[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Corrections]
[Pages 5064-5066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-10209]




  Federal Register / Vol. 61, No. 28 / Friday, February 9, 1995 / 
Corrections  

[[Page 5064]]


NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

RIN 3150-AF39


Revision of Fee Schedules; 100% Fee Recovery, FY 1996

Correction

    In proposed rule document 95-1524, beginning on page 2948 in the 
issue of Tuesday, January 30, 1996, make the following corrections.


Sec. 170.21  [Corrected]

    On page 2957, in Sec. 170.21 in the table, in item 5., at the end 
of the second line remove ``Ame''.


Sec. 171.16  [Corrected]

    On page 2962, in the third column, in Sec. 171.16(c), in the table, 
the last entry is corrected to read as follows:

------------------------------------------------------------------------
                                                               Maximum  
                                                              annual fee
                                                                 per    
                                                               licensed 
                                                               category 
------------------------------------------------------------------------
  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
------------------------------------------------------------------------

    On the same page, in Sec. 171.16(d), because of numerous errors the 
table is being republished in its entirety.

               Schedule of Materials Annual Fees and Fees for Government Agencies Licensed by NRC               
                                         [See footnotes at end of table]                                        
----------------------------------------------------------------------------------------------------------------
                                                                                                    Annual fees 
               Category of materials licenses                                                       \1\ \2\ \3\ 
----------------------------------------------------------------------------------------------------------------
1. Special nuclear material:                                                                                    
    A.(1) Licenses for possession and use of U-235 or                                                           
     plutonium for fuel fabrication activities.                                                                 
        (a) Strategic Special Nuclear Material:                                                                 
            Babcock & Wilcox...............................  SNM-42                                   $2,404,000
            Nuclear Fuel Services..........................  SNM-124                                   2,404,000
        (b) Low Enriched Uranium in Dispersable Form Used                                                       
         for Fabrication of Power Reactor Fuel:                                                                 
            Combustion Engineering (Hematite)..............  SNM-33                                    1,180,000
            General Electric Company.......................  SNM-1097                                  1,180,000
            Siemens Nuclear Power..........................  SNM-1227                                  1,180,000
            Westinghouse Electric Company..................  SNM-1107                                  1,180,000
    (2) All other special nuclear materials licenses not                                                        
     included in Category 1.A.(1) which are licensed for                                                        
     fuel cycle activities.                                                                                     
        (a) Facilities with limited operations:                                                                 
            B&W Fuel Company...............................  SNM-1168                                    469,400
        (b) All Others:                                                                                         
            General Electric...............................  SNM-960                                     318,800
    B. Licenses for receipt and storage of spent fuel at an                                              261,100
     independent spent fuel storage installation (ISFSI).                                                       
    C. Licenses for possession and use of special nuclear                                                  1,200
     material in sealed sources contained in devices used                                                       
     in industrial measuring systems, including x-ray                                                           
     fluorescence analyzers.                                                                                    
    D. All other special nuclear material licenses, except                                                 2,800
     licenses authorizing special nuclear material in                                                           
     unsealed form in combination that would constitute a                                                       
     critical quantity, as defined in Sec.  150.11 of this                                                      
     chapter, for which the licensee shall pay the same                                                         
     fees as those for Category 1.A.(2).                                                                        
    E. Licenses for the operation of a uranium enrichment                                               \11\ N/A
     facility.                                                                                                  
2. Source material:                                                                                             
    A.(1) Licenses for possession and use of source                                                      598,100
     material for refining uranium mill concentrates to                                                         
     uranium hexafluoride.                                                                                      
    (2) Licenses for possession and use of source material                                                      
     in recovery operations such as milling, in-situ                                                            
     leaching, heap-leaching, ore buying stations, ion                                                          
     exchange facilities and in processing of ores                                                              
     containing source material for extraction of metals                                                        
     other than uranium or thorium, including licenses                                                          
     authorizing the possession of byproduct waste material                                                     
     (tailings) from source material recovery operations,                                                       
     as well as licenses authorizing the possession and                                                         
     maintenance of a facility in a standby mode..                                                              
        Class I facilities \4\.............................                                               57,000
        Class II facilities \4\............................                                               32,200
        Other facilities \4\...............................                                               20,600
    (3) Licenses that authorize the receipt of byproduct                                                  41,800
     material, as defined in Section 11e.(2) of the Atomic                                                      
     Energy Act, from other persons for possession and                                                          
     disposal, except those licenses subject to the fees in                                                     
     Category 2.A.(2) or Category 2.A.(4).                                                                      
    (4) Licenses that authorize the receipt of byproduct                                                   7,400
     material, as defined in Section 11e(2) of the Atomic                                                       
     Energy Act, from other persons for possession and                                                          
     disposal incidental to the disposal of the uranium                                                         
     waste tailings generated by the licensee's milling                                                         
     operations, except those licenses subject to the fees                                                      
     in Category 2.A.(2).                                                                                       
    B. Licenses which authorize only the possession, use                                                     450
     and/or installation of source material for shielding.                                                      
    C. All other source material licenses..................                                                8,100
3. Byproduct material:                                                                                          
    A. Licenses of broad scope for possession and use of                                                  15,400
     byproduct material issued pursuant to parts 30 and 33                                                      
     of this chapter for processing or manufacturing of                                                         
     items containing byproduct material for commercial                                                         
     distribution.                                                                                              
    B. Other licenses for possession and use of byproduct                                                  5,200
     material issued pursuant to part 30 of this chapter                                                        
     for processing or manufacturing of items containing                                                        
     byproduct material for commercial distribution.                                                            
    C. Licenses issued pursuant to Secs.  32.72, 32.73, and/                                              10,400
     or 32.74 of this chapter authorizing the processing or                                                     
     manufacturing and distribution or redistribution of                                                        
     radiopharmaceuticals, generators, reagent kits and/or                                                      
     sources and devices containing byproduct material.                                                         
     This category also includes the possession and use of                                                      
     source material for shielding authorized pursuant to                                                       
     part 40 of this chapter when included on the same                                                          
     license.                                                                                                   
    D. Licenses and approvals issued pursuant to Secs.                                                     4,100
     32.72, 32.73, and/or 32.74 of this chapter authorizing                                                     
     distribution or redistribution of                                                                          
     radiopharmaceuticals, generators, reagent kits and/or                                                      
     sources or devices not involving processing of                                                             
     byproduct material. This category also includes the                                                        
     possession and use of source material for shielding                                                        
     authorized pursuant to part 40 of this chapter when                                                        
     included on the same license..                                                                             

