ML20236W772

Informs That Encl Document Was Sent to EDO Ofc for Publication in Wir for Next Wk

ML20236W772
Person / Time
Issue date:	03/27/1998
From:	Pini L NRC
To:	Gerard Jackson NRC
Shared Package
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References
FRN-63FR16046, RULE-PR-140, RULE-PR-170, RULE-PR-171, RULE-PR-2 AF83-1-027, AF83-1-27, NUDOCS 9808060202
Download: ML20236W772 (28)

Text

a e From: Lorna Pini To: TWD2.TWP9.GCJ Date: 3/27,98 9:40am

Subject:

Items of interest Document

<WP Attachment Enclosed >

Glenda, The attached document was sent to the EDO's office for publication in the Wetkly information Report for next week. '

Lorna

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J 9808060202 980728 PDR PR 2 63FR16046 PDR p d' 1 L_- -

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Office of the Chief Financial Officer ,

items of Interest For Week Ending March 27,1998 1

&qposed Rule Sioned by the CFO On March 24,1998, the Chief Financial Officer approved I rroposed rule that amends 10 CFR l Parts 170 and 171 These proposed amendments to the Commission's fee regulations are necessary to implement the requirements of Public Law 101-508 to recover 100 percent of the FY 1998 budget authority through fees. The proposed rule is consistent with the March 23, 1998, Staff Requirements Memorandum for SECY-98-034.

l The proposed annual fees would increase by about 0.1 percent compared 'n FY 1997. The )

increase in the annual fees results primarily from a decrease in the nurrbed of licensees paying !

annual fees. The proposed change is consistent with NRC's intention, stated in the FY 1995 final rule, that beginning in FY 1996, annual fees would be stabilized by adjusting prior year annual fees by the percent change (plus or minus) in the NRC budget authority taking into j consideration the estimated collections from Part 170 fees and the number of licensees paying fees.

The FY 1998 proposed annual fees are compared to those assessed for FY 1997 in the following table:

Ranae of Annual Fees  !

Proposed Class of Ligensees FY 1997 FY 1998 l

Operating Power $2,978,000 $2,980,000 Reactors Fuel Facilities $648,000 - $2.6M $649,000 - $2.6M Uraraum Recovery $22,300 - $61,600 $22,300 - $61,800 Facilities

! Independent Spent Fuel $282,000 $283,000 l Storage Facilities Transportation $1,000 - $78,900 $1,000 - $78,900 Approval Holders Material Users $490 - $23,500 $490 - $23,500

s Other aspects of the proposed rule that the Commission should note are:

The professional hourly rates for the reactor and materials programs would be revised based on the number of direct FTEs for FY 1998. The FY 1998 proposed hourly rate for the reactor program is $124 per hour as compared to $13 per hour for FY 1997. The FY 1998 proposed hourly rate for the materials program is $121 per hour as compared j to $125 per hour for FY 1997.

The materials " flat" licensing fees and the export and import licensing fees would be revised to reflect the change in the hourly rates.

$170.12(g) would be amended to add full cost recovery for resident inspectors and recovery of costs incurred within 30 days after issuance of the inspection report.

A procedural change would be implemented whereby Part 170 fees would be assessed for activities performed during compensated overtime.

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@170.12(h) and $171.19 would be amended to provide additional methods of payment, such as credit cards.

The NRC would continue to assess two fees for licensees that qualify as small 0,itities under the NRC's size standards. In general, licensees with gross annual receipts of

$350,000 to $5 million pay a maximum fee of $1,800. A second or lower tier small entity l fee of $400 is in place for small entities with gross annual receipts of less than $350,000 and small governmentaljurisdictions with a population of less than 20,000. No change will be made in the amount of the small entity fees because the small entity fees are not based on the budget but are established at a level to reduce the impact of fees on small entities.

This notice informs the Commission that, in accordance with the rulemaking authority delegated to the CFO, the CFO has signed this proposed rule and proposes to forward it to the Office of the Federal Register for publication.

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Wednesday April 1,1998 i

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Nuclear Regulatory  !

Commission 10 CFR Pads 2,140,170 and 171 Revision of Fee Schedules; 100% Fee Recovery, FY 1998; Proposed Rule i g

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Federal Register / Vol. 63. No. 62 / Wednesdav. April 1.1%a / Propowd Rules 16046 highlighted in this final rule 16t FR proposed changes to 10 CD Parts 170 1620t April 12.19%) and bear on the NUCLEAR REGULATORY

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and 171 may be examined at the NRC -

COMMISSION Public Document Room,2120 L Street approach for establishing annual fees set NW. (Lower Les el). Washington, DC forth in this proposed rule.

10 CFR Parts 2,140,170 and 171 20555-0001 Comments received may II. Proposed Action also be viewed and downloaded The NRC is proposmg to amend its h

RIvision of Fee Schedules; 100% Fee Recovery, FY 1998 g

"[T] " -6 hceming. inspection. and annual fees to recover approximately 100 percent of its ,

FY 1998 budget authority, mcluding the AGENCv: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: budget authority for its Office of the Commission. Glenda Jackson. Office of the Chief Inspector Gennal. less the ACTION:Propos~l rule. Financial Ofiicer, U.S. Nuclear appmpriations received from the NWi, Regulatory Commission. Washington' and the General Fund. For FY 1998, the SUWMARY: The Nuclear Regulatory DC 20555-0001, Telephone 301-415 NRC s budget authority is $472.8 Commission (NRC) is proposing t 6057' million, of which $15.0 million has amend the licensing, inspection, and been appropriated from the NWF. In SUPPLEMENT ARY INFORMATION: '

annual fees charged to its applicants addition, $3.0 million has been I.11ackground-and licensees. The proposed appropriated from the General Fund for amendments are necessary to 11. Propused Action 111. Section by-section Analysis' rical activities related to commetcial implement the Omnibus Budget IV. Environmental !mpact: Catego vitrification of waste stored at the Recor ciliation Act of 1990 f0 BRA-90), " Department of Energy Hanford, which mandates that the NRC recover V.Pfp k Reduction Act Statement. Washington site, and for the pilot approximately 100 percent of its budget VI. Regulatory Analysis.

VII. Regulatorv Flexibility Analysis. program for the external regulation of authority in Fiscal Year (FY) 1998, less the Department of Energy. The FY 1998 amounts appropriated from the Nuclear Vill. Backfit Analysis.

appmpriation language states that the

' Waste Fund (NWF). The amount to be I. Background $3.0 million appropriated for regulatory recovered for FY 1998 is approximately reviews and other activities pertaining Public Law 101-508. the Omnibus

$454.8 million. The NRC is also Budget Reconciliation Act of 1990 to waste stored at the llanford, proposing to provide additional (OBRA-90). enacted November 5,1990 Washington site and activities payment methods for civil penalties and associated with the pilot program for indemnity fees, as well as annual and requires that the NRC recover licensing fees. approximately 100 percent of its budget external regulation of the Department of authority, less the amount appropriated Energy shall be excluded from license DATES:The comment period expires fee revenues notwithstanding 42 U.S.C.

frons the Department of Energy (DOE)

May 1,1998. Comments received after administered NWF, for FYs 1991 2214. Therefore, NRC is required to this date will be considered if it is through 1995 by assessing fees. OBRA- collect approximately $454.8 million in practical to do so, but the NRC is able FY 1998 through 10 CFR Part 170 to ensure only that comments received 90 was amended in 1993 to extend the NRC's 100 percent fee recovery licensing and inspection fees and to on or before this date will be CFR Part 171 annual fees.

considered. Because OBRA-90 requires requirement through FY 1998. The total amount to be recovered in The NRC assesses two types of fees to that NRC collect the FY 1998 fees by fees for FY 1998 is $7.5 million less recover its budget authority. First, September 30,1998, requests for license and inspection fees, established than the amount estimated for recovery extensions of the comment period will for FY 1997. The NRC estimates that at 10 CFR Part 170 under the authority not be granted, approximately $94.6 inillion will be of the Independent Offices AoonssaEs: Mail written comments to: A PPropriation Act ilOAA),31 U.S.C. recovered in FY 1998 from fees assessed Secretary, U.S. Nuclear Regulatory 9701, recover the NRC's costs of under 10 CFR Part 170 and other Commission, Washington, DC 20555- receipts, compared to $95.2 million in 0001, A'ITN: Rulemakings and Providing individually identifiable FY 1997. The remaining $360.2 million services to specific applicants and Adjudications Staff,liand deliver licensees. Examples of the services would be recovered in FY 1998 through comments to: 11555 Rockville Pike, the 10 CFR Part 171 annual fees. The Rockville, Maryland 20852, between Provided by the NRC for whkh these total amount to be recovered through 7:30 am and 4:15 pm Federal workdays, fees are assessed are the review of annual foes in FY 1998 is approximately (Telephone 301-415-1678). Comments applications for the issuance of new licenses, approvals or renewals, and $6.4 mittion less than in FY 1997.

may also be submitted via the NRC's amendments to licenses or approvals. In addition to the decrease in the total interactive rulemaking website through amount to be recovered through annual Second, annual fees, established in 10 the NRC home page (http:// fees and the slight reduction in the CFR Part 171 under the authority of www.ntc. gov). Fioin the NRC estimated amount to be recovered in 10 OBRA-90, recover generic and other homepage, select "Rulemaking" from CFR Part 170 fees, the number of the tool bar. The interactive rulemaking regulatory costs not recovered through licensees paying annual fees in FY 1998 website can then be accessed by 10 CFR Part 170 fees.

On April 12,1996 (61 FR 16203), the has decreased compared to FY 1997. For selecting "New Rulemaking Website" This site provides the availability to NRC published its final rule establishing example, Commonwealth Edison has the licensing. inspection, and annual notified the NRC that the Zion Station upload comments as files (any format), Units 1 and 2 ceased operations on if your web browser supports that fees necessary for the NRC to recover function. For information about the approximately 100 percent ofits budget February 13,1998. In addition, both the authority for FY 1996, less the lladdam Neck Plant and the Maine interactive rulemaking site, contact Ms.

Carol Gallagher,301-415-5905; e-mail appropriation recwived from the Nuclear Yankee Plant ceased operations during Waste Fund. Several changes to the fees FY 1997 and therefore are not subject to CAG@nrc. gov.

Copies of comments received and the assessed for FY 1996 were adopted by the FY 1998 annual fees. This is th9 NRC. These chanres were equivalent to a reduction of 2.5 power agency workpapers that support these

Federal Register /Vol. 03. No. 62/ Wednesday, April 1,1998 / Proposed Rulos \

16047 {

reactors subject to the FY .998 annual As a result of these changes, the fees compared to FY 1997. The Big Rock fee categories are the sa.ne as the final Point Plant, a small older reactor proposed FY 1998 annual fees would increase slightly, by 0.1 percent. (rounded) FY 1997 annual fees. The' historically from the annualgranted a partial exemption compared to the FY 1997 actual fee, also ceased change to (prior the annual fees is described to rounding) annual fees. Because this is in more detailin Section B. The operations in FY 1997 and is no longer followin8 examples illustrate the subject to annual fees. a slight increase, after rounding the proposed FY 1998 annual fees for many changes in annual fees:

py 3997 FY 1998 annual fee Class of Licensees: a[n ifee Power Reactors Nonpower Reactors . ..

02.978.000 $2,980.000 High Enriched Uranium Fuel Facdity - 57,300 57.300 Low Enriched Uranium Fuel Facdity 2.606,000 UF Conversson Facdety - 2.607.000 1,279.000 1,280.000 Uranium Mills ...-.., 648,000 Typical Matenals Ucenses: 649.000 Radeographers - 61.800 61,800 We# Loggers -

14,100 14,100 Gauge Usecs : - .-

Broad Scope Med6 cal - 8.200 8,200 1.700 1.700

_ . . . . - j 23,500 23.500 Because the final FY 1998 fee rule will be a " major" final action as defined fee exemption policy for licensees in by the Small Business Regulatory decommissioning or holding possession Appropriation Act (IDAA) recover the only licenses and the annual fee policy full cost to the NRC ofidentifiable Enforcement Fairness Act of 1996, the regulatory services that each applicant for reactors

• storage of spent fuel. Any or licensee receive.,.

NRC's fees for FY 1998 would beccme i effective 60 days after publication of the changes to the current fee policies will First, the NRC proposes to revise final rule in the Federal Register. The be included in the FY 1999 fee

$ 170.12(g) to include the following for NRC will send an invoice for the rulernaking. One purpose of the study is cost recovery:

i amount of the annual fee upon to assure consistent fee treatment for (1) Full-cost recovery for resident publication of the FY $ 998 final rule to both wet storage (i.e., spent fuel pool) inspectors. .

reactord and major fuel e:ycle facilities. and dry storage (i.e., independent spent Cunently, resident inspectors

• time is For these licensees, payment would be fuel storage installations, or ISFSIs) of billed to the site to which they are due on the effective date of the FY 1998 spent fuel. The Commission has assigned only if the time is reported to rule. Those materials licensees whr ee previously determined that both storage a specific inspection report number. The license anniversary date during FY 1998 options are considered safe and remaining costs related to the resident falls before the effective date of the final acceptable forms of storage for spent inspector are recovered in the annual FY 1998 final rule would be billed fuel. Under current fee regulations, Part fees assessed to alllicensees in the during the anniversary month of the 50 licensees in decommissioning who class. Because the assignment of a I

license and continue to pay annual fees store spent fuel in the spent fuel pool resident laspector to a site is an are not assessed an annual fee, but identifiable service to a specific

' at the FY 1997 rate in FY 1998. Those licensees who store spent fuelin an materials licensees whose license licensee the NRC is proposing that all anniversary date falls on or after the ISFSI under Part 72 are assessed an of the resident inspectors' official duty annual fee. The NRC will review this time (i.e.. excluding leave) be billed to I effective date of the final FY 1998 final rule would be billed at the FY 1998 policy as part of the overall study of the the specific licensee under Part 170.

revised rates during the anniversary issues related to annual fees for This cliange would be applicable to all licensees in decommissioning, classes of licensees having resident month of the license and payment would be due on the date of the invoice, other The NRC is also proposing to make inspectors.

j changes to to CFR Parts 170 and The NRC is announcing here that it (2) Costs expended within 30 days plans to discontinue mailing the final 171 as discussed in Sections A. and B. after the issuance of an inspection below: report.

rule to alllicensees. In addition to ublication in the Federal Register, the A. Amendments t to CFR Port 170: Section 170.12 (g) provides that costs mal rule will be available on the fees f r Facilities, Motenols, Import and will be assessed for completed internet at http://ruleforum.llnl. gov /. Export I; censes, and Other Regulotory inspections. Currently, for fee recovery Copies of the final rule will be mailed S'"lC#8 purposes, an inspection is considered to upon request. To obtain a copy of the The NRC proposes four amendments be completed when the inspection final rule, contact the License Fee and report is issued. The result is that costs Accounts Receivable Branch, Division to 10 CFR Part 170. These amendments expended after the report is sent are of Accounting and Finance. Office of the for would not changefees the regulation-that the be underlying assessedbasis recovered through the annual fees Chief Financial Officer, at 301 415- to applicants, persons, and licensees for imposed on all licensees in that class.

' 7554 As a matter of courtesy,the NRC specific identifiable services rendered. Activities that occur after the plans to continue to send the proposed inspection report is issued, such as rule to all licensees, The amendments also comply with the follow-up on the inspection findings, g The NRC is also announcing here that guidance in the Conference Committee Report on OBRA-90 that foes assessed are identifiable services for specific it plans to reexamine the current annual under the Independent Offices licensees. Therefore. NRC proposes to  !

assess Pan 170 fees for these services. I t

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16048 Federal Register / Vol. 63. No. 62 / Wednosday, April 1,1998 / Proposed Rules l However,in order to establish a clear appropriately included only in the Part in to CFR 170.12(g). NRC will -

interval during which accumulated 171 annual fee. coordinate with the licensee to establish costs would be billed, the proposed in addition, Section Chiefs are [. l change to Part 170 would recover costs a mutually agreeable billing schedule included as overhead in the calculation and will issue an invoice for inspection

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from the specific licensee for activities of the proposed FY 1998 hourly rates, costs that have accumulated.

that occur within 30 days after the and any specific Section Chief effort The NRC is developing a system that issuance of the inspection report. This expended for reviews and inspections will accommodate routine billing for change would result in recovery of 80 will not be billed to the applicant or accumulated inspectio'n costs at a ,

percent of these accumulated costs licensee. Previously, the Section Chiefs' specified interval. Once that system is under Part 170, and would continue to time for specific licensing and j available, the NRC intends to progress provide applicants and licensees with a inspection activities were directly billed bill for all inspections. The staffis difinitive point at which billing would under Part 170 to the applicant or seeking early comment on the long-tenn estse. licensee. This change is consistent with policy in this FY 1998 proposed rule.

