[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Proposed Rules]
[Pages 39442-39444]
From the Federal Register Online via the Government Printing 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: Carol.Gallagher@nrc.gov.
     Email comments to: Rulemaking.Comments@nrc.gov. 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: Theresa.Barczy@nrc.gov.

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 pdr.resource@nrc.gov. 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:

------------------------------------------------------------------------
                                                          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:

[[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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