In the Matter of Aerotest Operations, Inc.; Aerotest Radiography and Research Reactor; Order Approving Indirect Transfer of Facility Operating License and Conforming Amendment, 13366-13369 [2017-04756]
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Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices
University Administrators
10:30 a.m.–11:00 a.m. Discussion
with Center Directors
11:00 a.m.–3:00 p.m. Executive
Session—Closed Session
3:00 p.m.–4:00 p.m. Closeout
Session with Center Directors
Reason for Closing: Topics to be
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under 5 U.S.C. 552b(c), (4) and (6) of the
Government in the Sunshine Act.
Dated: March 7, 2017.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2017–04731 Filed 3–9–17; 8:45 am]
BILLING CODE 7555–01–P
Proposal Review Panel for Physics;
Notice of Meeting
sradovich on DSK3GMQ082PROD with NOTICES
Agenda
April 24, 2017; 8:30 a.m.–9:00 p.m.
8:30 a.m.–12:00 p.m. Panel Session:
Presentations on Center Overview,
Management and Science
12:00 p.m.–1:30 p.m. Lunch with
Graduate Students and Postdocs
1:30–4:00 p.m. Panel Session:
Continued Science Presentations,
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4:00 p.m.–5:00 p.m. Executive
Session—CLOSED SESSION
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April 25, 2017; 8:30 a.m.–4:00 p.m.
ADDRESSES:
8:30 a.m.–10:30 a.m. Meeting with
University Administrators
11:00 a.m.–12:00 p.m. Discussion with
Center Directors
12:00 p.m.–3:00 p.m. Executive
Session—CLOSED SESSION
3:00 p.m.–4:00 p.m. Closeout Session
with Center Directors
Reason for Closing: Topics to be
discussed and evaluated during closed
portions of the site review will include
information of a proprietary or
confidential nature, including technical
information and information on
personnel. These matters are exempt
under 5 U.S.C. 552b(c), (4) and (6) of the
Government in the Sunshine Act.
[FR Doc. 2017–04732 Filed 3–9–17; 8:45 am]
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation (NSF) announces the
following meeting:
Name: Proposal Review Panel for the
Division of Physics (1208) (V171446)—
JINA–CEE Site Visit.
Date and Time:
April 24, 2017; 8:30 a.m.–9:00 p.m.
April 25, 2017; 8:30 a.m.–4:00 p.m.
Place: Michigan State University, East
Lansing, MI 48824–1321.
Type of Meeting: Part-Open.
Contact Person: Jean Cottam-Allen,
Program Director for Physics Frontier
Centers, Division of Physics, National
Science Foundation, 4201 Wilson Blvd.,
Room 1015, Arlington, VA 22230;
Telephone: (703) 292–8783.
Purpose of Meeting: Site visit to
provide an evaluation of the progress of
the projects at the host site for the
Division of Physics at the National
Science Foundation.
18:37 Mar 09, 2017
DATES:
Dated: March 7, 2017.
Crystal Robinson,
Committee Management Officer.
NATIONAL SCIENCE FOUNDATION
VerDate Sep<11>2014
5:00 p.m.–7:00 p.m. Poster Session
7:00 p.m.—9:00 p.m. Executive
Session—CLOSED SESSION
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–228; License No. R–98; EA–
17–002; NRC–2012–0286]
In the Matter of Aerotest Operations,
Inc.; Aerotest Radiography and
Research Reactor; Order Approving
Indirect Transfer of Facility Operating
License and Conforming Amendment
Nuclear Regulatory
Commission.
ACTION: Indirect transfer of license;
order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
approving an application filed by
Aerotest Operations, Inc. (Aerotest) and
Nuclear Labyrinth LLC (Nuclear
Labyrinth) on May 30, 2012. The
application sought NRC approval of the
indirect transfer of Facility Operating
License No. R–98 for the Aerotest
Radiography and Research Reactor
(ARRR), currently held by Aerotest, to
Nuclear Labyrinth. The NRC’s approval
of the indirect license transfer is subject
to certain conditions, which are
described in the order. The order also
approves an amendment to the license
for administrative purposes to reflect
the indirect license transfer. The order
is effective upon issuance.
SUMMARY:
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The order was issued on
February 28, 2017, and is effective for
one year.
Please refer to Docket ID
NRC–2012–0286 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0286. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://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. For the
convenience of the reader, the ADAMS
accession numbers for documents
related to this action are provided in a
table in the ‘‘Availability of Documents’’
section of this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room OWFN–01F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Edward Helvenston, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
4067; email:
Edward.Helvenston@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Order
The text of the order is attached.
II. Availability of Documents
Documents related to this action,
including the indirect license transfer
application and other supporting
documentation, are available to
interested persons as indicated.
E:\FR\FM\10MRN1.SGM
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Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices
ADAMS accession
No(s).
Document
sradovich on DSK3GMQ082PROD with NOTICES
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, ‘‘Application for Approval of Indirect Transfer of Control of License,’’ May 30, 2012.
U.S. Nuclear Regulatory Commission, ‘‘Request to Aerotest Operations, Inc. and Nuclear Labyrinth LLC to Supplement
the License Transfer Application,’’ July 5, 2012.
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, ‘‘Response to Request to Aerotest Operations, Inc. and Nuclear
Labyrinth LLC to Supplement the License Transfer Application (TAC No. ME8811),’’ July 19, 2012.