Second, the NRC roposes to revise the current budget structure which The necessary revision to 10 CFR 170 6170.12(h) to incluke credit cards as an includes Section Chiefs as overhead. would be made in future rulemaking i (dditional method of payment, and to Fourth, the NRC proposes to adjust when the system is available to provide additionalinformation on the current Part 170 licensing fees in accomplish this.

Electronic payments. Credit card $$ 170.21 and 170.31 to reflect the revised hourly rates. B. Amendments to 10 CFR Pan 272:

payments would be accepted for small Annual fees for Reactor Operating N P$ gtm dollar payments. Electronic payments may be made by Fedware (a funds h'gy,7,$, 7o f s thrtcover Ucenses, and fuel Cycle Ucenses and costs for all of the resident inspectors, Materials Ucenses. Including Holders of transfer system operated by the Federal Certificates of Compliance, ,

R: serve System) or b Automated official duty time (i.e, excluding leave) and costs incurred within 30 days after Registratwns, and Quality Assurance Clearing House (ACI ). ACH is a Pmgmm Approvals and Government nttionwide processing and delivery issuance of an inspection report.

(2) Offer additional payment methods Ageneres Ucensed by NRC facility that provides for the distribution for 10 CFR Part 170 fees. The NRC proposes four amendments and settlement of electronic financial (3) Revise the two 10 CFR Part 170 transactions. Electrome payment will to 10 CFR Part 171.

hourly rates. First, the NRC proposes to amend not only expedite the payment process, (4) Revise the licensing (application but will also save applicants and S 171.13 to delete specific fiscal year and amendment) fees assessed under 10 references.

licmsees considerable time and money CFR Part 170 to reflect the revised Second, the NRC proposes to amend ovtr a paper-based payment system. hourly rates. SS 171 15 and 171.16 to revise the Third, the NRC proposes that the two Although not a specific change to Part annual fees for FY 1998 to recover profrasional fiourly rates established in 170, the NRC also is announcing plans approximately 100 percent of the FY FY 1997 in S 170.20 be revised based on to change the current policy with regard 1998 budget authority,less fees ths FY 1998 budget. These proposed to fees for activities performed during collected under 10 CFR Part 170 and ratzs would be based on the FY 1998 overtime. Currently only work funds appropriated from the NWF and direct FTEs and the FY 1998 budget performed during regular hours is billed the General Fund. In the FY 1995 final sxcluding direct program support anc to the applicants and licensees. To more rule, the NRC stated that it would tha appropriation from the NWF or ta e fully recover costs under Part 170, the stabilize annual fees as folbws.

Gentral Fund. These rates are used to NRC plans to assess Part 170 fees for Beginning in FY 1996, the NRC would detzrmine the Part 170 fees. The NRC is compensated overtime hours expended adjust the annual fees only by the proposing to establish a rate of $124 per for activities covered by Part 170, such percentage change (plus or minus)in hour ($219,901 per direct FTE) for the as reviews of applications, inspections, NRC's total budget authority unless reactor program.This rate would be Part 55 exams, and special projects. The there was a substantial change in the tpplicable to all activities for which fees compensated overtime hours will be total NRC budget authority or the cre based on full cost under S 170.21 of billed at the normal hourly rate. magnitude of the budget allocated to a the fee regulations. A second rate of In addition, the NRC is also specific class of licensees. If either case

$121 per hour (5214.185 per direct FTE) announcing plans to bill for occurred, the annual fee base would be is proposed for the nuclear materials accumulated inspection costs prior to recalculated (60 FR 32225; June 20, and nuclear waste program. This rate issuance of the inspection report under 1995). The NRC also indicated that the would be applicable to all materials certain circumstances. Cunently, as percentage change would be adjusted activities for which fees are based on provided in 10 CFR 170.12(gl. based on charyges in 10 CFR Part 170 full cost under 5170.31 of the fee inspection costs are billed only after the fees and other adjustments as well as on regulations. In the FY 1997 final fee inspection is completed, i.e. when the the number of licensees paying the fees.

I rule, these rates were 3131 and $125, .nspection report is issued. As a result, in the FY 1996 final rule, the NRC I respectively. The decrease in the hourly in some cases inspection costs stabilized the annua i fees by I

rites is primarily due to a change in accumulate over several billing cycles, establishing the annual fees for all I

application of the types of costs and the licensee receives one invoice for licensees at a level of 6.5 percent below included in the hourly rates. Previously, these accumulated costs rather than the FY 1995 annual fees. For FY 1997, the hourly rates were determined based being billed as the costs are expended. the NRC followed the same method as on the premise tfiat surcharge costs flowever, NRC plans to progress bill for used in FY 1996. Because the amount to should be shared by those paying Part inspections in selected cases where it is be recovered through fees for FY 1997 170 fees for services as well as those determined that such billing would be was identical to the amount to be '

paying Part 171 annual fees. The in the best interest of the agency and the recovered in FY 1996, establishing new proposed hourly rates have been licensee. If it is determined that the baseline fees was not warranted for FY determined based on the principle that accumulated costs warrant an exception 1997. Based on a change in the the surcharge costs are more to the billing method currently provided distribution between Parts 170 and 171

Federal Register /Vol. 63. No. 62 / Wednesday. April 1.1998 / Proposed Rules 16049 fees. a reduction in the amount of the budget recovered for 10 CFR Part 170 TABLE l.-CALCULOON OF THE PER. from the requirement that the annu fees. a reduction in other offsetting CENTAGE CHANGE TO THE FY 1997 in waived only when a license is adjustments. and a reduction in the ANNUAL FEES terminated beforu October 1 of each number of licensees paying annual fees, (Dollars in Whons) hscal year.

the FY 1997 annual fees for all licensees  !

Fourth, S 171.19 would be amended to increased 8.4 percent compared to the FY97 FY98 update fiscal year references and to FY 1996 annual fees. In addition. Total Budget 1 credit the partial payments made by

$476.8 be8i nnin8 in FY 1997, the NRC made an Less NWF ........... . - 11.0 S4 72.8 certain hcensees in FY 1998 either adjustment to recognize that all fees Less General Fund - 15.0 toward their total annual fee to be IHanford Tanks, assessed or to make refunds,if billed in a fiscal year are not colle .ted in that year. piso for Re9uta- necessary. Section 171.19(a) would also tion of DOE) . - 3.5 - 3.0 be amended to provide credit cards as As indicated in the FY 1995 final rule. an additional method of payment, and because there has not been a substantial Total Fee Base ... 462.3 454.8 to Provide additional information on change in the NRC budget orin the Less Part 170 Fees 95.2 94.6 electronic payments. Credit card

t. ass other receipts magnitude of a specific budget Part 171 Fee Collec.

Payments would be accepted for small allocation to a class oflicensees, the tions Required .... dollar payments. Electronic payments 367.1 360.2 may be made by Fedwire (a funds NRC intends to contimie to stabilize Part 171 Billing Ad-annual fees by following the same justment 5: ,

transfer system operated by the Federal Reserve System) or b Automated method used for FY 1996 and FY 1997

• to establish the FY 1998 annual fees. t)npasd FY 1997 in-50 5.8 #

nationwide processing and delivery The FY 1998 amount to be recovered 3.0 3.9 facility that proviHes for the distribution through fees is approximately $454.8 p f million, which is 37.5 million less than pnor yeer in, and settlement of electronic financial voices - transactions. Electronic payments will in FY 1997.The estimated amount to be - 2.0 - 3.2 not only expedite the payment process, recovered in 10 CFR Part 170 fees is Subtotal - 6.0 but will also save applicants and

$94.6 million, compared 19 $95.2 6.5 licensees considerable time and money million for FY 1997. Due largely to the Total Part 171 over a paper. based payment system.

adjustment for the reduced number of Binin9 373a 366.7 The NRC will send an invoice to licensees paying annual fees. the 10 CFR reactors and major fuel cycle facilities Part 171 annual fees must increase iThese adjustments are necessary to en. for the amount of the annual fee upon sure that the "txiled" amount results in the re- publication of the FY 1998 final rule.

slightly in FY 1998 compared to FY "

1997 in order to recover 100 percent of emNts tNtt at w te ooYNedN I '

the budget. The reduced number of 1998. t ee f ve ate o7FY 98 licensees paying annual fees is

.Tb Mh & liEe Third. Footnote 1 of to CFR 171.16(d) anniversary date during FY 1998 falls primarily the result of the equivalent of would be amended to provide for a 2.5 fewer power reactors subject to walver of annual fees for FY 1998 for before the effective date of the final FY annual fees in FY 1998. In addition, for those materials licensees, and holders of 1998 rule will be billed during the FY 1998 there is a reduction of certificates, registrations, and approvais anniversary month of the license and approximately 200 transportation who either filed for termination of their continue to pay annual foes at the FY licenses or approvals or filed for 1997 rate in FY 1998.%ose materials quality assurance approvals as a result possession only/ storage licenses before licensees whose license aNversary of the rulemakin8 in 1997 that date falls on or after the effet.tk date October 1,1997, and permanently combined 34 radiography licenses. these approvals with the Part ceased licensed activities entirely of the byfinal FY 1998 rule would 14 September 30,1997. All other licensees billed, at the FY 1998 revised rates, The FY 1998 annual fees for all and approval holders who held a license during the anniversary month of the licensees would be established at a level or approval on October 1,1997, are license and payment would be due on subject to FY 1998 annual fees. This the dats of the invoice, of 0.1 Percent above the FY 1997 actual The proposed amendtnents to 10 CFR (prior to rounding) annual fees. The change is behg made in recognition of Part 171 do not change the underlying NRC notes that this increase is less than the fact that since the final FY 1997 rule the 2.7 percent inflation factor used by was published in May 1997, some basis for 10 CFR Part 171: that is.

charging a class of licensees for NRC i

the Office of Management and Budget licensees have filed requests for for the FY 1998 budget. Based on the termination of their licenses or costs attributable to that class of licensees. The proposed changes are small change, the rounded FY 1998 certificates with the NRC. Other annual fee for many fee categories is the licensees have either called or rule written to consistent indicating that, for the with the NRC's period FY FY 199 same as the .inal(rounded! FY 1997 the NRC since the FY 1997 final rule 1996-1999, the expectation is that annual fee. Therefore, for many became effective requesting further annual fees would be adjusted by the licensees, the proposed annual fee for clarification and Information concerning percenta8e change (plus or minus) to the FY 1998 is the same as the FY 1997 'the annual fees assessed. The NRC is NRC's budget authority adjusted for annual fee. Table I shows the total responding to these requests as quickly NRC offsetting receipts and the number budget and amounts of fees for FY 1997 as possible. However, the NRC was and FY 1998.

unable to respond and take action on all of licensees paying annual fees.

In addition to the amendment to 10 requests before the end of the fiscal year CFR Parts 170 and 171, the NRC is on September 30,1997. Similar proposing conforming amendments to

situations existed after the FY 1991-10 CFR Parts 2 and 140 to include the 1996 rules were published, and in those additional methods of payments cases, the NRC provided an exemption provided in 10 CFR Parts 170 and 171.

16050 Federal Register / Vol. 03. No. 62 /Wednesde. April 1,1998 / Proposed Rules 111. Section-by Section Analysis Part 170 rates are based on the FY 1998 direct I FTEs and NRC budgeted costs that are Section 170.12 Payment : ' Fees -

The fo1 lowing anal > sis of 0iose not recovered through the appropriation sections that would be amended by this Paragraph (g) would be revised to from the NWF or the General Fund. The proposed rule provides additional indicate that costs incurred within 30 NRC has continued the use of cost explanatory information. All references days after the inspection report is issued center concepts established in FY 1995 are to Title 10. Chapter 1. U.S. Code of will be billed to the specific licensees, in allocating certain costs to the reactor Federal Regulations. and that inspection fees will be assessed and materials prograrns in order to more for each assigned resident inspector closelv align buogeted costs with Part 2 based on the number of hours the specific classes of licensees. The Section 2.205 Civil Penalties assigned resident inspector (s)is in an method used to determine the two official duty status (i.e.. excluding professional hourly rates is as follows:

Paragraph 2.205(i) would be revised leave). 1. Direct program FTE levels are l

to provide additional methods of Paragraph fh) would be revised to identified for both the reactor program j payment, such as Automated Clearing provide additional methods of payment and the nuclear material and waste i

11ouse and credit cards, and to clarify for fees assessed under 10 CFR 170 and program.

thct payments are to be made in U.S. to clarify that payment should be made 2. Direct contract support, which is funds to the U.S. Nuclear Regulatory in U.S. funds. the use of contract or other services in Commbslon. support of the line organir.ation's direct Section 170.20 Average Cost per I d fto e Part 140 Professional Staff-Hour ['[,'}on$Y")ho,y because Section 140.7 Fees This section would be amended to the costs for direct contract support are establish two professional staff hour charged directly through lhe various Paragraphs (a)(5) and (c) would be rates based on FY 1998 budgeted costs- categories of fees. -

l revised to delete references to payment one for the reactor program and one for 3. All other direct program costs (i.e.,

instructions. A new paragraph (d) the nuclear material and nuclear waste Salaries and Benefits, Travel) represent would be added to provide payment program. Accordingly, the NRC reactor "in house" costs and are to be allocated instructions, including clarification that direct staff. hour rate for FY 1998 for all by dividing them uniformly by the total payments are to be made in U.S. funds activities whose fees are based on full number of direct FTEs for the program.

to the U.S. Nuclear Regulatory cost under 5170.21 would be $124 per In addition, salaries and benefits plus Commission and to provide additional hour, or $219,901 per direct FTE. The contracts for general and administrative methods of payments, such as NRC nuclear material and nuclear waste support are allocated to each program Automated Clearing liouse and credit direct staff-hour rate for all materials based on that program's salaries and cards. activities whose fees are based on full benefits. This method results in the i

cost under $ 170.31 would be $121 per following costs which are included in hour, or $214,185 per direct FTE. The the hourly rates.

TABLE ll.-FY 1998 BUDGET AUTHORITY To BE INCLUDED IN HOURLY RATES (Dollars in minionst Reactor Matenals program program Cirect Program Salaries & Benefits $103.9 $20.5 Cherhead Salaries & Benefits. Program Travel and Other Support _ 55.3 514.8 Allocated Agency Management and Support - 101.7 $22.0 260.9 $57.3 l Subtetal - _ -

i Loss offset 6ng receipts.

Total Budget included in Hourty Rate

$260.9 $57.3 1,186.4 267.3 Program Direct FTEs $219,901 $214,185 Rate per Direct FTE 124 121 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 />)

, Dividing the $260.9 million (rounded) (rounded to the nearest whole dollar). productive hours in one year (1,776 budget for the reactor program by the This rate is calculated by dividing the hours).

reactor program direct ITEs (1,186.4) cost per direct FTE ($219,901) by the The proposed FY 1998 hourly rates results in a rate for the reactor program number of productive hours in one year are slightly lower than the FY 1997 of $219,901 per FTE for FY 1998. (1,776 hours0.00898 days <br />0.216 hours <br />0.00128 weeks <br />2.95268e-4 months <br />) as indicated in the revised rates. The decrease in the hourly rates Dividing the $57.3 million (rounded) OMB Circular A-76," Performance of is primarily due to a change in budget for the nuclear materials and Commercial Activities."The Direct FTE application of the types of costs nuclear waste program by the program liourly Rate for the materials program includbd in the hourly rates. Previously, direct FTEs (267.3) results in a rate of would be $121 per hour (rounded to the the hourly rates were determined based

$214,185 per FTE for FY 1998. The nearest whole dollar). This rate is on the premise that surcharge costs r Direct FTE 11ourly Rate for the reactor calculated by dividing the cost per should be shared by those paying Part (

program would be $124 per hour direct ITE ($214.1851 by the number of 170 fees for services as well as those \

L

_ _ _ _ - -- _ - - - - - ~ ~ --

Federal Rcgister/Vol. 63. No. 02/ Wednesday April 1.1998/ Proposed Rules 16051

- paying Part 171 annual fees. The __-

proposed hourly rates have been The proposed licensing " flat" fees are Section 172.16 Annuof fees: M determined based on the principle that applicable to fee categories 1.C and 1.D; ,

2.B and 2.C: 3.A through 3.P; 4.B Licensees, Holders of Certificates of

' the surcharge costs are more Complionce, Hofders of Sealed Source i

appropriately included only in the Part through 9.D.10.B.15.A through 15.E 171 annual fee. and 16. Applications filed on or after ond Device Registmtions, Holders of the effective date of the final rule woulo Quality Assumnce Progmm Approvols.

be sub :o he revised fees in this and Government Agencies Licensed by Section 170.22 Schedule offeesfor the NRC Production and Utilization Facilities.

