[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Rules and Regulations]
[Pages 54959-54960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21796]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / 
Rules and Regulations

[[Page 54959]]


10 CFR Part 170

RIN 3150-AJ19

Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013; 

AGENCY: Nuclear Regulatory Commission.

ACTION: Correcting amendment.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final 
rule in the Federal Register on July 1, 2013 (78 FR 39461), amending 
the licensing, inspection, and annual fees charged to its applicants 
and licensees. The final rule inadvertently removed from a fee category 
description the word ``one,'' which is necessary to indicate the number 
of government-to-government consents included in this fee category. 
This document corrects the error.

DATES: Effective Date: This correction is effective on September 9, 

FOR FURTHER INFORMATION CONTACT: Arlette Howard, Office of the Chief 
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1481, email: Arlette.Howard@nrc.gov.

SUPPLEMENTARY INFORMATION: The 2013 final fee rule was published in the 
Federal Register on July 1, 2013 (78 FR 39461), with an effective date 
of August 30, 2013. The final rule inadvertently removed the word 
``one'' from the description for fee category 15.G. in Sec.  170.31 of 
Title 10 of the Code of Federal Regulations. The word ``one'' is 
necessary to indicate the number of government-to-government consents 
included in this fee category. This document corrects the error.

Rulemaking Procedure

    Because this amendment corrects an error to the NRC's regulations, 
the Commission finds that the notice and comment provisions of the 
Administrative Procedure Act are unnecessary and is exercising its 
authority under 5 U.S.C. 553(b)(3)(B) to publish this amendment as a 
final rule. This amendment does not require action by any person or 
entity regulated by the NRC. Also, the final rule does not change the 
substantive responsibilities of any person or entity regulated by the 

List of Subjects in 10 CFR Part 170

    Byproduct material, Import and export licenses, Intergovernmental 
relations, Non-payment penalties, Nuclear materials, Nuclear power 
plants and reactors, Source material, Special nuclear material.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, 10 CFR part 170 is 
corrected by making the following correcting amendment.


1. The authority citation for part 170 continues to read as follows:

    Authority: Independent Offices Appropriations Act sec. 501 (31 
U.S.C. 9701); Atomic Energy Act sec. 161(w) (42 U.S.C. 2201(w)); 
Energy Reorganization Act sec. 201 (42 U.S.C. 5841); Chief Financial 
Officers Act sec. 205 (31 U.S.C. 901, 902); Government Paperwork 
Elimination Act sec. 1704, (44 U.S.C. 3504 note); Energy Policy Act 
secs. 623, Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58, 
119 Stat. 783 (42 U.S.C. 2201(w), 2014, 2021, 2021b, 2111).

2. In Sec.  170.31, amend the table by revising entry 15.G. to read as 

Sec.  170.31  Schedule of fees for materials licenses and other 
regulatory services, including inspections, and import and export 

* * * * *

                       SCHEDULE OF MATERIALS FEES
                     [See footnotes at end of table]
   Category of materials licenses and type of fees \1\      Fee \2\ \3\
                              * * * * * * *
15. * * *...............................................
G. Application for export of appendix P Category 1
 materials requiring Executive Branch review and to
 obtain one government-to-government consent for this
 process. For additional consents see 15.I..............
Application--new license, or amendment; or license                 8,700
 exemption request......................................
                              * * * * * * *
\1\ Types of fees--Separate charges, as shown in the schedule, will be
  assessed for preapplication consultations and reviews; applications
  for new licenses, approvals, or license terminations; possession-only
  licenses; issuances of new licenses and approvals; certain amendments
  and renewals to existing licenses and approvals; safety evaluations of
  sealed sources and devices; generally licensed device registrations;
  and certain inspections. The following guidelines apply to these
(a) Application and registration fees. Applications for new materials
  licenses and export and import licenses; applications to reinstate
  expired, terminated, or inactive licenses, except those subject to
  fees assessed at full costs; applications filed by Agreement State
  licensees to register under the general license provisions of 10 CFR
  150.20; and applications for amendments to materials licenses that
  would place the license in a higher fee category or add a new fee
  category must be accompanied by the prescribed application fee for
  each category.

[[Page 54960]]

(1) Applications for licenses covering more than one fee category of
  special nuclear material or source material must be accompanied by the
  prescribed application fee for the highest fee category.
(2) Applications for new licenses that cover both byproduct material and
  special nuclear material in sealed sources for use in gauging devices
  will pay the appropriate application fee for fee category 1.C. only.
(b) Licensing fees. Fees for reviews of applications for new licenses,
  renewals, and amendments to existing licenses, preapplication
  consultations and other documents submitted to the NRC for review, and
  project manager time for fee categories subject to full cost fees are
  due upon notification by the Commission in accordance with Sec.
(c) Amendment fees. Applications for amendments to export and import
  licenses must be accompanied by the prescribed amendment fee for each
  license affected. An application for an amendment to an export or
  import license or approval classified in more than one fee category
  must be accompanied by the prescribed amendment fee for the category
  affected by the amendment, unless the amendment is applicable to two
  or more fee categories, in which case the amendment fee for the
  highest fee category would apply.
(d) Inspection fees. Inspections resulting from investigations conducted
  by the Office of Investigations and nonroutine inspections that result
  from third-party allegations are not subject to fees. Inspection fees
  are due upon notification by the Commission in accordance with Sec.
(e) Generally licensed device registrations under 10 CFR 31.5.
  Submittals of registration information must be accompanied by the
  prescribed fee.
\2\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under 10 CFR 2.202 or
  for amendments resulting specifically from the requirements of these
  orders. For orders unrelated to civil penalties or other civil
  sanctions, fees will be charged for any resulting licensee-specific
  activities not otherwise exempted from fees under this chapter. Fees
  will be charged for approvals issued under a specific exemption
  provision of the Commission's regulations under Title 10 of the Code
  of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
  any other sections in effect now or in the future), regardless of
  whether the approval is in the form of a license amendment, letter of
  approval, safety evaluation report, or other form. In addition to the
  fee shown, an applicant may be assessed an additional fee for sealed
  source and device evaluations as shown in fee categories 9.A. through
\3\ Full cost fees will be determined based on the professional staff
  time multiplied by the appropriate professional hourly rate
  established in Sec.   170.20 in effect when the service is provided,
  and the appropriate contractual support services expended.

* * * * *

    Dated at Rockville, Maryland, this 3rd day of September, 2013.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2013-21796 Filed 9-6-13; 8:45 am]