NRC Size Standards; Revision, 44951-44954 [E7-15555]
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44951
Rules and Regulations
Federal Register
Vol. 72, No. 154
Friday, August 10, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2006–0170]
Witchweed Quarantine Regulations;
Regulated Areas in North Carolina and
South Carolina
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are adopting as a final
rule, with one change, an interim rule
that amended the witchweed
regulations by adding or removing areas
in North Carolina and South Carolina
from the list of regulated areas. Based on
information provided by the State of
South Carolina, this final rule removes
one farm from the list of suppressive
areas that appeared in the interim rule.
This action is necessary to remove
restrictions that are no longer necessary
on the interstate movement of regulated
articles from areas where witchweed has
been eradicated.
DATES: Effective Date: August 10, 2007.
FOR FURTHER INFORMATION CONTACT: Dr.
Alan V. Tasker, Noxious Weeds Program
Manager, Invasive Species and Pest
Management, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737–
1231; (301) 734–5708.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
Witchweed (Striga spp.) is a parasitic
plant that attacks some of the most
important crops in the United States
(corn, sorghum, sugar cane, and rice),
feeding off the roots of its host and
causing degeneration. Within the United
States, witchweed is only found in parts
of North Carolina and South Carolina.
The witchweed quarantine and
regulations, contained in 7 CFR 301.80
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through 301.80–10 (referred to below as
the regulations), quarantine affected
areas within the States of North Carolina
and South Carolina and restrict the
interstate movement of certain articles
from regulated areas in those States for
the purpose of preventing the spread of
witchweed.
In an interim rule 1 effective February
15, 2007, and published in the Federal
Register on February 22, 2007 (72 FR
7923–7926, Docket No. APHIS–2006–
0170), we amended the list of regulated
areas in § 301.80–2a by removing areas
in Cumberland, Pender, Robeson, and
Sampson Counties, NC, and Horry and
Marion Counties, SC, from the list of
suppressive areas. In addition to
removing these areas from the list of
regulated areas in § 301.80–2a, we also
added several areas to the list and
revised the descriptions of several areas
on the list.
We solicited comments on the interim
rule for 60 days ending on April 23,
2007. We did not receive any comments.
However, subsequent to the publication
of the interim rule, agricultural officials
with the State of South Carolina
informed us that one farm in Marion
County, SC, where witchweed had been
eradicated was erroneously listed in the
interim rule as a suppressive area.
Therefore, in this final rule, we are
removing that farm from the list of
regulated areas.
Therefore, for the reasons given in the
interim rule and this document, we are
adopting the interim rule as a final rule,
with the change discussed in this
document.
This final rule also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Effective Date
Pursuant to the administrative
procedure provisions in 5 U.S.C. 553,
we find good cause for making this rule
effective less than 30 days after
publication in the Federal Register. The
interim rule adopted as final by this rule
became effective on February 15, 2007.
This rule amends the description of the
regulated areas to remove a farm where
witchweed has been eradicated.
1 To view the interim rule, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0170.
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Immediate action is warranted to relieve
restrictions on the interstate movement
of regulated articles from that farm.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
I Accordingly, the interim rule
amending 7 CFR part 301 that was
published at 72 FR 7923–7926 on
February 22, 2007, is adopted as a final
rule with the following change:
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
continues to read as follows:
I
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75–15 issued under Sec. 204,
Title II, Public Law 106–113, 113 Stat.
1501A–293; sections 301.75–15 and 301.75–
16 issued under Sec. 203, Title II, Public Law
106–224, 114 Stat. 400 (7 U.S.C. 1421 note).
§ 301.80–2a
[Amended]
2. In § 301.80–2a, under the heading
‘‘South Carolina’’, the list of suppressive
areas is amended by removing, under
Marion County, the entry ‘‘The Porter,
Hubert, farm located on the south side
of an unpaved road known as Bubba
Road, 1.3 miles south from its
intersection with State Highway 76.’’
