60 Day Notice

3235-0249 60 Day Notice.pdf

Exchange Act Rule 12f-3 - Termination or Suspension of Unlisted Trading Privileges (17 CFR 240.12f-3)

60 Day Notice

OMB: 3235-0249

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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices

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from the SFP. The analyses show that
488 days after the permanent cessation
of power operations on September 20,
2019, the likelihood of such an event
leading to a large radiological release is
negligible. The NRC staff’s evaluation of
the licensee’s analyses confirm this
conclusion.
The NRC staff also finds that the
licensee’s proposed $50 million level of
onsite insurance is consistent with the
bounding cleanup and decontamination
cost as discussed in SECY–96–256, to
account for the hypothetical rupture of
a large liquid radiological waste tank at
the TMI–1 site, should such an event
occur. Therefore, the NRC staff
concludes that the application of the
current requirements in 10 CFR
50.54(w)(1) to maintain $1.06 billion in
onsite insurance coverage is not
necessary to achieve the underlying
purpose of the rule for the permanently
shutdown and defueled TMI–1 reactor.
Under 10 CFR 50.12(a)(2)(iii), special
circumstances are present whenever
compliance would result in undue
hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted, or that are significantly in
excess of those incurred by others
similarly situated.
The NRC staff concludes that if the
licensee was required to continue to
maintain an onsite insurance level of
$1.06 billion, the associated insurance
premiums would be in excess of those
necessary and commensurate with the
radiological contamination risks posed
by the site. In addition, such insurance
levels would be significantly in excess
of other decommissioning reactor
facilities that have been granted similar
exemptions by the NRC.
The NRC staff finds that compliance
with the existing rule would result in an
undue hardship or other costs that are
significantly in excess of those
contemplated when the regulation was
adopted and are significantly in excess
of those incurred by others similarly
situated.
Therefore, the special circumstances
required by 10 CFR 50.12(a)(2)(ii) and
10 CFR 50.12(a)(2)(iii) exist.
E. Environmental Considerations
The NRC’s approval of an exemption
from insurance or indemnity
requirements belongs to a category of
actions that the Commission, by rule or
regulation, has declared to be a
categorical exclusion after first finding
that the category of actions does not
individually or cumulatively have a
significant effect on the human
environment. Specifically, the
exemption is categorically excluded

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from the requirement to prepare an
environmental assessment or
environmental impact statement in
accordance with 10 CFR 51.22(c)(25).
Under 10 CFR 51.22(c)(25), granting
of an exemption from the requirements
of any regulation of Chapter I to 10 CFR
is a categorical exclusion provided that:
(i) There is no significant hazards
consideration; (ii) there is no significant
change in the types or significant
increase in the amounts of any effluents
that may be released offsite; (iii) there is
no significant increase in individual or
cumulative public or occupational
radiation exposure; (iv) there is no
significant construction impact; (v)
there is no significant increase in the
potential for or consequences from
radiological accidents; and (vi) the
requirements from which an exemption
is sought involve surety, insurance, or
indemnity requirements.
As the Director, Division of
Decommissioning, Uranium Recovery
and Waste Programs, Office of Nuclear
Material Safety and Safeguards, I have
determined that approval of the
exemption request involves no
significant hazards consideration, as
defined in 10 CFR 50.92, because
reducing the licensee’s onsite property
damage insurance for TMI–1 does not:
(1) Involve a significant increase in the
probability or consequences of an
accident previously evaluated; (2) create
the possibility of a new or different kind
of accident from any accident
previously evaluated; or (3) involve a
significant reduction in a margin of
safety. The exempted financial
protection regulation is unrelated to the
operation of TMI–1 or site activities.
Accordingly, there is no significant
change in the types or significant
increase in the amounts of any effluents
that may be released offsite and no
significant increase in individual or
cumulative public or occupational
radiation exposure. The exempted
regulation is not associated with
construction so there is no significant
construction impact. The exempted
regulation does not concern the source
term (i.e., potential amount of radiation
in an accident) or any activities
conducted at the site. Therefore, there is
no significant increase in the potential
for, or consequences of, a radiological
accident. In addition, there would be no
significant impacts to biota, water
resources, historic properties, cultural
resources, or socioeconomic conditions
in the region resulting from issuance of
the requested exemption. The
requirement for onsite property damage
insurance involves surety, insurance,
and indemnity matters only.

