[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Rules and Regulations]
[Pages 69001-69005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33198]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 354

RIN 3067-AC87


Fee for Services To Support FEMA's Offsite Radiological Emergency 
Preparedness Program

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule establishes the policies and administrative basis 
for FEMA to assess fees on Nuclear Regulatory Commission (NRC) 
licensees to recover the full amount of the funds that we obligate to 
provide services for offsite radiological emergency planning and 
preparedness beginning in Fiscal Year (FY) 1999.

DATES: This rule is effective December 15, 1998. Please submit your 
comments on or before February 16, 1999.

ADDRESSES: We invite your comments on this rule. Please submit them to 
the Rules Docket Clerk, Office of the General Counsel, Federal 
Emergency Management Agency, 500 C Street SW., room 840, Washington, DC 
20472, (telefax) 202-646-4536, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Vanessa E. Quinn, Preparedness, 
Training, and Exercises Directorate, Federal Emergency Management 
Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3664, 
(telefax) 202-646-3508, (email) [email protected].

SUPPLEMENTARY INFORMATION:

Background: A Chronology

     1991. On March 6, 1991, we published in the Federal 
Register (56 FR 9452-9459) a final rule, 44 CFR part 353, that 
established a structure for assessing and collecting user fees from NRC 
licensees. Under 44 CFR part 353, Radiological Emergency Preparedness 
(REP) services provided by FEMA personnel and FEMA contractors were 
reimbursable only if these services were site-specific in nature and 
directly contributed to the fulfillment of emergency preparedness 
requirements needed for licensing by the NRC under the Atomic Energy 
Act of 1954, as amended. Although we are publishing a new approach for 
the assessment and collection of fees from licensees for FY 1999 and 
beyond, part 353 remains in effect and will apply in any subsequent 
fiscal year for which the Congress does not authorize us to collect 
user fees for generic services.
     1992. Pub. L. 102-389, October 6, 1992, 106 Stat. 1571-
1606, expanded reimbursable REP Program activities by authorizing us to 
charge licensees of commercial nuclear power plants fees to recover the 
full amount of the funds anticipated to be obligated for our REP 
Program for FY 1993.
     1993. On July 1, 1993, we published in the Federal 
Register (58 FR 35770-35775) an interim final rule, 44 CFR part 354, to 
establish and set forth the policies and administrative basis for 
assessing and collecting these fees. We reserved the option to reissue 
or amend part 354 for other fiscal years provided that the Congress 
enacted appropriate authority.
     Pub. L. 103-124, September 23, 1993, 107 Stat.1297, 
directed us to continue assessing and collecting fees to recover the 
full amount of the funds anticipated to be obligated for our REP 
Program for FY 1994. In addition, the Administration proposed to assess 
such fees for subsequent fiscal years.
     Using the methodology established by the interim final 
rule, 44 CFR part 354, we calculated the final hourly user

[[Page 69002]]

