81_FR_61272 81 FR 61100 - Revision of Fee Schedules; Fee Recovery for Fiscal Year 2016; Correction

81 FR 61100 - Revision of Fee Schedules; Fee Recovery for Fiscal Year 2016; Correction

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 172 (September 6, 2016)

Page Range61100-61102
FR Document2016-21270

The U.S. Nuclear Regulatory Commission (NRC) published a final rule amending regulations that became effective August 23, 2016. The fiscal year (FY) 2016 final fee rule, published June 24, 2016, amended the licensing, inspection, special project, and annual fees charged to NRC applicants and licensees. This document corrects the annual fee for materials licensees in the category ``Nuclear laundries'' from the FY 2016 rate of $0 to the FY 2015 rate of $40,100. This correction allows Agreement States to continue to collect fees in this fee category.

Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016)
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61100-61102]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21270]


=======================================================================
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NUCLEAR REGULATORY COMMISSION

10 CFR Part 171

[NRC-2015-0223]
RIN 3150-AJ66


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2016; 
Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final 
rule amending regulations that became effective August 23, 2016. The 
fiscal year (FY) 2016 final fee rule, published June 24, 2016, amended 
the licensing, inspection, special project, and annual fees charged to 
NRC applicants and licensees. This document corrects the annual fee for 
materials licensees in the category ``Nuclear laundries'' from the FY 
2016 rate of $0 to the FY 2015 rate of $40,100. This correction allows 
Agreement States to continue to collect fees in this fee category.

DATES: Effective Date: September 6, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0223 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0223. 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].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One

[[Page 61101]]

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 amending 
regulations that became effective August 23, 2016. The FY 2016 final 
fee rule, published June 24, 2016 (81 FR 41171), amended the licensing, 
inspection, special project, and annual fees charged to NRC applicants 
and licensees.
    Fee category 6.A. under Sec.  171.16(d) includes fees for licenses 
for the commercial collection and laundry of items contaminated with 
byproduct material, source material, or special nuclear material 
[Program Code(s): 03218]. Because the NRC has no licensees in this 
category, the final rule inadvertently set the fee amount at $0. 
However, there are several Agreement States with licensees in this 
category. Agreement States that regulate nuclear laundries incorporate 
by reference the NRC fee schedule into their own regulations to 
establish their fees. To establish a fee for nuclear laundries in the 
absence of an NRC fee amount, the Agreement States would need to 
initiate a rulemaking, a timely and costly solution to fix the NRC's 
administrative oversight. Therefore, the NRC is correcting this 
oversight and changing the annual fee for fee category 6.A. for 
materials licensees from the FY 2016 rate of $0 to the FY 2015 rate of 
$40,100. This correction will have no material impact on the fees paid 
by NRC licensees for services; it will, however, allow Agreement States 
to continue to set and collect fees for regulated services in the 
equivalent fee category.

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 this 
amendment. This amendment is needed to correct an inadvertent error by 
the NRC, which removed the fee amount for nuclear laundries. The NRC 
incorrectly believed that there would be no consequences to removing 
the fee amount because there are no NRC-regulated nuclear laundries for 
which the NRC must collect fees. However, the NRC did not realize that 
many Agreement States regulating nuclear laundries base their fees upon 
the NRC-prescribed amount. Removal of the NRC fee would have the 
unforeseen and unintended adverse consequence of preventing those 
Agreement States from collecting fees from nuclear laundries regulated 
by those Agreement States. This rulemaking merely restores the 
previously prescribed fee for NRC-regulated nuclear laundries. The sole 
purpose of this rulemaking is to allow those Agreement States that base 
their fees on the NRC-prescribed amount to collect fees from nuclear 
laundries regulated by those Agreement States. As set forth earlier, 
this action has no effect on NRC-regulated entities because there are 
no NRC-regulated nuclear laundries. For these reasons, 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.

