Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-07-03.xml --- 77 128 Tuesday, July 3, 2012 Contents African African Development Foundation NOTICES Meetings: Board of Directors, 39463 2012-16200 Agriculture Agriculture Department See Forest Service Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Initial Review, 39498 2012-16346 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Performance Measurement On-Line Tool, 39496-39497 2012-16235 Requirements for Refugee Cash Assistance; Refugee Medical Assistance, 39496 2012-16234 Coast Guard Coast Guard RULES Safety Zones: 2012 Macy's 4th of July Fireworks and Spectator Viewing Areas, Hudson River, NY, 39398-39402 2012-16241 A Salute to our Heroes Fireworks, Hamlin Beach State Park, Hamlin, NY, 39422-39425 2012-16243 Bay Village Independence Day Fireworks, Lake Erie, Bay Village, OH, 39420-39422 2012-16393 Buffalo July 4th Fireworks, Lake Erie, Buffalo, NY, 39408-39411 2012-16262 Cleveland Yachting Club Fireworks, Lake Erie, Rocky River, OH, 39402-39404 2012-16263 Crescent City Fourth of July Fireworks Event, Crescent City, CA, 39413-39415 2012-16303 Eighth Coast Guard District;

Niceville July 4th Fireworks Show, Boggy Bayou, Niceville, FL, 39422 2012-16239 Independence Day Fireworks Celebration for City of Richmond, Richmond Inner Harbor, Richmond, CA, 39415-39417 2012-16299 Independence Day Fireworks Celebration, City of Vallejo, Mare Island Strait, Vallejo, CA, 39418-39420 2012-16388 Tom Graves Memorial Fireworks, Port Bay, Wolcott, NY, 39406-39408 2012-16254 Village of Sackets Harbor, Lake Ontario, Sackets Harbor, NY, 39411-39413 2012-16291 Wicomico Community Fireworks Rain Date, Great Wicomico River, Mila, VA, 39404-39406 2012-16265 Special Local Regulations:

Ocean State Tall Ships Festival 2012, Narragansett Bay, Rhode Island, 39395-39398 2012-16307 Upper Mississippi River, Mile 842.0 to 840.0, 39393-39395 2012-16297 PROPOSED RULES Safety Zones: Head of the Cuyahoga and U.S. Rowing Masters Head Race National Championship, Cuyahoga River, Cleveland, OH, 39453-39456 2012-16259 Temporary Changes of Dates for Recurring Marine Events: Fifth Coast Guard District, Bogue Sound; Morehead City, NC, 39453 2012-16293 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39463-39464 2012-16210 2012-16226 American Indian and Alaska Native Consultation and Coordination Policy, 39464-39466 2012-16004 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39486 2012-16192 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39487 2012-16145 Meetings:

Defense Business Board, 39487-39488 2012-16161 Privacy Act; Systems of Records, 39488-39489 2012-16264 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Carol M. White Physical Education Program, 39490-39491 2012-16305 Employment and Training Employment and Training Administration NOTICES Meetings:

Advisory Committee on Apprenticeship, 39516-39517 2012-16157 Requests for Certifications of Compliance: Rural Industrialization Loan and Grant Program, 39517 2012-16281 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans: Louisiana; Regional Haze State Implementation Plan, 39425-39435 2012-15729 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

Delaware; Section 110(a)(2) Infrastructure Requirements for 2008 Lead National Ambient Air Quality Standards, 39456-39458 2012-16294 West Virginia; Section 110(a)(2) Infrastructure Requirements for 2008 Lead National Ambient Air Quality Standards, 39458-39459 2012-16301 NOTICES Proposed Consent Decrees: Clean Air Act Citizen Suit, 39493-39494 2012-16304 Executive Office of the President See Presidential Documents Farm Credit Farm Credit Administration RULES Loan Policies and Operations;

