This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

39980 

Vol. 86, No. 140 

Monday, July 26, 2021 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2 and 171 

[NRC–2014–0264] 

RIN 3150–AJ51 

Receipts-Based NRC Size Standards 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its small business size standards, 

which are used to qualify an NRC 

licensee as a ‘‘small entity’’ under the 

Regulatory Flexibility Act of 1980, as 

amended (RFA). The purpose of these 

size standards is for reducing annual 

NRC license fees for small entities. 

These standards do not apply to NRC 

contracting for goods and services. The 

NRC is proposing to increase the upper 

and lower tiers for its receipts-based 

small entity size standards for small 

businesses and small not-for-profit 

organizations. This change will allow 

NRC standards to remain consistent 

with the inflation adjustments made by 

the Small Business Administration 

(SBA) size standard for 

nonmanufacturing concerns. In 

addition, in accordance with the Small 

Business Runway Extension Act of 2018 

(Runway Act), the NRC is proposing to 

change the calculation of annual average 

receipts for the receipts-based NRC size 

standard for small businesses that 

provide a service or small businesses 

not engaged in manufacturing from a 3- 

year averaging period to a 5-year 

averaging period. The public is invited 

to submit comments on this proposed 

rule. 

DATES: Submit comments by August 25, 

2021. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is only able to ensure 

consideration for comments received 

before this date. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2014–0264. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rule. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Jo 

A. Jacobs, Office of the Chief Financial 

Officer, telephone: 301–415–8388; 

email: Jo.Jacobs@nrc.gov; or Billy 

Blaney, Office of the Chief Financial 

Officer, telephone: 301–415–5092; 

email: William.Blaney@nrc.gov. Both are 

staff of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Background 

III. Discussion 

IV. Regulatory Flexibility Certification 

V. Regulatory Analysis 

VI. Backfitting and Issue Finality 

VII. Plain Writing 

VIII. National Environmental Policy Act 

IX. Paperwork Reduction Act 

Public Protection Notification 

X. Voluntary Consensus Standards 

XI. Availability of Guidance 

XII. Availability of Documents 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2014– 

0264 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2014–0264. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209 or 

301–415–4737, or by email to 

pdr.resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if that document is available 

in ADAMS) is provided the first time 

that a document is referenced. For the 

convenience of the reader, the ADAMS 

accession numbers are also provided in 

Section XIII, ‘‘Availability of 

Documents,’’ of this document. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to PDR staff 

via email at pdr.resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

B. Submitting Comments 

Please include Docket ID NRC–2014– 

0264 in the subject line of your 

comment submission in order to ensure 

that the NRC is able to make your 

comment submission publicly available 

in this docket. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC posts all comment 

submissions at https://

www.regulations.gov as well as entering 

the comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, you should 

inform those persons not to include 

identifying or contact information they 

do not want to be publicly disclosed in 

their comment submissions. Your 

request should state the NRC does not 

routinely edit comment submissions to 

remove such information before making 

the comment submissions available to 


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the public or entering the comment 

submissions into ADAMS. 

II. Background 

The NRC’s current size standards are 

provided under part 2 of title 10 of the 

Code of Federal Regulations (10 CFR), 

‘‘Agency Rules of Practice and 

Procedure,’’ in § 2.810, ‘‘NRC size 

standards,’’ which were established on 

December 9, 1985, when implementing 

the requirements of the RFA (50 FR 

50241). The RFA requires agencies to 

consider the impact of rulemaking on 

small entities and, consistent with 

applicable statutes, study alternatives to 

minimize these impacts on applicable 

businesses, organizations, and 

government jurisdictions. The NRC’s 

regulations in § 2.810 and 10 CFR part 

171, ‘‘Annual Fees for Reactor Licenses 

and Fuel Cycle Licenses and Materials 

Licenses, Including Holders of 

Certificates of Compliance, 

Registrations, and Quality Assurance 

Program Approvals and Government 

Agencies Licensed by the NRC,’’ contain 

the criteria, in § 171.16(a) and (c), 

‘‘Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality 

assurance program approvals, and 

government agencies licensed by the 

NRC,’’ that certain licensees use to 

qualify as small entities for the purpose 

of reducing annual license fees only. 