U.S. Nuclear Regulatory Commission, ‘‘Aerotest Operations, Inc.—Acceptance of Requested License Transfer Application (TAC No. ME8811),’’ August 14, 2012.
U.S. Nuclear Regulatory Commission, ‘‘Aerotest Operations, Inc., and Nuclear Labyrinth LLC—Request for Additional Information Re: Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10 CFR 50.80 (TAC No. ME8811),’’ September 14, 2012.
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, ‘‘Response to Request for Additional Information Re: Application
for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10
CFR 50.80 (TAC No. ME8811),’’ October 15, 2012.
U.S. Nuclear Regulatory Commission, ‘‘Aerotest Operations, Inc., and Nuclear Labyrinth LLC—Request for Additional Information Re: Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10 CFR 50.80 (TAC No. ME8811),’’ December 10, 2012.
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, ‘‘Response to Request for Additional Information Re: Application
for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor Pursuant to 10
CFR 50.80 (TAC No. ME8811),’’ January 10, 2013.
U.S. Nuclear Regulatory Commission, ‘‘Summary of December 19, 2012, Meeting with Aerotest Operations, Inc., and
Nuclear Labyrinth LLC, on the Request for Additional Information on the Proposed Indirect License Transfer Application of the Aerotest Radiography and Research Reactor,’’ January 18, 2013.
U.S. Nuclear Regulatory Commission, ‘‘Denial of License Renewal, Denial of License Transfer, and Issuance of Order to
Modify License No. R–98 to Prohibit Operation of the Aerotest Radiography and Research Reactor, Facility Operating
License No. R–98 (TAC Nos. ME8811 and MC9596),’’ July 24, 2013.
U.S. Nuclear Regulatory Commission, Memorandum and Order CLI–14–05, April 10, 2014 ...............................................
U.S. Nuclear Regulatory Commission, Certification of Record to Commission (LBP–14–10), September 5, 2014 ..............
U.S. Nuclear Regulatory Commission, Memorandum and Order CLI–15–26, December 23, 2015 ......................................
U.S. Nuclear Regulatory Commission, ‘‘Aerotest Operations Inc. and Nuclear Labyrinth LLC Request for Additional Information Re: Opportunity to Supplement 2012 License Transfer Application (TAC No. MF7221),’’ January 21, 2016.
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, ‘‘Response to Request for Additional Information Re: Opportunity
to Supplement 2012 License Transfer Application (TAC No. MF7221),’’ April 21, 2016.
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, ‘‘Request for Proprietary Treatment for Supplemental Response to
Request for Additional Information Re: Opportunity to Supplement 2012 License Transfer Application (TAC No.
MF7221),’’ June 16, 2016.
U.S. Nuclear Regulatory Commission, ‘‘Aerotest Operations, Inc. and Nuclear Labyrinth LLC Request for Additional Information Re: Supplemented 2012 Application for Approval of Indirect Transfer of Control of License of Aerotest Radiography and Research Reactor (TAC No. MF7221),’’ July 20, 2016.
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, ‘‘Response to Request for Additional Information Re: Opportunity
to Supplement 2012 License Transfer Application (TAC No. MF7221),’’ August 22, 2016.
U.S. Nuclear Regulatory Commission, ‘‘Aerotest Operations, Inc., Notice of Consideration of Approval of Application Regarding Proposed Indirect Transfer and Conforming Amendments, Opportunity for a Hearing, and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information,’’ September 8, 2016, published in the Federal Register on September 23, 2016 (81 FR 65677).
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, ‘‘Response to Request for Additional Information Re: Opportunity
to Supplement 2012 License Transfer Application (TAC No. MF7221),’’ October 10, 2016.
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, Electronic mail providing clarification on license transfer proposed
technical specifications, October 19, 2016.
Aerotest Operations, Inc. and Nuclear Labyrinth LLC, Electronic mail providing clarification on non-proprietary treatment
of certain financial information, and a correction to license transfer proposed technical specifications, November 2,
2016.
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Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices
Dated at Rockville, Maryland, this 28th day
of February 2017.
For the Nuclear Regulatory Commission.
Spyros A. Traiforos,
Project Manager, Research and Test Reactors
Licensing Branch, Division of Policy and
Rulemaking, Office of Nuclear Reactor
Regulation.
ATTACHMENT—Order Approving Indirect
Transfer of Facility Operating License and
Conforming Amendment
In the Matter of Aerotest Operations, Inc.;
Aerotest Radiography and Research Reactor;
[Docket No. 50–228; License No. R–98; EA–
17–002; NRC–2012–0286] (EFFECTIVE
UPON ISSUANCE)
I.
sradovich on DSK3GMQ082PROD with NOTICES
Aerotest Operations, Inc. (Aerotest) is the
holder of Facility Operating License No. R–
98 for the Aerotest Radiography and Research
Reactor (ARRR), located in San Ramon,
Contra Costa County, California. Aerotest is
a wholly owned subsidiary of OEA
Aerospace, Inc., a wholly owned subsidiary
of OEA, Inc., which, in turn, is a wholly
owned subsidiary of Autoliv ASP, Inc.
(Autoliv). The ultimate owner is Autoliv, Inc.
II.
