Receipts-Based NRC Size Standards, 8943-8947 [2022-03146]
Download as PDF
<![CDATA[
8943
Rules and Regulations
Federal Register
Vol. 87, No. 33
Thursday, February 17, 2022
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
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: Final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending 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. The
purpose of these size standards is for
reducing annual NRC license fees for
small entities. These standards do not
apply to the NRC’s contracts for goods
and services. The NRC is increasing the
upper and lower tiers for its receiptsbased small entity size standards for
small businesses and small not-forprofit organizations. This change allows
NRC standards to remain consistent
with the inflation adjustments made by
the Small Business Administration size
standard for nonmanufacturing
concerns. In addition, in accordance
with the Small Business Runway
Extension Act of 2018, the NRC is
changing 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.
DATES: This final rule is effective on
March 21, 2022.
ADDRESSES: 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:
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:53 Feb 16, 2022
Jkt 256001
• 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
final rule.
• 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, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document. For the convenience of the
reader, instructions about obtaining
materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ section of this document.
FOR FURTHER INFORMATION CONTACT: Jo
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. Background
II. Discussion
III. Public Comments
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. Congressional Review Act
XI. Voluntary Consensus Standards
XII. Availability of Guidance
XIII. Availability of Documents
I. Background
The NRC’s current size standards are
provided under part 2 of title 10 of the
Code of Federal Regulations (10 CFR),
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
‘‘Agency Rules of Practice and
Procedure,’’ in § 2.810, ‘‘NRC size
standards.’’ These standards were
established on December 9, 1985 (50 FR
50241), when the NRC implemented the
requirements of the Regulatory
Flexibility Act of 1980, as amended
(RFA). 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. The
NRC’s current size standards under
§ 2.810 are based on the Small Business
Administration’s (SBA) 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
materials 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
E:\FR\FM\17FER1.SGM
17FER1
8944
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
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 revisions to the receiptsbased size standards in §§ 2.810 and
171.16(c) to adjust for inflation were
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 Small Business
Runway Extension Act of 2018 (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 of adjustments for inflation
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 § 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 the NRC
does not have separate statutory
authority to issue size standards.
Accordingly, the NRC has sent this final
rule to SBA for review and has received
the approval of the SBA Administrator.
II. Discussion
The NRC is amending § 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
amendments are to remain consistent
with inflation adjustments made by the
SBA to its size standard for
nonmanufacturing concerns. Most
VerDate Sep<11>2014
15:53 Feb 16, 2022
Jkt 256001
recently, the SBA adjusted this standard
for inflation on July 18, 2019 (84 FR
34261). In addition, the NRC is also
amending the average gross-receipts
calculation process to change from a 3year 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
inflation adjustment in § 2.810, the NRC
is amending § 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 increasing the lower-tier
receipts-based size standard from
$485,000 to $555,000, based upon the
percent change in the upper tier.
III. Public Comments
The NRC published a proposed rule
on July 26, 2021 (86 FR 39980), and
requested public comment on its
proposed revisions to 10 CFR parts 2
and 171. The comment period on the
proposed rule closed on August 25,
2021. The NRC did not receive any
public comments on the proposed rule.
IV. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980, as amended (RFA), the
Commission certifies that this final rule,
if adopted, will not have a significant
economic impact on a substantial
number of small entities. This final rule
is administrative in that this final 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
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 adjustments for inflation. The
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
NRC has not revised the receipts-based
size standards in §§ 2.810 and 171.16(c)
since 2012 and 2013, respectively;
therefore, this final rule includes
adjustments for inflation. This final rule
amends §§ 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
adjustments for inflation made to the
SBA’s size standard for
nonmanufacturing. In addition, this
final rule amends § 171.16(c) to increase
the lower-tier receipts-based size
standard from $485,000 to $555,000,
consistent with 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 final rule
provides the following benefits and
costs:
Benefits
• This action will result in continued
compliance with the RFA, since the
final rule will 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 are being adjusted, the staff
estimates that 95 additional licensees (a
12-percent increase) will potentially
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, as stated in SECY–
20–0111, ‘‘Rulemaking Plan to Amend
the Receipts-Based NRC Size Standards
(NRC–2014–0264),’’ (ADAMS Accession
No. ML20268B327), that the NRC will
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 will likely need to
E:\FR\FM\17FER1.SGM
17FER1
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
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,
because the NRC is amending the
receipts-based size standards to adjust
for inflation, the NRC also is amending
the average gross-receipts from a 3-year
averaging period to a 5-year averaging
period pursuant to the Runway Act.