The NRC’s current size standards 

under § 2.810 are based on the SBA’s 

receipts-based size standards for small 

businesses and small not-for-profit 

organizations, employee-based size 

standards for business concerns that are 

manufacturing and for small 

educational institutions that are not 

State or publicly supported entities, and 

population-based size standards for 

small governmental jurisdictions. 

In establishing the Fiscal Year (FY) 

1991 fee rule, the NRC determined that 

the annual fees would have a significant 

impact on a substantial number of small 

material licensees. As a result, the NRC 

established a small entity fee tier in 

§ 171.16(c), which resulted in a subsidy 

program whereby small entities would 

pay a reduced annual fee (56 FR 31507; 

July 10, 1991). In FY 1992, the NRC 

established a second tier in § 171.16(c) 

to benefit the licensees that were very 

small entities. Pursuant to § 171.16(c), if 

a licensee qualifies as a small entity and 

provides the Commission with the 

proper certification, the licensee may 

pay a reduced annual fee. As part of the 

certification process, a licensee that 

meets the NRC’s size standards for a 

small entity must complete NRC Form 

526, ‘‘Certification of Small Entity 

Status for the Purposes of Annual Fees,’’ 

certifying that it meets the NRC’s size 

standards for a small entity. 

The last revision, an inflationary 

adjustment, to the receipts-based size 

standards in §§ 2.810 and 171.16(c) was 

in a rule published in the Federal 

Register on July 3, 2012 (77 FR 39385) 

and in the FY 2013 final fee rule 

published in the Federal Register on 

July 1, 2013 (78 FR 39479), respectively. 

More recently, in FY 2020, the NRC 

surveyed its materials licensees to help 

determine whether to change the size 

standards in § 2.810 (85 FR 6225; 

February 4, 2020). With the exception of 

inflation-related increases and adjusting 

the methodology for calculating average 

gross-receipts to be consistent with the 

Runway Act and SBA regulations, the 

survey results did not suggest that the 

NRC should change its small entity size 

standards. 

The Runway Act amended section 

3(a)(2)(C)(ii)(II) of the Small Business 

Act (15 U.S.C. 632(a)(2)(C)(ii)(II)), to 

modify the requirements for the small 

business size standards prescribed by an 

agency without separate statutory 

authority to issue size standards. 

Subsequently, on December 5, 2019, the 

SBA published a final rule modifying its 

method for calculating average annual 

receipts used to prescribe size standards 

for small businesses (84 FR 66561). As 

a result, and because of the proposed 

inflationary adjustments described more 

fully in the ‘‘Discussion’’ section of this 

document, the NRC must revise its 

receipts-based size standards from a 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 it does 

not have separate statutory authority to 

issue size standards. 

III. Discussion 

The NRC is proposing to amend 

§ 2.810 to increase the receipts-based 

small entity size standard from $7.0 

million to $8.0 million for small 

businesses and small, not-for-profit 

organizations. These proposed 

amendments are to remain consistent 

with inflation adjustments made by the 

SBA to its size standard for 

nonmanufacturing concerns. Most 

recently, the SBA adjusted this standard 

for inflation on July 18, 2019 (84 FR 

34261). In addition, the NRC is also 

proposing to amend the average grossreceipts calculation process to change 

from a 3-year averaging period to a 5- 

year averaging period, as required by 

SBA regulations and in response to the 

Runway Act. 

Further, and analogous to the 

proposed inflation adjustment in 

§ 2.810, the NRC is proposing to amend 

§ 171.16(c) to increase the upper tier 

receipts-based small entity size standard 

from $7.0 million to $8.0 million for 

small businesses and small, not-forprofit organizations. Likewise, the NRC 

is proposing to increase the lower tier 

receipts-based size standard from 

$485,000 to $555,000, based upon the 

percent change in the upper tier. 

IV. Regulatory Flexibility Certification 

Under the RFA, the Commission 

certifies that this proposed rule, if 

adopted, will not have a significant 

economic impact on a substantial 

number of small entities. This proposed 

rule is administrative in that this 

proposed rule will revise the criteria in 

10 CFR parts 2 and 171 that the NRC 

uses to determine which of its licensees 

qualify as small entities for the purposes 

of compliance with the RFA. The 

proposed amendments to the size 

standards conform to the SBA’s revised 

standard and is expected to result in an 

increase in the number of NRC licensees 

that qualify as small entities. 

