Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Proposed Rules 9591 

Public Participation 

EOIR welcomes responses to these 

questions in the form of written 

submissions, as well as in-person 

discussion at each respective meeting. 

To facilitate EOIR’s ability to respond to 

comments at the meetings, the agency 

believes it will be most helpful to 

receive written answers to the questions 

before the meetings. Therefore, EOIR 

encourages parties to submit written 

answers no later than 5 p.m. on 

Tuesday, March 6, 2012, by email to 

PAO.EOIR@usdoj.gov. However, EOIR 

will also accept comments and written 

responses after the meetings. Final 

written submissions are due no later 

than 5 p.m. on Friday, March 30, 2012, 

by email to PAO.EOIR@usdoj.gov. 

The meetings are open to the public, 

but advance notice of attendance is 

required to ensure adequate seating. 

Persons planning to attend should 

notify Lauren Alder Reid, Counsel for 

Legislative and Public Affairs, 703–305– 

0289, PAO.EOIR@usdoj.gov. For each 

meeting, participation will be limited to 

the first forty (40) individuals to RSVP, 

with an additional conference call 

option available. 

Dated: February 7, 2012. 

Lauren Alder-Reid, 

Counsel for Legislative and Public Affairs. 

[FR Doc. 2012–3725 Filed 2–16–12; 8:45 am] 

BILLING CODE 4410–30–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AJ05 

[NRC–2011–0221] 

List of Approved Spent Fuel Storage 

Casks: HI–STORM 100, Revision 8 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is proposing to amend its spent fuel 

storage cask regulations by revising the 

Holtec International HI–STORM 100 dry 

cask storage system listing within the 

‘‘List of Approved Spent Fuel Storage 

Casks’’ to include Amendment No. 8 to 

Certificate of Compliance (CoC) No. 

1014. Amendment No. 8 adds a new 

multipurpose canister (MPC)—68M to 

the approved models currently included 

in CoC No. 1014 with two new boiling 

water reactor fuel assembly/array 

classes, and a new pressurized water 

reactor fuel assembly/class to CoC No. 

1014 for loading into the MPC–32. In 

addition, the amendment makes several 

other changes as described under the 

‘‘Background’’ heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

DATES: Submit comments by March 19, 

2012. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC staff is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: Please include Docket ID 

NRC–2011–0221 in the subject line of 

your comments. For instructions on 

submitting comments and accessing 

documents related to this action, see 

‘‘Submitting Comments and Accessing 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

You may submit comments by any one 

of the following methods: 

• Federal rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2011–0221. Address questions 

about NRC dockets to Carol Gallagher, 

telephone: 301–492–3668, email: 

Carol.Gallagher@nrc.gov. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply email confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

• Hand-deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

EST Federal workdays (telephone: 301– 

415–1677). 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Trussell, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

6445, email: Gregory.Trussell@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments and Accessing 

Information 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site, http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You can access publicly available 

documents related to this document 

using the following methods: 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied, for a fee, publicly available 

documents at the NRC’s PDR, Room O– 

1F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available online in the NRC Library at 

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

adams.html. From this page, the public 

can gain entry into ADAMS, which 

provides text and image files of NRC’s 

public documents. If you do not have 

access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. 

• Federal Rulemaking Web Site: 

Public comments and supporting 

materials related to this proposed rule 

can be found at http:// 

www.regulations.gov by searching on 

Docket ID NRC–2011–0221. For 

additional information, see the direct 

final rule published in the Rules and 

Regulations section of this issue of the 

Federal Register. 

Procedural Background 

This rule is limited to the changes 

contained in Amendment No. 8 to CoC 

No. 1014 and does not include other 

aspects of the HI–STORM 100 dry 

storage cask system. Because the NRC 

considers this action noncontroversial 

and routine, the NRC is publishing this 

proposed rule concurrently as a direct 

final rule in the Rules and Regulations 

section of this issue of the Federal 

Register. Adequate protection of public 

health and safety continues to be 

ensured. The direct final rule will 

become effective on May 2, 2012. 

However, if the NRC receives significant 

adverse comments on the direct final 

rule by March 19, 2012, then the NRC 

will publish a document that withdraws 

the direct final rule. If the direct final 

rule is withdrawn, the NRC will address 

the comments received in response to 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

9592 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Proposed Rules 

the proposed revisions in a subsequent 

final rule. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action in the event the direct final 

rule is withdrawn. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or Technical 

Specifications (TSs). 

For additional procedural information 

and the regulatory analysis, see the 

direct final rule published in the Rules 

and Regulations section of this Federal 

Register. 

