ML20203G458

Discusses Regulatory History Procedures for Final Rule, Informal Small Entity Guidance (10CFR2)

ML20203G458
Person / Time
Issue date:	05/15/1997
From:	Golden B NRC OFFICE OF ADMINISTRATION (ADM)
To:	Katoski A NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20203G270	List: ML20203G263 ML20203G344 ML20203G372 ML20203G387 ML20203G408 ML20203G420 ML20203G447 ML20203G458
References
FRN-62FR26219, RULE-PR-2 AF68-2-011, AF68-2-11, NUDOCS 9803020326
Download: ML20203G458 (4)

Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION Q((

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• • • • • May 15,1937 MEMORANDUM TO: Alice Katoski Office of Administration FROM: Betty Golden b "y W-%

Rules and Directives Branch Division of Administrative Services Office of Administration

SUBJECT:

REGULATORY HISTORY PROCEDURES - INFORMAL SMALL ENTITY GUIDANCE (10 CFR PART 2)

In a memorandum dated April 5,1985 (copy attached), the Executive Director for Operations established procedures 'or ensuring that a complete regulatory history is compiled for each rulemaking action undertaken by an office under his purview. These procedures are applicable to any proposed or final rule submitted for publication in the Federal Register after April 5,1985. Briefly, these pro edures require that--

Documents of central relevance to a rulemaking be maintained, and identified for a source of access; and An index of documents comprising the regulatory history be developed and subn itted to the Rules and Directives Branch (RDB) within 60 days after the rulemaking is completed.

The rulemaking that amends the Commission's 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, was published in the Federal Register on May 13,1997 (62 FR 26219). You should forward the completed index for this notice to the RDB (T6-D59) by July 15,1997. In your transmittal memorandum to NUDOCS. olease include the title of the rule. the complete Federal Reaister citation and a listina of all parts affected by the document.

9803020326 9802'2S PDR PR 2 62FR26219 PDR

Alice Katoski You should place the designator "AF68-2"in the upper right-hand corner of each document centrally relevant to the rulemaking, including the transmittal memorandum, that you send to the Nuclear Document System (NUDOCS), Mail Stop OWFN P1-17.

Each document transmitted to NUDOCS that can be made available to the public should be marked "PDR"in the upper right-hand corner of the front page. Documents that cannot be mcde available to the public should be marxed "CF" (Central Files) in the upper right-hand corner of the first page. In addition, CF documents should be grouped after the PDR documents to str'amline the microfiching process.

Check all attachments to cach document marked "PDR" to ensure that no documents to be withheld are inadvertently released. SECY Papers concerning rulemaking issues are generally released to the public. The Staff Requirements Memorandum (SRM) generally contains instructions from SECY that indicate when and if a SECY Paper, the SRM, and Commission vote sheets may be made available to the public. Any questions concern:ng the release of any SECY Paper, SRM, or Commissioner vote sheet must be coordinated with the Office of the Secretary. Commissian vote sheets may be released to the puulic if so stated on the vote sheet, Commission vote sheets and SECY Papers that are to be withheld should be marked " Central Files only."

Approximately two weeks after you submit the documents to the NUDOCS you should receive a computer printout listing the documents you submitteo to the NUDOCS. If you do not receive this printout within two or three weeks, cail the Customer Support System, IRM, (415-1234), you will then be transferred to NUDOCS. You should forward a copy of this printout, which comprises the regulatory history index, to the RDB.

If you cannot meet the July 15,1997, deadline, please let me know. If you have any questions, please call me at 415-6863.

