ML20043H075
| ML20043H075 | |
| Person / Time | |
|---|---|
| Issue date: | 05/23/1990 |
| From: | Scroggins R NRC OFFICE OF THE CONTROLLER |
| To: | |
| Shared Package | |
| ML19330E503 | List:
|
| References | |
| FRN-55FR21173, RULE-PR-170 AD23-2-57, NUDOCS 9006210545 | |
| Download: ML20043H075 (16) | |
Text
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'6 UNITED STMES
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NUCLEAR REGULATORY COMMISSION
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b IMPORTANT NOTICE May 23, 1990 T0:
ALL PARTS 30, 40, 50, 61, 70, 71, 72 AND 73 LICENSEES, APPLICANTS AHD REAC10R VENDORS
SUBJECT:
FlHAL REVIs10HS TO 10 CFR 170 ON LICENSE FEES Gentlemen:
On December 1,1989, the U.S. Nuclear Regulatory Comission published in the Federal gister (54 FR 40763) for public comment a Notice of Proposed Rulemaking which would amend its schedule of fees in Part 170 for facilities and materials applications and licenses. You were informed of the proposed changes by letter notice dated December 1,1989.
Af ter consiocration of coments received, including the ouestions raised at the three regional public meetings, the Commission has adopted a revised schedule of fees as set forth in the enclosed amendment to 10 CFR 170, Fees For Facilities and Materials Licenses and Other Regulatory Services under the Atomic Energy Act of 1954, as amended. The final revised rule and schedule was published in the Federal _ Register on May 23, 1990 and will become effective July 2, 1990. The major changes from the current rule are:
(1) amend 10 CFR 170.20 to change the cost per professional staff-hour from $86 per hour to $92 per hour; (2) update the schedule of fees in 10 CFR 170.31 for small radioisotope programs based on the FY 1990 budget including the addition of a roduct applications for deccmissioning;-(3) establish in Part 170 a fee 1or byp$50,0001or topical report reviews and $50,000 for the review of any ceiling of amendments, revisions or supplements to topical reports; (4) remove the $150 appli:ation filing fee in 10 CFR 170.31 for those applications where fees are assessed based on the full cost of the review; (5) modify 10 CFR 170.31, fee Category 3N, with a provision added that licenses which authorize leak test services and/or calibration' services only will be subject to f ee Category 3P; (6) change fee Category 10B from full cost fees to flat fees; (7) delete the exemption provision in 10 CFR 170.11(a)(3), broaden.the exemption in 5 170.11(a)(4) and clarify the exemption in 5 170.11(a)(5); (8) establish a new exemption provision in 10 CFR 170.11(e.)(11) to provide that Indian Tribes and Indian organizations that are federally recognized as eligible for services provided by the Secretary of the Interior because of their status as Indians will be exempt from fees; (9) amend 10 CFR 170.12(d) and (e) and footnote 4 to 1
5 170.21 to clarify that fees for a standard design certification, if not referenc~' will be recovered within 15 years f rom the dete of certification or reneral of she certification; and-(10) revise 10 CFR 170.12(h) to request that bills in excess of $5,000 be paid by electronic fund transfer.
@ 9006210545 900618 PDR PR 170 55FR21173 PDR y
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~2-The final rule changes are essentially _as proposed, except for the following:
1.
The professioral staff-hour rate in 10 CFR 170.20 is $92 in lieu cf the proposed rate of $95. The decrease is a retuit of adjustments msde by Congress to the FY 1990 budget. All iees shown in the proposed rule for small radioisotope licenses have been reduced in the final rule to-reflect the decrease.
2.-
The $150 application filing fee in 10 CFR 170.31 for those applications where fees are assessed based on the full cost of the review has been removed.
3.
With respect to the fee ceiling of $50,000 which has been established for topical reports, the Commission will, as a matter of policy, exempt all costs that exceed $50,000 for topical reports which were completed on or after January 30, 1989.
l 4.
The exemption provision in 10 CFR 170.11(a)(11) relating to Indian Tribes and Indian organizations has been modified so that it does not cover licenses authorizing the distribution of products or the offering of consultant services..
5.
10CFR170.12(d)(3)and(e)(2)(ii)(B)and(C)aswellasfootnote4 to 10 CFR 170.21 have been amended to clarify that fees for a standard design certification, if not referenced, will be recovereo within 15 3 ears from the date of certification or ranewel of the certification.
]
Questions relating to the final revision should be directed to the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Office of the Controller.
/
Y l'd 'g Ronald M. Scroggins Controller
Enclosure:
Federal Register Notice
- l i
u,
i.
I 10 CFR 170 t
Final' Revision of Fee Schedules:
Radioisotope Licenses and Topical Reports 55 FR 21173 - 21184 CORRECTIONS 1.
Page 21174, second column.
In the seventh line of the first response, delete the word "the" af ter the word Treasury.
2.
Page 21179, second column.
Initem4,s170.12(a)Applicationfees,the-second sentence should be replaced with the following two sentences:
Applichtions subject to fees for which no remittance is received will not be processed and may be returned to the aaplicant. All application fees will be charged irrespective of tie Commission's disposition of the application or a withdrawal of the application.
3.
Page 21180, third column. The first heading directly under Schedule of Facility fees should read " Facility categories and types of fees" rather than "f amily categories and types of fees."
4.
Page 21182, first column, Category 3N. The seventh word of the text should read " licensees" rather than " licenses."
5.
Page 21183.
(a) first column, Category 9B. Tne fourth word of the text should read " devices" rather than "devies."
(b)- third column, footnote 1 (d) Amendment fees. The last sentence beginning with "For those licenses" should be replaced with the following sentence:
For those-licenses and approvals subject to full costs (fee categories 1A, 1B, 2A, 4A, 5B, 10A, 11, 12, 13A and 14) amendment fees are due upon notification by the Commission in accordance with s 170.12(c).
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I'ederal Register / Vol. 55, No.100 / Wednesday, May 23, 1990 / Rules cnd Regulations 21173 identifiable recipients and to encourage years have elapsed since the scheduks the continued submittal of topical were revised. During that time, the F
reports.
professional licensing staff. hour rate The notice of proposed rulemaking increased from $58 per hour to $92 per j
invited interested persons to submit hour, a 59% increase. The professional l
written comments for cansideration in inspection staff hour rate has increased connection with the proposed from $53 per hour to $92 per hour, a 74%
amendments on or before January 30, increase. One commenter who 19m in addition the Commission's staff supported the proposed changes pointed NUCLEAR REGULATORY has been available to answer any out that the hourly rate increases have COMMISSION questions concerning the proposed been on an average of 6 to 7 percent per 10 CFR Part 170 rulemaking.Three public meetings were
' cur, barely keeping pace with inflation.
held in Regions 1.111. and IV to discuss n addition, there have been changes in RIN 3160-AD23 the proposed changes and consider any the emphasis on some of the programs questi ns. A total of eleven industry and resulting in greater professional staff i
Revision of Fee Schedufes:
Agreement State representatives effort being expended for those Radioisotope Licenses and Topical attended the three meetings. The particular categories of licenses. With Reports Commission placed a copy of the respect to the question of why renewals AGENCY: Nuclear Regulatory workpapers relating to the proposed rule require more time than new licenses for Commission.
In its public Document Room at 2120 L Category 3B, this type of license of ten Street NW., Washington, DC, in the has frequent amendments to add new ACTION: Final rule.
lower level of the Celman Building ~
products or to change existing descriptions of products or processes.
Comm sion(N is
[.
- 11. Resp nses to Comments regulations by revising its e m c= of The Commission received twenty nine le o a c
1 ter nine fees charged for licensing ane.,gulatory (29) letters commeating on the proposed which descriptions are current and services provided by the NRC. The rule. Eighteen letters were from persons which have been superseded, a situation revised schedule of fees will more concerned with materials license fees that does not occur with a new completely recover NRC costs incurred (including five Agreement Statn) and appl cation in addnion, cot.panies i
in providing services to identifiable eleven letters were from utility licensees applying for new licenses will on the recipients, including both materials nnd and owners groups concerned with fees average operate simpler programs using facility applicants. The revision is based for part 50 facilities. The comments fell both smaller activities and varieties of on the FY 1990 budgeted costs of into the following broad categories:
radioisotopes than are utilized by the providing services in accordance with
- 1. Increases in fees.
existing licensees.
the Commission's license fee guidelines
- 2. Reestabbshment of a ceiling for topical 1.icense renewals in Category 7C h
h" and evaluation of public comments on report reviews.
the proposed rule. All applicants and
- a. payment of fees by electronic fund transfer {4jlj'u wb e
licensees currently subject to fees under (UTI-medical use licensee renewing a yicense NRC regulations are affected by the rule.
- F""ption provisions.
is an institution offering a full variety of
- 5. Other comments.
EFFECTIVE DATE: luly 2.1990.
diagnostic services and often some
. ncreases in fees.
therapy services. The average applicant FOR FURTHER INFORMATION CONTACT:
Comment. Commeniers main concern I r a new medical use license is a small Lee Hiller, Deputy Controller, U.S.
is that the proposed increases were clinic or private physician who is Nuclear Regulatory Commission, substantial and businesses would find it requesting authorization to perform one Washington, DC 20555. Telephone (301) very difficult to escalate prices on a or a few medical procedures. Because of SL percentage basis as intended by the the total revislan of to CFR part 35 SUPPLEMENT ARY INFORM ATION:
pro osed rule. In several specific area, which became effecti%e in 1987, new i Background suc as teletherapy and nuclear
!! Responses to Comments medicine (Categories 7A and 7C),
applicants and hcensees renewing medical use licensen must submit 111 Changes included in the Final Rule manufacturing (Category 3B) and IV Section-by-Section Analysis research and development (Category complete applications and descriptions for all activities to be authorized. Thus V F.nvironmental impact: Categorical 3M) commenters were concerned not only about the proposed increases but the simplifications in the licensing Vil Regulatory Analysis why, in some instances, the proposed process due to the,part 35 revision have Vi paper ork Reduction Act Statement Vllt Regulatory Flexibility Certification cost for an application for renewal helped reduce review time for the IX Backfit Analysis would exceed the cost of a new simpler programs being initiated more application. Some commenters also than for the existing programs with more I. Dackground indicated that inspection fees are too activities to describe.
