Revision of Fee Schedules; Fee Recovery for Fiscal Year 2018, 3407-3433 [2018-01065]

Download as PDF 3407 Proposed Rules Federal Register Vol. 83, No. 17 Thursday, January 25, 2018 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 170 and 171 [NRC–2017–0026] RIN 3150–AJ95 Revision of Fee Schedules; Fee Recovery for Fiscal Year 2018 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990, as amended (OBRA–90), which requires the NRC to recover approximately 90 percent of its annual budget through fees; amounts appropriated for Waste Incidental to Reprocessing (WIR), generic homeland security activities, and Inspector General (IG) services for the Defense Nuclear Facilities Safety Board, as well as any amounts appropriated from the Nuclear Waste Fund, are excluded from this fee-recovery requirement. The NRC is issuing the fiscal year (FY) 2018 proposed fee rule based on the FY 2018 budget request since full-year appropriations have not yet been enacted for FY 2018. The NRC is using $967.0 million for the total budget authority in the proposed fee rule because it has included an adjustment to account for funding of $15.0 million for the Integrated University Program, which was not included in the budget request, but has historically been included by Congress in the final appropriations bill. Based on that total budget authority, the NRC is proposing to collect $826.7 million in fees in FY 2018. If the NRC receives an appropriation providing a different total budget authority, the final fee rule will reflect the final appropriation. sradovich on DSK3GMQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 Submit comments by February 26, 2018. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. Because OBRA–90 requires the NRC to collect the FY 2018 fees by September 30, 2018, the NRC will not grant any requests for an extension of the comment period. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0026. 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 proposed rule. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. 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: Michele.Kaplan@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: Table of Contents I. Obtaining Information and Submitting Comments II. Background; Statutory Authority III. Discussion IV. Regulatory Flexibility Certification PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 V. Regulatory Analysis VI. Backfitting and Issue Finality VII. Plain Writing VIII. National Environmental Policy Act IX. Paperwork Reduction Act Public Protection Notification X. Voluntary Consensus Standards XI. Availability of Guidance XII. Public Meeting XIII. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2017– 0026 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0026. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://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 or 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. For the convenience of the reader, the ADAMS accession numbers are also provided in a table in the ‘‘Availability of Documents’’ section of this document. • 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. B. Submitting Comments Please include Docket ID NRC–2017– 0026 in the subject line of your comment submission in order to ensure that the NRC is able to make your comment submission publicly available in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. E:\FR\FM\25JAP1.SGM 25JAP1 3408 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules The NRC posts all comment submissions at https:// www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submissions. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Background; Statutory Authority The NRC’s fee regulations are primarily governed by two laws: (1) The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C. 9701), and (2) OBRA–90 (42 U.S.C. 2214). The IOAA generally authorizes and encourages Federal regulatory agencies to recover— to the fullest extent possible—costs attributable to services provided to identifiable recipients. The OBRA–90 requires the NRC to recover approximately 90 percent of its budget authority for the fiscal year through fees; amounts appropriated for WIR, generic homeland security activities, and IG services for the Defense Nuclear Facilities Safety Board, as well as any amounts appropriated from the Nuclear Waste Fund, are excluded from this feerecovery requirement. The OBRA–90 first requires the NRC to use its IOAA authority to collect service fees for NRC work that provides specific benefits to identifiable applicants and licensees (such as licensing work, inspections, and special projects). The regulations at part 170 of title 10 of the Code of Federal Regulations (10 CFR) authorize these fees. But, because the NRC’s fee recovery under the IOAA (10 CFR part 170) does not equal 90 percent of the NRC’s budget authority for the fiscal year, the NRC also assesses ‘‘annual fees’’ under 10 CFR part 171 to recover the remaining amount necessary to meet OBRA–90’s fee-recovery requirement. These annual fees recover costs that are not otherwise collected through 10 CFR part 170. III. Discussion FY 2018 Fee Collection—Overview The NRC is issuing the FY 2018 proposed fee rule based on the FY 2018 budget request as further described in the NRC’s FY 2018 Congressional Budget Justification (CBJ) (NUREG– 1100, Volume 33, ADAMS Accession No. ML17137A246), as adjusted, because full-year appropriations have not yet been enacted for FY 2018. The total budget requested for the NRC in FY 2018 is $952.0 million. The amount used for total budget authority in the proposed fee rule ($967.0 million) includes an adjustment for an additional $15.0 million for the NRC’s Integrated University Program, which was not included in the budget request, but has historically been included by Congress in the final appropriations bill. The total budget authority used in the proposed fee rule represents an increase of $49.9 million from FY 2017 of which $30.0 million is from the Nuclear Waste Fund. As explained previously, certain portions of the NRC’s total budget are excluded from OBRA–90’s fee-recovery requirement. Based on the FY 2018 budget request, these exclusions total to $47.6 million, consisting of $30.0 million from the Nuclear Waste Fund, $1.3 million for WIR activities, $1.1 million for IG services for the Defense Nuclear Facilities Safety Board, and $15.2 million for generic homeland security activities. Additionally, OBRA– 90 requires the NRC to recover only approximately 90 percent of the remaining budget authority for the fiscal year—10 percent of the remaining budget authority is not recovered through fees. The NRC refers to the activities included in this 10-percent as ‘‘fee-relief’’ activities. After accounting for the fee-recovery exclusions, the feerelief activities, and net billing adjustments (i.e., the sum of unpaid current year invoices (estimated) minus payments for prior year invoices), the NRC must bill approximately $826.7 million in fees in FY 2018. Of this amount, the NRC estimates that $289.4 million will be recovered through 10 CFR part 170 service fees; that leaves approximately $537.3 million to be recovered through 10 CFR part 171 annual fees. Table I summarizes the feerecovery amounts for the FY 2018 proposed fee rule using the adjusted CBJ amounts, and taking into account excluded activities, fee-relief activities, and net billing adjustments. For all information presented in the following tables, individual values may not sum to totals due to rounding. Please see the work papers (ADAMS Accession No. ML17348A377) for actual amounts. The FY 2018 proposed fee rule is based on the FY 2018 budget request, as adjusted. In accordance with OBRA–90, the final fee rule will be based on the NRC’s actual appropriation rather than the budget request, and so the NRC will update the final fee schedule as appropriate. If the NRC receives a yearlong continuing resolution, then the final fee schedule may look similar to the FY 2017 final fee rule. TABLE I—BUDGET AND FEE RECOVERY AMOUNTS [Dollars in millions] FY 2017 final rule FY 2018 proposed rule Percentage change $917.1 ¥23.1 $967.0 ¥47.6 5.4 106.0 Balance ............................................................................................................................... Fee Recovery Percent ............................................................................................................... sradovich on DSK3GMQ082PROD with PROPOSALS Total Budget Authority ............................................................................................................... Less Excluded Fee Items .......................................................................................................... 894.0 90 919.4 90 2.8 0.0 Total Amount to be Recovered: ................................................................................................ 10 CFR part 171 Billing Adjustments: Unpaid Current Year Invoices (estimated) ......................................................................... Less Prior Year Billing Credit for Transportation Fee Class .............................................. Less Payments Received in Current Year for Previous Year Invoices (estimated) .......... 804.6 827.5 2.8 6.2 0.0 ¥4.9 6.5 0.0 ¥7.3 4.6 0.0 32.8 Subtotal ....................................................................................................................... Amount to be Recovered through 10 CFR parts 170 and 171 Fees ....................................... Less Estimated 10 CFR part 170 Fees ............................................................................. 1.3 805.9 ¥297.3 ¥0.8 826.7 ¥289.4 ¥161.5 2.5 ¥2.7 VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 3409 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules TABLE I—BUDGET AND FEE RECOVERY AMOUNTS—Continued [Dollars in millions] FY 2017 final rule 10 CFR part 171 Fee Collections Required ............................................................... FY 2018 Fee Collection—Professional Hourly Rate The NRC uses a professional hourly rate to assess fees for specific services provided by the NRC under 10 CFR part 170. The professional hourly rate also helps determine flat fees (which are used for the review of certain types of license applications). This rate would be applicable to all activities for which fees are assessed under §§ 170.21 and 170.31. For FY 2018, the NRC is proposing to increase the professional hourly rate from $263 to $270. The 2.6 percent increase in the FY 2018 professional hourly rate is due to the decline in the number of mission-direct FTE compared to FY 2017, primarily due to reduced Fukushima-related work and combined license review work, offset by the small increase in annual mission-direct FTE FY 2018 proposed rule 508.6 537.3 Percentage change 5.6 The NRC’s professional hourly rate is derived by adding budgeted resources for: (1) Mission-direct program salaries and benefits; (2) mission-indirect program support; and (3) agency support (corporate support and the IG), and then subtracting certain offsetting receipts, and then dividing this total by the mission-direct full-time equivalents (FTE) converted to hours. The NRC is proposing to add the definitions for ‘‘mission-direct program salaries and benefits,’’ ‘‘mission-indirect program support,’’ and ‘‘agency support (corporate support and the IG)’’ to 10 CFR 170.3, ‘‘Definitions.’’ The missiondirect FTE converted to hours is the product of the mission-direct FTE multiplied by the estimated annual mission-direct FTE productive hours. The only budgeted resources excluded from the professional hourly rate are those for mission-direct contract resources, which are generally billed to licensees separately. The following shows the professional hourly rate calculation: productive hours. For additional information about the decline in the number of mission-direct FTE, see the Operating Power Reactors section of this rule. The FY 2018 estimated annual mission-direct FTE productive hours is 1,510 hours, up from 1,500 hours in FY 2017. This estimate, also referred to as the productive hours assumption, reflects the average number of hours that a mission-direct employee spends on mission-direct work in a given year. This excludes hours charged to annual leave, sick leave, holidays, training and general administration tasks. Table II shows the professional hourly rate calculation methodology. The FY 2017 amounts are provided for comparison purposes. TABLE II—PROFESSIONAL HOURLY RATE CALCULATION [Dollars in millions, except as noted] FY 2017 final rule FY 2018 proposed rule Percentage change $340.6 137.3 309.6 $341.2 136.1 313.1 0.2 ¥0.9 1.1 Subtotal ............................................................................................................................... Less Offsetting Receipts 2 ......................................................................................................... 787.5 ¥0.1 790.3 0.0 0.4 0.0 Total Budgeted Resources Included in Professional Hourly Rate ..................................... Mission-Direct FTE (Whole numbers) ....................................................................................... Annual Mission-Direct FTE Productive Hours (Whole numbers) .............................................. Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual MissionDirect FTE Productive Hours) (In Millions) ............................................................................ Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by Mission-Direct FTE Converted to Hours) (Whole Numbers) ............................... 787.4 1,996 1,500 790.3 1,938 1,510 0.4 ¥3.0 0.7 3.0 2.9 ¥3.4 263 270 2.6 1 Does not include mission-direct contract resources. 2 The fees collected by the NRC for Freedom of Information Act (FOIA) services and indemnity (financial protection required of licensees for public liability claims at 10 CFR part 140) are subtracted VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 from the budgeted resources amount when calculating the 10 CFR part 170 professional hourly rate, per the guidance in Office of Management and Budget (OMB) Circular A–25, User Charges. The budgeted resources for FOIA activities are allocated under the product for Information Services within PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 the Corporate Support business line. The indemnity activities are allocated under the Licensing Actions and the Research & Test Reactors products within the Operating Reactors business line. E:\FR\FM\25JAP1.SGM 25JAP1 EP25JA18.000</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS Mission-Direct Program Salaries & Benefits ............................................................................. Mission-Indirect Program Support ............................................................................................. Agency Support (Corporate Support and the IG) ..................................................................... 3410 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules FY 2018 Fee Collection—Flat Application Fee Changes The NRC proposes to amend the flat application fees that it charges to applicants for import and export licenses, applicants for materials licenses and other regulatory services, and holders of materials, import, and export licenses in its schedule of fees in §§ 170.21 and 170.31 to reflect the revised professional hourly rate of $270. The NRC calculates these flat fees by multiplying the average professional staff hours needed to process the licensing actions by the proposed professional hourly rate for FY 2018. The NRC analyzes the actual hours spent performing licensing actions and then estimates the average professional staff hours that are needed to process licensing actions as part of its biennial review of fees, which is required by Section 205(a) of the Chief Financial Officers Act of 1990 (31 U.S.C. 902(a)(8)). The NRC performed this review in FY 2017 and will perform this review again in FY 2019. The higher professional hourly rate of $270 is the primary reason for the increase in application fees. Please see the work papers for more detail. The NRC rounds these flat fees in such a way that ensures both convenience for its stakeholders and that any rounding effects are minimal. Accordingly, fees under $1,000 are rounded to the nearest $10, fees between $1,000 and $100,000 are rounded to the nearest $100, and fees greater than $100,000 are rounded to the nearest $1,000. The proposed licensing flat fees are applicable for import and export licensing actions (see fee categories K.1. through K.5. of § 170.21), as well as certain materials licensing actions (see fee categories 1.C. through 1.D., 2.B. through 2.F., 3.A. through 3.S., 4.B. through 5.A., 6.A. through 9.D., 10.B., 15.A. through 15.L., 15.R., and 16 of § 170.31). Applications filed on or after the effective date of the FY 2018 final fee rule will be subject to the revised fees in the final rule. FY 2018 Fee Collection—Fee-Relief and Low-Level Waste (LLW) Surcharge As previously noted, OBRA–90 requires the NRC to recover only approximately 90 percent of its annual budget authority for the fiscal year. The NRC applies the remaining 10 percent that is not recovered to offset certain budgeted activities—see Table III for a full listing of these ‘‘fee-relief’’ activities. If the amount budgeted for these fee-relief activities is greater or less than 10 percent of the NRC’s annual budget authority (less the fee-recovery exclusions), then the NRC applies a fee adjustment (either an increase or decrease) to all licensees’ annual fees, based on their percentage share of the NRC’s budget. In FY 2018, the amount budgeted for fee-relief activities is projected to be higher than the 10-percent threshold. Therefore, the NRC proposes to assess a fee-relief surcharge to increase all licensees’ annual fees based on their percentage share of the budget. Table III summarizes the fee-relief activities budgeted for FY 2018. The FY 2017 amounts are provided for comparison purposes. TABLE III—FEE-RELIEF ACTIVITIES [Dollars in millions] FY 2017 budgeted costs Fee-relief activities 1. Activities not attributable to an existing NRC licensee or class of licensees: a. International activities 3 ..................................................................................................... b. Agreement State oversight ............................................................................................... c. Scholarships and Fellowships .......................................................................................... d. Medical Isotope Production Infrastructure ....................................................................... 2. Activities not assessed under 10 CFR part 170 service fees or 10 CFR part 171 annual fees based on existing law or Commission policy: a. Fee exemption for nonprofit educational institutions ....................................................... b. Costs not recovered from small entities under 10 CFR 171.16(c) .................................. c. Regulatory support to Agreement States ......................................................................... d. Generic decommissioning/reclamation (not related to the power reactor and spent fuel storage fee classes) .......................................................................................................... e. In Situ leach rulemaking and unregistered general licensees ......................................... f. Potential Department of Defense remediation program MOU activities ........................... g. Non-military radium sites .................................................................................................. FY 2018 budgeted costs Percentage change $13.7 13.2 15.0 2.9 ¥0.7 2.9 ¥19.3 ¥44.8 9.7 7.4 18.5 8.9 7.1 17.4 ¥8.0 ¥4.3 ¥6.0 14.6 1.4 1.1 N/A 14.6 1.5 1.1 1.7 0.0 6.7 0.0 N/A Total fee-relief activities ............................................................................................................... Less 10 percent of the NRC’s total FY budget (less the fee recovery exclusions) ............. 101.5 ¥89.4 97.1 ¥91.9 ¥4.3 2.8 Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees ........................ sradovich on DSK3GMQ082PROD with PROPOSALS $13.8 12.9 17.9 4.2 12.1 5.2 ¥57.3 Table IV shows how the NRC proposes to allocate the $5.2 million feerelief surcharge to each licensee fee class. Also, in accordance with the Staff Requirements Memorandum dated September 7, 2017, (ADAMS Accession No. ML17250A841), for SECY–17–0026, ‘‘Policy Considerations and Recommendations for Remediation of Non-Military, Unlicensed Historic Radium Sites in Non-Agreement States’’ dated February 22, 2017 (ADAMS Accession No. ML17130A783), the NRC has established a new fee-relief category for non-military sites contaminated due to historic uses of radium. In addition to the fee-relief surcharge, the NRC also proposes to assess a generic LLW surcharge of $3.4 million. Disposal of LLW occurs at commercially operated LLW disposal facilities that are 3 This amount includes international assistance activities. This amount also includes conventions and treaty activities that are not attributable to an existing NRC licensee or class of licensees, and it includes international cooperation activities that are not attributable to an existing NRC licensee or class of licensees. VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 3411 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules licensed by either the NRC or an Agreement State. Four existing LLW disposal facilities in the United States accept various types of LLW. All are located in Agreement States and, therefore, are regulated by an Agreement State, rather than the NRC. The NRC will allocate this surcharge to its licensees based on data available in the U.S. Department of Energy’s (DOE) Manifest Information Management System. This database contains information on total LLW volumes and NRC usage information from four generator classes: Academic, industrial, medical, and utility. The ratio of utility waste volumes to total LLW volumes over a period of time is used to estimate the portion of this surcharge that will be allocated to the power reactors, fuel facilities, and materials fee classes. The materials portion is adjusted to account for the fact that a large percentage of materials licensees are licensed by the Agreement States rather than the NRC. Table IV shows the surcharge, and its proposed allocation across the various fee classes. TABLE IV—ALLOCATION OF FEE-RELIEF ADJUSTMENT AND LLW SURCHARGE, FY 2018 [Dollars in millions] LLW surcharge Percent Fee-relief adjustment $ Percent Total $ $ Operating Power Reactors .................................................. Spent Fuel Storage/Reactor Decommissioning ................... Research and Test Reactors ............................................... Fuel Facilities ....................................................................... Materials Users .................................................................... Transportation ...................................................................... Rare Earth Facilities ............................................................ Uranium Recovery ............................................................... 41.0 0.0 0.0 46.0 13.0 0.0 0.0 0.0 1.4 0.0 0.0 1.6 0.4 0.0 0.0 0.0 85.2 4.3 0.4 4.5 3.4 0.5 0.0 1.7 4.4 0.2 0.0 0.3 0.2 0.0 0.0 0.1 5.8 0.2 0.0 1.8 0.6 0.0 0.0 0.1 Total .............................................................................. 100.0 3.4 100.0 5.2 8.5 FY 2018 Fee Collection—Revised Annual Fees In accordance with SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ dated September 15, 2005 (ADAMS Accession No. ML052580332), the NRC rebaselines its annual fees every year. ‘‘Rebaselining’’ entails analyzing the budget in detail and then allocating the budgeted costs to various classes or subclasses of licensees. It also includes updating the number of NRC licensees in its fee calculation methodology. The NRC proposes to revise its annual fees in §§ 171.15 and 171.16 to recover approximately 90 percent of the NRC’s FY 2018 budget authority (less the feerecovery exclusions and the estimated amount to be recovered through 10 CFR part 170 fees). The total estimated 10 CFR part 170 collections for this proposed rule total are $289.4 million, a decrease of $7.9 million from the FY 2017 fee rule (see the specific fee class sections for a discussion of this decrease). The NRC, therefore, proposes to recover $537.3 million through annual fees from its licensees, which is an increase of $28.7 million from the FY 2017 final rule. Table V shows the proposed rebaselined fees for FY 2018 for a representative list of categories of licensees. The FY 2017 amounts are provided for comparison purposes. TABLE V—REBASELINED ANNUAL FEES FY 2017 final annual fee Class/category of licenses FY 2018 proposed annual fee Percentage change sradovich on DSK3GMQ082PROD with PROPOSALS Operating Power Reactors .......................................................................................................... + Spent Fuel Storage/Reactor Decommissioning ....................................................................... $4,308,000 188,000 $4,559,000 225,000 5.8 19.7 Total, Combined Fee ............................................................................................................ Spent Fuel Storage/Reactor Decommissioning .......................................................................... Research and Test Reactors (Non-power Reactors) .................................................................. High Enriched Uranium Fuel Facility ........................................................................................... Low Enriched Uranium Fuel Facility ............................................................................................ UF6 Conversion and Deconversion Facility ................................................................................. Conventional Mills ........................................................................................................................ Typical Materials Users: Radiographers (Category 3O) .............................................................................................. Well Loggers (Category 5A) ................................................................................................. All Other Specific Byproduct Material Licensees (Category 3P) ......................................... Broad Scope Medical (Category 7B) ................................................................................... 4,496,000 188,000 81,400 7,255,000 2,629,000 1,498,000 38,900 4,784,000 225,000 81,300 7,726,000 2,799,000 1,596,000 38,800 6.4 19.7 ¥0.1 6.5 6.5 6.5 ¥0.3 27,000 16,000 9,300 33,800 25,700 15,600 9,000 32,700 ¥4.8 ¥2.5 ¥3.2 ¥3.3 The work papers that support this proposed rule show in detail how the NRC proposes to allocate the budgeted resources for each class of licensees and calculate the fees. VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 Paragraphs a. through h. of this section describe budgeted resources allocated to each class of licensees and the calculations of the rebaselined fees. For more information about detailed fee PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 calculations for each class, please consult the accompanying work papers. E:\FR\FM\25JAP1.SGM 25JAP1 3412 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules a. Fuel Facilities The NRC proposes to collect $29.2 million in annual fees from the fuel facilities class. TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES [Dollars in millions] FY 2017 final Summary fee calculations FY 2018 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $33.9 ¥9.6 $35.1 ¥9.3 3.5 ¥3.2 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustments ....................................................................................................................... 24.3 1.6 2.5 0.0 25.8 1.6 1.8 0.0 6.2 0.0 ¥28.0 0.0 Total remaining required annual fee recovery 4 ................................................................... 28.4 29.2 2.8 In FY 2018, although the fuel facilities budgeted resources increased slightly, there is a slight decrease in estimated 10 CFR part 170 billings as a result of completing the Mixed Oxide Fuel Fabrication Facility’s structure review and completing Westinghouse’s license renewal (offset by billings for the Honeywell International’s license renewal application beginning in FY 2018). There was also a reduction to the LLW percentage allotment because of decreased usage of LLW by this fee class. The NRC allocates annual fees to individual fuel facility licensees based on the effort/fee determination matrix developed in the FY 1999 final fee rule (64 FR 31447; June 10, 1999). To briefly recap, the matrix groups licensees within this fee class into various fee categories. The matrix lists processes conducted at licensed sites and assigns effort factors for the safety and safeguards activities associated with each process (these effort levels are reflected in Table VII). The annual fees are then distributed across the fee class based on the regulatory effort predicted by the matrix. TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES, FY 2018 Facility type (fee category) Effort factors (percent of total) Number of facilities Safety sradovich on DSK3GMQ082PROD with PROPOSALS High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... Limited Operations (1.A.(2)(a)) .................................................................................................... Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. Hot Cell (and others) (1.A.(2)(c)) ................................................................................................. Uranium Enrichment (1.E.) .......................................................................................................... UF6 Conversion and Deconversion (2.A.(1)) ............................................................................... In FY 2018, the total remaining required annual fee recovery amount of $29.2 million is comprised of safety activities, safeguards activities and the fee-relief adjustment/LLW surcharge. For FY 2018, the total budgeted resources to be recovered as annual fees for safety activities are $15.1 million. To calculate the annual fee, the NRC allocates this amount to each fee category based on its percent of the total regulatory effort for safety activities. Similarly, the NRC allocates the budgeted resources to be recovered as annual fees for safeguards activities, $12.3 million, to each fee category based on its percent of the total regulatory effort for safeguards activities. Finally, the fuel facility fee class’ portion of the fee-relief adjustment/LLW surcharge— $1.8 million—is allocated to each fee category based on its percentage of the total regulatory effort for both safety and safeguards activities. The annual fee per licensee is then calculated by dividing the total allocated budgeted resources 2 3 0 0 0 1 1 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 88 70 0 0 0 21 12 for the fee category by the number of licensees in that fee category. In comparison to FY 2017, for FY 2018 there was an increase of 2.8% for the total remaining required annual fee recovery (see Table VI). However, in comparison to FY 2017 for FY 2018, there was an increase of 6.5% in each fee category. The differences in the percentage increase was due to two licensees leaving the fee class in FY 2017. The fee for each facility is summarized in Table VIII. 4 See Table VII for percentage change for each fee category. VerDate Sep<11>2014 Safeguards E:\FR\FM\25JAP1.SGM 25JAP1 96 30 0 0 0 23 7 3413 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules TABLE VIII—ANNUAL FEES FOR FUEL FACILITIES FY 2017 final annual fee Facility type (fee category) High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. Hot Cell (and others) (1.A.(2)(c)) ................................................................................................. Uranium Enrichment (1.E.) .......................................................................................................... UF6 Conversion and Deconversion (2.A.(1)) ............................................................................... b. Uranium Recovery Facilities The NRC proposes to collect $0.6 million in annual fees from the uranium $7,255,000 2,629,000 1,366,000 710,000 3,470,000 1,498,000 FY 2018 proposed annual fee $7,726,000 2,799,000 5 N/A 5 N/A 3,695,000 1,596,000 Percentage change 6.5 6.5 N/A N/A 6.5 6.5 recovery facilities fee class, a decrease of 66.7 percent from FY 2017. TABLE IX—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES [Dollars in millions] FY 2017 final Summary fee calculations FY 2018 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $14.3 ¥13.5 $13.5 ¥13.0 ¥5.6 ¥3.8 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment ................................................................................................................... Billing adjustments ....................................................................................................................... 0.8 N/A 0.2 0.0 0.5 N/A 0.1 0.0 ¥60.0 N/A ¥50.0 0.0 Total required annual fee recovery ...................................................................................... 1.0 0.6 ¥66.7 In comparison to FY 2017, the FY 2018 budgeted resources for uranium recovery licensees decreased due to reductions in associated licensing work, realignment of the Uranium Mill Tailings Radiation Control Act (UMTRCA) program, and completed reviews for license amendments for Strata Energy and Jane Dough, offset by increased workload for the Marsland license amendment review. The NRC computes the annual fee for the uranium recovery fee class by dividing the total annual fee recovery amount among DOE and the other licensees in this fee class. The annual fee decreased for the DOE/UMTRCA program due to the decreased budgeted resources and an increase in 10 CFR part 170 billings for the Atlantic Richfield review. The annual fee decreased slightly for the remaining Uranium Recovery licensees due to a decrease in estimated 10 CFR part 170 billings for completed reviews for license amendments for Strata Energy and Jane Dough, offset by an increase in 10 CFR part 170 billings for the Marsland license amendment review. The NRC regulates DOE’s Title I and Title II activities under UMTRCA 6 and the proposed annual fee to DOE includes the costs specifically budgeted for the NRC’s UMTRCA Title I and II activities, as well as 10 percent of the remaining budgeted costs for this fee class. The DOE’s UMTRCA annual fee decreased mainly due to the budgeted resources reduction and an increase in estimated 10 CFR part 170 billings for work on the Atlantic Richfield review. The annual fee decreased for the overall fee class due to the decrease in budgeted resources. The NRC assesses the remaining 90 percent of its budgeted costs to the rest of the licensees in this fee class, as described in the work papers. This is reflected in Table X as follows: TABLE X—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS FY 2017 final annual fee Summary of costs sradovich on DSK3GMQ082PROD with PROPOSALS DOE Annual Fee Amount (UMTRCA Title I and Title II) General Licenses: UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts ...................... 10 percent of generic/other uranium recovery budgeted costs ........................................... 10 percent of uranium recovery fee-relief adjustment ......................................................... Total Annual Fee Amount for DOE (rounded) .............................................................. Annual Fee Amount for Other Uranium Recovery Licenses: 90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for UMTRCA Title I and Title II activities ................................................. 5 No licensees in this fee category in FY 2018. Congress established the two programs, Title I and Title II, under UMTRCA to protect the public and the environment from uranium milling. 6 The VerDate Sep<11>2014 18:00 Jan 24, 2018 Jkt 244001 The UMTRCA Title I program is for remedial action at abandoned mill tailings sites where tailings resulted largely from production of uranium for the weapons program. The NRC also regulates DOE’s PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 FY 2018 proposed annual fee Percentage change $574,595 19,079 21,940 $147,161 32,434 8,547 ¥74.4 41.2 ¥61.0 616,000 188,000 ¥69.5 171,714 291,903 70.0 UMTRCA Title II program, which is directed toward uranium mill sites licensed by the NRC or Agreement States in or after 1978. E:\FR\FM\25JAP1.SGM 25JAP1 3414 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules TABLE X—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS—Continued FY 2017 final annual fee Summary of costs FY 2018 proposed annual fee Percentage change 90 percent of uranium recovery fee-relief adjustment ......................................................... 197,464 76,924 ¥61.0 Total Annual Fee Amount for Other Uranium Recovery Licenses ............................... 369,178 368,828 ¥0.1 Further, for the non-DOE licensees, the NRC continues to use a matrix to determine the effort levels associated with conducting the generic regulatory actions for the different licensees in this fee class; this is similar to the NRC’s approach for fuel facilities, described previously. The matrix methodology for uranium recovery licensees first identifies the licensee categories included within this fee class (excluding DOE). These categories are: Conventional uranium mills and heap leach facilities; uranium In Situ Recovery (ISR) and resin ISR facilities; mill tailings disposal facilities; and uranium water treatment facilities. The matrix identifies the types of operating activities that support and benefit these licensees, along with each activity’s relative weight (for more information, see the work papers). Table XI displays the benefit factors per licensee and per fee category, for each of the non-DOE fee categories included in the uranium recovery fee class as follows: TABLE XI—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES Number of licensees Fee category Benefit factor per licensee Total value Benefit factor percent total Conventional and Heap Leach mills (2.A.(2)(a)) ..................................... Basic In Situ Recovery facilities (2.A.(2)(b)) ........................................... Expanded In Situ Recovery facilities (2.A.(2)(c)) .................................... Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ..... Uranium water treatment (2.A.(5)) ........................................................... 1 5 1 1 1 150 190 215 85 25 150 950 215 85 25 10.5 66.7 15.1 6.0 1.7 Total .................................................................................................. 9 665 1,425 100.0 Applying these factors to the approximately $368,828 in budgeted costs to be recovered from non-DOE uranium recovery licensees results in the total annual fees for each fee category. The annual fee per licensee is calculated by dividing the total allocated budgeted resources for the fee category by the number of licensees in that fee category, as summarized in Table XII. TABLE XII—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES [Other than DOE] Facility type (fee category) FY 2017 final annual fee Conventional and Heap Leach mills (2.A.(2)(a)) ......................................................................... Basic In Situ Recovery facilities (2.A.(2)(b)) ............................................................................... Expanded In Situ Recovery facilities (2.A.(2)(c)) ........................................................................ Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ......................................... Uranium water treatment (2.A.(5)) ............................................................................................... c. Operating Power Reactors The NRC proposes to collect $451.3 million in annual fees from the power reactor fee class in FY 2018, as shown in Table XIII. The FY 2017 fees and $38,900 49,200 55,700 22,000 6,500 FY 2018 proposed annual fee Percentage change ¥0.3 0.0 ¥0.2 0.0 0.0 $38,800 49,200 55,600 22,000 6,500 percentage change are shown for comparison purposes. TABLE XIII—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS sradovich on DSK3GMQ082PROD with PROPOSALS [Dollars in millions] FY 2017 final Summary fee calculations FY 2018 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $670.3 ¥256.3 $693.0 ¥247.1 3.4 ¥3.6 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment/LLW surcharge ......................................................................................... 414.0 0.3 11.1 445.9 0.3 5.8 7.7 0.0 ¥47.7 VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 3415 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules TABLE XIII—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS—Continued [Dollars in millions] FY 2017 final Summary fee calculations FY 2018 proposed Percentage change Billing adjustment ......................................................................................................................... 1.1 ¥0.7 ¥163.6 Total required annual fee recovery ...................................................................................... 426.5 451.3 5.8 Total operating reactors ....................................................................................................... Annual fee per reactor ................................................................................................................. 99 4,308.0 99 4,559.0 0.0 5.8 In comparison to FY 2017, the operating power reactors budgeted resources increased in FY 2018 primarily because contract costs associated with research in the areas of safety and security of digital systems, materials degradation, the aging of cables, and the effects of concrete degradation were funded in FY 2017 with prior year unobligated carryover. Contract costs also increased to support the new reactor design certification and early site permit reviews, as well as related infrastructure and technical assistance. Offsetting factors include a decrease in staff needed for Fukushimarelated work and combined license reviews. Estimated billings under 10 CFR part 170 also slightly declined primarily due to South Carolina Electric and Gas Company’s decision to abandon the construction of the two new nuclear units at V.C. Summer Nuclear Station, offset by the increased work for new reactor design certification and early site permit reviews. The recoverable budgeted costs are divided equally among the 99 licensed power reactors, resulting in a proposed annual fee of $4,559,000 per reactor. Additionally, each licensed power reactor is assessed the FY 2018 spent fuel storage/reactor decommissioning proposed annual fee of $225,000 (see Table XIV and the discussion that follows). The combined proposed FY 2018 annual fee for power reactors is, therefore, $4,784,000. On May 24, 2016, the NRC amended its licensing, inspection, and annual fee regulations to establish a variable annual fee structure for light-water small modular reactors (SMRs). Under the variable annual fee structure, effective June 23, 2016, an SMR’s annual fee would be calculated as a function of its licensed thermal power rating. Currently, there are no operating SMRs; therefore, the NRC is not proposing an annual fee in FY 2018 for this type of licensee. d. Spent Fuel Storage/Reactor Decommissioning The NRC proposes to collect $27.4 million in annual fees from 10 CFR part 50 power reactors, and from 10 CFR part 72 licensees that do not hold a 10 CFR part 50 license, to collect the budgeted costs for spent fuel storage/reactor decommissioning. TABLE XIV—ANNUAL FEE SUMMARY CALCULATIONS FOR THE SPENT FUEL STORAGE/REACTOR DECOMMISSIONING FEE CLASS [Dollars in millions] FY 2017 final Summary fee calculations FY 2018 proposed Percentage change $29.5 ¥7.9 $34.6 ¥8.3 17.3 5.1 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation costs ........................................................................................ Fee-relief adjustment ................................................................................................................... Billing adjustments ....................................................................................................................... 21.6 0.8 0.5 0.1 26.3 0.9 0.2 0.0 21.7 12.5 ¥60.0 ¥100.0 Total required annual fee recovery ...................................................................................... 23.0 27.4 19.4 Total spent fuel storage facilities .......................................................................................... Annual fee per facility .................................................................................................................. sradovich on DSK3GMQ082PROD with PROPOSALS Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. 122 0.188 122 0.225 0.0 19.7 Compared to FY 2017, the FY 2018 budgeted resources for spent fuel storage/reactor decommissioning increased due to (1) an increase in resources to support the safety, security, emergency preparedness, and environmental reviews for two applications for consolidated interim storage facilities (one of which has been suspended), and (2) efforts to update/ consolidate the standard review plan for these facilities. For this fee class, VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 estimated billings under 10 CFR part 170 increased slightly because although there was a decline in 10 CFR part 170 estimated billings due to suspension of the review for the Waste Control Specialists consolidated interim storage facility application, there was an overall increase in 10 CFR part 170 estimated billings due to an anticipated increase in workload for the Holtec International consolidated interim storage facility application, a renewal request for DOE PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Idaho, and an amendment request by TN Americas. The required annual fee recovery amount is divided equally among 122 licensees, resulting in an FY 2018 annual fee of $225,000 per licensee. e. Research and Test Reactors (NonPower Reactors) The NRC proposes to collect $0.325 million in annual fees from the research and test reactor licensee class. E:\FR\FM\25JAP1.SGM 25JAP1 3416 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR RESEARCH AND TEST REACTORS [Dollars in millions] FY 2017 final Summary fee calculations FY 2018 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $1.982 ¥1.724 $2.997 ¥2.722 51.2 57.9 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment ................................................................................................................... Billing adjustments ....................................................................................................................... 