By application dated May 30, 2012, as
supplemented by letters dated July 19, 2012;
October 15, 2012; January 10, 2013; April 21,
2016; June 16, 2016; August 22, 2016; and
October 10, 2016, Aerotest and Nuclear
Labyrinth LLC (Nuclear Labyrinth)
(collectively, ‘‘the applicants’’) requested
U.S. Nuclear Regulatory Commission (NRC)
approval, pursuant to Title 10 of the Code of
Federal Regulations (10 CFR), Section 50.80
(10 CFR 50.80), of the indirect transfer of
control of the license for the ARRR. The
indirect transfer of control would involve the
transfer of ownership of Aerotest from OEA
Aerospace, Inc. to Nuclear Labyrinth, and
would result from the acquisition of Aerotest
by Nuclear Labyrinth through a stock
transfer. Nuclear Labyrinth would indirectly
own 100 percent of the ARRR through its
ownership of Aerotest. There would be no
direct transfer of the license. Aerotest would
continue to own and operate the facility and
hold the license. Although the license would
be amended for administrative purposes to
reflect the transfer, no physical changes to
the ARRR facility or operational changes
were proposed in the application. Except for
the installation of the Chief Executive Officer
and sole owner of Nuclear Labyrinth, Dr.
David Slaughter, as president of Aerotest, no
management or organizational changes were
proposed.
By the application dated May 30, 2012, as
supplemented by letters dated July 19, 2012,
October 15, 2012, and January 10, 2013, the
applicants originally requested NRC consent
for the subject indirect license transfer. By
letter dated July 24, 2013, the NRC staff
denied the applicants’ original indirect
license transfer application on the grounds
that the applicants had failed to satisfy the
NRC’s financial qualifications requirements
and that the applicants had not shown that
there would be sufficient funds to cover the
annual cost of fuel storage until the U.S.
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18:37 Mar 09, 2017
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Department of Energy accepts the fuel once
the facility permanently ceases operations.
The applicants filed a joint demand for a
hearing on the denial and, on August 12,
2014, a hearing was conducted, at which the
applicants presented new information,
relevant to the indirect license transfer
application, which had not previously been
provided to the NRC staff. Based on the
information presented by the applicants and
the NRC staff at the hearing, the Commission
issued an order, dated December 23, 2015,
remanding the license transfer application to
the NRC staff for further consideration.
Subsequently, the applicants further
supplemented the application by letters
dated April 21, 2016, June 16, 2016, August
22, 2016, and October 10, 2016.
A notice entitled ‘‘Aerotest Operations,
Inc.; Aerotest Radiography and Research
Reactor; Consideration of Approval of
Indirect License Transfer and Conforming
Amendment’’ was published in the Federal
Register on September 23, 2016 (81 FR
65677). No comments or hearing requests
were received.
Under 10 CFR 50.80, no license, or any
right thereunder, shall be transferred, directly
or indirectly, through transfer of control of
the license, unless the NRC gives its consent
in writing. Upon review of the information in
the application, as supplemented, and other
information before the Commission, the NRC
staff has determined that the indirect transfer
of Facility Operating License No. R–98, as
described above, is consistent with the
applicable provisions of law, regulations, and
orders issued by the NRC, pursuant thereto,
subject to the conditions set forth below. The
NRC staff has further found that the
application for the proposed amendment to
the license for administrative purposes to
reflect the indirect license transfer complies
with the standards and requirements of the
Atomic Energy Act of 1954, as amended (the
Act), and the Commission’s rules and
regulations set forth in 10 CFR Chapter I; the
facility will operate in conformity with the
application, the provisions of the Act, and
the rules and regulations of the Commission;
there is reasonable assurance that the
activities authorized by the proposed license
amendment can be conducted without
endangering the health and safety of the
public and that such activities will be
conducted in compliance with the
Commission’s regulations; the issuance of the
proposed license amendment will not be
inimical to the common defense and security
or to the health and safety of the public; and
the issuance of the proposed amendment will
be in accordance with 10 CFR part 51 of the
Commission’s regulations and all applicable
requirements have been satisfied. The
findings set forth above are supported by a
safety evaluation dated February 28, 2017.
III.
Accordingly, pursuant to Sections 161b,
161i, and 184 of the Act, 42 U.S.C. Sections
2201(b), 2201(i), and 2234; and 10 CFR 50.80,
it is hereby ordered that the application
regarding the proposed indirect license
transfer, as described herein, is approved,
subject to the following conditions:
1. A cash secured irrevocable standby letter
of credit from a federally insured bank in the
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amount of $300,000 that conforms to the
guidance provided in NRC Regulatory Guide
1.159 must be executed at the time of, or
before, the transfer.
2. A decommissioning trust fund for the
Aerotest Radiography and Research Reactor
(ARRR) that conforms to the guidance
provided in NRC Regulatory Guide 1.159
must be established at the time of, or before,
the transfer.
3. Autoliv, Inc. shall enter into a Funding
Agreement with Nuclear Labyrinth, LLC
(Nuclear Labyrinth) at the time of, or before,
the transfer. Written notice must be given to
the NRC of any changes to the Funding
Agreement.
4. The Funding Agreement between
Autoliv, Inc. and Nuclear Labyrinth shall
provide that upon the closing of the
transaction of the acquisition by Nuclear
Labyrinth of all of the issued and outstanding
shares of stock of Aerotest Operations, Inc.