Lending and Leasing Limits and Risk Management: Effective Dates, 39387-39388 2012-16318 Federal Aviation Federal Aviation Administration RULES Removal of Part 67 Requirement for Individuals Granted Special Issuance of Medical Certificate to Carry Their Letter of Authorization While Exercising Pilot Privileges: Confirmation of Effective Date, 39389-39390 2012-16317 PROPOSED RULES Airworthiness Directives: Agusta S.p.A. Helicopters, 39444-39446 2012-16314 Draft Parachute Landing Area Standards:

Request for Comment, 39446-39447 2012-15912 NOTICES Recommendations from Airman Testing Standards and Training Aviation Rulemaking Committee, 39561 2012-16298 Federal Communications Federal Communications Commission RULES Connect America Fund, Universal Service Reform, Mobility Fund: Limited Forbearance, 39435-39439 2012-16279 Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations: Extension of Filing Requirement for Children's Television Programming Report, 39439-39440 2012-16246 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Revisions to Electric Quarterly Report Filing Process, 39447-39452 2012-15734 NOTICES Combined Filings, 39491-39493 2012-16229 2012-16230 2012-16231 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 39494 2012-16261 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 39494 2012-16260 Food and Drug Food and Drug Administration RULES Implantation or Injectable Dosage Form New Animal Drugs:

Maropitant; Tildipirosin, 39390-39392 2012-16203 NOTICES Guidances for Industry and Food and Drug Administration Staff: Computer-Assisted Detection Devices Applied to Radiology Images and Radiology Device Data, etc., 39498-39499 2012-16227 Foreign Assets Foreign Assets Control Office NOTICES Blocked Persons and Property: Additional Designations Under the Foreign Narcotics Kingpin Designation Act, 39573 2012-16272 Foreign Narcotics Kingpin Designation Act, Additional Designations, 39573-39574 2012-16204 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization/Expansion under Alternative Site Framework:

Foreign-Trade Zone 241 -- Fort Lauderdale, FL, 39466-39467 2012-16344 Forest Forest Service RULES Special Areas: Roadless Area Conservation; Applicability to the National Forests in Colorado, 39576-39612 2012-15958 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Management Regulation; GSA Form 3040, State Agency Monthly Donation Report of Surplus Property, 39494-39495 2012-16270 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Advisory Committee on Minority Health, 39495 2012-16251 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Native American Housing Assistance and Self-Determination Act: Intent to Initiate Negotiated Rulemaking, 39452 2012-16146 Interior Interior Department See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Substantial Business Activities:

Correction, 39452-39453 2012-16236 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Stainless Steel Bar from India, 39467-39468 2012-16329 International Trade Com International Trade Commission NOTICES Complaints: Certain Video Analytics Software, Systems, Components thereof, and Products Containing Same, 39509-39510 2012-16202 Determination Not to Review Initial Determinations; Investigations:

Certain Semiconductor Integrated Circuit Devices and Products Containing Same, 39510 2012-16201 Justice Department Justice Department See Justice Programs Office See National Institute of Corrections Justice Programs Justice Programs Office NOTICES Meetings: Federal Advisory Committee on Juvenile Justice; Webinar, 39511 2012-16267 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.:

Rawlins Resource Management Plan Amendment, and Segregation of Public Lands for the Chokecherry and Sierra Madre Wind Farm Project, 39503-39505 2012-16160 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39517-39519 2012-16253 2012-16255 2012-16256 National Archives National Archives and Records Administration NOTICES Records Schedules, 39519-39521 2012-16268 National Highway National Highway Traffic Safety Administration NOTICES Advanced Braking Technologies that Rely on Forward-Looking Sensors, 39561-39564 2012-16250 Petitions for Temporary Exemptions:

Advanced Air Bag Requirement; Group Lotus PLC, 39564-39567 2012-16271 National Institute Corrections National Institute of Corrections NOTICES Cooperative Agreements; Solicitations: Guide for Correctional Agencies to Establish Tele-visiting Capacity in Correctional Facilities, 39511-39514 2012-16171 Women Offenders; Developing an Agencywide Approach, 39514-39516 2012-16276 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 39499-39501 2012-16159 2012-16193 2012-16194 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Atka Mackerel in Bering Sea and Aleutian Islands Management Area; Closure, 39441 2012-16288 Pacific Ocean Perch in Central Aleutian District of Bering Sea and Aleutian Islands Management Area; Closure, 39440-39441 2012-16287 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of Gulf of Mexico; Amendment 35, 39460-39462 2012-16341 Fisheries of the United States: National Standard 1 Guidelines; Extension of Public Comment Period, 39459-39460 2012-16343 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Capital Construction Fund, Deposit/Withdrawal Report, 39468-39469 2012-16175 Driver Awareness of and Response to Significant Weather Events and the Correlation of Weather to Road Impacts, 39469-39470 2012-16189 Modification to Gulf of Maine/Georges Bank Herring Letter of Authorization, 39470-39471 2012-16168 Incidental Harassment Authorizations: Pile Driving in Port Townsend Bay, WA; Small Takes of Marine Mammals Incidental to Specified Activities, 39471-39485 2012-16302 Incidental Taking of Marine Mammals:

Explosive Removal of Offshore Structures in the Gulf of Mexico, 39485-39486 2012-16148 National Park National Park Service NOTICES Inventory Completions: Bishop Museum, Honolulu, HI, 39506 2012-16209 Department of Agriculture, Forest Service, Tongass National Forest, Craig Ranger District, Craig, AK, 39506-39507 2012-16208 Field Museum of Natural History, Chicago, IL; Correction, 39508 2012-16207 Fowler Museum at UCLA, Los Angeles, CA, 39507-39508 2012-16206 Wesleyan University, Middleton, CT, 39505-39506 2012-16205 Navy Navy Department NOTICES Environmental Impact Statements;

Availability, etc.: Naval Air Station Key West Airfield Operations; Public Meetings, 39489-39490 2012-16326 Meetings: Naval Research Advisory Committee, 39490 2012-16274 Nuclear Regulatory Nuclear Regulatory Commission RULES Receipts-Based, Small Business Size Standard, 39385-39387 2012-16252 PROPOSED RULES Receipts-Based, Small Business Size Standard, 39442-39444 2012-16258 NOTICES Application for a License to Export Nuclear Reactor Major Components and Equipment, 39521 2012-16266 Facility Operating Licenses:

Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 39521-39528 2012-16269 Meetings; Sunshine Act, 39528-39529 2012-16405 Ocean Energy Management Ocean Energy Management Bureau NOTICES Commercial Wind Lease Issuance and Site Assessment Activities on the Atlantic Outer Continental Shelf: Offshore Rhode Island and Massachusetts, 39508-39509 2012-16155 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Common Law Tort Claims:

Design and Marking of Department of Transportation Specification 39 Compressed Gas Cylinders, 39567-39571 2012-16240 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Vietnam: Export-Import Bank Loan Transaction (Presidential Determination) No. 2012-10 of June 25, 2012, 39613-39615 2012-16527 Securities Securities and Exchange Commission RULES Listing Standards for Compensation Committees, 39390 C1--2012--15408 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Regulation S-P, 39529-39530 2012-16225 Rule 17Ad-15, 39529 2012-16224 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 39538-39543 2012-16215 BATS Y-Exchange, Inc., 39532-39535 2012-16214 BOX Options Exchange LLC, 39547-39551 2012-16213 ICE Clear Credit LLC, 39558-39559 2012-16216 International Securities Exchange, LLC, 39545-39547 2012-16222 NASDAQ OMX BX, Inc., 39530-39532, 39552-39554 2012-16212 2012-16219 NASDAQ OMX PHLX LLC, 39537-39538 2012-16211 NYSE Amex LLC, 39547 2012-16218 NYSE Arca, Inc., 39535-39537, 39554-39558 2012-16217 2012-16221 The NASDAQ Stock Market LLC, 39543-39545, 39551-39552 2012-16220 2012-16223 Suspension of Trading Orders:

AngelCiti Entertainment, Inc.; BodyTel Scientific, Inc.; Clearant, Inc.; DataMetrics Corp.; Green Energy Group, Inc., etc., 39559 2012-16398 China Medical Technologies, Inc., 39559 2012-16397 Small Business Small Business Administration NOTICES Disaster Declarations: Vermont, 39559-39560 2012-16237 Interest Rates, 39560 2012-16238 State Department State Department RULES Amendments to International Traffic in Arms Regulations: Yemen, 39392-39393 2012-16283 NOTICES Meetings: International Joint Commission;

Upper Great Lakes Report, 39560-39561 2012-16316 Substance Substance Abuse and Mental Health Services Administration NOTICES Laboratories and Instrumented Initial Testing Facilities Meeting Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 39501-39502 2012-16228 Surface Transportation Surface Transportation Board NOTICES Finance Applications; Acquisitions and Consolidations of Assets: Frank Sherman; FSCS Corp., TMS West Coast, Inc., Evergreen Trails, Inc. and Cabana Coaches, LLC, 39571-39572 2012-16277 Public Hearings:

Assessment of Mediation and Arbitration Procedures, 39572-39573 2012-16242 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board RULES Removal of Category IIIa, IIIb, and IIIc Definitions: Confirmation of Effective Date; Response to Public Comments, 39388-39389 2012-16280 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES New Date for October 2012 Customs Broker License Examination, 39502 2012-16289 Separate Parts In This Issue Part II Agriculture Department, Forest Service, 39576-39612 2012-15958 Part III Presidential Documents, 39613-39615 2012-16527 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 128 Tuesday, July 3, 2012 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 171 [NRC-2012-0062] RIN 3150-AJ14 Receipts-Based, Small Business Size Standard AGENCY:

Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending the size standard that it uses to qualify an NRC licensee as a “small entity” under the Regulatory Flexibility Act of 1980, as amended. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for nonmanufacturing industries.

The SBA adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation. DATES: The direct final rule will become effective on August 22, 2012, unless significant adverse comments on the amendment are received by August 2, 2012. If the rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the **Federal Register** . Comments received after August 2, 2012 will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date.

ADDRESSES: Please refer to Docket ID NRC-2012-0062 when contacting the NRC about the availability of information for this final rule. You may access information and comment submittals related to this final rulemaking, which the NRC possesses and are publicly available, by any of the following methods: • *Federal Rulemaking Web Site:* Go to *http://www.regulations.gov* and search for Docket ID NRC-2012-0062. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may access publicly-available documents online in the NRC Library at *http://www.nrc.gov/reading-rm/adams.html.* To begin the search, select “ADAMS Public Documents” and then select “ *Begin Web-based ADAMS Search.”* For problems with ADAMS, please contact the NRC's Public Document Room

