Receipts-Based NRC Size Standards, 39980-39984 [2021-15506]
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39980
Proposed Rules
Federal Register
Vol. 86, No. 140
Monday, July 26, 2021
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
[NRC–2014–0264]
RIN 3150–AJ51
Receipts-Based NRC Size Standards
U.S. Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its small business size standards,
which are used to qualify an NRC
licensee as a ‘‘small entity’’ under the
Regulatory Flexibility Act of 1980, as
amended (RFA). The purpose of these
size standards is for reducing annual
NRC license fees for small entities.
These standards do not apply to NRC
contracting for goods and services. The
NRC is proposing to increase the upper
and lower tiers for its receipts-based
small entity size standards for small
businesses and small not-for-profit
organizations. This change will allow
NRC standards to remain consistent
with the inflation adjustments made by
the Small Business Administration
(SBA) size standard for
nonmanufacturing concerns. In
addition, in accordance with the Small
Business Runway Extension Act of 2018
(Runway Act), the NRC is proposing to
change the calculation of annual average
receipts for the receipts-based NRC size
standard for small businesses that
provide a service or small businesses
not engaged in manufacturing from a 3year averaging period to a 5-year
averaging period. The public is invited
to submit comments on this proposed
rule.
DATES: Submit comments by August 25,
2021. Comments received after this date
will be considered if it is practical to do
so, but the NRC is only able to ensure
consideration for comments received
before this date.
ADDRESSES: You may submit comments
by any of the following methods:
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SUMMARY:
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• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0264. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
proposed rule.
• 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.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Jo
A. Jacobs, Office of the Chief Financial
Officer, telephone: 301–415–8388;
email: Jo.Jacobs@nrc.gov; or Billy
Blaney, Office of the Chief Financial
Officer, telephone: 301–415–5092;
email: William.Blaney@nrc.gov. Both are
staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Background
III. Discussion
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
Public Protection Notification
X. Voluntary Consensus Standards
XI. Availability of Guidance
XII. Availability of Documents
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2014–
0264 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
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• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0264.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, 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 or
301–415–4737, or by email to
pdr.resource@nrc.gov. The ADAMS
accession number for each document
referenced (if that document is available
in ADAMS) is provided the first time
that a document is referenced. For the
convenience of the reader, the ADAMS
accession numbers are also provided in
Section XIII, ‘‘Availability of
Documents,’’ of this document.
• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to PDR staff
via email at pdr.resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC–2014–
0264 in the subject line of your
comment submission in order to ensure
that the NRC is able to make your
comment submission publicly available
in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as entering
the comment submissions into ADAMS.
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, you should
inform those persons not to include
identifying or contact information they
do not want to be publicly disclosed in
their comment submissions. Your
request should state the NRC does not
routinely edit comment submissions to
remove such information before making
the comment submissions available to
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the public or entering the comment
submissions into ADAMS.
II. Background
The NRC’s current size standards are
provided under part 2 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Agency Rules of Practice and
Procedure,’’ in § 2.810, ‘‘NRC size
standards,’’ which were established on
December 9, 1985, when implementing
the requirements of the RFA (50 FR
50241). The RFA requires agencies to
consider the impact of rulemaking on
small entities and, consistent with
applicable statutes, study alternatives to
minimize these impacts on applicable
businesses, organizations, and
government jurisdictions. The NRC’s
regulations in § 2.810 and 10 CFR 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,’’ contain
the criteria, in § 171.16(a) and (c),
‘‘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,’’ that certain licensees use to
qualify as small entities for the purpose
of reducing annual license fees only.
The NRC’s current size standards
under § 2.810 are based on the SBA’s
receipts-based size standards for small
businesses and small not-for-profit
organizations, employee-based size
standards for business concerns that are
manufacturing and for small
educational institutions that are not
State or publicly supported entities, and
population-based size standards for
small governmental jurisdictions.
In establishing the Fiscal Year (FY)
1991 fee rule, the NRC determined that
the annual fees would have a significant
impact on a substantial number of small
material licensees. As a result, the NRC
established a small entity fee tier in
§ 171.16(c), which resulted in a subsidy
program whereby small entities would
pay a reduced annual fee (56 FR 31507;
July 10, 1991). In FY 1992, the NRC
established a second tier in § 171.16(c)
to benefit the licensees that were very
small entities. Pursuant to § 171.16(c), if
a licensee qualifies as a small entity and
provides the Commission with the
proper certification, the licensee may
pay a reduced annual fee. As part of the
certification process, a licensee that
meets the NRC’s size standards for a
small entity must complete NRC Form
526, ‘‘Certification of Small Entity
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Status for the Purposes of Annual Fees,’’
certifying that it meets the NRC’s size
standards for a small entity.