[[Page 5065]]
                                                                                                                
    E. Licenses for possession and use of byproduct                                                        2,900
     material in sealed sources for irradiation of                                                              
     materials in which the source is not removed from its                                                      
     shield (self-shielded units).                                                                              
    F. Licenses for possession and use of less than 10,000                                                 3,500
     curies of byproduct material in sealed sources for                                                         
     irradiation of materials in which the source is                                                            
     exposed for irradiation purposes. This category also                                                       
     includes underwater irradiators for irradiation of                                                         
     materials in which the source is not exposed for                                                           
     irradiation purposes.                                                                                      
    G. Licenses for possession and use of 10,000 curies or                                                18,200
     more of byproduct material in sealed sources for                                                           
     irradiation of materials in which the source is                                                            
     exposed for irradiation purposes. This category also                                                       
     includes underwater irradiators for irradiation of                                                         
     materials in which the source is not exposed for                                                           
     irradiation purposes.                                                                                      
    H. Licenses issued pursuant to subpart A of part 32 of                                                 4,600
     this chapter to distribute items containing byproduct                                                      
     material that require device review to persons exempt                                                      
     from the licensing requirements of part 30 of this                                                         
     chapter, except specific licenses authorizing                                                              
     redistribution of items that have been authorized for                                                      
     distribution to persons exempt from the licensing                                                          
     requirements of part 30 of this chapter.                                                                   
    I. Licenses issued pursuant to subpart A of part 32 of                                                 8,200
     this chapter to distribute items containing byproduct                                                      
     material or quantities of byproduct material that do                                                       
     not require device evaluation to persons exempt from                                                       
     the licensing requirements of part 30 of this chapter,                                                     
     except for specific licenses authorizing                                                                   
     redistribution of items that have been authorized for                                                      
     distribution to persons exempt from the licensing                                                          
     requirements of part 30 of this chapter.                                                                   
    J. Licenses issued pursuant to subpart B of part 32 of                                                 3,500
     this chapter to distribute items containing byproduct                                                      
     material that require sealed source and/or device                                                          
     review to persons generally licensed under part 31 of                                                      
     this chapter, except specific licenses authorizing                                                         
     redistribution of items that have been authorized for                                                      
     distribution to persons generally licensed under part                                                      
     31 of this chapter.                                                                                        
    K. Licenses issued pursuant to subpart B of part 31 of                                                 3,000
     this chapter to distribute items containing byproduct                                                      
     material or quantities of byproduct material that do                                                       
     not require sealed source and/or device review to                                                          
     persons generally licensed under part 31 of this                                                           
     chapter, except specific licenses authorizing                                                              
     redistribution of items that have been authorized for                                                      
     distribution to persons generally licensed under part                                                      
     31 of this chapter.                                                                                        
    L. Licenses of broad scope for possession and use of                                                  11,400
     byproduct material issued pursuant to parts 30 and 33                                                      
     of this chapter for research and development that do                                                       
     not authorize commercial distribution.                                                                     
    M. Other licenses for possession and use of byproduct                                                  5,100
     material issued pursuant to part 30 of this chapter                                                        
     for research and development that do not authorize                                                         
     commercial distribution.                                                                                   
    N. Licenses that authorize services for other                                                               
     licensees, except:                                                                                         
        (1) Licenses that authorize only calibration and/or                                                     
         leak testing services are subject to the fees                                                          
         specified in fee Category 3P; and                                                                      
        (2) Licenses that authorize waste disposal services                                                5,600
         are subject to the fees specified in fee                                                               
         Categories 4A, 4B, and 4C.                                                                             
    O. Licenses for possession and use of byproduct                                                       13,000
     material issued pursuant to part 34 of this chapter                                                        
     for industrial radiography operations. This category                                                       
     also includes the possession and use of source                                                             
     material for shielding authorized pursuant to part 40                                                      
     of this chapter when authorized on the same license.                                                       
    P. All other specific byproduct material licenses,                                                     1,600
     except those in Categories 4A through 9D.                                                                  
4. Waste disposal and processing:                                                                               
    A. Licenses specifically authorizing the receipt of                                                \5\94,400
     waste byproduct material, source material, or special                                                      
     nuclear material from other persons for the purpose of                                                     
     contingency storage or commercial land disposal by the                                                     
     licensee; or licenses authorizing contingency storage                                                      
     of low-level radioactive waste at the site of nuclear                                                      
     power reactors; or licenses for receipt of waste from                                                      
     other persons for incineration or other treatment,                                                         
     packaging of resulting waste and residues, and                                                             
     transfer of packages to another person authorized to                                                       
     receive or dispose of waste material.                                                                      
    B. Licenses specifically authorizing the receipt of                                                   13,300
     waste byproduct material, source material, or special                                                      
     nuclear material from other persons for the purpose of                                                     
     packaging or repackaging the material. The licensee                                                        
     will dispose of the material by transfer to another                                                        
     person authorized to receive or dispose of the                                                             