fee rate for FEMA personnel during FY 1993 at $122.88. On December 13, 
1993, we published a notice to this effect in the Federal Register (58 
FR 65274). The notice explained that we would not publish a final rule 
at that time, pending a reconsideration of the methodology used for FY 
1993 and taking into consideration the comments received on interim 
final rule 44 CFR part 354.
     1994. We continued the methodology established by the 
interim final rule 44 CFR part 354 in effect for FY 1994 by notice in 
the Federal Register (59 FR 26350), published May 19, 1994.
     Using the methodology established by the interim final 
rule, we calculated the final hourly user fee rate for FEMA personnel 
during FY 1994 at $120.79. On November 28, 1994, we published a notice 
to this effect in the Federal Register (59 FR 60792-60793).
     On July 27, 1994, we published a proposed rule in the 
Federal Register, 59 FR 38306--38309, 44 CFR part 354. Predicated on 
Congress passing authorizing legislation, this rule proposed to 
establish fees for FY 1995 assessed at a flat rate based on fiscal year 
budgeted funds for REP Program services performed by FEMA personnel and 
by FEMA contractors whether or not those services directly supported 
NRC licensing requirements.
     1995. Under our appropriation for FY 1995, Pub. L. 103-
327, September 28, 1994, 108 Stat. 2325, the Congress authorized us to 
assess and collect fees from Nuclear Regulatory Commission (NRC) 
licensees to recover approximately, but not less than, 100 percent of 
the amounts that we anticipated would be obligated for our Radiological 
Emergency Preparedness (REP) Program. This appropriations act further 
required us to publish through rulemaking a fair and equitable 
methodology for the assessment and collection of fees applicable to 
persons subject to FEMA's radiological emergency preparedness 
regulations. Pub. L. 103-327 granted authority for these user fees to 
be assessed and collected for fiscal year 1995 services only. Although 
the public law was limited to FY 1995, we reserved the option of 
reissuing or amending part 354 for other fiscal years provided that the 
Congress enacts appropriate authority.
     Under final rule 44 CFR part 354, 60 FR 15628-15634, 
published on March 24, 1995, we acted to recover fiscal year budgeted 
funds for REP Program services performed by FEMA personnel and by FEMA 
contractors whether or not those services directly supported NRC 
licensing requirements. We assessed fees for FY 1995-FY 1998 using a 
historically-based methodology in which we calculated two components 
for each site: (1) A site-specific, biennial exercise-related component 
and (2) a flat fee component.
     Pub. L. 105-276, 112 Stat. 2502, established in the 
Treasury a Radiological Emergency Preparedness Fund, which will be 
available for offsite radiological emergency planning, preparedness, 
and response. This Act gives continuing authority to the Director of 
FEMA, beginning in fiscal year 1999 and thereafter, to publish fees to 
be assessed and collected, applicable to persons subject to our 
radiological emergency preparedness regulations. As in previous Acts, 
we must collect not less than 100 percent of the amounts needed for our 
radiological emergency preparedness program, and the methodology for 
assessment and collection of fees must be fair and equitable. Fees 
received must be deposited in the Fund as offsetting collections and 
become available on October 1, 1999, and remain available until 
expended.
    Historically-based methodology. Final rule 44 CFR part 354 adopted 
the historically-based approach to the methodology in place of the flat 
fee approach described in the proposed rule. We adopted this approach 
based on the numerous public comments that we received on our proposed 
flat fee methodology and on the results of our comparison of different 
user fee methodologies, which used actual data from fiscal years 1993 
and 1994.
    The historically-based methodology contains elements of the flat 
fee methodology and of the Nuclear Energy Institute (NEI) methodology. 
The methodology responds to commenters who objected to the flat fee's 
lack of site-specific considerations and accountability by factoring in 
site-specific information relating to the majority of site-specific 
activities, i.e., plume pathway emergency planning zone (EPZ) biennial 
REP exercises.
    The historically-based methodology also preserves many of the 
benefits of a flat fee methodology, specifically:
    (1) The ability to provide each licensee with a bill early in the 
fiscal year, thus facilitating the licensee's planning and budgeting 
process by greatly increasing the predictability of the licensee's 
bill;
    (2) The ability of States and licensees to request needed technical 
assistance;
    (3) The earlier deposit of funds in the U.S. Treasury, thus 
benefiting the U.S. taxpayer;
    (4) A reduction of our resources needed to track administrative 
costs, thus making the accounting and billing process more efficient 
and cost-effective for the Government and freeing up our scarce 
resources for other REP Program activities; and
    (5) The historically-based methodology ensures fairness and equity 
in billing licensees.
    Agreements and criteria for services we provide. We provide 
services primarily under a Memorandum of Understanding (MOU) between 
the NRC and FEMA, published on September 14, 1993 (58 FR 47996--48001) 
and under regulations issued by both FEMA (44 CFR parts 350, 351, and 
352) and the NRC (10 CFR parts 50 and 52).
    We evaluate radiological emergency response plans and exercises 
using joint FEMA-NRC criteria, NUREG-0654/FEMA-REP-1, Revision 1 and 
Supplement 1. When State and local governments do not participate in 
the development of an emergency plan, the licensee may submit a 
licensee offsite plan to the NRC. Under the MOU, the NRC can request 
that we review a licensee offsite plan and provide its assessments and 
findings on the adequacy of such plans and preparedness evaluated under 
Supplement 1.
    Electronic billing and payment. We will deposit all funds collected 
under this rule to the newly established Radiological Emergency 
Preparedness Fund as offsetting collections, which will be available 
for our REP Program. The Department of the Treasury recently revised 
Sec. 8025.30 of publication I-TFM 6-8000 to require Federal agencies to 
collect funds by electronic funds transfer when such collection is 
cost-effective, practicable, and consistent with current statutory 
authority. Working with the Department of the Treasury we now provide 
for payment of bills by electronic transfers through Automated Clearing 
House (ACH) credit payments.

