[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
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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.

-----------------------------------------------------------------------

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 If the rule is withdrawn as a result of such comments, 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.
---------------------------------------------------------------------------

    \1\ The NRC's letter to the Chief, Office of Size Standards, 
SBA, is in ADAMS under Accession No. ML120810390.
---------------------------------------------------------------------------

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

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

* * * * *

    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]
BILLING CODE 7590-01-P