The last revision, an inflationary
adjustment, to the receipts-based size
standards in §§ 2.810 and 171.16(c) was
in a rule published in the Federal
Register on July 3, 2012 (77 FR 39385)
and in the FY 2013 final fee rule
published in the Federal Register on
July 1, 2013 (78 FR 39479), respectively.
More recently, in FY 2020, the NRC
surveyed its materials licensees to help
determine whether to change the size
standards in § 2.810 (85 FR 6225;
February 4, 2020). With the exception of
inflation-related increases and adjusting
the methodology for calculating average
gross-receipts to be consistent with the
Runway Act and SBA regulations, the
survey results did not suggest that the
NRC should change its small entity size
standards.
The Runway Act amended section
3(a)(2)(C)(ii)(II) of the Small Business
Act (15 U.S.C. 632(a)(2)(C)(ii)(II)), to
modify the requirements for the small
business size standards prescribed by an
agency without separate statutory
authority to issue size standards.
Subsequently, on December 5, 2019, the
SBA published a final rule modifying its
method for calculating average annual
receipts used to prescribe size standards
for small businesses (84 FR 66561). As
a result, and because of the proposed
inflationary adjustments described more
fully in the ‘‘Discussion’’ section of this
document, the NRC must revise its
receipts-based size standards from a 3year averaging period to a 5-year
averaging period to comply with the
Runway Act.
In order to amend § 2.810, the NRC
must follow the procedures of the Small
Business Act, and SBA’s implementing
regulations in 13 CFR 121.903, ‘‘How
may an agency use size standards for its
programs that are different than those
established by SBA?,’’ because it does
not have separate statutory authority to
issue size standards.
III. Discussion
The NRC is proposing to amend
§ 2.810 to increase the receipts-based
small entity size standard from $7.0
million to $8.0 million for small
businesses and small, not-for-profit
organizations. These proposed
amendments are to remain consistent
with inflation adjustments made by the
SBA to its size standard for
nonmanufacturing concerns. Most
recently, the SBA adjusted this standard
for inflation on July 18, 2019 (84 FR
34261). In addition, the NRC is also
proposing to amend the average grossreceipts calculation process to change
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from a 3-year averaging period to a 5year averaging period, as required by
SBA regulations and in response to the
Runway Act.
Further, and analogous to the
proposed inflation adjustment in
§ 2.810, the NRC is proposing to amend
§ 171.16(c) to increase the upper tier
receipts-based small entity size standard
from $7.0 million to $8.0 million for
small businesses and small, not-forprofit organizations. Likewise, the NRC
is proposing to increase the lower tier
receipts-based size standard from
$485,000 to $555,000, based upon the
percent change in the upper tier.
IV. Regulatory Flexibility Certification
Under the RFA, the Commission
certifies that this proposed rule, if
adopted, will not have a significant
economic impact on a substantial
number of small entities. This proposed
rule is administrative in that this
proposed rule will revise the criteria in
10 CFR parts 2 and 171 that the NRC
uses to determine which of its licensees
qualify as small entities for the purposes
of compliance with the RFA. The
proposed amendments to the size
standards conform to the SBA’s revised
standard and is expected to result in an
increase in the number of NRC licensees
that qualify as small entities.
V. Regulatory Analysis
The RFA requires agencies to consider
the impact of rulemaking on small
entities and, consistent with applicable
statutes, study alternatives to minimize
the impacts on applicable businesses,
organizations, and government
jurisdictions. In previous rulemakings to
amend its size standards, the NRC has
adjusted the criteria that the NRC uses
to determine which of its licensees
qualify as small entities for the purposes
of compliance with the RFA.
For the NRC’s size standards,
rulemaking is required to amend the
methodology for calculating average
gross-receipts and the upper and lower
tier receipts-based size standards to
reflect inflationary adjustments. Because
the last revision, an inflationary
adjustment, to the receipts-based size
standards in §§ 2.810 and 171.16(c) was
in 2012 and 2013, respectively, this
proposed rule includes inflationary
adjustments to the receipts-based size
standards. This proposed rule would
amend §§ 2.810 and 171.16(c) to
increase the NRC’s upper tier receiptsbased size standard from $7.0 million to
$8.0 million for small businesses and
small not-for-profit organizations, in
order to remain consistent with the
inflation adjustments made in the SBA’s
size standard for nonmanufacturing. In
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addition, the proposed rulemaking
would amend § 171.16(c) to increase the
lower tier receipts-based size standard
from $485,000 to $555,000, based upon
the percentage change in the upper tier.
