ML19323E572

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Forwards Notice of Proposed 10CFR170 Amend Re Fees for Facilities,Matl Licenses & Other Regulatory Svcs Under Atomic Energy Act of 1954 for Signature
ML19323E572
Person / Time
Issue date: 03/24/1980
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 8005230787
Download: ML19323E572 (5)


Text

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8005280707 c:

!!Dt0RA!!DUft FOR: Samuel J. Chilk Secretary of the Comission FnCit:

J. M. Felton, Director Division of Rules and Records Office of Administration

SUBJECT:

FEDERAL REGISTER fiOTICE Enclosed 'or your signature is the following notice:

NUCLEAR REGULATORY CONF!SSION i

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(10CFRPART170)

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FEES FOR FACILITIES AND MATERIALS LICENSES AND OTHER REGULATORY SERVICES UtlDER THE i

j ATOMIC ENERGY ACT OF 1954, AS AMENDED Revision of !!aterials Fee Schedules The effective date on page 1 of the notice will be 30 days after pubitcation in the Federal Register.

J. M. Felton, Director Division of Rules and Records Office of Administration l

Enclosure:

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NRC FOAM 318 (9 761 NRCM 0240 WU.S. GOVERNMENT PRINTING OFFICE: 1979 249-369

(7590-01)

NUCLEAR REGULATORY COMMISSION (10 CFR PART 170)

FEES FOR FACILITIES AND MATERIALS LICENSES AND OTHER REGULATsRY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED Revision of Materials Fee Schedules AGENCY:

U.S. Nuclear Regulatory Commission ACTION: Proposed Rule

SUMMARY

"The U.S. Nuclear Regulatory Commission is proposing to amend its regulations in 10 CFR Part 170 to add a new fee Category 11.F to 5170.31.

The new category would impose fees for the review of quality assurance programs for radioactive material shipping packages required by 10 CFR Part 71.

DATE: Comment period expires ADDRESSES:

Interested persons are invited to submit written comments to the Secretary of the Connission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.

Copies of comments on the proposed amendment may be examined in the Commission's Public Document Room at 1717. H Street, N.W., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. W. O. Miller, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, phone 301/492-7225.

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(7590-01)

SUPPLEMENTARY INFORMATION:

Section 71.51(a) of the Commission's regulations provides that persons are to establish, maintain and execute a quality assurance program satisfying the applicable criteria of Appendix E. " Quality Assurance Criteria for Shipping Packages for Radioactive Material." Also, the person is to identify which requirements in Appendix E are applicable to the package and describe to the ')mmission how they will be satisfied.

The quality assurance (QA) program applies to the design, fabrication, assembly, testing, use (preparation of packages for shipments) and maintenance of transportation packages. Where the staff determines that the licensee's QA program satisfies the applicable criteria of Appendix E of Part 71, a certificate of approval is issued for the program.

The proposed amendment to 10 CFR 3170.31 would add a new Subcategory F.

to Category 11 " Transportation of radioactive material." Subcategory 11.F.

would require persons filing QA plans for review to pay an application fee of

$160; and a review fee based on the actual costs of the review, but with a minimum fee of $160.

The requirements of Appendix E of 10 CFR Part 71, which becane effective October 18, 1977, affect approximately 1,000 persons who package and ship fissile material and Type B quantities. The affected persons include industrial radiographers, sealed source and equipment manufacturers, fuel fabricators, and licensed utilities. Although Part 71 specified that persons were to file a description of their quality assurance program by January 1, 1979, many have not complied with this provision.

(7590-01)

Persons who file for review of QA program descriptions prior to the effective date of the final rule in this proceeding will not be charged fees for this review.

Pursuant to Title V of the Independent Offices Appropriation Act of 1952 (31 U.S.C. 483a.) and Sections 552 and 653 of Title 5 of the United States Code, the following amendments to Title 10, Chapter 1, Code of Federal Regu-lations, Part 170, are contemplated:

Section 170.31 is amended by adding a new subcategory F to Category 11., by adding a new footnote 8, and by renumbering former footnote 8 which will become footnote 9, to read as follows:

5170.31 Schedule of fees for materials licenses and other regulatory services.

s Category of materials licenses Type of fee Fee

11. Transportation of radioactive material F. Review of quality assurance Appl ication........$160 programs for shipping packages.

Review............. Actual cost 8/

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(7590-01) 4 8/ Charge to be separately determined by the Commission, taking into account the professional manpower required to conduct the review multiplied by the applicable man-hour rate, less the $160. application fee.

In no event will the fee be less than 5160.

The fee for the renewal of a certificate of approval which requires administrative review only shall be assessed a fixed charge of $160.

E/ Charge will be....

(Sec. 501, 65 Stat. 290, (31 U.S.C. 483a)).

Dated at this day of 1980.

For the U.S. Nuclear Regulatory Commission.

Samuel J. Chilk Secretary of the Commission i