ML20237A276

Informs That Omnibus Budget Reconciliation Act of 1990,as Amended,Requires That NRC Recover Approx 100% of Budget Authority,Less Appropriation from Nuclear Waste Fund for FY91 - FY98 by Assessing License & Annual Fees

ML20237A276
Person / Time
Issue date:	06/08/1998
From:	Funches J NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Mcdade J HOUSE OF REP., APPROPRIATIONS
Shared Package
ML20236V991	List: ML20236V988 ML20236V994 ML20236W359 ML20236W487 ML20236W529 ML20236W721 ML20236W726 ML20236W730 ML20236W745 ML20236Y373 ML20236Y401 ML20236Y408 ML20236Y420 ML20236Y439 ML20236Y447 ML20236Y453 ML20236Y463 ML20236Y471 ML20236Y484 ML20236Y503 ML20237A159 ML20237A169 ML20237A178 ML20237A183 ML20237A225 ML20237A228 ML20237A234 ML20237A239 ML20237A249 ML20237A254 ML20237A259 ML20237A276 ML20237A287 ML20237A291
References
FRN-63FR31840, RULE-PR-140, RULE-PR-170, RULE-PR-171, RULE-PR-2 AF83-2-032, AF83-2-32, NUDOCS 9808130234
Download: ML20237A276 (27)

Text

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• UNITED STATES

((3 4 i E NUCLEAR REGULATORY COMMISSION E WASHINGTON, D.C. 20566 4001

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\,..../ June 8, 1998 i

The Honorable Joseph M. McDade, Chairman  ;

Subcommittee on Energy and Water Development l Committee on Appropriations l United States House of Representatives l Washington, DC 20515 D6ar Mr. Chairman:

The Omnibus Budget Reconciliation Act of 1990, as amended, requires that the NRC recover approximately 100 percent of its budget authority, less the appropriation from the Nuclear i Waste Fund, for Fiscal Years 1991 through 1998 by assessing license and annual fees. For FY 1998, the NRC must collect approximately $454.8 million through these fees. 1 in order to comply with the law, the Commission is amending its fee regulations in 10 CFR i

Parts 170 and 171. The final amendments to 10 CFR Part 170 will revise the professional hourly rates and " flat" licensing fees to reflect the costs of providing NRC licensing services to j applicants and licensees. '

l The final amendments to 10 CFR Part 171 will establish the amount of the FY 1998 annual fees to be assessed to operating reactors, fuel cycle licensees, transportation certificate holders, and materials licensees to recover costs not recovered through 10 CFR Part 170 fees. The 4 FY 1998 annual fees will decrease by about 0.1 percent as compared to FY 1997. The slight decrease in annual fess results primarily from the reduction in the budgeted amount to be recovered through fees for FY 1998 as well as a reductio.s in the number of licensees paying the annual fees. Those NRC licensees that can qualify as a small entity under the NRC's size  ;

standards will continue to be eligible to pay reduced annual fees.

Enclosed is a copy of the final rule wh!ch is being transmitted to the Federal Register for publication. The final rule will become effective 60 days after publication.

Sincerely, i

l I

esse L. Funches

l. Chief Financial Officer

(

Enclosure:

Final Revision to 10 CFR Parts 170 and 171 cc: Representative Vic Fazio

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Nuclear Regulatory Commission v 10 CFR Parts 2,140,170, and 171 Fee Schedules Revision: 100 Percent Fee Recovery (FY 1998); Final Rule I

31840 Fcdsrzl Register /Vol. 63, No. til / Wednesday. June 10.1998 / Rules and Regulations NRC's 100 percent fee recovery approximately 30 days after issuance of ~.

NUCLEAR REGULATORY COMMISSION requirement through FY 1998. an inspection report.  %

The NRC assesses two types of fees to 5. Implement a procedural change tof  ;

10 CFR Parts 2,140,170, and 171 recover its budget authority. First, assess fees under SS 170.21 and 170.31 ,

license and inspection fees, established for e ;tivities, such as application '

RIN 3150-AF 83 at 10 CFR Part 170 under the authority resiews and inspections, performed of theIndependent Offices during compensated overtime. The Revision of Fee Schedules; 100 ,

Appropriation Act (IOAA) 31 U.S.C. compensated overtime hours will be Percent Fee Recovery, FY 1998 billed at the normal hourly rate.

9701, recover the NRC's costs of AGENCY: Nuclear Regulatory providing individually identifiable II. Responses to Comments ,

Commission. services to specific applicants and l The NRC received and evaluated four ACTION: Final rule. licensees. Examples of the services comments on its proposed rule.

provided by the NRC for which these For eva1uatn'on urpo s, cornme ts

SUMMARY

The Nuclear Regulatory fees are assessed are the review of similarin nature gave en groupe , as Commission (NRC) is amending the applications for the issuance of new licensing, inspection, and annual fees licenses, approvals or renewals, and [PPropria e a d add ssed as smg e  ;

charged to its applicants and licensees. emendments to licenses or approvals. yhe comments are as' follows.

The amendments are necessary to Second, annual fees, established in 10 i 1

implement the Omnibus Budget CFR Part 171 under the authority of A. Relationship Between Costs and Reconciliation Act of 1990 (OBRA-90). OBRA-90, recover generic and other Annuolfees 1 which mandates that the NRC recover regulatory costs not recovered through 1. Comment. Two commenters, the I approximately 100 percent ofits budget 10 CFR Part 170 fees. Nuclear Energy Institute (NEI) and i authority in Fiscal Year (FY) 1998, less On April 1,1998 (63 FR 16046), the Florida Power and Light Company amounts appropnated from the Nuclear NRC published a proposed rule to (FPL), indicated that the basis for the Waste Fund (NWF). The amount to be establish the licensing. inspection, and increase in the annual fees was not recovered for FY 1998 is approximately annual fees necessary for the NRC to explained in the proposed rule. These i 5454.8 million. The NRC is also recover approximately 100 percent ofits commenters indicated that NRC has not I providing additional payment methods budget authority for FY 1998, less the followed the Congressional directive in for civil penalties and indemnity fees, as appropriation received from the Nuclear the Conference Report on the Omnibus well as annual and licensing fees. Waste Fund and the General Fund, and Budget' Reconciliation Act of 1990 EFFECTIVE DATE: August 10,1998. to provide additional payment methods (OBRA-90) that the annual charges,"to AcoREssss: Copies of comments for civil penalties and indemnity fees. the maximum extent practicable, received and the agency workpapers These changes were highlighted in the reasonably reflects the cost of providing that support these final changes to 10 proposed rule (63 FR 16046; April 1, services to such licensees or classes of CFR Parts 170 and 171 may be 1998) and have been adopted in this licensees." NE1 stated that the general examined at the NRC Public Document final rule for FY 1998. The major descriptions of the activities comprising i Room,2120 L Street NW (Lower Level), changes are summarized as follows: the basis for the annual fee do not  !

Washington, DC 20555-0001, 1. Adjust all to CFR 171 annual fees provide sufficient information to enable FOR FURTHER INFOMt4ATION CONTACT: by the percent change in the NRC the public to comment meaningfully on Glenda Jackson, Office of the Chief budget authority since its FY 1997 this aspect of the proposed rule, and ,

appropriation. In this fmal rule, FY Financial Officer. U.S. Nuclear went on to argue that the NRC's Regulatory Commission. Washington, 1998 annual fees have been adjusted obligation to examine its activities and DC 20555-0001, Telephone 301-415- downward by about 0.1 percent. This their associated costs annually pursuant 6057. change is consistent with the NRC's to OBRA-90 cannot be satisfied by intention stated in the FY 1995 final merely adjusting the FY 1995 baseline SUPPLEMENTAL INFORMATION:

1. Background.

rule. The NRC indicated that, beginning determinations.Both of these

!!. Responses to Comments.

in FY 1996, annual fees would be commenters indicated that the NRC Ill. Final Action. stabilized by adjusting the pnor year should not proceed with the rule as IV. Section-by.Section Analysis. annual fees by the percent change (plus proposed and should provide a clear V. Environmental !mpact: Categorical or minus)in the NRC budget authority explanation of the relationship between Exclusion. taking into consideration the estimated services provided and the proposed VI. Paperwork Reduction Act Statement- collections from 10 CFR Part 170 fees annual fee. FPL stated that the

i. R a ory F m bty Analysis, and the number of licensees paying fees; description and level of justification IX. Backfit Analysis.

2. Revise, by lowering, the two should be no less than that employed X. Small Business Regulatory Enforcement professional hourly rates in 5170.20 prior to 1995. NEI also stated that the Fairness Act. that are used to detennine the to CFR NRC did not provide any information to Part 170 fees assessed by the NRC. The enable an evaluation of the basis for the

1. Background rate for FY 1998 for the reactor program judgment that neither of the two tests Public Law 101-508. the Omnibus is $124 per hour and the rate for the for reexamining the basis for the annual Budget Reconciliation Act of 1990 materials program is $121 per hour. fees (e.g., a substantial change in the (OBRA-90), enacted November 5,1990 3. Adjust downward the current NRC's budget or in the magnitude of a required that the NRC recover licensing and inspection fees in specific budget allocation to a class of approximately 100 percent ofits budget 55170.21 and 170.3i for applicants and licensees) had been met.

authority, less the amount appropriated licensees to reflect the changes in the Response. The NRC believes that it from the Department of Energy (DOEl revised hourly rates. has provided sufficient information to administered NWF. for FYs 1991 4. Revise 5170.12(g) to include full ellow public evaluation and comment through 1995 by assessing fees. OBRA- cost recovery for resident inspectors and on the proposed fees. The proposed fee 90 was amended in 1993 to extend the to recover costs incurred up to rate contained specific explanations for

Federal Register /Vol. 63, No.111/ Wednesday, June 10.1998 / Rules and Regulations 31841 the changes to the annual fees,

• '1 '

including tables showing the calcr tat;on received supporting the methodology, the NRC adopted the change, and the operations and permanent removal of of the percentage change to the r al fuel from the Zion 1 and 2 reactor W fees. In addition, as stated in the revised method was used to determine vessels. The certifications were filed proposed rule, the workpapers the FY 1996 and FY 1997 annual fees. later in the fiscal year than anticipated i supporting the proposed fee rule The revised methou was not challenged when the proposed rule was developeI by commenters when it produced a resulting in the equivalent of 2.3 fewer '

changes are available for public reduction of about 6 percent in FY 1996, power reactors paying annual fees in FY examination in the NRC Public and at the time NE19ttated that it was 1998 than in FY 1997. The result is that Document Room at 2120 L Street. NW " pleased that the annual fees for (Lower Levell, Washington, DC 20555. the find FY 1998 annual fees have Moreover, a detailed explanation of licensees are being lowered by slightly decreased by abrut 01 percent NRC's budget is set forth in NUREG- over 6%" (letter to John C. Hoyle, Secretary of the Commission, from compared to the F"1D97 actual (prior 1100, Volume 13, Budget Etimates to rounding) amm:J foes.

William H. Rasin NEl, dated February 2. Comment. FI L stated that the Fiscal Year 1998 published in February 28,1996). The Commission reaffirmed 1997 and is available to commenters. proposed rule does rtot reflect any the legality of its approach in its denial Finally, NRC staff during the comment Commission consideration of the of an NEI petition seeking specific services driving the cost period responded to telephone requests reconsideration of the final fee rule for for additional explanation of the increase. FPL also questioned why the proposed rule. fiscal year 1997, See, October 1,1997, reactor annual fee was not reduced in Contrar letter from John C. Hoyle, Secretary of light of the premature shutdown of four inference y to the commenters' the Commission, to Robert W. Bishop, nuclear units in FY 1997. Another OBRA-90 does not require Vice President and General Counsel, NRC to rebaseline annual fees every Nuclear Energy Institute. commenter, Tennessee Valley Authority year. The statute states that "(tlo the (TVA), stated that, with the snift from With regard to the question of operating reactor oversight to maximum extent practicable, the charges shall have a reasonable whether the criteria established by NRC decommissioning activities, strong relationship to the cost of providing for rebaselining have been met, the NRC action to reduce overhead and central specifically stated in the proposed rule staff appears appropriate. TVA also regulatory services and may be based on that there has not been a substantial the allocation of the Commission's stated that the to percent fewer power change in the NRC budget or the licensees with much better average resources among licensees or classes of magnitude of a specific budget performance than in the past should licensees."The Conference Report on allocation to a class oflicensees. The FY yield reductions in total NRC fees.

the statute makes clear that the Congress 1998 budgeted amount to be recovered Response. Although the proposed recognized that the allocation of fees through NRC's fees is 57.5 million less would diverge from the allocation of reactor annual fee increased slightly, by than in FY 1997. This is clearly not a 0.1 percent, from FY 1997, the total resources in the budget. The conferees substantial change. Similarly, as budget to be recovered through fees further "recognin[dl that there are reflected in the NRC's annual budgets, decreased by $7.5 million from FY 1997.

expenses that cannot be attributed either there have not been major changes in in fact, the proposed rule reflected a to an individual licensee or a class of the allocation of budgeted resources to licensees."(House Conference Report decrease in the total annual fees for the specific classes of licensees. power reactor class oflicensees of 101-954, p. 962.) This language affords This final rule adopts the the Commission some flexibility in methodology to streamline and stabilize FY approximately $7.4 million compared to shaping its annual fee schedules. 1997. Tha slight increase in tne FY 1998 annual fees by adjusting these proposed annual fee to be assessed to In promulgating the FY 1995 fee rule, fees by the percentage change in NRC's the NRC solicited comments on a each reactorlicensee was not the result total budget authority. The FY 1997 fees of increased costs or a lack of proposal to establish the annual fees for have been used as base annual fees. and consideration of the specific s FY 1996 through FY 1998, and FY 1999 these fees have been adjusted for FY Rather, the proposed change was if OBRA-90 is extended, based on the percentage decrease or increase in the 1998 based on the percentage change in primarily the result of the equivalent of NRC's budget authority, taking into 2.5 fewerseactors paying the annual fee NRC's total budget, unless there was a consideration the total number of compared to FY 1997. Aaexplained in substantial change in that total budget licensees paying fees and estimated response to the above comment, this or in the magnitude of a specific budget collections from 10 CFR Part 170 fees. final ruletellects the equivalent of 2.3 allocation to a class of licensees. The The amounts of the annual fees for some fewer reactors paying the FY 1998 fees, NRCindicated that the annual fees of the classes oflicenseeshave would also be adjusted to compensate and as a result the final FY 1998 annual decreased since the publication of the fees decreased by 0.1 percent compared for changes in Part 170 fee collections proposed rule. The proposed FY 1998 and the number oflicensees paying to the FY 1997 exact (prior to rounding) annual fees were developed using an annual fees.

annual fees. The NRC concluded that estimated number of days for proration this approach is " practicable" and fully of the FY 1998 annual fees for Zion 0['"[## b* ## "#

consistent with its statutory snandate. Stations Units 1 and 2. As a result of h ensees Most commenters in FY 1995 agreed this estimation, the FY 1998 proposed J Comment. NEl, FPL, and 'ITA that this method represented a annual fees were based on the continued to urge NRC to take action to simplification and streamlining of the equivalent of 2.5 fewer power reactors fee-setting procedures and was eliminate fees for services that do not paying annual fees ir. FY 1998 than in benefit the licensoes paying the annual necessary to eliminate the large FY 1997, and the proposed FY 1998 fluctuations in annual fees that had fees. FPL and NEI concluded that annual fees increased by 0.1 percent recovering the costs of these activities occurred in the past and to provide for compared to the actual (prior to greater predictability of fees. At that from reactor licensees violates the rounding) FY 1997 annual fees. The time, neither NEI nor any reactor provision of OBRA-90 that the charges fm' al FY 1998 annual fees have been shall have a reasonable relationship to licensee ebberd to the proposed developed based on the certification method. Based on the comments the cost of providing regulatory services.

dates for pennanent cessation of FPL argued that assessing these non-

31842 Fedtrzl Rrgister /Vol. 63 No.111/ Wednesday, june 10,1998 / Rules and Regulations reactor costs to reactor licensees exceeds constraints of existing law. paying For example, entire population of NRC for these costs (see 60 FR 14670, the Commissioa succesdully obtained the Congressional delegatien of 14674). This continues to be a sensible authority and is arbitrary and appropriation legislation that removed approach. O capricious, and therefore violates the from the fee base certain costs incurred as a result of regulatory reviews and C Pan 170 Fees Equal Protection requirements of the other assistance provided to the Due Process Clause of the Fifth 2. Comment. NE! and FPL indicated Amendment to the United States Department of Energy and other Federal that NRC should increase the percentage Constitution. NEI suggested that the agencies. In addition. when authorized of costs recovered through Part 170 fees.

NRC could conclude that recovering 88 by law, the NRC has made a concerted FPL claimed that there is no exemption percent of its budget authority by effort to obtain reimbursements for authority from the provision that "any eliminating these costs from fee services provided to other Federal Person who receives a service or thing recovery is consistent with the agencies. The NRC has not submitted of value from the Commission shall pay ,

requirement of OBRA-90 to recover proposed legislation that would take out fees to cover the Commission's costs m "approximately" 100 percent of its of the fee base the costs of services that Providing any such service or thing of budget authority from fees, or NRC do not provide direct benefits to value." NEl stated that ".... 79 percent of could seek legislation to resolve the licensees because the Office of . the fees proposed to be collected from issue, as it has committed to do in the Management ar.d Budget has advised NRC licensees are for non-discrete that such legislation would be services. This approach makes it too past.