0.258 0.034 0.031 0.003 0.275 0.034 0.019 ¥0.003 6.6 0.9 ¥38.7 ¥200.0 Total required annual fee recovery ...................................................................................... 0.326 0.325 ¥0.3 Total research and test reactors .......................................................................................... 4 4 0.0 Total annual fee per reactor ................................................................................................. 0.0814 0.0813 ¥0.1 For this fee class, the budgeted resources increased due to increased licensing and inspection activities associated with medical isotope facilities. Despite the budgeted resources increase, the proposed FY 2018 annual fee decreased due to an increase in estimated 10 CFR part 170 billings for Aerotest’s license renewal, continued project management activities for the four test and research reactor sites, and increased licensing and inspection activities associated with medical isotope facilities. The required annual fee-recovery amount is divided equally among the four research and test reactors subject to annual fees and results in an FY 2018 annual fee of $81,300 for each licensee. f. Rare Earth The NRC has not allocated any budgeted resources to this fee class; therefore, the NRC is not proposing an annual fee in FY 2018. g. Materials Users The NRC proposes to collect $34.2 million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70. TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS [Dollars in millions] FY 2017 final Summary fee calculations FY 2018 proposed Percentage change $33.7 ¥0.9 $33.0 ¥1.0 ¥2.1 11.1 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustments ....................................................................................................................... 32.8 1.6 0.9 0.1 32.0 1.6 0.6 0.0 ¥2.5 0.0 ¥33.3 ¥100.0 Total required annual fee recovery ...................................................................................... sradovich on DSK3GMQ082PROD with PROPOSALS Total budgeted resources for licensees not regulated by Agreement States ............................. Less estimated 10 CFR part 170 receipts .................................................................................. 35.4 34.2 ¥3.4 The annual fee for these categories of materials users’ licenses is developed as follows: Annual Fee = Constant × [Application Fee + (Average Inspection Cost/Inspection Priority)] + Inspection Multiplier × (Average Inspection Cost/ Inspection Priority) + Unique Category Costs. The total annual fee recovery proposed for FY 2018 consists of the following: $26.2 million for general costs, $7.1 million for inspection costs, $0.3 million for unique costs for medical licenses and $0.6 million for fee relief/LLW costs. To equitably and fairly allocate the $34.2 million required to be collected among approximately 2,600 diverse materials users licensees, the NRC continues to calculate the annual fees for each fee category within this class based on the 10 CFR part 170 VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 application fees and estimated inspection costs for each fee category. Because the application fees and inspection costs are indicative of the complexity of the materials license, this approach provides a proxy for allocating the generic and other regulatory costs to the diverse fee categories. This feecalculation method also considers the inspection frequency (priority), which is indicative of the safety risk and resulting regulatory costs associated with the categories of licenses. The NRC proposes to decrease annual fees for most materials licensees in this fee class in FY 2018 due to a reduction in budgeted resources for oversight activities through implementation of process enhancements and rebaselining PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 of the materials program under Project Aim. The constant multiplier is established in order to recover the total general costs (including allocated generic transportation costs) of $26.2 million. To derive the constant multiplier, the general cost amount is divided by the product of all fee categories (application fee plus the inspection fee divided by inspection priority) then multiplied by the number of licensees. This calculation results in a constant multiplier of 1.46 for FY 2018. The average inspection cost is the average inspection hours for each fee category multiplied by the professional hourly rate of $270. The inspection priority is the interval between routine inspections, expressed in years. The E:\FR\FM\25JAP1.SGM 25JAP1 3417 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules inspection multiplier is established in order to recover the $7.1 million in inspection costs. To derive the inspection multiplier, the inspection costs amount is divided by the product of all fee categories (inspection fee divided by inspection priority) then multiplied by the number of licensees. This calculation results in an inspection multiplier of 1.38 for FY 2018. The unique category costs are any special costs that the NRC has budgeted for a specific category of licenses. For FY 2018, unique category costs include approximately $0.3 million in budgeted costs for the implementation of revised 10 CFR part 35, ‘‘Medical Use of Byproduct Material,’’ which has been allocated to holders of NRC human-use licenses. These unique category costs include the budgeted resources for the medical program of $20 million, adjusted for the percentage of Agreement State licensees. The remainder is divided by the number of licensees within fee categories 7A, 7C and 17. Please see the work papers for more detail about this classification. The annual fee assessed to each licensee also includes a share of the $0.6 million fee-relief surcharge assessment of approximately $0.2 million allocated to the materials users fee class (see Table IV, ‘‘Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2018,’’ in Section III, ‘‘Discussion,’’ of this document), and for certain categories of these licensees, a share of the approximately $0.4 million LLW surcharge costs allocated to the fee class. The proposed annual fee for each fee category is shown in the proposed revision to § 171.16(d). h. Transportation The NRC proposes to collect $5.9 million in annual fees to recover generic transportation budgeted resources. The FY 2017 values are shown for comparison purposes. TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION [Dollars in millions] FY 2017 final Summary fee calculations FY 2018 proposed Percentage change Total Budgeted Resources .......................................................................................................... Less Estimated 10 CFR part 170 Receipts ................................................................................. $8.9 ¥3.1 $8.8 ¥2.9 ¥1.1 ¥6.5 Net 10 CFR part 171 Resources ......................................................................................... Less Generic Transportation Resources 7 ................................................................................... Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustments ....................................................................................................................... 5.8 ¥4.5 0.2 0.0 5.9 ¥4.5 0.0 0.0 1.7 0.0 0.0 0.0 Total required annual fee recovery ...................................................................................... 1.5 1.4 ¥7.2 In comparison to FY 2017, the total budgeted resources for FY 2018 for generic transportation activities decreased due to an anticipated reduction in the Certificates of Compliance (CoCs) for DOE (from 22 to 21) and a decreased anticipated workload due to the expected number of major licensing actions to be completed in FY 2018. There was also a decline in budgeted resources within licensing and rulemaking support due to a reclassification of certain budgeted resources to the spent fuel storage/ reactor decommissioning fee class. Consistent with the policy established in the NRC’s FY 2006 final fee rule (71 FR 30721; May 30, 2006), the NRC recovers generic transportation costs unrelated to DOE by including those costs in the annual fees for licensee fee classes. The NRC continues to assess a separate annual fee under § 171.16, fee category 18.A. for DOE transportation activities. The amount of the allocated generic resources is calculated by multiplying the percentage of total CoCs used by each fee class (and DOE) by the total generic transportation resources to be recovered. The proposed annual fee decrease for DOE is mainly due to an anticipated decrease in CoCs from 22 to 21 in FY 2018. This resource distribution to the licensee fee classes and DOE is shown in Table XVIII. Note that for the research and test reactors fee class, the NRC allocates the distribution to only those licensees that are subject to annual fees. Although four CoCs benefit the entire research and test reactor class, only 4 out of 31 research and test reactors are subject to annual fees. Consequently, the number of CoCs used to determine the proportion of generic transportation resources allocated to research and test reactors annual fees has been adjusted to 0.5 so the research and test reactors subject to annual fees are charged a fair and equitable portion of the total. For more information, see the work papers. TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2018 [Dollars in millions] Number of CoCs benefiting fee class or DOE sradovich on DSK3GMQ082PROD with PROPOSALS Licensee fee class/DOE Percentage of total CoCs Allocated generic transportation resources Materials Users .................................................................................................... Operating Power Reactors .................................................................................. Spent Fuel Storage/Reactor Decommissioning .................................................. Research and Test Reactors ............................................................................... Fuel Facilities ....................................................................................................... 25.0 5.0 14.0 0.5 24.0 27.9 5.6 15.6 0.6 26.8 $1.7 0.3 0.9 0.0 1.6 Sub-Total of Generic Transportation Resources ......................................... 68.5 76.5 4.5 7 New line item added to enhance clarify. VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 3418 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2018—Continued [Dollars in millions] Number of CoCs benefiting fee class or DOE Licensee fee class/DOE Percentage of total CoCs Allocated generic transportation resources DOE ..................................................................................................................... 21.0 23.5 1.4 Total .............................................................................................................. 89.5 100.0 5.9 The NRC assesses an annual fee to DOE based on the 10 CFR part 71 CoCs it holds. The NRC, therefore, does not allocate these DOE-related resources to other licensees’ annual fees because these resources specifically support DOE. FY 2018—Policy Change The NRC proposes one policy change for FY 2018: sradovich on DSK3GMQ082PROD with PROPOSALS Changes to Small Materials Users Fee Categories for Locations of Use The NRC proposes to add seven new fee subcategories under 10 CFR 170.31, ‘‘Schedule of Fees for Materials Licenses and Other Regulatory Services, Including Inspections, and Import and Export Licenses,’’ and 10 CFR 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.’’ Generally speaking, 10 CFR 170.31 assigns the same fee to each licensee in the fee category, regardless of the amount of locations that the licensee is authorized to use. Yet for some of these fee categories, the NRC staff recently determined that it spends a disproportionate amount of time on licensees with six or more locations compared to licensees in the same fee category with fewer than six locations. Therefore, the NRC is proposing to revise its fee categories so that these fees better align with the actual costs of providing regulatory services. Previously—in the FY 2015 final fee rule—the NRC added three fee subcategories under one fee category, 3.L. (research and development broad scope) for licenses with six or more locations of use. Although there are 14 additional fee categories that could be modified, the NRC determined that most affected licenses are covered under only 7 of the 14 fee categories. Accordingly, the NRC is proposing to add subcategories to these seven fee categories: • Manufacturing broad scope licenses under fee category 3.A. VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 • Other manufacturing licenses under fee category 3.B. • Medical product distribution licenses under fee category 3.C. • Industrial radiography licenses under fee category 3.O. • Other byproduct licenses (e.g., portable and fixed gauges, measuring systems) under fee category 3.P. • Medical licenses under fee categories 7.A. and 7.B. To more accurately reflect the cost of services provided by the NRC, this change would result in each fee category having subcategories for 1–5, 6–20, and more than 20 locations of use. FY 2018—Administrative Changes The NRC also proposes eleven administrative changes: 1. Revise the methodology of charging licensees for overhead time for project managers (PMs) and resident inspectors (RIs). The NRC proposes to revise the methodology of charging licensees for overhead time for PMs and RIs. Currently, the NRC includes an overhead cost of 6 percent of direct billable costs to all licensees’ invoices. The overhead charge is intended to recover the full cost for PM and RI activities that provide a direct benefit to the assigned licensee or site. In FY 2015 to FY 2017, this 6-percent value was based on the analysis of 4 years of billing data (FY 2011 to FY 2014) for overhead activities recorded in the time and labor system by a PM or RI and billed to the dockets to which the PM or the RI were officially assigned. The NRC has reviewed the process and, as a process enhancement, created docket-related fee-billable cost activity codes. Once the FY 2018 final fee rule is effective, the licensee invoices will no longer include the 6-percent overhead allocation. Instead, the licensee invoices will include the actual hours for activities that support and directly benefit the assigned licensee or site. 2. Add definitions for inputs in the professional hourly rate calculation in 10 CFR part 170, ‘‘Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services under the Atomic Energy Act of 1954, as Amended.’’ PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 In response to the recommendations in the U.S. Government Accountability Office (GAO) report titled ‘‘Nuclear Regulatory Commission: Regulatory FeeSetting Calculations Need Greater Transparency’’ (GAO–17–232), dated February 2, 2017, the NRC committed to adding definitions for the professional hourly rate components in 10 CFR part 170 during the FY 2018 fee rulemaking. The NRC therefore proposes to add definitions for ‘‘agency support (corporate support and the IG),’’ ‘‘mission-direct program salaries and benefits,’’ and ‘‘mission-indirect program support’’ to 10 CFR 170.3, ‘‘Definitions.’’ 3. Delete the definition of ‘‘overhead and general and administrative costs’’ from 10 CFR 170.3 and 10 CFR 171.5. The term ‘‘overhead and general and administrative costs’’ is currently defined in 10 CFR 170.3 and 10 CFR 171.5, but it is not used in 10 CFR parts 170 and 171. Nor do the subordinate elements of the definition— ‘‘Government benefits,’’ ‘‘travel costs,’’ ‘‘overhead,’’ ‘‘administrative support costs,’’ and ‘‘indirect costs’’—appear elsewhere in parts 170 and 171. The NRC therefore proposes to delete these definitions for clarity purposes. 4. Amend language under 10 CFR 170.11, ‘‘Exemptions,’’ to add a new paragraph to include the timeframe in which a request for a fee exemption must be submitted to the Chief Financial Officer (CFO) under 10 CFR part 170. The NRC proposes to revise language to provide that a request for a fee exemption under 10 CFR 170.11(a)(1) must be submitted to the CFO within 90 days of the date of the NRC’s receipt of the work. 5. Amend language under 10 CFR 170.31, ‘‘Schedule of Fees for Materials Licenses and Other Regulatory Services, Including Inspections, and Import and Export Licenses,’’ and 10 CFR 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,’’ to enhance clarity. E:\FR\FM\25JAP1.SGM 25JAP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules When a materials license (or part of a materials license) changes from operational to decommissioning status, it transitions to fee category 14.A. There are two aspects of the fee treatment that follows transition to fee category 14.A. First, the materials license (or part of a materials license) that transitions to fee category 14.A is assessed full cost fees under 10 CFR part 170, even if, before the transition to this fee category, the licensee was assessed flat fees under 10 CFR part 170. Second, the materials license (or part of a materials license) that transitions to fee category 14.A is not assessed annual fees under 10 CFR part 171. If only part of a materials license is transitioned to fee category 14.A, the licensee may be charged annual fees (and any applicable 10 CFR part 170 fees) for other activities authorized under the license that are not in decommissioning status. The NRC is proposing to add a new footnote to the table in 10 CFR 170.31 and to the table in 10 CFR 171.16 to emphasize the fee treatment that follows a transition to fee category 14.A. The NRC also proposes to add new language to the description of fee category 14.A. in both 10 CFR 170.31 and 171.16 in order to enhance clarity regarding when a materials license (or part of a materials license) transitions to fee category 14.A. Specifically, this transition occurs when a licensee has permanently ceased principal activities. For guidance on what constitutes ‘‘permanently ceasing principal activities,’’ please see Regulatory Issue Summary 2015–19 (Sept. 27, 2016) (ADAMS Accession No. ML16008A242). 6. Amend language under 10 CFR 171.3 and 10 CFR 171.16(a) to clarify when the assessment of annual fees begins for uranium recovery and fuel facility licensees. Both uranium recovery and fuel facilities licenses include a condition that the NRC must complete a postconstruction, pre-operational inspection to authorize a licensee to possess and use source material. In the FY 2007 final fee rule, the NRC added language to 10 CFR 171.3 and 10 CFR 171.16(a) to codify its policy that annual fees for uranium enrichment facilities will be assessed after the NRC verifies through inspection that the facility has been constructed in accordance with the requirements of the license. The NRC proposes to amend those sections to codify the policy that the assessment of annual fees for uranium recovery or fuel facility licensees, including uranium enrichment facility licensees, begins after the NRC inspection verifies that the facility has been constructed in VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 accordance with the requirements of the license. 7. Amend footnote 9 to the table in 10 CFR 171.16(d) for clarity. The NRC proposes to revise footnote 9 to clarify that nuclear medicine licensees under fee category 7.A. would not be assessed a separate annual fee for pacemaker licenses. 8. Delete footnote 15 to the table in 10 CFR 171.16(d). The NRC proposes to delete footnote 15 because footnote 16 is more comprehensive and already includes the relevant information from footnote 15. The current footnote 16 would be renumbered as footnote 15, and the footnotes that follow current footnote 16 would be renumbered. All references to these footnotes in fee categories will be adjusted accordingly. 9. Amend footnote 16 to the table in 10 CFR 171.16(d) for clarity. The NRC proposes to renumber footnote 16 as footnote 15, as indicated, and revise it to clarify that licensees paying fees under fee category 17 are not be subject to additional fees listed in the table. 10. Add a new footnote to the table in 10 CFR 171.16(d) for clarity. The NRC proposes to add a new footnote (as footnote 20) to clarify when licensees are exempt from paying annual fees under a specific fee category when they are licensed under multiple fee categories. The NRC currently follows this guidance and would add references to the new footnote 20 to fee categories 2.B., 3.N., and 3.P. to enhance clarity. 11. Amend language under 10 CFR 171.17, ‘‘Proration,’’ to add a new sentence on the proration of fees. The NRC proposes to revise language regarding (1) reactors, (2) licensees under 10 CFR part 72, ‘‘Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, HighLevel Radioactive Waste, and ReactorRelated Greater Than Class C Waste,’’ who do not hold 10 CFR part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ licenses and (3) materials licensees with annual fees of $100,000 or greater for a single fee category. The NRC proposes to base the proration of annual fees for terminated and downgraded licensees on the fee rule in effect at the time the termination or downgrade action is official. The NRC will base the determinations on the proration requirements under 10 CFR 171.17(a)(2) and (3). Under the current regulations, proration is based on the fee rule for the current fiscal year. This prevents the NRC from accurately billing the licensee at the time the termination or PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 3419 downgrade action is official based on the proration requirements under 10 CFR 171.17(a)(2) and (3). The NRC has to wait until the current year’s fee rule is effective (typically during the fourth quarter of a fiscal year) to either bill additional amounts or process refunds to the licensee based on the new fee rule amount. This amendment would allow the NRC to prorate annual fees based on the fee rule in effect at the time the termination or downgrade action is official based on the proration requirements under 10 CFR 171.17(a)(2) and (3), thereby allowing the licensees to know that their fee amounts would not have to be adjusted in the fourth quarter of the fiscal year. This change would support the fair and equitable assessment of fees because it ties annual fee proration to when the license actually becomes downgraded or terminated. Update to the Fees Transformation Initiative The Staff Requirements Memorandum, dated October 19, 2016, for SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 Proposed Fee Rule,’’ directed staff to explore, as a voluntary pilot, whether a flat fee structure could be established for routine licensing matters in the area uranium recovery, and to accelerate the fees setting process improvements including the transition to an electronic billing system. With respect to the voluntary flat fees pilot, the staff has developed a project plan and is on target to complete this activity by September 2020. With respect to the fees setting process improvements, all 14 of the activities scheduled for FY 2017 and an additional 3 scheduled for FY 2018 were completed in FY 2017. These improvements included adding additional content to the FY 2018 CBJ to help licensees understand how the planned workload in the budget impacted fees, validating the budgeting process by comparing budgeted amounts with actual amounts in the CBJ, posting the estimated cost of various licensing actions for both the Reactors and Materials programs on the NRC’s public website, and modifying the calculation of full-cost fees to facilitate publishing the proposed and final fee rules earlier. For the remaining process changes recommended for future consideration, the NRC is wellpositioned to complete them on schedule. In addition, the NRC is considering alternatives to accelerate the transition to an electronic billing system and for opportunities to enhance the detail contained in our invoices. For E:\FR\FM\25JAP1.SGM 25JAP1 3420 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules more information, please see our fees transformation accomplishments schedule, located on our license fees website at: https://www.nrc.gov/aboutnrc/regulatory/licensing/feestransformation-accomplishments.html. IV. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, as amended (RFA),8 the NRC has prepared a regulatory flexibility analysis relating to this proposed rule. The regulatory flexibility analysis is available as indicated in Section XIII, Availability of Documents, of this document. V. Regulatory Analysis Under OBRA–90, the NRC is required to recover approximately 90 percent of its budget authority in FY 2018. The NRC established fee methodology guidelines for 10 CFR part 170 in 1978, and established additional fee methodology guidelines for 10 CFR part 171 in 1986. In subsequent rulemakings, the NRC has adjusted its fees without changing the underlying principles of its fee policy to ensure that the NRC continues to comply with the statutory requirements for cost recovery in OBRA–90. In this rulemaking, the NRC continues this long-standing approach. Therefore, the NRC did not identify any alternatives to the current fee structure guidelines and did not prepare a regulatory analysis for this rulemaking. VI. Backfitting and Issue Finality The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule and that a backfit analysis is not required. A backfit analysis is not required because these amendments do not require the modification of, or addition to, systems, structures, components, or the design of a facility, or the design approval or manufacturing license for a facility, or the procedures or organization required to design, construct, or operate a facility. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31885). The NRC requests comment on the proposed rule with respect to the clarity and effectiveness of the language used. VIII. National Environmental Policy Act The NRC has determined that this rule will amend NRC’s administrative requirements in 10 CFR part 170 and 10 CFR part 171. Therefore, this action is categorically excluded from needing environmental review as described in 10 CFR 51.22(c)(1). Consequently, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule. IX. Paperwork Reduction Act This proposed rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. X. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104–113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this proposed rule, the NRC proposes to amend the licensing, inspection, and annual fees charged to its licensees and applicants, as necessary, to recover approximately 90 percent of its budget authority in FY 2018, as required by OBRA–90. This sradovich on DSK3GMQ082PROD with PROPOSALS Document VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 XI. Availability of Guidance The Small Business Regulatory Enforcement Fairness Act requires all Federal agencies to prepare a written compliance guide for each rule for which the agency is required by 5 U.S.C. 604 to prepare a regulatory flexibility analysis. The NRC, in compliance with the law, prepared the ‘‘Small Entity Compliance Guide’’ for the FY 2017 proposed fee rule. The NRC plans to continue to use this compliance guide for FY 2018 and has relabeled the compliance guide to reflect the current fiscal year. The FY 2018 version of the compliance guide is available as indicated in Section XIII, Availability of Documents, of this document. The next compliance guide will be developed when the NRC completes the next small entity biennial review in FY 2019. XII. Public Meeting The NRC will conduct a public meeting on the proposed rule for the purpose of describing the proposed rule and answering questions from the public on the proposed rule. The NRC will publish a notice of the location, time, and agenda of the meeting on the NRC’s public meeting website within at least 10 calendar days before the meeting. In addition, the agenda for the meeting will be posted on www.regulations.gov under Docket ID NRC–2017–0026. For instructions to receive alerts when changes or additions occur in a docket folder, see Section XIII, Availability of Documents, of this document. Stakeholders should monitor the NRC’s public meeting website for information about the public meeting at: https://www.nrc.gov/public-involve/ public-meetings/index.cfm. XIII. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. ADAMS accession No./weblink SECY–16–0009, ‘‘Recommendations Resulting from the Integrated Prioritization and Re-Baselining of Agency Activities,’’ February 9, 2016. SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 Proposed Fee Rule,’’ August 22, 2016. SECY–17–0026, ‘‘Policy Considerations and Recommendations for Remediation of Non-Military, Unlicensed Historic Radium Sites in Non-Agreement States’’ February 22, 2017. 8 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612, has been amended by the Small Business Regulatory action does not constitute the establishment of a standard that contains generally applicable requirements. ML16104A158 ML16194A365 ML17130A783 Enforcement Fairness Act of 1996, Public Law 104– 121, Title II, 110 Stat. 847 (1996). PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules Document ADAMS accession No./weblink Staff Requirements Memorandum September 7, 2017, for SECY–17–0026 ................... FY 2018 Proposed Rule Work Papers .............................................................................. FY 2018 Regulatory Flexibility Analysis ............................................................................ FY 2018 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide ............ U.S. Government Accountability Office (GAO) report titled ‘‘Nuclear Regulatory Commission: Regulatory Fee-Setting Calculations Need Greater Transparency’’ (GAO– 17–232), February 2, 2017. Regulatory Issue Summary 2015–19, ‘‘Decommissioning Timeliness Rule Implementation and Associated Regulatory Relief,’’ September 27, 2016. NUREG–1100, Volume 33, ‘‘Congressional Budget Justification: Fiscal Year 2018’’ (May 2017). NRC Form 526, Certification of Small Entity Status for the Purposes of Annual Fees Imposed under 10 CFR Part 171. SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ dated September 15, 2005 ............ OMB’s Circular A–25, ‘‘User Charges’’ ............................................................................. Fees Transformation Accomplishments ............................................................................ Throughout the development of this rule, the NRC may post documents related to this rule, including public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC–2017–0026. The Federal Rulemaking website allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder NRC–2017–0026; (2) click the ‘‘Sign up for Email Alerts’’ link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). List of Subjects 10 CFR Part 170 Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material. sradovich on DSK3GMQ082PROD with PROPOSALS 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, the NRC is proposing to adopt the following amendments to 10 CFR parts 170 and 171: VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 ML16008A242 ML17137A246 https://www.nrc.gov/reading-rm/doc-collections/forms/ nrc526.pdf ML052580332 https://www.whitehouse.gov/omb/circulars_default https://www.nrc.gov/about-nrc/regulatory/licensing/feestransformaton-accomplishments.html 1. The authority citation for part 170 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42 U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 901, 902, 9701; 44 U.S.C. 3504 note. 2. In § 170.3, add the definitions for Agency support (corporate support and the IG), Mission-direct program salaries and benefits, and Mission-indirect program support in alphabetical order and remove the definition of Overhead and general administrative costs. The additions read as follows: ■ Definitions. * Annual charges, Approvals, Byproduct material, Holders of certificates, Intergovernmental relations, Nonpayment penalties, Nuclear materials, Nuclear power plants and reactors, Registrations, Source material, Special nuclear material. ML17250A841 ML17348A377 ML17319A288 ML17319A291 https://www.gao.gov/products/GAO17-232 PART 170—FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED § 170.3 10 CFR Part 171 3421 * * * * Agency support (corporate support and the IG) means resources located in executive, administrative, and other support offices such as the Office of the Commission, the Office of the Secretary, the Office of the Executive Director for Operations, the Offices of Congressional and Public Affairs, the Office of the Inspector General, the Office of Administration, the Office of the Chief Financial Officer, the Office of the Chief Information Officer, the Office of the Chief Human Capital Officer and the Office of Small Business and Civil Rights. These resources administer the corporate or shared efforts that more broadly support the activities of the agency. These resources also include information technology services, human capital services, financial management, and administrative support. * * * * * Mission-direct program salaries and benefits means resources that are PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 allocated to perform core work activities committed to fulfilling the agency’s mission of protecting the public health and safety, promoting the common defense and security, and protecting the environment. These resources include the majority of the resources assigned under the direct business lines (Operating Reactors, New Reactors, Fuel Facilities, Nuclear Materials Users, Decommissioning and Low-Level Waste, and Spent Fuel Storage and Transportation). Mission-indirect program support means resources that support the core mission-direct activities. These resources include supervisory and nonsupervisory support and mission travel and training. Supervisory and nonsupervisory support and mission travel and training resources assigned under direct business line structure are considered mission-indirect due to their supporting role of the core mission activities. * * * * * ■ 3. In § 170.11, add paragraph (c) to read as follows: § 170.11 Exemptions. * * * * * (c) For purposes of § 170.11(a)(1), a request for a fee exemption must be submitted to the CFO within 90 days of the date of the NRC’s receipt of the work. ■ 4. Revise § 170.20 to read as follows: § 170.20 Average cost per professional staff-hour. Fees for permits, licenses, amendments, renewals, special projects, 10 CFR part 55 re-qualification and replacement examinations and tests, other required reviews, approvals, and inspections under §§ 170.21 and 170.31 will be calculated using the professional staff-hour rate of $270 per hour. E:\FR\FM\25JAP1.SGM 25JAP1 3422 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules § 170.21 Schedule of fees for production or utilization facilities, review of standard referenced design approvals, special projects, inspections, and import and export licenses. 5. In § 170.21, in the table, revise fee category K. to read as follows: ■ * * * * * SCHEDULE OF FACILITY FEES [See footnotes at end of table] Fees 1 2 Facility categories and type of fees * * * * * * K. Import and export licenses: Licenses for the import and export only of production or utilization facilities or the export only of components for production or utilization facilities issued under 10 CFR part 110. 1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b) ............................................................................................................................................................................ Application—new license, or amendment; or license exemption request. 2. Application for export of reactor and other components requiring Executive Branch review, for example, those actions under 10 CFR 110.41(a) ........................................................................................................................................... Application—new license, or amendment; or license exemption request. 3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances ......................................................................................................................................................................... Application—new license, or amendment; or license exemption request. 4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, or obtaining foreign government assurances .................................................................................................................... Application—new license, or amendment; or license exemption request. 5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms or conditions or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities ....................................... Minor amendment to license. * $18,900. 9,500. 4,600. 4,600. 2,700. 1 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under § 2.202 of this chapter 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 50.12, 10 CFR 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. 2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided. * * * * * * * 4 Imports only of major components for end-use at NRC-licensed reactors are authorized under NRC general import license in 10 CFR 110.27. * * * * * * * 6. In § 170.31, revise the table to read as follows: ■ § 170.31 Schedule of fees for materials licenses and other regulatory services, including inspections, and import and export licenses. * * * * * SCHEDULE OF MATERIALS FEES [See footnotes at end of table] sradovich on DSK3GMQ082PROD with PROPOSALS Category of materials licenses and type of fees 1 Fee 2 3 1. Special nuclear material 11: 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] ................................................ (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] ... (2) All other special nuclear materials licenses not included in Category 1.A. (1) which are licensed for fuel cycle activities. (a) Facilities with limited operations [Program Code(s): 21240, 21310, 21320] ..................................................................... (b) Gas centrifuge enrichment demonstration facilities [Program Code(s): 21205] ................................................................ (c) Others, including hot cell facilities [Program Code(s): 21130, 21133] .............................................................................. B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI) [Program Code(s): 23200]. C. Licenses for possession and use of special nuclear material of less than a critical mass as defined in § 70.4 in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers.4 Application [Program Code(s): 22140] .................................................................................................................................... VerDate Sep<11>2014 18:00 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 Full Cost. Full Cost. Full Full Full Full Cost. Cost. Cost. Cost. $1,200. 3423 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] sradovich on DSK3GMQ082PROD with PROPOSALS Category of materials licenses and type of fees 1 Fee 2 3 D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A.4 Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22170, 23100, 23300, 23310]. E. Licenses or certificates for construction and operation of a uranium enrichment facility [Program Code(s): 21200] .............. F. Licenses for possession and use of special nuclear material greater than critical mass as defined in § 70.4 of this chapter, for development and testing of commercial products, and other non-fuel-cycle activities.4 [ [Program Code(s): 22155]. 2. Source material 11: 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(s): 11400]. (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heapleaching, ore buying stations, ion-exchange facilities, and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. (a) Conventional and Heap Leach facilities [Program Code(s): 11100] .......................................................................... (b) Basic In Situ Recovery facilities [Program Code(s): 11500] ...................................................................................... (c) Expanded In Situ Recovery facilities [Program Code(s): 11510] ............................................................................... (d) In Situ Recovery Resin facilities [Program Code(s): 11550] ...................................................................................... (e) Resin Toll Milling facilities [Program Code(s): 11555] ............................................................................................... (f) Other facilities [Program Code(s): 11700] ................................................................................................................... (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s): 11600, 12000]. (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2) [Program Code(s): 12010]. (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from drinking water [Program Code(s): 11820]. B. Licenses which authorize the possession, use, and/or installation of source material for shielding.6 7 8 Application [Program Code(s): 11210] .................................................................................................................................... C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter. Application [Program Code(s): 11240] .................................................................................................................................... D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter. Application [Program Code(s): 11230, 11231] ........................................................................................................................ E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. Application [Program Code(s): 11710] .................................................................................................................................... F. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810] ....................................................................... 3. Byproduct material 11: A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. Application [Program Code(s): 03211, 03212, 03213] ............................................................................................................ (1). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. Application [Program Code(s): 03211, 03212, 03213] ..................................................................................................... (2). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. Application [Program Code(s): 03211, 03212, 03213] ..................................................................................................... B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. Application [Program Code(s): 03214, 03215, 22135, 22162] ................................................................................................ (1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. Application [Program Code(s): 03214, 03215, 22135, 22162] ........................................................................................ (2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. Application [Program Code(s): 03214, 03215, 22135, 22162] ........................................................................................ C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1–5. Application [Program Code(s): 02500, 02511, 02513] ............................................................................................................ VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 $2,500. Full Cost. Full Cost. Full Cost. Full Full Full Full Full Full Full Cost. Cost. Cost. Cost. Cost. Cost. Cost. Full Cost. Full Cost. $1,200. $2,200. $2,700. $2,600. $2,600. $12,600. $16,800. $21,000. $3,500. $4,600. $5,800. $5,100. 3424 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] sradovich on DSK3GMQ082PROD with PROPOSALS Category of materials licenses and type of fees 1 Fee 2 3 (1). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6–20. Application [Program Code(s): 02500, 02511, 02513] ..................................................................................................... (2). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20. Application [Program Code(s): 02500, 02511, 02513] ..................................................................................................... D. [Reserved] .................................................................................................................................................................................. E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units). Application [Program Code(s): 03510, 03520] ........................................................................................................................ F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03511] .................................................................................................................................... G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03521] .................................................................................................................................... H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03254, 03255, 03257] ............................................................................................................ I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03250, 03251, 03252, 03253, 03256] ................................................................................... J. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. Application [Program Code(s): 03240, 03241, 03243] ............................................................................................................ K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. Application [Program Code(s): 03242, 03244] ........................................................................................................................ L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 1–5. Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 04614, 04615, 04616, 04617, 04618, 04619, 04620, 04621, 04622, 04623]. (1) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 6–20. Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 04614, 04615, 04616, 04617, 04618, 04619, 04620, 04621, 04622, 04623]. (2) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: more than 20. Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 04614, 04615, 04616, 04617, 04618, 04619, 04620, 04621, 04622, 04623]. M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution. Application [Program Code(s): 03620] .................................................................................................................................... N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4.A., 4.B., and 4.C. Application [Program Code(s): 03219, 03225, 03226] ..................................................................................................... O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 1–5. Application [Program Code(s): 03310, 03320] ........................................................................................................................ (1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 6–20. Application [Program Code(s): 03310, 03320] ................................................................................................................. VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 $6,700. $8,400. N/A. $3,100. $6,300. $60,300. $6,500. $9,700. $1,900. $1,100. $5,300. $7,100. $8,800. $6,900. $7,100. $3,100. $4,100. 3425 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] Category of materials licenses and type of fees 1 4. 5. 6. sradovich on DSK3GMQ082PROD with PROPOSALS 7. Fee 2 3 (2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: more than 20. Application [Program Code(s): 03310, 03320] ................................................................................................................. P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9 Number of locations of use: 1–5. Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, 03221, 03222, 03800, 03810, 22130]. (1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9 Number of locations of use: 6–20. Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, 03221, 03222, 03800, 03810, 22130]. (2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9 Number of locations of use: more than 20. Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, 03221, 03222, 03800, 03810, 22130]. Q. Registration of a device(s) generally licensed under part 31 of this chapter. Registration ...................................................... R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section.5. 1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or equal to 10 times the number of items or limits specified. Application [Program Code(s): 02700]. ............................................................................................................................ 2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4), or (5). Application [Program Code(s): 02710] ............................................................................................................................. S. Licenses for production of accelerator-produced radionuclides. Application [Program Code(s): 03210] .................................................................................................................................... Waste disposal and processing 11: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material. Application [Program Code(s): 03231, 03233, 03236, 06100, 06101] ................................................................................... B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03234] .................................................................................................................................... C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03232] .................................................................................................................................... Well logging 11: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. Application [Program Code(s): 03110, 03111, 03112] ............................................................................................................ B. Licenses for possession and use of byproduct material for field flooding tracer studies. Licensing [Program Code(s): 03113] ....................................................................................................................................... Nuclear laundries 11: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. Application [Program Code(s): 03218] .................................................................................................................................... Medical licenses 11: A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 1–5. Application [Program Code(s): 02300, 02310] ........................................................................................................................ (1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 6–20. Application [Program Code(s): 02300, 02310] ................................................................................................................. (2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: more than 20. Application [Program Code(s): 02300, 02310] ................................................................................................................. B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.10 Number of locations of use: 1–5. Application [Program Code(s): 02110] .................................................................................................................................... VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 $5,100. $3,300. $4,500. $5,600. $700. $2,500. $2,400. $13,800. Full Cost. $6,700. $4,900. $4,500. Full Cost. $21,500. $10,800. $14,400. $17,900. $8,400. 3426 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] sradovich on DSK3GMQ082PROD with PROPOSALS Category of materials licenses and type of fees 1 Fee 2 3 (1). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.10 Number of locations of use: 6–20. Application [Program Code(s): 02110] ............................................................................................................................. (2). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. 10 Number of locations of use: more than 20. Application [Program Code(s): 02110] ............................................................................................................................. C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ...................... 8. Civil defense 11: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities. Application [Program Code(s): 03710] .................................................................................................................................... 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution. Application—each device ........................................................................................................................................................ B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. Application—each device ........................................................................................................................................................ C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution. Application—each source ........................................................................................................................................................ D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Application—each source ........................................................................................................................................................ 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages .............................................................................................. 2. Other Casks ......................................................................................................................................................................... B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators. Application ........................................................................................................................................................................ Inspections ........................................................................................................................................................................ 2. Users. Application ........................................................................................................................................................................ Inspections ........................................................................................................................................................................ C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices). 11. Review of standardized spent fuel facilities .................................................................................................................................... 12. Special projects: Including approvals, pre-application/licensing activities, and inspections. Application [Program Code: 25110] ................................................................................................................................................ 13. A. Spent fuel storage cask Certificate of Compliance ..................................................................................................................... B. Inspections related to storage of spent fuel under § 72.210 of this chapter ............................................................................. 14. Decommissioning/Reclamation 11: A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21240, 21325, 22200]. B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, regardless of whether or not the sites have been previously licensed. 15. Import and Export licenses: Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 15.E.). A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request .............................................................................. B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection Agency, etc.). Application—new license, or amendment; or license exemption request .............................................................................. C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances. VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 $11,200. $14,000. $5,400. $2,500. $5,300. $8,800. $5,100. $1,030. Full Cost. Full Cost. $4,100. Full Cost. $4,100. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. $18,900. $9,500. 3427 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] Category of materials licenses and type of fees 1 Fee 2 3 sradovich on DSK3GMQ082PROD with PROPOSALS Application—new license, or amendment; or license exemption request .............................................................................. D. Application for export or import of nuclear material not requiring Commission or Executive Branch review, or obtaining foreign government assurances. Application—new license, or amendment; or license exemption request .............................................................................. E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign government authorities. Minor amendment ............................................................................................................................................................. Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of radioactive material listed in appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.). Category 1 (Appendix P, 10 CFR Part 110) Exports: F. Application for export of appendix P Category 1 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)) and to obtain one government-to-government consent for this process. For additional consent see fee category 15.I. Application—new license, or amendment; or license exemption request .............................................................................. 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 fee category 15.I. Application—new license, or amendment; or license exemption request .............................................................................. H. Application for export of appendix P Category 1 materials and to obtain one government-to-government consent for this process. For additional consents see fee category 15.I. Application—new license, or amendment; or license exemption request .............................................................................. I. Requests for each additional government-to-government consent in support of an export license application or active export license. Application—new license, or amendment; or license exemption request .............................................................................. Category 2 (Appendix P, 10 CFR Part 110) Exports: J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)). Application—new license, or amendment; or license exemption request .............................................................................. K. Applications for export of appendix P Category 2 materials requiring Executive Branch review. Application—new license, or amendment; or license exemption request .............................................................................. L. Application for the export of Category 2 materials. Application—new license, or amendment; or license exemption request .............................................................................. M. [Reserved] .................................................................................................................................................................................. N. [Reserved] .................................................................................................................................................................................. O. [Reserved] .................................................................................................................................................................................. P. [Reserved] .................................................................................................................................................................................. Q. [Reserved] .................................................................................................................................................................................. Minor Amendments (Category 1 and 2, Appendix P, 10 CFR Part 110, Export): R. Minor amendment of any active export license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign authorities. Minor amendment. 16. Reciprocity: Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20. Application ....................................................................................................................................................................................... 17. Master materials licenses of broad scope issued to Government agencies. Application [Program Code(s): 03614]. .......................................................................................................................................... 18. Department of Energy. A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers (including spent fuel, high-level waste, and other casks, and plutonium air packages). B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ............................................................................................ $4,600. $4,600. $2,700. $14,900. $8,100. $4,100. $300. $14,900. $8,100. $3,200. N/A. N/A. N/A. N/A. N/A. $1,400. $1,800. Full Cost. Full Cost. Full Cost. 1Types of fees—Separate charges, as shown in the schedule, will be assessed for pre-application 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 charges: (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. (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, pre-application 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 § 170.12(b). (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 § 170.12(c). VerDate Sep<11>2014 18:00 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 3428 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules (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 9.D. 3 Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in § 170.20 in effect when the service is provided, and the appropriate contractual support services expended. 4 Licensees paying fees under categories 1.A., 1.B., and 1.E. are not subject to fees under categories 1.C., 1.D. and 1.F. for sealed sources authorized in the same license, except for an application that deals only with the sealed sources authorized by the license. 5 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.) 6 Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or 2.A. must pay the largest applicable fee and are not subject to additional fees listed in this table. 7 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 8 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 9 Licensees paying fees under 3.N. are not subject to paying fees under 3.P. for calibration or leak testing services authorized on the same license. 10 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license. 11 A materials license (or part of a materials license) that transitions to fee category 14.A is assessed full-cost fees under 10 CFR part 170, but is not assessed an annual fee under 10 CFR part 171. If only part of a materials license is transitioned to fee category 14.A, the licensee may be charged annual fees (and any applicable 10 CFR part 170 fees) for other activities authorized under the license that are not in decommissioning status. PART 171—ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE NRC 7. The authority citation for part 171 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 44 U.S.C. 3504 note. 8. In § 171.3, revise the last sentence to read as follows: ■ § 171.3 Scope. * * * Notwithstanding the other provisions in this section, the regulations in this part do not apply to uranium recovery and fuel facility licensees until after the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license. § 171.5 [Amended] 9. In § 171.5, remove the definition of Overhead and general and administrative costs. ■ 10. In § 171.15, revise paragraphs (b)(1), (b)(2) introductory text, (c)(1), (c)(2) introductory text, (d)(1) introductory text, (d)(2) and (3), and (f) to read as follows: sradovich on DSK3GMQ082PROD with PROPOSALS ■ § 171.15 Annual fees: Reactor licenses and independent spent fuel storage licenses. * * * VerDate Sep<11>2014 * * 16:54 Jan 24, 2018 Jkt 244001 (b)(1) The FY 2018 annual fee for each operating power reactor that must be collected by September 30, 2018, is $4,559,000. (2) The FY 2018 annual fees are comprised of a base annual fee for power reactors licensed to operate, a base spent fuel storage/reactor decommissioning annual fee, and associated additional charges (fee-relief adjustment). The activities comprising the spent fuel storage/reactor decommissioning base annual fee are shown in paragraphs (c)(2)(i) and (ii) of this section. The activities comprising the FY 2018 fee-relief adjustment are shown in paragraph (d)(1) of this section. The activities comprising the FY 2018 base annual fee for operating power reactors are as follows: * * * * * (c)(1) The FY 2018 annual fee for each power reactor holding a 10 CFR part 50 license that is in a decommissioning or possession-only status and has spent fuel onsite, and for each independent spent fuel storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 license, is $225,000. (2) The FY 2018 annual fee is comprised of a base spent fuel storage/ reactor decommissioning annual fee (which is also included in the operating power reactor annual fee shown in paragraph (b) of this section) and a feerelief adjustment. The activities comprising the FY 2018 fee-relief adjustment are shown in paragraph (d)(1) of this section. The activities comprising the FY 2018 spent fuel storage/reactor decommissioning rebaselined annual fee are: * * * * * PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 (d)(1) The fee-relief adjustment allocated to annual fees includes a surcharge for the activities listed in paragraph (d)(1)(i) of this section, plus the amount remaining after total budgeted resources for the activities included in paragraphs (d)(1)(ii) and (iii) of this section are reduced by the appropriations the NRC receives for these types of activities. If the NRC’s appropriations for these types of activities are greater than the budgeted resources for the activities included in paragraphs (d)(1)(ii) and (iii) of this section for a given fiscal year, annual fees will be reduced. The activities comprising the FY 2018 fee-relief adjustment are as follows: * * * * * (2) The total FY 2018 fee-relief adjustment allocated to the operating power reactor class of licenses is a $5,761,255 fee-relief surcharge, not including the amount allocated to the spent fuel storage/reactor decommissioning class. The FY 2018 operating power reactor fee-relief adjustment to be assessed to each operating power reactor is approximately a $58,195 fee-relief surcharge. This amount is calculated by dividing the total operating power reactor fee-relief surplus adjustment, $5,761,255, by the number of operating power reactors (99). (3) The FY 2018 fee-relief adjustment allocated to the spent fuel storage/ reactor decommissioning class of licenses is a $225,000 fee-relief surcharge. The FY 2018 spent fuel storage/reactor decommissioning fee relief adjustment to be assessed to each operating power reactor, each power reactor in decommissioning or E:\FR\FM\25JAP1.SGM 25JAP1 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules possession-only status that has spent fuel onsite, and to each independent spent fuel storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 license, is a $1,844 fee-relief assessment. This amount is calculated by dividing the total fee-relief adjustment costs allocated to this class by the total number of power reactors licenses, except those that permanently ceased operations and have no fuel onsite, and 10 CFR part 72 licensees who do not hold a 10 CFR part 50 license. * * * * * (f) The FY 2018 annual fees for licensees authorized to operate a research or test (non-power) reactor licensed under 10 CFR part 50, unless 3429 uranium recovery and fuel facility licensees until after the Commission verifies through inspection that the Research reactor ............................ $81,300 facility has been constructed in Test reactor .................................... 81,300 accordance with the requirements of the license. ■ 11. In § 171.16, revise paragraphs * * * * * (a)(2), (d), and (e) introductory text to (d) The FY 2018 annual fees are read as follows: comprised of a base annual fee and an § 171.16 Annual fees: Materials licensees, allocation for fee-relief adjustment. The holders of certificates of compliance, activities comprising the FY 2018 feeholders of sealed source and device relief adjustment are shown for registrations, holders of quality assurance convenience in paragraph (e) of this program approvals, and government section. The FY 2018 annual fees for agencies licensed by the NRC. materials licensees and holders of (a) * * * certificates, registrations, or approvals (2) Notwithstanding the other provisions in this section, the subject to fees under this section are regulations in this part do not apply to shown in the following table: the reactor is exempted from fees under § 171.11(a), are as follows: SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC [See footnotes at end of table] Annual fees 1 2 3 sradovich on DSK3GMQ082PROD with PROPOSALS Category of materials licenses 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): 21130] .............................................. (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] (2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities. (a) Facilities with limited operations [Program Code(s): 21310, 21320] .............................................................................. (b) Gas centrifuge enrichment demonstration facilities ........................................................................................................ (c) Others, including hot cell facilities ................................................................................................................................... B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI) [Program Code(s): 23200] ............................................................................. C. Licenses for possession and use of special nuclear material of less than a critical mass, as defined in § 70.4 of this chapter, in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers. [Program Code(s): 22140] ............................................................................................................................................. D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A. [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22170, 23100, 23300, 23310] ...................................................................................................................................... E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] ................................. F. Licenses for possession and use of special nuclear materials greater than critical mass, as defined in § 70.4 of this chapter, for development and testing of commercial products, and other non-fuel cycle activities.4 [Program Code: 22155] 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] ............... (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heapleaching, ore buying stations, ion-exchange facilities and in-processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. (a) Conventional and Heap Leach facilities [Program Code(s): 11100] ........................................................................ (b) Basic In Situ Recovery facilities [Program Code(s): 11500] .................................................................................... (c) Expanded In Situ Recovery facilities [Program Code(s): 11510] ............................................................................. (d) In Situ Recovery Resin facilities [Program Code(s): 11550] ................................................................................... (e) Resin Toll Milling facilities [Program Code(s): 11555] ............................................................................................. (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s): 11600, 12000] ......................................................................................................... (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2) [Program Code(s): 12010] ................................................................................................................................................................................ (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from drinking water [Program Code(s): 11820] ................................................................................................................. B. Licenses that authorize possession, use, and/or installation of source material for shielding.15 16 17 20 [Program Code: 11210] ....................................................................................................................................................................................... C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter. [Program Code: 11240] ....................................................................................................................................... D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter [Program Code(s): 11230 and 11231] ..................................................................................................................................................................... VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 $7,726,000 2,799,000 N/A N/A N/A 11 N/A 3,000 8,400 3,695,000 6,400 1,596,000 38,800 49,200 55,600 5 N/A 5 N/A 5 N/A 22,000 6,500 3,300 5,500 6,400 3430 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table] Annual fees 1 2 3 sradovich on DSK3GMQ082PROD with PROPOSALS Category of materials licenses E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. [Program Code: 11710] ...................................................................................... F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810] ................................... 3. Byproduct material: A. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. [Program Code(s): 03211, 03212, 03213] ................................................................................................................ (1). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. [Program Code(s): 03211, 03212, 03213] ............................................................................... (2). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: More than 20. [Program Code(s): 03211, 03212, 03213] ................................................................. B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. [Program Code(s): 03214, 03215, 22135, 22162] .................................................................................................................................... (1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. [Program Code(s): 03214, 03215, 22135, 22162] ............................................................................................................ (2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: More than 20. [Program Code(s): 03214, 03215, 22135, 22162] .............................................................................................. C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1–5. [Program Code(s): 02500, 02511, 02513] ....... (1). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6–20. [Program Code(s): 02500, 02511, 02513] ........................................................................................................................................................ (2). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: More than 20. [Program Code(s): 02500, 02511, 02513] ......................................................................................................................................... D. [Reserved] ................................................................................................................................................................................ E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520] .......................................................... F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03511] ....................................................................................................................................................................................... G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03521] ................... H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03254, 03255, 03257] ............................................................................ I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03250, 03251, 03252, 03253, 03256] ........................................................................................................................................................................... J. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter [Program Code(s): 03240, 03241, 03243] ........................................................................................................ K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter [Program Code(s): 03242, 03244] ................................................. L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 1–5. [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ............................................................................................... (1) Licenses of broad scope for possession and use of product material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 6–20. [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] .............................................................................. VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 7,800 10,300 32,800 43,200 53,800 12,700 16,400 20,300 12,900 16,600 20,500 5 N/A 10,500 11,700 96,700 11,800 16,500 4,400 3,200 16,000 20,900 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3431 SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table] Annual fees 1 2 3 Category of materials licenses 4. 5. 6. sradovich on DSK3GMQ082PROD with PROPOSALS 7. (2) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: More than 20. [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .................................................................. M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution [Program Code(s): 03620] .............................................................. N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C.20 [Program Code(s): 03219, 03225, 03226] .... O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license Number of locations of use: 1–5. [Program Code(s): 03310, 03320] .... (1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: 6–20. [Program Code(s): 03310, 03320] ..................................................................................................................................................... (2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: More than 20. [Program Code(s): 03310, 03320] ........................................................................................................................................... P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 20 Number of locations of use: 1–5. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 03221, 03222, 03800, 03810, 22130] ............................................................................................................................................................... (1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 20 Number of locations of use: 6–20. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 03221, 03222, 03800, 03810, 22130] ............................................................................................................................... (2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 20 Number of locations of use: more than 20. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 03221, 03222, 03800, 03810, 22130] ................................................................................................................... Q. Registration of devices generally licensed under part 31 of this chapter ............................................................................... R. Possession of items or products containing radium–226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section: 14 (1). Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or equal to 10 times the number of items or limits specified [Program Code(s): 02700] ..................................................... (2). Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4) or (5) [Program Code(s): 02710] ................................................................................................................................................. S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................... Waste disposal and processing: A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material [Program Code(s): 03231, 03233, 03235, 03236, 06100, 06101] ................................................................................................................................................... B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material [Program Code(s): 03234] ................................ C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material [Program Code(s): 03232] ................................................................................................. Well logging: A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies [Program Code(s): 03110, 03111, 03112] ............. B. Licenses for possession and use of byproduct material for field flooding tracer studies. [Program Code(s): 03113] ........... Nuclear laundries: A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material [Program Code(s): 03218] ....................................................................................................................... Medical licenses: A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: 1–5. [Program Code(s): 02300, 02310] ................................. (1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: 6–20. [Program Code(s): 02300, 02310] VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 25,700 14,800 19,200 25,700 34,300 42,600 9,000 12,000 15,000 13 N/A 7,400 7,700 31,700 5 N/A 20,400 12,000 15,600 5 N/A 38,900 21,700 31,800 3432 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table] Annual fees 1 2 3 sradovich on DSK3GMQ082PROD with PROPOSALS Category of materials licenses (2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: More than 20. [Program Code(s): 02300, 02310] .................................................................................................................................................................... B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 1–5. [Program Code(s): 02110] .................................................................................................. (1). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 6–20. [Program Code(s): 02110] ............................................. (2). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: more than 20. [Program Code(s): 02110] ............................... C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 19 [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ................................................................................................................................................... 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities [Program Code(s): 03710] ............................................................................................................................................. 9. Device, product, or sealed source safety evaluation: A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution .................................................................. B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices ....................................................................................................................................................... C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution ..................................................................................... D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel .................................................................................................................................................................... 10. Transportation of radioactive material: A. Certificates of Compliance or other package approvals issued for design of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ........................................................................................... 2. Other Casks ...................................................................................................................................................................... B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators ....................................................................................................................................................... 2. Users ................................................................................................................................................................................. C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices) ..................................................................................................................................................................................... 11. Standardized spent fuel facilities ................................................................................................................................................... 12. Special Projects [Program Code(s): 25110] .................................................................................................................................. 13. A. Spent fuel storage cask Certificate of Compliance .................................................................................................................. B. General licenses for storage of spent fuel under 10 CFR 72.210 .......................................................................................... 14. Decommissioning/Reclamation: A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21240, 21325, 22200] ....................................................................... B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, whether or not the sites have been previously licensed .......................................................................................................................................................... 15. Import and Export licenses ............................................................................................................................................................ 16. Reciprocity ..................................................................................................................................................................................... 17. Master materials licenses of broad scope issued to Government agencies [Program Code(s): 03614] ..................................... 18. Department of Energy: A. Certificates of Compliance ....................................................................................................................................................... VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 35,900 32,700 43,100 53,300 14,500 7,400 7,800 12,900 7,500 1,500 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 12 N/A 7 21 0 7 N/A 8 N/A 8 N/A 334,000 10 1,405,000 3433 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table] Annual fees 1 2 3 Category of materials licenses B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities .......................................................................................... 188,000 1 Annual sradovich on DSK3GMQ082PROD with PROPOSALS 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 of the current FY, 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, 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 § 171.13 and will be published in the Federal Register for notice and comment. 4 Other facilities include licenses for extraction of metals, heavy metals, and rare earths. 5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider establishing an annual fee for this type of license. 6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses under fee categories 7.A, 7.B. or 7.C. 10 This includes Certificates of Compliance issued to the U.S. Department of Energy that are not funded from the Nuclear Waste Fund. 11 See § 171.15(c). 12 See § 171.15(c). 13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees. 14 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.) 15 Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A., and licensees paying fees under fee category 17 must pay the largest applicable fee and are not subject to additional fees listed in this table. 16 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 17 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 18 Licensees paying fees under 3.N. are not subject to paying fees under 3.P. for calibration or leak testing services authorized on the same license. 19 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope license licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license. 20 Licensees are exempt from paying annual fees under this fee category when they are licensed under multiple fee categories. 21 No annual fee is charged for a materials license (or part of a materials license) that has transitioned to this fee category because the decommissioning costs will be recovered through 10 CFR part 170 fees, but annual fees may be charged for other activities authorized under the license that are not in decommissioning status. (e) The fee-relief adjustment allocated to annual fees includes the budgeted resources for the activities listed in paragraph (e)(1) of this section, plus the total budgeted resources for the activities included in paragraphs (e)(2) and (3) of this section, as reduced by the appropriations the NRC receives for these types of activities. If the NRC’s appropriations for these types of activities are greater than the budgeted resources for the activities included in paragraphs (e)(2) and (3) of this section for a given fiscal year, a negative feerelief adjustment (or annual fee reduction) will be allocated to annual fees. The activities comprising the FY 2018 fee-relief adjustment are as follows: * * * * * ■ 12. In § 171.17, revise paragraph (a) introductory text to read as follows: § 171.17 Proration. DEPARTMENT OF ENERGY * * * * * (a) Reactors, 10 CFR part 72 licensees who do not hold 10 CFR part 50 licenses, and materials licenses with annual fees of $100,000 or greater for a single fee category. The NRC will base the proration of annual fees for terminated and downgraded licensees on the fee rule in effect at the time the action is official. The NRC will base the determinations on the proration requirements under paragraphs (a)(2) and (3) of this section. * * * * * Dated at Rockville, Maryland, this 10th day of January 2018. For the Nuclear Regulatory Commission. Maureen E. Wylie, Chief Financial Officer. [FR Doc. 2018–01065 Filed 1–24–18; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 16:54 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 Federal Energy Regulatory Commission 18 CFR Part 40 [Docket No. RM17–13–000] Supply Chain Risk Management Reliability Standards Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice of proposed rulemaking. AGENCY: The Federal Energy Regulatory Commission (Commission) proposes to approve supply chain risk management Reliability Standards CIP– 013–1 (Cyber Security—Supply Chain Risk Management), CIP–005–6 (Cyber Security—Electronic Security Perimeter(s)) and CIP–010–3 (Cyber Security—Configuration Change Management and Vulnerability SUMMARY: E:\FR\FM\25JAP1.SGM 25JAP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Proposed Rules]
[Pages 3407-3433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01065]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / 
Proposed Rules