Furthermore, for consistency with the
Runway Act and SBA regulations, the
NRC is amending its methodology for
calculating the average gross-receipts
from a 3-year averaging period to a 5year averaging period.
The NRC estimates that the proposed
rule would provide the following
benefits and costs:
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Benefits
• This action would result in
continued compliance with the RFA,
since the proposed rule would reduce
the impact of annual fees on small
entities by increasing the receipts-based
size standards in § 2.810 and the tiers in
§ 171.16(c) that licensees use to qualify
as small entities.
• While it is not certain how many
licensees would qualify as small entities
under the receipts-based size standards
that is adjusted for inflation, the staff
estimates that 95 additional licensees (a
12-percent increase) would qualify as
small entities and be eligible to pay a
reduced annual fee.
• The licensees can have increased
regulatory confidence that the NRC has
amended the agency’s receipts-based
size standards to be consistent with the
SBA’s practices, and that staff would
review the current size standards and
determine whether proposed
amendments are needed every 5 years or
sooner based on the SBA’s adjustments.
Costs
• The cost impact of changing the
average gross-receipts from a 3-year
averaging period to a 5-year averaging
period is not known, as the average
gross-receipts have been based on a 3year averaging period since the NRC
established its size standards in 1985.
Every licensee would likely need to
expend some effort to evaluate its grossreceipts and may need to provide
additional information if questions arise
during the staff’s certification review.
Modifying to a 5-year averaging period
of gross-receipts may result in a negative
impact in that some licensees that are
close to the upper limit of their size
standard could lose their small entity
status, while others may newly qualify
as small entities. Despite this cost, since
the NRC is proposing to amend the
receipts-based size standards for
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inflationary adjustments, the NRC is
required pursuant to the Runway Act to
amend the average gross-receipts from a
3-year averaging period to a 5-year
averaging period.
• The expected increase in additional
licensees qualifying as small entities
could possibly increase the NRC’s net
budget authority as a result of additional
licensees qualifying as small entities.
The results of the regulatory analysis
are cost-justified because the proposed
rule would result in an estimated 95
additional licensees (a 12-percent
increase) who would qualify as small
entities and be eligible to pay a reduced
annual fee and the identified cost
impacts are small. The NRC did not
identify any other alternatives to amend
the receipts-based size standards under
§ 2.810, which are consistent with the
adjustments made by the SBA. In
addition, the NRC did not identify any
alternatives to rulemaking to amend the
upper and lower tiers under § 171.16(c)
to reflect inflationary adjustments.
VI. Backfitting and Issue Finality
The NRC has determined that the
backfit rule, §§ 50.109, 70.76, 72.62, and
76.76 and the issue finality provisions
in 10 CFR part 52 do not apply to this
proposed rule and that an analysis is not
required because these amendments do
not require the modification of, or
addition to, (1) systems, structures,
components, or the design of a facility;
(2) the design approval or
manufacturing license for a facility; or
(3) the procedures or organization
required to design, construct, or operate
a facility.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC wrote
this document to be consistent with the
Plain Writing Act, as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
The NRC requests comment on the
clarity and effectiveness of the language
used in this proposed rule.
VIII. National Environmental Policy
Act
The NRC has determined that this
proposed rule is the type of action
described in 10 CFR 51.22(c)(1).
Therefore, neither an environmental
impact statement nor environmental
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assessment has been prepared for this
proposed rule.
IX. Paperwork Reduction Act
This proposed rule does not contain
a collection of information as defined in
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) and, therefore,
is not subject to the requirements of the
Act.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
document requesting or requiring the
collection displays a currently valid
OMB control number.
X. 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 the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this proposed rule, the
action does not constitute the
establishment of a standard that
contains generally applicable
requirements.
XI. Availability of Guidance
The NRC publishes a fee guidance
document for small entities annually in
conjunction with the NRC’s annual rule
to revise its fee schedules. The ‘‘Small
Entity Compliance Guide’’ is designed
to assist businesses, organizations,
educational institutions, and
governmental jurisdictions in
determining whether they qualify as
small entities by providing the
qualifying factors that make up the
NRC’s definition of ‘‘small entity,’’ and
the current small entity fees. The NRC
will update the compliance guide each
year when issuing the final fee rule and
to align with the fee schedule of that
year. Most recently, the NRC prepared
the Small Entity Compliance Guide for
the FY 2021 proposed fee rule. This
compliance guide is available as
indicated in Section XII, Availability of
Documents, of this document.
