ML20212K652

Discusses Regulatory History Procedures Re Revision of Fee schedules,100% Fee Recovery,Fy 1999 (10CFR170 & 171)

ML20212K652
Person / Time
Issue date:	04/29/1999
From:	Mendiola D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Gerard Jackson NRC OFFICE OF THE CONTROLLER
Shared Package
ML20138F537	List: ML20212K338 ML20212K347 ML20212K357 ML20212K364 ML20212K374 ML20212K394 ML20212K420 ML20212K433 ML20212K439 ML20212K449 ML20212K470 ML20212K481 ML20212K527 ML20212K538 ML20212K552 ML20212K554 ML20212K567 ML20212K573 ML20212K576 ML20212K583 ML20212K593 ML20212K604 ML20212K626 ML20212K634 ML20212K644 ML20212K648 ML20212K652 ML20212K733
References
FRN-64FR15876, RULE-PR-170, RULE-PR-171 AG08-1-035, NUDOCS 9910060346
Download: ML20212K652 (30)

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,g- UNITED STATES g p g ,j NUCLEAR REGULATORY COMMISSION

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April 29, 1999 (p

MEMORANDUM TO: Glenda Jackson, LFARB/DAF/OCFO r;F D.' / ^ (f /.

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s. . the Commission Paper transmitting the draft rule to the Commission or the memorandum transmitting the rule to the EDO for approval the transcript or sunnary of the Connission meeting or briefing on consideration of the draft rule

. the Staff Requirements memo containing the Connission recommendations on the draft rule

. the Federal Register Notice for the rule (Petition for Rulemaking, Advanced Notice of Proposed Rulemaking, Notice of Proposed Register noticeRulemaking, Finalthe issued concerning Rule, rule or any)other Federal

. any other documents of central relevance (e.g. interagency correspondence, agreement state correspondence)

Documents that fall within any of the above categories must be typewritten rather than handwritten to permit conversion into microfiche by the Document Control System (DCS). If the only record of substantive office review comments on a draft rule are contained as handwritten annotations on the draft itself, the Project Manager should summarize these connents in a typed note to the file.

2. At the completion of a particular_rulemaking action, i.e.

publication of the proposed or final rule, the project manager shall compile an index of all documents that comprise the reblatory history file. The Project Manager is responsible for identifying a source of access for each document listed.

For internal documents, this will require the Project Manager to ascertain whether each document listed is available in the DCS. The Project Manager must ensure that any internal document not already available in the DCS is'placed in the DCS, and that the record's accession number is identified for each document on the index. In the case of published documents (e.g. NUREGS, NTIS publications, books, articles, etc.), it will be sufficient to include the bibliographic citation for that document. The Project Manager sheil forward the completed index to the Rules and Procedures Branch, Office of Administration, within sixty days after the completion of the rulemaking. The title of the

-index, and the file, should be the name of the rule and applicable NRC citation (e.g. 10 CFR Part 50) as it appears in the Federal Register notice, the Federal Register citation and date of publication.

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.0ffice of Administration The Rules and Procedures Branch, Office of Administration, will be responsible for ensuring that a completed index of the documents comprising the regulatory history has been compiled for each proposed and final rulemaking. The Rules and Procedures Branch is also responsible for retaining the index and for disseminating copies of the index to interested NRC offices.

OlgaseWRian).Dirtks William J. Dircks I Executive Director for Operations 1

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'- 15876 Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules i NUCLEAR REGULATORY Public Document Room. 2120 L Street and the General Fund. For FY 1999, the COMMISSION NW (Lower Level), Washington, DC NRC's budget authority is $469.8 l 20555-0001. Comments received may million, of which $17.0 million has 10 CFR Ports 170 and 171 also be viewed and downloaded been appropriated from the NWF. In electronically via the interactive addition, $3.2 million has been RIN 3150-AG08 l rulenaaking website established by tne appropriated from the General Fund for l

Revision of Fee Schedules; 100% Fee NRC for this rulemaking. activi.ies related to regulatory reviews Recovery, FY 1999 FOH FURTHER INFORMATION CONTACT: and other assistanw provided to the Glenda Jackson. Office of the Chief DOE and other Federal agencies. The AGENCY: Nuclear Regulatory Financial Officer. U.S. Nuclear NRC's FY 1999 Appropriations Act Commission. Regulatory Com. mission, Washington, states that this $3.2 appypriation shall ACTION: Proposed rule. DC 20555-0001, Telephone 301-415- be excluded from license fee revenues.

6057. Therefore, the NRC is required to collect

SUMMARY

The Nuclear Regulatory approximately $449.6 million in FY SUPPLEMENTARY INFORMATION:

Commission (NRC)is proposing t , 1.11ackground. 1999 through 10 CFR part 170 licensing amend the licensing, inspection. and  !!. Proposed Action, and inspection fees and to CFR part 171 annual fees charged to its apphcants  !!!. Plain Language. annual fees. The total amount to be and licensees. The proposed IV. Environmental Impact: categorical recovered in fees for FY 1999 is $5.2 l

amendments are necessary to Exclusion. million less than the amount estimated implement the Omnibus Budget V. Paperwork Reduction Act Statement, for recovery in the NRC's FY 1998 fee Reconciliation Act of 1990 (OBRA-90). VI. Regulatory Analysis

• rule as amended. which mandates that the Fl

- igulat rf )exibility 515- Analysia. The reduced budgeted costs to be NRC recover approximately 100 percent recovered through fees for FY 1999 of its budget authority in Fiscal Year I. Background reflect several actions taken by the NRC.

Public Law 101-508, the Omnibus These actions include strategic fr r i S le r teF.n (N F) Budget Reconciliation Act of 1990 planning. downstzmg, and a mGre and the General Fund. The amount to be (OURA-90), enacted November 5,1990, aggressive policy on seekmg recovered for FY 1999 is approximatelv reimbursement for performmg services S 49.6 miljion.

requires that the NRC recover proximately 100 percent of its budget that are not a required part of the DATES:The comment period expires authority, less the amount appropriated agency's statutory mission. For example, May 3.1999. Comments received after from the Department of Energy (DOE) for FY 1999, the NRC entered into an this date will be considered if it is administered Nuclear Waste Fund agreement with the U. S. Agency for practical to do so, but the NRC is able (NWF). for FYs 1991 through 1995 by International Development to fund to ensure only that comments received assessing fees. OBRA-90 was amended NRC's staff costs associated with on or b9te this date will be in 1993 to extend the NRC's 100 percent providing nuclear safety assistance to considesd. Because OBRA-90 requires fee recovery requirement through 1998. the countries of the former Soviet that NRC collect the FY 1999 fees by in 1998 OBRA-90 was amended to Union. As a result, NRC licensees are September 30,1999, requests for extend the NRC's 100 percent fee not required to pay for the costs of this extensions of the comment period will recovery requirement through FY 1999, activity in FY 1999. These costs were not be granted. The NRC assesses two types of fees to previously included in NRC's budget ADDRESSES: Mail written comments to: recover its budget authority. First, authority and the costs were roco ered Secretary. U.S. Nuclear Regulatory license and inspection fees, established through annual fees assessed to NRC Commission, Washington, DC 20555- at to CFR part 170 undes . authority licensees.

l 0001. ATTN: Rulemakings and of the Independent Offices The NRC estimates that Adjudications Staff. Hand deliver Appropriation Act of 1952 (IOAA),31 approximately $107.7 million will be comments to: 11555 Rockville Pike. U.S.C. 9701, recover the NRC's costs of recovered in FY 1999 from fees assessed Rockvule. Maryland 20852, between providing individually identifiable under Part 170 and other receipts.

, 7:30 am and 4:15 pm Federal workdays. services to specific-applicants and compared to $94.6 million in FY 1998.

(Telephone 301-415-1678). Comments licensees. Examples of the services The increase from FY 1998 is primarily l

i may also be submitted via the NRC's provided by the NRC for which these due to increased Part 170 collections l interactive rulemakir g website through fees are ass'essed are the review of largely attributable to changes in I the NRC home page lhttp:# applications for the issuance of new Commission policy included in the FY www.ntc. gov). From the NRC licenses, approvals or renewals, and 1998 final fee rule, such as billing full homepage. select "Rulemaking" from amendments to licenses or approvals. cost under Part 170 for resident the tool bar. The interactive rulemaking Second, annual fees, established in 10 inspectors, and a $4.1 million carryover website can then be accessed by CFR part 171 under the authority of from additional collections in FY 1998 l selecting "Rulemaking Forum". This OBRA-90, recover generic and other that were unanticipated at the time the

! site provides the ability to upload regulatory costs not recovered through final FY 1998 fee rule was published. In i

comments as files (any format) if your 10 CFR part 170 fees. addition to the estimated Part 170 i web browser supports that function. For .

collections and other receipts, the NRC

11. Proposed Action estimates a net adjustment of information about the interactive rulemaking site, contact Ms. Carol The NRC is proposing to amend its approximately $2.1 million for l Callagher. 301-415-5905: e-mail licensing, inspection, and annual fees to payments received in FY 1999 for FY CAG@nrc. gov. recover approximately 100 percent of its 1998 invoices. The remaining $339.8 Copics of comments received and the FY 1999 budget authority, inc!cding the million would be recovered in FY 1999 agency workpapers that support these budget authority for its Office of the through the to CFR part 171 annual proposed cruges to 10 CFR parts 170 Inspector General, less the fees, which is approximately $20.4 and 171 may be examirad at the NRC appropriations received frem the NWF million less than in FY 1998.

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l~ Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15877 Tablo I summarizes the budget and fee l j

. recovery amounts for FY 1991 TABLE 1.-BUDGET AND FEE RECOVERY AMOUNTS FOR FY 1999 l Dol lars m Millions]

Total Budget .... .

5469.8 Less NWF - .__ . .. .. . - . . _ m..._ _

- 17.0 Less General Fund (Reviews for DOE and other Federal agencies) ..... ,

- 3.2 Total Fee Base .......

449.6 Less Part 170 Fees .

Less other receipts - - 103.5

., -42 Part 171 Fee Collections Required 341.9 Part 171 Billing Adjustment' j Unpaid FY 1999 invoices ......... _.. . . . . .

3.4 Less Payments received in FY 1999 for prior year invoices . - 5.5 ,

Subtotal . .---

Adjusted Part 171 Collections Required .

- 2."

339 6

'These adjustments are necessary to ensure that the " billed" amount results in the required collections. Positive amounts indicate arnounts billed that will not be collected in FY 1999.

Because the final FY 1999 fee rule A. Amendments to 10 CFR Pad 170: activities of the NRC. The term "special will be a " major" final action as defined Fees for Facilities, Materials, Import and benefits" includes services rendered at by the Small Business Regulatory Expod Licenses, and Other Regulatory the request of a recipient and all '

Enforcement Fairness Act of 1996, the Services Under the Atomic Energy Act services necessary to the issuance of a NRC's foes for FY 1999 would become of f 95L as Amended required permit, license, certificate.

effective 60 days after publication of the The NRC is proposing four major approval, or amendment, or other final rule in the Federal Register, amendments to 10 CFR part 170, and services necessary to assist a recipient ,

The NRC announced in the FY 1998 several administrative amendments to in complymg with statutory obligations j proposed rule that the final rule would update information in certain sections ""pd he C mjss as yo g )gu lb e

no longer be mailed to all licensees. and to accommodate the major proposed However, because the NRC is soliciting changes. These amendments further the f.

underlying basis for the regulatwn-that b The review of applications for and public comments on two potential the iss iance of licensing actions or annual fee schedules for FY 1999, the fees he assessed to applicants, persons, and licensees for specific identifiable oth FY 1999 final rule will be maileG :o all (b)abpovalo T review and approval of topical licensees. As a cost-saving measure, the services rendered. The amendments als reports:

NRC does not plan to routinely mail ly with the guidance in the (c) Preapplication consultations and future final fee rules to all licensees, but

'*"[erence n Committee Report on reviews; wi1I send the final rules to any h. cens" OBRA-90 that fees assessed under the (d) Inspections: and or other person upon request. As a lOAA recover the full cost to the NRC (e) The costs of maintaining resident matter of courtesy, the NRC will of identifiable regulatory services that continue to send the proposed fee rules each applicant or licenseo receives. infhItors.

remainder of NRC's budget I The major changes to 10 CFR part 170 authority is recovered through annual to all hcensees. proposed by the NRC are: fees assessed under part 171.

In addition to publication in the In the NRC's FY 1998 fee rulemaking.

' Federal Register, the final rule will be 1. Expanded Part 170 Cost Recovery steps were taken to more appropriately evallable on the internet at http:// The NRC is proposing to expand the recover costs for certain activities ruleforum.llnl. gov /. Copies of the final se pe of pan 170 to include incident through part 170 fees rather than rule will also be mailed upon request, investigations, performance assessments through part 171 fees. The NRC's To request a copy, contact the License and evaluations (except those for which proposals to further expand the scope of Fee and Accounts Receivable Branch, the licensee volunteers at NRC s request part 170 for FY 1999 would result in Division of Accounting and Finance' and which NRC accepts), reviews of cost recovery for additional activities Office of the Chief Financial Officer, at repmts and other submittals such as through part 170 fees rather than 301-415-7554, or e-mail us at re8Ponws to Confirmatory Action through part 171 fees.

Letters and full cost recovery for time t ,

j fees @nrc.py. It is our intent to publish ended by Pioject Managers. a, inspections the final rule in June of 1999. exhart 170 fees are based on Title Under V of this proposed change, part 170 The NRC is proposing to i..exe the IOAA, interpretations of that fees would be assessed for all changes to 10 CFR parts 170 and 171 as legislation by the Federal courts, and inspections, including licensee-specific l discussed in Sections A. and B. below: Commission guidance. These guidelines performance reviews, assessments, provide that part 170 fees may be evaluations and incident investigations.

assessed to persons who are identifiable Examples of activities that would be recipients of "special benefits" billable under part 170 are performance conferred by specifically identified assessme.as of fuel facilities Diagnostic s

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(15878 Federal Register /Vol. 64, No. 62/Thur: day, April 1,1999/Propo:ed Rul:s a m-t Evaluation Team assessments, and excluding leave and time spent on issuance of amendments specifically

.. Incident Investigation Team - generic activities such as rulemaking, be resulting from these orders. The primary investigations. Licensees who volunteer recovered through Part 170 fees assessed basis for the current policy is that fees

, to participate in a performance review to the specific applicant or licensee to could be perceived as additional fines to or assessment at NRC's request and which the project manager is assigned. the licensee, or in some cases, such as which the NRC accepts would be This change would be applicable to all when a licensee requests a hearing on ex:mpted from these part 170 fees. The licensees subject to full cost fees under an enforcement order, fees could be inspections that are proposed to be Part 170 and to which project managers viewed as a penalty for the licensee included in part 170 are "special are assigned. Currently, only project exercising its rights to challenge the ben; fits" provided to identifiable manager time spent on a specific NRC action. In addition, depending on

- recipients, whether or not an inspection licensing action or inspection is billed the licensees' responses, orders may report is issued. For example, incident under Part 170 and costs for the also be withdrawn or modified.

Investigations are investigations of remaining project manager activities are Moreover, in cases of misconduct, an significant operational events involving recovered in the Part 171 annual fees. order may be issued to the individual power reactors and other facilities. ' However, there are other project rather than the licensee. On the other Causes of the events are determined and manager activities that also support and hand, the development of orders and the corrective actions taken. Incident provide a direct benefit to the assigned review of responses to orders are Investigation Teams investigate events licensee or site. activities performed for specifically of potentially major significance. Examples of project manager activities identifiable recipients.

Although the investigations may result which would be included in the Part in some generic lessons, the 170 fee assessment are those associated Escalated Enfomement Actions investigations are primarily a direct with oversight of the assigned license or Although costs ofinspections forming service prewided to the specific licensee plant (e.g., setting work priorities, the basis for enforcement actions, except and cssist the licensee in complying planning and scheduling review efforts, those arising from an allegation, ere with NRC regulations. The costs of any preparation and presentations of currently recovered through Part 170 generic efforts that may result from the briefings for visits to NRC by utility fees assessed to the affected licensee, investigations, such as the development officials, interfacing with other NRC the costs for escalated enforcement of new regulatory requirements and offices, the public, and other Federal actions (i.e., the development and guidtnce, would continue to be and state and local government issuance of Notices of Violations and ,

recovered through part 171 annual fees, agencies, and visits to the assigned site orders imposing civil penalties) are not. I not through part 170 fees assessed to the for purposes other than a specific Part 170 fees are not currently assessed licensee. In addition, any time inspection), and training. Examples of for the escalated enforcement actions expended by our Office of Investigations project manager genetic activities that because they serve the generic purpose on these activities will be recovered would not be subject to fee recovery of industry-wide deterrence, in through part 171 fees. These proposed under Part 170 are rulemaking and the addition, some escalated enforcement part 170 fees would not apply to development of regulatory guides, actions are withdrawn. There also is mat: rials licenses for which no generic licensing guides, standard concern that in some cases the fee could inspection fee is specified in part 170 review plans, and generic letters and be much greater than the civil penalty.

bec:use the inspection costs are bulletins. If a project manager is which is intended to encourage a included in the part 171 annual fee for assigned to more than one license or licensee to comply with the NRC those fee categories. sito, costs for activities other than requirements. As with orders issued licensee-specific licensing or inspection under 10 CFR 2.202, fees could be

b. Additional Document Reviews activities would be prorated to each of newed as a penalty for the licensee l The NRC is also proposing to expand the licenses or sites to which the project exercising its rights to challenge the l the scope of part 170 to include reviews manager is assigned. The concept of full NRC action. However, escalated of documents submitted to the NRC that cost recovery for project managers is enforcement actions are activities do not require formal or legal approvals similar to the concept of full cost performed by the NRC which pertain to or emendments to the technical recovery for resident inspectors, which identifiable licensees.

specifications or license. Examples are was added to Part 170 in the FY 1998 2. Amendment Fees Based on Average certain financial assurance reviews, final fee rule (June 10,1998; 63 FR Cost

• reviews of responses to Confirmatory 31840).

Action Letters, reviews of uranium The NRC is proposing to revise 10 y recovery licensees

• land-use survey d. Other CFR 170.31 to eliminate the amendment l reports, and reviews of 10 CFR 50.71(e) The NRC is also soliciting public fees for small materials licensees that j final safety analysis reports (FSARs). comment in this proposed rule on are based on the average time to j part 170 fees are currently not assessed whether to include the development of complete the reviews (" flat" fees) and ,

tot these reviews because they do not orders, evaluation of responses to include the amendment processing costs l result in an approval or amendment, orders, development of Notices of in the Part 171 annual fees assessed to and the costs are recovered through part Violation (NOVs) accompanying the small materials licensees. This i 171 annual fees. Although no specific escalated enforcement actions, and proposal would continue the NRC's approvalis issued, reviews of these evaluation of responses to NOVs in nex* initiatives to streamline its fee program. i submittals are services provided by the . year's proposed fee rule. The costs of in a similar action, the inspection and {

NRC to identifiable recipients that assist these activities are curently recovered renewal fees for these licensees wero l them in complying with NRC through Part 171 annual fees. eliminated in the FY 1995 and FY 1996 i rrgulitions. fe rulemakings, respectively, and the i Orders and Related Activities costs included in the annual fees for  ;

c. Project luanager Time Currently, Part 170 fees are not thet,e categories of licensees.

