ML20043E103
| ML20043E103 | |
| Person / Time | |
|---|---|
| Issue date: | 05/17/1990 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-54FR49763, RULE-PR-170 NUDOCS 9006120080 | |
| Download: ML20043E103 (46) | |
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.v DOCKET NUMBER PROPOSED RULE N Od (SIM M9743) l'00KEiED o
USNkC
'90 MAY 21 P1 :56
[7590-01).
Onicr OF si.cREitJv Nuclear Regulatory ComissWI%fgiU M 4
10 CFR Part 170 RIN: 3150-AD23 Revision of Fee Schedules: Radioisotope Licenses and Topical Reports-AGENCY:
Nuclear Regulatory Comission.
ACTION:
Final rule.
SUMMARY
- . The Nuclear Regulatory Comission (NRC) is amending its regulations by.
revising its schedules of fees charged for licensing and regulatory services provided by the NRC.
The revised schedule of fees will more completely recover NRC costs incurred in providing services to identifiable recipients, including both materials and. facility applicante.
The. revision is~ based on the FY 1990 budgeted costs of providing services in accordance with.the Comission's license.
fee guidelines and evaluation of public comments an the proposed rule. All.
applicants and licensees currently subject to foes under NRC regulations are o
affected by the rule.
EFFECTIVE DATE:
July 2, 1990 FOR FURTHER INFORMATION CONTACT:
Lee Hiller, Deputy-Controller, U.S. Nuclear Regulatory Comission, Washington, DC 20555 Telephone 301 492-7351.
SUPPLEMENTARY INFORMATION:
I
Background
11
. Responses to Coments 111 Changes Included In the Final Rule IV Section-by-Section Analysis b
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1 h
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,t g-V Environmental. Impact: Categorical Exclusion VI'
' Paperwork' Reduction Act Statement VII Regulatory Analysis Villi Regulatory Flexibility Certification IX Backfit Analysis I.
Background
On December 1, 1989 (54 FR 49763-49771), the Commission published in the Federal Register a notice of proposed rulemaking for revisions to 10 CFR Part 170 (" Fees for Facilities and Materials Licenses and Other Regulatory Ser-vices ***").
This action was-necessary for the Commission to update the fee-schedules in Part 170 to more completely recover costs incurred by the Commis-sion'in providing services to identifiable recipients and to encourage the continued submittal of topical reports.
The notice of proposed rulemaking invited interested persons to submit written comments for consideration in connectioi with the proposed amendments on or before January 30, 1990.
In addition
- he Commission's staff has been.
available to answer any questions concernir.*; the proposed rulemaking.
Three public meetings were held in. Regions I, III, and IV to discuss the proposed changes and consider any questions.
A total of eleven industry and Agreement State. representatives attended the three meetings.- The Commission placed a aary of the workpapers relating to the proposed rule in its'Public Document Room at 2120 L. Street NW., Washington, DC, in the loser level of the Gelman Building.
II.
Responses to Comments The' Commission received twenty-nine (29) letters commenting on the propose!
rule.
Eighteen letters were from persons concerned with materials license fees (including five Agreement States) and eleven letters were from utility licensees and owners groups concerned with fees for Part 50 facilities.
The comments fell into the following broad-categories:
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- 1. -
Increases in fees.
2..
Reestablishment of topical report fee ceiling.
3.
Payment of fees by electronic fund transfer (EFT).
4.
Exemption provisions.-
5; 0ther coments.
i
- 1. -
Increases in Fees..
Coment.
Commenters' main concern is that the proposed increases were substantial and businesses would find it very difficult to escalate prices on a percentage basis as intended by the proposed rule.
In several specific 3reas
.such as teletherapy and nuclear medicine (Categories 7A and 7C), manufacturing (Category 3B) and iesearch and development (Category 3M) comenters were con-cerned not only about the proposed increases but why, in some instances, the proposed cost for an application for renewal would exceed the cost of a new application.
Some commenters also indicated that-inspection fees are too high because,. in some instances, inspections take no more than one hour to perform.
Response. The Commission agrees that the proposed increases in many
. instances may be substantial. However,:as was pointed out.in the proposed rule, the last revision to the materials license fees in 10 CFR Part 170 was in 1984 and the fees :in that schedule were based on FY 1981 data.
In terms of cost data, ten years have elapsed since the schedules were revised.
During1that time, the professional licensing staff-hour rate 6 creased from $58 per hour to q
.$92 per hour, a 59i; increase.
The professional inspect bn staff-hour rate has increased from $53 per hour to $92 per hour, a 74% increase. One commenter who
- supported the proposed changes pointed out that the hourly rate increases have
'been on an average of 6 to 7 percent per year, barely keeping pace with infla-tion.. In addition, there have been changes in the emphasis on some of the rro--
+
grams resulting in greater professional staff effort being expended for th.ise
.particular categories of licenses.,With respect to the question of why reneivals require more time than new licenses for Category 3B, this type of license often has frequent amendments to add new products or to change existing descriptions j
of. products or processes. The renewal process often requires a review of many o
documents to. determine which descriptions are current and which have been superseded; a situation that does not occur with a new application.
in addi-tion, companies applying for new licenses will on the average operate simpler i.
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programs using both smaller activities and varieties of radioisotopes than are utilized by the existing licensees.
License renewals in Category 7C require more time on the avera]e than new applications because the average medical use licensee renewing a license is an institution offering a full variety of diagnostic services and often some therapy services. The average applicant for a new medical use license is a small clinic or private physician who is requesting authorization to perform one or a few medical procedures.
Because of the total revision of 10 CFR Part 35 which became effective in 1987, new applicants and licensees' renewing medical use licenses must submit complete applications and descriptions for all activities to be authorized. Thus the simplifications in the licensing process due to the Part 35 revision have helped reduce review time for the simpler programs being initiated more than for the existing programs with more activities to describe.
Some commenters, particularly Agreement States, support the revision in that it strengthens the fee schedules for categories of licenses regulated by Agreement States. -The Commission will proceed in adjusting the fees in Part 170 because the Independent Offices Appropriation Act of 1952(10AA)requiresthat
-fees be updated as'necesscry to more fully recover the Commission's costs of processing applications and conducting inspections. With respect to inspections, the inspection fee covers more than just the time an inspector may spend'on the premises conducting the inspection.
As indicated in 5170.12(g)theinspection fee includes preparation time, time on site and documentation time as well as any associated contractual services costs but excludes the time involved in the processing and issuance of a notice of violation or civil penalty.
2.
' Reestablishment of a ceiling for topical report reviews.
Coment.
Nine commenters addressed the reestablishment of a ceiling for topical reports. Several commenters supported the $50,000 ceiling as an appro-priate level for reestablishment. One suggested that if the ceiling were re-established it should-be set at the previous rate of $20,000. Mort of the commenters in this area indicated that the public interest, n well as the interests of NRC and the industry, are better served by encouraging the sub-mittal of topical reports. Two commenters suggested that the $50,000 ceiling 4
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be made retroactive to January 30, 1989, the date the ceilings for topical reports were removed.
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Response.
The Commission has reestablished the fee ceiling for the review of-topical reports at $50,000 and the review of any amendments, revisions, or supplements to topical reports at $50,000.
This figure represents an adjust-L
. ment of a previous ceiling of $20,000 to reflect the effects-of inflation and is.an amount which approximates the median of topical report fees over $20,000 charged _in 1989.
As a matter of policy, the Commission will exempt all review costs that exceed $50,000 for those topical report reviews completed on or after
_ January 30, 1989._ Thus,. applicants for the itview of topical reports or for amendments, revisions, or supplements to topicci reports will be treated equally l3 for those reports completed on or after January 30, 1989, because all will be lL subject-to the $50,000. fee ceiling.
3..
Payment of fees by electronic fund transfer (EFT).
1 Comment. -Six commenters addressed the proposal to require those bills in-excess cf $5,000 to be paid by EFT.
One commenter endorsed the concept pointing out that he_ routinely uses EFT.
Another commenter indicated that specificfpay-
- ment instructions should accompany the bill.
Other commenters indicated that.
-l EFT is not justified.
They pointed out that for many companies. EFT is not a.
common practice, would require special action by them as well-as the expenditure of resources to accomplish, and at times, is not available o'r desirable to use.
p I
Response.
The Commission has established the $5,000 requiremerit for EFT and will provide _ specific instructions on its use for those bills issued for more,than'$5,000.
This is consistent with U.S. Department of Treasury cash management-initiatives and will encourage timely receipts and deposits of monies L
owed to.the Federal Government.
i p
4.