(Aerotest) from the previous ultimate owner
of this stock, Autoliv, Inc., or its subsidiaries,
will make the following transfers of funds:
A. The sum of $943,225 to an account
designated in writing by Nuclear Labyrinth
for the benefit of Aerotest intended to fund
the operations and maintenance costs of the
ARRR for approximately 12 months
(Operating Funds). The Operating Funds may
only be used as needed to fund the
operations and maintenance costs of the
ARRR and may not be used by Nuclear
Labyrinth for any other purpose. Upon the
written request of Aerotest, Nuclear
Labyrinth shall distribute such funds from
the Operating Funds as Aerotest determines
to be necessary to operate and maintain the
ARRR.
B. The sum of $3,376,030 to the
decommissioning trust fund for the ARRR.
C. The sum of $742,410 (plus the interest
on this sum to be calculated from October 1,
2010, to the date of acquisition based on the
13-week Treasury bill rate) and the sum of
$625,000 to a segregated account in the
decommissioning trust fund for the ARRR
(Nuclear Fuel Disposal Funds). The Nuclear
Fuel Disposal Funds may only be used to
fund the disposal of the ARRR’s nuclear fuel
elements pursuant to U.S. Department of
Energy Contract DE–CR01–83NE44484, as
amended, and to fund the acquisition of fuel
element storage casks, respectively, and may
not be used for any other purpose.
D. The sum of $1,500,000 to the financial
protection standby trust for the ARRR.
E. The sum of $1,125,000 to a segregated
account in the decommissioning trust fund
for the ARRR (Spent Fuel Management
Funds). The Spent Fuel Management Funds
may only be used to fund the management
of the ARRR’s nuclear fuel elements after the
permanent cessation of operations of the
ARRR and before the acceptance of the fuel
by the U.S. Department of Energy.
It is further ordered that, consistent with
10 CFR 2.1315(b), the conforming license
amendment that makes administrative
changes to reflect the subject indirect license
transfer is approved. The amendment shall
be issued and made effective at the time the
proposed indirect license transfer action is
completed.
It is further ordered that, after receipt of all
required regulatory approvals of the
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Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices
proposed indirect license transfer action,
Aerotest shall inform the Director of the
Division of Policy and Rulemaking in writing
of such receipt and of the date of closing of
the transfer no later than 7 business days
prior to the date of the closing of the transfer.
Should the proposed indirect license transfer
not be completed by February 28, 2018, this
Order shall become null and void, provided,
however, that upon written application and
for good cause shown, such date may be
extended by order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the application dated May 30,
2012, as supplemented by letters dated July
19, 2012, October 15, 2012, January 10, 2013,
April 21, 2016, June 16, 2016, August 22,
2016, and October 10, 2016 (Agencywide
Documents Access and Management System
(ADAMS) Accession Nos. for these
documents are listed in the ‘‘Availability of
Documents’’ section of the Federal Register
notice to which this order is attached); other
documents listed in the ‘‘Availability of
Documents’’ section of the Federal Register
notice; and the NRC Safety Evaluation dated
February 28, 2017, which are available for
public inspection at the Commission’s Public
Document Room (PDR), located at One White
Flint North, Public File Area 01 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available documents are
accessible electronically through ADAMS in
the NRC Library at https://www.nrc.gov/
reading-rm/adams.html. Persons who
encounter problems with ADAMS should
contact the NRC’s PDR reference staff by
telephone at 1–800–397–4209, or 301–415–
4737, or by email at pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 28th day
of February, 2017.
For the Nuclear Regulatory Commission.
Louise Lund,
Director, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. 2017–04756 Filed 3–9–17; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80161; File No. SR–BX–
2017–015]
Self-Regulatory Organizations;
NASDAQ BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Billing Ports
and Other Services
sradovich on DSK3GMQ082PROD with NOTICES
March 6, 2017.
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 February
21, 2017, NASDAQ BX, Inc. (‘‘BX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
VerDate Sep<11>2014
18:37 Mar 09, 2017
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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to clarify that
BX Options Market port fees and other
services in Chapter VX, Section 3 of BX
Rules are not prorated.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqbx.cchwallstreet.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
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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
BILLING CODE 7590–01–P
1 15
‘‘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.
The purpose of the proposed rule
change is to include language within
Chapter XV, Section 3 to clarify that the
port fees and other services noted in this
section are not subject to proration.
Chapter XV, Section 3, entitled ‘‘BX
Options Market—Ports and other
Services’’ includes pricing for TradeInfo
BX,3 various port fees and an Extranet
Access Fee.4 The port fees include
3 TradeInfo allows a BX Options Participant to
scan for all orders it submitted to BX Options in a
particular security or all orders of a particular type,
regardless of their status (open, canceled, executed,
etc.) [sic] Also, it permits a participant to cancel
open orders at the port or firm mnemonic level.
TradeInfo allows a BX Options Participant to
manage its order flow and mitigate risk by giving
users the ability to view its orders and executions,
as well as the ability to perform cancels at the port
or firm mnemonic level. Finally, TradeInfo BX has
the ability download records of orders and
executions for recordkeeping purposes.