XII. Availability of Documents
Documents identified in the following
table are available to interested persons
through one or more of the following
methods, as indicated.
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ADAMS Accession No./web link/Federal Register citation
Document
NRC Size Standard for Making Determinations Required by the Regulatory Flexibility Act of
1980 (December 9, 1985).
NRC Form 526, ‘‘Certification of Small Entity Status for the Purposes of Annual Fees Imposed
under 10 CFR Part 171’’.
FY 2021 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide ..........................
Public Law (Pub. L.) 115–324, ‘‘Small Business Runway Extension Act of 2018’’ .......................
Receipts-Based, Small Business Size Standard; Direct Final Rule (July 3, 2012) ........................
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013 (July 1, 2013) ...........................
Small Business Size Standards: Calculation of Annual Average Receipts; Final Rule (December 5, 2019).
Throughout the development of this
proposed rule, the NRC may post
documents related to this proposed rule,
including public comments, on the
Federal rulemaking website at https://
www.regulations.gov under Docket ID
NRC–2014–0264.
List of Subjects
10 CFR Part 2
Administrative practice and
procedure, Antitrust, Byproduct
material, Classified information,
Confidential business information,
Environmental protection, Freedom of
information, Hazardous waste, Nuclear
energy, Nuclear materials, Nuclear
power plants and reactors, Penalties,
Reporting and recordkeeping
requirements, Sex discrimination,
Source material, Special nuclear
material, Waste treatment and disposal.
10 CFR Part 171
PART 2—AGENCY RULES OF
PRACTICE AND PROCEDURE
1. The authority citation for part 2
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 29, 53, 62, 63, 81, 102, 103, 104, 105,
161, 181, 182, 183, 184, 186, 189, 191, 234
(42 U.S.C. 2039, 2073, 2092, 2093, 2111,
2132, 2133, 2134, 2135, 2201, 2231, 2232,
2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206
(42 U.S.C. 5841, 5846); Nuclear Waste Policy
Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161);
Administrative Procedure Act (5 U.S.C. 552,
553, 554, 557, 558); National Environmental
Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
3504 note.
Section 2.205(j) also issued under 28
U.S.C. 2461 note.
2. In § 2.810, revise paragraphs (a)(1)
and (b) to read as follows:
■
§ 2.810
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 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 proposing to amend 10 CFR
parts 2 and 171 as follows:
39983
NRC Size Standards.
*
*
*
*
*
(a) * * *
(1) Concern that provides a service or
a concern not engaged in manufacturing
with average gross receipts of $8.0
million or less over its last 5 completed
fiscal years; or
*
*
*
*
*
(b) A small organization is a not-forprofit organization which is
independently owned and operated and
has annual gross receipts of $8.0 million
or less.
*
*
*
*
*
50 FR 20913.
https://www.nrc.gov/reading-rm/doc-collections/
forms/nrc526.pdf.
ML21105A750.
https://www.congress.gov/115/plaws/publ324/
PLAW-115publ324.pdf.
77 FR 39385.
78 FR 39479.
84 FR 66561.
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:
■
Authority: Atomic Energy Act of 1954,
secs. 11, 161(w), 223, 234 (42 U.S.C. 2014,
2201(w), 2273, 2282); Energy Reorganization
Act of 1974, sec. 201 (42 U.S.C. 5841); 42
U.S.C. 2215; 44 U.S.C. 3504 note.
4. In § 171.16, revise paragraph (c) 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, in
addition to 10 CFR part 72 licenses, 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 table 1 to this
paragraph (c). Failure to file a small
entity certification in a timely manner
could result in the receipt of a
delinquent invoice requesting the
outstanding balance due and/or denial
of any refund that might otherwise be
due. The small entity fees are as follows:
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TABLE 1 TO PARAGRAPH (c)
Maximum
annual fee
per licensed
category
NRC small entity classification
Small Businesses Not Engaged in Manufacturing (Average gross receipts over the last 5 completed fiscal years):
$555,000 to $8 million ..................................................................................................................................................................
Less than $555,000 ......................................................................................................................................................................
Small Not-For-Profit Organizations (Annual Gross Receipts):
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1,000
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TABLE 1 TO PARAGRAPH (c)—Continued
Maximum
annual fee
per licensed
category
NRC small entity classification
$555,000 to $8 million ..................................................................................................................................................................
Less than $555,000 ......................................................................................................................................................................
Manufacturing Entities that Have An Average of 500 Employees or Fewer:
35 to 500 employees ....................................................................................................................................................................
Fewer than 35 employees ............................................................................................................................................................
Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population):
20,000 to 49,999 ..........................................................................................................................................................................