Review ofStondord Reference Design P $r those licensing, inspection, and [*

Approvals, Specia/ Projects, Inspections review fees that are based on full-cost Section 171.16(c) covers the fees andImport and Export Licenses recovery (cost for professional staff assessed for those licensees that can The NRC is proposing to revise the hours plus any contractual services), the qualif as small entities under NRC size licensing and inspection fees in this proposed materials pro;vam hourly rate standards. A materials licensee may pay section, which are based on full-cost of $121, as shown in $ 1,0.20, would a reduced annual fee if the licensee I

recovery, to reflect FY 1998 budgeted apply to those professional staff hours qualifies as a small entity under the expended on or after the effective date NRC's size standards and certifies that costs and to recover costs incurred by of the final rule. it is a small entity using NRC Form 526. I p t on ce t iden a e Port J72 The NRC will continue to assess two recipients. The fees assessed for services Section 172.13 Notice fees for licensees that qualify as small l

provided under the schedule are based entitles under the NRC,s size standards, on the professional hourly rate, as The lan8uage in this section would be in general, licensees with gross annual shown in $ 170.20, for the reactor revised to delete specific fiscal year recelPts of $350,000 to 55 million pay program and any direct program suppon references' a maximum annual fee of$1,80& A (contractual services) costs expended by Section 272.15 Annualfee: Reactor second or lower-tibt small entity fee of the NRC. Any professional hours Operating Licenses $400 is in place for small entitles with expended on or after the effective date The annual fees in this section would gross annual receipts ofless than i of the final rule will be assessed at the $350.000 and small governmental FY 1998 hourly rate for the reactor be revised as described below.

program, as shown in S 170.20.The fees Paragraphs (b) (c)(1), (c)(2), (e) and (f) jurisdictions with a population ofless than 20,000. No chan8e in the amount in $ 170.21 for the review of import and would be revised to comply with the of the small entity fees is being requirement of OBRA-90 that the NRC export licensing, facility Category K.

, recover approximately 100 percent ofits proposed because the small entity fees i would be adjusted for FY 1998 to reflect budget for FY 1998. are not based on budgeted costs but are the revised hourly rate.

[,. Paragraph (b) would be revised in its established at a level to reduce the entirety to establish the FY 1998 annual impact of fees on small entitles. The

( Section f 70.31 Schedule ofFeesfor Materials Licenses and Other Regulatory ' small entity fees are shown in the Services,includmg Inspections and g,(#*u",Eh,*re gy ce f o Proposed rule for convenience.

import and Export Licenses 1997 to FY 1998. The fees would be established by increasing FY 1997 Section 171.16(d) would be revised to Tbe licensing and inspection fees in establish the FY 1998 annual fees for 1

' this section, which are based on full- ennual fees (prior to rounding) by 0.1 materials licensees, including cost recovery, would be modified to percent. In the FY 1995 final rule, the Government agencies, licensed by the recover the FY 1998 costs incurred by NRC stated it would stabilize annual NRC. The proposed annual fees were i

the NRC in providing licensing and fees by adjusting the annual fees only by determined by increasing the FY 199 inspection services to identifiable the percentage change (plus or minus) annual fees (prior to rounding) by 0.1 recipients. The fees assessed for services in NRC's total budget authority and provided under the schedule would be adjustments based on changes in to CFR percent. After rounding, many of the FY Pad 170 fees as well as in the number 1998 annual fees for materials licensees based on both the professional hourly of licensees paying the fees. The are the same as the FY 1997 annual fees.

rate as shown in S 170.20 for the ,

activities compnsing the base FY 1995 The amount or range of the proposed materials program and any direct program support (contractual services) annual fee and the FY 1995 additional FY 1998 annual fees for rnaterials

(

charge (surchar8e) are listed in licenses is summarized as follows:

costs expended by the NRC. Licensing fees based on the average time to myiew paragraphs (b) and (c) for convenience purposes.

an application ("Ilat" fees) would be MATERIALS (JCENSES-ANNUAL FEE {

adjusted to reflect the decrease in the Each operating power reactor would RANGES pay an annual fee of 52,980,000 in FY professional hourly rate from $125 per 1998. -

hour in FY 1997 to $121 per hour in FY Category of hcense Annual fees Para raph (e) would be revised t i 1998.

show e amount of the FY 1998 annuaj Part 70-High enriched The amounts of the materials $2.607.000 licensing " flat" fees were rounded so fee for nonpow er (test and research)

I reactors. The 1998 proposed fee of Part 70--Low ennched $1.280.000 I

that the amounts would be de minimis $57,300 is the same as the FY 1997 fuel faciMy.

' and the resulting flat fee would be annual fee. The NRC will continue to Part 40-UF conver- 5649.000 convenient to the user. Fees under grant exemptions from the annual fee to sion facility.

31.000 are rounded to the nearest $10. Part 40-Uraniurn re- $22,300 to $61.800 Fees that are greater than 51.000 but less Federally-owned and State. owned dwery facihtes.

than 3100.000 are rounded to the research and test reactors that meet the Part 30-Byproduct Ma- $490 to $23.500' nearest $100. Fees that are greater than exemption criteria specified in tenal Licenses.

5171.11(a)(2). Part 71-Transportation 1.000 to 578.900

$100.000 are rounded to the nearest Paragraph (f) would be revised to

$1.000. of Radioactwe Mate-change fiscal year date references, rial

]

16052 Federal Register / Vol. 6'1, No. 62/Wednesdw. . April 1 1998 / Proposed Rules MATERIAL S LICENSES-ANNUAt. FEE fourth quarwri 3 anvoice terswethe Meher a licensee holds a valid NRC RANGES--Continued full amount of thvised annoal fee e license that authorizes possession and to make refunds as necesseg. Paytnmn use of radioactive material. To remove Category of heense Annual fees of the annual fee is due on the date of any uncertainty, the NRC issued minor the invoice and interest accrues from clarifying amendments to 10 CFR Part 72-independent $283.000 the invoice date. liowever, interest will 171.16. footnotes 1 and 7 on July 20, Storage of Spent Nu- be waived if payment is received within 1993 (58 FR 38700).

clear Fuel. 30 days from the invoice date.

Paragraph (c) would be revised to IV. Environmental. Impact: Categorical

' Excludes the annual fee for a few military Exclusion

master matenals bcenses of t road-scope update fiscal year references.

agencies, which is As in FY 1997, the NRC would The NRC has determined that this ggo Govemment -

continue to bill annual fees for most proposed rule is the type of action Footnote 1 of to CFR 171.16(d) would materials licenses on the anniversary described in categorical exclusion to l be amended to provide a waiver of the date of the license (licensees whose CFR 51.22(c)(1). Therefore neither an l annual fees for matenals licensees, and annual fees are $100,000 or more will environmental impact statement nor an l holders of certificates, registrations, and continue to be assessed quarterly). The environmentalimpact assessment has tpprovals, who either filed for annual fee assessed will be the fee in been prepared for the proposed termination of their licenses or effect on the license anniversary date. regulation. By its very nature, this approvals or filed for possession only/ This proposed rule applies to those regulatory action does not affect the storage only licenses before October 1, matenals licenses in the following fee environment, and therefore, no 1997, and permanently ceased licensed categories: 1.C. an,d 1.D; 2.A. (2) through environmental justice issues are raised.

activities entirely by September 30, 2.C.; 3.A. through 3.P.:4. A. through 1997. All other llcensees and approval 9.D., and 10.B. For annual fee purposes, V. Paperwork Reduction Act Statement holders who held a license or approval the anniversary date of the materials

' This proposed rule cghtains no on October 1,1997, are subject to the FY license is considered to be the first day inf rmation collection requirements 1998 annual fees. of the month in which the original and, therefore, is not subject to the

, Holders of new licenses issued during materials license was issued. For l FY 1998 would be subject to a prorated example,if the original materials license requirements of the Paperwork ennual fee in accordance with the was issued on June 17 then, for annual Reduction Act of 1995 (44 U.S.C. 3501 current proration provision of S 171.17. fee purposes, the anniversary date of the 8'N For example, those new materials materials license is June 1 and the VI. Regulatory Analysis licenses issued during the period licensee would continue to be billed in October 1 through March 31 of the FY June of each year for the annual foe in With respect to 10 CFR Part 170, this will be assessed one. half the annual fee effect on June 1, Materials licensees proposed rule was developed pursuant in effect on the anniversary date of the with anniversary dates in FY 1998 to Title V of the Independent Offices license. New materials licenses issued before the effective date of the FY 1998 Appropriation Act of1952 (IOAA)(31 on or after April 1,1998, will not be final rule will be billed during the U.S.C. 9701) and the Commission's fee essessed an annual fee for FY 1998. anniversary month of the license and guidelines. When developing these -

Thereafter, the full annual fee is due continue to pay annual fees at the FY guidelines the Commission took into and payable each subsequent fiscal year 1997 rate in FY 1998. Those materials account guidance provided by the U.S.

on the anniversary date of the license. licensees with license anniversary dates Supreme Court on March 4,1974, in iu Beginning June 11,1996. (the effective falling on or after the effective date of decision of National Cable Television date of the FY 1996 final rule), affected the FY 1998 final rule would be billed, Association, Inc. v. United States, 415 materials licensees are subject to the at the FY 1998 revised rates, during the U.S. 36 (1974) and Federal Power annual fee in effect on the anniversary anniversary month of their license and Commission v. NewEngland Power date of the license. The anniversary date payment would be due on the date of Company,415 U.S. 345 (1974). In these the invoice. decisions, the Court held that the IOAA of the materials license for annual fee  ;

purposes is the first day of the month in During the past seven years many authorizes an agency to charge fees for j which the original license was issued. licensees have indicated that, although special benefits rendered to identifiable i they held a valid NRC license persons measured by the "value to the Section 171.29 Payment authorizing the possession and use of recipient" of the agency service. The Paragraph (a) would be revised to special nuclear, source, or byproduct meaning of the IOAA was further provide additional methods of payment material, they were either not using the clarified on December 16,1976, by four end to clarify that payments must be material to conduct operations or had decisions of the U.S. Court of Appeals made in U.S. funds. disposed of the material and no longer for the District of Columbia: National Paragraph (b) would be revised to give needed the licensa in response, the Cable Television Association v. Federal credit for partial payments made by NRC has consistently stated that annual Communications Commission,554 F.2d certain licensees in FY 1998 toward 'ees are assessed based on whether a 1094 (D.C. Cir.1976): National their FY 1998 annual fees. The NRC licensee holds a valid NRC license that Association of Broadcasters v. Federal anticipates that the first, second, and authorizes possession and use of Communications Commission,554 F.2d l

l t tird quarterly payments for FY 1998 radioactive material. Whether or not a 1118 (D.C. Cir.1976); Electmnic

, 'll have been made by operating power licensee is actually conducting Industries Association v. Federal r actor licensees and some large operations using the material is a matter Communications Commission,554 F.2d I n.aterials licensees before the final rule of licensee discretion. The NRC cannot 1109 (D.C. Cir.1976) and Capital Cities J becomes effective. Therefore, the NRC control whether a licensee elects to Communication, Inc. v. Federal would credit payments received for possess and use radioactive material Communications Commission,554 F.2d those quarterly annual fee assessments once it receives a license from the NRC. 1135 (D.C. Cir.1976). These decisions ok toward the total annual fee to be Therefore, the NRC reemphasizes that the Courts enabled the Commission to (

assessed. The NP.C would adjust the the annual fee will be assessed based on develop fee guidelines that are still use(

___ , - - - - - ' - ' " - - " - ' - - ~ ~ ' _ _ _ _ _ _ _ . - - _ . - - - - - - - - - - - - - ~'-' ' ~ ~ _ _ _ . - _ - - --

i I

l

( Federal Register /Vol. 63. No. 62 / Wednesday, April 1,1998/ Proposed Rules

\

l 16053 for cost recovery and fee development I l purposes. regulatory services provided by the List of Subjects '

Commission: and The Commission's fee guidelines were 20 CFR Part 2 (3) The annua fees be assessed to upheld on August 24.1979, by the U.S. those licensees the Commission, in its Administrative practice and Court of Appeals for the Fifth Circuit in discretion, determines can fairly, Afississippi Power and Light Co. v. U.S. procedure, Antitrust, Byproduct I equitably, and practicably contribute to f

' Nuclear Regulatory Commission,601 their payment. material Classified information.

F.2d 223 (5th Cir.1979), cert. denied. Environmental protection, Nuclear {

10 CFR Part 171, which v.ablished 444 U.S.1102 (1980). The Court held annual fees for operating pv vor reactors materials, Nu' clear power plants and l that- effective October 20,1986 (51 FR 33224; reactors, Penalties Sex discrimination, (1) The NRC had the authority to Source material, Special nuclear September 18,1986), was challenged recover the full cost of providing and upheld in its entirety in Florida material, Waste treatment and disposal. i l

services to identifiable beneficiaries: Powerand Light Company v. United 10 CFR PM M {

(2) The NRC could pro erly assess a States,846 F.2d 765 (D.C. Cir.1988),

fee for the costs of provi ng routine cert demed,490 U.S.1045 (1989). Criminal penalties, Extraordinary nuclear occurrence, insurance, The NRC s FY 1991 annual fee rule Intergovernmental relations, Nuclear j

cen s m la ce i t Atomic was largely upheld by the D.C. Circuit materials Nuclear power plants and Energy Act an with applicable Comt of Appeals in Allied Signal v.

regulations; l@C,988 F.2d 146 (D.C. Cir.1993). reactors, Reporting and record keeping l requirements.

(3) The NRC could charge for costa j l incurred in conducting environmental VII, Regulatory Flexibility Analysis 10 CFR Part J70 I reviews required by NEPA: The NRC is required by the Omnibus (4) The NRC properly m, cluded the Budget Reconciliation Act of1990 to Byproduct material, import and export licenses, Intergovernmental l costs of uncontested hearings and of recoverauthority approximately 100assessment percent ofits relations, Non payInent penalties, administrative and techmcal support budget through the r of user fees. OBRA-90 further requires Nuclear materials Nuclear power plants services in the fee schedule: and reactors Source material, Special (5) The NRC could assess a fee for that the NRC establish a schedule of nuclear material.

renewing a license to operate a low- charges that fairly and equitably level radioactive waste burial site: and allocates the aggregate amount of these 20 CFR Part 271 charges among licensees.

(6) The NRC's fees were not arbitrary Annual charges, Byproduct material.

or capricious. This proposed rule establishes the Holders of certificates, registrations, With respect to 10 CFR Part 171, on schedules of fees that are necessary to implement the Congressional mandate approvals Intergovernmental relations.

November 5,1990, the Congress passed Non payment penalties, Nuclear Public Law 101-508, the Omnibus for FY 1998. The proposed rule would result a slight increase in the annual materials, Nuclear power Budget Reconciliation Act of1990 reactors, Source material. plants and Special s (OBRA-90) which required that for FYs fees charged to some licensees, and nuclear material.

1991 throu 1995, approximately 100 holders of certificates, registrations, and approvals. The Regulatory Flexibility For the reasons set out in the percent of t e NRC budget authority be recovered through the assessment of Analysis, prepared in accordance with 5 preamble and under the authority of the L U.S.C. 604, is included as Appendix ^ Atomic Energy Act of1954,as arr. ended, fees. OBRA-90 was amended in 1993 to to this proposed rule. The Small and 5 U.S.C. 553, the NRC is proposing extend the 100 percent fee recovery to adopt the following amendments to requirement for NRC through FY 1998- Business Regulatory Enforcement 10 CFR Parts 2,140,170 and 171, To accomplish this statutory Faimess Act of 1996 (SBREFA) was requirement, the NRC, in accordance signed into law on March 29,1996. The PART 2-RULES OF PRACTICE FOR with 5171,13,is publishing the SBREFA requires all Federal agencies to . DOMESTIC LICENSING PROCEEDINGS roposed amount of the FY 1998 annual prepare a written compliance guide for AND ISEUANCE OF ORDERG fees for operating reactor licensees, fuel each rule for which the agency is cycle licensees, materials licensees, and required by 5 U.S.C. 604 to prepare a 1.The authority citation for Part 2 holders of Certificates of Compliance. regulatory flexibility analysis, c ntinues to read as follows:

registrations of sealed source and Therefore, in compliance with the law. Authority: Secs. 161,181.,68 Stat. 948, devices and QA program approvals, and Attachment 1 to the Regulatory 953, as amended (42 U.S.C 2201,2231); sec.