Exemption Provisions.
K is l-Comment.
Five commenters addressed the changes being proposed in the l
exemption provisions of S 170.11(a)(3), (a)(4) and (a)(11).
The comments ranged from the suggestion of totally eliminating all fee exemptions so that L
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I' al'1 materials licensees are treated equally from a fee standpoint to that of' indicating that exemptions are necessary and those suggested in the proposed rule are appropriate. One comenter was concerned that exemptions shif t a greater cost burden to those-institutions / organizations that are not exempt.
One' commenter suggested that the language in i 170.11(a)(4) be clarified by using the wording in the Section-by-Section Analysis.
Response. The Comission will maintain the exemption provisions in i 170.11 and has made clarifying language changes to 10 CFR 170.11(a)(4) as suggested. The Comission will establish a new exemption provision in i170.11(a)(11)toprovidethatIndiantribesandIndianorganizationsthatare-Federally recognized as eligible for services provided by the Secretary of the Interior because of their status as Indians will be exempt from payment of fees.
The exemption in i 170.11(a)(11) is modified so that the exemption does not cover licenses authorizing distribution of products or the offering of consultant ser-vices. Thisisconsistentwiththeexemptionprovisionsofi170.11(a)(4) and(a)(9).
Establishing a new exemption does not shift a greater cost burden to those wno pay' fees. The amount of the fee assessed represents the average time to eview a-licensing action or to conduct an inspection for those licensees subject to f ees as well as those exempt from fee payment. The costs for processing
.icensing' actions or conducting inspections for exempt licensees are not recov-There is no attempt to shift that cost to those who are paying fees.
5.
Other Coments.
a.
One commenter suggested the elimination of the inisial $150 application
'ee required in 6 170.31 for those reviews based on: full costs. He indicated that it adds an unnecessary administrative cost for initiating, processing and tracking the payment for the licensee as well as the NRC.
Response.- The Comission agrees and has made the necessary changes to eliminate the $150 filing fee in 5 170.31. This is consistent with a similar change that was made wi'.h respect to filing fees in i 170.21 effective Janu-ary 30, 1989.
6
e, i
b.
Two commenters noted the inconsistency between 10 CFR 52.55 " Dura tion of Certification" which provides a 15 year validity of design certifir.ates and i 170.12 Payment of Fees, Paragraph (e)(2)(ii)(C) and footnote'4 to i 170 which mandate a 10 year period over which review costs are recovered for desirg:
not~ referenced in utility applications.
Response. The Comission agrees and Part 170 has been amended to correct this inconsistency, c.
One comenter suggested that the Comission assess fees for in-
.spection of general licensees because these costs are not currently recovered.
'In addition, the commenter suggested that the Commission reduce the time avail-able for reciprocity currently at 180 days. He indicated that this would place licensees in the NRC jurisdiction in a more competitive economic position with some Agreement State licensees who do not pay fees. At the present time, an Agreement State licensee who does not pay fees can operate for six months in a non-Agreement State in competition with the NRC licensee who has to pay fees.
Response. The Commission will continue its current policy of not assess-ing fees to NRC~ general licensees except for tnose related to spent fuel storage as addressed in the ongoing rulemaking polished for comment on May 5,1989 (54FR19379).
In a majority of cc.ses, general. licensees are not required to file en application, do not receive specific approvals and are infrequently inspected. With respect to the reciprocity provision, the Comission recognizes that a difference exists between NRC andtAgreement State length of reciprocity anc whether or not fees are assessed. Although reciprocity is' a matter of compatibility with respect to Agreement State regulations,
'the' NRC has. concentrated only on the radiation safety-related criteria for granting reciprocity and not the administrative functions such as kngth of time and whether or not a fee is required, d.
One commenter suggested that reasonable limits be establisted Io prevent excessive routine inspections of small programs. The commenter felt that it is unacceptable to be charged an inspection fee any time an inspector chooses to visit a facility.
' Response:
Similar comments w re received on the June 27, 1988, proposed rule (53 FR 24077). These comments were addressed in the final rule published
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on December 29, 1988 (53 FR 52633)'. Effective January 30, 1989, the Commis-sion removed the billing frequencies for routine inspections of small-programs from ) 170.31. The Comission indicated at that time that the routine inspec-tion' program is a structured program and that the frequency of inspections is not generally expected to be more frequent than that stipulated in the previous regulation.
e.
One comenter requested that the Commission consider establishing -
a separate fee category for portable gauges and lower the inspection fee, and.
consider this action for gas chromatographs as well. A similar comment was re-crived on the June 27, 1988, proposed rule that Part 170 be revised to create a
-new category for diagnostic devices. The commenter believes that doctors should be charged the same for medical use of an imaging scope as industrial users.
Response. -Portable gauge and gas chromatograph licenses and licenses which authorize human use of diagnostic devices are grouped for fee purposes with other similar license types, such as fixed gauge licenses and other medical uses of byproduct, source or special nuclear material. The fees for these cate-sories of licenses reflect the Commission's average cost to review applications and perform inspections of these programs.
At this time, it is not practical to develop a separate category for each type of license or authorization or for-each manufactured item. Establishing a separate fee category for portable gauges, gas chromatographs and diagnostic devices could have an adverse impact on licensees because they would be subject to multiple. fee categories if their licenses include items other than portable gauges, gas chromatographs, or medi-cal uses of' byproduct, source or special nuclear material. The Comission realizes that in using the average-cost method instead of the full-cost method for determining license fees, variations will exist between licenses grouped within a single category. However, in developing the current fee categories, every effort was made to group licenses in the most logical and equitable manner. The Comission, therefore, has determined that the fees in this final rule are appropriate for portable ga'uge, gas chromatograph, and medical use type licenses, f.
One person commenting on the June 27, 1988, proposed revision te 5 170.31 indicated that there was a disparity between the amount of the fee 8
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charged for licenses authorizing calibration services and that charged for other types of licenses such'as manufacturing and distribution licenses.
1 Response.
Even though comments were received on the materiais portion of 1
the fee schedules in 10 CFR Part 170 which became effective January 30, 1989, the Comission made no' changes to the fee schedule for small materials licenses indicating that adjustments would be made in 1990.
Based on_ supporting infoma-tion from the Office of Nuclear Material Safety and. Safeguards.. fee category 3N
- has been modified with a provision added that licenses which authorize leak test services'and/or calibration serv _ ices only will be subject to fee' Category 3P.
p This change was highlighted in the proposed rule (54 FR 49765).
III.
Changes includeo in the Final Rule 0
The changes included in the final rule are outlined below. Any differen-ces between the final rule.and the proposed rule are explained in the following discussion. Most of these changes were included in the proposed rule pub-lished on December 1,_1989(54-FR49763).
1.
Amend i 170.20 to change the cost per professional staff-hour from $86 per hour'to $92 per hour based on the FY 1990 budget. The_ $92 per hour rate is a decrease from the proposed $95 per hour.
This decrease is a result of adjust-
.ments made by Congress to the FY 1990 budget. The method used for calculating the hourly rate is exactly the same as that used in the proposed rule.
An analysis of the budget which generated this rate is provided in the Section-by-Section Analysis.
2.
Establish in Part 170 a fee ceiling of $50,000 for topical report reviews and for the review of any amendments, revisions or supplements to topi-cal reports.
3.
Update the schedule of. fees in 6 170.31 for small radioisotope li -
censes based-on the FY 1990 budget.
Because the professional staff-hour rate has decreased from $95 to $92, based on the FY 1990 budget, all fees shown in the proposed rule for small radioisotope licenses have been reduced in this final rule to reflect the decrease.
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4 Remove the $150 application filing fees in i 170.31 for those appli-cations where fees are assessed based on the full cost for the review.
5.. Modify fee Category 3N with a provision added that licenses which authorize leak test services and/or calibration services only will be subject to fee Category 3P. Change Category 10B in 6170.31 from full cost fees to flat fees.
6.
Delete-the exemption provision in i 170.11(a)(3), broaden the exemp-tion in i 170.11(a)(4), and clarify the exemption in i 170.11(a)(5)'.
7.
Establishanewexemptionprovisionini170.11(a)(11)toprovide that Indian tribes and Indian organizations that are federally recognized as-eligible for services provided by the Secretary of the Interior because of
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their status as Indians will be exempt from payment of fees.
The exemption is j
L modified'so that it does not cover licenses authorizing the distribution of' L
products or the offering of consultant services, l
L 8.