Revisions Pertaining to This Interim Rule

    This Interim Final Rule makes two principal changes to 44 CFR part 
354. The first revision is that we increase the billing cycle from four 
years to six years. The first six-year cycle will encompass FY 1999-
2004. We will continue to track and monitor exercise activity during 
this period of time and will make appropriate adjustments to this 
component to calculate user fee assessments for later six-year cycles.
    Under the second revision fees received under this rule will be 
deposited in the newly established Radiological Emergency Preparedness 
Fund. Fees received will be deposited in

[[Page 69003]]

the Fund as offsetting collections and will be available for offsite 
radiological emergency preparedness, planning, and response activities 
beginning on October 1, 1999.

Administrative Procedure Act Determination

    We are publishing this interim final rule without opportunity for 
prior public comment under the Administrative Procedure Act, 5 U.S.C. 
553. I have determined that a comment period would be unnecessary, 
impractical, and contrary to the public interest. This interim final 
rule does not contain any significant, substantive changes from 
previous REP regulations, but reflects changes to internal procedures 
under which we will assess and collect fees from NRC licensees.
    Procedures affecting NRC licensees remain substantially unchanged. 
The procedural changes do not affect the rights of NRC licensees to 
dispute the nature or the amount of the assessment or method of 
collection. Further, the procedural changes in this interim final rule 
primarily affect how we will participate in the offset program. In 
order to implement the program for assessments made for FY 1999 and 
beyond, we need to modify and publish our regulations. We invite public 
comments on the interim final rule, and will take any comments into 
account when we publish the final rule. I determine that good cause 
exists and that it is in the public interest to issue this interim 
final rule without opportunity for prior public comment.

Regulatory Flexibility Act

    I certify that this interim final rule is exempt from the 
requirements of the Regulatory Flexibility Act because it makes minor 
and technical amendments mandated by statute, 31 U.S.C. 3720A and by 
the Department of the Treasury Interim Rule. This interim final rule 
does not contain any significant substantive changes from FEMA's 
present debt collection regulations and does not substantially change 
how FEMA collects debts owed the United States that arise under FEMA 
programs. The Regulatory Flexibility Act does not apply to this interim 
final rule and no regulatory analysis has been prepared.

Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this interim final 
rule under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.) and has assigned OMB control number 3067-0122.

Executive Order 12866, Regulatory Planning and Review

    Promulgation of this interim final rule is required by statute, 31 
U.S.C. 3716 and 3720A, and is not a significant regulatory action 
within the definition of E.O.12866. To the extent possible under the 
statutory requirements of 31 U.S.C. 3720A this interim final rule 
adheres to the principles of regulation set forth in Executive Order 
12866. The Office of Management and Budget did not review this interim 
final rule under Executive Order 12866.

Congressional Review of Agency Rulemaking

    We have sent this interim final rule to the Congress and to the 
General Accounting Office under the Congressional Review of Agency 
Rulemaking Act, Pub. L. 104-121. This interim final rule is not a 
``major rule'' within the meaning of that Act. It does not result in 
nor is it likely to result in an annual effect on the economy of 
$100,000,000 or more; it will not result in a major increase in costs 
or prices for consumers, individual industries, Federal, State, or 
local government agencies, or geographic regions; and it will not have 
``significant adverse effects'' on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises.
    This interim final rule is exempt from the requirements of the 
Regulatory Flexibility Act, as certified previously, and complies with 
the Paperwork Reduction Act.
    This interim final rule is not an unfunded Federal mandate within 
the meaning of the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4. 
The rule does not meet the $100,000,000 threshold before that Act 
applies.

List of Subjects in 44 CFR Part 354

    Disaster assistance, Commercial nuclear power plants and reactors, 
Intergovernmental relations, Radiation protection, and Technical 
assistance.

    Accordingly, we revise 44 CFR part 354 to read as follows:

PART 354--FEE FOR SERVICES TO SUPPORT FEMA'S OFFSITE RADIOLOGICAL 
EMERGENCY PREPAREDNESS PROGRAM

Sec.
354.1  Purpose.
354.2  Scope of this regulation.
354.3  Definitions.
354.4  Assessment of fees.
354.5  Description of services.
354.6  Billing and payment of fees.
354.7  Failure to pay.

