81 FR 45963 - Variable Annual Fee Structure for Small Modular Reactors; Corrections

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range		45963-45965
FR Document		2016-16659

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 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.

Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016)

[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Rules and Regulations]
[Pages 45963-45965]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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

45963

Rules and Regulations Federal Register
Vol. 81, No. 136

Friday, July 15, 2016

This section of the FEDERAL REGISTER deputy position to the PAS office, that made by the President with the advice
contains regulatory documents having general deputy position is the First Assistant. If and consent of the Senate (‘‘PAS
applicability and legal effect, most of which there is more than one deputy position Office’’) may have a First Assistant
are keyed to and codified in the Code of to the PAS office, and the delegations of within the meaning of 5 U.S.C. 3345–
Federal Regulations, which is published under authority by the Secretary published in 3349d.
50 titles pursuant to 44 U.S.C. 1510.
part 2 of title 7 of the CFR establish (1) Where there is a position of
The Code of Federal Regulations is sold by which deputy has the authority to principal deputy to the PAS Office, the
the Superintendent of Documents. Prices of perform all the duties and exercise all principal deputy shall be the First
new books are listed in the first FEDERAL the powers of the PAS office, then that Assistant.
REGISTER issue of each week. deputy delegated such authority is the (2) Where there is only one deputy
First Assistant. position to the PAS Office, the official
If there is no position or deputy that in that position shall be the First
DEPARTMENT OF AGRICULTURE qualifies as a First Assistant under these Assistant.
tests, then the Secretary may designate (3) Where there is more than one
Office of the Secretary in writing a First Assistant position to deputy position to the PAS Office, and
the PAS office, with the exception of the this part establishes which deputy is
7 CFR Part 2 Inspector General. delegated the authority to perform all
RIN 0503–AA59 Classification the duties and exercise all the powers of
the PAS Office during the absence or
Designation of First Assistants This rule relates to internal agency unavailability of the PAS official, the
management. Accordingly, pursuant to deputy delegated such authority shall be
AGENCY: Office of the Secretary, USDA. 5 U.S.C. 553, notice of proposed
the First Assistant.
ACTION: Final rule. rulemaking and opportunity for
(4) Where neither paragraph (a)(1), (2),
comment are not required, and this rule
SUMMARY: This document amends the nor (3) of this section is applicable to
may be made effective less than 30 days
existing delegations of authority to the PAS Office, except as provided in
after publication in the Federal
provide for the designation of First paragraph (b) of this section, the
Register. This rule also is exempt from
Assistants to positions to which Secretary may designate in writing the
the provisions of Executive Order
appointment is required to be made by First Assistant position.
12866. This action is not a rule as
the President with the advice and (b) The Inspector General of the
defined by the Regulatory Flexibility
consent of the Senate. Department shall determine any
Act, as amended by the Small Business
arrangements for the temporary
DATES: Effective July 15, 2016. Regulatory Enforcement Fairness Act of
performance of the functions and duties
FOR FURTHER INFORMATION CONTACT: 1996, 5 U.S.C. 601 et seq., or the
of the Inspector General when that
Melissa McClellan, Office of the General Congressional Review Act, 5 U.S.C. 801
office is vacant.
Counsel, USDA, 3311-South Bldg., 1400 et seq., and thus is exempt from the
Independence Avenue SW., provisions of those acts. This rule Thomas J. Vilsack,
Washington, DC 20250, (202) 720–9425, contains no information collection or Secretary of Agriculture.
melissa.mcclellan@usda.gov. recordkeeping requirements under the [FR Doc. 2016–16599 Filed 7–14–16; 8:45 am]
Paperwork Reduction Act of 1995 (44
SUPPLEMENTARY INFORMATION: Section BILLING CODE 3410–90–P
U.S.C. 3501 et seq.).
3345 of title 5, United States Code,
provides that when an officer of an List of Subjects in 7 CFR Part 2
Executive agency whose appointment is Authority delegations (Government NUCLEAR REGULATORY
required to be made by the President agencies). COMMISSION
with the advice and consent of the Accordingly, 7 CFR part 2 is amended
Senate dies, resigns, or is otherwise 10 CFR Part 171
as follows:
unable to perform the functions and [NRC–2008–0664]
duties of the office, the first assistant to PART 2—DELEGATIONS OF
the office of such officer (‘‘First RIN 3150–AI54
AUTHORITY BY THE SECRETARY OF
Assistant’’) may perform temporarily the AGRICULTURE AND GENERAL Variable Annual Fee Structure for
functions and duties of the office in an OFFICERS OF THE DEPARTMENT Small Modular Reactors; Corrections
acting capacity. This rule authorizes the
Secretary to establish a First Assistant to ■ 1. The authority citation for part 2 AGENCY: Nuclear Regulatory
each office within the Department of continues to read as follows: Commission.
Agriculture to which appointment is Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. ACTION: Final rule; correcting
required to be made by the President 301; Reorganization Plan No. 2 of 1953, 3 amendments.
with the advice and consent of the
rmajette on DSK2TPTVN1PROD with RULES