Response. As NRC has stated on many inconsistent with the President's easy to shift personnel from providing occasions, it shares commenters' budget. The NRC notes that the Senate discrete services to working on generic concerns that licensees are paying for Committee (,n Environment and Public issues, thereby increasing overbead activities that do not directly benefit Works recently ordered to be reported costs as actual services provided to the n. However, the NRC disagrees with legislation which would exclude up to individual licensees decline, rather than the assertion that recovering these costs $30 million each year from the NRC's make the hard decisions of what from licencees violates statutory fee base, " FPL The NRC disagrees that eliminating activities are really necessary,dequately requirements. In fact, the Congressional these costs from fee recovery, thereby concluded that NRC has not a guidelines provided in the Conference allocated costs to the beneficiaries of the recovering 88 percent of the budget, services. NEl and TVA supported NRC's Report to the 100 percent fee recovery would meet the OBRA-90 requirement legislation specifically provide for the proposed full cost provision for resident that NRC recover approximately 100 assessment of fees to licensees to inspectors; however TVA indicated that recover agency costs that may not percent ofits budget authority through time for resident inspectors assigned to provide direct benefits to them. The fees. As the NRC stated in the statement conferees recognized that " Congress of considerations accompanying the FY specialinspections at other plants should be charged to those specific must indicate clearly its intention to 1991 final rule (56 FR 31474), it inspections.TVA supported the reduced delegate to the Executive the interprets the words "approximately hourly rate and NRC's proposed long-discretionary authority to recover 100 percent" as meaning that the term policy to progress bill for all administrative costs not inuring directly Commission should promulgate a rule inspections.

to the benefit of regulated parties" and that identifies and allocates as close to Response.The NRC previously that Congress must provide guidelines 100 percent ofits budget authority to responded to commenters* claim that for making these assessments. The the various classes of NRC licensees as there is no exemption authority from the conferees recognized that certain is practical. The Commission that, based on the Conference Report concluded Provision that those receiving a service expenses cannot be attributed either to shall pay fees to cover the Commission's guidelines,it was Congress' intent that an individual or to classes of NRC the Commission allocate 100 percent of costs of providing the service (62 FR 29195). As the NRC pointed out in that licensees. The conferees intended that the NRC fairly and equitably recover its budget authority for fee assessment, response, the NRC is barred by law from these expenses from its licensees and that the term "approximately charging most Federal agencies to CFR through the annual charge even though 100%" refers only to the inherent Part 170 fees, and exemptions from fees uncertainties in estimating and these expenses cannot be attributed to granted by the NRC are well founded in collecting the fees. Furthermore, in law and are granted only after full and individuallicensees or classes of NRC's annual appropriations acts, the licensees.These expenses may be public consideration of the relevant Congress presumes that the NRC fee recovered from the licensees as the policy questions.

Commission, in its discretion, collections will approximate 100 The proposed mie included several determines can fairly, equitably, and percent, not 88 percent, of its budget actions that would lead to increased practicably contribute to their payment. authority. See, e.g., Title IV of the cost recovery under Part 170 for services (136 Cong. Rec. at H12692-3.) Based on Energy and Water Development Provided to identifiable beneficiaries. I these explicit guidelines, the NRC Appropriations Act,1998 P.L 105-62. The NRC is adopting the proposed The Conference Report guidance also concludes that the assessment of fees to change to recover full cost for resident provides that the costs be " recovered recover these costs from licensees is inspectors under 10 CFR Part 170; neither arbitrary nor capricious, and from such licensees as the Commission however, as a result of the comments In its discretion determines can fairly, does not violate any statute. received the NRC has clarified in to Nevertheless, the NRC continues to equitably and practicably contribute to their payment." The FY 1995 fee rule, CFR 170.12(g) that time spent by a l take action to minimize the impacts of which established the baselines used in resident inspector in support of recovering the costs of these activities activities at other sites will not be billed from licensees, Although legislation subsequent annual fee rules, including recommended in NRC's February 23. the current one, allocated the cost of the to the site to which the resident activities that raised fairness and equity inspector is asdgned.The NRC is also 1994, Report to Congress to address adopting the proposed change to recover these concerns has not been enacted, the concerns to all licensees based on the costs incurred within 30 days after thr NRC has taken several steps to mitigate budgeted dollars for each class of licensee This a!!ocation results in the inspection report is issued, and the the perce!M inequities within the

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

proc: dural ch:ngs to assess Part 170 must pay a full annual fee for each of estimated amount to be recovered in 10 fees for licznsing and inspection its enrichment facilities and that its CFR Part 170 fees, the number of s activiti:s performrd during ftcilities have been placed in the lic:nsees paying annual fees in FY 1998

'. compensated overtime. Because this appropriate fee category. Insofar as

?a W

W final rule will not be effective before the USEC's comment letter requested a fourth quarter of FY 1998, the increased reconsideration of NRC's March 23 has decreased compared to FY 1997. For example, Commonwealth Edison notified the NRC that the Zion Station Pan 170 collections for these activities 1998, denial of its annual feo exemption Units 1 and 2 ceased operations on do not affect the FY 1998 fee request, the NRC will respond to that February 13,1998. On March 11,1998, calculations, but will be reflected in the request separately. the NRC docketed Commonwealth FY 1999 fee rule. As indicated in the Edison's certification that all fuel has III. Finag Action PmPosed rule, the NRC will progress been removed from the Zion Station bill for inspections under certain The NRC is amending its licensing, Units 1 and 2 reactor vessels. In circumstances. Based on the comments inspection, and annual fees to recover addition, both the Haddam Neck Plant received, the necessary changes to 10 approximately 100 percent of its FY and the Maine Yankee Plant ceased CFR 170 will be made in future 1998 budget authority, including the operations during FY 1997 and therefore rulemaking once the system is available budget authority for its Office of the are not subject to the FY 1998 annual to accommodate progress billing for all Inspector General,less the ins ons.

fees. This is equivalent to a reduction of appropriations received from the NWF 2.3 power reactors subject to the FY e NRC has established in this FY and the General Fund. For FY 1998, the 1998 annual fees compared to FY 1997.

1998 final rule a professional hourly NRC's budget authority is $472.8 The Big Rock Point Plant, a small, older rate of $124 for the reactor program and million, of which 515.0 million has reactor historically granted a partial 5121 per hour for the materials program. been appropriated from the NWF. In exemption from the annual fee, also These revised rates, which are a addition, $3.0 million has been reduction from the FY 1997 rates, will ceased operations in FY 1997 and is no be used to determine the to CFR Part appropriated from the General Fund for longer subject to annual fees.

activities related to commercial 170 fees. The proposed FY 1998 annual fees vitri6 cation of waste stored at the The NRC has already taken steps to Department of Energy Hanford, were developed using an estimated evaluate other areas for potential cost number of days for proration of the FY recovery under Part 170, with the ilot Washington, program for the site andregu external for the $ation of 1998 annual fees for Zion Station Units intention ofincluding the recommended the Department of Energy. The FY 1998 1 and 2. As a result of this estimation, activities in the FY 1999 proposed fee appropriation language states that the the FY 1998 proposed annual fees were rule for public comment.

33.0 million appropriated for regulatory based on the equivalent of 2.5 fewer reviews and other activities pertaining Power reactors paying annual fees in FY D. Annualfeesfor Certificates of Compliance 1ssued to the United States to waste stored at the Hanford, 1998 than in FY 1997, and the proposed Enrichtnent Corpomtion Washington, site and activities FY 1998 annual fees increased by 0.1 associated with the pilot program for Percent compared to the actual (prior to

1. Comment. The United States Enrichment Co ration (USEC) external regulation of the Department of rounding) FY 1997 annual fees. The Energy shall be excluded from license final FY 1998 annual fees have been requested that a ngle annua! fee be fee revenues notwithstanding 42 U.S.C. developed based on the Zion 1 and 2 assessed for the two Gaseous Diffusion Plants (GFDs) operated by USEC and 2214. Therefore, NRC is required to certifications of pennanent cessation of that the fee be reduced to a value collect approximately $454.8 million in Operations and permanent removal of i fuel from the reactor vessels, which commensurate with the proposed fee for FY 1998 through to CFR Part 170 the low-enriched uranium fuel licensing and inspection fees and to were filed later in the fiscal year than fabrication facilities. USEC submitted CFR Part 171 annual fees. anticipated when the proposed rule was detailed information to support its The total amount to be recovered in developed, resulting in the equivalent of request. USEC stated that its comments fees for FY 1998 is $7.5 million less 2.3 fewer power reactors paying annual not only address its belief that the than the amount estimated for recovery fees in FY 1998 than in FY 1997. As a roposed rule is not fair and equitable, for FY 1997. The NRC estimates that result, the Gnal FY 1998 annus] fees but also serve as a request for approximately $94.6 million will be decreased by about 0.1 percent reconsideration of the NRC's March 23, recovered in FY 1998 from fees assessed compared to the FY 1997 actual (prior 1998, denial of USEC's request for an under 10 CFR Part 170 and other to rounding) annual fees.

exemption from the annual fees. receipts, compared to 595.2 million in Because this is a slight decrease, the Response. NRC rejected similar FY 1997. The remaining $360.2 million final (rounded) FY 1998 annual fees for arguments from USEC in the FY 1997 will be recovered in FY 1998 through many fee categories are the same as the final rule (62 FR 29197), and in its the 10 CFR Part 171 annual fees, final (rounded) FY 1997 annual fees.

March 23,1998, denial of USEC's compared to 5367.1 for FY 1997. The change to the annual fees is annual fee exemption request. The NRC In addition to the decrease in the described in more detail in Section B.

continues to believe for the reasons amount to be recovered through annual The followin examples illustrate the stated in these documents that the USEC fees and the slight reduction in the changes in annual fees:

FY 1997 an. FY 1998 an-nual fee nual fee Class of Ucensees:

Power Reactors .. $2.978.000 $2.976.000 Nonpower Reactors 57,300 57,300 Hugh Ennched Uranium Fuel Facihty . 2.606.000 2,604,000 Low Ennched Uranium Fuel Facihty . 1,279.000 1.278.003 UF. Conversion Faohty 648.000 648.000 L__________.___

I 31844 Fcdird R:gistIr/Vol. 63, No.111/ Wednesday, June 10,1998/ Rules and Regulations ,

i I

FY 1997 an- FY 1998 an.

nual fee nual fee f

Uranium Mills 61,800 61.7009 l; Typical Matenals Licenses: 14,100 14,000 Radiograpners . 8.200 8.200 Wen Loggers 1,700 1.700 Gauge Users 23.500 i

23.500 i Broad Scope Medical Because the final FY 1998 fee rule fuel storage installations, or ISFSIs) of approximately 30 days after the will be a " major" final action as defined spent fuel. The Commission has inspection report is issued, such as by the Small Business Regulatory previously determined that both storage follow up on the inspection findings.

Enforcement Faimess Act of 1996, the options are considered safe and These activities are identifiable services acceptable forms of storage for spent for specific licensees. This change will NRC's fees for FY 1998 will become effective 60 days after publication of the fuel. Under current fee regulations, Part result in recovery through Part 170 fees final rule in tSe Federal Register. The 50 licensees whose facilities are being of approximately 80 percent of the decommissioned and who store spent accumulated costs expended after the NRC will send an invoice for the an ount of the annual fee upon fuel in a spent fuel pool are not assessed inspection report is sent, and will an annual fee, but licensees who store continue to provide applicants and mdication of the FY 1998 final rule to licensees with a definitive point at reac. ors and major fuel cycle facilities. spent fuelin an ISFSI under Part 72 are For these licensees, payment will be due assessed an annual fee. The NRC will which billing will cease.

Second, the NRC is revising on the effective date of the FY 1998 rule. review this policy as part of the overall S 170.12(h) to include credit cards as an Those materials licensees whose license study of the issues related to annual fees additional method of payment, and to anniversary date during FY 1998 falls for licensees of facilities being before the effective date of the final FY decommissioned, p ovide additionalinformation on 1998 final rule will be billed during the The NRC is amending 10 CFR Parts electronic payments. Credit card anniversary month of the license and 170 and 171 as discussed in Sections A. Payments will be accepted up to the limit established by the credit card continue to pay annual fees at the FY and B. below bank. Electronic payments may be made 1997 rate in FY 1998. Those materials A. Amendments to 10 CFR Port 170:

licensees whose license anniversary by Fedwire (a funds transfer system Fees foqoches, Moterials. Import and operated by the Federal Reserve System) date falls on or after the effective date Export I; censes, and Other Regulotory or by Automated Clearing House (ACH).

of the FY 1998 final rule will be h!!!ed S'"iC88 ACH is a nationwide processing and at the FY 1998 revised rates during the anniversary month of the license and Four amendments have been made to delivery facility that provides for the payment will be due on the date of the 10 CFR Part 170. These amendments do distribution and settlement of electronic not change the underlying basis for the financial transactions. Electronic invoice.

As announced in the proposed rule, regulation-that fees be assessed to payment will not only expedite the the NRC will no longer mail the final applicants, persons, and licensees for payment process, but will elso save rule to alllicensees. In addition to specific identifiable sowices rendered. hpplicants and licensees considerable publication in the Federal Register, the The amendmena aise comply with the time end money over a paper-based

• Tmal rule is available on the Interet at guidance in the Conference Committee payment system.

http://ruleforum.llnl. gov /. Report on OBRA-90 that fees assessed Third, the two professional hourly Copies of the final rule will be mailed under the Independent Offices rates established in FY 1997 in 6170.20 upon request.To obtain a copy of the Appropriation Act (IOAA) recover the are revised based on the FY 1998 final rule, contact the License Fee and full cost to the NRC ofidentifiable budget. These rates are based on the FY Accounts Recelvable Branch, Division regulatory services that each applicant 1998 direct I:TEs and the FY 1998 of Accounting and Finance, Office of the or licensee receives, budget excluding direct program Chief Financial Officer, at 301-415- First, the NRC is amending S 170.12/g) support (contractual services costs) and 7554. As a matter of courtesy, the NRC to include the following for cost the appropriation from the NWF or the General Fund. These rates are used to plans the to continue proposed in future years rule to alllicensees. to send (1) Fulrecovery:l-cost recovery fordetermineresidentthe Part 170 fees. The NRC The NRC also announced in the inspectors. has established a rate of $124 per hour proposed rule that it plans to ieexamine Because the assignment of resident (5219,901 per direct FTE) for the reactor its current policy of exempting from inspectors to a site is an identifiable program. This rate is applicable to all annual fees those licensees whose service to a specific licensee, the NRC activities for which fees are based on facilities are being decommissioned, or will bill the specific licensee for all of full cost under S 170.21 of the fee who have possession only licenses. The the resident inspectors

• time, excluding regulations. A second rate of $121 per proposed rule stated that this review leave and time spent by a resident hour ($214.185 per direct FTE)is would also reexamine NRC's annual fee inspector in support of activities at established for the nuclear materials and policy for reactors' storage of spent fuel. another site. This change is applicable nuclear waste program. This rate is Any changes to the current fee policies to all classes of licensees having applicable to all materials activities for resulting from these reexaminations will resident inspectors. which fees are based on full cost under be included in the FY 1999 fee (2) Costs expended within $ 170.31 of the fee regulations. In the FY rulemaking. One purpose of the study is approximately 30 days after the 1997 final fee rule, these rates were to assure consistent fee treatment for issuance of an inspection report. $131 and $125, respectively. The both wet storage (i.e., spent fuel pool) Part 170 fees will be assessed for decrease in the hourly rates is primarily and dry storage (i.e., independent spent activities that occur within due to a change in application of the

Fcd2rst Regist:r/Vol. 63, No.111/ Wednesday, }une 10,1998 / Rules and Regulations 31845 types of costs included in the hourly specified interval. Once that system is used in FY 1996. Because the amount to ratzs. Previously, the hourly rates were available. the NRC intends to progress be recovered through fees for FY 1997 determined based on the premise that bill for all inspections. The staff sought was identical to the amount to be surcharge costs should be shared by early comment on the long-term policy recovered in FY 1996. establishing new those paying Part 170 fees for services in the FY 1998 proposed rule, and baseline fees was not warranted for FY as well as those paying Part 171 annual received one comment supporting the 1997. Based on a change in the fees. The revised hourly rates have been change. The necessary revision to 10 distribution between Parts 170 and 171 determined based on the principle that CFR 170 will be made in future fees, a reduction in the amount of the the surcharge costs are more rulemaking when the system is available budget recovend from 10 CFR Part 170 appropriately inchtded only in the Part to accomplish this. fees, a reduction in other offsetting I """"'I I' adjustments, and .a reduction in the in addition'S' ection Chiefs are A" B. Amendments to 20 CFR Part 172:

inc u f7 f,7 p os ove head in the calculation 7j,,"nses, and fuel Cycle Lice s gp number of hcensees aying annual fees and the FY 1997 annual ees for all licensees peciGcS t on $ef Yfo exeYded Materials Licenses, including Holders of ased t d to the for reviews and inspections wi l not be C'#f.ificates of Compliance, 99 4Q[ tom Registrations, and Quality Assurance beginning in FY 1997, the NRC made an billed to the applicant or licensee.

Previously, the Section Chiefs' time for Pmgmm Approvals and Government adjustment to recognize that all fees Agencies Licensed by NRC billed in a fiscal year are not collected specific licensing and inspection g, activities were dinctly billed under Part Four amendments have been made to 170 to the applicant or licensee. %is 10 CFR Part 171. As indicated in the FY 1995 final rule change is consistent with the current First, the NRC is amendin $ 171.13 t because there has not been a substantial' budget structure which includes Section delete specific fiscal year re erences. change in the NRC budget or in the Chiefs as overhead. Second, the NRC is amending magnitude of a specific budget Fourth, the NRC has adjusted the $$ 171.15 and 171.16 to revise the allocation to a class of licensees, the current Part 170 licensing fees in annual fees for FY 1998 to recover NRC followed the same method used for

$$ 170.21 and 170.31 to reflect the approximately 100 percent of the FY FY 1996 and FY 1997 to establish the revisBd hourly rates. 1998 budget authority, less fees FY 1996 annual fees.

In addition, although not a specific collected under 10 CFR Part 170 and ne FY 1998 amount to be recovered change to Part 170, the NRC will assess funds appropriated from the NWF and through fees is approximately $454.8 Part 170 fees for compensated overtime the General Fund. In the FY 1995 final million, which is $7.5 million less than hours expended for activities covered by rule, the NRC stated that it would in FY 1997.The estimated amount to be Part 170, such as reviews of stabilize annual fees es follows. recovered in 10 CFR Part 170 fees is applications, inspections, Pait 55 Beginning in FY 19%, the NRC would $94.6 million, compared to $95.2 exams, and special projects. The adjust the annual fees only by the million for FY 1997. In addition, there compensated overtime hours will be percentage change (plus or minus)in are the equivalent of 2.3 fewer power billed at the normal hourly rate. NRC's tatal budget authority unless reactors subject to annual fees in FY The NRC will also bill for there was a substantial change in the 1998. There is also a reduction of accumulated inspection costs prior to total NRC budget authority or the approximately 200 transportation luuance of the inspection report under magnitude of the budget allocated to a quality assurance approvals as a result certain circumstances. NRC plans to specific class oflicensees. If either case of the rulemaking in 1997 that progress bill for inspections in selejed occurred, the annual fee base would be cornbined these approvals with the Part cases where it is determined that such recalculated as discussed in the FY 1995 34 radiography licenses.

billing would be in the best interest of final rule (60 FR 32225; June 20,1995). The NRC is establishing the FY 1998 the agency and the licensee. Ifit is In the FY 1995 rule, the NRC also annual fees for all licensees at about 0.1 de' ermined that the accumulated costs indicated that the percentage change percent below the FY 1997 actual (prior warrant an exception to the billing weuld be adjusted based on changes in to rounding) annual fees. Based on the method currently provided in 10 CFR 10 CFR Part 170 fees and other small change, the rounded FY 1998 170.12(g), NRC will coordinate with the adjustments as well as on the number of annual fee for many fee categories is the licensee to establish a mutually licensees paying the fees. same as the final (rounded) FY 1997 agmeable billing schedule and will issue In the FY 1996 final rule, the NRC annual fee. Therefore, for many an invoice for inspection costs that have stabilized the armual fees by licensees, the annual fee for FY 1998 is accumulated. establishing the annual fees for all the same as the FY 1997 annual fee.