Government agencies. OBRA-90 and the Flexibility Analysis (Appendix A to this 191. as amended. Pub. L 87-615,76 Stat. 409 Co e i e Comm ttee Report document)is the small entity (42 U.S.C. 2241); sec. 201,88 Stat.1242, as P

compliance guide for FY 1998.

, Y * *c ' , "c on 2.101 a'l o i su deru ecs ~ 53, I

(1) The annual fees be based on the VIIL Backfit Analysis 62,63,81,103,104,105,68 Stat. 930,932, i Commission's FY 1998 budget of 5472.6 933,935,936,937,938, as amended (42 I The NRC has determined that the million less the amounts collected from backfit rule,10 CFR 50.109, does not U.S.c 2073, 2002, 2093, 2111, 2133, 2134, Part 170 fees and the funds directly apply to this proposed rule and that a 2135); sec.114(f), Pub. L 97-425,96 Stat.

appropriated from the NWF to cover the 2213, as amended (42 U.S.C.10134(f)); sec.

NRC's high level waste program and the backfit analysis is not required for 102, this Pub. L 91-190,83 Stat. 853, as amended general fund related to commercial proposed rule. The backfit analysis is (42 U.S.C. 4332); sec. 301,88 Stat.1248 (42 not required because these proposed U.S.C. 5871). Sections 2.102,2.103,2.104, vitrification of waste at the Department of Energy Hanford, Washingtor site, and amendments do not require the 2.105,2 721 also issued under secs. 102,103, the pilot program pertainm, g to external modification of or additions to systems, $j,.(,,y3y, t8 8Sa (,

930 9 213 21'33, structures, components, or the design of regulation of (2) The annual fees shall, to the the Department of Energy; a facility or the design approval or 2134.2135,2233,2239). Section 2.105 also manufacturing license for a facility or issued under Pub. L 97- 415,96 Stat. 2073 maximum extent practicable, have a (42 U.S.C. 2239). Sections 2.200-2.206 also reasonable relationship to the cost of the procedures or organir.ation required issued under secs.161 b,i.o 182,186,234,

!s to design, cmstruct or operate a facility. 68 Stat. 948-951,955, a3. Stat. 444 as I

16054 Federal Register / Vol. 63, No. 62 / Wednesday. April 1,1998 / Proposed Rules amended (42 U.S.C. 2201 (b). (i). (o). 2236. $ 140.7 Fees. Where specific payment instructions are 2282), sec. 206,88 Stat.1246 (42 U.S C (a)(1) eau reactor licensee shall pay a fee provided on the invoices payment .

5846). Section 2.205(j) also issued under Pub to the Commission based on the following should be made accordingly, e g.

L 101-410,104 Stat. 890, as amended bV schedule.

[

section 31001(s). Pub. L 104-134,110 Stat. invoices of $5.CJO or more should be \'

( ) For indemnification from $500 paid via ACl! through NRC's Lockbox million to $400 million inclusive, a fee 6 2 also issued under se . ub. Bank at the address indicated on the L 91-190. 83 Stat. 853, as amended (42 f $30 per year per thousand kilowatts invoice. Credit card payments should be U.S.C 4332). Sections 2.700a. 2.719 also of thermal capacity authonzed in the made up to the limit established by the issued under 5 U.S.C. 554. Sections 2.754. license; credit card bank, iri accordance with 2.760,2.770,2.780 also issued under 5 U.S C (ii) For .mdemm.fication from $399 specific ins'. ructions provided with the 557. Section 2.764 also issued under secs, million to $300 milhon mclusive, a fee invoices, to the Lockbox Bank 135,141 Pub. L 97-425,96 Stat. 2232,2241 of $24 per year per thousand kilowatts (42 U.S.C 10155,10161). Section 2.790 also designated for credit card payments.

of thermal capacity authonzed in the issued under sec.103,68 Stat. 936, as license. PART 170--FEES FOR FACILITIES tmended (42 U.S.C 2133) and 5 U.S.C 552. (iii) For indemnification from $299 MATERIALS, IMPORT AND EXPORT Sections 2.800 and 2.808 also issued under million to $200 million inclusive, a fee tlon UCENSES AND OTHER p y3jd, O9 p alsjs,ued

,g-under of $18 per year per thousand kilowatts REGULATORY SERVICES UNDER THE Stat. 579, as amended (42 U5C 2039). f thermal capacity authorized in the ATOMIC ENERGY ACT OF 1954, AS Subpart K also issued under sec.189,68 Stat. license; AMENDED 955 (42 U S'C 2239h sec.134 Pub. L 97- (iv) For indemnification from $199 425,96 Stat. 2230 (42 U.S.C 10154). Subpart million to $100 million inclusive, a fee 5. The authority citation for Part 170 L also issued under sec.189,68 Stat. 955 (42 of $12 per year per thousand kilowatts continues to read as follows:

U.S.C 2239). Appendix A alsoissued under of thermal capacity authorized in the Authority: 31 U.S.C 9701,96 Stat.1051; sec. 6, Pub. L 91-560,84 Stat.1473 (42 license; sec. 301, Pub. L 92-314,86 Stat. 222 (42 U.S.C 2135). Appendix B also issued under (2) No fee will be less than $100 per U.S.C 2201wh sec. 201, Pub. L 93-4381,88 sec.10. Pub. L 99-240,99 Stat.1842 (42 annum for any nuclear reactor. This fee Stat.1242, as amended (42 U.S.C 584 th sec.

U.S.C 2021b et seq.). is due for the period beginning with the 205. Pub. L 101-576,104 Stat. 2842 (31

2. In S 2.205, paragraph (i) is revised date on which the applicable indemnity U.S.C 901).

to read as follows: agreement is effective. The various 6. Section 170.12 paragraphs (g) and levels ofindemnity fees are set forth in (h) are revised to read as follows:

$ 2.205 civil pensities. the schedule in this paragraph. The

• * * * * $ 170.12 Fayment of fees.

amount ofindemnification for (i) Except when payment is made after determining indemnity fees will be * * * *

• compromise or mitigation by the computed by subtracting from the (g) Inspection fees. (1) Inspection fees Department of Justice or as ord .wd by statutory limit of liability the amount of will be assessed to recover full cost for a court of the United States, following financial protection required of the each resident inspector assigned to a reference of the matter to the Attorney licensee. In the case of licensees sub}ect specific plant or facility. The fees General for collection, payment of civil to the provision of S 140.11(a), this total assessed will be based on the number of

• penalties imposed under Section 234 of amount will be the amount as hours that each inspector assigned to ,

the Act are to be made payable to the determined by the Commission, of the the plant or facility is in an offical duty U.S. Nuclear Regulatory Commission, in financial protection available to status (i.e., all time in a non-leave status U.S. funds, by check, draft, money licensees at the close of the calendar will be billed), and the hours will be order, credit card, or electronic funds year preceding the one in which the fee billed at the appropriate hourly rate transfer such as Automated Clearing becomes due. For those instances in established in 10 CFR 170.20.

House (ACH) using Electronic Data which a certified financial statement is (2) Fees for all inspections subject to Interchange (EDI). Federal agencies may provided as a guarantee of payment of full cost recovery will be assessed on a tiso make payment by the On Line deferred premiums in accordance with per inspection basis for costs incurred Payment and Collections System $ 140.21(e), a fee of $1,000 or the up to 30 days after issuance of the (OPAC's). All payments are to be made indemnity fee, whichever is greater, is inspection report. Inspection costs in accordance with the specific payment required. include preparation time, time on site, instructions provided with Notices of * * * *

• documentation time, and follow-up Violation that propose civil penalties (c) Each person licensed to possess activities and any associated and Orders Imposing Civil Monetary and use plutonium in a plutonium contractual service costs, but exclude Pinalties. processing and fuel fabrication plant the time involved in the processing and e * * *

• shall pay to the Commission a fee of issuance of a notice of violation or civil

$5,000 per year for indemnification, penalty. Resident inspector time related PART 140--FINANCIAL PROTECTION This fee is due for the period beginning to a specific inspection will be assessed REQUIREMENTS ANO INDEMNITY with the date on which the applicable in accordance with paragraph (g)(1) of AGREEMENTS indemnity agroement is effective. this section, and will not be reflected in (d) Indemnity fee payments, made the costs billed for the specific

3. The authority citation for Part 140 payable to the U.S. Nuclear Regulatory inspection.

continues to read as follows: Commission, are to be made in U.S. (3) Fees for resident inspectors' time Authority: Secs. 161,170,68 Stat. 948,71 funds by check, draft, money order, and for specific inspections subject to Stat. 576, as amended (42 U.S.C 2201. 2210h credit card, or electronic funds transfer full cost recovery will be billed on a secs. 201, as amended,202,88 Stat.1242, as such as ACH (Automated Clearing quarte'rly hasis and are payable upon cmended, 1244 (42 U.S.C 5841,5842).

j Ilouse) using EDI(Electronic Data notification by the Commission. i 1

4. In S 140.7, paragraphs (a) and (c) Interchange). Federal agencies may also (h) Method of payment. License fee r l are revised and paragraph (d) is added make payments by the On-Line Payment payments, made payable to the U.S. [ ,

l to read as follows: and Collections System (OPAC's). Nuclear Regulatory Commission, are toi i I

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1 Federal Register /Vol. 63, No. 62 / Wednesday, April 1,1998 / Proposed Rules\

16055 l be made in U.S. funds by check. draft, money order, credit card, or elecironic 301-415-7554 to obtain .pecific written Nuclear Materials and Nu-funds transfer such as ACH (Automated instructions for making electronic St21 per hour clear Waste Program Clearing House) usin EDI(Electronic payments and credit card payments. M 17031 &tintid Data Interchange). Wgere specific . . .

payment instructions are provided on 8. In S 170.21, the introductory text.

the invoices to applicants and licensees follows: 7. Section 170.20 is revised to read as Category K, and footnotes 1 and 2 to the for services rendered, payment should table are revised to read as follows:

be made accordingly, e.g. invoice of 5170.20 Average cost per professional staff hour. $ 170.21 Schedule of fees for production

$5,000 or more should be paid via ACH through NRC's Lockbox Bank at the and utilltation facilities, review of standard Fees for permits, licenses, referenced design approvals, special address indicated on the invoice. Credit amendments, renewals, special projects, projects, inspections and card payments should be made up to the Part 55 :* qualification and replacement acenses.

limit established by the credit card aaminations and tests, other required bank, in accordance with spec'.fic Apph, cants for construction permits, instructions provided with the invoices, reviews, approvals, and inspections manufacturing licenses, operating to the Lockbox Bank des!gnated for under SS 170.21 and 170.31 that are licenses, import and export licenses, based upon the full costs for the review credit card payments. Unbilled approvals of facility standard reference or inspection will be calculated using application and amendment fees are to the following applicable professional designs, requalification and replacement be paid in a similar manner using the staff-hour rates: examinations for reactor operators, and above methods. Applicants and special projects and holders of licensees should contact the License FeeActivities). Reactor Program (6170.21 5124 per hour.

construction permits, licenses, and and Accounts Receivable Branch at other approvals shall pay fees for the following categories of services.

SCHEDULE OF FACluTY FEES ISee footnotes at end of tablel Facshty categones and type of fees Fees 84 K. Import and export hcenses: .

Licenses and utahzatsonforfacilities the import and export issued pursuant to 10 CFR only Part 110:of product on and utihtaten facshties or production or the export on

1. Appicat on for import or export of reactors and other facihties and exports of components which the Commissioners Appication-new hcense and the Executive Branch, for example, actsons .

mustunder be reviewed 10 by CFR 110 40(b):

Amendment .

7,900 2.tions Apphcaton under 10 CFRfor export of reactor and other components requinng Erecutive Branch re S7,900 Application-new license -

110.41(a)(1)-(8). ,

e, those ac-Amendment -

4,800

3. Apphcation Apphcaton--new for export of components requinng foreign govemment assurances only.4.800 icense Amendment .

2.800 4.view, Apphcation for export or foreign govemment of facehty components and equipment not requiring assurances. Commissioner2,800 w, Executive Branch re-revie Apphcation-new license Amendment . . ._

1,200 5.other Minor amendment of any export or import hcense to extend the expiraton revisions which do not require in-depth analysis or review.

2 n, or make date, change 1,200 dom Amendment .

' Fees will not be charged for orders issued by the Commisson pursuant to 180 the Commission's regulations under Title 10 of the Code of Federal Regulatons effect regardless of whether the approval is in the torm et a hcense amendment d for approvals issu for hcenses in this schedule that are initially issued for less than fuu power are, letter of approval, sa (generally fun oower is considered 100 percent of the facshty's full rated power) Thus it a hcensebased on revie i

hcense will be determined through that period when ment authority or otherwise), the total is costsgranted for the for f termines that full operating power for a partcular facility should be less than .

uation100 arrsespercent in wh ch the ofCommesson full rat d de-at that determined lower operating power level and not at the 100 percentecapacity. power, the total costs for the bcense wdl be l

rFun cost fees will be determined based on the professional staff time and appropriate contractual l r services expended. For appleat ons t

review of the apphcation up to the effective date of the final urs expended ruleforwillthe be de provided. For those apphcatons currently on fde for which review costs have reached e time the service was e y e June 20,1984, an applica and July 2,1990, rules but are stdl pending completion of the review, the cost incurred reached through January after any a 89,1989. will not be baned to the applicant. Any professional uary 30,1989, wdt be as- staff-ho ceed $50,000 for any topcal through rate apphcable August 8,1991, estabhshed wdl in 9170.20. not bereport, bdied toamendment, the applicant. Any revison or supplement professional hours expended to aanuary topicW aft report com osts whch ex-on o30,1989, r

In no event wdl the total review costs be less than twice the hourly rate shown iner August 9.1991, w 170.20.

l l

16056 Federal Register / Vol. 63, No. 02 / Wednesday, April .1,1998 / Proposed Rules l

$ 170.31 Schedule of fees for materials materials licenses, or import and export I

9. Section 170.31 is revised to read as hcenses and other regulatof y services, licenses shall pay fees for the following including inspec' ions, and import and follows: export licenses. categories of services. This schedule Applicants for materials h. censes, includes fees for health and safety and safeguards inspections where U import and export licenses, and other regulatory services and holders of applicable.

SCHEDULE OF MATERIALS FEES .

[See footnotes at end of table]

Category of materials licenses and type of fees' Fee **

1. Special nuclear material:

A. Licenses 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 authortrang possession only:

License, Renewal, Amendment Fuf! C M.

Inspections Full Cost.

B. Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI): 4 License, Renewal, Amendment Full Cr.'st.

l Inspections . - . Full Cost.

C. Ucenses for possession and use of special ruclear matenal in sealed sources contained in devees used in industnal measuring systems, including x-ray fluorescence analyzers:*

Application-New license A .. $560.

Amendment $380.

0. All other special nuclear matenal heenses, except Econses authorizing special nuclear material in unsealed form in com-benation that would constitute a cnical quantity, as defined in $ 150.11 of this chapter, for whch the hcensee shall pay the s sme fees as those for Category 1 A: 8 Appication-New heense . .e $750.

An.endment . . $290.

E. Licenses or certificates for constructed and operaton of a uranium ennchment facility.

License, Renewal, Amendment Full Cost.

Inspections Full Cost.

2. Source material:

A.(1) Licenses for possession and use of source matenal in recovery operations such as milhng, in-situ leaching, heap-leach- -

ing, refinirig uranium mill mncentrates to uranium hexafluonde, ore buying stations, ion exchange facihties and in process-ing of ores containing source matenal for extracton of metals other than uranium or thorium, including Icenses authorizing the possession of byproduct waste matenal (taihngs) from source matenal recovery operations, as well as hcenses author-izing the possession and maintenance of a facility in a standby mode:

License, Renewal, Amendment - Full Cost.

Inspections - .

Full Cost.

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

License, renewal, amendment . Full Cost.

Inspections . Full Cost.

(3) Licenses that authorize the receipt of byproduct matenal, as defined in Section 11e(2) of the Atomic Energy Act, from other persons for possesson and disposal incidental to the disposal of the uranium waste tailings generated by the licens-ee's milling operatons, except those hcenses subject to the fees in Category 2.A.(1):

License, renewal, amendment ., Full Cost.

Inspectons . - Full Cost.

B. Licenses which authonze the possesson, use and/cr installation of source matenal for shielding:

Application-New icense ... . , .

$120.

Amendment . .... $280.

C. All other source material Icenses:

Appkcation-New license $3,600.  ;

Amendment $560.

l 3. Byproduct material:

A. Licenses of broad scope for possession and use of byproduct material issued pursuant to Parts 30 and 33 of this chapter for processing or manuta conng of items containing byproduct matenal for commercial distribution:

Appication-New hcc ise . $3.800.