[[Page 3407]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2017-0026]
RIN 3150-AJ95


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2018

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend the licensing, inspection, special project, and annual fees 
charged to its applicants and licensees. These proposed amendments are 
necessary to implement the Omnibus Budget Reconciliation Act of 1990, 
as amended (OBRA-90), which requires the NRC to recover approximately 
90 percent of its annual budget through fees; amounts appropriated for 
Waste Incidental to Reprocessing (WIR), generic homeland security 
activities, and Inspector General (IG) services for the Defense Nuclear 
Facilities Safety Board, as well as any amounts appropriated from the 
Nuclear Waste Fund, are excluded from this fee-recovery requirement. 
The NRC is issuing the fiscal year (FY) 2018 proposed fee rule based on 
the FY 2018 budget request since full-year appropriations have not yet 
been enacted for FY 2018. The NRC is using $967.0 million for the total 
budget authority in the proposed fee rule because it has included an 
adjustment to account for funding of $15.0 million for the Integrated 
University Program, which was not included in the budget request, but 
has historically been included by Congress in the final appropriations 
bill. Based on that total budget authority, the NRC is proposing to 
collect $826.7 million in fees in FY 2018. If the NRC receives an 
appropriation providing a different total budget authority, the final 
fee rule will reflect the final appropriation.

DATES: Submit comments by February 26, 2018. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
before this date. Because OBRA-90 requires the NRC to collect the FY 
2018 fees by September 30, 2018, the NRC will not grant any requests 
for an extension of the comment period.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0026. 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 proposed rule.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

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:

Table of Contents

I. Obtaining Information and Submitting Comments
II. Background; Statutory Authority
III. Discussion
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act Public Protection Notification
X. Voluntary Consensus Standards
XI. Availability of Guidance
XII. Public Meeting
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0026 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0026.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://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 or 301-415-4737, or by email to [email protected]. 
The ADAMS accession number for each document referenced in this 
document (if that document is available in ADAMS) is provided the first 
time that a document is referenced. For the convenience of the reader, 
the ADAMS accession numbers are also provided in a table in the 
``Availability of Documents'' section of this document.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2017-0026 in the subject line of your 
comment submission in order to ensure that the NRC is able to make your 
comment submission publicly available in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission.

[[Page 3408]]

The NRC posts all comment submissions at https://www.regulations.gov as 
well as entering the comment submissions into ADAMS. The NRC does not 
routinely edit comment submissions to remove identifying or contact 
information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submissions. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background; Statutory Authority

    The NRC's fee regulations are primarily governed by two laws: (1) 
The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C. 
9701), and (2) OBRA-90 (42 U.S.C. 2214). The IOAA generally authorizes 
and encourages Federal regulatory agencies to recover--to the fullest 
extent possible--costs attributable to services provided to 
identifiable recipients. The OBRA-90 requires the NRC to recover 
approximately 90 percent of its budget authority for the fiscal year 
through fees; amounts appropriated for WIR, generic homeland security 
activities, and IG services for the Defense Nuclear Facilities Safety 
Board, as well as any amounts appropriated from the Nuclear Waste Fund, 
are excluded from this fee-recovery requirement. The OBRA-90 first 
requires the NRC to use its IOAA authority to collect service fees for 
NRC work that provides specific benefits to identifiable applicants and 
licensees (such as licensing work, inspections, and special projects). 
The regulations at part 170 of title 10 of the Code of Federal 
Regulations (10 CFR) authorize these fees. But, because the NRC's fee 
recovery under the IOAA (10 CFR part 170) does not equal 90 percent of 
the NRC's budget authority for the fiscal year, the NRC also assesses 
``annual fees'' under 10 CFR part 171 to recover the remaining amount 
necessary to meet OBRA-90's fee-recovery requirement. These annual fees 
recover costs that are not otherwise collected through 10 CFR part 170.

III. Discussion

FY 2018 Fee Collection--Overview

    The NRC is issuing the FY 2018 proposed fee rule based on the FY 
2018 budget request as further described in the NRC's FY 2018 
Congressional Budget Justification (CBJ) (NUREG-1100, Volume 33, ADAMS 
Accession No. ML17137A246), as adjusted, because full-year 
appropriations have not yet been enacted for FY 2018. The total budget 
requested for the NRC in FY 2018 is $952.0 million. The amount used for 
total budget authority in the proposed fee rule ($967.0 million) 
includes an adjustment for an additional $15.0 million for the NRC's 
Integrated University Program, which was not included in the budget 
request, but has historically been included by Congress in the final 
appropriations bill. The total budget authority used in the proposed 
fee rule represents an increase of $49.9 million from FY 2017 of which 
$30.0 million is from the Nuclear Waste Fund. As explained previously, 
certain portions of the NRC's total budget are excluded from OBRA-90's 
fee-recovery requirement. Based on the FY 2018 budget request, these 
exclusions total to $47.6 million, consisting of $30.0 million from the 
Nuclear Waste Fund, $1.3 million for WIR activities, $1.1 million for 
IG services for the Defense Nuclear Facilities Safety Board, and $15.2 
million for generic homeland security activities. Additionally, OBRA-90 
requires the NRC to recover only approximately 90 percent of the 
remaining budget authority for the fiscal year--10 percent of the 
remaining budget authority is not recovered through fees. The NRC 
refers to the activities included in this 10-percent as ``fee-relief'' 
activities. After accounting for the fee-recovery exclusions, the fee-
relief activities, and net billing adjustments (i.e., the sum of unpaid 
current year invoices (estimated) minus payments for prior year 
invoices), the NRC must bill approximately $826.7 million in fees in FY 
2018. Of this amount, the NRC estimates that $289.4 million will be 
recovered through 10 CFR part 170 service fees; that leaves 
approximately $537.3 million to be recovered through 10 CFR part 171 
annual fees. Table I summarizes the fee-recovery amounts for the FY 
2018 proposed fee rule using the adjusted CBJ amounts, and taking into 
account excluded activities, fee-relief activities, and net billing 
adjustments. For all information presented in the following tables, 
individual values may not sum to totals due to rounding. Please see the 
work papers (ADAMS Accession No. ML17348A377) for actual amounts.
    The FY 2018 proposed fee rule is based on the FY 2018 budget 
request, as adjusted. In accordance with OBRA-90, the final fee rule 
will be based on the NRC's actual appropriation rather than the budget 
request, and so the NRC will update the final fee schedule as 
appropriate. If the NRC receives a year-long continuing resolution, 
then the final fee schedule may look similar to the FY 2017 final fee 
rule.

                                    Table I--Budget and Fee Recovery Amounts
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                  FY 2017 final      FY 2018        Percentage
                                                                      rule        proposed rule       change
----------------------------------------------------------------------------------------------------------------
Total Budget Authority.........................................          $917.1           $967.0             5.4
Less Excluded Fee Items........................................           -23.1            -47.6           106.0
                                                                ------------------------------------------------
    Balance....................................................           894.0            919.4             2.8
Fee Recovery Percent...........................................              90               90             0.0
                                                                ------------------------------------------------
Total Amount to be Recovered:..................................           804.6            827.5             2.8
10 CFR part 171 Billing Adjustments:
    Unpaid Current Year Invoices (estimated)...................             6.2              6.5             4.6
    Less Prior Year Billing Credit for Transportation Fee Class             0.0              0.0             0.0
    Less Payments Received in Current Year for Previous Year               -4.9             -7.3            32.8
     Invoices (estimated)......................................
                                                                ------------------------------------------------
        Subtotal...............................................             1.3             -0.8          -161.5
Amount to be Recovered through 10 CFR parts 170 and 171 Fees...           805.9            826.7             2.5
    Less Estimated 10 CFR part 170 Fees........................          -297.3           -289.4            -2.7
                                                                ------------------------------------------------

[[Page 3409]]

 
        10 CFR part 171 Fee Collections Required...............           508.6            537.3             5.6
----------------------------------------------------------------------------------------------------------------

FY 2018 Fee Collection--Professional Hourly Rate

    The NRC uses a professional hourly rate to assess fees for specific 
services provided by the NRC under 10 CFR part 170. The professional 
hourly rate also helps determine flat fees (which are used for the 
review of certain types of license applications). This rate would be 
applicable to all activities for which fees are assessed under 
Sec. Sec.  170.21 and 170.31.
    The NRC's professional hourly rate is derived by adding budgeted 
resources for: (1) Mission-direct program salaries and benefits; (2) 
mission-indirect program support; and (3) agency support (corporate 
support and the IG), and then subtracting certain offsetting receipts, 
and then dividing this total by the mission-direct full-time 
equivalents (FTE) converted to hours. The NRC is proposing to add the 
definitions for ``mission-direct program salaries and benefits,'' 
``mission-indirect program support,'' and ``agency support (corporate 
support and the IG)'' to 10 CFR 170.3, ``Definitions.'' The mission-
direct FTE converted to hours is the product of the mission-direct FTE 
multiplied by the estimated annual mission-direct FTE productive hours. 
The only budgeted resources excluded from the professional hourly rate 
are those for mission-direct contract resources, which are generally 
billed to licensees separately. The following shows the professional 
hourly rate calculation:
[GRAPHIC] [TIFF OMITTED] TP25JA18.000

    For FY 2018, the NRC is proposing to increase the professional 
hourly rate from $263 to $270. The 2.6 percent increase in the FY 2018 
professional hourly rate is due to the decline in the number of 
mission-direct FTE compared to FY 2017, primarily due to reduced 
Fukushima-related work and combined license review work, offset by the 
small increase in annual mission-direct FTE productive hours. For 
additional information about the decline in the number of mission-
direct FTE, see the Operating Power Reactors section of this rule. The 
FY 2018 estimated annual mission-direct FTE productive hours is 1,510 
hours, up from 1,500 hours in FY 2017. This estimate, also referred to 
as the productive hours assumption, reflects the average number of 
hours that a mission-direct employee spends on mission-direct work in a 
given year. This excludes hours charged to annual leave, sick leave, 
holidays, training and general administration tasks. Table II shows the 
professional hourly rate calculation methodology. The FY 2017 amounts 
are provided for comparison purposes.
---------------------------------------------------------------------------

    \1\ Does not include mission-direct contract resources.
    \2\ The fees collected by the NRC for Freedom of Information Act 
(FOIA) services and indemnity (financial protection required of 
licensees for public liability claims at 10 CFR part 140) are 
subtracted from the budgeted resources amount when calculating the 
10 CFR part 170 professional hourly rate, per the guidance in Office 
of Management and Budget (OMB) Circular A-25, User Charges. The 
budgeted resources for FOIA activities are allocated under the 
product for Information Services within the Corporate Support 
business line. The indemnity activities are allocated under the 
Licensing Actions and the Research & Test Reactors products within 
the Operating Reactors business line.

                                 Table II--Professional Hourly Rate Calculation
                                     [Dollars in millions, except as noted]
----------------------------------------------------------------------------------------------------------------
                                                                  FY 2017 final      FY 2018        Percentage
                                                                      rule        proposed rule       change
----------------------------------------------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits.....................          $340.6           $341.2             0.2
Mission-Indirect Program Support...............................           137.3            136.1            -0.9
Agency Support (Corporate Support and the IG)..................           309.6            313.1             1.1
                                                                ------------------------------------------------
    Subtotal...................................................           787.5            790.3             0.4
Less Offsetting Receipts \2\...................................            -0.1              0.0             0.0
                                                                ------------------------------------------------
    Total Budgeted Resources Included in Professional Hourly              787.4            790.3             0.4
     Rate......................................................
Mission-Direct FTE (Whole numbers).............................           1,996            1,938            -3.0
Annual Mission-Direct FTE Productive Hours (Whole numbers).....           1,500            1,510             0.7
Mission-Direct FTE Converted to Hours (Mission-Direct FTE                   3.0              2.9            -3.4
 multiplied by Annual Mission-Direct FTE Productive Hours) (In
 Millions).....................................................
Professional Hourly Rate (Total Budgeted Resources Included in              263              270             2.6
 Professional Hourly Rate Divided by Mission-Direct FTE
 Converted to Hours) (Whole Numbers)...........................
----------------------------------------------------------------------------------------------------------------


[[Page 3410]]

FY 2018 Fee Collection--Flat Application Fee Changes

    The NRC proposes to amend the flat application fees that it charges 
to applicants for import and export licenses, applicants for materials 
licenses and other regulatory services, and holders of materials, 
import, and export licenses in its schedule of fees in Sec. Sec.  
170.21 and 170.31 to reflect the revised professional hourly rate of 
$270. The NRC calculates these flat fees by multiplying the average 
professional staff hours needed to process the licensing actions by the 
proposed professional hourly rate for FY 2018. The NRC analyzes the 
actual hours spent performing licensing actions and then estimates the 
average professional staff hours that are needed to process licensing 
actions as part of its biennial review of fees, which is required by 
Section 205(a) of the Chief Financial Officers Act of 1990 (31 U.S.C. 
902(a)(8)). The NRC performed this review in FY 2017 and will perform 
this review again in FY 2019. The higher professional hourly rate of 
$270 is the primary reason for the increase in application fees. Please 
see the work papers for more detail.
    The NRC rounds these flat fees in such a way that ensures both 
convenience for its stakeholders and that any rounding effects are 
minimal. Accordingly, fees under $1,000 are rounded to the nearest $10, 
fees between $1,000 and $100,000 are rounded to the nearest $100, and 
fees greater than $100,000 are rounded to the nearest $1,000.
    The proposed licensing flat fees are applicable for import and 
export licensing actions (see fee categories K.1. through K.5. of Sec.  
170.21), as well as certain materials licensing actions (see fee 
categories 1.C. through 1.D., 2.B. through 2.F., 3.A. through 3.S., 
4.B. through 5.A., 6.A. through 9.D., 10.B., 15.A. through 15.L., 
15.R., and 16 of Sec.  170.31). Applications filed on or after the 
effective date of the FY 2018 final fee rule will be subject to the 
revised fees in the final rule.

FY 2018 Fee Collection--Fee-Relief and Low-Level Waste (LLW) Surcharge

    As previously noted, OBRA-90 requires the NRC to recover only 
approximately 90 percent of its annual budget authority for the fiscal 
year. The NRC applies the remaining 10 percent that is not recovered to 
offset certain budgeted activities--see Table III for a full listing of 
these ``fee-relief'' activities. If the amount budgeted for these fee-
relief activities is greater or less than 10 percent of the NRC's 
annual budget authority (less the fee-recovery exclusions), then the 
NRC applies a fee adjustment (either an increase or decrease) to all 
licensees' annual fees, based on their percentage share of the NRC's 
budget.
    In FY 2018, the amount budgeted for fee-relief activities is 
projected to be higher than the 10-percent threshold. Therefore, the 
NRC proposes to assess a fee-relief surcharge to increase all 
licensees' annual fees based on their percentage share of the budget. 
Table III summarizes the fee-relief activities budgeted for FY 2018. 
The FY 2017 amounts are provided for comparison purposes.
---------------------------------------------------------------------------

    \3\ This amount includes international assistance activities. 
This amount also includes conventions and treaty activities that are 
not attributable to an existing NRC licensee or class of licensees, 
and it includes international cooperation activities that are not 
attributable to an existing NRC licensee or class of licensees.

