NRC Size Standards; Revision, 44988-44990 [E7-15554]
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44988
Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Proposed Rules
whether continuance is favored by
producers. The Secretary would
consider termination of this part if less
than two-thirds of the growers voting in
the referendum and growers of less than
two-thirds of the volume of onions
represented in the referendum favor
continuance.
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[FR Doc. E7–15391 Filed 8–9–07; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 2 and 171
RIN 3150–AI15
NRC Size Standards; Revision
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is proposing to
amend the size standards it uses to
qualify an NRC licensee as a small
entity under the Regulatory Flexibility
Act and making the same change to its
annual fee rule. NRC proposes to
increase 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 If the rule is withdrawn as a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
for public inspection. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
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personal information such as social
security numbers and birth dates in
your submission.
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov. 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 https://ruleforum.llnl.gov.
Address questions about our rulemaking
Web site to Carol Gallagher (301) 415–
5905; e-mail CAG@nrc.gov.
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 https://
ruleforum.llnl.gov.
Publicly available documents created
or received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://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 PDR@nrc.gov.
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
mtl@nrc.gov.
SUPPLEMENTARY INFORMATION: For
additional information see the direct
final rule published in the Rules and
Regulations section of this Federal
Register.
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.
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-andcomment 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.
Procedural Background
10 CFR Part 171
This rulemaking has the simple aim of
updating NRC’s size standards to reflect
those of the SBA. Because the NRC
Annual charges, Byproduct material,
Holders of certificates, registrations,
approvals, Intergovernmental relations,
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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.
E:\FR\FM\10AUP1.SGM
10AUP1
Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Proposed Rules
Non-payment 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. 553, the NRC
is proposing 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
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).
2. In § 2.810, paragraph (a)(1) is
revised to read as follows:
§ 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
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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
LICENSES BY THE NRC
44989
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).
§ 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.
4. In § 171.16, paragraph (c)
introductory text is revised to read as
follows:
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(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:
3. The authority citation for part 171
continues to read as follows:
Maximum
annual fee
per licensed
category
yshivers on PROD1PC62 with PROPOSALS
Small Businesses Not Engaged in Manufacturing and Small Not-For-Profit Organizations (Gross Annual Receipts):
$350,000 to $6.5 million ...............................................................................................................................................................
Less than $350,000 ......................................................................................................................................................................
Manufacturing entities that have an average of 500 employees or less:
35 to 500 employees ....................................................................................................................................................................
Less than 35 employees ..............................................................................................................................................................
Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population):
20,000 to 50,000 ..........................................................................................................................................................................
Less than 20,000 ..........................................................................................................................................................................
Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Less:
35 to 500 employees ....................................................................................................................................................................
Less than 35 employees ..............................................................................................................................................................
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$2,300
500
2,300
500
2,300
500
2,300
500
44990
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Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Proposed Rules
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Dated at Rockville, Maryland, this 27th day
of July, 2007.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7–15554 Filed 8–9–07; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
10 CFR Part 431
[Docket No. EERE–2007–BT–STD–0007]
RIN 1904–AB70
Energy Efficiency Program for Certain
Commercial and Industrial Equipment:
Public Meeting and Availability of the
Framework Document for Small
Electric Motors
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of the Framework
Document.
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: The Department of Energy
(DOE or Department) is initiating the
rulemaking process to adopt new energy
conservation standards for small electric
motors. Accordingly, the Department
will hold an informal public meeting to
discuss and receive comments on issues
it will address in this rulemaking
proceeding. The Department also
encourages written comments on these
subjects. To inform stakeholders and
facilitate this process, DOE has prepared
a Framework Document, which is
available at: https://www.eere.
energy.gov/buildings/appliance_
standards/.
DATES: The Department will hold a
public meeting on Thursday, September
13, 2007 from 9 a.m. to 5 p.m. at DOE
headquarters in Washington, DC. Any
person requesting to speak at the public
meeting should submit such request
along with a signed original and an
electronic copy of statements to be given
at the meeting before 4 p.m., Thursday,
August 30, 2007. Written comments are
welcome, especially following the
public meeting, and should be
submitted by Friday, September 28,
2007.
The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 1E–245, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. (Please
ADDRESSES:
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13:40 Aug 09, 2007
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note that foreign nationals participating
in the public meeting are subject to
advance security screening procedures.
If a foreign national wishes to
participate in the workshop, please
inform DOE of this fact as soon as
possible by contacting Ms. Brenda
Edwards-Jones at (202) 586–2945, so
that the necessary procedures can be
completed.)
