[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39385-39387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16252]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Rules
and Regulations
[[Page 39385]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2 and 171
[NRC-2012-0062]
RIN 3150-AJ14
Receipts-Based, Small Business Size Standard
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is amending the size standard that it uses to qualify an NRC licensee
as a ``small entity'' under the Regulatory Flexibility Act of 1980, as
amended. The NRC is increasing its receipts-based, small business size
standard from $6.5 million to $7 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 nonmanufacturing
industries. The SBA adjusted this standard on July 18, 2008 (73 FR
41237), to account for inflation.
DATES: The direct final rule will become effective on August 22, 2012,
unless significant adverse comments on the amendment are received by
August 2, 2012. If the rule is withdrawn as a result of such comments,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 August 2, 2012 will be considered if
it is practical to do so, but the NRC is able to ensure consideration
only for comments received on or before this date.
ADDRESSES: Please refer to Docket ID NRC-2012-0062 when contacting the
NRC about the availability of information for this final rule. You may
access information and comment submittals related to this final
rulemaking, which the NRC possesses and are publicly available, by any
of the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0062.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at http://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 [email protected]. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Theresa Barczy, Regulations
Specialist, Rules, Announcements, and Directives Branch, Division of
Administrative Services, Office of Administration, telephone: 301-492-
3666, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Procedural Background
II. Discussion
III. Section-by-Section Analysis
IV. Voluntary Consensus Standards
V. Environmental Impact: Categorical Exclusion
VI. Paperwork Reduction Act Statement
VII. Regulatory Analysis
VIII. Regulatory Flexibility Certification
IX. Backfit Analysis
X. Congressional Review Act
XI. Plain Writing
I. Procedural Background
The NRC is using the direct final rule procedure because it
considers this action noncontroversial and routine. This direct final
rule is updating the NRC's size standard to reflect that of the SBA.
The amendments in this rule will become effective on August 22, 2012,
unless significant adverse comments are received by August 2, 2012. 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. If the rule is withdrawn, timely notice will be
published in the Federal Register.
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.
II. Discussion
The NRC established its size standards on December 9, 1985 (50 FR
50241). On November 6, 1991 (56 FR 56671), the NRC conformed its format
for size standards to mirror the definitions of small entities in the
Regulatory Flexibility Act of 1980, as amended. On April 11, 1995 (60
FR 18344), the NRC again adjusted its receipts-based, small business
size standard in a final rule published in the Federal Register. In a
direct final rule published in the Federal Register on August 10, 2007
(72 FR 44951), the NRC adjusted its receipts-based small business size
standard in order to conform to the SBA size standard for
nonmanufacturing industries.
The NRC is amending Title 10 of the Code of Federal Regulations (10
CFR) part 2, ``Rules of Practice for Domestic Licensing Proceedings and
Issuance of Orders,'' and 10 CFR part 171, ``Annual Fees for Reactor
Licenses and Fuel Cycle License and Materials Licenses,
[[Page 39386]]
Including Holders of Certificates of Compliance, Registrations, and
Quality Assurance Program Approvals and Government Agencies Licensed by
the NRC,'' to reflect its receipts-based, small business size standard
increasing from $6.5 million to $7.0 million. This adjustment is to
conform to the SBA receipts-based, small business size standard, the
most commonly used SBA standard for the non-manufacturing industries.
The SBA adjusted this standard for inflation on January 23, 2002 (67 FR
3041), on December 6, 2005 (70 FR 72577), and again on July 18, 2008
(73 FR 41237). The NRC is not revising any of its other size standards
at this time. The NRC informed the Chief, Office of Size Standards,
SBA, of these amendments.\1\ This rule change will result in reduced
annual fees being imposed on licensees under the Fiscal Year 2012 fee
rule for those licensees with receipts between $6.5 million and $7.0
million.
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\1\ The NRC's letter to the Chief, Office of Size Standards,
SBA, is in ADAMS under Accession No. ML120810390.
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III. Section-by-Section Analysis
Sections 2.810(a)(1) and (b)
Section 2.810 establishes the size standards for determining
whether a licensee qualifies as a small entity in the NRC's regulatory
programs. The NRC is increasing its receipts-based, small business size
standard from $6.5 million to $7.0 million. Therefore, paragraphs
(a)(1) and (b) are amended by revising ``$6.5'' to read ``$7.0.''
Section 171.16(c)
Section 171.16 establishes the annual fees that will be paid by the
following: 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. The NRC is increasing its receipts-based, small business size
standard from $6.5 million to $7.0 million. Therefore, the chart within
the introductory text of paragraph (c) is amended by revising ``$6.5''
to read ``7.0.''
IV. 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 a standard is inconsistent with
applicable law or otherwise impractical. This direct final rule is
updating the NRC's receipts-based, small business size standard to
reflect that of the SBA. This action is administrative in nature and
does not involve the establishment or application of a technical
standard containing generally applicable requirements.
V. 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)(2).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this direct final rule.
VI. Paperwork Reduction Act Statement
This direct final rule does not contain any 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.).
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget (OMB) control number.
VII. Regulatory Analysis
A regulatory analysis has not been prepared for this direct final
rule. This direct final rule amends the criteria that the NRC uses to
determine which of its licensees qualify as small entities for the
purpose of compliance with the Regulatory Flexibility Act of 1980, as
amended. The amended size standard conforms to the SBA's revised
standard and is expected to result in an increase in the number of NRC
licensees that qualify as small entities for annual fee assessments and
other purposes. These amendments are administrative in nature and will
neither impose new safety requirements nor relax existing ones and
therefore do not call for the sort of safety/cost analysis described in
the NRC's regulatory analysis guidelines in NUREG/BR-0058, Revision 4,
``Regulatory Analysis Guidelines of the US NRC,'' September 2004 (ADAMS
Accession No. ML042820192).
