[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Rules and Regulations]
[Pages 26219-26220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12468]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 2

RIN 3150-AF68


Informal Small Entity Guidance

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to add a provision that provides a method for small 
entities to contact the NRC for assistance in interpreting or complying 
with regulatory requirements. The final rule is necessary to comply 
with the Small Business Regulatory Enforcement Fairness Act. The final 
rule describes how the NRC will assist small entities that are licensed 
by the NRC.

EFFECTIVE DATE: May 13, 1997.

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Chief, Rules Review 
and Directives Branch, Office of Administration, Washington, DC 20555-
0001; telephone 301-415-7162; Web address http:[email protected]">//[email protected], or 
Michael T. Lesar, Chief, Rules Review Section, Rules Review and 
Directives Branch, Office of Administration, Washington, DC 20555-0001; 
telephone 301-415-7163; Web address http:[email protected]">//[email protected]. Small 
businesses can obtain information from the Commission's hotline 
telephone system by calling 1-800-368-5642.

SUPPLEMENTARY INFORMATION:

Background

    In March 1996, Congress enacted the Small Business Regulatory 
Enforcement Fairness Act (SBREFA), Public Law 104-121. Congress found 
this legislation necessary because ``small businesses bear a 
disproportionate share of regulatory costs and burden'' and 
``fundamental changes * * * are needed in the regulatory and 
enforcement culture of Federal agencies' to make them more responsive 
to small businesses (Sections 202 (2) and (3) of the Act).

Simplifying Compliance

    Subtitle A of SBREFA provides a number of initiatives that are 
intended to make it easier for small entities to understand and comply 
with agency regulations. In particular, the subtitle provides that, 
``Whenever appropriate in the interest of administering statutes and 
regulations within the jurisdiction of an agency, it shall be the 
practice of the agency to answer inquiries from small entities 
concerning information on and advice about compliance with such 
statutes and regulations.'' Agencies are expected to interpret and 
apply the law, or regulations implementing the law, to specific sets of 
facts that are supplied by the small entity. Furthermore, agencies are 
required to establish a program to receive and respond to these types 
of inquiries.

The NRC and Small Entities

    Since the Regulatory Flexibility Act was enacted in 1980, the NRC 
has considered the special needs of small businesses and has worked to 
address them. In 1983, the NRC surveyed its materials licensees to 
create an economic profile sufficient to consider regulatory 
alternatives tailored to the size of the licensee. After analyzing the 
data and consulting with the Small Business Administration (SBA), the 
NRC developed size standards to determine which of its licensees would 
qualify as small entities for the purposes of compliance with the 
Regulatory Flexibility Act (50 FR 50241; December 9, 1985).
    In 1993, the NRC completed a second survey to update the economic 
profile of its materials licensees. Subsequently, the NRC revised its 
size standards on April 11, 1995 (60 FR 18344). The revised size 
standards included separate standards for business concerns that are 
manufacturing entities, adjusted its receipts-based size standard to 
accommodate inflation, eliminated the separate $1 million size standard 
for private-practice physicians and applied the revised receipts-based 
size standard of $5 million to this class of licensees, and codified 
the size standards in Sec. 2.810 of 10 CFR. The NRC has considered the 
economic impact of its regulatory actions on small entities. In 
particular, the NRC used its size standards to tier the annual license 
fee imposed by the NRC's final rules implementing the Omnibus Budget 
Reconciliation Act of 1990 (56 FR 31472; July 10, 1991 and subsequent 
years), thereby reducing the impact of the fee rules on small entities.
    In this and other areas, the NRC has responded to the comments and 
suggestions it has received from small entities. The NRC intends to 
continue

[[Page 26220]]

and improve its responsiveness to the questions and concerns of small 
entities. This regulation establishes a means for small entities to 
contact the NRC to receive the type of informal compliance assistance 
contemplated by SBREFA.

Administrative Procedure Act Waiver

    Generally, the Administrative Procedure Act (APA) requires agencies 
to publish a notice of proposed rulemaking and provide opportunity for 
public comment before issuing a rule. 5 U.S.C. 553. However, these 
requirements do not apply when the agency finds that they are 
amendments dealing with agency practice and procedure. 5 U.S.C. 553 
(b)(3)(A). The Commission finds for good cause that notice of proposed 
rulemaking and public participation are unnecessary because the rule is 
a matter of agency practice; e.g., the establishment of a telephone 
number to facilitate interaction with the small entities licensed by 
the Commission.
    The rule shall be effective on May 13, 1997. The APA requires that 
a substantive rule be published at least 30 days before its effective 
date, unless the agency finds for good cause that such delay is not 
needed. 5 U.S.C. 553(d)(3). The Commission finds good cause for the 
rule issued below to become effective immediately because the 
amendments are of an administrative nature concerning a matter of 
agency conduct, the establishment of a telephone number to facilitate 
interaction with the small entities licensed by the Commission.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule contains no information collection requirements 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Environmental protection, Nuclear 
Materials, Nuclear power plants and reactors, Penalties, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

    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 Small Business Regulatory Enforcement 
Fairness Act; and 5 U.S.C. 552 and 553, the NRC is adopting the 
following amendment to 10 CFR Part 2.

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS

    1. The authority citation for Part 2 continues to read as follows:

    Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 
5841); 5 U.S.C. 552.

    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. 
L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, 
Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 
88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 
2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 
936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 
2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 
96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued 
under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 
Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); 
sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also 
issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 
U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. 
Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. 
Section 2.764 and Table 1A of Appendix C also issued under secs. 
135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 
10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as 
amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 
also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 
U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 
U.S.C. 2039). Subpart K 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). Subpart L also issued under sec. 189, 68 Stat. 955 (42 
U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 
84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issued under sec. 
10, Pub. L. 99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.).

    2. In Sec. 2.810, paragraph (f) is added to read as follows:


Sec. 2.810  NRC size standards.

* * * * *
    (f) Whenever appropriate in the interest of administering statutes 
and regulations within its jurisdiction, it is the practice of the NRC 
to answer inquiries from small entities concerning information on and 
advice about compliance with the statutes and regulations that affect 
them. To help small entities obtain information quickly, the NRC has 
established a toll-free telephone number at 1-800-368-5642.

    Dated at Rockville, Maryland, this 2nd day of May, 1997.

    For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 97-12468 Filed 5-12-97; 8:45 am]
BILLING CODE 7590-01-P