Attachment:

As stated

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[ \p UNITEO STATES NUCLEAR REGULATORY COMMISSION 3 i wAsniwofow.o.c. nosas APR 0 51985

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MEMORANDUM FOR:

Robert 8. Minogue Director Office of Nuclear Regulatory Researcn Harold R. Denton, Director Office of Nuclear Reactor Regulation John G. Davis, Director J

Office of Nuclear Material Safety & Safeguards James M. Taylor, Director Office of Inspection and Entarcement Patricia G. Norry, Director

' Office of Administration Guy H. Cunningham, 111 Executive Legal Directnr G. Wayne Kerr, Director Office of State Program; Clemens J. Heltemes, Jr., Director Office for Analysis and Evaivation cf Operational Data 4

James R. Shea, Director Office o' International Programs FROM: killiam J. Dircks Executive Director for Operations

SUBJECT:

REGULATORY HISTORY PROCEDURES In a February 15,1985 memorandum to Chairman Palladino, issued jointly with the Office of General Counsel. I it. formed the Chairman that procedures would be developed for the creation of a regulatory history of each preposed and final rulemaking initiated by the offices reporting to the EDO.

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This memorandum outlines the individual office responsibilities for the implementation of the regulatory history procedures. The objective of the regulatory history is to ensure that all documents of central relevance to a particular rulemaking are identified and accessible. This will facilitate the resolution of any issues that may arise concerning the interpretation of a particular regulation. The following procedures will be applicable to any proposed or final rule submitted to the Federal Register for publication after the date of this. memorandum. Th Rules and Procedures Branch Office

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. 2-of Administration, will provide further infomation on these procedures, as in the periodic revision of the NRC Regulations Handbook, necessary, HUREG/BR-00 53.

Program office Responsibilities _

Each office that sponsors a proposed or final rulemaking shall ensure that:

1. all documents of central relevance to the factual basis, coverage, nearing, and historical development of the rulemaking are identified, and maintained during the course of the rulemaking. Although the Project Maaager's judgment will be necessary in some instances to detemine whether specific documents are of " central relevance" to a rulemaking, the following documents should be included:

the Office of Nuclear Regulatory Research (RES) Independent Review Package (containing the RES reconnendations on whether to proceed with the rulemaking, the sponsoring Office's recommendation to proceed with rulemaking, and the evaluation of the rulemaking proposal against the six criteria required for the RES Independent Review)

J. - prior drafts of the rulemaking transmitted for interoff. ice review

. fonnal Office connents on the drafts submitted for interoffice review source documents relied upon in preparing the draft rule (e.g.

research studies, consensus standards endorsed in the draft rule) documents which synthesize or organize data in a fons relied upon in the draft rule supporting documentation such as the regulatory analysis, the Cost Analysis Group Report, environmental assessment or environmental impact statement, regulatory flexibility analysis, and OMB Clearance Package public comments sutnitted in response to a Petition for Rulemaking, an Advanced Motice of Proposed Rulemaking, or a Motice of Proposed Rulemaking

.. Committee to Review Generic Requirements (CRGR) minutes and recessendations conc'erning the draft rule .

. the ACR$ _ consents on the draft rule ,

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the Comission Paper transmitting the draf t rule to the Comission or the memorandum transmitting the rule to the E00 for approval 4

the transcript'or sumary of the Comission meeting or briefing on consideration of the draft rule ,

the Staff Requirements memo containing the Comission recommendations on the draft rule

. the Federal Register Notice for the rule (Petition for Rulemaking, Advanced Notice of Proposed Rulemaking. Notice of Proposed Register noticeRulemaking.

issued concerningFinaltheRule, rule or any)other Federal

. any other documents of central relevance (e.g. interagency correspondence, agreement state correspondence)

Documents that fall within any of the above categories must be typewritten rather than handwritten to permit conversion into microfiche by the Document Control System (DCS). If the only record of substantive office review comments on a draft rule are contained as handwritten annotations on the draft itself, the Project Manager should sumarize these. coments in a typed note to the file,

2. At the completion of a particular rulemaking action. i.e.

publication of the proposed or final rule, the project manager shall c.ompile an index of all documents that comprise the regulatory history file. The Project Manager is responsible for identifying a source of access for each. document listed.