The NRC is developing a system that licensees at a level of 6.5 percent below Table I shows the total budget and will accommodate routine billing for the FY 1995 annual fees. For FY 1997, amounts of fees for FY 1997 and FY accumulated inspection costs at a the NRC followed the same method as 1998.

TAELE l.--CALCUt.ATION OF THE PERCENTAGE CHANGE TO THE FY 1997 ANNUAL FEES (Dollars in mmons]

FY 1997 FY 1998 Totat Budget $476.8 $472.8 Less NWF - . . . . ..

- 11.0 - 15.0 Less General Fund (Hanford Tanks, Pdot for ReQutation ot DOE). _- - 3.5 - 3.0 Total Fee Base 462.3 454.8 l Less Part 170 Fees Less other recepts

'952

- 94.6 l

31846 Feder:I Register /Vol. 63, No.111/ Wednesday, June 10,1998/ Rules and Regulations )

1 TABLE l.-CALCULATION OF THE PERCENTAGE CHANGE TO THE FY 1997 ANNUAL FEES-Continued ,

{ Dollars in m:lhons}  %

FY 199h FY 1998 Part 171 Foe Collections Required . 367.1 360.2 Part 171 Billing Adjustment. '

Small Entity Allowance . _.. . . - . . 50 58 Unpaid current FY inaces .

3.0 39 Payments from pnor year invoices . . - 2.0 - 3.2 Subtotal . - 60 6.5 Total Part 171 Billing . 373.1 366.7

'These adjustments are necessary to ensure that the " billed" amount results in tne requwed collectens. Positrve amounts indicate amounts billed that will not be collected in FY 1998.

Third, Footnote 1 of 10 CFR 171.16(d) system operated by the Federal Reserve are to Title 10, Chapter I, U.S. Code of is amended to provide for a waiver of System) or by Automated Clearing Federal Regulations.

annual fees for FY 1998 for those House (ACH). ACH is a nationwide Pan 2 materials licensees, and holders of processing and delivery facility that certificates, registrations, and approvals, provides for the distribution and Sectior. 2.205 Civil Penalties who either filed for termination of their settlement of electronic financial . Para sph 2.205(I)is amended to licenses or approvals or filed for transactions. Electronic payments will provid additional methods of payment, possession only/ storage licenses before not only expedite the payment process, such as Automated Clearing House and October 1,1997, and permanently but will also save a licants and credit cards, and to clarify that ceased hcensed activities entirely by licensees considera e time and money payments are to be made in U.S. funds September 30,1997. All other licenwes over a a er-based payment system. to the U.S' Nuclear Regulatory and approval holders who held a license The ' C will send an invoice to reacters and major fuel cycle facilities Commission.

or approval on Oc.tober 1,1997, are subject to FY 1998 annual fees. This for the amount of the annual fee after Part !40 change is being made in recognition of Publication of the FY 1998 final rule.

the fact that since the final FY 1997 tule For these licensees, payment will be due Section 140.7 Fees was published in May 1997, some on the effective date of FY 1998 rule. Paragraphs (a)(5) and (c) are amended licensees have filed requests for Those materials licensees whose license to delete references to payment termination of their licenses or anniversary date during the FY 1998 instructions. A new paragraph (d)is certificates with the NRC. Other falls before the effective date of the final added to provide payment instructions, licensees have either telephoned or FY 1998 rule will be billed during the including clarification that payments written to the NRC since the FY 1997 anniversary month of the license and are to b6 made in U.S. funds to the U.S.

final rule became effective requesting conunue to pay annual fees at the FY Nuclear Regulatory Commission and to further clarification and information 1997 rate in FY 1998. Those materials provide additional methods of concerning the annual fees assessed. licensees whose license anniversary payments, such as Automated Clearing The NRC is responding to these requests date falls on or after the effective date House and credit cc.rds.

as quickly as asible. However, the of the final FY 1998 rule will be billed, at the FY 1993 revised rates, during the Port 1/0 NRC was una to respond and take action on all requests before the end of anniversary month of the license and Section 170.12 Payment of Fees FY 1997 on September 30,1997. Similar f ayment will be due on the date of the Paragraph (g)is amtnded to indicate e nal changes to 10 CFR Part 171 that costs incurred within 9r es we Publsh .an ir those are consistent with the NEC's FY 1995 approximately 30 days after an cases, the NRC provided en exemption inspection report is issued will be billed from the req irement that the snual fee final rule indicating that, for the period to the specific licensee, and that for is waive o y w en a license is FY 1996-1999, the expectation is that annual fees would be adjusted by the each site having a resident inspector (s),

t noted before Octobar i nieach percentage change (plus or minus) to the the licensee will be billed for all of the I'

NRC's budget authority adjusted for resident inspectors' time, excluding Fourth, $ 171.19 is amended to update NRC offsetting receipts and the numbu leave and time spent by a resident fiscal year references and to credit the oflicensees paying annual fees. inspector in support of activities at partial payments made by certain In addition to the amendments to 10 another site.

Licensees in FY 1998 either toward their CFR Parts 170 and 171, the NRC is Paragraph (h)is revised to provide total annual fee to be assessed or to amending to CFR Parts 2 and 140 to additional methods of payment for fees make refunds,if necesa' ry. Section include the additional methods of assessed under 10 CFR Part 170 and to 171.19(a)is also amended to provide payments provided in 10 CFR Parts 170 clarify that payment should be made in credit cards as an additional method of and 171. U.S. funds.

payment, and to provide additional information on electronic payments. IV,Section-by Section Analysis Section 170.20 Average Cost per Credit card payments will be accepted The following analysis of those Professional Staff Hour up to the limit established by the credit sections that will be amended by this This section is amended to establish card bank. Electronic payments may be final rule provides additional two professional staff hour rates based made by Fedwire (a hmds transfer explanatory information. All references on FY 1998 budgeted costs-one for the

--. - _ =

l Fcdnd Regist:r/Vol 63, No.111/ Wednesday, June 10,1998/ Rules and Regulations 31847 !

re:ctor program and one for the nuclear NRC has continued the use of cost material and nuclear waste program. calculation of the hourly rate because I center cencepts established in FY 1995 g Accordingly, the NRC reactor direct the costs for direct contract support are in allocating certain costs to the reactor charged directly through the various staff hourrate for FY 1998 for all j

- and materials pro 6 rams in order to more categories of fees.

activities whose fees are based on full closely align budgeted costs with 3. All other direct program costs (i.e.,

cost under $ 170.211s 5124 per hour, or specific classes of licensees. The

$219,901 per direct ITE. The NRC Salaries and Benefits, Travel) represent method used to determine the two "in house" costs and are to be allocated nuclear material and nuclear waste professional hourly rates is as follows:

direct staff-hour rate for all materials by dividing them uniformly by the total

1. Direct program FTE levels are activities whose fees are based on full number of direct FTEs for the program.

identified for both the reactor program in addition, salaries and benefits plus cost under $ 170.31 is 5121 per hour, or and the nuclear material and waste coctracts for general and administrative

$214,185 per direct FTE. The rates are program.

based on the FY 1998 direct FTEs and support are allocated to each program

2. Direct contract support, which is based on that program's salaries and i

NRC budgeted costs that are not i the use of contract or other services in benefits. This method results in the I mcovered through the appropriation support of the line organization's direct following costs which are included in '

from the NWF or the General Fund. The program,is excluded from the the hourly rates.

TABLE ll.-FY 1998 BUDGET AUTHORITY TO BE INCLUDED IN HOURLY RATES

[ Dollars in milhons)

)

Reactor l Matenals program ' program Direct Program Salaries & Benefits - __ _

$103.9 $20.5 Overhead Salanes & Benefits, Program Travel and Other Support Allocated Agency Management and Support . 55.3 14.8

. 101.7 22.0 Subtotal -

Less offsetting receipts

.. 260.9 57.3 Total Budget included in Hourty Rate Program Direct FTEs - 260.9 57.3 Rate per Direct FTE - 1,186.4 267.3 219.901 214,185 Professional Hourty Rate (Rate per direct FTE divided by 1,776 hours0.00898 days <br />0.216 hours <br />0.00128 weeks <br />2.95268e-4 months <br />) . .. 124 121 Dividing the $260.9 million (rounded) as well as those paying Part 171 annual Section 170.31 Schedule of Fees for budget for the reactor program by the fees. The FY 1998 hourly rates have '

reactor program direct ITEs (1,186.4) Materials Licenses and Other Regulatory results in a rate for the reactor program been determined based on the principle Services, including Inspections and that the surcharge costs are more import and Export Licenses of $219,901 per ITE for FY 1998.

appropriately included only in the Part Dividing the 557.3 million (rounded) 171 annual fee. The 1. censing and inspection fees in budget for the nuclear materials and this section, which are based on full-nuclear waste program by the program Section 170.21 Schedule of Fees for cost recavery, are modified to recover direct ITEs (267.3) results in a rate of Production and Utilization Facilities, the FY 1798 costs incurred by the NRC 3214,185 per FTE for FY 1998. The Review of Standard Reference Design in provid;ng licensing and inspection direct FTE bourly rate for the reactor Approvals. Special Projects Inspections services to klentifiable recipients. The program is $124 per hour (rounded to and Import and Export Licenses fees assessed for services provided the nearest whole dollar). This rate is under the schedule are based on both calculated by dividing the cost per The NRC is revising the licensing and inspection fees in this section, which the professional hourly rate as shown in direct FTE ($219,901) by the number of productive hours in one year (1,776 are based on full-cost recovery, to reflect $ 170.20 for the materials program and FY 1998 budgeted costs and to recover any direct program support (contractual hours) as indicated in the revised OMB services) costs expended by the NRC.

Circular A-76, " Performance of costs incurred by the NRC in providing Licensing fees based on the average time Commercial Activities." The direct FTE licensing and inspection services to to myiew an application (" flat" fees) are hourly rate for the materials program is identifiab! i recipients. The fees assessed adjusted to reflect the decrease in the

$121 per hour (rounded to the nearest for services provided under the professional hourly rate from $125 per whole dollar). This rate is calculated by schedule are based on the professional hour in FY 1997 to $121 per hour in FY dividing the cost per diact ITE hourly rate, as shown in $ 170.20, for 1998.

(5214.185) by the number of productive the reactor program and any direct bours in one year (1,776 hours0.00898 days <br />0.216 hours <br />0.00128 weeks <br />2.95268e-4 months <br />). The amounts of the materials program support (contractual services) licensing " flat" fees were rounded so The FY 1998 hourly rates are slightly costs expended by the NRC. Any that the amounts would be de minimis lower than the FY 1997 rates. The Professional hours expended on or sfter and the resuhing flat fee would be decrease in the hourly rates is primarily the effective date of the final rule will convenient to the user, Fees under due to a change in application of the be assessed at the FY 1998 hourly rate $1,000 are rounded to the nearest $10.

types of costs included in the hourly for the reactor program, as shown in Fees that are greater than 51,000 but less rates. Previously, the hourly rates were $ 170.20. The fees in $ 170.21 for the than $100,000 are rounded to the determined based on the premise that review ofimport and export licensing, nearest $100. Fees that are greater than surcharge costs should be shared by facility Category K, are adjusted for FY $100,000 are rounded to the nearest those paying Pa 170 fees for services 1998 to reflect the revised hourly rate. 51,000.

10,1998 / Rules and Regulations 31848 Federtl Register /Vol. 63, No. til/ Wednesday, June MATERIALS LICENSES ANNUAL FEE The licensing " flat" fees are Section 171.16 Ann A bis Materie RANGES-Continued ,

Licensees, Holders of Cer%camt ;f applicable to fee categories 1.C and 1.D; Compliance Holden of Seam! he Annual fees A, 2.B and 2.C; 3.A through 3.P; 4.B category of hcense and Device Registrations. Holders of through 9.D.10.B.15.A through 15E Quality Assurance Program Approvals' Part 72-independent 283,000 and 16. Applications filed on or after and Government Agencies Licensed by Stotage of Spent Nu-the effective date of the final rule will the NRC clear Fuel be subject to the fees in this final rule.

'Exciudes the annual fee for a few mahtary For those licensing. inspection, and Section 171.16(c) covers the fees " master" matenais hcenses of broad-scope assessed for those licensees that can agenoes, whien is review fees that are based on full cost issuedyo G vemment recovery (cost for professional staff qualify as small entities under NRC size '

hours plus any contractual services), the standards. A materials licensee may pay Footnote 1 of to CFR 171.16(d)is materials program hourly rate of $121, a reduced annual fee if the licensee amended to rovide a waiver of the as shown in $ 170.20, applies to Sose qualifies as a small entity under the annual en r matenals &ensees, and

• ~ @

professional staff hours expended on or NRC's size standards and certifies by completing and signing NRC Form 526 fp *"[3 , ,[,r f' d after the effective date of the final rule.

that it is a small entity.The NRC wdl termination of their licenses or Part 171 continue to assess two fees for licensees approvals or filed for possession only/

Section 172.13 gs,ce that qualify as small entities under the storage only licenses before October 1, NRC's size standards. In general, 1997, and permanently ceased licensed The language in this section is revised licensees with gross annual receipts of activities entirely by September 30, to delete specific fiscal year references. $350,000 to 55 million pay a maximum 1997. All other licensees and approval annual fee of $1,800. A second or lower- holders who held a license or approval Section 171.15 Annual Fee: Reactor on October 1,1997, are subject to the FY tier small entity fee of $400 is in place Operating Licenses for small entities with gross annual 1998 annual fees.

Holders of new licenses issued during The annual fees m.this section are receipts ofless than 5350.000 and small FY 1998 are subject to a prorated annual revised as described below, governmental jurisdictions with a fee in accordance with the current Paragraphs (b), (c) (1), (c)(2), (e) and population of less than 20,000. No proration provision of 5171.17. For (f) are revised to comply with the change in the amount of the small entity example, those new materials licenses requirement of OBRA-90 that the NRC fees s being made because the small issued during the period October 1 recover approximately 100 percent of its entity fees are not based on budgeted through March 31 of the fiscal year will budget for FY 1998, costs but are established at a level to be assessed one-half the annual fee m Paragraph (b) is revised in its entirety reducesmall the impact of fees "

entities.The entity fees are on shown small f ,, N te een i ued to establish the FY 1998 annual fee for in the final rule for convenience, on or after April 1,1998, will not be operating power reacters and to change assessed an annual fee for FY 1998.

fiscal year references from FY 1997 to Section 171,16(d)is revised to Thereafler, the full annual fee is due FY 1998.The fees are established by establish the FY 1998 annual fees for and payable each subsequent fiscal year decreasing the FY 1997 annual fees materials licensees, including on the anniversary date of the license.

(prior to rounding) by 0.1 percent. In the Government agencies, licensed by the Beginning June 11,1996,(the effective FY 1995 final rule,the NRC stated it NRC.The annual fees were determined date of the FY 1996 final rule), affected would stabilize annual fees by adjusting by decreasing the FY 1997 annual fees materials licensees are subject to the the annual fees only by the percentage (prior to rounding) by about 0.1 percent. annual fee in effect on the anniversary change (plus or minus)in NRC's total After rounding, many of the FY 1998 date of the license.The anniversary date budget authority and adjustments based annual fees for materials licensees are of the materials license for annual fee on changes in 10 CFR Part 170 fees as the same as the FY 1997 annual fees. purposes is the first day of the month in well as in the number of licensees The amount or range of the FY 1998 which the originallicense was ir, sued.

paying the fees.The activities b h Section 171.19 Payment comprising the base FY 1995 annual fee summarized as follows.

and the FY 1995 additional charge Paragraph (a)is revised to provide additional methods of payment and to (surcharge) are listed in paragraphs (b) MATERIALS l.JCENSES ANNUAL FEE and (c) for convenience purposes. RANGES clarify that payments must be made in U.S. funds.

The FY 1998 annual fee for each Annual fees Paragraph (b) is revised to give credit Cate9ory of heense operating power reactor is $2,976,000. for partial payments made by certain Paragraph (e)is revised to show the Part 70-High annched $2.604,000 licensees in FY 1998 toward their FY 1998 annual fees. The NRC anticipates amount of the FY 1998 annual fee for lu'H8C'4 that the first, secon.i. and third quarterly nonpower (test and researth) reactors. Part 7W enncM 1.278.000 The 1998 annual fee of $57,300 is th9 pa[4N; conversion 648,000 P*##

made by operating power reactor same as the FY 1997 annual fee. The nues and some large mahals NRC will continue to grant exemptions wny.

Part 40-Uraniurn rem - 22.300 to 61,700 licensees before the final rule becomes from the annual fee to Federally-owned ery taciinies. effer* /s.Therefore, the NRC will credit and State-owned research and test 490 to $23,500, ints received for these quarterly readers that meet the exemption criteria Part 30--Byproduct Ma- P tenal 1.icenses. as il fee assessments toward the total specified in 5171.11(a)(2). Part 7t-Transportation t,000 to $78.800 annual fee to be assessed. The NRC will Paragraph (f)is revised to delete of Radioactive Matenat adjust the fourth quarterly ir. voice to specific fd year date references.

1 Fed r:1 Registir/Vol. 63, No.111/ Wednesday, June 10,1998/ Rules and Regulations 31849 recover the full amount of the revised license that authorizes possession and i

annual fee or to mtke refunds, as for cost recovery and fee development use of radioactive material. To remove purposes.

necessary. Payment of the annual fee is any uncertainty, the NRC issued minor The Commission's fee guidelines were due on the date of the invoice and clarifying amendments to 10 CFR upheld on August 24,1979, by the U.S.