                                        Table III--Fee-Relief Activities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                      FY 2017         FY 2018       Percentage
                      Fee-relief activities                       budgeted costs  budgeted costs      change
----------------------------------------------------------------------------------------------------------------
1. Activities not attributable to an existing NRC licensee or
 class of licensees:
    a. International activities \3\.............................           $13.8           $13.7            -0.7
    b. Agreement State oversight................................            12.9            13.2             2.9
    c. Scholarships and Fellowships.............................            17.9            15.0           -19.3
    d. Medical Isotope Production Infrastructure................             4.2             2.9           -44.8
2. Activities not assessed under 10 CFR part 170 service fees or
 10 CFR part 171 annual fees based on existing law or Commission
 policy:
    a. Fee exemption for nonprofit educational institutions.....             9.7             8.9            -8.0
    b. Costs not recovered from small entities under 10 CFR                  7.4             7.1            -4.3
     171.16(c)..................................................
    c. Regulatory support to Agreement States...................            18.5            17.4            -6.0
    d. Generic decommissioning/reclamation (not related to the              14.6            14.6             0.0
     power reactor and spent fuel storage fee classes)..........
    e. In Situ leach rulemaking and unregistered general                     1.4             1.5             6.7
     licensees..................................................
    f. Potential Department of Defense remediation program MOU               1.1             1.1             0.0
     activities.................................................
    g. Non-military radium sites................................             N/A             1.7             N/A
                                                                 -----------------------------------------------
Total fee-relief activities.....................................           101.5            97.1            -4.3
    Less 10 percent of the NRC's total FY budget (less the fee             -89.4           -91.9             2.8
     recovery exclusions).......................................
                                                                 -----------------------------------------------
        Fee-Relief Adjustment to be Allocated to All Licensees'             12.1             5.2           -57.3
         Annual Fees............................................
----------------------------------------------------------------------------------------------------------------

    Table IV shows how the NRC proposes to allocate the $5.2 million 
fee-relief surcharge to each licensee fee class. Also, in accordance 
with the Staff Requirements Memorandum dated September 7, 2017, (ADAMS 
Accession No. ML17250A841), for SECY-17-0026, ``Policy Considerations 
and Recommendations for Remediation of Non-Military, Unlicensed 
Historic Radium Sites in Non-Agreement States'' dated February 22, 2017 
(ADAMS Accession No. ML17130A783), the NRC has established a new fee-
relief category for non-military sites contaminated due to historic 
uses of radium.
    In addition to the fee-relief surcharge, the NRC also proposes to 
assess a generic LLW surcharge of $3.4 million. Disposal of LLW occurs 
at commercially operated LLW disposal facilities that are

[[Page 3411]]

licensed by either the NRC or an Agreement State. Four existing LLW 
disposal facilities in the United States accept various types of LLW. 
All are located in Agreement States and, therefore, are regulated by an 
Agreement State, rather than the NRC. The NRC will allocate this 
surcharge to its licensees based on data available in the U.S. 
Department of Energy's (DOE) Manifest Information Management System. 
This database contains information on total LLW volumes and NRC usage 
information from four generator classes: Academic, industrial, medical, 
and utility. The ratio of utility waste volumes to total LLW volumes 
over a period of time is used to estimate the portion of this surcharge 
that will be allocated to the power reactors, fuel facilities, and 
materials fee classes. The materials portion is adjusted to account for 
the fact that a large percentage of materials licensees are licensed by 
the Agreement States rather than the NRC.
    Table IV shows the surcharge, and its proposed allocation across 
the various fee classes.

                    Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2018
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                           LLW surcharge               Fee-relief adjustment           Total
                                 -------------------------------------------------------------------------------
                                      Percent            $            Percent            $               $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........            41.0             1.4            85.2             4.4             5.8
Spent Fuel Storage/Reactor                   0.0             0.0             4.3             0.2             0.2
 Decommissioning................
Research and Test Reactors......             0.0             0.0             0.4             0.0             0.0
Fuel Facilities.................            46.0             1.6             4.5             0.3             1.8
Materials Users.................            13.0             0.4             3.4             0.2             0.6
Transportation..................             0.0             0.0             0.5             0.0             0.0
Rare Earth Facilities...........             0.0             0.0             0.0             0.0             0.0
Uranium Recovery................             0.0             0.0             1.7             0.1             0.1
                                 -------------------------------------------------------------------------------
    Total.......................           100.0             3.4           100.0             5.2             8.5
----------------------------------------------------------------------------------------------------------------

FY 2018 Fee Collection--Revised Annual Fees

    In accordance with SECY-05-0164, ``Annual Fee Calculation Method,'' 
dated September 15, 2005 (ADAMS Accession No. ML052580332), the NRC 
rebaselines its annual fees every year. ``Rebaselining'' entails 
analyzing the budget in detail and then allocating the budgeted costs 
to various classes or subclasses of licensees. It also includes 
updating the number of NRC licensees in its fee calculation 
methodology.
    The NRC proposes to revise its annual fees in Sec. Sec.  171.15 and 
171.16 to recover approximately 90 percent of the NRC's FY 2018 budget 
authority (less the fee-recovery exclusions and the estimated amount to 
be recovered through 10 CFR part 170 fees). The total estimated 10 CFR 
part 170 collections for this proposed rule total are $289.4 million, a 
decrease of $7.9 million from the FY 2017 fee rule (see the specific 
fee class sections for a discussion of this decrease). The NRC, 
therefore, proposes to recover $537.3 million through annual fees from 
its licensees, which is an increase of $28.7 million from the FY 2017 
final rule.
    Table V shows the proposed rebaselined fees for FY 2018 for a 
representative list of categories of licensees. The FY 2017 amounts are 
provided for comparison purposes.

                                        Table V--Rebaselined Annual Fees
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018
                   Class/category of licenses                      FY 2017 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........................................      $4,308,000      $4,559,000             5.8
+ Spent Fuel Storage/Reactor Decommissioning....................         188,000         225,000            19.7
                                                                 -----------------------------------------------
    Total, Combined Fee.........................................       4,496,000       4,784,000             6.4
Spent Fuel Storage/Reactor Decommissioning......................         188,000         225,000            19.7
Research and Test Reactors (Non-power Reactors).................          81,400          81,300            -0.1
High Enriched Uranium Fuel Facility.............................       7,255,000       7,726,000             6.5
Low Enriched Uranium Fuel Facility..............................       2,629,000       2,799,000             6.5
UF6 Conversion and Deconversion Facility........................       1,498,000       1,596,000             6.5
Conventional Mills..............................................          38,900          38,800            -0.3
Typical Materials Users:
    Radiographers (Category 3O).................................          27,000          25,700            -4.8
    Well Loggers (Category 5A)..................................          16,000          15,600            -2.5
    All Other Specific Byproduct Material Licensees (Category              9,300           9,000            -3.2
     3P)........................................................
    Broad Scope Medical (Category 7B)...........................          33,800          32,700            -3.3
----------------------------------------------------------------------------------------------------------------

    The work papers that support this proposed rule show in detail how 
the NRC proposes to allocate the budgeted resources for each class of 
licensees and calculate the fees.
    Paragraphs a. through h. of this section describe budgeted 
resources allocated to each class of licensees and the calculations of 
the rebaselined fees. For more information about detailed fee 
calculations for each class, please consult the accompanying work 
papers.

[[Page 3412]]

a. Fuel Facilities
    The NRC proposes to collect $29.2 million in annual fees from the 
fuel facilities class.

                          Table VI--Annual Fee Summary Calculations for Fuel Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018       Percentage
                    Summary fee calculations                       FY 2017 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $33.9           $35.1             3.5
Less estimated 10 CFR part 170 receipts.........................            -9.6            -9.3            -3.2
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            24.3            25.8             6.2
Allocated generic transportation................................             1.6             1.6             0.0
Fee-relief adjustment/LLW surcharge.............................             2.5             1.8           -28.0
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total remaining required annual fee recovery \4\............            28.4            29.2             2.8
----------------------------------------------------------------------------------------------------------------

    In FY 2018, although the fuel facilities budgeted resources 
increased slightly, there is a slight decrease in estimated 10 CFR part 
170 billings as a result of completing the Mixed Oxide Fuel Fabrication 
Facility's structure review and completing Westinghouse's license 
renewal (offset by billings for the Honeywell International's license 
renewal application beginning in FY 2018). There was also a reduction 
to the LLW percentage allotment because of decreased usage of LLW by 
this fee class.
---------------------------------------------------------------------------

    \4\ See Table VII for percentage change for each fee category.
---------------------------------------------------------------------------

    The NRC allocates annual fees to individual fuel facility licensees 
based on the effort/fee determination matrix developed in the FY 1999 
final fee rule (64 FR 31447; June 10, 1999). To briefly recap, the 
matrix groups licensees within this fee class into various fee 
categories. The matrix lists processes conducted at licensed sites and 
assigns effort factors for the safety and safeguards activities 
associated with each process (these effort levels are reflected in 
Table VII). The annual fees are then distributed across the fee class 
based on the regulatory effort predicted by the matrix.

                             Table VII--Effort Factors for Fuel Facilities, FY 2018
----------------------------------------------------------------------------------------------------------------
                                                                                    Effort factors (percent of
                                                                     Number of                total)
                  Facility type (fee category)                      facilities   -------------------------------
                                                                                      Safety        Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................               2              88              96
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................               3              70              30
Limited Operations (1.A.(2)(a)).................................               0               0               0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............               0               0               0
Hot Cell (and others) (1.A.(2)(c))..............................               0               0               0
Uranium Enrichment (1.E.).......................................               1              21              23
UF6 Conversion and Deconversion (2.A.(1)).......................               1              12               7
----------------------------------------------------------------------------------------------------------------

    In FY 2018, the total remaining required annual fee recovery amount 
of $29.2 million is comprised of safety activities, safeguards 
activities and the fee-relief adjustment/LLW surcharge. For FY 2018, 
the total budgeted resources to be recovered as annual fees for safety 
activities are $15.1 million. To calculate the annual fee, the NRC 
allocates this amount to each fee category based on its percent of the 
total regulatory effort for safety activities. Similarly, the NRC 
allocates the budgeted resources to be recovered as annual fees for 
safeguards activities, $12.3 million, to each fee category based on its 
percent of the total regulatory effort for safeguards activities. 
Finally, the fuel facility fee class' portion of the fee-relief 
adjustment/LLW surcharge--$1.8 million--is allocated to each fee 
category based on its percentage of the total regulatory effort for 
both safety and safeguards activities. The annual fee per licensee is 
then calculated by dividing the total allocated budgeted resources for 
the fee category by the number of licensees in that fee category. In 
comparison to FY 2017, for FY 2018 there was an increase of 2.8% for 
the total remaining required annual fee recovery (see Table VI). 
However, in comparison to FY 2017 for FY 2018, there was an increase of 
6.5% in each fee category. The differences in the percentage increase 
was due to two licensees leaving the fee class in FY 2017. The fee for 
each facility is summarized in Table VIII.

[[Page 3413]]



                                   Table VIII--Annual Fees for Fuel Facilities
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018
                  Facility type  (fee category)                    FY 2017 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................      $7,255,000      $7,726,000             6.5
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................       2,629,000       2,799,000             6.5
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............       1,366,000         \5\ N/A             N/A
Hot Cell (and others) (1.A.(2)(c))..............................         710,000         \5\ N/A             N/A
Uranium Enrichment (1.E.).......................................       3,470,000       3,695,000             6.5
UF6 Conversion and Deconversion (2.A.(1)).......................       1,498,000       1,596,000             6.5
----------------------------------------------------------------------------------------------------------------

b. Uranium Recovery Facilities

    The NRC proposes to collect $0.6 million in annual fees from the 
uranium recovery facilities fee class, a decrease of 66.7 percent from 
FY 2017.
---------------------------------------------------------------------------

    \5\ No licensees in this fee category in FY 2018.

                    Table IX--Annual Fee Summary Calculations for Uranium Recovery Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018       Percentage
                    Summary fee calculations                       FY 2017 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $14.3           $13.5            -5.6
Less estimated 10 CFR part 170 receipts.........................           -13.5           -13.0            -3.8
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................             0.8             0.5           -60.0
Allocated generic transportation................................             N/A             N/A             N/A
Fee-relief adjustment...........................................             0.2             0.1           -50.0
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................             1.0             0.6           -66.7
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2017, the FY 2018 budgeted resources for 
uranium recovery licensees decreased due to reductions in associated 
licensing work, realignment of the Uranium Mill Tailings Radiation 
Control Act (UMTRCA) program, and completed reviews for license 
amendments for Strata Energy and Jane Dough, offset by increased 
workload for the Marsland license amendment review.
    The NRC computes the annual fee for the uranium recovery fee class 
by dividing the total annual fee recovery amount among DOE and the 
other licensees in this fee class. The annual fee decreased for the 
DOE/UMTRCA program due to the decreased budgeted resources and an 
increase in 10 CFR part 170 billings for the Atlantic Richfield review. 
The annual fee decreased slightly for the remaining Uranium Recovery 
licensees due to a decrease in estimated 10 CFR part 170 billings for 
completed reviews for license amendments for Strata Energy and Jane 
Dough, offset by an increase in 10 CFR part 170 billings for the 
Marsland license amendment review.
    The NRC regulates DOE's Title I and Title II activities under 
UMTRCA \6\ and the proposed annual fee to DOE includes the costs 
specifically budgeted for the NRC's UMTRCA Title I and II activities, 
as well as 10 percent of the remaining budgeted costs for this fee 
class. The DOE's UMTRCA annual fee decreased mainly due to the budgeted 
resources reduction and an increase in estimated 10 CFR part 170 
billings for work on the Atlantic Richfield review. The annual fee 
decreased for the overall fee class due to the decrease in budgeted 
resources. The NRC assesses the remaining 90 percent of its budgeted 
costs to the rest of the licensees in this fee class, as described in 
the work papers. This is reflected in Table X as follows:
---------------------------------------------------------------------------

    \6\ The Congress established the two programs, Title I and Title 
II, under UMTRCA to protect the public and the environment from 
uranium milling. The UMTRCA Title I program is for remedial action 
at abandoned mill tailings sites where tailings resulted largely 
from production of uranium for the weapons program. The NRC also 
regulates DOE's UMTRCA Title II program, which is directed toward 
uranium mill sites licensed by the NRC or Agreement States in or 
after 1978.

                    Table X--Costs Recovered Through Annual Fees; Uranium Recovery Fee Class
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018
                        Summary of costs                           FY 2017 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I and Title II) General
 Licenses:
    UMTRCA Title I and Title II budgeted costs less 10 CFR part         $574,595        $147,161           -74.4
     170 receipts...............................................
    10 percent of generic/other uranium recovery budgeted costs.          19,079          32,434            41.2
    10 percent of uranium recovery fee-relief adjustment........          21,940           8,547           -61.0
                                                                 -----------------------------------------------
        Total Annual Fee Amount for DOE (rounded)...............         616,000         188,000           -69.5
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery budgeted costs          171,714         291,903            70.0
     less the amounts specifically budgeted for UMTRCA Title I
     and Title II activities....................................

[[Page 3414]]

 
    90 percent of uranium recovery fee-relief adjustment........         197,464          76,924           -61.0
                                                                 -----------------------------------------------
        Total Annual Fee Amount for Other Uranium Recovery               369,178         368,828            -0.1
         Licenses...............................................
----------------------------------------------------------------------------------------------------------------

    Further, for the non-DOE licensees, the NRC continues to use a 
matrix to determine the effort levels associated with conducting the 
generic regulatory actions for the different licensees in this fee 
class; this is similar to the NRC's approach for fuel facilities, 
described previously.
    The matrix methodology for uranium recovery licensees first 
identifies the licensee categories included within this fee class 
(excluding DOE). These categories are: Conventional uranium mills and 
heap leach facilities; uranium In Situ Recovery (ISR) and resin ISR 
facilities; mill tailings disposal facilities; and uranium water 
treatment facilities. The matrix identifies the types of operating 
activities that support and benefit these licensees, along with each 
activity's relative weight (for more information, see the work papers). 
Table XI displays the benefit factors per licensee and per fee 
category, for each of the non-DOE fee categories included in the 
uranium recovery fee class as follows:

                             Table XI--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
                                                 Number of      Benefit factor                    Benefit factor
                Fee category                     licensees       per licensee     Total value     percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills                           1              150              150             10.5
 (2.A.(2)(a))...............................
Basic In Situ Recovery facilities                           5              190              950             66.7
 (2.A.(2)(b))...............................
Expanded In Situ Recovery facilities                        1              215              215             15.1
 (2.A.(2)(c))...............................
Section 11e.(2) disposal incidental to                      1               85               85              6.0
 existing tailings sites (2.A.(4))..........
Uranium water treatment (2.A.(5))...........                1               25               25              1.7
                                             -------------------------------------------------------------------
    Total...................................                9              665            1,425            100.0
----------------------------------------------------------------------------------------------------------------

    Applying these factors to the approximately $368,828 in budgeted 
costs to be recovered from non-DOE uranium recovery licensees results 
in the total annual fees for each fee category. The annual fee per 
licensee is calculated by dividing the total allocated budgeted 
resources for the fee category by the number of licensees in that fee 
category, as summarized in Table XII.

                              Table XII--Annual Fees for Uranium Recovery Licensees
                                                [Other than DOE]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018
                  Facility type (fee category)                     FY 2017 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..................         $38,900         $38,800            -0.3
Basic In Situ Recovery facilities (2.A.(2)(b))..................          49,200          49,200             0.0
Expanded In Situ Recovery facilities (2.A.(2)(c))...............          55,700          55,600            -0.2
Section 11e.(2) disposal incidental to existing tailings sites            22,000          22,000             0.0
 (2.A.(4))......................................................
Uranium water treatment (2.A.(5))...............................           6,500           6,500             0.0
----------------------------------------------------------------------------------------------------------------

c. Operating Power Reactors
    The NRC proposes to collect $451.3 million in annual fees from the 
power reactor fee class in FY 2018, as shown in Table XIII. The FY 2017 
fees and percentage change are shown for comparison purposes.

                    Table XIII--Annual Fee Summary Calculations for Operating Power Reactors
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018       Percentage
                    Summary fee calculations                       FY 2017 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $670.3          $693.0             3.4
Less estimated 10 CFR part 170 receipts.........................          -256.3          -247.1            -3.6
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................           414.0           445.9             7.7
Allocated generic transportation................................             0.3             0.3             0.0
Fee-relief adjustment/LLW surcharge.............................            11.1             5.8           -47.7

[[Page 3415]]

 
Billing adjustment..............................................             1.1            -0.7          -163.6
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................           426.5           451.3             5.8
                                                                 -----------------------------------------------
    Total operating reactors....................................              99              99             0.0
Annual fee per reactor..........................................         4,308.0         4,559.0             5.8
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2017, the operating power reactors budgeted 
resources increased in FY 2018 primarily because contract costs 
associated with research in the areas of safety and security of digital 
systems, materials degradation, the aging of cables, and the effects of 
concrete degradation were funded in FY 2017 with prior year unobligated 
carryover. Contract costs also increased to support the new reactor 
design certification and early site permit reviews, as well as related 
infrastructure and technical assistance. Offsetting factors include a 
decrease in staff needed for Fukushima-related work and combined 
license reviews. Estimated billings under 10 CFR part 170 also slightly 
declined primarily due to South Carolina Electric and Gas Company's 
decision to abandon the construction of the two new nuclear units at 
V.C. Summer Nuclear Station, offset by the increased work for new 
reactor design certification and early site permit reviews.
    The recoverable budgeted costs are divided equally among the 99 
licensed power reactors, resulting in a proposed annual fee of 
$4,559,000 per reactor. Additionally, each licensed power reactor is 
assessed the FY 2018 spent fuel storage/reactor decommissioning 
proposed annual fee of $225,000 (see Table XIV and the discussion that 
follows). The combined proposed FY 2018 annual fee for power reactors 
is, therefore, $4,784,000.
    On May 24, 2016, the NRC amended its licensing, inspection, and 
annual fee regulations to establish a variable annual fee structure for 
light-water small modular reactors (SMRs). Under the variable annual 
fee structure, effective June 23, 2016, an SMR's annual fee would be 
calculated as a function of its licensed thermal power rating. 
Currently, there are no operating SMRs; therefore, the NRC is not 
proposing an annual fee in FY 2018 for this type of licensee.
d. Spent Fuel Storage/Reactor Decommissioning
    The NRC proposes to collect $27.4 million in annual fees from 10 
CFR part 50 power reactors, and from 10 CFR part 72 licensees that do 
not hold a 10 CFR part 50 license, to collect the budgeted costs for 
spent fuel storage/reactor decommissioning.

          Table XIV--Annual Fee Summary Calculations for the Spent Fuel Storage/Reactor Decommissioning
                                                    Fee Class
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018       Percentage
                    Summary fee calculations                      FY 2017  final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $29.5           $34.6            17.3
Less estimated 10 CFR part 170 receipts.........................            -7.9            -8.3             5.1
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            21.6            26.3            21.7
Allocated generic transportation costs..........................             0.8             0.9            12.5
Fee-relief adjustment...........................................             0.5             0.2           -60.0
Billing adjustments.............................................             0.1             0.0          -100.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................            23.0            27.4            19.4
                                                                 -----------------------------------------------
    Total spent fuel storage facilities.........................             122             122             0.0
Annual fee per facility.........................................           0.188           0.225            19.7
----------------------------------------------------------------------------------------------------------------

    Compared to FY 2017, the FY 2018 budgeted resources for spent fuel 
storage/reactor decommissioning increased due to (1) an increase in 
resources to support the safety, security, emergency preparedness, and 
environmental reviews for two applications for consolidated interim 
storage facilities (one of which has been suspended), and (2) efforts 
to update/consolidate the standard review plan for these facilities. 
For this fee class, estimated billings under 10 CFR part 170 increased 
slightly because although there was a decline in 10 CFR part 170 
estimated billings due to suspension of the review for the Waste 
Control Specialists consolidated interim storage facility application, 
there was an overall increase in 10 CFR part 170 estimated billings due 
to an anticipated increase in workload for the Holtec International 
consolidated interim storage facility application, a renewal request 
for DOE Idaho, and an amendment request by TN Americas.
    The required annual fee recovery amount is divided equally among 
122 licensees, resulting in an FY 2018 annual fee of $225,000 per 
licensee.
e. Research and Test Reactors (Non-Power Reactors)
    The NRC proposes to collect $0.325 million in annual fees from the 
research and test reactor licensee class.

[[Page 3416]]



                    TABLE XV--ANNUAL FEE SUMMARY CALCULATIONS FOR RESEARCH AND TEST REACTORS
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018       Percentage
                    Summary fee calculations                       FY 2017 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $1.982          $2.997            51.2
Less estimated 10 CFR part 170 receipts.........................          -1.724          -2.722            57.9
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................           0.258           0.275             6.6
Allocated generic transportation................................           0.034           0.034             0.9
Fee-relief adjustment...........................................           0.031           0.019           -38.7
Billing adjustments.............................................           0.003          -0.003          -200.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................           0.326           0.325            -0.3
                                                                 -----------------------------------------------
    Total research and test reactors............................               4               4             0.0
                                                                 -----------------------------------------------
    Total annual fee per reactor................................          0.0814          0.0813            -0.1
----------------------------------------------------------------------------------------------------------------

    For this fee class, the budgeted resources increased due to 
increased licensing and inspection activities associated with medical 
isotope facilities. Despite the budgeted resources increase, the 
proposed FY 2018 annual fee decreased due to an increase in estimated 
10 CFR part 170 billings for Aerotest's license renewal, continued 
project management activities for the four test and research reactor 
sites, and increased licensing and inspection activities associated 
with medical isotope facilities.
    The required annual fee-recovery amount is divided equally among 
the four research and test reactors subject to annual fees and results 
in an FY 2018 annual fee of $81,300 for each licensee.
f. Rare Earth
    The NRC has not allocated any budgeted resources to this fee class; 
therefore, the NRC is not proposing an annual fee in FY 2018.
g. Materials Users
    The NRC proposes to collect $34.2 million in annual fees from 
materials users licensed under 10 CFR parts 30, 40, and 70.

                         Table XVI--Annual Fee Summary Calculations for Materials Users
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018       Percentage
                    Summary fee calculations                      FY 2017  final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources for licensees not regulated by                    $33.7           $33.0            -2.1
 Agreement States...............................................
Less estimated 10 CFR part 170 receipts.........................            -0.9            -1.0            11.1
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            32.8            32.0            -2.5
Allocated generic transportation................................             1.6             1.6             0.0
Fee-relief adjustment/LLW surcharge.............................             0.9             0.6           -33.3
Billing adjustments.............................................             0.1             0.0          -100.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................            35.4            34.2            -3.4
----------------------------------------------------------------------------------------------------------------

    The annual fee for these categories of materials users' licenses is 
developed as follows: Annual Fee = Constant x [Application Fee + 
(Average Inspection Cost/Inspection Priority)] + Inspection Multiplier 
x (Average Inspection Cost/Inspection Priority) + Unique Category 
Costs. The total annual fee recovery proposed for FY 2018 consists of 
the following: $26.2 million for general costs, $7.1 million for 
inspection costs, $0.3 million for unique costs for medical licenses 
and $0.6 million for fee relief/LLW costs. To equitably and fairly 
allocate the $34.2 million required to be collected among approximately 
2,600 diverse materials users licensees, the NRC continues to calculate 
the annual fees for each fee category within this class based on the 10 
CFR part 170 application fees and estimated inspection costs for each 
fee category. Because the application fees and inspection costs are 
indicative of the complexity of the materials license, this approach 
provides a proxy for allocating the generic and other regulatory costs 
to the diverse fee categories. This fee-calculation method also 
considers the inspection frequency (priority), which is indicative of 
the safety risk and resulting regulatory costs associated with the 
categories of licenses.
    The NRC proposes to decrease annual fees for most materials 
licensees in this fee class in FY 2018 due to a reduction in budgeted 
resources for oversight activities through implementation of process 
enhancements and rebaselining of the materials program under Project 
Aim.
    The constant multiplier is established in order to recover the 
total general costs (including allocated generic transportation costs) 
of $26.2 million. To derive the constant multiplier, the general cost 
amount is divided by the product of all fee categories (application fee 
plus the inspection fee divided by inspection priority) then multiplied 
by the number of licensees. This calculation results in a constant 
multiplier of 1.46 for FY 2018. The average inspection cost is the 
average inspection hours for each fee category multiplied by the 
professional hourly rate of $270. The inspection priority is the 
interval between routine inspections, expressed in years. The

[[Page 3417]]

inspection multiplier is established in order to recover the $7.1 
million in inspection costs. To derive the inspection multiplier, the 
inspection costs amount is divided by the product of all fee categories 
(inspection fee divided by inspection priority) then multiplied by the 
number of licensees. This calculation results in an inspection 
multiplier of 1.38 for FY 2018. The unique category costs are any 
special costs that the NRC has budgeted for a specific category of 
licenses. For FY 2018, unique category costs include approximately $0.3 
million in budgeted costs for the implementation of revised 10 CFR part 
35, ``Medical Use of Byproduct Material,'' which has been allocated to 
holders of NRC human-use licenses. These unique category costs include 
the budgeted resources for the medical program of $20 million, adjusted 
for the percentage of Agreement State licensees. The remainder is 
divided by the number of licensees within fee categories 7A, 7C and 17. 
Please see the work papers for more detail about this classification.
    The annual fee assessed to each licensee also includes a share of 
the $0.6 million fee-relief surcharge assessment of approximately $0.2 
million allocated to the materials users fee class (see Table IV, 
``Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2018,'' in 
Section III, ``Discussion,'' of this document), and for certain 
categories of these licensees, a share of the approximately $0.4 
million LLW surcharge costs allocated to the fee class. The proposed 
annual fee for each fee category is shown in the proposed revision to 
Sec.  171.16(d).
h. Transportation
    The NRC proposes to collect $5.9 million in annual fees to recover 
generic transportation budgeted resources. The FY 2017 values are shown 
for comparison purposes.