(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by email to *pdr.resource@nrc.gov.* The ADAMS accession number for each document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. • *NRC's PDR:* You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Theresa Barczy, Regulations Specialist, Rules, Announcements, and Directives Branch, Division of Administrative Services, Office of Administration, telephone: 301-492-3666, email: *Theresa.Barczy@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Procedural Background II. Discussion III. Section-by-Section Analysis IV. Voluntary Consensus Standards V. Environmental Impact: Categorical Exclusion VI. Paperwork Reduction Act Statement VII. Regulatory Analysis VIII. Regulatory Flexibility Certification IX. Backfit Analysis X. Congressional Review Act XI. Plain Writing I. Procedural Background The NRC is using the direct final rule procedure because it considers this action noncontroversial and routine. This direct final rule is updating the NRC's size standard to reflect that of the SBA. The amendments in this rule will become effective on August 22, 2012, unless significant adverse comments are received by August 2, 2012. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. If the rule is withdrawn, timely notice will be published in the **Federal Register** . A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the staff to make a change (other than editorial) to the rule. II. Discussion The NRC established its size standards on December 9, 1985 (50 FR 50241). On November 6, 1991 (56 FR 56671), the NRC conformed its format for size standards to mirror the definitions of small entities in the Regulatory Flexibility Act of 1980, as amended. On April 11, 1995 (60 FR 18344), the NRC again adjusted its receipts-based, small business size standard in a final rule published in the **Federal Register** . In a direct final rule published in the **Federal Register** on August 10, 2007 (72 FR 44951), the NRC adjusted its receipts-based small business size standard in order to conform to the SBA size standard for nonmanufacturing industries. The NRC is amending Title 10 of the *Code of Federal Regulations* (10 CFR) part 2, “Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,” and 10 CFR part 171, “Annual Fees for Reactor Licenses and Fuel Cycle License and Materials Licenses, Including Holders of Certificates of Compliance, Registrations, and Quality Assurance Program Approvals and Government Agencies Licensed by the NRC,” to reflect its receipts-based, small business size standard increasing from $6.5 million to $7.0 million. This adjustment is to conform to the SBA receipts-based, small business size standard, the most commonly used SBA standard for the non-manufacturing industries. The SBA adjusted this standard for inflation on January 23, 2002 (67 FR 3041), on December 6, 2005 (70 FR 72577), and again on July 18, 2008 (73 FR 41237). The NRC is not revising any of its other size standards at this time. The NRC informed the Chief, Office of Size Standards, SBA, of these amendments. 1 This rule change will result in reduced annual fees being imposed on licensees under the Fiscal Year 2012 fee rule for those licensees with receipts between $6.5 million and $7.0 million. 1 The NRC's letter to the Chief, Office of Size Standards, SBA, is in ADAMS under Accession No. ML120810390. III. Section-by-Section Analysis Sections 2.810(a)(1) and

(b)Section 2.810 establishes the size standards for determining whether a licensee qualifies as a small entity in the NRC's regulatory programs. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7.0 million. Therefore, paragraphs (a)(1) and

(b)are amended by revising “$6.5” to read “$7.0.” Section 171.16(c) Section 171.16 establishes the annual fees that will be paid by the following: 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. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7.0 million. Therefore, the chart within the introductory text of paragraph

(c)is amended by revising “$6.5” to read “7.0.” IV. 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 using a standard is inconsistent with applicable law or otherwise impractical. This direct final rule is updating the NRC's receipts-based, small business size standard to reflect that of the SBA. This action is administrative in nature and does not involve the establishment or application of a technical standard containing generally applicable requirements. V. Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule. VI. Paperwork Reduction Act Statement This direct final rule does not contain any information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management and Budget

