83_FR_55326 83 FR 55113 - Categorization of the Licensee Fee Category for Full-Cost Recovery

83 FR 55113 - Categorization of the Licensee Fee Category for Full-Cost Recovery

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 213 (November 2, 2018)

Page Range55113-55114
FR Document2018-24002

The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking (PRM) from Mr. Christopher S. Pugsley, Esq. (the petitioner), on behalf of Water Remediation Technology (WRT), LLC, dated July 3, 2018, requesting that the NRC amend its regulations regarding full-cost recovery of licensee fees. The petition was docketed by the NRC on August 2, 2018, and has been assigned Docket No. PRM-170-7. The NRC is examining the issues raised in PRM-170-7 to determine whether they should be considered in rulemaking. The NRC is not instituting a public comment period for this PRM as the staff anticipates considering the issues raised in the petition in the upcoming fiscal year 2019 proposed fee rule, and the public will have an opportunity to comment at that time.

Federal Register, Volume 83 Issue 213 (Friday, November 2, 2018) 
[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Proposed Rules]
[Pages 55113-55114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24002]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[Docket No. PRM-170-7; NRC-2018-0172]


Categorization of the Licensee Fee Category for Full-Cost 
Recovery

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; notice of docketing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
petition for rulemaking (PRM) from Mr. Christopher S. Pugsley, Esq. 
(the petitioner), on behalf of Water Remediation Technology (WRT), LLC, 
dated July 3, 2018, requesting that the NRC amend its regulations 
regarding full-cost recovery of licensee fees. The petition was 
docketed by the NRC on August 2, 2018, and has been assigned Docket No. 
PRM-170-7. The NRC is examining the issues raised in PRM-170-7 to 
determine whether they should be considered in rulemaking. The NRC is 
not instituting a public comment period for this PRM as the staff 
anticipates considering the issues raised in the petition in the 
upcoming fiscal year 2019 proposed fee rule, and the public will have 
an opportunity to comment at that time.

DATES: The PRM is available on November 2, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0172 when contacting the 
NRC about the availability of information for this petition. You may 
obtain publicly-available information

[[Page 55114]]

related to this petition by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0172. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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 pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. The petition, PRM-170-7, is available in ADAMS under 
Accession No. ML18214A757.
     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: Renu Suri, Office of the Chief 
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-0161, email: Renu.Suri@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. The Petitioner

    Mr. Christopher S. Pugsley, Esq. (the petitioner) submitted this 
petition on behalf of WRT, requesting that the NRC amend its 
regulations to re-categorize licensees performing water treatment 
services from a full-cost recovery category to a category with a fixed 
annual fee.

II. The Petition

    The petitioner is requesting that the NRC revise parts 170 and 171 
of title 10 of the Code of Federal Regulations (10 CFR) to re-
categorize WRT as a licensee that does not require full-cost recovery 
for fees billed to it during the life of its license, address 
consistency issues between 10 CFR parts 170 and 171 for small entities, 
and extend the timeframe in which a request for a fee exemption must be 
submitted under Sec.  170.11. The petitioner also requests that the 
rule change be actively considered in the NRC's fiscal year 2019 
rulemaking for its fee regulations.

III. Discussion of the Petition

    The petitioner requests that the NRC amend its regulations to re-
categorize WRT as a licensee that does not require full-cost recovery 
for fees billed to it during the life of its license under 10 CFR part 
170, address consistency issues between 10 CFR parts 170 and 171 for 
small entities, and consider this rule change during the FY 2019 
revision of the fee rule. The petitioner assists small community water 
systems with compliance with the uranium drinking water standard: 
``WRT's license operations are not intended to process source material 
for its commercial value thereby reducing the financial benefit to the 
licensee as compared to uranium recovery facilities that process ores 
primarily for their source material content.'' The petitioner suggests 
that the NRC should further ease the financial burden on community 
water systems so that they may comply with the uranium drinking water 
standard. The petitioner also notes NRC actions that seem to agree with 
his recommendation.
    The petitioner also requests additional conforming and related 
changes. The petitioner asserts that the NRC should consider addressing 
consistency issues between 10 CFR parts 170 and 171 fees for uranium 
water treatment licensees that are recognized by the NRC as small 
entities. The petitioner also requested that the NRC consider amending 
language under Sec.  170.11 to extend the time within which a licensee 
may appeal the assessment of fees and apply for a fee exemption. The 
petitioner notes that NRC could approve the petition as an alternative 
to revising the NRC's fee recovery requirements during the next 
revision of the annual fee rule.