( assessed for the development of orders Although approximately 2500 I Additionally, the NRC is proposing that til project managers time, issued under 10 CFR 2.202, or for the requests for amendments to small l

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,- Federal Register /Vol. 64. No. 62/ Thursday, April 1,1999/ Proposed Rules G 79 materials licenses are received and proposed amendments due to incorrect for FY 1998 rather than as overhead.

processed each year for fee recovery payments and would provide an The correction of that error in FY 1999 purposes, less than $900,000 in Part 170 efficient means of recovering these results in substantial increases in the fees is collected annually for these costs. The NRC believes that the hourly rates comparod to FY 1998, from l ' amendments. The number of efficiencies to be gained outweigh any $124 to $141 for the reactor program,

! .. amendments, as well as the Part 170 fee inequities that may result because not and from $121 to $140 for the materials collections, will decrease as more states all materials licenses are amended each program. This is the result of the i become Agreement States. fiscal year.

l The current approach for assessing lacreased overhead costs to be allocated If we do not adopt this approach, to the two programs, with fewer direct materials license amendment fees is amendment fees set forth in the final fee complex and labor mtensive. ITE to divide the costs among. In Approximately 25 percent of the rule would likely approxi.nate those set addition, the proportion of direct forth in the FY 1998 fee schedule, resources has shifted. The materials amendment requests are submitted with although there may be some variance as program now has a larger share.

incorrect fee payments. In the case of a result of the bienmal fee review Therefore, the materials program must

, underpayment, the licensee must be required by the Chief Financial Ofh.cors notified and the license amendment absorb more of the overhead and Act and the increase m the hourly rate held in abeyance until the correct fee is management and support costs.

for the matenals program desenbed received. In the case of overpayments, below. Because of the error in FY 1998, the refunds must be authorized and FY 1999 hourly rates are more processed through the Department of 3. Hourly Rates appmpriately compared to the FY 1997 the Treasury (Treasury). Because of The NRC is proposing to revise the hourly rates of $131 and $125 for the Treasury requirements that all Federal two professional hourly rates for NRC reactors and materials programs, payments (other than payments made staff time established in 5170.20. These respectively. Applying only the salary under the Internal Revenue Code of proposed rates would be based on the and benefit increases of 4.4 percent from 1986) made after January 1,1999, must number of FY 1999 direct FTEs and the FY 1997 to FY 1998, and 3.68 percent be made by electronic funds transfer, FY 1999 NRC budget, excluding direct from FY 1998 to FY 1999, would result information on the payee's financial Program support costs and NRC's in FY 1998 hourly rates of $137 for the institution and bank accounts must be appropriations from the NWF and the reactor program and $131 for the collected. General Fund. These rates are used to materials program, and 1999 hourly These administrative burdens for flat determine the Part 170 fees. The rates of $142 for the reactor program and amendment fees would be eliminated by proposed hourly rate for the reactor $136 for the materials program. This including the amendment costs in the program is $141 per hour ($250.403 per does not consider the shift that has .

Part 171 annual fee assessed to these direct FTE). This rate would be occurred in the proportion of direct  !

licensees. This would result in an applicable to all activities for which fees resources from the reactor program to estimated $900,000 being added to the are based on full cost under $ 170.21 of the materials program that results in the annual fees assessed to approximately the fee regulations. The proposed hourly materials program having a larger share 5700 materials licensees. rate for the nuclear materials and and therefore absorbing more of the Amendment fees for these licensees naclear waste program is $140 per hour overhead and management and support currently range from $160 for an (S248,728 per direct FTE). This rate costs.

amendment to a custom sealed source would be applicable to all activities for evaluation (fee category 9D) to $1,100 which fees are based on full cost under The method used to determine the for an amendment to a custom device $ 170.31 of the fee regulations. In the FY two professional hourly rates is as evaluation (fee category 9B). The 1998 final fee rule, these rates were I0ll W$:

ma}ority of the amendments are filed by $124 and $121, respectively. The FY a. Direct program FTE levels are licensees in fee category 3P, which 1998 rates representad a decrease from identified for both the reactor program includes licenses for possession and use FY 1997 of $7 per hour for the reactor and the nuclear material and waste of byproduct materialin industrial program from FY 1997, and $4 per hour program.

measuring systems and gas for the materials program.

chromatographs, and licenses for in. This proposed mcrease can be readily b. Direct contract support, which is mtro studies, and by licensees in fee explained. In calculating the proposed the use of contract or other services in category 7C, which covers most licenses FY 1999 hourly rates, the NRC staff a support of the line organization's direct for human use of byproduct, source, and discovered that a coding error in NRC s program,is excluded from the special nuclear matenal. The current budget, which is used in the calculation of the hourly rate because amendment fee for fee category 3P is developrr nt of fees, occurred for FY the costs for direct contract support are

$340; the current emendment fee for fee 1998. This coding error contributed to charged directly through the various category 7Cis $450. Although not all the hourly rate decreases for that year. categ ries f fe s.

materials licensees request amendments In addition, costs for direct FTEs and c. All other direct program costs (i.e.,

during a given fiscal year, overhead are calculated for the reactor Salaries and Benefits, Travel) represent epproximately 80 percent request at and materials programs and for the "in-house" costs and are to be allocated least one amendment over a five-year surcharge. Although the proposed FY by dividing them uniformly by the total

( period, and approximately 40 percent of 1999 hourly rates reflect an increase of number of direct FTEs for the program.

these licensees request multiple $17-519 per hour compared to FY In addition, salaries and benefits plus amendments during a five-year period. 1998, the error was in the reduced FY contracts for non-program direct In addition to streamlining the NRC 1998 hourly rate, not in the i icreased management and support, and the process, this proposed change would FY 1999 hourly rate. Specifically,134 Office of the Inspector General are eliminate the steps licensees currently FTE and approximately $10 million in allocated to each program based on that take to submit the payments for their contract support for regional program's direct costs. This method amendment requests. It would also management and support were results in the following costs which are eliminate any delays in approving erroneously coded as direct resources included in the hourly rates.

15880 Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules TABLE II.-FY 1999 BUDGET AllTHORITY TO BE INCLUDED IN HOURLY RATES l

Reactor pro- Matenals gram program Direct Program Salaries and Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . $99.2m . $26.4m Overhead Salaries and Benefits, Program Travel and Other Support . $54.1m . $15.0m Allocated Agency Management and Support . $104.2m . .. $28.1m Subtotal . $257.5m . $69 Sm Less offsetting receipts . .1 m.

Total Budget included in Houriy Rate $257.4m . $69.5m Program Direct FTEs . 1,028.0 .. 279.7 Rate per Direct FTE .... ..... _. . . - . . . . . . . - . . . .

$250.403 . $248,728 Professional Hourty Rate (Rate per direct FTE dmded by 1,776 hours0.00898 days <br />0.216 hours <br />0.00128 weeks <br />2.95268e-4 months <br />) - $141 $140 As shown in Table 11 above, dividing actions should be increased in some 5. Administrative Amendments the 5257.4 million (rounded) budget for categories and decreased in others t a. The NRC is proposing to amend the reactor, program by the reactor reflect the costs mcurred in completing S 170.2, Scope, and $ 170.3, Definitions, program duect FTEs (1,028) results m,a the licensing actions. The data for the to specifically include Certificates of rate for the reactor program of $250,403 average number of professional staff Compliance (Certificates) issued per FTE for FY 1999. The Direct UE hours needed to complete licensing pursuant to Part 76. The NRC issued Hourly Rate for the reactor pro ram action were last updated in FY 1997 (62 two Certificates pursuant to Part 76 to

{,u b$4 \

hour roun to the FR 29194; May 29,1997). Thus, the revised average professional staff hours the United States Enrichment calculated by dividing the cost per Corporation fo,r operation of th,e two reflect the changes in the NRC licensing gaseous diffusion uramum enrichment direct FTE ($250,403) by the number of review Pr gram that have occurred plants located at Paducah, Kentucky, productive hours in one year (1,776 sinco FY 1997. The proposed licensm, g and Piketon, Ohio. This proposal would hours) as set forth in the revised OMB Circular A-76, " Performance of fees ree based on the revised average add Part 76 certificates to the definiti,on Commercial Activities." Dividing the Professional staff hours needed to of Materials License in $ 170.3 (Uranium

$69.5 million (rounded) budget for the Process the licensing actions multiplied enrichment facilities are elready defined nuclear materials and nuclear waste by the proposed professional hourly rate in S 170.3). These proposed changes are for FY 1999. admimstrative changes to clarify the l program by the program direct FTEs (279.7) results in a rate of $248,728 per 8Pplicability of Part 170 fees to these The proposed licensing fees reflect an Certificates.

FTE for FY 1999. The Direct FTE Hourly increase in average time for new license b. The NRC is proposing to revise the Rate for the materials program would be applications for 20 of the 33 materials definition ofInspection, to specifically

$140 per hour (rounded to the nearest fee categories included in the biennial ic ude performance assessments, whole dollar). This rate is calculated by review, a decrease in avera8e time for 8 ,

evaluations, and incident investigations.

dividing tIie cost per dt' rect FTE fee categories, and the same average This change is needed to incorporate

($248,728) by the number of productive time for the remaining 5 fee categories- NRC's proposal to include these The average time for expon and import activities in Part 170.

ny ro$es lo$al ours exYe ded on or after the effective date of the final new licen6e APPli cations and c. The NRC is proposing to revise the amendments remained the same for 6 definition of Spacial projects to includc rule would be assessed at the FY 1999 fee categ ries in $S 170.21 and 170.31, financial assurance submittals, heurly rates, and decreased for 4 fee categories- responses to Confirmatory Action

4. Fee Adjustments The amounts of the materials Letters, uranium recovery licensecs' The NRC is proposing to adjust the licensing " flat" fees were rounded so land-use survey reports, and 10 CFR current Part 170 fees in $5170.21 and that the amounts would be de minimis 50.71 final safety analysis reports in the 170.31 to reflect both the changes in the and the resulting flat fee would be list of examples of documents submitted revised hourly rates and the results of convenient to the user. Fees under f r review that would be subject to the biennial review of Part 170 fees $1,000 are rounded to the nearest $10. 8Pecial project fees. This change is required by the Chief Financial Officers Fees that are greater than $1,000 but less needed to incorporate NRC's proposal to (CFO) Act. To comply with the than $10c,000 are rounded to the include the review of these documents requirements of the CFO Act, the NRC in Part 170.

nearest $100. Fees that are greater than has evaluated historical professional d. The NRC is proposing to revise

$100.000 are rounded to the nearest 6170.5, Communications, to indicate staff hours used to process a new license $1'000' application for those materials licensees that all communications concerning Part whose fees are based on the average cost The proposed licensing " flat" fees are 170 should be ai tressed to the Office of method (flat fees). This review also applicable to fee categories K.1 through the Chief Financial Officer rather than included new license and amendment K.5 of S 171.21, and fee categories 1.C. the Executive Director for Operations.

applications forimport and export 1.D. 2.B. 2.C, 3.A through 3.P. 4.B Effective with the January 5,1997, NRC licenses. through 9.D,10.B.15.A tbrough 15.E, reorganization, the Executive Director  ;

Evaluation of the historical data and 16 of S 171.16. Ap}ications filed on for Operations no longer serves as the shows that the fees based on the average or after the effective date of the final Chief Financial Officer. The Chief l number of professional staff hours rule would be subject to the revised fees Financial Officer has been delegated {

needed to complete materials licensing in this proposed rule, authority to exercise all authority vested I

l , .

, ,, Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15881 in the Commission under 10 CFR parts annual fees assessed to materials equitably and practicably contribute to 170 and 171. licensees; their payment." As in the past, these l e. The NRC is proposing to delete the 3. Revise tne two 10 CFR part 170 costs would be allocated to the entire current exemption in 6170.11(a)(11) hourly rates: and population of NRC licensees that pay which eliminates amendment fees for 4.1(evise the licensing fees assessed annual fees, based on the amount of the amendments to change the name of the under 10 CFR part 170 to comply with budget directly attributable to a class of Radiation Safety Officer for portable the CFO Act's requirement that fees be licensees. This results in a higher gauge licenses issued in accordance revised to reflect the cost to the agency. percentage of these costs being allocated with NUREG-1556, t Volume 1. This and to reflect the revised hourly rates. to operating power reactor licensees as I proposed rulo would eliminate the 3. Amendments to 10 CFR Part 171: opp sed to other classes oflicensees. l requirement for amendment fees for Annual Fees for Reactor Licenses, Fuel The major proposed changes to Part l these licenses and thus the exemption Cycle Licenses and Afaterials Licenses, 171 are in the following areas. l

. he NR p posing to add I" " .nBIfolders ofCertificote8 / 1. Reactor Decommissioning / spent Fuel 170.11(a)(12) to provide an exemption l

Comp iance, Registmtwns, and Quality Storage  ;

A88Umnce PT Brom Approvals, and '

from Part 170 fees for those licensee. The NRC is proposing to revise 10 specific performance assessments or f,g[rnment Agencies Iscensed by the CFR 171.15 to establish a spent fuel evaluations for which the licensee storage / reactor decommissioning annual volunteers at NRC's request. This The NRC proposes three major fee to be assessed to all Part 50 power change would accommodate NRC's amendments to 10 CFR part 171 and reactor licensees, regardless of their proposal to include performance several administrative amendments to operating status, and to those Part 72 assessments and evaluations in Part 170, update information in certain sections licensees who do not hold a Part 50 except those for which the licensee and to incorporate the major proposed license. The full amount of the FY 1999 I voluntect: at NRC's request and which changes. These major changes would annual fee would be billed to those Part i are accepted by the NRC. result in annual fees being assessed to 50 licensees who are in a

g. The NRC is proposing to revise licensees previously exempted from decommissioning or possession only 5170.12, Payment of Fees, to reflect the annual fees, increased annual fees for status upon publication of the FY 1999 NRC's proposals to expand Part 170 to some licensees, and decreased annual final rule. Payment would be due on the include performance assessments, .ees for other licensees. To address effective date of the FY 1999 rule. For evaluations, and incident investigations, concerns about potential significant fee operating power reactors and those Part reviews of reports and other documents, increases for certain categories of 72 licensees who do not hold a Part 50 licensees, the NRC is presenting tw }

and full cost recovery for project license, the new fee would be added to managers. This section would also be annual fee options for public comment, the fourth uarter FY 1999 annual fee revised to delete references to as described in 2. below. The bill. Any a justments for prior f amendment fees that are not based on Commission will determine which payments during FY 1999 would be full cost to reflect the NRC's proposal to option to incorporate in its final rule made in accordance with 6171.19(b).

elimtnate these foes from Part 170 and after evaluating public comments. The current annual fees in 10 CFR  !

include the costs in the Part 171 annual .The proposed changes are consisteht 171.16 for Part 72 licenses for i fee for these materials licensees. with our statutory mandate: that is, independent spent fuel storage would Section 170.12(h), Method of charging a class of licensees for NRC be eliminated.

Payment, would be redesignated as costs attributable to that class of This proposed change would affect 170.12(f) and revised to specify the licensees. The changes are consistent NRC annual fee olicies:

information the NRC needs to issue with the Congressional guidance in the two (a) existinfor Costs generic and ot$er refunds. This change is necessitated by Conference Committee Report on activities related to dry storage of spent new Treasury requirements that were OBRA-90, which states that the fuel that are not recovered through Part effective January 1,1999. " conferees contemplate that the NRC 170 licensing and inspection fees are in summary, the NRC is proposing to: will continue to allocate generic costs recovered through Part 171 annual fees

1. Assess Part 170 fees, for hcenses that are attributable to a given class of assessed to all Part 72 licensees; and subject to Part 170 full cost fees, to licensees to such class" and the (b) Part 171 annual fees are not recover costs for all plant or licensee- " conferees intend that the NRC assess assessed to reactor licensees in specific inspections, including the annual charge under the principle decommissioning or possession only performance reviews, assessments, that licensees who require the greatest status. Power reactor licensees who are evaluations, and incident investigations. expenditures of the agency's resources in a decommissioning or possess!on reviews of reports and other documents, should pay the greatest annual fee" (136 only status would, for the first time, be and all of the project managers' time Cong. Rec. at H12692-93). Costs not subject to Part 171 annual fees for their excluding time spent on generic attributable to a class of licensees would Part 50 license. However, these activities and leave time; be allocated following the conferees' licensees currently pay an annual fee for

2. Eliminate " flat" amendment fees guidance that "the Commission should any Part 72 license they hold.

for materials licenses and recover the assess the charges for these costs as the current policy has raised three amendment costs through Part 171 broadly as practicable in order to concerns:

minimize the burden for these costs on (a) The fee structure could create a  ;

i copie. of NUREcs may be purchased from the any licensee or class of licensees so as disincentive for licensees to pursue dry Reproduction and Distribution Section, Office of to establish as fair and equitable a stora e:

RYg$tNrf$m"*mI..$o s'bihon"'rYzosss-system as is feasible." (136 Cong, Rec. (b) The fairness of assessing multiple enot. copies are also available from the National at H12692-3). The Conference Report annual fees if a licensee holds multiple Technical Information Service, s28s port Royal guidance also provides that:"Th :e ISFSI licenses for different designs; and Road. Springfield. VA 22161. A copy is also (c) Not all affected licensees are being expenses may be recovered from such IublIc uYe'nNo$"n.'zt.$trN. I er licensees as the Commission, in its assessed the costs of NRC's generic teil. wa binston. oc. discretion, determines can fairly, decommissioning activities.