I
Done in Washington, DC, this 6th day of
August 2007.
Cindy Smith,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–15711 Filed 8–9–07; 8:45 am]
BILLING CODE 3410–34–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 2 and 171
RIN 3150–AI15
NRC Size Standards; Revision
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending the size
standards it uses to qualify an NRC
licensee as a small entity under the
Regulatory Flexibility Act and making
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44952
Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Rules and Regulations
the same change to its annual fee rule.
NRC is increasing 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
to the public in their entirety on the
NRC rulemaking Web site. Personal
information, such as name, address,
phone, e-mail address, etc. will not be
removed from 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
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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:
Background
The NRC established its size
standards on December 9, 1985 (50 FR
50241). On November 6, 1991 (56 FR
56671), NRC conformed its format for
size standards to mirror the definitions
of small entities in the Regulatory
Flexibility Act. NRC last adjusted its
receipts-based size standard levels in a
final rule published in the Federal
Register on April 11, 1995 (60 FR
18344).
The NRC is increasing its receiptsbased small business size standard from
$5.0 million to $6.5 million. This
adjustment is to conform to the SBA
receipts-based business size standard,
the most commonly used SBA size
standard for the nonmanufacturing
industries. SBA adjusted this standard
for inflation on January 23, 2002 (67 FR
3041) and again on December 6, 2005
(70 FR 72577). The NRC is not revising
any of its other size standards at this
time. The NRC has coordinated these
size standards with the Assistant
Director for Size Standards, SBA. This
rule change will result in reduced
annual fees being imposed on licensees
under the FY 2007 fee rule for those
licensees with receipts between $5.0
million and $6.5 million.
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
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become effective on October 24, 2007,
shortly after the August 6, 2007 effective
date of NRC’s final license, inspection,
and annual fee rule for FY 2007 (72 FR
31401; 6/6/2007). 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.
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 such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC is modifying its size standards.
This action does not constitute the
establishment of a standard for which
the use of a voluntary consensus
standard would be applicable.
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Plain Language
The Presidential Memorandum,
‘‘Plain Language in Government
Writing,’’ published June 10, 1998 (63
FR 31883), directed that the
Government’s documents be in clear
and accessible language. The NRC
requests comments on this direct final
rule specifically with respect to the
clarity and effectiveness of the language
used. Comments should be sent to the
address listed under the heading
ADDRESSES above.
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)(1). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for the regulation.
Paperwork Reduction Act Statement
This direct final rule does not contain
new or amended information collection
requirements subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Public Protection Notification
If a means used to impose an
information collection does not display
a currently valid OMB control number,
the NRC may not conduct or sponsor,
and a person is not required to respond
to, the information collection.
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Regulatory Analysis
A regulatory analysis has not been
prepared for this final rule because the
final rule is administrative in that it
amends the criteria the NRC uses for
determining which of its licensees
qualify as small entities for the purposes
of compliance with the Regulatory
Flexibility Act. The amended size
standards conform to SBA’s revised
standards and are expected to result in
an increase in the number of NRC
licensees that qualify as small entities
for annual fee assessments and other
purposes.
Regulatory Flexibility Certification
As required by the Regulatory
Flexibility Act of 1980 (5 U.S.C. 605(b)),
the Commission certifies that this direct
final rule will not have a significant
economic impact on a substantial
number of small entities. The rule is
administrative in that it amends the
criteria the NRC uses in determining
which of its licensees qualify as small
entities for the purposes of compliance
with the Regulatory Flexibility Act. The
amended size standards conform to
SBA’s revised standards and are
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expected to result in an increase in the
number of NRC licensees that qualify as
small entities.
Backfit Analysis
The NRC has determined that a
backfit analysis is not required for this
direct final rule because these
amendments do not include any
provisions that would impose backfits
as defined in 10 CFR 50.109(a)(1).
Congressional Review Act
In accordance with the Congressional
Review Act, 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.