List of Subjects in 10 CFR Part 171

    Annual charges, Approvals, Byproduct material, Holders of 
certificates, Intergovernmental relations, Nonpayment penalties, 
Nuclear materials, Nuclear power plants and reactors, Registrations, 
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 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.  171.16, paragraph (d), revise fee category 6.A. of the 
table to read as follows:


Sec.  171.16   Annual fees: Materials licensees, holders of 
certificates of compliance, holders of sealed source and device 
registrations, holders of quality assurance program approvals, and 
government agencies licensed by the NRC.

* * * * *
    (d) * * *

   Schedule of Materials Annual Fees and Fees for Government Agencies
                             Licensed by NRC
                     [See footnotes at end of table]
------------------------------------------------------------------------
                                                            Annual fees
             Category of materials licenses                 \1\ \2\ \3\
------------------------------------------------------------------------
 
                              * * * * * * *
6. Nuclear laundries:...................................
    A. Licenses for commercial collection and laundry of         $40,100
     items contaminated with byproduct material, source
     material, or special nuclear material [Program
     Code(s): 03218]....................................
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
  valid license with the NRC authorizing possession and use of
  radioactive material during the current FY. The annual fee is waived
  for those materials licenses and holders of certificates,
  registrations, and approvals who either filed for termination of their
  licenses or approvals or filed for possession only/storage licenses
  before October 1, 2015, and permanently ceased licensed activities
  entirely before this date. Annual fees for licensees who filed for
  termination of a license, downgrade of a license, or for a possession-
  only license during the FY and for new licenses issued during the FY
  will be prorated in accordance with the provisions of Sec.   171.17.
  If a person holds more than one license, certificate, registration, or
  approval, the annual fee(s) will be assessed for each license,
  certificate, registration, or approval held by that person. For
  licenses that authorize more than one activity on a single license
  (e.g., human use and irradiator activities), annual fees will be
  assessed for each category applicable to the license.
\2\ Payment of the prescribed annual fee does not automatically renew
  the license, certificate, registration, or approval for which the fee
  is paid. Renewal applications must be filed in accordance with the
  requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.

[[Page 61102]]

 
\3\ Each FY, fees for these materials licenses will be calculated and
  assessed in accordance with Sec.   171.13 and will be published in the
  Federal Register for notice and comment.

* * * * *

    Dated at Rockville, Maryland, this 30th day of August, 2016.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2016-21270 Filed 9-2-16; 8:45 am]
 BILLING CODE 7590-01-P