'15882 Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules The NRC announced in the FY 1998 has been loaded into the generally- magnitude of the budget allocated to a proposed fee rulemakin (April 1,1998, licensed ISFSI). If a licensee holds more specific class of licensees. If either 63 FR 16046) and final rulemaking . than one Part 72 license, for example, a condition occurred, the annual fee base

- (June 10,1998,63 FR 31840), that it Part 72 generallicense and a Part 72 would be mcalculated. The percentage

. planned to reexamine the current specific license for two different change would be adjusted based on canual fee exemption policy for designs. they are assessed an annual fee changes in 10 CFR Part 170 fees and  ;

licensees in decommissioning or for each dcense. Under the proposed other adjustments as well as on the 1 holding possession only licenses and change, only one annual fee would be number of licensees paying the fees.

the annual fee policy for reactors' charged. This method of determining annual fees storage of spent fuel and include any Costs for generic activities associated is the " percent change" method. The FY changes to the current fee policies in the with storage of spent fuel in the spent 1996. FY 1997, and FY 1998 annual fees FY 1999 fee rulemaking. One purpose of fuel pool (wet storage) are currently were based on the percent change the review was to assure consistent fee included in the annual fee assessed to method.

treatment for both wet storage (i.e., operating power reactors because the }

Rek8eh. .mng spent fuel pool) and dry storage (i.e., Part 50 licenses cover this storage. Thus, j independent spent fuel storage if a Part 50 licensee is in The NRC believes that it is installations (ISFSis)) of spent fuel. The decommissioning and stores spent fuel appropriate to establish new baseline Commission previously determined that in the spent fuel pool,it is not assessed fees for FY 1999 based on the program both storage options are considered safe an annual fee On the other hand,if a changes that have taken place since the

• - and acceptable forms of storage for Part 50 licensee is in decommissioning baseline fees were established in FY spent fuel. Under current fee and stores spent fuel in an ISFSI,it is 1995, including those resulting from the regulations, Part 50 licensees in assessed an annual fee for each Part 72 agency's strategic planning efforts, decommissioning who store spent fuel ISFSI license used, downsizing, reorganization of agency in the spent fuel pool are not assessed Section 171.15 would be revised to resources, and the proposed addition of an annual fee, but licensees who store include the spent fuel storage / reactor a new annual fee class (spent fuel spent fuel in an ISFSI under Part 72 are decommissioning annual fee to be storage / reactor decommissioning) as ass"ssed an annual fee. The proposed assessed to Part 50 power reactor previously described. In addition, there l change would give equivalent fee licensees and those Part 72 specific have boca several fee policy changes treatment to both storage options, licensees who do not hold a Part 50 since FY 1995. Fee policy changes As indicated previously, Part 171 license. The annual fees in S 171.16 for include the elimination of renewal fees annual fees are not currently assessed to fee categories 1B ond 13B would be in FY 1996 for most materials licensees.  !

reactor licensees who have notified the eliminated. This change would not the proposed elimination of amendment i NRC that they no longer want an NRC affect the manner in which licensing fees for these licensees in FY 1999, and license and have permanently ceased and inspection costs are recovered (i.e., the inclusion of these costs in the  ;

operations. This policy is based on the Part 170 fees would still be assessed to materials licensees' annual fees, premise that the primary benefit the Part 72 licensees and to Part 50 R ehning Opnor.s NRC provides a licensee is the authority licensees in decommissioning or to use licensed facilities or material. possession only status for licensing and The NRC is specifically seeking Although NRC's generic inspection services). The NRC would public comment on two optional i decommissioning activities support continue to include the costs for generic rebaselining methods for establishing both licenses authorizing operations and decommissioning / reclamation costs for the FY 1999 armual fees:

those limited to decommissioning or nonpower reactors, fuct facilities, Option A, rebaselining without a cap:

possession only, today only licensees materials, and uranium recovery and ,

with an operating license bear these licensees in the surcharge assessed to Option B, rebaselining with a cap so costs. This becomes a larger problem for operating licensees, including operating that no licensee's annual fee increases operating licensees because, as the power reactors. more than 50 percent from FY 1998.,

Option A would result in a reductwn number of operating licensees declines,

2. Annual Fees in annual fees from FY 1998 of the financial burden on the remairdng active licensees increases. Thus, the The NRC is proposing to establish approximately 6.8 percent for each oposed rule is intended to ensure that new baseline annual fees for FY 1999. operating power reactor, which includes I power reactor licensees who benefit The annual fees in 55171.15 and 171.16 the proposed spent fuel storage /

from NRC's generic activities bear a fair would be revised for FY 1999 to recover decommissioning annual fee to be assessed to these licensees, and portion of these costs relating to approximately 100 percent of the FY dacommissioning of reactors. 1999 budget authority,less fees reductions of approximately 7 to 49 With regard to spent fuel storage, collacted under 10 CFR part 170 and percent for certain materials licensees.

holders oflicenses issued under Part 72 funds appropriated from the NWF and However, annual fees would increase for ISFSis are currently assessed annual the General Fund. The total amount to dramatically for certain other licensees.

fees for each Part 72 license they hold. be recovered through annual fees for FY For example, rebaselining without a cap Part 72 covers both general and specific 1999 is $339.8 million, compared to would result in an increase of licenses. Part 72 generallicenses are 5360.2 million for FY 1998. approximately 112 percent for ranted to licensees who hold a Part 50 In the FY 1995 final fee rule (June 20, conventional mills for extraction of icense. Part 72 s ecific licenses must be 1995; 60 FR 32218), the NRC stated that uranium from uranium ores,212 applied for and tf>eir issuance is not it would stabilize annual fees as follows. perceat for solution mining licensees, f contingent upon the licensee holding a For FY 1996 through FY 1999, the 120 percent for transportation cask Part 50 license. Because the Part 72 NRC would adjust the annual fees only users, and up to approximately 57 general licenses are issued by regulation by the percentage charge (plus or percent for certain other materials to all Part 50 licensees, these licenses minus) in NRC's tott.1 budget authority licensees. Factors contributing to the are subject to annual fues only when unless there was a substantial change in annual fees increases are changes in they have been used (i.e, once spent fuel the total NRC budget authority or the budgeted costs for those classes of

I..

(- Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15883

/.

licensees, the increased hourly rates, affected fee categories if all else remains operating power reactors, the net result decreases in the numbers of licensees the same. In addition, rebaselining of Option B would be a reduction of and, for the smaller materials licenses, reflects the renewal and amendment approximately 6.75 percent in annual the results of the biennial review of Part costs that would be included in the fees for FY 1999 for operating power 170 fees required by the CFO Act. The annual fee for these materials licensees, reactors compared to a reduction of biennial review shows that the average which were not included in FY 1995. approximately 6.95 percent under number of professional hours to conduct Option B would also result in annual Option A, a difference of approximately inspections and to review new license fee decreases for FY 1999 for operating $6,000 for each power reactor. The applications for materials licenses power reactor licensees and certain decreases under both options include increased for some fee categories and matenals licensees and increases for other licensees. However, the increases the new spent fuel storage and reactor decreased for other fee categories. The decommissioning annual fee to be j average time to conduct inspections and would be no more than 50 percent of the the average time to review new license assessed to operating power reactor FY 1998 annual fee. The decreases for applications for the smaller materials licensees. Other licensees whose certain licensees under Option B would license fee categories are used to rebaselined annual fees do not increase be slightly less than under Option A allocate the materials budget for because the 50 percent cap on annual by 50 percent or more would also pay rebaselining the annual fees because fee increases would result in slightly more under Option B than they they reflect the complexity of the approximately $700,000 being added to w uld under Option A.

license. Increases in the average the annual fee assessed to other Table UI below shows the FY 1999 professional time for inspections and licensees who pay annual fees. Because proposed annual fees under both reviews of new license applications approximately 80 percent of the FY rebaselining options for representative result in increased annual fees for the 1999 surcharge would be assessed to categories of licensees.

Table Ill Proposed FY 1999 annual fee .

Class of hcensees Option A Option B (without a cap) (with a cap)

Power Reactors (including spent fuel storage / reactor decommissioning annual fee) . $2.769,000 $2.775.000 Spent fuel storage / reactor decommissioning . 199.000 199.000 Nonpower Reactors . ..-.. .. 85.900 85.600 High Ennched Uranium Fuel Facihty . 3,261,000 3.288.000 Lcw Enriched Uranium Fuel Faciinty . 1,100,000 1,103.000 UF. Conversion Facility . 472,000 473.000 Uranium Mills . _.. 131,000 92,100 Solution Mining . 109.000 52.100 Transportation:

Users and Fabncators . S6,700 66.800 Usera only . . . 2,200 1.500 Typical Matenals Licenses:

Radiographers . _ 14,700 14,700 Well loggers . . 9.900 10.000 Gauge users . . 2.600 2.500 Broad scope medical . ..... 27,800 27.800 Broad scope manufacturers . ~... 26.000 24.800

l. . The annual fees assessed to each class of licensees ini.ludes a surcharge to recover those NRC budgeted costs that are not directly or solely attributable to the classes of licensees but must be recovered from the hcensees to comply with the requirements of OBRA-90. The FY 1999 budgeted costs that would be recovered in the surcharge from all licensees are shown in Table IV.

TABLE IV-SURCHARGE FY 1999 budg-Category of costs eted costs

($.M) l 1. Activities not attnbutable to an existing NRC licensee or class of licensee:

a. International activities . 6.3 l

i b. Agreement State oversight . .

6.4

c. Low 4evel waste disposal genenc activities, and 4.1 l . . . . . - _

d. Site decommissiorJng management pian activities not recovered under Part 170 . .._ . . . . . . . 4.6

2. Activities not assesced Part 170 bcensing and inspection fees or Part 171 annual fees based on existing law or Commission policy:

a. Fee exemption for nonprofit education institutions . . ._.. . . _ .

6.9

b. Licensing and inspection activities associated with other Federal agencies 2.8 i

c. Costs not rocovered from small entities under 10 CFR 171.16(c) , 5.3

3. Activities supporting NRC operating licensees and others:

a. Regulatory support to Agreement States . 14.6 l

b. Cecommissioning/ reclamation, except those related to power reactors . 4.2 l

l l

t . . .

15884 Feder;l Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules

~

TABLE IV-SURCHARGE-Continued FY 1999 budg-Category of costs eted costs

($, M)

Total Budgeted Costs 55.2 The NRC would continue to allocate the surcharge costs, except LLW surcharge costs, to each class of licensees b: sed on the percent of budget for that class. The NRC would continue to allocate the LLW surcharge costs based on the volumn disposed by the certain classes of licensees. The proposed surcharge costs allocated to each class are included in the annual fee that would be assessed to each licensee. The FY 1999 surcharge costs that would be allocated to each class of licensee are shown in Table V.

TABLE V.-ALLOCATION OF SURCHARGE LLW s' :harge Non-LLW surcharge Total sur- I charge Percent 5,M Percent $,M $,M Operating power reactors 74 3.0 80.3 41.0 44.0 Spent fuel storage / reactor decommissioning .. 6.3 3.2 3.2 Nonpower reactors 0.1 0.0 0.0 Fuel facihties - 8 0.4 5.0 2.6 2.9 Materials users - . . . . 18 0.7 5.9 3.1 3.8 Tr:.nsportation . 1.0 0.5 0.5 RLre earth facihties . 0.1 0.0 0.0 Uranium recovery . . . . . 1.3 0.7 0.7 Total Surcharge . 4.1 51.1 55.2 The budgeted costs allocated to each month of the license and payment The FY 1999 budgeted costs of cliss of licensees and the calculation of would be due on the date of the invoice. approximately 516.3 million to be the rebaselined fees are described in 3. In addition to comments on the recovered in annual fees assessed to the and 4. below. The workpapers which rebaselining method for determining FY fuel facility class is allocated to the support this proposed rule show in 1999 annual fees, public comments are individual fuel facility licensees based detail the allocation of NRC budgeted also being sought on whether the NRC on the revised matrix. The revisions to resources for each class of licensee and should, in future years, continue to use the matrix take into account changes in how the fees are calculated. The the percent change method and process operadons at certain fuel workpapers may be examined at the rebaseline fees every several years as facilities. The revised matrix also NRC Public Document Room,2120 L established in the FY 1995 fee rule explicitly recognizes the addition of the Street NW (Lower Level), Washington, statement of considerations, or return to uranium enrichment plants to the fee DC 20555-0001, a Pohcy of rebasehmng annual fees base and a reduction of three licensees every year. ( B&W Parks Township, B&W Research Because the final FY 1999 fee rule and General Atomic) as the result of the will be a", major final action as defined 3. Revi ed Fuel Cycle and (Jranium Recovery Matrixes termination of licensed activities. In the by the Small Business Regulatory revised matrix (which is included in our Enforcement Fairness Act of 1996, the The NRC is proposing to use revised workpapers that we are making public),

NRC's fees for FY 1999 would become matrixes in the determmation of annual licensees are grouped into five effective 60 days after publication of the fees for fuel facility and uramum categories according to their licensed fin 1 rule in the Federal Register. The recovery licensees. As part of the activities (i.e., nuclear material rebaselining efforts, the NRC ,s i . erations and NRC will send an invoice for the amount of the annual fee upon pr p sing to use a revised matnx enrichment, material form) andprocessing accor o[ing to the publication of the FY 1999 final rule to depicting the categorization of fuel level, scope, depth of coverage and rigor reictors and major fuel cycle facilities. facility an,d uranium recovery licenses of generic regulatory programmatic by authonzed material and use/ activity effort applicable to each category from For these licensees, payment would be and the relative programmatic effort safety and safeguards perspectives. This due on the effective date of the FY 1999 ass ciated with each category. i ruls. Those materials licensees whose rnethodology can be applied to license anniversary date during FY 1999 a. Fuel Facility Matrix determine fees for new licensees, falls before the effective date of the final The NRC is proposing to use a revised current licensees, licensees in unique FY 1999 final rule would be billed license situations, and certificate fuel facility matrix based on the during the anniversary month of the commensurate level of regulatory effort holders. j license and continue to pay annual fees related to the various fuel facility The methodology is amenable to I at the FY 1998 rate in FY 1999. Those categories from both safety and changes in the number of licensees or mtterials licensees whose license safeguards perspectives. The revised certificate holders, licensed-certified i

' anniversary date falls on or after the matrix results in the annual fees more material / activities, and total l effective date of the final FY 1999 final accurately reflecting our current costs of programmatic resources to be recovered rule would be billed at the FY 1999 providing generic and other regulatory through annual fees. When a license or revised rates during the anniversary services to each fuel facility type. certificate is modified, given that NRC

~, .

Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15885 recovers approximately 100 percent of fee for those remaining in the fee into the matrix. The matrix depicts the  !

its generic regulatory category, categorization of licensees / certificate l through fee recovery, program coststhis fuel facilityis applied as The methodology holders by authorized material types I fue methodology may result in a change follows. First, a fee category is assigned and use/ activities and the relative in fee category and may have an effect based on the nuclear material and programmatic effort associated with

)

1 on the fees assessed to other licensees activity authorized by license or each category. The programmatic effort and certificate holders. For example, if certificate. Although a licensee / (expressed as a value in the matrix) a fuel facility licensee amended its certificate holder may elect not to fully reflects the safety and safeguards risk license / certificate in such a way that it utilize a license / certificate, the license / significance associated with the nuclear resulted in them not being subject to certificate is still used as the source for material and use/ activity, and the Part 171 fees applicable to fuel facilities, determining authorized nuclear material commensurate generic regulatory the budget for the safety and/or possession and use/ activity. Next, the program (i.e., scope, depth and rigor).

safeguards component would be spread category and license / certificate The effort factors for the various among those remaining licensees / information are used to determine subclasses of fuel facility !icensees are certificate holders, resulting in a higher where the licensee / certificate holder fits as follows:

Effort factors l No. of facdities

)

Safety Safeguards High Ennched Uranium Fuel . 2 91 (33.1%) . 76 (54.7 %)

Ennchment . _ . 2 70 (25.5%) . 34 (24.5 %) ,

Low Ennched Uranium Fuel. 4 88 (32.0%) . 24 (17.3 %)  !

UF6 Conversion ._- . 1 8 (2.9%) ... 3 (2.2%)

Limited Operations Facdity . 1 12 (4.4%) . .3... . 0(0%) )

Others . 1 6 (2.2%) - . f 2 (1.4%)

l These effort factors are applied to the establishing the annual fees for the program are activities related to facility l

$16.3 million total armual fee amount. conventional mills, solution mining operations and those related to facility This amount includes the low level uranium mills, and mill tailings closure:

waste (LLW) surcharge and other disposal facilities. The revised matrix (4) Each of the major program suicharges allocated to the fuel facility reflects NRC's significantly mcreased class. elements was further divided into three efforts related to groundwater concerns subelements;

b. Uranium Recovery Matrix for in. situ licenses and its somewhat increased efforts related to groundwater (5) The three major subelements of Of the $2.1 million total budgeted concerns for conventional mills. The generic activities related to uranium costs allocated to the uranium recovery revised matrix also reflects an increase facility operations are activities related class to be recovered through annual in regulatory efforts related to waste to the operation of the mill, activities fees, approximately $870.000 would be operations for in situ licenses. The related to the handling and disposal of assessed to the DOE to recover the costs matrix has also been updated to reflect waste, and activities related to associated with DOE facilities under the the changes in the number of licensees prevention of groundwater Uranium Mill Tailings Radiation within each fee category. The number of contamination. The three maior Control Act of 1978 (UMTRCA). The conventional mills has decreased from 4 subelements of generic activities related remaining 51.3 million would be in FY 1995 to 3 in FY 1999 and the to uranium facility closure are activities recovered through annual fees assessed number of licensees in the solution related to decommissioning of facilities to conventional mills, solution mining mining fee category has increased by 1. and cleanup of land, reclamation and uranium mills, and mill tailings The methodology for establishing Part closure of the tallings impoundment.

disposal facilities. Because the proposed 171 annual fees for uranium recovery and cleanup of contaminated FY 1999 annual fees would result in licensees has not changed: groundwater. Weighted factors were certain uranium recovery licensees (!) The methodology identifies three assigned to each program element and going from an annual billing process categories of licenses: conventional subelement.

based on the anniversary date of their uranium mills, solution mining uranium license to quarterly billing, those The applicability of the generic mills, and mill tailings disposal licensees would be billed upon program in each subelement to each facilities. Each of these categories publication of the final FY 1999 rule for benefits from the generic uranium uranium recovery category was the balance of the full FY 1999 annual qualitatively estimated as either recovery program; fee. Payment of the balance of the FY (2) Tlie matrix relates the category and s gnificant, some, minor, or none.

1999 annual fee would be due on the the level of benefit, by program element The resulting relative weighted factor effective date of the FY 1999 rule. and subelement; per facility for the various subclasses The NRC is proposing to revise the (3) The two major program elements and the proposed FY 1999 annual fee matrix established in FY 1995 for of the generic uranium recovery for each are as follows:

l Level of beneht Number of fa- Total weight

. cdities Category weight Value Percent l l Class I facdities . I 3 770i 2310l 31

'. . 1 15886 Federal Register /Vol. 64. No. 62/ Thursday. April 1,1999/ Proposed Rules f

Level of benefit Number of fa- Total weight  !

cilities Category weight Value Percent Class 11 facilities : 7 645 4515 61

,11e(2) disposal -  :.. 1 475 475 6 11e(2) disposal incidental to existing tailings sites 2 75 150 2

4. Annual Fee Determination for Other to be recovered in annual fees assessed ~ under Option A or $1,500 under Option  !

Classes to the approximately 5700 diverse B for holders of approved quality material users and registrants, the NRC assurance plans for use only. The

]

c. Power Reactor Licensees has continued the methodology used in proposed FY 1999 annual fees for The approximately $267.3 million in FY 1995 to establish baseline annual holders of approved quality assurance budgeted costs to be recovered through fees for this class. The annual fee is plans for design, fabrication, and use annual fees assessed to operating power based on the Part 170 application fees would be $66,700 under Option A, or rractors would be divided equally and an estimated cost for inspections. $66,800 under Option B.

cmong the 104 operating reactors. This Because the application fees and ..

results in a proposed FY 1999 annual 5. Admimstrative Amendments inspection costs are indicative of the fee of $2,570,000 per reactor under complexity of the license, this approach a. Section 171.13 would be amended Option A, or $2,576,000 under Option continues to provide a proxy for to establish an annual fee for power  !

