ML20043H089

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Submits Substantive Changes in Revised Rule 10CFR170 on License Fees That Affect Nmss,Nrr & Regional Ofcs Directly. Revised Regulation Will Become Effective 900702
ML20043H089
Person / Time
Issue date: 06/04/1990
From: Scroggins R
NRC OFFICE OF THE CONTROLLER
To: Bernero R, Harold Denton, Murley T
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation
Shared Package
ML19330E503 List:
References
FRN-55FR21173, RULE-PR-170 AD23-2-63, NUDOCS 9006210563
Download: ML20043H089 (3)


Text

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UNITED STATES

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i NUCLEAR REGULATORY COMMISSION m-,

in j-WASHING TON, D. C. 20656 3

%,,.....f June 4, 1990

-MEMORANDUM FOR:

Harold R. Denton, Director, GPA i

Robert M. Bernero, Director, NMSS Thomas E. Murley, Director, NRR Thomas T. Martin, Regional Administrator, RI

{

Stewart D. Ebneter, Regional Administrator, Ril i

A. Bert Davis, Regional Administrator, Rill Robert D. Martin, Regional Administrator, RIV j

-John B. Martin, Regional Administrator, RV FROM:

Ronald M. Scroggins Controller

SUBJECT:

10 CFR 170 - FINAL NOTICE OF RULEMAKING On December 1, 1989, the NRC published in the Federal Register for public comment a Notice of Proposed Rulemaking which would ameno its schedule of fees 1

'in Part 170 for facilities and materials applications and licenses.

The final Notice of Rulemaking was published May 23,1990(Enclosure 1). The revised regulation will become effective July 2,1990, and has,been furnished to your staff.

Substantive changes in the revised rule that affect.HMSS, NRR and the regional offices directly are:

1.

A. revision of the professional staff-hour rate based on the FY 1990 budget. _The NRC rate-of $86 per hour increases to $92 per hour, A fee ceiling af $50,000 has been established in il 170.21 and q

2.

170.31 foi topical re: port reviews. The ceiling would also apply to any amendments, revisions or eupplements to topical reports.

1 3.-

The schedule of licensing and inspection fees in 5 170.31 has been updated for radioisotope licenses (small programs covered by Parts 30,'40,and70)basedontheFY1990 budget.

4.

The $150 application filing fee in i 170.31 for those applications where fees are assessed based on the full cost of the review has been removed.

5.-

A new category 14 has been establir i in i 170.31 for decommissioning applications for byp aduct material, which will apply to the decommissioning applications pending NRC review on

+

the effective date as well as subsequently filed applications.

' The revised rule provides for full cost recovery for these applications.

9006210563 900618

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'170;55FR21173 PDR s

2 6.

A new exemption provision has been established in i 170.11(a)(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 f rom payment of fees. The exemption does not cover licenses authorizing the distribution of products or the offering of consultant services.

7.

Category 3N in i 170.31 (licenses which authorize service for other licensees) has been mooified with a provision added that licenses which authorize leak test services and/or calibration services only will be subject to fee Category 3P (all other specific byproduct

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licenses).

8.

Applications for approval of Part 71 quality assurance programs will be subject to flat fees rather than full cost (fee category 10B).

Since all reactor and major fuel cycle licensing ano inspection fees assessed under the revised regulation will continue to be based on the actual professional staff hours and contractual services costs expended for the review or inspection, I wish to emphasize the continuing need for complete and accurate records regarding each of the review and inspection cases.

If you have any questions concerning this matter, please contact me or James Holloway of my staff on X27724

/.s4 Ronald M.Scroggins Ronald M. Scroggins Controller

Enclosure:

10 CTR 170 Final Notice of Rulenaking DISTRIBUTION:

OC R/F, OC Part 170 changes, RScroggins-w/o-en osures, LHiller, GJohnson, PRabideau DDandois w/o enclosure.

enclosure, DWeiss w/o enclosure, RSmitHolloway (2) w/o enclosure, GJackson w/o G

  • Ste previous concurrence

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Corrections r.d.roi Vol. 65. No.118 Tuesday, June 12.10s0 This secton of the FIEDERAL. REGISTER On page 22368,in the first column. In i 170.t1 (corrected) contams editonal conectons of precously the table. in the last entry of the first

3. On page 21180 in the third column, I N PresW, Rule, Proposed column "Nakal" should tead "Nankal".

In i 170.21. In the table, the heading flute, and Nobce documents. Theme corrections are prepared try the Omco of maneo caos te.Seie

., Family categories and types of fees" h should read the Federal Pegester., agency prepared types of fees, Facility categories correctiens are soeued as sa9ned documents and appear in the appropnate DEPARTMENT OF DEFENSE

4. On the same page,in the same document categones 61sewhere in the column, in i 170.21. in the footnotes to ;

leeue.

Office of the Secretary the table, a line of five stars should appear between footnotes 2 and 4.

Privacy Act of 1974; System of DEPARTMENT OF AGRICULTURE Records Notices i 170.31 (correctedi i

tgricultural Marketing Service CONCfl0"

5. On page 211N.,in the first column, in i 170.31, in the table, in the first line 7 CFR PM H In n tice document 9012005 beginning of entry N., " Licensee" should read 4

on page 21428 in the issue of Thursday,

" Licenses",

[Decket No, N300)

May 24,1990, make the following

6. On na in i 170M.h 21183, in the first colum oc correction:

In the table,in the first line Pineapples; Grade Standards In the third column insert "DPAD of entry 98.. " devices" was misspelled.

12.0" above "$YSTEM NassE",

7. On the same page. in the third j

Correction i

column. In i 170.31. in footnote (d) to thi <

in rule document 9012879 beginning table,in the 14th line,immediately before "are due" insert " amendment on page 22765 in the issue of Monday, june 4.1990, make the following NUCLEAR REGULATORY fee,"-

c:rrection:

COMMISSION mwmo caos neseie I $1.1499 [ corrected]

10 CFR Part 170 DEPARTMENT OF TRANSPORTATl0N in l 51.1489, on page 22770, in Table !!. W t150-ADt3 e

the last entry in the last column should Federal Aviation Administration l

re:d "250".

Revtalon of Fee Schedules:

man,, con,,,,,,,,,

Radioisotope Licenses and Topical 14 CFR Part 71 Reports

( Altspace Docket No. 90.AWP.31 DEPARTMENT OF COMMERCE Proposed Revision of the Honolulu, Hl.

In rule document 9041955 beginning Control Zone and Establishment of the l'iternationalTrade Administration on page 21173 in the issue of NAS Barbers Point. Hi, ControlZone Wednesday. May 23,1990. make the (A6444011 following corrections:

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Calcium Hypochlorite From Japan;

1. On page 21174,in the second in proposed rule doceen19041932

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Preliminary Results of Antidumping columr., in the first complete paragraph, besioing on page 21203in the tatu Duty Administrative Review and intent in the fourth from last line, remove Wednesday, May 23.1900, moks the 3

..the" folloWin6 correction:

to Revoke in Part I170.12 (Corrected]

I 71,171 lCorrected)

2. On page 21179,in the second On page n204,in the second column, in notice document 9012740 beginning column. In i 170.12(a), in the sixth line.

under NAS Barbem Poiay11(NEWL in.,

En page 22367 in the issue of Friday, between "be" and " charged" insert the sk.h line, after "ht. 21 16'" insert June 1.1990, make the following

" processed and may be returned to the

~41*N long.1581$'",

l conection' applicant. All application fees will be" sumsomos teance l

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