                                           61100            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations

                                           and a 30-day delay in the rule’s effective              regulation set forth in section 1 of                  NUCLEAR REGULATORY
                                           date. Because this minor amendment is                   Executive Order 12866, Regulatory                     COMMISSION
                                           strictly technical in nature, providing                 Planning and Review. The Office of
                                           notice and comment and delaying the                     Management and Budget has                             10 CFR Part 171
                                           effective date are unnecessary.                         determined that this technical rule                   [NRC–2015–0223]
                                           Moreover, in clarifying the meaning of                  amendment is not ‘‘significant’’ under
                                           ‘‘employee,’’ this rule is an                           Executive Order 12866.                                RIN 3150–AJ66
                                           interpretative rule and thus exempt
                                           from notice and comment and a delay                     Executive Order 12988                                 Revision of Fee Schedules; Fee
                                           in effective date pursuant to 5 U.S.C.                                                                        Recovery for Fiscal Year 2016;
                                                                                                     As Director of the Office of
                                           553(b) and 553(d)(2), respectively.                                                                           Correction
                                           Finally, this rule recognizes exemptions,               Government Ethics, I have reviewed this
                                           which exempts the rule from the 30-day                  interim final rule in light of section 3 of           AGENCY:  Nuclear Regulatory
                                           delayed effective date pursuant to 5                    Executive Order 12988, Civil Justice                  Commission.
                                           U.S.C. 553(d)(1). Nonetheless, this                     Reform, and certify that it meets the                 ACTION: Final rule; correcting
                                           interim final rule provides a 60-day                    applicable standards provided therein.                amendment.
                                           comment period for agencies and the                     List of Subjects in 5 CFR Part 2640
                                           public. The Office of Government Ethics                                                                       SUMMARY:   The U.S. Nuclear Regulatory
                                           will review any comments received                         Conflict of interests, Government                   Commission (NRC) published a final
                                           during the comment period and                                                                                 rule amending regulations that became
                                                                                                   employees.
                                           consider any modifications to this rule                                                                       effective August 23, 2016. The fiscal
                                                                                                     Approved: August 30, 2016.                          year (FY) 2016 final fee rule, published
                                           that appear warranted.
                                                                                                   Walter M. Shaub, Jr.,                                 June 24, 2016, amended the licensing,
                                           Regulatory Flexibility Act                              Director, Office of Government Ethics.                inspection, special project, and annual
                                             As Director of the Office of                                                                                fees charged to NRC applicants and
                                           Government Ethics, I certify under the                    Accordingly, for the reasons set forth              licensees. This document corrects the
                                           Regulatory Flexibility Act (5 U.S.C.                    in the preamble, the Office of                        annual fee for materials licensees in the
                                           chapter 6) that this interim final rule                 Government Ethics amends 5 CFR part                   category ‘‘Nuclear laundries’’ from the
                                           would not have a significant economic                   2640 as follows:                                      FY 2016 rate of $0 to the FY 2015 rate
                                           impact on a substantial number of small                                                                       of $40,100. This correction allows
                                           entities because it primarily affects                   PART 2640—INTERPRETATION,                             Agreement States to continue to collect
                                           covered employees.                                      EXEMPTIONS AND WAIVER                                 fees in this fee category.
                                                                                                   GUIDANCE CONCERNING 18 U.S.C.                         DATES: Effective Date: September 6,
                                           Paperwork Reduction Act                                 208 (ACTS AFFECTING A PERSONAL                        2016.
                                             The Paperwork Reduction Act (44                       FINANCIAL INTEREST)
                                                                                                                                                         ADDRESSES:   Please refer to Docket ID
                                           U.S.C. chapter 35) does not apply
                                                                                                                                                         NRC–2015–0223 when contacting the
                                           because this regulation does not contain                ■ 1. The authority citation for part 2640             NRC about the availability of
                                           information collection requirements that                continues to read as follows:                         information for this action. You may
                                           require approval of the Office of
                                                                                                     Authority: 5 U.S.C. App. (Ethics in                 obtain publicly-available information
                                           Management and Budget.
                                                                                                   Government Act of 1978); 18 U.S.C. 208; E.O.          related to this action by any of the
                                           Unfunded Mandates Reform Act                            12674, 54 FR 15159, 3 CFR, 1989 Comp., p.             following methods:
                                              For purposes of the Unfunded                         215, as modified by E.O. 12731, 55 FR 42547,             • Federal Rulemaking Web site: Go to
                                           Mandates Reform Act of 1995 (2 U.S.C.                   3 CFR, 1990 Comp., p. 306.                            http://www.regulations.gov and search
                                           chapter 25, subchapter II), this interim                                                                      for Docket ID NRC–2015–0223. Address
                                           final rule would not significantly or                   ■ 2. Revise the first sentence of                     questions about NRC dockets to Carol
                                           uniquely affect small governments and                   § 2640.102(b) to read as follows:                     Gallagher; telephone: 301–415–3463;
                                           will not result in increased expenditures                                                                     email: Carol.Gallagher@nrc.gov. For
                                                                                                   § 2640.102    Definitions.                            technical questions, contact the
                                           by State, local, and tribal governments,
                                           in the aggregate, or by the private sector,             *     *     *    *     *                              individual listed in the FOR FURTHER
                                           of $100 million or more (as adjusted for                  (b) Employee means an officer or                    INFORMATION CONTACT section of this
                                           inflation) in any one year.                             employee of the executive branch of the               document.
                                                                                                   United States, or of any independent                     • NRC’s Agencywide Documents
                                           Congressional Review Act                                                                                      Access and Management System
                                                                                                   agency of the United States, a Federal
                                              The Office of Government Ethics has                  Reserve bank director, officer, or                    (ADAMS): You may obtain publicly-
                                           determined that this rulemaking                         employee, an officer or employee of the               available documents online in the
                                           involves a nonmajor rule under the                      District of Columbia, or any other                    ADAMS Public Documents collection at
                                           Congressional Review Act (5 U.S.C.                                                                            http://www.nrc.gov/reading-rm/
                                                                                                   individual subject to requirements of 18
                                           chapter 8) and will, before the interim                                                                       adams.html. To begin the search, select
                                                                                                   U.S.C. 208. * * *
                                           final rule takes effect, submit a report                                                                      ‘‘ADAMS Public Documents’’ and then
                                           thereon to the U.S. Senate, House of                    *     *     *    *     *                              select ‘‘Begin Web-based ADAMS
                                                                                                   [FR Doc. 2016–21293 Filed 9–2–16; 8:45 am]            Search.’’ For problems with ADAMS,
                                           Representatives and General Accounting
                                           Office in accordance with that law.                     BILLING CODE 6345–03–P                                please contact the NRC’s Public
ehiers on DSK5VPTVN1PROD with RULES