• 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 final 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 expected to be small and
would not be passed onto other NRC’s
applicants and licensees. 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 adjustments for inflation.
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
final 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).
lotter on DSK11XQN23PROD with RULES1
Jkt 256001
XI. 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 final rule, the action
does not constitute the establishment of
a standard that contains generally
applicable requirements.
XII. Availability of Guidance
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. Congressional Review Act
XIII. Availability of Documents
This final rule is a rule as defined in
the Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
Documents identified in the following
table are available to interested persons
through one or more of the following
methods, as indicated.
The NRC has determined that this
final rule is the type of action described
in § 51.22(c)(1). Therefore, neither an
environmental impact statement nor
environmental assessment has been
prepared for this final rule.
IX. Paperwork Reduction Act
This final 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
ADAMS accession No./web link/Federal Register Citation
Public Law (Pub. L.) 115–324, ‘‘Small Business Runway Extension Act
of 2018’’.
NRC Size Standard for Making Determinations Required by the Regulatory Flexibility Act of 1980 (December 9, 1985).
Revision of Fee Schedules; 100 Percent Fee Recovery (July 10, 1991)
NRC Form 526, ‘‘Certification of Small Entity Status for the Purposes of
Annual Fees Imposed under 10 CFR Part 171’’.
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).
Survey of NRC’s Materials Licensees ......................................................
Small Business Size Standards: Calculation of Annual Average Receipts; Final Rule (December 5, 2019).
Small Business Size Standards: Adjustment of Monetary-Based Size
Standards for Inflation.
Receipts-Based NRC Size Standards; Proposed Rule (July 26, 2021) ..
SECY–20–0111, ‘‘Rulemaking Plan to Amend the Receipts-Based NRC
Size Standards (NRC–2014–0264).
17:24 Feb 16, 2022
it to be a major rule as defined in the
Congressional Review Act.
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. As part of a future fee rule, the
NRC will update the Small Entity
Compliance Guide to reflect to changes
in §§ 2.810 and 171.16(c). The FY 2021
Small Entity Compliance Guide is
available as indicated in the
‘‘Availability of Documents,’’ section of
this document.
VIII. National Environmental Policy
Act
Document
VerDate Sep<11>2014
8945
PO 00000
Frm 00003
Fmt 4700
https://www.congress.gov/115/plaws/publ324/PLAW-115publ324.pdf.
50 FR 50241.
56 FR 31507.
https://www.nrc.gov/reading-rm/doc-collections/forms/nrc526.pdf.
77 FR 39385.
78 FR 39479.
85 FR 6225.
84 FR 66561.
84 FR 34261.
86 FR 39980.
ML20268B327.
Sfmt 4700
E:\FR\FM\17FER1.SGM
17FER1
8946
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
Document
ADAMS accession No./web link/Federal Register Citation
FY 2021 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide.
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 amending 10 CFR parts 2
and 171 as follows:
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,
ML21105A750.
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
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.
*
*
*
*
*
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
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:
3. The authority citation for part 171
continues to read as follows:
■
TABLE 1 TO PARAGRAPH (c)
Maximum
annual fee
per licensed
category
lotter on DSK11XQN23PROD with RULES1
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):
$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 ............................................................................................................................................................
VerDate Sep<11>2014
15:53 Feb 16, 2022
Jkt 256001
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
E:\FR\FM\17FER1.SGM
17FER1
$4,900
1,000
4,900
1,000
4,900
1,000
4,900
1,000
4,900
1,000
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations
*
*
*
*
*
Dated: January 27, 2022.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2022–03146 Filed 2–16–22; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 16
[Docket No. TTB–2022–0001; Notice No.