V. Regulatory Analysis 

The RFA requires agencies to consider 

the impact of rulemaking on small 

entities and, consistent with applicable 

statutes, study alternatives to minimize 

the impacts on applicable businesses, 

organizations, and government 

jurisdictions. In previous rulemakings to 

amend its size standards, the NRC has 

adjusted the criteria that the NRC uses 

to determine which of its licensees 

qualify as small entities for the purposes 

of compliance with the RFA. 

For the NRC’s size standards, 

rulemaking is required to amend the 

methodology for calculating average 

gross-receipts and the upper and lower 

tier receipts-based size standards to 

reflect inflationary adjustments. Because 

the last revision, an inflationary 

adjustment, to the receipts-based size 

standards in §§ 2.810 and 171.16(c) was 

in 2012 and 2013, respectively, this 

proposed rule includes inflationary 

adjustments to the receipts-based size 

standards. This proposed rule would 

amend §§ 2.810 and 171.16(c) to 

increase the NRC’s upper tier receiptsbased size standard from $7.0 million to 

$8.0 million for small businesses and 

small not-for-profit organizations, in 

order to remain consistent with the 

inflation adjustments made in the SBA’s 

size standard for nonmanufacturing. In 


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addition, the proposed rulemaking 

would amend § 171.16(c) to increase the 

lower tier receipts-based size standard 

from $485,000 to $555,000, based upon 

the percentage change in the upper tier. 

Furthermore, for consistency with the 

Runway Act and SBA regulations, the 

NRC is amending its methodology for 

calculating the average gross-receipts 

from a 3-year averaging period to a 5- 

year averaging period. 

The NRC estimates that the proposed 

rule would provide the following 

benefits and costs: 

Benefits 

• This action would result in 

continued compliance with the RFA, 

since the proposed rule would reduce 

the impact of annual fees on small 

entities by increasing the receipts-based 

size standards in § 2.810 and the tiers in 

§ 171.16(c) that licensees use to qualify 

as small entities. 

• While it is not certain how many 

licensees would qualify as small entities 

under the receipts-based size standards 

that is adjusted for inflation, the staff 

estimates that 95 additional licensees (a 

12-percent increase) would qualify as 

small entities and be eligible to pay a 

reduced annual fee. 

• The licensees can have increased 

regulatory confidence that the NRC has 

amended the agency’s receipts-based 

size standards to be consistent with the 

SBA’s practices, and that staff would 

review the current size standards and 

determine whether proposed 

amendments are needed every 5 years or 

sooner based on the SBA’s adjustments. 

Costs 

• The cost impact of changing the 

average gross-receipts from a 3-year 

averaging period to a 5-year averaging 

period is not known, as the average 

gross-receipts have been based on a 3- 

year averaging period since the NRC 

established its size standards in 1985. 

Every licensee would likely need to 

expend some effort to evaluate its grossreceipts and may need to provide 

additional information if questions arise 

during the staff’s certification review. 

Modifying to a 5-year averaging period 

of gross-receipts may result in a negative 

impact in that some licensees that are 

close to the upper limit of their size 

standard could lose their small entity 

status, while others may newly qualify 

as small entities. Despite this cost, since 

the NRC is proposing to amend the 

receipts-based size standards for 

inflationary adjustments, the NRC is 

required pursuant to the Runway Act to 

amend the average gross-receipts from a 

3-year averaging period to a 5-year 

averaging period. 

• The expected increase in additional 

licensees qualifying as small entities 

could possibly increase the NRC’s net 

budget authority as a result of additional 

licensees qualifying as small entities. 

The results of the regulatory analysis 

are cost-justified because the proposed 

rule would result in an estimated 95 

additional licensees (a 12-percent 

increase) who would qualify as small 

entities and be eligible to pay a reduced 

annual fee and the identified cost 

impacts are small. The NRC did not 

identify any other alternatives to amend 

the receipts-based size standards under 

§ 2.810, which are consistent with the 

adjustments made by the SBA. In 

addition, the NRC did not identify any 

alternatives to rulemaking to amend the 

upper and lower tiers under § 171.16(c) 

to reflect inflationary adjustments. 