     material.                                                                                                  
    C. Licenses specifically authorizing the receipt of                                                    7,100
     prepackaged waste byproduct material, source material,                                                     
     or special nuclear material from other persons. The                                                        
     licensee will dispose of the material by transfer to                                                       
     another person authorized to receive or dispose of the                                                     
     material.                                                                                                  
5. Well logging:                                                                                                
    A. Licenses for possession and use of byproduct                                                        7,500
     material, source material, and/or special nuclear                                                          
     material for well logging, well surveys, and tracer                                                        
     studies other than field flooding tracer studies.                                                          
    B. Licenses for possession and use of byproduct                                                       12,200
     material for field flooding tracer studies.                                                                
6. Nuclear laundries:                                                                                           
    A. Licenses for commercial collection and laundry of                                                  13,600
     items contaminated with byproduct material, source                                                         
     material, or special nuclear material.                                                                     
7. Human use of byproduct, source, or special nuclear                                                           
 material:                                                                                                      
    A. Licenses issued pursuant to parts 30, 35, 40, and 70                                                9,500
     of this chapter for human use of byproduct material,                                                       
     source material, or special nuclear material in sealed                                                     
     sources contained in teletherapy devices. This                                                             
     category also includes the possession and use of                                                           
     source material for shielding when authorized on the                                                       
     same license.                                                                                              
    B. Licenses of broad scope issued to medical                                                          21,700
     institutions or two or more physicians pursuant to                                                         
     parts 30, 33, 35, 40, and 70 of this chapter                                                               
     authorizing research and development, including human                                                      
     use of byproduct material except licenses for                                                              
     byproduct material, source material, or special                                                            
     nuclear material in sealed sources contained in                                                            
     teletherapy devices. This category also includes the                                                       
     possession and use of source material for shielding                                                        
     when authorized on the same license 9.                                                                     
    C. Other licenses issued pursuant to parts 30, 35, 40,                                                 4,300
     and 70 of this chapter for human use of byproduct                                                          
     material, source material, and/or special nuclear                                                          
     material except licenses for byproduct material,                                                           
     source material, or special nuclear material in sealed                                                     
     sources contained in teletherapy devices. This                                                             
     category also includes the possession and use of                                                           
     source material for shielding when authorized on the                                                       
     same license 9.                                                                                            
8. Civil defense:                                                                                               
    A. Licenses for possession and use of byproduct                                                        1,600
     material, source material, or special nuclear material                                                     
     for civil defense activities.                                                                              
9. Device, product, or sealed source safety evaluation:                                                         
    A. Registrations issued for the safety evaluation of                                                   6,700
     devices or products containing byproduct material,                                                         
     source material, or special nuclear material, except                                                       
     reactor fuel devices, for commercial distribution.                                                         
    B. Registrations issued for the safety evaluation of                                                   3,400
     devices or products containing byproduct material,                                                         
     source material, or special nuclear material                                                               
     manufactured in accordance with the unique                                                                 
     specifications of, and for use by, a single applicant,                                                     
     except reactor fuel devices.                                                                               
    C. Registrations issued for the safety evaluation of                                                   1,400
     sealed sources containing byproduct material, source                                                       
     material, or special nuclear material, except reactor                                                      
     fuel, for commercial distribution.                                                                         
    D. Registrations issued for the safety evaluation of                                                     720
     sealed sources containing byproduct material, source                                                       
     material, or special nuclear material, manufactured in                                                     
     accordance with the unique specifications of, and for                                                      
     use by, a single applicant, except reactor fuel.                                                           
10. Transportation of radioactive material:                                                                     
    A. Certificates of Compliance or other package                                                              
     approvals issued for design of casks, packages, and                                                        
     shipping containers.                                                                                       
        Spent Fuel, High-Level Waste, and..................                                                6 N/A
        Other Casks........................................                                                6 N/A
    B. Approvals issued of 10 CFR part 71 quality assurance                                                     
     programs.                                                                                                  
        Users and Fabricators..............................                                               72,800
        Users..............................................                                                  950
11. Standardized spent fuel facilities.....................                                                6 N/A
12. Special Projects.......................................                                              \6\ N/A
13. A. Spent fuel storage cask Certificate of Compliance...                                              \6\ N/A
    B. General licenses for storage of spent fuel under 10                                               261,100
     CFR 72.210.                                                                                                
14. Byproduct, source, or special nuclear material licenses                                              \7\ N/A
 and other approvals authorizing decommissioning,                                                               
 decontamination, reclamation, or site restoration                                                              
 activities pursuant to 10 CFR parts 30, 40, 70, and 72.                                                        
15. Import and Export licenses.............................                                              \8\ N/A
16. Reciprocity............................................                                              \8\ N/A
17. Master materials licenses of broad scope issued to                                                   388,600
 Government agencies.                                                                                           
18. Department of Energy:                                                                                       
    A. Certificates of Compliance..........................                                       \10\ 1,078,000
                                                                                                                