Interest accrues from the involts date. 171.16, footnotes 1 and 7 on July 20. Court of Appeals for the Fifth Circuit in However, interest will be waived if 1993 (5e FR 38700). Mississippi Power and ught Co. v. U.S. l payment is received within 30 days Nuclear Regulatory Commission,601 from the invoice date. \,. Environmental Impact: Ca tegorical l Paragraphs (c) and (d) are revised to Exc usion F.2d 223 (5th Cir.1979), ced, denied, '

delete specific fiscal year references. 444 U.S.1102 (1980). The Court -held As m F's 1997, the NRC will continue The NRC has determined that this that-final rule is the tvpe of action described (1) The NRC had the authority to to bill annual fees for most materials in categorical exclusion 10 CFR licenses on the anniversary date of the recover the full cost of providing license (licensees whose annual fees are 51.22(c)(1). Therefore, neither an services to identifiable beneficiaries; environmentalimpact statement nor an (2) The NRC could pro

$100.000 or more will continue to be fee for the costs of proviherly assess assessed arterly). The annual fee environmental impact assessment has ng routine been prepared for the final regulation. inspections necessary to ensure a assessed ill be the fee in effect on the By its very nature, this regulatory action licensee's com liance with the Atomic les o t ose t rial's cen es in the does not affect the envimnment.,and Energy Act an with applicable foi owin fee categories: 1.C. and 1 D. em m, n env r nmental justice agdadow 2.A. (2) t trough 2.C.; 3.A. through 3.1.,5 issues are raised. (3) The NRC could charge for costs 4.A. through 9.D., and 10,B. For annual VI. Paperwork Reduction Act incurred in conducting environmental fee purposes, the anniversary date of the Statement reviews required by NEPA; rst la of he r nbn hYe . .This final rule contains no cos nc nths ed eann d of originafmaterials license was iss :ed, in nnation collection requirements administrative and technical support For example,if the original materials and, therefore, is not subject to the services in the fee schedule; license was issued on June 17 then, for requ rements of the Paperwork (5) The NRC could assess a fee for annual fee purposes, the anniversary Reduction Act of 1995 (44 U.S.C. 3501 renewing a license to operate a low-et seq.). level radioactive waste bun,al site; and date of the materials license is June 1 and the licensee will continue to be ' VII. Regulatory Analysis (6) The NRC's fees were not arbitrary billed in June of each year for the r capncious.

annual fee in effect on June 1. Materials with respect to 10 CFR Part 170, this With respect to 10 CFR Part 171, on licensees with anniversary dates in FY final rule was developed pursuant to November 5,1990, the Congress passed 1998 before the effective date of the FY Title V of the Independent Offices Public Law 101-508, the Omnibus 1998 final rule will be billed during the Appropriation Act of1952 (IOAA)(31 Budget Reconciliation Act of1990 anniversary rnonth of the license and U.S.C. 9701) and the Commissions fee (OBRA-90) that required for FYs 1991 continue to pay annual fees at the FY guidelines. When developing these through 1995, approximately 100 1997 rate in FY 1998. Those materials guidelines the Commission took into percent of the NRC budget authority be licensees with license anniversary dates account guidance provided by the U.S. recovered through the assessment of falling on or after the effective date of Supreme Court on March 4,1974, in its fees. OBRA-90 was amended in 1993 to the FY 1998 final rule will be billed, at decision of National Cable Television extend the 100 percent fee recovery the FY 1998 revised rates, during the Association, Inc. v. United States, 415 requirement for NRC through FY 1998.

anniversary month of their license and U.S. 36 (1974) and Fedeml Power To accomplish this statutory payment will be due on the date of the Commission v. New England Power requirement, the NRC. in accordance invoice. Company,415 U.S. 345 (1974). In these with S 171.13, is publishing the final During the past seven years many decisions, the Court held that the IOAA amount of the FY 1998 annual fees for licensees have indicated that, although authorizes an agency to charge fees for operating reactor licensees, fuel cycle they held a valid NRC license special benefits rendered to identifiable licens6es, materials licensees, and authorizing the possession and use of persons measured by the "value to the holders of Certificates of Compliance, special nuclear, source, or byproduct recipient" of the agency service.The registrations of sealed source and material, they were either not using the meaning of the IOAA was further devices and QA program approvals, and material to conduct operations or had clarified on December 16,1W6, by four Government agencies. OBRA-90 and the disposed of the material and no longer decisions of the U.S. Court of Appeals Conference Committee Report needed the license. In rer.,,onse, the for the District of Columbia: National specifically state that-NRC has consistently stated that annual Cable Televisicn Association v. Federal (1) The annual fees be based on the fees are assessed based on whether a Communications Commission,554 F.2d Commission's FY 1998 budget of 5472.8 licensee holds a valid NRC license that 1094 (D.C. Cir.1976); National million less the amounts collected from authorizes possession and use of Association of Broadcasters v. Federal Part 170 fees and the funds directly radioactive material. Whether or not a Communications Commission,554 F.2d appropriated from the NWF to cover the licensee is actually conducting 1118 (D.C. Cir.1976); Electronic NRC's high level waste program and the operations using the material is a matter Industries Association v. Federal general fund related to commercial of licensee discretion. The NRC cannot Communications Commission,554 F.2d vitrification of waste at the Department control whether a licensee elects to 1109 (D.C. Cir.1976) and Capital Cities of Energy Hanford, Washington, site and possess and use radioactive material Communication. Inc. v. Federal the pilot program pertaining to external once it receives a license from the NRC. Communications Cornmission,554 F.2d regulation of the Department of Energy; Therefore, the NRC reemphasizes that 1135 (D.C. Cir.1976). These decisions of (2) The annual fees shall, to the the annual fee will be assessed based on the Courts enabled the Commission to maximum extent practicable, have a whether a licensee holds a valid NRC develop fee guidelines that are still used reasonable relationship to the cost of

m . - -- - - - - - - - - - - - - - - - - - - - - - -------- -

31850 Federzl Regi:t:r/Vol. 63, NO.111/ Wednesday, June 10,1998/ Rules and Regulations determined that this action is a major et,955, as amended (42 U.S.C 2132,2133,

• regulatory services provided by the 2134,2135,2233,2239). Section 2.105 also Commission: and rule and has verified this deterr.iinatim Pu (3) The annual fees be assessed to with the Office of Information and f,jgy,dj39 , ect 2 2 206 a so those licensees the Commission, in its Regulatory Affairs of the Office of issued under secs.161 b. l. o.182,186,234, discretion, determines can fairly, Management and Budget- 68 Stat. 946-951,955. 83. Stat. 444, as amended (42 U.S.C. 2201 (b). (I), (ol,2236, equitably, and practicably contribute t I.ist of S ts 2282); sec. 206,88 Stat.1246 (42 U.S.C their a ment. 5646). Section 2.205(i) also issued under Pub.

10 Part 171, which established 10 CFR Part 2 L 101-410,104 Stat. 890, as amended by annual fees for opereting power resctors Admm. istrative practice and section 31001(s), Pub. L 104-134,110 Stat.

effective October 20,1986 (51 FR 33224; Procedure, Antitrust, Byproduct 13:1-373 (28 U.S.C 2461 note). Sections September 18,1986), was challenged matenal, Classified information, 2.600-2.606 also issued under sec.102 Pub.

and uPh eld in its entirety in Florida Environmental protection Nuclear L g1 190,83 Stat. 853, as amended (42 Power and Ught Company v. United materials, Nuclear power plants and U.S.C 4332). Sections 2.700a. 2.719 also .

States,846 F.2d 765 (D.C. Cir.1988), reactors. Penalties, Sex discrimination, issued under 5 U.S.C 554. Sections 2.754, cert. demed,490 U.S.1045 (1989). 2.760,2.770,2.780 also issued under 5 U.S.C Source material, Special nuclear The NRC's FY 1991 annual fee rule material, Waste treatment and disposal. 557. Section 2.764 also issued under secs.

was largely upheld by the D.C. Circuit 135,141, Pub. L 97-425,96 Stat. 2232,2241 (42 U.S.C 10155,101611. Section 2.790 also Court of Appealsin AlliedSignalv. !O CFR Part 140 issued under sec.103,68 Stat. 936. as NRC,9119 F.2d 146 (D.C. Cir.1993). Criminal enalties, Extraordinary P amended (42 U.S.C 2133) and 5 U.S.C 552.

VIII. Regulatory Flexibility Analysis nuclear occurrence, insurance' clear Sections 2.800 and 2.808 also issued under Intergovernmental relations, Nu 5 U.S.C 553. Section 2.809 also issued under The NRC is required by the Omnibus matenals, Nuclear power plants and 5 U.S.C 553 and sec. 29, Pub. L 65-256,71 Budget Reconciliation Act of1990 to reactors, Penalties, Reporting and Stat. 579, as amended (42 U.S.C 2039).

recover approximately 100 percent ofits 7ec rdkeeping requirements. Subpart K also issued under sec.1.89,68 Stat.

budget authority through the assessment ' 4' ~

of user fees. OBRA-90 further requires to CFR Part 170 $ h 8h 230( S r 1O S part that the NRC establish a schedule of Byproduct material, import and L also issued under sec.189. 68 Stat. 955 (42 charges that fairly and equitably U.S.C 2239). Appendix A also issued under export licenses, Intergovernmental sec. 6, Pub. L 91-560. 84 Stat.1473 (42 allocates the aggregate amount of these relations, Non-payment penalties, U.S.C 21351 c rEes amon Ucensees. Nuclear materials Nuclear power plants and reactors, Source matenal, Special 2. In $ 2.2 5, paragraph (i)is revised schedul off at ecessary to nuclear matenal, to read as fo ows.

implement the Congressional mandate 20 CFR Part 172 $ 2.206 CMI penetties.

for FY 1998. The final rule results in a * * * *

• slight decrease in the annual fees Annual charges, Byproduct material, charged to some licensees, and holders Holders of certificates, registrations, (i) Except when payment is made after of certificates, registrations, and approvals, Intergovernmental relations, compromise or mitigation by the approvals. De Ramletory Flexibility Non-pa ent nalties Nuclear Department of Justice or as ordered by a court of the United States, following Analysis, prepared in accordance with 5 materia Nuc ar power plants and reference of the matter to the Attorney U.S.C.604,isincluded as Appendix A reactors, Source material, Special to this final rulrEThe Small Business General for collection, payment of civil nuclear material.

Regulatory Enforcement Fairness Act of penalties imposed under Section 234 of For b reasons set out in b the Act are to be made payable to the 1996 (SBREFA) was signed into law on preamble and under the authority of the U.S. Nuclear Regulatory Commission, in March 29,1996. The SBREFA requires Atomic Energy Act of 1954' as amended. U.S. funds, by check, draft, money all Federal agencies to prepare a written and 5 U.S.C. 552 and 553, the NRC is compliance guide for each rule for order, credit card, or electronic funds adopting the following amendments to transfer such as Automated Clearing which the agency is required by S U.S.C. 10 CFR Farts 2* 140,170 and 171*

604 to prepare a regulatory flexibility House (ACH) using Electronic Data analysis. Therefore, in compliance with PART 2-RULES OF PRACTICE FOR laterchange (EDI). Federal agencies may the law, Attachment 1 to the Regulatory DOMESTIC LICENSING PROCEEDINGS also Inake payment by the On Line Flexibility Analysis (Appendix A to this AND ISSUANCE OF ORDERS Payment and Collections System document)is the small entity (OPAC's). All payments are to be ms ,

compliance guide for FY 1998. 1. The authority citation for Part 2 in accordance with the specific payment continues to rea as follows: int ructions provided with Notims of l gg g g g, Violation that propose civil penalties  !

Authority: Secs.161,181,68 Stat. 948.  !

The NRC has determined that the 953, as amended (42 U.S.C 2201,2231); sec. and Orders imposing Civil Monetary I backfit rule,10 CFR 50.109, does not 191, as amended, Pub. L 87-615,78 Stat. 409 penalties. I apply to this final rule; and therefore, a (*2 U.S.C 2241); sec. 201,88 Stat.1242, as . . . . .

backfit analysis is not required for this amended (42 U.S C 5841); 5 U.S C 552.

Enal rule because these amendments do Section 2.101 sho issued under secs. 53' PART 140-FINANCIAL PROTECTION 36 3 3 am d ('42 REQUthEMENTS ANDINDEMNITY 3 93 fm s a ts de n i 10 U.S.C 2073,2092,2093,2111,2133,2134, AGREEMENTS Chapter i* 2135); sec.114(f), Pub. L 97-425,96 Stat. .

3. The authori y citation for Part 140 2213, as amended (42 U.S C 10134(f)), sec.

X. Small Business Regulatory 102, Pub. L 91-190,83 Stat. 853, as amended continues to rea as follows:

Enforcement Fairness Act (42 U.S.C 4332); sec. 301,88 Stat.1248 (42 Authority: Secs. 161,170. 68 Stat. 948. 71 In accordance with th i Small U.S C. 5871). Sections 2.102,2 103,2.104 Stat. 576, as amended (42 U.S.C 2201,2210h Business Regulatory Enforcement 2.105,2.721 also issued under secs. 102.103, secs. 201, as amended. 202. 88 Stat.1242, as 104, ?.05,183.189,68 Stat. 936. 937,938, amended, 1244 (42 U.S.C 5841,5842).

Fairness Act of 1996 the NRC has

=__

FEdzral Rrgister/ Vol. 63, No.111/ Wednesday, June 10,1998 / Rules and Regulations 31851

4. In S 140.7, paragraphs (c) and (c) the date on which the applicable

.- are revised and paragraph (@ is added indemnity agreement is effective. (.1) Fees for resident inspectors' time

to read as follows

(d)lndemnity fee payments, made and for specific inspections subiect to full cost recovery will be billed on a V $ 140.7 Fees. Payable to the U.S. Nuclear Regulatory quarterly basis and are payable upon Commission, are to be made in U.S. notification by the Commission.

(a)(1) Each reactor licensee shall pay a fee to the Commission based on the funds by check, draft, money order, (h) Method of payment. All license fee following schedule: credit card, or electronic funds transfer Payments, made pa'yable to the U.S.

(i) For indemnification from 5500 such as ACH (Automated Clearing Nuclear Regulatory Commission, are to million to 5400 million inclusive,. a fee House) using EDI(Electronic Data be made in U.S. funds by check, draft, of $30 per year per thousand kilowatts Interchange). Federal agencies may also money order, credit card, or electronic of thermal capacity authorized in the make payments by the On-Line Payment funds transfer such as ACH (Automated license; and Collections System (OPAC's). Clearing House) using EDI (Electronic (ii) For indemnification from $399 Where specific payment instructions are Data Interchange). Payment of invoices million to $300 million inclusive, a fee provided on the invoices, payment of $5,000 or more should be paid via of $24 per year per thousand kilowatts should be made accordingly, e g. ACH through NRC's Lockbox Bank at of thermal capacity authorized in the invoices of $5,000 or more should be the address indicated on the invoice, license: paid via ACH through NRC's Lockbox Credit card paymer% should be made (iii) For indemnification from $299 Bank at the address indicated on the up to the limit established by the credit million to $200 million inclusive, a fee invoice. Credit card payments should be card bank at the address indicated on of $18 per year per thousand kilowatts made up to the limit established by the the invoice. Applicants and licensees of thermal capacity authorized in the credit card bank,in accordance with should contact the License Fee and license; spec fic instructions provided with the Accounts Receivable Branch at 301-invoices, to the Lockbox Bank 415-/554 to obtain specific written (iv) For indemnification from st99 million to $100 million inclusive, a fee designated for credit card payments. Instructions for making electronic of $12 per year per thousand kilowatts paymerf.s and credit card payments.

PART 170-FEES FOR FACILITIES, . . . . .

of thermal capacity authorized in the MATERIALS, IMPORT AND EXPORT license; and LICENSES, AND OTHER 7. Section 170.20 is revised to read as (v)Forindemnification from $99 follows:

REGULATORY SERVlCES UNDER THE million to $1 million inclusive, a fee of ATOMIC ENERGY ACT OF 1354, AS $ 170.20 Average cost per professional 56 per year per thousand kilowatts of AMENDED stambour, thermal capacity authorized in the license. Fees for permits, licenses,

5. The authority citation for Part 170  !

'2) No fee will be less than $100 per continues to read as follows: amendments, renewals, special projects, '

annum for any nuclear reactor. This fee Part 55 requalification and replacement Authority: 31 U.S.C 9701, sec. 301, Pub. examinations and tests, other required is for the period beginning with the date L 92-314,86 Stat. 222 (42 U.S.C. 2201wl; reviews, approvals, and inspections on which the applicable indemnity sec. 201,88 Stat.1242, as arnended (42 agreement is effective. The various U.S.C. 584 th sec. 205. Pub. L.101-576,104 under SS 170.21 and 170.31 that are Stat. 2842,ist U.S.C 9011. based upon the full costs for the review levels ofindemnity fees are set forth in the schedule in this paragraph. The or inspection will be calculated using amount ofindemnification for 6. In Section 170.12. paragraphs (g) the following applicable professional and (h) are revised to read as follows: staff-hour rates:

determining indemnity fees will be computed by subtracting from the $ 170.12 Fsyment of fees, Reactor Program is 170.21 s124 per hour.

statutory limit of liability the amount of * * * *

• Activities).

, Nuclear Materials and Nu- $121 per hour.

financial protection required of the clear Waste Program (g) Inspection fees. (1) Inspection fees licensee. In the case of licensees subject will be assessed to recover full cost for G170.31 ActivmL to the provision of $ 140.11(a)(4), this each resident inspector assigned to a 8. In $ 170.21, the introductory text, total amount will be the amount, as specific plant or facility. The fees will determined by the Commission, of the Category K in the table, and footnotes 1 financial protection available to be assessed for all of the resident and 2 to the table are revised to read as inspectors' time, excluding leave and follows:

licensees at the close of the calendar time spent by a resident inspector in year preceding the one in which the fee support of activities at another r.ite. The $ 170.21 Schedule of fees for production becomes due. For those instances in hours will be billed at the appropriate and utnization feelitties, review of standard which a certified fmancial statement is hourly rate established in $ 170.20. referenced design approvals, special provided as a guarantee of payment of projects, inspections and import and export deferred premiums in accordance with (2) Fees for all inspections subject to licenses.

