ML20137A010

Forwards Two Sets of Workpapers for 10CFR170 & 171 Proposed Rule FY97 Scheduled for Publication in Fr in Next Few Days

ML20137A010
Person / Time
Issue date:	02/25/1997
From:	Holloway C NRC OFFICE OF THE CONTROLLER
To:	Lanham D NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20136J108	List: ML20136J130 ML20136J145 ML20136J171 ML20136J193 ML20136J233 ML20136J246 ML20136J266 ML20136J287 ML20136J306 ML20136J348 ML20136J358 ML20136J373 ML20136J388 ML20136J402 ML20136J407 ML20136J427 ML20136J434 ML20136J443 ML20136J476 ML20136J514 ML20136J534 ML20136J584 ML20137A004 ML20137A010 ML20137A024 ML20137A033 ML20137A038 ML20137A066 ML20138G399 ML20138J003 ML20138J008 ML20138J774
References
FRN-62FR8885, RULE-PR-170, RULE-PR-171 AF55-1-035, AF55-1-35, NUDOCS 9703200151
Download: ML20137A010 (25)

Text

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>,t UNITED STATES '

0 4 o NUCLEAR REGULATORY COMMISSION h f ', . I WASHINGTON, D.C. 20606-0001 February 25, 1997

/

$EYORANDUMT0: Donald H. Lanham Docketing and Document Control Desk Section Office of Info ation Resources Management FROM: k.dkes^HN . G As stant for Fee Policy ndRu'es Office of the Controller

SUBJECT:

FEE WORKPAPERS FOR 10 CFR PARTS 170 AND 171 PROPOSED RULE --

FY 1997 Attached are two sets of the work 3 apers in support of the Proposed Rule scheduled for publication in the rederal Register in the next few days.

Please advance one set of the workpapers to the Public Document Room

. immediately and ask the PDR staff to time-stamp them upon receipt and put them on display for immediate perusal. The other set is for processing through the NUDOCS system. In this way the PDR gets an advance copy and an additional copy through normal processing.

Thank you for your assistance in this matter.

Attachments: As stated i

e e

l 9703200151 970317 hh,_ R8885 PDR

l .

8885 l

/tF6W red-t a+*r

! Proposed Rules Vol. 62. No. 39 Thursday. February 27,1997 PM l

in the Supplementary Information fees necessary for the NRC to recover l TNs section of the FEDERAL REGISTER contains notres to the put$c of the proposed Section. approximately 100 percent of its budget l authority for FY 1996,less the i issuance of rules and regulations. The The agency workpapers that support i purpose of these retices is to give interested these proposed changes to 10 CFR parts appropriation received from the Nuclear

. persms an opportun4 to pa@ ate in m 170 and 171 may be examined at the Waste Fund. Several changes to the fees I

'* I " P" dP Uh* NRC Public Document Room at 2120 L assessed for FY 1996 were adopted by I ruks' l Street, NW. (Lower Level), Washington, the NRC. These changes were DC 20555-0001, highlighted in the final rule (61 FR FOR FURTHER INFORMATION CONTACT: C.

16203; April 12,1996) and bear on the NUCLEAR REGULATORY approach for establishing annual fees set COMMISSION James Holloway, Jr., Offico of the Chief

! Financial Officer, U.S. Nuclear forth in this proposed rule.

10 CFR Ports 170 and 171 Regulatory Commission, Washington, II. Proposed Action DC 20555-0001 Telephone 301-415- i RIN 3150 AF 66 The NRC is proposing to amend its 6213.

licensing, inspection, and annual fees to Revision of Fee Schedulos;100% Fee SUPPLEMENTARY INFORMATION: recover approximately 100 percent ofits py g FY 1997 budget authority, including the I. Background.

AGENCY: Nuclear Regulatory 11. Proposed Action. budget authority for its Office of the Commission. III.Section-by Section Analysis. Inspector General, less the ACTION: Proposed rule. IV. Electronic Access- appropriations received from the NWF V. Environmental Impact: Categorical and the General Fund. For FY 1997, the GUMMARY:The Nuclear Regulatory Exclusion. NRC's budget authority is $476.8 (

Commission (NRC)is proposing to VI. Paperwork Reduction Act Statement. million, of which $11.0 million has amend the licensin , inspection, and R ^ been appropriated from the NWF. In xR ory F e by Analysis ^

annual fees charge to its applicants addition, $3.5 million has been DM Mg and licensees. The proposed appropriated from the General Fund for amendments are necessary to I. Background activities related to commercial implement the Omnibus Budget Public Law 101-508, the Omnibus vitrification of waste stored at the Reconciliation Act of 1990 (OBRA-90)' Budget Reconcillation Act of 1990 Department of Energy Hanford, which mandates that the NRC recover (OBRA-90), enacted November 5,1990, Washington, site. The FY 1997 approximately 100 percent of its budget requires that the NRC recover appropriation statute states that the $3.5 authority in Fiscal Year (FY) 1997 less approximately 100 percent of its budget million appropriated for regulatory amounts appropriated from the Nuclear authority,less the amount appropriated rei/iews and other activities pertaining Waste Fund (NWF). The amount to be from the Department of Energy (DOE) to waste stored at the Hanford, recovered for FY 1997 is approximately administered NWF, for FYs 1991 Washington, site shall be excluded from

$402.3 million, through 1995 by assessing fees. OBRA-license fee revenues notwithstanding 42 DATES:The comment period expires U.S.C. 2214. Therefore, NRC is required 90 was amended in 1993 to extend the March 31,1997. Comments received NRC's 100 percent fee recovery to collect approximately 5462.3 million requirement through FY 1998. In FY 1997 through to CFR part 170 after this date will be considered if it is practical to do so, but the NRC is able The NRC assesses two types of fees to licensing and inspection fees and to to ensure only that comments received recover its budget authority. First, CFR part 171 annual fees.

on or before this date will be license and inspection fees, established The total amount to be recovered for considered. Because OBRA-90 requires in 10 CFR part 170 under the authority FY 1997, and therefore the total fees, is that NRC collect the FY 1997 fees by of the Independent Offices the same as the amount estimated for September 30,1997, requests for Appropriation Act (IOAA),31 U.S.C. recovery for FY 1996. However, the extensions of the comment period will 9701, recover the NRC's costs of distribution of the total amount to be not be granted. providing individually identillable collected between the two types of fees ADORESSES: Mail written comments to: services to specific applicants and is different. The NRC estimates that Secretary, U.S. Nuclear Regulatory licensees. Examples of the services approximately $96 million would be Commission, Washington, DC 20555- provided by the NRC for which these recovered in FY 1997 from fees assessed 0001, ATTN: Docketing and Services fees are assessed are the review of under 10 CFR part 170 and other applications for the issuance of new receipts compared to $120.5 million in Branch. Hand deliver comments to: FY 1996. The remaining $366.3 million 11555 Rockville Pike, Rockville, licenses, approvals or renewals, and amendments to licenses or approvals. in FY 1997 would be recovered through Maryland 20852,between 7:45 am and Second, annual fees, established in 10 the to CFR part 171 annual fees.

4:15 pm Federal workdays. (Telephone Because the 10 CFR part.170 fees and 301-415-1678). Copies of comments CFR part 171 under the authority of OBRA-90, recover generic and other other offsetting receipts for FY 1997 is l

received may be examined at the NRC below the estimate for FY 1996, annual r

Public Document Room at 2120 L Street, regulatory costs not recovered through NW. (Lower Level), Washington, DC to CFR part 170 fees. fees must increase. The lower estimate l for 10 CFR part 170 fees plus other 20555-0001. For information on On April 12,1996 (61 FR 16203), the submitting comments electronically, see NRC published its final rule establishing changes cause an 8.2 percent increase FY 1997 annual fees compared to FY the discussion under Electronic Access the licensing, inspection, and annual l

8886 Fedsrtl R! gist:r / Vol 62, No. 39 / Thursday, Feb"uary 27, 1997 / Proposed Rules comply with the guidance in th :ost center concepts, all budgeted 1996. These changes are more fully Conference Committee Report on resources are assigned to cost centers to explained in Section B. The following the extent they can be distinguished.

examples illustrate the changes in OllRA-90 that fees assessed under the annual fees. Independent Offices Appropriation Act These costs in'clude all salaries and benefits, contract support, and travel (IOAA) recover the full cost to the NRC FY 1997 of identifiable regulatory ser< ices each that support each cost center activity.

FY 1996 y posed Third, the NRC proposes to adjust the arr al fee licant or licensee receives.

amual fee apfirst, the NRC is proposing to amend current part 170 licensing and inspection fees in $$ 170.21 and 170,31 Class of Licens. $ 170.11 of the Commission s fee regulations to add an exemption for applicants and licensees to reflect ees: both the changes in the revised hourly Power reac- provision for those amendments to

$2,746,000 $2,972,000 materials portable gauge lit enses rates and the results of the review tors .

Nonpower re- referencing NUREG 1556 that would required by the Chief Financial Officers actors . ...... 52.800 57,200 ' change only the name of tie Radiation (CFO) Act. To comply with the N9 hd Safety Officer (RSO). This proposed requirements of the CFO Act, the NRC ur u change is consistent with the proposed has evaluated historical professional facility . 2,403,000 2,600,000 regulatory approach outlined in draft staff hours used to process a licensing t.ow ennched NUREG-1556, Volume 1, entitled action (new license and amendment) for uranium fuel those materials licensees whose fees are fac&ty 1,179,000 1,276,000 " Consolidated Guidance About based on the average cost method (flat Materials Licenses, Program Specific UF. conver- fees). This review also included new sion facility 597,800 647,000 Guidance About Portable Gauge 57,000 61,600 Licenses" issued October 3,1996, for license and amendment applications for Uranium mills bpical materials public comment. No amendment fees import and export licenses.

Evaluation of the historical data f[ s r hers Wellloggers .

13,000 7,500 w uld be assessed for tie amendmects 14,000 to portable gauge licensis because th i shows that the average number of 8,200 regulatory program proposed in the hnal professional staff hours needed to Gauge users .. 1,600 1,700 NUREG-1556, Volume 1, would inc' ude complete materials licensing actions Broad scope should be increased in some categories rnedical . 21,700 23,500 commitments from the licensee concerning RSO qualif. cations and i f and decreased in others to reflect the costs incurred in completing the Because the finalI Y 1997 fee rule those commitments aru included in the licensing actions. Thus, the revised will be a " major" fin al action as defined amendment applicatien, then a average professional staff hours reflect technical review is no required. Tl e by the Small Business Regulatory the changes in the NRC licensing review Enforcement Fairness Act of 1996, the NRC expects NUREG 1556 to be program that have occurred since FY NRC's fees for FY 1997 would become finalized before the final fee rule 1995. The proposed licensing fees are effective 60 days after publication of the becomes effective. If not, then this final rule in the Federal Register. The proposed change will not be included in based on the revised average the final fee regulation, professional staff hours needed to NRC will send a bill for the amount of Second, the NRC proposes that the process the licensing actions multiplied the annual fee upon publication of the by the proposed nuclear materials FY 1997 final rule to reactors and major two professional hourly rates professional hourly rate for FY 1997 of established in FY 1996 in S 170.20 be fuel cycle facilities. For these licensees, revised based on th a FY 1997 budjet. $125 per hour. The data for the average payment would be due on the effective These proposed rates would be be sed on number of professional staff hours date of the FY 1997 rule.Those needed to complete licensing actions materials licensees whose license the FY 1997 direct FTEs and that portion of the FY 1997 budget the t were last updated in FY 1995 (60 FR anniversary date during FY 1997 falls 32218; June 20,1995). For new before the effective date of the final FY either does not constitute direct materials licenses, the proposed 1997 final rule will be billed during the program support icontractual services licensing fees for FY 1997 are increased anniversary month of the license and costs) or is not recovered through the appropriation frcm the NWF or the in approximately 70 percent of the continue to pay annual fees at the FY categories, while the proposed fees for 1996 rate in FY 1997.Those materials General Fund. These rates are used to licensees whose license anniversary determine the p trt 170 fees.The NRC is materials amendments would increase proposing to establish a rate of $131 per in over 60 percent in addition to theofabove the categories.

rule changes, date falls on or after the effective date hour ($233.055 per direct FTE) for the of the FY 1997 final rule would be the NRC is clarifying how it would reactor prograri. This rate would be billed at the FY 1997 revised rates recover the costs of post.

during the anniversary month of the applicable to all activities whose fees are based on full cost under 5170.21 of implementation reviews of changes license and payment would be due on licensees make without prior NRC the date of the invoice, the fee regulations. A second ratn of I

$125 per hour ($222,517 per dirtet FTE) review; for example, changes under 65 50.54,50.59 and 70.32. The NRC is A. Amendments to 10 CFR Part 170: is proposed iat the nuclear matedals Fees for facilities, Materials, import and and nuclear waste program. Thic rato r.nnouncing here that licensees would Export Licenses, and Other Regulotory would be applicable to all materials be billed for post implementation review of these changes under $S 170.21 Se es activities whose fees are based on full and 170.31, beginning with the effective The NRC proposes three amendments cost under 3170.31 of the fee date of the FY 1997 final fee rule.There to 10 CFR part 170 and one change in regulations. In the FY 1996 final fee will be no change in how fees are practice under part 170. These rule, these rates were $128 and $120

, assessed for any pre-implementation

' amendments would not change the respectively, interactions, including any review prit

' underlying basis for the regulation-that The two rates are based on cost center to licensee submissions, between NRC fees be assessed to applicants, persons, concepts adopted in FY 1995 (60 FR and licensees for specific identifiable 32225; June 20,1995) and used for NRC and licensees. As in the past, any pre-services rendered. The amendments also budgeting purposes. In implementing implementation interaction should not

Fed:rd Register / Vol, 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules 8887 be fee bearing. It is noted the NRC plans adjust the annual fees only by the TABLE l.--CALCULATION OF THE PER-to inform reactor licensees in the near percentage change (plus or minus)in CENTAGE CHANGE TO THE FY 1996 future that their submittals under NRC's total budget authority unless ANNUAL FEES-Continued l $ 50.54 (a), (p) and (q) should not ask for there was a substantial change in the (Donars a mmons) pre-implementation reviews;instead, total NRC budget authority or the licensees are required to perform their magnitude of die budget allocated to a FY96 FY97 analyses, implement their changes (if specific class of licensees. If either case the analyses show that the utanges do occurred, the annual fee base would be Part 171 Billing Ad-not degrade plans the NRC has already recalculated (60 FR 32e25; June 20 justments:2 approved), and make their submittals 1995). The NRC also indicated that the Small Entrty Allow-ance.. 4.9 5.0 i under the relevant subsection of S 50.54. percentage change would be adjusted .

Unpaid FY 1997 bals 3.0

The NRC will then verify that the based on changes in 10 CFR part 170 t

changes are in compliance with 5 50.54. fees and other adjustments as well as on Payments from prior 2.0 year Ms  ;

in surnm , the NRC is reposing to: the number of licensees paying the fees.

Part 170 in the FY 1996 final rule, the NRC Subtotal . 4.9 6.0 i ho 1 stabilized the annual fees by ,

l (2) kevise'the licensing (application Total Part 171 l and amendment) fees assessed under to establishing the annual fees for all Bdling . 346.7 372.3 licensees at a level of 6.5 percent below l CFR part 170 in order to comply with the FY 1995 annual fees. In this FY 1997 the CFO Act's requirement that fees be 1$6 million in excess collections from FY revised to reflect the cost to the agency Proposed rule, the NRC intends to 1995 were available to reduce FY 1996 an-follow the same method as used in FY nual fees.

roviding the service, ,nts are ea of[3) Add a provision to' the regulations 1996. Because the total amount ,,2Thes ad{us estimated for recovery through fees in quired collections. Positie arr'ounts indicate exempting from to CFR part 170 fees certain amendments to materials FY 1997 is identical to the amount to be amounts billed that will tot be collected in FY recovered in FY 1996, establishing new 1997.

portable gauge licenses issued in baseline fees is nut warranted for FY As shown m, Table 1, the total amount accordance with NUREG-15561 and  !