B. In addition, each operating reactor allocating the generic and other reactors in a decommissioning or i would be assessed the proposed spent regulatory costs to the diverse categories possession only status.

fuel storage / reactor decommissioning of licensees based on how much it costs b. Section 171.15 would be revised to annual fee, which for FY 1999 is NRC to regulate each category. The fae as follows:

$199,000 for each power reactor. This calculation also continues to consider (1) The heading for S 171.15 would be would result in a total FY 1999 annual the inspection frequency (priority), revised to read: Section 171.15 Annual  ;

fee of $2,769.000 under Option A, or which is indicative of the safety risk and Fees: Reactor licenses and independent '

l

$2,775.000 under Option B, for each resulting regulatory costs associated spent fuel storage licenses operating power reactor. with the categories of licensees. The (2) Paragraph (b) of S 171.15 would be

b. Spent Fuel Storage / Reactor annual fee for these categories of revised in its entirety to establish the FY Decommissioning licensees is developed as follows: 1999 annual fees for operating power For FY 1999, bud8eted costs of Annualfee=(A PPlication reactors, power reactors in ,

Fee + (Average Inspection Cost divided decommissiomng or possession only approximately $24.8 million are to be by inspection Priority)) multiplied by status, and Part 72 licensees who do act recovered through annual fees assessed the constant + (Unique Category Costs). hold Part 50 licenses. Fiscal year to Part 50 power reactors and to Part 72 The consto i. is the multiple necessary references would be changed from FY licensees who do not hold a Part 50 1998 to FY 1999. The activities license. The costs would be divided to recovery ! 1.nillion W is 1.3 for FY 1999. The imi comprising the base annual fees and the equally among the 125 licensees, any special costsatbue category the NRC has costsadditional are charge (surcharge) are listed budgeted for a specific category of in 6171.15(b) and (c) for convenience of $199 00 fo each censee under licensees. For FY 1999, umque cost of purposes.

both Option A and Option B. approximately $955,400 were identified Each operating power reactor would

c. Nonpower Reactors for the medical development program pay an FY 1999 annual fee of $2.769,000 which is attributable to medical under Option A or $2,775,000 under Budgeted costs for FY 1999 of approximately $343,400 are to be licensees. The proposed annual fees for Optmn B, which includes the proposed each fee category under Option A and annual fee of $199,000 for spent fuel recovered from four nonpower reactors Option B are shown in 5171.16(d). storage / reactor decommissioning. Each subject to annual fees. This results in a Power reactor in decommissiomng or pro osed FY 19J9 annual fee of $85,900 f. Transportation p ssessi n only status and each Part 72 un er Option A, or $85,600 undes .

Of the approximately $3.6 milh.on m licensee who does not hold a Part 50 Option B' FY 1999 budgeted costs to be recovered license would pay the spent fuel

d. Rare Earth Facilities through annual foes assessed to the storage / reactor decommissioning annual The FY 1999 budgeted costs of transportation class of licensees, fee of $199,000 under Option A or a proximately $91,200 for rare carth approximately $870.000 wodd be Option B in FY 1999.

facilities to be recovered through annual recovered from annual fees assessed to (3) Paragraph (e) of $ 171.15 would be fees would be spread uniformly among DOE based on the number of Part 71 revised to show the amount of the FY the three licensees who have a specific Certificates of Compliance DOE holds. 1999 annual fee for nonpower (test and license for receipt and processing of Of the remaining S2.7 million, research) reactors. The NRC would source material. This results in a approximately to percent would be continue to grant exemptions from the proposed annual fee of $30,400 under allocated to holders of approved quality annual fee to Federally-owned and Option A, or $30,500 under Option B for assurance plans authorizing use, and State-owned research and test reactors each rare earth facility, approximately 90 percent would be that meet the exemption criteria allocated to holders of approved quality specified in 8171.11(a)(2).

c. Materials Users assurance plans authorizing design, (4) Paragraph (f) of 5171.15 would be To equitably and fairly allocate the fabrication, and use. This results in revised to change fiscal year date

$30.5 million in FY 1999 hudgeted costs proposed FY 1999 annual fees of $2,200 references.

, , 1 Federcl Register /Vol. 64 No. 62/ Thursday, April 1,1999/ Proposed Rules 15887 l

c. Section 171.10 would be amended current proration provision of $ 171.17. any annual fee payments already made as follows: For example, those new materials for that fiscal year based on the (1) Section 171.16(c) covers the fees licenses issued during the period anniversary month billing process. For assessed for those licensees that can October 1 through March 31 of the FY FY 1999, me anniversary date billing ,

qualify as small entitles under NRC size would be assessed one-half the annual process applies to those materials {

standards. A materials licensee may pay fee in effect on the anniversary date of licenses in the following fee categories: I a reduced annual fee if the licensee the license. New materials licenses 1C,1D, 2A(2) Other, 2A(3), 2A(4), 2B, {

qualifies as a small entity under the issued on or after April 1,1999, would 2C,3A through 3P,4A through 9D.10A, NRC's size standards and certifies that not be assessed an annual fee for FY and 10B. For annual fee purposes, the it is a small entity using NRC Form 526. 1999. Thereafter, the full annual fee anniversary date of the materials license This section would be revisod to clarify would be due and payable each is considered to be the first day of the that failure to file a small entity subsequent fiscal year on the month in which the original materials certification in a timely manner could anniversary date of the license, license was issued. For example,if the form the basis for the denial of any . Beginning June 11,1996 (the effective original materials license was issued on refund that would otherwise be due. date of the FY 1996 final rule), affected June 17 then, for annual fee purposes.

The NRC would continue to assess two materials licensees are subject to the the anniversary date of the materials fees for licensees that qualify as small annual fee in effect on the anniversary license is June 1 and the licensee would entitles under the NRC's size standards. date of the license. The anniversary date continue to be billed in June of each in general, licensees with gross annual of the materials license for annual fee year for the annual fee in effect on June receipts of $350,000 to $5 million would purposes is the first day of the month in 1. Materials licensees with anniversary pay a maximum annual fee of $1,800. A which the original license was issued. dates in FY 1999 before the effective second or lower-tier small entity fee of d. Section 171.19 Payment, would be date of the FY 1999 final rule would be

$400 is in place for small entitaas with amended as follows: billed during the anniversary month of gross annual receipts ofless than (1) Sectior.171.19(b) would be revised the license and continue to pay annual

$350,000 and small governmental to update the fiscal year references, to fees at the FY l ' to in FY 1999.

jurisdictions with a population of less include a billing process for those Those materials hi aseos with license than 20.000. No change in the amount licensees whose annual fee for the. anniversary dates falling on or after the of the small entity fees is being previous fiscal year was based on the effective date of the FY 1999 final rule proposed because the small entity fees anniversary date of the license and would be billed at the FY 1999 revised are not based on budgeted costs but are whose revised annual fee for the current rates during the anniversary month of established at a level to reduce the fiscal year would be based on quarterly their license. Payment would be due on impact of fees on small entities. The billing, and to give credit for partial the date of the invoice.

small entity fees a re shown in the payments made by certain licensees in The NRC reemphasizes that the proposed rule for t.'avenience. FY 1999 toward their FY 1999 annual annual fee will be assessed based on (2) Section 171.16(S would be fees. The NRC anticipates that the first, whether a licensee holds a valid NRC revised to establish the FY c annual second, and third quarterly payments license that authorizes possession and fees for materials licensees, including for FY 1999 will have been made by use of radioactive material.

Govermnent agencies, licensed by the operating power reactor licensees and la summary, the NRC is proposing to:

NRC. The amount or range of the some large materials licensees before the 1. Establish a new spent fuel storage /

proposed FY 1999 annual fees for final rule becomes effective. Therefore, reactor decommissioning annual fee in materials licenses range from $600 for a the NRC would credit payments 10 CFR 171.15, and eliminate the license authorizing the use of source received for those quarterly annual fee current annual fee in 10 CFR 171.16 for material for shielding, to 527,800 for a assessments toward the total annual fee independent spent fuel storage licenses.

license of broad scope for human use of to be assessed. The NRC would adjust The proposed annual fee would be byproduct, source, or special nuclear the fourth quarterly invoice to recover assessed to all Part 50 power reactor material. Because of rounding, the fees the full amount of the revised annual fee licensees, including those in for most materials licensees would be or to make refunds, as necessary, decommissioning or possession only the same under Option A and Option B. Payment of the annual fee is due on the status, and to those Part 72 licensees The proposed annual fee for the date of the invoice and interest accrues who do not hold a Part 50 license;

" master" materials licenses of broad from the invoice date. However, interest 2. Establish new baseline annual fees scope issued to Government agencies would be waived if payment is received for FY 1999. Because the rebaselined

$351,000 under Option A or Option B. within 30 days from the invoice date. fees would result in significant (3) Footnote 1 of $ 171.16(d) would be (2) Section 171.19(c) would be revised increases for some licensees, the NRC is amended to provide a waiver of the to update fiscal year references seeking public comment on two annual fees for materials licensees, and As in FY 1998, the NRC woue potential methods for establishing the holders of certificates, registrations, and continue to bill annual fees for most FY 1999 annual fees: (1) rebaseline the approvals, who either filed for materials licenses on the anniversary fees without a cap on fee increases, or termination of their licenses or date of the license (licensees whose (2) rebaseline the acnual fees with a cap approvals or filed for possession only/ annual fees are $100,000 or more would so that no licensees

• annual fee storage only licenses before October 1, continue to be assessed quarterly). The increases more than 50 percent from FY 1998, and permanently ceased licensed annual fee assessed would be the fee in 1998;and activities entirely by September 30, effect on the license anniversary date, 3. Use revised matrixes for allocating 1998. All other licensees and approval unless the annual fee for the prior year the fuel facility and uranium recovery bolders who held a license or approval was less than $100.000 and the revised budgeted costs to licensees in those fee an October 1,1998, would be subject to annual fee for the current fiscal year is classes.

the FY 1999 annual fees. $100,000 or more. In this case, the Holders of new licenses issued during revised amount would be billed to the III. Plain Language FY 1999 would be subject to a prorated licensees upon publication of the final The Presidential Memorandum dated annual fee in accordance with the ' rule in the Federal Register, adjusted for June 1,1998, entitled, " Plain Language

m-

", iS888 Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules in Government Writing," directed that the Courts enabled the Commission to discretion, determines can fairly, .

the Federal government's writing be in develop fee guidelines that are still used equitably, and practicably contribute to plain language (63 FR 31883: June 10, for cost recovery and fee development their payment.

1998). The NRC requests comments on purposes. In addition, the NRC's FY 1999 this proposed rule specifically with The Commission's fee guidelines were appropriations language provides that respect to the clarity and effectiveness upheld on August 24,1979, by the U.S. $3.2 million appropriated from the of the language used. Comments on the Court of Appeals for the Fifth Circuit in General Fund for activities relatud to language used should be sent to the Afississippi Power and Light Co. v. U.S. regulatory reviews and other assistance NRC as indicated under the ADDRESSES Nuclear llegulatoly Commission, 601 provided to the Department of Energy heading. F.2d 223 (5th Cir.1979), cent. denied, and other Federal agencies be excluded 444 U.S.1102 (1983). The Court held from fee recovery.

IV. Environmental Impact: Categorical 10 CFR Part 171, which estab'dshed Exclusion that-(1) The NRC had the autbrity to annual fees for operating power reactors The NRC has determined that this recover the full cost of providing effective October 20,1986 (51 FR 33224:

proposed rule is the type of action services to identifiable beneficiaries: September 18,1986), was challenged described in categorical exclusion 10 (2) The NRC could properly assess a and upheld in its entirety in Florida CFR 51.22(c)(1). Therefore, neither an fee for the costs of providing routine Power and Light Company v. United environmental impact statement not an inspections necessary to ensure a States,846 F.2d 765 (D.C. Cir.1988),

environmental impact assessment has licensee's compliance with the Atomic cert. denied,490 U.S.1045 (1989).

been prepared for the proposed Energy Act and with applicable The NRC's FY 1991 annual fee rule regulation. By its very nature, this regulations: was largely upheld by the D C. Circuit regulatory action does not affect the (3) The NRC could charge for costs Court of Appeals in Allied Signalv.

environment, and therefore, no incurred in conducting environmental NRC,988 F.2d 146 (D.C. Cir.1993).

environmental justice issues are raised. reviews r utred by NEPA: VII. Regulatory Flexibility Analysis V, Paperwork Reduction Act Statement cos f nc t ted hear n df The NRC is required by the Omnibus This proposed rule contains no administrative and technical support Budget Reconciliation Act of1990 to information collection requirements services in the fee schedule: recover approximately 100 percent of its and, therefore,is not subject to the (5) The NRC could assess a fee for budget authority through the assessment requirements of the Paperwork renewing a license to operate a low- of user fees. OBRA-90 further requires Reduction Act of 1995 (44 U.S.C. 3501 level radioactive waste burial site: and that the NRC establish a schedule of et seq.). (6) The NRC's fees were not arbitrary charges that fairly and equitably r capricious, allocates the aggregate amount of these VI. Regulatory Analysis With respect to 10 CFR part 171. on charges among licensees.

With respect to 10 CFR part 170, this November 5,1990, the Congress passed This proposed rule establishes the proposed rule was developed pursuant Public Law 101-508, the Omnibus schedules of fees that are necessary to to Title V of the Independent Offices Budget Reconciliation Act of 1990 implement the Congressional mandate Appropriation Act of 1952 (IOAA)(31 (OBRA-90) which required that for FYs for FY 1999. The proposed rule would U.S.C. 9701) and the Commission's fee 1991 through 1995, approximately 100 rosult in increases in the annual fees guidelines. When developing these percent of the NRC budget authority be charged to certain licensees and holders guidelines the Commission took into recovered through the assessment of of certificates, registrations, and account g-ddance provided by the U.S. fees. OBRA-90 was amended in 1998 to approvals, and decreases in annual fees Supreme Court on March 4,1974,in its extend the 100 percent fee recovery for others. The Regulatory Flexibility decision of National Cable Television requirement for NRC through FY 1999. Analysis, prepared in accordance with 5 Association, Inc. v. United States, 415 To accomplish this statutory U.S.C. 604, is included as nppendix A U.S. 36 (1974) and Federal Power requirement, the NRC, in accordance to this proposed rule. The Small Ccmmission v. New England Power w th 6171.13,is publishing the Businesr. Regulatory Enforcement Company,415 U.S. 345 (1974). In these proposed amount of the FY 1999 annual Fairness Act of 1996 (SBREFA) was decisions, the Court held that the IOAA fees for operating reactor licensees, fuel signed into law on March 29,1996. The authorizes an agency to charge fees for cycle licensees, materials licensees, and SBREFA requires all Federal agencies to special benefits rendered to identifiable belders of Certificates of Compliance, prepare a written compliance guide for persons measured by the "value to the :egist ations of sealed source and each rule for which the agency is recipient" of the agency service. The devices and QA program approvals, and required by 5 U.S.C. 604 to prepare a meaning of the IOAA was further Covernment agencies. OBRA-90 and the regulatory flexibility analysis.

clarified on December 16,1976, by four Conference Committee Report Therefore, in compliance with the law, decisions of the U.S. Court of Appeals Attachment 1 to the Regulatory for the District of Columbia: National sp(ecifically state that-1) The annualFlexibility fees beAnalysis based on thesmall entity is the Cable Television Association v. Federal Commission's FY 1999 budget of $469.8 compliance guide for FY 1999.

Communications Commission,554 F.2d million less the amounts collected from VIII.Backfit Analysis .

1094 (D.C. Cir,1976): National Part 170 fees and the funds directly Association of Bmadcasters v, Fedeml appropriated from the NWF to cover the The NRC has determined that the Communications Commission,554 F.2d NRC's high level waste program; backfit rule,10 CFR 50.109, does not l 1118 (D.C. Cir.1976); Electronic (2) The annual fees shall, to the apply to this proposed rule and that a Industries Association v. Federal maximum extent practicable, have a backfit analysis is not required for this l

Communications Commission. 554 F.2d reasonable relationship to the cost of proposed rule. The backfit analysis is l 1109 (D.C. Cir.1976) and Capital Cities not required because these proposed regulatory services provided by the Communication, Inc. v. Federal Commission; and amendments do not require the Coma unications Commission,554 F.2d modification of or additions to systems, (3) The annual fees be assessed to 1135 O.C. Cir 1976). These decisions of those licensees the Commission, in its structures, components, or the design of

4 Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15889  ;

I a facility or the design approval or implementation of safety issues. A non- Washington, DC 20555-0001.

manufacturing license for a facility or routine or reactive inspection has the Communications may be delivered in the procedures or organization required same purpose as the routine inspection: person at the Commission's offices at (3) Reviews and assessments of 11555 Rockville Pike, Rockville, MD.  :

to design, construct or operate a facility. I licensee erformance; 5. In 6170.11, paragraph (a)(11)is List of Subjects. (4) Eva nations, such as those removed and reserved and paragraph 10 CFIlPart 170 performed by Diagnostic Evaluation (a)(12)is added to read as follows:

Te or $ 170.11 Exemptions.

Byproduct material, import and x c dent investi 8ations*

export licenses Intergovernmental * * * * *

(,) . . .

relations, Non-payment penalties, (12) A performance assessment or Afaterials license means a license, Nuclear materials Nuclear power plants evaluation for which the licensee c.nd reactors, Source material, Special certificate, approval. registration, or volunteers at the NRC's request and nuclear material, other form of permission issued by the which is sal -*sd by the NRC.

NRC under the regulations in to CFR * ~

10 CFli Part 172 - parts 30,32 through 36,39,40,61,70, 6. Section 170.12 is revised to read as Annual charges, Byproduct material, 71,72 and 76.

• * * *

• I II *8:

Holders of certificates, registrations.

epprovals, Intergovernmental relations,' Special pmjects means those requests $170.12 Payment of fees.

Non-payment penalties, Nuclear submitted to the Commission for review (a) Applicotion fees. Each application m*terials, Nuclear power plants and for which fees are not otherwise for which a fee is prescribed must be reactors, Source material Special specified in this chapter. Examples of accompanied by a remittance for the full nuclear material. special projects include, but are not amount of the fee. The NRC will not For the reasons set out in the limited to, topical reports reviews, early issue a new license or an amendment preamble and under the authority of the site reviews, waste solidification increasing the scope of an existing Atomic Energy Act of 1954, as amended, facilities, route approvals for shipment license to a higher fee category or and 5 U.S.C. 553, the NRC is proposing of radioactive materials, services adding a new fee category prior to to adopt the following amendments to provided to certify licensee, vendor, or receiving the prescribed application fee.