                         Table XVII--Annual Fee Summary Calculations for Transportation
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2018       Percentage
                    Summary fee calculations                      FY 2017  final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total Budgeted Resources........................................            $8.9            $8.8            -1.1
Less Estimated 10 CFR part 170 Receipts.........................            -3.1            -2.9            -6.5
                                                                 -----------------------------------------------
    Net 10 CFR part 171 Resources...............................             5.8             5.9             1.7
Less Generic Transportation Resources \7\.......................            -4.5            -4.5             0.0
Fee-relief adjustment/LLW surcharge.............................             0.2             0.0             0.0
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................             1.5             1.4            -7.2
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2017, the total budgeted resources for FY 2018 
for generic transportation activities decreased due to an anticipated 
reduction in the Certificates of Compliance (CoCs) for DOE (from 22 to 
21) and a decreased anticipated workload due to the expected number of 
major licensing actions to be completed in FY 2018. There was also a 
decline in budgeted resources within licensing and rulemaking support 
due to a reclassification of certain budgeted resources to the spent 
fuel storage/reactor decommissioning fee class.
---------------------------------------------------------------------------

    \7\ New line item added to enhance clarify.
---------------------------------------------------------------------------

    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30721; May 30, 2006), the NRC recovers generic 
transportation costs unrelated to DOE by including those costs in the 
annual fees for licensee fee classes. The NRC continues to assess a 
separate annual fee under Sec.  171.16, fee category 18.A. for DOE 
transportation activities. The amount of the allocated generic 
resources is calculated by multiplying the percentage of total CoCs 
used by each fee class (and DOE) by the total generic transportation 
resources to be recovered. The proposed annual fee decrease for DOE is 
mainly due to an anticipated decrease in CoCs from 22 to 21 in FY 2018.
    This resource distribution to the licensee fee classes and DOE is 
shown in Table XVIII. Note that for the research and test reactors fee 
class, the NRC allocates the distribution to only those licensees that 
are subject to annual fees. Although four CoCs benefit the entire 
research and test reactor class, only 4 out of 31 research and test 
reactors are subject to annual fees. Consequently, the number of CoCs 
used to determine the proportion of generic transportation resources 
allocated to research and test reactors annual fees has been adjusted 
to 0.5 so the research and test reactors subject to annual fees are 
charged a fair and equitable portion of the total. For more 
information, see the work papers.

                         Table XVIII--Distribution of Transportation Resources, FY 2018
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                        Number of CoCs                         Allocated generic
               Licensee fee class/DOE                   benefiting fee      Percentage  of      transportation
                                                         class or DOE         total  CoCs          resources
----------------------------------------------------------------------------------------------------------------
Materials Users.....................................                25.0                27.9                $1.7
Operating Power Reactors............................                 5.0                 5.6                 0.3
Spent Fuel Storage/Reactor Decommissioning..........                14.0                15.6                 0.9
Research and Test Reactors..........................                 0.5                 0.6                 0.0
Fuel Facilities.....................................                24.0                26.8                 1.6
                                                     -----------------------------------------------------------
    Sub-Total of Generic Transportation Resources...                68.5                76.5                 4.5

[[Page 3418]]

 
DOE.................................................                21.0                23.5                 1.4
                                                     -----------------------------------------------------------
    Total...........................................                89.5               100.0                 5.9
----------------------------------------------------------------------------------------------------------------

    The NRC assesses an annual fee to DOE based on the 10 CFR part 71 
CoCs it holds. The NRC, therefore, does not allocate these DOE-related 
resources to other licensees' annual fees because these resources 
specifically support DOE.

FY 2018--Policy Change

    The NRC proposes one policy change for FY 2018:
Changes to Small Materials Users Fee Categories for Locations of Use
    The NRC proposes to add seven new fee subcategories under 10 CFR 
170.31, ``Schedule of Fees for Materials Licenses and Other Regulatory 
Services, Including Inspections, and Import and Export Licenses,'' and 
10 CFR 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.'' Generally speaking, 10 CFR 
170.31 assigns the same fee to each licensee in the fee category, 
regardless of the amount of locations that the licensee is authorized 
to use. Yet for some of these fee categories, the NRC staff recently 
determined that it spends a disproportionate amount of time on 
licensees with six or more locations compared to licensees in the same 
fee category with fewer than six locations. Therefore, the NRC is 
proposing to revise its fee categories so that these fees better align 
with the actual costs of providing regulatory services.
    Previously--in the FY 2015 final fee rule--the NRC added three fee 
subcategories under one fee category, 3.L. (research and development 
broad scope) for licenses with six or more locations of use. Although 
there are 14 additional fee categories that could be modified, the NRC 
determined that most affected licenses are covered under only 7 of the 
14 fee categories. Accordingly, the NRC is proposing to add 
subcategories to these seven fee categories:
     Manufacturing broad scope licenses under fee category 3.A.
     Other manufacturing licenses under fee category 3.B.
     Medical product distribution licenses under fee category 
3.C.
     Industrial radiography licenses under fee category 3.O.
     Other byproduct licenses (e.g., portable and fixed gauges, 
measuring systems) under fee category 3.P.
     Medical licenses under fee categories 7.A. and 7.B.
    To more accurately reflect the cost of services provided by the 
NRC, this change would result in each fee category having subcategories 
for 1-5, 6-20, and more than 20 locations of use.

FY 2018--Administrative Changes

    The NRC also proposes eleven administrative changes:
    1. Revise the methodology of charging licensees for overhead time 
for project managers (PMs) and resident inspectors (RIs).
    The NRC proposes to revise the methodology of charging licensees 
for overhead time for PMs and RIs. Currently, the NRC includes an 
overhead cost of 6 percent of direct billable costs to all licensees' 
invoices. The overhead charge is intended to recover the full cost for 
PM and RI activities that provide a direct benefit to the assigned 
licensee or site.
    In FY 2015 to FY 2017, this 6-percent value was based on the 
analysis of 4 years of billing data (FY 2011 to FY 2014) for overhead 
activities recorded in the time and labor system by a PM or RI and 
billed to the dockets to which the PM or the RI were officially 
assigned. The NRC has reviewed the process and, as a process 
enhancement, created docket-related fee-billable cost activity codes. 
Once the FY 2018 final fee rule is effective, the licensee invoices 
will no longer include the 6-percent overhead allocation. Instead, the 
licensee invoices will include the actual hours for activities that 
support and directly benefit the assigned licensee or site.
    2. Add definitions for inputs in the professional hourly rate 
calculation in 10 CFR part 170, ``Fees for Facilities, Materials, 
Import and Export Licenses, and Other Regulatory Services under the 
Atomic Energy Act of 1954, as Amended.''
    In response to the recommendations in the U.S. Government 
Accountability Office (GAO) report titled ``Nuclear Regulatory 
Commission: Regulatory Fee-Setting Calculations Need Greater 
Transparency'' (GAO-17-232), dated February 2, 2017, the NRC committed 
to adding definitions for the professional hourly rate components in 10 
CFR part 170 during the FY 2018 fee rulemaking. The NRC therefore 
proposes to add definitions for ``agency support (corporate support and 
the IG),'' ``mission-direct program salaries and benefits,'' and 
``mission-indirect program support'' to 10 CFR 170.3, ``Definitions.''
    3. Delete the definition of ``overhead and general and 
administrative costs'' from 10 CFR 170.3 and 10 CFR 171.5.
    The term ``overhead and general and administrative costs'' is 
currently defined in 10 CFR 170.3 and 10 CFR 171.5, but it is not used 
in 10 CFR parts 170 and 171. Nor do the subordinate elements of the 
definition--``Government benefits,'' ``travel costs,'' ``overhead,'' 
``administrative support costs,'' and ``indirect costs''--appear 
elsewhere in parts 170 and 171. The NRC therefore proposes to delete 
these definitions for clarity purposes.
    4. Amend language under 10 CFR 170.11, ``Exemptions,'' to add a new 
paragraph to include the timeframe in which a request for a fee 
exemption must be submitted to the Chief Financial Officer (CFO) under 
10 CFR part 170.
    The NRC proposes to revise language to provide that a request for a 
fee exemption under 10 CFR 170.11(a)(1) must be submitted to the CFO 
within 90 days of the date of the NRC's receipt of the work.
    5. Amend language under 10 CFR 170.31, ``Schedule of Fees for 
Materials Licenses and Other Regulatory Services, Including 
Inspections, and Import and Export Licenses,'' and 10 CFR 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,'' to enhance clarity.

[[Page 3419]]

    When a materials license (or part of a materials license) changes 
from operational to decommissioning status, it transitions to fee 
category 14.A. There are two aspects of the fee treatment that follows 
transition to fee category 14.A. First, the materials license (or part 
of a materials license) that transitions to fee category 14.A is 
assessed full cost fees under 10 CFR part 170, even if, before the 
transition to this fee category, the licensee was assessed flat fees 
under 10 CFR part 170. Second, the materials license (or part of a 
materials license) that transitions to fee category 14.A is not 
assessed annual fees under 10 CFR part 171. If only part of a materials 
license is transitioned to fee category 14.A, the licensee may be 
charged annual fees (and any applicable 10 CFR part 170 fees) for other 
activities authorized under the license that are not in decommissioning 
status. The NRC is proposing to add a new footnote to the table in 10 
CFR 170.31 and to the table in 10 CFR 171.16 to emphasize the fee 
treatment that follows a transition to fee category 14.A.
    The NRC also proposes to add new language to the description of fee 
category 14.A. in both 10 CFR 170.31 and 171.16 in order to enhance 
clarity regarding when a materials license (or part of a materials 
license) transitions to fee category 14.A. Specifically, this 
transition occurs when a licensee has permanently ceased principal 
activities. For guidance on what constitutes ``permanently ceasing 
principal activities,'' please see Regulatory Issue Summary 2015-19 
(Sept. 27, 2016) (ADAMS Accession No. ML16008A242).
    6. Amend language under 10 CFR 171.3 and 10 CFR 171.16(a) to 
clarify when the assessment of annual fees begins for uranium recovery 
and fuel facility licensees.
    Both uranium recovery and fuel facilities licenses include a 
condition that the NRC must complete a post-construction, pre-
operational inspection to authorize a licensee to possess and use 
source material. In the FY 2007 final fee rule, the NRC added language 
to 10 CFR 171.3 and 10 CFR 171.16(a) to codify its policy that annual 
fees for uranium enrichment facilities will be assessed after the NRC 
verifies through inspection that the facility has been constructed in 
accordance with the requirements of the license. The NRC proposes to 
amend those sections to codify the policy that the assessment of annual 
fees for uranium recovery or fuel facility licensees, including uranium 
enrichment facility licensees, begins after the NRC inspection verifies 
that the facility has been constructed in accordance with the 
requirements of the license.
    7. Amend footnote 9 to the table in 10 CFR 171.16(d) for clarity.
    The NRC proposes to revise footnote 9 to clarify that nuclear 
medicine licensees under fee category 7.A. would not be assessed a 
separate annual fee for pacemaker licenses.
    8. Delete footnote 15 to the table in 10 CFR 171.16(d).
    The NRC proposes to delete footnote 15 because footnote 16 is more 
comprehensive and already includes the relevant information from 
footnote 15. The current footnote 16 would be renumbered as footnote 
15, and the footnotes that follow current footnote 16 would be 
renumbered. All references to these footnotes in fee categories will be 
adjusted accordingly.
    9. Amend footnote 16 to the table in 10 CFR 171.16(d) for clarity.
    The NRC proposes to renumber footnote 16 as footnote 15, as 
indicated, and revise it to clarify that licensees paying fees under 
fee category 17 are not be subject to additional fees listed in the 
table.
    10. Add a new footnote to the table in 10 CFR 171.16(d) for 
clarity.
    The NRC proposes to add a new footnote (as footnote 20) to clarify 
when licensees are exempt from paying annual fees under a specific fee 
category when they are licensed under multiple fee categories. The NRC 
currently follows this guidance and would add references to the new 
footnote 20 to fee categories 2.B., 3.N., and 3.P. to enhance clarity.
    11. Amend language under 10 CFR 171.17, ``Proration,'' to add a new 
sentence on the proration of fees.
    The NRC proposes to revise language regarding (1) reactors, (2) 
licensees under 10 CFR part 72, ``Licensing Requirements for the 
Independent Storage of Spent Nuclear Fuel, High-Level Radioactive 
Waste, and Reactor-Related Greater Than Class C Waste,'' who do not 
hold 10 CFR part 50, ``Domestic Licensing of Production and Utilization 
Facilities,'' licenses and (3) materials licensees with annual fees of 
$100,000 or greater for a single fee category. The NRC proposes to base 
the proration of annual fees for terminated and downgraded licensees on 
the fee rule in effect at the time the termination or downgrade action 
is official. The NRC will base the determinations on the proration 
requirements under 10 CFR 171.17(a)(2) and (3).
    Under the current regulations, proration is based on the fee rule 
for the current fiscal year. This prevents the NRC from accurately 
billing the licensee at the time the termination or downgrade action is 
official based on the proration requirements under 10 CFR 171.17(a)(2) 
and (3). The NRC has to wait until the current year's fee rule is 
effective (typically during the fourth quarter of a fiscal year) to 
either bill additional amounts or process refunds to the licensee based 
on the new fee rule amount.
    This amendment would allow the NRC to prorate annual fees based on 
the fee rule in effect at the time the termination or downgrade action 
is official based on the proration requirements under 10 CFR 
171.17(a)(2) and (3), thereby allowing the licensees to know that their 
fee amounts would not have to be adjusted in the fourth quarter of the 
fiscal year. This change would support the fair and equitable 
assessment of fees because it ties annual fee proration to when the 
license actually becomes downgraded or terminated.
Update to the Fees Transformation Initiative
    The Staff Requirements Memorandum, dated October 19, 2016, for 
SECY-16-0097, ``Fee Setting Improvements and Fiscal Year 2017 Proposed 
Fee Rule,'' directed staff to explore, as a voluntary pilot, whether a 
flat fee structure could be established for routine licensing matters 
in the area uranium recovery, and to accelerate the fees setting 
process improvements including the transition to an electronic billing 
system. With respect to the voluntary flat fees pilot, the staff has 
developed a project plan and is on target to complete this activity by 
September 2020. With respect to the fees setting process improvements, 
all 14 of the activities scheduled for FY 2017 and an additional 3 
scheduled for FY 2018 were completed in FY 2017. These improvements 
included adding additional content to the FY 2018 CBJ to help licensees 
understand how the planned workload in the budget impacted fees, 
validating the budgeting process by comparing budgeted amounts with 
actual amounts in the CBJ, posting the estimated cost of various 
licensing actions for both the Reactors and Materials programs on the 
NRC's public website, and modifying the calculation of full-cost fees 
to facilitate publishing the proposed and final fee rules earlier. For 
the remaining process changes recommended for future consideration, the 
NRC is well-positioned to complete them on schedule. In addition, the 
NRC is considering alternatives to accelerate the transition to an 
electronic billing system and for opportunities to enhance the detail 
contained in our invoices. For

[[Page 3420]]

more information, please see our fees transformation accomplishments 
schedule, located on our license fees website at: https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.

IV. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA),\8\ the NRC has prepared a regulatory flexibility analysis 
relating to this proposed rule. The regulatory flexibility analysis is 
available as indicated in Section XIII, Availability of Documents, of 
this document.
---------------------------------------------------------------------------

    \8\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
Public Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------

V. Regulatory Analysis

    Under OBRA-90, the NRC is required to recover approximately 90 
percent of its budget authority in FY 2018. The NRC established fee 
methodology guidelines for 10 CFR part 170 in 1978, and established 
additional fee methodology guidelines for 10 CFR part 171 in 1986. In 
subsequent rulemakings, the NRC has adjusted its fees without changing 
the underlying principles of its fee policy to ensure that the NRC 
continues to comply with the statutory requirements for cost recovery 
in OBRA-90.
    In this rulemaking, the NRC continues this long-standing approach. 
Therefore, the NRC did not identify any alternatives to the current fee 
structure guidelines and did not prepare a regulatory analysis for this 
rulemaking.

VI. Backfitting and Issue Finality

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this proposed rule and that a backfit analysis is not 
required. A backfit analysis is not required because these amendments 
do not require the modification of, or addition to, systems, 
structures, components, or the design of a facility, or the design 
approval or manufacturing license for a facility, or the procedures or 
organization required to design, construct, or operate a facility.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885). The NRC requests comment on the proposed rule with respect to 
the clarity and effectiveness of the language used.

VIII. National Environmental Policy Act

    The NRC has determined that this rule will amend NRC's 
administrative requirements in 10 CFR part 170 and 10 CFR part 171. 
Therefore, this action is categorically excluded from needing 
environmental review as described in 10 CFR 51.22(c)(1). Consequently, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this proposed rule.

IX. Paperwork Reduction Act

    This proposed rule does not contain a collection of information as 
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

X. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this proposed rule, the NRC 
proposes to amend the licensing, inspection, and annual fees charged to 
its licensees and applicants, as necessary, to recover approximately 90 
percent of its budget authority in FY 2018, as required by OBRA-90. 
This action does not constitute the establishment of a standard that 
contains generally applicable requirements.

XI. Availability of Guidance

    The Small Business Regulatory Enforcement Fairness Act requires all 
Federal agencies to prepare a written compliance guide for each rule 
for which the agency is required by 5 U.S.C. 604 to prepare a 
regulatory flexibility analysis. The NRC, in compliance with the law, 
prepared the ``Small Entity Compliance Guide'' for the FY 2017 proposed 
fee rule. The NRC plans to continue to use this compliance guide for FY 
2018 and has relabeled the compliance guide to reflect the current 
fiscal year. The FY 2018 version of the compliance guide is available 
as indicated in Section XIII, Availability of Documents, of this 
document. The next compliance guide will be developed when the NRC 
completes the next small entity biennial review in FY 2019.

XII. Public Meeting

    The NRC will conduct a public meeting on the proposed rule for the 
purpose of describing the proposed rule and answering questions from 
the public on the proposed rule. The NRC will publish a notice of the 
location, time, and agenda of the meeting on the NRC's public meeting 
website within at least 10 calendar days before the meeting. In 
addition, the agenda for the meeting will be posted on 
www.regulations.gov under Docket ID NRC-2017-0026. For instructions to 
receive alerts when changes or additions occur in a docket folder, see 
Section XIII, Availability of Documents, of this document. Stakeholders 
should monitor the NRC's public meeting website for information about 
the public meeting at: https://www.nrc.gov/public-involve/public-meetings/index.cfm.

XIII. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

----------------------------------------------------------------------------------------------------------------
                 Document                                        ADAMS accession No./weblink
----------------------------------------------------------------------------------------------------------------
SECY-16-0009, ``Recommendations Resulting   ML16104A158
 from the Integrated Prioritization and Re-
 Baselining of Agency Activities,''
 February 9, 2016.
SECY-16-0097, ``Fee Setting Improvements    ML16194A365
 and Fiscal Year 2017 Proposed Fee Rule,''
 August 22, 2016.
SECY-17-0026, ``Policy Considerations and   ML17130A783
 Recommendations for Remediation of Non-
 Military, Unlicensed Historic Radium
 Sites in Non-Agreement States'' February
 22, 2017.

[[Page 3421]]

 
Staff Requirements Memorandum September 7,  ML17250A841
 2017, for SECY-17-0026.
FY 2018 Proposed Rule Work Papers.........  ML17348A377
FY 2018 Regulatory Flexibility Analysis...  ML17319A288
FY 2018 U.S. Nuclear Regulatory Commission  ML17319A291
 Small Entity Compliance Guide.
U.S. Government Accountability Office       https://www.gao.gov/products/GAO17-232
 (GAO) report titled ``Nuclear Regulatory
 Commission: Regulatory Fee-Setting
 Calculations Need Greater Transparency''
 (GAO-17-232), February 2, 2017.
Regulatory Issue Summary 2015-19,           ML16008A242
 ``Decommissioning Timeliness Rule
 Implementation and Associated Regulatory
 Relief,'' September 27, 2016.
NUREG-1100, Volume 33, ``Congressional      ML17137A246
 Budget Justification: Fiscal Year 2018''
 (May 2017).
NRC Form 526, Certification of Small        https://www.nrc.gov/reading-rm/doc-collections/forms/nrc526.pdf
 Entity Status for the Purposes of Annual
 Fees Imposed under 10 CFR Part 171.
SECY-05-0164, ``Annual Fee Calculation      ML052580332
 Method,'' dated September 15, 2005.
OMB's Circular A-25, ``User Charges''.....  https://www.whitehouse.gov/omb/circulars_default
Fees Transformation Accomplishments.......  https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformaton-accomplishments.html
----------------------------------------------------------------------------------------------------------------

    Throughout the development of this rule, the NRC may post documents 
related to this rule, including public comments, on the Federal 
Rulemaking website at https://www.regulations.gov under Docket ID NRC-
2017-0026. The Federal Rulemaking website allows you to receive alerts 
when changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder NRC-2017-0026; (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects

10 CFR Part 170

    Byproduct material, Import and export licenses, Intergovernmental 
relations, Non-payment penalties, Nuclear energy, Nuclear materials, 
Nuclear power plants and reactors, Source material, Special nuclear 
material.

10 CFR Part 171

    Annual charges, Approvals, Byproduct material, Holders of 
certificates, Intergovernmental relations, Nonpayment penalties, 
Nuclear materials, Nuclear power plants and reactors, Registrations, 
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, the NRC is proposing 
to adopt the following amendments to 10 CFR parts 170 and 171:

PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT 
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT 
OF 1954, AS AMENDED

0
1. The authority citation for part 170 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42 
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201 
(42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 901, 902, 9701; 44 
U.S.C. 3504 note.

0
2. In Sec.  170.3, add the definitions for Agency support (corporate 
support and the IG), Mission-direct program salaries and benefits, and 
Mission-indirect program support in alphabetical order and remove the 
definition of Overhead and general administrative costs.
    The additions read as follows:


Sec.  170.3  Definitions.

* * * * *
    Agency support (corporate support and the IG) means resources 
located in executive, administrative, and other support offices such as 
the Office of the Commission, the Office of the Secretary, the Office 
of the Executive Director for Operations, the Offices of Congressional 
and Public Affairs, the Office of the Inspector General, the Office of 
Administration, the Office of the Chief Financial Officer, the Office 
of the Chief Information Officer, the Office of the Chief Human Capital 
Officer and the Office of Small Business and Civil Rights. These 
resources administer the corporate or shared efforts that more broadly 
support the activities of the agency. These resources also include 
information technology services, human capital services, financial 
management, and administrative support.
* * * * *
    Mission-direct program salaries and benefits means resources that 
are allocated to perform core work activities committed to fulfilling 
the agency's mission of protecting the public health and safety, 
promoting the common defense and security, and protecting the 
environment. These resources include the majority of the resources 
assigned under the direct business lines (Operating Reactors, New 
Reactors, Fuel Facilities, Nuclear Materials Users, Decommissioning and 
Low-Level Waste, and Spent Fuel Storage and Transportation).
    Mission-indirect program support means resources that support the 
core mission-direct activities. These resources include supervisory and 
nonsupervisory support and mission travel and training. Supervisory and 
nonsupervisory support and mission travel and training resources 
assigned under direct business line structure are considered mission-
indirect due to their supporting role of the core mission activities.
* * * * *
0
3. In Sec.  170.11, add paragraph (c) to read as follows:


Sec.  170.11   Exemptions.

* * * * *
    (c) For purposes of Sec.  170.11(a)(1), a request for a fee 
exemption must be submitted to the CFO within 90 days of the date of 
the NRC's receipt of the work.
0
4. Revise Sec.  170.20 to read as follows:


Sec.  170.20   Average cost per professional staff-hour.

    Fees for permits, licenses, amendments, renewals, special projects, 
10 CFR part 55 re-qualification and replacement examinations and tests, 
other required reviews, approvals, and inspections under Sec. Sec.  
170.21 and 170.31 will be calculated using the professional staff-hour 
rate of $270 per hour.

[[Page 3422]]

0
5. In Sec.  170.21, in the table, revise fee category K. to read as 
follows:


Sec.  170.21   Schedule of fees for production or utilization 
facilities, review of standard referenced design approvals, special 
projects, inspections, and import and export licenses.

* * * * *

                        Schedule of Facility Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
          Facility categories and type of fees             Fees \1\ \2\
------------------------------------------------------------------------
 
                              * * * * * * *
K. Import and export licenses:
    Licenses for the import and export only of
     production or utilization facilities or the export
     only of components for production or utilization
     facilities issued under 10 CFR part 110.
        1. Application for import or export of                  $18,900.
         production or utilization facilities \4\
         (including reactors and other facilities) and
         exports of components requiring Commission and
         Executive Branch review, for example, actions
         under 10 CFR 110.40(b).........................
            Application--new license, or amendment; or
             license exemption request.
        2. Application for export of reactor and other            9,500.
         components requiring Executive Branch review,
         for example, those actions under 10 CFR
         110.41(a)......................................
            Application--new license, or amendment; or
             license exemption request.
        3. Application for export of components                   4,600.
         requiring the assistance of the Executive
         Branch to obtain foreign government assurances.
            Application--new license, or amendment; or
             license exemption request.
        4. Application for export of facility components          4,600.
         and equipment not requiring Commission or
         Executive Branch review, or obtaining foreign
         government assurances..........................
            Application--new license, or amendment; or
             license exemption request.
        5. Minor amendment of any active export or                2,700.
         import license, for example, to extend the
         expiration date, change domestic information,
         or make other revisions which do not involve
         any substantive changes to license terms or
         conditions or to the type of facility or
         component authorized for export and, therefore,
         do not require in-depth analysis or review or
         consultation with the Executive Branch, U.S.
         host state, or foreign government authorities..
            Minor amendment to license.
------------------------------------------------------------------------
\1\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under Sec.   2.202 of
  this chapter 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 50.12, 10
  CFR 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.
\2\ Full cost fees will be determined based on the professional staff
  time and appropriate contractual support services expended. For
  applications currently on file and for which fees are determined based
  on the full cost expended for the review, the professional staff hours
  expended for the review of the application up to the effective date of
  the final rule will be determined at the professional rates in effect
  when the service was provided.
* * * * * * *
\4\ Imports only of major components for end-use at NRC-licensed
  reactors are authorized under NRC general import license in 10 CFR
  110.27.
* * * * * * *

0
6. In Sec.  170.31, revise the table to read as follows:


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

* * * * *

                       Schedule of Materials Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type of fees
                      \1\                              Fee \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material \11\:
    A. (1) Licenses for possession and use of U-
     235 or plutonium for fuel fabrication
     activities.
        (a) Strategic Special Nuclear Material   Full Cost.
         (High Enriched Uranium) [Program
         Code(s): 21213].
        (b) Low Enriched Uranium in Dispersible  Full Cost.
         Form Used for Fabrication of Power
         Reactor Fuel [Program Code(s): 21210].
    (2) All other special nuclear materials
     licenses not included in Category 1.A. (1)
     which are licensed for fuel cycle
     activities.
        (a) Facilities with limited operations   Full Cost.
         [Program Code(s): 21240, 21310, 21320].
        (b) Gas centrifuge enrichment            Full Cost.
         demonstration facilities [Program
         Code(s): 21205].
        (c) Others, including hot cell           Full Cost.
         facilities [Program Code(s): 21130,
         21133].
    B. Licenses for receipt and storage of       Full Cost.
     spent fuel and reactor-related Greater
     than Class C (GTCC) waste at an
     independent spent fuel storage
     installation (ISFSI) [Program Code(s):
     23200].
    C. Licenses for possession and use of
     special nuclear material of less than a
     critical mass as defined in Sec.   70.4 in
     sealed sources contained in devices used
     in industrial measuring systems, including
     x-ray fluorescence analyzers.\4\
        Application [Program Code(s): 22140]...  $1,200.