    Authority: Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 
CFR, 1978 Comp., p. 329; sec. 109, Pub. L. 96-295, 94 Stat. 780; 
sec. 2901, Pub. L. 98-369, 98 Stat. 494; Title III, Pub. L. 103-327, 
108 Stat. 2323-2325; Pub. L. 105-276, 112 Stat. 2502; EO 12148, 44 
FR 43239, 3 CFR, 1979 Comp., p. 412; EO 12657, 53 FR 47513, 3 CFR, 
1988 Comp., p. 611.


Sec. 354.1  Purpose.

    This part establishes the methodology for FEMA to assess and 
collect user fees from Nuclear Regulatory Commission (NRC) licensees of 
commercial nuclear power plants to recover at least 100 percent of the 
amounts that we anticipate to obligate for our Radiological Emergency 
Preparedness (REP) Program as authorized under Title III, Pub. L. 105-
276, 112 Stat. 2461, 2502. Under Pub. L. 105-276 the methodology for 
assessment and collection of fees must be fair and equitable and must 
reflect the full amount of costs of providing radiological emergency 
planning, preparedness, response and associated services. Our 
assessment of fees will include our costs for use of agency resources 
for classes of regulated persons and our administrative costs to 
collect the fees. Licensees will deposit fees by electronic transfer 
into the Radiological Emergency Preparedness Fund in the U.S. Treasury 
as offsetting collections.


Sec. 354.2  Scope of this regulation.

    The regulation in this part applies to all persons or licensees who 
have applied for or have received from the NRC:
    (a) A license to construct or operate a commercial nuclear power 
plant;
    (b) A possession-only license for a commercial nuclear power plant, 
with the exception of licensees that have received an NRC-approved 
exemption to 10 CFR 50.54(q) requirements;
    (c) An early site permit for a commercial nuclear power plant;
    (d) A combined construction permit and operating license for a 
commercial nuclear power plant; or
    (e) Any other NRC licensee that is now or may become subject to 
requirements for offsite radiological emergency planning and 
preparedness.


Sec. 354.3  Definitions.

    The following definitions of terms and concepts apply to this part:
    Biennial exercise means the joint licensee/State and local 
government exercise, evaluated by FEMA, conducted around a commercial 
nuclear power plant site once every two years in conformance with 44 
CFR part 350.
    EPZ means emergency planning zone.

[[Page 69004]]

    FEMA means the Federal Emergency Management Agency.
    Federal Radiological Preparedness Coordinating Committee (FRPCC) 
means a committee chaired by FEMA with representatives from the Nuclear 
Regulatory Commission, Environmental Protection Agency, Department of 
Health and Human Services, Department of Interior, Department of 
Energy, Department of Transportation, Department of Agriculture, 
Department of Commerce, Department of State, Department of Veterans 
Affairs, General Services Administration, National Communications 
System, the National Aeronautics and Space Administration and other 
Federal departments and agencies as appropriate.
    Fiscal Year means the Federal fiscal year commencing on the first 
day of October through the thirtieth day of September.
    NRC means the U.S. Nuclear Regulatory Commission.
    Obligate or obligation means a legal reservation of appropriated 
funds for expenditure.
    Persons or Licensee means the utility or organization that has 
applied for or has received from the NRC:
    (1) A license to construct or operate a commercial nuclear power 
plant;
    (2) A possession-only license for a commercial nuclear power plant, 
with the exception of licensees that have received an NRC-approved 
exemption to 10 CFR 50.54(q) requirements;
    (3) An early site permit for a commercial nuclear power plant;
    (4) A combined construction permit and operating license for a 
commercial nuclear power plant; or
    (5) Any other NRC license that is now or may become subject to 
requirements for offsite radiological emergency planning and 
preparedness activities.
    Plume pathway EPZ means for planning purposes, the area within 
approximately a 10-mile radius of a nuclear plant site.
    RAC means Regional Assistance Committee chaired by FEMA with 
representatives from the Nuclear Regulatory Commission, Environmental 
Protection Agency, Department of Health and Human Services, Department 
of Energy, Department of Agriculture, Department of Transportation, 
Department of Commerce, Department of Interior, and other Federal 
departments and agencies as appropriate.
    REP means Radiological Emergency Preparedness as in FEMA's REP 
Program.
    Site means the location at which one or more commercial nuclear 
power plants (reactor units) have been, or are planned to be built.
    Site-specific services mean offsite radiological emergency 
planning, preparedness and response services provided by FEMA personnel 
and by FEMA contractors that pertain to a specific commercial nuclear 
power plant site.
    Technical assistance means services provided by FEMA to accomplish 
offsite radiological emergency planning, preparedness and response, 
including provision of support for the preparation of offsite 
radiological emergency response plans and procedures, and provision of 
advice and recommendations for specific aspects of radiological 
emergency planning, preparedness and response, such as alert and 
notification and emergency public information.