Amend i 170.12(d) and (e) and footnote 4 to i 170.21 to clarify that
- j fees for a' standard design certification, if _not referenced, will be recovered within fifteen years from the date of certification or renewal of the i
- certificat1on.-
9.
Revise i 170.12(h) to request that bills in excess of $5,000 be paid j
by electronic fund transfer.
The agency workpapers which support the final changes to 10 CFR Part 170 are available in' the Public Document Room, at 2120 L Street, NW., Washington,-
.DC in the. lower level of the Gelman Building.
IV.
Section-by-Section Analysis The following section-by-section analysis of those sections affected pro-vides additional explanatory information. All references are to 10 CFR Part 170, Code of Federal Rt.gulations.
Section 170.3 Definitions.
This section is revised to remove the paragraph designations for the defi-nitions, arrange the definitions in alphabetical order, and add definitions of
" Indian organization" and " Indian tribe."
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" Indian organization" means any commercial group, association, partnership 3 or corporation wholly owned or. controlled by an Indian tribe.
"*ndian tribe" means any Indian tribe,_ band, nation, or other organized group or community of
. Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians.
Section 170.11 Exemptions.
Paragraph (a)(3) is being removed in its entirety.
Fees for any byproduct, source, or special nuclear materials licenses issued under 10 CFR Parts 30, 40, 70, or 71 that are considered to be incidental to the operation of a nuclear reactor will be charged under the respective materials fee category rather than under_the 10 CFR Part 50 reactor fee category as-has been past practice.
There-fore, for special nuclear materials licenses or any other licenses which are required prior to operation of the reactor, e.g., startup sources, reactor fuel, or calibration or: monitoring equipment, fees will be assessed.under 10 CFR 170.31 rather than S 170.21.
If an applicant possesses byproduct, source, or special nuclear material for decontamination, inspection, repair, modification, or testing of their reactor components, for which a license is required under the Commission's applicable materials regulations, fees will be assessed in accor-dance with 10 CFR 170.31.
Paragraph (a)(4) is changed to broaden the e.venption for non profit educa-tional institutions to' include certain activities (e.g., research) not covered by the_ current exemption.
The Commission has received several exemption requests from-colleges and universities for-licensed activities not covered-by the cur-rent exemption.
Additionally, this change is in keeping with the concern of Congress regarding the impact of the current schedule on some entities and their -
lim'ited ability to pass through the costs of these charges to the ultimate con-sumer. Although the legislative history for annual fees contained in Part 171-of this chapter discusses the option of considering modifications to these fee schedules for hospitals, research and medical institutions and uranium producers, the Commission is continuing to limit this particular exemption to non profit educational institutions.
The exemption has been clarified to indicate that it does not include power reactor licenses and materials licenses which authorize human use, commercial 11
distribution, remunerated service to other persons, or activities performed under a Government contract.
The Comission will continue to assess fees for these kinds of activities.
For example, fees are charged for licenses which authorize use of strontium 90 eye applicators in the treatment of eye diseases and xenon 133 for blood flow pulmonary functions; distribution of in, vitro kits and radiopharmaceuticals; service for a charge to other persons or licensees such as soil density measurements and installation, calibration, and leak test-ing of equipment containing radioactive material and use of licensed material for consulting services. On the other hand, if a non-profit educational insti-tution provides these or similar services, except human use, to other persons-without charge, the' exemption would still apply.
Paragraph (a)(5) is. changed, for clarification, to include certificates of compliance and other approvals.
Paragraph (a)(11)isaddedtoprovidethatIndiantribesandIndianorgani-zations that are Feoerally recognized as eligible for services provided by the Secretary of the Interior because of their status as Indians will be exempt from license fees. -Indian tribes are recognized as separate political entities similar to State governments. The Commission intends to exenipt Indian tribes and wholly owned tribal commercial organizations conducting licensed activities en tribal lands from license fees in the same manner as it does States and anvernmental agencies. The exemption is modified, consistent with 5170.11(a)(4) and(a)(9),sothattheexemptiondoesnotcoverlicensesauthorizingthedistri-bution of products or the offering of consultant services.
Section 170.12 Payment of Fees.
As indicated in the proposed rule, paragraphs (a), (b), (c), and (d) are revised to more clearly distinguish the fee payment requirements for materials licenses and approvals not subject to full cost from the requirements for other licensed activities that are subject to full cost.
In addition, paragraphs (d) and (e) are being revised to change the 10 year period of cost recovery to a 15 year period to be consistent with 5 52.55.
This is consistent with the intent of the Commission as stated in the final 10 CFR Part 52 rule (54 FR 15376) that an applicant for design certification does not have to pay an application fee, but the applicant will have to pay the full cost of the NRC review of the appli-cation, although not until the certification is referenced in an application for.a construction permit or combined license or, failing that, not until the
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certification. expires.
Also paragraphs (e) and (f) are being revised to elimi-nate the $150 application fee for those applications where fees are determined based'on full cost.
Paragraph (h) is being revised to indicate that (1) payments may also be made by electronic fund transfer (EFT) and (2) that where specific instructions regarding payment are provided on the bills, payment should be made accordingly.
It is the intent of the Commission to request payment by electronic fund trans-fer of those bills which are in excess of $5,000.
This change is being made to encourage timely receipts and deposits in accordance with U.S. Department of the Treasury cash management initiatives.
Section 170.20 Average Cost Per Professional Staff-Hour.
i This section is modified to reflect an agency-wide professional staff-hour rate based on FY 1990 costs to the Agency.
Accordingly, the professional staff rate for the NRC for FY 1990 for all fee categories that are based on full cost is $92 per hour, or $161.4 thousand per FTE (professional staff year).
For FY 1990, the budgeted obligations by direct program are: (1) Salaries and Bonefits,
$203.16 million; (2) Administrative Support, $74.64 million; (3) Travel, $12.27
-million, and (4) Program Support, $148.70 million.
In FY 1990, 1,636 FTEs are considered to be in-direct support of NRC programs applicable to fees-(see Table 1).
Of the total 3,180 FTEs, 1,544 FTEs will be considered overhead (sup-ervisory and support) or exempted (due to their program function).
Of these 1,544 FTEs, a total of 286 FTEs and tne resulting $26.1 million in support are-exempted'from the fee base due to the nature of their functions (i.e., enforce-ment activities and other NRC functions currently exempted by Commission policy).
Table I - Allocation of direct FTEs by Office Office Number of direct FTEs1 NRR......................
1,007.5 RESEARCH.................
146.0
~
NMSS.'....................
317.3 AE0D.....................
85.0 ASLAP/ASLBP..............
22.2 ACRS.....................
25.0 0GC......................
33.0 Total Direct FTE.......
1,636.0 1 Regional employees are counted in the office of the program each supports 13
in determining the cost for each direct labor FTE (an FTE whose position /.
functioh is such that it can be identified to a specific license or class of licenses) whose function, in the NRC's judgment, is necessary to the regulatory process,.he following rationale-is used:
1.
All direct FTEs are identified by office.
2.
NRC plans, budgets, and controls on the following four major-categories (seeTableII):
(a) Salaries and Benefits.
(b) Administrative Support.
(c) Travel.
(d) Program Support.
3.
Program Support, the use of contract or other services for which the NRC pays for support from outside the Commission,. is charged to verious categories as used.
4 All othcr costs (i.e., Salaries and Benefits, Travel, and Administra-tive Support) represent "in-house" costs and are to be collected by allocating them uniformly over the total number of direct FTEs.
'Using this method, which was described in the December 1,1989, proposed rule (54FR49763)andtheFY.1990 budget,andexcludingbudgetedProgramSup-nnrt obligations, the remaining $263.97 million allocated uniformly to the direct FTEs (1,636) results-in' a calculation of $161.4 thousand per FTE for FY 353 (ar, hourly rate of $92).
Table II - FY 1990 Budget by] Major Category
[$ in Mi)1 ions Salaries and benefits...............
$203.16 Administrative support.............
74.64 Trave 1.............................
12.27 Total nonprogram support obliga-tions..........................
290.07 Program support...................
148.70 Total budget...................
$438.77 14
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The Direct FTE Productive Hourly Rate ($92/ hour rounded down to the nearest whole dollar) is calculated by dividing the annual' nonprogram support cost
($290.07 million) less the amount applicable to exempted functions (26.1 million) by the product of the direct FTE (1,636 FTE) and the number of productive hours in one year (1,744 hours0.00861 days <br />0.207 hours <br />0.00123 weeks <br />2.83092e-4 months <br />) as indicated in OMB Circular A-76, " Performance of Commercial Activities."