208]
Civil Monetary Penalty Inflation
Adjustment—Alcoholic Beverage
Labeling Act
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notification of civil monetary
penalty adjustment.
AGENCY:
This document informs the
public that the maximum penalty for
violations of the Alcoholic Beverage
Labeling Act (ABLA) is being adjusted
in accordance with the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended. Prior to the
publication of this document, any
person who violated the provisions of
the ABLA was subject to a civil penalty
of not more than $21,633, with each day
constituting a separate offense. This
document announces that this
maximum penalty is being increased to
$22,979.
DATES: The new maximum civil penalty
for violations of the ABLA takes effect
on February 17, 2022 and applies to
penalties that are assessed after that
date.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Vonzella C. Johnson, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
(202) 508–0413.
Background
lotter on DSK11XQN23PROD with RULES1
Statutory Authority for Federal Civil
Monetary Penalty Inflation Adjustments
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act), Public Law 101–410,
104 Stat. 890, 28 U.S.C. 2461 note, as
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015, Public Law 114–74, section
701, 129 Stat. 584, requires the regular
adjustment and evaluation of civil
monetary penalties to maintain their
VerDate Sep<11>2014
15:53 Feb 16, 2022
Jkt 256001
deterrent effect and helps to ensure that
penalty amounts imposed by the
Federal Government are properly
accounted for and collected. A ‘‘civil
monetary penalty’’ is defined in the
Inflation Adjustment Act as any penalty,
fine, or other such sanction that is: (1)
For a specific monetary amount as
provided by Federal law, or has a
maximum amount provided for by
Federal law; (2) assessed or enforced by
an agency pursuant to Federal law; and
(3) assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
The Inflation Adjustment Act, as
amended, requires agencies to adjust
civil monetary penalties by the inflation
adjustment described in section 5 of the
Inflation Adjustment Act. The Act also
provides that any increase in a civil
monetary penalty shall apply only to
civil monetary penalties, including
those whose associated violation
predated such an increase, which are
assessed after the date the increase takes
effect.
The Inflation Adjustment Act, as
amended, provides that the inflation
adjustment does not apply to civil
monetary penalties under the Internal
Revenue Code of 1986 or the Tariff Act
of 1930.
Alcoholic Beverage Labeling Act
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers the
Federal Alcohol Administration Act
(FAA Act) pursuant to section 1111(d)
of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01, dated
December 10, 2013 (superseding
Treasury Department Order 120–01,
dated January 24, 2003), to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
The FAA Act contains the Alcoholic
Beverage Labeling Act (ABLA) of 1988,
Public Law 100–690, 27 U.S.C. 213–
219a, which was enacted on November
18, 1988. Section 204 of the ABLA,
codified in 27 U.S.C. 215, requires that
a health warning statement appear on
the labels of all containers of alcoholic
beverages manufactured, imported, or
bottled for sale or distribution in the
United States, as well as on containers
of alcoholic beverages that are
manufactured, imported, bottled, or
labeled for sale, distribution, or
shipment to members or units of the
U.S. Armed Forces, including those
located outside the United States.
The health warning statement
requirement applies to containers of
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
8947
alcoholic beverages manufactured,
imported, or bottled for sale or
distribution in the United States on or
after November 18, 1989. The statement
reads as follows:
GOVERNMENT WARNING: (1) According
to the Surgeon General, women should not
drink alcoholic beverages during pregnancy
because of the risk of birth defects. (2)
Consumption of alcoholic beverages impairs
your ability to drive a car or operate
machinery, and may cause health problems.
Section 204 of the ABLA also
specifies that the Secretary of the
Treasury shall have the power to ensure
the enforcement of the provisions of the
ABLA and issue regulations to carry
them out. In addition, section 207 of the
ABLA, codified in 27 U.S.C. 218,
provides that any person who violates
the provisions of the ABLA is subject to
a civil penalty of not more than $10,000,
with each day constituting a separate
offense.