10 CFR parts 170 and 171. other private industry personnel as The application fee (s)is charged instmetors for Part 55 reactor operators, whether the Commission approves the PART 170-FEES FOR FACILITIES * '^*'*l***"* application or not. The application CATERIALS IMPORT AND EXPORT s bmittals that do not mquim a hanse fee (s) is also charged if the applicant LICENSES dND OTHER dment, mviqws of responses to withdraws the a plication.

REGULATORY SERVICES UNDER THE n nna c n , ew8 M ensing es. N knsg fas ATOMIC ENERGY ACT OF 1954 AS uramum recovery licensees land.use will be assesse to recover full costs AMENDED survey reports, and reviews of 10 CFR for-50.71 final safety analysis reports. As (i)The review of applications for new i

1. The authority citation for Part 170 licenses and approvals; l used in this part, special projects does continues to read as follows: t include mquests/mports submitted (ii)The review of applications for j Authority: 3 t U.S.C. 9701. 96 Stat.1051; U amendments to and renewal of existm, g s(c. 301, Pub. L 92-314. 86 Stat. 2;'2 (42 licenses or approvals:  !

U.S.C. 2201w); sec. 201, Pub. L 93-438 t. 88 (1)In response to a Genen.c Letter,or NRC Bulletin which does not result in (iii) Preapplication consultations and Stat.1242 as amended (42 USC. 584 t); sec. reviews; and 205, Pub. L.101-576,104 Stat. 2842. (3 t an amendment to the license, does not result in the review of an alternate (iv) The full cost for project managers USC. 901). assigned to a specific plant or facility, method or reanalysis to meet the ,

2. In 5170.2, paragraph (r) is added to requirements of the Generic Letter, or excluding leave time and time spent on read as follows: does not involve an unreviewed safety generic activities (such as rulemakmg). l g 170.2 Scope, issue: (2) Full cost fees will be determined l

. (2) In response to an NRC request (at based on the professional staff time and ,

the Associate Office Director level or appropriate contractual support services (r) An applicant for or a holder of a above) to resolve an identified safety, expended. The full cost fees for certificate of compliance issued under to CFR Part 76, safeguards or environmental issue, or to professional staff time will be assist the NRC in developing a rule, determined at the professional hourly

3. In $ 170.3, the definition of the rates in effect the time the service was terms Inspections Materials lic se, and regulatory guide, policy statement, provided. The full cost fees are , payable as generic letter, or bulletin; or Specialprojects are revised tc (3) As a means of exchanging upon notification by the Commission.

follows: Information between industry (3)The NRC intends to bill each

. $170.3 Definitions, organizations and the NRC for the applicant or licensee at quarterly a * * *

• purpose of supporting generic intervals for all accumulated costs for regulatory improvements or efforts. each application the applicant or Inspection means: . . licensee has on file for NRC review, i (1) Routine inspections designed to . .

until the review is completed, except for evaluate the licensee's activities within 4. Section 170.5 is revised to read as costs that were deferred before August the context of the licensee having follows: 9,1991. The deferred costs will be primary responsibility'for protection of billed as described in paragraphs (b)(5),

the public and environment; $ 170.5 communications.

(2) Non-routine inspoctions in All communications concerning the (b)(6) and (b)(7) of this section. Each bill regulations in this part should be willidentify the applications and response or reaction to an incident, addressed to the Chief Financial Officer, documents submitted for review and the allegation, followup to inspection costs related to each.

deficiencies or inspections to determine U.S. Nuclear Regulatory Commission, u

p

'15890 Federal Regist:r/Vol. 64, No. 62 / Thursday, April 1,1999/ Proposed Rules is (4) The NRC Intends to bill each installment, unless another entity is (ii) Financial assurance submittals epplicant or licensee for costs related to supplying the design to the applicant for that do not require a license project manager time on a quarterly . the construction permit, combined amendment:

basis. Each bill will identify the costs license, or operating license, in which (iii) Responses to Confirmatory Action related to project manager time. case the other entity shall pay the Letters; (5) Costs for review of an application installment. (iv) Uranium recovery licensees

• land-for renewal of a standard design (ii)In the case of a design which has use survey reports; and certification which have been deferred been approved and for which an prior to the effective date of this rule (v) 10 CFR 50.71 final safety analysis application for certification is pending, orts must be paid as follows: The full cost of no fees are due until after the r view for a renewed standard design certification is granted. If the design is ref2) The NRC intends to bill each c:rtification must be paid by the not referenced, or if all costs are not applicant or licensee at quarterly spphcant for renewal or other entity intervals until the review is completed.

recovered, within fifteen years after the h bill ill rupplying the design to an applicant for date of certification, the applicant shall a construction permit, combmed license pay the costs, or remainder of those, at fubmitted for ke and th co ts issued under 10 CFR part 52, or the timo. related to each The fees are payablo, operating license, as appropriate, i:t five (iii)In the case of a design for which upon notification by the Commission, j (5) equal installments. An installment is a certification has been granted,if the (e) Part 55 reviewfees. Fees for Part pryable each of the first five times the design is not referenced, or if all costs 55 review services are based on NRC renewed certification is referenced in an are not recovered, within fifteen years time spent in admmistering the {

rpplication for a construction permit, after the date of the certification, the examinations and tests and any related j combined license, or operating license, applicant shall pay the costs for the c ntractual costs. The fees assessed will i The applicant for renewal shall pay the review of the application, or remainder also include related activities such as installment, unless another entity is of those costs, at that time. preparing, reviewing, and grading of the supplying the design to the applicant for (c) Inspe: tion fees. (1) Inspection fees examinations and tests. The NRC the co'nstruction permit. combined will be assessed to recover full cost for mtends to bill the costs at quarterly license, or operating license, in which each resident inspector (including the intervals to the licensee employing the case the entity shall pay the installment. senior resident inspector), assigned to a operators.

If the design is not referenced, or if all specific plant or facility. The fees (f) Afethodofpayment. Alllicense fee of the costs are not recovered, within assessed will be based on the number of payments are to be made payable to the fifteen years after the date of renewal of hours that each inspector assigned to U.S Nuclear Regulatory Commission, the certification, the applicant for thn plant or facility is in an official duty The payments are to be made in U.S.

renewal shall pay the costs for the status (i.e., all time in a non-leave statu's funds by electronic funds transfer such renewal, or remainder of those costs, at will be billed), and the hours will be as ACT (Automated Clearing House) that time. billed at the approprida hourly rate using E.D.I. (Electronic Data (6) Costs for the review of an established in 10 CFR 170.20. R' esident Interchange), check, draft, money order, application for renewal of an early site inspectors' time related to a specific or credit card. Payment of invoices of permit which have been deferred prior inspection will be included in the fee 55,000 or more should be paid via ACT to the effective date of this rule will assessed for the specific inspection in through NRC's Lockbox Bank at the continue to be deferred as follows: The accordance with paragraph (c)(2) oi this address indicated on the invoice. Credit holder of the renewed permit shall pay section, card payments should be made up to the the applicable fees for the renewed ' (2) Inspection fees will be assessed to limit established by the credit card bank permit at the time an application for a recover the full cost for each specific at the address indicated on the invoice.

construction permit or combined license inspection, including plant. or licensee. Specific written instructions for making referencing the permit is filed. If, at the specific performance reviews and electronic payments and credit card end of the renewal period of the permit, assessments, evaluations, and incident payments may be obtained by no facility application referencing the investigations. For inspections that contacting the License Fee and e:rly site permit has been docketed, the result in the issuance of an inspection Accounts Receivable Branch at 301-permit holder shall pay any outstanding report, fees will be assessed for costs 415-7554. In accordance with fees for the permit. incurred up to approximately 30 days Department of theTreasury (7)(i) The full cost of review for a after the inspection report is issued. The requirements, refunds will only be made ,

stmdardized design approval or costs for these inspections include upon receipt of information on the  !

certification that has been deferred prior preparation time, time on site, payee's financial institution and bank I to the effective date of the rule must be documentation time, and follow up accounts. I ptid by the holder of the design activities and any associated contractual 7. Section 170.20 is revised to read as l approval, the applicant for certification. service costs, but exclude the time follows:

or other entity supplying the design to involved in the processing and issuance an applicant for a construction permit, 0 70.20 Average cost per professional of a notice of violation or civil penalty. staff-hour, combined licenso issued under 10 CFR (3) The NRC intends to bill for part 52, or operating license, as Fees for permits, licenses, resident inspectors' time and for appropriate, in five (5) equal . specific inspections subject to full cost amendments, renewals, special projects, installments. An installment is payable recovery on a quarterly basis. The fees Part 55 requalification and replacement each of the first five times the approved / are payable upon notification by the examinations and tests, other required j certified design is referenced in an Commission. reviews, approvals, and inspections application for a construction permit, (d) Special project fees. (1) Fees for under SS 170.21 and 170.31 will be combined license issued under 10 CFR special projects are based on the full calculated using the following part 52, or operating license. In the case cost of the review. Special projects applicable professional staff-hour rates:

of a standard design certification, the includes activities such as- Reactor Program.

epplicant for certification shall pay the (1) Topical reports: (5170.21 Activities) . st41 per hour.

l

o Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15891 Nuclear Materials and Nu- 140 per hour. 5170.21 Schedule of fees for production approvals of facility standard reference clear Waste Program and utilization facilities, review of standard designs, requalification and replacement

($170.31 Activities). referenced design approvals, special examinations for reactor operators, and projects, inspections and import and export special projects and holders of

8. In $ 170.21, the Introductory text, licenses.

e nstruction permits, licenses, and Category K, and footnotes 1 and 2 to the Applicants for construction permits, ther approvals shall pay fees for the table are revised to read as follows. manufacturing licenses, operating f 11 wing categories of services.

licenses, import and export licenses, SCHEDULE OF FACIUTY FEES

[See footnotes at end of table}

Facility categories and type of fees Feesi2 K. Import and export licenses:

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

1. Application for import or export of reactors and other facilities and exports of components which must be reviewed by the Commissioners and the Executive Branch, for example, actions under 10 CFR 110.40(b):

Application-new license $9,100.

Amendment . -_ __

$9,100.

2. Application for export of reactor and other components requiring Executive Branch review onty, for example, those actions under 10 CFR 110.41(a)(1H8r Apphcation-new license $5.600.

$5,600.

Amendment . .... ..

3. Application for export of components requiring foreign govemrnent assurances only:

Applicatic -new license $1,700.

Amendtr_ . t . ..... _ . . . . . . _ . . . .......

$1,700.

4. Apphcatic.. .or export of facility components and equipment not requinng Commissioner review, Executive Branch review, or foreign govemment assurances:

Application-new license .._..

$1,100.

Amendment , .

$1,100.

5. Minor amendment of any export or import hcense to extend the expiration date, change domestic information, or make other revisions which do not require in-depth analysis or review; Amendment $210.

i Fees will not be charged for orders issued by the Commission under $ 2.202 of this chaptor or for amendments resulting specifica;ly from the requirements of these types of Commission orders. Fees will be charged for approvals issued under a specific exemption provision of the Com-mission's regulations under Title 10 of the Code of Federal Regulations (e g., $$50.12,73.5) and any other sections in effect now or in the fu- i j

ture, regardless of whether the approval is M the form of a license amendment, letter of approval, safety evaluation report, or other form. Fees for hcenses in this schedule that are initiuy issued for less than full power are based on review through the issuance of a full power heense (generally full power is considered 100 percent of the facihty's full rated power). Thus, if a hcensee received a low power hcense or a temporary hcense for less than full power and subsequently recesves full power authonty (by way of license amendment or otherwise), the total costs for the license will be determined through that penod when authonty is granted for full power operation, if a situation arises in which the Commission de-

~ termines that futt operating power for a part!cular facihty should be less than 100 percent of full rated power, the total costs for the license will be at that datermined lower operating power level and not at the 100 percent capacity.

8 Futi cost fees will be determined based on the professional staff time and appropnate contractual support services expended. For apphcations currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the apphcation up to the effective date of the final rule will be determined at the professional rates in effect at the time the service was provided. For those apphcations currently on file for which review costs have reached an apphcable fee ceiling established by the June 20,1984, and July 2,1990, rules but are still pending completion of the review, the cost incurred after any apphcable ceihng was reached through January 29,1989, will not be billed to the apphcant. Any professional staff-houis expended above those ceihngs on or after January 30,1989, will be as-sessed at the apphcable rates established by $ 170.20, as appropnate, except for topical reports whose costs exceed $50.000. Costs which ex-ceed $50.000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30,1989, through August 8,1991, will not be billed to the apphcant. Any professional hours expended on or after August 9,1991, will be assessed at the applicable rate established in $ 170.20.

3170.31 Schedule of fees for mater <als Inaterials licenses, or import and export

, , licenses and other regulatory servicas, licenses shall pay fees for the following

. Section 170.31 is revised to read as including inspections, and import ard categories of services. This schedule ws. export licenses. includes fees for health and safety and Applicants for materials h.censas, safeguards inspections where import and export licenses, and other regulatory services and holders of APPlicable SCHEDULE OF MATERIALS FEES (See footnotes at end of tabiel Category of matenals hcenses and type of fees Feeaa 1 Special nuclear matenal:

f' 15892 Federal Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules l , -

r SCHEDULE OF MATERIALS FEES-Continued

{See footnotes at end of table]

Category of materials licenses and type of fees Fee 28 A. Ucenses for possession and use of 200 grams or more of plutonium in unsealed form or 350 grams or more of contained

. U-235 in unsealed form or 200 grams or more of U-233 in unsealed form. This includes applications to terminate licenses as well as licenses authcrizing possession only:

Licensing and inspection . _ . . . . _ . .. .

. . . . . . Full Cost.

B. Ucenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI):. . . . . . . . . . . . . .

Ucensing and inspection ...... . . . . . . . . . . , . . . . .

Full Cost.

C. Ucenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x ray fluorescence analyzers:*

Applicahon _. ..

-- .. . . . . . . . . . $640.

D. All other special nuclear material licenses, except licenses authorizing speal nuclear material in unsealed form in com-bination that would constitute a entical quantity, as defined in $ 150.11 of this chapter, for which the hcensee shall pay the same fees as those for Category 1 A:*

Application . .

_....... $1,300 E. Licenses or certificates for construction and operation of a uranium enrichment facility.

Licensing and inspecton . Full Cost.

2. Source material:

A.(1) Licenses for possession and use of source material in recovery operations such as milling, in-situ leaching, heap-leach-ing. refining uranium mill concentrates to uranium hexafluoride, one buying stations, ion exchange facilities and in proc-essing of ores containing source material for extraction of metals other than uranium or thorium, including hcenses author-izing the possession of byproduct waste matenal (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode:

Licensing and inspection .. ........ . . _ _ _ _ _ _ _ _ . m...... . . . . . . . _ . -_ _

Full Cost.

(2) Ucenses 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):

Ucensing and inspection . . . . . . . . . ...... . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . Full Cost.

(3) Ucenses that authon2e the receipt of byproduct material, as defined in Section 11e(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licens.

ee's milhng operations, except those hcenses subject to the fees in Category 2.A.(1):

Licensing and inspection ~ . . . . . - . . . . . .. Full Cost.

B. Licenses which authorize the possession, use, and/or installation of source matenal for shielding:

Application . . . . . . . .

$150.

C. All other source matenallicenses:

Apphcation _. .~.. $5,500.

3. Byproduct material:

A. Ucenses of broad scope for the possession and use of byproduct material issued under Parts 30 and 33 of this chapter for processing or rnanufactunng of items containing byproduct matenal for commercial distribution:

Application ... . . . . . . . . . _ _ . ._..

$6,600.

B. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for processing or manu-factunng of items containing byproduct matenal for commercial @stnbution:

Apphcation ...._........................-...-....................... . . . . . . _. . . . . . $2,400.

C. Licenses issued under $532.72, 32.73, and/or 32.74 of this chapter that authorize the processing or manufacturing and Gstnbution or redistnbution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing by-product matenal. This category does not apply to keenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR 170.11(a)(4). These licenses are covered by fee Category 3D:

Apphcation . . . - ................-......-...._....-........ . . . . . . . . ~ . . $10 200.

D. Licenses and approvals issued under $$ 32.72,32.73, and/or 32.74 of this chapter authonzing distribution or redistnbution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of byproduct mate-nal. This category encludes keenses issued under $$ 32.72,32.73. and/or 32.74 of this chapter to nonprofit aucational in-sistutions whose processing or manufactunng is exempt under 10 CFR 170.11(a)(4):

Apphcation . . _ . . . _ . - . . ..... . . - ..... ..- . . . - . . - . . . . $2,400.

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

Applicat on . . . . . . . . . . - . . . . . . . _ . . . . . . . ~ . . . . . . . . . . . . . . . . . . . - $1.700.

F. Licenses for possession and use of less than 10,000 cunes of bypeoduct 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-diation of materials where the source is not exposed for irradiation purposes:

Apphcation . . . . . . . . . . . ............. .... . . . . . . . . . . . . . . . . . . $3,300.

G. Licenses for possession and use of 10.000 cunes or more of byproduct matenal in sealed sources for irradiation of mate-rials in which the source is exposed for irrad ation purposes. This category also includes underwater irradiators for irradia-tion of matenals where the source is not exposed for irradiation purposes:

Appkcation .. . . . _ . . . . - . . . . . ,

$3,400. 1 i H. Licenses issued under Subpart A of Part 32 of this chapter to distnbute items containing byproduct matenal that require i ]

device review to persons exempt from the hcensing requirements of Part 30 of this chapter. The category does not include j specific heenses authonzing red:stnbution of stems that have been authonzed for distnbution 10 persons exempt from the h-  ;

censing requirements of Part 30 of this chapter; Apphcation $2,000.

)

i. Licenses issued under Subpart A of Part 32 of this chapter to distnbute items containing byproduct matenal or quant: ties of '

byproduct matenal that do not require device evaluation to persons exempt from the keensing requirements of Part 30 of this chapter. This category does not include specific heenses authonzing redistnbution of items that have been authonzed '

for distnbution to persons exempt from the licensing requirements of Part 30 of this chapter:

Apphcation . ..-. $3200.

I

l t .

Federal Regist^r/Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15893 SCHEDULE OF MATERIALS FEES-Continued

[See *ootnotes at end of table]

Category of matenals licenses and type of fees' Feena J. Licenses issued under Subpart B of Part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under Part 31 of this chapter. This category does not in-ciude specific licenses authorizing redistribution of items that have been authorized for distnbution to persons generally 11-consed under Part 31 of this chapter Application . .

$1,000.

K. Licenses issued under Subpart B of Part 32 of this chapter to distribute 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. This category does not include specific licenses authorizing redistnbution of items that have been author-Ized for distnbution to persons generally licensed under Part 31 of this chapter: ,

Application _ . . -

. ...... $600.

