NRC Form 212 30-day FRN

41422

Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices

July 12, 2023, by contacting Katherine
Maas at [email protected]. Please provide
notice of any special needs or
accommodations by July 5th, 2023.
Dated: June 20, 2023.
Brianna Ingram,
Paralegal Specialist.
[FR Doc. 2023–13421 Filed 6–23–23; 8:45 am]
BILLING CODE 7036–01–P

NUCLEAR REGULATORY
COMMISSION
[NRC–2022–0133]

Information Collection: NRC Form 212,
Qualifications Investigation
Professional, Technical, and
Administrative Positions
Nuclear Regulatory
Commission.
ACTION: Notice of submission to the
Office of Management and Budget;
request for comment.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) has recently
submitted a request for renewal of an
existing collection of information to the
Office of Management and Budget
(OMB) for review. The information
collection is entitled, NRC Form 212,
‘‘Qualifications Investigation
Professional, Technical, and
Administrative Positions.’’
DATES: Submit comments by July 26,
2023. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
FOR FURTHER INFORMATION CONTACT:
David Cullison, NRC Clearance Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
[email protected].
SUPPLEMENTARY INFORMATION:

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SUMMARY:

I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2022–
0133 when contacting the NRC about
the availability of information for this
action. You may obtain publicly

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available information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0133.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, 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
[email protected]. A copy of the
collection of information and related
instructions may be obtained without
charge by accessing ADAMS Accession
No. ML23144A241. The supporting
statement is available in ADAMS under
Accession No. ML23144A240.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to [email protected]
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David C. Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
[email protected].
B. Submitting Comments
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at https://
www.regulations.gov and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
or contact information.

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If you are requesting or aggregating
comments from other persons for
submission to the OMB, 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 comment submissions are not
routinely edited to remove such
information before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the NRC recently
submitted a request for renewal of an
existing collection of information to
OMB for review entitled, NRC Form
212, ‘‘Qualifications Investigation
Professional, Technical, and
Administrative Positions.’’ The NRC
hereby informs potential respondents
that an agency may not conduct or
sponsor, and that a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
February 14, 2023, 88 FR 9541.
1. The title of the information
collection: NRC Form 212,
‘‘Qualifications Investigation
Professional, Technical, and
Administrative Positions.’’
2. OMB approval number: 3150–0033.
3. Type of submission: Extension.
4. The form number, if applicable:
Form 212.
5. How often the collection is required
or requested: The form is collected for
every new hire to the NRC.
6. Who will be required or asked to
respond: Former employers,
supervisors, and other references
indicated on the job application are
asked to complete the NRC Form 212.
7. The estimated number of annual
responses: 1,000 forms.
8. The estimated number of annual
respondents: 1,000 respondents.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 500 hours.
10. Abstract: Information requested
on NRC Form 212 is used to determine
the qualifications and suitability of
applicants for employment in
professional, technical, and
administrative positions with the NRC.
The completed form may be used to
examine, rate and/or assess the
prospective employee’s qualifications.
The information regarding the

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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Notices
qualifications of applicants for
employment is reviewed by professional
personnel in the Office of the Chief
Human Capital Officer, in conjunction
with other information in the NRC files,
to determine the qualifications of the
applicant for appointment to the
position under consideration.
Dated: June 21, 2023.
For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2023–13463 Filed 6–23–23; 8:45 am]
BILLING CODE 7590–01–P

A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–97768; File No. SR–MIAX–
2023–23]

Self-Regulatory Organizations; Miami
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Increase Fees for the ToM
Market Data Product and Establish
Fees for the cToM Market Data Product
June 20, 2023.

Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on June 7,
2023, Miami International Securities
Exchange, LLC (‘‘MIAX’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’) a
proposed rule change as described in
Items I, II, and III 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.

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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing a proposal to
amend the MIAX Fee Schedule (‘‘Fee
Schedule’’) to amend the fees for two
market data products by (i) amending
the fees for MIAX Top of Market
(‘‘ToM’’); and (ii) establishing fees for
MIAX Complex Top of Market
(‘‘cToM’’).
The text of the proposed rule change
is available on the Exchange’s website at
http://www.miaxoptions.com/rulefilings, at MIAX’s principal office, and
at the Commission’s Public Reference
Room.
1 15
2 17

U.S.C. 78s(b)(1).
CFR 240.19b–4.

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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
Exchange 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 these
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 aspects of such
statements.