(4) Charge under part 170 for post. 1997. While the total amount collected is the same, the distribution between of annual fees to be billed in FY 1997 l implementation quality assurance plan, is $25.6M (S372.3-5346.7) or 7.4 j safeguards contingency plan and Part 170 and 171 fees would change. In FY 1996,26% was estimated to be Percent higher than the amount that was emergency plan changes to be billed in annual fees in FY 1996.

collected from to CFR part 170 fees.  ;

B. Amendments to to CFR part 171: The NRC notes that the reduction in the This decreases to 21% in FY 1997. estimates of to CFR part 170 fees for FY Annual Fees for Reactor Operating Therefore, to recover 100 percent of the Licenses, and Fuel Cycle Licenses and 1997 is primarily in the areas relating to budget,10 CFR part 171 annual fees Materials Licenses, including Holders of must increase in FY 1997 compared to the review of applications for reactor Certificates of Compliance, FY 1996. The NRC is establishing the Perating licenses and the review of Registmtions, and Quality Assurance standard plant applications. In addition.

FY 1997 annual fees for all licensees at Progmm Approvals and Government i r the first time the estimates take into a level of 8.2 percent above the FY 1996 consideration an allowance for bad debt Agencies Licensed by NRC annual fees. The 8.2 percent increase by estimating billings in the fiscal year The NRC proposes six amendments to results primarily from a reduction in the that are not projected to be collected in to CFR part 171. First, the NRC amount of the budget recovered for 10 that fiscal year and collections received proposes to amend $ 171.13 to revise the CFR part 170 fees, a reduction in other in the current fiscal year as a result of language to indicate that if the NRC is offsetting adjustments, and reduction in billings from a prior fiscal year. These unable to publish a fee rule with an the number of licensees paying annual fees. In addition, the NRC has made adjustments to tho annual fees will effective date within the current tiscal all w the NRC to come closer to meeting year, then the NRC would continue to adjustments to recognize that all foes its obligation to recover approximately assess fees on the same basis as the billed in a fiscal year are not collected in that year. Table I shows the total 100 percent of its budget authority previous fiscal year. The NRC believes through the assessment of fees.

that it willbe able to publish an budget and amounts of fee billed and collected for FY 1996 and FY 1997, in addition to changes in 10 CFR part effective fee rule within a current fiscal 170 fees and other adjustments, the year as it has done since FY 1991.

However, as a contingency the NRC TABLE l.-CALCULATION OF THE PER- number of licensees to pay fees in FY believes the rule should be amended to CENTAGE CHANGE TO THE FY 1996 1997 has decreased compared to FY permit NRC to meet the requirements of ANNUAL FEES 1996. This decrease in the number of licensees paying fees causes annual fees OBRA-90 in the case that unforeseen (Dotta s in mconst to increase by an additional 0.8 percent.

events prevent NRC from publishing a new rule during a fiscal year. FY96 FY97 For example, the Haddam Neck power Second, the NRC proposes to amend reactor has ceased operations and the

$$ 171,15 and 171.16 to revise the Totai Budget $473.3 5476.8 fuel has been permanently removed Less NWF ........,.... -11.0 -11,0 from the reactor. Therefore, the utility annual fees for FY 1997 to recover approximately 100 percent of the FY Less General Fund will pay only a partial annual fee in FY l (Hanford Tanks) -3.5 1997, In addition, Massachusetts is 1997 budget authority,less fees j collected under to CFR part 170 and expected to become an Agreement State ee Base in FY 1997 and approximately 425 NRC l funds appropriated from the NWF and To{a pg 1705es 9 the General Fund, in the FY 1995 final licenses will be transferred to rule, the NRC stated that it would Less other receipts ' 6.0 Massachusetts. These licenses are stabilize annual fees as follows. Part 171 Fee Collec- projected to pay only one half of the Beginning in FY 1996, the NRC would tions Required ..... 341.8 366.3 annual fee.

__ _ _ __ _ _ . _ _ _ _ _ ._ m ___ __ ___ ..

8888' Federal Register / Vol. 62. No. 39 / Thursday, February 27, 1997 / Proposed Rules Third, an annual fee is proposed in assessed or to make refunds,if concerning RSO qualifications and if

$ 171.16(d), fee Category 1.E., for each necessary.This section would also be those commitments are included in the l

certificate of compliance issued to the amended to modify the annual fee amendment application then there United States Enrichment Corporation billing schedule for materials licenses would be no technical review (USEC) on November 26,1996, to terminated and new materials licenses conducted by the NRC. The NRC operate the two gaseous diffusion plants issued during the fiscal year. expects NUREG 1556 to be finalized (GDPs) located at Paducah, Kentucky The NRC will send a bill to reactors before the final fee rule becomes cnd at Piketon, Ohio. The NRC intends and major fuel cycle facilities for the effective. If not, then this proposed to assume regulatory j,unsdiction over amount of the annual fee upua change will not be included in the final the two plants from the U.S. Department publication of the FY 1997 final rule. pee reguyation.

of Energy (DOE) on March 3.1997. For these licensees, payment will be due Fourth, Footnote 1 of to CFR on the effective date of FY 1997 rule. Section 170.20 Average Cost per 171.16(d) would be amended to provide Those materials licensees whose license Professional Staff. Hour l for a waiver of annual fees for FY 1997 anniversary date during FY 1997 falls for those materials licensees, and This section would be amended to before the effective date of the final FY holders of certificates, registrations, and 1997 rule will be billed during the establish two professional staff. hour rates based on FY 1997 budgeted costs-approvals who either filed for anniversary month of the license and termination of their licenses or continue to pay annual fees at the FY one for the reactor program and one for approvals or filed for possession only/ 1996 rate in FY 1997. Those materials the nuclear material and nuclear waste storage licenses before October 1,1996. licensees whose license anniversary program. Accordingly, the NRC reactor and permanently ceased licensed date falls on or after the effective date direct staff hour rate for FY 1997 for all cctivities entirely by September 30, of the final FY 1997 rule would be activities whose fees are based on full 1996. All other licensees and approval billed, at the FY 1997 revised rates, cost under $ 170.21 would be $131 per holders who held a license or approval during the anniversary month of the hour, or $233,055 per direct FTE. The on October 1,1996, are subject to FY license and payment would be due on NRC nuclear material and nuclear waste 1997 annual fees. This change is bein8 the date of the invoice. direct staff-hour rate for all materials made in recognition of the fact that The proposed amendments to 10 CFR activities whose fees are based on full since the final FY 1996 rule was part 171 do not change the underlying cost under 9170.31 would be $125 per ublished in April 1996, some licensees basis for 10 CFR part 171; that is, hour, or $222,517 per direct FTE. The ave filed requests for termination of charging a class of licensees for NRC rates are based on the FY 1997 direct ,

their licenses or certificates wtth the costs attributable to that class of FTEs and NRC budgeted costs that are

! NRC. Other licensees have either called licensees. The p posed changes are n t recovered through the appropriatmn or finalwritten to the NRC rule became s%ce effective the FY 1996 consistent with e NRC's FY 1995 final fr m the NWF or the General Fund. The requesting rule indicating that, for the period FY NRC has continued the use of cost further clarification and information 1996-1999, the expectation is that conceming the annual fees assessed.

center concepts established in FY 1995 annual fees would be adjusted by the in allocating certain costs to the reactor The NRC is responding to these requests percentage change (plus or minus) to the and materials programs in order to more as quickly as possible. However, the NRC's budget authority adjusted for NRC was unable to respond and take closely align budgeted costs with NRC offsetting receipts and the number action on all such requests before the Specific classes of licensees. The of licensees paying annual fees.

end of the fiscal year on September 30, method used to determine the two 1996. Similar situations existed after the III.Section-by Section Analysis professional hourly rates is as follows:

FY 1991-1995 rules were published, The following analysis of those 1. Direct program FTE levels are and in those cases, the NRC provided an sections that would be amended by this identified for both the reactor program exemption from the requirement that proposed rule provides additional and the nuclear material and waste the annual fee is waived only when a explanatory information. All references Program.

license is terminated before October 1 of are to Title 10 Chapter 1 U.S. Code of 2. Direct contract support, which is each fiscal year. Federal Regulations.

Fifth, the NRC is proposing to amend the use of contract or other services in the proration provisions in $ 171.17 for Part 2 70 support of the line organization's direct reactor and materials licensees. The Section 170.11 Exemptions program,is excluded from the reactor provision in $ 171.17(a) would calculation of the hourly rate because l .

! be revised to reflect the changes in to This section would be amended t the costs for direct contract support are CFR part 50 relating to the add a new paragraphm , dicating that charged directly through the various decommissioning of power reactors amendments to matenals portable gauge categories of ges.

which became effective August 28,1996 licenses issued in accordance with 3. All other direct program costs (i.e.,

(61 FR 39278). The materials provision NUREG 1556 that change only the name of the Radiation Safety Officer (RSO) Salaries and Benefits, Travel) represent would be amended to recognize that l

licenses transferred to an Agreement would be exempt from amendment fees. "in-house" costs and are to be allocated l

State as a result of a new Agreement are This change is consistent with tho by dividing them uniformly by the total effectively terminated by the NRC, for recent Business Process Redesign (BPR) number of direct FTEs for the program.

In addition, salaries and benefits plus

, annual fee purposes, on the date that the initiative and NUREG-1556, Volume 1.

i Agreement with the State becomes issued for public comment October 3, contracts for general and administrative effective. 1996 (61 FR 51729). No amendment fees support are allocated to each program Sixth, $ 171.19 would be amended to would be assessed for the amendments based on that program's salaries and update fiscal year references and to issued in accordance with NUREG 1556 benefits. This method results in the credit the partial payments made by to portable gauge licenses because the following costs which are included in certain licensees in FY 1997 either regulatory program would include the hourly rates.

l toward their total annual fee to be commitments from the licensee l

l

8889 Federd Registir / Vol. 62 No. 39 / Thursday, February 27, 1997 / Proposed Rules TABLE ll.-FY 1997 BUDGET AUTHORITY TO BE INCLUDED IN HOURLY RATES

[DoHars in rrsthons) i Reactor pro- Matenals gram program

$155.3 548.4 Salary and Benehts _ .

42.5 13.2 Allocated Agency Management and Support 197.8 61.6 Subtotal General and Admirnstrative Support (GaA): 9.6 2.5 Program Travel and Other Support . 72.1 22.4 Allocated Agency Management and Support . '

81.7 24.9 Subtotal _ .1 Less offsetting receipts 279.4 86.5 l

• Total Budget included in Hourty Rate . 1,196.9 388.7 Program Direct FTEs 233,055 222,517 ,

-. l Rate per Direct FTE . 131 125 Profesnii i Hourty Rate . _ l I

l Dividing the $279.4 million budget for (contractual services) costsbased expended on both by the provided professionalunder hourly the schedu the reactor program by the number of the NRC. Any professional hours expended on or after the effective date rate as shown in S 170.20 for the reactor program direct FTEs (1196.9) materials program and any direct results in a rate for the reactor program of the final rule will be assessed at the FY 1997 hourly rate for the reactor program support (contractual services) of $233,055 per FTE for FY 1997.

Dividing the 586.5 million budget for program, as shown in $ 170.20. The fees costs expended by the NRC. Licensing l

the nuclear materials and nuclear waste in 6170.21 for the review of import and fees based on the average time to re an application (" flat" fees) would be program by the number of program export licensing, facility Category K, would be adjusted for FY 1997 to reflect adjusted to reflect both the revised j

direct FTEs (388.7) results in a rate of both the increase in the hourly rate and average professional staff hours needed

> $222,517 per FTE for FY 1997. The to process a licensing action (new Direct FTE Hourly Rate for .he reactor the revised average professional staff l hours needed to process certain types of license and amendment) and the

' program would be S131 per hour Increase in the professional hourly rate licensing actions.

(rounded to the nearest whole dollar). For those applications currently on from 5120 per hour in FY 1996 to $125 This rate is calculated by dividing the cost per direct FTE (S233,055) by the file and pending completion, footno*e 2 per hour in FY 1997.

As previously indicated, the CFO Act number of productive hours in one year of 6170.21 would be revised to provide requires that the NRC conduct a i

(1776 hours0.0206 days <br />0.493 hours <br />0.00294 weeks <br />6.75768e-4 months <br />) as indicated in the revised that professional hours expended up to biennial review of fees and other l' OMB Circular A-76," Performance of the effective date of the final rule will charges imposed by the agency for its Commercial Activities." The Direct FTE be assessed at the professional rates in services and revise those charges to Hourly Rate for the materials program effect at the time the service was reflect the costs incurred in providing l

would be 5125 per hour (rounded to the rendered. For topical report applicatiens the services. Consistent with the CFO

! currently on file that are still pending nearest whole dollar). This rate is completion of the review, and for which Act requirement, the NRC has l calculated by dividing the cost per completed its most recent review of direct FTE ($222.517) by the number of review costs have reached the license fees assessed by the agency. The l

l productive hours in one year (1776 applicable fee ceiling established by the review focused on the flat fees that are l

hours).The FY 1997 rate is slightly July 2.1990 rule, the costs incurred after charged to nuclear materials users for

! higher than the FY 1996 rate due in part any applicable ceiling was reached licensing actions (new licenses and to the Federal pay raise given to all through August 8.1991, will not be billed to the applicant. Any profession.al amendments). The full cost license and Federal employees in January 1996. hours expended for the review of topical inspection fees (e.g., for fuel cycle Section 170.21 Schedule of Fees for facilities) and annual fees were not l report applications, amendments, included in this biennial review because

! reviSi n8 I SUPPl ements to a topical Production Review of Standard andReference UtilizationDesiErFacilities [

report on or after August 9,1991, are the hourly rate for full cost fees and the

. annual fees are reviewed and updated pecuons assessed at the applicable rate annually in order to recover 100 percent an7 P rt an Export Li nses established by $ 170.20.

The NRC is propo' sing to revise the of To thedetermine NRC budget the authority, licensing flat fees Section 170.31 Schedule of Fees for licensing and inspection fees in this Materials Licenses and Other Regulatory for materials licensees and applicants, section, which are based on full-cost Services,includm, g Inspections and the NRC uses historical data to recovery, to reflect FY 1997 budgeted import and Export Licenses determine the average number of costs and to recover costs incurred by professional hours required to perform a The licensing and inspection fees in the NRC in providing licensing and licensing action for each license this section, which are based on full-inspection services to identifiable category.These average hours are cost recovery, would be modified to recipients.The fees assessed for services recover the FY 1997 costs incurred bymultiplied by the proposed materials provided under the schedule are based program profes:,lonal hourly rate of

the NRC in providing licensir.g and i on the professional hourly rate, as $125 per hour for FY 1997. The review shown in $ 170.20, for the reactor inspection services to identifiable program and any direct program support recipients. The fees assessed for services indicated that l

l

8890' Fedtral Regist:r / Vol 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules fee-bearing. It is noted that the NRC adjustment to the annual fees using this modify the average number of hours on method occurred in FY 1996 when all  ;

which the current licensing flat fees are plans to infonn reactor licensees in the annual fees were decreased 6.5 percent )

based in order to recover the cost of near future that their submittals under providing licensing services. The $ 50.54(a),(p) and (q) should not ask for below the FY 1995 annual fees. The activities comprising the base FY 1995 average number of hours required for pre-implementation reviews;instead, annual fee and the FY 1995 additional l licensing actions was last reviewed and licensees are required to perform their charge (surcharge) are listed in ,

modified in 1995 (60 FR 32218; June 20, analyses, implement their changes (if the analyses show that the changes do paragraphs (b) and (c) for convenience 1995). Thus the revised hours used to purposes.  ;

determine the proposed fees for FY 1997 not degrade plans the NRC has already With respect to Big Rock Point, a reflect the changes in the licensing approved), and make their mbmittals smaller, older reactor, the NRC proposes program that have occurred since that under the relevant subsection of S 50.54. to grant a partial exemption from the FY time. For new licenses, the proposed The NRC will then verify that the 1997 annual fees similar to FY 1996 fess for FY 1997 are increased in changes are in comp!!ance with $ 50.54 based on a request filed with the NRC approximately 70 percent of the fee Part 171 in accordance with 5171.11.

categories, while the proposed fees for Each operating power reactor, except amendments have increased in over 60 Section 171.13 Notice Big Rock Point, would pay an annual fee percent of the fee categories.

