[Federal Register Volume 66, Number 116 (Friday, June 15, 2001)]
[Rules and Regulations]
[Pages 32575-32580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15054]


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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: Final rule.

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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) 2001.

EFFECTIVE DATE: This rule is effective July 16, 2001.

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, 
(telephone fax) 202-646-3508, (email) [email protected].

SUPPLEMENTARY INFORMATION: Throughout the preamble and the rule, the 
terms ``we'', ``our'' and ``us'' refer to FEMA.

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 published 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. Public Law 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.
     Public Law 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 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, Public Law 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. Public Law 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 
to reissue or amend part 354 for other fiscal years provided that the 
Congress enacted 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

[[Page 32576]]

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.
     Public Law 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. We must 
deposit fees received in the Fund as offsetting collections, which 
became available on October 1, 1999, and remain available until 
expended.
     1998. On December 15, 1998, we published the interim final 
rule with request for comments in the Federal Register, 63 FR 69001. 
The comment period was for 60 days following publication. We received 
no comments during the comment period. On the same day we published a 
notice that established the fiscal year 1999 hourly rate at $33.01 for 
assessing and collecting fees from NRC licensees.
     1999. Our Appropriations Act for FY 2000, Public Law 106-
74, 113 Stat. 1087, again required us to collect user fees of not less 
than 100 per cent to be assessed and collected for fiscal year 2000 
services only. Fees collected become available for authorized purposes 
on October 1, 2000.
     2000. This final rule contains one minor revision to the 
December 13, 1998 interim final rule. Under the description of flat fee 
services, we have added two more services. We will recover future costs 
that we incur relating to activities involving the REP Program 
Implementation Oversight Working Group and training and transitioning 
to any new REP Program technical support contractor(s) as part of our 
REP Program User Fee.
    Historically-based methodology. 44 CFR part 354 adopted theis 
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 that 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.

Revisions Pertaining to This Rule

    This final rule makes one principal change to 44 CFR part 354. We 
add several items to the list of services for which fees can be 
collected as part of the flat fee component of the REP user fee 
billings. These added services include: training and transition costs 
that we incur as a result of awarding any new REP Program technical 
support contract; and any other costs that we incur resulting from our 
REP Program Strategic Review implementation and oversight working group 
activities. In other respects the rule remains as published as an 
interim final rule in 1998.

National Environmental Policy Act

    This rule is excluded from the preparation of an environmental 
assessment or environmental impact statement under 44 CFR 
10.8(d)(2)(ii), where the rule is related to actions that qualify for 
categorical exclusion under 44 CFR 10.8(d)(2).

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act agencies must consider the 
impact of their rulemakings on ``small entities'' (small businesses, 
small organizations and local governments). When an agency is required 
by 5 U.S.C. 553 to publish a notice of proposed rulemaking, a 
regulatory flexibility analysis is required for both the proposed rule 
and the final rule if the rulemaking could ``have a significant 
economic impact on a substantial number of small entities.'' The Act 
also provides that if a regulatory flexibility analysis is not 
required, the agency must certify in the rulemaking document that the 
rulemaking will not ``have a significant economic impact on a 
substantial number of small entities.''
    For the reasons that follow I certify that a regulatory flexibility 
analysis is not required for this rule because it would not have a 
significant economic impact on a substantial number of small entities. 
This final rule makes minor and technical amendments that our 
appropriations acts mandate. This rule does not contain any significant 
substantive changes from our present radiological emergency 
preparedness regulations and does not substantially change how we 
collect fees that NRC licensees owe to the United States for services 
that we perform. While preparing the existing regulations we adjusted 
the rule to include: (1) A site-specific, biennial exercise-related 
component and (2) a flat fee component. We base the site-specific, 
exercise-related component on the average

[[Page 32577]]

number of hours spent by our personnel in REP exercise-related 
activities since the beginning of our user fee program (1991) for each 
site, and multiply the average number of REP exercise-related hours for 
each site by the average hourly rate in effect for the fiscal year for 
a REP Program employee. That adjustment helps make the fees collected 
reflect more equitably the costs for our services than would a flat fee 
alone, which vary with each utility involved in the biennial exercises. 
The rule thus adjusts the economic impact of the fees to the relative 
capacities of the utilities to bear the direct and indirect costs of 
the regulation.
    For the reasons stated I certify that the Regulatory Flexibility 
Act does not apply to this final rule. We have prepared no regulatory 
flexibility analysis under that Act.

Paperwork Reduction Act

    The Office of Management & Budget (OMB) has approved the 
information collection requirements contained in this 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 3067-0201. The information 
in this final rule does not change any of the information collection 
requirements currently approved by OMB.

