[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Proposed Rules]
[Pages 39442-39444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16258]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 /
Proposed Rules
[[Page 39442]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2 and 171
RIN 3150-AJ14
[NRC-2012-0062]
Receipts-Based, Small Business Size Standard
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is proposing to amend 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 proposing to increase 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: Submit comments by August 2, 2012. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may access information and comment submissions related
to this proposed rule, which the NRC possesses and are publicly
available, by searching on http://www.regulations.gov under Docket ID
NRC-2012-0062. You may submit comments related to this proposed rule by
any of the following methods:
Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0062. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Theresa Barczy, Regulations
Specialist, Rules, Announcements, and Directives Branch, Division of
Administrative Services, Office of Administration, telephone: 301-492-
3667, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0062 when contacting the NRC
about the availability of information for this proposed rule. You may
access information related to this proposed rule, 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.
B. Submitting Comments
Please include Docket ID NRC-2012-0062 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in comment
submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS, and the NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Procedural Background
Because the NRC considers this action noncontroversial and routine,
the NRC is publishing this proposed rule concurrently as a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. The amendments, which are administrative in nature, include
updating the receipts-based, small business size standard from $6.5
million to $7.0 million. Adequate protection of public health and
safety continues to be ensured. The direct final rule will become
effective on August 22, 2012. However, if the NRC receives significant
adverse comments on the direct final rule by August 2, 2012, then the
NRC will publish a document that withdraws the direct final rule. If
the direct final rule is withdrawn, the NRC will address the comments
received in response to the proposed revisions in a subsequent final
rule. Absent significant modifications to the proposed revisions
[[Page 39443]]
requiring republication, the NRC will not initiate a second comment
period on this action in the event the direct final rule is withdrawn.
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 NRC staff to make a change (other than
editorial) to the rule.
For additional procedural information, see the direct final rule
published in the Rules and Regulations section of this issue of the
Federal Register.
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 forth 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 to
adopt 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 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]
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
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).
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 a pay 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:
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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:
[[Page 39444]]
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. 2012-16258 Filed 7-2-12; 8:45 am]
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