Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32575

Dated: June 1, 2001.

Piet deWitt,

Acting Assistant Secretary of the Interior.

For the reasons stated in the

Preamble, and under the authorities

cited below, subpart 3809, part 3800,

Subchapter C, Chapter II, Subtitle B,

Title 43 of the Code of Federal

Regulations is amended as set forth

below:

PART 3800—MINING CLAIMS UNDER

THE GENERAL MINING LAWS

Subpart 3809—Surface Management

1. The authority citation for subpart

3809 continues to read as follows:

Authority: 16 U.S.C. 1280; 30 U.S.C. 22; 30

U.S.C. 612; 43 U.S.C. 1201; and 43 U.S.C.

1732, 1733, 1740, 1781, and 1782.

2. Revise § 3809.505 to read as

follows:

§ 3809.505 How do the financial guarantee

requirements of this subpart apply to my

existing plan of operations?

For each plan of operations approved

before January 20, 2001, for which you

or your predecessor in interest posted a

financial guarantee under the

regulations in force before that date, you

must post a financial guarantee

according to the requirements of this

subpart no later than November 20,

2001, at the local BLM office with

jurisdiction over the lands involved.

You do not need to post a new financial

guarantee if your existing financial

guarantee satisfies this subpart. If you

are conducting operations under a plan

of operations approved before January

20, 2001, but you have not provided a

financial guarantee, you must post a

financial guarantee under § 3809.551 by

September 13, 2001.

[FR Doc. 01–15136 Filed 6–14–01; 8:45 am]

BILLING CODE 4310–84–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 354

RIN 3067–AC87

Fee for Services To Support FEMA’s

Offsite Radiological Emergency

Preparedness Program

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: This rule establishes the

policies and administrative basis for

FEMA to assess fees on Nuclear

Regulatory Commission (NRC) licensees

to recover the full amount of the funds

that we obligate to provide services for

offsite radiological emergency planning

and preparedness beginning in Fiscal

Year (FY) 2001.

EFFECTIVE DATE: This rule is effective

July 16, 2001.

FOR FURTHER INFORMATION CONTACT:

Vanessa E. Quinn, Preparedness,

Training, and Exercises Directorate,

Federal Emergency Management

Agency, 500 C Street SW., Washington,

DC 20472, (202) 646–3664, (telephone

fax) 202–646–3508, (email)

vanessa.quinn@fema.gov.

SUPPLEMENTARY INFORMATION:

Throughout the preamble and the rule,

the terms ‘‘we’’, ‘‘our’’ and ‘‘us’’ refer to

FEMA.

Background: A Chronology

• 1991. On March 6, 1991, we

published in the Federal Register (56

FR 9452–9459) a final rule, 44 CFR part

353, that established a structure for

assessing and collecting user fees from

NRC licensees. Under 44 CFR part 353,

Radiological Emergency Preparedness

(REP) services provided by FEMA

personnel and FEMA contractors were

reimbursable only if these services were

site-specific in nature and directly

contributed to the fulfillment of

emergency preparedness requirements

needed for licensing by the NRC under

the Atomic Energy Act of 1954, as

amended. Although we published a new

approach for the assessment and

collection of fees from licensees for FY

1999 and beyond, part 353 remains in

effect and will apply in any subsequent

fiscal year for which the Congress does

not authorize us to collect user fees for

generic services.

• 1992. Public Law 102–389, October

6, 1992, 106 Stat. 1571–1606, expanded

reimbursable REP Program activities by

authorizing us to charge licensees of

commercial nuclear power plants fees to

recover the full amount of the funds

anticipated to be obligated for our REP

Program for FY 1993.

• 1993. On July 1, 1993, we published

in the Federal Register (58 FR 35770–

35775) an interim final rule, 44 CFR part

354, to establish and set forth the

policies and administrative basis for

assessing and collecting these fees. We

reserved the option to reissue or amend

part 354 for other fiscal years provided

that the Congress enacted appropriate

authority.

• Public Law 103–124, September 23,

1993, 107 Stat. 1297, directed us to

continue assessing and collecting fees to

recover the full amount of the funds

anticipated to be obligated for our REP

Program for FY 1994. In addition, the

Administration proposed to assess such

fees for subsequent fiscal years.

• Using the methodology established

by the interim final rule, 44 CFR part

354, we calculated the final hourly user

fee rate for FEMA personnel during FY

1993 at $122.88. On December 13, 1993,

we published a notice to this effect in

the Federal Register (58 FR 65274). The

notice explained that we would not

publish a final rule at that time, pending

a reconsideration of the methodology

used for FY 1993 and taking into

consideration the comments received on

interim final rule 44 CFR part 354.