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,
Non-payment penalties, Nuclear
materials, Nuclear power plants and
reactors, Source material, Special
nuclear material.
I 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.
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:
I
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,
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44953
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:
I
§ 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
LICENSED BY THE NRC
3. The authority citation for part 171
continues to read as follows:
I
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).
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§ 171.16
Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Rules and Regulations
[Amended]
(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
4. In § 171.16, paragraph (c)
introductory text is revised to read as
follows:
*
*
*
*
*
I
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 .......................................................................................................................................................
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 ......................................................................................................................................................
*
*
*
*
*
Dated at Rockville, Maryland, this 27th day
of July, 2007.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7–15555 Filed 8–9–07; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2007–28771; Airspace
Docket No. 07–ACE–8]
Modification of Class E Airspace; Fort
Scott, KS
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; request for
comments.
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AGENCY:
SUMMARY: This action amends Title 14
Code of Federal Regulations, part 71 (14
CFR 71) by modifying Class E airspace
at Fort Scott Municipal Airport, KS.
Standard Instrument Approach
Procedures have been developed for
Fort Scott Municipal Airport, KS.
Additional controlled airspace
extending upward from the surface and
upward from 700 feet above the surface
of the earth is needed to contain aircraft
executing these approaches. This action
increases the area of the existing
controlled airspace for Fort Scott
Municipal Airport, KS.
DATES: This direct final rule is effective
on 0901 UTC, December 20, 2007. The
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director of the Federal Register approves
this incorporation by reference action
under 1 CFR part 51, subject to the
annual revision of FAA Order 7400.9
and publication of conforming
amendments. Comments for inclusion
in the Rules Docket must be received on
or before October 1, 2007.
ADDRESSES: Send comments on this
proposal to the Docket Management
System, U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. You must
identify the docket number FAA–2007–
28771/Airspace Docket No. 07–ACE–8
at the beginning of your comments. You
may also submit comments on the
Internet at https://dms.dot.gov. You may
review the public docket containing the
proposal, any comments received, and
any final disposition in person in the
Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket Office
(telephone 1–800–647–5527) is on the
plaza level of the Department of
Transportation NASSIF building at the
above address.
FOR FURTHER INFORMATION CONTACT:
Grant Nichols, System Support, DOT
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO, 64106; at telephone
number (816) 329–2522.
SUPPLEMENTARY INFORMATION: This
amendment to 14 CFR 71 modifies the
Class E airspace area at Fort Scott
Municipal Airport, KS. The radius of
the Class E airspace area extending
upward from 700 feet or more above the
surface of the earth is expanded from
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$2,300
500
2,300
500
2,300
500
2,300
500
within a 6.4-mile radius to within a 7mile radius of the airport. This
modification brings the legal description
of the Fort Scott Municipal Airport, KS
Class E5 airspace area into compliance
with FAA Orders 7400.2F and
8260.19C. Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth are
published in Paragraph 6005 of FAA
Order 7400.9P, Airspace Designations
and Reporting Points, dated September
1, 2006, and effective September 15,
2006, which is incorporated by
reference in 14 CFR 71.1. of the same
order. The Class E airspace designations
listed in this document would be
published subsequently in the Order.