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Therefore, pursuant to 10 CFR
51.22(b) and 51.22(c)(25), no
environmental impact statement or
environmental assessment need be
prepared in connection with the
approval of this exemption request.
IV. Conclusions
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present as set forth in
10 CFR 50.12.
Therefore, the Commission hereby
grants Exelon an exemption from the
requirements of 10 CFR 50.54(w)(1) for
TMI–1. TMI–1 permanently ceased
power operations on September 20,
2019. The exemption permits TMI–1 to
lower the minimum required onsite
insurance to $50 million 488 days after
permanent cessation of power
operations, which occurred on January
20, 2021.
The exemption is effective
immediately.
Dated: March 22, 2021.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Division of Decommissioning,
Uranium Recovery and Waste Programs,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2021–06328 Filed 3–25–21; 8:45 am]
BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–141, OMB Control No.
3235–0249]

Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: U.S. Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rule 12f–3

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in Rule 12f–3 (17 CFR
240.12f–3), under the Securities
Exchange Act of 1934 (‘‘Act’’) (15 U.S.C.
78a et seq.). The Commission plans to
submit this existing collection of

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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices

information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
Rule 12f–3 (‘‘Rule’’), which was
originally adopted in 1955 pursuant to
Sections 12(f) and 23(a) of the Act, and
as further modified in 1995, sets forth
the requirements to submit an
application to the Commission for
termination or suspension of unlisted
trading privileges in a security, as
contemplated under Section 12(f)(4) of
the Act. In addition to requiring that one
copy of the application be filed with the
Commission, the Rule requires that the
application contain specified
information. Under the Rule, an
application to suspend or terminate
unlisted trading privileges must
provide, among other things, the name
of the applicant; a brief statement of the
applicant’s interest in the question of
termination or suspension of such
unlisted trading privileges; the title of
the security; the name of the issuer;
certain information regarding the size of
the class of security, the public trading
volume and price history in the security
for specified time periods on the subject
exchange and a statement indicating
that the applicant has provided a copy
of such application to the exchange
from which the suspension or
termination of unlisted trading
privileges are sought, and to any other
exchange on which the security is listed
or admitted to unlisted trading
privileges.
The information required to be
included in applications submitted
pursuant to Rule 12f–3, is intended to
provide the Commission with sufficient
information to make the necessary
findings under the Act to terminate or
suspend by order the unlisted trading
privileges granted a security on a
national securities exchange. Without
the Rule, the Commission would be
unable to fulfill these statutory
responsibilities.
The burden of complying with Rule
12f–3 arises when a potential
respondent, having a demonstrable bona
fide interest in the question of
termination or suspension of the
unlisted trading privileges of a security,
determines to seek such termination or
suspension. The staff estimates that
each such application to terminate or
suspend unlisted trading privileges
requires approximately one hour to
complete. Thus each potential
respondent would incur on average one
burden hour in complying with the
Rule.
The Commission staff estimates that
there could be as many as 18 responses
annually for an aggregate burden for all
respondents of 18 hours. Each

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respondent’s related internal cost of
compliance for Rule 12f–3 would be
$221.00, or, the cost of one hour of
professional work of a paralegal needed
to complete the application. The total
annual internal cost of compliance for
all potential respondents, therefore, is
$3,978.00 (18 responses × $221.00/
response).
Compliance with the application
requirements of Rule 12f–3 is
mandatory, though the filing of such
applications is undertaken voluntarily.
Rule 12f–3 does not have a record
retention requirement per se. However,
responses made pursuant to Rule 12f–3
are subject to the recordkeeping
requirements of Rules 17a–3 and 17a–4
of the Act. Information received in
response to Rule 12f–3 shall not be kept
confidential; the information collected
is public information.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information on respondents; and
(d) ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
Please direct your written comments
to: David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington
DC, 20549 or send an email to: PRA_
[email protected].
Dated: March 22, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–06242 Filed 3–25–21; 8:45 am]
BILLING CODE 8011–01–P

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SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–563, OMB Control No.
3235–0694]

Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rule 17g–10 and Form ABS Due
Diligence—15E

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in Rule 17g–10 and Form
ABS Due Diligence—15E under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.).1 The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Rule 17g–10 contains certain
certification requirements for thirdparty due diligence service providers
that are employed by an NRSRO, an
issuer, or an underwriter, which must
be made on Form ABS Due Diligence—
15E. The Commission estimates that the
total burden for respondents to comply
with Rule 17g–10 is 330 hours.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information on respondents; and
(d) ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
The Commission may not conduct or
sponsor a collection of information
unless it displays a currently valid
control number. No person shall be
subject to any penalty for failing to
comply with a collection of information
subject to the PRA that does not display
1 See

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17 CFR 240.17g–1 and 17 CFR 249b.300.

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File Created2021-03-26

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