Receipts-Based, Small Business Size Standard, 39442-39444 [2012-16258]
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39442
Proposed Rules
Federal Register
Vol. 77, No. 128
Tuesday, July 3, 2012
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 2 and 171
RIN 3150–AJ14
[NRC–2012–0062]
Receipts-Based, Small Business Size
Standard
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
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 https://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
https://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
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SUMMARY:
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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
https://www.regulations.gov and search
for Docket ID NRC–2012–0062.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/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.
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• 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 https://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 receiptsbased, 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
E:\FR\FM\03JYP1.SGM
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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules
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-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 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.
sroberts on DSK5SPTVN1PROD with PROPOSALS
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).
§ 2.810
39443
[Amended]
2. In § 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 § 171.16, paragraph (c) is revised
to read as follows:
§ 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 ...............................................................................................................................................................
Less than $450,000 ......................................................................................................................................................................
Small not-for-profit organizations (Annual gross receipts):
$450,000 to $7.0 million ...............................................................................................................................................................
Less than $450,000 ......................................................................................................................................................................
Manufacturing entities that have an average of 500 employees or fewer:
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03JYP1
$2,300
500
2,300
500
39444
Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules
Maximum
annual fee per
licensed
category
35 to 500 employees ....................................................................................................................................................................
Fewer than 35 employees ............................................................................................................................................................
Small governmental jurisdictions (Including publicly supported educational institutions) (Population):
20,000 to 50,000 ..........................................................................................................................................................................
Fewer than 20,000 .......................................................................................................................................................................
Educational institutions that are not State or publicly supported, and have 500 employees or fewer:
35 to 500 employees ....................................................................................................................................................................
Fewer than 35 employees ............................................................................................................................................................
*
*
*
*
*
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]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0695; Directorate
Identifier 2011–SW–031–AD]
RIN 2120–AA64
Airworthiness Directives; Agusta
S.p.A. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede an
existing airworthiness directive (AD) for
Agusta S.p.A. (Agusta) Model A119 and
AW119 MKII helicopters. The existing
AD currently requires inspecting the
pilot and copilot engine rotary variable
differential transformer (RVDT) control
box assemblies to determine if the
control gear locking pin is in its proper
position. Since we issued that AD,
Agusta has developed a terminating
action for this inspection. The proposed
actions are intended to prevent failure
of an RVDT control box assembly, loss
of manual control of the engine throttle,
and subsequent loss of control of the
helicopter.
sroberts on DSK5SPTVN1PROD with PROPOSALS
SUMMARY:
We must receive comments on
this proposed AD by September 4, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: 202–493–2251.
DATES:
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2,300
500
2,300
500
2,300
500
• Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket: You may
examine the AD docket on the Internet
at https://www.regulations.gov or in
person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this proposed
AD, the economic evaluation, any
comments received and other
information. The street address for the
Docket Operations Office (telephone
800–647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
For service information identified in
this proposed AD, contact Agusta
Westland, Customer Support & Services,
Via Per Tornavento 15, 21019 Somma
Lombardo (VA) Italy, ATTN: Giovanni
Cecchelli; telephone 39 0331711133; fax
39 0331 711180; or at https://
www.agustawestland.com/technicalbullettins. You may review a copy of the
service information at the FAA, Office
of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room
663, Fort Worth, Texas 76137.
FOR FURTHER INFORMATION CONTACT: Jim
Grigg, Manager, FAA, Rotorcraft
Directorate, Safety Management Group,
2601 Meacham Blvd., Fort Worth, TX
76137, telephone (817) 222–5126, email
jim.grigg@faa.gov.
SUPPLEMENTARY INFORMATION:
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time.
We will file in the docket all
comments that we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
Before acting on this proposal, we will
consider all comments we receive on or
before the closing date for comments.
We will consider comments filed after
the comment period has closed if it is
possible to do so without incurring
expense or delay. We may change this
proposal in light of the comments we
receive.
Comments Invited
Actions Since Existing AD Was Issued
Since we issued AD 2010–15–51, the
European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2011–
0095–E, dated May 24, 2011, to
permanently correct this unsafe
condition for the Agusta A119 and AW
We invite you to participate in this
rulemaking by submitting written
comments, data, or views. We also
invite comments relating to the
economic, environmental, energy, or
federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
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Discussion
On July 16, 2010, we issued
Emergency AD 2010–15–51, and on
August 4, 2010, we issued the Final
Rule, Request for Comment, for that AD
as amendment 39–16397 (75 FR 50863,
August 18, 2010) for all Agusta model
A119 and AW119 MKII helicopters.
That AD requires inspecting the pilot
and co-pilot control box assemblies for
the proper positioning of the locking
pins, and if the locking pin is recessed
or extended in excess of 2.0 millimeters
from the face of the pin bore, or missing,
replacing the control box assembly. That
AD was prompted by a report that an
RVDT locking pin that was installed on
an AW119 MKII helicopter moved from
its proper position, resulting in
disconnect between the pilot and copilot throttle controls.
E:\FR\FM\03JYP1.SGM
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]]>Agencies
[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]
========================================================================
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.
========================================================================
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.
-----------------------------------------------------------------------
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 https://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 https://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 https://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 https://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 https://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
------------------------------------------------------------------------
* * * * *
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]
BILLING CODE 7590-01-P
