[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Rules and Regulations]
[Pages 45963-45965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16659]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 171
[NRC-2008-0664]
RIN 3150-AI54
Variable Annual Fee Structure for Small Modular Reactors;
Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule; correcting amendments.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final
rule in the Federal Register on May 24, 2016, amending its licensing,
inspection, and annual fee regulations to establish a variable annual
fee
[[Page 45964]]
structure for light-water small modular reactors. The final rule
contained a grammatical error in a definition, an incorrect reference
format, and an incomplete signature date. This document corrects the
final rule by revising the sections that contain these errors and
completing the signature date.
DATES: This rule is effective on July 15, 2016.
ADDRESSES: Please refer to Docket ID NRC-2008-0664 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0664. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Michele Kaplan, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-5256, email: [email protected].
SUPPLEMENTARY INFORMATION: The NRC published a final rule in the
Federal Register on May 24, 2016 (81 FR 32617), effective June 23,
2016, amending its licensing, inspection, and annual fee regulations in
parts 170 and 171 of title 10 of the Code of Federal Regulations to
establish a variable annual fee structure for light-water small modular
reactors. The final rule contained a grammatical error in the
definition of variable rate that was added to Sec. 171.5,
``Definitions,'' and an incorrect reference format in a paragraph that
was added to Sec. 171.15, ``Annual fees: Reactor licenses and
independent spent fuel storage licenses.'' The final rule also included
an incomplete signature date for the rule. This document corrects the
final rule by revising the definition for variable rate, revising the
reference format in Sec. 171.15(e)(1), and correcting the signature
date for the final rule.
Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC
finds good cause to waive notice and opportunity for comment on the
amendments because they will have no substantive impact and are of a
minor and administrative nature dealing with corrections to certain CFR
sections related only to management, organization, procedure, and
practice. Specifically, these amendments are to correct grammatical
errors and to revise cross-references to comply with the Office of the
Federal Register's Document Drafting Handbook. These amendments do 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. Furthermore, for the reasons
stated above, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that good
cause exists to make this rule effective upon publication of this
notice.
Correction to the Signature Date
In FR Doc. 2016-11975 appearing on page 32617 in the Federal
Register of Tuesday, May 24, 2016, the following correction to the
signature date is made:
1. On page 32628, in the first column, the signature date is
corrected to read as follows: Dated at Rockville, Maryland, this 6th
day of May, 2016.
List of Subjects in 10 CFR Part 171
Annual charges, Byproduct material, Holders of certificates,
registrations, approvals, Intergovernmental relations, Nonpayment
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, the NRC is adopting
the following correcting amendments to 10 CFR part 171:
PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES
AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF
COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS
AND GOVERNMENT AGENCIES LICENSED BY THE NRC
0
1. The authority citation for part 171 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234
(42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 44 U.S.C. 3504
note.
0
2. In Sec. 171.5, revise the definition of variable rate to read as
follows:
Sec. 171.5 Definitions.
* * * * *
Variable rate means a per-MWt fee factor applied to all bundled
units on site with a licensed thermal power rating less than or equal
to 2,000 MWt. For the first bundled unit on a site with a licensed
thermal power rating greater than 250 MWt and less than or equal to
2,000 MWt, the variable rate is based on the difference between the
maximum fee and the minimum fee, divided by 1,750 MWt (the variable fee
licensed thermal rating range). For additional bundled units with a
licensed thermal power rating less than or equal to 2,000 MWt, the
variable rate is based on the maximum fee divided by 2,000 MWt.
0
3. In Sec. 171.15, revise paragraph (e)(1) to read as follows:
Sec. 171.15 Annual fees: Reactor licenses and independent spent fuel
storage licenses.
* * * * *
(e)(1) Each person holding an operating license for an SMR issued
under 10 CFR part 50 or a combined license issued under 10 CFR part 52
after the Commission has made the finding under 10 CFR 52.103(g), shall
pay the annual fee for all licenses held for an SMR site. The annual
fee will be determined using the cumulative licensed thermal power
rating of all SMR units and the bundled unit concept, during the fiscal
year in which the fee is due. For a given site, the use of the bundled
unit concept is independent of the number of SMR plants, the number of
SMR licenses issued, or the sequencing of the SMR licenses that have
been issued.
* * * * *
[[Page 45965]]
Dated at Rockville, Maryland, this 8th day of July 2016.
For the Nuclear Regulatory Commission.
Theresa Barczy,
Acting Branch Chief, Rules, Announcements and Directives Branch,
Division of Administrative Services, Office of Administration.
[FR Doc. 2016-16659 Filed 7-14-16; 8:45 am]
BILLING CODE 7590-01-P