[[Page 3423]]

 
    D. All other special nuclear material
     licenses, except licenses authorizing
     special nuclear material in sealed or
     unsealed form in combination that would
     constitute a critical mass, as defined in
     Sec.   70.4 of this chapter, for which the
     licensee shall pay the same fees as those
     under Category 1.A.\4\
        Application [Program Code(s): 22110,     $2,500.
         22111, 22120, 22131, 22136, 22150,
         22151, 22161, 22170, 23100, 23300,
         23310].
    E. Licenses or certificates for              Full Cost.
     construction and operation of a uranium
     enrichment facility [Program Code(s):
     21200].
    F. Licenses for possession and use of        Full Cost.
     special nuclear material greater than
     critical mass as defined in Sec.   70.4 of
     this chapter, for development and testing
     of commercial products, and other non-fuel-
     cycle activities.\4\ [ [Program Code(s):
     22155].
2. Source material \11\:
    A. (1) Licenses for possession and use of    Full Cost.
     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(s): 11400].
        (2) Licenses for possession and use of
         source material in recovery operations
         such as milling, in-situ recovery,
         heap-leaching, ore buying stations,
         ion-exchange facilities, and in
         processing of ores containing source
         material for extraction of metals
         other than uranium or thorium,
         including licenses authorizing the
         possession of byproduct waste material
         (tailings) from source material
         recovery operations, as well as
         licenses authorizing the possession
         and maintenance of a facility in a
         standby mode.
            (a) Conventional and Heap Leach      Full Cost.
             facilities [Program Code(s):
             11100].
            (b) Basic In Situ Recovery           Full Cost.
             facilities [Program Code(s):
             11500].
            (c) Expanded In Situ Recovery        Full Cost.
             facilities [Program Code(s):
             11510].
            (d) In Situ Recovery Resin           Full Cost.
             facilities [Program Code(s):
             11550].
            (e) Resin Toll Milling facilities    Full Cost.
             [Program Code(s): 11555].
            (f) Other facilities [Program        Full Cost.
             Code(s): 11700].
        (3) Licenses that authorize the receipt  Full Cost.
         of byproduct material, as defined in
         Section 11e.(2) of the Atomic Energy
         Act, from other persons for possession
         and disposal, except those licenses
         subject to the fees in Category
         2.A.(2) or Category 2.A.(4) [Program
         Code(s): 11600, 12000].
        (4) Licenses that authorize the receipt  Full Cost.
         of byproduct material, as defined in
         Section 11e.(2) of the Atomic Energy
         Act, from other persons for possession
         and disposal incidental to the
         disposal of the uranium waste tailings
         generated by the licensee's milling
         operations, except those licenses
         subject to the fees in Category
         2.A.(2) [Program Code(s): 12010].
        (5) Licenses that authorize the          Full Cost.
         possession of source material related
         to removal of contaminants (source
         material) from drinking water [Program
         Code(s): 11820].
    B. Licenses which authorize the possession,
     use, and/or installation of source
     material for shielding.\6\ \7\ \8\
        Application [Program Code(s): 11210]...  $1,200.
    C. Licenses to distribute items containing
     source material to persons exempt from the
     licensing requirements of part 40 of this
     chapter.
        Application [Program Code(s): 11240]...  $2,200.
    D. Licenses to distribute source material
     to persons generally licensed under part
     40 of this chapter.
        Application [Program Code(s): 11230,     $2,700.
         11231].
    E. Licenses for possession and use of
     source material for processing or
     manufacturing of products or materials
     containing source material for commercial
     distribution.
        Application [Program Code(s): 11710]...  $2,600.
    F. All other source material licenses.
        Application [Program Code(s): 11200,     $2,600.
         11220, 11221, 11300, 11800, 11810].
3. Byproduct material \11\:
    A. Licenses of broad scope for the
     possession and use of byproduct material
     issued under parts 30 and 33 of this
     chapter for processing or manufacturing of
     items containing byproduct material for
     commercial distribution. Number of
     locations of use: 1-5.
        Application [Program Code(s): 03211,     $12,600.
         03212, 03213].
        (1). Licenses of broad scope for the
         possession and use of byproduct
         material issued under parts 30 and 33
         of this chapter for processing or
         manufacturing of items containing
         byproduct material for commercial
         distribution. Number of locations of
         use: 6-20.
            Application [Program Code(s):        $16,800.
             03211, 03212, 03213].
        (2). Licenses of broad scope for the
         possession and use of byproduct
         material issued under parts 30 and 33
         of this chapter for processing or
         manufacturing of items containing
         byproduct material for commercial
         distribution. Number of locations of
         use: more than 20.
            Application [Program Code(s):        $21,000.
             03211, 03212, 03213].
    B. Other licenses for possession and use of
     byproduct material issued under part 30 of
     this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution. Number of locations of use:
     1-5.
        Application [Program Code(s): 03214,     $3,500.
         03215, 22135, 22162].
        (1). Other licenses for possession and
         use of byproduct material issued under
         part 30 of this chapter for processing
         or manufacturing of items containing
         byproduct material for commercial
         distribution. Number of locations of
         use: 6-20.
            Application [Program Code(s):        $4,600.
             03214, 03215, 22135, 22162].
        (2). Other licenses for possession and
         use of byproduct material issued under
         part 30 of this chapter for processing
         or manufacturing of items containing
         byproduct material for commercial
         distribution. Number of locations of
         use: more than 20.
            Application [Program Code(s):        $5,800.
             03214, 03215, 22135, 22162].
    C. Licenses issued under Sec.  Sec.   32.72
     and/or 32.74 of this chapter that
     authorize the processing or manufacturing
     and distribution or redistribution of
     radiopharmaceuticals, generators, reagent
     kits, and/or sources and devices
     containing byproduct material. This
     category does not apply to licenses issued
     to nonprofit educational institutions
     whose processing or manufacturing is
     exempt under Sec.   170.11(a)(4). Number
     of locations of use: 1-5.
        Application [Program Code(s): 02500,     $5,100.
         02511, 02513].

[[Page 3424]]

 
        (1). Licenses issued under Sec.  Sec.
         32.72 and/or 32.74 of this chapter
         that authorize the processing or
         manufacturing and distribution or
         redistribution of
         radiopharmaceuticals, generators,
         reagent kits, and/or sources and
         devices containing byproduct material.
         This category does not apply to
         licenses issued to nonprofit
         educational institutions whose
         processing or manufacturing is exempt
         under Sec.   170.11(a)(4). Number of
         locations of use: 6-20.
            Application [Program Code(s):        $6,700.
             02500, 02511, 02513].
        (2). Licenses issued under Sec.  Sec.
         32.72 and/or 32.74 of this chapter
         that authorize the processing or
         manufacturing and distribution or
         redistribution of
         radiopharmaceuticals, generators,
         reagent kits, and/or sources and
         devices containing byproduct material.
         This category does not apply to
         licenses issued to nonprofit
         educational institutions whose
         processing or manufacturing is exempt
         under Sec.   170.11(a)(4). Number of
         locations of use: more than 20.
            Application [Program Code(s):        $8,400.
             02500, 02511, 02513].
    D. [Reserved]..............................  N/A.
    E. Licenses for possession and use of
     byproduct material in sealed sources for
     irradiation of materials in which the
     source is not removed from its shield
     (self-shielded units).
        Application [Program Code(s): 03510,     $3,100.
         03520].
    F. Licenses for possession and use of less
     than or equal to 10,000 curies of
     byproduct material in sealed sources for
     irradiation of materials in which the
     source is exposed for irradiation
     purposes. This category also includes
     underwater irradiators for irradiation of
     materials where the source is not exposed
     for irradiation purposes.
        Application [Program Code(s): 03511]...  $6,300.
    G. Licenses for possession and use of
     greater than 10,000 curies of byproduct
     material in sealed sources for irradiation
     of materials in which the source is
     exposed for irradiation purposes. This
     category also includes underwater
     irradiators for irradiation of materials
     where the source is not exposed for
     irradiation purposes.
        Application [Program Code(s): 03521]...  $60,300.
    H. Licenses issued under subpart A of part
     32 of this chapter to distribute items
     containing byproduct material that require
     device review to persons exempt from the
     licensing requirements of part 30 of this
     chapter. The category does not include
     specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     exempt from the licensing requirements of
     part 30 of this chapter.
        Application [Program Code(s): 03254,     $6,500.
         03255, 03257].
    I. Licenses issued under subpart A of part
     32 of this chapter to distribute items
     containing byproduct material or
     quantities of byproduct material that do
     not require device evaluation to persons
     exempt from the licensing requirements of
     part 30 of this chapter. This category
     does not include specific licenses
     authorizing redistribution of items that
     have been authorized for distribution to
     persons exempt from the licensing
     requirements of part 30 of this chapter.
        Application [Program Code(s): 03250,     $9,700.
         03251, 03252, 03253, 03256].
    J. Licenses issued under subpart B of part
     32 of this chapter to distribute items
     containing byproduct material that require
     sealed source and/or device review to
     persons generally licensed under part 31
     of this chapter. This category does not
     include specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     generally licensed under part 31 of this
     chapter.
        Application [Program Code(s): 03240,     $1,900.
         03241, 03243].
    K. Licenses issued under subpart B of part
     32 of this chapter to distribute items
     containing byproduct material or
     quantities of byproduct material that do
     not require sealed source and/or device
     review to persons generally licensed under
     part 31 of this chapter. This category
     does not include specific licenses
     authorizing redistribution of items that
     have been authorized for distribution to
     persons generally licensed under part 31
     of this chapter.
        Application [Program Code(s): 03242,     $1,100.
         03244].
    L. Licenses of broad scope for possession
     and use of byproduct material issued under
     parts 30 and 33 of this chapter for
     research and development that do not
     authorize commercial distribution. Number
     of locations of use: 1-5.
        Application [Program Code(s): 01100,     $5,300.
         01110, 01120, 03610, 03611, 03612,
         03613, 04610, 04611, 04612, 04613,
         04614, 04615, 04616, 04617, 04618,
         04619, 04620, 04621, 04622, 04623].
        (1) Licenses of broad scope for
         possession and use of byproduct
         material issued under parts 30 and 33
         of this chapter for research and
         development that do not authorize
         commercial distribution. Number of
         locations of use: 6-20.
            Application [Program Code(s):        $7,100.
             01100, 01110, 01120, 03610, 03611,
             03612, 03613, 04610, 04611, 04612,
             04613, 04614, 04615, 04616, 04617,
             04618, 04619, 04620, 04621, 04622,
             04623].
        (2) Licenses of broad scope for
         possession and use of byproduct
         material issued under parts 30 and 33
         of this chapter for research and
         development that do not authorize
         commercial distribution. Number of
         locations of use: more than 20.
            Application [Program Code(s):        $8,800.
             01100, 01110, 01120, 03610, 03611,
             03612, 03613, 04610, 04611, 04612,
             04613, 04614, 04615, 04616, 04617,
             04618, 04619, 04620, 04621, 04622,
             04623].
    M. Other licenses for possession and use of
     byproduct material issued under part 30 of
     this chapter for research and development
     that do not authorize commercial
     distribution.
        Application [Program Code(s): 03620]...  $6,900.
    N. Licenses that authorize services for
     other licensees, except:
        (1) Licenses that authorize only
         calibration and/or leak testing
         services are subject to the fees
         specified in fee Category 3.P.; and
        (2) Licenses that authorize waste
         disposal services are subject to the
         fees specified in fee Categories 4.A.,
         4.B., and 4.C.
            Application [Program Code(s):        $7,100.
             03219, 03225, 03226].
    O. Licenses for possession and use of
     byproduct material issued under part 34 of
     this chapter for industrial radiography
     operations. Number of locations of use: 1-
     5.
        Application [Program Code(s): 03310,     $3,100.
         03320].
        (1). Licenses for possession and use of
         byproduct material issued under part
         34 of this chapter for industrial
         radiography operations. Number of
         locations of use: 6-20.
            Application [Program Code(s):        $4,100.
             03310, 03320].

[[Page 3425]]

 
        (2). Licenses for possession and use of
         byproduct material issued under part
         34 of this chapter for industrial
         radiography operations. Number of
         locations of use: more than 20.
            Application [Program Code(s):        $5,100.
             03310, 03320].
    P. All other specific byproduct material
     licenses, except those in Categories 4.A.
     through 9.D.\9\ Number of locations of
     use: 1-5.
        Application [Program Code(s): 02400,     $3,300.
         02410, 03120, 03121, 03122, 03123,
         03124, 03130, 03140, 03220, 03221,
         03222, 03800, 03810, 22130].
        (1). All other specific byproduct
         material licenses, except those in
         Categories 4.A. through 9.D.\9\ Number
         of locations of use: 6-20.
            Application [Program Code(s):        $4,500.
             02400, 02410, 03120, 03121, 03122,
             03123, 03124, 03130, 03140, 03220,
             03221, 03222, 03800, 03810, 22130].
        (2). All other specific byproduct
         material licenses, except those in
         Categories 4.A. through 9.D.\9\ Number
         of locations of use: more than 20.
            Application [Program Code(s):        $5,600.
             02400, 02410, 03120, 03121, 03122,
             03123, 03124, 03130, 03140, 03220,
             03221, 03222, 03800, 03810, 22130].
    Q. Registration of a device(s) generally     $700.
     licensed under part 31 of this chapter.
     Registration.
    R. Possession of items or products
     containing radium-226 identified in 10 CFR
     31.12 which exceed the number of items or
     limits specified in that section.\5\.
        1. Possession of quantities exceeding
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less than
         or equal to 10 times the number of
         items or limits specified.
            Application [Program Code(s):        $2,500.
             02700]..
        2. Possession of quantities exceeding
         10 times the number of items or limits
         specified in 10 CFR 31.12(a)(4), or
         (5).
            Application [Program Code(s):        $2,400.
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.
        Application [Program Code(s): 03210]...  $13,800.
4. Waste disposal and processing \11\:
    A. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the licensee;
     or licenses authorizing contingency
     storage of low-level radioactive waste at
     the site of nuclear power reactors; or
     licenses for receipt of waste from other
     persons for incineration or other
     treatment, packaging of resulting waste
     and residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material.
        Application [Program Code(s): 03231,     Full Cost.
         03233, 03236, 06100, 06101].
    B. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of packaging or repackaging the
     material. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the
     material.
        Application [Program Code(s): 03234]...  $6,700.
    C. Licenses specifically authorizing the
     receipt of prepackaged waste byproduct
     material, source material, or special
     nuclear material from other persons. The
     licensee will dispose of the material by
     transfer to another person authorized to
     receive or dispose of the material.
        Application [Program Code(s): 03232]...  $4,900.
5. Well logging \11\:
    A. Licenses for possession and use of
     byproduct material, source material, and/
     or special nuclear material for well
     logging, well surveys, and tracer studies
     other than field flooding tracer studies.
        Application [Program Code(s): 03110,     $4,500.
         03111, 03112].
    B. Licenses for possession and use of
     byproduct material for field flooding
     tracer studies.
        Licensing [Program Code(s): 03113].....  Full Cost.
6. Nuclear laundries \11\:
    A. Licenses for commercial collection and
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material.
        Application [Program Code(s): 03218]...  $21,500.
7. Medical licenses \11\:
    A. Licenses issued under parts 30, 35, 40,
     and 70 of this chapter for human use of
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in gamma stereotactic
     radiosurgery units, teletherapy devices,
     or similar beam therapy devices. Number of
     locations of use: 1-5.
        Application [Program Code(s): 02300,     $10,800.
         02310].
        (1). Licenses issued under parts 30,
         35, 40, and 70 of this chapter for
         human use of byproduct material,
         source material, or special nuclear
         material in sealed sources contained
         in gamma stereotactic radiosurgery
         units, teletherapy devices, or similar
         beam therapy devices. Number of
         locations of use: 6-20.
            Application [Program Code(s):        $14,400.
             02300, 02310].
        (2). Licenses issued under parts 30,
         35, 40, and 70 of this chapter for
         human use of byproduct material,
         source material, or special nuclear
         material in sealed sources contained
         in gamma stereotactic radiosurgery
         units, teletherapy devices, or similar
         beam therapy devices. Number of
         locations of use: more than 20.
            Application [Program Code(s):        $17,900.
             02300, 02310].
    B. Licenses of broad scope issued to
     medical institutions or two or more
     physicians under parts 30, 33, 35, 40, and
     70 of this chapter authorizing research
     and development, including human use of
     byproduct material, except licenses for
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in teletherapy devices. This
     category also includes the possession and
     use of source material for shielding when
     authorized on the same license.\10\ Number
     of locations of use: 1-5.
        Application [Program Code(s): 02110]...  $8,400.

[[Page 3426]]

 
        (1). Licenses of broad scope issued to
         medical institutions or two or more
         physicians under parts 30, 33, 35, 40,
         and 70 of this chapter authorizing
         research and development, including
         human use of byproduct material,
         except licenses for byproduct
         material, source material, or special
         nuclear material in sealed sources
         contained in teletherapy devices. This
         category also includes the possession
         and use of source material for
         shielding when authorized on the same
         license.\10\ Number of locations of
         use: 6-20.
            Application [Program Code(s):        $11,200.
             02110].
        (2). Licenses of broad scope issued to
         medical institutions or two or more
         physicians under parts 30, 33, 35, 40,
         and 70 of this chapter authorizing
         research and development, including
         human use of byproduct material,
         except licenses for byproduct
         material, source material, or special
         nuclear material in sealed sources
         contained in teletherapy devices. This
         category also includes the possession
         and use of source material for
         shielding when authorized on the same
         license.\ 10\ Number of locations of
         use: more than 20.
            Application [Program Code(s):        $14,000.
             02110].
    C. Other licenses issued under parts 30,
     35, 40, and 70 of this chapter for human
     use of byproduct material, source
     material, and/or special nuclear material,
     except licenses for byproduct material,
     source material, or special nuclear
     material in sealed sources contained in
     teletherapy devices.
        Application [Program Code(s): 02120,     $5,400.
         02121, 02200, 02201, 02210, 02220,
         02230, 02231, 02240, 22160].
8. Civil defense \11\:
    A. Licenses for possession and use of
     byproduct material, source material, or
     special nuclear material for civil defense
     activities.
        Application [Program Code(s): 03710]...  $2,500.
9. Device, product, or sealed source safety
 evaluation:
    A. Safety evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel devices, for
     commercial distribution.
        Application--each device...............  $5,300.
    B. Safety evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material
     manufactured in accordance with the unique
     specifications of, and for use by, a
     single applicant, except reactor fuel
     devices.
        Application--each device...............  $8,800.
    C. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel, for commercial
     distribution.
        Application--each source...............  $5,100.
    D. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a
     single applicant, except reactor fuel.
        Application--each source...............  $1,030.
10. Transportation of radioactive material:
    A. Evaluation of casks, packages, and
     shipping containers.
        1. Spent Fuel, High-Level Waste, and     Full Cost.
         plutonium air packages.
        2. Other Casks.........................  Full Cost.
    B. Quality assurance program approvals
     issued under part 71 of this chapter.
        1. Users and Fabricators.
            Application........................  $4,100.
            Inspections........................  Full Cost.
        2. Users.
            Application........................  $4,100.
            Inspections........................  Full Cost.
    C. Evaluation of security plans, route       Full Cost.
     approvals, route surveys, and
     transportation security devices (including
     immobilization devices).
11. Review of standardized spent fuel            Full Cost.
 facilities.
12. Special projects: Including approvals, pre-
 application/licensing activities, and
 inspections.
    Application [Program Code: 25110]..........  Full Cost.
13. A. Spent fuel storage cask Certificate of    Full Cost.
 Compliance.
    B. Inspections related to storage of spent   Full Cost.
     fuel under Sec.   72.210 of this chapter.
14. Decommissioning/Reclamation \11\:
    A. Byproduct, source, or special nuclear     Full Cost.
     material licenses and other approvals
     authorizing decommissioning,
     decontamination, reclamation, or site
     restoration activities under parts 30, 40,
     70, 72, and 76 of this chapter, including
     master materials licenses (MMLs). The
     transition to this fee category occurs
     when a licensee has permanently ceased
     principal activities. [Program Code(s):
     03900, 11900, 21135, 21215, 21240, 21325,
     22200].
    B. Site-specific decommissioning activities  Full Cost.
     associated with unlicensed sites,
     including MMLs, regardless of whether or
     not the sites have been previously
     licensed.
15. Import and Export licenses: Licenses issued
 under part 110 of this chapter for the import
 and export only of special nuclear material,
 source material, tritium and other byproduct
 material, and the export only of heavy water,
 or nuclear grade graphite (fee categories
 15.A. through 15.E.).
    A. Application for export or import of
     nuclear materials, including radioactive
     waste requiring Commission and Executive
     Branch review, for example, those actions
     under 10 CFR 110.40(b).
        Application--new license, or amendment;  $18,900.
         or license exemption request.
    B. Application for export or import of
     nuclear material, including radioactive
     waste, requiring Executive Branch review,
     but not Commission review. This category
     includes applications for the export and
     import of radioactive waste and requires
     the NRC to consult with domestic host
     state authorities (i.e., Low-Level
     Radioactive Waste Compact Commission, the
     U.S. Environmental Protection Agency,
     etc.).
        Application--new license, or amendment;  $9,500.
         or license exemption request.
    C. Application for export of nuclear
     material, for example, routine reloads of
     low enriched uranium reactor fuel and/or
     natural uranium source material requiring
     the assistance of the Executive Branch to
     obtain foreign government assurances.

[[Page 3427]]

 
        Application--new license, or amendment;  $4,600.
         or license exemption request.
    D. Application for export or import of
     nuclear material not requiring Commission
     or Executive Branch review, or obtaining
     foreign government assurances.
        Application--new license, or amendment;  $4,600.
         or license exemption request.
    E. Minor amendment of any active export or
     import license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions which
     do not involve any substantive changes to
     license terms and conditions or to the
     type/quantity/chemical composition of the
     material authorized for export and,
     therefore, do not require in-depth
     analysis, review, or consultations with
     other Executive Branch, U.S. host state,
     or foreign government authorities.
            Minor amendment....................  $2,700.
Licenses issued under part 110 of this chapter
 for the import and export only of Category 1
 and Category 2 quantities of radioactive
 material listed in appendix P to part 110 of
 this chapter (fee categories 15.F. through
 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
 Exports:
    F. Application for export of appendix P
     Category 1 materials requiring Commission
     review (e.g. exceptional circumstance
     review under 10 CFR 110.42(e)(4)) and to
     obtain one government-to-government
     consent for this process. For additional
     consent see fee category 15.I.
        Application--new license, or amendment;  $14,900.
         or license exemption request.
    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 fee category
     15.I.
        Application--new license, or amendment;  $8,100.
         or license exemption request.
    H. Application for export of appendix P
     Category 1 materials and to obtain one
     government-to-government consent for this
     process. For additional consents see fee
     category 15.I.
        Application--new license, or amendment;  $4,100.
         or license exemption request.
    I. Requests for each additional government-
     to-government consent in support of an
     export license application or active
     export license.
        Application--new license, or amendment;  $300.
         or license exemption request.
Category 2 (Appendix P, 10 CFR Part 110)
 Exports:
    J. Application for export of appendix P
     Category 2 materials requiring Commission
     review (e.g. exceptional circumstance
     review under 10 CFR 110.42(e)(4)).
        Application--new license, or amendment;  $14,900.
         or license exemption request.
    K. Applications for export of appendix P
     Category 2 materials requiring Executive
     Branch review.
        Application--new license, or amendment;  $8,100.
         or license exemption request.
    L. Application for the export of Category 2
     materials.
        Application--new license, or amendment;  $3,200.
         or license exemption request.
    M. [Reserved]..............................  N/A.
    N. [Reserved]..............................  N/A.
    O. [Reserved]..............................  N/A.
    P. [Reserved]..............................  N/A.
    Q. [Reserved]..............................  N/A.
Minor Amendments (Category 1 and 2, Appendix P,
 10 CFR Part 110, Export):
    R. Minor amendment of any active export      $1,400.
     license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions which
     do not involve any substantive changes to
     license terms and conditions or to the
     type/quantity/chemical composition of the
     material authorized for export and,
     therefore, do not require in-depth
     analysis, review, or consultations with
     other Executive Branch, U.S. host state,
     or foreign authorities. Minor amendment.
16. Reciprocity: Agreement State licensees who
 conduct activities under the reciprocity
 provisions of 10 CFR 150.20.
    Application................................  $1,800.
17. Master materials licenses of broad scope
 issued to Government agencies.
    Application [Program Code(s): 03614].......  Full Cost.
18. Department of Energy.
    A. Certificates of Compliance. Evaluation    Full Cost.
     of casks, packages, and shipping
     containers (including spent fuel, high-
     level waste, and other casks, and
     plutonium air packages).
    B. Uranium Mill Tailings Radiation Control   Full Cost.
     Act (UMTRCA) activities.
------------------------------------------------------------------------
 \1\Types of fees--Separate charges, as shown in the schedule, will be
  assessed for pre-application 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
  charges:
 (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.
 (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, pre-application
  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.
  170.12(b).
 (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.   170.12(c).

[[Page 3428]]

 
 (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
  9.D.
\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.
\4\ Licensees paying fees under categories 1.A., 1.B., and 1.E. are not
  subject to fees under categories 1.C., 1.D. and 1.F. for sealed
  sources authorized in the same license, except for an application that
  deals only with the sealed sources authorized by the license.
\5\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\6\ Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or
  2.A. must pay the largest applicable fee and are not subject to
  additional fees listed in this table.
\7\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\9\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P. for calibration or leak testing services authorized on the
  same license.
\10\ Licensees paying fees under 7.B. are not subject to paying fees
  under 7.C. for broad scope licenses issued under parts 30, 35, 40, and
  70 of this chapter for human use of byproduct material, source
  material, and/or special nuclear material, except licenses for
  byproduct material, source material, or special nuclear material in
  sealed sources contained in teletherapy devices authorized on the same
  license.
\11\ A materials license (or part of a materials license) that
  transitions to fee category 14.A is assessed full-cost fees under 10
  CFR part 170, but is not assessed an annual fee under 10 CFR part 171.
  If only part of a materials license is transitioned to fee category
  14.A, the licensee may be charged annual fees (and any applicable 10
  CFR part 170 fees) for other activities authorized under the license
  that are not in decommissioning status.

PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES 
AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF 
COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS 
AND GOVERNMENT AGENCIES LICENSED BY THE NRC

0
7. The authority citation for part 171 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 11, 161(w), 223, 
234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act 
of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 44 U.S.C. 3504 
note.

0
8. In Sec.  171.3, revise the last sentence to read as follows:


Sec.  171.3   Scope.

    * * * Notwithstanding the other provisions in this section, the 
regulations in this part do not apply to uranium recovery and fuel 
facility licensees until after the Commission verifies through 
inspection that the facility has been constructed in accordance with 
the requirements of the license.


