[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Proposed Rules]
[Pages 44988-44990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15554]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2 and 171
RIN 3150-AI15
NRC Size Standards; Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
the size standards it uses to qualify an NRC licensee as a small entity
under the Regulatory Flexibility Act and making the same change to its
annual fee rule. NRC proposes to increase the receipts-based small
business size standard from $5 million to $6.5 million to conform to
the standard set by the Small Business Administration (SBA). This size
standard reflects the most commonly used SBA size standard for the
nonmanufacturing industries. SBA adjusted this standard on January 23,
2002 (67 FR 3041) and on December 6, 2005 (70 FR 72577) to account for
inflation.
DATES: The direct final rule will become effective on October 24, 2007,
unless significant adverse comments on the amendment are received by
September 10, 2007. If the rule is withdrawn as a result of such
comments, timely notice of the withdrawal will be published in the
Federal Register. Comments received after September 10, 2007 will be
considered if it is practical to do so, but the NRC is able to ensure
only that comments received on or before this date will be considered.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AI15) in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available for public inspection. Because
your comments will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submission.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking Web site at http://ruleforum.llnl.gov. Address questions
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
[email protected].
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays.
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
examined and copied for a fee at the NRC's Public Document Room (PDR),
Public File Area O1F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland. Selected documents, including comments, can be
viewed and downloaded electronically via the NRC's rulemaking Web site
at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, the public can gain
entry into the NRC's Agencywide Documents Access and Management System
(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 Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737 or
by e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Michael Lesar, Chief, Rulemaking,
Directives and Editing Branch, Office of Administration, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
7163, e-mail [email protected].
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule published in the Rules and Regulations section of this
Federal Register.
Procedural Background
This rulemaking has the simple aim of updating NRC's size standards
to reflect those of the SBA. Because the NRC believes that this action
should not cause controversy, the NRC is using the direct final rule
process for this rule. The amendment in this rule will become effective
on October 24, 2007. However, if the NRC receives significant adverse
comments on this direct final rule by September 10, 2007, the NRC will
publish a document that withdraws this action. In that event, the
comments received in response to these amendments would then be
considered as comments on the companion proposed rule published
elsewhere in this Federal Register, and the comments will be addressed
in a later final rule based on that proposed rule. Unless the
modifications to the proposed rule are significant enough to require
that it be republished as a proposed rule, the NRC will not initiate a
second comment period on this action.
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-and-comment 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 staff to make a change (other than
editorial) to the rule.
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Byproduct material,
Classified information, Environmental protection, Nuclear materials,
Nuclear power plants and reactors, Penalties, Source material, Special
nuclear material, Waste treatment and disposal.
10 CFR Part 171
Annual charges, Byproduct material, Holders of certificates,
registrations, approvals, Intergovernmental relations,
[[Page 44989]]
Non-payment penalties, Nuclear materials, Nuclear power plants and
reactors, Source material, Special nuclear material.
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, and 5 U.S.C. 553, the NRC is proposing the
following amendments to 10 CFR parts 2 and 171.
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; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note).
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104,
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. 10143(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, 183i, 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). Section 2.205(j) also
issued under Pub. L. 101-410, 104 Stat. 90, as amended by section
3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note).
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 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). Subpart M also issued under sec. 184 (42 U.S.C. 2234)
and sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued
under sec. 6, Pub. L. 91-550, 84 Stat. 1473 (42 U.S.C. 2135).
2. In Sec. 2.810, paragraph (a)(1) is revised to read as follows:
Sec. 2.810 NRC Size Standards.
(a) * * *
(1) Concern that provides a service or a concern not engaged in
manufacturing with average gross receipts of $6.5 million or less over
its last 3 completed fiscal years; or
* * * * *
PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES
AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF
COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS
AND GOVERNMENT AGENCIES LICENSES BY THE NRC
3. The authority citation for part 171 continues to read as
follows:
Authority: Sec. 7601, Pub. L. 99-272, 100 Stat. 146, as amended
by sec. 5601, Pub. L. 100-203, 101 Stat. 1330 as amended by sec.
3201, Pub. L. 101-239, 103 Stat. 2132, as amended by sec. 6101, Pub.
L. 101-508, 104 Stat. 1388, as amended by sec. 2903a, Pub. L. 102-
486, 106 Stat. 3125 (42 U.S.C. 2213, 2214); and as amended by Title
IV, Pub. L. 109-103, 119 Stat. 2283 (42 U.S.C. 2214); sec. 301, Pub.
L. 92-314, 86 Stat. 227 (42 U.S.C. 2201w); sec. 201, Pub. L. 93-438,
88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat.
2750 (44 U.S.C. 3504 note).
Sec. 171.16 Annual fees: Materials licensees, holders of certificates
of compliance, holders of sealed source and device registrations,
holders of quality assurance program approvals, and Government agencies
licensed by the NRC.
4. In Sec. 171.16, paragraph (c) introductory text is revised to
read as follows:
* * * * *
(c) A licensee who is required to pay an annual fee under this
section may qualify as a small entity. If a licensee qualifies as a
small entity and provides the Commission with the proper certification
along with its annual fee payment, the licensee may pay reduced annual
fees as shown in the following table. Failure to file a small entity
certification in a timely manner could result in the denial of any
refund that might otherwise be due. The small entity fees are as
follows:
------------------------------------------------------------------------
Maximum
annual fee
per licensed
category
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Small Businesses Not Engaged in Manufacturing and Small
Not-For-Profit Organizations (Gross Annual Receipts):
$350,000 to $6.5 million............................ $2,300
Less than $350,000.................................. 500
Manufacturing entities that have an average of 500
employees or less:
35 to 500 employees................................. 2,300
Less than 35 employees.............................. 500
Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 50,000.................................... 2,300
Less than 20,000.................................... 500
Educational Institutions that are not State or Publicly
Supported, and have 500 Employees or Less:
35 to 500 employees................................. 2,300
Less than 35 employees.............................. 500
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[[Page 44990]]
* * * * *
Dated at Rockville, Maryland, this 27th day of July, 2007.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-15554 Filed 8-9-07; 8:45 am]
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