Section 170.21 Schedule of Fees for Production and Utilization Facilities, Review of~ Standard Reference Design Approvals, Special Projects and InspectiotV.
i Since the Commission decision to remove the fee ceiling for topical report reviews (53 FR 52633; December 29,1988) and as discussed in the proposed rule publishe6 December 1, 1989, the number of topical reports submitted for review has.significantly decreased.
It appears that the principal reason for the re-duction'in topical reports being submitted is the uncertain and potentially unlimited fee for NRC review of these reports.- This is counterproductive to the agency because, in many cases, the regulatory effort gains significant bene-fit in terms of (1) the resolution of safety significant problems, and (2) the staff time saved by conducting a generic review of a topical item thereby saving extensive plant-by plant review in the same or similar areas.
Examples of bene-ficial topical initiatives are numerous.
The recent B&W Owners Group decision to undertake a complete reassessment of all B&W reactor designs, thus eliminat-1 ing a costly NRC review, saved time and produced a more complete technical re-view than could have been accomplished by NRC alone.
Another example is the CE Owner's Group development of EP Guidelines'for all of its units.
This generic effort saves NRC costly review time assessing plant-by plant guidelines.
These are just two of many examples where the public interest is served by an industry-undertaking to resolve an issue.
The surfacing of safety significant items
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stemming from the review of topical reports and the subsequent resource savings to the NRC, as well as the overall high level of technical competence available from industry, justifies NRC encouragement of industry submittal of these reports.
In conclusion, a balance must~be maintained between the need to encourage industry submittal of these reports and the need to assess fees for the costs
,n of reviewing the reports. The current system o" charging a fee with no ceiling for NRC review of these reports appears to have had an inhibiting effect on the 15 1
l industry. As a result,. the'Comission is amending 10 CFR 170.21, Category J, Special Projects, to provide that the maximum fee for review of a topical report shall not exceed $50,000 and any amendments, revisions, or supplements to topical-reports shall not exceed $50,000. This figure represents an adjustment of a previous ceiling of $20,000'to reflect the effects of inflation'and is an amount which approximates the median of topical report fees over $20,000 charged in 1989. The Commission, as a matter of policy, will exen'pt-all costs exceeding
$50,000 for topical report reviews completed on or after January 30, 1989.
The professional hourly rate assessed for the services provided under the schedule is revised as shown in i 170.20.
Footnote 2 of i 170.21 is revised tr.
provide that the professional hours expended up to the effective date of this rule will be assessed at the professional rates established for the June 20, 1984 and January 30, 1989, rules, as appropriate.
Any professional hours ex.
pended on or after the effective date of this rule will be assessed at the FY 1990 rates shown in this final rule.
Footnote 4 of i 170.21 is revised to clarify that the period for payment of fees for standard design certifications is extended from 10 to 15 years.
Footnote 5 has been added to i 170.21 to indicate that $50,000 is the maximum amount that may be assessed for each topical report or each amendment, revision and supplement to a topical report.
- Section 170.31 Schedule of Fees for Materials Licenses and Other Regulatory Services.
The licensing and inspection fees in this section are modified to reflect the FY 1990 budgated costs and to more completely recover costs incurred by the Comission in providing licensing and inspection services to identifiable reci-pients. -It includes.the addition of a category for decomissioning applications for byproduct material.
The fees shown in this final rule will apply to those decomissioning applications that are currently pending NRC review-as well as subsequently filed applications.
Fee Category 13, establishing fees for spent fuel storage cask Certificates of Compliance and for inspections related to storage of spent fuel, remains a part of the final rule.
(Theproposedrule relating to spent fuel storage was published for comment on May 5,1989 (54 FR 19379)). A final rule relating to the storage of spent fuel in NRC approved storage casks at power reactor sites is currently being processed for publication in the near future.
Fee categories 1A, 1B, 2A, 4A, 5B, 10A, 11, 12, 13, and 14 are revised to delete the $150 initial application fee.
Fees for these categories are based on the full cost (professional stoff hours and any contractual services costs) 16
to conduct-the licensing review.
Because-licensees i;re billed for these costs and are required to pay invoices within a specified tine, this will eliminate the administrative cost' related to initiating, processing ed tracking the $150 payment for,the licensee as well as the NRC.
Fee Category 3N is mcdified with a-provision added that licenses which auth-orize leak test services and/or calibration services only will be subject to fee Category'3P.
Fee category 10B is changed from full-cost to flat fees. This change is based.on an analysis of tiie actual staff-hours expended for the review and ap-proval of the Part 71 quality assurance programs.
Fee Category 12. Special Projects, is revised to provide that the maximum fee for review of a topical report and any amendments, revisions or supplements to topical reports shall not exceed $50,000. This is consistent with the change made to i 170.21, Category J.
V.
Environmental Impact:
Categorical Exclusion The NP.C has determined that this final rule is the type ai action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental impact assessment has been prepared for this final rule.
VI. Paperwork Reduction Act Statement This. 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.).
VII. _ Regulatory Analysis This rule was developed pursuant to Title V of the Independent Offices Appropriation Act of 1952 (10AA) (31 U.S.C 9701) and the Commission's fee guidelines. These guidelines took into account guidance provided by the U.S~.
Supreme Court on March 4, 1974, in its decision of National Cable Television Association, Inc. v. United States, 415 U.S. 336 (1974) and Federal Power Com-mission-v.NewEnglandPowerCompany,415U.S.345(1!74).
In these decisions, the Court held that the 10AA authorizes an agency to charge fees for special benefits rendered to identifiable persons measured by the "value to the recipient" of the agency service. The meaning of the Independent Offices Appropriation Act 17
of 1952 was:further clarified on December 16, 1976, by four decisions of the Court of_ Appeals for the District of Columbia.
National Cable Television Associ-ation v. Federal Comunications Comission, 554 F. 2d 1094 (1976); National Asso-ciation of Broadcasters v. Federal Comunications Comission, 554 F.2d 1118
-(1976); Electronic Industries Association v. Federal Communications Comission, 554 F.2d 1109 (1976) and Capital Cities Comunication. Inc. v. Federal Comunications Comission, 554 F.2d 1135 (1976).
These decisions of the Courts enabled the Commission to develop fee guidelines that are still used for cost' I
recovery and fee development purposes.
~
The Comissioa's fee guidelines were upheld on August 24, 1979, when the U.S.
Court of Appeals for the Fifth Circuit-held in Mississippi Power and Licht Co.-
- v. U.S. Nuclear Regulatory Commission, 601 F.2d 223 (1979, cert, denied 44 U.S.
1102 (1980)), that (1) the Nuclear Regulatory Comission had the authority to re-cover the full cost of providing services to identifiable beneficiaries; (2) the NRC could properly assess a fee for the costs of providing routine inspections necessary to ensure a licensee's' compliance with the Atomic Energy Act and with applicable regulations; (3) the NRC could charge for costs incurred in. conduct-
. ing env onmental reviews required by NEPA; (4) the NRC propet ly included in the
' fee' schedule the costs of uncontested hearings and of administrative.and tech-Heal-support' services;(5)theNRCcouldassessafeeforrenewingalicenseto eperatela low-level radioactive waste burial site; and (6) the NRC's fees were
'not arbitrary or capricious.
The NRC does not believe that the increase in fees'that would result from the adoption of this rule would result in significant economic impact on most naterials licensees.
The increase in the annual cost that would be imposed on these licensees would not be significant in terms of.their gross annual receipts.
m s rule revision will not have.significant impact on state'and local govern-ments and geographical regions. or on health, safety end the environment. The furegoing discussion constitutes the regulatory analysis for the final rule.
11 Vill.
Regulatory Flexibility Certification l
In' the notice of proposed rulemaking published on December 1,1989(54FR 49763), the Comission determined in its Regulatory Flexibility Certification l
that, based upon the available information, this rule was not expected to have a significant economic impact upon a substantial number of small entities as 18 e
m
<r i
defined by the Small Business Act or the Small Business Administration regula-
"^
. tions' issued pursuant to the Act (13 CFR Part 121).
The Commission dicl, however, L
invite any licensee who considered itself to be a small entity to provide addi-tional information by responding to four general questions on how the regulation could be modified to take into account the differing needs of small entities.
In keeping witt its normal practice, the Commission mailed the proposed rule document to each of its more than 8,000 licensees.
Also, the Commission held public meetings in three regions to discuss the proposed rule.