• 1994. We continued the

methodology established by the interim

final rule 44 CFR part 354 in effect for

FY 1994 by notice in the Federal

Register (59 FR 26350, published May

19, 1994).

• Using the methodology established

by the interim final rule, we calculated

the final hourly user fee rate for FEMA

personnel during FY 1994 at $120.79.

On November 28, 1994, we published a

notice to this effect in the Federal

Register (59 FR 60792–60793).

• On July 27, 1994, we published a

proposed rule in the Federal Register,

59 FR 38306–38309, 44 CFR part 354.

Predicated on Congress passing

authorizing legislation, this rule

proposed to establish fees for FY 1995

assessed at a flat rate based on fiscal

year budgeted funds for REP Program

services performed by FEMA personnel

and by FEMA contractors whether or

not those services directly supported

NRC licensing requirements.

• 1995. Under our appropriation for

FY 1995, Public Law 103–327,

September 28, 1994, 108 Stat. 2325, the

Congress authorized us to assess and

collect fees from Nuclear Regulatory

Commission (NRC) licensees to recover

approximately, but not less than, 100

percent of the amounts that we

anticipated would be obligated for our

Radiological Emergency Preparedness

(REP) Program. This appropriations act

further required us to publish through

rulemaking a fair and equitable

methodology for the assessment and

collection of fees applicable to persons

subject to FEMA’s radiological

emergency preparedness regulations.

Public Law 103–327 granted authority

for these user fees to be assessed and

collected for fiscal year 1995 services

only. Although the public law was

limited to FY 1995, we reserved the

option to reissue or amend part 354 for

other fiscal years provided that the

Congress enacted appropriate authority.

• Under final rule 44 CFR part 354,

60 FR 15628–15634, published on

March 24, 1995, we acted to recover

fiscal year budgeted funds for REP

32576 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

Program services performed by FEMA

personnel and by FEMA contractors

whether or not those services directly

supported NRC licensing requirements.

We assessed fees for FY 1995–FY 1998

using a historically-based methodology

in which we calculated two components

for each site: (1) A site-specific, biennial

exercise-related component and (2) a

flat fee component.

• Public Law 105–276, 112 Stat. 2502,

established in the Treasury a

Radiological Emergency Preparedness

Fund, which will be available for offsite

radiological emergency planning,

preparedness, and response. This Act

gives continuing authority to the

Director of FEMA, beginning in fiscal

year 1999 and thereafter, to publish fees

to be assessed and collected, applicable

to persons subject to our radiological

emergency preparedness regulations. As

in previous Acts, we must collect not

less than 100 percent of the amounts

needed for our radiological emergency

preparedness program, and the

methodology for assessment and

collection of fees must be fair and

equitable. We must deposit fees

received in the Fund as offsetting

collections, which became available on

October 1, 1999, and remain available

until expended.

• 1998. On December 15, 1998, we

published the interim final rule with

request for comments in the Federal

Register, 63 FR 69001. The comment

period was for 60 days following

publication. We received no comments

during the comment period. On the

same day we published a notice that

established the fiscal year 1999 hourly

rate at $33.01 for assessing and

collecting fees from NRC licensees.

• 1999. Our Appropriations Act for

FY 2000, Public Law 106–74, 113 Stat.

1087, again required us to collect user

fees of not less than 100 per cent to be

assessed and collected for fiscal year

2000 services only. Fees collected

become available for authorized

purposes on October 1, 2000.

• 2000. This final rule contains one

minor revision to the December 13, 1998

interim final rule. Under the description

of flat fee services, we have added two

more services. We will recover future

costs that we incur relating to activities

involving the REP Program

Implementation Oversight Working

Group and training and transitioning to

any new REP Program technical support

contractor(s) as part of our REP Program

User Fee.

Historically-based methodology. 44

CFR part 354 adopted theis historicallybased approach to the methodology in

place of the flat fee approach described

in the proposed rule. We adopted this

approach based on the numerous public

comments that we received on our

proposed flat fee methodology and on

the results of our comparison of

different user fee methodologies, which

used actual data from fiscal years 1993

and 1994.

The historically-based methodology

contains elements of the flat fee

methodology and of the Nuclear Energy

Institute (NEI) methodology. The

methodology responds to commenters

who objected to the flat fee’s lack of sitespecific considerations and

accountability by factoring in sitespecific information relating to the

majority of site-specific activities, i.e.,

plume pathway emergency planning

zone (EPZ) biennial REP exercises.