On December 1,1989 (54 FR 49763-high because, in some instances, Some commenters, particularly 49771), the Commission published in the inspections take no more than one hour Agreement States, support the revision Federal Register a notice of proposed to perform.
in that it strengthens the fee schedules rulemaking for revisions to 10 CFR part Response. The Commission agrees for cr'egories oflicenses regulated by 170(" Fees for Facilities and Materials that the proposed increases in many Agreement States.The Commission will 1.icenses and Other Regulatory Serv-instances may be substantial. However, proceed in adjusting the fees in part 170 ices * * '"). This action was necessary as was pointed out in the proposed rule, because the Independent Offices for the Commission to update the fee the last revision 'o the materials license Appropriation Act of1952 (IOAA) schedules in part 170 to more completely fees in in CFR part 170 was in 1984 and requires that fees be updated as recover costs incurred by the the fees in that schedule were based on necessary to more fully recover the Commission in providing services to FY 1981 data. In terms of cost data, ten Commission's costs of processing
21174 Federal Register / Vol. 55, No.100 / Wednesday May 23, 1990 / Rules and Regulations applications and conducting inspections. accomplish, and at times, is not administrative cost for initiating, d
With respect to inspections, the available or desirable to use, processing and tracking the payment for inspection fee covers raore than just the Response. The Commission has the licensee as well as the NRC.
time an inspector may spend on the established the $5.000 requirement for Response. The Commission agrees premises conducting the inspection. As EFT and will provide specific and has made the necessary changes to indicated in i 170.12(g) the inspection instructions on its use for those bills eliminate the $150 filing fee in i 170.31.
i fee includes preparation time time on issued for more than $5.000. This is This is consistent with a similar change site and documentation time as well as consistent with U.S. Department of the that was made with respect to filing fees any associated contractual services Treasun the cash management in i 170.21 effective January 30,1989.
costs but excludes the time involved in initiatives and will encourage timely b.Two commenters noted the the processing and issuance of a notice recolpts and deposits of monies owed to inconsistency between 10 CFR 52.55 of violation or civil penalty, the Federal Government.
" Duration of Certification" which
- 2. Reestablishment of a ceiling for
- 4. Exemption provisions:
topical report reviews:
Comment. Five commenters provides a 15 year validity of design Comment. Nine commenters addressed the changes being proposed certificates and i 170.12 payment of addressed the reestablishment of a in the exemption f rovisions of i 170.11 Fees, paragraph (e)(21(lil(C) and footnote 4 to 5170.21 which mandate a ceiling for topical reports. Several (a)(3), (a)(4) and (a)(11). The comments 10 year period over which review costa l
commenters supported the $50.000 ranged from the suggestion of totally are recovered for designs not referenced i
ceiling as an oppropriate level for eliminating all fee exemptions so that all reestablishment. One suggested that if materials licensees are treated equally in utility applications.
the ceiling were reestablished it should fr m a fee standpoint to that of Response. The Commission agrees be set at the previous rate of $20.000, indicating that exernptions are and part 170 has been amended to Most of the commenters in this area necosa a d those mgges n he correct this inconsistency.
- c. One commenter suggested that the indicated that the public interest, as p gp,
,,,g pp p,{
Commission assess fees for inspection
]p ryas con djg,a'
' generallicene'es because these costs h
well as the interests of NRC and the c
e
,9, 8 t burden industry, are better served by t
s nsututi nejorg izations that are not currently recovered. In addition, encouraging the submittal of topical the commenter suggested that the reports. Two commenters suggested that the $50,000 ceiling be made retroactive suggested that the language in Commission reduce the time available ng the for reciprocity currently at 180 days. lle i
to January 30,1989, the date the ceilings
'v h,S in the NRC lurisdiction in a more indicated that this would place licenses n
e i for topical reports were removed.
g Response. The Commission has
^"de.nse. The Commission will compeudve nonomic position with reestablished the fes ceilire for the review of topical reports at $50,000 and maintain the exemption provisions in a me Agreement State licensees who do the review of any amendments' i 170.11 and has made clarifying n t pay fees. At the present time, an revisions, or supplements to topical language changes to 10 CFR 170.11(a)(4)
Agreement State licensee who does not i
reports at $50.000.This figure represents as suggested. The Commission will pay fus can operate for six months in a an adjustment of a previous ceiling of establish a new exemption provision in non Agreement State in competition
$20,000 to reflect the effects of inflation i 170.11(a)(11) to provide that Indian with the NRC licensee who has to pay and is an amount which approximates tribes and Indian organizations that are I'*8 -
the median of topical report fees over Federrily recognized as eligible for Re8Ponse. The Commission will
$20,000 charged in 1989. As a matter of services provided by the Secretary of continue its current policy of not the Interior because of their status as assessing fees to NRC generallicentees policy, the Commission will exempt all review costs that exceed $50,000 for Indians will be exempt from payment of except for those related to spent fuel those topical report reviews completed fees. The exemption in i 170.11(a)(11) is storage as addressed in the ongoing i
on or ofter january 30,1989. Thus, modified no that the exemption does not rulemaking published for comment on applicants for the review of topical cover licenses authorizing distribution of May 5,1989 (54 FR 19379). In a majority reports or for amendments, revisions, or products or the offering of consultunt of cases, generallicensees are not i
services.This is consistent with the requireu to file an application, do not supplements to topical reports will be treated equally for those reports exemption provisions of i 170.11 (a)(4) receive specific approvals and are and (a)(9),
infrequently inspected. With respect to completed on or after January 30,1989-Establishing a new exemption does the reciprocity provision, the because all will be subject to the $50,000 not shift a greater cost burden to those Commission recognizes that a difference fee ceiling.
who pay fees.The amount of the fee exists between NRC and Agreement
- 3. payment of fees by electronic fund assessed represents the average time to State length of reciprocity and whether l
transfer (EFT):
review a licensing action or to conduct or not fees are assessed. Although l
Comment. Six commenters addressed an inspection for those licensees subject reciprocity is a matter of compatibility the proposal to require those bills in to fees as well as those exempt from fee with respect to Agreement State excess of $5.000 to be paid by EFT, One payment. The costs for processing regulations, the NRC has concentrated commentar endorsed the concept licensing actions or conducting only on the radiation safety.related 3
pointing out that he routinely uses EFT, inspections for exempt licensees are not criteria for granting reciprocity and not j
Another commenter indicated that recovered. There is no attempt to shift the administrative functions such as specific payment instructions should that cost to those who are paying fees.
length of time and whether or not a fee accompany the bill. Other commenters
- 5. Other comments:
is required.
Indicated that EFT is not justified. They
- a. One commenter suggested the
- d. One commenter suggested that j
pointed out that for many companies elimination of the initial $150 reasonable limits be established to EIT is not a common practice, would application fee required in i 170.31 for prevent excessive routine inspections of require special action by them as well as those reviews based on full costs. lie small programs. The commenter felt that the expenditure of resources to indicated that it adds an unnecessary it is unacceptable to be charged an i
i
I Federal Register / Vol. 55, No.100 / Wednesday, May 23, 1990 / Rules and Regulations 21175 inspection fee any time an inspector
- f. One person commenting on the lune to fee Category 3p. Change Category 10B chooses to visit a facility, 27,1988, proposed revision to i 170.31 in i 170.31 from full cost fees to flat fees.
Response. Similar comments were indicated that there was a disparity
- 6. Delete the exemption provision in received on the june 27.1988. proposed between the amount of the fee charged i 170.11(a)(3). broaden the exemption in rule (53 FR 24077) These comments for licenses authorizing calibration i 170.11(a)(4), and clarify the exemption were addressed in the final rule services and that charged for other in i 170.11(a)(5).
published on December 29.1980 (53 FR types of licenses such as manufacturin8
- 7. Establish a new exemption 52031). EI'ective January 30,1989, the and distribution licenses-provision in i 170.11(a)(11) to provide Commim..r. removed the billing Response. Even though comments that Indian tribes and Indian frequencies for routine inspections of were received on the materials portion organizations that are federally small programs from i 170.31. The of the fee schedules in 10 CFR part 170 recognized as eligible for services Commission indicated at that time that which became effective January 30-provided by the Secretary of the Interior 1989, the Commission made no changes because of their status as indians will the routine inspection program is a to the fee schedule for small materials be exempt from payraent of fees.The structured program and that the frequency of inspections is not generally licenses indicating that adjustments exemption is modified so that it does not would be made in 1990. Based on cover licenses authonzing the expected to be more frequent than that supporting information from the Office distribution of products or the offering of stipulated in the previous regulation.
of Nuclear Material Safety and consultant services.
- e. One commenter requested that the Safeguards, fee category 3N has been B. Amend $ 170.12 (d) and (e) and Commission consider establishing a modified with a provision added that footnote 4 to i 170.21 to clarify that fees separate fee category for portable licenses which authorize leak test for a standard design certification,if not gauges and lower the inspection fee, and services and/or calibration services referenced, will be recovered within consider this action for gas c
a g y3R fif teen years from the date of chromatographs as well. A similar pff *
',su comment was received on the June 27 certification or renewal of the g
1988, proposed rule that part 170 be certification.
revised to create a new category for 111. Changes included in the Final Rule
- 9. Revise i 170.12(h) to request that bills in excess of $5.000 be paid by diagnostic devices. The commenter The changes included in the final rule electronic fund traaier.
believes that doctors should be charged are outlined below, Any differences the same for medical use of an imaging between the fmal rule and the proposed The agency workpaprs which scope as industrial users.
rule are explained in the following support the final changes % 10 CFR part Response portable gauge and gas discussion. Most of these changes were 170 are available in the puby Document chromatograph licenses and licenses included in the proposed rule published Room, at 2120 l. Street NW.,
which authorize human use of on December 1,1989 (54 FR 49763).