/
'than one-half percent of all NRC licensees.
Of the 29 comments, none mentioned The Commission received 29 comments on the proposed rule, representing less l'
'-the Regulatory Flexibility issue directly although several commenters expressed i
L concern over the-substantial increases in the fees assessed for specific cate-L gories of licenses.
L A total of seven comments are believed to have come from small entities based upon a review of information contained in their-comments.
Two of these p:
- comments were from hospitals, one from an industrial radiographer, one from a
~!
well-logger, one from an engineering consultant, and two-from other small re-search and development and manufacturing licensees.
Although several of these I
commenters expressed concern over the percentage rate of increase in the' fees J
which would be assessed for certain categories of licenses, these commenters p
neither indicated that the increased fees woula significantly affect their ability to do business nor provided the NRC with the information needed for NRC to make that determination.
The fees assessed by the NRC for each category of license.are intended to' reflect the level of effort required by the NRC to con-duct'the necessary licensing and inspection actions for that category.
To this extent, the NRC has attempted to " tier" the costs imposed on its licensees to the~ level of effort that is required for the NRC to ensure that licensed acti--
vities-are conducted in a manner that adequately protects public health and-~
I safety.
I Based upon the number of comments received on the proposed rule and comments from attendees at the public meetings, as well as an analysis of these comments, the Commission certifiss that this rule will not have a significant'
'l economic impact upon a substantial' number of small entities.'
The increase in the annual cost imposed on most of these licensees is not significant in terms of their gross annual receipts.
There is no annual recordkeeping burden. imposed by the final rule.
19
p f
IX. Backfit Analysis The NRC ias determined that the backfit rule,10 CFR 50.109, does not apply to this rule, and therefore, that a backfit analysis is not required for it because these amendments do not require the modification of or addition to sys-
~tems, structures, components or design of a facility or the design approval or man 9facturing license for a facility or the procedures or organization required to design, construct or operate a facility.
List of Subjects in 10 CFR Part 170 I
Byproduct material, Non-payment 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 6 mended, and 5 U.S.C. 552 and 553, the NRC is proposing to adopt the follow-ing amendments to 10 CFR Part 170.
PART 170--FEES FOR FACILITIES AND MATERIALS LICENSES AP ' PR REGULATORY' SERVICES UllDER THE AT0lllC ENERGY ACT OF 1954, AS AMENDED
- 1..The authority citation for Part 170 continues to read as follows:
Authority: 31 U.S.C. 9701, 96 Stat.1051; sec' 301, Pub. L.92-314, 86 Stat.
222 (42 U.S.C. 2201w); sec 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
2.
I'n 6.170.3, remove the paragraph designations for the definitions,
, arrange the definitions in alphabetical order, and add definitions of " Indian
-organization" and " Indian tribe" to read as follows:
5 170.3 Definitions.
" Indian organization" means any comercial group, association, partnership, or corporhtion wholly cwned or controlled by an Indian tribe.
20
s_-_
" Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians rechgnized as eligible for the services provided by the Secretary of the Interior because of their status as Indians.
3.
In i 170.11, paragraph (a)(3) is removed and reserved; paragraphs (a)(4) and (a)(S) are revised and paragraph (a)(11) is added to read as follows:
6 170.11 Exemptions.
(a)***
(3)[ Reserved]
(4) A construction permit or license applied for by, or issued to, a non-profit educational institution for a production or utilization 'acility, other than a power reactor, or for the possession and use of byprodhet material, source material, or special nuclear material. This exemption does rot apply to those byproduct, source or special nuclear material licenses which authorize (i) human use;(ii)remuneratedservicestootherpersons;(iii)distributionofbyproduct material, source material, or special nuclear material or products containing by-productmaterial,sourcematerial,orspecialnuclearmaterial;and(iv)activi-ties performed under a Government agency contract.
(5) A construction permit, license, certificate of compliance, or other approval applied f or by, or issuad to, a Goveriment agency, except for a utili-zation fecility designed to produce electrical or heat energy pursuant to Sec-tion 103 or 104b of the Atomic Energy Act of 1954, as amended.
(11) A license for possession and use of byproduct material, source material, or special nuclear material or other approval applied for by or issued to an Indian tribe or an Indian organization conducting licensed activities on tribal lands, except for licenses which authorize distribution of byproduct material, source material, or special nuclear material,'or products containing byproduct material, source material, or special nuclear material, or licenses authorizing services'to any person other than an Indian tribe or an Indian organization.
21 1
1 1
I a.-
1
.p aoeaa
- 4. In S 170.12, paragraphs (a), (b), (c), (d), (e), (f), and (h) are revised to read as follows:
$ 170.12 Payment of fees.
(a) Application fees.
Each application for which a fee is prescribed shall be accompanied by a remittance in the full amount of the fee.
Applications subject to fees for which no remittance is received will not be processed and may be returned to the applicant.
All application fees will be charged irre-spective of the Commission's disposition of the application or a withdrawal of the application.
(b) License fees. (1) Fees for applications for materials licenses not subject to full cost reviews must accompany the application when it is filed.
(2) Fees wr applications for permits and licenses that are subject to fees based on the full cost of the reviews are payable upon notification by the Com-mission.
Except as provioed in paragraph (b)(3) of this section, each applicant will be billed at six-month intervals for all accumulated costs for each appli-cation the applicant has on file fsr review by the Commission until the review is compl: M d.
Each bill will identify the applications and costs related to each.
I (3) For early site reviews issued under 10 CFR Part 52, there is no appli-cation fee.
Fees for the r3 view of an application for an early site permit are deferred as follows:
The pe mit holder shall pay the applicable fees for the permit at the time an application for a construction permit or combined license referencing the early site permit is filed.
If, at the end of the initial period of the permit, no facility application referencing the early site permit has been docketed, the permit holder shall pay any outstanding fees for the permit.
Each bill will identify the applications and costs related to each.
(c) Amendment fees and other required approvals. (1) Amendment fees for materials licenses and approvals not subject to full cost reviews must accompany the application when it is filed.
7 (2) Fees for applications for license amendments, other required approvals and requests for dismantling, decommissioning and termination of licensed acti-vities that are subject to full cost recovery are payable upon notification by 22 f
-.... - - ~. -. -
i-the Commission.
Each applicant will be billed at six-month intervals for all accumulated costs for each application the applicant has on file for review by L
the Commission until the review is completed, except for amendment and other approvals for early site permits which will be billed in a deferred manner consistent with that oddressed in paragraph (d)(4) of this section.
Each bill will identify the applications and costs related to each.
(d) Renewal fees. (1) Renewal fees for materials licenses and approvals notsubjecttofullcostreviewsmustaccompanytheapplicationwhenitis filed.
)
!J) Fees for applications for renewals that are subject to the full cost i
of the review are payable upon notification by the Commission.
Except as noted in paragraphs (d)(3) and (d)(4) of this section, each applicant will be billed at six-month intervals for all accumulated costs for each application that the applicant has on file for review by the Commission until the review is completed.
Each bill will identify the applications and the costs related to each.
(3) Fees for review of an application for renewal of a standard design certificat h shall be deferred as follows:
The full cost of review for a renewed standard design certification must be paid by the applicant for renewal or other entity supplying the design to an applicant for a construction permit, combined license issued under Part 52, or operating license, as appropriate,
]
L in five (5) equal installments.
An installment is payable each of the first five times the renewed certification is referenced in an application for a con-I struction permit, combined license, or operating license.
The applicant for renewal shall pay'the installment, unless another entity is supplying the design to the applicant for the construction permit, combined license, or operating i
license, in which case the entity shall pay the installment.
If the design is l
not referenced, or if all costs are not recovered, within fifteen years after the date of renewal of the certification, the applicant for renewal shall pay
]
the costs for the review of the application for renewal, or remainder of those costs, at that time.
)
(4) Fees for the review of an toplication for renewal of an early site per-mit shall be deferred as follows: 7ne nolder of the renewed permit shall pay the applicable fees for the renewed permit at the time an application for a construction permit or combined license referencing the permit is filed.
If, L
I l
23 l
at the end of the renewal period of the permit, no facility application refer-encing the early site permit has been docketed, the permit holder shall pay any outstanding fees for the permit.
(e) Approval fees.
(1) fees for applications for materials approvals that are not subject to full cost recovery must accompany the applicction when it is filed. Fees for those applications subject to full cost reviews are payable upon notification by the Commission.
Each applicant will be billed at six morith intervals until the review is completed. Each bill will identify the applications and the costs related to each.