[[Page 5066]]
                                                                                                                
    B. Uranium Mill Tailing Radiation Control Act (UMTRCA)                                             1,813,000
     activities.                                                                                                
----------------------------------------------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing      
  possession and use of radioactive material during the fiscal year. However, the annual fee is waived for those
  materials licenses and holders of certificates, registrations, and approvals who either filed for termination 
  of their licenses or approvals or filed for possession only/storage licenses prior to October 1, 1995, and    
  permanently ceased licensed activities entirely by September 30, 1995. Annual fees for licensees who filed for
  termination of a license, downgrade of a license, or for a POL during the fiscal year and for new licenses    
  issued during the fiscal year will be prorated in accordance with the provisions of Sec.  171.17. If a person 
  holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for   
  each license, certificate, registration, or approval held by that person. For licenses that authorize more    
  than one activity on a single license (e.g., human use and irradiator activities), annual fees will be        
  assessed for each category applicable to the license. Licensees paying annual fees under Category 1.A. (1).   
  are not subject to the annual fees of Category 1.C and 1.D for sealed sources authorized in the license.      
\2\ Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or
  approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of 
  parts 30, 40, 70, 71, or 72 of this chapter.                                                                  
\3\ For FYs 1997 and 1998, fees for these materials licenses will be calculated and assessed in accordance with 
  Sec.  171.13 and will be published in the Federal Register for notice and comments.                           
\4\ A Class I license includes mill licenses issued for the extraction of uranium from uranium ore. A Class II  
  license includes solution mining licenses (in-situ and heap leach) issued for the extraction of uranium from  
  uranium ores including research and development licenses. An ``other'' license includes licenses for          
  extraction of metals, heavy metals, and rare earths.                                                          
\5\ Two licenses have been issued by NRC for land disposal of special nuclear material. Once NRC issues a LLW   
  disposal license for byproduct and source material, the Commission will consider establishing an annual fee   
  for this type of license.                                                                                     
\6\ Standardized spent fuel facilities, parts 71 and 72 Certificates of Compliance, and special reviews, such as
  topical reports, are not assessed an annual fee because the generic costs of regulating these activities are  
  primarily attributable to the users of the designs, certificates, and topical reports.                        
\7\ Licensees in this category are not assessed an annual fee because they are charged an annual fee in other   
  categories while they are licensed to operate.                                                                
\8\ No annual fee is charged because it is not practical to administer due to the relatively short life or      
  temporary nature of the license.                                                                              
\9\ Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions who also    
  hold nuclear medicine licenses under Categories 7B or 7C.                                                     
\10\ This includes Certificates of Compliance issued to DOE that are not under the Nuclear Waste Fund.          
\11\ No annual fee has been established because there are currently no licensees in this particular fee         
  category.                                                                                                     



BILLING CODE 1505-01-D