4 The Extranet Access Fee is a monthly access fee
per recipient Customer Premises Equipment
(‘‘CPE’’) Configuration. A ‘‘Customer Premises
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13369
Order Entry Ports,5 CTI Ports,6 BX
Depth Ports,7 BX TOP Ports,8 Order
Entry DROP Ports 9 and SQF Ports.10
Equipment Configuration’’ means any line, circuit,
router package, or other technical configuration
used by an extranet provider to provide a direct
access connection to the Exchange market data
feeds to a recipient’s site.
5 The Order Entry Port Fee is a connectivity fee
in connection with routing orders to the Exchange
via an external order entry port. BX Options Market
Participants access the Exchange’s network through
order entry ports. A BX Options Market Participant
may have more than one order entry port.
6 CTI offers real-time clearing trade updates. A
real-time clearing trade update is a message that is
sent to a member after an execution has occurred
and contains trade details. The message containing
the trade details is also simultaneously sent to The
Options Clearing Corporation. The trade messages
are routed to a member’s connection containing
certain information. The administrative and market
event messages include, but are not limited to:
System event messages to communicate
operational-related events; options directory
messages to relay basic option symbol and contract
information for options traded on the Exchange;
complex strategy messages to relay information for
those strategies traded on the Exchange; trading
action messages to inform market participants when
a specific option or strategy is halted or released for
trading on the Exchange; and an indicator which
distinguishes electronic and non-electronically
delivered orders.
7 A BX Depth Port provides access to BX Depth,
which is a data feed that provides quotation
information for individual orders on the BX book,
last sale information for trades executed on BX, and
Order Imbalance Information as set forth in BX
Options Rules Chapter VI, Section 8. BX Depth is
the options equivalent of the BX TotalView/ITCH
data feed that BX offers under BX Rule 7023 with
respect to equities traded on BX. As with
TotalView, members use BX Depth to ‘‘build’’ their
view of the BX book by adding individual orders
that appear on the feed, and subtracting individual
orders that are executed. See Chapter VI, Section
1(a)(3)(A).
8 BX TOP Port is a data feed that provides the BX
Best Bid and Offer (‘‘BBO’’) and last sale
information for trades executed on BX. The BBO
and last sale information are identical to the
information that BX sends to the Options Price
Regulatory Authority (‘‘OPRA’’) and which OPRA
disseminates via the consolidated data feed for
options. BX TOP Port is the options equivalent of
the BX Basic data feed offered for equities under BX
Rule 7047. See Chapter VI, Section 1(a)(3)(B).
9 The DROP interface provides real time
information regarding orders sent to the BX Options
Market and executions that occurred on the BX
Options Market. The DROP interface is not a trading
interface and does not accept order messages.
10 SQF is an interface that allows BX Market
Makers to connect and send quotes and sweeps into
the System. Data includes the following: (1) Options
Auction Notifications (e.g., opening imbalance,
market exhaust, PRISM Auction information, or
other information); (2) Options Symbol Directory
Messages; (3) System Event Messages (e.g., start of
messages, start of system hours, start of quoting,
start of opening); (4) Option Trading Action
Messages (e.g., halts, resumes); and (5) Quote
Messages (quote/sweep messages, risk protection
triggers or purge notifications). An Active Purge
Port may be configured as a ‘‘Purge-only’’ port of
purging option interest from the Exchange’s system
and allowing entry of underlying-level purges for a
specified range of options and delivery of Purge
Notification messages identifying the identification
of who submitted the purge and the underlying
symbol.
E:\FR\FM\10MRN1.SGM
10MRN1
Agencies
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Notices]
[Pages 13366-13369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04756]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-228; License No. R-98; EA-17-002; NRC-2012-0286]
In the Matter of Aerotest Operations, Inc.; Aerotest Radiography
and Research Reactor; Order Approving Indirect Transfer of Facility
Operating License and Conforming Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Indirect transfer of license; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order approving an application filed by Aerotest Operations, Inc.
(Aerotest) and Nuclear Labyrinth LLC (Nuclear Labyrinth) on May 30,
2012. The application sought NRC approval of the indirect transfer of
Facility Operating License No. R-98 for the Aerotest Radiography and
Research Reactor (ARRR), currently held by Aerotest, to Nuclear
Labyrinth. The NRC's approval of the indirect license transfer is
subject to certain conditions, which are described in the order. The
order also approves an amendment to the license for administrative
purposes to reflect the indirect license transfer. The order is
effective upon issuance.
DATES: The order was issued on February 28, 2017, and is effective for
one year.
ADDRESSES: Please refer to Docket ID NRC-2012-0286 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0286. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
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 ``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. For
the convenience of the reader, the ADAMS accession numbers for
documents related to this action are provided in a table in the
``Availability of Documents'' section of this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room OWFN-01F21, One White Flint North,
11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Edward Helvenston, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-4067; email: Edward.Helvenston@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Order
The text of the order is attached.
II. Availability of Documents
Documents related to this action, including the indirect license
transfer application and other supporting documentation, are available
to interested persons as indicated.
[[Page 13367]]
------------------------------------------------------------------------
Document ADAMS accession No(s).
------------------------------------------------------------------------
Aerotest Operations, Inc. and Nuclear ML12152A233, ML12180A384
Labyrinth LLC, ``Application for Approval
of Indirect Transfer of Control of
License,'' May 30, 2012.