The language in this section would be of $2,972,000 in FY 1997.

The " flat" fees in S 170.31 for the revised to indicate that in the unlikely Paragraph (e) would be revised to review ofimport and export licensing event the NRC is unable to publish a fee show the amount of the FY 1997 annual applications have increased from FY rule with an effective date within the fee for nonpower (test and research) 1996 as a result of the increase in the current fiscal year, then the NRC would reactors. In FY 1997, the proposed fee hourly rate and the results of the c ntinue to assess fees at the same rates of $57,200 is 8.2 percent above the FY biennial review. The proposed licensing as the previous fiscal year. The NRC 1996 level.The NRC will continue to

" flat" fees are applicable to fee believes that it will be able to publish grant exemptions from the annual fee to categories 1.C and 1.D; 2.B and 2.C; 3.A Federally-owned and State-owned an effective fee rule within a current l through 3.P; 4.B through 9 D,10.B,15.A fiscal year as it has done since FY 1991 research and test reactors that meet the through 15.E and 16. Applications filed when 100 percent fee recovery was exemption criteria specified in on or after the effective date of the final initiated. However, the possibility exists S 171.11(a)(2).

rule would be subject to the fees in this that the NRC might be unable to Paragraph (f) would be revised to proposed rule. establish few for a current fiscal year change fiscal year date references.

, The amounts of the materials licensing " flat" fees were rounded off so through the notice and comment Section 171.16 Annual Fees: Materials Process. Therefore, as a contingency Licensees, liolders of Certificates of that the amounts would be de minimis and the resulting flat fee would be plan for meeting the requirement of Compliance, Holders of Sealed Source OBRA-90, the NRC is proposing to .e 'st t ons o dets of convenient to the user. Fees that are greater than $1,000 but are less than amend S 171.13 to indicate that if the gd, eP p g ,}

$100,000 are rounded to the nearest NRC is unable to promulgate a final fee and Government Agencies Licensed by rule within a current fiscal year, then the NRC

$100. Fees that are greater than 5100,000 are rounded to the nearest fees would continue to be assessed at the same rates as the previous fiscal Section 171.16(c) covers the fees

$1,000. Fees under $1,000 are rounded assessad for those licensees that can to the nearest $10. year. The NRC will continue to work For those licensing. Inspection, and diligently to publish the fee rules at the qualify as small entities under NRC size earliest possible time during the fiscal standards. The NRC will continue to review fees that are based on full-cost assess two fees for licensees that qualify recovery (cost for professional staff year. **

hours plus any contractual services) 'he Section 171 15 Annual Fee: Reactor standards. In general, licensees with materials program hourly rate of $125, Operating 1.icenses gross annual receipts of $350,000 to 55 as shown in $ 170.20, would apply to The annual fees in this section would million pay a maximum fee of $1,600.

those professional staff hours expended A second or lower tier small entity fee on or after the effective date of the final be revised as described below.

Paragraphs (a), (b) (c) (1), (c)(2), (e), and of $400 is in place for small entities rule.

In addition to the above rule changes, (f) would be revised to comply with$350,000 the withandgross annual receipts of less than small govemmental the NRC is clarifying how it would requirement of OBRA-90 that the NRC recover the costs of post- recover approximately 100 percent of its jurisdictions with a population of less than 20,000. No change in the amount implementation reviews of changes budget for FY 1997.

Paragraph (b) would be revised in its of the small entity fees is being licensees make without prior NRC review; for example, changes under entirety to establish the FY 1997 annual proposed because the small entity fees are not based on the budget but are SS 50.54,50.59 and 70.32. The NRC is fee for operating power reactors and to i

change fiscal year references from FY established at a level to reduce the announcing here that licensees would impact of fees on small entities. The 1996 to FY 1997. The fees would be l be billed for post. implementation small entity fees are shown in the reviews of these changes under established by increasing FY 1996 annual fees (prior to rounding) by 8.2 proposed rule for convenience. A SS 170.21 and 170.31, beginning with materials licensee may pay a reduced the effective date of the FY 1997 final percent. In the FY 1995 final rule, the annual fee if the licensee qualifles as a fee rule. There will be no change in how NRC stated it would stabilize annual

' fees are assessed for any pre. fees by adjusting the annual fees only by small entity under the NRC's size the percentage change (plus or minus) standards and certifies that it is a small intplementation interactions including entity using NRC Form 526.

in NRC's total budget authority and i any review prior to licensee Section 171.16(d) would be revised a submissions, between the NRC and edjustments based on changes in 10 CFR establish the FY 1997 annual fees for licensees. As in the past, any pre- part 170 fees as well as in the number materials licensees, including implementation interaction will not be of licensees paying the fees. The first

-= - -. - ._ - - . . - - - - - --- - - - - .--

l hderal Register / Vol. 62 No. 39 / Thursday. February 27, 1997 / Proposed Rules 8891 l Government agencies, licensed by the MATER:ALS LICENSES ANNUAL FEE effective date of the Agreemrat with NRC. These fees were determined by RANGES-Continued Massachusetts.

' increasing the FY 1996 annual fees _.

New licenses issued during FY 1997 (prior to rounding) by 8.2 percent. Category of heense Annual fees would receive a prorated annual fee in l

prorat on In addition, an annual fee is proposed Part 72Wndependent 282,000. y dion jvith he curre in S 171.16(d), fee Category 1.E., for each those new materials licenses issued l Storage Fuel- of Spent Nu f Certificate of Compliance irued to the clear during the per'od October 1 through USEC on November 26,1996, to operet ' Excludes the annual fee for a few rnWtary March 31 of the FY will be assessed j the two gaseous diffusion plants (GDPs) ,' master" materials licenses of broad-scope is- one-half the annual fee in effect on the

located at Paducah, Kentucky, and at sued to Govemment agencies, which is anniversary date of the licensi New l Piketon, Ohio. The NRC announced its S420,000. materials licenses issued on or after l intent to issue the compliance Footnote 1 of 10 CFR 171.16(d) would April 1,1997, will not be assessed an certificates to USEC on September 19, annual fee for FY 1997. Thereafter, the be amended to provide a waiver of the i 1996 (61 FR 49360). The NRC intends to annual fees for materials licensees, and full annual fee is due and payable each assume regulatory jurisdiction over the holders of certificates, registrations, and subsequent fiscal year on the two plants from DOE on March 3.1997. approvals, who either filed for anniversary date of the license.

Because the two plants have been termination of their licenses or Beginning June it.1996 (the effective certified in FY 1997, the NRC is date of the FY 1996 final rule), affected approvals or filed for possession only/ ,

materials licensees will be subject to the l l proposing to establish an annual fee of storage only licenses before October 1 annual fee in effect on the anniversary j S2,600,000 for each of these two 1996, and permanently ceased licensed activities entirely by September 30, date of the license. Aflected licensees facilities. The NRC methodology for who are not sure of the anniversary date determining annual fees for major fuel 1996. All other licensees and approval ,

holders who held a license or approval of thetr matenals license should check i facilities was explained in the FY 1995 final fee rule published in the Federal on October 1,1996, are subject to the FY the on,gmal issue date of the license.

Register on June 20,1995 (60 FR 32234). 1997 annual fees. Section 171.19 Payment As indicated in the Federal Register, the Section 171.17 Proration Paragraph (b) would be revised to give methodology can be applied to credit for partial payments made by i determine annual fees for new licenses The NRC is proposing to amend the certain licensees in FY 1997 towaNI or certificates. The NRC has applied the pr ration provisions m S 171,17 for their FY 1997 annual fees. The NRC methodology to the USEC facilities and anticipates that the first, second, and reactor and materials licenses'third has concluded that the relative weighted Paragraph (a) would be amende d t quarterly payments for FY 1997 i

mnect the changes.m to CFR part 50 will have been made by operating power safety and safeguards factors for these ,

relatmg to the decommissiomng of . reactor licensees and some large facilities is similar to a high enriched p wr reactors which became effective uranium facility. Therefore, the NRC is materials licensees before the final rule August 28,1996 (61 FR 39278). Reactor becomes efrective. Therefore, the NRC proposing to establish the annual fee for """"" * * * " " E"#" n w uld redit payments received for each USEC uranium enrichment facility "' 2 th "

at $2.600,000, the same as that for a high pon ke ing o the c rt f tions for var al nnual to be entit.nment facility (fee category permanent cessation of operations and assessed.The NRC would adjust the l.A.(1)(a)). Because the certificatm, ns permanent removal of fuei from the fourth quarterly bill to recover the full would be in effect for the last six reactor vessel or when a finallegally amount of the revised annual fee or to months of FY 1997, the NRC would effective order to permanently cease make refunds, as necessary. Payment of assess one-half of the annual fee or operations has come into effect, the 10 the annual fee is due on the date of the

$1,300,000 to USEC for each certificate CFR Part 50 license no longer authorizes invoice and interest accrues from the for the last half of FY 1997. operation of the reactor or emplacement invoice date. However, interest will be The amount or range of the FY 1997 or retention of fuelinto the reactor waived if payment is received within 30 annual fees for all materials licensees is vessel. Previously the proration of days from the invoice date reactor annual fees was based on the Paragraph (c) would be revised to summarized as follows: date of issuance of the possession only update fiscal year references. Paragraph license (POL). (d) would be revised to modify the MATERIALS LICENSES ANNUAL FEE Paragraph (b) would be amended to billing schedule for terminated RANGES recognize that materials licenses materials licenses and new materials transferred to a new Agreement State are licenses. Licenses subject to the annual Category of license Annual fees fee that are terminated during the fiscal considered terminated by the NRC for Part 70-High ennched $2,600,000. annual fee purposes, on the date that the year but prior to the anniversary month fuel facety. Agreement with the State becomes of the license will be billed upon Part 70-t.ow enriched 1,276,000. effective. The State of Massachusetts is termination for the fee in effect at the fuel facmty. expected to become an Agreement State time of the billing. New licenses subject Part 40-UF6 conver- 647,000. in FY 1997 and approximately 425 to the ammal fee will be billed in the sion facety. licenses will be transferred to the State month the license is issued or in the i Part 40-Uranium re- 22,300 to 61,600. on the effective date of the Agreement. next available monthly billing for the covery facihtres. The NRC would assess the annual fees fee in effect on the anniversary date of Part 30-Byproduct Ma- 490 to 23,5001.' for those licenses being transferrul to the licei.se. Thereafter, annual fees for terial Ucenses. the State of Massachusetts using the new licenses will be assessed in the I

Part 71-Transportion 1,000 to 78.700. current proration provisions of annivers month of the lit ense.

l

, of Radioactive Mate. S 171.17(b) whereby the licenses would As in F 1996, the NRC would

"*' be considered terminated on the continue to bill annual fees for most

8892 Fed:ral Registir / Vol. 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules materials licenses on the anniversary INTERNET:SECYGNRC.COV. If you contact FEDWORLD using date of the license (licensees whose Comments may also be submitted Telnet, you will see the NRC area and annual fees are $100,000 or more will electronically,in either ASCtl text or menus, including the " Rules Menu."

continue to be assessed quarterly). The Wordperfect format (version 5.1 or Although you will be able to download later),by calling the NRC Electronic documents and leave messages, you will annual fee assessed will be the fee in effect on the license anniversary date. Rulemaking Bulletin Board (BBS) on not be able to write comments or upload This proposed rule applies to ' hose FEDWORLD. files, if you contact FEDWORLD using materials licenses in the following fee The BBS is an electronic information File Transfer Program (FTP), a!! files can {

be accessed and downloaded, but i categories: 1.C. and 1.D.: 2.A.(2) through system operated by the National uploads are not allowed, and all you l 2.C.: 3.A. through 3.P.; 4.A. through TechnicalInformation Service of the 9.D., and 10.B. For annual fee purposes, Department of Commerce. The purpose will see is a list of files without the anniversary date of the materials of this BBS is to facilitate public descriptions (normal Gopher look). An license is considered to be the first day participation in the NRC regulatory index file listing all files within a of the month in which the original process, particularly rulemakings This subdirectory, with descriptions, is materials license was issued. For proposed rulemaking is available for available. There is a 15-minute time l example, if the original materials license review and comment on the BBS. The limit for FTP access.

was issued on June 17 then, for annual BBS may be accessed using a personal Although FEDWORLD can be 4 fee purposes, the anniversary date of the computer, a modem, and one of the accessed thrt ugh the World Wide Web l commonly available communications as well, like FTP, that mode only i materials license is June 1 and the licensee would continue to be billed in software packages, or directly via the provides access for downloading files June of each year for the annual fee in Internet. and does not display the NRC " Rules The NRC rulemaking bulletin board Menu."

effect on June 1. Materials licensees with anniversary dates in FY 1997 (rulemaking subsystem) on FEDWORLD For more information on NRC bulletin can be accessed directly by using a boards call Mr. Arthur Davis, Systems before the effective date of the FY 1997 final rule will be billed during the personal computer and modem, and Integration and Development Branch,

• anniversary month of the license and dialing the toll free number 1--800-303- U.S. Nuclear Regulatory Commission, continue to pay annual fees at the FY 9672. Warhington, DC 20555, telephone 301-Communication software parameters 415- 5780; e-mail AXD3@nrc. goo 1996 rate in FY 1997. Those materials licensees with license anniversary dates should be set as follows: parity to none, V. Lavire:,nmental Impact: Categorical falling on or after the effective date of data bits to 8, and stop bits to 1 (N,8,1).

Using ANSIor VT-100 terminal Exclus4n the FY 1997 final rule would be billed, at the FY 1997 revised rates, during emulation, the NRC rulemaking Tht. NRC has determined that this their anniversary month of their license subsystem can then be accessed by proposed rule is the type of action and payment would be due on the date selecting the " Rules Menu" option from described in categorical exclusion to the "NRC Main Menu." For further CFR 51.22(c)(1). Therefore, neither an of theinvoice, During the past six years many information about options available for environmental impact statement nor an licensees have indicated that, although NRC at FEDWORLD consult the " Help / environmental impact assessment has they held a valid NRC license Information Center" from the "NRC been prepared for the proposed authorizing the possession and use of Main Menu." Users will find the regulation. By its very nature, this special nuclear, source, or byproduct "FEDWORLD Online User's Guides" regulatory action does not affect the particularly helpful. environment, and therefore, no material, they were either not using the material to conduct operations or had The NRC subsystem on FEDWORLD environmental justice issues are raised.

also can be accessed by a direct dial disposed of the material and no longer i needed the license. In response, the phone number for the main FEDWORLD VI. Paperwork Reduct,on Act Statement NRC has consistently stated that annual BBS at 703-321-3339, or by using Telnet via Internec fedworld. gov, Using This proposed rule contains no l fees are assessed based on whether a the 703 number to contact FEDWORLD, information collection requirements licensee holds a valid NRC license that and, therefore, is not subject to the authorizes possession and use of the NRC subsystem will be accessed from the main FEDWORLD menu by requirements of the Paperwork radioactive material. Whether or not a licensee is actually conducting selecting the " Regulatory, Government Reduction Act of 1995 (44 U.S.C. 350 t Administration and State Systems," et seq.).

operations using the materialis a matter then selecting " Regulatory Information of licensee discretion. The NRC cannot Vil, Regulatory Analysis Mall." At that point, a menu will be control whether a licensee elects to With respect to 10 CFR part 170, this possess and use radioactive material displayed that has the option "U.S.

Nuclear Regulatory Commission" that proposed rule was developed pursuant once it receives a license from the NRC, to Title V of the ladependent Offices Therefore, the NRC reemphasizes that will take you to the NRC Online main the annual fee will be assessed based on menu.The NRC Online area also can be Appropriation Act of 1952 (IOAA)(31 accessed directly by typing "/go nrc" at U.S.C. 9701) and the Commission's fee whether a licensee holds a valid NRC a FEDWORLD command line. If you guidelines. When developing these license that authorizes possession and guidelines the Commission took into use of radioactive material.To remove access NRC from FEDWORLD's main menu, you may return to FEDWORLD account guidance provided by the U.S.

any uncertainty, the NRC issued minor Supreme Court on March 4,1974, in its clarifying amendments to 10 CFR by selecting the " Return to FEDWORLD" option from the NRC decision of National Cable Television i 171.16, footnotes 1 and 7 on July 20, Association, Inc. v. United States, 415

~

Online Main Menu. Ilowever, if you 1993 (58 FR 38700). access NRC at FC3WORLD by using U.S. 36 (1974) and Federal Power IV, Electronic Access NRC's toll-free number, you will have Commission v. New England Power Comments on the proposed rule may full access to all NRC systems, but you Company,415 U.S. 345 (1974). In these decisions, the Court held that the IOAA be submitted through the Internet by will not have access to the main FEDWORLD system. authorizes an agency to charge fees for 4

addressing electronic mail to

--- -- -. - .-- - -.-- .- - - ~ .-- -- ~ - . - .