(OMB)control number. VII. Regulatory Analysis A regulatory analysis has not been prepared for this direct final rule. This direct final rule amends the criteria that the NRC uses to determine which of its licensees qualify as small entities for the purpose of compliance with the Regulatory Flexibility Act of 1980, as amended. The amended size standard conforms 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 for annual fee assessments and other purposes. These amendments are administrative in nature and will neither impose new safety requirements nor relax existing ones and therefore do not call for the sort of safety/cost analysis described in the NRC's regulatory analysis guidelines in NUREG/BR-0058, Revision 4, “Regulatory Analysis Guidelines of the US NRC,” September 2004 (ADAMS Accession No. ML042820192). VIII. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this direct final rule amending 10 CFR parts 2 and 171 does not have a significant economic impact on a substantial number of small entities. The direct final rule is administrative in that it amends the criteria that the NRC uses to determine which of its licensees qualify as small entities for the purposes of compliance with the Regulatory Flexibility Act of 1980, as amended. The amended size standard conforms 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. IX. Backfit Analysis The NRC has determined that the backfit rule does not apply to this direct final rule and that a backfit analysis is not required, because these amendments do not include any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1). X. Congressional Review Act In accordance with the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. XI. 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 has written 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 31883). List of Subjects 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. 10 CFR Part 171 Annual charges, Byproduct material, Holders of certificates, registrations, approvals, Intergovernmental relations, Nonpayment penalties, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material. For the reasons set 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 adopting the following amendments to 10 CFR parts 2 and 171. PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS 1. The authority citation for part 2 is revised to read as follows: Authority: Atomic Energy Act secs.161, 181, 191 (42 U.S.C. 2201, 2231, 2241); Energy Reorganization Act sec. 201 (42 U.S.C. 5841); FOIA 5 U.S.C. 552; Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note). Section 2.101 also issued under Atomic Energy Act secs. 53, 62, 63, 81, 103, 104 (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10143(f)); National Environmental Protection Act sec. 102 (42 U.S.C. 4332); Energy Reorganization Act sec. 301 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.321 also issued under Atomic Energy Act secs. 102, 103, 104, 105, 183i, 189 (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Sections 2.200-2.206 also issued under Atomic Energy Act secs. 161, 186, 234 (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206 (42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-410, as amended by section 3100(s), Pub. L. 104-134 (28 U.S.C. 2461 note). Subpart C also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239). Section 2.301 also issued under 5 U.S.C. 554. Sections 2.343, 2.346, 2.712 also issued under 5 U.S.C. 557. Section 2.340 also issued under Nuclear Waste Policy Act secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.390 also issued under 5 U.S.C. 552. Sections 2.600-2.606 also issued under sec. 102 (42 U.S.C. 4332). Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553; AEA sec. 29 (42 U.S.C. 2039). Subpart K also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Subpart L also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239). Subpart M also issued under Atomic Energy Act sec. 184, 189 (42 U.S.C. 2234, 2239). Subpart N also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239). § 2.810 [Amended] 2. In § 2.810, paragraphs (a)(1) and

(b)are amended by removing “$6.5” and adding in its place “$7.0”. PART 171—ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE NRC 3. The authority citation for part 171 is revised to read as follows: Authority: Consolidated Omnibus Budget Reconciliation Act sec. 6101 Pub. L. 99-272, as amended by sec. 5601, Pub. L. 100-203, as amended by sec. 3201, Pub. L. 101-239, as amended by sec. 6101, Pub. L. 101-508, as amended by sec. 2903a, Pub. L. 102-486 (42 U.S.C. 2213, 2214), and as amended by Title IV, Pub. L. 109-103 (42 U.S.C. 2214); Atomic Energy Act secs. 161(w), 223, 234 (42 U.S.C. 2201(w), 2273, 2282); Energy Reorganization Act sec. 201 (42 U.S.C. 5841); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58 (42 U.S.C. 2014, 2021, 2021b, 2111). 4. In § 171.16, paragraph

(c)is revised to read as follows: § 171.16 Annual fees: Materials licensees, holders of certificates of compliance, holders of sealed source and device registrations, holders of quality assurance program approvals, and government agencies licensed by the NRC.

(c)A licensee who is required to pay an annual fee under this section may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification along with its annual fee payment, then the licensee may pay a reduced annual fee as shown in the following table. Failure to file small entity certification in a timely manner could result in the receipt of a delinquent invoice requesting the outstanding balance due and/or denial of any refund that might otherwise be due. The small entity fees are as follows: Maximum annual fee per licensed category Small businesses not engaged in manufacturing (Average gross receipts over last 3 completed fiscal years): $450,000 to $7.0 million $2,300 Less than $450,000 500 Small not-for-profit organizations (Annual gross receipts): $450,000 to $7.0 million 2,300 Less than $450,000 500 Manufacturing entities that have an average of 500 employees or fewer: 35 to 500 employees 2,300 Fewer than 35 employees 500 Small governmental jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 50,000 2,300 Fewer than 20,000 500 Educational institutions that are not State or publicly supported, and have 500 employees or fewer: 35 to 500 employees 2,300 Fewer than 35 employees 500 Dated at Rockville, Maryland, this 20th day of June, 2012. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. 2012-16252 Filed 7-2-12; 8:45 am]

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