For internal documents, this will require the Project Manager to ascertain whether each document listed is available in the DCS. TheProjectMana not already available.ger in the DCS must ensure is placed thatand in the DCS. anythat internal documen the record's accession number is identified for each document on the index. In the case of published documents (e.g. NUREGS.

Nils publications, books, articles, etc.), it will be sufficient to include the bibliographic citation for that document. The Project Manager shall forward the completed index to the Rules and Procedures Branch Office of Administration, within sixty days afte. the completion of the rulemaking. The title of the index, and the file, should be the name of the rule and applicable NRC citation (e.g,10 CFR Part 50) as it appears in the Federal

• Register notice, the Federal Register citation and date of publication.

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.L Office of Administration The Rules and Procedures Branch, Office of Administration, will be responsible for ensuring that a completed index of the documents comprisin.g the regulatory history has been compiled for each proposed and final rulemaking. The Rules and Procedures Branch is tiso responsible for retaining the index and for disseminating copies of the index to interested NRC offices, gipesWimas 1.Dittia William J. Dircks Executive Director for Operations cc: Herzel H.E. Plaine, GC DISTRIBUTION FXCameron WJ0lmstead OELD R/F OELD S/F Regs P/F Central File EDO R/F EDO 223 HDircks JRoe 1Rehm Y$tello Regional Administrators RM ps '

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f Federd Regitr / Vol. 62, No. 92 / TuTsday, May 13, 1997 / Rules ad Reguhtlons 26219 TABLE 1.--EVALUATION OF E. COu TEST RESULTS Maximum Types of pouttry Lower km t of marginal range Upper hmet of marginal range Number of aample tested 5$

ginal range (M) (n) (c)

(m) 1,000 CFU/mi . 13 . 3 Checkens 100 CFU/mi . ,

NA NA, Turkers . . .

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• Not available; values for turkeys will be added upon completion of data conection program for turkeys.

contact the NRC for assistance in are expected to interpret and apply the (ll) For types of poultry appearing in law, or regulations implementing the paragraph (a)(5)h) Table 1 of this section interpreting or complying with law, to specific sets of facts thas are that do not have m/M criteria, regulatory requirements. The fir;al rule establishments shall evaluate E. coil test is necessary to comply with the Small supplied by the small entity, Business Regulatory Enforcement Furthermore, agencies are required to results using statistical procesa control establish a program to receive and techniques. Fairness Act. The final rule describes

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• how the NRC will assist small entities respond to tLese types of inquiries.

that are licensed by the NRC. Thr NRC and Small Entities PART 416--SANIT ATION EFFECTIVE DATE: May 13,1997. Since the Regulatory Flexibility Act

7. The authority citation for part 416 FOR FURTHER INFORMATION CONTACT was enacted in 1980, the, NRC has David I. Meyer, Chief, Rules Review concidered the special needs of..aan continues to reads as bliows:

""d D' '" . s B anch Office of businesses and has worked to address Authority: 21 U.S C 451 / ' O rio t-69S: 7 Ad in t au n, W langton, DC 20555- them. In 1983, the NRC surveyed its U.S C 450.1901-1906; 7 0 2 18,2.53.

00(" tnlophone 301-415-71S2; Web materials licensees to create an

8. Section 416.15 is . anded by ada ,tt p://www.dlm1@nrc.go g, or economic profile suiticient to consider revising paragraph (b) to read as follows: Mic' T.1.esar, Chief, Rules Review regulat alternatives tailored to the S" R"I S R" VIP 8"d I size of th licensee. After analyzing the i 416.15 Corrective Actions. U""' Office of Administration, Branch. data and consulting with the Small Washington, IX' 20555-0001; telephone Business Administ' ration (SDAl, the (b) Corrective actions include 301-115-7163; Web address http:// NRC developed size standards to procedures to ensure appropriate www.mtl@nrc. gov. Small businesses determine which of its licensees would disposition of product (s) that may be can obtain information from the qualify as small entities for the purposes contaminated, restore sanitary Commission's hotline telephone system of compliance with the Regulatory conditions, and prevent the recurrence by calling 1-800-368-5642. Flexibility Act (50 FR 5024 i; December of direct contamination or adulteration 9 I9 SUPPLEMENT ARY INFORMATION:

of product (s), including appropriate reevaluation and modification of the Background survey to update the economic prnille of Sanitation SOP's and the procedures in March 1996, Congress enacted the its materials hcansees. Subsequently, Small Business Regulatory Enforcement the NRC revised its size standards on Provement in e t t on of the Fairness Act (SUREFA), Public 1.aw April 11,1995 (60 FF 18344). The J, anitation SOP.s or the pmcedures 104-121. Congress found this legislation revised size standards included separate 8Pocified therein. necessary because "small businesses standards for business concerns that are Done at Washington, DC, on May 7,1997. bear a disproportionate share of manufacturing entition, adjusted its Thomas ). Ililly, regulatory costs and burden" and receipts-based size star.dard to Administmtor. " fundamental changes * *

• are needed accommodate inflation, eliminatvl the in the regulatory and enforcement sepsrate $1 million size standarr', for IR Doc. 97-12397 Filed 5-7-97; 3 21 pml culture of Federal agencies' to make private-practice physicians and applied awau coot ww the revised receipts. based tire standard them more responsive to small businesses (Sections 202 (2) and (3) of of SS million to this class of licensees.

the Act). and codified the size standards in NUCLEAR REGut.ATORY S 2.810 of 10 CFR. The NRC has COMMISSION S,mplifying Compliance i considered the economic hupact of its Subtitle A of SbREFA provides a regulatory actians on small entitis.a. In 10 CFR Part 2 number of initiativer, that are intended particular, the NRC used its size RIN 3150-AF68 to make it easier for small entities to standards to tier the annuallicense fee understand and comply with agency imposed by the NRC's final rules informal Small Entity Guidance regulations. In particular, the subtitle implementing the Omnibus Budget AGENCY: Nuclear Regulatory provides that,"Whenever appmpriate in Reconciliation Act of 1990 (56 FR Commission. the interest of administering statutes 31472; July 10,1991 and subsequent and regulations within the jurisdiction years), thereby reducing the impact of ACTION: Final rule.

of an agency, it shall be the practice of the fee rules on small entities.

SUMMARY

The Nuclear Regulatory the agency to answer inquiries from in this and other areas, the NRC has Commission (NRC) is amending its smcIl entities concerning information responded to the comments and regulations to add a provision ht on and advice about compliance with suggestions it has received rrom small provides a method for small entities to such statutes and regulations." Agencies entities. The NRC intends to continue i

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20220 Federal Regisler / yol. 62, No. 92 / 'luesday, May 13. 1997 / Rule and Regulations

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p, and improve its responsiveness to the For the reasons i.et out in the infor on on and advice about to l questions and concerns of small entities. preatable and under the authority of the comp.4nce with the statutes and R1 This regulation establishes a means for Atomic Energy Act of 1954, as amended; regulations that affect them. To help pl smill entities to contact the NRC to the Energy Reorganization Act of 1974, small entities obtain inforrnation R receive the type of informal compliance as amended; the Small Husiness quickly, the NRC has established a toll. c<

assistance contemplatrd by SHREFA. Regulatory Enforcement Fairness Act; free telephone number at 1-800-368- r.

an U.S.C. 552 and 553, the NRC is 5642, e Administrative Procedure Act Waiver i adopting the following amendment to Dated at RochiHe, Maryland this 2nd day G,enerally, the Administraltwe 10 CFR Part 2. of May,1997. I Procedure Act (APA) requires agencies ror the Nuclear Regulatory Commission.

to publish a notice of proposed PART 2-RULES OF PRACTICE FOR 1 rulernaking and provide opportunity for DOMESTIC LICENSHIO PROCEEDINGS LID'ePh Callan, y public cornment tmfore issuing a rule. 5 AND ISSUANCE OF O'tDERS E" cute threctorfor operutions. I U.S.C. 553. Ilowever, these .