Federal Register / Vol. 62 No. 39 / Thursday, February 27, 1997 / Proposed Rules 8893 es of Compliance, document) is the small entity special benefits rendered to identifiable holders of Cert persons measured by the "value to the registrations of scaled source and compliance guide for FY 1997.

recipient" of the agency service. The devices and QA program opprovals, and IX Backfit Analys.is meaning of the IOAA was further Government azencies. OBRA-90 and the clarified on December 16,1976, by four Conference Committee 3eport The NRC has determined that the backfit rule,10 CFR 50.109, does not decisions of the U.S. Court of Appeals for the District of Columbia: National sp(ecifically stato that-1) The annual apply fees beproposed to this based on rulethe and that a Cable Television Associntion v. Federal Commission's FY 1997 budget of $476.8 back' fit analysis is not required for this Communications Commission,554 F.2d million less the amounts collected from proposed rule. The backfit analysis '

1094 (D.C. Cir.1976); Nntional Part 170 fees and the funds directly not required because these proposed Association of Broadcasters v. Federal appropriated from the NWF to cover the amendments do not require the Communications Commission,554 F.2d NRC's high level waste program and the modification of or additions to systems, 1118 (D.C. Cir.1976); Electronic general fund related to commercial structures, components, or the design of Industries Association v. Federal vitnfication of waste at the Department a facility or the design approval or Communications Commission,554 F.2d of Energy Hanford, Washington site. manufacturing license for a facility or 1109 (D.C. Cir.1976) and Capital Cities (2) The annual fees shall, to the the procedures or organization required Communication Inc. v. Federal maximum extent practicable, have a to design, construct or operate a facil;ty.

Communications Commission,554 F.2d reasonable relationship to the cost of List of subjects 1135 (D.C. Cir.1976). These decisions of regulatory services provided by the Commission; and 10 CFR Part 170 the Courts enabled the Commission to develop fee guidelines that are still used (3) The annual fees be assessed to Byproduct maten,al, import and those licensees the Commission, in its for cost recovery and fee development export licenses. Intergovernmental discretion, determines can fairly, purposes, relations, Non payment penaities, The Commission's fee guidelines were equitably, and practicably contribute to Nuclear materials, Nuclear, power plants upheld on August 24,1979,by the U.S. their payment. and reactors, Source matenal, Special 10 CFR Part 171, which established Court of Appeals for the Fifth Circuit in Mississippi Power and Light Co. v. U.S. annual fees for operating power reactors nuclear material Nuclear Regulatory Commission. 601 effective October 20,1986 (51 FR 33224; to CFR Part !71 F.2d 223 (5th Cir.1979), cert. denied. September 18,1986), was challenged Annual charges, Byproduct mawrial, 444 U.S.1102 (1980). The Court held and upheld in its entirety in Florida Holdere of certificates, registrations.

l Power and Light Company v. United that-States. 846 F.2d 765 (D.C. Cir.1988), app ovals, intergovernmental relations.

(1)The NRC had the author tv to cerf. denied,490 U.S.1045 (1989). Non-payment penalties, Nuclear recover the full cost of providin'g materials, Nuclear power plants and services to identifiable beneficiaries; The NRC's FY 1991 annual fee rule reactors, Source material, Special (2)The NRC could properly assess a was largely upheld by the D.C. Circuit Court of Appeals in Allied Signal v. nuclear material

! fee for the costs of providing routine NRC,988 F.2d 146 (D.C. Cir.1993). For the reasons set out in the inspections necessary to ensure a Preamble and under the authority of the licensee's compliance with the Atomic

! Vllt. Regulatory Flexibility Analysis Atomic Energy Act of 1954, as amended, Energy Act and with applicable The NRC is required by the Omnibus and 5 U.S.C. 553, the NRC is proposmg regulations: Budget Reconciliation Act of 1990 t to adopt the following amendments to (3) The NRC could charge for costs incurred in conducting environmantal recover approximately 100 percent ofits to CFR parts 170 and 171. ,

budget authority through the assessment I reviews required by NEPA: of user fees. OBRA-90 further requires PART 17bFEES FOR FACILITIES, l (4) The NRC properly included the MATERIALS, IMPORT AND EXPORT costs of uncontested hearings and of that the NRC establish a schedule of l cnarges that fairly and equitably LICENSES, AND OTHER I administrative and technical support services in the fee schedule; allocates the aggregate amount of these REGULATORY SERVICES UNDER THE charges among licensees. .

ATOMIC ENERGY ACT OF 1954, AS

! (5)The NRC could assess a fee for AMENDED renewing a license to operate a low. This proposed rule establishes the level radioactive waste burial site; and schedules of fees that are necessary to

1. The authority citation for part 170 (6) The NRC's fees were not arbitrary implement the Congressional mandate l for FY 1997. The proposed rule results continues to read as follows:

( or capricious. Authority: 31 U.S C. 9701,96 Stat.1051, With respect to 10 CFR part 171, on in an increase in the annual fees l sec. 301, Pub. L 92-314,86 Stat. 222 (42 November 5,1990, the Congress passed charged to all licensees, and holders of Public law 101-508, the Omnibus certificates, registrations, and approvals. U.S.C. 2201wh sec. 201. Pub. L 93-438t 88 Stat.1242.as amended (42 U.S.C. 584n sec.

Budget Reconciliation Act of 1990 The Regulatory Flexibility Analysis,

~ 205, Pub. L 101-576,104 Stat. 2842,131 (OBRA-90) which required that for FYs prepared in accordance with 5 U.S.C. U.S C. 90tl.

1991 through 1995, approximately 100 604,isincluded as Appendix A to this proposed rule. The Small Business 2. In 5170.11, paragraph (a)(1 t) is percent of the NRC budget authority be recovered through the assessment of Regulatory Enforcement Fairness Act of added to read as follows:

fees. OBRA-90 was amended in 1993 to 1996 (SBREFm was signed into law on 9 170.11 Exemptions.

extend the 100 percent fee recovery March 29,1996.The SBREFA requires all Federal agencies to prepare a written (a) * *

• requirement for NRC through FY 1998. (11) Materials portable gauge licenses To accomplish this statutory compliance guide for each rule for 3

which the agency is rmtuired by 5 U.S.C. Issued in accordance with NUREG- 1556 requirement, the NRC, in accordance that are amended to change only the with $ 171.13, is publishing the 604 to prepare a regulatory flexibility name of the Radiation Safety Officer.

i proposed amount of the FY 1997 annual analysis. Therefore, in compliance with This exemption does not apply to fees for operating reactor licensees, fuel the law, Attachment I to the Regulatory cycle licensees, materials licensees, and Flexibility Analysis (Appendix A to this materials portable gauge lic l

i l

l I

l 8894 Fedtrd Register / Vol. 62, No. 39 / Thursday, February 27, 1997 i Proposed Rules l

or in>pection will be calculated using 5 '70.21 Scheduls of fess for production also authorize possession and use of and ut Hzation facilities, review of standard j nuclear Inaterials for other activities the following applicab!e professional referenced design approvals, special l

• * * *

• staff hout rates: pr lects, inspections and import and export l

3. Section 170.20 is revised to read as licenses.

follows: Applicants for construction permits, f l

$ 170.20 Average cost par pro'Msional Reactor Prgram 3 170 21 Ac- 5131 per manufacturing licenses, operating staff hour, tivi:ies), hour. licenses import and export licenses, Nuclear Matenals and Nuclear 125 per approvals of facility standard reference Fees for permits, licenses, Waste Pmram ($ 170.31 Ac- houn designs, requalification and replacement amendments, renewals, special projects, examinations for reactor operators, and tiviti'81-i part 55 requalification and replacement examinations and tests, other required 8pecial projects and holders of 4, In S 170.21, the introductory text, construction permits, licenses, and reviews, approvals, and inspections Category K, and footnotes 1 and 2 to the ther approvals shall pay fees for the under $9170.21 and 170.31 that are & m mised m md n Mon following categories of services.

based upon the full costs for the review SCHEDULE OF FACIUTY FEES I j

(see footnotes at end of table)

I Fees' a Facility categories and type of fees 1 K. Import and export licenses:

Licenses for the import and export only of production and utih2ation facilities or the export only of components for produc-tion and utilization facilities issued pursuant to 10 CFR part 110:

l

1. Apphcaton for irnport or export of reactors and other facil! ties and exports of components which must be reviewed i

I by the Commissoners and the Executive Branch, for example, actions under 10 CFR 110.40(b); S8,100 Applicatiort--ne v license . $8,100

( Amendment , - ._ . . . .

l

2. Application for export of reactor and other components requiring Executive Branch review only, for example, those actions under 10 CFR 110.41(a) (IH8): S5 000

! Applicatiownew license . $5.000

Amendment . .. . . . . ..

l 3. Appbcation for export of components requinng foreign government assurances only: S2,900 Appicatiormw license . .......m $2.900 Arnendment . _ _ . _

l 4. Appiscation for export of facility components and equipment not requinng Commissioner review, Executive Branch-review, or foreign govemment assurances: S1,300 l

Appicatiord-new license . ___

$1,300 Amendment -_ . . _ _ .

5. Minor amendment of any export or import Icense to extend the expiration date, change domestic informaton, or rnake other revisions whch do not require in-depth analysis or revie u- $100 Amendment .. . . ,

l

• Fees will not be charged for orders issued by the Commission pursuant to $2.202 of this chapter or for amendments resulting specifica from the requirements of these types of Commission orders. Fees will be charged for approva!s and any other issued under sections now aorspecific hereafterexemption in pr the Commisson's regulations under Title 10 of the Code of Federal Regulatons (e.g., $$ 50.12,73.5) effect regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or oth for licenses in this schedule that are initially issued for less than full power are based on review througn the issuance of a full power license fgenerally full power is considered 100 percent of the facihty's full rated power). Thus, if a hcens license will be determined through that penod when authonty is granted for full power operation. If a situaten arises in when the Commissio termines that full operating power for a particular facihty should be less then 100 percent of full rated power, the total costs for the lic at that determined lower operating power level and not at the 100 percent capacity.

a Full cost fees will be determined based on the professional staff time and appropnate contractual support services expended. For app currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours e

( review of the application up to the effective date of the final rule will be determined at the professional rates in effect at the time the s i

provided. For those apphcations currently on file for which review costs 30,1939, have reached will be as-29,1989, will not be billed to the apphcant. Any professonaf staff-hours expended above those ceshngs on or after January sessed at the applicable rates estabbshed by $ 170.20, as appropriate, except fcr topcal reports whose costs exceed $50,000. Cost 30,1989.

ceed $50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January through August 8,1991, will not t'e billed to the apphcant. Any professiona! hours expended on or after August 9,1991, will be a applicable rate established in $ 170.20. In no event will the total review costs be less than twice the hourty rate shown in 6170.20.

l licenses shall pay fees fur the following

5. Section 170.31 is revised to read as $licenses 170.31and Schedule of fees for other regulatory materials categories of services. This schedule services.

follows: including inspections, and import and includes fees for health and safety and

• • E *"**** safeguards inspections where Applicants fur materials licenses, applicable.

l' import and export licenses, and other regulatory services and holders of materials licenses, or import and export i

l l

l L

I Federal Regist:r / Vol. 62 No. 39 / Thursday, February 27, 1997 / Proposed Rules 8895 SCHEDULE OF MATERIALS FEES l

[See footnotes at end of table)

Category of inatenals licenses and type of fees ' l Fee 23 l 1, Speoal nuclear matenal:

j A. License for possession and use of 200 grams or more of piu'orwum in unsealed form or F0 grams or more of cord tained U-235 in unsewed form or 200 grams or more of U-233 in unsealed form. This includes applicatans to terminate l licenses as well as licenses authorizing possession only:

l License, Renewal, Amendment Full Cost.

! Inspections . . . . . _. Full Cost.

8. Licenses for receipt and storage of spent fuel at an independent-spent fuel storage installation (ISFSI):

l License, Renewal, Amendment Full Cost.

l Inspections - ..._ .. . . _ . _ . .. Fulf Cost.

C. Licenses for possession and use of special nuclear matenal in sealed sources contained in devices used in industrial rneasunng systems, including x-ray fluorescence analyzers:4 Application--New license . $580.

Amendment .m . S390.

D. All other special nuclear rnaterial licenses, except licenses authorizing special nuclear material in unsealed form in com-i bination that would constitute a entical quantity, as defined in 6150.11 of this chapter, for which the licensee shall pay the same fees as those for Category 1 A:*

Application-New license . $780.

Arnendment . . $300 E. Licenses or certifcates for construction and operation of a uranium enrichment facility Application .

$125,000.

License, Renewal, Amendment Full Cost.

Inspections . Full Cost.

2. Source materlat A. (1) Licenses for possession anr1 use of source material in recovery operations such as mitting. in-situ leaching, heap-leaching, refining Jranium mill concentrates to uranium hexafluonde, ore buying stations, ion exchange facilities and in processing of ores containing source matenal for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste matenal (tailings) from source material recovery cperations, as well as li-censes authorizing the possession and maintenance of a facility in a standby mode:

License, Renewal, Amendment . Full Cost.

Inspections _ .

.. Full Cost.

(2) Licenses that authorize the receipt of byproduct material, as defined in section 11e(2) of the Atomic Energy Act, from other persons for possession and disposal except those licenses subject to fees in Category 2.A (1)

License, renewal, amendment . Full Cost.

Inspections .. _.. . __ _ _ . ..

Full Cost.

(3) Licenses that authorize the receipt of byproduct material, as defined in section 11e(2) of the Atomic Energy Act, from y other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the li-consee's rnilling operations, except those licenses subject to the fees in Category 2.A.(1)

License, renewal, amendment . Full Cost.

Inspections Full Cost.

B. Licenses which authorize the possession, use and/or installation of source material fur shielding: l ApplicatiorwNew license , St30.

Amendment . _. $290. I C. All other source materiallicenses: l Apphcatior>New Icense . $3.700.

Amendment _ $580.

3. Byproduct materiah A. Licenses of broad scope for possession and use of byproduct matenal issued pursuant to parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distnbution:

ApplicatiorwNew license . . . - $3.900.

Amendment _ __..

S550.

B. Other licenses for possession and use of byproduct material issued pursuant to Part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distnbution:

ApplicatiorwNew icense . $1,600.

Amendment . . ..

$580.

C, Licenses issued pursuant to $$32.72,32.73, and/or 32.74 of this chapter alfhonzing the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions wnose processing or manufacturing is exempt under 10 CFR 170.11(a)(4). These licenses are covered by fee Category 3D ApplicatiorwNew license - $7,100.

Arnendment _ .. ... $850.

D. Licenses and approvals issued pursuant to $$32.72,32.73, and/or 32.74 of this chapter authorizing distnbution or redis-tribution of radiopharmaceuticals, generators, reagent kits and/or sources or device; not involving processing of byprod-uct material This category includes licenses issued pursuant to $$ 32.72,32.73, and/or 32.74 to nonprofit educational in-I stitutions whose processing or manufacturing is exernpt under 10 CFR 170.11(a)(4)

ApplicatKirwNew Icense - $2,000.

l Amendment , . . _ __

$440.

E. Licenses for possession and use of byproduct mattnic in sealed sources for irradiation of materials in which the source is not rernoved from its shield (self-shielded units):

ApplicatiorwNew license . $1,100.

i Arnendment $390.

8896' Fed:rtl Registzr / Vol. 62. No. 39 / Thursday, February 27, 1997 / Proposed Rules SCHEDULE OF MATERIALS FEES-Continued (See footnotes at end of tablel Category of matenals licenses and type of fees

• Feea3 F. Licenses for possession and use of less than 10,000 cunes of byproduct matenalin sealed sources for irradation of ma-tenals in which the smrce is exposed for irradiation purposes. This category also includes underwater irradiators for irra-diation of matenals where the source is not exposed for irradiation purposes 32,000 Applicatior>-New fcense .