CFR 1949–1953 Comp., p. 1024.
Senate (‘‘PAS office’’). ■ 2. Add § 2.6 to subpart B to read as SUMMARY: The U.S. Nuclear Regulatory
If there is a principal deputy position follows: Commission (NRC) published a final
to the PAS office, the principal deputy rule in the Federal Register on May 24,
position is the First Assistant. If there is § 2.6 Designation of first assistants. 2016, amending its licensing,
no position with the title ‘‘principal (a) Every office within the Department inspection, and annual fee regulations
deputy,’’ but there is one, and only one, to which appointment is required to be to establish a variable annual fee

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Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Rules and Regulations 45965

Dated at Rockville, Maryland, this 8th day Cirrus intends to install a whole compartment within the airframe. A
of July 2016. airplane ballistic parachute system solid propellant rocket motor, adjacent
For the Nuclear Regulatory Commission. (BPS) called the Cirrus Airframe to the parachute pack, extracts the
Theresa Barczy, Parachute System (CAPS). This parachute. A mechanical pull handle
Acting Branch Chief, Rules, Announcements installation couples the BPS with the mounted within reach of the pilot and
and Directives Branch, Division of automatic flight controls. The CAPS will copilot or passenger activates the
Administrative Services, Office of be installed as standard equipment on system. At least two separate
Administration. the SF50 airplane. Unlike the SR20 and independent actions are necessary to
[FR Doc. 2016–16659 Filed 7–14–16; 8:45 am] SR22 airplanes CAPS, the SF50 CAPS is activate the system.
BILLING CODE 7590–01–P a supplemental system and no credit for In addition to a normal BPS, the SF50
the system will be used to meet part 23 CAPS system will incorporate an airbag
requirements. The SF50 CAPS design to assist deployment and a system for
DEPARTMENT OF TRANSPORTATION will require some performance sequencing deployment and interfacing
enhancements over existing technology with the airplane’s avionics. The
Federal Aviation Administration used in other BPS. avionics interface is intended to bring
The system will consist of the the airplane within a valid deployment
14 CFR Part 23 recovery parachute, activation and envelope speed (67–160 KCAS).
deployment systems, and autopilot The SF50 CAPS is a non-required
[Docket No. FAA–2016–3462; Notice No. 23– functions. The SF50 CAPS will be system that differs from other BPS in
275–SC] designed for a higher gross weight, that it will interact with the flight
maximum activation speed, and control system and other airplane
Special Conditions: Cirrus Design
maximum operating altitude. systems. The baseline special conditions
Corporation, Model SF50; Whole
Whole airplane parachute recovery must incorporate the required level of
Airplane Parachute Recovery System
systems are intended to save the lives of safety for the normal BPS as well as the
AGENCY: Federal Aviation the occupants in life-threatening aspect that interfaces with the airplane.
Administration (FAA), DOT. situations for which normal emergency Since it is a non required system,
ACTION: Final special conditions. procedures have been exhausted. additional latitude exists to evaluate
Potential emergencies include, but are and substantiate the system so it will
SUMMARY: These special conditions are not limited to—loss of power or thrust; present no additional hazards.
issued for the Cirrus Design Corporation loss of airplane control; pilot
disorientation; pilot incapacitation with Type Certification Basis
(Cirrus), model SF50 airplane. This
airplane will have a novel or unusual a passenger on board; mechanical or Under the provisions of 14 CFR 21.17,
design feature(s) associated with a structural failure; icing; and accidents Cirrus Design Corporation must show
whole airplane parachute recovery resulting from pilot negligence or error. that the SF50 meets the applicable
system. The applicable airworthiness The recovery system should prioritize provisions of part 23, as amended by