The historically-based methodology

also preserves many of the benefits of a

flat fee methodology, specifically:

(1) the ability to provide each licensee

with a bill early in the fiscal year, thus

facilitating the licensee’s planning and

budgeting process by greatly increasing

the predictability of the licensee’s bill;

(2) the ability of States and licensees

to request needed technical assistance;

(3) the earlier deposit of funds in the

U.S. Treasury, thus benefiting the U.S.

taxpayer;

(4) a reduction of our resources

needed to track administrative costs,

thus making the accounting and billing

process more efficient and cost-effective

for the Government and freeing up our

scarce resources for other REP Program

activities; and

(5) the historically-based methodology

ensures fairness and equity in billing

licensees.

Agreements and criteria for services

that we provide. We provide services

primarily under a Memorandum of

Understanding (MOU) between the NRC

and FEMA, published on September 14,

1993 (58 FR 47996–48001) and under

regulations issued by both FEMA (44

CFR parts 350, 351, and 352) and the

NRC (10 CFR parts 50 and 52).

We evaluate radiological emergency

response plans and exercises using joint

FEMA–NRC criteria, NUREG–0654/

FEMA–REP–1, Revision 1 and

Supplement 1. When State and local

governments do not participate in the

development of an emergency plan, the

licensee may submit a licensee offsite

plan to the NRC. Under the MOU, the

NRC can request that we review a

licensee offsite plan and provide its

assessments and findings on the

adequacy of such plans and

preparedness evaluated under

Supplement 1.

Revisions Pertaining to This Rule

This final rule makes one principal

change to 44 CFR part 354. We add

several items to the list of services for

which fees can be collected as part of

the flat fee component of the REP user

fee billings. These added services

include: training and transition costs

that we incur as a result of awarding any

new REP Program technical support

contract; and any other costs that we

incur resulting from our REP Program

Strategic Review implementation and

oversight working group activities. In

other respects the rule remains as

published as an interim final rule in

1998.

National Environmental Policy Act

This rule is excluded from the

preparation of an environmental

assessment or environmental impact

statement under 44 CFR 10.8(d)(2)(ii),

where the rule is related to actions that

qualify for categorical exclusion under

44 CFR 10.8(d)(2).

Regulatory Flexibility Act

Under the Regulatory Flexibility Act

agencies must consider the impact of

their rulemakings on ‘‘small entities’’

(small businesses, small organizations

and local governments). When an

agency is required by 5 U.S.C. 553 to

publish a notice of proposed

rulemaking, a regulatory flexibility

analysis is required for both the

proposed rule and the final rule if the

rulemaking could ‘‘have a significant

economic impact on a substantial

number of small entities.’’ The Act also

provides that if a regulatory flexibility

analysis is not required, the agency

must certify in the rulemaking

document that the rulemaking will not

‘‘have a significant economic impact on

a substantial number of small entities.’’

For the reasons that follow I certify

that a regulatory flexibility analysis is

not required for this rule because it

would not have a significant economic

impact on a substantial number of small

entities. This final rule makes minor

and technical amendments that our

appropriations acts mandate. This rule

does not contain any significant

substantive changes from our present

radiological emergency preparedness

regulations and does not substantially

change how we collect fees that NRC

licensees owe to the United States for

services that we perform. While

preparing the existing regulations we

adjusted the rule to include: (1) A sitespecific, biennial exercise-related

component and (2) a flat fee component.

We base the site-specific, exerciserelated component on the average

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32577

number of hours spent by our personnel

in REP exercise-related activities since

the beginning of our user fee program

(1991) for each site, and multiply the

average number of REP exercise-related

hours for each site by the average hourly

rate in effect for the fiscal year for a REP

Program employee. That adjustment

helps make the fees collected reflect

more equitably the costs for our services

than would a flat fee alone, which vary

with each utility involved in the

biennial exercises. The rule thus adjusts

the economic impact of the fees to the

relative capacities of the utilities to bear

the direct and indirect costs of the

regulation.

For the reasons stated I certify that the

Regulatory Flexibility Act does not

apply to this final rule. We have

prepared no regulatory flexibility

analysis under that Act.

Paperwork Reduction Act

The Office of Management & Budget

(OMB) has approved the information

collection requirements contained in

this final rule under the provisions of

the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.) and has assigned

OMB control number 3067–0201. The

information in this final rule does not

change any of the information collection

requirements currently approved by

OMB.