$450.

Amendment . .

G. Licenses for possession and use of 10,000 cunes or more of byproduct matenal in sealed sources for irradiation of ma-terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra-l i

diation of materials where the source is not exposed for irradiation purposes $4,700.

I AppicatiorHNew license - $760.

Amendment -

H. Licenses issued pursuant to subpart A of part 32 of this chapter to distribute items containing byproduct material that re-quire device review to persons exempt from the licensing requirements of Part 30 of this chapter, except specific licenses 1 authorizing redstnbution of items that have been authonzed for distribution to persons exempt from the licensing require-l ments of pr % nf this chapter: $2.800.

( ApplicatioW !aw Icense $1,000 l Arnendmer,!

L Licenses issa pursuant to subpart A of part 32 of this chapter to distnbute items containing byproduct material or quan-l tities of bypre et material that do not require device evaluation to persons exempt from the hcensing requirements of l

part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for dis-L tribution to persons exempt from the Icensing requirements of part 30 of this chapter: $4,500.  ;

l ApplicatiorsNew license . $1,100.

Amendment -

[

J. Licenses issued pursuant to subpart B of part 32 of this chapter to distribute items containing byproduct matenal that re-j quire sealed source and/or device review to persons generally licensed ender part 31 of this chapter, except specific li-r censes authorizing redistribution of items that have been authorized for oistnbution to persons generally licensed under part 31 of this chapter: $1,800 l

Applcation-New license $310.

[

Amendment ..

K. Licenses issued pursuant to subpart B of part 32 of this chapter to d stnbute items containing byproduct material or

! quantities of byproduct matenal that do not require sealed source and/or device review to persons generally licensed i under part 31 of this chapter, except speofc Icenses authonzing redistribution of items that have been authorized for dis-tnbution to persons generally licensed under Part 31 of this chapter: S1,000.

l Appication-New license . . _ . .

S350.

Amendment L Licenses of broad scope for possession and use of byproduct matenalissued pursuant to parts 30 and 33 of this chapter for research and development that do not authorize commerctal distnbutiort $5.600.

Applicauon~New license . .~.. $780 Amendment M. Other licenses for possession and use of byproduct matenalissued pursuant to part 30 of this chapter for research and l development that do not authorize commercial distnbution:

$1,900.

Appication --New Icense . _

$640 Amendment .

N. Licenses that authonze servces for mer licensees, except:

(1) Licenses that authorize only calibration an@or leak testing servces are subject to the fees specified in fee Category 3P; and l

l (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A,4B, and $2,100.4C: 4 l Application-New icense -

$510.

Amendment l

O. Licenses for possession and use of byproduct material issued pursuant to part 34 of this chapter for industrial radiogra-t phy operations: ..

$4,400.

i Applicat:on-New ticense $700 Amendment . .

P, All other specific byproduct material licenses, except those in Categones 4A through 90: $750.

Appication-New license . $350.

Amendment .

4. Waste disposal ard processing:

A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercialland disposal by the licensee; or licenses authonzing t

contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste-l from ottw persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of pack i

, ages to another person authorized to receive or dispose of waste material:

I License, renewal, amendment. Full Cost. j Full Cost inspections m j B. Lcenses specifcally authorizing the receipt of waste bypmduct material, source material, or special nuclear material y fro other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material b

transfer to another person authorized to receive or dspose of the matenal

$2,600. ,

Api,4cs,---2:: license . $540. 1 wendment ..

u

l i

Federe.1 Registir / Vol. 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules 8897

( SCHEDULE OF MATERIALS FEES-Continued

[See footnotes at end of table]

Category of matenals licenses and type of feesi Fee 23 C. Licenses specifica!!y authorizing the receipt of pr6 packaged waste byproduct material, source material, or special nuclear i

l material from Jher persons. The licensee will dispose of the matenal by transfer to another person aut anzed to receive or dispose of the matenat Appication-New license - $2,300.

Amendment $230.

5. Well logging:

A. Licenses for possession and use of byproduct material, source matenal, and/or special nuclear material for welf logging.

well surveys, and tracer studies other than field flooding tracer studies:

Applcation-New license . 53,600.

Amendment - .

$850.

B. Licenses for possession and use of byproduct material for field flooding tracer studes: ,

License, renewal, amendment Full Cost.

6. Nuclear laundries: 1 A. Licenses for ccmmercial collection and launary of items contaminated with byproduct material, source material, or special l nuclear materiat  !

Application-New license _ $6,600. I Arnendment . $1,000.

7. Medcal license

! A. Licenso i aued rursuant to parts 30,35,40, and 70 of this chapter for human use of byproduct material, source mate-rial, or special nuclear material in sealed sources contained in teletherapy devices:

t Application-New license __

$3.600.

Amendment .__

$400.

l B. Licenses of broad scope issued to rnedcal institutions or two or more physicians pursuant to parts 30,33,35,40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licensea for byproduct rnatorial, source material, or special nuclear material in st.aled sources contained in teletherapy devices:

Application-New license $3,900.

Amendment . . .

S740.

C. Other licenses issued pursuant to parts 30,35,40, and 70 of this chapter for human use of byproduct material, source material, and/or sp3cial nuclear material, except Icenses for byproduct matenal, source material, or special nuclear mate-rial in sealed sources contained in teletherapy devices:

AppleatiorHNew icense ; $1,800.

Amendment _ $460.

8. Civil defense:

A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense ao-tivities:

ApplicatiorHNew license . $590.

. Arnendment . _ ..

5410.

9. Device, product, or sealed source safety evaluation:

A. Safety evaluation of devices or products containing byproduct mate ial, source material, or special nuclear material, ex-cept reactor fuel devces, for commercial distnbution:

' Application-each device $3.700.

Amendment-each device - _ . - . . . . $610. ,

B. Safety evaluation of devices or products containing byproduct matenal, source matenal, or special nuclear material man- j ufactured in accordance with the unique specifcations of, and for use by, a single applicant, except reactor fuel devices:

AppicatiorHeach device ., $2.200.

$1,100.

Amendment-each device . .

C. Safety evaluation of seased sources containing byproduct material, source material, or special nuciear material, except reactor fuel, for commercial dshbution:

Application-each source $940.

Amendment-each source $630.

D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear matenal, manufac-tured in accordance with the unique specifications of, and for use by, a single. applicant, except reactor fuel:

AppicatiorHeach source . . . . ,

$480.

Arnendment-each source $160.

10. Transportation of radioactre materlah A. Evaluation of casks, packages, and shipping containers:

Approval, Renewal. Amendment _ Full Cost.

Inspections Full Cost.

B. Evaluation of 10 CFR Part 71 quality assurance programs:

Appication-Approval $350.

Amendment , $640.

Inspections - - ._

Full Cost.

11. Review of standardized spent fuel facilities:

Approval, Renewal, Amendment Ful! Cost.

Inspections Full Cost.

12. Special projects:*

l. Approvals and preapplicatiorWeensing activities Full Cost.

Inspections . Full Cost.

13. A. Spent fuel storage cask Certificate of Compliance:

. Approvals Full Cost.

Amendments, revisions, and supplements Full Cost.

f i-

r 8898' Fed:rd Regist:r / Vol. 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules SCHEDULE OF MATERIALS FEES--Continued (See footnotes at end of tauel Feen Category of materials hcenses and type of fees '

Full Cost.

Reapproval Full Cost.

B. Inspections relau to spent fuel storage cask Certificate of Comphance . Full Cost.

C. Inspections relatea to storage of spent fuel under 9 72.210 of this chapter i

14. Byproduct, source, or special nuclear matenal Icenses and other approvals authonzing decommsssioning, decontamination, reclamation, or site restoration activities pursuant to 10 CFR pm 30,40,70. W r af this chapter: Full Cost.

Approval, Renewal, Amendment Full Cost.

Inspections

15. Import and Export licenses:

Licenses issued pursuant to 10 CFR part 110 of this chapter for the import and export only of special nuclear matenal, j source mate, rial, tntium and other byproduct material, heavy water, or nuclear grade graphite.

' A. Application for export or import of high ennched uranium and other rnaterials, ircluding radioactive waste, which must be reviewed by the Commissioners and the Executive Branch, for example, those actions under 10 CFR 110.40(b). This cat-egory includes application for export or import of radioactive wastes in multiple forms from multiple generators or brol ers in the exporting country and/or going to multiple treatment, storage or disposal facilities in one or more receiving coutw l

l tnes. $8,100.

Application-new license - . . . . . ,

$8,100.

Amendment . j

8. Appication for export or import of special nuclear material, source material, tntium and other byproduct material, heavy i water, or nuclear grade graphite, including radioactive waste, requiring Executue Branch review but not Commissioner re- I view. This category includes application for the export or import of radioactrve waste involving a single form of waste from a single class of generator in the exporting country to a single treatment, storage and/or disposal facility in the receiving Country. $5.000.

Applicatiord--new license - $5.000.

Amendment .. .. --

C. Application for export of routine reloads of low enriched uranium reactor fuel and exports of source material requinng only foreign govemment assurances under the Atomic Energy Act. $2,900.

Appication-new license . S2,900.

Amendment . i D. Application for export or import of other matenals, includng radioactive waste, not requinng Commissioner review, Exec-utrve Branch review, or foresgn government assurances under the Atomic Energy Act. This category includes apphcation for export or import of radioactwe waste where the NRC has previously authonzed the export or import of the same form of waste to or from the same or similar parties, requir ng only confirmation from the receiving facihty and licensing authon-ties that the shipments may proceed according to previously agreed understandings and procedures. $1,300.

Applicatiormw license . $1,300.

Amendment -

E. Minor amendment of any export or import license to extend the expiration date, change domestic information, or make other revisions which do not require irbdepth analysis, review, or consultations with other agencies or foreign goverrw ments. $190.

Amendment . _ . -

16. Reciprocity:

Agreement State licensees who conduct actnniles under the reciprocity provisions of 10 CFR 150.20 . . . .

51,100.

Appication (initial filing of Form 241) S200 Revisions ,

' Types of fees-Separate charges, as shown in the schedu!e, will be assessed for preapphcation consultations and reviews a ior new licenses and approvals, issuance of new hcenses and approvals, amendments and certain renewals to existing licenses an safety evaluations of sealed sources and devees, and certain inspections. The folhwing guidehnes apply to these charges:

(a) AppIncation fees. Applications for new matenals hcenses and approvals; applications to reinstate expired, terminated and approvals except those subject to fees assessed at full costs, and applications filed by Agreement State licensees to regis erallicense provisions of 10 CF R 150.20, must be accompanied by the prescribed appli prescribed application fee for the highest fee category; and (2) App 4 cations for licenses under Category 1E must be accompanied by the presenbe i to full cost fees (fee Categones 1 A,1B,1E,2A,4A,58.10A 11,12,13A, and 14) are due upon not:fication by the Commission in acc with $ 170.12 (b), (e), and (f).(c) RenewaFreapproval fees. Applications sublect to full cost fees (fee Categones 1 A,1B,1E,2A notifcation by the Comrnission in accordance with $ 170.12(d).

(d) Amendrnentl Revision Fees.(1) Appleations for amendments to licenses and approvals and revisions to reciprocit sessed at full costs, must be accompanied by the presenbed amendment / revision fee for each hcense/ revision affected.

amendment to a hcense or approval classified in more than one fee category must be accompanied by the prescnbed amen category affected by the amendment unless the amendment is apphcable to two l

I 13A, and 14), amendment fees are due upon notification by the Commission in accordanc new fee category must be accompanied by the presenbed appication fee for the new category.(

4 be accompanied by the prescribed amendment fee for the lower fee category.(4) Applications to termina not subl ect to fees.

l i

_ _ . _ . ~ . . _ . - ._.-_ _. -- _ - - _ _ _ _ _ _ . _ _ _ _ . - _ _ _ , . _ . _ _ .

Federal Register / Vol, 62 No. 39 / Thursday, February 27, 1997 / Proposed Rules

• 8899 (e) Inspection fees. Inspections resulting from investigations conducted by the Office of Invectigations and nonroutine inspections that msuN from third. party allegations are not subgct to fees. The fees asW$ sed at full cost MU te deferr*iined based on the professonal statt time re.

quired tc conduct the inspection multiplied by the rate estaolished under % 170.20 rdus ar'y appiicable contractual support services costs incurred.

l Inspeccon fees are due upon notification by the Commission in accordance with 170.12(g) 2 Fees will not be chargeo for orders issued by the Commission pursuant to 10 CFR 2 202 or for amendments result.ng specifically from the re.

quirements of these types of Commission orders. However, fees will be charged for app ovals issued under a specific examption provision of me Commission's regulations under Title 10 of the Code of Federal Regulatsons ie.g .10 CFR 30.11,40.14,70.t4,73.5. and any other sections new or hereafter in effect) rtgardic's of whether the approval is in the form of a hcense amendment, letter of appre al, safety evaluation report, or 6 other form. In addition to the few shown, an applcant may t:e assessed an additional fee for sealed source and device evaluations as shown in Categones 9A through 90 3 Fu:1 cost fees will be determined based on the professional staff time and appropriate cor*tractual support services expended. For those appli-cations currently on file and for whch fees are determined based on the full cost expended for the review, the professional staff hours expende.1 1 for the review of the application up to the effecthe date of the final rule wdl be determined at the professional rates in effect at the time the serv-ice was provided. For appications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, l 1984, and July 2,1990, rules, but are still pending completion of the review, the cost imurred aner any applicable ceiling was reachea through

! January 29,1989, will not be billed to the applicant. Any professior'al staff-hours exper.ded above those ceilings on or after January 30,1989,

! will be assessed at the aophcable rates established by $ 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topcal report, amendment, revision, or supplement to a topical report completed or under review from January l 30,1989, through August 8,1991, will not be tulled to the apphcant. Any professional hours expended on or after August 9,1991, wdl be as- I sessed at the applicable rate established in 9170.20. The minimum total revew cost is twice the hourfy rate shown in $ 170.20.

• Licensees paying fees under Categories 1 A,18. and 1E are not subject to fees under Categories 1C and ID for sealed sources authorized in the same icense except in those instances in which an applcation deals only with the sealed sources authonzed try the license. Applicants for

'i new licenses that cover both byproduct material and special nuclear inaterial in sealed sources for use in gauging devices will pay the appro-priate appleation fee for fee Category 1C only. i 6 Fees will not be assessed for requests /re subtrutted to tre NRC: l (a) In res . e to a Genere Letter or NR Bulletin that does not result in an amendment to the license, does wt result in the review of an al- ,

temate met or reanalysis to meet the requirements of the Genenc Letter, or does not involse an unreviewed safeN issue; (b) in response to an NRC request (at the Associate Office Director level or above) to resolve an identified safety or environmental issue, or to assist NRC in developing a rule, regulatory guide, poley statement, generic letter. or buitetin or (c) As a rneans of exchanging information between industry organizations and the NRC .or the purpose of supporting generic regulatory im-provements or efforts.

PART 171-ANNUAL FEES FOR 171.16 of the regulations until a notice (surcharge). The activities comprising REACTOR OPERATING LICENSES, concerning the revised amount of the the base FY 1995 annual fee are as AND FUEL CYCLE LICENSES AND fees for the fiscal year is published by follows:

MATERIALS LICENSES, INCLUDING the NRC. If the NRC is unable to publish (1) Power reactor safety and HOLDERS OF CERTIFICATES OF a final fee rule that becomes effective safeguards regulation edept lir.ensing COMPLIANCE, REGISTRATIONS, AND during the current fiscal year, then fees and inspection activities recovered QUALITY ASSURANCE PROGRAM would be assessed based on the rates in under 10 CFR part 170 of this chapter. i APPROVALS AND GOVERNMENT effect for the previous fiscal year. (2) Research activities directly related i AGENCIES LICENSED BY THE NRC 8. In S 171.15, paragraphs (al (b), (c) to the regulation of power react' ors. I introductory text, (c)(1). (c)(2), (e), and (3) Generic activities required largely

6. The authority citation for part 171 (f) are revised to read as follows: for NRC to regulate power reactors, e.g.,

continues to read as follows:

$ 171.15 Annual fees: Reactor operating updating part 50 of this chapter, or l Autimrity: Sec. 7601, Pub. L 99-272,100 operating the incident Response Center Stat.146, as amended by sec. 560L Pub. L. licenscs.