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: July 1, 2021.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2021–15506 Filed 7–23–21; 8:45 am]
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The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Leonardo S.p.a. (Leonardo)
Model AB139 and AW139 helicopters.
This proposed AD was prompted by a
report of several occurrences of a
cracked main gearbox (MGB) spherical
bearing lock nut (lock nut). This
proposed AD would require removing
from service a certain part-numbered
MGB lock nut that is installed on certain
part-numbered MGBs and replacing it
with newly designed MGB lock nut.
This proposed AD would also would
prohibit installing any MGB with the
affected MGB lock nut and would
prohibit installing any affected MGB
lock nut on any helicopter. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by September 9,
2021.
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:44 Jul 23, 2021
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.
• Mail: 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.
For service information identified in
this NPRM, contact Leonardo S.p.A.
Helicopters, Emanuele Bufano, Head of
Airworthiness, Viale G.Agusta 520,
21017 C.Costa di Samarate (Va) Italy;
telephone +39–0331–225074; fax +39–
0331–229046; or at https://
customerportal.leonardocompany.com/
en-US/. You may view this service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177. For information
on the availability of this material at the
FAA, call (817) 222–5110.
ADDRESSES:
Jkt 253001
4,900
1,000
4,900
1,000
4,900
1,000
4,900
1,000
Innovation Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5110; email
rao.edupuganti@faa.gov.
SUPPLEMENTARY INFORMATION:
Examining the AD Docket
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0579; Project Identifier
MCAI–2020–00267–R’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this NPRM.
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0579; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
NPRM, the European Union Aviation
Safety Agency (EASA) AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Rao
Edupuganti, Aerospace Engineer,
Dynamic Systems Section, Technical
Innovation Policy Branch, Policy &
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
PO 00000
Frm 00005
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26JYP1
]]>Agencies
[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Proposed Rules]
[Pages 39980-39984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15506]
========================================================================
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. 86, No. 140 / Monday, July 26, 2021 /
Proposed Rules
[[Page 39980]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2 and 171
[NRC-2014-0264]
RIN 3150-AJ51
Receipts-Based NRC Size Standards
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its small business size standards, which are used to qualify an
NRC licensee as a ``small entity'' under the Regulatory Flexibility Act
of 1980, as amended (RFA). The purpose of these size standards is for
reducing annual NRC license fees for small entities. These standards do
not apply to NRC contracting for goods and services. The NRC is
proposing to increase the upper and lower tiers for its receipts-based
small entity size standards for small businesses and small not-for-
profit organizations. This change will allow NRC standards to remain
consistent with the inflation adjustments made by the Small Business
Administration (SBA) size standard for nonmanufacturing concerns. In
addition, in accordance with the Small Business Runway Extension Act of
2018 (Runway Act), the NRC is proposing to change the calculation of
annual average receipts for the receipts-based NRC size standard for
small businesses that provide a service or small businesses not engaged
in manufacturing from a 3-year averaging period to a 5-year averaging
period. The public is invited to submit comments on this proposed rule.
DATES: Submit comments by August 25, 2021. Comments received after this
date will be considered if it is practical to do so, but the NRC is
only able to ensure consideration for comments received before this
date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0264. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this proposed rule.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jo A. Jacobs, Office of the Chief
Financial Officer, telephone: 301-415-8388; email: [email protected];
or Billy Blaney, Office of the Chief Financial Officer, telephone: 301-
415-5092; email: [email protected]. Both are staff of the U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Background
III. Discussion
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
Public Protection Notification
X. Voluntary Consensus Standards
XI. Availability of Guidance
XII. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0264 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0264.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 or 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced (if that document is available in ADAMS) is
provided the first time that a document is referenced. For the
convenience of the reader, the ADAMS accession numbers are also
provided in Section XIII, ``Availability of Documents,'' of this
document.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to PDR staff via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2014-0264 in the subject line of your
comment submission in order to ensure that the NRC is able to make your
comment submission publicly available in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into
ADAMS. 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, you should inform those persons not to
include identifying or contact information they do not want to be
publicly disclosed in their comment submissions. Your request should
state the NRC does not routinely edit comment submissions to remove
such information before making the comment submissions available to
[[Page 39981]]
the public or entering the comment submissions into ADAMS.
II. Background
The NRC's current size standards are provided under part 2 of title
10 of the Code of Federal Regulations (10 CFR), ``Agency Rules of
Practice and Procedure,'' in Sec. 2.810, ``NRC size standards,'' which
were established on December 9, 1985, when implementing the
requirements of the RFA (50 FR 50241). The RFA requires agencies to
consider the impact of rulemaking on small entities and, consistent
with applicable statutes, study alternatives to minimize these impacts
on applicable businesses, organizations, and government jurisdictions.