Washington, DC, in the lower leve,,f diagnostic devices are grouped for fee
- 1. Amend i 170.20 to change the cost the Gelman Building.
purposes with other similar license per professional staff hour from $80 per IV, Section by Section Anal) sis types, such as fixed gauge licenses and hour to $92 per hour based on the FY other medical uses of byproduct, source 1990 budget The $92 per hour rate is a The following section by section or special nuclear material.The fees for decrease from the proposed $95 per analysis of those sections affected these categories of licenses reflect the hour.This decrease is a result of provides additional explanatory Commission's average cost to review adjustments made by Congress to the information. All references are to 10 applications and perform inspections of FY 1990 budget. The method used for CFR part 170, Code of Federal these programs. At this time,it is not calculating the hourly rate is exactly the Regulations.
rectical to develop a separate categery same as that used in the proposed rule.
Section 170.3 Definitions, or each type of license or authorization An analysis of the budget which or for each manufactured item.
generated this rate is provided in the This section is revised to remove the Establishing a separate fee category for Section-by-Section Analysis, paragraph designations for the portable gauges, gas chromatographs
- 2. Establish in part 170 a fee ceiling of definitions, arrange the definitions in and diagnostic devices could have an
$50,000 for topical report reviews and alphabetical order, and add definitions adverse impact on licensees because for the review of any amendments, of " Indian organization" and " Indian they would be subject to multiple fee revisions or supplements to topical tribe."
categories if their licenses include items reports.
" Indian organization" means any other than portable gauges, gas
- 3. Update the schedule of fees in commercial group, association, chromatogruphs, or medical uses of i 170.31 for small radioisotope licenses partnership, or corporation wholly byproduct, source or special nuclear based on the FY 1990 budget.13ecause owned or controlled by an Indian tribe.
material.The Commission realizes that the professional staff. hour rate has
" Indian tribe" means any indian tribe, in using the average-cost method decreased from $95 to $92, based on the band, nation, or other organized group instead of the full cost method for FY 1990 budget, all fees shown in the or community of Indians recognized as determining license fees, variations will proposed rule for small radioisotope eligible for the services provided to exist between licenses grouped within a licenses have been reduced in this final Indians by the Secretary of the Interior single category. llowever,in developing rule to reflect the decrease.
because of their status as Indians.
the current fee categories, every effort
- 4. Remove the $150 application filing Section 170.li Exemptions.
was made to group licenses in the most fees m i 170.31 for those applicatione logical and equitable manner. The where fees are assessed based on the paragraph (a)(3)is being removed in Commission, therefore, has determined full cost for the review.
Its entirety. Fees for any byproduct, that the fees in this final rule are
- 5. Modify fee Category 3N with a source, or special nuclear materials appropriate for portable gauge, gas provision added that licenses which licensca issued under 10 CFR parts 30.
chromatograph, and medical use type authorize leak test services and/or 40.70 or 71 that ure considered to be licenses.
calibration services only will be subject incidental to the operation of a nuclear
21176 Federal Register / Vol. 55. No.100 / Wednesday. May 23, 1990 / Rules and Regulations reactor will be charged under the except human use, to other persons accordance with U.E Department of the respective materlu}s fee category rather without charge, the exemption would Treasury cash management initiatives.
than under the 10 CFR part 50 reactor still apply.
fee category as has been past practice.
paragraph (a)($)is changed, for Section na20 A rem,ite Cost Per Therefore, for special nuclear materials clarification, to include certificates of Pmfessiono/Stoff-Hour licenses or any other licenses which are compliance and other approvals.
This section is modified to reflect an required prior to operation of the paragraph (a)(11)is added to provide ngency-wide professional staff. hour rate reactor. e p., startup sources, reactor that Indian tribes and Indian based on FY 1990 costs to the Agency.
fuel, or calibration or monitoring organizations that are Federully Accordingly, the professional staff rate l
equipment, fees will be assessed under recognized as eligible for services for the NRC for FY 1990 for all fee 10 CFR 170.31 rather than 1170.21. lf an provided by the Secretary of the Interior categories that are based on full cost is applicant possesses byproduct source, because of their status as Indians will
$92 per hour, or $101.4 thousand per FTE or special nuclear material for be exempt from license fees. Indian (profMonal staff year). For FY 1990, decontamination, inspection. repair.
tribes are recognized as separate the budgeted obligations by direct modification, or testing of their reactor political entitles similar to State program are:(1) Salaries and flenefits.
' components, for which a license is governments. The Commission intends
$203.10 million:(2) Administrative required under the Commission's to exempt Indian tribes and wholly Support. $74.64 million: (3) Travel. $12.27 upplicable materials regulations, fees owned tribal commercial organizations million, and (4) program Support. $148.70 will be assessed in accordance with 10 conducting licensed activities on tribal million. In FY 1990,1.030 ETEs are CFR 170.31.
lands from license fees in the same considered to be in direct support of Paragraph (a)(4)is changed to manner as it does States and NRC programs applicable to fees (see broaden the exemption for non profit governmental agencies. The exemption Table !). Of the total 3.180 FTEs.1,544 educational institutions to include is modified, consistent with i 170.11 FTEs will be considered overhead certain activities (e.g., research) not (a)(4) and (a)(9), so that the exemption (supervisory and support) or exempted covered by the current exemption. The does not cover licenses authorizing the (due to their program function).Of these Commission has received several distribution of products or the offering of 1.544 FTEs, a total of 280 FTEs and t%
exemption requests from colleges and consultant services.
resulting $20.1 million in support are universities for licensed activitica not exempted from the fee base due to the covered by the current exemption.
0" N
%**"I o@, C8 nature of their functions (i.e.,
Additionally. this change is in keeping As indicated in the proposed rule, enforcement activities and other NRC with the concern of Congress regarding paragraphs (a), (b), (c), and (d) are functions currently exempted by the impact of the current schedule on revised to more clearly distinguish the Commission policy).
some entities and their limited ability to fee payment requirements for materials f
pass through the costs of these charges licenses and approvals not subject to TABLE I.-ALLOCATION OF DinECT FTEs to the ultimate consumer. Although the full cost from the requirements for other av OFFICE legislative history for annual fees licensed activities that are subject to full contained in part 171 of this chapter cost. In addition. paragraphs (d) and (e)
Number discusses the option of considering are being revised to change the 10 year 0"'C' l7g',
modifications to these fee schedules for period of cost recovery to a 15 year hospitals, research and medical period to be consistent with i 52.55. This institutions and uranium producers, the is consistent with the intent of the nnn__
i.oo75 nesesren_
$4s c Commission is continuing to limit this Commission as stated in the final 10 NMSS _
3173 particular exemption to non profit CFR part 52 rule (54 FR 15370) that an A E OD...... _.. _...
s50 educational institutions.
applicant for design certification does
$^3[AswN g
The exemption has been clarified to not have to pay an application fee, but occ.
33 0 indicate that it does not include power the applicant will have to pay the full
..._]3%
reactor licenses and materials licenses cost of the NRC review of the 70,,,,,,c, 7 7g_
which authorize human use, commercial application. although not until the i negionai empicyees are counted m the onice os distribution, remunerated service to certification is teferenced in an th* P'ogram each supports other persons, or activities performed application for a construction permit or under a Government contract.The combmed license or, failing that, not in determining the cost for each direct Commission will continu,e to assess fees until the certification expires. Als labor FTE (an FTE whose position /
for these kinds of activities. F,or paragraphs (e) and (f) are being revised function is such that it can be identified example, fees are charged for licenses to eliminate the $150 application fee for to a specific license or class of licenses) which authorize use of strontium 90 eye those applications where fees are whose function,in the NRC's judgment, applicators in the treatment of eye determined based on full cost.
is necessary to the regulatory process, diseases and xenon 133 for blood flow Paragraph (h) ir bemg revised to the following rationale is used:
pulmonary functions; distribution of in indicate that (1) payments may also be
- 1. All direct FTEs are identified by ritro kits and radiopharmaceuticals; made by electronic fund transfer (EFT)
OIIice-service for a charge to other persons or and (2) that where specific instructions
- 2. NRC plans, budgets, and controls on licensees such as soil density regarding payment are provided on the the following four major categories measurements and installation, bills, payment should be made (see Table 11):
calibration, and leak testing of accordingly. It is the intent of the (a) Salaries and lienefits.
equipment containing radioactive Commission to request payment by (b) Administrative Support.
material and use of licensed material for electronic fund transfer of those bills (c) Travel, consulting services. On the other hand, which are in excess of $5.000 This (d) Program Sopport.
