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FY 2019 Final Fee Rule Using the Associated with the Act Includes Current FY and Not Carryover Funds

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FY 2019 Final Fee Rule Using the Associated with the Act Includes Current FY and Not Carryover Funds 22331 Rules and Regulations Federal Register Vol. 84, No. 96 Friday, May 17, 2019 This section of the FEDERAL REGISTER ‘‘Begin Web-based ADAMS Search.’’ For reprocessing, and Inspector General contains regulatory documents having general problems with ADAMS, please contact services for the Defense Nuclear applicability and legal effect, most of which the NRC’s Public Document Room (PDR) Facilities Safety Board are excluded are keyed to and codified in the Code of reference staff at 1–800–397–4209, 301– from this fee-recovery requirement. The Federal Regulations, which is published under 415–4737, or by email to pdr.resource@ OBRA–90 requires the NRC to use its 50 titles pursuant to 44 U.S.C. 1510. nrc.gov. The ADAMS accession number IOAA authority first to collect service The Code of Federal Regulations is sold by for each document referenced (if it is fees for NRC work that provides specific the Superintendent of Documents. available in ADAMS) is provided the benefits to identifiable applicants and first time that it is mentioned in this licensees (such as licensing work, document. For the convenience of the inspections, and special projects). The NUCLEAR REGULATORY reader, the ADAMS accession numbers regulations at part 170 of title 10 of the COMMISSION and instructions about obtaining Code of Federal Regulations (10 CFR) materials referenced in this document authorize these fees. But, because the 10 CFR Parts 170 and 171 are provided in the ‘‘Availability of NRC’s fee recovery under the IOAA (10 [NRC–2017–0032; Docket No. PRM–170–7; Documents’’ section of this document. CFR part 170) does not equal 90 percent NRC–2018–0172] • NRC’s PDR: You may examine and of the NRC’s budget authority for the purchase copies of public documents at fiscal year, the NRC also assesses RIN 3150–AJ99 the NRC’s PDR, Room O1–F21, One ‘‘annual fees’’ under 10 CFR part 171 to Revision of Fee Schedules; Fee White Flint North, 11555 Rockville recover the remaining amount necessary Recovery for Fiscal Year 2019 Pike, Rockville, Maryland 20852. to meet OBRA–90’s fee-recovery FOR FURTHER INFORMATION CONTACT: requirement. These annual fees recover AGENCY: Nuclear Regulatory Anthony Rossi, Office of the Chief costs that are not otherwise collected Commission. Financial Officer, U.S. Nuclear through 10 CFR part 170. ACTION: Final rule. Regulatory Commission, Washington, II. Discussion DC 20555–0001, telephone: 301–415– SUMMARY: The U.S. Nuclear Regulatory 7341, email: [email protected]. FY 2019 Fee Collection—Overview Commission (NRC) is amending the SUPPLEMENTARY INFORMATION: The NRC is issuing the FY 2019 final licensing, inspection, special project, Table of Contents fee rule based on Public Law (Pub. L.) and annual fees charged to its 115–244, ‘‘Energy and Water, Legislative applicants and licensees. These I. Statutory Authority Branch, and Military Construction and amendments are necessary to II. Discussion Veterans Affairs Appropriations Act, implement the Omnibus Budget III. Petition for Rulemaking 2019,’’ (Act) (the enacted budget), in the Reconciliation Act of 1990, as amended IV. Public Comment Analysis V. Public Comments and NRC Response amount of $911.0 million, a decrease of (OBRA–90), which requires the NRC to $11.0 million from FY 2018. As recover approximately 90 percent of its VI. Regulatory Flexibility Certification VII. Regulatory Analysis explained previously, certain portions annual budget through fees. VIII. Backfitting and Issue Finality of the NRC’s total budget are excluded DATES: This final rule is effective on July IX. Plain Writing from the NRC’s fee-recovery amount— 16, 2019. X. National Environmental Policy Act specifically, these exclusions total to ADDRESSES: Please refer to Docket ID XI. Paperwork Reduction Act $43.4 million, consisting of: $16.1 XII. Congressional Review Act NRC–2017–0032 when contacting the XIII. Voluntary Consensus Standards million for international activities, $14.6 NRC about the availability of XIV. Availability of Guidance million for generic homeland security information for this action. You may XV. Availability of Documents activities, $10.3 million for advanced obtain publicly-available information reactor infrastructure, $1.3 million for related to this action by any of the I. Statutory Authority Waste Incidental to Reprocessing following methods: The NRC’s fee regulations are activities, and $1.1 million for Inspector • Federal Rulemaking website: Go to primarily governed by two laws: (1) The General services for the Defense Nuclear http://www.regulations.gov and search Independent Offices Appropriation