S 140.21(el, a fee of $1,000 or the full cost recovery will be assessed on a per inspection basis for costs incurred Applicants for construction permits, indemnity fee. whichever is Breater, is manufacturing licenses, operating required, up to approximately 30 days after licenses, import and export licenses,

• * * *

• issuance of the inspection report. approvals of facility standard reference Inspection costs include preparation (c) Each person licensed to possess time, time on site, documentation time, designs, requalification and replacement and use plutonium in a plutonium examinations for reactor operators, and and follow-up activities and any special projects and holders of processing and fuel fabrication plant associated contractual service costs, but shall pay to the Commission a fee of construction permits, licenses, and exclude the time involved in the other approvals shall pay fees for the 55,000 per year for indemnification, processing and issuance of a notice of following categories of services:

't his fee is for the period beginning with violvien or civil penalty.

31852 Fedzral Rrgister/Vol. 63. No.111/ Wednesday, June 10,1998/ Rules and Regulations SCHEDULE OF FAC'UTY FEES g p

[See footnotes e end of table)

Facility categones and type of fees Fees'r K. Import and export licenses:

Licenses for the import and export only of production and utilization facihties or the export only of components for produc-tion and utshzation facihtees issued pursuant to 10 CFR Part 110:

j 1 1. Apphcaten for import or export of reactors and other facihties and exports of components which must be reviewed by the Commiss oners and the Executive Branch, for example, actions under 10 CFR 110A0(b).

57,900 Apphcaten-new heense -

57,900 Amendment .

2. Apphcation for export of reactor and other components requinng Executive Branch review only, for example, those actons under 10 CFR 110A1(a)(1)-(8).

Appleaton-new bcense 54.800

$4,800 Amendment

3. Apphcation for export of components requinng foreign govemment assurances only.

ApphcaterHew heense 52,800 Amendment $2,800

4. Appicaten for export of facihty components and equipment not requinng Commissioner review. Executwe Granch review, or foreegn govemment assurances.

Apphcaton-new beens .

51.200 Amendment . .

51,200

5. Minor amendment of any export or import heense to extend the expiraton date, change comeste information, or make other rev;saons which do not require irWepth analysis or revew.

Amendment . $180

' Fees will not be charged for orders estued by the Commission pursuant to $2202 of this chapter or for amendments resulting specifically from the requirements of these types of Commisson orders. Fees will be charged for ap7 ovals issued under a speofe exemption provision of the Commission's regulations under Title 10 of the Code of Federal Regulations te p., $g s0.12,73.5) and any other sectrons now or hereafter in effect regardless of whether the approval is in the form of a hcense amendment, . letter of approval, safety evaluation report, or other form. Fees for licenses in this schedule that are init:a#y issued for less than fuH power are based on review through the issuance of a full power hcense (generally full power as considered 100 percent of the facihty's fuft rated power). Thus, if a hcensee received a low power license or a temporary heense for less than full power and subsequently receives fuH power authonty (by way of heense amendment or otherwise), the total costs.for the bcense wi8 be determined through that penod when authonty as granted for fuH power operaton. If a situaton arises in whch the Commisson de-termines that fun operating power for a partcular facility should be less than 100 percent of full rated power, the total costs for the lecense wiH be at that determined lower operating power level and not at the 100 percent capacsty.

' Fun cost fees will be determined based on the professional staff time and appropnate contractual support services expended. For appleations currently on file and for which fees are determmed based on the fuB cost expended for the review, the professional staff hours expended for the review of the apphoston up to the effectrve date of the final rule win be determined at the professional rates m effect at the time the servce was provided. For those appicaisons currently on file for whch review costs have readned an applecable fee ceihng estabbshed the June 20.1984, and July 2,1990, rules but are st H nending completion of the revie'w, the cost incurred after any app 6 cable co.img was r through January 29,1989, wiu not be billed to the apphcant. Arsy profess 4onal staff-hours expended above those codings on or after January 30,1989, will be as-sessed at the appleable rates estabhshed by 617020, as appropnate, except for topcal reports whose costs exceed $50,000. Costs whch ex-coed $50.000 for any topical report, amendment, revison or supplement to a topical report comp 6eted or under review from January 30,1989, I

through August 8,1991, will not be based to the apphcant. Any professional hours expended on or after August 9,1991, wiu be assessed at the

! apphcable rate estabhshed m 617020. In no event will tne total review costs bees s, tnan twice the hourfy rate shown in 517020.

5 170.31 senedule of fees for meterials materials licenses, or import and export ticenees and other regulatory servic'*. licenses shall pay fees for the following

, Section 170.311s revised to read as including inap ctions, and import and categories of services. This schedule ws. export noenses.

includes fees for health and safety and Applicants for materials licenses

• safeguards inspections where import and export bcenses, and other a ca h regulatory services and holders of SCHEDULE OF MATERIALS FEES

[See footnotes at end of table)

Category of materials hcenses and type of fees' Fee 28

1. Special nuclear matenat:

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 er more of U-233 in unsealed form. This includes applcatons to terminate iconses as well as hcenses authortring possession only:

License, renewat, amendment Full Cost.

Inspections . . .- . Full Cost.

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

License, renewal, amendment . .. ..

Full Cost.

I inspectons . .

Full Cost.

C. Licenses for possession and use of special nuclear matenal m sealed sources contained in devces used in industnal f

i measunng systems, mcluding x-ray fluorescence c:Olyzers: 8 Apphcauun--New heense $560.

Amendment . $380.

I 1

L

Federal Registzt/ Vol. 63, No.111/ Wednesday. June 10.1998/ Rules and Regulations 31853 ,

SCHEDULE OF MATERIALS FEES-Continued (See footnotes at end of tablel Category of matena!, hcenses and type of fees' I Fee 23 D. All other special nuclear ma'enal licenses, except hcenses authonzing special nuclear matenal in unsealed form in com-bina' ion that would constitute a entical quantity, as defined in $ 150.11 of tnis chapter, for which the licensee shall pay the same fees as those for Category 1 A:'

Apphcato'wNew hcense $750.

Amendment . -._ ___ ....

$290 E. Lcenses or certificates for construction and operation of a uranium enrichment facehty.

License, renewal, amenament , Full Cost.

Inspectons .

Full Cost.

2. Source matenal:

A.(1) Lcenses for possess on and use of source matenal n recovery operations such as milling, in-situ leaching. heap-leach-ing, refining uranium mill concentrates to uranium hexafluonde, ore buying stations, son exchange facihties and in process-

! ing of ores containing source matenal for extracion of metals other than uranium or.thonum, including Icenses authanzing the possesson of byproduct waste malenal (talhngs) from Source matenal recovery operations, as w6fl as hconses author-izing the possesson and maintenance of a facihty an a standby mode:

Lcense, renewal, amendment , . . . . . . .. Full Cost.

Inspections . . .. . . . . _ . 4...... _ . . . . _ _ _ . ... _.

Full Cost.

(2) Lcenses that authonze the receipt of byproduct matenal, as defined in Section 11e(2) of the Atome Energy Act, from other persons for possesson and disoosal except those hcenses subject to fees in Category 2.A.(1),

Lcense, renewal, amendment . Full Cost.

Inspections . -. ..

.. __ __ . . . _ . . . ___ .. ___ _ _ . . . Full Cost.

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

Lcense, renewal. amendment . Full Cost.

Inspect ons . - .

. ...... Full Cost.

B. Licenses which authonze the possesson, use and/or installation of source rnatenal for shieldmg:

Appication-New hcense $120.

Amendment . _ . _ _

$280.

C. All other source matenal heenses:

ApphcatiorwNew heense

$3.600.

Amendment . $560.

3. Byproduct matenal:

A. Lcenses of broad scope for possession and use of byproduct matenal issued pursuant to Parts 30 and 33 of this chapter for processing or manufactunng of stems containing byproduct matenal for mmmercial distnbution:

ApplicatsorwNew hcense $3.800.

Amendment ..... . . . . . . . . .

.._ . . . . . _ . . _ _ __ . . _ $530.

B. Other kcenses for possesson and use of byproduct matenal issued pursuant to Part 30 of this chapter for processing or manufactunng of stems containing byproduct matenal for commercial distnbution:

AppicatiorwNew iconse $1,500.

Amendment , . _ . . . _ _ _ _ _ _ _

. _ _ .._ . _ _. _ $560.

C. Lcenses issued pursuant to 96 32.72. 32.73, ancor 32.74 of this chapter authenzing the processing or manufacturing and distnbution or redistnbution of radiopharmaceuticals, generators. reagent lats and/or sources and devices mntaining by-product matenat. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufactunng is exempt under $ 170.11(a)(4). These Icenses are covered by fee Category 30.

AppicatiorwNew license '

$6.800.

Amendment . .

$630.

D. Lcenses and approvals tssued pursuant to 66 32.72,32.73, ancor 32.74 of this chaoter authonzing distnbuton or redis-tnbuten of radiopharmaceuticais, generators reagent kits andor sources or devces not involving processing of byproduct matenal. This category includes Icenses issued pursuant to $$32.72,32.73, and/or 32.74 of this chant t nonprofit edu-cationalinstitutions whose processing or manufactunng is exempt under $ 170.11(a)(4).

ApplcaterwNew hoense $1,900.

Amendment .. $420.

E. Licenses for possesson and use of byproduct matenal en sealed sources for erradiaton of matenals in whch the source is not removed from its shield (self-shioided units):

ApphcatiorwNew bcense $1,100.

Amendment . ... .. _

. . . $380.

F. Licenses for possesson and use of less than 10.000 cunes of byproduct matenal in sealed sources for irradiaton of mate-nals m which the source is exposed for erradiaton purposes. This category also includes underwater irrediators for irradia-tion of matenals where the source is not exposed for irradiaton purposes.

AppicatiorwNew hcense $1,900 Amendment .. . . . ...

, $440.

! G. Lcenses for possess on and use of 10,000 cunes or more of byproduct matenal in sealed sources for irradiaton of mate.

nals in which the source is exposed for irradiaton purposes. This category also includes underwater irradiators for erradia-l ton of matenals where the source is not exposed for erradiaton purposes.

l AppicaterwNew hcense $4.500.

Amendment . .._.. . . - . . . . . _ _ . . . . . . . . . . . _ . .

. . $740.

H Lcenses issued pursuant to Subpart A of Part 32 of this chapter to distnbute items containing byproduct matenal that re-quire device review to persons exempt from the hcensing requirements of Part 30 of this chapter, except specific bcenses authonzing redistribution of items that have been acthonzed for distribution to persons exempt from the hcensing require-ments of Part 30 of this chapter; Appkca un-New hcense . ..~. $2,700.

l l

l l

l L ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _

31854 Federal R: gist:r/Vol. 63, No.111/ Wednesday, June 10,1998 / Rules and Regulations SCHEDULE OF MATERIALS FEES-Continued .%

(See footnotes at end M table}

Category of matenals teenses and type of fees' Fee 23

$1,000.

Amendment . . . . . . . . - ..

l. Licenses issued pursuant to Subpart A of Part 32 of this chapter to distnbute items containing byproduct matenal or quan-tities of byproduct matenal that do not require device evaluation to persons exempt from the scensing requirements of Part 30 of this chapter, except for speofic heenses authonzing reestribution of items that have been authorized for riistnbution to persons exempt from the kcensing requirements of Part 30 of this chapter:

Apphcation-New hcense , $4.400.

$1,000 Amendment .

A Lcenses issued pursuant to Subpart 8 of Part 32 of this chcoter to distnbute items containing byproduct matenal that re-Quire sealed source andor devce review to persons genera 9y kcensed under Part 31 of this chapter, except specific h-censes authonzing feestribution of stems that have been authonzed for distnoution to persons generally licensed under Part 31 of this chapter. $ 1,700.

Appication-New heense

$300.

Amendment .. ... ... _

K. Lcenses issued pursuant to Subpart 8 of Part 32 of this chapter to distnbute items containing byproduct material or quan-trties of byproduct matenal that do not require sealed source and/or devce review to persons generally hcensed under Part 31 of this chapter, except specife heenses authonzing redistnbution of stems that have been authonzed for distribution to persons generally bcensed under Part 31 of this chapter: $1,000.

Appuatior>New hcense Amendment ._ _

$340.

L. Licenses of broad scope for possession and use of byproduct matenal issued pursuant to Parts 30 and 33 of this chapter for research and development that do not authonze commermai distnbution:

$5,400.

Appication-New heense Amenoment _ ._. . . _ . m...... . . . . . . . . . . . . . , _ _ _ . $760.

M. Ceer icenses for possession and use of byproduct matenal issued pursuant to Part 30 of this chapter for research and development mat do not authonze commeroal estnbution:

Apphcation-New heense $1.800.

Amendment . . . . . .

$620.

N. Licenses that authonze services for other heensees, except:

(1) Lcenses that authon2e only cabbration and/or leak testing services are sub;ect to the fees speofied in fee Category 3P; and (2) Lcenses that authonze waste @sposal servces are subject to the fees specified in fee Categones 4A,4B, and 4C:

$2,000.

Appication-New heense Amendment . . ... .

5500.

O. Lcenses for possession and use of byproduct matenal issued pursuant to Part 34 of this chapter for industnal ramogra-phy operations:

Apphcahon-New iconse . ., $4.300.

Amendment .

$680.

P. All other spoofc byproduct metenal Icenses, except those in Categones 4A through 9D:

Appication-New hcense $730.

Amendment $340.

i

4. Waste disposal and processing:

A. Licenses spoofcally authonzing the receipt of waste byproduct matenal, source matenal, or speoal nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the heensee; or Icenses 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 authonzed to recerve or dispose of waste matenat Lcense, renewal, amendment .. . .. Full Cost.

Inspections - Full Cost, B. Limnses spoofically authonzing the receipt of waste byproduct matenal, source matenal, or speoal nuclear matenal from I other persons for the purpose of padaging or repackaging the matenal. The hcensee will dispose of the material by trans-for to another person authorized to recetve or dispose of the matenat; Appleation-New icense .

$2,500.

Amendment $520.

C. Licenses speofcally authonzing the receipt of prepackaged waste byproduct matenal, sourm matenal, or spooal nuclear matenal from other persons. The hcensee will espose of the matenal by transfer to another person authonzed to (ootive or dispose of the matenal:

Appleation-New hcense _

- . . . . . $2.200.

Amendment - $220.

5. Well logging-A. Licenses for possession and use cf byproduct matenal, source matenat, and/or special nuclear matenal for well logging, well surveys, and tracer studes other than field flooding tracer stuces:

Appication-New icense $3.400.

Amendment . -

- . $820.

B. Lcenses for possession and use of byproduct matenal for field flooding tracer studes:

License, renewal, amendment - Full Cost.

6. Nuclear laundnes:

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

AppicatiorHNew icense 36.400.

A%...anent _ $1,000.

i

! L Me@ cal heenses:

I

_ _ _ _ =

Fcderal Regist:r/Vol. 63 No.111/ Wednesday, lune 10,1998/ Rules and Regulations 31855 SCHEDULE OF MATERIALS FEES-COMued (See footnotes at end of table]

l FeeM Category of matenals Icenses and type of fees' A. Licenses issued pursuant to Parts 30,35,40, and 70 of this chapter for human use of byproduct matenal. source mate-nal, or special nuclear matenal in sealed sources contained in teletherapy devices: $3,500.

Apphcaton-New heense

._ -.. $390.

Amendment . .

B. Licenses of broad scope issued to meoical institutions or two or more physicians pursuant to Pans 30,33,35,40, and 70 of this chapter authonzing research and development, including human use of byproduct matenaf, except hcenses for by-product matenal, source matenal, or special nuclear matenal in sealed sources contained in teletherapy devices: $3,800.

Apphcation-New heense $710.

Amendment .

C. Other heenses issued pursuant to Parts 30,35,40, and 70 of this chapter for human use of byproduct matenal, source matenal, and/or special nuclear matenal, except licenses for byproduct matenat, source matenal, or special nuclear mate-nal in sealed sources contained in teletherapy devces: $1,800.

z..

Appleation-New hcense $450-Amendment -

8. Civil defense:

A. Licenses for possession and use of byproduct matenal, source matenal, or special nuclear matenal for crvd defense activi-ties: $570.

Appleation-New license $400.

Amendment -

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

A. Safety evaluation of devices or products containing byproduct matenal, source matenal, of special nuclear matena!, ex-cept reactor fuel devces, for commercial distnbution: $3.600.

AppleatiorWach device . .

., $590.

Amendment--each devce ..

B. Safety evaluation of devees or products mntaining byproduct matenal, source matenal, or special nuclear matenal manu-factured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices: 12,100.

Application-each device . $1,100.

Amendment-each devce -

C. Safety evaluaton of sealed sources containing byproduct matenal, source matenal, or special nuclear matenal, except re-actor fuel, for commercial distnbution: $910.

Appleation-each source - $610.

Amendment-each source D. Safety evaluation of sealed sources containing byproduct matenal, source matenal, or special nuclear matenal, manutac-tured in accordance with the unique specifcatens of, and for use by, a single apphcant, except reactor fuel:

$460.

Appleation-each source $160.

Amendment-each source

10. Transportation of radioactue matenal:

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

Approval, renewal, amendment - Full Cost.

Inspectons . .

B. Evaluaton of 10 CFR Part 71 quakty assurance programs: $340.

Appication-Approval : $620.

Amendment . Full Cost.

Inspections .

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

Approval, renewal, amendment - Full Cost.

Inspections ..

12. Specal projects: 5 Full Cost.

Approvals and preapphcatiorVLicensing activities Full Cost.

Inspections

13. A. Spent fuel storage cask Comicate of Comphance:

' , Full Cost.

Approvals ..

Full Cost.

Amendments, revisons, and supplements . Full Cost.

Reapprovai _ .

Full Cost.

l B. Inspectons related to spent fuel storage cask Cemfcate of Comphance . Full Cost.

C. Inspectons related to storage of spent fuel under G 72.210 of this chapter

14. Byproduct, source, or special nuclear matenal hcenses and other approvals authonzing decommissicaing, decontamination, reclamaton, or site restoration actrvaties pursuant to Parts 30,40,70, and 72 of this chapter: Full Cost.

Approval, renewal, amendment Full Cost.

Inspections

15. Import and Export heenses:

Licenses issued pursuant to Part 110 of this chapter for the import and export only of special nuclear material, source mate-rial, tntium and other byproduct matenal, heavy water, or nuclear grade graphrte.

A. Apphcation for export or import of h+gh enrched uranium and other matenais, including radioactive waste, which must.

be revsewed by the Commissioners and the Executive Branch, for example, those actons under 10 CFR 110.40(b)

This category includes appicaten for export or import of radioactive wastes in multiple forms from muftiple generators or brokers in the exporting muntry and/or going to multiple treatment, storage or disposal facihties in one or more re-ceiving countnes. $7,900.