Amendment - _

$530.

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

Appication-New heense --

$1,500.

Amendment $560.

C. Licenses issued pursuant to $$32.72,32.73, and/or 32.74 of this chapter authonzing the processing or manufactunng and distnbution or redistnbution of radopharmaceuticals, generators, reagent kits and/or sources and devces containing by-product matenal. This category does not apply to Icenses issued to nonprofit educational institutions whose processing or manufactunng is exempt under 10 CFR 170.11(a)(4). These hcenses are covered by fee Category 3D:

Appication-New bcense $6,800.

j Amendment : $630.

i l

i

_ Federal Rcgister/Vol. 63. No. 62 / Wednesday April 1.1998 / Proposed Rules 16057

=

SCHEDULE OF MATERIALS FEES-Continued (See footnotes at end of table]

Category of matenats hcenses and type of fees $ '

Feen D. Licenses and approvats issued pursuant to $$ 32.72, 32.73, and/or 32.74 of this chapter authon inbution of radiopharmaceutecals, generators, reagent kits and/or sources or devces yproduct not involving pro matenal. This category includes hcenses sssued pursuant to $$ 32.72. 32.73, and/or 32.74 of this chapt cationalinstitutions Appication-New heense whose processing or manufactunng is exempt under 10 CFR 170.1 t(a)(4): .

i Amendment . $1,900.

5420.

E.notLicenses for possession and use of Dyproduct matenalin sealed sources for inadiation of materia removed from its shield (self-chselded units):

ApphcatiorwNew icense '

Amendment : $1.100.

F. Licenses for possessen and use of less than 10,000 cunes of byproduct matenal inS380. sealed sources tson of rnaterials where the source is not exposed for irradiaton purposes:nals in which the Appicatior>New hcense 1 Arnendment - $1,900.

$440.

G. Licenses for possession and use of 10.000 cunes or more of byproduct materialin sealed sources tion of matenals where the source is not exposed for irradiaton purposes:nals in which t Appicahon--New heense Amendment . +. 54,500.

$740.

H. Licenses issued pursuant to Subpart A of Part 32 of this chapter to distribute items containing byp -

authorizing ments sedistnbution of items that have been authon2ed for distnbut of Part 30 of this chapter:

Appicatior>New license Amendment . ... $2,700.

$1,000.

1. Lscenses issued pursuant to Subpart A of Part 32 of this chapter to distnbute items an- containing bypro 30 of this chapter, except for specific licenses authonzing redistnbution c to persons exempt from the iconsing requirements of Part 30 of this chapter:

AppleatiorwNew hcense j Amendment - $4,400.

$1,000.

. J. Licenses issued pursuant to 4haert B of Part 32 of this chapter to distribute items containing byprodu censes Part 31 of this chapter: authonzing redistribution of items that have been authorized for d Appicator>--New heense Amendment - ..: $1,700.

5300.

K. Licenses issued pursuant to Subpart 8 of Part 32 of this chapter to distnbute items containing bypr 31 of this chapter, except specific icenses authonting redistribution of item persons generally hcensed under Part 31 of this chapter:

r j

AppicatiorWNew heense -

Amendment - $1,000.

$340.

L.forLicenses of broad scope for possession and use of byproduct matenal issued pursuant to Parts 3 research and development that do not authorize commercial distnbution:

Apphcaton-New heense Amendment : .e _ - - $5,400.

$760.

M. development Other heenses for possession that do not authorize and use of byproduct material issued pursuant to Past 30 of this chapte commercial distnbuton:

ApphcatsorWNew heent Amendment . $1.800.

N. Licenses that authorire services for other hcensees, except: $620.

(1) andLicenses that authorize only cahbration and/or leak testing services are subject to the fees spec (2) Apphcaton-New Licenses that authonte waste disposal servces are subject to the fees specified in fee Categones 4A 48 ja heense , ,

Amendment $2.000.

$500.

O.phyLicenses operations: for possession and use of byproduct materialissued pursuant to Part 34 of this chapt Apphcaton-New heense Amendment - $4,300.

P. All other specific byproduct matenal beenses, except those in Categories 4 A through 90: $680.

ApphcatorHNew heense

/, Amendment . , , $730.

{ 4. Waste disposal and processing:

\ $340.

10058 "ederal Register / Vol 63. No. 62 / Wednesday, April 1.1998 / Proposed bles SCHEDULE OF MATERIALS FEES-Continued

[See footnotes at end o, table)

Category of matenals hcenses and type of fees $ 6 Fee 7i A. Licenses specifically authonzing the receipt of waste byproduct matenal. Socree matenal, of special nuclear matenal from

• other persons for the purpose of contingency storage or commercial land disposal by the hcensee; or heenses authonzing contingency storage of low. level radioactive waste at the site of nuclear power reactors; or heenses 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 authorized to receive or dispose of waste matenal: -

License, renewal, amendment . Full Cost.

Inspections - . . .

Full Cost.

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

Apphcation--New heense S2.500.

Amendment .. - $520.

C. Licenses specifically authonzing the receipt of prepackaged waste byproduct material, source matenal, or special nuclear matenal from other persons. The hcensee will dispose of the material by transfer to another person authonzed to receive or dispose of the material:

Apphcation-New hcense $2,200.

Amendment _., $220.

5. Well logging:

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

Applcatior>New heense $3,400.

Amendment - . . _ . .l.. $820.

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

License, renewal, amendment - Full Cost.

6. Nuclear laundries:

A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source matenal, or special nuclear matenal:

Apphcation-New heense $6.400.

Amendment - $1,000.

7. Medcal hcenses:

A. Licenses issued pursuant to Parts 30,35. 40, and 70 of this chapter for human use of byproduct matenal, source mate-I nal, or special nuclear matenal in sealed sources contained in teletherapy devices:

l AppicatiorHNew heense $3.500. f Amendment -

B. Licenses of broad scope issued to medical institutions or two or more physcians pursuant to Parts 30,33,35,40, and 70

$390. (

t of this chapter authorizing research and development, including human use of byproduct materlat, except hcenses for by- b product material, source materlat, or special nuclear material in sealed sources contained in teletherapy devices:

Appication-New heense $3,800.

Amendment . . . _ _ _ __

$710 C. Other Icenses issued pursuant to Parts 30,35,40, and 70 of this chapter for human use of byproduct material, source j matenal, and/or special nuclear matenal, except hcenses for byproduct matenal, source matenal, or special nuclear mate-nel in sealed sources contained in teletherapy devices:

i Apphcation-New heense $1,800 l Amendment - $450

8. Civil defense: ]

A. Licenses for possession and use of byproduct matenal, source matenal, or special nuclear material for civil defense activi-ties:

Application-New heense $570.

Arnendment , $400.

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

A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear mate 41, ex-capt reactor fuel devices, for commercial distnbution: ,

ApplicatiorHeach device . ., $3,600.

l Amendment-each device - $590.

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

Apphcattor>- each device . $2,100. ,

l Amendment-each device _ . _ . . .

$1,100. )

C. Safety evaluation of sealed sources containing byproduct matenat, source matenal, or special nuclear material, except re- l actor fuel, for commercial distnbution:

Application-each source $910.

Amendment-each source . $610.

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

Appication-each source $460.

Amendment-each source ..., $160.

10. Transportation of radioactive matenal:

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

Approvat, Renewal, Amendrnent Full Cost.

inspections . Full Co:,t.

I I

l

Federal Register /Vol 63, No. 62/ Wednesday April 1,1998/ Proposed Rules 16059 SCHFDULE OF MATERIALS FEES-Continued

[See footnotes at end of table l s

Category of matenals kcenses and type of fees' l Fee:'

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

• Appication-Approval Amendment : S340.

Inspections - S620.

11. Review of standardized spent fuel factisties: Full Cost.

Approval, Renewal, Amendment .

Inspections Full Cost.

12. Special projects:

• Full Cost.

Approvals and preapphcation/Lscensing activities .

Inspections -

Full Cost.

13. A. Spent fuel storage cask Certifcate of Comphance: Full Cost.

Approvals .

Amendments, revisions, and supplements -- Full Cost.

Reapproval . .

Full Cost.

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

C. Inspectons related to storage of spent fuel under $72.210 of this chapter - Full Cost.

Full Cost.

14. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontam reclamation, or site restoraton activities pursuant to 10 CFR Parts 30,40, 70, and 72 of this chapter:

Approval, Renewal, Amendment -

Inspections _e Full Cost.

15. Import and Export Icenses:

• Full Cost.

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

A. Apphcaton for export or import of high enrched uranium and other matenals, including radioactive waste, which must be reviewed by the Commissioners and the Executive Branch, for example, those actons under 10 CFR 110.40(b).

This category includes appication for export or import of radioactive wastes m multiple forms from multiple genera or brokers ceiving m the exporting country and/or going to multiple treatment, storage of disposal facihties in one or more re-countries:

Apphcation-new license Amendment $7,900.

$7,900.

B. Applcation for export or import of special nuclear material, source matenal, tntium and other byproduct mate water, or nuclear grade graphite, including radioactive waste, requiring Executive Branch review but not Commissioner re-view. This category includes apphcation for the export or import of radcactive waste involving a single form of waste from k _. A smgle class of generator in the exporting country to a single treatment, storage and/or disposal facihty in the receivin country:

Appkaton-new hcense Amendment $4,800.

$4,800.

C. Apphcaton for export of routine reloads of low enriched uranium reactor fuel and exports of source material only foreign government assurances under the Atomic Energy Act:

Appicaton-new license Amendment $2.800.

$2,800.

D. Apphcaton 1or export or import of other matenais, including radioactive waste, not requiring Commissioner revie Executrve Branch review, or foreign govemment assurances under the Atomic Energy Act. This category includes ap plcation for export or import of radcactive waste where the NRC has previously authon2ed the export or import of the same form of waste to or from the same or similar parties, requiring only confirmation from the receiving facihty and h-censing authonties Apphcation-new that the shipments may proceed according to previously agreed understandings and procedures:

license Amendment $1,200.

$1,200.

i E. Minor amendment of any export or import hcense to extend the expiration data, change domestic information, or I make other revisions which do not require in-depth analysis, review, or consultations with other agencies or foreign governments.

l Amendment

• I 16. Reciprocity: $180.

Agreement State heensees who conduct activities under the reciprocity provisions of 10 CFR 150.20; Appicaton (initial fihng of Form 241)

Revisions - S1,100.

$200.

for new hcenses and approvals, issuance of new icenses and approvals, amendm ,

safety evaluations of sealed sources and devices, and certain inspectons. The followi and approvals except those subject to fees assessed at full costs, and applications filed by Agreement State hcensees t eral bcense provisions of 10 CFR 150.20, must be accompanied by the prescribed apphcation Iee for each category, except that prescriDed apphcation fee for the highest fee category.(1) Apphcations for hcenses covering more than on (b) Lcensa'approvaFreview fees. Fees for appicatons for new heenses and approvals and for preappleation consultations i and y6 to full with cost fees 5170.12( (fee b), (e), andCategones (f). 1 A,18,1E,2A,4A,5B,10A,11,12,13A, and 14) are due upon notitcaton by the Commission in acc notification by the Commission in accordance with 9170.12(d).(c) RenewaPreapprovalfees. Applications s (d) Amendment /Revssion Fees.

_ - _ _ _ _ _ _ - _ - _ - _ - - - - 1

16060 Federal Register /Vol. 63. No. 62 / Wednesday, April 1,1998 / Proposed Rules (1) Apphcatons for amendments to hcenses and approvals and revisens to reciprocity initial apphcations, except those subect i to fees as-sesteed at full costs, must be accompanied ty the presCnbec amendment /rJvison tee for each hcense/ revision affected. An apphcation for an amendment to a kcense or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment unless the amendment rs aDplcable to two or more fee categones in which case the amendment fee for the highest fee category would apply. For those licenses and approvals subject to full costs (fee Categones 1 A,18,1E,2A,4A. 58,10A,11,12, V 13A and 14), amendment fees are due upon notification by the Commisson in accordance with 6 If0.12(ch (2) An apphcation for annendment to a materials hcense or approval that would place the bcense or approval in a higher fee category or add a nzw fee category must be accompanied by the presenbed application fee for the new category, (3) An application for amendment to a license or approval that would reduce the scope of a heensee's program to a lower 'ee category must be accompanied by the presenbed amendment fee for the lower fee category.

not(4) Applications subject to fees.to terminate licenses authonzing s nall rnateals programs, when no dismantling or decontamination procedure is required, are (s) Inspecton fees. Inspections resulting from investigations conducted by the Offce of Investigations and nonroutine inspections that result from third party allegations are not subject to fees. The fees assessed at full cost will be determined based on the professional staff time re-quired to conduct the inspection multiplied by the rate estabhshed under 917020 plus any apphcabJe contractual support servces costs incurred.

Inspecten fees are due upon notification by the Commission in accordance with 6170.12(g).

8 Fees will not be charged for orders issued by the Commission pursuant to 10 CFR 2.202 or for amendments resulting specifically from the re-quirements of these types of Commission orders. However, fees will be charged for approvals issued under a specific 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 any other sections now or hereafter an enect) regardless of whether the approval is en the form of a Jicense amendment, letter of approval, safety evaluation report, or other form. 9A Crtegones In additon throuchto90.

the fee shown, an apphcant may be assessed an additional fee for sealed source and device evaluatons as shown in l

• Full cost fees wilf be determined based on the professional staff time and appropriate contractual support servces expended. For those appli-cations currently on file and for whch fees are determined based on the full cost expended for the review, the professional staff hours 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 serv-ica was provided. For applications currently on file for whch review costs have reached an applicable fee ceiling established by the June 20, 1984, and January 29,July 2,1990, rules, but are still pending completion of the review, the cost incurred after any apphcable ceiling was reached through 1989, wift be assessed at the apphcable rates established by $ 17020. as apropnate, exceptanuary for topical , .

30, 1989, reports who which exceed $50,000 fcr each topical report, amendment, revison, tu supplement to a topcal report completed or under review from January 30,1989, through August 8.1991, wdl not be billed to the apphcas. Any professional hours expended on or after August 9,1991, will be as-sissed at the apphcable rate estabhshed in 917020. The minimir.n total review cost is twee the hourfy rate shown in $ 17020.

8 Licensees paying fees under Categones tA,18, and 1E p e not subject to fees under Categones 1C and ID for sealed sources authonzed in the same hcense except in those instances in whch an arptscation deals only with the sealed sources authorized by the heense. Applicants for new heenses that cover both byproduct matenal and spec,sai nuclear matenal in sealed sources for use in gauging devices will pay the appro-prete apphcaten fee for Category IC only, 8 Fees will not be assessed for requests / reports submtted to the NRC:

(1) in response to a Genenc Letter or NRC Bulle'.n that does not result in an amendment to the hcense, does not result in the review of an al-ternite method or reanalysis to meet the requirer".ents of the Generic Letter, or does not snvolve an unreviewed safety issue; (b) In response to an NRC request (at the Associate Othce Director level or above) to resolve an identified safety, safeguards, or environ-mental issue. or to assist NRC se developing a rule. regulatory guide, policy statement, generic letter, or bulletin; or (c) As a means provements of exchanging information between industry organizations and the NRC for the purpose of supporting genenc regulatory im-or efforts.

%,+

PART 171-ANNUAL FEES FOR Register as soon as is practicable but no the NRC stated it would stabilize annual REACTOR OPERATING LICENSES later than the third quarter of the fiscal fees by a@ sting the annual fees only b AND FUEL CYCLE LICENSES AND year. The annual fees will become due the percentage change (plus or minus) y MATERIALS LICENSES, INCLUDING and payable to the NRC in accordance in hRC's total budget authority and i HOLDERS OF CERTIFICATES OF with S 171.19 except as provided in adjustments based on changes in 10 CFR COMPLIANCE, REGISTRATIONS, AND S 171.17 Quarterly payments of the Part 170 fees as well as on the number QUALITY ASSURANCE PROGRAM annual fees of $100,000 or more will oflicensees paying the fees. The first APPROVALS AND GOVERNMENT continue duri.ng the fiscal year and be adjustment to the annual fees using this ACENCIES LICENSED BY THE NRC based on the applicable annual fees as method occurred in FY 1996 when all 10 The authority citation for Part 171 shown in $$ 171.15 and 171.16 of the annual fees were decreased 6.5 percent continues to read as follows: regulations until a notice concerning the below the FY 1995 annual fees. The FY revised amount of the fees for the fiscal 1997 annual fees were also determined Authority: Sec. 7601. Pub. L 99-272, It,J year is published by the NRC. If the by using thistnethod.The FY 1997 Strt.146, as amended by sec. 5601, Pub. L 100-203,101 Stat.1330, as amended by Sec.