The NRC's regulations in Sec. 2.810 and 10 CFR 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,'' contain the criteria, in Sec. 171.16(a) and (c), ``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,'' that certain licensees use to qualify as small entities for the
purpose of reducing annual license fees only.
The NRC's current size standards under Sec. 2.810 are based on the
SBA's receipts-based size standards for small businesses and small not-
for-profit organizations, employee-based size standards for business
concerns that are manufacturing and for small educational institutions
that are not State or publicly supported entities, and population-based
size standards for small governmental jurisdictions.
In establishing the Fiscal Year (FY) 1991 fee rule, the NRC
determined that the annual fees would have a significant impact on a
substantial number of small material licensees. As a result, the NRC
established a small entity fee tier in Sec. 171.16(c), which resulted
in a subsidy program whereby small entities would pay a reduced annual
fee (56 FR 31507; July 10, 1991). In FY 1992, the NRC established a
second tier in Sec. 171.16(c) to benefit the licensees that were very
small entities. Pursuant to Sec. 171.16(c), if a licensee qualifies as
a small entity and provides the Commission with the proper
certification, the licensee may pay a reduced annual fee. As part of
the certification process, a licensee that meets the NRC's size
standards for a small entity must complete NRC Form 526,
``Certification of Small Entity Status for the Purposes of Annual
Fees,'' certifying that it meets the NRC's size standards for a small
entity.
The last revision, an inflationary adjustment, to the receipts-
based size standards in Sec. Sec. 2.810 and 171.16(c) was in a rule
published in the Federal Register on July 3, 2012 (77 FR 39385) and in
the FY 2013 final fee rule published in the Federal Register on July 1,
2013 (78 FR 39479), respectively. More recently, in FY 2020, the NRC
surveyed its materials licensees to help determine whether to change
the size standards in Sec. 2.810 (85 FR 6225; February 4, 2020). With
the exception of inflation-related increases and adjusting the
methodology for calculating average gross-receipts to be consistent
with the Runway Act and SBA regulations, the survey results did not
suggest that the NRC should change its small entity size standards.
The Runway Act amended section 3(a)(2)(C)(ii)(II) of the Small
Business Act (15 U.S.C. 632(a)(2)(C)(ii)(II)), to modify the
requirements for the small business size standards prescribed by an
agency without separate statutory authority to issue size standards.
Subsequently, on December 5, 2019, the SBA published a final rule
modifying its method for calculating average annual receipts used to
prescribe size standards for small businesses (84 FR 66561). As a
result, and because of the proposed inflationary adjustments described
more fully in the ``Discussion'' section of this document, the NRC must
revise its receipts-based size standards from a 3-year averaging period
to a 5-year averaging period to comply with the Runway Act.
In order to amend Sec. 2.810, the NRC must follow the procedures
of the Small Business Act, and SBA's implementing regulations in 13 CFR
121.903, ``How may an agency use size standards for its programs that
are different than those established by SBA?,'' because it does not
have separate statutory authority to issue size standards.
III. Discussion
The NRC is proposing to amend Sec. 2.810 to increase the receipts-
based small entity size standard from $7.0 million to $8.0 million for
small businesses and small, not-for-profit organizations. These
proposed amendments are to remain consistent with inflation adjustments
made by the SBA to its size standard for nonmanufacturing concerns.
Most recently, the SBA adjusted this standard for inflation on July 18,
2019 (84 FR 34261). In addition, the NRC is also proposing to amend the
average gross-receipts calculation process to change from a 3-year
averaging period to a 5-year averaging period, as required by SBA
regulations and in response to the Runway Act.
Further, and analogous to the proposed inflation adjustment in
Sec. 2.810, the NRC is proposing to amend Sec. 171.16(c) to increase
the upper tier receipts-based small entity size standard from $7.0
million to $8.0 million for small businesses and small, not-for-profit
organizations. Likewise, the NRC is proposing to increase the lower
tier receipts-based size standard from $485,000 to $555,000, based upon
the percent change in the upper tier.
IV. Regulatory Flexibility Certification
Under the RFA, the Commission certifies that this proposed rule, if
adopted, will not have a significant economic impact on a substantial
number of small entities. This proposed rule is administrative in that
this proposed rule will revise the criteria in 10 CFR parts 2 and 171
that the NRC uses to determine which of its licensees qualify as small
entities for the purposes of compliance with the RFA. The proposed
amendments to the size standards conform to the SBA's revised standard
and is expected to result in an increase in the number of NRC licensees
that qualify as small entities.