Most of the civil monetary penalties
administered by TTB are imposed by
the Internal Revenue Code of 1986, and
thus are not subject to the inflation
adjustment mandated by the Inflation
Adjustment Act. The only civil
monetary penalty enforced by TTB that
is subject to the inflation adjustment is
the penalty imposed by the ABLA at 27
U.S.C. 218.
TTB Regulations
The TTB regulations implementing
the ABLA are found in 27 CFR part 16,
and the regulations implementing the
Inflation Adjustment Act with respect to
the ABLA penalty are found in 27 CFR
16.33. This section indicates that, in
accordance with the ABLA, any person
who violates the provisions of this part
is subject to a civil penalty of not more
than $10,000. Further, pursuant to the
provisions of the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended, this civil penalty is subject to
periodic cost-of-living adjustments.
Accordingly, any person who violates
the provisions of 27 CFR part 16 is
subject to a civil penalty of not more
than the amount listed at https://
www.ttb.gov/regulation_guidance/
ablapenalty.html. Each day constitutes a
separate offense.
To adjust the penalty, § 16.33(b)
indicates that TTB will provide notice
in the Federal Register, and at the
website mentioned above, of cost-ofliving adjustments to the civil penalty
for violations of 27 CFR part 16.
Penalty Adjustment
In this document, TTB is publishing
its yearly adjustment to the maximum
ABLA penalty, as required by the
amended Inflation Adjustment Act.
E:\FR\FM\17FER1.SGM
17FER1
]]>Agencies
[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8943-8947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03146]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 /
Rules and Regulations
[[Page 8943]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending 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. The purpose of these size standards is for reducing
annual NRC license fees for small entities. These standards do not
apply to the NRC's contracts for goods and services. The NRC is
increasing the upper and lower tiers for its receipts-based small
entity size standards for small businesses and small not-for-profit
organizations. This change allows NRC standards to remain consistent
with the inflation adjustments made by the Small Business
Administration size standard for nonmanufacturing concerns. In
addition, in accordance with the Small Business Runway Extension Act of
2018, the NRC is changing 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.
DATES: This final rule is effective on March 21, 2022.
ADDRESSES: 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. 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 final rule.
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, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document. For the convenience of the
reader, instructions about obtaining materials referenced in this
document are provided in the ``Availability of Documents'' section of
this document.
FOR FURTHER INFORMATION CONTACT: Jo 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. Background
II. Discussion
III. Public Comments
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. Congressional Review Act
XI. Voluntary Consensus Standards
XII. Availability of Guidance
XIII. Availability of Documents
I. 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.'' These
standards were established on December 9, 1985 (50 FR 50241), when the
NRC implemented the requirements of the Regulatory Flexibility Act of
1980, as amended (RFA). 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. The NRC's current size
standards under Sec. 2.810 are based on the Small Business
Administration's (SBA) 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 materials 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
[[Page 8944]]
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 revisions to the receipts-based size standards in
Sec. Sec. 2.810 and 171.16(c) to adjust for inflation were 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 Small Business Runway Extension Act of 2018 (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 of adjustments for inflation 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 the NRC does not
have separate statutory authority to issue size standards. Accordingly,
the NRC has sent this final rule to SBA for review and has received the
approval of the SBA Administrator.
II. Discussion
The NRC is amending 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 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 amending 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 inflation adjustment in Sec. 2.810,
the NRC is amending 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 increasing the lower-tier receipts-based size
standard from $485,000 to $555,000, based upon the percent change in
the upper tier.