NRC is unable to publish a final fee rule annual fees increased 8.4 percent above 3201, Pub. L 101-239,103 Stat. 2106 as that becomes effective during the the FY 1996 annual fees. The FY 1995 current fiscal year, then fees would be rised of a base

.1388 42 N. 2213)'; e 301, L assessed based on the rates in effect for annual annual feefee was and an a comkditional charge 92-314,86 Stat. 222 (42 U.S.C. 2201(w)); sec. the previous fiscal year. (surcharge). The activities comprising 201,88 Stat.1242, as amended (42 U.S.C. 12. In S 171.15, paragraphs (b), (c) the base FY 1995 annual fee are as l 5841); sec. 2903, Pub. L 102-486.106 Stat. Introductory text. (c)(1), (c)(2), (e), and follows:

! 3125. (42 U.S.C. 2214 note). (f) are revised to read as follows: (1) Power reactor safety and

11. Section 171.13 is revised to read safeguards regulation except licensing as follows: $ 171.15 Annual Fees: Reactor operating and inspection activities recovered Hconesa.

• under 10 CFR Part 170 of this chapter.

$ 171.13 Notice. * * *

(2) Research activities directly related The annual fees applicable to an (b) The FY 1998 annual fee for each to the regulation of power reactors.

operating reactor and to a materials operating power reactor which must be (3) Generic activities required lar:gely lic nsee, including a Government collected by September 30,1998, is for NRC to regulate power reactors, e.g.,

tgincy licensed by the NRC, subject to $2,980,000. This fee has been updating Part 50 of this chapter, or this part and calculated in accordance determined by adjusting the FY 1997 operating the Incident Response Center. i g_

with SS 171.17 and 171.16, will be published as a notice in the Federal annual fee, (prior to rounding) upward (c) The activities comprising the FY by 0.1 percent. In the FY 1995 final rulo, 1995 surcharge are as follows:

(

Federal Register / Vol. 63. No. G2 / Wednesday. April 1.1998 / Proposed Rules 160G1 (1) Activities not attributable to an $ 171.16 Annual Fees: Materials existing NRC licensee or class of Licensees, Holders of Certificates of (1) A licensee qualifies as a small licensees; e.g., reviews submitted by Comphance, Holders of Sealed Source and entity if it meets the size standFds other government agencies (e g., DOE) Device Registrations, Ho .;ers of Qua!!!y estatihshed by the NRC (See 10 CFR Assurance Program Approvals and 2'810 '

that do not result in a license or are not Government Agencies Ucensed by the associated with a license; international NRC.

cooperative safety program and . . .

(4) For FY 1998, the maximum annual international safeguards activities: low. fee a small entity is required to pay is level waste disposal generic activities: (c) A licensee who is required to pay b category applicable to uranium enrichment genenc activities: an annual fee under this section may t

• 1'" ")

and 9u811 Y858Sm8 8"titY' 8 ' *n 8" (d) The FY '1998 annual fees for alifies as a,small entity and provides materials licensees and holders of (2) Activities not currently assessed certificates, registrations or approvals t e Commission with the proper under 10 CFR Part 170 licensing and subject to fees under this section are certification, the licensee may pay inspection fees based on existing shown below. The FY 1998 annual fees, Commission policy, e.g., reviews and reduced annual fees for FY 1998 as follows: which must be collected by September inspections conducted of nonprofit 30,1998, have been determined by educational institutions, and costs that adjusting upward the FY 1997 exact would not be collected from small Ma,n ($ annual fees (prior to rounding), by 0.1 entities based on Commission policy in fee per li. percent. As a result ofrounding, the FY accordance with the Re8ulatory censed 1998 annual fee for some fee categories Flexibility Act. category is the same as the FY 1997 annual fee.

, , , , , Small Businesses Not Engaged in In the FY 1995 final rule, the NRC stated Manufactunng and Small Not. it would stabilize annual fees by (e) The FY 1998 annual fees for For Profit Organizations (Gross adjusting the annurt fees only by the licensees authorized to operate a Annual Receipts). percentage change (plus or minus)in nonpower (test and research) reactor $350,000 to S5 nblhon .

Less than S350,000 - $1.800 NRC's total budget authority and licensed under Part 50 of this chapter- 400 adjustments based on changes in 10 CFR except for those reactors exempted from Manufactunng entities tnat have Part 170 fees as well as on the number fees under 9171.11(a), are as follows: an average of 500 employees or less: oflicensees paying the fees. The first Research reactor . 557.300 35 to 500 employees 1,800 adjustment to the annual fees using this Test reactor ..~..

557.300 js an 3 e oes 400 method occurred in FY 1996, when all annual fees were decreased 6.5 percent (f) For each fiscal year, annual fees for

, operating reactors will be calculated and {ngjn p"b1ic ns,,,

up g

below the FY 1995 annual fees, The FY 1997 annual fees were also determined nauon): by using this method. The FY 1997 assessed in accordance with 6171.13. 20.000 to 50,000 ,

13. In $ 171.16, the introductory text Less than 20,000 1,800 annual fees were increased 8.4 percent of paragraph (c) and paragra hs (c)(1), Educational Institutions that are 400 above the FY 1996 annual fees. The FY (c)(4), (d), and (e) are revise to read as n t State or Publicly Supported, 1995 annual fee was comprised of a base g,y;g,,, and have 500 Employees or annual fee and an additional charge Less: (surcharge) The activities comprising the FY 1995 surcharge are shown for ess: n 3Yemp$oyees . C 00 l

Qenience in paragraph (e) of this SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES

[See footnotes at end of tabiel Category of matenals hcenses Arinual

1. Special nuclear matenal:

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

(a) Strategic Special Nuclear Matenal:

Babcock & Wilcox SNM Nuclear Fuel Serv,ces SNM-124 . $2,607.000 2,607.000 (b) Low Enriched Uranium in Dispersible Form Used for Fabncation of Power Reactor Fuel:

Combustion Engineenng (Hematite) SNM General Electric Company SNM-1097 . 1,280,000 1,280.000 Siemens Nuclear Power SNM-1227 Westinghouse Bactric Company SNM-1107 . 1,280,000 1,280,000 (2) All other special nuclear materials heenses not included in Category 1.A.(1) which are licensed for fuel Cycle activities:

(a) Facihties with limited operations:

B&W Fuel Company SNM-1168 (b) All Others: 509,000 General Electric SNM-960

• 346.000 B. Ucenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI) , 283,000 C. Ucenses for possession and use of special nuclear matenal in seale51 sources contained in devices used in industnal measunng systems, including x-ray fluorescence analyzers 1,300 O

l

l i

i 16062 Federal Register / Vol. 63. No. 62 / Wednesday, April 1.1998 / Proposed Rules SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNM (See tootnotes at eno of table)

Category of matenals Icenses D. All other special nuclear matenal Icenses, except licenses authorizing special nuclear matenal in unsealed f bination the sarne feesthat would as those constitute for Category 1.A.(2)a entcal quantity, as defined m $ 150.11 of this chapter, y for which the hcens E. Licenses or certificates for the operation of a uranium ennchment facility . 3,100

2. Source matenal: 2,607,000 A.(1) Licenses for possess on and use of source matenal for refining uranium mill concentrates649,000 to uranium hexafl (2) Ucenses for possession and use of source mater # n recovery operauons such as milling in-situ leach leaching, ore buying stations, ion exchange facilities and in processing of ores containing tource material for ex tion of metals other than uranium of thonum, including licenses authonzing the possession of byproduct waste mate rial (tailings) from source matenal recovery operations, as well as Icenses authonzing the posses nance of a facihty in a standby mode:

Class I facihties

• Class il facihties

• 61,800 Other facihties

• 34.900 22,300 (3)egoryLicenses 2.A.(4) that authonze the receipt of byproduct material, as defined in ..

i 45,400 (4) Licenses that authonze the receipt of byproduct matenal, as defined ,

the licensee's milkng operations, except those licenses subject to the fees in Category 2.A.(2) -

C. All other source materiallicenses -B. Licenses whch authorize only the possesson, J use and/or 8,000 installation of 490

3. Byproduct materie!. 8,700 A. Licenses of broad scope for possession and use of byproduct matenal issued pursuant to Parts 30 and 33 ter for processing or manufactunng of items containing byproduct material for commercial distnbution .

B.manufacturing Other licenses for possession and use of byproduct materialissued pursuant to Part 30 16,700 of items containing byproduct matenal for commercial distnbution of th:s chapter fo 5.600 C. bconses issued pursuant to $$32.72,32.73, and/or 32.74 of this chapter authorizing the processing or m byproduct material. This category also includes the possession and use of sou ant to Part 40 of this chapter when included on the same Icense. This category does not apply to Icenses issued to non- ~

profit are educational covered institutions by fee Category 3D - whose processir'g or manufactunng is exempt under 10 CFR 171,11(a)(1). These licens 11,200 D. Ucenses and approvals issued pursuant to $$ 32.72,32.73, and/or 32.74 of this chapter authorizing distribution o

,b tributen of radiopharmaceuticals, generators, reagent kits and/or sources or devices not involving processing of bypr uct material. This category indudes licenses issued pursuant to $$32.72,32.73 and 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under 10 CFR 171.11(a)(1). This category a dudesonthe duded possession the same fecense - and use of source matenat for shielding authonzed pursuant to Part 40 of this chapter when in-4,400 E. Ucenses for possession and use of byproduct matenal in sealed sources for irradiation of materials in which the{

iscnot removed from its shield (self-shielded units) . _

3,200 F. I' enses for possession and use of less than 10,000 cunes of byproduct materialin sealed sources for irradiation o terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra-destion of materials in which the source is not exposed for irradiation purposes G. Ucenses for possession and use of 10,000 cunes or more of byproduct materialin sealed sources 3.800 for irradiation o terials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irra-diction of materials in which the source is not exposed for irradiation purposes .

19,700 H. Ucenses issued pursuant to Subpart A of Part 32 of this chapter to distribute items containing byproduct gnatorial require device review to persons exempt from the Icensing requirements of Part 30 of this chapter, except specific li-requirements of Part 30 of this chapterconses authorizing redistribution of items that have been authorized for distri i

- 5,000

1. Ucenses issued pursuant to Subpart A of Part 32 of this chapter to distribute items containing byproduct material or !

quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements l of Part 30 of this chapter, except for specific icenses authorizing redistribution of items that have been authorized for dis- 1 tribution to persons exempt from the licensing requirements of Part 30 of this chapter - i 8,900 J. Ucenses issued pursuant to Subpart B of Part 32 of this chapter to distnbute items containing byproduct material that re- '

) quire sealed source and/or device review to persons generally licensed under Part 31 of this chapter, except specific li-Part 31 of this chaptercenses authorizing redistribution of terms that have been authorized for distnbution to persons generally K. Ucenses issued pursuant to Subpart 8 of Part 31 of this chapter to distribute items containing byproduct 3.800material or quantities of byproduct material that do not require seated source and/or devce review to persons generally licensed under Part 31 of this chapter, except spectfic licenses authorizing redistnbution of items that have been authorized for j distribut6on to persons generally icensed under Part 31 of this chapter ,

j .. ..

3,300 l L Ucenses of broad scope for possession and use of byproduct material issued pursuant to Parts 30 and 33 of this chap ter for research and development that do not authorize commercial destnbution .. ._,

M.development Other licenses for possession and use of byproduct matenalissued pursuant to Part 30 of this chapter12.300 for research and that do not authorize commercial distnbution .

5,500

['

N. Ucenses that authonze servces for other licensees, except: f

\

j

h federal Register /Vol. 61 Na 62 / Wednesday, April 1,1998/ Proposed Rula 10063

[

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AG ISee footnotes at end of table)

Ca'egory of matenals hcenses -

Annual fees 1i*

(1)3P; Licenses and that authonze only calibration and/or leak testing serVces are subject to the fees specified in fee Catego (2) Licenses that authonze waste disposal services are subject to the fees specified in fee Categones 4A,48, and 4C 6,100 O Licenses for possession and use of byproduct material issued pursuant to Part 34 of this chapter for industrial radiogr phy operatons. This category atso includes the possession and use of source material for shielding authorized pursuant to Part 40 of this chapter when authonzed on the same license -

P. All other speofc bproduct malenal hcenses, except those in Categones 4A through 90 <

14,100

4. Waste disposal and processing: 1,700 A. Licenses specifically authonzing the receipt of waste byproduct matenal, source material, or special nuclear matenal from other persons for the purpose of contingency storage or commercial land desposal by the licensee; or hcenses au-thorizing contingency storage of low-level radioactive waste at the site of nudear power reactors; 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 authonzed to receive or dispose of waste matual -

.. 6 102,000 B. Licenses spoofcally authonzing the receipt of waste byproduct material, source material, or special nuclear matenal from other persons for the purpose of packt.ging or repackaging the material. The licensee will dispose of the matenal b transfer to another person authonzed to rec 6sve or dispose of the material .

C. Lcenses specifically authonzing the recerpt of prepackaged waste byproduct material, source matenal, o special 14.500 nu-clear matenal from other persons. The licensee will dispose of the material by transfer to another person kuthonzed to receive or dispose of the matenal

5. Welt logging: 7.700 A. Licenses for possession and use of byproduct matenal, source matenal, and/or specsal nuclear matenal for well loggin weit surveys, and tracer studies other than field flooding tracer studies -

8. Licenses for possessson and use of byproduct matenal for field flooding tracer studies 8.200

6. Nuclear laundnes: 13.200 A. Ucenses for commercial collection and laundry of items contaminated with byproduct matenal, source material, or spe-cial nuclear matenal - -.

7. Medical hcenses: 14,700 A. Licenses issued pursuant to Parts 30,35,40, and 70 of this chapter for human use of byproduct material, source mate-nal, or special nuclear matenal in sealed sources contained in teletherapy devices. This category also includes the pos-sesson and use of source matenal for shielding when authorized on the same Icense _.

10,300 B. Licentes of broad scope issued to medical institutions or two or more physcians pursuant to Parts 30,33,35,40,and 70 of this chapter authonzing research and development, including human use of byproduct matenal except heenses for byproduct matenal, source matenal, or special nuclear matenal in sealed sources contained in teletherapy devices. This category also indudes the possession and use of source material for shielding when authorized on the same hcense? .. 23,500 C. Other heenses issued pursuant to Parts 30, 35. 40, and 70 of this chapter for human use of byproduct material, source matenal, and/or speoal nuclear mattnal except Icenses for byproduct material, source material, or special nuclear mate- ,

nalin sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same hcense? -

8. Civil defense: 4,700 A. Licenses for possession and use of byproduct matenal, source matenal, or special nuclear material for civil elefense ac-tivities. ..

9. Device, product, or sealed source safety evaluation: 1,800 A. Registrations issued for the safety evaluation of devices or products containing byproduct rnaterial, source material, or speaal nuclear material, except reactor luel devices l for commercial distnbution .

....... 7.200 B. Registrations issued for the safety evaluation of devices or products containing byproduct matenal, source material, or l specalreactor except nuclearfuel material rnanufactured in accordance with the unique speofications of, and for use by, a single applicant.

devices. . . .

3,700 C. Registrations issued for the salety evaluation of sealed sources containing byproduct matenal, socce matenal, or spe-cial nuclear material, except reactor fuel, for commercial distribution

• 1,600 D. Registratens issued for the safety evaluation of sealed sources containing byproduct matenal, source material, or spe-cial exceptnuclear reactormaterial, fuel manufactured in accordance with the unique specifications of, and for use by, a single appicant,

10. Transportation of radioactive matenal: 780 j

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

Spent Fuel, High Level Waste, and plutonium air packages -

Other Casks . _ . _

• NA

• N/A B. Approvals issued of 10 CFR Part 71 quality assurance programs:

Users and Fabricators -

users 78.900

11. Standardized spent fuel facihties. ,_ 1,000

12. Special Projects : .

eN/A

13. A. Spent fuel storage cask Certifcate of Comphance __ *N/A

• N/A B. GeneralIcenses for storage of spent fuel under 10 CFR 72.210.

283,000

14. Byproduct, source, or specal nuclear matenal hcenses and other approvals authonzing decommissioning, decontaminahon, reclamation, or site restoration activities pursuant to 10 CFR Parts 30,40,70, and 72 .