Executive Order 12866, Regulatory

Planning and Review

We have prepared and reviewed this

final rule under the provisions of

Executive Order 12866, Regulatory

Planning and Review. Under Executive

Order 12866, 58 FR 51735, October 4,

1993, a significant regulatory action is

subject to OMB review and the

requirements of the Executive Order.

The Executive Order defines

‘‘significant regulatory action’’ as one

that is likely to result in a rule that may:

(1) have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

This rule addresses the statutorily

required need to reimburse the United

States for services that we provide to the

nuclear power industry for offsite

radiological emergency planning and

preparedness in communities near

nuclear power plants. Our annual

appropriations acts require the rule. The

rule relates to fees paid by 45 NRC

licensees at 64 sites for the services

provided by our Agency for emergency

management planning and exercises.

Collections under the program total less

than $15,000,000 per year. In its final

form the rule responds to comments

received from businesses of differing

sizes within the regulated industry and

makes adjustments to the methods for

determining the fees that ensure fairness

and equity in billing licensees.

This rule will not adversely affect the

availability of funding to small entities,

it will not have significant secondary or

incidental effects on a substantial

number of small entities, and it will not

create any additional burden on small

entities, particularly State, local and

tribal governments.

For the reasons stated I certify that

this proposed rule is not a significant

regulatory action within the meaning of

§ 2(f) of Executive Order 12866 of

September 30, 1993, 58 FR 51735. The

Office of Management and Budget has

not reviewed this rule under Executive

Order 12866.

Executive Order 13132, Federalism

Executive Order 13132, Federalism,

dated August 4, 1999, sets forth

principles and criteria that agencies

must adhere to in formulating and

implementing policies that have

federalism implications, that is,

regulations that have substantial direct

effects on the States, or on the

distribution of power and

responsibilities among the various

levels of government. Federal agencies

must closely examine the statutory

authority supporting any action that

would limit the policymaking discretion

of the States, and to the extent

practicable, must consult with State and

local officials before implementing any

such action.

We have reviewed this rule under the

provisions of under Executive Order

13132, Federalism, dated August

4,1999. We find that the statutory

imposition of fees and the regulatory

implementation of the statutory

requirements that the nuclear power

industry reimburse FEMA for offsite

radiological emergency planning and

preparedness in communities near

nuclear power plants involves no

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among various levels of

government. Therefore, we have

concluded that this rule involves no

policies that have federalism

implications under Executive Order

13132, and we have not prepared a

federalism assessment. The Office of

Management and Budget has reviewed

this rule under the provisions of

Executive Order 13132.

Congressional Review of Agency

Rulemaking

We have sent the final rule to the

Congress and to the General Accounting

Office under the Congressional Review

of Agency Rulemaking Act, Pub. L.104–

121. This final rule is not a ‘‘major rule’’

within the meaning of that Act. It does

not result in nor is it likely to result in

an annual effect on the economy of

$100,000,000 or more. It will not result

in a major increase in costs or prices for

consumers, individual industries,

Federal, State, or local government

agencies, or geographic regions. It will

not have ‘‘significant adverse effects’’ on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

enterprises to compete with foreignbased enterprises.

This final rule is exempt from the

requirements of the Regulatory

Flexibility Act, as certified previously,

and complies with the Paperwork

Reduction Act.

List of Subjects in 44 CFR Part 354

Disaster assistance, Intergovernmental

relations, Nuclear power plants and

reactors, Radiation protection,

Technical assistance.

Accordingly, revise 44 CFR part 354

to read as follows:

PART 354—FEE FOR SERVICES TO

SUPPORT FEMA’S OFFSITE

RADIOLOGICAL EMERGENCY

PREPAREDNESS PROGRAM

Sec.

354.1 Purpose.

354.2 Scope of this regulation.

354.3 Definitions.

354.4 Assessment of fees.

354.5 Description of site-specific, plume

pathway EPZ biennial exercise-related

component services and other services.

354.6 Billing and payment of fees.

354.7 Failure to pay.

Authority: Reorganization Plan No. 3 of

1978, 43 FR 41943, 3 CFR, 1978 Comp., p.

329; Sec. 109, Pub. L. 96–295, 94 Stat. 780;

Sec. 2901, Pub. L. 98–369, 98 Stat. 494; Title

III, Pub. L. 103–327, 108 Stat. 2323–2325;

Pub.L. 105–276, 112 Stat. 2502; EO 12148, 44

FR 43239, 3 CFR, 1979 Comp., p. 412; EO

32578 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

12657, 53 FR 47513, 3 CFR, 1988 Comp., p.