L Licenses of bruad scope for possession and use of byproduct material issued under Parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution:

Application ..

$5,500.

M. Other licenses for possession and use of byproduct material issued under Part 30 of this chapter for research and devel-opment that do not authorize commercial distnbution:

Apphcation - - . _

$2,300.

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

(1) Ucenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3P; and

- (2) Licenses that authonze waste oisposal services are sub}ect to the fees specified in fee Categories 4A,4B, and 4C;

$2,300.

Application _ _ _ . _ . . . . . . . . . . .

O. Licenses for possession and use of byproduct material issued under Part 34 of this chapter for industrial radiography op-erations:

$5,800.

Apphcation ........ ... ... . . . - . . . . . . . . . . . . . . . . . . . .

P. All other specific byproduct matenal licenses, except those in Categories 4A through 9D:

Application ._ $1.300.

4. Waste disposal and processing-A. Licenses specifically authorizing the receipt of waste byproduct matenal, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactve waste at the site of nuclear power reactors; or licenses for receipt of waste l from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authonzed to receive or dispose of waste material:

Licensirig and inspection . . . . _ . . .-...._ . . . _ ...... ... -. - . . . Full Cost.

B. Licenses specifically authorizing the receipt of waste byproduct matenal, source material, or special nuclear material from other persons for the pu+ pose of packaging or repackaging the matenal. The hcensee will dispose of the material by trans-fer to another person authorized to receive or dispose of the material:

$1,700 Application -- . . . .. _ . . _ .

C. Licenses specifically authonzing the receipt of prepackaged wasto byproduct material, source material, or special nuclear matenal from other persons. The hcensee will dispose of the material by transfer to another person authorized to receive or dispose of the matenal; Apphcation . . . . $2.500.

5. Well logging:

A. Licenses for possession and use of byproduct material, source matenal, and/or special nuclear matena! for well logging, well surveys, and tracer studies other than field flooding tracer studies: $6,000.

Apphcation , . . . _ . - . . . . . . . . . . . . . . . . . . . . . . . . . .. . . _

B. Licenses for possession and use of byproduct matenal for field flooding tracer studies:

. . . . Full Coct.

Licensing ,

6. Nuclear laundnes:

A. Licenses for commercial collection and laundry of items contaminated wnh byproduct matenal, source material, or special nuclest matenal: $11,200.

Apphcation ,

7. Medical licenses:

A. Uciirnsee issued under Parts 30,35,40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear matenalin sealed sources contained in teletherapy devices: $6,100.

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

Application . .._ __ . . - .. ... .

B. Licenses of, broad scope issued to medical institutiuns or two or more physicians under Parts 30, 33, 35, 40, and 70 of this chapte7 authorizing research and development, including human use of byproduct material, except licenses for byprod-uct matenal, source matenal, or special nuclear matenal in sealed sources contained in teletherapy devices:

$4,400.

Application . . .

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

C, Other licenses issued under Parts 30,35, 40, and 70 of this chapter for human use of byproduct matenal, source mate-rial, and/or special nuclear material, except heenses for byproduct material, source matenal, or special nuclear matenal in sealed sources contained in teletherapy devices:

$2,400_

Application

8. Civil defense; A. Licenses fcr possession and use of byproduct matenal, source material, or special nuclear matenal for civil defense activi-ties: $320 Application . . .

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

A. Safety evaluation of devices or products containing byproduct matenal, source matenal, or special nuclear matenal, ex-

. .l $5.200.

cept reactor fuel devices, for commercial distnbution:

Apphcation-each device .

L

1 8894 Federal Register /Vol. 64, No. 62/Thursd:y, April 1,1999/ Proposed Rules SCHEDULE OF MATERIALS FEES-Continued ,

[See footno'as at end of table)

Category of materials licenses and type of fees' Fee H B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manu-factured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices:

Application-each device - - - -

. ..._ $3,700.

C. Safety evaluatson of sealed sources containing byproduct material, source material, or special nuclear material, except re-actor fuel, for commercial distribution:

Application-each source . .

. . . $1,580.

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

' Application-each source , .

10. Transportation of radioactive material: $530.

A. Evaluation of casks, packages, and shipping containers:

Licensing and inspections - '

Full Cost.

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

Application -

$390 Inspections = . .

Full Cost.

II, Review of standardized spent fuel facihties: _.

Licensing and inspection . . . _

Full Cost.

12. Special projects:s Approvals and preapplicatiorVLicensing activities . Full Cost.

Inspections . ..

Fult Cost.

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

Licensing . ..... . _ _ . .

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

Full Cost.

B. Inspectrons related to spent fuel storage cask Certificate of Compliance Fut! Cost.

C. Inspections related to ctorage of spent fuel under 6 72.210 of this chapter . . ..

Full Cost.

14. Byproduct, source or special nuclear matenal licensea and other approvals authonzing decommissioning, decontamination, reclamation, or site restoration activities under Parts 30, 40, 70, 72, and 76 of this chapter:

Licensing and inspection . Full Cost.

15. Impor1 and Export licenses:

Licenses issued under 10 CFR part 110 of this chapter for the import and export only of special nuclear material, source ma-terial, tntium and other byproduct matenal, heavy water, or nuclear grade graphite; A. Apphcation for export or import of high ennched uranium and other matenals, including radioactive waste, which must be reviewed by the Commissioners nnd the Executive Branch, for example, those actions under 10 CFR 110.40(b).

This esitegory includes apphcation for export or import of radioactive wastes in multiple forms from multiple generators or brokers in the exporting country arxi'or going to multip!e treatment, storage or disposal facilities in one or more re-ceeving countnes:

Application-new heense . $9,100.

Amendment .. . . _ . _ . . $9,100.

B. Apphcation for export or import of special nuclear material, source (naterial, intium and other byproduct matenal, heavy water, or nuclear grade graphite, including radioactive waste, requiring Executive Branch review but not Com-missioner review. This category includes application for tne export or import of radioactive 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:

Application-new license . $5.600.

Amendment ,. ... . . . . . . . .. . $5.600.

C. Application for export of routine reloads of low ennched uranium reactor fuel and exports of source material requinng only foreign govemment assurances under the Atomic Energy Act:

Application-new license . $1,700.

Amendment . . . . . - . $1,700.

D. Apphcation for export or import of other matenals, including radioactive waste, not requinng Commissioner review.

Executive Branch review, or foreign government assurances under the Atomic Energy Act. This category includes ap- j plication for export or import of radioactive waste where the NRC has previously authonzed the export or import of the j

same form of waste to or from the same or similar parties, requinng only confirmation from the receiving facility and h-censing authonties that the shipments may proceed according to previously agreed understandings and procedures:

Apphcation-new heense . $1,100. I Amendment -. ..- . . - - . . $1,100.  ;

E. Minor senendment of any export or import hcense to extend the expiration date, change domestic information, or  !

make other revisions which do not require irvdepth analysis, review, or consultations with other agencies of foreign govemments:  !

Amendment . $210. l

16. Reciprocity:

f Agreement State hcensees who conduct activities under the reciprocity provisions of 10 CFR 150.20:  !

Apphcation (initial fihng of Form 241) . . . - . . $1,200. j Revisions . $200. j 1 Types of fees-Separate charges, as shown in the schedule, will be assessed for preapplication consultations and reviews and applications j for new heenses and approvals, issuance of new licenses and approvals, certain amendrnents and renewals to existing licenses and approvals,  !

safety evaluations of sealed sources and devices, and certain inspections. The following guidelines apply to these charges.

. (a) Apphcation fees Applications for new materials hcenses and export and import hcenses; apphcations to reinstate expired, terminated, or in-active hcenses except those subject to fees assessed at full costs; apphcations filed by Agreement State licensees to register under the general hcanse provisions of 10 CFR 150.20, and appkcations for amendments to matenals hcenses that would place the hcense in a higher fee category ,

or add a new fee category must be accompanied by the presenbed apphcation fee for each category.  ;

j

1 l

l f *. .

Federal Register /Vol 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15895 (1) Apphcations for licenses covenng more than one fee category of special nuclear matenal or source matenal must be accompanied by the presenbed application fee for the highast fee category.

(2) Applications for new licenses that cover both byproduct material and special nuclear matenal in sealed sources for use in gauging devices wiH pay the appropriate application fee for fee Category 1C only.

(b) Lkensing fees. Fees for reviews of applications for new licenses and for renewals and amendments to existing licenses, for preappication consultations and for reviews of other documents submitted to NRC for review, and for protect manager time for fee ca:egones subject to full cost fees (fee Categones 1 A,18,1E,2A,4A. 58,10A,11,12,13A, and 14) are due upon notification by the Commission in accordance with 9170.12(b).

(c) Arr:endmenvrevision fees. Applications for amendments to export and import licenses and revisions to reaprocity iruttal apphcations must be accompanied by the presenbed amendment / revision fee for each license / revision affected. An apphcation for an amendment to a hcense or

. approval classified in more than one fee category must be accompanied by the prescnbod arnendment fee for the category affected by the i l amendnbd unless the amendment is applicable to two or more fee categones in which case the amendment fee for the highest fee category l would apply. l (d) inspectson fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result i l from third-party allegations are not subject to fees. Ins son fees are due upon notification by the Commission in accordance with 9170.12(c). j i

l 8 Fees will not be charged for orders issued by the mission under 10 CFR 2.202 or for amendr%nts resulting specthcally from the require- i ments of these types of Commission orders. However, fees well be charged for approvals issued under a specife exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations (e g.,10 CFR 30.11,40.14,70.14,73.5, and an/ other sections in effect now in the future) regard 6ess of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an appicant may be assessed an additional fee for sealed source and device evaluafens as shown in Categones 9A through 90. ~

aFull cost fees wiH be determined based on the professional staff time rnuttiplied by the appropiiate professional hourty rata established in

$ 170.20 h effect at the time the sennce is provided, and the appropnate contractual support servces expended. For apphcations currently on fi!o for which review costs have reached an applicable fee ceihng established by the June 20,1984, and July 2,1990, rules, but are stiff pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29,1989, will not be bilk *d to the applicant.

Any professional staff-hours expended above those ceilings on or after January 30, $989, will be assessed at the apphcatsie rates established by

$ 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amend-ment, revision, or supplement to a topical report completed or under review from January 30,1989, through August 8,1991, will not be billed to .

I the applicant. Any professional hours expended on or after August 9,1991, will be assessed at the appleable rate established 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 authonzed in the same Icense except for an application that deals only with the sealed sources authonzed by the hcense.

5 Fees will not be assessed for requests / reports submitted to the NRC:

(a) In response to a Genenc Letter or NRC Bulletin that does not result in an amendment to the license, does not result in the review of an al-ternate method or reanalysis to meet the requirements of the Generic Letter, or does not involve an unreviewed safety issue; (b) In response to an NRC request (at the Associate Office Director level or above) to resolve on identified safety, safeguards, or environ-mental issue, or to assist NRC in developing a rule, segulatory guide, policy statement, genenc letter. or bulletin; or (c) As a means of exchanging information between industry organizatons and the NRC for the purpose of supporting genenc regulatory im-provements or efforts.

10. The heading of Part 171 is revised NRC as indicated in S 171.19. Quarterly (i) Option A (Rebaselining without a to read as follows: payments of the annual fee of $100,000 cap); $2,769,000.

or more will continue during the fiscal (ii) Option B (Rebaselining with a 50 PART 171-ANNUAL FEES FOR year and be based on the applicable ercent ca ): $2*775'000' REACTOR LICENSES ANO FUEL annual fees as shown in SS 171,15 and 171.16 until a notice concerning the (2me W m annual b u.

CYCLE LICENSES AND MATERIALS c mpris d f a base operating power LICENSES, INCLUDING HOLDERS OF revised amount of the fees for the fiscal r act r annual fee, a bam spent fuel CERTIFICATES OF COMPLIANCE, year is published by the NRC. If the storage / reactor decommissioning annual REGISTRATIONS, AND QUALITY NRC is unable to publish a final fee rule ASSURANCE PROGRAM APPROVALS that becomes effective during the

• • """ " ' ""' ' "#8" (surcharges). The activities comprising AND GOVERNMENT AGENCIES current fiscal year, fees would be the spent storage / reactor LICENSED BY THE NRC assessed based on the rates in effect for decommissioning base annual fee are 11, The authority citation for Part 171 the previous f.iscal year. shown in paragraph (c)(2)(i) and (ii) of

13. Section S 171.15 is revised to read this section. The activities comprising continues to read as follows:

as follows: the surcharge are shown in paragraph Authority: Sec. 7601, Pub. L 9%272.100 Stat.146, as amended by sec. 5601, Pub. L g 171.15 Annual fees: Reactor licenses (d)(1) of this section. The activities 100-203,101 Stat.1330, as amended by Sec. and spent fuel storage / reactor comprising the base annual fee for 3201, Pub. L 101-239,103 Stat. 2106 as decommissionir g. Operating power reactors are as follows:

(i) Power reactor safety and safeguards a .1388 42 t}. C 2213 ; ec. 301 P L (a) Each person licensed to operate a regulation except licensing and 92-314. 86 Stat. 222 (42 U.S.C. 2201(w)); sec. power, test, or research reactor; each inspection activities recovered under 201,88 Stat.1242, as amended (42 U.Sn prson holding a Part 50 power reactor Part 170 of this chapter and generic 5841); sec. 2903, Pub. L 1.02-486,106 Stat. License that is in decommissioning or reactor decommissioning activities.

3125,(42 U.Sn 2214 note). ossession only status; and each person olding a Part 72 license who does not (ii) Research activities directly related

12. Section 171,13 is revised to read to the regulation of power reactors hold a Part 50 license shall pay the as follows: annual fee for each unit for each license except those activities specifically held at any time during the Federal FY related to reactor decommissioning.

$ 171.13 Notice.

The annual fees applicable to any in which the fee is due. This paragraph (iii) Generic activities required largely NRC licensee subject to this part and does not apply to test and research for NRC to regulate power reactors, e.g..

calculated in accordance with SS 171.15 reactors exempted under in S 17111(a). updating Part 50 of this chapter, or and 171.16, will be published as a (b)(1) The FY 1999 annual fee for each operating the Incident Response Center.

notice in the Federal Register as soon as operating power reactor would be the The base annual fee for operating power possible but no later than the third amount shown in Option A or Option B reactors does not include generic quarter of the fiscal year. The annual as presented in paragraphs (b)(1)(i) and activities specifically related to reactnr fees will become due and payable to the (11) of this section, docommissioning.

l

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. l i

18896 Federd Register /Vol. 64, No. 62/Thursd y, April 1,1999/ Proposed Rules 7 l (c)(1) The FY 1999 annual fee for each class of licensees is $44 million, not (iii) 10 CFR part 70 for special nuclear power reactor holding a Part 50 license including the amount allocated to the material; that is in a decommissioning or new fee class, spent fuel storage / reactor possession only status and each decommissioning. The FY 1999 (iv) 10 CFR part 71 for packaging and independent spent fuel stoi' age Part 72 transportation of radioactive materir.);

operating power reactor surcharge to be and licensee who does not hold a Part 50 assessed to each operating power reactor license would be the amount shown in is $423,000. This amount is calculated (v) 10 CFR part 76 for uraniu'n Option A or Option B as presented in by dividing the total operating power enrichment.

p ragraphs (c)(1)(1) and (ii) of this reactor surcharge ($44 million) by the section. (2) Each person identified in i number of operating power reactors caragraph (a)(1) of this section shall pay (i) Option A (Rebaselining without a (104).

cap): $199,000. 'an annual fee for each license the (3) The FY 1999 surcharge allocated person holds at any time during the first <

(ii) Option B (Rebaselining with a 50 to spent fuel storage / reactor six months of the Federal fiscal year  !

percent decommissioning class of licensees is (2) Thiscage)e: $199,000.

is comprised of a base (October 1 through March 31). Annual I 53.2 million. The FY 1999 spent fuel fees will be prorated for new licensas l issio 8 ni fee (this fee is storage / reactor decommissioning

~

ec issued and for licenses for wbich clso included in the operating power surcharge to be added to each operating termination is requested and activities reactor annual fee show in paragraph (b) power reactor, each power reactor in permanently ceas,od during the period decommissioning or possession only October 1 through March 31 of the fiscal of this section), and an additio,nal status, and to each independent spent charge (surcharge). The activities year as provided in 6171.17 of this fuel storage Part 72 licensee who does section. If a single license authorizcs comprising the surcharge are shown in paragraph (d)(1) of this scetion. The not hold a Part 50 license is $25.600. more than one activity (e.g., human use This amount is calculated by dividing ,and irradiator activities), annual fees t

fuIst age / Pri ,cto\"81e om i the total surcharge costs allocated to this will be assessed for each fee category base annual fee are- class by the total number of power applicable to the license. If you hold (i) Generic and other researrt reactor licensees and Part 72 hcensees more than one license, the total annual ectivities directly related to reactor who do not hold a Part 50 license (1es). fee you will be assessed will be the decommissioning and spent fuel (e) The FY 1999 annual fees for cumulative total of the annual fees storage; and hcensees authorized to operate a applicable to the licenses you hold.

(ii) Other safety, environmental, and n nPower (test and research) reactor safeguards activities related to reactor licensed under Part 50 of this chapter, (b) The annual fee is comprised of a decommissioning and spent fuel un! as the reactor is exempted from fees base annual fee and an additional I storage, except costs for licensing and under S 171.11(a), would be the amount charge (surcharge). The activities inspection activities that are recovered wn under Option A or Option B i b e ne down in

• UW" ,7.g under part 170 of this chapter.

(d)(1) The activities comprising the activities comprising the base annual fee FY 1999 surcharge are as follows: Option A o tion e is the sum of the NRC budgeted costs (i) Low level waste disposal generic (rebase- for-(rebase- lini with a activities; lining with- (1) Generic and other research ut a cap) 50 ercent (ii) Activities not attributable to an cap) activities directly related to the existing NRC licensee or class of regulation of materials licenses as licensees (e.g., international cooperative Research reac- defined in this part; and eriny program and international safeguards activities; support for the dQ,, 5 8 (2) Other safety, environmental, and safeguards activities for materials Agreement State program, and site

14. Section 171.16 id revised to read licenses, except costs for licensing and decommissioning management plan (SDMP) activities); and u fonows.

• Inspection activities that are recovered under Part 170 of this chapter.

(iii) Activities not currently subject to g 171.16 Annual Fees: Materials 10 CFR part 170 licensing and ucensees, Holders of Certificates of (c) A licensee who ts required to pay inspection fees based on existing law or Compliance, Holders of Sealed Source and an annual fee under this section may Commission policy, e g., reviews and Device Registrations, Holders of Quality qualify as a small entity,if a licensee inspections conducted of nonprofit Assurance Program Apprwals and qualifies as a small entity and provides educational institutions and licensing Government Agencies Licensed by the the Commission with the proper cctions for Federal agencies, and costs NRC. ,

certification with the annual fee thtt would not be collected from small (a)(1)The provisions of this section payment, the licensee may pay reduced entities based on Cor mission policy in apply to person (s) who are authorized to annual foes as shown below. Failure to tccordance with the Regulatory conduct activities under- file a small entity certification in a flexibility Act. (i) 10 CFR part 30 for byproduct timely manner could result in the denial (2) The total FY 1999 surcharge material; of any refund that might otherwise be allocated to operating power reactor (ii) 10 CFR part 40 for source material; duo.