                                                                                                                                                         Document Room (PDR) reference staff at
                                           Executive Order 12866                                                                                         1–800–397–4209, 301–415–4737, or by
                                             In promulgating this rule amendment,                                                                        email to pdr.resource@nrc.gov.
                                           the Office of Government Ethics has                                                                              • NRC’s PDR: You may examine and
                                           adhered to the regulatory philosophy                                                                          purchase copies of public documents at
                                           and the applicable principles of                                                                              the NRC’s PDR, Room O1–F21, One


                                      VerDate Sep<11>2014   15:06 Sep 02, 2016   Jkt 238001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\06SER1.SGM   06SER1


                                                              Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations                                                                         61101

                                           White Flint North, 11555 Rockville                                set and collect fees for regulated                                List of Subjects in 10 CFR Part 171
                                           Pike, Rockville, Maryland 20852.                                  services in the equivalent fee category.
                                                                                                                                                                                 Annual charges, Approvals,
                                           FOR FURTHER INFORMATION CONTACT:                                  Rulemaking Procedure                                              Byproduct material, Holders of
                                           Michele Kaplan, Office of the Chief                                                                                                 certificates, Intergovernmental relations,
                                                                                                               Under the Administrative Procedure
                                           Financial Officer, U.S. Nuclear                                                                                                     Nonpayment penalties, Nuclear
                                                                                                             Act (5 U.S.C. 553(b)), an agency may
                                           Regulatory Commission, Washington,                                                                                                  materials, Nuclear power plants and
                                                                                                             waive the normal notice and comment
                                           DC 20555–0001, telephone: 301–415–                                                                                                  reactors, Registrations, Source material,
                                                                                                             requirements if it finds, for good cause,
                                           5256, email: Michele.Kaplan@nrc.gov.                                                                                                Special nuclear material.
                                                                                                             that they are impracticable,
                                           SUPPLEMENTARY INFORMATION: The NRC                                unnecessary, or contrary to the public                              For the reasons set out in the
                                           published a final rule amending                                   interest. As authorized by 5 U.S.C.                               preamble and under the authority of the
                                           regulations that became effective August                          553(b)(3)(B), the NRC finds good cause                            Atomic Energy Act of 1954, as amended;
                                           23, 2016. The FY 2016 final fee rule,                             to waive notice and opportunity for                               the Energy Reorganization Act of 1974,
                                           published June 24, 2016 (81 FR 41171),                            comment on this amendment. This                                   as amended; and 5 U.S.C. 552 and 553,
                                           amended the licensing, inspection,                                amendment is needed to correct an                                 the NRC is adopting the following
                                           special project, and annual fees charged                          inadvertent error by the NRC, which                               amendments to 10 CFR part 171:
                                           to NRC applicants and licensees.                                  removed the fee amount for nuclear
                                              Fee category 6.A. under § 171.16(d)                            laundries. The NRC incorrectly believed                           PART 171—ANNUAL FEES FOR
                                           includes fees for licenses for the                                that there would be no consequences to                            REACTOR LICENSES AND FUEL
                                           commercial collection and laundry of                              removing the fee amount because there                             CYCLE LICENSES AND MATERIALS
                                           items contaminated with byproduct                                 are no NRC-regulated nuclear laundries                            LICENSES, INCLUDING HOLDERS OF
                                           material, source material, or special                             for which the NRC must collect fees.                              CERTIFICATES OF COMPLIANCE,
                                           nuclear material [Program Code(s):                                However, the NRC did not realize that                             REGISTRATIONS, AND QUALITY
                                           03218]. Because the NRC has no                                    many Agreement States regulating                                  ASSURANCE PROGRAM APPROVALS
                                           licensees in this category, the final rule                        nuclear laundries base their fees upon                            AND GOVERNMENT AGENCIES