(FR Doc. 97-t 246a Filed 5 12-97; 8.45 am) i L The authority citation for Part 2 requirements do not apply when the ' "**;

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agency finds that they are amendments '"" 3 $*"8 '" '" t dealing with agency practice and Authority: e a, ia t,6a Stat. 948, I pnmodure 5 U.S.C. 553 (b)(3)(A). The '53 ** amer 2 U.S C 2201,223 h sec.

FEDERAL RESERVE SYSTEM i Commission finds for good cause that 19 . as anu no. Pub L a7-615. 76 Stat. 409 3

. (42 U S C 2241), sec. 201, as Stat.1242, as notice of proposed rulemaking and amended (42 U.S C Sa41),5 U.S C 552. 12 CFR Part 229 public participation r to unnecessary Section 2.101 also issued under secs. 53. [ Reg. CC; Docket No. R-0970) }

tmcause the rule is a matter of agency 62,63, BL 103. tot 105. 68 Stal 930. 932, '

pr actice; e g., tha establishmont of a 933.935.936.937,938,as arnen jed (42 Availability of Funds anct Collection of telephone numtwr to facilitate U S C 2073,2092. 2093. 2111,2133. 2134. Checks Inter tion with the small entities 2135L sec.114(0, Pub. L 97-425. 96 Stat. '

licensed by the Commission. 2213. as amended (42 U.S C 10134(0), sec, AGENCY: Hoard of Governors of the I

Thu rule shall be effec:ive on May 13, 102. Pub. L 91-190 al Stat. a53, as amended Federal Reserve System. +

1997. The APA n. quires that a (42 U.S C 09; sec. 301, as Stat. 1248(42 ACTION: Final rule; technical substantive rule be published at least 30 U.S C 5871,. sections 2.102.2.103.2.104, amendment, days imfore it. eifective date, unless the zam. 232i also issued under seca. 102,103, agency finds for good cause that such 3 * '"' 3 83' 3 8 "" 8' '38' 8 3 2' '3"*

SUMMARY

The Board is publishing delay is not needed. 5 U.S.C. 553(d)(3).

The Commission finds good cause for

3[223 3 23 S on 2 to als issued under Pub. L 97-415,96 Stat. 2073 technical amendments to Appendix A of Regulati n CC. The amendments will the rule issued below to become (42 U.S C 2239). Seuions 2.200-2.206 also c nform Appendix A to a realignment effective immediately because the issuco under secs.161r i, o,182,186. 234, in Federal Reserve check. processing amendments are of an administrative r,8 Stat. 948-951. 955, a3 Stat. 444, as regions by adding the First District r ature concerning a matter of agency amended (42 U.S C 2201 (b),(i), (o). 2236, touting numbers formerly assigned to conduct, the establishment of a 2282L sec. 206 as Stat 1246 (42 U.S C 5846). the Lewiston check. processing region to telephone number to facilitate Secu ns 2m2.606 also issued under sec. the Boston llead Office.

interaction with the small entities

" "d'd g'4 2 'U 33b Sbi ms 2l7 ',2319 aI EFFECTIVE DATE: October 27,1997.

licensed by the Crmmission. issued under 5 U.S.C 554. Sections 2354 FOR FURTHER INFORMATION CONTACT:

1:nvironmental Impact: Categorical 2360. 2370,23a0 also issued under 5 U.S C Stephanie Martin, Senior Attorney (202/