Apphcaton-new heense . 57,900.

Amendment .

t

31856 Fed:r:.1 Regist:r/Vol. 63, No.111/ Wednesday, June 10,1998/ Rules and Regulations SCHEDULE CE MATERIALS FEES-Continued

[See footnotes at end of tabie]

FeeM Category of materials hcenses and type of fees' B. Apphcaton for export or import of special nuclear matenal, source matenal, tritsum and other byproduct matenal, heavy water, or nuclear grade graphite, including radioactive waste, reovinng Executive Branch review but not Com-rnissioner review. This category includes apphca!#on for the export or import of radoactrve waste envolving a single form of waste from a single class of generator en the exporting country to a single treatment, storage and/or disposal facility in the receiving country. $4.800 Apphcaton-new heense . . . . .

$4,800 Amendment . ..

C. Apphcaton for export of routine reloads of low ennched uranium reactor fuel and exports of source matenal requinng only foreign government assurances under the Atomic Energy Act. $2,800.

Appleatorenew heense 52,800 Amendment D. Apphcaton for esport or import of other matenals, including radioactive waste, not requinng Commissioner review, Executrve Branch review, or foreign government assurances under the Atome Energy Act. Thss category mdudes ap-l picat on for export or import of radcactive waste where the NRC has previously authonzed the export or import of the j same form of waste to or trom the same or simdar parties, requinng only confirmation from the receiving facility and is-

'! censing authont es tt.at the shrpments rnay proceed according to previously agreed understandings and procedures. $1,200 Apphcaterwnew hcense $1,200.

Amenunent E. Minor amendment of any export or import heense to extend the' expiration date, change domeste mformaton, or make other revisons whch do not requee m-oepth analysis, revew, or consultatens wrtn other agenoes or foreign governments. . . . . $180.

i Amendment l 16. Reciprocity; Agreement State hcensees who conduct activites under the reciprocity proyisions of 10 CFR 150.20. 51,100.

Applcaton (init al fihng of Form 241) . $200.

Revisons .

• Types of fece-Separate charges, as shown in the schedule, will be assessed for preapphcaton consultations and reviews for new teenses and approvals, issuance of new beenses and approvals, amendments and certain renewals to exrsting toenses and app safety evaluations of sealed sources and devices, and certain inspectons. The followng guedehnes apply to these charges.

(a) Apphcaron fees. Apphcations for new matenais teenses and approvals: apphcations to reinstate expired, termmated or inac and approvais except those sumect to fees assessed at fuit costs, and appbcations s tiled by Ar reement State Icensees to register un I

oral Icense provisens of 10 CFR 150 20, must be accompanied by the presenbed appicat on fee for eam category, except that; f' (1) Apphcations for hcenses covenng more than one fee category of special nudear matenal or source matenaf must be accom presenbed apphcation fee for the highest fee category,(b) trensa/approvattevew fees. Fees for applications for new Ace to full cost lees (Ice Categones 1 A,18, IE,2A,4A, 58,10A,11,11,13A, and 14) are due upon notrhcaton by the Commissaon m accordank I wth $ 170,12(b), (e), and (f).(c) Renewsweapproval fees. Appicabons subject to Full Cost. fees (fee Categones 1 A,1B,1E l

upon notificanon by the Commission n accordance with $ 170.12(d).

i (d) Amendmentmevrssors Fees.(1) Applications for amendments to Icenses and approvals and revisons to reciproci sessed at fuff oosts, mt st be accomparked by the presenbed amendment /revison fee for each license /revtsson affected. An application for a amendment to a heense or approval classified en more than one fee category must be accompanied by the presenbed amendment fee for the category affected by the amendment unless the amendment is apphcable to two or more fee categones m whch case the amendment highest fee category would apply. For those licenses and approvals sugect to full costs (fee Categones 1 A,1B,1E,2A,4A,5B, 13A, and 14), amendment fees are due upon notrhcation by the Commisson in accordance wth 9170.12(c).

(2) An appbcahon for amendment to a matenals hcense or approval that would place the beense or approval in a higher fee catego new fee category must be accompanied by the presaabed appicaton fee for the new category.

(3) An apphcaton for amendment to a hcense or approval that would reduce the 1, cope of a icensee's program to a lower fee category be accompanied by the presenbed amendment fee for the lower fee category.

(4) App 6catons to terminate hcenses authonang small matenals programs, when no dismanthng or decontaminabon procedure is requ not subtect to fees.

(e) inspemort fees. InspecDons resultog from investigations conducted by the Otree of Investigations and nonroutme inspechons th on fees are due upon notification by the Commission in accordance with $ 170.12(g),

from third party ahegatons are not subject to fees. In a Fees en not be charged for orders issued by the massson pursuant to 10 CFR 2202 or for amendments resutung specifically from the re-aments of these types of Commtsson orders. However, fees will be charged for approvals issued under a specife exempton provison misson's regulatons under Tide 10 of the Code of Federal Reguistons (e 9.,10 CFR 30.11,40.14,70.14,73.5, and any other sectons now or hereafter in effect) regardless of whether the approval is m the form of a license amendment, letter of approval, safety evaluabon report, or other form, in additon to the fee shown, an apphcant may be assessed an additional fee for sealed source and device evaluatons as shown in Categones 9A through 90.8 Full cost fees wili be determined based on the professional staff time and appropriate contractual supp cations currentty on file and for whch fees are cetermined based on the fun Cost. expended for the review, the professional staff hours ex-pended for the revew of the apphcaton up to the effective date of the hnal rule mit be determined at the professional rates in ef the servce was ovided. For apphcatons currently on fde for which review costs have teamed an 2,1990, rules, but are still pendung completion of the review, the cost incu after any appleable ceihng was teamed 20,1984, and through January ,1989, wilt not be beed to the apphcant. Any professional staff-hours expended above those ceihngs on or after January 30, 1989, will be assessed at the apphcable rates estabbshed by $ 17020, as appropriate, except for topc:t! reports whose costs exceed $50, Costs whim exceed $50.000 for each topical report, amendment, revision, or supplement to a topicat report completed or under review from Jan-uary 30,1989, through August 8,1991, witt not be billed to the apphcant. Any professional hours expended on or after August 9,1991, will be assessed at the apphcabits rate estabhshed m 617020. The minimum total review cost is twice the hourfy rate shown m $ 17020.

'Leensees paying fees under Categenes 1 A,1B, and 1E are not subject to fees under Categones 1C and 1D for sealed sources authonzed in the same hcense except in those instances in which an apphcation deals only with the sealed sources authonzed by the hcense. Apphcants for new heenses that cover both byproduct matenal and special nuclear matenal m sealed sources for use m gauging devices wdl pay the app pnate apphcaton fee for fee Category 1C onty.

• Fees will not be muessed for requests / reports submitted to the NRC;

Fed:ral Register /Vol. 63. No.111/ Wednesday, June 10.1998/ Rules and Regulations 31857 (a) In response to a Genenc Leaer or NRC Bulletin that does not result in an a nendment toine license, does not result in the review of an aL temate method or reanalysis to meet the requirements of tha Genenc Let'er, or does not involve an unreviewed satety issue:

(b) in response to an NRC reouest (at the Associate Office Director level or aoove) to resoNe an icentit.ed safety, safeguards, or environ-mental issue, or to assist NRC in developing a ruie. regulatory guece, pohcy statement, generic letter, or buiietin; or (c) As a means provements or efforts. of exchanging intorr9ation bar*een industry organizations and the NRC for the purpose of supporting genenc regulatory irn-PART 171-ANNUAL FEES FOR 12. In S 171.15, paragraphs (b), (c) that do not result in a license or are not REACTOR OPERATING LICENSES, introductory text (c)(1), (c)(2), (e), and associated with a license; international AND FUEL CYCLE LICENSES AND (0 are revised to read as follows: cooperative safety program and MATERIALS LICENSES, INCLUDING international safeguards activities; low-HOLDERS OF CERTIFICATES OF 5171.15 Annual Fees: Reactor operstm.g

""*** level waste disposal generic activities; COMPLIANCE, REGISTRATIONS, AND uranium enrichment generic activities.

QUALITY ASSURANCE PROGRAM (b) The FY,1998 annual fee for each (2) Activities not currently assessed APPROVALS AND GOVERNMENT OPeratin power reactor which must be under 10 CFR Part 170 licensing and AGENCIES LICENSED BY NRC collecte by September 30,1998,is inspection fees based on existli.g

10. The authority citation for Part 171 $2.976,000. This fee has been Commission policy, e g., reviews and continues to read as follows: determined by adjusting the FY 1997 p ns cdM obonprom Authority: Sec, 7601, Pub. L 99-272,100 annual fee,(prior to rounding) edu ti " d cost that Stat.146, as amended by sec. 5601, Pub. L 9 gg not O from s downward by about 0.1 percent. In the 100-203.101 Stat.1330, as amended by sec- FY 1995 final rule, the NRC stated it entities based on Commission policy in 3201. Pub L 101-239.103 Stat. 2106 as would stabilize annual fees by adjtuting accordance with the Regulatory r, mended by sec. 6101, Pub. L 101-508,104 Flexibility Act.

Stat.1388, (4 2 U.S C. 2213); sec. 301. Pub. L the annual fees only by the percentage a * * *

• 92-314,86 Stat. 222 (42 U.S C. 2201(wl); sec' change (plus or minus) in NRC,s total 201,88 Stat.1242, as amended (42 U.S C. budget authority and adjustments based (e) The FY 1998 annual fees for 58411; sec. 2903, Pub L.102-486,106 Stat. on changes in 10 CFR Part 170 fees as licensees authorized to operate a 3125. (42 U.S C. 2214 notel. well as on the number of licensees nonpower (test and research) reactor

11. Section 171.13 is revised to read paying the fees. The first adjustment to licensed under Part 50 of this chapter, as follows, '

the annual fees using this method except for those reactors exempted from occurred in FY 1996 when all annual fees under S 171.11(a), are as follows:

$ 171.13 Notice. fees were decreased 6.5 percent belcw Researcn reactor . $57,300 The annual fees applicable to an the FY 1995 annual fees. The FY 1997 Test reactor ...-.. 557,300 operating reactor and to a materials annual fees were also determined by licensee, including a Government using this method. 'Ibe FY 1997 annual (f) For each fiscal year, annual fees for agency licensed b) the NRC, subject to fees increased 8.4 percent above the FY operatinr, reactors will be calculated and this part and calculated in accordance 1996 annual fees. The FY 1995 annual assessed in accordance with $ 171.13.

with 55171.15 and 171.16, will be fee was comprised of a base annual fee 13. L1 s 171.16, the introducto'Y text published as a notice in the Federal and an additional charge (surcharge).

Register as soon as is practicable but no The activities comprising the base FY and Parr graphs '.able (cof(1), p)aragraph (c)(e)

(c)(4), (d), and and are later than the third quarter of the fiscal 1995 annual fec are as follows: re ised to read as follows:

year, The annual fees will become due (1) Power reactor safety and and payable to the NRC in accordance $ 71.16 t Annual Fees: Material Ucensees, safeguards regulation except licensing F olders of certmcates of Compliance, with 6171.19 except as provided in and inspection activities recovered > olders of Sealed Source and Device

$ 171.17. Quarterly payments of the - under Part 170 of this chapter, F +gistrations, Holders of Quality Assurance annual fees of $100.000 or more will (2) Research activities directly related P'.) gram Approvals and Govemment continue during the fiscal year and be to the regulation of power reactors. Agencies Ucensed by the NRC.

based on the applicable annual fees as (3) Generic activities required largely * * * *

• shown in 55171.15 and 171.16 until a for NRC to regulate power reactors, e.g., (c) A ?icensee who is required to pay notice concerning the revised amount of updating part 50 of this chapter, or an annu.2 he ndes this section may the fees for the fiscal year is published operating the Incident Response Center. qualify as a small entity, if a licenree by the NRC. If the NRC is unable to (c) The activities comprising the FY publish a final fee rule that becomes qualifies as a small entity and provides 1995 surcharge are as follows: the Commission with the proper effective during the current fiscal year, (1) Activities not attributable to an certification, the licensee may pay then fees would be assessed based on existing NRC licensee or class of the rates in effect for the previous fiscal reduced annual fees for FY 1998 as licensees, e.g., reviews submitted by follows:

year. other government agencies (e.g., DOE) t Maximum annual fee per licensed category Small Businesses Not Engaged in Manufactunng and Small Not-For-Profit Organizations (Gross Annual Receipts):

$350,000 to SS million 51.800 Less than $350.000 400 Manufactunng entities that have an average of 500 employees or less:

35 to 500 employees - 1,800 Less than 35 employees 400 Smalt Govemtal Junsdictions (including publicly supported educational institutions) (Population):

( . . - - - - - - - . _ . - - - - - - - - - - - - - - - - - - - - - - -

31858 FedIrel Registtr/Vol. 63. No.111/ Wednesday, June 10,1998 / Rules and Regulations Maximum annual tee %

per license category 20,000 to 50.000 t,800 Less than 20,000. . . . . _ . . . . . . - . . . . . . . 400 Educational institutions that are not State or Publicly Supported, and have 500 Employees or Less:

35 to 500 employees . 1,800 Less than 35 employees 400 (1) A licensee qualifies as a small which must be collected by September adjustment to the annual fees using this entity if it meets the size standards 30,1998, have been determined by method occurred in FY 1996, when all established by the NRC (See 10 CFR adjusting downward the FY 1997 exact annual fees were decreased 6.5 percent 2.810), annual fees (prior to rounding), by about below the FY 1995 annual fees. The FY

. . . . . 0.1 percent. As a result of rounding, the 1997 annual fees were also determined FY 1998 annual fee for some fee by using this method. The FY 1997 (4) For FY 1998, the max mum annual categories is the same a's the FY 1997 annual fees were increased 8.4 percent

"" ' above 96 ann a e Y 31,8 f a teg ry applicabl o (RC tate wud abi Iz ual' fees by adjusting the annual fees only b annual fee and an additional charge' (d) The FY 1998 annual fees for the percentage change (plus or(surcharge). minus) yThe activities comprising materials licensees and holders of in hRC s total budget authority and certificates, registrations or approvals adjustments based on changes in 10 CFR the FY 1995 surcha#8e are shown for c nvenience in paragraph (e) of this subject to fees under this section are Part 170 fees as well as on the number shown below. The FY 1998 annual fees, oflicensees paying the fees. The first section.

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FCR GOVERNMENT AGENCIES LICENSED BY NRC

[See footnotes at end of table)

Category of matenals licenses F s3

1. Spocal nuclear rnatenal:

A (1) Ucenses for possesson and use of U-235 or plutonium for fuel fabncaten actnntes. ,

(a) Strategec Specal Nuclear Matenat:

Babcock & Wilcox SNW42 _ _. 52,604,000 Nudear Fuel Servas SNW124 .

2,604.000 (b) Low Ennched Uranium si Dispersbie Form Used for Fabncetson of Power Reactor Fuel:

Combusten Engineenng (Hematite) SNW33 . . 1,278.000 General Electnc Company SNW1097 _ . 1,278,000 Siemens Nuclear Power SNW1227 1.278,000 Westinghouse Electne Company SNW1107 _. .

1,278,000 (2) All other special r* daar matenals hcenses not included in Category 1.A.(1) whch are hcensed for fuel cycle actnnbos (a) Facilmes with timried cooratsons:

B&W Fuel Company SNW1168 . 50f '.e (b) All Others:

General Electnc SNW960_ ...

345,000 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 speaal nucisar matenal in saaled sources contained in deviws used in sndustrial measunng systems, ancluding x-ray fluorescence analyzers _ _ .

1,300 D. All other spooal nuclear matenal Iccnses, except bcenses authonzing speoal nuci ar matenal in unsealed form M com-beneten that would constrtute a entical quantity, as defined in $ 150.11 of this chapter, for which the iconsee shall pay i the same fees as those for Category 1.A.(2) . . _ 3.100 E. Uconses or certreates for the operation of a urarvum ennchment facMity . . 2,604,000

2. Source motorial:

A. (1) Uconses for possession and use of sourm rnatenal for refining uraruum mill mncentrates to uranium hexafluonde . 648,000 (2) Uconses for possession and use of source matenal in romvory operations sue as mahng, in-situ leading, heep-leem-bg. ore buying stations, ion exchange faolttees and in processing of ores contaeneng source material for extraction of mot-als other than uranium or thonum, anc4uding iconses authorizing the possesson of byproduct waste matenal (taiiangs) from source matenal recovery op..iisi, as well as hconses authonzing the possession and maintenara of a 'solity an a stan@y mode.

Class i faceirtes

• 61,700 Class !! facierties* 34.900 Other foolites * . .. . 22,300 (3) Ucenses that authonse the recespt of byproduct matenal, as defined in Section 11e.(2) of the Atome Energy Act, from other persons for possesson and disposal, except those bcenses subject to the fees in Category 2.A.(2) orCategory 2.A.(4) . . . _ . _

45,390 (4) Lcenses that authonte the receipt of byproduct matenal, as defined in Section 11e.(2) of the Atome Energy Act, from other persons for possession and disposal inodental to the disposal of the uranium waste talhngs generated by the b-consee's mdhng operations, except those licenses subject to the fees in Category 2.A.(2) .. .

8.000 B. Ucenses whch authonze only the possession, use and/or installation of source matenal for shie6d.ng 490 C. All other Eme matenal hcensas - 8,700

- . __ D

Fed:rd Regist:r/Vol. 63, No.111/ Wednesday, June 10.1998/ Rules and Regulations 31859

.. SCHEDULE OF MATERIALS ANNUAL FEES AND FEE 5 FOR GOVERNMENT AGENCIES LICENSED BY NRC-Continued

[See footnotes at end of tatse]

Category of matenals hcenses pAnnua

, l,

3. Byproduct matenat A. Lcenses of broad scope for possession and use of byproduct matenal issued pursuant to Parts 30 and 33 of this chap-ter for processing or manufactunng of items containing byproduct matenal for commercial distnbution . 16.600 i B. Other licenses for possesson and use of byproduct matenalissued pursuant to Part 30 of this chapter for processing or I manufactunng of items containing byproduct matenal for commercial distreutron . 5.000 C. Lcenses issued pursuant to $$32.72,32.73, and/or 32.74 of tNs chapter authonzing the processing or manufactunng and distnbuten or realistnbuten of ra sopharmaceutcals, generators, reagent kits and/or sources and devices containing byproduct matenat This category also includes the possession and use of source matenal for shielding authon2ed pursu-ant to Part 40 of this chapter when included on the same keense. This category does not apply to Icenses issued to non-profit educational institutions whose processing or rnanufactunng is exempt under 6171.11(a)(1). These heenses are cov-ered by fee Category 3D __ _ . . . . 11.200 D. Ucenses and approvals issued pursuant to $$ 32.72,32.73, ancor 32.74 of this chapter authonzing distnbuten or redis-inbuten of radiopharmaceutcals, generators, reagent kits an6or sources or devices not invoMng processing of byprod-uct matenal. This category includes Icenses issued pursuant to $$32.72,32.73 and 32.74 of this chapter to nonprofit educatenal institutions whose processing or manufactunng is exempt under 6171.11(a)(1). This category also includes the possesson and use of source matenal for shielding authonzed pursuant to Part 40 of this chapter when included on the same Lcense _ _

4.400 E. Lcenses for possession and use of byproduct matenal in sealed sources for irradiation of matsnals in whch the source is not removed from its sNeld (self-shielded units) . _ .