Sec. 354.4  Assessment of fees.

    (a)(1) We, FEMA, assess user fees from licensees using on a 
methodology that includes charges for REP Program services provided by 
both our personnel and our contractors. Beginning in FY 1995, we 
established a four-year cycle from FY 1995-1998 with predetermined user 
fee assessments that were collected each year of the cycle. The 
following six-year cycle will run from FY 1999 through FY 2004. The fee 
for each site consists of two distinct components:
    (i) A site-specific, biennial exercise-related component to recover 
the portion of the REP program budget associated only with plume 
pathway emergency planning zone (EPZ) biennial exercise-related 
activities. We determine this component by reviewing average biennial 
exercise-related activities/hours that we use in exercises conducted 
since the inception of our REP user fee program in 1991. We completed 
an analysis of REP Program activities/hours used during the FY 1991-
1995 cycle at the end of that four-year cycle. We will make adjustments 
to the site-specific user fees for the next proposed FY 1999-2004 six-
year cycle.
    (ii) A flat fee component that is the same for each site and 
recovers the remaining portion of the REP Program budgeted funding that 
does not include biennial exercise-related activities.
    (2) We will assess fees only for REP Program services provided by 
our personnel and by our contractors, and we will not assess fees for 
those services that other Federal agencies involved in the FRPCC or the 
RACs provide.
    (b) Determination of site-specific, biennial exercise-related 
component for our personnel. We will determine an average biennial 
exercise-related cost for our personnel for each commercial nuclear 
power plant site in the REP Program. We base this annualized cost 
(dividing the average biennial exercise-related cost by two) on the 
average number of hours spent by our personnel in REP exercise-related 
activities for each site. We will determine the average number of hours 
using an analysis of site-specific exercise activity spent since the 
beginning of our user fee program (1991). We determine the actual user 
fee assessment for this component by multiplying the average number of 
REP exercise-related hours that we determine and annualize for each 
site by the average hourly rate in effect for the fiscal year for a REP 
Program employee. We will revise the hourly rate annually to reflect 
actual budget and cost of living factors, but the number of annualized, 
site-specific exercise hours will remain constant for user fee 
calculations and assessments throughout the six-year cycle. We will 
continue to track and monitor exercise activity during the six-year 
cycle, FY 1999-2004. We will make appropriate adjustments to this 
component to calculate user fee assessments for later six-year cycles.
    (c) Determination of site-specific, biennial exercise-related 
component for FEMA contract personnel. We have determined an average 
biennial exercise-related cost for REP contractors for each commercial 
nuclear power plant site in the REP Program. We base this annualized 
cost (dividing the average biennial exercise-related cost by two) on 
the average costs of contract personnel in REP site-specific exercise-
related activities since the beginning of our user fee program (1991). 
We will continue to track and monitor activity during the initial six-
year cycle, FY 1999-2004, and we will make appropriate adjustments to 
this component for calculation of user fee assessments during 
subsequent six-year cycles.
    (d) Determination of flat fee component. For each year of the six-
year cycle, we recover the remainder of REP Program budgeted funds as a 
flat fee component. Specifically, we determine the flat fee component 
by subtracting the total of our personnel and contractor site-specific, 
biennial exercise-related components, as outlined in Sec. 354.4 (a) and 
(b), from the total REP budget for that fiscal year. We then divide the 
resulting amount equally among the total number of licensed commercial 
nuclear power plant sites (defined under Sec. 354.2, Scope) to arrive 
at each site's flat fee component for that fiscal year.
    (e) Discontinuation of charges. When we receive a copy from the NRC 
of their

[[Page 69005]]

approved exemption to 10 CFR 50.54(q) requirements stating that offsite 
radiological emergency planning and preparedness are no longer required 
at a particular commercial nuclear power plant site, we will 
discontinue REP Program services at that site. We will no longer assess 
a user fee for that site from the beginning of the next fiscal year.