Exclusion 557. Secu n 2384 and Table !A of Appendit 452-3198), or Heatherun Allison, C also issued under secs.135, t 4 t, Pub. L Attorney (202/452-3565), Legal The NRC has determined that this97-425,96 Stat. 2232,2241 (42 U.S.c 10:55- D v sion. For the hearing impaired onfp fintl rule is the type of action described 101611 Section 2 790 also issued under sec.

in cstegorical exclusion 10 CFR Telecommunications Device for the 103. 6a Stat. 936. as amended (42 U.S C 51.22(c)(1). Therefore neither an 2133) rnd 5 U.S C 552. Sections 2.800 and Deaf' Diane Jenkins (202/452-3544)'

environmental impact statement nor an 2 80? also issued under 5 U.S.C 553. Section SUPPLEMENTARY INFORMATION: The envimnmental assessment has been 2.809 also issued under 5 U.S.C 553 and sec. Board's Regulation CC (12 CFR part 229)

29. Pub. L s'E-256. 71 Stat. 579, as amended implements the Expedited Funds prep: reg for this final rule.

(42 U.S.C 2039). Subpart K also issued under Availabdity Act (12 U.S.C. 4001 et seq.)

t . P perwork Reduction Act Statement sec 189 6a Stat. 955 (42 U.S.C 2239h sec- (the Act) and requires banks,' inter olia, i

g 134. Pub. L 97-425,96 Stat. 223o (42 U.S.C i contains no 10154). Subpart L also issued under sec. t89 to make funds deEosited into informition collection requirements 68 Stat. 955 (42 U.S C 2239). Appendix A transaction accounts available for and, thirufore,is not subject to the . also issued under sec. 6, Pub. L 91-560. 84 withdrawal within specified time requir2ments of the Paperwork Stat. t473 (42 U.S.C 2135). Appendix B also frames. The Act and regulation allow l Reduction Act of 1995 (44 U.S.C. 3501 issued under se:,10. Pub. L 99-24o,99 Stat. banks to place longer holds on nonlocal et seq.). 1e42 (42 U.S.C 2021b et seq). checks th n on local checks. A nonlocal List rf Subjecta in to CFR Part .. 2 In 2 810 paragraph (f)is added to chec s o e fo wh h e ying bank 2 Administrative practice and p ocessing n gion than the depositary precedure. Antitrust Byproduct $ 2.810 NRC size standards. bank. Regulation CC defines " check- .

mrt ri-1, Classified information, ' * * *

• Environmental protection, Nuclear (f) Whenever appropriate in the 'The term bank tefers to any depository Mit;ri:Is, Nuctwe power plants and interest of administering statutes and insutuuoo. inctuains commerci : banks, s vinsi reactors, Penalties Sex discrimination, regulations within its jurisdiction, it is '"$," "*;","[j,',7,"b.Ik by. .t. or thmugh Sourca material. Special nuclear the practice of the NRC to answer which a check is payable. The deposaary banir is mitirill. Waste treatment and disposal. inquiries from small entities concerning the nrst hank to which . check is transferrert h

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NUCLEAR REGULATORY COMMISSION V7 MY 21 P2:13 10 CFR Part 2 0FFICE OF SECRETARY RIN: 3150-AF68 00CKETING & SERVICE BfiAhCri Informal Small Entity Guidance DOCKET NUMBER AGENCY: Nuclear Regulatory Commission.

PROPOSED Rua PR 2 ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Cor. mission (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 will assist small entities that cre licensed by the NRC.

/3, IH1 EFFECTIVE DATE: (Dat: cf public:t.cr. in th; redeiel Regietei).

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Chief, Rules Review and Directives Branch, Office of Administration, Washington, DC 20555-0001; telephone 301-415-7162; Web address http://www.dlm16nrc. gov, or Michael T. Lesar, Chief, Rules Revie'4 Section, Ruleu Review and Directives Branch, Office of Administration, Washington, DC 20555-0001; telephone 301-415-7263; Web address http://www.mt10nrc. gov. Small businesses can ,

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cbtain in"ormation from the Commissions hotline telepnone system by calling 1-800-368-5642.