611.

§ 354.1 Purpose.

This part establishes the methodology

for FEMA to assess and collect user fees

from Nuclear Regulatory Commission

(NRC) licensees of commercial nuclear

power plants to recover at least 100

percent of the amounts that we

anticipate to obligate for our

Radiological Emergency Preparedness

(REP) Program as authorized under Title

III, Public Law 105–276, 112 Stat. 2461,

2502. Public Law 105–276 established

in the Treasury a Radiological

Emergency Preparedness Fund, to be

available under the Atomic Energy Act

of 1954, as amended (42 U.S.C. 2011 et.

seq.), and under Executive Order 12657

(3 CFR, 1988 Comp., p. 611), for offsite

radiological emergency planning,

preparedness, and response. Beginning

in fiscal year 1999 and thereafter, the

Director of FEMA must publish fees to

be assessed and collected, applicable to

persons subject to FEMA’s radiological

emergency preparedness regulations.

The methodology for assessment and

collection of fees must be fair and

equitable and must reflect the full

amount of costs of providing

radiological emergency planning,

preparedness, response and associated

services. Our assessment of fees include

our costs for use of agency resources for

classes of regulated persons and our

administrative costs to collect the fees.

Licensees deposit fees by electronic

transfer into the Radiological Emergency

Preparedness Fund in the U.S. Treasury

as offsetting collections.

§ 354.2 Scope of this regulation.

The regulation in this part applies to

all persons or licensees who have

applied for or have received from the

NRC:

(a) A license to construct or operate a

commercial nuclear power plant;

(b) A possession-only license for a

commercial nuclear power plant, with

the exception of licensees that have

received an NRC-approved exemption to

10 CFR 50.54(q) requirements;

(c) An early site permit for a

commercial nuclear power plant;

(d) A combined construction permit

and operating license for a commercial

nuclear power plant; or

(e) Any other NRC licensee that is

now or may become subject to

requirements for offsite radiological

emergency planning and preparedness.

§ 354.3 Definitions.

The following definitions of terms

and concepts apply to this part:

Biennial exercise means the joint

licensee/State and local government

exercise, evaluated by FEMA,

conducted around a commercial nuclear

power plant site once every two years in

conformance with 44 CFR part 350.

EPZ means emergency planning zone.

Federal Radiological Preparedness

Coordinating Committee (FRPCC) means

a committee chaired by FEMA with

representatives from the Nuclear

Regulatory Commission, Environmental

Protection Agency, Department of

Health and Human Services,

Department of Interior, Department of

Energy, Department of Transportation,

Department of Agriculture, Department

of Commerce, Department of State,

Department of Veterans Affairs, General

Services Administration, National

Communications System, the National

Aeronautics and Space Administration

and other Federal departments and

agencies as appropriate.

FEMA means the Federal Emergency

Management Agency.

Fiscal Year means the Federal fiscal

year, which begins on the first day of

October and ends on the thirtieth day of

September.

NRC means the U. S. Nuclear

Regulatory Commission.

Obligate or obligation means a legal

reservation of appropriated funds for

expenditure.

Persons or Licensee means the utility

or organization that has applied for or

has received from the NRC:

(1) A license to construct or operate

a commercial nuclear power plant;

(2) A possession-only license for a

commercial nuclear power plant, with

the exception of licensees that have

received an NRC-approved exemption to

10 CFR 50.54(q) requirements;

(3) An early site permit for a

commercial nuclear power plant;

(4) A combined construction permit

and operating license for a commercial

nuclear power plant; or

(5) Any other NRC license that is now

or may become subject to requirements

for offsite radiological emergency

planning and preparedness activities.

Plume pathway EPZ means for

planning purposes, the area within

approximately a 10-mile radius of a

nuclear plant site.

RAC means Regional Assistance

Committee chaired by FEMA with

representatives from the Nuclear

Regulatory Commission, Environmental

Protection Agency, Department of

Health and Human Services,

Department of Energy, Department of

Agriculture, Department of

Transportation, Department of

Commerce, Department of Interior, and

other Federal departments and agencies

as appropriate.

REP means Radiological Emergency

Preparedness, as in FEMA’s REP

Program.

Site means the location at which one

or more commercial nuclear power

plants (reactor units) have been, or are

planned to be built.

Site-specific services mean offsite

radiological emergency planning,

preparedness and response services

provided by FEMA personnel and by

FEMA contractors that pertain to a

specific commercial nuclear power

plant site.