15. Import and Export icenses . rN/A

16. Reciprocity a N/A 8 N/A

17. Master matenals trenses of broadscope issued to Govemment agencies

18. Department of Energy: 421,000 A. Certificates of Comphance . j v *1,169,000

{

j 4

16064 Federal Register / Vol. IG. No. 62 / Wednesday. April 1.1993 / Proposed Ruh's SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENC lSee tootnotes at end of tabiel Category of matenals licenses

,Annjsa(

8. Uransum Mill Tailing Radiation Control Act (UMTRCA) activities ..

1.966.000 i Anr.ual fees wdl be assessed based on whether a hcensee held a valid hcense with the NRC authorizing possessio matenal during the fiscal year. However, the annual foe is waived for these matenals teenses and holders of co lificates .

provals who either fi!ed for termination of their licenses )

permanently ceased hcen ed activities entirely by September 30,1997. or approvals or filed for possession only/ storage licenses prior to Oct provtssons of $ 171.t 7. If a person holds more than one hcense, certificate, r i hcense, certrfcate, registration, or approval held by that person. For hcenses that authonze more than one activ I human use and irradiator activities), annual fees will be assessed for each category applicable to the license. Licensee . . ,

under Category 1.A.(1). are not subject to the annual fees of Category 1.C and 1.0 for seale ,

ee is paid.

RInewal applications must be filed in accordance with the requirements of Parts 30,40,70,71, or 72 of this chapter, 8 Each fiscal year, fees for these matenals licenses will be calculated and assessed in accordance Federal Register for notice and comment.

with $ 171.13 and will be published an the i

' A Class l Icense includes mill licenses issued for the extraction of uranium from uranium ore. A Class il license inclu ccnses (sn-astu and heap leach) issued for the extraction of uranium from uranium ores ancluding research and development Icenses Iscense includes licenses for extrac$on of metals, heavy metals, and rare earths.

• Two teenses have been issued by NRC for land disposal of spooal nuclear material. Once NRC issues a LLW disposa and source matenal, the Commission will consider estabhshing an annual fee for this type of heense.

• Standardized spent fuel facihties,10 CFR Parts 71 and 72 Certsf6 cates of Compliance. and special reviews, such at topica ,

Essessed tnd topcal reports. an annual fee because the genere costs of regulating these actrvitses are pnmarily attnbutable to the users of the design ,

Flicensees consed to operate. in this category are not assessed an armual fee because they are charged an annual fee inegories other cat while they are h-I e No annual fee is charged because it as not practical to administer due to the relatively s'iort life or tempmary nature of the license.

' Separate under Categories annual 78 or 7C.fees will not be assessed for pacemaker heenses issued to medical institutions who also hold nuclear medicin f l

"This includes Certificates of Comphance assued to DOE that are not under the Nuclear Waste Fund.

(e) The activities comprisin 1995 surcharge are as follows:g the FY(OPAC'sl. Where specific payment billed by the NRC. The quarters begin l

instruc%ons are provided on the on October 1. January 1, A (1) LLW disposal generic activities; invoices to applicants and licensees, July 1 of each fiscal year. pril 1, and (2) Activitins not attributable t existing NRC licensee or classes,o paymer.t should be made accordingly, ofan e.g. Invoices of $5,000 or more should (d) For FY 1998, annual fees ofless licznsees: e.g., international cooperative safzty program and international be paid via ACH through NRC's than 5100,000 must inbefaid as billed by Lockbox Bank at the address indicated the NRC. As establishe FY 1996 -

safeguards activities; support for the materials license annual fees that ar'e Agrsement State program: site on the invoice. Credit card payments should be made up to the limit less than $100,000 are billed on the i' ominiss onin8 manegement plan established by the credit card bank,in "

ma rfals c sees t at b l'ed on the (3) Activit es t r?urrently assessed pfoy j[h th '"" '

licensing and inspection fees under to vo es o t Lockbox Bank designated for credit card "'" 8 N '"

CFR Part 170 based on existing lav or '.A.(2) 2 through 2.C.; 3.A. through 3.P.:

Commission policy, e.g., reviews and Payments.

4.B. through 9.D.1 and 10.B. For annual hapections conducted of nonprofit (b) Far FY 1998, the Comrnission will fee purposes, the anniversary date of the educational institutions and Federal adjust the fourth quarterly invoice for agrncies; activities related to onerating power reacfors and certain license is considered to be the first day of the month in which the original decommissioning and reclamation and rriaterials licensees to recover the full license was issued by the NRC.

costs tht would not be collected from amount of the revised annual fee. If tne Beginning June.U,1996, the effective small entities based on Commission amounts collected in the first three date of the FY 1996 final rule, licensees polic in accordance with the quarters exceed the amount of the that are billed on the license Regu atory Flexibility Act. revised annual fee, the overpayment anniversary date will be assessed the

, , , , , will be refunded. All other licensees, or annual fee in effect on the anniversary

14. Section 171.19 is revised to read ers of a certWicate, mgistyadon, or date of the license. Materials licenses as follows. ' approval of a QA program will be sent subject to the annual fee that are a bill for the full amount of the annual terminated during the fiscal year but

$ 171.19 Payment. fee on the anniversary date of the (a) Method of payment. Annual fee license. Payment is due on the invoice prior to the anniversary month of the payments, made payable to the U.S. license will be billed upon termination date and interest accrues from the date for the fee in effect r,t the time of the Nuclear Regulatory Commission, are to of the invoice. However, interest will be i

be made in U.S. funds by check, draft, waived if payment is received within 30 billing. New materials licenses subject money order, credit card, or electronic days from the invoice date- to the annual fee will be billed in the month the license is issued or in the funds transfer such as ACH (Automated (c) FY 1998, annual fees in the Clearing flouse) using EDI (Electronic next available monthly billing for the amount of $100,000 or more and fce in effect'on the anniversary date of Data Interchange). Federal agencies may described in the Federal Register notice the license. Thereafter, annual fees for also make payment by the On-line pursuant to S 171.13 must be paid in new licenses will be assessed in the Payment and Collection System quarterly installments of 25 percent as anniversary month of the license. /

s 1

i

- . . . Federal Rty;ister/Vol ta. No. ic > hhed.sv. .\prH L lWU Wopowd Pules 1(1065 l __ _

j _-. _ _ _ _ - _ __

Dated at Nxb ille . Ntarvland. dais 24th dav ter manut.u tunng milwt, w an n to AJ ut Marr.h. lyn l

emplove w.h estabhshmi at al 300 and a IT 19% and FY WIT to mtabhe ih. n For the Nuclear Re gulaton Commmion. 1%R annu.it fees Inw.-cer muill c:;tav fee ut 5 m0 svas lesse L. Funches. caablishmt for those manulartunng Public Law 104-121. the Contract suth N

industries uith las than u employees. The America Advancement Act of 1996. was Chief Finomia/ 0/ficer- signed into law on March 24.19% Titk til lower tier receipts-based threshold of Appendix A to This Proposed Rule- of the law is entitled the Small Busiress i S250.000 was raised to 5350.000 to reflect Regulatory Enforcement Fairness Act of 1990 Regulatory Flexibility Analysis for the approximately the same percentage l

Amendments to 10 CFR Part 170 (License adiustment as that made by the SBA when (SBREFA) The SBREFA has two purposet The first is to reduce regulatory burdens Feest and to CFR Part 171 (Annual Fees) they adjusted the receipts based standard imposed by Federal agencies on small l i

l t BacAground from S3 5 million to 55 million. The NRC businesses, nonprofit organizations and belies es that continuing these actions for FY l The Regulatory Flexibility Act of 1980. as governmental jurisdictions. The second is to 1998 will reduce the impact of annual fees i provide the Congress with the opportunity to amended.

a principle of(5 U.S.C. practice regulatory 601 et seq.)

that establishes as ou small businesses. The NRC size standards review agency rules before t are codified at 10 CFR 2.810. Under this legislation, the NRC fee rule.

agencies endeavor to fit regulatory and

! Informational requirements. consistent with Public Law 101-508 the Omnibus Budget published annually, is considered a " major" Reconciliation Act of1990 (ODRA-90),

rule and therefore must be reviewed by i applicable statutes.

with the businesses, organizations, andto a scale commensurate requires that the NRC recover approximately Congress and the Compt;oller Genei 100 percent ofits budget authority, less government jurisdictions to which they the rule becomes effective. Section 312 of the apply. To achieve this principle, the Act appropriations from the Nuclear Waste Fund. Act provides that for each rule for which an for Fiscal Years (FYJ 1991 through 1995 by requires that agencies consider the impact of assessing license and annual fees. OBRA-90 agency prepared a final regulatory flexibility I their actions on small entities. If the agency analysis, the agency shall prepare a guide to

- cannot certify that a rule will not was amended in 1993 to extend the 100 assist small entities in complying with the f percent recovery requirernent for NRC rule. The NRC's guide is Attachment 1 to significantly impact a substantial number of through 1998. For FY 1991, the amount for small entities, then a regulatory flexibility Appendix A of this proposed rule. A collection was about S445.3 million

for FY regulv. tory flexibility analysis is prepared for analysis is required to examine the impacts 1992. about $492.5 million: for FY 1993 j the proposed and fidd NRC fee rules as on small entities and the alternatives to about $518.9 million; for FY 1994 about $513 implemented by 10 CFR Part 170 and 171 of minimize these impacts.

To assist in considering these impacts million: for FY 1995 about $503.6 million; for the Commission's regulatbns. Therefore. In FY 1996 about $462.3 million: for FY 1997 compliance with the law. Attachment 1 to under the Regulatory Flexibility Act (RFA). about $402.3 million; and the amount to be first the NRC adopted size standards for this Regulatory Flexibility Analysis is the collected for FY 1998 is approximately small entity compliance guide for FY 1998.

determining which NRC licensees uahfy as $454.8 million.

s nall entities (50 FR 50241; Decem r 9. To compiy with ODRA-90, the E Impact on SmMnMes 1985). These size standards were clarified Commission amended its fee regulations in

( November 6.1991 (56 FR 56672). On April The comments received on the proposed 7.1994 (59 FR 165131. the Small Business 10 CFR Parts 170 and 171 in FY 1991 (56 FR FY 1991-1997 fee rule revisions and the 31472; luly 10.1991). in FY 1992 (57 FR small entity certifications received in

' ~

Administration (SBA) issued a final rule 32691: July 23.1992) in FY 1993 (58 FR respanse to the final FY 1991-1997 fee rules changing its size standards. The SBA 38666, July 20.1993), in FY 1994 (59 FR adi usted its receipts-based size standards indicate that NRC licensees qualifying as 36895: July 20.1994). in FY 1995 (60 FR small entities under the NRC's size standards levels to mitigate the effects of inflation from 32218: June 20.1995). In FY l'996 (61 FR are primarily those licensed under ;he NRC's 1984 to 1994.On November 30,1994 (59 FR 16203; Apri) 12.1996), and in FY 1997(62 61293), the NRC published a proposed rule rnaterials program. Therefore, this analysis FR 29194: May 29.1997) based on a careful will focus on the economi to amend its size standards. After evaluating evaluation of over 1,000 comments. These annual fees on materialscensees. h,c impact of the the two comments received, a final rule that final rules established the methodology used The Commission's fee regulations result in would revise the NRC's size standards as by NRC in identifying and determining the substantial fees being charged to those proposed was developed and approved by fees assessed and collected in FYs 1991- individuals, organizations, and companies the SBA on March 24.1995.The NRC 1997.

published the final rule revising its size that are licensed under the NRC materials standards on Aprilit. 1995 (60 FR 18344). The NRC indicated in the FY 1995 final Program. Of these materials licensees, about rule that it would attempt te stabilize annual 20 percent (approximately 1.400 licensees)

The revised standards became effective May fees as follows. Beginning in FY 1996, it have requested small entity certification in it.1995. The revised standards adjusted the would adjust the annual fees only by the the past. In FY 1993, the NRC conducted a NRC receipts-based size standards from 53.5 percentage change (plus or minus)in NRC's survey of its materials licensees. The results tnillion to 55 million to accommodate total budget authority unless there was u of this survey indicated that about 25 percent inflation and to conform to the SBA final substantial change in the total NRC budget of these licensees could qualify as small rule. The NRC also eliminated the separate authority or the magnitude of the budget

$1 million size standard for private practice entities under the current NRC size allocated to a specific class of licensees in standards.

physicians and applied a receipts-based size which case the annual fee base would be The commenters on the FY 1991-1994 standard of 55 million to this class of licensees. This mirrored the revised SBA recalculated (60 FR 32225: June 20.1995). Proposed fee rules indicated the following The NRC also indicated that the percentage results if the proposed annual fees were not standard of 55 million for medical change would be adjusted based on changes modified:

practitioners. The NRC also established a size in the 10 CFR Part 170 fees and other standard of 500 or fewer employees for -LarBe firms would gain an unfair adjustments as well as au adjustment for the competitive advantage over small entities.

business concerns that are manufacturing number oflicensees paying the fees. As a entities. This standard is the most commonly result, the NRC is proposing to establish the One commenter noted that a small well.

, used SBA employee standard and is the logging company la " Mom and Pop" type i

standr.rd applicable to the types of FY 1998 annual fees for all licensees at 0.1 of operation) would find it difficult to percent above the FY 1997 exact (prior to absorb the annual fee, while a large manufacturing industries that hold an NRC rounding) annual fees. Based on this small license. corporation would find it easier. Another change, the propused FY 1998 annual fee The NRC used the revised standards in the commenter noted that the fee increase final FY 1995. FY 1996 and FY 1997 fee rules (rounded) for many fee categories are thecould be more easily absorbed by a high-and is continuing their use in this FY 1998 same as the FY 1997 annual fees. Because volume nuclear medicine clinic. A gauge there has not been a substantial change in the licensee noted that, in the very competitive

proposed rule. The small entity fee categories NRC budget or in the magnitude of a specificsoils testing market, the annual fees would in 5171.16(c) of this proposed rule reflect the budget allocation to a class of licensees, the changn in the NRC's size standards adopted NRC intends to continue to stabilize annual put it at an utreme disadvantage with its  !

much laer competitors because the in FY 1995. A new rnaximum small entity fee fees by following the same method used for proposed fees would be the same for a two-

16006 14deral Redister / WL 6 L h W, Li.mia. .sphi 1. swd! Propmed Rules perunt hr enwe .e. tor a larm firm uith -!)aw b .s on ., quem , ot i # ot the ill dumman thous.mM of en laveet fenwu xi.o.ata e materaj .c g . Wum"

-Some firms wou d be for<.cil to cam el their of patients) The NRC has iit termined the 10 CFR Part limnses. One commenter. with rn eipts of -flasc fees on the NRC sae stan<tard, for IN annual fees significant ienpact a less than 5500.000 peryear, stated that the small entitws. substantial number of small er.tities A -

l proposed rule would,in effect, force it to The NRC has reexamin< ci the F Y tW1-masimum fee for small entities strikes a j rehnquish its soil density gauge and balance 6 tween the requirernent to collect 1997 evaluations of these alternatives. Based 100 percent of the NRC budget and the s l bcense, thereby reducmg its ability to do on that reexamination, the NRC contmues to j sts work effectively. Anuther commenter requirement to consider means of reducmg noted that the rule would force the believe that establishment of a maximum fee the impact of the fee on small entities. On the for small entities is the must appropriate basis ofits regulatory fleubihty analyses the wmpany to get rid ofand the many other materials small businesses option to reduce the impact on small entities. NRC concludes that a maximurn ann'ual feis license altogether. Commenters stated that the The NRC established, and will continue for of 51.800 for small entities and a lower tier proposed rule would result in about to FY 1998, a maximum annual fee for small small entity annual fee of $400 for small percent of the well logging licensees entWes. The RFA and its implementing businesses and not for profit organizations j terminating their licenses immediately and guidance do not provide specific guidelines with gross annual receipts of less than approximately 25 percent termmating their on what constitutes a significant economic S350.000, small governmental jurisdictions l licenses before the next annual assessment. impact on a small entity. Therefore, the NRC with a population of less than 20.000, small has no benchmark to assist it in determining manufacturing entities that have less than 35 n co men n5ted ha he ro a7 the amount or the percent of gross receipts employees and educational institutions that would put it, and several other mal that should be charged to a small entity. For are not State or publicly supported and have

' companies, out of business or, at the very FY 1998, the NRC will rely on the analysis less than 35 employees reduces the impact least, make it hard to survive' Previously completed that established a on small entities. At the same time, these onsa wi I

~Sorne companies would have budget problems. Many medical licensees maximum annual fee fog a small entity and the amount of costs that must be recovered }u anju

.O .

s e commented that, lii these times of slashed from other NRC licensees as a result of small entities mamtain a balance between the reimbursements. the proposed increase of establishing the maximum annual fees. objectives of OBRA-90 and the RFA.