III. Public Comments
The NRC published a proposed rule on July 26, 2021 (86 FR 39980),
and requested public comment on its proposed revisions to 10 CFR parts
2 and 171. The comment period on the proposed rule closed on August 25,
2021. The NRC did not receive any public comments on the proposed rule.
IV. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980, as amended (RFA), the
Commission certifies that this final rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
This final rule is administrative in that this final 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 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 adjustments for
inflation. The NRC has not revised the receipts-based size standards in
Sec. Sec. 2.810 and 171.16(c) since 2012 and 2013, respectively;
therefore, this final rule includes adjustments for inflation. This
final rule amends 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 adjustments for inflation made to
the SBA's size standard for nonmanufacturing. In addition, this final
rule amends Sec. 171.16(c) to increase the lower-tier receipts-based
size standard from $485,000 to $555,000, consistent with 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 final rule provides the following
benefits and costs:
Benefits
This action will result in continued compliance with the
RFA, since the final rule will 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 are
being adjusted, the staff estimates that 95 additional licensees (a 12-
percent increase) will potentially 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, as stated in SECY-20-0111,
``Rulemaking Plan to Amend the Receipts-Based NRC Size Standards (NRC-
2014-0264),'' (ADAMS Accession No. ML20268B327), that the NRC will
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 will likely need to
[[Page 8945]]
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, because the NRC is amending the receipts-based size
standards to adjust for inflation, the NRC also is amending the average
gross-receipts from a 3-year averaging period to a 5-year averaging
period pursuant to the Runway Act.
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 final 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 expected to be small and would not be passed onto other NRC's
applicants and licensees. 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
adjustments for inflation.
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 final 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).
VIII. National Environmental Policy Act
The NRC has determined that this final rule is the type of action
described in Sec. 51.22(c)(1). Therefore, neither an environmental
impact statement nor environmental assessment has been prepared for
this final rule.
IX. Paperwork Reduction Act
This final 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. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). However, the Office of Management and Budget
has not found it to be a major rule as defined in the Congressional
Review Act.
XI. 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 final rule, the action
does not constitute the establishment of a standard that contains
generally applicable requirements.
XII. 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. As part of a future
fee rule, the NRC will update the Small Entity Compliance Guide to
reflect to changes in Sec. Sec. 2.810 and 171.16(c). The FY 2021 Small
Entity Compliance Guide is available as indicated in the ``Availability
of Documents,'' section of this document.
XIII. Availability of Documents
Documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS accession No./web link/
Document Federal Register Citation
------------------------------------------------------------------------
Public Law (Pub. L.) 115-324, ``Small https://www.congress.gov/115/
Business Runway Extension Act of plaws/publ324/PLAW-
2018''. 115publ324.pdf.
NRC Size Standard for Making 50 FR 50241.
Determinations Required by the
Regulatory Flexibility Act of 1980
(December 9, 1985).
Revision of Fee Schedules; 100 Percent 56 FR 31507.
Fee Recovery (July 10, 1991).
NRC Form 526, ``Certification of Small https://www.nrc.gov/reading-rm/
Entity Status for the Purposes of doc-collections/forms/
Annual Fees Imposed under 10 CFR Part nrc526.pdf.
171''.
Receipts-Based, Small Business Size 77 FR 39385.
Standard; Direct Final Rule (July 3,
2012).
Revision of Fee Schedules; Fee Recovery 78 FR 39479.
for Fiscal Year 2013 (July 1, 2013).
Survey of NRC's Materials Licensees.... 85 FR 6225.
Small Business Size Standards: 84 FR 66561.
Calculation of Annual Average
Receipts; Final Rule (December 5,
2019).
Small Business Size Standards: 84 FR 34261.
Adjustment of Monetary-Based Size
Standards for Inflation.
Receipts-Based NRC Size Standards; 86 FR 39980.
Proposed Rule (July 26, 2021).
SECY-20-0111, ``Rulemaking Plan to ML20268B327.
Amend the Receipts-Based NRC Size
Standards (NRC-2014-0264).
[[Page 8946]]
FY 2021 U.S. Nuclear Regulatory ML21105A750.
Commission Small Entity Compliance
Guide.
------------------------------------------------------------------------
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 amending
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):
$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
------------------------------------------------------------------------
[[Page 8947]]
* * * * *
Dated: January 27, 2022.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2022-03146 Filed 2-16-22; 8:45 am]
BILLING CODE 7590-01-P