Technical assistance means services

provided by FEMA to accomplish offsite

radiological emergency planning,

preparedness and response, including

provision of support for the preparation

of offsite radiological emergency

response plans and procedures, and

provision of advice and

recommendations for specific aspects of

radiological emergency planning,

preparedness and response, such as

alert and notification and emergency

public information.

We, our, us, means and refers to

FEMA.

§ 354.4 Assessment of fees.

(a)(1) We assess user fees from

licensees using a methodology that

includes charges for REP Program

services provided by both our personnel

and our contractors. Beginning in FY

1995, we established a four-year cycle

from FY 1995–1998 with predetermined

user fee assessments that were collected

each year of the cycle. The following

six-year cycle will run from FY 1999

through FY 2004. The fee for each site

consists of two distinct components:

(i) A site-specific, biennial exerciserelated component to recover the

portion of the REP program budget

associated only with plume pathway

emergency planning zone (EPZ) biennial

exercise-related activities. We determine

this component by reviewing average

biennial exercise-related activities/

hours that we use in exercises

conducted since the inception of our

REP user fee program in 1991. We

completed an analysis of REP Program

activities/hours used during the FY

1991–1995 cycle at the end of that fouryear cycle. We will make adjustments to

the site-specific user fees for the next

proposed FY 1999–2004 six-year cycle.

(ii) A flat fee component that is the

same for each site and recovers the

remaining portion of the REP Program

budgeted funding that does not include

biennial exercise-related activities.

(2) We will assess fees only for REP

Program services provided by our

personnel and by our contractors, and

we will not assess fees for those services

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32579

that other Federal agencies involved in

the FRPCC or the RAC’s provide.

(b) Determination of site-specific,

biennial exercise-related component for

our personnel. We will determine an

average biennial exercise-related cost for

our personnel for each commercial

nuclear power plant site in the REP

Program. We base this annualized cost

(dividing the average biennial exerciserelated cost by two) on the average

number of hours spent by our personnel

in REP exercise-related activities for

each site. We will determine the average

number of hours using an analysis of

site-specific exercise activity spent since

the beginning of our user fee program

(1991). We determine the actual user fee

assessment for this component by

multiplying the average number of REP

exercise-related hours that we

determine and annualize for each site by

the average hourly rate in effect for the

fiscal year for a REP Program employee.

We will revise the hourly rate annually

to reflect actual budget and cost of

living factors, but the number of

annualized, site-specific exercise hours

will remain constant for user fee

calculations and assessments

throughout the six-year cycle. We will

continue to track and monitor exercise

activity during the six-year cycle, FY

1999–2004. We will make appropriate

adjustments to this component to

calculate user fee assessments for later

six-year cycles.

(c) Determination of site-specific,

biennial exercise-related component for

FEMA contract personnel. We have

determined an average biennial

exercise-related cost for REP contractors

for each commercial nuclear power

plant site in the REP Program. We base

this annualized cost (dividing the

average biennial exercise-related cost by

two) on the average costs of contract

personnel in REP site-specific exerciserelated activities since the beginning of

our user fee program (1991). We will

continue to track and monitor activity

during the initial six-year cycle, FY

1999–2004, and we will make

appropriate adjustments to this

component for calculation of user fee

assessments during subsequent six-year

cycles.

(d) Determination of flat fee

component. For each year of the six-year

cycle, we recover the remainder of REP

Program budgeted funds as a flat fee

component. Specifically, we determine

the flat fee component by subtracting

the total of our personnel and contractor

site-specific, biennial exercise-related

components, as outlined in paragraphs

(a) and (b) of this section, from the total

REP budget for that fiscal year. We then

divide the resulting amount equally

among the total number of licensed

commercial nuclear power plant sites

(defined under 354.2) to arrive at each

site’s flat fee component for that fiscal

year.

(e) Discontinuation of charges. When

we receive a copy from the NRC of their

approved exemption to 10 CFR 50.54(q)

requirements stating that offsite

radiological emergency planning and

preparedness are no longer required at

a particular commercial nuclear power

plant site, we will discontinue REP

Program services at that site. We will no

longer assess a user fee for that site from

the beginning of the next fiscal year.

§ 354.5 Description of site-specific, plume

pathway EPZ biennial exercise-related

component services and other services.

Site-specific and other REP Program

services provided by FEMA and FEMA

contractors for which FEMA will assess

fees on licensees include the following:

(a) Site-specific, plume pathway EPZ

biennial exercise-related component

services. (1) Schedule plume pathway

EPZ biennial exercises.