V. Regulatory Analysis
The RFA requires agencies to consider the impact of rulemaking on
small entities and, consistent with applicable statutes, study
alternatives to minimize the impacts on applicable businesses,
organizations, and government jurisdictions. In previous rulemakings to
amend its size standards, the NRC has adjusted the criteria that the
NRC uses to determine which of its licensees qualify as small entities
for the purposes of compliance with the RFA.
For the NRC's size standards, rulemaking is required to amend the
methodology for calculating average gross-receipts and the upper and
lower tier receipts-based size standards to reflect inflationary
adjustments. Because the last revision, an inflationary adjustment, to
the receipts-based size standards in Sec. Sec. 2.810 and 171.16(c) was
in 2012 and 2013, respectively, this proposed rule includes
inflationary adjustments to the receipts-based size standards. This
proposed rule would amend Sec. Sec. 2.810 and 171.16(c) to increase
the NRC's upper tier receipts-based size standard from $7.0 million to
$8.0 million for small businesses and small not-for-profit
organizations, in order to remain consistent with the inflation
adjustments made in the SBA's size standard for nonmanufacturing. In
[[Page 39982]]
addition, the proposed rulemaking would amend Sec. 171.16(c) to
increase the lower tier receipts-based size standard from $485,000 to
$555,000, based upon the percentage change in the upper tier.
Furthermore, for consistency with the Runway Act and SBA regulations,
the NRC is amending its methodology for calculating the average gross-
receipts from a 3-year averaging period to a 5-year averaging period.
The NRC estimates that the proposed rule would provide the
following benefits and costs:
Benefits
This action would result in continued compliance with the
RFA, since the proposed rule would reduce the impact of annual fees on
small entities by increasing the receipts-based size standards in Sec.
2.810 and the tiers in Sec. 171.16(c) that licensees use to qualify as
small entities.
While it is not certain how many licensees would qualify
as small entities under the receipts-based size standards that is
adjusted for inflation, the staff estimates that 95 additional
licensees (a 12-percent increase) would qualify as small entities and
be eligible to pay a reduced annual fee.
The licensees can have increased regulatory confidence
that the NRC has amended the agency's receipts-based size standards to
be consistent with the SBA's practices, and that staff would review the
current size standards and determine whether proposed amendments are
needed every 5 years or sooner based on the SBA's adjustments.
Costs
The cost impact of changing the average gross-receipts
from a 3-year averaging period to a 5-year averaging period is not
known, as the average gross-receipts have been based on a 3-year
averaging period since the NRC established its size standards in 1985.
Every licensee would likely need to expend some effort to evaluate its
gross-receipts and may need to provide additional information if
questions arise during the staff's certification review. Modifying to a
5-year averaging period of gross-receipts may result in a negative
impact in that some licensees that are close to the upper limit of
their size standard could lose their small entity status, while others
may newly qualify as small entities. Despite this cost, since the NRC
is proposing to amend the receipts-based size standards for
inflationary adjustments, the NRC is required pursuant to the Runway
Act to amend the average gross-receipts from a 3-year averaging period
to a 5-year averaging period.
The expected increase in additional licensees qualifying
as small entities could possibly increase the NRC's net budget
authority as a result of additional licensees qualifying as small
entities.
The results of the regulatory analysis are cost-justified because
the proposed rule would result in an estimated 95 additional licensees
(a 12-percent increase) who would qualify as small entities and be
eligible to pay a reduced annual fee and the identified cost impacts
are small. The NRC did not identify any other alternatives to amend the
receipts-based size standards under Sec. 2.810, which are consistent
with the adjustments made by the SBA. In addition, the NRC did not
identify any alternatives to rulemaking to amend the upper and lower
tiers under Sec. 171.16(c) to reflect inflationary adjustments.
VI. Backfitting and Issue Finality
The NRC has determined that the backfit rule, Sec. Sec. 50.109,
70.76, 72.62, and 76.76 and the issue finality provisions in 10 CFR
part 52 do not apply to this proposed rule and that an analysis is not
required because these amendments do not require the modification of,
or addition to, (1) systems, structures, components, or the design of a
facility; (2) the design approval or manufacturing license for a
facility; or (3) the procedures or organization required to design,
construct, or operate a facility.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC wrote this document to be consistent with the Plain
Writing Act, as well as the Presidential Memorandum, ``Plain Language
in Government Writing,'' published June 10, 1998 (63 FR 31885). The NRC
requests comment on the clarity and effectiveness of the language used
in this proposed rule.