II a non-profit educational institution change is being made to encourage
- 3. Program Support, the use of contract provides these or similar services, timely receipts and deposits in or other services for which the NRC
f l
i Federal Register / Vol. 55 No.100 / Wednesday, May 23, tigo / Rules and Reguintior!s 21177 7
pays for support from outside the conducting a generic review of a topical fees for standard design certifications is Commission,is charged to various item thereby saving extensive plant by-extended from 10 to 15 years. Footnote 5 categories as used.
plant review in the same or similar has been added to i 170.21 to indicate
- 4. All other costs (i.e., Salaries and areas. Examples of beneficial topical that $50,0001s the maximum amount Benefits, Travel, and Administrative initiatives are numerous. The recent that may be assessed for each topical j
Support) represent "in. house" costs ll&W Owners Group decision to report or each amendment, revision and and are to be collected by allocating undertake a complete reassessment of supplement to a topical report.
them uniformly over the total all D&W reactor designs, thus Section 170J1 Schedule of f,ees for number of direct FTEs.
eliminating a costly NRC review, saved Afoterials I,icenses and Other Using this method. which was time und produced a more complete described in the December 1.1989, technical review than could have been Regulotory Ser rices proposed rule (54 FR 49763) and the FY accomphshed by NRC alone. Another The licensing and in=pection fees in 1990 budget, and excluding budgeted example is the CE Owner's Group this section are modified to reflect the Progtam Support obligations, the des clopment of Ep Guidelines for all of FY 1990 budgeted costs and to more remaining $203.97 million allocated its units. This generic effort saves NRC completely recover costs incurred by the uniformly to the direct FTEs (1,630) costly review time assessing plant by-Commission in providing licensing and results in a calculation of $101.4 plant guidelines. These are just two of inspection services to identifiable thousand per FTE for FY 1990 (an hourly many examples where the public recipients. It includes the a,ldition of a rate of $92).
interest is served by an industry category for der:ommissioriing fees si TADLE II.-FY 1990 BUDGET BY MAJOR r in o Ie nif ca 1 te a n th r le vi to CATEGORY stemming from the review of topical those decommissioning applications t' hat toown mmonii reports and the subsequent resource are currently pending NHC review as savings to the NRC, as well as the well as subsequently filed applications.
overall high level of technical Fee Category 13, establishing fees for competence available from industry, spent fuel storage cask Certificates of Satanes and tenehts.
s203 16 Admnstrawe support-74 64 justifies NRC encouragement of industry Compliance und for inspections related t ravel 12 27 submittal of these reports, to storage of spent fuel, remains a part Tota' nonprogam suppcyt otegations.. 290 07 In conclusion, a balance must be of the final rule. (The proposed rule mamtamed between the need t relating to spent fuel storage was Program support _
.. 148 70 encourage industry submittal of these published for comment on May 5.1989 TS*' t*dP' 43837 reports and the need to assess fees for (54 FR 19379)). A final rule relating to the costs of reviewing the reports.The the storage of spent fuelin NRC The Direct FTE Productive flourly current system of charging a fee with n approved storage casks at power reactor Rate ($92/ hour rounded down to the ceiling for NRC review of these reports sites is currently being processed for nearest whole dollar)is calculated by appears to have had an inhibiting effect publication in the near future, dividing the annual nonprogram support on the mdastry. As a result the Fee categories 1 A,1B,2A,4 A, SB,10A, cost ($290.07 million)less the amount Commission is amending 10 CFR 170.21, 11,12.13, and 14 are revised to delete applicable to exempted functions ($26.1 Category ], Special Projects, to provide the $150 initial application fee. Fees for that the maximum fee for review of a rnillion) by the produG of the direct FTE these categories are based on the full (1.6361TE) and the number of topical report shall not exceed $50,000 cost (professional staff hours and any productive hours in one year (1,744 and any amendments, revisions, or contractual services costs) to conduct hours) as indicated in OMD Circular A.
supplements to topical reports shall not the licensing review. Because licensees 76," Performance of Commercial exceed $50,000. This figure represents an are billed for these costs and are Activities."
ent of a previ ii nfl tion required to pay invoices within a Section 170.21 Schedule of Fees for and is an amount which approximates specified time, this will eliminate the admmistrative cost related to initiating.
Production and Utilization Facilities, the median of topical report fees over Review of Standard Reference Design
$20,000 charged in 1989. The pr cessing and tracking the $150 Approvals, Specia/ Projects and Commission, as o matter of policy, will payment for the licensee as well as the NRC.
Inspections exempt all costs exceeding $50,000 for Since the Commission decision to topical report reviews completed on or Fee Category 3N is modified with a remove the fee ceiling for topical report af ter january 30,1989.
provision added that hcenses which authorize leak test services and/or reviews (53 FR 52033; December 29.
The professional hourly rate assessed 1988), and as discussed in the proposed for the services provided under the calibration services only will be subject rule published December 1,1989, the schedule is revised as shown in i 170.20.
to fee Category 3P.
number of topical reports submitted for Footnote 2 of i 170.21 is revised to Fee Category 10B is changed from full-review has significantly decreased. It provide that the professional hours cost to flat fees.This change is based on appears that the principal reason for the expended up to the effective date of this an analysis of the actual staff. hours reduction in topical reports being rule will be assessed at the professional expended for the review and approval of submitted is the uncertain and rates established for the June 20.1984, the part 71 quality assurance programs.
potentially unhmited fee for NRC review and January 30,1989. rules as Fee Category 12. Special Projects, is of these reports. This is appropriate. Any professL.al hours revised to provide that the maximum fee counterproductive to the agency expended on or after the effective date for review of a topical report and any because,in many cases, the regulatory of this rule will be assessed at the FY amendments, revisions or supplements effort gains significant benefit in terms 1990 rates shown in this final rule.
to topical reports shall not exceed of (1) the resolution of safety significant Footnote 4 of i 170.21 is revised to
$50.000. This is consistent with the problems, and (21 the staff time saved by clarify that the period for payment of change made to i 170.21 Category J.
i l
l
21178 Federal Register / Vol. 55. No.100 / Wednesday. May 23, 1990 / Rules and Regulations V. Environmental Impact: Catettorical a licensee's compliance with the Atomic information contained in their Exclusion Energy Act and with applicable comments. Two of these comments were The NRC has determined that this regulations: (3) the NRC could charge for from hospitals, one from an industrial c sts incurred in conducting radiographer, one from a welllogger, final rule is the ty[e of action describedenvironmental reviews required by one from an engineering consultant, and j
5122(c (1) herefore, nel h r n NEpA: (4) the NRC properly included in two from other small research and the fee schedule the costs of development and manufacturing environmental impact statement nor an environmental impact assessment has unc ntested hearings and of licensees. Although severalof these been prepared for this final rule, administrative and technical support commenters expressed concern over the services:(5) the NRC could assess a fee percentage rate of increase in the fees VI. paperwork Reduction Act Statement for renewing a license to operate a low-which would be assessed for certain This rule contains no information Iml radionctive waste burial site; and categories of licenses, these commenters j
collection requirements and, therefore.
(6) the NRC,s fees were not arbitrary or neither indicated that the increased fees is not subject to the requirements of the capricious, would significantly affect their ability to The NRC does not believe that the do business nor provided the NRC with paperwork Reduction Act of1980(44 increase in fees that would result from the information needed for NRC to make U.S.C. 3501 et seq.).
the adoption of this rule would result in that determination. The fees assessed by j
Vll. Regulatory Analysis significant economic impact on most the NRC for each category of license are This rule was developed pursuant to materials licensees. The increase in the intended to reflect the level of effort i
Title V of the Independent Offices annual cost that would be imposed on required by the NRC to conduct the Appropriation Act of1952 (IOAA)(31 these licensees would not be significant necessary licensing and inspection U.S.C. 9701) and the Commission's fee in terms I their gross annual receipts.
actions for that category.To this extent, This rule revision wdl not have guidelines. These guidelines took into the NRC has attempted to " tier" the account guidance provided by the U.S.
s!gnificant impact on state and local costs imposed on its licensees to the Supreme Court on March 4.1974, in its g vernments and geographical regions level of effort that is required for the decision oINationa/ Cable Television or n health, safety and the NRC to ensure that licensed activities Association. Inc. v. United States. 415 envir nment.The foregoing discussion are conducted in a manner that U.S. 336 (1974) and Federal Power c natitutes the regulatory analysis for adequately protects public health and the final rule.
Commission v. New England Power safety.
Company,415 U.S. 345 (1974). In these Vllt. Regulatory Flexibility Certification Based upon the number of comments decisions, the Court held that the IDAA In the notice of proposed rulemaking received on the proposed rule and authorizes an agency to charge fees for published on December 1.1989 (54 FR c mments from attendees at the pubh,c special benefits rendered to identifiable 4043). the Commission determined in meetings, as well as an anal) sis of these persons measured by the "value to the i,s Regulatory Flexibility Certification c mments,ik Comndssion cn@n eat recipient" of the agency service. The that, based upon the available this rule will not have a significant meaning of the Independent Offices information. this rule was not expected a n mk inW upon a suWanual Appropriation Act o!1952 was further to have a significant economic impact I '*"N '"#"
" I" clarified on December 10.1976, by four upon a substantial number of small the annual cost imposed on most of decisions of the Court of Appeals for the entities as defined by the Small Dusiness these licensees is not sigmficant in District of Columbia. Nationa/ Cable Act or the Small Dusiness tums of their gross annual receipts.
Television Association v. Federal Administration regulations issued There is no annual recordkeepmg Communications Commission. 554 F.2d pursuant to the Act (13 CFR part 121).
burden imposed by the final rule.
1094 (1970): National Associatior' of The Commission did, however, invite IX. Backfit Analysis Broadcasters v. federa/ Communications any licensee wbo considered itself to be The NRC has determined that the Commission. 554 F.2d 1118 (1976);
a small entity to provide additional ElectronicIndustries Association v.
Information by responding to four apply to this' # rule. and the&' O " that a FederalCommunications Commission.
general questions on how the regulation 554 F.2d 1100 (1976) and Capital Cities could be modified to take into account backfit analysis is not required for it because these amendments do not Communication. Inc. v. Federal the differing needs of small entities. In Communications Commission. 554 F.2d keeping with its normal practice, the require the modification of or addition to 1135 (1976). These decisions of the Commission mailed the proposed rule systems, structurn, components or Courts enabled the Commission to document to each of its more than 8.000 design of a facility or the design develop fee guidelines that are still used licensees. Also, the Commission held approval or manufacturing license for a for cost recovery and fee development public meetings in three regions to facility or the procedures or purposes.
discuss the proposed rule, rganization required to design.
The Commission's fee guidelines were The Commission received 29 construct or operate a facility.
upheld on August 24.1979, when the comments on the proposed rule.