(2) Review plume pathway EPZ

biennial exercise objectives and

scenarios.

(3) Provide pre-plume pathway EPZ

biennial exercise logistics.

(4) Conduct plume pathway EPZ

biennial exercises, evaluations, and post

exercise briefings.

(5) Prepare, review and finalize plume

pathway EPZ biennial exercise reports,

give notice and conduct public

meetings.

(6) Activities related to Medical

Services and other drills conducted in

support of a biennial, plume pathway

exercise.

(b) Flat fee component services.

(1)Evaluate State and local offsite

radiological emergency plans and

preparedness.

(2) Schedule other than plume

pathway EPZ biennial exercises.

(3) Develop other than plume

pathway EPZ biennial exercise

objectives and scenarios.

(4) Pre-exercise logistics for other than

the plume pathway EPZ.

(5) Conduct other than plume

pathway EPZ biennial exercises and

evaluations.

(6) Prepare, review and finalize other

than plume pathway EPZ biennial

exercise reports, notice and conduct of

public meetings.

(7) Prepare findings and

determinations on the adequacy or

approval of plans and preparedness.

(8) Conduct the formal 44 CFR part

350 review process.

(9) Provide technical assistance to

States and local governments.

(10) Review licensee submissions

pursuant to 44 CFR part 352.

(11) Review NRC licensee offsite plan

submissions under the NRC/FEMA

Memorandum of Understanding on

Planning and Preparedness, and

NUREG–0654/FEMA–REP–1, Revision

1, Supplement 1. You may obtain copies

of the NUREG–0654 from the

Superintendent of Documents, U.S.

Government Printing Office.

(12) Participate in NRC adjudication

proceedings and any other site-specific

legal forums.

(13) Alert and notification system

reviews.

(14) Responses to petitions filed

under 10 CFR 2.206.

(15) Congressionally-initiated reviews

and evaluations.

(16) Responses to licensee’s

challenges to FEMA’s administration of

the fee program.

(17) Respond to actual radiological

emergencies.

(18) Develop regulations, guidance,

planning standards and policy.

(19) Coordinate with other Federal

agencies to enhance the preparedness of

State and local governments for

radiological emergencies.

(20) Coordinate REP Program issues

with constituent organizations such as

the National Emergency Management

Association, Conference of Radiation

Control Program Directors, and the

Nuclear Energy Institute.

(21) Implement and coordinate REP

Program training with FEMA’s

Emergency Management Institute (EMI)

to assure effective development and

implementation of REP training courses

and conferences.

(22) Participation of REP personnel as

lecturers or to perform other functions

at EMI, conferences and workshops.

(23) Any other costs that we incur

resulting from our REP Program

Strategic Review implementation and

oversight working group activities.

(24) Costs associated with a transition

phase should we decide to advertise and

award a contract for technical support to

the REP Program. Transition phase

activities may include training new

contractor personnel in the REP

Exercise Evaluation and Planning

courses, and on-the-job training for new

evaluators at a select number of REP

exercises.

(25) Services associated with the

assessment of fees, billing, and

administration of this part.

(26) Disaster-initiated reviews and

evaluations.

§ 354.6 Billing and payment of fees.

(a) Electronic billing and payment. We

will deposit all funds collected under

32580 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

1 47 U.S.C. 332(c)(7)(B)(v).

this part to the Radiological Emergency

Preparedness Fund as offsetting

collections, which will be available for

our REP Program. The Department of

the Treasury revisions to section

8025.30 of publication I–TFM 6–8000

require Federal agencies to collect funds

by electronic funds transfer when such

collection is cost-effective, practicable,

and consistent with current statutory

authority. Working with the Department

of the Treasury we now provide for

payment of bills by electronic transfers

through Automated Clearing House

(ACH) credit payments.

(b) We will send bills that are based

on the assessment methodology set out

in § 354.4 to licensees to recover the full

amount of the funds that we budget to

provide REP Program services.

Licensees that have more than one site

will receive consolidated bills. We will

forward one bill to each licensee during

the first quarter of the fiscal year, with

payment due within 30 days. If we

exceed our original budget for the fiscal

year and need to make minor

adjustments, the adjustment will appear

in the bill for the next fiscal year.

§ 354.7 Failure to pay.

Where a licensee fails to pay a

prescribed fee required under this part,

we will implement procedures under 44

CFR part 11, subpart C, to collect the

fees under the Debt Collection Act of

1982 (31 U.S.C. 3711 et seq.).