regulations do not contain adequate or protection from most probable hazards, amendments 23–1 through 23–62
appropriate safety standards for this but it is not reasonable to expect it to thereto.
design feature. These special conditions protect occupants from every possible If the Administrator finds that the
contain the additional safety standards situation. applicable airworthiness regulations
that the Administrator considers This technology, which was originally (i.e., 14 CFR part 23) do not contain
necessary to establish a level of safety developed for ultralight and adequate or appropriate safety standards
equivalent to that established by the experimental aircraft, was first approved for the SF50 because of a novel or
existing airworthiness standards. for general aviation airplanes with a unusual design feature, special
Supplemental Type Certificate for the conditions are prescribed under the
DATES: These special conditions are
Cessna model 150/152 airplanes. The provisions of § 21.16.
effective August 15, 2016 and are FAA issued special conditions for these In addition to the applicable
applicable on July 6, 2016. airplanes to incorporate ballistic airworthiness regulations and special
FOR FURTHER INFORMATION CONTACT: Mr. recovery systems on October 22, 1987 conditions, the SF50 must comply with
Bob Stegeman, Federal Aviation (Special Condition No. 23–ACE–33; the fuel vent and exhaust emission
Administration, Aircraft Certification Ballistic Recovery System, Inc., requirements of 14 CFR part 34 and the
Service, Small Airplane Directorate, Modified Cessna 150/A150 Series noise certification requirements of 14
ACE–111, 901 Locust; Kansas City, Airplanes and 152/A152 Model CFR part 36 and the FAA must issue a
Missouri 64106; telephone (816) 329– Airplanes to Incorporate the GARD–150 finding of regulatory adequacy under
4140; facsimile (816) 329–4090. System; Docket No. 037CE) (FR Doc. 87– section 611 of Public Law 92–574, the
SUPPLEMENTARY INFORMATION: 26420, November 11, 1987). These ‘‘Noise Control Act of 1972.’’
special conditions were later modified The FAA issues special conditions, as
Background
for the other general aviation airplanes defined in 14 CFR 11.19, in accordance
On September 9, 2008, Cirrus Design (Special Condition No. 23–ACE–76; with § 11.38, and they become part of
Corporation applied for a type Ballistic Recovery Systems, Modified for the type-certification basis under
certificate for their new SF50 airplane. Small General Aviation Airplanes; § 21.17(a)(2).
The SF50 is a seven seat (five adults and Docket No. 118CE) (FR Doc. 94–16233, Special conditions are initially
two children), pressurized, retractable August 5, 1994), including the Cirrus applicable to the model for which they
gear, carbon composite, single engine jet are issued. Should the type certificate
rmajette on DSK2TPTVN1PROD with RULES

Design Corporation SR20 airplanes
airplane. The airplane will have a (Special Condition No. 23–ACE–88, for that model be amended later to
Maximum Take-Off Weight of 6,000 Ballistic Recovery Systems Cirrus SR20 include any other model that
pounds, a Maximum Operating Speed of Installation, Docket No. 136CE) (FR Doc. incorporates the same or similar novel
250 Knots Calibrated Airspeed (KCAS), 97–27504, October 15, 1997). or unusual design feature, the special
and a Maximum Operating Altitude of The previously FAA-approved BPS conditions would also apply to the other
28,000 feet. consists of a parachute packed in a model under § 21.101.

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Document Created: 2016-07-15 02:53:08
Document Modified: 2016-07-15 02:53:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correcting amendments.
Dates		This rule is effective on July 15, 2016.
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]
FR Citation		81 FR 45963
RIN Number		3150-AI54
CFR Associated		Annual Charges; Byproduct Material; Holders of Certificates; Registrations; Approvals; Intergovernmental Relations; Nonpayment Penalties; Nuclear Materials; Nuclear Power Plants and Reactors; Source Material and Special Nuclear Material