3.200 F. Lcenles for possesson and use of less than 10.000 cunes of byproduct tratenaf in sealed sources for irradiation of ma-tenals in whch the source is exposed for irradiation purposes. This category also includes underwater :rradiators for arra-diation of matena!s in which the bource is not exposed for irradiat on purposes . 3.800 G. Licenses for possesson and use of 10,000 cunes or more of byproduct matenalin sealed sources for irradiation of ma-tenals in which the source is exposed for irradiaton purposes. This category also includes underwater irradiators for trra-diation of matenals in which the source is not exposed for irradiation purposes . 19.700 H. Licenses issued pursuant to Subpart A of Part 32 of this chapter to distnbute items containing byproduct matenal that require device review to persons exempt from the Icensing requirements of Part 30 of this chapter, except specific li-censes authonzing redistnbution of stems tha! have been authonzed for distnbuten to persons exempt from the kcensing requirements of Pan 30 of this chapter .. ._ _

5.000 L Lcenses issued pursuant to Subpart A of Part 32 of this chapter to distnbute items containing byproduct matenal or Quantities of byproduct matenal that do not require device evaluaten to persons exempt from the hcensing requirements of Part 30 of tnis chapter, except for specifc heenses authonzing redistnbuten of items that have been authonzed for dis-tnbution to persons exempt from the hcensing requirements of Part.30 of this chapter _ 8,900 J Licenses issued pursuant to Subpart B of Part 32 of this chapter to distnbute items containing byproduct matenal that re-Quire sealed source and/or devce review to persons generally Icensed under Part 31 of this chapter, except specific h-censes authonzing redistnbuton of items that have been authonzed for distribution to persons generally hcensed under Part 31 of this chapter ,

. .. - . . . _ . . _ 3.800 4 K. Lcenses issued pursuant to Subpart B of Part 31 of this chapter to distnbute items containing byproduct matenal or Quantrties of byproduct matenal that do not require sealed source and/or device review to persons generally hcensed under Part 31 of this chapter, except specific Icenses authonzing redistnbution of items that have been authonzed for distnbuten to persons generally icensed under Psrt 31 of this chapter . . _ _ _ _ _ 3,200 L. Lcenses of broad scope for possesson and use of byproduct matenalissued pursuant to Parts 30 and 33 of this chap-ter for research and development that do not authonze commercial distnbuten _ . . _ .

12,300 M. Other hcenses for possession and use of byproduct materialissued pursuant to Part 30 of this chapter for research and development that do not authonze commercial distnbuten . 5,500 N. Lcenses that authortze servces for other heensees, except; (1) Licenses that authonze only calibration and/or leak testing servces are subject to the fees specified in fee Category 3P; and (2) Licenset that authonze waste d sposat servces are subject to the fees spoofied in fee Categones 4A,4B, and 4C 6.100 O. Licenses for sossesson arid use of byproduct matenal issued pursuant to Part 34 of this chapter for industnal radiogra-phy operatons This category a!so includes the possession and use of source matenal for shielding authorized pursuant to Pa t 40 of ths chapter when authonzed on the same Icense . . _ _

14,000 P. All other speoic byproduct matenal Icenses, except those in Categones 4A through 9D , 1,700 4, Waste disposal and processing:

A. Lcenses specifically authonzing the rece'pt of waste byproduct matenal, source matenal, or special nuclear matenal l l

from other persons for the purpose of contingency storage or commeroal land disposal by the hcensee; or hcenses au- ,

thonzing contingency storage of low-level raccactive waste at the site of nuclear power reactors; or hce .scs for receipt j of waste from omer persons for encineraton or other treatment, packaging of resulting waste arid residues, and transfer of packages to another person authorized to receive or dispose of waste ma'erial 5102,000 B. Licenses specifically authonzing the receipt of waste byproduct matenal, source matenal, or speoal nuclear matenal l from other persons for the purpose of packaging or repackaging the matenal The beensee will dispose of the matenal by l transfer to another person authonzed to receive or dispose of the material . 14.500 1 l C. Licenses specif'cally authonzing the receipt of prepackaged waste byproduct matenal, source material. or special nu-clear matenal from other persons. The hcensee will dispose of the material by transfer to another person authonted to receive or dispose of the matenal 7,700

5. Welt logging:

A. Licenses for possession and use of byproduct matenal, source matenal, and/or special nuclear matenal for well logging, well surveys, and tracer studies other than field flooding tracer studies . 8.200 B Lcenses for pnuession and use of byproduct matenal for field flooding tracer studies 13.200 f

~

31860 Federzl Register /Vol. 63. No.111/ Wednesday, June 10,1998 / Rules and Regulations SCHEDULE OF MATERIALC ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES  % LIC (See footnotes at end of table)

Annua Category of matenais hcenses Fees s .'

6. Nuclear laundnes:

A. Licenses for commercial collection and laundry of stems contaminated with Dyproouct matenal, source matenal, or spe- 14,700 oal nuclear matenal ;

7. Medical licenses:

A. Licenses issued pursuant to Farts 30,35,40, and 70 of this chapter for human use of byproduct material, source mate-nal, or speoal nuclear matenal in sealed sources contained m teletherapy devces. This category also includes the pos- 10,300 session and use of source matenal for shielding when authorized on the same icense B. Lcenses of broad scope issued to rnedicalinstitutions 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 hcenses for byproduct matenal, source matenal, or special nudear matenal in sealed sources contained in teletherapy devees. This 23,500 category also includes the possession and use of source material for shielding when authorized on the same hcense.' ..

C. Other Icenses issued pursuant to Parts 30,35,40, and 70 of this criapter for human use of byproduct matenal, source matenal and/or speoal nuclear material except Icenses for byprodud matenal, source matenal, or specal nudear mate-nal in sealed sources contained in teletherapy devees. This category also includes the possesson and use of source 4,700 matenal for shieldmg when av:honzed on the same scense.'

8. Crvil defense:

A. Lcenses for possesson and use of byproduct matenal, source matenal, or special nuclear matenal for civil defense ac- 1,800 tivmes .

9. Devce, product, or sealed source safety evaluaton:

A. Registrations issued for the safety evaluation of devces or products containing byproduct matenal, source matenal, or 7,200 speoal rauclear material, except reactor fuel devices, for commercial d:stnbuton _

B. Regestratons rssued for the safety evaluation of devces or products containing byproduct matenaf, source matenal, or speoal nuclear matenal manufactured in accordanca with the unique specifications of, and for use by, a single appicant, 3,700 except reactor fuel devices _

C. Registrations issued for the safety evaluation of sealed sources containing byproduct matenal, source matenal, or spe- 1,600 cial nuclear matenal, except reactor fuel, for commercial distnbution .

D. Registratens issued for the safety evaluaton of seated sources contain ng byproduct matenal, source matenal, or spe-cal nudear material, manufactured m accordance with the unique specifications of, and for use by, a single applicant, 780 except reactor fuel 10_ Transportation of radioactive matenal:

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

Spent Fuel, HigM.evel Waste, and plutonium air packages -

Other Casks .

B. Approvals issued of 10 CFR Part 71 quality assurance programs. 78.80u Users and Fabncators 1,000 Users . 'N4

11. Standardized spent fuel f aatmes eN/A

12. Specal Protects _ 'N/A

13. A. Spent fuel storage cask Certifcate of Compliance .

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

14. Byproduct, source, or speciat nudear matenal hcenses and other approvats authorizing decommissioning, decontammation, 7N/A reclamation, or site restoration activrties pursuant to 10 CFR Parts 30,40,70, and 72 .

eN/A

15. Import and Export Icenses e N/A

16. Reciprocity . . 42 f,000

17. Master matenals Iconses of broadscope issued to Govemment agenoes

18. Department of Energy: So $1,168.000 A. Certificates of Comphance . ........

1,964,000 B. Uranium Mill Taihng Radiation Control Act (UMTRCA) activides 1 Annual fees will be assessed based on whether a heensee held a vahd I, cense with the NRC authonzmg possession and use of radioar:trve matenal dunng the fiscal year. However, the annual fee is waived for those matenals hcensees and holders of certificates, registrations, and ap-provats who either filed for termmation of their Icenses or approvals or filed for possession onfy/ storage teenses pnor to October 1,1997, and permanently ceased licensed activitees entirely by September 30,1997. Annual fees 1or hcensees who filed for termination of a heense, down-grade of a heense, or for a POL dunng the fiscal year and for new heenses issued dunng the fiscal year will be prorated in accordance with the provsssons of $171,17. If a person holds more than one hcense, certifcate, registration, or approva', the annual fee (s) will be assessed for each ficense, certifcate, registration, or approval held by that person. For heenses that puthonze more than one actrvrty on a single teense (e.g.,

human use and irradiator activities), annual fees will be assessed for each category apphcable to the Icense. Licensees paying annual fees under Category 1.A.(1) are not subject to the annual fees of Category 1.C and 1.D for sealed sources authonzed in the icense, a Payment of the prescribed annual fee does not automatically renew the hcense, ceruficate, registration, or approval for which the fee is paid.

Renewal applications must be filed m accordance with the requirements of Parts 30,40,70. 71, or. 72 of this chapter, a Each fiscal year, fees for these matenais hcenses will be calculated and assessed m accordance w,th $171.13 and will be pubhshed in the Federal Regleter for notco and comment.

• A Class 1 Icense includes mill hcenses issued for the extraction of uranium from uranium ore. A Class il Icense includes solubon mining li-censes (irksitu and heap leach) issued for the extraction of uranium from uranium ores including researm and development Icenses. An other" imense includes hcenses for extraction of metals, heavy metals, and rare earths.

e Two hcenses were issued by NRC tor land disposal of speoal nuclear matenal. Once NRC issues an LLW disposal license for byproduct and source matenal, the Commissen w;ll consider estabhshing an annual fee for this type of hcense.

' Standardized spent fuel facilities,10 CFR Parts 71 and 72 Certificates of Comphance, and specal reviews, such as topical reports, are not assessed an annual fee because the genenc costs of regutating these activities are pnmarily attnbutable to the users of the designs, certificates, and topcal reports.

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

e No annual fee .. aarged because it is not practcal to ar, minister due to the relatively short hfe or temporary nature of the Icense.

Ftd:rtl Regist:r/Vol. 63. No.111/ Wednesday, June 10,1998/ Rules and Regulations 31801

. eSeperate annud t2es wm not t>3 ssssssed for pacemakst hcensss issued to ned(a r.sntutof.s who also hold nuclear medicine licenses under Categonzs 78 or 7C.

4 This includes Cenificates of Comphance issued to DOE that are not under the Nucleet Waste Fund.

(e) The activities comprising the FY fee on the anniversary date of the agencies endeavor to fit regulatory and 1995 surcharge are as follows: license. Payment is due on the invoice informational requirements. consntent with (1) LLW disposal generic activities; date and interest accrues from the date applicable statutes, to a scale commensurate (2) Activities not attributable to an of the invoice. However, interest will be w th the businesses, organizations, and existing NRC licensee or classes of g vernment jurisdicti ns t which they waived if pasment is received within 30 P '

licensees; e.g., international cooperative days from th'e invoice date- req e hat agene s co' P "f the mpact of safety program and international (c) Annual fees in the amount of their actions on small ertities. If the agency safeguards activities; support for the $100,000 or more and described in the cannot certify that a rule will not Agreement State program; site Federal Register notice pursuant to significantly impact a substantial number of decommissioning management plan S 171.13 must be paid in quarterly small entities, then a regulatory flexibility (SDMP) activities; and installments of 25 percent as billed by analysis is required to examine the impacts (3) Activities not currently assessed the NRC. The quarters begin on October n small entities and the alternatives to licensing and inspection fees under 10 1. January 1. April 1, and July 1 of each "N sin $ con [de fng these impacts CFR Part 170 based on existing law or fiscal year. under the Regulatory Flexibility Act (RFA).

Commission policy, e g., reviews and (d) Annual fees ofless than $100.000 first the NRC adopted size standards for inspections conducted of nonprofit must be paid as billed by the NRC. As determining which NRC licensees qualify as educational institutions and Federal established in FY 1996, materials small entitles (50 FR 50241; December 9.

agencies; activities related to license annual fees that are less than 1985). These size standards were clarified on decommissioning and reclamation and $100,000 are billed on the anniversary November 6,1991 (56 Fk 56672). On April date of the license.The material, 7,1994 (59 FR 16513), the Small Business costs that would not be collected from n(SBA ls 'd lrule small entities based on Commission pohcy in accordance with the licensees that are billed on the $dQSj,i,,

, g nd tds 'I' A anniversary date of the license are those adjusted its receipts. based size standards Regulatory Flexibility Act. covered by fee categories 1.C. and 1.D.; levels to mitigate the effects of inflation from

. . . . . 2.A.(2) through 2.C.; 3.A. through 3.P.; 1984 to 1994. On November 30,1994 (59 FR

14. Section 171.19 is revised to read 4.B. through 9.D.; and 10.B. For annual 61293), the NRC published a proposed rule as follows: fee purposes, the anniversary date of the to amend its size standards. After evaluating license is considered to be the first day the two comments received, a final rule that

$ 171.19 Payment. of the month in which the original would revise the NRC's size standards as license was issued by the NRC. 5d d oped and app v d by (a) Method of payment. Annual fee payments, made payable to the U.S. Beginning June 11,1996, the effective QB$ b e . 5 99,, ,

published the final rule revising its size Nuclear Regulatory Commission, are to date of the FY 1996 final rule, licensees standards on April 11,1995 (60 FR 18344).

be made in U.S. funds by check, draft, that are billed on the license The revised standards became effective May .

money order, credit card, or electronic anniversary date will be assessed the 11.1995. The revised standards adjusted the 1 funds transfer such as ACH (Automated annual fee in effect on the anniversary NRC receipts-based size standards from $3.5 j Clearing House) using EDI (Electronic date of the license. Materials licenses million to 55 million to accommodate Data Interchange). Federal agencies may subject to the annual fee that are inflation and to conform to the SBA final also make payment by the On line terminated during the fiscal year but a1 e 'd $*P te Payment and Collection System nor to the anniversary month of the mleMN , , d r pri ate pr c, '

(OPAC's). Where specific payment {icense will be billed upon terminationphysicians and applied a receipts. based size standard of 55 million to this class of instructions are provided on the for the fee in effect at the time of the licensees. This mirrored the revised SBA invoices to applicants and licensees, billing. New materials licenses subject standard of 55 million for medical payment should be made accordingly, to the annual fee will be billed in the practitioners. The NRC also established a size e.g. invoices of $5,000 or more should month the license is issued or in the standard of 500 or fewer employees for next available monthly billing for the business concerns that are manufacturing be paid via ACH through NRC's Lockbox Bank at the address indicated fee in effect on the anniversa date of 'jiji(Th tandard }9 is

,t,he id, mos,d b 6 Y

on the invoice. Credit card payments the license. Thereafter, annua fees for standard applicable to the types of should be made up to the limit new licenses will be assessed in the

, manufacturing industries that hold an NRC estabhshed by the credit card bank, in anmversary month of the license, license.

accordance with specific instructions Dated at Rockville, Maryland, this 22nd The NRC used the revised standards in the provided with the invoices, to the day of May,1998. final FY 1995. FY 1996, and FY 1997 fee .

rules and is continuing their use in this FY t

Lockbox Bank designated for credit card For the Nuclear Regulatory Commission.

1998 final rule. The small entity fee l

l Payments. ,

lesse L Funches, categories in 5171.16(c) of this final rule l l (b) For FY 1998, the Commission will Chief Financial Officer. reflect the changes in the NRC's size '

adjust the fourth querterly invoice for . standards adopted in FY 1995. A new Note: The followin ap endix will not operating power reactors and certain max mum small entity fee for manufacturmg 8pPear in the Code o ral Regulations-materials licensees to recover the full indJstries with 35 to 500 employees was i 1

amount of the revised annual fee. If the Appendix A to This Final Rule--Regulatory established at s1.800 and a lower tier small amounts collected in the first three Flexibility Analysis for the Amendments to entity fee of $400 was established for those quarters exceed the amount of the 10 CFR Part 170 (License Fees) and 10 CFR manufacturing industries with less than 35 revised annual fee, the overpayment Part 171 ( Annual Fees) employees. The lower-tier receipts-based will be refunded. All other licensees. or I. Back8round to reflect approximate!)5" the *same percentage holders of a certificate, registration, or The Regulatory Flexibility Act of1980 as adjustment as that made by the SBA when approval of a QA program will be sent amended. (5 U.S C 60t et seq ) establishes as they adjusted the receipts-based standard a bill for tha full amount of the annual a principle of regulatory practice that frorn 53.5 million to 55 milhon. The NRC L_____________ _ _ _ _

10,1998 / Rules and Regulations ,

31862 ' Federal Register / Vol. 63, No.111/ Wednesday, June to get rid of the materials license

• believes that continuing these actions for FY governmental jurisdictions. The second is toaltogether. Commenters stateu that the 1998 will reduce the impact of annual fees provide the Congress with the opportunity to '

proposed rule would result in about 10 on small businesses The NRC site standards reuew agency rulet before the go into effect.percent of the well logging hcensees Under this legulation, the NRC fee rule, are codified at to CFR 2 810 terminating their licenses immediately Public Law 101-508. the Omnibus Budget published annually,is considered a " major" rule and therefore must be reviewed by approximately 25 percent terminatmg their Reconciliation Act of 1990 (OBRA-90}, licenses before the next annual assessment.

required that the NRC recover approximately the ruleCongress and the Section becomes effective. Comptroller 312 of General the ~Some before companies would go out of business.