U.S. Nuclear Regulatory Commission, ML121740317, ML121740343
``Request to Aerotest Operations, Inc.
and Nuclear Labyrinth LLC to Supplement
the License Transfer Application,'' July
5, 2012.
Aerotest Operations, Inc. and Nuclear ML122021201
Labyrinth LLC, ``Response to Request to
Aerotest Operations, Inc. and Nuclear
Labyrinth LLC to Supplement the License
Transfer Application (TAC No. ME8811),''
July 19, 2012.
U.S. Nuclear Regulatory Commission, ML12213A486
``Aerotest Operations, Inc.--Acceptance
of Requested License Transfer Application
(TAC No. ME8811),'' August 14, 2012.
U.S. Nuclear Regulatory Commission, ML12242A460, ML12242A479
``Aerotest Operations, Inc., and Nuclear
Labyrinth LLC--Request for Additional
Information Re: Application for Approval
of Indirect Transfer of Control of
License of Aerotest Radiography and
Research Reactor Pursuant to 10 CFR 50.80
(TAC No. ME8811),'' September 14, 2012.
Aerotest Operations, Inc. and Nuclear ML12291A508
Labyrinth LLC, ``Response to Request for
Additional Information Re: Application
for Approval of Indirect Transfer of
Control of License of Aerotest
Radiography and Research Reactor Pursuant
to 10 CFR 50.80 (TAC No. ME8811),''
October 15, 2012.
U.S. Nuclear Regulatory Commission, ML12339A181, ML12339A189
``Aerotest Operations, Inc., and Nuclear
Labyrinth LLC--Request for Additional
Information Re: Application for Approval
of Indirect Transfer of Control of
License of Aerotest Radiography and
Research Reactor Pursuant to 10 CFR 50.80
(TAC No. ME8811),'' December 10, 2012.
Aerotest Operations, Inc. and Nuclear ML13015A395
Labyrinth LLC, ``Response to Request for
Additional Information Re: Application
for Approval of Indirect Transfer of
Control of License of Aerotest
Radiography and Research Reactor Pursuant
to 10 CFR 50.80 (TAC No. ME8811),''
January 10, 2013.
U.S. Nuclear Regulatory Commission, ML13018A003
``Summary of December 19, 2012, Meeting
with Aerotest Operations, Inc., and
Nuclear Labyrinth LLC, on the Request for
Additional Information on the Proposed
Indirect License Transfer Application of
the Aerotest Radiography and Research
Reactor,'' January 18, 2013.
U.S. Nuclear Regulatory Commission, ML13120A598, ML13129A001,
``Denial of License Renewal, Denial of ML13158A164
License Transfer, and Issuance of Order
to Modify License No. R-98 to Prohibit
Operation of the Aerotest Radiography and
Research Reactor, Facility Operating
License No. R-98 (TAC Nos. ME8811 and
MC9596),'' July 24, 2013.
U.S. Nuclear Regulatory Commission, ML14100A094
Memorandum and Order CLI-14-05, April 10,
2014.
U.S. Nuclear Regulatory Commission, ML14248A614
Certification of Record to Commission
(LBP-14-10), September 5, 2014.
U.S. Nuclear Regulatory Commission, ML15357A201
Memorandum and Order CLI-15-26, December
23, 2015.
U.S. Nuclear Regulatory Commission, ML16020A546
``Aerotest Operations Inc. and Nuclear
Labyrinth LLC Request for Additional
Information Re: Opportunity to Supplement
2012 License Transfer Application (TAC
No. MF7221),'' January 21, 2016.
Aerotest Operations, Inc. and Nuclear ML16117A259
Labyrinth LLC, ``Response to Request for
Additional Information Re: Opportunity to
Supplement 2012 License Transfer
Application (TAC No. MF7221),'' April 21,
2016.
Aerotest Operations, Inc. and Nuclear ML16176A221
Labyrinth LLC, ``Request for Proprietary
Treatment for Supplemental Response to
Request for Additional Information Re:
Opportunity to Supplement 2012 License
Transfer Application (TAC No. MF7221),''
June 16, 2016.
U.S. Nuclear Regulatory Commission, ML16182A397
``Aerotest Operations, Inc. and Nuclear
Labyrinth LLC Request for Additional
Information Re: Supplemented 2012
Application for Approval of Indirect
Transfer of Control of License of
Aerotest Radiography and Research Reactor
(TAC No. MF7221),'' July 20, 2016.
Aerotest Operations, Inc. and Nuclear ML16245A230
Labyrinth LLC, ``Response to Request for
Additional Information Re: Opportunity to
Supplement 2012 License Transfer
Application (TAC No. MF7221),'' August
22, 2016.
U.S. Nuclear Regulatory Commission, ML16214A125, ML16214A121
``Aerotest Operations, Inc., Notice of
Consideration of Approval of Application
Regarding Proposed Indirect Transfer and
Conforming Amendments, Opportunity for a
Hearing, and Order Imposing Procedures
for Access to Sensitive Unclassified Non-
Safeguards Information,'' September 8,
2016, published in the Federal Register
on September 23, 2016 (81 FR 65677).
Aerotest Operations, Inc. and Nuclear ML16294A250
Labyrinth LLC, ``Response to Request for
Additional Information Re: Opportunity to
Supplement 2012 License Transfer
Application (TAC No. MF7221),'' October
10, 2016.
