[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Rules and Regulations]
[Pages 44951-44954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15555]


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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: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending the size 
standards it uses to qualify an NRC licensee as a small entity under 
the Regulatory Flexibility Act and making

[[Page 44952]]

the same change to its annual fee rule. NRC is increasing 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 If the rule is withdrawn as a result of such 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 to the public in their entirety 
on the NRC rulemaking Web site. Personal information, such as name, 
address, phone, e-mail address, etc. will not be removed from 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: 

Background

    The NRC established its size standards on December 9, 1985 (50 FR 
50241). On November 6, 1991 (56 FR 56671), NRC conformed its format for 
size standards to mirror the definitions of small entities in the 
Regulatory Flexibility Act. NRC last adjusted its receipts-based size 
standard levels in a final rule published in the Federal Register on 
April 11, 1995 (60 FR 18344).
    The NRC is increasing its receipts-based small business size 
standard from $5.0 million to $6.5 million. This adjustment is to 
conform to the SBA receipts-based business size standard, the most 
commonly used SBA size standard for the nonmanufacturing industries. 
SBA adjusted this standard for inflation on January 23, 2002 (67 FR 
3041) and again on December 6, 2005 (70 FR 72577). The NRC is not 
revising any of its other size standards at this time. The NRC has 
coordinated these size standards with the Assistant Director for Size 
Standards, SBA. This rule change will result in reduced annual fees 
being imposed on licensees under the FY 2007 fee rule for those 
licensees with receipts between $5.0 million and $6.5 million.

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, shortly after the August 6, 2007 effective date of 
NRC's final license, inspection, and annual fee rule for FY 2007 (72 FR 
31401; 6/6/2007). 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.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless using such a standard is inconsistent with 
applicable law or otherwise impractical. In this direct final rule, the 
NRC is modifying its size standards. This action does not constitute 
the establishment of a standard for which the use of a voluntary 
consensus standard would be applicable.

[[Page 44953]]

Plain Language

    The Presidential Memorandum, ``Plain Language in Government 
Writing,'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear and accessible language. The NRC 
requests comments on this direct final rule specifically with respect 
to the clarity and effectiveness of the language used. Comments should 
be sent to the address listed under the heading ADDRESSES above.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this direct 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 the regulation.

Paperwork Reduction Act Statement

    This direct final rule does not contain new or amended information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    A regulatory analysis has not been prepared for this final rule 
because the final rule is administrative in that it amends the criteria 
the NRC uses for determining which of its licensees qualify as small 
entities for the purposes of compliance with the Regulatory Flexibility 
Act. The amended size standards conform to SBA's revised standards and 
are expected to result in an increase in the number of NRC licensees 
that qualify as small entities for annual fee assessments and other 
purposes.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this direct final rule will not 
have a significant economic impact on a substantial number of small 
entities. The rule is administrative in that it amends the criteria the 
NRC uses in determining which of its licensees qualify as small 
entities for the purposes of compliance with the Regulatory Flexibility 
Act. The amended size standards conform to SBA's revised standards and 
are expected to result in an increase in the number of NRC licensees 
that qualify as small entities.

Backfit Analysis

    The NRC has determined that a backfit analysis is not required for 
this direct final rule because these amendments do not include any 
provisions that would impose backfits as defined in 10 CFR 
50.109(a)(1).

Congressional Review Act

    In accordance with the Congressional Review Act, the NRC has 
determined that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs of 
OMB.

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, Non-payment 
penalties, Nuclear materials, Nuclear power plants and reactors, Source 
material, Special nuclear material.

0
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. 552 and 553, the NRC is adopting the 
following amendments to 10 CFR parts 2 and 171.

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

0
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).


0
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 LICENSED BY THE NRC

0
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).

[[Page 44954]]

Sec.  171.16  [Amended]

0
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------

* * * * *

    Dated at Rockville, Maryland, this 27th day of July, 2007.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
 [FR Doc. E7-15555 Filed 8-9-07; 8:45 am]
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