100 percent ofits budget authority, less One commenter noted that the proposal Act provides that for each rule for which an appropnations from the Nuclear Waste Fund. agency prepared a final regulatory would put it, and several other small flexibility for Fiscal Years (FY11991 through 1995 by companies, out of business or, at the very analysis, the agency shall prepare a guide to

. assessing license and annual fees. OBRA-90 assist small entities in compiymg with the jeast, make it hard to survive.

was amended in 1991 to extend the 100 rule. The NRCN guide is Attachment 1 to -Some companies would have budget percent recovery requirement for NRC problems. Many medical licensees through 1998. For FY 1991, the amount for Appendix A of this final rule. A regulatory flexibility analysis is prepared for the commented that, in these times of slashed collection was about 5445.3 million; for FY reimbursements, the proposed increase of 1992, about 5492.5 million; for FY 1993 proposed and final NRC fee rules as implemented by 10 CFR Part 170 and 171 of the existing fees and the introduction of about $518.9 million; for FY 1994 about 5513 additional fees would significantly affect mi!! ion; for FY 1995 about 3503.6 million; for the Commission's regulations. Therefore, in compliance with the law, Attachment 1 to their budgets. Another noted that,in view FY 1996 about 5462.3 million; for FY 1997 of the cuts by Medicam and other third about 5462.3 million; and the amount to be this Regulatory Flexibility Analysis is the collected for FY 1998 is approximately srnall entity compliance guide for FY 1998- party carriers, the fees would produce a hardship and some facilities would 8 mWon. II.1mpact on SmaD Entities experience a great deal of difficulty in To comply with OBRA-90, the The comments received on the proposed meeting this additional burden.

Commission amended its fee regulations in FY 1991-1997 fee rule revisions and the Since FY 1991 when annual fees were first 10 CFR Pans 170 and 171 in FY 1991 la6 FR small entity certifications received in established, approximately 3,000 license, 31472; July 10,1991), in FY 1992 (57 FR response to the final FY 1991-1997 fee rules approval, and registration termmations have 32691; July 23,1992), in FY 1993 (58 Fg indicate that NRC licensees qualifying as 38666; July 20,1993), in FY 1994 (59 FR been, requested. Although some of these small entities under the NRC's size standards termmations were requested because the 36895; July 20,1994), in FY 1995 (60 FR 32218; June 20.1995), in FY 1996 (61 FR are primarily those licensed under the NRC's liynse was no longer neede,d or licenses materials program. Therefore, this analysis 16203; April 12,1996), and in FY 1997(62 will focus on the economic impact of the registrations could,be combined, indications FR 29194; May 29.1997) based on a careful are that other termination requests were due evaluation of over 1,000 comments. These annual fees on materials licensees. to the economic impact of the fees.

The Commission's fee regulations result in final rules established the methodology u>ed The NRC continues to receive written and substantial fees being charged to those by NRC in identifying and determining the oral comments from small matenals individuals, organizations, and companies licensees. These commenters previously fees assessed and collected in FYs 1991~ that are licensed under the NRC materials 1997. indicated that the 53.5 million threshold for PfD8ND Of these materials licensees, about small entities was not representative of srr The NRC indicated in the FY 1995 final rule that it would attempt to stabilize annual 20 percent (approximately 1.400 licensees) businesses with gross receipts in the have requested small entity certification in thousands of dollars. These commenters fees as follows. Beginning in FY 1996,it the past. In FY 1993, the NRC conducted a would adsust the annual fees only by the believe that the 51.800 maximum annual fee survey of its matenals licensees. The results represents a relatively high percentage of percentage change (plus or minus) in NRC's total budget authority unless there was a of this survey indicated that about 25 percent gross annual receipts for these " Mom and of these licensees could quahfy as small Pop" type businesses. Therefore, even the substantial change in the total NRC budget entities under the current NRC size reduced annual fee could have a significant authority or the magnitude of the budget standards.

allocated to a specific class of licensees, in Irnpact on the ability of these types of The commenters on the FY 1991-1994 businesses to continue to operate.

which case the annual fee base would be Proposed fee rules indicated the followsng recalculated (60 FR 32225; June 20.1995). , To alleviate the continuing significant results if the proposed annual fees were not unpact of the annual fees on a substantial The NRC also indicated that the percentage modified: number of small entities, the NRC considered change would be adjusted based on changes in the 10 CFR Part 170 fees and other

~Large firms would gain an unfair ' danee i adjustments as well as an adjustment for the competitive advantage over small entities, af mat ,e es , yv number oflicensees paying the fees. As a One commenter noted tuat a small well- f 4 wing rules: W M1 (56 R 31472; July result, the NRC is establishing the FY 1998 logging company (a " Mom and Po type 10,1991), FY 1992 (57 FR 32691; July 2:1, annual fees for all licensees at about 0.1 of operation) would find it difficu to m2). W m3 (58 FR 38666 duly 20, M3),

percent below the FY 1997 exact (prior to absorb the annual fee, while a large W M (59 R 368950uly 20, M), N rounding) annual fees. Based on this small corporation would find it easier, Anotner 1995 (60 FR 32218; june 20,1995), FY 1996 change, the FY 1998 annual fees (rounded) commenter noted that the fee increase (61 FR 16203; April 12,19%), and FY 1997 for rnany fee categories are the same as the could be more easily absorbed by a high- $2 R 2N May 29, M4 he volume nuclear medicine clinic. A gauge alternatives considered by the NRC can be FY 1997 annual fees. B'ecause there has not been a substantial change in the NRC budget licensee noted that. In the very competitive summarized as follows.

or in the magnitude of a specific budget soils testing market, the annual fees would -Base fees on some measure of the amount allocation to a class oflicensees, the NRC has put it at an extreme disadvantage with its of radioactivity possessed by the licensee continued to stabilize annual fees by much larger competitors because the (e g4 number of sources).

following the same method used for FY 1996 proposed fees would be the same for a two. -Base fees on the frequency of use of the and FY 1997 to establish the FY 1998 annual person licensee as for a large firm with licensed radioactive material (e g.. volume

~

thousands of employees.

fees. of Patients).

Public Law 104-121. the Contract with -Some firms licenses. Onewould be forced commenter, to cancel with receipts of their -Base fees on the NRC size standards for America Advancement Act of1996. was less than 5500.000 per year, stated that the small entities.

signed into law on March 29,1996. Title !!! The NRC has reexamined the FY 1991-of the law is entitled the Small Business proposed rule would,in effect. force it to relinquish its soil density gauge and 1997 evaluations of these alternatives. Based Regulatory Enforcement Faimess Act of 19% on that reexamination, the NRC continues &

(SBREFA). The SBREFA has two purposes. license, thereby reducing its ability to do its work effectively. Another commenter believe that establishment of a maximum The first is to reduce regulatory burdens for small entities is the most appropriate imposed by Federal aeencies on small noted that the rule would force the businesses, nonprofit organizations and company and many other small businesses option to reduce the impact on small entit..

I Federal Register /Vol. 63. No. til/ Wednesday, June 10,1998 / Rules and Regulations 31863 The NRC estabbshed, and will continue for substantial number of s all entities A FY 1998, a rnaumum annual fee for small annual im assessed under to CfR Part 171 maumum fee for snall"tities strikes a The NRC. in comphance with the Regulaton entities The RFA arid its implementing g guidance do not provsde spmfir guidehnes balance oetween the rewrement to collect Flexibihty Act of 1980 (KFA). has established

') 100 percent of the NRC badet sti the separate annual fees for those materials j on what constitutes a significant economic t 4 impact on a strall entity. Therefore, the NRC requirement to contder means of reducing the impact of the fee on small entities. On the licensees who meet the NRC's size standards has m benchmark to assist it in determining basis of its regulatory flexibility analyses. the for small entities. These size standards, '

i the arrount o: the percent of gress receipts NRC concludes that a mautnum ,.inual fee de eloped in consultation with the Small

'hnt should be charged to a small entity. For Business Admmistration, were ievised by the of $1.800 for srnail entities and a lower. tier FY 1998, the NRC will rely on the anal) sis small entity annual fee of 5400 for small NRC and became effective on May 11,1995 previously completed that established a The small entity size standards are found at businesses and not-for. profit organizations maximum annual fee for a small entity and with gross annual receipts ofless than 10 CFR 2.810 of the NRC's regulations To the amount of costs that must be recoveted 5350.000. small governmental jurisdictions c mp yj with the RFA the NRC has from other NRC licensees as a result of with a populatic, of less thar. 20.000, small estabbshed two tiers of small-entity fees.

establishing the maximum annual fees.

manufacturing entities that have less than 35 These fees are found at to CFR 171.16(c) of The NRC continues to beheve that the 10 employees and educational institutions that the NRC s fee regulations.

l CFR Part 170 license fees (apphcation and l amendmand, or any adjustments to these are not State or publicly supported and have Licenses who meet NRC's size standards licensing fees durir g the past year. do not les: then 35 employees reduces the impact for a small entity must complete NRC Form have a signifkant impact on small entities in on small entities. At the same time, these 526 in order to qualify for the reduced annual i issuing this final rule for FY 1998, the NRC reduced annual fees are consistent with the fee. NRC Form 526 will accompany each l l concludes that the to CFR Part 170 materials objectives of OBRA-90. Thus, the fees for annual fee invoice mailed to materials license fees do not have a significant impact small entities maintain a balance between the licensees. The completed form, along with on a substantial number of small entities and objectives of OBRA-90 and the RFA. the appropriate small entity f-e and the Therefore, the analysis and conclusions payment copy of the invoice, should be that the to CFR Part 171 maximum annual

, . small entity fee cf $1.800 be continued. established in the FY 1991-1997 rules mailed to the U.S. Nuclear Regulatory

By maintaining the maximum annual fee remain valid for this final rule for FY 1998. Commission. License Fee and Accounts )

for small entities at 51.800. the annual fee for la compliance with Public Law 104-121,a Receivable Branch. to the address indicated many small entities is reduced while at the small entity compliance guide has been on the invoice.

prepared by NRC and is shown as same time materials licenseet locludin8 Attachment 1 to this Regulatory Flexibility small entities, pay for most of the FY 1998 NRC Definition of Small Entity Analysis.

costs attributable to them. The costs net The NRC,in consultation with the Small recoscred from small entities are allocated to Attachment 1 to Appendix A Business Administration, has defined a small other materials licensees and to operating entity I r Purposes of comph.ance with its power reactors. However, the amount that U. S. Nuclear Regulatory Commission Small regulations. The definition is codified in must be recovered from other licensees as a Entity Compliance Guide, Fiscal Year 1998 NRC's regulations at 10 CFR 2 810. Under the result of maintaining the maximum annual Contents NRC regulation, a small entity is a:

fee is not expected to increase significantly.

Therefore, the NRC is continuin . for FY Intr duction

1. Small business-a for. profit concern thst 1998, the maximum t.anual fee ase annual in n of SmaH Enuty provides a service or a concern not engaged fee plus surcha el for certain small ent ties Ent in manufacturing with average gross receipts c7g , Ior ompfeting !"RC Form 526 f 35 million or less over its last 3 completed at 51,800 for eac fee category covered by fiscal years; each license issued to a small enhty. j{

Introduction 2. Manufacturing industry-a While reducing the impact on many small entities, the Cornmission agrees that the The Small Business Regulatory manufacturing concun with an avnage maximurn annual fee of 51,800 for small Enforcernent Fairness Act of1996 (SDREFA) numbn of 500 or fewn employees based entities, when added to the Part 170 license requ res all Federal agencies to re re a upon employment during each pay period for I written the precedingas 12 calendar months; fees, rnay continue to have a significant impact on materials licensees with annual defined kuide for each "rnajor" knafrule y the Act. The NRC's fee rule 3. Small organization-a not-for. profit published annually to comply with thf organization which is independently owned he te s in 1 92 1997, the RC s Omnibus Budget Reconciliation Act of1990 and operald and has annue: poss receipts continuing the lower tier small entity annual (OBRA-90) which requires the NRC to collect of 55 million orless; fee of 5400 for small entities witt relatively approximately 100 percent ofits budget 4. Small governmental jurisdiction-a low ss annual receipts. The lower tier authority each year through fees. meets the government of a city, county. town, smal ntity fee of 5400 also applies to thresholds for being considered a " major" township, village, school district or special rnanufacturing concerns, and educational rule under the SflREFA. Therefore,in district with a population ofless than 50,000; institutions not State or publicly supported, compliuice with the law, this small entity 5. Srnell educational institution-an with less than 35 employees. This lower tier cornpliance guide has been prep 6ted for FY 2 mall entity fee was first established in the educational institution supported by a ,

1998. The purpose of this guide is to assist qualifying small governmental jurisdiction, i final rule published in the Federal Register on April 17,1992 (57 FR 13625) and now small entities la complying with the NRC fee or one that is not state or publicly mpprted rule. j and has 500 or 8e wer employees.'

includes manufacturing compuies with a This ide is designed to aid NRC i

relatively small number of employees. materia s licensees. The information NRC Small Entity Fees provided in this guide may be used by The NRC has established two tiers on,small-III Stunmar7 licensees to determine whether they qualify entity fees for licensees that qualify under the The NRC has determined thst the to CFR as a small entity under NRC regulations and Part 171 annual fees significantly impact a NRC's size standards. Currently, these fees are therefore eligible to pay reduced FY 1998 are as follows:

I l

[

l 8 An educationalinstitution referred to in the nationally recognized accrediting agency or l i

size standards is an entpy whose primary function provides an educational program for which it j association. who is legally authorized to provide a awards academic degrees. and whose educanonal ~

is educanon. whose programs are accredaed by a program of organized instruction or study. who programs are available to the pubhc.

l 31864 Fed:rd Regishr/Vol. 63. No. til /Wefnesday. June 10.1998 / Rules and Regulations ,

Maumum annual fee

[

per licem%

categot Small Business Not Engaged in Manufactunng and Small Not.For Profit Organizations (Gross Annua! Receipts);

$350.000 to 55 mdhen . $1.800 Less than $350.000 .._, , 400 Manufactunng entities that havt an average of 500 employees or less:

35 to 500 employees . 1,800 Less than 35 empeyees . 400 Small Govemmental Junsdictions (Inciuorng public'y supported educational institutions) (Population):

20.000 to 50.000 _ . . . . _ 1.800 Less than 20.000 . .._ ._ .. . . . . ~ 400 Educational Institutions tnat are not State or Pubhcly Supported, and have 500 Employees or Less:

35 to 500 employees - 1.800 Less than 35 employees . .. 400 To pay a reduced annual fee, a licensee whatever form received or accrued from amount shown on the invoice but rather one-must use NRC Form 52ti. enclosed with the wh. tever sources, not solely receipts from half of the maximum annual fee shown on fee invoice, to certify that it meets NRC's size licensed activities. There are limited NRC Fonn 526 for the size standard under standards for a small entity. About 1.400 exceptions as set forth at 13 CFR 121.104. which the licensee qualifies, resulting in a licensees certify each year that they qualify These are: the term receipts excludes net fee of either 5900 or $200 for each fee as a small entity under the NRC size capital gains or losses. taxes collected for and category billed instead of the full small entity standards and pay a reduced annual fee. remitted to a taxing authority if included in annual fee of $1.800 or 5400.

Approximately 800 licensees pay the small gross or total income proceeds from the 4. A new small entity form (NRC Form 526) entity fee of 1.800 while 600 licensees pay transactions between a concern and its is required to be filed with the NRC each the lower. tier, small. entity fee of 400, domestic or foreign affiliates (if also excluded fiscal year in order to qualify for reduced fees fr m gmss or totalincome on a consolidated for that fiscal year. Because a licensee's Instructions for Completing NRC Form 526 return filed with the IRS), and amounts .. size." or the size standards, may change

1. File a separate NRC Form 526 for each collected for another by a travel agent, real g.om year to year, the invoice reflects the full annual fee invoice received. estate agent, advertising agent, or conference fee and a new Form must be completed and

2. Complete all items on NRC Form 526 as I follows: management service (3) A licensee who provider' diary of areturned is a subsi large for the fee to be reduced to the small entity fee. LICENSEES WILL NOT BE

a. The license number and invoice number entity does not qualify as a small entity.

must be entered exactly as they appear on the (4) The owner af the entity, or an official ISSOED A NEW INVOICE FOR THE REDUCED AMOUNT.The completed NRC annual fee invoice. empowered to act ou behalf of the entity,

b. The Standard Industrial Classification rnust sign and date the small entity Form 526.the payment of the appropriate certification. small entity fee, and the Payment Copy , o (SIC) Code should be entered if it is known.

c. The licensee's name and address must be 3. The NRC sends invoices to its licensees the invoice should be mailed to the U. S.

entered as they appear on the invoice. Name for the full annual fee, even though some Nuclear Regulatory Commission. License Fee and/or address changes for billing purposes entities qualify for reduced fees as a small and Accounts Receivable Branch at the must be annotaad on the invoice. Correcting entity. Licensees who qualify as a small addres. Indicated on the invoice.

the name and/or addntss on NRC Form 526 entity and file NRC Form 526. which certifies 5. Questions regarding fee invoices may be or on the invoice does not constitute a eligibility for small entity fees, may pay the posed orally or in writing. Please call the request to amend the license. Any request to reduced fee, which for a full year is either license fee staff at 301-415-7554 or write to amend a licen s is to be submitted to the 51.800 or 5400 depending on the size of the the U.S. Nuclear Regulatory Commission, respective licensing staffs in the NRC entity, for each fee category shown on the Washington. DC 20555, Attention: Offica of Regional or Headquarters Offices. invoice. Licensees granted a license during the Chief Financial Officer.

d. Check the appropriate size standard the first six months of the fiscal year and 6. False certification of small entity status under which the licensee qualifies as a small hcensees who file for termination or for a could result in civil sanctions being imposed entity. Check one box only. Note the possession only license and permanently by the NRC pursuant to the Program Fraud following: cease licensed activities during the first six Civil Remedies Act. 31 U.S C. 3801 et. seg-(1) The size standards apply to the months of the fiscal year pay only 50 percent NRC's implementing regulations are found at licensee, not the individual authorized users of the annual fee for that yest. Such an to CFR Part 13.

listed in the license, invoice states the " Amount Billed Represents (2) Gross annual receipts as used in the 50% Proration." This means the amount due [FR Doc. 98-15140 Filed 6.-F98; 8:45 aml size standards includes all revenue in from a small entity is not the prorated sumo coot reco-aw I

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