Sec. 354.5  Description of services.

    Site-specific and other REP Program services provided by FEMA and 
FEMA contractors for which FEMA will assess fees on licensees include 
the following:
    (a) Site-specific, plume pathway EPZ biennial exercise-related 
component services.
    (1) Schedule plume pathway EPZ biennial exercises.
    (2) Review plume pathway EPZ biennial exercise objectives and 
scenarios.
    (3) Provide pre-plume pathway EPZ biennial exercise logistics.
    (4) Conduct plume pathway EPZ biennial exercises, evaluations, and 
post exercise briefings.
    (5) Prepare, review and finalize plume pathway EPZ biennial 
exercise reports, give notice and conduct public meetings.
    (6) Activities related to Medical Services and other drills 
conducted in support of a biennial, plume pathway exercise.
    (b) Flat fee component services.
    (1) Evaluate State and local offsite radiological emergency plans 
and preparedness.
    (2) Schedule other than plume pathway EPZ biennial exercises.
    (3) Develop other than plume pathway EPZ biennial exercise 
objectives and scenarios.
    (4) Pre-exercise logistics for other than the plume pathway EPZ.
    (5) Conduct other than plume pathway EPZ biennial exercises and 
evaluations.
    (6) Prepare, review and finalize other than plume pathway EPZ 
biennial exercise reports, notice and conduct of public meetings.
    (7) Prepare findings and determinations on the adequacy or approval 
of plans and preparedness.
    (8) Conduct the formal 44 CFR part 350 review process.
    (9) Provide technical assistance to States and local governments.
    (10) Review licensee submissions pursuant to 44 CFR part 352.
    (11) Review NRC licensee offsite plan submissions under the NRC/
FEMA Memorandum of Understanding on Planning and Preparedness, and 
NUREG-0654/FEMA-REP-1, Revision 1, Supplement 1. You may obtain copies 
of the NUREG-0654 from the Superintendent of Documents, U.S. Government 
Printing Office.
    (12) Participate in NRC adjudication proceedings and any other 
site-specific legal forums.
    (13) Alert and notification system reviews.
    (14) Responses to petitions filed under 10 CFR 2.206.
    (15) Disaster-initiated reviews and evaluations.
    (16) Congressionally-initiated reviews and evaluations.
    (17) Responses to licensee's challenges to FEMA's administration of 
the fee program.
    (18) Response to actual radiological emergencies.
    (19) Develop regulations, guidance, planning standards and policy.
    (20) Coordinate with other Federal agencies to enhance the 
preparedness of State and local governments for radiological 
emergencies.
    (21) Coordinate REP Program issues with constituent organizations 
such as the National Emergency Management Association, Conference of 
Radiation Control Program Directors, and the Nuclear Energy Institute.
    (22) Implement and coordinate REP Program training with FEMA's 
Emergency Management Institute (EMI) to assure effective development 
and implementation of REP training courses and conferences.
    (23) REP personnel participation as lecturers or to perform other 
functions at EMI, conferences and workshops.
    (24) Services associated with the assessment of fees, billing, and 
administration of this part.


Sec. 354.6  Billing and payment of fees.

    We will send bills that are based on the assessment methodology set 
out in Sec. 354.4 to licensees to recover the full amount of the funds 
that we budget to provide REP Program services. Licensees that have 
more than one site will receive consolidated bills. We will forward one 
bill to each licensee during the first quarter of the fiscal year, with 
payment due within 30 days. If we exceed our original budget for the 
fiscal year and need to make minor adjustments, the adjustment will 
appear in the bill for the next fiscal year.


Sec. 354.7  Failure to pay.

    Where a licensee fails to pay a prescribed fee required under this 
part, we will implement procedures under 44 CFR part 11, Subpart C, to 
collect the fees under the Debt Collection Act of 1982 (31 U.S.C. 3711 
et seq.).

    Dated: December 10, 1998.
James L. Witt,
Director.
[FR Doc. 98-33198 Filed 12-14-98; 8:45 am]
BILLING CODE 6718-06-P