Aerotest Operations, Inc. and Nuclear ML16294A549
Labyrinth LLC, Electronic mail providing
clarification on license transfer
proposed technical specifications,
October 19, 2016.
Aerotest Operations, Inc. and Nuclear ML16312A345
Labyrinth LLC, Electronic mail providing
clarification on non-proprietary
treatment of certain financial
information, and a correction to license
transfer proposed technical
specifications, November 2, 2016.
------------------------------------------------------------------------
[[Page 13368]]
Dated at Rockville, Maryland, this 28th day of February 2017.
For the Nuclear Regulatory Commission.
Spyros A. Traiforos,
Project Manager, Research and Test Reactors Licensing Branch, Division
of Policy and Rulemaking, Office of Nuclear Reactor Regulation.
ATTACHMENT--Order Approving Indirect Transfer of Facility Operating
License and Conforming Amendment
In the Matter of Aerotest Operations, Inc.; Aerotest Radiography and
Research Reactor; [Docket No. 50-228; License No. R-98; EA-17-002; NRC-
2012-0286] (EFFECTIVE UPON ISSUANCE)
I.
Aerotest Operations, Inc. (Aerotest) is the holder of Facility
Operating License No. R-98 for the Aerotest Radiography and Research
Reactor (ARRR), located in San Ramon, Contra Costa County,
California. Aerotest is a wholly owned subsidiary of OEA Aerospace,
Inc., a wholly owned subsidiary of OEA, Inc., which, in turn, is a
wholly owned subsidiary of Autoliv ASP, Inc. (Autoliv). The ultimate
owner is Autoliv, Inc.
II.
By application dated May 30, 2012, as supplemented by letters
dated July 19, 2012; October 15, 2012; January 10, 2013; April 21,
2016; June 16, 2016; August 22, 2016; and October 10, 2016, Aerotest
and Nuclear Labyrinth LLC (Nuclear Labyrinth) (collectively, ``the
applicants'') requested U.S. Nuclear Regulatory Commission (NRC)
approval, pursuant to Title 10 of the Code of Federal Regulations
(10 CFR), Section 50.80 (10 CFR 50.80), of the indirect transfer of
control of the license for the ARRR. The indirect transfer of
control would involve the transfer of ownership of Aerotest from OEA
Aerospace, Inc. to Nuclear Labyrinth, and would result from the
acquisition of Aerotest by Nuclear Labyrinth through a stock
transfer. Nuclear Labyrinth would indirectly own 100 percent of the
ARRR through its ownership of Aerotest. There would be no direct
transfer of the license. Aerotest would continue to own and operate
the facility and hold the license. Although the license would be
amended for administrative purposes to reflect the transfer, no
physical changes to the ARRR facility or operational changes were
proposed in the application. Except for the installation of the
Chief Executive Officer and sole owner of Nuclear Labyrinth, Dr.
David Slaughter, as president of Aerotest, no management or
organizational changes were proposed.
By the application dated May 30, 2012, as supplemented by
letters dated July 19, 2012, October 15, 2012, and January 10, 2013,
the applicants originally requested NRC consent for the subject
indirect license transfer. By letter dated July 24, 2013, the NRC
staff denied the applicants' original indirect license transfer
application on the grounds that the applicants had failed to satisfy
the NRC's financial qualifications requirements and that the
applicants had not shown that there would be sufficient funds to
cover the annual cost of fuel storage until the U.S. Department of
Energy accepts the fuel once the facility permanently ceases
operations. The applicants filed a joint demand for a hearing on the
denial and, on August 12, 2014, a hearing was conducted, at which
the applicants presented new information, relevant to the indirect
license transfer application, which had not previously been provided
to the NRC staff. Based on the information presented by the
applicants and the NRC staff at the hearing, the Commission issued
an order, dated December 23, 2015, remanding the license transfer
application to the NRC staff for further consideration.
Subsequently, the applicants further supplemented the application by
letters dated April 21, 2016, June 16, 2016, August 22, 2016, and
October 10, 2016.
A notice entitled ``Aerotest Operations, Inc.; Aerotest
Radiography and Research Reactor; Consideration of Approval of
Indirect License Transfer and Conforming Amendment'' was published
in the Federal Register on September 23, 2016 (81 FR 65677). No
comments or hearing requests were received.
Under 10 CFR 50.80, no license, or any right thereunder, shall
be transferred, directly or indirectly, through transfer of control
of the license, unless the NRC gives its consent in writing. Upon
review of the information in the application, as supplemented, and
other information before the Commission, the NRC staff has
determined that the indirect transfer of Facility Operating License
No. R-98, as described above, is consistent with the applicable
provisions of law, regulations, and orders issued by the NRC,
pursuant thereto, subject to the conditions set forth below. The NRC
staff has further found that the application for the proposed
amendment to the license for administrative purposes to reflect the
indirect license transfer complies with the standards and
requirements of the Atomic Energy Act of 1954, as amended (the Act),
and the Commission's rules and regulations set forth in 10 CFR
Chapter I; the facility will operate in conformity with the
application, the provisions of the Act, and the rules and
regulations of the Commission; there is reasonable assurance that
the activities authorized by the proposed license amendment can be
conducted without endangering the health and safety of the public
and that such activities will be conducted in compliance with the
Commission's regulations; the issuance of the proposed license
amendment will not be inimical to the common defense and security or
to the health and safety of the public; and the issuance of the
proposed amendment will be in accordance with 10 CFR part 51 of the
Commission's regulations and all applicable requirements have been
satisfied. The findings set forth above are supported by a safety
evaluation dated February 28, 2017.