VI. Backfitting and Issue Finality 

The NRC has determined that the 

backfit rule, §§ 50.109, 70.76, 72.62, and 

76.76 and the issue finality provisions 

in 10 CFR part 52 do not apply to this 

proposed rule and that an analysis is not 

required because these amendments do 

not require the modification of, or 

addition to, (1) systems, structures, 

components, or the design of a facility; 

(2) the design approval or 

manufacturing license for a facility; or 

(3) the procedures or organization 

required to design, construct, or operate 

a facility. 

VII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC wrote 

this document to be consistent with the 

Plain Writing Act, as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31885). 

The NRC requests comment on the 

clarity and effectiveness of the language 

used in this proposed rule. 

VIII. National Environmental Policy 

Act 

The NRC has determined that this 

proposed rule is the type of action 

described in 10 CFR 51.22(c)(1). 

Therefore, neither an environmental 

impact statement nor environmental 

assessment has been prepared for this 

proposed rule. 

IX. Paperwork Reduction Act 

This proposed rule does not contain 

a collection of information as defined in 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) and, therefore, 

is not subject to the requirements of the 

Act. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

X. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this proposed rule, the 

action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

XI. Availability of Guidance 

The NRC publishes a fee guidance 

document for small entities annually in 

conjunction with the NRC’s annual rule 

to revise its fee schedules. The ‘‘Small 

Entity Compliance Guide’’ is designed 

to assist businesses, organizations, 

educational institutions, and 

governmental jurisdictions in 

determining whether they qualify as 

small entities by providing the 

qualifying factors that make up the 

NRC’s definition of ‘‘small entity,’’ and 

the current small entity fees. The NRC 

will update the compliance guide each 

year when issuing the final fee rule and 

to align with the fee schedule of that 

year. Most recently, the NRC prepared 

the Small Entity Compliance Guide for 

the FY 2021 proposed fee rule. This 

compliance guide is available as 

indicated in Section XII, Availability of 

Documents, of this document. 

XII. Availability of Documents 

Documents identified in the following 

table are available to interested persons 

through one or more of the following 

methods, as indicated. 


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Document ADAMS Accession No./web link/Federal Register citation 

NRC Size Standard for Making Determinations Required by the Regulatory Flexibility Act of 

1980 (December 9, 1985).

50 FR 20913. 

NRC Form 526, ‘‘Certification of Small Entity Status for the Purposes of Annual Fees Imposed 

under 10 CFR Part 171’’.

https://www.nrc.gov/reading-rm/doc-collections/ 

forms/nrc526.pdf. 

FY 2021 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide .......................... ML21105A750. 

Public Law (Pub. L.) 115–324, ‘‘Small Business Runway Extension Act of 2018’’ ....................... https://www.congress.gov/115/plaws/publ324/ 

PLAW-115publ324.pdf. 

Receipts-Based, Small Business Size Standard; Direct Final Rule (July 3, 2012) ........................ 77 FR 39385. 

Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013 (July 1, 2013) ........................... 78 FR 39479. 

Small Business Size Standards: Calculation of Annual Average Receipts; Final Rule (December 5, 2019).84 FR 66561. 

Throughout the development of this 

proposed rule, the NRC may post 

documents related to this proposed rule, 

including public comments, on the 

Federal rulemaking website at https://

www.regulations.gov under Docket ID 

NRC–2014–0264. 

List of Subjects 

10 CFR Part 2 

Administrative practice and 

procedure, Antitrust, Byproduct 

material, Classified information, 

Confidential business information, 

Environmental protection, Freedom of 

information, Hazardous waste, Nuclear 

energy, Nuclear materials, Nuclear 

power plants and reactors, Penalties, 

Reporting and recordkeeping 

requirements, Sex discrimination, 

Source material, Special nuclear 

material, Waste treatment and disposal. 

10 CFR Part 171 

Annual charges, Byproduct material, 

Holders of certificates, registrations, 

approvals, Intergovernmental relations, 

Nonpayment penalties, Nuclear 

materials, Nuclear power plants and 

reactors, Source material, Special 

nuclear material. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is proposing to amend 10 CFR 

parts 2 and 171 as follows: 

PART 2—AGENCY RULES OF 

PRACTICE AND PROCEDURE 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 

161, 181, 182, 183, 184, 186, 189, 191, 234 

(42 U.S.C. 2039, 2073, 2092, 2093, 2111, 

2132, 2133, 2134, 2135, 2201, 2231, 2232, 

2233, 2234, 2236, 2239, 2241, 2282); Energy 

Reorganization Act of 1974, secs. 201, 206 

(42 U.S.C. 5841, 5846); Nuclear Waste Policy 

Act of 1982, secs. 114(f), 134, 135, 141 (42 

U.S.C. 10134(f), 10154, 10155, 10161); 

Administrative Procedure Act (5 U.S.C. 552, 

553, 554, 557, 558); National Environmental 

Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 

3504 note. 