The Direct Final Rule Procedure
The FAA anticipates that this
regulation will not result in adverse or
negative comment and, therefore, is
issuing it as a direct final rule. Previous
actions of this nature have not been
controversial and have not resulted in
adverse comments or objections. Unless
a written adverse or negative comment
or a written notice of intent to submit
an adverse or negative comment is
received within the comment period,
the regulation will become effective on
the date specified above. After the close
of the comment period, the FAA will
publish a document in the Federal
Register indicating that no adverse or
negative comments were received and
confirming the date on which the final
rule will become effective. If the FAA
does receive, within the comment
period, an adverse or negative comment,
or written notice of intent to submit
such a comment, a document
withdrawing the direct final rule will be
E:\FR\FM\10AUR1.SGM
10AUR1
]]>Agencies
[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Rules and Regulations]
[Pages 44951-44954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15555]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2 and 171
RIN 3150-AI15
NRC Size Standards; Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending the size
standards it uses to qualify an NRC licensee as a small entity under
the Regulatory Flexibility Act and making
[[Page 44952]]
the same change to its annual fee rule. NRC is increasing 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 to the public in their entirety
on the NRC rulemaking Web site. Personal information, such as name,
address, phone, e-mail address, etc. will not be removed from 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:
Background
The NRC established its size standards on December 9, 1985 (50 FR
50241). On November 6, 1991 (56 FR 56671), NRC conformed its format for
size standards to mirror the definitions of small entities in the
Regulatory Flexibility Act. NRC last adjusted its receipts-based size
standard levels in a final rule published in the Federal Register on
April 11, 1995 (60 FR 18344).
The NRC is increasing its receipts-based small business size
standard from $5.0 million to $6.5 million. This adjustment is to
conform to the SBA receipts-based business size standard, the most
commonly used SBA size standard for the nonmanufacturing industries.
SBA adjusted this standard for inflation on January 23, 2002 (67 FR
3041) and again on December 6, 2005 (70 FR 72577). The NRC is not
revising any of its other size standards at this time. The NRC has
coordinated these size standards with the Assistant Director for Size
Standards, SBA. This rule change will result in reduced annual fees
being imposed on licensees under the FY 2007 fee rule for those
licensees with receipts between $5.0 million and $6.5 million.
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, shortly after the August 6, 2007 effective date of
NRC's final license, inspection, and annual fee rule for FY 2007 (72 FR
31401; 6/6/2007). 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.
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 such a standard is inconsistent with
applicable law or otherwise impractical. In this direct final rule, the
NRC is modifying its size standards. This action does not constitute
the establishment of a standard for which the use of a voluntary
consensus standard would be applicable.
[[Page 44953]]
Plain Language
The Presidential Memorandum, ``Plain Language in Government
Writing,'' published June 10, 1998 (63 FR 31883), directed that the
Government's documents be in clear and accessible language. The NRC
requests comments on this direct final rule specifically with respect
to the clarity and effectiveness of the language used. Comments should
be sent to the address listed under the heading ADDRESSES above.
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)(1).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for the regulation.
Paperwork Reduction Act Statement
This direct final rule does not contain new or amended information
collection requirements subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
Regulatory Analysis
A regulatory analysis has not been prepared for this final rule
because the final rule is administrative in that it amends the criteria
the NRC uses for determining which of its licensees qualify as small
entities for the purposes of compliance with the Regulatory Flexibility
Act. The amended size standards conform to SBA's revised standards and
are expected to result in an increase in the number of NRC licensees
that qualify as small entities for annual fee assessments and other
purposes.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this direct final rule will not
have a significant economic impact on a substantial number of small
entities. The rule is administrative in that it amends the criteria the
NRC uses in determining which of its licensees qualify as small
entities for the purposes of compliance with the Regulatory Flexibility
Act. The amended size standards conform to SBA's revised standards and
are expected to result in an increase in the number of NRC licensees
that qualify as small entities.
Backfit Analysis
The NRC has determined that a backfit analysis is not required for
this direct final rule because these amendments do not include any
provisions that would impose backfits as defined in 10 CFR
50.109(a)(1).
Congressional Review Act
In accordance with the Congressional Review Act, 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.
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, Non-payment
penalties, Nuclear materials, Nuclear power plants and reactors, Source
material, Special nuclear material.
0
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.
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
0
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).
0
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 LICENSED BY THE NRC
0
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).
[[Page 44954]]
Sec. 171.16 [Amended]
0
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
------------------------------------------------------------------------
* * * * *
Dated at Rockville, Maryland, this 27th day of July, 2007.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-15555 Filed 8-9-07; 8:45 am]
BILLING CODE 7590-01-P