Stakeholders may submit comments,
identified by docket number EERE–
2007–BT–STD–0007 and/or Regulatory
Identifier Number (RIN) 1904–AB70, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: small_electric_motors_
std.rulemaking@ee.doe.gov. Include
docket number EERE–2007–BT–STD–
0007 and/or RIN 1904–AB70 in the
subject line of the message.
• Mail: Ms. Brenda Edwards-Jones,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Framework Document for Small Electric
Motors, docket number EERE–2007–BT–
STD–0007 and/or RIN 1904–AB70, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
submit one signed paper original.
• Hand Delivery/Courier: Ms. Brenda
Edwards-Jones, U.S. Department of
Energy, Building Technologies Program,
Room 1J–018, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Telephone: (202) 586–2945.
Please submit one signed paper original.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking.
Docket: For access to the docket to
read background documents, a copy of
the transcript of the public meeting, or
comments received, go to the U.S.
Department of Energy, Forrestal
Building, Room 1J–018 (Resource Room
of the Building Technologies Program),
1000 Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
9127, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays. Please call Ms. Brenda
Edwards-Jones at the above telephone
number for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT:
Antonio M. Bouza, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
586–4563. E-mail:
Antonio.Bouza@ee.doe.gov; Francine
Pinto, Esq., or Eric Stas, Esq., U.S.
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Department of Energy, Office of the
General Counsel, GC–72, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
9507. E-mail:
Francine.Pinto@hq.doe.gov or
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION: The
Energy Policy and Conservation Act
(EPCA) of 1975 (42 U.S.C. 6291–6309)
established an energy conservation
program for major household
appliances. The National Energy
Conservation Policy Act of 1978
(NECPA) amended EPCA to add Part C
of Title III (42 U.S.C. 6311–6317), which
established an energy conservation
program for certain industrial
equipment. The Energy Policy Act of
1992 (EPACT), Public Law 102–486,
also amended EPCA, and included
amendments that expanded Title III to
include certain types of commercial
equipment, including small electric
motors. Specifically, EPACT amended
section 346 of EPCA (42 U.S.C. 6317) to
provide that the Secretary of Energy
prescribe testing requirements and
energy conservation standards for those
small electric motors for which the
Secretary determines that standards
‘‘would be technologically feasible and
economically justified, and would result
in significant energy savings.’’ (42
U.S.C. 6317(b)(1))
On July 10, 2006, the Secretary of
Energy made a positive determination
with respect to testing requirements and
energy conservation standards for small
electric motors. 71 FR 38799. As a result
of DOE’s determination analysis, the
Secretary determined preliminarily that
standards for small electric motors
would be ‘‘technologically feasible and
economically justified, and would result
in significant energy savings.’’ DOE will
determine whether and at what level to
promulgate energy conservation
standards for small electric motors
based on in-depth consideration, with
public participation, of the technical
feasibility, economic justification, and
energy savings of potential standards
levels in the context of prescribing new
or amended standards pursuant to
section 325(o) and (p) of EPCA (42
U.S.C. 6295(o), (p)).
To begin the required rulemaking
process, the Department prepared a
Framework Document to present the
issues and explain the analyses and
process it anticipates using to set energy
conservation standards for small electric
motors. The focus of the public meeting
will be to discuss the analyses and
issues identified in various sections of
the Framework Document. During the
Department’s presentation to
E:\FR\FM\10AUP1.SGM
10AUP1
]]>Agencies
[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Proposed Rules]
[Pages 44988-44990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15554]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2 and 171
RIN 3150-AI15
NRC Size Standards; Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
the size standards it uses to qualify an NRC licensee as a small entity
under the Regulatory Flexibility Act and making the same change to its
annual fee rule. NRC proposes to increase 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 for public inspection. Because
your comments will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submission.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov. 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 https://ruleforum.llnl.gov. Address questions
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
CAG@nrc.gov.
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 https://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 PDR@nrc.gov.
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 mtl@nrc.gov.
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule published in the Rules and Regulations section of this
Federal Register.
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. 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.
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,
[[Page 44989]]
Non-payment 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. 553, the NRC is proposing 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 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).
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 LICENSES BY THE NRC
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).
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.
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
------------------------------------------------------------------------
[[Page 44990]]
* * * * *
Dated at Rockville, Maryland, this 27th day of July, 2007.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-15554 Filed 8-9-07; 8:45 am]
BILLING CODE 7590-01-P