Section 2.205(j) also issued under 28 

U.S.C. 2461 note. 

■ 2. In § 2.810, revise paragraphs (a)(1) 

and (b) to read as follows: 

§ 2.810 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 

■ 3. The authority citation for part 171 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 

2201(w), 2273, 2282); Energy Reorganization 

Act of 1974, sec. 201 (42 U.S.C. 5841); 42 

U.S.C. 2215; 44 U.S.C. 3504 note. 

■ 4. In § 171.16, revise paragraph (c) to 

read as follows: 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(c) A licensee who is required to pay 

an annual fee under this section, in 

addition to 10 CFR part 72 licenses, may 

qualify as a small entity. If a licensee 

qualifies as a small entity and provides 

the Commission with the proper 

certification along with its annual fee 

payment, the licensee may pay reduced 

annual fees as shown in table 1 to this 

paragraph (c). Failure to file a small 

entity certification in a timely manner 

could result in the receipt of a 

delinquent invoice requesting the 

outstanding balance due and/or denial 

of any refund that might otherwise be 

due. The small entity fees are as follows: 

TABLE 1 TO PARAGRAPH (c) 

NRC small entity classification 

Maximum 

annual fee 

per 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): 


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TABLE 1 TO PARAGRAPH (c)—Continued 

NRC small entity classification 

Maximum 

annual fee 

per licensed 

category 

$555,000 to $8 million .................................................................................................................................................................. 4,900 

Less than $555,000 ...................................................................................................................................................................... 1,000 

Manufacturing Entities that Have An Average of 500 Employees or Fewer: 

35 to 500 employees .................................................................................................................................................................... 4,900 

Fewer than 35 employees ............................................................................................................................................................ 1,000 

Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 

20,000 to 49,999 .......................................................................................................................................................................... 4,900 

Fewer than 20,000 ....................................................................................................................................................................... 1,000 

Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: 

35 to 500 employees .................................................................................................................................................................... 4,900 

Fewer than 35 employees ............................................................................................................................................................ 1,000 

* * * * * 

Dated: July 1, 2021. 

For the Nuclear Regulatory Commission. 

Cherish K. Johnson, 

Chief Financial Officer. 

[FR Doc. 2021–15506 Filed 7–23–21; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0579; Project 

Identifier MCAI–2020–00267–R] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Leonardo S.p.a. (Leonardo) 

Model AB139 and AW139 helicopters. 

This proposed AD was prompted by a 

report of several occurrences of a 

cracked main gearbox (MGB) spherical 

bearing lock nut (lock nut). This 

proposed AD would require removing 

from service a certain part-numbered 

MGB lock nut that is installed on certain 

part-numbered MGBs and replacing it 

with newly designed MGB lock nut. 

This proposed AD would also would 

prohibit installing any MGB with the 

affected MGB lock nut and would 

prohibit installing any affected MGB 

lock nut on any helicopter. The FAA is 

proposing this AD to address the unsafe 

condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by September 9, 

2021. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

https://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

• Hand Delivery: Deliver to the Mail 

address between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

For service information identified in 

this NPRM, contact Leonardo S.p.A. 

Helicopters, Emanuele Bufano, Head of 

Airworthiness, Viale G.Agusta 520, 

21017 C.Costa di Samarate (Va) Italy; 

telephone +39–0331–225074; fax +39– 

0331–229046; or at https://

customerportal.leonardocompany.com/ 

en-US/. You may view this service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, 

Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0579; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, the European Union Aviation 

Safety Agency (EASA) AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Rao 

Edupuganti, Aerospace Engineer, 

Dynamic Systems Section, Technical 

Innovation Policy Branch, Policy & 

Innovation Division, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–5110; email 

rao.edupuganti@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0579; Project Identifier 

MCAI–2020–00267–R’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to http://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 


jbell on DSKJLSW7X2PROD with PROPOSALS