(2)(1) There is no application fee for standardized design approvals or certifications issued under 10 CFR part 52.
The full cost of review for a staridardized design approval or certification must be paid by the holder of the design approval, the applicant for certification, or other entity supplying the design to an applicant for a construction permit, combined license issued i
under Part E2, or operating license, as appropriate, in five (5) equal install-rents. An installment is payable each of the first five times the approved /
certified design is referenced in an application for a construction permit, combined license issued under 10 CFR Part 52, or operating license.
In the case
" a standard design certification, the applicant for certification shall pay
+he installment, unless ar9ther entity is supplying the design to the applicant l
fcr the construction permit, combined license, or operating license, in which
- ?:e the other entity shall pay the installment.
(ii)(A) In the case of a design which has been approved but not certified ar.d for which no application for certification is pending, if the design is not referenced, or if all costs are not recovered, within five years after the
- e of the preliminary design approval (PDA) or the final design approval (FDA),
the applicant shall ply the costs, or remainder of those costs, t.t that time; (B)Inthecaseofadesignwhichhasbeenapprovedandforwhichanappli-cation for certification is pending, no fees are due until after the certifica-tion is granted.
If the design is not referenced, or if all costs are not recovered, within fif teen years af ter the date of certification, the applican't shall pay the costs, r.r remainder of those costs, at that time.
(C) In the case of a design for which a certification has been granted, if the design is not referenced, or if all costs are not recovered, within fifteen t.
24 a
i t
years after the date of the certification, the applicant shall pay the costs for the review of the application, or remainder of those costs, at that time.
(f) Special Project Fees.
Fees for applications for special projects such as topical reports are based on full cost of the reviews and are payable upon notification by the Commission.
Each applicant will be billed at six-month intervals until the review is completed.
Each bill will identify the applications and the costs related to each.
A A A A A (h) Method of payment.
Fee payments shall be made by check, draft, money order or electronic fund transfer made payable to the U.S. Nuclear Regulatory Commission.
Where specific payment instructions are provided on the bills to ap-plicants or licensees, payment should be made accordingly, e.g., bills of $5,000 i
or more will normally indicate payment by electronic fund transfer.
- 5. Section 170.20 is revised to read as follows:
S 170.20 Average cost per professional staff-hour.
1 1
Fees for permits, licenses, amendments, renewals, special projects, Part 55 requalification and replacement examinations and tests, other required approvals i
and inspections under SS 170.21 and 170.31 which are based upon the full costs for the revietf or inspection will be calculated using a professional staff rate per hour equivalent to the sum of the average cost to the agency for a profes-sional staff member, including salary and benefits, administrative support and travel.
The professional staff-hour rate for the NRC for FY 1990 is $92 per hour.
- 6. In S 170.21, Category J. Special Projects and Footnotes 2 and 4 to the schedule are revised and Footnote 5 is added to read as follows:
S 170.21 Schedule of fees for production and utilization facilities, review of standard reference design approvals, special projects, and inspections.
- A A A A 25
f i
1 J. Special peojects Apptovals:
5 1.
Topical reports.......................................
$50,000 2.
Amendments, revisions and supplements to topical reports5...............................................
$50,000 l
3.
All other approvals, special projects, reports and amendments except those specified in 1 and 2 above.....
Full Cost
- a***
2Fu11 cost fees will be determined based on the professional staff time and i
appropriate contractual support services expended.
For those applications cur-rently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the revi6w of the application up to the effective date of this rule will be determined at the pro-fessional rates 'stablished for the June 20, 1984, and January 30, 1989, rule revisions, as appropriate.
For those applications currently on file for which review costs have reached the applicable fee ceiling established by the June 20, 1984, rule, but are still pending completion of the review, the cost incurred af ter any appi' cable ceiling was reached through January 29, 1989, will not be billed to the applicant.
Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by 6 170.20, as appropriate, except for topical reports whose costs exceed $50,000.
Costs which exceed $50,000 for each topical report, amendment, revision or supplement to a topical report completed or under review from Janu-ary 30, 1989, to the effective date of this rule will not be billed to the appli-For topical reports, and amendments, revisions, and supplements to topical cant.
reports, the amount shown is the maximum that may be assessed for each report or each amendment, revision and supplement.
In no event will the total review costs be less than $150.
4Co11ection of the review costs for a preliminary design approval (PDA) and final design' approval (FDA) are deferred, respectively, for a period of L
l five years from the approval; except that, if the design is referenced during that period, 20 percent of the total costs will be payable by the holder of the design approval or certificate as each reference is made until the full L
L costs are paid.
If the design is certified, the five year deferral period is I
extended to 15 years from the certification, with the same proviso that 20 percent of the costs will be payable each time the design is referenced.
l In the event the full costs are not recovered by the end of the applicable g
deferral period, the holder of the design approval or certificate must pay the l-remainder of any costs not previously recovered by the NRC.
Applications for amendments to PDAs, FDAs and certifications are subject to full costs and will be billed upon completion of the review, i
SThe amount shown represents the maximum amount that may be assessed for each topical report or each amendment, revision, and supplement to a topical l-report.
1 7.
Section 170.31 is revised to read as follows:
1 L
S 170.31 Schedule of fees for materials licenses and other regulatory services includino inspections.
1 Applicants for materials licenses and other regulatory services and l'
holders of materials licenses shall pay fees for the following categories of services.
This schedule includes fees for health and safety, and safeguards inspections, where applicable.
SCHEDULE OF MATERIALS FEES (See footnotes at end of table)
Category of materials licenses and type of fees!
Fee,3 2
1.
Special nuclear material:
I A.
Licenses for possession and use of 200 grams or more of plutonium in unsealed form or 350 grams 27
or more of contained U-235 in unsealed form or 200 grams or more of U-233 in unsealed form.
This includes applications to terminate licenses i
as well as licenses authorizing possession only:
License, Renewal, Amendment...................
Full Cost Inspections:
?
Routine..................................
Full Cost i
Nontoutine...............................
Full Cost B.
Licenses for receipt and stortge of spent fuel at an independent spent fuel storage installation (ISFSI):
I License, Renewal, Amendment...................
Full Cost Inspection >:
Routine..................................
Full Cost Nonroutine...............................
Full Cost Licensesforpossessionahduseofspecial C.
r nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers:4 Application - New license.....................
$ 400 Renewal.......................................
$ 400 Amendment.....................................
$ 300 Inspections:
Routine..................................
$ 370' Nonroutine...............................
$1,100 0.
All other special nuclear, material licenses, except licenses authorizing special nuclear material in unsealed form in combination that would constitute a critical quantity, as l
\\
t b
28 US
,4.
f defined in i 150.11 of this chapter, for which the licensee shall pay the same fees as those for Category 1A: 4 i
t Application - New license.....................
$ 550 Renewal.......................................
$ 550 t
Amendment....................................
$ 180 i
Inspections:
Routine...................
$ 550 I
Nonroutine...............................
$ 640
.2.
Source material:
A.
Licenses for possession and use of source material in recovery operations such as mill-ing, in-situ leaching, heap-leaching, refining uranium mill concentrates to uranium hexafluoride, ore buying stations, ion ex-change' facilities and in processing of ores contrining source material for extraction of metals othea than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses author-izing the possession and maintenance of a facility in a standby mode:
License, Renewal, Amendment...................
Full Cost Inspections:
Routine.................................
Full Cost Nonroutine...............................
Full Cost.
B.
Licenses for possession and use of source material for shielding, except as provided for in S 170.11(a)(8):
1 29
i i
t Application - New license.....................
90 Renewal.......................................
90 Amendment.....................................
90 L
Inspections:
4 Routine..................................
$ 230 Nontoutine...............................
$ 280 C.
All other source material licenses:
Application - New license.....................
$ 630 Renewal.......................................
$ 600 Amendment.....................................
$ 360 Inspections:
Routine..................................
$ 640 Nontoutine...............................
$1,200
' Byproduct material:
9 A. -
Licenses of broad scope for possession and use h
of.' byproduct material issued pursuant to Parts 30 i
and 33 of this chapter for processing or manu-facturing of items containing byproduct material for commercial distribution.
Application - New license.....................
$1,9 0=
V Renewal....................
$1,100 Amendment.....................................
$ 180 Inspections: 5 Routine..................................
$1,700 Nontoutine...............................
$1,700 B.
Other licenses for possession and use of byproduct material issued pursuant to Part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution.
30 o
i l
Application - New license.....................
