82 FR 33000 - Revision of Fee Schedules; Fee Recovery for Fiscal Year 2017; Corrections

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 137 (July 19, 2017)

Page Range		33000-33002
FR Document		2017-14717

The U.S. Nuclear Regulatory Commission (NRC) published a final rule amending regulations that will become effective August 29, 2017. The fiscal year (FY) 2017 final fee rule, published June 30, 2017, amends the licensing, inspection, special project, and annual fees charged to NRC applicants and licensees. This document corrects the annual fees for fuel facility licensees.

Federal Register, Volume 82 Issue 137 (Wednesday, July 19, 2017)

[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Rules and Regulations]
[Pages 33000-33002]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14717]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2016-0081]
RIN 3150-AJ73


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2017; 
Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correction.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final 
rule amending regulations that will become effective August 29, 2017. 
The fiscal year (FY) 2017 final fee rule, published June 30, 2017, 
amends the licensing, inspection, special project, and annual fees 
charged to NRC applicants and licensees. This document corrects the 
annual fees for fuel facility licensees.

DATES: Effective Date: These corrections are effective on August 29, 
2017.

ADDRESSES: Please refer to Docket ID NRC-2016-0081 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-2016-0081. 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 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 its 
regulations in parts 170 and 171 of title 10 of the Code of Federal 
Regulations that will become effective August 29, 2017. The FY 2017 
final fee rule, published June 30, 2017 (82 FR 30682), amends the 
licensing, inspection, special project, and annual fees charged to NRC 
applicants and licensees.
    The FY 2017 final fee rule contained inadvertent errors in the 
calculation of the fuel facilities fee class annual fees. Although the 
fuel facilities total annual fee recovery amount was correctly 
calculated at $28.4 million, the NRC staff incorrectly calculated the 
prorated unpaid portion of Lead Cascade's annual fee to be spread among 
the six fee categories within the fee class for the remaining 
licensees. When prorating Lead Cascade's expected annual fee, the NRC 
staff mistakenly used the 1.E. fee category, which caused the 
calculated unpaid prorated amount to be higher than the actual prorated 
amount by $1.5 million. To correct this situation, the NRC staff 
lowered the amount to be recovered from the remaining licensees by $1.5 
million. This rule, therefore, corrects fee categories 1.A.(1)(a), 
1.A.(1)(b), 1.A.(2)(b), 1.A.(2)(c), 1.E., and 2.A.(1) in the table in 
Sec.  171.16(d) and Table VIII in the portion of the final rule 
preamble that includes these fees.

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) and (d)(3), 
the NRC finds good cause to waive notice and opportunity for comment on 
these amendments and to make this final rule effective on August 29, 
2017, the effective date of the FY 2017 final rule. These amendments 
are necessary to correct an error in the NRC's fee calculations and do 
not involve changes to NRC policy or the exercise of agency discretion. 
Second, these amendments will have no adverse effect on any person or 
entity regulated by the NRC because these amendments will lower annual 
fees (if anything, these amendments will have a beneficial effect on 
the affected fee classes). For these reasons, an opportunity for 
comment would not be meaningful. These amendments need to be effective 
on August 29, 2017, the effective date of the FY 2017 final rule, in 
order to avoid incorrect payments by stakeholders in the affected fee 
classes and the consequent administrative burden on the NRC if refunds 
must be processed.

Correction of Errors

    In FR Doc. 2017-13520, appearing on page 30682 in the Federal 
Register of Friday, June 30, 2017, the following corrections are made:

[[Page 33001]]

Correction to the Preamble

    1. Beginning on page 30686, in section a., Fuel Facilities, Table 
VIII is corrected to read as follows:

                                   Table VIII--Annual Fees for Fuel Facilities
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2016 final   FY 2017 final    Percentage
                  Facility type (fee category)                      annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................      $7,867,000      $7,255,000            -7.8
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................       2,736,000       2,629,000            -3.9
Limited Operations (1.A(2)(a))..................................             0.0             0.0             0.0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............       1,539,000       1,366,000           -11.2
Hot Cell (and others) (1.A.(2)(c))..............................         770,000         710,000            -7.8
Uranium Enrichment (1.E.).......................................       3,762,000       3,470,000            -7.8
UF6 Conversion and Deconversion (2.A.(1)).......................       1,625,000       1,498,000            -7.8
----------------------------------------------------------------------------------------------------------------

Correction to the Regulatory Text


Sec.  171.16   [Corrected]

0
2. On page 30705, in Sec.  171.16, paragraph (d), in the table, correct 
fee categories 1.A.(1), 1.A.(2)(b) and (c), 1.E., and 2.A.(1) 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 1
             Category of materials licenses                     2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-235 or
     plutonium for fuel fabrication activities.
        (a) Strategic Special Nuclear Material (High          $7,255,000
         Enriched Uranium) [Program Code(s): 21213].....
        (b) Low Enriched Uranium in Dispersible Form           2,629,000
         Used for Fabrication of Power Reactor Fuel
         [Program Code(s): 21210].......................
    (2) * * *
        (b) Gas centrifuge enrichment demonstration            1,366,000
         facilities [Program Code(s): 21205]............
        (c) Others, including hot cell facilities                710,000
         [Program Code(s): 21130, 21133]................
 
