[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Rules and Regulations]
[Pages 54959-54960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21796]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 /
Rules and Regulations
[[Page 54959]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 170
[NRC-2012-0211]
RIN 3150-AJ19
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013;
Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Correcting amendment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final
rule in the Federal Register on July 1, 2013 (78 FR 39461), amending
the licensing, inspection, and annual fees charged to its applicants
and licensees. The final rule inadvertently removed from a fee category
description the word ``one,'' which is necessary to indicate the number
of government-to-government consents included in this fee category.
This document corrects the error.
DATES: Effective Date: This correction is effective on September 9,
2013.
FOR FURTHER INFORMATION CONTACT: Arlette Howard, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1481, email: [email protected].
SUPPLEMENTARY INFORMATION: The 2013 final fee rule was published in the
Federal Register on July 1, 2013 (78 FR 39461), with an effective date
of August 30, 2013. The final rule inadvertently removed the word
``one'' from the description for fee category 15.G. in Sec. 170.31 of
Title 10 of the Code of Federal Regulations. The word ``one'' is
necessary to indicate the number of government-to-government consents
included in this fee category. This document corrects the error.
Rulemaking Procedure
Because this amendment corrects an error to the NRC's regulations,
the Commission finds that the notice and comment provisions of the
Administrative Procedure Act are unnecessary and is exercising its
authority under 5 U.S.C. 553(b)(3)(B) to publish this amendment as a
final rule. This amendment does not require action by any person or
entity regulated by the NRC. Also, the final rule does not change the
substantive responsibilities of any person or entity regulated by the
NRC.
List of Subjects in 10 CFR Part 170
Byproduct material, Import and export licenses, Intergovernmental
relations, Non-payment penalties, Nuclear materials, Nuclear power
plants and reactors, Source material, Special nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, 10 CFR part 170 is
corrected by making the following correcting amendment.
PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED
0
1. The authority citation for part 170 continues to read as follows:
Authority: Independent Offices Appropriations Act sec. 501 (31
U.S.C. 9701); Atomic Energy Act sec. 161(w) (42 U.S.C. 2201(w));
Energy Reorganization Act sec. 201 (42 U.S.C. 5841); Chief Financial
Officers Act sec. 205 (31 U.S.C. 901, 902); Government Paperwork
Elimination Act sec. 1704, (44 U.S.C. 3504 note); Energy Policy Act
secs. 623, Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58,
119 Stat. 783 (42 U.S.C. 2201(w), 2014, 2021, 2021b, 2111).
0
2. In Sec. 170.31, amend the table by revising entry 15.G. to read as
follows:
Sec. 170.31 Schedule of fees for materials licenses and other
regulatory services, including inspections, and import and export
licenses.
* * * * *
SCHEDULE OF MATERIALS FEES
[See footnotes at end of table]
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Category of materials licenses and type of fees \1\ Fee \2\ \3\
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* * * * * * *
15. * * *...............................................
G. Application for export of appendix P Category 1
materials requiring Executive Branch review and to
obtain one government-to-government consent for this
process. For additional consents see 15.I..............
Application--new license, or amendment; or license 8,700
exemption request......................................
* * * * * * *
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\1\ Types of fees--Separate charges, as shown in the schedule, will be
assessed for preapplication consultations and reviews; applications
for new licenses, approvals, or license terminations; possession-only
licenses; issuances of new licenses and approvals; certain amendments
and renewals to existing licenses and approvals; safety evaluations of
sealed sources and devices; generally licensed device registrations;
and certain inspections. The following guidelines apply to these
charges:
(a) Application and registration fees. Applications for new materials
licenses and export and import licenses; applications to reinstate
expired, terminated, or inactive licenses, except those subject to
fees assessed at full costs; applications filed by Agreement State
licensees to register under the general license provisions of 10 CFR
150.20; and applications for amendments to materials licenses that
would place the license in a higher fee category or add a new fee
category must be accompanied by the prescribed application fee for
each category.
[[Page 54960]]
(1) Applications for licenses covering more than one fee category of
special nuclear material or source material must be accompanied by the
prescribed application fee for the highest fee category.
(2) Applications for new licenses that cover both byproduct material and
special nuclear material in sealed sources for use in gauging devices
will pay the appropriate application fee for fee category 1.C. only.
(b) Licensing fees. Fees for reviews of applications for new licenses,
renewals, and amendments to existing licenses, preapplication
consultations and other documents submitted to the NRC for review, and
project manager time for fee categories subject to full cost fees are
due upon notification by the Commission in accordance with Sec.
170.12(b).
(c) Amendment fees. Applications for amendments to export and import
licenses must be accompanied by the prescribed amendment fee for each
license affected. An application for an amendment to an export or
import license or approval classified in more than one fee category
must be accompanied by the prescribed amendment fee for the category
affected by the amendment, unless the amendment is applicable to two
or more fee categories, in which case the amendment fee for the
highest fee category would apply.
(d) Inspection fees. Inspections resulting from investigations conducted
by the Office of Investigations and nonroutine inspections that result
from third-party allegations are not subject to fees. Inspection fees
are due upon notification by the Commission in accordance with Sec.
170.12(c).
(e) Generally licensed device registrations under 10 CFR 31.5.
Submittals of registration information must be accompanied by the
prescribed fee.
\2\ Fees will not be charged for orders related to civil penalties or
other civil sanctions issued by the Commission under 10 CFR 2.202 or
for amendments resulting specifically from the requirements of these
orders. For orders unrelated to civil penalties or other civil
sanctions, fees will be charged for any resulting licensee-specific
activities not otherwise exempted from fees under this chapter. Fees
will be charged for approvals issued under a specific exemption
provision of the Commission's regulations under Title 10 of the Code
of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
any other sections in effect now or in the future), regardless of
whether the approval is in the form of a license amendment, letter of
approval, safety evaluation report, or other form. In addition to the
fee shown, an applicant may be assessed an additional fee for sealed
source and device evaluations as shown in fee categories 9.A. through
9.D.
\3\ Full cost fees will be determined based on the professional staff
time multiplied by the appropriate professional hourly rate
established in Sec. 170.20 in effect when the service is provided,
and the appropriate contractual support services expended.
* * * * *
Dated at Rockville, Maryland, this 3rd day of September, 2013.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of
Administrative Services, Office of Administration.
[FR Doc. 2013-21796 Filed 9-6-13; 8:45 am]
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