Background 

On November 28, 2009, and as 

supplemented on November 4 and 

December 14, 2010, and February 25 

and July 8, 2011, Holtec International, 

the holder of CoC No. 1014, submitted 

a certificate amendment request to the 

NRC requesting an amendment to CoC 

No. 1014. Specifically, Holtec 

International requested changes to add a 

new multipurpose canister (MPC)–68M 

to the approved models currently 

included in CoC No. 1014 with two new 

boiling water reactor fuel assembly/ 

array classes, and a new pressurized 

water reactor fuel assembly/class to CoC 

No. 1014 for loading into the MPC–32. 

In addition, the amendment would 

change (1) Condition 5 of CoC No. 1014 

to add ‘‘if applicable’’ after the reference 

to Section 3.5 of Appendix B, ‘‘Cask 

Transfer Facility (CTF)’’ to clarify that 

the CTF is an optional facility; (2) 

Appendix A, TS 1.1, to modify the CTF 

definition to clarify that it could be used 

in lieu of Title 10 of the Code of Federal 

Regulations (10 CFR) part 50 controlled 

structures for cask transfer evolutions; 

and (3) Table 3–1, MPC Cavity Drying 

Limits, to include the previously 

approved, but omitted table to eliminate 

inconsistencies between Table 3–1 and 

TS 3.1.1, Limiting Condition for 

Operation. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Criminal penalties, 

Manpower training programs, Nuclear 

materials, Occupational safety and 

health, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended, and 5 U.S.C. 

553; the NRC is proposing to adopt the 

following amendments to 10 CFR part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

1. The authority citation for part 72 

continues to read as follows: 

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 

929, 930, 932, 933, 934, 935, 948, 953, 954, 

955, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2071, 2073, 2077, 2092, 

2093, 2095, 2099, 2111, 2201, 2232, 2233, 

2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 

L. 86–373, 73 Stat. 688, as amended (42 

U.S.C. 2021); sec. 201, as amended, 202, 206, 

88 Stat. 1242, as amended, 1244, 1246 (42 

U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 

10, 92 Stat. 2951 as amended by Pub. L. 102– 

486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 

(42 U.S.C. 4332); secs. 131, 132, 133, 135, 

137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 

2232, 2241, sec. 148, Pub. L. 100–203, 101 

Stat. 1330–235 (42 U.S.C. 10151, 10152, 

10153, 10155, 10157, 10161, 10168); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

Energy Policy Act of 2005, Pub. L. 109–58, 

119 Stat. 549 (2005). 

Section 72.44(g) also issued under secs. 

142(b) and 148(c), (d), Pub. L. 100–203, 101 

Stat. 1330–232, 1330–236 (42 U.S.C. 

10162(b), 10168(c), (d)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 

(42 U.S.C. 10154). Section 72.96(d) also 

issued under sec. 145(g), Pub. L. 100–203, 

101 Stat. 1330–235 (42 U.S.C. 10165(g)). 

Subpart J also issued under secs. 2(2), 2(15), 

2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 

2202, 2203, 2204, 2222, 2244 (42 U.S.C. 

10101, 10137(a), 10161(h)). Subparts K and L 

are also issued under sec. 133, 98 Stat. 2230 

(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 

2252 (42 U.S.C. 10198). 

2. In § 72.214, Certificate of 

Compliance 1014 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate No.: 1014. 

Initial Certificate Effective Date: May 31, 

2000. 

Amendment Number 1 Effective Date: 

July 15, 2002. 

Amendment Number 2 Effective Date: 

June 7, 2005. 

Amendment Number 3 Effective Date: 

May 29, 2007. 

Amendment Number 4 Effective Date: 

January 8, 2008. 

Amendment Number 5 Effective Date: 

July 14, 2008. 

Amendment Number 6 Effective Date: 

August 17, 2009. 

Amendment Number 7 Effective Date: 

December 28, 2009. 

Amendment Number 8 Effective Date: 

May 2, 2012. 

SAR Submitted by: Holtec International. 

SAR Title: Final Safety Analysis Report 

for the HI–STORM 100 Cask System. 

Docket Number: 72–1014. 

Certificate Expiration Date: May 31, 

2020. 

Model Number: HI–STORM 100. 

* * * * * 

Dated at Rockville, Maryland, this 25th day 

of January 2012. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2012–3682 Filed 2–16–12; 8:45 am] 

BILLING CODE 7590–01–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1090 

[Docket No. CFPB–2012–0005] 

RIN 3170–AA00 

Defining Larger Participants in Certain 

Consumer Financial Product and 

Service Markets 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Proposed rule; request for 

public comment. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) is 

proposing a new regulation pursuant to 

mstockstill on DSK4VPTVN1PROD with PROPOSALS