VIII. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
Commission certifies that this direct final rule amending 10 CFR parts
2 and 171 does not have a significant economic impact on a substantial
number of small entities. The direct final rule is administrative in
that it amends the criteria that the NRC uses to determine which of its
licensees qualify as small entities for the purposes of compliance with
the Regulatory Flexibility Act of 1980, as amended. The amended size
standard conforms to the SBA's revised standard and is expected to
result in an increase in the number of NRC licensees that qualify as
small entities.
IX. Backfit Analysis
The NRC has determined that the backfit rule does not apply to this
direct final rule and that a backfit analysis is not required, because
these amendments do not include any provisions that would impose
backfits as defined in 10 CFR 50.109(a)(1).
X. Congressional Review Act
In accordance with the Congressional Review Act of 1996, 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.
XI. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
List of Subjects
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.
10 CFR Part 171
Annual charges, Byproduct material, Holders of certificates,
registrations, approvals, Intergovernmental relations, Nonpayment
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. 552 and 553, the NRC is adopting
the following amendments to 10 CFR parts 2 and 171.
[[Page 39387]]
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
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1. The authority citation for part 2 is revised to read as follows:
Authority: Atomic Energy Act secs.161, 181, 191 (42 U.S.C.
2201, 2231, 2241); Energy Reorganization Act sec. 201 (42 U.S.C.
5841); FOIA 5 U.S.C. 552; Government Paperwork Elimination Act sec.
1704 (44 U.S.C. 3504 note).
Section 2.101 also issued under Atomic Energy Act secs. 53, 62,
63, 81, 103, 104 (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134,
2135); Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10143(f));
National Environmental Protection Act sec. 102 (42 U.S.C. 4332);
Energy Reorganization Act sec. 301 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.321 also issued under
Atomic Energy Act secs. 102, 103, 104, 105, 183i, 189 (42 U.S.C.
2132, 2133, 2134, 2135, 2233, 2239). Sections 2.200-2.206 also
issued under Atomic Energy Act secs. 161, 186, 234 (42 U.S.C. 2201
(b), (i), (o), 2236, 2282); sec. 206 (42 U.S.C. 5846). Section
2.205(j) also issued under Pub. L. 101-410, as amended by section
3100(s), Pub. L. 104-134 (28 U.S.C. 2461 note). Subpart C also
issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239). Section
2.301 also issued under 5 U.S.C. 554. Sections 2.343, 2.346, 2.712
also issued under 5 U.S.C. 557. Section 2.340 also issued under
Nuclear Waste Policy Act secs. 135, 141, Pub. L. 97-425, 96 Stat.
2232, 2241 (42 U.S.C. 10155, 10161). Section 2.390 also issued under
5 U.S.C. 552. Sections 2.600-2.606 also issued under sec. 102 (42
U.S.C. 4332). 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; AEA sec. 29 (42
U.S.C. 2039). Subpart K also issued under Atomic Energy Act sec. 189
(42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C.
10154). Subpart L also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239). Subpart M also issued under Atomic Energy Act sec.
184, 189 (42 U.S.C. 2234, 2239). Subpart N also issued under Atomic
Energy Act sec. 189 (42 U.S.C. 2239).
Sec. 2.810 [Amended]
0
2. In Sec. 2.810, paragraphs (a)(1) and (b) are amended by removing
``$6.5'' and adding in its place ``$7.0''.
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 is revised to read as follows:
Authority: Consolidated Omnibus Budget Reconciliation Act sec.
6101 Pub. L. 99-272, as amended by sec. 5601, Pub. L. 100-203, as
amended by sec. 3201, Pub. L. 101-239, as amended by sec. 6101, Pub.
L. 101-508, as amended by sec. 2903a, Pub. L. 102-486 (42 U.S.C.
2213, 2214), and as amended by Title IV, Pub. L. 109-103 (42 U.S.C.
2214);
Atomic Energy Act secs. 161(w), 223, 234 (42 U.S.C. 2201(w),
2273, 2282); Energy Reorganization Act sec. 201 (42 U.S.C. 5841);
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504
note); Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58 (42
U.S.C. 2014, 2021, 2021b, 2111).
0
4. In Sec. 171.16, paragraph (c) is revised to read as follows:
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.
* * * * *
(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, then the licensee may pay a reduced
annual fee as shown in the following table. Failure to file small
entity certification in a timely manner could result in the receipt of
a delinquent invoice requesting the outstanding balance due and/or
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 (Average
gross receipts over last 3 completed fiscal years):
$450,000 to $7.0 million.......................... $2,300
Less than $450,000................................ 500
Small not-for-profit organizations (Annual gross
receipts):
$450,000 to $7.0 million.......................... 2,300
Less than $450,000................................ 500
Manufacturing entities that have an average of 500
employees or fewer:
35 to 500 employees............................... 2,300
Fewer than 35 employees........................... 500
Small governmental jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 50,000.................................. 2,300
Fewer than 20,000................................. 500
Educational institutions that are not State or
publicly supported, and have 500 employees or fewer:
35 to 500 employees............................... 2,300
Fewer than 35 employees........................... 500
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* * * * *
Dated at Rockville, Maryland, this 20th day of June, 2012.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2012-16252 Filed 7-2-12; 8:45 am]
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