                              * * * * * * *
                                                                \11\ N/A
    E. Licenses or certificates for the operation of a         3,470,000
     uranium enrichment facility [Program Code(s):
     21200].............................................
 
                              * * * * * * *
                                                                   6,400
2. Source material:
    A. (1) Licenses for possession and use of source           1,498,000
     material for refining uranium mill concentrates to
     uranium hexafluoride or for deconverting uranium
     hexafluoride in the production of uranium oxides
     for disposal. [Program Code: 11400]................
 
                              * * * * * * *
------------------------------------------------------------------------
\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.
\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.


[[Page 33002]]

* * * * *

    Dated at Rockville, Maryland, this 10th day of July 2017.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2017-14717 Filed 7-18-17; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations 33001

Correction to the Preamble
1. Beginning on page 30686, in
section a., Fuel Facilities, Table VIII is
corrected to read as follows:

TABLE VIII—ANNUAL FEES FOR FUEL FACILITIES
FY 2016 FY 2017
Facility type Percentage
final final
(fee category) change
annual fee annual fee

High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... $7,867,000 $7,255,000 ¥7.8
Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... 2,736,000 2,629,000 ¥3.9
Limited Operations (1.A(2)(a)) ..................................................................................................... 0.0 0.0 0.0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. 1,539,000 1,366,000 ¥11.2
Hot Cell (and others) (1.A.(2)(c)) ................................................................................................. 770,000 710,000 ¥7.8
Uranium Enrichment (1.E.) .......................................................................................................... 3,762,000 3,470,000 ¥7.8
UF6 Conversion and Deconversion (2.A.(1)) ............................................................................... 1,625,000 1,498,000 ¥7.8

Correction to the Regulatory Text § 171.16 Annual fees: Materials licensees, (d) * * *
holders of certificates of compliance,
§ 171.16 [Corrected] holders of sealed source and device
■ 2. On page 30705, in § 171.16, registrations, holders of quality assurance
paragraph (d), in the table, correct fee program approvals, and government
categories 1.A.(1), 1.A.(2)(b) and (c), agencies licensed by the NRC.
1.E., and 2.A.(1) to read as follows: * * * * *

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

1. Special nuclear material:
A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities.
(a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21213] .............................................. $7,255,000
(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] 2,629,000
(2) * * *
(b) Gas centrifuge enrichment demonstration facilities [Program Code(s): 21205] ............................................................. 1,366,000
(c) Others, including hot cell facilities [Program Code(s): 21130, 21133] ............................................................................ 710,000

* * * * * * *
11 N/A

E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] .................................. 3,470,000

* * * * * * *
6,400
2. Source material:
A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride or
for deconverting uranium hexafluoride in the production of uranium oxides for disposal. [Program Code: 11400] ............... 1,498,000

* * * * * * *
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
§ 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.
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.
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33002 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations

* * * * * Examining the AD Docket This condition, if not detected and
corrected, could reduce the structural
Dated at Rockville, Maryland, this 10th day You may examine the AD docket on integrity of the fuselage.
of July 2017. the Internet at http:// Prompted by these findings, Airbus
For the Nuclear Regulatory Commission. www.regulations.gov by searching for developed an inspection programme,
Cindy Bladey, and locating Docket No. FAA–2016– published in Service Bulletin (SB) A320–53–
Chief, Rules, Announcements and Directives 9498; or in person at the Docket 1317, SB A320–53–1318, SB A320–53–1319,
Branch, Division of Administrative Services, Management Facility between 9 a.m. and SB A320–53–1320, each containing
Office of Administration. and 5 p.m., Monday through Friday, instructions for a different location.
except Federal holidays. The AD docket For the reasons described above, this
[FR Doc. 2017–14717 Filed 7–18–17; 8:45 am]
[EASA] AD requires repetitive detailed
BILLING CODE 7590–01–P contains this AD, the regulatory inspections (DET) of the affected cabin floor
evaluation, any comments received, and beam junctions [for cracking] and, depending
other information. The street address for on findings, accomplishment of a repair.
the Docket Office (telephone: 800–647– This [EASA] AD is considered an interim
DEPARTMENT OF TRANSPORTATION
5527) is Docket Management Facility, action, pending development of a permanent
Federal Aviation Administration U.S. Department of Transportation, solution.
Docket Operations, M–30, West * * * * *
14 CFR Part 39 Building Ground Floor, Room W12–140,
You may examine the MCAI in the
1200 New Jersey Avenue SE.,
AD docket on the Internet at http://
[Docket No. FAA–2016–9498; Directorate Washington, DC 20590.
Identifier 2016–NM–105–AD; Amendment www.regulations.gov by searching for
FOR FURTHER INFORMATION CONTACT:
39–18958; AD 2017–14–14] and locating Docket No. FAA–2016–
Sanjay Ralhan, Aerospace Engineer, 9498.
RIN 2120–AA64 International Branch, ANM–116,
Transport Airplane Directorate, FAA, Comments
Airworthiness Directives; Airbus 1601 Lind Avenue SW., Renton, WA We gave the public the opportunity to
Airplanes 98057–3356; telephone: 425–227–1405; participate in developing this AD. The
fax: 425–227–1149. following presents the comment
AGENCY: Federal Aviation
SUPPLEMENTARY INFORMATION: received on the NPRM and the FAA’s
Administration (FAA), Department of
Transportation (DOT). Discussion response.
ACTION: Final rule. We issued a notice of proposed Request To Use Later Approved Service
rulemaking (NPRM) to amend 14 CFR Information Revisions
SUMMARY: We are adopting a new part 39 by adding an AD that would Delta Airlines (DAL) requested that
airworthiness directive (AD) for all apply to all Airbus Model A321 series we revise the proposed AD to permit
Airbus Model A321 series airplanes. airplanes. The NPRM published in the use of later approved revisions of
This AD was prompted by a Federal Register on December 16, 2016 service information as we have done in
determination from fatigue testing that (81 FR 91060). The NPRM was previous alternative methods of
cracks could develop in the cabin floor prompted by a determination from compliance (AMOCs). DAL stated that
beam junction at certain fuselage frame fatigue testing on the Model A321 Airbus service bulletins are EASA
locations. This AD requires repetitive airframe that cracks could develop in approved, and through the bi-lateral
inspections for cracking in the cabin the cabin floor beam junction at certain agreement with the European Union,
floor beam junction at certain fuselage fuselage frame locations. The NPRM these subsequent service bulletin
frame locations, and repair if necessary. proposed to require repetitive revisions should be allowed to be used
We are issuing this AD to address the inspections for cracking in the cabin by U.S. operators without seeking an
unsafe condition on these products. floor beam junction at certain fuselage AMOC. DAL also explained that having
DATES: This AD is effective August 23, frame locations, and repair if necessary. the ability to utilize future service
2017. We are issuing this AD to detect and bulletin revisions without seeking an
The Director of the Federal Register correct cracking in the cabin floor beam AMOC is more efficient and preserves
approved the incorporation by reference junction at certain fuselage frame the required level of safety. DAL added
of certain publications listed in this AD locations, which could result in reduced that they operate airplanes that are not
as of August 23, 2017. structural integrity of the airplane. listed in the service bulletin
ADDRESSES: For service information The European Aviation Safety Agency applicability, but are included in the
identified in this final rule, contact (EASA), which is the Technical Agent proposed AD. DAL claimed that without
Airbus, Airworthiness Office—EIAS, 1 for the Member States of the European a provision allowing later approved
Rond Point Maurice Bellonte, 31707 Union, has issued EASA AD 2016–0105, revisions, they might have to apply for
Blagnac Cedex, France; telephone: +33 5 dated June 6, 2016 (referred to after this multiple AMOCs as the service
61 93 36 96; fax: +33 5 61 93 44 51; as the Mandatory Continuing information is updated.
email: account.airworth-eas@ Airworthiness Information, or ‘‘the We do not agree with DAL’s request.
airbus.com; Internet: http:// MCAI’’), to correct an unsafe condition We may not refer to any document that
www.airbus.com. You may view this on all Airbus Model A321 series does not yet exist in an AD. In general
referenced service information at the airplanes. The MCAI states: terms, we are required by Office of the
FAA, Transport Airplane Directorate, Following the results of a new full scale Federal Register (OFR) regulations to
mstockstill on DSK30JT082PROD with RULES

1601 Lind Avenue SW., Renton, WA. fatigue test campaign on the A321 airframe either publish the service document
For information on the availability of in the context of the A321 extended service contents as part of the actual AD
this material at the FAA, call 425–227– goal, it was identified that cracks could language; or submit the service
develop in the cabin floor beam junctions at
1221. It is also available on the Internet fuselage frame (FR) 35.1 and FR 35.2, on both document to the OFR for approval as
at http://www.regulations.gov by left hand (LH) and right hand (RH) sides, also ‘‘referenced’’ material, in which case we
searching for and locating Docket No. on aeroplanes operated in the context of may only refer to such material in the
FAA–2016–9498. design service goal. text of an AD. The AD may refer to the

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Document Created: 2017-07-19 06:17:31
Document Modified: 2017-07-19 06:17:31

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; correction.
Dates		Effective Date: These corrections are effective on August 29, 2017.
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		82 FR 33000
RIN Number		3150-AJ73
CFR Citation		10 CFR 170 10 CFR 171