Dated: June 8, 2001.

Joe M. Allbaugh,

Director.

[FR Doc. 01–15054 Filed 6–14–01; 8:45 am]

BILLING CODE 6718–06–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[WT Docket No. 97–192; FCC 00–408]

Effective Date Established for

Procedures for Reviewing Requests

for Relief From State and Local

Regulations

AGENCY: Federal Communications

Commission.

ACTION: Final rule; announcement of

effective date.

SUMMARY: In this document, the Federal

Communications Commission (‘‘the

Commission’’) announces that the rule

adopted in the RF Procedures Order of

November 17, 2000 (RF Procedures

Order), regarding its review of requests

for relief from impermissible State and

local regulation of personal wireless

service facilities based on the

environmental effects of radiofrequency

(RF) emissions has been approved by

the Office of Management and Budget

(OMB).

DATES: The amendment to § 1.1206(a)

published at 66 FR 3499, January 16,

2001, is effective June 15, 2001.

FOR FURTHER INFORMATION CONTACT:

Evan Baranoff at (202) 418–7142 of the

Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: On

November 17, 2000, the Commission

adopted the RF Procedures Order in 47

CFR Part 1, in WT Docket No. 97–192,

FCC 00–408 (66 FR 3499) to address the

issues raised in the Commission’s

Notice of Proposed Rulemaking (62 FR

48034) regarding the review of requests

for relief from impermissible State and

local regulation of personal wireless

service facilities based on the

environmental effects of radiofrequency

(RF) emissions. In the RF Procedures

Order, the Commission provided that

such requests under section

332(c)(7)(B)(v) of the Communications

Act of 1934, as amended,1 shall be filed

as petitions for declaratory ruling, and

also established certain required and

recommended procedures regarding the

service of pleadings and comment

periods in such proceedings.

2. The rule change to Note 1 to

§ 1.1206(a), which was published on

January 16, 2001 (66 FR 3499), received

OMB approval on June 1, 2001,

pursuant to OMB Control No. 3060–

0977. The RF Procedures Order

amended Note 1 to § 1.1206(a) of the

Commission’s rules so that the

expanded service requirements set forth

in that note apply to petitions filed

pursuant to section 332(c)(7)(B)(v) (i.e.,

petitions for relief from impermissible

State and local regulation of personal

wireless service facilities on the basis of

RF emissions). Thus, petitioners seeking

relief under Section 332(c)(7)(B)(v) must

serve a copy of such petitions on those

State and local governments that are the

subject of the petitions, as well as on

those State and local governments.

Accordingly, this rule change will

become effective June 15, 2001. This

notice constitutes publication of the

effective date of this rule change.

3. The Public Notice is available for

inspection and copying during normal

business hours in the FCC Reference

Center, 445 Twelfth Street, SW.,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800. The Public Notice is

also available via the internet at: http:/

/www.fcc.gov/Bureaus/Wireless/

News_Releases/2001/index.html in

da01–1368.doc and da01–1368.txt

formats.

List of Subjects in 47 CFR Part 1

Communications common carriers,

Telecommunications, Permit-butdisclose proceedings.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–15125 Filed 6–14–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 15

[ET Docket No. 98–76; FCC 01–160]

Rules To Further Ensure That

Scanning Receivers Do Not Receive

Cellular Radio Signals

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document grants in part

the petitions for partial reconsideration

filed by Tandy Corporation and Uniden

of America, Inc. We affirm our decision

to require manufacturers to make

scanning receivers more difficult to

modify by making the circuitry

inaccessible; relax the warning label

requirements for certain devices; and

clarify the compliance measurement

rules.

DATE: Effective July 16, 2001.

FOR FURTHER INFORMATION CONTACT:

Rodney Conway, Office of Engineering

and Technology, (202) 418–2904.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order, ET

Docket No. 98–76, FCC 01–160, adopted

May 10, 2001, and released May 22,

2001. The full text of this Commission

decision is available on the

Commission’s Internet site at http://

www.fcc.gov. It is available for

inspection and copying during normal

business hours in the FCC Reference

Information Center, Room CY–A257,

445 12th Street, SW, Washington, D.C.,

and also may be purchased from the

Commission’s duplication contractor,

International Transcription Service,

(202) 857–3800, 1231 20th Street, NW,

Washington, DC 20036. Comments may

be sent as an electronic file via the

Internet to http://www.fcc.gov/e-file/

ecfs.html or by e-mail to ecfs@fcc.gov.