(c) The activities comprising the FY 100-203,101 Stat.1330, as amended by Sec. (a) Each person licensed to operate a 3201, Pub. L 101-239,103 Stat. 2106 as power, test, or research reactor shall pay 1995 surcharge are as follows:

amended by sec. 6101, Pub. L.101-508,104 the annual fee for each unit for which (1) Activities not attributable to an Stat.1388,(42 U S C. 2213); sec. 30L Pub L the person holds an operating license at existing NRC licensee or class of any time during the Federal FY in licensees; e g., reviews submitted by 8'St t 124 am de f42 thn government agencies (e.g., IX)E) 5841); sec. 2903. Pub. L 102-486.106 Stat. which the fee is due, except for those test and research reactors exempted in that do not result in a license or are not 3125,(42 U.S.C. 2214 nore) e.ssociated with a license; international 7 Section 171.13 is revised to read as % 171'11 (a)(1) and (a)(2)' cooperative safety program and (b) The FY 1997 uniform annual fee internatiorni safeguards activities; low-for each operating power reactor which must be collected by September 30. level waste disposal generic activities;

$ 171.13 Notice. uranium enrichment gereric activities; The annual fees applicable to an 1997, is $2,972,000:This fee has been determined by adjusting the FY 1996 and operating reactor and to a materials (2) Activities not currently assessed licensee, including a Government annual fee upward by 8.2 percent. In the FY 1995 final rule, the NRC stated it under to CFR Part 170 licensing and agency licensed by the NRC, subject to this part and calculated in accordance would stabilize annual fees by adjusting inspection fees based on existing with SS 171.15 and 17L16, will be the annual fees only by the peaentage Commission policy, e g. reviews and change (plus or minus)in NRC's total inspections conducted of nonprofit published as a notice in the Federal educational institutions, and costs that Register as soon as is practicable but no budget authority and adjustments based on changes in 10 CFR part 170 fees as would not be collected from small later than the third quarter of FY 1997 entities based on Commission policy in and 1998. The annual fees will become well as on the number of licensees paying the fees. The first adjustment to accordance with the Regulatory due and payable to the NRC in accordance with S 171,19 except as the annual fees using this method Flexibility Act.

provided in S 171.17 Quarterly occurred in . " 1996 when all annual payments of the annual fees of $100,000 fees were decreased 6.5 percent below (e)The FY 1997 annual fees for l nr more will continue during the fiscal the FY 1995 annual fees. The FY 1995 licensees authorized to operate a l year and be based on the applicable annual fee was comprised of a base nonpower (test and research) reactor annual fees as shown in SS 171.15 and annual fee and an additional charge licensed under part 50 of this chapter.

l

8900 Federtl Register / Vol 62 No. 39 / Thursday, February 27, 1997 / Proposed Rules l

l Maximum an- $1.800 for each category applicable to except for those reactors exempted from Small businesses not en-fees under 5171.11(a), are as follows: gaged in manufactunng and nual fee per h- the license (s).

small not-for-profit organiza- ccnsed cat-Research reactor.. ..$ 57,200 tions (gross annt.al receipts) egory (d) The FY 1997 annual fees for j

Test reactor.. ..$57,200 materials licensees and holders of

$350,000 to $5 million . $1,800 certificates, registrations or approvals (f) For FY 1997 and FY 1998, annual Less than $350,000 . . 400 subject to fees under this section are fees for operatir.g reactors will be Manufacturing entities that shc .n below.The FY 1997 annual fees, f an a era e of 500 cal u ated and assessed in accordance which must be collected by September )

35 to 500 employees . 1,800 30,1997, have been determined by 9, in S 171,16, the introductory text of Less than 35 employees . 400 adjusting upward the FY 1996 annual l

paragraph (c) and paragraphs (c)(1), Sma!! Govemmental Junsdic- fees by 8.2 percent. In the FY 1995 final .

l (c)(4), (d), and (e) are revised to read as tions (including publicly rule, the NRC stated it would stabihze supported educational in- annual fees bIadjusting the annual fees l follows: strtutions) (Population):

1,800 only by the percentage change (plus or i

20,000 to 50,000 -

$ 171.16 Annual Fees: Materials Less than 20.000 -

400 minus) in NRC's total budget authority Licensees, Holders of Certificates of and adjustments based on changes in to Compliance. Holders of Sealed Source and Educational Institutions that Device Registrations, Holders of Quality are not State or Publicly CFR part 170 fees as well as on the Assurance Program Approvals and Supported, and have 500 number of licensees paying the fees. The Government agencies licensed by the NRC. Employees or Less: first adjustment to the annual fees using 35 to 500 employees 1,800 Less than 35 employees .. 400 this method occurred in FY 1996 when j all annual fees were decreased 6.5 (c) A licensee who is required to pay percent below the FY 1995 annual fees.

an annual fee under this section may (1) A licensee qualifies as a small entity if it meets the size standards The FY 1995 annual fee was comprised qualify as a small entity, if a licensee of a base annual fee and an additional qualifies as a small entity and provides established by the NRC (See 10 CFR 2.810). charge (surcharge). The activities the Commission with the proper certification, the licensee may pay * * * *

• comprising the FY 1995 rutcharge are (4) For FY 1997, the maximum annual shown for convenience in paragraph (e) reduced annual fees for FY 1997 as fee a small entity is required to pay is of this section. ,

follows: ,

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NR (See footnotes at end of tabiel Annual Category of materials ticenses fees ' 3 3

1. Special nuclear matenal:

A. (1) Licenses for possession and use of U-235 or plutonium for fuel labrication activities.

(a) Strategic Special Nuclear Matenal: $2,600.000 Babcock & Wilcox SNW42 2,600,000 Nuclear Fuel Services SNW124 . _ . .

(b) Low Enriched Uranium in Dispersible Form Used for Fabncation of Power Reactor Fuel: 1,276,000 Combustion Engineenng (Hematite) SNW33 . 1,276,000 General Electric Company SNM-1097 , 1,276.000 Siemens Nuclear Power SNW1227 .

1,276.000 Westinghouse Electnc Corrmny SNWt107 .

(2) All other special nuclear matenals licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities (a) Facilities with Imted operations: 508,000 B&W Fuel Company SNW1168 -..

j (b) All Others: 345,000 General Electnc SNWG60.

. . _ . . . _ .g

.. g 282,000 B. Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI) . . .

C. Licenses for possession and uso of special nuclear material in sealed sources contained in devices used in industr:al r '

1,300 measuring systems, including x-ray fluorescence anaiyrers .,

D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in corn-bination that would constitute a entical quantity, as defined in 9 150.11 of this chapter, for which the licensee shall pay 3.000

the same fees as those for Category 1.A.(2) 2,600,000 E. Licenses or certificates for the operation of a uranium enrichmer t facihty ,

2. Source material: 647,000 A. (1) Licenses for possession and use of source rnaterial for refining uranium mill concentrates to uranium hexafluoride (2) Licenses for possession and use of source matenal in recovery operations such as mithrg, in-sttu teaching heap-leaching, ore buying stations, ion exchange facilities and in processing of ores containing source material for extrac-tion of metals other than uranium or thonum, including IL.. 4es authorizing the possession of byproduct waste mate-rial (tailings) from source material recovery operations, as well as licenses authorizing the possession and mainte-nance of a facility in a stan&y mode. 61,600 Class i facilities

• 34,800 Class 11 facihtjes * . . . . .

22,300

. ~ .

Other facihties *

(3) Licenses that authonze the receipt of byproduct matenai, as defined in Sechon 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Cat-45,200 l egory 2.A.(4) i 1

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Fed rd Registir / Vol. 62. No. 39 / Thursday February 27, 1997 / Proposed Rules 8901 l

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GO RNMENT AGENCIES LICENSED BY NRC-Continued

[See footnotes at end of table)

Category of materials licenses [,"s l (4) bcenses that auth"n2e the receipt of byproduct matenal. as defined in Section 11e.(2) of the Atome Energy Act, from other persons for possession and d+sposalinc6 dental to the disposal of the uransum waste tailings generated by the Icensee's milling operations. except those licenses subject to the fees in Category 2.A.(2) 8,000 B. Licenses which authorize only the possession, use andor installation of source matenal for shielding . . 490 C. All other source matenallicenses . ..

8,700

3. Byproduct matenal:

A. Licenses of broad scope for possession and use of byproduct material issued pursuant to parts 30 and 33 of this chap-ter for processing or rnanufactunng of items containing byproduct matenal for commercial estribution 16.600 B. Other kernes for possession and use of byproduct matenal issued pursuant to part 30 of this chapter for processing or manufacturing of items containing byproduct material for cornmercial distribution 5,600 C. Licenses issued pursuant to $$32.72,32.73, arxfor 32.74 of thir -hapter authorizing the processing or manufacturing and dstnbutiors or redistribution of radiopharmaceutcals, generatore, .wagent kits and/or sources and devices containing byproduct material. This category also includes the possession and use of source material for shielding authorized pursu-ant to part 40 of this chapter when included on the same license. This category does not apply to licenses issued to non-profit educational institutions whose processing or manufacturing is exempt under 10 CFR 171.11(a)(1). These licenses are covered by fee Category 3D . 11,200 l

D. Licenses and approvals issued pursuant to $$32.72,32.73, and/or 32.74 of this chapter authorizing distnbutson or redis-inbution of radiopharmaceuticals, generators, reagent kits arxi'or sources or devices not involving processing of byprod- ,

uct material. This category includes licenses issued pursuant to $$32.72,32.73 and 32.74 to nonprofit educational insti-tutions whose processing or manufactunng is exempt under 10 CFR 171.11(a)(1). This category also includes the pos-I session and use of source material for shieldng authonzed pursuant to part 40 of this chapter when included on the same license - 4,400 E. Licenses for possession and use of byproduct matenal in sealed sources for inmation of materials in which the source t is not removed from its shield (self. shielded units) 3200 F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of ma-( tenals in which.the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra-t dation of materials in which the source is not exposed for irrad.ation purposes 3.800 j l G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of ma-l terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra-dation of materials in whch the source is not exposed for irradiation purposes . 19,600 j H. Licenses issued pursuant to subpart A of part 32 of this chapter to distnbute items containing byproduct matenal that re-l quire device review tc persons exernpt from the licensing requirements of part 30 of this chapter, except specific licenses authonzing redistnbution of items that have been authorized for distnbution to persons exempt from the licensing require-ments of part 30 of this chapter . 5,000

1. Licenses issued pursuant to subpart A of part 32 of this chapter to distnbute items containing byproduct material or quan-tities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter, except for specific Icenses authorizing redistnbution of items that have been authnrized for dis-tribution to persons exempt from the Icensing requirements of part 30 of this chapter . 8,900 J. Licenses issued pursuant to subpart B of part 32 of this chapter to distribute items containing byproduct material that re-quire seafed source and,or device review to persons generally licensed undet part 3t of this chapter, except specif;c li-conses authorizing redistribution of items that have been aumonzed for distnbution to persons generally licensed under part 31 of this chapter . 3.800 K, Licenses issued pursuant to subpart B of part 31 of this chapter to distnbute items containing byproduct material or quantities of byproduct matenal that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing red stnbution of items that have been authorized for distnbution to persons generally licensed under part 31 of this chapter 3.200 L. Licenses of broad scope for possession and use of byproduct material issued pursuant to parts 30 and 33 of this chapter for research and development that oo not authorize commercial distnbution . 12,300 M. Other licenses for possession and use of byproduct material issued pursuant to part 30 of this chapter for research and development that do not authorize commercial distnbution . . . . _ .

S.500 N. Licenses that authorize services for other licensees, except:

(1) Licenses that authorize only cahbration and/or leak testing servces are subject to the fees specified in fee Category 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A,48, and 4C 6,100 O. Licenses for possession and use of byproduct material issued pursuant to part 34 of this chapter for industrial radiogra-phy operations. This category also includes the possession and use of source material for shielding authorized pursuant 14,000 to part 40 of this chapter when authorized on the same license .

P. All other specife byproduct material licenses, except those in Categories 4A through 90 1,700 l

l 4. Waste dsposal and processing:

l A. Licenses specifically authonzing the receipt of waste byproduct rnaterial, source material, or special nuclear material

! from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses au-

! thorizing contingency storage of low-level radioactive wasta at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatwnt, packaging of resulting waste and residues, and transfer ,

-1 6102,000 l of packages to another person authonzed to receive or dispose of waste material .

B. Licenses specircally authorizing the receipt of waste byproduct materiat, source material, or special nuclear rr aterial from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the mate nal by transfer to another person authorized to receive or dispose of the matenal . 14A00 i

l

27, 1997 Proposed Rules 890'2 Fedzral Register / Vol. 62, No. 39 / Thursday, February SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FCR GOVEMWENT A iSee footnotes at end of tabiel _

! Annual Category of matena's licenses fees ' "

C. Lcenses specifcally authonzing the receipt of prepachged waste o4raduct matorial, S0urce material, or spec clear materia! 'om other persons. The licensee will dispose of the matenal by transfer to another person 7,700 authori receive or dispose of the rnaterial

5. Weli logging:

A. Licenses for possession and use of byproduct matena!, source matenal arviter spec a! nuclear8,200 , material for w well surveys, and tracer studies other than fieid flooding tracer studies . . . . - . . .

13.200 B. Lcenses for possession and use of byproduct matenas for field flooding tracer studies .

6. Nuciear faundnes:

A. Licenses for commercial collection and laundry of items contaminated with oyproduct rnatenal, source 14,700 matenal, cial nuclear material .

7. Medcal licenses:

A. ucenses issued pursuant to parts 30,35,40, and 70 of this chapter for human use of byproduct rnatena!, sourc rial, or special nuclear matenal in sea!ed sources contained in teletherapy devices. This category10,300 . . . . . . . . . . . . . .

also includes t session and use of source material for shielding when authonzed on the same Icense B. Licenses of broad scope issued to rnedcal institutsons or two or more physicians pursuant to parts 30, 33,35 70 of this chapter authorizing research and deveicpment, including human use of byproduct material except byproduct material, source matenal, or specia! nuclear material in sealed sources contained 23.500 in teleth category also includes the possession and use of source material for sheelding when C. Other licenses issued pursuant to partsmatenal, at d/or special nuclear matenal except licenses for byproduct rial in sealed sources contained in teletherapy devices. This category also includes the possession4,700 and use of so matenal for shielding when authorized on the same fcense' . *

8. Cnril defense:

A. Ucenses for possession and use of byproduct matenal, source material, or special nuclear matenal 1,80'for civil def tivities l

9. Device, product, or sealed source safety evaluation;A. Regestrations issued for the safety . . . . .

7.200 evafuation special nuclear rnatertat, except reactor fuel devices, for commercial dstnbution .._ .._.. .

B. Registrations issued for the safety evaluation of devices or products ..

3,700 c except reactor fuel devices . ...... . . . ..

t,600 source m C. Registrations issued for the safety evaluation of sealed sources containing Dyproduct material, . . . - . . . . . .

cial nuclear rnatenal, except reactor fuel, for commercial 6stnbution .

D. Registrations issued for the safety evaluation of sealed sources containin 780 except reactor fuel .. .

10. Transportation of radioachve material:A. Certifcates of Compliance or other package approvals issued 6N/A for desig l

Spent Fuel, Hgh-Level Waste, and plutonium air packages . ,

• ft A l Other Casks ....... i l

,.l 78.700 B. Approvals issued of 10 CFR part 71 quality assurance programs 1,000 Users and FaDncators , . . . .

.j

• N/A Users .