                                           inadvertently set the fee amount at $0.                           the NRC-prescribed amount. Removal of                             LICENSED BY THE NRC
                                           However, there are several Agreement                              the NRC fee would have the unforeseen
                                           States with licensees in this category.                           and unintended adverse consequence of                             ■ 1. The authority citation for part 171
                                           Agreement States that regulate nuclear                            preventing those Agreement States from                            continues to read as follows:
                                           laundries incorporate by reference the                            collecting fees from nuclear laundries                              Authority: Atomic Energy Act of 1954,
                                           NRC fee schedule into their own                                   regulated by those Agreement States.                              secs. 11, 161(w), 223, 234 (42 U.S.C. 2014,
                                           regulations to establish their fees. To                           This rulemaking merely restores the                               2201(w), 2273, 2282); Energy Reorganization
                                           establish a fee for nuclear laundries in                          previously prescribed fee for NRC-                                Act of 1974, sec. 201 (42 U.S.C. 5841); 42
                                           the absence of an NRC fee amount, the                             regulated nuclear laundries. The sole                             U.S.C. 2214; 44 U.S.C. 3504 note.
                                           Agreement States would need to initiate                           purpose of this rulemaking is to allow
                                           a rulemaking, a timely and costly                                 those Agreement States that base their                            ■ 2. In § 171.16, paragraph (d), revise fee
                                           solution to fix the NRC’s administrative                          fees on the NRC-prescribed amount to                              category 6.A. of the table to read as
                                           oversight. Therefore, the NRC is                                  collect fees from nuclear laundries                               follows:
                                           correcting this oversight and changing                            regulated by those Agreement States. As                           § 171.16 Annual fees: Materials licensees,
                                           the annual fee for fee category 6.A. for                          set forth earlier, this action has no effect                      holders of certificates of compliance,
                                           materials licensees from the FY 2016                              on NRC-regulated entities because there                           holders of sealed source and device
                                           rate of $0 to the FY 2015 rate of $40,100.                        are no NRC-regulated nuclear laundries.                           registrations, holders of quality assurance
                                           This correction will have no material                             For these reasons, the NRC finds,                                 program approvals, and government
                                           impact on the fees paid by NRC                                    pursuant to 5 U.S.C. 553(d)(3), that good                         agencies licensed by the NRC.
                                           licensees for services; it will, however,                         cause exists to make this rule effective                          *       *    *           *        *
                                           allow Agreement States to continue to                             upon publication of this notice.                                      (d) * * *

                                                            SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC
                                                                                                                        [See footnotes at end of table]

                                                                                                                                                                                                                           Annual
                                                                                                            Category of materials licenses                                                                                fees 1 2 3


                                                    *                     *                  *                               *                                 *                                *                          *
                                           6. Nuclear laundries:.
                                               A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or spe-
                                                 cial nuclear material [Program Code(s): 03218] .......................................................................................................................        $40,100

                                                       *                           *                           *                           *                            *                           *                      *
                                              1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive
                                           material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who
                                           either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1, 2015, and permanently
ehiers on DSK5VPTVN1PROD with RULES




                                           ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for
                                           a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of
                                           § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certifi-
                                           cate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and
                                           irradiator activities), annual fees will be assessed for each category applicable to the license.
                                              2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid.
                                           Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.



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                                           61102            Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations

                                            3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal
                                           Register for notice and comment.