List of Subjects in to CFR Part 170 U.S. Court of Appeals for the Fifth representing less than one half percent Circuit held in Mississippi Power and of all NRC licensees. Of the 29 yproduct material. Non-payment I.ight Co. v. U.S. Nuclear Regulatory comments. none mentioned the penalties. Nuclear materials. Nuclear Commission. 601 F.2d 223 (1979, cert.
Regulatory Flexibility issue directly
,P ","' P, "g e i nts
, g clear er (
denied 44 U.S.1102 (1980)), that (1) the although several commenters expressed Nuclear Regulatory Commission had the concern over the substantial increases For the reasons set out in the authority to recover the full cost of in the fees assessed for specific preamble and under the authority of the providing services to identifiable categories of licenses.
Atomic Energy Act of 1954, as amended.
beneficiaries;(2) the NRC could properly A total of seven comments are the Energy Reorganization Act of 1974.
l assess a fee for the costs of providing believed to have come from small as amended. and 5 U.S.C. 552 and 553.
routine inspections necessary to ensure entitles based upon a review of the NRC is proposing to adopt the
Federal Reglster / Vol. 55, No.100 / Wednesday. May 23, 1990 / Rules and Regulations 21179 following amendments to 10 CFR part section 103 or 104b of the Atomic Energy for materials licenses and approvals not
- 170, Act of 1954, as amended.
subject to full cost reviews must acco npany the application when it is PART 170-FEES FOR FACILITIES (11) A license for possession and use filed.
AND MATERIALS LICENSES AND of byproduct material, source material.
(2) Fees for applications for license OTHER REGULATORY SERVICES or special nuclear material or other amendments, other required approvals UNDER THE ATOMIC ENERGY ACT OF approval applied for by or issued to an and requests for dismantling.
1954 Indian tribe or an Indian organization decommissioning and termination of 1.The authority citation for part 170 c nducting licensed activities on tribal licensed activities that are subject to full continues to read as follows:
lands, except for licenses which cost recovery are payable upon authorize distribution of byproduct notification by the Commission. Each
(('[
0['
material, source material. or special applicant will be billed at six. month 1
2 nuclear matenal, or products containing intervals for all accumulated costs for 2201wl. sec. 20L na Stat 1242, as amended (42 U.S C. 5 Mil.
byproduct material, source material, or each application the applicant has on special nuclear matenal, or hcenses file for review by the Commission until
- 2. In i 170.3, remove the paragraph authorizing services to any person other the review is completed, except for designations (a) through (z) for the than an Indian tribe or an Indian amendment and other approvals for definitions arrange the definitions in organization.
early site permits which will be billed in alphabetical order, and, add definitions a deferred manner consistent with that of Indian organization and Indian
- 4. In.170.12, paragraphs (a). (b). (c).
addressed in paragraph (d)(4) of this tribe to read as follows:
(d),(e) (f), and ih) are revised to read as section. Each bill will identify the i 170.3 Definitions, follows:
applications and costs related to each.
I 170.12 Payment of fees.
(d) Renewalfees. (1) Renewal fees for Indian organization means any (a) Application feet,. Each application materials licenses and approvals not commercial group, association, for which a fee is prescribed shall be subject to full cost reviews must partnership, or corporation wholly accompanied by a remittance in the full accompany the application when it is owned or controlled by an Indian tribe, amount of the fee. Applications subjet t filed.
Indian tribe means any Indian tribe, to fees for which no remittance is (2) Fees for applications for renewals band, nation, or other organized group received will not be charged irrespective that are subject to the full cost of the or community of Indians recognized as of the Commission's disposition of the review are payable upon notification by eligible for the services provided by the application or a withdrawal of the the Commission. Except as noted in Secretary of the Interior because of their application.
paragraphs (d)(3) and (d)(4) of this status as Indians.
(b) License fees. (1) Fees for section, each applicant will be billed at applications for materials licenses not six month intervals for all accumulated
- 3. In ( 170.11, paragraph (a)(3) is subject to full cost reviews must costs for each application that the removed and reserved; paragraphs (a)(4) accompany the application when it is applicant has on file for review by the and (a)(5) are revised and paragraph filed.
Commission until the review is (a)(11)is added to read as follows:
(2) Fees for applications for permits cmpleted. Each bill will identify the and licenses that are subject to fees pplications and the costs related to i170.11. Esemptions, based on the full cost of the reviews are each.
(a) * *
- payable upon notification by the (3) Fees for review of an application (3)(Reserved)
Commission. Except us provided in for renewal of a standard design (4) A construction permit or license paragraph (b)(3) of this eaction, each certification shall be deferred as applied for by, or issued to, a non. profit applicant will be billed at six. month follows:The full cost of review for a educationalinstitution for a production intervals for all accumulated costs for renew stan a gn cem{icahn 7
or utilization facility, other than a power each application the applicant has on must be paid by the applicant {or reactor, or for the possession and use of file for review by the Commission until renewal r ther entity suppl tng the 3
byproduct material, source material, or the review is completed. Each bill will design to an applicant for a construction special nuclear material. This exemption identify the applications and costs permit, combined license issued under does not apply to those byproduct, related to each.
source or special nuclear material (3) For early site reviews issued under part 52, or operating license, as licenses which authorize:
10 CFR part 52, there is no application appropriate, in five (5) equal
==
(i)lluman use; fee. Fees for the review of an application installments. An installment,s payable i
each of the first five times the renewed (ii) Remunerated services to other for an early site permit are deferred as certification is referenced in an d
persons; follows: The permit holder shall pay the (iii) Distribution of byproduct applicable fees for the permit at the time application for a construction permit, material, source material, or special an application for a construction permit combined license, or operating license.
nuclear material or products containin8 or combined license referencing the The applicant for renewal shall pay the i
byproduct material, source material, or early site permit is filed. lf, at the end of installment. unless another entity is special nuclear material; and the initial period of the permit, no supplying the design to the apphcant for (iv) Activities performed under a facility epplication referencing the early the construction permit, combined Government agency contract.
site permit has been docketed, the license, or operating license, in which (5) A construction permit, license, permit holder shall pay any outstanding case the entity shall pay the installment.
certificate of compliance, or other fees for the permit. Each bill will if the design is not referenced. or if all approval applied for by, or issued to, a identify the applications and costs costs are not recovered, within fifteen Government agency, except for a related to each.
years after the date of renewal of the utilization facility designed to produce (c) Amendment fees andother certification. the applicant for renewal electrical or heat energy pursuant to required approvu/s. (1) Amendment fees shall pay the costs for the review of the
o 21180 Federal Register / Vol. 55 No.100 / Wednesday, May 2'8 1990 / Rules and Regulations application for renewal, or remainder of not referenced, or if all costs are not SCHEDULE OF FAclLITY FEEB those costs, at that time.
' recovered, within fif teen years after the (4) Fees for the review of an date of certification, the applicant shall application for renewal of an early site pay the costs, or remainder of those Famiiy cotegories and types o# sees recs
~'rmit shall be deferred as follows: The costs, at that time, holder of the renewed permit shall pay (C)In the case of a design for which a the applicable fees for the renewed certification has been granted,if the J SP'c*' P'**0'8 permit at the time an application for a design is not referenced, or if all costs
^PP'""
construction permit or combined license are not recovered, within fifteen years
[ Yme*Ns'..iwsons ak referencing the permit is filed. If, at the after the date of the certification, the suppiements to topicai repats t end of the renewal period of the permit, applicant shall pay the costs for the 3
A' 0'nw wovais, speciai ruti cost no facility application referencing the protects. repons and amend-review f the application, or remainder trarly site permit has been docketed, the
,nenis eeepi inose spec,,,ed in f those costs, at that time.
1 and 2 above permit holder shall pay any outstanding fees for the permit.
(Il SPecialProject fees. Fees for (e) Approva/ fees, (1) Fees for applications for special projects such as
.run cost sees wi be determine based on ene applications for materials approvals that topical reports are based on full cost of professionar statt time and appropriate contractuai are not subject to ful' cost recovery must the reviews and are payable upon
$'o'n'g5 ff'o",d*dn,cn,e", '/,agaion n
u accompany the appl cation when it is notification by the Commission. Each desed on tne run cost enpended ior ine twew. the filed. Fees for those applications subject applicant will be billed at six. month
',f','p,*"*',l,'*",h,of,'nl"g,"c*, d, '",,j"*,[$v"nf 5
to full cost reviewr are payable upon intervals until the review is completed.
win be deiermined at tne professonai rates estab.
notification by the Commission. Each Each bill will identify the applications insned im N June 20.1984 arid Januay 30,1989.
ruie twsons. as approonate For inose applicanons applicant will be billed at six month and the costs related to each.
cunenny on ene ear wnicn rue, costs have reacned intervals until t'.se review is completed.
the apphcable fee Cesi estabhshed by the June Each bill will.dentif[to each.the applications 20,19s( ruie, but are su pending canpieten or m and the cos9 relate (h) Method ofpayment. Fee payments
'","g,'en' n
99 r
(2) (i) There is no application fee fo, shall be made by check, draft, money txued to m appeant g profession,i sian.nours standardized design approvals or rder or electronic fund transfer made gP*g *jvl,tg*J, jag *,on ol,,8,.','da.gry
)
certifications issued under 10 CFR part payable to the U.S. Nuclear Regulatory estabusned by i17o 20. as appropnaie, enept for l
- 52. The full cost of review for a Commission. Where specific payment ty n,*,po,"f,* g'*gog5)* " g g,co a
c standardized design approval or instructions are provided on the bills to amendment. revison or suppiemeni to a top.cai certification must be paid by the holder applicants or licensees, payment should
'4pl," y gt un,%'a,a gJafag a,o n,,
of the design approval, the applicant for be made accordingly, e.g., bills of $5,000 b.n d to ine appi. cent. For topcai reports. and certification, or other entity supplying or more will normally indicate payn ent
- ",ed," ant *;ggand, gmentS,tg,*'
,n m
the design to an applicant for a by electronic fund transfer.
be assessed var eacn repon or eacn amendment, construction permit, combined license rusen and suppement in no event win the totai reve e sts be iess tnan uso issued under 10 CFR part 52, or 5 Section 170.20 is revised to read as a conecten of the revew costs for a prehminary operating license, as appropriate, in f.ive dey) 8 d"'d P"C6very. t r a penod of hve approvai (PDA) and fmai design approval gggi **.