III.
Accordingly, pursuant to Sections 161b, 161i, and 184 of the
Act, 42 U.S.C. Sections 2201(b), 2201(i), and 2234; and 10 CFR
50.80, it is hereby ordered that the application regarding the
proposed indirect license transfer, as described herein, is
approved, subject to the following conditions:
1. A cash secured irrevocable standby letter of credit from a
federally insured bank in the amount of $300,000 that conforms to
the guidance provided in NRC Regulatory Guide 1.159 must be executed
at the time of, or before, the transfer.
2. A decommissioning trust fund for the Aerotest Radiography and
Research Reactor (ARRR) that conforms to the guidance provided in
NRC Regulatory Guide 1.159 must be established at the time of, or
before, the transfer.
3. Autoliv, Inc. shall enter into a Funding Agreement with
Nuclear Labyrinth, LLC (Nuclear Labyrinth) at the time of, or
before, the transfer. Written notice must be given to the NRC of any
changes to the Funding Agreement.
4. The Funding Agreement between Autoliv, Inc. and Nuclear
Labyrinth shall provide that upon the closing of the transaction of
the acquisition by Nuclear Labyrinth of all of the issued and
outstanding shares of stock of Aerotest Operations, Inc. (Aerotest)
from the previous ultimate owner of this stock, Autoliv, Inc., or
its subsidiaries, will make the following transfers of funds:
A. The sum of $943,225 to an account designated in writing by
Nuclear Labyrinth for the benefit of Aerotest intended to fund the
operations and maintenance costs of the ARRR for approximately 12
months (Operating Funds). The Operating Funds may only be used as
needed to fund the operations and maintenance costs of the ARRR and
may not be used by Nuclear Labyrinth for any other purpose. Upon the
written request of Aerotest, Nuclear Labyrinth shall distribute such
funds from the Operating Funds as Aerotest determines to be
necessary to operate and maintain the ARRR.
B. The sum of $3,376,030 to the decommissioning trust fund for
the ARRR.
C. The sum of $742,410 (plus the interest on this sum to be
calculated from October 1, 2010, to the date of acquisition based on
the 13-week Treasury bill rate) and the sum of $625,000 to a
segregated account in the decommissioning trust fund for the ARRR
(Nuclear Fuel Disposal Funds). The Nuclear Fuel Disposal Funds may
only be used to fund the disposal of the ARRR's nuclear fuel
elements pursuant to U.S. Department of Energy Contract DE-CR01-
83NE44484, as amended, and to fund the acquisition of fuel element
storage casks, respectively, and may not be used for any other
purpose.
D. The sum of $1,500,000 to the financial protection standby
trust for the ARRR.
E. The sum of $1,125,000 to a segregated account in the
decommissioning trust fund for the ARRR (Spent Fuel Management
Funds). The Spent Fuel Management Funds may only be used to fund the
management of the ARRR's nuclear fuel elements after the permanent
cessation of operations of the ARRR and before the acceptance of the
fuel by the U.S. Department of Energy.
It is further ordered that, consistent with 10 CFR 2.1315(b),
the conforming license amendment that makes administrative changes
to reflect the subject indirect license transfer is approved. The
amendment shall be issued and made effective at the time the
proposed indirect license transfer action is completed.
It is further ordered that, after receipt of all required
regulatory approvals of the
[[Page 13369]]
proposed indirect license transfer action, Aerotest shall inform the
Director of the Division of Policy and Rulemaking in writing of such
receipt and of the date of closing of the transfer no later than 7
business days prior to the date of the closing of the transfer.
Should the proposed indirect license transfer not be completed by
February 28, 2018, this Order shall become null and void, provided,
however, that upon written application and for good cause shown,
such date may be extended by order.
This Order is effective upon issuance.
For further details with respect to this Order, see the
application dated May 30, 2012, as supplemented by letters dated
July 19, 2012, October 15, 2012, January 10, 2013, April 21, 2016,
June 16, 2016, August 22, 2016, and October 10, 2016 (Agencywide
Documents Access and Management System (ADAMS) Accession Nos. for
these documents are listed in the ``Availability of Documents''
section of the Federal Register notice to which this order is
attached); other documents listed in the ``Availability of
Documents'' section of the Federal Register notice; and the NRC
Safety Evaluation dated February 28, 2017, which are available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area 01 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly
available documents are accessible electronically through ADAMS in
the NRC Library at https://www.nrc.gov/reading-rm/adams.html. Persons
who encounter problems with ADAMS should contact the NRC's PDR
reference staff by telephone at 1-800-397-4209, or 301-415-4737, or
by email at pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 28th day of February, 2017.
For the Nuclear Regulatory Commission.
Louise Lund,
Director, Division of Policy and Rulemaking, Office of Nuclear
Reactor Regulation.
[FR Doc. 2017-04756 Filed 3-9-17; 8:45 am]
BILLING CODE 7590-01-P