                                           *      *     *       *      *                             • Hand Delivery: U.S. Department of                    This condition, if not detected and
                                                                                                   Transportation, Docket Operations, M–                 corrected, could result in a fire, damaging the
                                             Dated at Rockville, Maryland, this 30th day                                                                 balloon and its envelope, ultimately leading
                                           of August, 2016.                                        30, West Building Ground Floor, Room
                                                                                                                                                         to an emergency landing, with consequent
                                             For the Nuclear Regulatory Commission.                W12–140, 1200 New Jersey Avenue SE.,
                                                                                                                                                         injury to balloon occupants and persons on
                                           Cindy Bladey,
                                                                                                   Washington, DC 20590, between 9 a.m.                  the ground.
                                                                                                   and 5 p.m., Monday through Friday,                       To address this potential unsafe condition,
                                           Chief, Rules, Announcements and Directives
                                           Branch, Division of Administrative Services,
                                                                                                   except Federal holidays.                              Balóny Kubı́ček spol. s.r.o. (the hose
                                           Office of Administration.                                 For service information identified in               assemblies’ manufacturer) published Service
                                                                                                   this AD, contact BALÓNY KUBÍČEK                    Bulletin (SB) N° BB/50, BB–S/11, AB24 rev.
                                           [FR Doc. 2016–21270 Filed 9–2–16; 8:45 am]
                                                                                                   spol. s r. o., Jarnı́ 2a, 614 00 Brno, Czech          1, which provides instructions for
                                           BILLING CODE 7590–01–P                                                                                        replacement of the affected fuel hoses with
                                                                                                   Republic, telephone: +420 545 422 620;
                                                                                                   fax: +420 545 422 621; email: info@                   an improved part. As the affected burner and
                                                                                                                                                         related fuel hoses can easily be installed on
                                                                                                   kubicekballons.cz; Internet: http://                  other hot air balloons, this AD applies to all
                                           DEPARTMENT OF TRANSPORTATION                            www.kubicekballoons.eu. You may view                  possibly affected type designs.
                                                                                                   this referenced service information at                   For the reasons described above, this AD
                                           Federal Aviation Administration
                                                                                                   the FAA, Small Airplane Directorate,                  required identification and replacement of
                                                                                                   901 Locust, Kansas City, Missouri                     the affected fuel hoses.
                                           14 CFR Part 39
                                                                                                   64106. For information on the                         You may examine the MCAI on the
                                           [Docket No. FAA–2016–8989; Directorate                  availability of this material at the FAA,             Internet at http://www.regulations.gov
                                           Identifier 2016–CE–025–AD; Amendment                    call (816) 329–4148. It is also available
                                           39–18641; AD 2016–17–04 R1]                                                                                   by searching for and locating Docket No.
                                                                                                   on the Internet at http://                            FAA–2016–8989.
                                           RIN 2120–AA64                                           www.regulations.gov by searching for                     Since we issued AD 2016–17–04,
                                                                                                   locating Docket No. FAA–2016–8989.                    Amendment 39–18617 (81 FR 57449,
                                           Airworthiness Directives; All Hot Air                                                                         August 23, 2016), we have determined
                                                                                      Examining the AD Docket
                                           Balloons                                                                                                      that the AD should be revised to
                                                                                         You may examine the AD docket on                                eliminate the unnecessary need to
                                           AGENCY: Federal Aviation                   the Internet at http://
                                           Administration (FAA), DOT.                                                                                    document the AD by logbook entry
                                                                                      www.regulations.gov by searching for                               when the hot air balloon does not have
                                           ACTION: Final rule; request for            and locating Docket No. FAA–2016–                                  fuel hoses made of ‘‘EGEFLEX’’
                                           comments.                                  8989; or in person at the Docket                                   material. Therefore, the FAA
                                                                                      Management Facility between 9 a.m.                                 determined that the inspection required
                                           SUMMARY: We are revising Airworthiness
                                                                                      and 5 p.m., Monday through Friday,                                 should be eliminated and the
                                           Directive (AD) 2016–17–04, which           except Federal holidays. The AD docket