(5) e ualinstallments. An installment is (FD i
years from the approval. except that, il the design is J
paya le each of the first five times the i 170.20 Average cost per professional retmenced dunng that penod,20 percent of the total approved / certified design is referenced staff-hour, costs wm be payabe by me noide of a design
- PD' v
"'h
' ** **Ch
"C
- d*
in an applicallon for a construction permit, combined license issued under Fees for Permits' licenses' unts tne tuit c'o'sts 'a're' paid if the des'ign 'is ertified.
c the hve-year deterrai penod e extended to ts years 10 CFR part 52, or operating license. In amendments, renewals, special projects, from the certihcation, witn tne same proviso tnat to the case of a standard design part 55 requalification and replacement g*,c'n^',,o',,tgcyj$ g",be paga,blej,aggg m n
certification, the applicant for examinations and tests, other required not recovered by ine end of ine appocabee deterrai certification shall pay the installment, approvals and inspections under gg hyo *g' t,h* fey,n $Ppf' vaigr cyng unless another entity is supplying the il 170.21 and 170.31 which are based provously recovved by tne NRC. Appbcatons for design to the applicant for the upon the full costs for the review or g"*f,t$,to,,PDA sa e ni construction permit, combined license, inspection will be calculated usmg a ton of ine review or operating license,in which case the professional staff rate per hour
- The amount shown represents tne maximum other entity shall pay the installment.
equivalent to the sum of the average
',"M*a'd**?$'Z'Mn**@*/nl'tN o
(ii)(A)In the case of a design which cost to the agency for a professional topicai report has been approved but not certified and staff member, including salary and for which no application for certification benefits, administrative support and 7, Section 170.31 is revised to read as f 11 ws:
is pending. lf the design is not travel. The professional staff. hour rate referenced, or if all costs are not for the NRC for FY 1990 is $92 per hour.
I 170.31 schedule of fees for materials recovered, within five years after the
- 6. In i 170.21 Category ). Special licenses and other regulatory services date of the preliminary design approval Projects and Footnotes 2 and 4 to the including inspections.
schedule are mvised and Footnote 5 is
,th op ican shallpa the costs, Applicants for materials licenses and added to read as follows:
other regulatory services and holders of or remainder of those costs, at that time; (D)in the case of a design which has 9 170.21 Schedule of fees for production materials licenses shall pay fees for the been approved and for which an and utiitzstion f acinties, review of standard following cate vries of services.This e
application for certification is pending.
reference design approvais, special schedule includes fees for health and j
no fees are due until after the projects, and inspections.
safety, and safeguards inspections.
I where applicable.
I certification is granted, if the design is
{
[
Federal. Register / Vol. 55, No.100 / Wednesday, May 23, 1990 / Rules and Regulations 21181 i
SCHEDULE OF MATERIALS FEES SCHEDULE OF MATERIALS FEES-SCHEDULE OF MATERIALS FEES-Continued Continued (See tuotnotes at end of tabiel (See footnotes at end of table]
(See tootnotes at end of table)
Category of materais hcenses and y,,,',
'Y" # " '
Category of matenals Icenses and p,,,'.
type of fees 5 Category of materets beenses and p,, e type of fees a
- 1. Specer nuclear material.
A. Licenses for possession and use B. Lcenses for possess on and use E. Liceses for possesson and use of 200 grams or more 04 Wuto'*-
of source materal for sNeidng, of byproduct materal in sealed sources for irraestion of maten-um m unsealed form t 350,
except as provided for m grams or mure of cor'W J-i 9170.11(a)(8p als in wNeh the source is not 235 m unseaed fore 2 00 Apphcaton-New bconse
$90.
renoved from Rs shield (seO g'ams or more of U-2D L sm-Renewal
$90 SNeided uruts) seated lorm. TNs ecludes apph-Amendment.,
$90.
Appkcaton-New bcense
$400.
Renewal _
$360 catons to termmate iconses as inspections well as hcenses authonzmg pos-Routine.
$230 Amendant
$M season ony Nontoutme.
$260.
nspectons.
License, Renewal, Amendment..-. Full cost Rouhne.
$370.
C. All other source materal h.
Inspectons Nonrouhne N,
e,nne, Routme-.
Full cost Apohcaten-New heense.
$630 F. L to.ms W possenen and use Renewal
$600-of 'ess man 4.000 cunes d by-Nonroutme Full cost
- 8. Licenses for receipt and storage Amendment
$360 N#
- '*"'I of spent fuel at an independent inspections als a which the source a ex-spent fuel storage metallabon Rouhne-
$640 p$pggy poser for tra$ahon purposes 3 gyp,
,[,,.
- b MC License, Renewal, Amendment.... Full cost.
inspectons.
g 3
A Licenses of broad scope for Amendment
$260.
Rouune.. _.
Full cost possesmon and use of byproduct Nontouhne Full cost.
inspechons-materet usued pursuant to parts Rounhne
$460 C. Licenses for possesson and us*
30 and 33 of tms chapter fo' Nonrouhne
$ t.000 of special nuclear materal in processmg or manufactunng of a Licenses W poswsson and sealed sources contamed in de-stems contanng byproduct enate-use of 10.000 cures or more of vces used m mdustnal measur-rol for commercel estnbuton.
byproduct matenal in sealed ing systems, mclueng -ray fluo.
Apphcaton-New hcense
$ 1.600'.
sources for irradiaton of maten-rescence anatyrets
- Renewal
$1.100 als m which tee source is ex-Apphcahon-New hcense...
$a00-Amendment....
$160-posed for irradiation purposes Renewal
$400-Inspectons
- Apphcahon-New bcensem
$3.700.
Amendment...
$300.
Rouhne..
$ 1,700-Renewal
$ 1.500.
Inspections Nonroutsne
$ 1,700.
Amendment.
$370.
Routmo
$3?O B. Other hconses for possessen inspections:
Nontouhne
$ t000.
and use of byproduct matenal Routine.
$830.
D AA other special nuclear matenal asued pursuant to part 30 of tma Nonroutine.
$1.100.
bcenses, except hcenses author-chapter for processmg or manu-H.
Lcenses maued pursuant to irmg special nuclear materal m factunng of items contanng by-subpart A of part 32 of the chap-uroealed form.m combmaton product matonal for commercial ter to estnbute items contanng that would constitute a enhcal estnbutert byproduct matenal that require quantity, as defmed m i 150.11 ApphcaterwNew heense..
$ 1.000.
devce review to persons exempt of the chapter, for which the b-Renewal.
$1,600.
from the hcenseg requrements consee shalt pay the same fees Amendment.
$440.
of part 30 of this chapter, except as those for Category 1 A.
- Inspectons:
- specihc hcenses authonzmg re.
Appication-New hcense..-
. $550-Routine..
$830.
estnbubon of itema that have Renewal _..
1550-Nonroutme...
$ 1,600.
been authonzed for estnbuten Amendment..
$180.
C. Lcenses maued pursuant to to persons exempt from the h-Inspections il 32 72, 32.73, and/or 32.74 of conseg reouwements of part 30 Routme
$550.
part 32 of the chapter authon2-of this Chapter:
Nonroutine
$640.
ing the processmg or manufac-Apphcation-New bcense
$1,700.
- 2. Source matenal tunng and estnbuten or reestn-Renewal...._...
$850, A. Lcenses for possesson and use buten of radiopharmaceutcals.
Amendment.,
$200.
of source matenal 'n recovery generators, reagent hits and/or inspechons.
operations such as milling, m-stu sources and devces contanng Routme..
$550.
leachng hsapleachng. refnng byproduct matenal:
Nonroutine
$550.
uranium inn concentrates to ura-ApphcahorwNew hcense...
. q $2,700.
- i. Lcenses issued pursuant to sut>
twum benafluonde, ore buying Renewal...
I $1,100.
part A of part 32 of ths chapter stahons. on exchange facihties Amendment..., _
$370~
to distnbute items contanng by-and m processng of ores con-Inspectons product matenal or quanhbes of tanng source matenal for extrac-Routme...
$ 1.130.
byproduct matenal that do not hon of metals other than urerhum Nontouhne..,
$ 1.500.
require device evaluahon to per-or thonurn, inchseng ncenses au-D. Lcenses and approvals issued sons exempt from the bcensng thontmg the possessen of by-pursuant to ll 32.72,32 73, and/
requirements of part 30 of tNs product waste matenal (tashngs) or 32 74 of part 32 of tNs chap-chapter, except for specific h-from source matenal recove'y ter authon2mg estnbution or re-censes authonzing reestnbuten operatons, as weft as hcenses estnbution of radiopharmaceuti-of items that have been author.
authonzng the possesmon and cals, generators, reagent hits trod for estnbuten to persons maintenance of a facihty m a and/or sources or devices not esempt from the hconsng re-standby mode myoevmg processmg of byproduct querements of part 30 of tnis License, Renewal, Amendment...
Full cost.
materal chapter:
Inspechons Apphcation-New hcense..
$900 Apphcahon-New bcense._
. $2.100.
Rouhne..-
. Full cost Renewal... _
$400.
Renewal..
. $960 Nontoubne...
, Full cost.
AmenWnent..
$250 Amendment
$260 inspect ons inspectons Rout ne..
$640 Routme..
$370 Nonrouhne..
. $920 Nonrout ne...