IV. Conclusion

    The NRC will examine the issues raised in PRM-170-7 to determine 
whether they should be considered in rulemaking.

    Dated at Rockville, Maryland, this 29th day of October, 2018.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2018-24002 Filed 11-1-18; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Proposed Rules 55113 operations when combined with other may be passed on to producers. PART 987—DOMESTIC DATES income. In addition, the crop estimate However, these costs would be offset by PRODUCED OR PACKED IN for the 2018–19 crop year is expected to the benefits derived by the operation of RIVERSIDE, CALIFORNIA be 29,000,000 pounds, compared to the Order. In addition, the Committee’s 36,000,000 pounds for the 2017–18 crop and the Subcommittee’s meetings were ■ 1. The authority citation for part 987 year. widely publicized throughout the continues to read as follows: The income generated from the California date industry. All interested Authority: 7 U.S.C. 601–674. proposed higher assessment rate applied persons were invited to attend the to the estimated crop, combined with meetings and encouraged to participate ■ 2. Section 987.339 is revised to read carry-in funds from the 2017–18 crop in Committee deliberations on all as follows: year and income from other sources, issues. Like all Committee meetings, the § 987.339 Assessment rate. should be sufficient to cover anticipated June 28, 2018, meeting was a public 2018–19 expenses and to maintain a On and after October 1, 2018, an meeting, and all entities, both large and financial reserve within the limit assessment rate of $0.15 per small, were able to express views on specified by the Order. hundredweight is established for dates this issue. Interested persons are invited Section 987.72(d) states that the to submit comments on this proposed produced or packed in Riverside Committee may maintain an operating rule, including the regulatory and County, California. monetary reserve not to exceed the information collection impacts of this Dated: October 29, 2018. average of one year’s expenses incurred action on small businesses. Bruce Summers, during the most recent five preceding In accordance with the Paperwork Administrator, Agricultural Marketing crop years, except that an established Reduction Act of 1995 (44 U.S.C. Service. reserve need not be reduced to conform chapter 35), the Order’s information [FR Doc. 2018–23917 Filed 11–1–18; 8:45 am] to any recomputed average. The collection requirements have been BILLING CODE 3410–02–P Committee estimated a $50,000 reserve previously approved by the Office of carry-in for the 2018–19 crop year. It Management and Budget (OMB) and expects to utilize $35,290 of the reserve assigned OMB No. 0581–0178 Vegetable during the year, leaving a reserve of NUCLEAR REGULATORY and Specialty Crops. No changes in approximately $14,710 at the end of the COMMISSION those requirements would be necessary 2018–19 crop year, which is within the as a result of this action. Should any 10 CFR Parts 170 and 171 limit specified in the Order. changes become necessary, they would The Committee reviewed and be submitted to OMB for approval. [Docket No. PRM–170–7; NRC–2018–0172] unanimously recommended 2018–19 This proposed rule would not impose crop year expenditures of $83,790. Prior any additional reporting or Categorization of the Licensee Fee to arriving at this budget, the Committee recordkeeping requirements on either Category for Full-Cost Recovery considered information from its Budget small or large California date handlers. AGENCY: Nuclear Regulatory Subcommittee (Subcommittee), which As with all Federal marketing order Commission. met on June 7, 2018. The Subcommittee programs, reports and forms are discussed alternative expenditure levels ACTION: Petition for rulemaking; notice periodically reviewed to reduce and assessment rates, including not information requirements and of docketing. changing the assessment rate or duplication by industry and public SUMMARY: The U.S. Nuclear Regulatory adjusting expenses. Ultimately, the sector agencies. Commission (NRC) has received a Subcommittee and the Committee AMS is committed to complying with petition for rulemaking (PRM) from Mr. recommended an assessment rate of the E-Government Act, to promote the Christopher S. Pugsley, Esq. (the $0.15 per hundredweight of dates use of the internet and other petitioner), on behalf of Water handled after considering several factors information technologies to provide Remediation Technology (WRT), LLC, including the anticipated 2018–19 crop, increased opportunities for citizen dated July 3, 2018, requesting that the the Committee’s estimated 2018–19 access to Government information and NRC amend its regulations regarding reserve carry-in and other income, and services, and for other purposes. full-cost recovery of licensee fees. The its anticipated expenses. USDA has not identified any relevant petition was docketed by the NRC on A review of historical and preliminary Federal rules that duplicate, overlap, or August 2, 2018, and has been assigned information pertaining to the upcoming conflict with this proposed rule. Docket No. PRM–170–7. The NRC is crop year indicates that the producer A small business guide on complying examining the issues raised in PRM– price for the 2017–18 crop year was with fruit, vegetable, and specialty crop 170–7 to determine whether they should approximately $142.00 per marketing agreements and orders may be considered in rulemaking. The NRC hundredweight of dates. Utilizing that be viewed at: http://www.ams.usda.gov/ is not instituting a public comment price, the estimated crop size, and the rules-regulations/moa/small-businesses. period for this PRM as the staff proposed assessment rate of $0.15 per Any questions about the compliance anticipates considering the issues raised hundredweight, the estimated guide should be sent to Richard Lower in the petition in the upcoming fiscal assessment revenue for the 2018–19 at the previously mentioned address in year 2019 proposed fee rule, and the crop year as a percentage of total the FOR FURTHER INFORMATION CONTACT public will have an opportunity to producer revenue will be approximately section. comment at that time. 0.1 percent ($0.15 per hundredweight List of Subjects in 7 CFR Part 987 DATES: The PRM is available on divided by $142 per hundredweight). This proposed action would increase Dates, Marketing agreements, November 2, 2018. the assessment obligation imposed on Reporting and recordkeeping ADDRESSES: Please refer to Docket ID handlers. While assessments impose requirements. NRC–2018–0172 when contacting the some additional costs on handlers, the For the reasons set forth in the NRC about the availability of costs are minimal and uniform on all preamble, 7 CFR part 987 is proposed to information for this petition. You may handlers. Some of the additional costs be amended as follows: obtain publicly-available information VerDate Sep<11>2014 16:35 Nov 01, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\02NOP1.SGM 02NOP1