SUPPLDENTARY INFORMATION:

Background

In March 1896, Congress enacted the Small Business Regulatory Enforcement Fairness Act (SBREFA), Public Law 104-121.

Congress found this legisiktion necessary because 'small businesses bear a disproportionate share of regulatory costs and ,-

burden" and " fundamental changes . . . are needed in tne regulatory and enforcement culture of Federal agencies" to make them more responsive to small busitiesses (sections 202(2) and (3) of the Act).

Simplifying Compliance Subtitle A of SBREFA provides a number of initiatives that are intanded to make it easitr for small entities to understand and comply with agency reydlations. In particular, the subtitle provides that, "Whenever appropriate in the interest of adminictering 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.

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b The NRC and Small Entities Since the Regulatory Flexibility Act was enacted in 1980, the NRC has considered the special needs of small businesses and ,

has worked to address them. In 1983, the NRC surveyed its materials licensees to create an economic profile sufficient to consider regulatory alternatives tailored to the size of the licensee. After analyzing the data and consulting with the Small Busineas Administration (SBA), the NRC developed size standards 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 economic profile of its materials licensees. Subsequently, the NRC revised its size standar#. 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 S2.810 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 Act of 1990 (56 FR 31472; July 10, 1991 and subsequent years), thereby reducing the impact 3

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of the fee rules on small entities.

In this and other areas, the NRC has responded to the commants 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 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 Generally, the Administrative Procedure Act (APA) requires agencies to publish a notice of proposed rulemaking and provide opportunity for public comment before issuing a rule. 5 U.S.C.

553. However, these requirements do not apply when the agency finds that they are amendments dealing with agency practice and procedure. 5 U.S4C, 553 (b) (3) ( A) . The Commission finds for good

. cause that notice of proposed rulemaking and public participation are unnecessary because the rule is a matter of agency practice; e.g., the establishment of a telephone number La facilitate interaction with the small entities licensed by the commission.

The rule shall be effective on (Get  % /3,/191i..

wI puslicatier. the Enderal "ogiet. ). 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 rot needed.

5 U.S.C. iS3 (d) (3) . The Commission finds good cause for the rule issued below to become offective immediately because the amendments are of an administrative nature concerning a matter of 4

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. . agency. con d uct , the establishment of a telephone number to i facilitate interaction with the small entities licensed by the Commission.

Environmental Impact: Categorical Exclusion

's The NRC has determined that this final rule is the type of action' described in categorical exclusion 10 CFR 51.22(c) (1) .

Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

i Paperwork Reduction Act Statement This final rule contains no information collection 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 Subjectc in 10 CFR Part ?

Administrative practice and procedure, Antitrust, Byproduct material, Clacsified information, Environnantal 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 authority of the Atomic Energy Act of 1954, as amended; the i

Energy Reorganization Act of 1974, as amended; the Small Busiress Regulatory Enforcement Fairness Act; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendment to 10 CFR Part 2.

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Part 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE DF ORDERS

1. The authority citation for Part 2 continues to read as follows:

AUTHORITY: . Secs. 161, 181, 66 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231) ; sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.

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) , Fub. L.97-425, 96 Stat. 2213, as amended (42 U.S.C.

30134(f)); sec. 102, Pub. L.91-190, 23 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, Gd Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C.

2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec.,206, 88 Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat. P.5 3 , as amended (42 U.S.C.

4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554.

-Sections 2.754, a'.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

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secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.

10155,'10161). Section 2.790 also isnued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.

Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Sub'part L also issued 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.

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.

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(f) kP.enever appropriate in the interest of administering statutes and regulations within its jurisdiction, it is the 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 7

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- 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 AlA , , 1997.

-- - p For the Nuclear Regulatory Commission.

/

L. Jos Callan,

, Execut e Director for Operations.

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