WA

11. Standardized spent fuel f acilities . . . . . .

' NJ A

12. Special Projects . ...................... l 282,000

13. A. Spent fuel storage cask Certificate of Cornpiiance ....... . . . . . . .

.. f B. General Icenses for storage of spent fuel under 10 CFR 72.210

' Ni A

14. Byproduct, source, or special nuclear material licenses and other approvals authorizing aN'A deco reclamation, or site restoration activities pursuant to 10 CFR parts 30,40,70, and 72 .

a N/ A

15. Import and Export licenses .

, 420,000

16. Recipracity ._ .,

17, Master materials licenses of broad scope issued to Government agencies . *1,166.000

18. Department of Energy:

A. Certificates of Compliance . ..........-....... .. ... .............. .

.j 1,961,000

8. Uranium Mill Tailing Radiation Control Act (UMTRCA) act,vties .

d ap-material dunng the fiscal year. However, the annual fee is October waived 1,1996, andfor t f li n e cm provals who either filed for termination of their Icenses or approvals or filed for possession only/

30,1996. storage t the permanently ceased licensed activites entirely by September d for taun the f grade of a icense, or for a POL dunng the fiscal year and for new licenses assued if a person holds more than one license, certifcate, registration, of approval, the dunng l hannual (e .g-,

fee (s) w provisions of 6171.17, lf license, certificate, registration, o, approval held by that person. h e For f i licensed under Category 1.A.(1). are not subject to the annual fees of Category 1.C Renewal appleations must be filed in accordance with the requirements of parts 30,40,70,71, or 72 of this chapt 3For FY 1998, fees for these materials licenses will be calculated and assessed in accordance with .g li-eral Rogister for notre and comment. An "other" censes (in-situ and heap leach) issued for the extraction of uranium from bcense includes Icenses for extraction of metals, heavy metals, and rare earths.

I l

i i

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l l '

Federd Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules 8903 s Two licenses have been issued by NRC for land disposal of special nuclear material. Once NRC issues a LLW disposal hcense for byproduct and source material, the Commission will consider estabhshing an annual fee hr this type of hcer se.

' Standardized spent fuel facilities parts 71 and 72 Certificates of Comphance, and special rewe^s. sucn as topical reports. are riot assessed an annual fee because the genenc costs of regulating these activities are prirmray attributable to the users of the deregns, certficates. and topt-cal reports.

7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categones while they are le censed to operate.

sNo annual fee is charged because it is not practical to adranister due to the relatrve.y short hfe or temporary nature of the license.

' Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions who also hold nuclear medicine licenses ,

under Categories 78 or 7C.

• This includes Certificates of Compliance issued to DOE that are not uncer the Nuclear Waste Fund. )

(e) The activities c;omprising the FY license. New licenses issued during the (c) For FYs 1997 and 1998, annual

, 1995 surcharge are as follows: period October 1 through March 31 of fees in the amount of $100.000 or more the FY will be assessed one-half the and described in the Federal Register

, ((1) LLW disposal

2) Activities generic not attributable activities; to an annual fee for that FY. New licenses notice pursuant to S 171.13 must be paid existing NRC licensee or classes of issued on or after April 1 of the FY will in quarterly installments of 25 percent licensees; e.g., international cooperative not be assessed an annual fee for that as billed by the NRC. The quarters begin 1 safety program and international FY. Thereafter, the full fee is due and on October 1, January 1, April 1, and safeguards activities: support for the payable each subsequent FY The July 1 of each fiscal year.

Agreement State program; site annual fee will be prorated for licenses (d) For FYs 1997 and 1993, annual decommissioning management plan for which a termination request or a fees of less than $100.000 must be paid (SDMP) activities and request for a POL has been received on as billed by the NRC. As established in i r (3) Activities not currently assessed or after October 1 of a FY on the basis FY 1996, materials license annual fees under 10 CFR part 170 licensing and of when the application for termination that are less than $100.000 are billed on inspection fees based on existing law or or POL is received by the NRC provided the anniversary of the license.The Commission policy, e.g., reviews and the licensee permanently ceased mate' rials licensees that are billed on the inspections conducted of nonprofit licensed activities during the specified anniversary date of the license are those j educational institutions and Federal period. Licenses for which applications covered by fee categories 1.C. and 1.D.;

agencies; activities related to for termination or POL are filed during 2.A.(2) through 2.C.; 3.A. through 3.P.;

decommissioning and reclamation and the period October 1 through March 31 4.B. through 9.D.; and 10.B. For annual l

costs that would not be collected from of the FY are assessed one-half the fee purposes, the anniversary date of the small entities based on Commission annual fee for theopplicable license is considered to be the first day j policy in accordance with the category (ies) for that FY. 8 icenses for of the month in which the original i Regulatory Flexibility Act. which applications for ' mination or license was issued by the NRC.

! - * * *

• POL are filed on or aft April 1 of the Beginning June 11,1996, the effective FY are assessed the full annual fee for date of the FY 1996 final rule, licensees

10. In 5171.17, introductory text, paragraphs (a), (b) introductory text, and that FY. Materials licenses transferred to that are billed on the license a new Agreement State during the FY anniversary date will be assessed the l (b)(1) are revised to read as follows: annual fee in effect on the anniversary are considered terminated by the NRC,

$ 171.17 Proration. for annual fee purposes, on the date that date of the license. Materials licenses Annual fees will be prorated for NRC the Agreement with the state becomes subject to the annual fee that are licensees as follows: effective; therefore, the same proration terminated during the fiscal year but l

j (a) Reactors.The annual fee for provisions will apply as if the licenses prior to the anniversary month of the

! reactors (power and nonpower) that are were terminated. license willim billed upon termination l

subject to fees under this part and are . * * *

• for the fee in effect at the time of the i granted a license to operate on or after 11. In $ 171.19, paragraphs (b), (c), billing. New materials licenses subject October 1 of a Fiscal Year is prorated on and (d) are revised to read as follows: to the annual fee will be billed in the the basis of the number of days month the license is issued or in the remaining in the fiscal year. Thereafter, $ 171.19 Payment.* next available monthly billing for the l the full fee is due and payable each * *

• fee in effect on the anniversary date of subsequent fiscal year Licensees who (b) For FYS 1997 and FY 1998, the the license. Thereafter, annual fees for have requested amendment to withdraw Commission will adjust the fourth new licenses will be assessed in the l operating authority permanently during quarterly bill for operating power anniversary month of the license.

l the fiscal year will be prorated based on reactors and certain materials licensees Dated at Rockville. Maryland, this 19th day the number of days during the fiscal to recover the full amount of the revised of February,1997 year the license was in effect before annual fee. If the a nounts collected in For the Nuclear Regulatory Commission.

docketing of the certifications for the first three quarters exceed the amount of the revised annual fee, the Ronald M. Scrogg,ns, permanent cessation of operations ar'd permanent removal of fuel from the overpayment willbe refunded. All other Acting Chief financio10fficer.

reactor vessel or when a final legally licensees, or holders of a certificate. Appendix A to This Proposed Rule--

effective order to permanently cease registration, or approval of a QA Regulatory Flexibility Analysis for the program will be sent a bill for the full Amendments to to CFR Part 170 (License op(erations has come into effect.b) amount Materials of theifcenses annual fee (including on the fuel Fees) and to CFR Part 171 (Annual Fees) cycle licenses). (1) New licenses and anniversary date of the license. Payment I. Background terminations.The annual fee for a is due on the invoice date and interest The Regulatory Flexibility Act of 1980 v i materials license that is subject to fees accrues im the date of the invoice. amended. (s (J.s.c. 601 et seq) establishes a under this part and issued on or after However, interest will be waived if a principle of regulatory practice that October 1 of the FY is prorated on the payment is received within 30 days agencies endeavor to fit regulatory and from the invoice date. Info-mational requirements, consistent with

, basis of when the NRC issues the new

. -_- - -- -- - -- . - -. .=- ..- - - -

l 8904 Fedsral Register / Vol 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules l

requires that the NRC recover approximately 171 of the Commission's regulations.

applicabb stetutes, to a scale conunensurate Therefore, in compliante with the law, l with the businesses, organizations, and 100 percent of its budget authority, less appropriations from the Nuclear Waste Fund. Attachment 1 to this Regulatory Flexibility government jurisdictions to which they for Fiscal Years (FY) 1991 through 1995 by Analysis is the small entity compliance guide apply.To achieve this principle, the Act for F Y 1997 assessing license and. annual fees OBRA-90 requires that agencies consider the impact of their actions on small entities. If the agency was amended in 1993 to extend the 100 E Imp ct on Small Entities cannot certify that a rule will not percent recovery requirement for NRC The comments received on the proposed significantly impact a substantial number of through 1998 For FY 1991, the amount for FY 1991-1996 fee rule revisions and the small entities, then a regulatory flexibility collection was approximately $445_3 million: small entity certifications received in for FY 1992, approximately $492.5 million; analysis is required to examine the impacts response to the final FY 1991-1996 fee rules for FY 1993 about $518 9 rnillion; for FY on small entities and the alternatives to indicate that NRC licensees qualifying as i994 about $513 million; for FY 1995 about minimize these impacts. small entities under the NRC's size standards To assist in considering these impacts $503.6 million: for FY 1996 about $462.3 million and the amount to be collected in FY are primarily those licensed under the NRC's under the Regulatory Flexibility Act(RFA), materials program. Therefore, this analysis

! first the NRC adopted size standards for 1997 is approximately $462.3 million. will focus on the economic impact of the determining which NRC licensees qualify as To comply with OBRA-90, the Commission amended its fee regulations in annual fees on materials licensees.

small entities (50 FR 50241; December 9, The Commission's fee regulations result in 1985). These size sesndards were clarifled to CFR parts 170 and 171 in FY 1991 (56 FR substantial fees being charged to those November 6,1991 (56 FR 56672). On April 31472; July 10,1991)in FY 1992,(57 FR individuals, organizations, and companies 7,1994 (59 FR 16513), the Small Business 32691; July 23,1992) in FY 1993 (58 FR 38666; July 20.1993) in FY 1994 (59 FR that are licensed under the NRC materials Administration (SBA) issued a final rule program. Of these materials licensees, about changing its size standards. The SBA 36895: July 20,1994)in FY 1995 (60 FR 32218; June 20,1995) and in FY 19% (61 FR 20 percent (approximately 1,400 licensees) adjusted its receipts. based size standards have requested small entity certification in levels to mitigate the effects of inflation from 16203) based on a careful evaluation of over the past. In FY 1993, the NRC conducted a l 1.000 comments. These final rules I 1984 to 1994. On November 30,1994 (59 FR survey of its materials licensees. The results j 61293), the NRC published a proposed rule established the methodology used by NRC in of this survey indicated that about 25 percent to amend its size standards. After evaluating identifying and determining the fees assessed of these licensees could qualify as small l

! the two comments received, a final rule that and collected in FYs 1991-1996. entities under the current NRC size i

The NRC indicated in the FY 1995 fina] I would revise the NRC's size standards as rule that it would attempt to stabilize annual standards.

proposed was developed and approved by The commenters on the FY 1991-1994 the SBA on March 24,1995.The NRC fees as follows. Beginning in FY 1996, it Proposed fee rules indicated the following would adjust the annual fees only by the results if the proposed annual fees were not published the final rule revising its size '

l standards on April 11,1995 (60 FR 18344). percentage change (plus or minus) in NRC's modified:

The revised standards became effective May total budget authority unless there was a

-Large firms would gala an unfair 11,1995.The revised standards adjusted the substantial change in the total NRC budget l

l authority or the magnitude of the budget competitive advantage over small entities.

! NRC receipts-based size stanArds from $3.5 One commenter noted that a small well. l allocated to a specific class of licensees, in million to $5 million to accommodate logging company (a " Mom and Pop" type inflation and to conform to the SBA final which case the annual fee base would be recalculated (60 FR 32225; June 20.1995). of operation) would find it difficult to rule. The NRC also eliminated the separate absorb the annual fee, while a large 51 million size standard for private practice The NRC also indicated that the percentage corporation would find it easier. Another I physicians and applied a receipts-based size change would be adjusted bdsed on changes commenter noted that the fee increase in the to CFR part 170 fees and other could be more easily absorbed by a high-standard of $5 million to this class of adjustments as well as an adiustment for the volume nuclear medicine clinic. A gauge licensees.This mirrored the revised SBA number oflicensees pa3 ng 1 the fees. As a standard of $5 million for medical licensee noted that, in the very competitive practitioners. The NRC also established a size result, the NRC is proposing to establish the soils testing market, the annual fees would standard of 500 or fewer employees for FY 1997 annual fees for all licensees at 8.2 percent above the FY 1996 annual fees. put it at an extreme disadvantage with its business conce ns that are manufacturing much larger competitors because the entities. This standard is the most commonly Because the total amount to be recovered proposed fees would be the same for a two-used SBA employee standard and is the through fees in FY 1997 is identical to the amount estimated for reouvery in FY 1996, person licensee as for a large firm with l

standard applicable to the types of the NRC believes that establishing new thousands of employees.

l manufacturing industries that hold an NRC -Some firms would be forced to cancel their license. baseline fees for FY 1997 is not warranted. licenses. One commenter, with receipts of Public 1.aw 104-121, the Conttact with The NRC used the revised standards in the less than 5500.000 per year, stated that the final FY 1995 and FY 1990 fee rules and America Advancement Act of 1996 was proposed rule would. in effect, force it to signed into law on March 29,1996. Title 111 proposes to continue their use in this FY relinquish its soil density gauge and 1997 proposed rule. The small entity fee of the law is entitled the Small Business license, thereby reducing its ability to do categories in 5171.16(c) of this proposed rule Regulatory Enforcement Fairness Act of 1996 Its work effectively. Another commenter reflect the changes in the NRC's size (SBREFAl. The SBREFA has two purposes.

l The first is to reduce regulatory burdens noted that the rule would force the standards adopted in FY 1995. A new company and many other small businesses i

maximum small entity fee for manufacturing imposed by rederal agencies on small to get rid of the materials license Industries with 35 to 500 employees was businesses, nonprofit organizations and altogether. Conunenters stated that the l

established at $1.800 and a lower tier small governmental jurisdictinns. The second is to proposed rule would result in about to l

' entity fee of 5400 was established for those provide the Congress with the opportunity to percent of the well logginglicensees manufacturing industries with less than 35 review agency rules before they go into effect. terminating their licenses immediately and Under this legislation, the NRC fee rule, employees. The lower-tier receipts-based approximately 25 percent terminating their threshold of $250.000 was raised to $350,000 published annually, is considered a " major" licenses before the next annual assessment.

rule and therefore must be reviewed by

-Some companins would go out of business.

to reflect approximately the same percentage Congress and the Comptroller General before One commenter noted that the proposal adjustment as that made by the SBA when they adjusted the receipts-based standard the rule becomes effective. Section 312 of the would put it, and several other small Act provides that for each rule for which an from $3.5 million to $5 million. The NRC companies, out of business or, at the very believes that continuing these actions for FY sgency prepared a final regulatory flexibility least, make it hard to survive.

1997 will reduce the impact of annual fees analysis, the agency shall prepare a guide to -Some companies would have budget on small businesses. The NRC size standards assist small entitles in complying with the problems. Many medicallicensees rule. A regulatory flexibility analysis is commented that, in these times of slashed are codified at to CFR 2.810.

Public Law 101-508, the Omnibus Budget prepared for the proposed and final NRC fee reimbursements, the proposed increase of rules as implemented by 10 CFR part 170 and Reconciliation Act of 1990 (OBRA-90).

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i l FedIrd Rrgister / Vol 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules 8905 the existing fees and the introduction of The NRC continues to bebeve that the 10 between the objectives of OURA-90 and the additional fees would significantly affect CFR part 170 license fees (application and RFA Therefore, the analysis and contiusions their budgets. Another noted that,in view amendment). or any adjustments to thue established in the FY 1991-1996 rules of the cuts by Medicare and other third licensing fees during the past year, do not remain valid for this proposed rule for FY have a significant impact on small entities. In 1997. In compliance with Public Law 104-party carriers, the fees would produce a hardship and some facilities would issuing this proposed rule for FY 1997, the 121, a small entity compliance guide has experience a great deal of difficulty in NRC concludes that the 10 CFR part 170 been prepared by NRC and is shown as meeting this additional burden. materials hcense fees do not have a Attachment 1 to this Regulatory Flexibility significant impact n a substantial number of Analysis.