Maximum an-nual fee per cicensed cat-egory Small Businesses Not Engaged in Manufactunng and Small Not.For-Profit Organizations (Gross Annual Receipts):

$350.000 to $5 million . .._ . . . . $1.800 Less than $350.000 . .l

. 400

l . '

f Federd Regist:r/Vol. 64, No. 62/ Thursday. April 1,1999/ Proposed Rules 15897 i Maximum an-nual fee per cicensed cat-egory l-Manufacturing entities that have an averagra Of 500 employees or less:

35 to 500 employees . - 1.800 Less than 35 employees . _ _ __

400 Small Govemmental Junsdictions (including publicly supported educational institutions) (Population):

20,000 to 50.000 1.800 Less than 20.000 . .

400 Educational Institutions that are not State or Pubicly Supported, and have 500 Employees or Less:

35 to 500 employees _ 1.800 Less than 35 employees . .....

400 l

'1) A licensee qualifies as a small which it is billed. The NRC will include (4)The maximum annual fee a small 4tity ifit meets the size standards a copy of NRC Form 526 with each entity is required to pay is $1.800 for established by the NRC (See 10 CFR annual fee invoice sont to a licensee. A each cate2nry applicable to the .

1 2.810). licensee who seeks to qualify as a small license (s). -

(2) A licensee who seeks to establish entity must submit the enmpletod NRC (djIha-Peru 91TNua# l fees, ~

status as a small entity for purpose of Form 526 with the reduced anrmal ferMuding the surcharge shown in 1 paying the an oual fees required under payment. Paragraph (e) of this section, for i i

this section must file a certification . . materials licensees subject to fees under (3) For purposes of this section, the this section would be the amounts statement with the NRC. The ficalisee must file the required certification on licensee must submit a new certification shown unkt Option A. or Option D.

with its annual fee payment each year, below:

NRC Form 526 for each license under SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC

[See footnotes at end of table]

Annua! fees "3 Option A t B Category of matenals hcenses g, ,, ng (rebasehning with a 50 per-without a cap) cent cap)

1. Special nuclear material:

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

(a) Strategic Special Nuclear Material:

Babcock & Wilcox SNM-42 . . . _ . . .._..

$3.281,000 $3.288.000 3,281,000 3.288,000 Nuclear Fuel Servces SNM-124 . . .. .

(b) Low Enriched Uranium in Dispersible Form Used for Fabncation of Power Reactor Fuel: ,

Combustion Engineenng (Hematite) SNM-33 .. 1,100,000 1,103,000 l General Electric Company SNM-1097 . . . . . 1.100.000 1,103.000 1,100,000 1.103.000 Siemens Nuclear Power SNM-1227 Westinghouse Electnc Company SNM-1107 . . 1.100.000 1,103.000 (2) All other special nuclear matenals Icenses not included in Category 1.A.(1) which are hcensed for fuel cycle activities:

(a) Facilities with limited operations:

Framatome Coges SNM-1168 . 432,000 433.000 (b) All Others: 315,000 314,000 General Electric SNM-960 .

B. Licenses for receip- and storage of spent fuel at an independent spent toel storage installation (ISFSI).

See 10 CFR part 171.15(c).

C. Licenses for possession and use of special nuclear matenal in scaled sources contained in devices 1.200 1,200 used in industnal measunng systems, induding x-ray ftuorescence analyzers .

D. All other special nuclear material heenses. except hcenses authonzing special nuclear material in un-sealed form in combination that would constitute a entcal quantity, as defined in $150.11 of this chap-ter, for which the licensee shall pay the same fees as those for Category 1.A.(2) . 3,300 3.400 2,043.000 2.048,000

c. Licenses or certificates for the operation of a uranium enrichment facility .

2. S4urce material:

A (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium 472.000 473.000

! hexaftuoride .

I (2) Lcenses for possession and use of source matenal in recovery operations such as milkng. in-situ

{ leaching heap-leaching. ore buying stations, ion exchange facihties and in processing cf ores con-tanning source material for extraction of metals other than uranium or thonum, including hcenses author.

l 12ing the possession of byproduct waste matenal (tailings) from source matenal recovery operations, as iI well as hcenses authorizing the possession and maintenance of a facihty in a standby mode. l 131.000 i 92,100 Class i facihties

• 109.000 ' 52,100 Clasa il facihties * .._

30.400 30,500 Other facihties

• _ _

E

,= .

15898 Fedir..1 Regist r/Vol. 64, No, 62 / Thursday,-April 1,1999/ Proposed Rules 3CHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC-Conti l

[See footnotes at end of table) i l

Annual fees ' 2 3 Category of matenals hcenses Option A (rebasehning p ,{0e ng without a cap) with a 50 per.

cent cap) l (3) Licenses that authorize the receipt of byproduct matenal, as defined in Section 11e.(2) of the Atomic l

Energy Act, from other persons for possession and disposal, except those licenses subject to the fees l in Category 2_A.(2) or Category 2.A.(4) .

~ . . . . . 81,000 I 67.600 (4) Licenses that authorize the receipt of byproduct matenal. as defined in Section 11e.(2) of the Atomic I Energy Act. from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee's milhng operations, except those hcenses subject to the fees .

i in Category 2.A.(2) .- ..

13,000 t 1,900 l

. B. Ucenses that authorize only the possession, use and/or installation of source material for shielding . 600 620 C. All other source material licenses 11,700 11,700 l 3. Byproduct material:

l A. Licenses of broad scope for possession and use of byproduct matenal issued under Parts 30 and 33 of j this chapter for processing or manufactunng of items containing byproduct material for commercial dis-inbution .

26.000 24.800 B. Otner hcenses for possession and use of byproduct material issued under Part 30 of this chapter for processing or manufactunng of items containing byproduct material for commercial distnbution . 6,300 6.300 C. Licenses issued under $$ 32.72,32.73, and/or 32.74 of this chapter authonzing the processing or man-ufactunng and distnbution or redistnbution of radiopharmaceuticals, generators, reagent kts and/or l sources and devices containir g byproduct matenal. This category also includes the possession and use i

of source matenal for snielding authonzed under Part 40 of tnis chapter when included on the same li-conse. This category does not apply to hcenses issued to nonprofit educational institutions whose proc- f essing or manufactunng is exempt under 10 CFR 171.11(a)(1). These licenses are :; overed by fee Cat- ,

egory 3D 15,300 :

.]

l 15.400 D. Licenses and approva's issued under tl32.72,32.73, and/or 32 74 of this chapter authorizing distnbu- I hon or redistnbution of radiophansaceubcals, generators, reagent kits and/or sources or devices not in- l volving processing of byproduct matenai. This category includes beenses issued under $$ 32.72,32.73 {,

and 32.74 of this chapter to nonprofit educa0onal institutions whose processing or manufacturing is ex-empt under 10 CFR 171,11(a)(1). This category also encludes the possession and use of source mate- i n&l for sh.elding authonzed under Part 40 of this chapter when included on the same license , 3.800 ; 3.800 i E. Licenses for possession and use of byproduct matenal in seated sources for irradiation of materials in '

I which the source is not removed from its shield (self-shielded units) .j 3,400 3,400 g F. Licenses for possession and use of less than 10.000 cunes of byproduct matenal in sealed sources for ' I irradiation of matenals in which the source is exposed for irrad;aton purposes. This category also in-l cludes underwater irraciators for irradiation of matenals an which the source is not exposed for irraea- i l tion purposes 5.700 5,700 j 1

G. Licenses

.. irradiation for possession of matenals and in which the useis of source 10.000 exposed cunes orpurposes.

for irradiation more ofThis byproduct category'also materiai in- in seaiedl sources for l ciudes underwater irradiators for irradiation of matenals in which the source is not exposed for irradia- I 1

t'on purposes . ..

14.800 14.800 l H. Licenses issued under Subpart A of Part 32 of this chapter to distnbute items containing byproduct ma- I l tenal that require device review to persons exempt from the hcensing requirements of Part 30 of this  ! l chapter, except specific hcenses authon2:ng redistnbution of stems that have been authonzed fcr dis-inbution to persons exempt from the licensing requirements of Part 30 of this chapter . ._. 3.200 3,200

1. Licenses issued under Subpart A of Part 32 of this chapter to distnbute items containing byproduct ma-tonal or quantities of byproduct matenal thal do not require device evaluation to persons exempt from the hcensing requirements of Part 30 of this chapter, except for specific hcenses authorizing redistnbu-tion of stems that have been authorized for distnbution to persons exempt from the licensing require-ments of Part 30 of this chapter . _ . . . .

4.600 4.600 J. Licenses issued under Subpart 8 of Part 32 of this chapter to distnbute stems containsng byproduct ma.

tenal that require sealed source and/or device review to persons general;y hcensed unde' Part 31 of this chapter, except specific licenses authorizing redistnbution of terms that have been authonted for distnbution to persons generally hcensed under Part 31 of this chapter . 2.100 2,100 K. Licenses issued under Subpart B af Part 31 of this chapter to distribute items containing byproduct ma-terial or quanbties of byproduct rr + enal that do not require sealed source an&or device review to per-sons generally licensed under Part J1 of this chapter, except specific licenses authorizing redistnbution of items that have been authorized for distnbution to persons generally licensed under Part 31 of this l

! chapter .. . ..- . . . _

1.700 l 1.700 L Licenses of broad scope for possession and use of byproduct matenal issued under Parts 30 and 33 of I this chapter for research and development that do not authonte commercial distnbution . . 11,200 1 11.200 M. Other heenses for possession and use of byproduct material issued under Part 30 of this chapter for !

research and development that do not authonte commercial distnbution 5.000}. i 5.000 N. Licenses that authorize services for other heensees, except: _l i

(1) Licenses that authorize only cahbration and/or leak testing services are subject to the fees speci- l fied in fee Category 3P, and I .

(2) Ucenses that authonze waste disposal services are subject to the fees specified in fee Categories ! j 4A,48, and 4C . .I 5.200 i 5.200

I I t

\

1[ Federd Register /Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15899

\*

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

[See footnotes at end of table]

Annual fees as Category of matenals licenses Option A (re a e n ng (rebaselining with a 50 per-without a cap) cent cap)

O. Licenses for possession and use of byproduct material issued under Part 34 of this chapter for indus-trial radiography operations. This category also includes the possession and use of source matenal for i shielding authorized under Part 40 of this chapter when authonzed on the same license . 14,700 14,700

]

P. All other specific byproduct matenal licenses, except those in Categones 4A through 9D , 2,600 2,500 1

4. Waste disposal and processing:

A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nu-clear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reac' ors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person au-thorized to receive of dispose of waste material . sN/A B. Licenses specifically authoridng the receipt of waste byproduct material, source material, or special nu-clear material from other persons for the purpose of packaging or repackaging the material. The li-censee will disoose of the matenal by transfer to another person authorized to receive or dispose of the matenal _ ..._ . ..

11,300 11,400 C Licenses specifically authonzing the receipt of prepackaged waste byproduct material, source matenal, or specsal nuclear material from other persons. The licensee wih dispose of the matenal by transfer to another person authorized to receive or dispose of the matenal 8,400 8.400 ,

1 S. Well logging:

A. Licenses for possession and use of byproduct material, source matenal, and/or special nuclear matenal for well logging, well surveys, and tracer studies other than field flooding tracer studies 9.900 10,000 B. Licenses for possession and use of byproduct matenal for field flooding tracer studies . . . _ . s N/A I

6. Nuclear laundnes:

A. Licenses for commercial colleciion and laundry of items contaminated with byproduct matenal, source material, or special nuclear matenal . 18,900 19,000

7. Medical licenses:

A. Licenses issued under Parts 30,35. 40, and 70 of this chapter for human use of byproduct material, l Source material, or special nuc!sar matenal in sealed sources contained in teletherapy devices. This l category also includos the possession and use of source matenal for shielding when authorized on the same license . . . - . . . .. .

15,300 15,300 B. Licenses of broad scope issued to medical institutions or two or more physicians under Parts 30,33, 35, 40, and 70 of this chapter authortzing research and development, including human use of byproduct material except licenses for byproduct matenal, source material, or special nuclear matenal in sealed sources contained in teletherapy devices. This category also includes the possession and use of source

. matenal for shielding when authorized on the same license.' .- ... 27.800 27,800 C. Other licenses icsued under Parts 30,35,40, and 70 of this chapter for human use of byproduct mate-rial, source matenal, and/or special nuclear matenal except licenses for byproduct matenal, source ma-tenal, or special nuclear matenal in sealed sources contained in teletherapy devices. This category also includes the possession and use of source matenal for shielding when authonzed on the same li-cense '.. 5,800 5.800

8. Civil defense:

A. Licenses for possession and use of byproduct material, source material, or special nuclear material for 1,200 1,200 civil defense activities . .

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

A. Registrations issued for the safety evaluation of devices or products containing byproduct matenal, source matenal, or special nuclear material, except reactor fuel devices, for commercial distnbution 6,000 6,100 B. Registrations issued for the safety evaluation of devices or products containing byproduct matenal, source matenal, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices . 4,300 4,300 C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source matenal, or special nuclear matenal. except reactor fuel. for commercial distribution., 1,800 1,800 D. Registrations issued for the safety evaluation of sealed sources containing byproduct matenal, source material, or special nuclear matenal. rr9nufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel 600 620

10. Transportation of radioactive material:

A. Certificates of Compliance or other package approvals issued for design of casks, packages, and ship-ping containers:

Spent Fuel, High-Level Waste, and plutonium air packages *N/A l Other Casks . . . . . . . _ ,

eN/A B. Quality assurance program approvals issued under 10 CFR part 71:

66,700 66,800

, Users and Fabncators .

2,200 1,500 Users .

I 11. Standardized spent fuel facilities . . . . .

eN/A

12. Special Projects . . . .

• N/A

13. A. Spent fuel storage cask Certificate of Compliance , eN/A

M900 Federal Regist:r/Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 1 a SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC-

[See footnotes at end of table) e

! Annual fees ' 8 3 Category of matenals licenses Option A B p, Opt ng (rebasehning I

without a cap) with a 50 per.

cent cap)

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

• N/A

14. Byproduct, source, or special nuclear material licenses and other approvals authonzing decommissioning.

decontamination, reclamation, or site restoration activities under to 10 CFR parts 30, 40, 70, 72, and 76 of this chapter ...... . ~ . , . . . . .

7 N/A

15. Import and Export licenses -

10. Reciprocity . _

eN/A eN/A

17. Master materials licenses of broad scope issued to Govemment agencies 358,000 359.000

18. Department of Energy:

A. Certificates of Compliance _ .

.._ 872,000 873,000 B. Uranium Mill Tailing Radiation Control Act (UMTRCA) activities . 869,000 870,000 l

'See 10 CFR 171.15(c)

' Annual fees wdl be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactrve miterial dunng the fiscal year. However, the annual fee is waived for those materia!s hcenses and holders of certificates, registrations, and ap-provals who either fded for termination of their hcenses or approvals or filed for possession only/ storage licenses pnor to October 1,1998, and permanently ceased hcensed activitsen entirely by September 30,1998. Annual fees for hcensees who filed for termination of a license, down-grade of a keense, or for a POL dunng the hscal year and for new hcenses issued dunng the fiscal year will be prorated in accordance with the Ficonse, certificate, registration, or approva! held by that person. For licenses that authorize more than on human une and irradiator activities), annual fees will be assessed for each category applicable to the license. Licensees paying annual fees under Category 1 A(1) are not subl ect to the annual fees for Category IC and 1D for sealed sources authorized in the license, aPayment of the presenbed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid-Renewal applications must be faled in accordance with the requirements of Parts 30 10, 70, 71,72 or 76 of this chapter.

3 Each fiscal year, fees for these materials hcenses will be calculated and assessed in accordance with $ 171.13 and will be pubhshed in the FEDERAL REGISTER for notice and comment.

d A Class I hcense includes mill hcenses issued for the extraction of uranium from uranium ore. A Class 11 hcense includes solution mining h-censes (in-situ and heap leach) issued for the extraction of uranium from uransum ores including research and development hcenses. An "other" hcanse includes licenses for extraction of metals, heavy metals, and rare earths.

• There are no existing NRC hcenses in these fee categones. Once NRC issues a hcense for these categones, the Commission will consider estibbshing an annual fee for that type of heense.

' Standardized spent fuel facihties,10 CFR parts 71 and 72 Certificates of Compliance, and special reviews, such as topical reports, are not assessed an annual fee because the genenc costs of regulating these activities are pnmanly attnbutable to the users of the designs, certificates, and topical reports.

7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other Categories while they are h-C3nsed to operate.

eNo annual fee la charged because it is not pract6 cal to administer due to the relatively short hfe or temporary nature of the hcense.

' Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions who also hold nuclear medicine hcenses under Categones 78 or 7C.

MThis includes Certificates of Compisance issued to DOE that are not under the Nuclear Waste Fund.

(e) The activities comprising the 9171.19 Payment. Department of the Treasury surcharge are as follows: requirements, refunds will only be made (a) Method of payment. Annual fee (1) LLW disposal generic activities; payments, made payable to the U.S. upon receipt of information on the (2) Activities not attributable to an Nuclear Regulatory Commission, are to payee's financial institution and bank existing NRC licensee or classes of be made in U.S. funds by electronic accounts.

licensees: e.g., international cooperative funds transfer such as ACH (Automated (b) Annual fees in the amount of safety program and international Clearing House) using EDI (Electronic S100,000 or more and described in the safeguards activities: support for the Data Interchange), check, draft, money Federal Register notice issued under Agreement State program: site order, or credit card. Federal agencies $ 171.13 must be paid in quarterly decommissioning management plan may also make payment by the On-line installments of 25 percent as billed by (SDMP) activities; and Payment and Collection System the NRC. The quarters begin on October (3) Activities not currently assessed (OPAC's). Where specific payment 1, January 1, April 1, and July 1 of each licensing and inspection fees under 10 instructions are provided on the fiscal year. The NRC will adjust the CFR part 170 based on existing law or invoices to applicants and licensees, fourth quarterly invoice to recover the Commission policy, e.g., reviews and payment should be made accordingly, full amount of the revised annual fee. If inspections conducted of nonprofit e.g. invoices of $5,000 or more should the amounts collected in the first three educational institutions and reviews for be paid via ACH through NRC's quarters exceed the amount of the Federal agencies; activities related to Lockbox Bank at the address indicated revised annual fee, the overpayment decommissioning and reclamation; and on the invoice. Credit card payments will be refunded. Licensees whose costs that would not be collected from should be made up to the limit annual fee for FY 1998 wn less than small entitles based on Commission established by the credit card bank, in $100.000 (billed on the anniversary date policy in accordance with the acccedance with specific instructions of the license), and whose revised Regulatory Flexibility Act. provided with the invoices. to the annual fee for FY 1999 would be

15. Section 171.19 is revised to read Lockbox Bank designated for credit card $100,000 (subject to quarterly billing),

as follows: payments. In accordance with would be issued a bill upon publication i

1 Feder:1 Registr/Vol. 64, No. 62/ Thursday, April 1,1999/ Proposed Rules 15901 of the final rule for the full amount of based size standards and include a size entity compliance guide (Attachment 1) have the FY 1999 annual fee,less any standad for business concerns that are been prepared for the FY 1999 fee rule as payments received for FY 1999 based on manufacturing entities.The NRC uses the required by law.

size standards to reduce the impact of annual the anniversary date billing process. II. Impact on Small Entities fees n small entities by establishing a (c) Annual fees that are less than bcensee's eligibility to qualify for a The fee rule results in substantial fees

$100,000 are billed or. the anniversary being charged to those individuals.