$550
l 21182 Fednal Rzglstzt / Vol. 55, No.100 / Wednesday, May 23,1W0 / Rules and Regulations SCHEDULE OF MATERIALS FEES-SCHEDULE OF MATERIALS FEES-SCHEDULE OF MATERIALS FEES-Continued Continued Continued (see footnotes at end of tabiel (See fcctnotes at end of tabiel (See footnotes at end of tabiel Category of materals hcenses and p,,,*,
Category of matenals Icenses and p,,,*,
Category of materes hcenses and p,, s a type of tees '
type of lees 8 type of fees a J Licenses msued pursuant to sut>
Apphcaton-New ncense..... -
$1.100 Renewal.
$740.
I part B of part 32 of tNs chapter Renewai..
$640 Amendment...
$ 180.
to estnbute items contanng by.
Amendment ~.
$320 inspechons product materal that requwe nspections Routme..
11.300 sealed source and/or devce Routme-
$550.
Nontoutine.
$1.700 review to pesons generany h-90ntoutme -.
$550 5 Weilloggmg consed under paa 31 of tNs O. L conses for possessen and A. Licenses for possesson and use chapter. except specihc hcenses use of byproduct matenal stued of byproduct matermi, source authormng redistnbution of items pursuant to part 34 of tNs chap.
material, and/or specal nuclear that have been authorged for ter for edustnal redography op-material for wolt loggmg. well sur-estobution to persons generally erabons veys, and tracer stuees olhat hcensed unoer part 31 of ths Appicehon-New heense.. -
$2.400 than feed floodmg tracer studes chapter:
Renewal...
$ 1.400 Apphcaton-New hcense._...
Appicaton-New heense_
$2.000.
Amendment.....
$390 Renewal.
. $2.700 Renewal.
$460 Inspectons
- Amendment...
. $1.600
$430 Amendment...
$3t0 Rouhne..
$920.
Inspectons inspechons Nonroubne..... _._........ -
$2,000.
Routme _
$640 Routme
$550.
P. All other specific byproduct ma-Montouhne...
$640.
Nonroutine..
$550.
tenal hcenses, except those m B. Ucenses for possessen and use K. Lcenses issue 1 pursuant to sub-Categones 4 A through 90 of byproduct matenal for field part B of part 32 of ths chapter Appicahon-New hcense..
$400.
flooeng tracer stuees to estnbute items contaming by.
RenewsL _
$400.
Lcense. renewal. amendment.... F ull cost.
product materal or quantibes of Amendment...
$300.
Inspections byproduct matenal that do not nopectons.
Roubne.
$550.
requwe sealed source and/or Routine.
$920.
Nonroutme
$830.
devce review to persons Gener.
Nonroutme...
$920.
6 Nuclear laundnes ally bcensed under part 31 of this
- 4. Wsste esposal and processmg A. (censes for commercial collec-chapter. except specthe hcenses A. Lionses specifically authonzmg authorging redestnbution of items the e ceipt of waste byproduct tion and laundry of items con-n that have been authorued for matenal, cnurce materal or spe-tammated with byproduct maten.
estnbubon to persons generally cat nuclear matenal from other al e Menal Cr specal nu.
hcensed under part 31 of tNs persons for the purpose of com.
clear matenal chapter:
Apphcaton-New hcense..
. $1.100.
mercial esposal by land bunal by Apphcehon-New bcense-
$ t.500.
the bcensee, or hcenses authoru-y~
Renewal....-.
$750.
mg conungency storage of low Amendment..
$230.
level radcactrve waste at the site inspectons-
)
Inspechons-of nuclear power reactors, or h-Routine....
$920.
Routme..
$550.
conses for treatment or esposal Nonroubne
$ 1.500.
Nonroutme...
$550 by meneraton, packagmg of res,.
- 7. Human use of byproduct, source.
L. Licenses of broad scope for pos-dues resultog from ocmershon or specal nuclear matenat session and use of byproduct and transfer of packages to an.
A.
Licenses usued pursuant to matenal asued pursuant to parts other person authorged to re.
parts 30. 35, 40, and 70 of tN.s
- 30 and 33 of tNs chapter for ceive or espose of waste mater, chapter for human use of by-research and development that at product matenal, source matonal do not autnonze commercel es-Lcense, renewal, amendment...
Full cost.
or special nuclear materal m inbuton.
Inspections sealed sources contamed m tele-Appitcaton-New beense
$ 1.800.
Routme.
Fult cost.
therapy devices Renewal
$ 1.600.
Nontoutme.._.
Full cost.
Apphcahon-New bcense.......
$2.700.
Amendment,..
$400 B. Lcenses specifcally authonzmg Renewal
$630.
Inspectons-the receipt of waste byproduct Amendment.
$340.
Routme-
$740.
matenal, source matenal, or spe.
Inspections.
Nonroutine -.....~
$920.
cel nuclear matenal from other Roubne...
$920.
M Other hcenses for possessen persons for the purpose of pack-Nonroutme....
. - S t.500.
and use of byproduct materel agmg or repackagmg the mater >
- 0. Lconses of broad scope issued usued pursuant to part 30 of ths at The bcensee wdl espose of to medcal institutions or two or chapter for research and devel-the matenal by transfer to an-more physicians pursuant to opment that do not authorize other person authonzed to re-parts 30. 33, 35. 40 and 70 of commercial estrtuttort ceive or espose of the matenat tms chapter authonzing research Apphcaton.-New heense........
$900.
ApphcahorwNew license...
. $2.200.
and development.
includmq Renew aL.-..
$900.
Renewal...
$1.500 human use of byproduct matenal.
Amendment
. $500.
Amendment
$160.
except hcenses for byproduct inspections.
Inspections.
matenal, sou ce matenal, or spu-Rout rie...
$640 Routine..
$ 1.700.
cial nuclear matenal m sealed Nontoutine
$740.
Nonroutme m...._....
S t.300.
sources contained m teletherapy N trenses that authonJe servces C. Licenses specihcally authonZmg devces for other hcenses, except (t) li-the receipt of prepackaged waste Appkcahon-New hcense...
. $ 1.800.
conses that authorue cabbraton byproduct matenal, source mate-Renewal...
$1.600.
and/or leak testmg services only nal, or special nuclear matenal Amendment...
$290.
are subiect to the tees specified from other persons The hcensee irspections m fee Category 3P, and (2) h-will espose of the matenal bY Routine...
$1.300 conses that authunte waste es-transler to another person a*
posal sonnees are subect to the Nonrouhne..
. $1.400.
i thonzed to receeve or espose of fees specihed m fee Categones the matenal 4A. 40. and 4C:
App 4 cation-New bcense.
$ 1.500
I Federal Register / Vol. 55; No.100 / Wednesday, May 23. 1990 / Rules and Regulations 21183 SCHEDULE OF MATERIALS FEES-SCHEDULE OF MATERIALS FEES-13A and 14) are due upon notitcahon by ".e Com-nsson m accordance with 617012td)
Continued Continued (d) Amenerient ke-Apphcatov for amend-ments to bcenses and approvals. e aept those sub-(See lootnotes at end of table]
[See tootnotes at end of table) lect to tees assessed at full costa must be accom-paned tre prescrtM emenrment lee for each beense agected An appacaten a an amendnent m Category of matereis hcenses and p,e' Category of matenals iconses and Fe*,,s a hem or spinval classited in nere man ore tu type of fees
- type of foes
- category must be accomponed by the presenbod amendment fee for the category affected by the C Other hcenses asued pursuant D Evaluation of part 71 quakty as.
amendment un6ess tre amendment e appbcable to two or more tu cat ies m which case tte to parts 30, 35, 40. and 70 of surance programs amandnent W for N st M cam woud the chapter for human use of Apphcoton-Approval.
$t80 appey For those hcenses and approvals s t to byproduct materet. source mate.
Renewal *
$180 fuH costs (fee Categores 1 A.1B, 2A. 4A. 50,10A.
rel, and/or specal nuclear mate-Amendment..
. $180.
11.12.13A and 14' are due upon notifcaten by the tel, except hcenses for byprod-Inspectons..
None.
Commiston m accordance with i 17012(c).
uct materal, source matenal or 11 Reven of standar$2ed spent fuel (2) An apphcation for amendment to a matorets speciel nuclear matereiin sealed facintes-
% cense or approval that would place the bcense or sources contaired m teletherapy Approval, Renewal, Amendment.... Fun cost 69 proval in a higher fee Category or add a new tee c.tegory must be accomperwed by the presenbod geygga Apphcaton-New bconse....... $570 12 I otects An ahon for me t to a heense or Renewal.
$830.
Approvst approve! that would reduce the scope of a hcens.
Amendment...
$340.
1 Topcai reports '
$50,000.
ee's prog *am to a lower fee category must be inspectons
- 2. Amendments, reymons and
$50,000.
eccomponed by the presenbed amendment fee for the low be category.
Routme...
$630 supplements to topcal re.
(4) Apphcahons e teranew hcmes aumoeng Nonroutme
$1,200.
ports '.
small materees programs. when no esmenthng or
- 8. Cml defense.
3 AM other approvals (mCluding Fun cost-decontarrureton procedure e required, shall not be A. Licenses for possesson and use transportabon route approvals),
subtect to fee.
of byproduct materel, source special protects, reports and to) inspecaon ices-Separate charpes wdl be as-matenal, or specsal nuclear mate-amendments except those sessed for each routmo and nonrouune inspection nel for civd defense actmtes.
specifed m 1 and 2 above.
pertormed, except that enapoctons resuttmg from Apphcation-New hcense...-.. $460.
Inspectons.
None.
imestigatons conducted by the Offce of Investiga, tons JAd nohtoutme inspectons that result from Renewal.
$320.
13 A. Spent fuel storage cask Certif.
mad. party ahgations un not be sM b kn. If a Amendment--
$250.
cate of Comphance.
hcensee holds more than one metennis bconse at a inspections-Approvals.