55114 Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Proposed Rules related to this petition by any of the petitioner also requests that the rule FEDERAL HOUSING FINANCE following methods: change be actively considered in the AGENCY • Federal Rulemaking Website: Go to NRC’s fiscal year 2019 rulemaking for http://www.regulations.gov and search its fee regulations. 12 CFR Part 1281 for Docket ID NRC–2018–0172. Address RIN 2590–AA82 questions about NRC dockets to Carol III. Discussion of the Petition Gallagher; telephone: 301–415–3463; The petitioner requests that the NRC Federal Home Loan Bank Housing email: Carol.Gallagher@nrc.gov. For Goals Amendments amend its regulations to re-categorize technical questions, contact the WRT as a licensee that does not require AGENCY: Federal Housing Finance individual listed in the FOR FURTHER full-cost recovery for fees billed to it Agency. INFORMATION CONTACT section of this document. during the life of its license under 10 ACTION: Notice of proposed rulemaking. • NRC’s Agencywide Documents CFR part 170, address consistency Access and Management System issues between 10 CFR parts 170 and SUMMARY: The Federal Housing Finance (ADAMS): You may obtain publicly 171 for small entities, and consider this Agency (FHFA) is proposing to amend available documents online in the rule change during the FY 2019 revision the existing Federal Home Loan Bank ADAMS Public Documents collection at of the fee rule. The petitioner assists Housing Goals regulation. FHFA http://www.nrc.gov/reading-rm/ small community water systems with proposes to replace the existing four adams.html. To begin the search, select compliance with the uranium drinking separate retrospective housing goals ‘‘ADAMS Public Documents’’ and then water standard: ‘‘WRT’s license with a single prospective mortgage select ‘‘Begin Web-based ADAMS operations are not intended to process purchase housing goal as well as Search.’’ For problems with ADAMS, source material for its commercial value establish a separate small member please contact the NRC’s Public thereby reducing the financial benefit to participation housing goal. The Document Room (PDR) reference staff at the licensee as compared to uranium proposed rule would also allow the 1–800–397–4209, 301–415–4737, or by Banks to request FHFA approval of recovery facilities that process ores email to pdr.resource@nrc.gov. The alternative target levels for the proposed primarily for their source material ADAMS accession number for each goals. Finally, FHFA is proposing to content.’’ The petitioner suggests that document referenced (if it is available in eliminate the existing $2.5 billion the NRC should further ease the volume threshold that triggers the ADAMS) is provided the first time that financial burden on community water it is mentioned in this document. The application of housing goals for each systems so that they may comply with Bank. petition, PRM–170–7, is available in the uranium drinking water standard. ADAMS under Accession No. The petitioner also notes NRC actions DATES: Written comments must be ML18214A757. that seem to agree with his received on or before January 31, 2019. • NRC’s PDR: You may examine and ADDRESSES: You may submit your recommendation. purchase copies of public documents at comments, identified by regulatory the NRC’s PDR, Room O1–F21, One The petitioner also requests information number (RIN) 2590–AA82, White Flint North, 11555 Rockville additional conforming and related by any of the following methods: Pike, Rockville, Maryland 20852. changes. The petitioner asserts that the • Agency website: www.fhfa.gov/ FOR FURTHER INFORMATION CONTACT: NRC should consider addressing open-for-comment-or-input. Renu Suri, Office of the Chief Financial consistency issues between 10 CFR • Federal eRulemaking Portal: http:// Officer, U.S. Nuclear Regulatory parts 170 and 171 fees for uranium www.regulations.gov. Follow the Commission, Washington, DC 20555– water treatment licensees that are instructions for submitting comments. If 0001; telephone: 301–415–0161, email: recognized by the NRC as small entities. you submit your comment to the Renu.Suri@nrc.gov. The petitioner also requested that the Federal eRulemaking Portal, please also SUPPLEMENTARY INFORMATION: NRC consider amending language under send it by email to FHFA at § 170.11 to extend the time within RegComments@fhfa.gov to ensure I. The Petitioner which a licensee may appeal the timely receipt by FHFA. Please include Mr. Christopher S. Pugsley, Esq. (the assessment of fees and apply for a fee ‘‘Comments/RIN 2590–AA82’’ in the petitioner) submitted this petition on exemption. The petitioner notes that subject line of the submission. behalf of WRT, requesting that the NRC NRC could approve the petition as an • Hand Delivered/Courier: The hand amend its regulations to re-categorize alternative to revising the NRC’s fee delivery address is: Alfred M. Pollard, licensees performing water treatment recovery requirements during the next General Counsel, Attention: Comments/ services from a full-cost recovery revision of the annual fee rule. RIN 2590–AA82, Federal Housing category to a category with a fixed Finance Agency, Eighth Floor, 400 7th annual fee. IV. Conclusion Street SW, Washington, DC 20219. The package should be delivered at the 7th II. The Petition The NRC will examine the issues Street entrance Guard Desk, First Floor, The petitioner is requesting that the raised in PRM–170–7 to determine on business days between 9 a.m. and 5 NRC revise parts 170 and 171 of title 10 whether they should be considered in p.m. of the Code of Federal Regulations (10 rulemaking. • U.S. Mail, United Parcel Service, CFR) to re-categorize WRT as a licensee Dated at Rockville, Maryland, this 29th day Federal Express, or Other Mail Service: that does not require full-cost recovery of October, 2018. The mailing address for comments is: for fees billed to it during the life of its For the Nuclear Regulatory Commission. Alfred M. Pollard, General Counsel, license, address consistency issues Annette L. Vietti-Cook, Attention: Comments/RIN 2590–AA82, between 10 CFR parts 170 and 171 for Federal Housing Finance Agency, Secretary of the Commission. small entities, and extend the timeframe Eighth Floor, 400 7th Street SW, in which a request for a fee exemption [FR Doc. 2018–24002 Filed 11–1–18; 8:45 am] Washington, DC 20219. Please note that must be submitted under § 170.11. The BILLING CODE 7590–01–P all mail sent to FHFA via U.S. Mail is VerDate Sep<11>2014 16:35 Nov 01, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\02NOP1.SGM 02NOP1


Document Created: 2018-11-02 01:09:21
Document Modified: 2018-11-02 01:09:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionPetition for rulemaking; notice of docketing.
DatesThe PRM is available on November 2, 2018.
ContactRenu Suri, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0161, email: [email protected]
FR Citation83 FR 55113 
CFR Citation10 CFR 170
10 CFR 171
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