the existing fees and the introduction of The NRC continues to believe that the to Therefore, the analysis and conclusions additional fees would significantly affect CFR Part 170 license fees (application and 5 " 19M their budgets. Another noted that. in view amendmentl. or any adjustments to these 98 P oP[s[d rul for FY of the cuts by Medicare and other third licensing fees during the past 3 ear, do not C mP party carriers, the fees would produce a have a signi6 cant im act on small entities. In ,g n ty com iance gu d has hardship and some facilities would issuing this propose rule for FY 1998, the been {repared by NRC and is shown as Attac ment 1 to this Regulatory Flexibility experience a great deal of difficulty in NRC concludes that the 10 CFR Part 170 l meeting this additional burden. materials license fees do not have a ^"'I'

Y Since FY 1991 when annual fees were first significant impact on a substantial number of Attachment 1 to Appendix A

, established approximately 3.000 license, small entities and that the to CFR Part 171 l approval. and registration terminations have maximum annual small entity fee of 51.800 ll.S. Nuclear Itegulatory Commission. Small been requested. Although some of these be continued. Entity Compliance Guide. Fiscal Year !998 terminatioris were requested because the By maintaining the maximum annual fee Contents license was no longer needed or licenses or for small entities at $1.800, the annual fee for introduction registrations could be combined, indications many small entities is reduced while at the NRC Definition of Small Entity are that other termination requests were due same time materials licensees, including NRC Small Entity Fees D to the economic impact of the fees. smrli entities, pay for most of the FY 1998 Instructions foFompleting NRC Form 526 The NRC continues to receive written and costs attributable to them. The costs not oral comments from small materials recovered from small entities are allocated to Introduction licensees. These commenters previously other materials licensees and to operating The Small Dusiness Rebulatory indicated that the $3.5 million threshold for power reactors. However, the amount that Enforcement Fairness Act of 1996 (SBREFA) l small entities was not representative of small must be recovered from other hcensees as a requires all Federal agencies to prepare a businesses with gross receipts in the result of n.aintaining the maximum annual written guide for each " major" final rule as thousands of dollars. These commenters fee is not expected to increase significantly. defined by the Act. The NRC's fee rule, believe that the $1.800 maximum annual fee Therefore, the NRC is continuing, for FY published annually to comply with the represents a relatively high percentage of 1998. the maximum annual fee (base annual Omnibus Budget Reconciliation Act of 1990 gross annual receipts for these " Mom and fee plus surcharge) for certain small entitles (OBRA-90) which requires the NRC to collect Pop" type businesses. Therefore, even the at 51.800 for each fee category covered by approximately 100 percent of its budget reduced annual fue could have a significant each license issued to a small entity. authority each year through fees, meets the impact on the ability of these types of While reducing the impact on many small thresholds for being considered a " major" bueinesses to continue to operate- entities, the Commission agret.s that the rule under the SBREFA. Therefore,in To alleviate the continuing significant maximum annual fee of 51.800 for small impact of the annual fees on a substantial compliance with the law, this small entity entities. when added to the Part 170 license compliacce guide has been prepared for FY number of small entities, the NRC considered fees, may continue to have a significant 1998. The purpose of this guide is to assist

alternatives. In accordance with the RFA. impact on materials licensees with annual small entities in complying with the NRC fee These alternatives were evaluated in the FY gross receipts in the thousands of dollars. rule.

1991 rule (56 FR 31472;)uly 10,1991),in the Therefore, as in FY 1992-1997, the NRC is This guide is designed to aid NRC FY 1992 rule (57 FR 32691; July 23,1992). continuing the lower tier small entity annual materials licensees. The information in the FY 1993 rule (58 FR 38666; July 20- fee of $400 for small entities with relatively provided in this guide may be used by 1993). in the FY 1994 mle (59 FR 36892; July low gross annual receipts. The lower tier licensees to determine whether they qualify 10.199t). In the FY 1995 rule (60 FR 32218; small entity fee of $400 also applies to as a small entity under NRC regulations and June 20.1995). in the FY 19% rule (61 FR manufacturing concerns, and educational are therefore eligible to pay reduced FY 1998 16203: Apnt 12,1996), and in the FY 1997 institutions not State or publicly supported, annual fees assessed under 10 CFR Part 171.

tule (62 FR 19194; May 29,1997). The w th less than 35 employees. This lower-tier The NRC in compliance with the Regulatory alternatives v.onsidered by the NRC can be small entity fee was first e.stablished in the Flexibility Act of 1980 (RFA). has established summarized as follows. final rule published in the Federal Register separate annual fees for those materials I -Dase fees on some measure of the amount on April 17.1992 (57 FR 13625) and now licensees who meet the NRC's size standards of radioactivity possessed by the licensee includes manufacturing companies with a for small entities. These size standards.

(e g., number of sources). relatively small number of employees. developed in consultation with the Small

\

l i

r

Federal Remister /Vol. 63. No. ti2 / Wednesde, April 1. Iwa ' Proposed Rules 10007 11usinew Adminstration, um m ised by the NRC and became effet tiv on %y 11.1W5. l Maximum i 8P'tdlR'"ns or lowe*. toes colleued for n The small entity size stand.srds are found at annual remitted to.s taxing authority if mcluded m fee per h. gross or tot.il income, proceeds from the 10 CFR 2.8 to of the NRCs regulations. *lo censed transactions between a concern and its comply with the RFA the NRC has category domestic or foreign affiliates (if also exclutted established two tiers of small entity fees- #"'""

Small Business Not Engaged in '

These inns are found at 10 CFR 171.1%) of Manufactunng and Small Not. "" '"

the NRC's fee regulations- " " " " # '#""'

For Profit Organizations (Gross Licensees who meet NRC's size standards Annual Receipts): 8 ' '88"' " ""

for a small entity must complete NRC Form m n gem ts i ov d r.

$350.000 to S5 miikon . S1,800 526 in order to qualify for the reduced annual Less than S350,000 , 400 (3) A licensee who is a subsidiary of a large entity does not quallfy as a small entity.

fee. NRC Form 526 will accompany eac*i Manufactunng entities that have .

an average of 500 employees (4) The owner of the entity, or an official annual fee invoice mailed to materials licensees. The cornpleted form, along with empowered to act on behalf of the entity, the appropriate small entity fee and the

[5 o 500 emplovees 1,800 must sign and date the small entity  ;

Less than 35 employees **

payment copy of the invoice, should be 400 Small Govemmental JunSdictions 3. The NRC sends invoices to its licensees mailed to the U.S. Nuclear Regulatory . (including pubiscly supported f r the full annual fee, even though some Commission. IJcense Fee and Accounts educational institutions) (Popu- entities qualify for reduced fees as a small Receivable Branch, P.O. Box 954514, St. lation) entity. Licensees who qualify as a small l' Louis, MO 63195-4514, 20,000 to 50.000 - 1,800 entity and file NRC Form 526, which certifies Less than 20,000 400 eligibility for small entity fees, may pay the NRC Definition of Smo# Entity _

reduced fee, wl.ich for a full year is either Eoucatiorsi institutions that are The NRC,in consultation with the Small not Stp of Publicly Supported. rS ot ac c e8 $ho n Business Administration. has defined a small and hue 500 Employees or , y9 p e si og entity for purposes of compliance with its Less entity. Licensees graffted a license during the regulations. The definition is codified in to plo es first six months of the fiscalyear and NRC's regulations et 10 CFR 2.810. Under the , .]p y '

1 licensees who file for termination or for a NRC regulation, a small entity is: possession only license and permanently To pay a reduced annual fee, a licensee cuse hansed activities during the first six

1. Small business-a for-profit concern that m nths of the fiscal year pay only 50 percent must use NRC Form 526, enclosed with the provides a service or a concern not engaged fee invoice. to certify that it meets NRC's site of the annual fee for that year. Such an in manufacturing with average goss receipts standards for a small entity. About 1,400 invoice states the " Amount Billed Represents of 55 million or less over its last 3 completed licensees certify each year that they qualify 50% Proration. This means the amount due fiscal years; as a small entity under the NRC size Imm a small entity is not the prorated

2. Manufacturing industry-a standards and pay a reduced annual fee, amount shown on the invoice but rather one.

manufacturing concern with an average AP ox ma 8 h sma1 " """ ""

number of 500 or fewer employees based g

00 bse , ha F 26 f t e s e stand d nde i

.- upon employment during each pay period for the lower tier, small-entity fee of $400. which the licensee qualifies, resulting in a the preceding 12 calendar months: fee of either $900 or $200 for each fee Instructions for Completing NRC Form 526

3. Small organization-a not-for profit category billed instead of the full small entity 1 File a separate NRC Form 526 for each annual fee of 51,800 or $400.

organization which is independently owned annual fee invoice received. 4. A new small entity form (NRC Form 526) and operated and has annual gross receipts 2. Complete allitems on NRC Form 526 as is required to be filed with the NRC each of 55 million or less; f !!ows: ,

fiscal year in order to qualify for reduced fees

4. Small governmental jurisdiction-a a. The license number and invoice nuinber for that fiscal year. Because a licensee's government of a city, county, town, must be entered exactly as they appear on the size." or the sire standards, ma change township, village, school district or special annual fee invoice. from year to year, the invoice re ects the full district with a population of less than 50,004 b. The Standard Industrial Classification fee and a new Form must be completed and

$. Small educational institution-an (SIClCode should be entered if it is known. returned for the fee to be reduced to the small

c. The licensee's name and address must be entity fee. LICENSEES WILL NOT BE educational institution supported by a entered as they appear on the invoice, Narne qualifying small governmental jurisdiction, ISSUED A NEW INVOICE FOR THE and/or address changes for billing purposes REDUCED AMOUNT. The completed NRC or one that is not state or publicly supported must be annotated on the invoice Correcting Form 526, the payment of the appropriate and has 500 or fewer employees > the name and/or address on NRC Form 526 small entity fee, and the " Payment Copy " of or on the invoice does not constitute a the invoice should he mailed te, the U.S.

NRC Smoll Enfify fees request to amend the license. Any request to Nuclear Regulatory Commission, License Fee The NRC ha> established t,wo aers of small, amend a license is to be submitted to the and Accoums Receivable Branch, P.O. Box entity fees for licensees that qualify under the respective licensing staffs in the NRC 954514 St. Louis, MO 63195-4514.

NRC's size standards. Currently, these fees Regional or Headquarters Offices.

5. Questions regarding fee invoices may be are as foHows: d. Check the appropriate size standard sed orally or in writing. Please call the under which the licensee qualifies as a small hense fee staff at 301-415-7554 or write to j entity. Check one box only. Note the the U.S. Nuclear Regulatory Commission, following: Washingtors DC 20555, Attention: Office of (1) The size standards apply to the the Chief Financial Officer.

• An educational institution referred to in the size licensee, not the individual cuthorized users standards is an entity whose primary function is 6. False certifir-tion of small entity status listed in the license.

education. whose programs are accredited by a could result in civil sanctions being imposed (2) Cross annual receipts as used in the by the NRC pursuant to the Program Fraud nationaDy recognized accredning agency or size standards includes all revenue in association. who is legally authorized to provide a Civil Remedies Act,31 U.SL. 't801 et. seg.

whatever form received or accrued from NRC's implementing regulations are found at program of organtred instruction or study, who whatever sources, not solely receipts from provides an educational program for which it 10 CFR Part 13.

licensed activities. There are limited

[ awards academic degrees and whose eduwlonal exceptions as set forth at 13 CFR 121.104. (FR Doc. 98-8279 Filed 3-31-98; 8 45 aml programs are available to the public. j These are: the term receipts excludes net swNo coof m0-ew '

i

I http://www.ntc. gov /OPA/gmo/nrarev/98-45.htm_ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

http://www.nrc. gov /OPA/gmo/nrarev/98-45.htm AF83 - I Nuclear Regulatory Commission pq i

( Office of Public Affairs Washington DC 20555 Telephone: 301/415-8200 - E-mail: opa@nrc. gov April 1,1998 NRC PROPOSES TO AMEND LICENSING, INSPECTION AND ANNUAL FEES The Nuclear Regulatory Commission is proposing to amend its licensing, inspection and annual The proposed amendments implenient the requirements of the Omnibus Budget Reconciliation 1990 which mandates that the NRC recover approximately 100 percent ofits budget authority appropriations from the Nuclear Waste Fund -- in fiscal years 1990 through 1998 by assessing The Conunission's budget authority for fiscal year 1998 is $472.8 million, of which $15 million appropriated from the Nuclear Waste Fund. In addition, $3 million has been appropriated for NRC's activities related to commercial vitrification of waste stored at the Department of Energy's Ha for these activities is excluded from license fee revenues b

$454.8 million which NRC must collect in fees. The total amount to be recovered is appr

( million less than that recoves:d the previous fiscal year.

The number oflicensees paying annual fees has decreased. The Zion nuclear power station ceased operating this year, whiic the Haddam Neck ( Connecticut), Maine Yankee, (Maine),

Rock Pomt (Michigan), plants all c ased operating last year.

As a result of the decrease in both the budget and the number oflicensees, the proposed fiscal y annual 0.1 fees are about the same as those for fiscal year 1997. Fees for fiscal year 1998 increa percent.

The 1998 annual fees are:

-- $2,980,000 for power reactor licensees, from $2,978,000 in fiscal year 1997; -

-- $57,300 for non fiscal year 1997; power (research and test) reactor licensees, from approximately the same amount

-- $2,607,000 for high-ereiched uranium fuel facility licensees, from $2,606,000 in fiscal year 19

-- $1,220,000 for low-enriched fuel fabrication facility licensees which manufacture fuel for nuclear power plants, from $1,279,000 in fiscal year 1997; The amounts from fiscal year 1997 remain largely unchanged for radiographer and broad scope licensees, who are charged $14,100 and $23,500, respectively.

Other changes to the fee rule are proposed, including a decrease in hourly ir$spection and licens l(- adjustments overtime. in rates for license reviews, full cost recovery for resident inspectors, and charges for Sof2 04/07/98 09:32:53

http://www.nrc. gov /OPA/gmo/nrarev/98-45.htm http://www.ntc. gov /OPA/gmo/nrarev/98-45.htm The NRC is also planning to examine the current annual fee exemption policy for licensees underg decommissioning or holding possession-only licenses. Currently, licensees decommissioning their

( facilities who store their spent fuel in a spent fuel pool are not assessed an amiaal fee. But licensees who store spent fuel in an independent spent fuel storage installation, must pay such a fee. Any changes to this policy would be included in the fee rule for the next fiscal year.

Written comments on the proposed amendments to Parts 170 and 171 of the Commission's regulations should be received by May 1. They should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C.,20555-0001, ATTN: Rulemakings and Adjudications staff. Comments may also be submitted via the NRC's electronic rulemaking website at http://www.nrc. gov. Select "rulemaking" from the tool bar and then "new rulemaking website."

The NRC will continue to mail the proposed rule to all licensees, but will no longer mail them the final rule. The final rule will be available in the Ecderr.1 Register, and published on the internet at http://ruleforum.llnl. gov NRC Home Page l News and Information l E-mail I

I l

i 2 of'2 04/07/98 09:32:53

April 1. 1998 r37 F3-/

g

, MEMORANDUM TO: Richard L. Bangart, Director

( Office of State Programs FROM: James Turdici, Director Division of Accounting and Finance Originalsignedby Office of the Chief Financial Officer ' gg

SUBJECT:

PROPOSED RULE - 100 PERCENT RECOVERY - FY 1998 Attached is a copy of the Notice of Proposed Rulemaking relating to the FY 1998 NRC license, inspection and annual fees that was published in the Federal Register April 1,1998.

Although OCFO will make distribution of the proposed rule to all Agreement States, Nonagreement States and NRC licensees, it is requested that OSP notify the Agreement States to make distribution of the proposed rule to their licensees since the propused rule would assess fees to those Agreement State licensees who perform work in Nonagreement States under the reciprocity provisions of $150.20. -

Please also note that we are not mailing the final rule but will make it available on the Intemet and to those specifically requesting a copy. Thank you for your assistance in this matter.

Attachment:

As stated

(

Contact:

Glenda C. Jackson, OCFO 415-6057 Distribution:

OCFO RF OCFO SF OCFO/DAF/LFARB RF OCFO/DAF RF (DAF-8-000)

OCFO/DAF SF (LF=1.13)

DOCUMENT NAME: Ga\BANGART 4

Ta seceive a espe of shis documsut, bdicaer b the bon- "C" = Copy withous ===4====eleuclosu,e T = Copy wiin --- ' '

'N' = No copy.

CFFICE OCF0/DAF/LFARB g OCF0/DAF/LFAR8 { DCF0/D/DAF A) mau[*'oCa.ek. n M 1 l DsD.nde d JTurdict T DATE f /) /96 h/ Y///96 OFF1CIAL RECORD COPY r "'n '

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