ML20141J114
| ML20141J114 | |
| Person / Time | |
|---|---|
| Issue date: | 05/02/1997 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-62FR26219, RULE-PR-2 AF68-2-002, AF68-2-2, NUDOCS 9705270247 | |
| Download: ML20141J114 (8) | |
Text
. -. -. - -. -. -
Cen te SECE I
C W m:c;:n Fo OEco of te wJw WflMesten
~
4l-
[7 k h.]
)
l NUCLFAR REGUIATORY COMMISSION y/ Mgy 2j pp;j3 j
t 10 CFR Part 2 OFFICE OF SECRETARY i
RIN: 3150-AF68 DOCKETING & SERVICE' BRANCH Informal Small Entity Guidance DOCKET NUMBER AGENCY: Nuclear Regulatory Commission.
gg g h
,2, ACTION:. Final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations to add a provision that provides'a method for small entities to contact the NRC for assistance in interpreting'or complying with regulatory requirements.
The final rule is necessary to comply with the Small Business Regulatory Enforcement Fairness Act.- The final rule describes how the NRC i
will assist small entities that c.re licensed by the NRC.
/3,If11 ErFECTIVE DATE: (D:t: Of ;;ilic t :n in th; "edesel Resistes).
FOR.FURTHER INFORMATION CONTACT:
David L. Meyer, Chief, Rules Review and Directives Branch, Offica of Administration, Washington, DC 20555-0001; telephone 301-415-7162; Web address http://www.dlaienrc. gov, or Michael T. Lesar, Chief, Rules Review Section, Rules Reviewfand Directives Branch, Office of 1
Administration, Washington, DC 20555-0001; telephone 301-415-b l
7163; Web address http://www.mtlenrc. gov.
small businesses can l
f 35//
2 52g247970502 h, g g[jyp7 1
2 62FR26219 PDR GT 42FRMat9 f(L
=.
_._.__.._._..m l'
'j obtain information from the commissions hotline telephone system i
i by calling 1-800-368-5642.
SUPPL 1EMENTARY INFORMATION:
Background
i In March 1896, Congress enacted the Small Business Regulatory Enforcement Fairness Act (SBREFA), Public Law 104-121.
f congress found this legislation necessary because "small i
~
businesses bear a disproportionate share of regulatory costs and j
burden" and " fundamental changes... are needed in the i
i regulatory and enforcement culture of Federal agencies" to make them moia responsive to small businesses (Sections 202(2) and (3) l of the Act).
simplifying compliance subtitle A of SBREFA provides a number of initiatives that i
are intended to make it easier for small entities to understand and comply with agency regalations.
In particular, the subtitle provides that, "Whenever appropriate in the interest of administering statutes and regulations within the jurisdiction of an agency, it shall be the practice of the agency to answer inquiries from small entities concerning information on and advice about compliance with such statutes and regulations."
Agencies are expected to interpret and apply the law, or regulations implementing the law, to specific sets of facts that are supplied by the small entity.
Furthermore, agencies are
- required to establish a program to receive and respond to these types of inquiries.
2
l The NRC and Small Entities
[
Since the Regulatory Flexibility Act was enacted in 1930, j
the NRC has considered the special needs of small businesses and i
has worked.to adpass them.
In 1983, the NRC surveyed its materials liceqsees to create an economic profile sufficient to j
considir regulatory alternatives tailored to the size of the licensee.
After analyzing the data and consulting with the small l
Business Administration (SBA), the NRC developed size standards l'
i to determine which of its licensees would qualify as small
)
entities for the purposes of compliance with the Regulatory Flexibility Act (50 FR 50241; December 9, 1985).
In 1993, the NRC completed a second survey to update the
)
l
-economic profile of its materials licensees.
Subsequently, the 1
i NRC. revised its size standards on April 11, 1995 (60 FR 18344).
The revised size standards included separate standards for business concerns that are manufacturing entities, adjusted its receipts-based size standard to accommodate inflation, eliminated the separate $1 million size standard for private-practice physicians and applied the revised receipts-based size
. standard of $5 million to this class of licensees, and codified the size standards in 52.810 of 10 CFR.
The NRC has considered the economic impact of its regulatory actions on small entities.
In particular, the NRC used its size standards to tier the annual license fee imposed by the NRC's final rules implementing the Omnibus Budget Reconciliation Ac,t of 1990 (56 FR 31472; July 10, 1991 and subsequent years), thereby reducing the impact 3
- ~.
l-of the fee rules on small entities.
1 In this and other areas, the NRC has responded to the comments and suggestions it has received from small entities.
The NRC intends to continue and improve its responsiveness to the questions and'opncerns of small entities.