$1,000 Renewal.......................................
$1,800 l
Amendment.....................................
$ 440
]
Inspections:5 Routine..................................
$ 830 j
Nonroutine...............................
$1,600 i
i
)
C.
!.icenses issued pursuant to il 32.72,32.73,and/or 32.74 of Part 32 of this chapter authorizing the
)
processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, i
i reagent kits and/or sources and devices containing byproduct material.
i Applica tion - New license.....................
$2,700 Renewal.......................................
$1,100 Amendment.....................................
$ 370 Inspections:
i Routine..................................
$1,100
-j Nonroutine...............................
$1,500 1
D.
Licenses and approvals issped pursuant to j
ll 32.72, 32.73, and/or 32.74 of Part 32 of this chapter authorizing distribution or re-
)
i distribution of radiopharraceuticals, genera-
]
tors, reagent kits and/or sources or devices j
i not involving processing of byproduct material:
Lo 4
I Application - New license.....................
$ 900
)
Renewal.......................................
$ 400 j
i' Amendment..........'..........................
$ 250 i
Inspections:
Routine..................................
$ 640 Nonroutine...............................
$ 920 31
a i
E.
Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed fromitsshield(self-shieldedunits):
Application - New license.....................
$ 400 l
Renewal.......................................
$ 350 I
Amendment.....................................
$ 200 Inspections:
i Routine..................................
$ 370 Nonroutino...............................
$ 550 F.
Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes:
r e
Application - New license.....................
$ 920 Renewal.......................................
$ 320 Amendment.....................................
$-280 inspections:
R o'J t i n e.................................
$ 460 Nonroutine...............................
$1,000 l-G.
Licenses for possession and use of 10,000 curies i
or more of byproduct material in sealed sources for irradie. tion of materials in which the source is exposed for irradiation purposes:
t I
L Application - New license.....................
$3,700 Renewal....................................... $1,500 Amendment..........:.......................... $ 370 inspections:
L.
Routine.................................. $ 830 Nonroutine................,..............
$1,100 32 s
J
H.
Licenses issued pursuant to Subpart A of Part 32 of this chapter to distribute items ::ontaining byproduct material that require device review to persons exempt from the licensing tequirements et Part 30 of this chapter, except specific lice.nses authorizing redistribution of items that F. ave been authorized for distribution to persons exempt from the licensing requirements of Part 30 of this chapter:
Application - New license.....................
$1,700 4
Renewal.......................................
$ 850 Amendment.....................................
$ 200 Inspections:
Routine..................................
$ 550 Nonroutine...............................
$ 550 1.
Licenses issued pursuant to Subpart A of Part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of Part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of Part 30 of this chapter:
Application - New license.....................
$2,100 Renewal.......................................
$ 960 Amendment.....................................
$ 280 Inspections:
Routine..................................
$ 370 Nonroutine...............................
$ 550 33
,e
L i
i
- J; Licenses' issued pursuant to Subpart B of Part 32 of.this chapter to distribute items containing
~
byproduct material that require sealed source I
and/or device review to persons generally licensed under Part 31 of this chapter, except specific iicenses authorizing redistribution of items that hade been authorized for distribution to persons generally licensed under Part 31 of this chapter:
.I i
q Application - New license.....................
$2,000 Renewal.......................................
$ 460 Amendment.....................................
$ 310 Inspections:
Routine..................................
$ 550 J
Nontoutine...............................
4 550 4
d.
Licenses issued pursuant to Subpart B of Part 32 of this chapter to distribute items containing byproduct material or qua,ntities of byproduct raterial that do not require sealed source and/or device. review to persons generally licensed under Part 31.of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 31 of this chapter.
L I
l-Application - New license.....................
$1,500 Renewal-.......................................
$ 750 Amendment.....................................
$ 230 p.-
Inspections:
Routine...................................
$ 550 Nontoutine...............................
$ 550 p
Licenses.of broad scope for possession and use of t
byproduct material issued. pursuant to Parts 30 and 34 l
t
33 of this chapter for research and development that do not authorize commercial distribution:
l Application - New license.....................
$1,800 Renewal.......................................
$1,600 Amendment.....................................
$ 400 Inspections:
Routine..................................
$ 740 Nonroutine...............................
$ 920 0
M.
Other licenses for possession and use of byproduct material issued pursuant to Part 30 of this chapter for research and development that do not authorize commercial distribution:
Application - New license.....................
$ 900 Renewal.......................................
$ 900 Amendment'.....................................
$ 500 Inspections:
Routine..................................
$ 640 Nonroutine...............................
$ 740 N.
Licenses that authorize services for other licensees, except (1) licenses that authorize calibration and/or leak testing services only are subject to the fees specified in fee Category 3P, and (2) licenses that authorize waste disposal services are subject to the e
fees specified in fee Categories 4A, 4B, and 4C:
Application - New license.....................
$1,100 Renewal.......................................
$ 640 Amendment..........'...........................
$ 320 Inspections:
Routine..................................
$ 550 Nonroutine...............................
$ 550 35
-.1 I
t I
0.
Licenses for possession and use of byproduct mate-1 rial issuet pursuant to Part 34 of this chapter for i,idustrial radiography operations.
i j
Application - New license.....................
$2,400 Renwal.......................................
$1,400 Amendmeni.....................................
$ 390 i
Inspections *5 i
l Routine..................................
$ 9?O 3
Nonroutine...............................
$2,0l'0 i
P.
All other specific byproduct material licenses, except those in Categories 4A through 9D:
Application - New license.....................
$ 400 Renewal.......................................
$ 400 Amendment.....................................
$ 300 t
Inspections:
Routine..................................
5 920 Nonroutine...............................
$ 920 4.
Waste disposal and processing:
A.
Licenses specifically authorizing the receipt of waste byproduct material, source material or special nuclear material fro': other persons for the purpose ofcommercialdisposalbylandburialbythelicerisee; or licenses authori_ zing contingency storage of low level radioactive waste at the site of nuclear power reactors; or licenses for treatment or disposal by t
incineration, packaging of residues resulting from incineration and transfer of packages to another i
person authorized to receive or dispose of waste material:
l 36 x
i l
i I
License, renewal, amendment...................
Full Cost i
L Inspections:
Routine..................................
Full Cost Nonroutine...............................
Full Cost l
l-B.
Licenses specifically authorizing the receipt of I
l waste byproduct material, source.T.aterial, or special nuclear material from other persons for the purpose of packaging or repackaging the mate-1 l
rin.
The licensee will dispose of the material I
l by transfer to another person authorized to i
receive or dispose of the material:
Application - New license.....................
$2,200 i
Renewal.......................................
$1,500-
)
1 Amendment.....................................
$ 160 Inspections:
1 Routine..................................
$1,700
'l Nonroutine...............................
$1,300 i
i C.
Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear materiel from other l
persons.
The licensee will dispose of the material l
by transfer to another person authorized to receive l
or dispose of the material:
Application - New license.....................
$1,500 Renewal.......................................
$ 740 Amendment.....................................
$ 180 Inspections:
~
Routine.................................
$1,300 l
Nonroutine...............................
$1,700 37 l'
7:
~
r.
5.
Well icgging:
A.
Licenses for possession and use.)f byproduct material, source material, and/or special nuclear material for well logging, well sueveys, and tracer studies other than field flooding tiacer studies:
Application - New license.....................
$2,700 Renewal.......................................
$1,600 Amendment.....................................
$ 430 Inspections:
Routine.................................
$ 640 Nonroutine...............................
$ 640 B.
Licenses for possession and use of byproduct material for field flooding tracer studies:
j i
License, renewal, amendment...................
Full Cost Inspections:
Routine..................................
$ 550 Nunroutine..............................
$ 830 6.
Nuclear laundries:
A.
Licenses for commercial collection and laur. dry of items contaminated with byproduct material, source material, or special nuclear material:
Application - New license.....................
$1,100 Renewal.......................................
$1,100 Amendment....................................
$ 280 Inspections:
Routine..................................
$ 920 Nonroutine................................
$1,500 38
+
4 l
7.
Human use of byproduct, source, or special nuclear material:
4 A.
Licenses issued pursuant to Parts 30, 35, 40, and 70 of this chapter for human use of byproduct mate-j rial, source material, or special nuclear material in sealed sources contained in teletherapy devices:
Application - New license.....................
$2,700 Renewal.......................................
$ 630 Amendment.....................................
$ 340 Inspections:
Routine..................................
$ 920 Nonroutine...............................
$1,500 B.