VIII. National Environmental Policy Act
The NRC has determined that this proposed rule is the type of
action described in 10 CFR 51.22(c)(1). Therefore, neither an
environmental impact statement nor environmental assessment has been
prepared for this proposed rule.
IX. Paperwork Reduction Act
This proposed rule does not contain a collection of information as
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
and, therefore, is not subject to the requirements of the Act.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
X. 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 the use of such a standard is inconsistent with
applicable law or otherwise impractical. In this proposed rule, the
action does not constitute the establishment of a standard that
contains generally applicable requirements.
XI. Availability of Guidance
The NRC publishes a fee guidance document for small entities
annually in conjunction with the NRC's annual rule to revise its fee
schedules. The ``Small Entity Compliance Guide'' is designed to assist
businesses, organizations, educational institutions, and governmental
jurisdictions in determining whether they qualify as small entities by
providing the qualifying factors that make up the NRC's definition of
``small entity,'' and the current small entity fees. The NRC will
update the compliance guide each year when issuing the final fee rule
and to align with the fee schedule of that year. Most recently, the NRC
prepared the Small Entity Compliance Guide for the FY 2021 proposed fee
rule. This compliance guide is available as indicated in Section XII,
Availability of Documents, of this document.
XII. Availability of Documents
Documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
[[Page 39983]]
------------------------------------------------------------------------
ADAMS Accession No./web
Document link/Federal Register
citation
------------------------------------------------------------------------
NRC Size Standard for Making Determinations 50 FR 20913.
Required by the Regulatory Flexibility Act
of 1980 (December 9, 1985).
NRC Form 526, ``Certification of Small Entity https://www.nrc.gov/
Status for the Purposes of Annual Fees reading-rm/doc-
Imposed under 10 CFR Part 171''. collections/forms/
nrc526.pdf.
FY 2021 U.S. Nuclear Regulatory Commission ML21105A750.
Small Entity Compliance Guide.
Public Law (Pub. L.) 115-324, ``Small https://www.congress.gov/
Business Runway Extension Act of 2018''. 115/plaws/publ324/PLAW-
115publ324.pdf.
Receipts-Based, Small Business Size Standard; 77 FR 39385.
Direct Final Rule (July 3, 2012).
Revision of Fee Schedules; Fee Recovery for 78 FR 39479.
Fiscal Year 2013 (July 1, 2013).
Small Business Size Standards: Calculation of 84 FR 66561.
Annual Average Receipts; Final Rule
(December 5, 2019).
------------------------------------------------------------------------
Throughout the development of this proposed rule, the NRC may post
documents related to this proposed rule, including public comments, on
the Federal rulemaking website at https://www.regulations.gov under
Docket ID NRC-2014-0264.
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Confidential business information,
Environmental protection, Freedom of information, Hazardous waste,
Nuclear energy, Nuclear materials, Nuclear power plants and reactors,
Penalties, Reporting and recordkeeping requirements, 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 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 proposing
to amend 10 CFR parts 2 and 171 as follows:
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81,
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201,
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846);
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note.
Section 2.205(j) also issued under 28 U.S.C. 2461 note.
0
2. In Sec. 2.810, revise paragraphs (a)(1) and (b) 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 $8.0 million or less over
its last 5 completed fiscal years; or
* * * * *
(b) A small organization is a not-for-profit organization which is
independently owned and operated and has annual gross receipts of $8.0
million or less.
* * * * *
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: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234
(42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 44 U.S.C. 3504
note.
0
4. In Sec. 171.16, revise paragraph (c) 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, in addition to 10 CFR part 72 licenses, 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 table 1
to this paragraph (c). Failure to file a 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:
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Maximum annual
fee per
NRC small entity classification licensed
category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
gross receipts over the last 5 completed fiscal years):
$555,000 to $8 million.............................. $4,900
Less than $555,000.................................. 1,000
Small Not-For-Profit Organizations (Annual Gross
Receipts):
[[Page 39984]]
$555,000 to $8 million.............................. 4,900
Less than $555,000.................................. 1,000
Manufacturing Entities that Have An Average of 500
Employees or Fewer:
35 to 500 employees................................. 4,900
Fewer than 35 employees............................. 1,000
Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 49,999.................................... 4,900
Fewer than 20,000................................... 1,000
Educational Institutions that are not State or Publicly
Supported, and have 500 Employees or Fewer:
35 to 500 employees................................. 4,900
Fewer than 35 employees............................. 1,000
------------------------------------------------------------------------
* * * * *
Dated: July 1, 2021.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2021-15506 Filed 7-23-21; 8:45 am]
BILLING CODE 7590-01-P