                                           applies to all hot air balloons equipped                                                                      applicability should be narrowed to
                                                                                      contains this AD, the regulatory                                   only include those balloons that have
                                           with BALÓNY KUBÍČEK spol. s r.o.        evaluation, any comments received, and
                                           Model Kubı́ček burners. Both the                                                                             both the Kubı́ček burner and fuel hoses
                                                                                      other information. The street address for                          made of ‘‘EGEFLEX’’ material installed.
                                           original and revised AD result from        the Docket Office (telephone (800) 647–
                                           mandatory continuing airworthiness         5527) is in the ADDRESSES section.                                 Related Service Information Under 1
                                           information (MCAI) issued by the           Comments will be available in the AD                               CFR Part 51
                                           aviation authority of another country to   docket shortly after receipt.
                                           identify and correct an unsafe condition                                                                         BALÓNY KUBÍČEK spol. s r.o. has
                                                                                      FOR FURTHER INFORMATION CONTACT: Karl                              issued Service Bulletin No. BB/50, BB–
                                           on an aviation product. This AD action
                                                                                      Schletzbaum, Aerospace Engineer, FAA,                              S/11, AB24 rev.1, dated May 12, 2016.
                                           revises AD 2016–17–04 to eliminate
                                                                                      Small Airplane Directorate, 901 Locust,                            The service information describes
                                           certain unnecessary documentation
                                                                                      Room 301, Kansas City, Missouri 64106;                             procedures for replacing all fuel hoses
                                           requirements.
                                                                                      telephone: (816) 329–4123; fax: (816)                              on burners that are made of ‘‘EGEFLEX’’
                                           DATES: This AD is effective on             329–4090; email: karl.schletzbaum@                                 material. This service information is
                                           September 6, 2016.                         faa.gov.                                                           reasonably available because the
                                             The Director of the Federal Register                                                                        interested parties have access to it
                                                                                      SUPPLEMENTARY INFORMATION:
                                           approved the incorporation by reference                                                                       through their normal course of business
                                           of a certain publication listed in this AD Discussion                                                         or by the means identified in the
                                           as of August 29, 2016 (81 FR 57449,           On August 16, 2016, we issued AD                                ADDRESSES section of this AD.
                                           August 23, 2016).                          2016–17–04, Amendment 39–18617 (81
                                             We must receive comments on this                                                                            FAA’s Determination and Requirements
                                                                                      FR 57449, August 23, 2016). That AD
                                           AD by October 21, 2016.                                                                                       of This AD
                                                                                      required actions intended to address an
                                           ADDRESSES: You may send comments by unsafe condition on all hot air balloons                                    This product has been approved by
                                           any of the following methods:              equipped with a Kubı́ček burner and                               the aviation authority of another
                                             • Federal eRulemaking Portal: Go to      was based on mandatory continuing                                  country, and is approved for operation
                                           http://www.regulations.gov. Follow the     airworthiness information (MCAI)                                   in the United States. Pursuant to our
                                           instructions for submitting comments.      originated by an aviation authority of                             bilateral agreement with this State of
ehiers on DSK5VPTVN1PROD with RULES




                                             • Fax: (202) 493–2251.                   another country. That MCAI states:                                 Design Authority, they have notified us
                                             • Mail: U.S. Department of                  Three propane leaks were reported in the
                                                                                                                                                         of the unsafe condition described in the
                                           Transportation, Docket Operations, M–      recent past on a burner manufactured by                            MCAI and service information
                                           30, West Building Ground Floor, Room       Balóny Kubı́ček spol. s.r.o., equipped with                      referenced above. We are issuing this
                                           W12–140, 1200 New Jersey Avenue SE., the fuel hoses made of hose material                                     AD because we evaluated all
                                           Washington, DC 20590.                      ‘‘EGEFLEX’’.                                                       information provided by the State of


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Document Created: 2018-02-09 12:03:53
Document Modified: 2018-02-09 12:03:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendment.
DatesEffective Date: September 6, 2016.
ContactMichele Kaplan, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-5256, email: [email protected]
FR Citation81 FR 61100 
RIN Number3150-AJ66
CFR AssociatedAnnual Charges; Approvals; Byproduct Material; Holders of Certificates; Intergovernmental Relations; Nonpayment Penalties; Nuclear Materials; Nuclear Power Plants and Reactors; Registrations; Source Material and Special Nuclear Material

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