Licenses of broad scope issued to medical institu-tions or two or more physicians pursuant to Parts 30, 33, 35, 40 and 70 of this chapter authorizing research j
and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices:
1 Application - New license.....................
$1,800 Renewal.......................................
$1,600 Amendment.....................................
$ 290 Inspections:
Routine..................................
$1,300 Nonroutine...............................
$1,400 i
h i
t Other licenses issued pursuant to Parts 30, 35, 40, and 70 of_this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for imprcduct material, 39 t
E 1
source material, or special nuclear material in seeled sources contained in teletherapy devices:
Application - New license.....................
$ 570 Renewal.......................................
$ 830 Amendment.....................................
$ 340 Inspections:
Routine..................................
$ 830 Nontoutine...............................
$1,200 8.
Civil defense:
A.
Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities:
Application - New license.....................
$ 460 Renewal.......................................
$ 320 Amendment.....................................
$ 250 Inspections:
Routine..................................
$ 550 Nontoutine......................,........
$ 550 9.
Device, product or sealed source safety evalusif(n, L
A.
Safety evaluation of devices or products con-4 L
taining byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution:
L Application - each device.....................
$2,600 l
Amendment - each device.......................
$ 920 L
Inspections...................................
None E
B.
Safety evaluation of devices or products con-taining byproduct material, source material, l
40 1
l
or special nuclear material manufactured in accordance with the unique specifications of, and for use by a single applicant, except reactor fuel devices:
Application - each device.....................
$1,300 Amendment - each device.......................
$ 460 Inspections...................................
None C.
Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for i
commercial distribution.
Application - each source.....................
$ 550 Amendment - each source.......................
$ 180 Inspections...................................
None D.
Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by a sir.gle applicant, except reactor fuel:
Application - each source.....................
$ 280 Amendment - each source.......................
90 Inspections...................................
None 10.
Transportation of radioac'.in material:
A.
Evaluation of casks, packages, and shipping r
containers:
Approval, Renewal, Amendment.................. Full Cost Inspections...................................
None 41
.1 P
B.
Evaluation of Part 71 quality assurance programs:
Appli ca ti on - Approval........................
180 Renewal.......................................
180 Amendment.....................................
180 Inspections...................................
None 11.
Review of standardized spent fuel facilities:
Approval, Renewal, Amendment.................. Full Cost Inspections...................................
None 12.
Special projects:
Approval:
1.
Topical reportsC..........................
$50,000 2.
Amendments, revisions and supplements to topical reports 0
$50,000
+
3.
All other approvals (including trans-portation route approvals), special projects,reportsandamendments except those specified in 1 and 2 above.................................... Full Cost Inspections...................................
None 13, A.
Spent fuel storage cask Certificate of Compliance:
Approvals..................................... Full Cost Amendments, revisions and supplements......... Full Cost Reapproval.................................... Full Cost B.
Inspections related to spent fuel storage cask Certificate of Compliance:
42 i
l 1
Routine....................................... Full Cost-honroutine.................................... Full Cost C.
Inspections relateo to storage of spent fuel j
under i 72.210 of Part 72 of this chapter:
)
Routine....................................... Full Cost i
Nonroutine.................................... Full Cost 14 Byproduct, source or special nuclear material licenses and other approvals authorizing decommissioning, decon-taraination, reclamation or site restoration activities pursuant to 10 CFR Parts 30, 40, 70 and 72*
Approval, Renewa l, Amendrnent..................
Full Cost inspection:
Routine..................................
Full Cost Nonroutine...............................- Full Cost ITypes of fees - Separate charges as shown in the schedule will be assessed for applications for new licenses and approvals, issuance of new licenses and approvals, amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources and devices, and inspec-tions. The following guidelines apply to these charges:
(a) Application fees - Applications for new materials licenses and approvals or applications to reinstate expired licenses and approvals, except those 50Wect to fees 6ssessed at full cost, must be accompanied by the prescribed application fee for each category, except that applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied,by the prescribed application fee for the highest fee category.
(b) License / approval fees - Fees for applications for new licenses and approvals subject to full cost fees (fee Categories 1A, 1B, 2A, 4A, i
,e 43
5B, 10A, 11, 12, 13A and 14) are due upon notification by the Commission in accordance with 6 170.12(b), (e), and (f).
(c) Renewal /reapproval fees - Applications for renewal of materials licenses and approvals must be accompanied by the prescribed renewal fee for each category, except that fees for applications for renewal of licenses and approvals subject to full cost fees (fee Categories 1A, 1B, 2A, 4A, 58, 10A, 11, 12, 13A and 14) are due upon notification by the Commission in accordance with i 170.12(d).
(d) Amendment fees - Applications for amendments to licenses and approvals, except those subject to fees assessed at full costs, must be accompanied by the prescribed amendment fee for each license affected.
An application for an amendment to a license or approval classified in more than one fee category must be accompanied by the prescrit ed amendment fee for the category affected by the amendment unless the amendment is applicable to two or more fee categories in which case the amendment fee for the highest fee category would apply.
For those licenses and approvals subject to full costs, (fee Categories 1A, IB, 2A, 4A, SB, 10A, 11, 12, 13A and 14) amendment fees are due upon notification by the i
Commission in accordance with 6 170.12(c).
An application for amendment to a materials license or approval that wnold place the license or approval in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for the new category, i
l An application for amendment to a license or approval that would reduce the scope of a licensee's program to a lower fee category must be accompanied by the prescribed amendment fee for the lower fee category.
j Appli.:ations to terminate licenses authorizing small materials pro-l-
grams, when no dismantling or decontamination procedure is required, L
shall not be subject to fee.
1 i
s.
~
l-44 L
l
(
(e) Inspection fees - Separate charges will be assessed for each routine and nontoutine inspection performed, except that inspections resulting from investigations conducted by the Office of Investigations
.and nonroutine inspections that result from third-party allegations will notbesubjecttofees.
If a licensee holds more than one materials license at a single location, a fee equal to the highest fee category covered by the licenses will be assessed if the inspections are conducted at the same time, except in cases when the inspection fees are based on-the full cost to conduct the inspection.
The fees assessed at full cost will be determined based on.the professional staff time required to con-duct the inspection multiplied by the rate established under $ 170.20 of i
this part, to which any applicable contractual support service costs incurred will be added.
Licenses covering more than one category will be charged a fee equal to the highest fee category covered by the license.
Inspection fees are due upon notification by the Commission in accordance with S 170.12(g).
See Footnote 5 for other inspection notes.
2 Fees will not be charged for orders issued by the Commission pur-suant to S 2.204 of Part 2 nor for amendments resulting specifically from such' Commission orders.
However, fees will be charged for approvals issued pursuant to a specific exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations (e.g.,
SS 30.11, 40.14, 70.14, 73.5, and any other such sections now or hereafter in effect) regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form.
In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Categories 9A through 90.
3Fu11 cost fees will be determined based on the professional staff time and appropriate contractual support services expended.
For those applications currently on file and for which fees are determined based on the' full cost expended for the review, the professional staff hours expended for the review of the application up to the
- 'ective date of this rule will be determined at the professional raten, established for the 45
June 20, 1984, and January 30, 1989, rules, as appropriate.
For thou appli-cations currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, rule, but are still pending comple-tion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant.
Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by 5 170.20, as appropriate, except for topical reports whose costs exceed $50,000.
Costs which exceed $50,000 for each topical report, amendment, revision or supplement to a topical report com-pleted or under review from January 30, 1989, to the effective date of this rule will not be billed to the applicant.
In no event will the total review
(
costs be less than $150.
t 4 Licensees paying fees under Categories 1A and IB are not subject to fees under Categories 10 and ID for sealed sources authorized in the same license except in those instances in which an application deals only with the sealed sources authorized by the license.
Applicants for new licenses or renewal of existing licenses that cover both byproduct i
material and special nuclear matertal in sealed sources for use in gaug-ing devices will pay the appropriate application or renewal fee for fee L
Category IC only, f
SFor a license authorizing shielded radiographic installations or manufacturing installations at more than one address, a separate fee will be assessed for inspection of each location, except that if the multiple installations are inspected during a single visit, a single inspection fee will be assessed.
6The amou'nt shown represents the maximum amount that may be assessed for each topical report or each amendment, revision, and supplement to a topical report.
l Dated at Rockville, Maryland, this th day ht 1990.
For t Nuclear R Commission.
at) g latorSA Tafnuel ). Chil%,
Secretary of tHe Commission.
46'
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