Act, Facilities Safety Board. Additionally, for Docket ID NRC–2017–0032. Address 1952 (IOAA) (31 U.S.C. 9701), and 2) OBRA–90 requires the NRC to recover questions about NRC dockets to Carol OBRA–90 (42 U.S.C. 2214). The IOAA approximately 90 percent of the Gallagher; telephone: 301–415–3463; generally authorizes and encourages remaining budget authority for the fiscal email: [email protected]. For Federal regulatory agencies to recover— year—10 percent of the remaining technical questions, contact the to the fullest extent possible—costs budget authority is not recovered individual listed in the FOR FURTHER attributable to services provided to through fees. The NRC refers to the INFORMATION CONTACT section of this identifiable recipients. The OBRA–90 activities included in this 10-percent as document. requires the NRC to recover ‘‘fee-relief’’ activities. • NRC’s Agencywide Documents approximately 90 percent of its budget After accounting for the OBRA–90 Access and Management System authority for the fiscal year (FY) through exclusions, the fee-relief activities, and (ADAMS): You may obtain publicly- fees; in FY 2019, amounts appropriated net billing adjustments (i.e., the sum of available documents online in the for international activities, generic unpaid current year invoices (estimated) ADAMS Public Documents collection at homeland security activities, advanced minus payments for prior year invoices), http://www.nrc.gov/reading-rm/ reactor regulatory infrastructure the NRC must bill approximately $782.5 adams.html. To begin the search, select activities, waste incidental to million in fees in FY 2019 to licensees VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 jbell on DSK3GLQ082PROD with RULES 22332 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations and applicants. Of this amount, the NRC excluded activities, the fee-relief million in carryover funds. The use of estimates that $252.1 million will be activities, and net billing adjustments carryover funds allows the NRC to recovered through 10 CFR part 170 user (individual values may not sum to totals accomplish the work needed without fees; that leaves approximately $530.5 due to rounding). Please see the work additional costs to licensees because, million to be recovered through 10 CFR papers (ADAMS Accession No. consistent with the requirements of part 171 annual fees. Table I ML19106A409) for actual amounts. OBRA–90, fees are calculated based on summarizes the fee-recovery amounts The Joint Explanatory Statement the budget authority enacted for the for the FY 2019 final fee rule using the associated with the Act includes current FY and not carryover funds. enacted budget, and taking into account direction for the NRC to use $20.0 TABLE I—BUDGET AND FEE RECOVERY AMOUNTS 1 [Dollars in millions] FY 2018 FY 2019 Percentage final rule final rule change Total Budget Authority ................................................................................................................. $922.0 $911.0 ¥1.2 Less Excluded Fee Items ............................................................................................................ ¥43.8 ¥43.4 ¥0.9 Balance ................................................................................................................................. 878.2 867.6 ¥1.2 Fee Recovery Percent ................................................................................................................. 90 90 0.0 Total Amount to be Recovered: .................................................................................................. 790.4 780.8 ¥1.2 Adjustment USAID Rescission 2 ........................................................................................... ¥0.1 0.0 100.0 Total Amount to be Recovered Post USAID: .............................................................................. 790.3 780.8 ¥1.2 10 CFR Part 171 Billing Adjustments: Unpaid Current Year Invoices (estimated) ........................................................................... 6.5 4.5 ¥30.8 Less Payments Received in Current Year for Previous Year Invoices (estimated) ............ ¥7.5 ¥2.8 ¥62.7 Subtotal ......................................................................................................................... ¥1.0 1.7 270.0 Amount to be Recovered through 10 CFR Parts 170 and 171 Fees ......................................... 789.3 782.5 ¥0.9 Less Estimated 10 CFR Part 170 Fees ............................................................................... ¥280.8 ¥252.1 ¥10.2 10 CFR Part 171 Fee Collections Required ................................................................. $508.5 $530.5 4.3 FY 2019 Fee Collection—Professional are assessed under §§ 170.21 and hours. The mission-direct FTE Hourly Rate 170.31. converted to hours is the product of the The NRC’s professional hourly
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