Executive Order 12866, Regulatory Planning and Review

    We have prepared and reviewed this final rule under the provisions 
of Executive Order 12866, Regulatory Planning and Review. Under 
Executive Order 12866, 58 FR 51735, October 4, 1993, a significant 
regulatory action is subject to OMB review and the requirements of the 
Executive Order. The Executive Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This rule addresses the statutorily required need to reimburse the 
United States for services that we provide to the nuclear power 
industry for offsite radiological emergency planning and preparedness 
in communities near nuclear power plants. Our annual appropriations 
acts require the rule. The rule relates to fees paid by 45 NRC 
licensees at 64 sites for the services provided by our Agency for 
emergency management planning and exercises. Collections under the 
program total less than $15,000,000 per year. In its final form the 
rule responds to comments received from businesses of differing sizes 
within the regulated industry and makes adjustments to the methods for 
determining the fees that ensure fairness and equity in billing 
licensees.
    This rule will not adversely affect the availability of funding to 
small entities, it will not have significant secondary or incidental 
effects on a substantial number of small entities, and it will not 
create any additional burden on small entities, particularly State, 
local and tribal governments.
    For the reasons stated I certify that this proposed rule is not a 
significant regulatory action within the meaning of Sec. 2(f) of 
Executive Order 12866 of September 30, 1993, 58 FR 51735. The Office of 
Management and Budget has not reviewed this rule under Executive Order 
12866.

Executive Order 13132, Federalism

    Executive Order 13132, Federalism, dated August 4, 1999, sets forth 
principles and criteria that agencies must adhere to in formulating and 
implementing policies that have federalism implications, that is, 
regulations that have substantial direct effects on the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Federal agencies must closely examine the statutory 
authority supporting any action that would limit the policymaking 
discretion of the States, and to the extent practicable, must consult 
with State and local officials before implementing any such action.
    We have reviewed this rule under the provisions of under Executive 
Order 13132, Federalism, dated August 4,1999. We find that the 
statutory imposition of fees and the regulatory implementation of the 
statutory requirements that the nuclear power industry reimburse FEMA 
for offsite radiological emergency planning and preparedness in 
communities near nuclear power plants involves no substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among various levels of government. Therefore, we have 
concluded that this rule involves no policies that have federalism 
implications under Executive Order 13132, and we have not prepared a 
federalism assessment. The Office of Management and Budget has reviewed 
this rule under the provisions of Executive Order 13132.

Congressional Review of Agency Rulemaking

    We have sent the final rule to the Congress and to the General 
Accounting Office under the Congressional Review of Agency Rulemaking 
Act, Pub. L.104-121. This 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. 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 final rule is exempt from the requirements of the Regulatory 
Flexibility Act, as certified previously, and complies with the 
Paperwork Reduction Act.

List of Subjects in 44 CFR Part 354

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


    Accordingly, 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 site-specific, plume pathway EPZ biennial 
exercise-related component services and other 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

[[Page 32578]]

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, Public Law 
105-276, 112 Stat. 2461, 2502. Public Law 105-276 established in the 
Treasury a Radiological Emergency Preparedness Fund, to be available 
under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et. 
seq.), and under Executive Order 12657 (3 CFR, 1988 Comp., p. 611), for 
offsite radiological emergency planning, preparedness, and response. 
Beginning in fiscal year 1999 and thereafter, the Director of FEMA must 
publish fees to be assessed and collected, applicable to persons 
subject to FEMA's radiological emergency preparedness regulations. 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 include our costs for use of agency 
resources for classes of regulated persons and our administrative costs 
to collect the fees. Licensees 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.
    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.
    FEMA means the Federal Emergency Management Agency.
    Fiscal Year means the Federal fiscal year, which begins on the 
first day of October and ends on 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.
    We, our, us, means and refers to FEMA.


Sec. 354.4  Assessment of fees.

    (a)(1) We assess user fees from licensees using 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

[[Page 32579]]

that other Federal agencies involved in the FRPCC or the RAC's 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 paragraphs (a) and 
(b) of this section, 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 354.2) 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 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 site-specific, plume pathway EPZ biennial 
exercise-related component services and other 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) Congressionally-initiated reviews and evaluations.
    (16) Responses to licensee's challenges to FEMA's administration of 
the fee program.
    (17) Respond to actual radiological emergencies.
    (18) Develop regulations, guidance, planning standards and policy.
    (19) Coordinate with other Federal agencies to enhance the 
preparedness of State and local governments for radiological 
emergencies.
    (20) 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.
    (21) 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.
    (22) Participation of REP personnel as lecturers or to perform 
other functions at EMI, conferences and workshops.
    (23) Any other costs that we incur resulting from our REP Program 
Strategic Review implementation and oversight working group activities.
    (24) Costs associated with a transition phase should we decide to 
advertise and award a contract for technical support to the REP 
Program. Transition phase activities may include training new 
contractor personnel in the REP Exercise Evaluation and Planning 
courses, and on-the-job training for new evaluators at a select number 
of REP exercises.
    (25) Services associated with the assessment of fees, billing, and 
administration of this part.
    (26) Disaster-initiated reviews and evaluations.


Sec. 354.6  Billing and payment of fees.

    (a) Electronic billing and payment. We will deposit all funds 
collected under

[[Page 32580]]

this part to the Radiological Emergency Preparedness Fund as offsetting 
collections, which will be available for our REP Program. The 
Department of the Treasury revisions to section 8025.30 of publication 
I-TFM 6-8000 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.
    (b) 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: June 8, 2001.
Joe M. Allbaugh,
Director.
[FR Doc. 01-15054 Filed 6-14-01; 8:45 am]
BILLING CODE 6718-06-P