. Fun cost.
smgie locaton, a lee equal to the highest fee cate-Rouhne.
$550.
Amendments, revisions and sup-Full cost.
pory covered by the hcenses wel be assessed 61 the Nonroutine
$550.
p6ements mspectons are conducted at the same eme, except g Devee, product or seated source Reapproval.
Fun cost.
m cases when the mapocton teos are based on the full cost to conduct the especten The fees as-safety evaluahon:
B. Inspectons related to spent fuel sessed at tuu cost wel be deteraned based on the A. Safety evaluanon of devees or storage cask Certifcate of Com-professional statt bme requred to conduct the in-products contammg byproduct phance.
specten multiphed by the rate estabhshed under matenal, source matenal, or spo.
Routme Full cost.
I170.20 of this part, to which any apphcable con.
ciel nuclear matenal, except re.
Nonroutme.
Fun cost.
tractual support serv ce costs meurred wel be added.
actor fuel devces for commer.
C. Inspectons related to storage of ucenses covenne more than one category wdl N charged a fee equal m me highest be cowgory ciel distnbutiort spent fuel under i 72.210 of part covered by the hcense. Inspecton fees are due Appicaton-each device...
$2.600.
72 of this chapter:
upon notificaten by the Comnssoon in aCCordance Amendment-each device..........
$920=
Routme Full cost.
with i 170 t?tg). See Footnote 5 for other mapection Inspechons None Nonroutme Fun cost.
notes.
O Safety evaluahon of deves or 14, Byproduct, source of special nu.
8 Fees wel not be charged for orders 6ssued by products containmg byproduct clear material hcenses and other the Commsmon pursuant to 2.204 of part 2 nor for any matenal, source materel, or spe.
approvals authonung decomms, a,
Maul p
ciel nuclear matenal manufac.
senmg. decontammaton, reclame' approvsis issued pursuant to a specific exemption tured in accordance wth the ton or ste restoration actMtes provtson of the Commason's regu6ahons under Title uruque specifcatons of, and for pursuant to 10 CFR parts 30, 40, 10 of the Code of Federal Regulatons (e g, use by a smgte apohcant. except 70 and 72:
(( 30.11, 40.14, 70 14, 73.5, and any other such reactor fuel devces.
Approvat, Renewal, Amendment,.. Full cost.
sections now or hereafter in effect) regardless of whether the approval is in the form of a heense Apphcation-each devce S t.300.
Inspecton Q"*"d"*"h,
tkfEs Amendment-each devics..... $460.
Routme Full cost.
in ad er t inspections..
None.
hionroutine.
. Fun cost an apphcant may be assessed an additional fee for C. Safety evaluaton of sealed sealed source and devce evaluations as shown in sources contammg byproduct
- hpes of bes-Separate charges as shown m Categones 9A through 90.
matenal, source matenal, or spo.
the schedule wdl be assessed for apphcatons for a Full cost fees wel be deteraned based on the new beenns and approvals, issuance of new h-professonal statt bme and appropnete contractual ciel nuctear matenal, except re, conses and appremis. amendments and renewals m suppon serica expended For those apphcations actor fuel, for commercial distn-existmg hconses and approvals, safety evaluatons of currently on fue and for which fees are deternned buten sealed sources and devces, and inspectons The based on the full cost expended for the review, the Apphcation--each source.-
$550.
fortomng guidehnes apply to these charges:
professonal staff hotre expended for the revow of Amendment-each source...~... $180 (a) Aap4ca80n tees-Apphcatons for new treten-the opphcation up to the effective date of this rule inspectons -
None.
als bcenses and approvals or opphcatons to rein.
mit be determned at the professional rates estab-D.
Safety evaluatson of sealed state expired hcenses and approvets, except those hshed for the June 20,1984, and January 30,1089, subiect m Im assased at tuu cost, must be ao ruin, as appropnete. For dw apphcatena cunnt sources conts"'"9 byproduct comparved by tne presenbod apphcahon fee for ly on file for whch review costs have reached an matenal, source matenal, or spe' each category, except that apphcatons for bcennes apphcable fee ceshng estabbshed by the June 20, cel nuclear matenal, manufac-covenng more than one fers category of specel 1984, rule, but are stdl pendng completon of the tured n accordance mth the nuclear matenal or source restenal must be accom.
revow, the cost mcurred after any apphcable ceihng unique speofcatons of, and for parved by the presenbed apptcation fee for the was reached through January 29,1989, wel not be use by a engse apphcant, except highest fee Category.
belled to the apphcant. Any professonal staff hours reactor fuet (b) Imsemproval fees-Fees for opphcatons expended above those cedmos on or after January for new hcenses and approvals subect to fun cost 30, 1989. mit be assessed at the apphcabie rates i
Apphcaton-each source -- $280-tm (fee Categones 1 A,1B, 2A, 4A, 58,10A,1i, estabashed by 1 170.20. as approonate. except for Amendment-each source..
$90.
12,13A and 14) are due upon notitcahon by the topical reports whose costs exceed $50.000. Costs inspectons.
None.
Commason in accordance mth i 170.12tb), (e), and which exceed $50,000 for each topical report, to Transportation of radcactrie ma.
(f).
amendment, revision or suppsement to a topcal tenat (c) Renews /neeparoval tees-Apphcatons for re-report completed or under revow from January 30.
newal of matenals hceses and appreals must be 1989, e the eNectrve date of dus ruse mH not be A Evaluation of casks, packages' accomparved by the presenbod renewal fee for each billed to the apphcant. In no event wdl the total and shipping conwnert'ndment..
category, except that fees for apphcatons for renew.
review costs be less than $150 Approval. Renewal, Ame
~ Full cost.
ei of hcenses and approvals subtect to full cost fees
- Lconsees paying fees under Categones 1 A and 1B are not sub ect to fees under Categones IC and inspectons..
. None.
(Ise Categones I A,10, 2A, 4A, 58,10A,11,12.
t
- ---....i..i i.
E
! 211N Feder:1 Resist:r / Vol. 55, No.100 /- Wednesdty, M:y 23, 1990 Rults end Rrgul:tions
- c.D for Wed sourC.nn. c.pi m inou m.autnorG.d in tne s me bb
't m
n n une
= in.eWs.ns.ly witn tne s.sn m a e utnorg.Aume.nis io, new sc.e s e.new.
bon d on Wed sour d
ic n
- ei of enstmo ncenses tn.t.CCw.r bom bypro.d.uct m ieral end s twel. r m t ms ied approon i..ps c. ion or renew vic.erali t.s we pay m soure.s for uscocal m o.uoing ee
. ior t cei.
T.i.u ons no. autnorumo sn.ided r#7.opnic
. nc man o.n..ddras..ut.eiurno. in.i.=io. ns n.r.
m m.n mo s.o r.i i.e we t d
for m o.cio.n ei en ioca.io.n, e c.pt inei et ine.
mumpe wet,. moi = ions are.in p et.d o.rno e snoi emount that may b. own t. pres.o ess ssed -.ssessed for.ts tne maxwnum engle inspecten i e we t
- Ine amount sn n
.cn lopecal repor or o.cn amendm.nt reymon,.nd suppi.mont to.t topical renort Deled at Rockville, Maryland, this 17th day of M.y 1990.
For the Nucle r Regulatory Commission.
S mu.I j. Chilk, Secretary of the Commission.
[FR Doc. 90-11955 Filed 5-22 90; 8.45 m)
DLLleeQ CODE 75.H1-of UNITED STATES nast etass uai NUCLEAR REGULATORY COMMISSION
'05'^8,5,*J'5 '^^
WASHINGTON, D.C. 20555 PERMIT No. O 67
}
OFFICIAL BUSINESS
. PENALTY FOR PRIVATE USE 4300 t
t
~T g o n z.
PW L ' t_..
/"*%,
UNITED.8TATES i
NUCLEAR REGULATORY COMMISSION f
r Offlee of Govemmental and Pubilo Affairs
%,,,y, Washington, D.C. 20505 L
i No.
90-81 FOR IN4EDIATE RELEASE R
Tel. 301/492-0240 (Wednesday,May 23,1990)
J NRC AMENDS REGULATIONS A
TO REVISE LICENSING AND INSPECTION FEES The Nuclear Regulatory Comission is amending its regulations to increase licensing and inspection fees and establishing a ceiling on fees for certain special reviews. The new fees will allow the Comission to more equitably recover the costs incurred in providing licensing and inspection services for licensed activities.
The amendments increase the fees for licensees using radioactive materials under Parts 30, 40 and 70 of the Comission's regulations and add a fee for reviewing applications for decomissioning by certain materials licensees. The O
amendments are based on Fiscal Years 1987 and 1988 licensing data, and on a change in the cost per NRC professional staff hour to $92, based on the agency's Fiscal Year 1990 budget.
Indian tribes and Indian organizations are made exempt from the payment of fees, as States and government agencies cJrrently are.
The NRC fee changes for special reviews establish a fee ceiling of $50,000 for the review of topical reports.
(The NRC Topical Report Program provides a procedure by which industry organizations may,_ on their own initiative or at NRC's reeuest, submit reports on specific "important-to-safety" subjects to the NRC anc have them reviewed independently of any construction permit or operating lice.nse review. The purpose of the program is to minimize the time and effort required of both industry and the NRC on subjects repeated in numerous licensing actions.
The procedure provides for a single review and approval with subsequent referencing,ratherthanrepetitivereviewsforthesameitem.) Currently fees for review of topical reports have no ceiling, but are based on full cost recovery.
NRC charges fees in proportion to its costs for providing individually identifiable services to applicants for and holders of NRC licenses and approvals. The fees are authorized by the Independent Offices Appropriation-Act of 1952; they are deposited into the General Treasury-of the United States and do not augment the NRC appropriation.
The amendments will be effective on July 2, 1990.
-_