 or such 

earlier time as the Commission may 

determine to make the rules permanent. 

The Exchange is currently preparing a 

rule filing seeking permission to make 

the SLP Pilot permanent, but does not 

expect that filing to be completed and 

approved by the Commission before 

December 31, 2014.9


asabaliauskas on DSK5VPTVN1PROD with NOTICES