- maximum small entity fee /l he small entity date of the license. For annual fee fee categories in 5171.16tc) of this proposed organizations, and companies that are I

purposes, the anniversary date of the rule are based on the NRC's size standards licensed by the NRC. including those license is considered to be the first day The Omnibus Budget Reconciliation Act licensed under the NRC materials program.

of the month in which the original (OBRA-90), as amended, requires that the The comments received on previous license was issued by the NRC. NRC recover approximately 100 percent of its proposed fee rules and the small entity budget authority, less appropriations from certifications received in response to Licensees that are billed on the license anniversary date will be assessed the the Nuclear Waste Fund, by assessing license previous final fee rules indicate that NRC and annual fees. OBRA-90 requires that the licensees qualifying as small entities under annual fee in effect on tho anniversary schedule f charges established by rule the NRC's size standards are primarily date of the license. Materials licenses sh uld airly and equitably allocate the total materials licensees. Therefore, this analysis subject to the annual fee that are amount to recovered from NRC s licensees will focus on the economic impact of the terminated during the fiscal year but and be assessed under the principle that annual fees on materials licensees. About 20 prtor to the anniversary month of the licensees who require the greatest percent of these licensees (approximately license will be billed upon termination expenditure of agency resources pay the 1,400 licensees) have requested small entity for the fee in effect at the time of the greatest annual charges. The amount to be certification in the past. A 1993 NRC survey billing. New materials licenses subject collected for FY 1999 is approximately of its materials licensees indicated that about l

$4m milli n. 25 percent of these licensees could qualify as  !

fo the annual fee will be billed b the Since 1991, the small entities under the NRC's size month the license is issued or in tae ObRA-90 by issu,NRC mg a final rulehas complied that with amends standards.

next available monthly billin8 for the its feu regulations. These fm' al rules have The commenters on previous fee fee in effect on the anniversary date of established the methodology used by NRC in rulemakings consistently indicated that the the licenso. Thereafter, annual fees for identifying und determining the fees to be following results would occur if the proposed I new licenses will be assessed in the assessed and collected in any given fiscal annual fees were not modified. l anniversary month of the license. year. 1. Large firms would gain an unfair (d) Annual fees ofless than $100.000 Since FY 1996, the NRC stabilized annual competitive advantage over small entities.

must be paid as billed by the NRC. fees by adjusting the annual fees only by the Commenters noted that small and very small puuntage thange (plus or minus) in NRC3 companies (" Mom and Pop" operations)

Materials license annual fees that are t tal budget authority. The percentage change would find it more difficuh to absorb the less than $100.000 arc billect on the would be udpstod bawd on changes in the annual fee than a Jarge corporation or a high-anniversary date of the licenso. The P"" '

• I"'""U "* " " ""'" *markets I""'" ,'Y "I P"'"U P" as "I" ""P**""

materials licensees that are billed on the ar well as an adjustment for the number of such soils testing, annual fees anniversary date of the license are those licensees paying the fees. The NRC indicated would put small licensees at an competitive covered by fee categories IC,1.D. that if there was a substantial thange in the extreme disadvantage with its much larger 2(A)(2) other, 2 A(3), 2 A(4), 2B, 2C, 3 A total NRC budget authority or the magnitude corupetitors because the proposed fees would through 3P,4B through 9D,10 A, and of the budget allocated to a specifif class of be the same for a two-person licensee and for ,

10B. licensees. the annual fee base would be a large firm with thousands of employnos.

(e) Payment is due on the invoice date recalmtateni. Because the NRC is proposing 2. Some firms would be forced to cancel

'O ""'"blish a new annual fee class for FY their licenses. A licensee with receipts of less and interest accrues from the date of the than $500.000 per year stated that the invcice. However, interest will be 1999 and based on program changes that han occurred, the NRC is propusmg to proposed rule would, m effect, force it to waived if payment.is recnived within 30 establish new baselinc unnual fees this h, scal rehnquish its soll density gauge and license, davs from the m. voice date, year. This rebaselining would result in thereby reducing its ability to do its work Odted at Rockvillo, Maryland, thin 2$th day sigDit'if Ent kDnHal fee iDcreaseF for f +rtain effectively. Other licensees, especially well-of March.1999. classes oilicenwes. Therefore, the NRC is loggers, noted that the unmitigated cost of the For the Nuclear Regulatory Commission. Presenting for public comment two potential rule would force small businesses to get rid annual fee schedules. Option A-rebaselining of the materials license altogether.

Pete: I. Rabideau' ,

witnout a cap, and Option B-rebaselining Commenters stated that the proposed rule Acting Chieffm.ancial Officer. with a 50 percent cap. The NRC recognizes would result in about 10 percent of the well-Note: This appendtx will not appear in the that under either option the rebaselined logging licensees terminating their licenses Code of Federal Regulations. annual lees would result in an increase in the immediately and approximately 25 percent annua,1 fees chaged to some categories of terminating their licenses before the nex't Appendfx A to this Proposed Rule-Draft matenals licensees. annual assessment.

Regulatory Flexibility Analysis for the The Small Business Regulatory 3 Some companies would go out of Amendments to 10 CFR Part 170 (License bus; mess.

Fees) and to CFR Part 171 (Annual Fees) E".f rcement Fairness Act of 1996 (SBREFA) 4. Some companies would have budget is mtended to reduce regulatory burdens

f. Background imposed by Federal agencies on small problems. Many medical licensees noted businesses, nonprofit organizations, and that, along with reduced reimbursements, the The Regulatory Flexibility Act (RFA), as governmental jurisdictions. SUREFA also proposed increase of the existing fees and the amended. (5 U.S.C. 601 et seq.) requires that agencies consider the impact of their provides Congress with the opportunity to introduction of additional fees would i

rulemakings on small entities and, consistent review agency rules before they go into effect. significantly affect their budgets. Others Under this legislation, the NRC annual fee noted that,in view of the cuts by Medicare with applicable statutes, consider alternatives to minimize these impacts on the rule is considered a " major" rule and must and other third party carriers, the fees would businesses, organizations. and government be reviewed by Congress and the Comptroller produce a hardship and some facilities jurisdictions to which they apply. General before the rule becomes effective. would experience a great deal of difficulty in The NRC has established standards for SDREFA also requires that an agency prepare meeting this additional burden.

a guide to assist small entities in complying Since annual fees were first established, determining which NRC licensees qualify as small entities (10 CFR 2.801). These size with each rule for which final regulatory approximately 3.000 license, approval, and standards reflect the Small Business flexibility analysis is prepared. This n gistration terminations have been Administration's most common receipts- Regulatory Plexibility Analysis and the small requested. Although some of these

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$' 19992 Federd Regist:r/Vol. 64, No. 62/Thursdty, April 1,1999/ Proposed Rules 1

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% t:rminatfora were requested because the the NKC is proposing to continue, for FY i

lic nne was no longer needed or licenses or requires all Federal agencies to prepare a )

1999, the maximum annual fee (base annual written guide for each " major" final rule as registrations could be combined, indications fee plus surcharge) for certain small entitles j tre that other tennination requests were due defined by the Act. The NRC's fee rule, at $1.800 for each fee category covered by published annually to comply with the to the economic impact of the foes. each license issued to a small entity. Omnibus Budget Reconciliation Act of 1990 The NRC continues to receive written and While reducing the impact on many small (OBRA-90) requires the NRC to collect or:1 comments from small materials licensees entities, the Commission agrees that the indicating that the monetary threshold for approximately 100 percent of its budget maximum annual fee of $1.800 for small authority each year through fees. This rule is smdl entitles was not representative of small entitles, when added to the Part 170 license businesses with gross receipts in the considered a " major" rule under this law, fees, may continue to have a significant thousands of dollars. These commenters impact on materials licensees wnh annual This compliance guide has been prepared to believe that even the $1,800 maximum gross receipts in the thousands of dollars. assist NRC maierial licensues comply with annual fee represents a relatively high the FY M9 fee rule.

Therefore, as in each year since 1992, the percentage of gross annual receipts for these 1Aensees may use this guide to determine NRC is continuing the lower-tier small entity

" Mom and Pop" type businesses. Therefore, whether they qualify as a small entity under annual fee of $400 for small entitles with even the reduced annual fee could have a relatively low gross annual receipts. Th" NRC regulations and are eligible to pay sigmficant impact on the ability of these lower-tier small entity fee of $400 als reduced FY 1999 annual fees assessed under types of businesses to continue to operate. applies to manufacturing concerns, and to CFR part 171. The NRC has established ro alleviate the significant impact of the educational institutions not State or publicly two tiers of separate annual fees for those ennual fees on a substantial number of small supported, with less than 35 employees. materials licensees who qualify as small sntities, the NRC considered the following entitles under NRC's size standards, Therefore, even though the proposed titrrnatives, in accordance with the RFA, in rebaselined annual fees would increase the Licensees who meet NRC's size standards devtlopin each ofits fee rules since 1991, annual fees charged to several categories of for a small entity must complete NRC Form

1. Base ees on some measure of the - materials licensees, licensees who ualify as 526 to qualify for the reduced annual fee.

amount of radioactivity possessed by the small entities would not be adverse y This form accompanies each annual fee licensee (e.g., number of sources). affected. invoice mailed to materials licensees. The

2. Base fees on the frequency of use of the comp l eted form, the appropriate small entity licensed radioactive material (e.g., volume of #L Summary fee, and the payment copy of the invoice, patientst The NRC has determir.ed that the 10 CFR should be mailed to the U.S. Nuclear

3. Base fees on the NRC size standards for part 171 annual fees significantly impact a Regulatory Commission, License Fee and small entitics, Accounts Receivable Branch, to the address substantial number of small entities. A The NRC has reexamined its previous maximum fee for small entities strikes a indicated on the invoice. Failure to file a evaluations of these alternatives and balance between the requirement to collect small entity certification in a tynely manner i continues to believe that establishment of a 100 percent of the NRC budget and the may result in the denial of any refund that '

maximum fee for small entities is the most requirement to consider means of reducing might otherwise be due.

appropriate and effective option for reducing the impact of the fee on small entities. On the the impact of its fees on small entities. NRC Definition of Small Entity basis of its regulatory flexibility analyses, the The NRC established, and intends to The NRC has defined a small entity for NRC concludes that a maximum annual fee continue for FY 1999, a maximum annual fee of $1,800 for small entities and a lower-tier purposes of compliance with its regulations for small entities. The RFA and its small entity annual fee of $400 for small (10 CFR 2.810) as follows:

implementing guidance do not provide businesses and not-for-profit organizations 1. Small business-a for-profit concern that specific guidelines on what constitutes a with gross annual receipts ofless than Provides a service or a concern not engaged significant economic impact on a small $350.000, small governmental jurisdictions in manufacturing with average gross receipts entity. Therefore, the NRC has no benchmark with a population of less than 20.000. small of $5 million or less over its last a completed to assist it in determining the amount or the manufacturing entities that have less than 35 fiscal years; percent of gross receipts that should be employees and educational institutions that 2. Manu facturing industry-a charged to a small entity. For FY 1999, the are not State or publicly supported and have manufacturing concern with an average NRC will rely on the analysis previously less than 35 employees reduces the impact number of 500 or fewer employees based completed that established a maximum on small entities. At the same time, these upon employment during each pay period for annual fee for a small entity and the amount reduced annual fees are consistent with the the preceding 12 calendar months:

of costs that must be recovered from other objectives of OBRA-90. Thus. the fees for 3. Small organization-a not-for-profit NRC licensees as a result of establishing the small entities maintain a balance between the organization which is independently owned maximum anmaal fees. objectives of OBRA-90 and the RFA. and operated and has annual gross receipts The NRC continues to believe that the 10 Therefore, the analysis and conclusions of $5 million or less:

CFR part 170 application fees, or any established in previous fee ru f es remain valid 4. Small governmental jurisdiction-a adjustments to these licensing fees during the for FY 1999. government of a city, county ~

pastentities.

f ear, do not have a significant impact on Attachment 1 to Appendix A township, village, school district or special smil district with a population of less than 50.000; Dy maintaining the maximum annual fee U.S. Nuclear Itegulatory Commission Smoff 5. Small educational institution-an for small entities at $1,800, the annual fee for Entity Compliance Guide, Fiscal Year 1999 educational institution supported by a many small entitles is reduced while at the qualifying small governmentall unsdiction, same time materials licensees, including Contents or one that is not state or publicly supported small entities, would pay for most of the FY introduction and has 500 or fewer employeesP 1999 costs attributable to them. The costs not NRC Definition of Small Entity recovered from small entitles are allocated to NRC Small Entity Fees NRC Small Entity Fees other materials licensees and to power Instructions for Completing NRC Form in 10 CFR 171.16(c), the NRC has reactors. flowever, the amount that must be established two tiers of small. entity fees for recovered from other licensees as a result of Introduction licensees that qualify under the NRC's size maintaining the maximum annual fee is not The Small flusiness Regulatory standards. Currently, these fees are as I

expected to increase significantly. Therefore, Enforcement Fairness Act of 19% (SBREFA) follows:

l 8 An educational institution referred to in the ozn nahonally rewgnized accredit ng agancy or provides an educational program for which it stantrds is an entity whome primary function is anociation who is legally authorized to provide a awards academic degrees. and whose educational education, whone programs are accredited by a program of organized instruction or study, who programs are available to the public,

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i Federal Register /Vol. 64, No, 62/ Thursday, April 1,1999/ Proposed Rules 15903

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Maximum an-nual fee per li-censed cat-09ofY l

Small Business Not Engaged in Manufacturing and Small Not-For Profit Organizations (Gross Annual Receipts):

$1,800

$350,000 to $5 million . ,

Less than $350,000 .

400 Manufacturing entittes that ha/e an average of 500 employees or less:

35 to 500 employees - 1.800 Less than 35 employees . . . .. _. . . . . . .

400 Small Govemmental Jurtsdictions (including publicly supported educational institutions) (Population):

1,800 20,000 to 50,000 .

Less than 20,000 - .

400 Educational Institutions that are not State or Pubhcly Supported, and have 500 Employees or Lt..s:

1,800 35 to 500 employees Less than 35 employees . 400 To pay a reduced annual fee, a licensee licensed activities. There are limited , maximum renual fee shown on NRC Form must use NRC Form 526, enclosed with the exceptions as set forth at 13 CFR 121.104, 526 for the size standard under which the fee invoice, to certify that i. meets NRC's size These are: the term receipts excludes net licensee qualifies, resulting in a fee of either standards for a small entity. Failure to file capital gains or losses, taxes collected for and $900 or $200 for each fee category billed NRC Form 526 in a timely manner may result remitted to a taxing authority if included in instead of the full small entity annual fee of  ;

in the denial of any refund that might gross or total income, proceeds from the $L800 or $400.

otherwise be due. transactions between a concern and its A new small entity form (NRC Form 526) m c w %n aMaks M ab eEW mW W Med we 6e E ead nscal year Instructions for Completing NRC Form 526 from gross or total income on a consolidated to qualify for reduced fees for that fiscal year. 4

1. File a separate NRC Form 526 for each return filed with the IRS), and amounts Because a licensee's " size," or the size l collected for another by a travel agent, real standards, may change from year to year, the l annual fee invoice received.

2. Complete all items on NRC Form 526 as estate agent, advertising agent, or conference invoice reflects the full fee and a new Form  !

follows: management service provider. must be completed and returned for the fee l

a. The license number and invoice number (3) A licensee who is a subsidiary of a large to be reduced to the small entity fee. I must be entered exactly as they appear on the entity does not qualify as a small entity. LICENSEES WILL NOT BE ISSUED A NEW 1 annual fee invoice. (4) The owner of the entity,or an official INVOICE FOR THE REDUCED AMOUNT. l

b. The Standard Industrial Classification empowered to act on behalf of the entity, The completed NRC Form 526, the payment

- (SIC) Code should be entered if it is known must sign and date the small entity of the appropriate small entity fee, and the c.The licensee's name and address mus be certification. "Payrnent Copy" of the invoice should be entered as they appear on the invoice. Nar e The NRC sends invoices to its licensees for mailed to the U.S. Nuclear Regulatory and/or address changes for billing purposo die full annual fee, even though some entities Commission, License Fee and Accounts must be annotated on the invoice. Correctig qualify for reduced fees as a small entity. Receivable Branch at the address indicated the name and/or address on NRC Form 526 Licensees who qualify as a small entity and on the invoice, or on the Mice does not constitute a file NRC Form 526. which certifies eligibility If you have questions about the NRC's request to amnd the license. Any request to for small entity fees, may pay the reduced annual fees, please call the license fee staff amend a licenso is to be submitted to the fee, which for a full year is either $1.800 or at 301-415-7554, e-mail the fee staff at respective licensing staffs in the NRC 5400 depending on the size of the entity, for fees @nrc. gov, or write to the U.S. Nuclear Regional or Headquarters Offices. each fee category shown on the invoice. Regulatory Commission, Washington, DC

d. Check the appropriate size standard Licensees granted a license during the first 20555, Attention: Office of the Chief under which the licensee quahfies as a small six months of the fiscal year and licensees Financial Officer.

entity. Check one box only. Note the who file for termination or for a possession False certification of small entity status following: only license and permanently cease licensed could result in civil sanctions being imposed (1) The size standards apply to the activities during the first six months _of the by the NRC under the Program Fraud Civil licensee, not the individual authorized users fiscal year pay only 50 percent of the anntal Remedies Act,31 U.S.C. 3801 et. seg. NRC's listed in the license. fee for that year. Such an invoice states the implementing regulations are found at to (2) Gross annual receipLs as used in the " Amount Billed Represents 50% Proration." CFR part 13.

size standards includes all revenue in This means the amount due from a small (FR Doc. 99-7843 Filed 3-31-99; 8:45 am) whatever form received or accrued from entity is not the prorated amount shown on whatever sources, not solely receipts from the invoice but rather one-half of the eiwNG COoE 75e0-01-P

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