This regulation l
l establishes a means for small entities to contact the NRC to receive the type of informal compliance assistance contemplated by SBREFA.
Administrative Procedure Act Waiver l
Generally, the Administrative Procedure Act (APA) requires I
I agencies to publish a notice of proposed rulemaking and provide opportunity for public comment before issuing a rule.
5 U.S.C.
l 553.
However, these requirements do not apply when the agency finds that they are amendments dealing with agency practice and procedure. 5 U.S.C. 553 (b) (3) ( A).
The Commission finds for good cause thr.t notice of proposed rulemaking and public participation are unnecessary because the rule is a matter of agency practice; l
e.g.,
the establishment of a telephone number to facilitate l
interaction with the small entities licensed by the Commission.
/3 691 The rule shall be effective on (det, % li-, tie.. i.. the of y Feder:1.";;ietes).
The APA requires that a substantive rule be published at least 30 days before its effective date, unless the agency finds for good cause that such delay is not needed.
5 U.S.C. 553(d)(3).
The Commission finds good cause for the rule
{
issued below to become effective immediately because the
-amendments are of an administrative nature concerning a matter of l
l 4
i I
_. _. _.. ~. _ _. _ _ _ _.. _.. _. _. _.
l
.. ~
I i
j.
agency conduct, the establishment of a telephone number to 4
facilitate interaction with the small entities licensed by the Commission.
i r
l-Environmental Impact: ' Categorical Exclusion i
i L
The NRC has determined that this final rule is the type of 1j' action described in categorical exclusion 10 CFR 51.22 (c) (1).
i'
.Therefore neither an environmental impact' statement nor an 1
l environmental assessment has been prepared for this final rule.
?
Paperwork Reduction Act Statement i
l' This final rule contains no information collection j
i requirements and, therefore, is not subject to the requirements
^
of the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.).
List of
Subject:
In 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear Materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.
For the reasons set out in the preamble and under the i
authority of the Atomic Energy Act of 1954, as amended; the i
Energy Rec 2ganization Act of 1974, as amended; the Small Business Regulatory Enforcement Fairness Act; and 5 U.S.C.
552 and 553, the NRC is adopting the following amendment to 10 CFR Part 2.
5
Part 2--RULES OF PRACTICE FOR DOMESTIC LICENSING. PROCEEDINGS.AND ISSUANCE OF ORDERS-1.
The authority citation for Part 2 continues to read as 1
follows:
AUTHORITY:. Secs. 161, 181, 68 Stat. 948, 953, as-amended (42 U.S.C. 2201, 2233); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241) ; sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932,.933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092,'2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L.97-425, 96 Stat. 2213, as amended (42 U.S.C.
10134(f)); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 6d Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C.
2132, 2133, 2134, 2135, 2233, 2239).
Section 2.105 also issued under tub. L.97-415,'96 Stat. 2073 (42 U.S.C.
2239).
'ections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186,- 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C.
2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1
1246 (42 U.S.C. 5846).
Sections 2.600-2.606 also issued under l
sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C.
4332).
Sections 2.700a, 2.719 also issued under 5 U.S.C. 554.
-Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C.
557.
Section 2.764 and Table 1A of Appendix C also issued under 6
_ _. _ _ =. _ _ _ -. _. _ _. - _ _ _.. _ _ _.
8 secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.
10155, 10161).
Section 2.790 also issued under sec. 103, 68 l
Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C.
552.
Sections 2.800 and 2.808 also issued under 5 U.S.C.
553.
Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L.'85-256, 1
71 Stat. 579, as amended (42 U.S.C. 2039).
Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).
Subpart L also issued i
under sec. 189, 68 Stat. 955 (42 U.S.C. 2239).
Appendix A also issued under sec.
6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C.
l 2135). Appendix B also issued under sec. 10, Pub. L.99-240, 99 Stat. 1842 (42 U.S.C.
2021b et seq.).
2.
In S2.810, paragraph (f) is added to read as follows:
$2.810 NRC size standards.
l (f) Whenever appropriate in the interest of administering statutes and regulations within its jurisdiction, it is the i
practice of the NRC-to answer inquiries from small entities concerning information on and advice about compliance with the statutes and regulations that affect them.
To help I
i' 7
i i
l small entities obtain information quickly, the NRC has established a toll-free telephone number at 1-800-368-5642.
Dated at Rockville, Maryland, this[ day of A.l.&,, 1997.
p l
For the Nuclear Regulatory Commission.
l l
l l
l L. Jos
- Callan, Execut e Director for Operations.
l l
l l
l i
I 1
l l
i 1
I j
i I
4 a
8 h
f 1
t
-