1. Purpose
The Exchange proposes to amend its
fees for two market data products by (i)
amending the fees for ToM; and (ii)
establishing fees for cToM. The
proposed fees will be immediately
effective. The Exchange initially filed
the proposal on December 28, 2022 (SR–
MIAX–2022–49) (the ‘‘Initial
Proposal’’).3 On February 23, 2023, the
Exchange withdrew the Initial Proposal
and replaced it with a revised proposal
(SR–MIAX–2023–07) (the ‘‘Second
Proposal’’).4 On April 11, 2023, the
Exchange withdrew the Second
Proposal and replaced it with further
revised proposal (SR–MIAX–2023–17)
(the ‘‘Third Proposal’’).5 The Exchange
recently withdrew the Third Proposal
and replaced it with this current
proposal (SR–MIAX–2023–23).6
3 See Securities Exchange Act Release No. 96626
(January 10, 2023), 88 FR 2699 (January 17, 2023)
(SR–MIAX–2022–49).
4 See Securities Exchange Act Release No. 97080
(March 8, 2023), 88 FR 15803 (March 14, 2023) (SR–
MIAX–2023–07).
5 See Securities Exchange Act Release No. 97327
(April 19, 2023), 88 FR 25032 (April 25, 2023) (SR–
MIAX–2023–17).
6 The Exchange met with Commission Staff to
discuss the Third Proposal during which the
Commission Staff provided feedback and requested
additional information, including, most recently,
information about total costs related to certain third
party vendors. Such vendor cost information is
subject to confidentiality restrictions. The Exchange
has provided this information to Commission Staff
under separate cover with a request for
confidentiality. While the Exchange will continue
to be responsive to Commission Staff’s information
requests, the Exchange believes that the
Commission should, at this point, issue
substantially more detailed guidance for exchanges
to follow in the process of pursuing a cost-based
approach to fee filings, and that, for the purposes
of fair competition, detailed disclosures by
exchanges, such as those that the Exchange is
providing now, should be consistent across all
exchanges, including for those that have resisted a
cost-based approach to fee filings, in the interests
of fair and even disclosure and fair competition.

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The Exchange previously filed several
proposals to adopt fees for cToM.7 The
Exchange notes that these prior
proposals included an analysis of the
costs underlying the compilation and
dissemination of the proposed cToM
fees. The Exchange previously included
a cost analysis in the Initial, Second and
Third Proposals. As described more
fully below, the Exchange provides an
updated cost analysis that includes,
among other things, additional
descriptions of how the Exchange
allocated costs among it and its
affiliated exchanges (MIAX PEARL, LLC
(‘‘MIAX Pearl’’), separately among
MIAX Pearl Options and MIAX Pearl
Equities, and MIAX Emerald, LLC
(‘‘MIAX Emerald,’’ together with MIAX
Pearl, the ‘‘affiliated markets’’)) to
ensure no cost was allocated more than
once, as well as additional detail
supporting its cost allocation processes
and explanations as to why a cost
allocation in this proposal may differ
from the same cost allocation in a
similar proposal submitted by one of its
affiliated markets. Although the baseline
cost analysis used to justify the
proposed fees was made in the Initial,
Second and Third Proposals, the fees
themselves have not changed since the
Initial Proposal and the Exchange still
proposes fees that are intended to cover
the Exchange’s cost of providing ToM
and cToM, with a reasonable mark-up
over those costs. The proposed fees are
intended to cover the Exchange’s cost of
compiling and disseminating ToM and
cToM with a reasonable mark-up over
those costs, accounting for ongoing
increases in expenses.8 Before setting
forth the additional details regarding the
proposal as well as the updated Cost
Analysis conducted by the Exchange,
immediately below is a description of
the proposed fees.
7 See Securities Exchange Act Release Nos. 92359
(July 9, 2021), 86 FR 37393 (July 15, 2021) (SR–
MIAX–2021–28); SR–MIAX–2021–44 (withdrawn
without being noticed by the Commission); 93426
(October 26, 2021), 86 FR 60314 (November 1, 2021)
(SR–MIAX–2021–50); 93808 (December 17, 2021),
86 FR 73011 (December 23, 2021) (SR–MIAX–2021–
62); 94262 (February 15, 2022), 87 FR 9733
(February 22, 2022) (SR–MIAX–2022–10); 94716
(April 14, 2022), 87 FR 23616 (April 20, 2022);
94893 (May 11, 2022), 87 FR 29914 (May 17, 2022)
(SR–MIAX–2022–19).
8 For example, the New York Stock Exchange,
Inc.’s (‘‘NYSE’’) Secure Financial Transaction
Infrastructure (‘‘SFTI’’) network, which contributes
to the Exchange’s connectivity cost, increased its
fees by approximately 9% since 2021. Similarly,
since 2021, the Exchange, and its affiliates,
experienced an increase in data center costs of
approximately 17% and an increase in hardware
and software costs of approximately 19%. These
percentages are based on the Exchange’s actual
2021 and proposed 2023 budgets.

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