Over the past five years, approximately small entities and that the to CFR part 171 2,900 license, approval, and registration maximum annual small entity fee of $1.800 Attachment 1 to Appendix A terminations have been requested. Although be contmued. U.S. Nuclear Regulatory Commission, Small some of these terminations were requested By maintaining the maximum annual fee because the license was no longer needed or Entity Compliance Guide. Fiscal Year 1997 r small entities at $1,800, the annual fee for Ilcenses or registrations could be combined, ntents indications are that other termination "*"Y 558U 8"dt.ies is reduced while at the same time matenals licensees, including Introduction requests were due to the economic impact of small entities. pay for most of the FY 1997 NRC Definition of Small Entity the fees. c sts attributable to them. The costs not NRC Small Entity Fees The NRC continues to receive written and rec vered fr m small entities are allocated to Instructions for Completing NRC Form 526

, oral comments from small materials other materials licensees and to operating l licensees. These commenters previously Power reactors. However, the amount that

! Indicated that the $3.5 million threshold for must be recovered from other licensees as a The Small Business Regulatory J small entities was not representative of small result f maintaining the maximum annual Enforcement Fairness Act of1996 (SBREFA) businesses with gross receipts in the fee is n t expected to increase significantly. requires all Federal agencies to prepare a i thousands of dollars. These commenters Therefore, the NRC is continuing, for FY written guide for each maior" final action as

! believe that the $1.800 maximum annual fee 1997, the maximum annual fee (base annual defined by the Act.The NRC's fee rule represents a relatively high percentage of fee plus surcharge) for certain small entities published annually to comply with the gross annual receipts for these " Mom and at 51,800 for each fee category covered by Omnibus Budget Reconciliation Act of 1990 j Pop" type businesses. Therefore, even the each license issued to a small entity. (OBRA-90) which requires the NRC to collect i reduced annual fee could have a significant While reducing the impact on many small approximately 100 percent ofits budget impact on the ability of these types of entities, the Commission agrees that the authority each year through fees meets the  ;

businesses to continue to operate. maximum annual fee of $1,800 for small thresholds for being considered " major" l To alleviate the continuing significant entities, when added to the part 170 license under the SBREFA. Therefore, in compliance impact of the annual fees on a substantial with the law, this small entity compliance number of small entitles, the NRC considered jees, may continue to have a significant Impact on, materials hcensees with annual guide has been prepared for FY 1997. The alternatives,in accordance with the RFA. purpose of this guide is to assist small 8m85 r8C8tPts in the thousands of dollars.

These altematives were evaluated in the FY Therefore, as in FY 1992-1996, the NRC is entities in complying with the NRC fee rule.

l 1991 rule (56 FR 31472; July 10,1991) in the Proposing to continue the lower. tier small This guide is designed to aid NRC FY 1992 rule (57 FR 32691; July 23,1992). entity annual fee of $400 for small entities matertals licensees. The information in the FY 1993 rule (58 FR 38666; July 20, with relatively low gross annual receipts. The provided in this guide may be used by 1993); in the FY 1994 rule (59 FR 36895; fuly I wer-tier small entity fee of $400 also licensees to determine whether they qualify 20,1994);in the FY 1995 rule (60 FR 32218; applies t manufacturing concerns, and as a small entity under NRC tegulations and June 20,1995) and in the FY 1996 rule (61 educadonal institutions not State or publicly are therefore eligible to pay reduced f.Y 1997 FR 16203; April 12,1996). The alternatives 8uPPorted, with less than 35 employees. This annual fees assessed under 10 CFR part 171.

i considered by the NRC can be summarized I wer. tier small entity fee was first Licensees who meet NRC s size standards for as follows' established in the final rule published in the a small entity must complete NRC Form 526

-Base fees on some measure of the amount Federal Register on April 17,1992 (57 FR in order to qualify for the reduced annual fee.

of radioactivity possessed by the licensee 13625) and now includes manufacturing NRC Form 526 will accompany each annual (e.g., number of sources). companies with a relatively small number of fee invoice mailed to materials licensees. The

-Base fees on the frequency of use of the employees. completed form, along with the appropriate licensed radioactive matertal(e.g., volume small entity fee payment copy of the invoice.

I of patients). flf. Summary should be mailed to the U.S. Nudear

-Base fees on the NRC size standards for The NRC has determined the 10 CFR part Regulatory Commission. License Fee and small entities. 171 annual fees significantly impacts a Accounts Receivable Branch, PO Box 954514.

substantial number of small entities. A St. Louis, MO 63195-4514.

! The NRC has reexamined the FY 1991- The NRC,in compliance with the 1996 evaluations of these alternatives. Based maximum fee for small entities strikes a Regulatory Flexibility Act of 1980 (RFA), has l on that reexamination, the NRC continues to balance between the requirement to collect 100 percent of the NRC budget ar.d the established separate annual fees for those believe that establishment of a maximum fee for small entities is the most appropriate requirement to consider means of reducing materials licensees who meet the NRC's size option to reduce the impact on small entities. the impact of the fee on small entities. On the standards for small entities. These size The NRC established, and is proposing to basis of its regulatory dexibility analyses, the standards, developed in consultation with continue for FY 1997, a maximum annual fee NRC concludes that a maximum annual fee the SmallBusiness Administration,were of $1,800 for small entities and a lower tier revised by the NRC effective May 11,199i for small entities. The RFA and its The smail entity site standards are found in implementing guidance do not provide small entity annual fee of $400 for small businesses and not.for-profit organizations 10CFR 2.8to of the NRC's regulations. To specific guidelines on what constitutes a comply with the RFA, the NRC has significant economic impact on a small with gross annual receipts of less than established two tiers of small entity fees.

entity. Therefore, the NRC has no benchmark 5350.000, small governmental jurisdictions to assist it in determining the amount or the with a population of less than 20.000, small These fees are found in to CFR 171.16(c) of l

percent of gross receipts that should be manufacturing entities that have less than 35 the fee regulations, charged to a small entity. For FY 1997, the employees and educational institutions that NitC Definition of Small fintity NRC will rely on the analysis previously are not State or publicly supported and have less than 35 employees reduces the impact The NRC has defined small entity in

> completed that established a maximum consultation with the Small Business annual fee for a small entity and the amount on small entities. At the same time, these Administration. The definition is codged in l of costs that mustbe recovered from other reduced annual fees are consistent with the obloctives of OBRA-90. Thus, the proposed NRC's regulations at to CFR 2.810. Under the f NRC licensees as a result of establishing the NRC regulation, small entities are:

maximum annual fees. fees for small entities maintain a balance l

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8906 - Ftdsrd Register / Vol 62, No. 39 / Thursday, February 27, 1997 / Proposed Rules

. LICENSEES WILL NOT lie ISSUED A NEW

1. Small business-a for profit concern that Approximately 900 licensees pay the small INVulCE FOR Ti!E REDUCED AMOUNT.

entity fee of $1.800 while 500 Ikenwes pay provides a service or a concern not engaged The completed form. the payment of the in manufacturing with average gross receipts the lower. tier small entity fee of $400 dPpropriate small entity fee. arJ the of 55 million or less over its last 3 completed Insreuctions for Completmg NRC Fonn R6 Payment Copy , of the invoice should be fiscal years, 1. File a separate NRC Form 526 for each maiIed to the OS Nuclear Regulatory

2. Manufacturing industry-a Commission. License Fee and Accounts manufacturing concern with an average annual fee invoice receiveo.

2. Complete aU items on NRC form 526 as Recewable Branch. P.O. Box 954514, St.

number of 500 or fewer employees based Louis, MO rma en follows:

upon employment durmg each pay period for 5. Que%ons regarding fee bills may be

a. The license number and invoke number the preceding 12 calendar months; must be entered exactly as they appear on the posed nr ally or in writing Please call the I

3. Small organization-a not.for. profit licensing fee staff at 301-4154554 or write annual fee invoia. to the U.S. Nuclear Regulatory Commission, organization which is independently owned b. The Standard Industrial Classification and operated and has annual gross receipts Washington, DC 20555. Attention: Office of of $5 million or less; (SIC) Code should be entered if it is known.

c. The licensee's name and address must be the Chief Financial Officer,

4. Small governmental jurisdiction-a entered as they appear on the invoice. Name lFR Doc. 97-4704 Filed 2-26-97; 8 45 ami government of a city, county, town, and/or address changes for billing purposes l township, village, school district or special must be annotated on the inveice. Correcting awNG CooE M9W  !

district with a population of less than 50.000; the name and/or address on NRC Form 526 l

5. Small educational institution-an or on the invoice does not constitute a educational institution supported by a request to amend the license. Any request t DEPARTMENT OF TRANSPORTATION qualifying small governmental jurisdiction, amend a license are to be submitted to the or one that is not state or publicly supported respective licensing staffs in the NRCNational HighwayTraffic Safety and has 500 or fewer employees.'

Regional or Headquarters Offices. Administration l' NRC Small Entity fees d. Check the appropriate size standard

• The NRC has established two tiers of small under which the hcensee qualifies as a small 49 CFR Part 571 entity fees for licensees that qualify under the entity. Check one box only. Note the NRC's size standards. Currently, these fees foHowing: [ Docket No. 94-97: Notice 2]

[1)The size standards apply to the  ;

are as follows: licensee, not the individual authorized users RIN 2127-AF40 Mammum listed in the license. Federal Motor Vehicle Safety annual (2) Cross annual receipts as used in the fee per h,- size standards includes all revenue in Standardsl Roof Crush Resistance censed whatever form received or accrued from Nationalliighway Traffic I category whatever sources. not solely receipts from AGENCY:

Safety Administration (NHTSA),

licensed activines.

Small Business Not Engaged in (3) A hansee who is a subsidiary of a large Department of Transportation.

Manufactunng and Smalt Not- ""*Y * * " ' " * "'*"*"'" ACTION: Notice of proposed rulemaking For Profit Organizations (Gross *""* '" '*" *

(NPRM). _

Annual Receipts): empowered to act on behalf o'f the entity,

$350,000 to $5 mdhon . $1,800 must sign and date the small entity

SUMMARY

This document proposes to Less than $350.000 400 " reviso the test procedures in Standard Manufactunng entities that have h RC sends invoices to its licensees No. 216, Roof Crush Resistance to make an average of 500 employees for the full annual fee, even though some them more suitable to testing vehicles O' ES8; entitles qualify for reduced fees as a small with highly sloped roofs or raised roofs.

35 to 500 employees 1,800 entity. Licensees who qualify as a small The current test procedure is intended ss than o entity and file NRC Form 526, which certifies to test the strength of the roof over the

. , u sdhtions eligibility for small cntity fees may pay the reduced fee, which for a' full year is either driver. It involves lowering a large test l

t onal ti on 51,800 or s400, for each fee category shown plate, inclined forward at a five degree angle, to an initial contact point near the I 20,000 to 50,000 . 1,800 nt . Li eesYranted a1 ense du ing he leading edge of the roof. However, when Less tnan 20.000 . - 400 nrst six months of the fiscal year and the procedure is performed on certain l Educational institutions that are licensees who file for termination or for a rounded, aerodynamically-shaped roofs not State or Pubhcly Supported' possession only license and permanently that may themselves slope at more than and have 500 Empoyees o' cease licensed activities during the first six months of the fiscal year pay only 50 percent five degrees, small differences in test Less:

35 to 500 employees t,800 oi the annual fee for that year. Such an plate angle result in considerable Less than 35 employees . .

400 invoice states the " Amount Billed Represents variability in the location of the initial 50% Proration." This means the amount due contact Point thus reducing the To pay a reduced annual fee, a h.censee from a small entity is not the prorated repeatability of the test results. ,

must use NRC Form $26, enclosed with the amount shown on the invo ce but rather one. Similarly, for vehicles with raised, fee bill, to certify that it meets NRC's size half of the maximum annual fee shown on irregularly shaped roofs (such as some, t standards for a small entity. About 1.400 NRC Form 526 for the size standard under converted vans), the initial contact pom hcensees certify each year that they qualify which the licensee qualifies resulting in a fee may not be above the driver,but on the as a small entity under the NRC size of (either $900 or $2001 for each fee category raised rear portion of the roof,behind standards and pay a reduced annual fee. billed instead of the full annual fee of $1.800 the driver, or $400.

4. A new small entity form is required i This proposal addresses these 8 An educational institution referred to in the size be filed with the NRC each fiscal year in Problems by 8Pecifying the use of a standards is an entity whose prirnary function 18 .

• d"C*U n. Wh088 programs are accredited by a order to qualify for redacad fees for that smaller test plate for use on vehicles on i Escal year. Because a licensee's " size " or the which the use of the current larger test nationally recognized accrediting agency or g g

' association. who la legally authorized to provide a size standards, may change from year to year, program of organized instruction or study, who P t the invoice reflects the full fee and a new point behind the driver. The reanvard provides an aducational program for which it i

awards acadernic degrees, and whose educational form must be completed and returned for the edge of the smaller test plate will be fee to be reduced to the small entity fee, prograrns are available to the public.

hf S (

United States Nuclear Regulatory Commission Office of Public Affairs l Washington. DC 20555 Phone 301-415-8200 Fax 301-415-2234 Internet:opa@nrc. gov l

No.97-035 FOR IMMEDIATE RELEASE (Thursday. February 27, 1997)

NRC PROPOSES TO AMEND LICENSING.

INSPECTION AND ANNUAL FEES The Nuclear Regulatory Commission is proposing to amend the licensing, inspection and annual fees charged to its license applicants and licensees.

l The proposed amendments implement the requirements of the Omnibus Budget Reconciliation Act of 1990 which mandates that the NRC recover ap3roximately 100 percent of its budget authority -- less appr priations from t1e Nuclear Waste Fund -- in fiscal years 1990 through 1998 assessing license and annual fees.

The Commission's budget authority for fiscal year 1997 is $476.8 million, of which about $11 million has been a>propriated from the Nuclear Waste Fund, and $3.5 million from the General rund, for activities related to commercial vitrification of waste stored at the Department of Energy's Hanford, Washington site. Both activities are excluded from licensee fee revenues by law. This leaves a budget of approximately $462.3 million which, NRC must collect in fees. The total amount to be recovered remains unchanged from fiscal year 1996. However, the distribution of the amount between licensing and inspection fees and annual fees would change.

In the proposed rule. NRC is increasing the fiscal year 1997 annual fees approximately eight percent above those for fiscal year 1996 due to a decrease l in licensing and inspection fees, and a decrease in the number of licenses.

The 1997 annual fees are:

-- $2,972.000 for power reactor licensees, from $2.746.000 in fiscal year 1996:

l -- $57.200 for nonpower (research and test) reactor licensees, from

$52,800 in fiscal year 1996:

-- $2.600,000 for high-enriched urcnium fuel facility licensees, from

$2.403.000 in fiscal year 1996:

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-- $1.276.000 for low-enriched fuel fabrication facility licensees which ,

manufacture fuel for nuclear power plants, from $1.179.000 in fiscal year l 1996:

-- $14.000 for radiographers, from $13.000: and

-- $23.500 for broad scope medical licensees, from $21.700:

The Commission's proposed amendments also include revisions to hourly rates charged for the reactor and nuclear materials programs, as well as revisions to licensing application and amendment fees to reflect the agency's ,

cost of reviewing these documents. . I 1

Written comments on the proposed amendments to Parts 170 and 171 of the I Commission's regulations should be received by March 31. They should be l addressed to the Secretary U.S. Nuclear Regulatory Commission. Washington. . l D.C. 20555-0001. Attention: Docketing and Services Branch. The proposed amendments were published in the Federal Register on February 27 l

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-- $1.276.000 for low-enriched fuel fabrication facility licensees which manufacture fuel for nuclear power plants, from $1.179.000 in fiscal year 1996:

I -- $14.000 for radiographers, from $13.000; and

-- $23.500 for broad scope medical licensees, from $21.700:

1 The Commission's proposed amendments also include revisions to hourly rates charged for the reactor and nuclear materials programs, as well as revisions to licensing application and amendment fees to reflect the agency's cost of reviewing these documents. .

l Written comments on the proposed amendments to Parts 170 and 171 of the Commission's regulations should be received by March 31. They should be addressed to the Secretary. U.S. Nuclear Regulatory Commission. Washington. .

D.C. 20555-0001. Attention: Docketing and Services Branch. The proposed amendments were published in the Federal Register on February 27.

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