Sec.  171.5   [Amended]

0
9. In Sec.  171.5, remove the definition of Overhead and general and 
administrative costs.
0
10. In Sec.  171.15, revise paragraphs (b)(1), (b)(2) introductory 
text, (c)(1), (c)(2) introductory text, (d)(1) introductory text, 
(d)(2) and (3), and (f) to read as follows:


Sec.  171.15   Annual fees: Reactor licenses and independent spent fuel 
storage licenses.

* * * * *
    (b)(1) The FY 2018 annual fee for each operating power reactor that 
must be collected by September 30, 2018, is $4,559,000.
    (2) The FY 2018 annual fees are comprised of a base annual fee for 
power reactors licensed to operate, a base spent fuel storage/reactor 
decommissioning annual fee, and associated additional charges (fee-
relief adjustment). The activities comprising the spent fuel storage/
reactor decommissioning base annual fee are shown in paragraphs 
(c)(2)(i) and (ii) of this section. The activities comprising the FY 
2018 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2018 base annual fee for 
operating power reactors are as follows:
* * * * *
    (c)(1) The FY 2018 annual fee for each power reactor holding a 10 
CFR part 50 license that is in a decommissioning or possession-only 
status and has spent fuel onsite, and for each independent spent fuel 
storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 
license, is $225,000.
    (2) The FY 2018 annual fee is comprised of a base spent fuel 
storage/reactor decommissioning annual fee (which is also included in 
the operating power reactor annual fee shown in paragraph (b) of this 
section) and a fee-relief adjustment. The activities comprising the FY 
2018 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2018 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
    (d)(1) The fee-relief adjustment allocated to annual fees includes 
a surcharge for the activities listed in paragraph (d)(1)(i) of this 
section, plus the amount remaining after total budgeted resources for 
the activities included in paragraphs (d)(1)(ii) and (iii) of this 
section are reduced by the appropriations the NRC receives for these 
types of activities. If the NRC's appropriations for these types of 
activities are greater than the budgeted resources for the activities 
included in paragraphs (d)(1)(ii) and (iii) of this section for a given 
fiscal year, annual fees will be reduced. The activities comprising the 
FY 2018 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2018 fee-relief adjustment allocated to the 
operating power reactor class of licenses is a $5,761,255 fee-relief 
surcharge, not including the amount allocated to the spent fuel 
storage/reactor decommissioning class. The FY 2018 operating power 
reactor fee-relief adjustment to be assessed to each operating power 
reactor is approximately a $58,195 fee-relief surcharge. This amount is 
calculated by dividing the total operating power reactor fee-relief 
surplus adjustment, $5,761,255, by the number of operating power 
reactors (99).
    (3) The FY 2018 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a $225,000 fee-
relief surcharge. The FY 2018 spent fuel storage/reactor 
decommissioning fee relief adjustment to be assessed to each operating 
power reactor, each power reactor in decommissioning or

[[Page 3429]]

possession-only status that has spent fuel onsite, and to each 
independent spent fuel storage 10 CFR part 72 licensee who does not 
hold a 10 CFR part 50 license, is a $1,844 fee-relief assessment. This 
amount is calculated by dividing the total fee-relief adjustment costs 
allocated to this class by the total number of power reactors licenses, 
except those that permanently ceased operations and have no fuel 
onsite, and 10 CFR part 72 licensees who do not hold a 10 CFR part 50 
license.
* * * * *
    (f) The FY 2018 annual fees for licensees authorized to operate a 
research or test (non-power) reactor licensed under 10 CFR part 50, 
unless the reactor is exempted from fees under Sec.  171.11(a), are as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Research reactor..............................................   $81,300
Test reactor..................................................    81,300
------------------------------------------------------------------------

0
11. In Sec.  171.16, revise paragraphs (a)(2), (d), and (e) 
introductory text 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.

    (a) * * *
    (2) Notwithstanding the other provisions in this section, the 
regulations in this part do not apply to uranium recovery and fuel 
facility licensees until after the Commission verifies through 
inspection that the facility has been constructed in accordance with 
the requirements of the license.
* * * * *
    (d) The FY 2018 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2018 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2018 annual fees for materials licensees 
and holders of certificates, registrations, or approvals subject to 
fees under this section are shown in the following table:

   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          $7,726,000
         Enriched Uranium) [Program Code(s): 21130].....
        (b) Low Enriched Uranium in Dispersible Form           2,799,000
         Used for Fabrication of Power Reactor Fuel
         [Program Code(s): 21210].......................
    (2) All other special nuclear materials licenses not
     included in Category 1.A.(1) which are licensed for
     fuel cycle activities.
        (a) Facilities with limited operations [Program              N/A
         Code(s): 21310, 21320].........................
        (b) Gas centrifuge enrichment demonstration                  N/A
         facilities.....................................
        (c) Others, including hot cell facilities.......             N/A
    B. Licenses for receipt and storage of spent fuel           \11\ N/A
     and reactor-related Greater than Class C (GTCC)
     waste at an independent spent fuel storage
     installation (ISFSI) [Program Code(s): 23200]......
    C. Licenses for possession and use of special                  3,000
     nuclear material of less than a critical mass, as
     defined in Sec.   70.4 of this chapter, in sealed
     sources contained in devices used in industrial
     measuring systems, including x-ray fluorescence
     analyzers. [Program Code(s): 22140]................
    D. All other special nuclear material licenses,                8,400
     except licenses authorizing special nuclear
     material in sealed or unsealed form in combination
     that would constitute a critical mass, as defined
     in Sec.   70.4 of this chapter, for which the
     licensee shall pay the same fees as those under
     Category 1.A. [Program Code(s): 22110, 22111,
     22120, 22131, 22136, 22150, 22151, 22161, 22170,
     23100, 23300, 23310]...............................
    E. Licenses or certificates for the operation of a         3,695,000
     uranium enrichment facility [Program Code(s):
     21200].............................................
    F. Licenses for possession and use of special                  6,400
     nuclear materials greater than critical mass, as
     defined in Sec.   70.4 of this chapter, for
     development and testing of commercial products, and
     other non-fuel cycle activities.\4\ [Program Code:
     22155].............................................
2. Source material:
    A. (1) Licenses for possession and use of source           1,596,000
     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]................
        (2) Licenses for possession and use of source
         material in recovery operations such as
         milling, in-situ recovery, heap-leaching, ore
         buying stations, ion-exchange facilities and in-
         processing of ores containing source material
         for extraction of metals other than uranium or
         thorium, including licenses authorizing the
         possession of byproduct waste material
         (tailings) from source material recovery
         operations, as well as licenses authorizing the
         possession and maintenance of a facility in a
         standby mode.
            (a) Conventional and Heap Leach facilities            38,800
             [Program Code(s): 11100]...................
            (b) Basic In Situ Recovery facilities                 49,200
             [Program Code(s): 11500]...................
            (c) Expanded In Situ Recovery facilities              55,600
             [Program Code(s): 11510]...................
            (d) In Situ Recovery Resin facilities                \5\ N/A
             [Program Code(s): 11550]...................
            (e) Resin Toll Milling facilities [Program           \5\ N/A
             Code(s): 11555]............................
        (3) Licenses that authorize the receipt of               \5\ N/A
         byproduct material, as defined in Section
         11e.(2) of the Atomic Energy Act, from other
         persons for possession and disposal, except
         those licenses subject to the fees in Category
         2.A.(2) or Category 2.A.(4) [Program Code(s):
         11600, 12000]..................................
        (4) Licenses that authorize the receipt of                22,000
         byproduct material, as defined in Section
         11e.(2) of the Atomic Energy Act, from other
         persons for possession and disposal incidental
         to the disposal of the uranium waste tailings
         generated by the licensee's milling operations,
         except those licenses subject to the fees in
         Category 2.A.(2) [Program Code(s): 12010]......
        (5) Licenses that authorize the possession of              6,500
         source material related to removal of
         contaminants (source material) from drinking
         water [Program Code(s): 11820].................
    B. Licenses that authorize possession, use, and/or             3,300
     installation of source material for shielding.15 16
     17 20 [Program Code: 11210]........................
    C. Licenses to distribute items containing source              5,500
     material to persons exempt from the licensing
     requirements of part 40 of this chapter. [Program
     Code: 11240].......................................
    D. Licenses to distribute source material to persons           6,400
     generally licensed under part 40 of this chapter
     [Program Code(s): 11230 and 11231].................

[[Page 3430]]

 
    E. Licenses for possession and use of source                   7,800
     material for processing or manufacturing of
     products or materials containing source material
     for commercial distribution. [Program Code: 11710].
    F. All other source material licenses. [Program               10,300
     Code(s): 11200, 11220, 11221, 11300, 11800, 11810].
3. Byproduct material:
    A. Licenses of broad scope for possession and use of          32,800
     byproduct material issued under parts 30 and 33 of
     this chapter for processing or manufacturing of
     items containing byproduct material for commercial
     distribution. Number of locations of use: 1-5.
     [Program Code(s): 03211, 03212, 03213].............
        (1). Licenses of broad scope for the possession           43,200
         and use of byproduct material issued under
         parts 30 and 33 of this chapter for processing
         or manufacturing of items containing byproduct
         material for commercial distribution. Number of
         locations of use: 6-20. [Program Code(s):
         03211, 03212, 03213]...........................
        (2). Licenses of broad scope for the possession           53,800
         and use of byproduct material issued under
         parts 30 and 33 of this chapter for processing
         or manufacturing of items containing byproduct
         material for commercial distribution. Number of
         locations of use: More than 20. [Program
         Code(s): 03211, 03212, 03213]..................
    B. Other licenses for possession and use of                   12,700
     byproduct material issued under part 30 of this
     chapter for processing or manufacturing of items
     containing byproduct material for commercial
     distribution. Number of locations of use: 1-5.
     [Program Code(s): 03214, 03215, 22135, 22162]......
        (1). Other licenses for possession and use of             16,400
         byproduct material issued under part 30 of this
         chapter for processing or manufacturing of
         items containing byproduct material for
         commercial distribution. Number of locations of
         use: 6-20. [Program Code(s): 03214, 03215,
         22135, 22162]..................................
        (2). Other licenses for possession and use of             20,300
         byproduct material issued under part 30 of this
         chapter for processing or manufacturing of
         items containing byproduct material for
         commercial distribution. Number of locations of
         use: More than 20. [Program Code(s): 03214,
         03215, 22135, 22162]...........................
    C. Licenses issued under Sec.  Sec.   32.72 and/or            12,900
     32.74 of this chapter that authorize the processing
     or manufacturing and distribution or redistribution
     of radiopharmaceuticals, generators, reagent kits,
     and/or sources and devices containing byproduct
     material. This category does not apply to licenses
     issued to nonprofit educational institutions whose
     processing or manufacturing is exempt under Sec.
     170.11(a)(4). Number of locations of use: 1-5.
     [Program Code(s): 02500, 02511, 02513].............
        (1). Licenses issued under Sec.  Sec.   32.72             16,600
         and/or 32.74 of this chapter that authorize the
         processing or manufacturing and distribution or
         redistribution of radiopharmaceuticals,
         generators, reagent kits, and/or sources and
         devices containing byproduct material. This
         category does not apply to licenses issued to
         nonprofit educational institutions whose
         processing or manufacturing is exempt under
         Sec.   170.11(a)(4). Number of locations of
         use: 6-20. [Program Code(s): 02500, 02511,
         02513].........................................
        (2). Licenses issued under Sec.  Sec.   32.72             20,500
         and/or 32.74 of this chapter that authorize the
         processing or manufacturing and distribution or
         redistribution of radiopharmaceuticals,
         generators, reagent kits, and/or sources and
         devices containing byproduct material. This
         category does not apply to licenses issued to
         nonprofit educational institutions whose
         processing or manufacturing is exempt under
         Sec.   170.11(a)(4). Number of locations of
         use: More than 20. [Program Code(s): 02500,
         02511, 02513]..................................
    D. [Reserved].......................................         \5\ N/A
    E. Licenses for possession and use of byproduct               10,500
     material in sealed sources for irradiation of
     materials in which the source is not removed from
     its shield (self-shielded units) [Program Code(s):
     03510, 03520]......................................
    F. Licenses for possession and use of less than or            11,700
     equal to 10,000 curies of byproduct material in
     sealed sources for irradiation of materials in
     which the source is exposed for irradiation
     purposes. This category also includes underwater
     irradiators for irradiation of materials in which
     the source is not exposed for irradiation purposes
     [Program Code(s): 03511]...........................
    G. Licenses for possession and use of greater than            96,700
     10,000 curies of byproduct material in sealed
     sources for irradiation of materials in which the
     source is exposed for irradiation purposes. This
     category also includes underwater irradiators for
     irradiation of materials in which the source is not
     exposed for irradiation purposes [Program Code(s):
     03521].............................................
    H. Licenses issued under subpart A of part 32 of              11,800
     this chapter to distribute items containing
     byproduct material that require device review to
     persons exempt from the licensing requirements of
     part 30 of this chapter, except specific licenses
     authorizing redistribution of items that have been
     authorized for distribution to persons exempt from
     the licensing requirements of part 30 of this
     chapter [Program Code(s): 03254, 03255, 03257].....
    I. Licenses issued under subpart A of part 32 of              16,500
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require device evaluation to
     persons exempt from the licensing requirements of
     part 30 of this chapter, except for specific
     licenses authorizing redistribution of items that
     have been authorized for distribution to persons
     exempt from the licensing requirements of part 30
     of this chapter [Program Code(s): 03250, 03251,
     03252, 03253, 03256]...............................
    J. Licenses issued under subpart B of part 32 of               4,400
     this chapter to distribute items containing
     byproduct material that require sealed source and/
     or device review to persons generally licensed
     under part 31 of this chapter, except specific
     licenses authorizing redistribution of items that
     have been authorized for distribution to persons
     generally licensed under part 31 of this chapter
     [Program Code(s): 03240, 03241, 03243].............
    K. Licenses issued under subpart B of part 32 of               3,200
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require sealed source and/or
     device review to persons generally licensed under
     part 31 of this chapter, except specific licenses
     authorizing redistribution of items that have been
     authorized for distribution to persons generally
     licensed under part 31 of this chapter [Program
     Code(s): 03242, 03244].............................
    L. Licenses of broad scope for possession and use of          16,000
     byproduct material issued under parts 30 and 33 of
     this chapter for research and development that do
     not authorize commercial distribution. Number of
     locations of use: 1-5. [Program Code(s): 01100,
     01110, 01120, 03610, 03611, 03612, 03613]..........
        (1) Licenses of broad scope for possession and            20,900
         use of product material issued under parts 30
         and 33 of this chapter for research and
         development that do not authorize commercial
         distribution. Number of locations of use: 6-20.
         [Program Code(s): 04610, 04612, 04614, 04616,
         04618, 04620, 04622]...........................

[[Page 3431]]

 
        (2) Licenses of broad scope for possession and            25,700
         use of byproduct material issued under parts 30
         and 33 of this chapter for research and
         development that do not authorize commercial
         distribution. Number of locations of use: More
         than 20. [Program Code(s): 04611, 04613, 04615,
         04617, 04619, 04621, 04623]....................
    M. Other licenses for possession and use of                   14,800
     byproduct material issued under part 30 of this
     chapter for research and development that do not
     authorize commercial distribution [Program Code(s):
     03620].............................................
    N. Licenses that authorize services for other                 19,200
     licensees, except: (1) Licenses that authorize only
     calibration and/or leak testing services are
     subject to the fees specified in fee Category 3.P.;
     and (2) Licenses that authorize waste disposal
     services are subject to the fees specified in fee
     categories 4.A., 4.B., and 4.C.\20\ [Program
     Code(s): 03219, 03225, 03226]......................
    O. Licenses for possession and use of byproduct               25,700
     material issued under part 34 of this chapter for
     industrial radiography operations. This category
     also includes the possession and use of source
     material for shielding authorized under part 40 of
     this chapter when authorized on the same license
     Number of locations of use: 1-5. [Program Code(s):
     03310, 03320]......................................
        (1). Licenses for possession and use of                   34,300
         byproduct material issued under part 34 of this
         chapter for industrial radiography operations.
         This category also includes the possession and
         use of source material for shielding authorized
         under part 40 of this chapter when authorized
         on the same license. Number of locations of
         use: 6-20. [Program Code(s): 03310, 03320].....
        (2). Licenses for possession and use of                   42,600
         byproduct material issued under part 34 of this
         chapter for industrial radiography operations.
         This category also includes the possession and
         use of source material for shielding authorized
         under part 40 of this chapter when authorized
         on the same license. Number of locations of
         use: More than 20. [Program Code(s): 03310,
         03320].........................................
    P. All other specific byproduct material licenses,             9,000
     except those in Categories 4.A. through 9.D.18 20
     Number of locations of use: 1-5. [Program Code(s):
     02400, 02410, 03120, 03121, 03122, 03123, 03124,
     03140, 03130, 03220, 03221, 03222, 03800, 03810,
     22130].............................................
        (1). All other specific byproduct material                12,000
         licenses, except those in Categories 4.A.
         through 9.D.18 20 Number of locations of use: 6-
         20. [Program Code(s): 02400, 02410, 03120,
         03121, 03122, 03123, 03124, 03140, 03130,
         03220, 03221, 03222, 03800, 03810, 22130]......
        (2). All other specific byproduct material                15,000
         licenses, except those in Categories 4.A.
         through 9.D.18 20 Number of locations of use:
         more than 20. [Program Code(s): 02400, 02410,
         03120, 03121, 03122, 03123, 03124, 03140,
         03130, 03220, 03221, 03222, 03800, 03810,
         22130].........................................
    Q. Registration of devices generally licensed under         \13\ N/A
     part 31 of this chapter............................
    R. Possession of items or products containing radium-
     226 identified in 10 CFR 31.12 which exceed the
     number of items or limits specified in that
     section: \14\
        (1). Possession of quantities exceeding the                7,400
         number of items or limits in 10 CFR
         31.12(a)(4), or (5) but less than or equal to
         10 times the number of items or limits
         specified [Program Code(s): 02700].............
        (2). Possession of quantities exceeding 10 times           7,700
         the number of items or limits specified in 10
         CFR 31.12(a)(4) or (5) [Program Code(s): 02710]
    S. Licenses for production of accelerator-produced            31,700
     radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt of          \5\ N/A
     waste byproduct material, source material, or
     special nuclear material from other persons for the
     purpose of contingency storage or commercial land
     disposal by the licensee; or licenses authorizing
     contingency storage of low-level radioactive waste
     at the site of nuclear power reactors; or licenses
     for receipt of waste from other persons for
     incineration or other treatment, packaging of
     resulting waste and residues, and transfer of
     packages to another person authorized to receive or
     dispose of waste material [Program Code(s): 03231,
     03233, 03235, 03236, 06100, 06101].................
    B. Licenses specifically authorizing the receipt of           20,400
     waste byproduct material, source material, or
     special nuclear material from other persons for the
     purpose of packaging or repackaging the material.
     The licensee will dispose of the material by
     transfer to another person authorized to receive or
     dispose of the material [Program Code(s): 03234]...
    C. Licenses specifically authorizing the receipt of           12,000
     prepackaged waste byproduct material, source
     material, or special nuclear material from other
     persons. The licensee will dispose of the material
     by transfer to another person authorized to receive
     or dispose of the material [Program Code(s): 03232]
5. Well logging:
    A. Licenses for possession and use of byproduct               15,600
     material, source material, and/or special nuclear
     material for well logging, well surveys, and tracer
     studies other than field flooding tracer studies
     [Program Code(s): 03110, 03111, 03112].............
    B. Licenses for possession and use of byproduct              \5\ N/A
     material for field flooding tracer studies.
     [Program Code(s): 03113]...........................
6. Nuclear laundries:
    A. Licenses for commercial collection and laundry of          38,900
     items contaminated with byproduct material, source
     material, or special nuclear material [Program
     Code(s): 03218]....................................
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40, and 70 of          21,700
     this chapter for human use of byproduct material,
     source material, or special nuclear material in
     sealed sources contained in gamma stereotactic
     radiosurgery units, teletherapy devices, or similar
     beam therapy devices. This category also includes
     the possession and use of source material for
     shielding when authorized on the same license.
     Number of locations of use: 1-5. [Program Code(s):
     02300, 02310]......................................
        (1). Licenses issued under parts 30, 35, 40, and          31,800
         70 of this chapter for human use of byproduct
         material, source material, or special nuclear
         material in sealed sources contained in gamma
         stereotactic radiosurgery units, teletherapy
         devices, or similar beam therapy devices. This
         category also includes the possession and use
         of source material for shielding when
         authorized on the same license. Number of
         locations of use: 6-20. [Program Code(s):
         02300, 02310]..................................

[[Page 3432]]

 
        (2). Licenses issued under parts 30, 35, 40, and          35,900
         70 of this chapter for human use of byproduct
         material, source material, or special nuclear
         material in sealed sources contained in gamma
         stereotactic radiosurgery units, teletherapy
         devices, or similar beam therapy devices. This
         category also includes the possession and use
         of source material for shielding when
         authorized on the same license. Number of
         locations of use: More than 20. [Program
         Code(s): 02300, 02310].........................
    B. Licenses of broad scope issued to medical                  32,700
     institutions or two or more physicians under parts
     30, 33, 35, 40, and 70 of this chapter authorizing
     research and development, including human use of
     byproduct material, except licenses for byproduct
     material, source material, or special nuclear
     material in sealed sources contained in teletherapy
     devices. This category also includes the possession
     and use of source material for shielding when
     authorized on the same license.\9\ Number of
     locations of use: 1-5. [Program Code(s): 02110]....
        (1). Licenses of broad scope issued to medical            43,100
         institutions or two or more physicians under
         parts 30, 33, 35, 40, and 70 of this chapter
         authorizing research and development, including
         human use of byproduct material, except
         licenses for byproduct material, source
         material, or special nuclear material in sealed
         sources contained in teletherapy devices. This
         category also includes the possession and use
         of source material for shielding when
         authorized on the same license.\9\ Number of
         locations of use: 6-20. [Program Code(s):
         02110].........................................
        (2). Licenses of broad scope issued to medical            53,300
         institutions or two or more physicians under
         parts 30, 33, 35, 40, and 70 of this chapter
         authorizing research and development, including
         human use of byproduct material, except
         licenses for byproduct material, source
         material, or special nuclear material in sealed
         sources contained in teletherapy devices. This
         category also includes the possession and use
         of source material for shielding when
         authorized on the same license.\9\ Number of
         locations of use: more than 20. [Program
         Code(s): 02110]................................
    C. Other licenses issued under parts 30, 35, 40, and          14,500
     70 of this chapter for human use of byproduct
     material, source material, and/or special nuclear
     material, except licenses for byproduct material,
     source material, or special nuclear material in
     sealed sources contained in teletherapy devices.
     This category also includes the possession and use
     of source material for shielding when authorized on
     the same license.9 19 [Program Code(s): 02120,
     02121, 02200, 02201, 02210, 02220, 02230, 02231,
     02240, 22160]......................................
8. Civil defense:
    A. Licenses for possession and use of byproduct                7,400
     material, source material, or special nuclear
     material for civil defense activities [Program
     Code(s): 03710]....................................
9. Device, product, or sealed source safety evaluation:
    A. Registrations issued for the safety evaluation of           7,800
     devices or products containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel devices, for commercial
     distribution.......................................
    B. Registrations issued for the safety evaluation of          12,900
     devices or products containing byproduct material,
     source material, or special nuclear material
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel devices.............
    C. Registrations issued for the safety evaluation of           7,500
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial distribution...
    D. Registrations issued for the safety evaluation of           1,500
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel.....................
10. Transportation of radioactive material:
    A. Certificates of Compliance or other package
     approvals issued for design of casks, packages, and
     shipping containers.
        1. Spent Fuel, High-Level Waste, and plutonium           \6\ N/A
         air packages...................................
        2. Other Casks..................................         \6\ N/A
    B. Quality assurance program approvals issued under
     part 71 of this chapter.
        1. Users and Fabricators........................         \6\ N/A
        2. Users........................................         \6\ N/A
    C. Evaluation of security plans, route approvals,            \6\ N/A
     route surveys, and transportation security devices
     (including immobilization devices).................
11. Standardized spent fuel facilities..................         \6\ N/A
12. Special Projects [Program Code(s): 25110]...........         \6\ N/A
13. A. Spent fuel storage cask Certificate of Compliance         \6\ N/A
    B. General licenses for storage of spent fuel under         \12\ N/A
     10 CFR 72.210......................................
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear material             7 21 0
     licenses and other approvals authorizing
     decommissioning, decontamination, reclamation, or
     site restoration activities under parts 30, 40, 70,
     72, and 76 of this chapter, including master
     materials licenses (MMLs). The transition to this
     fee category occurs when a licensee has permanently
     ceased principal activities. [Program Code(s):
     03900, 11900, 21135, 21215, 21240, 21325, 22200]...
    B. Site-specific decommissioning activities                  \7\ N/A
     associated with unlicensed sites, including MMLs,
     whether or not the sites have been previously
     licensed...........................................
15. Import and Export licenses..........................         \8\ N/A
16. Reciprocity.........................................         \8\ N/A
17. Master materials licenses of broad scope issued to           334,000
 Government agencies [Program Code(s): 03614]...........
18. Department of Energy:
    A. Certificates of Compliance.......................  \10\ 1,405,000

[[Page 3433]]

 
    B. Uranium Mill Tailings Radiation Control Act               188,000
     (UMTRCA) activities................................
------------------------------------------------------------------------
\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 of the current FY, 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.
\4\ Other facilities include licenses for extraction of metals, heavy
  metals, and rare earths.
\5\ There are no existing NRC licenses in these fee categories. If NRC
  issues a license for these categories, the Commission will consider
  establishing an annual fee for this type of license.
\6\ Standardized spent fuel facilities, 10 CFR parts 71 and 72
  Certificates of Compliance and related Quality Assurance program
  approvals, and special reviews, such as topical reports, are not
  assessed an annual fee because the generic costs of regulating these
  activities are primarily attributable to users of the designs,
  certificates, and topical reports.
\7\ Licensees in this category are not assessed an annual fee because
  they are charged an annual fee in other categories while they are
  licensed to operate.
\8\ No annual fee is charged because it is not practical to administer
  due to the relatively short life or temporary nature of the license.
\9\ Separate annual fees will not be assessed for pacemaker licenses
  issued to medical institutions that also hold nuclear medicine
  licenses under fee categories 7.A, 7.B. or 7.C.
\10\ This includes Certificates of Compliance issued to the U.S.
  Department of Energy that are not funded from the Nuclear Waste Fund.
\11\ See Sec.   171.15(c).
\12\ See Sec.   171.15(c).
\13\ No annual fee is charged for this category because the cost of the
  general license registration program applicable to licenses in this
  category will be recovered through 10 CFR part 170 fees.
\14\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\15\ Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A.,
  and licensees paying fees under fee category 17 must pay the largest
  applicable fee and are not subject to additional fees listed in this
  table.
\16\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\17\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\18\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P. for calibration or leak testing services authorized on the
  same license.
\19\ Licensees paying fees under 7.B. are not subject to paying fees
  under 7.C. for broad scope license licenses issued under parts 30, 35,
  40, and 70 of this chapter for human use of byproduct material, source
  material, and/or special nuclear material, except licenses for
  byproduct material, source material, or special nuclear material in
  sealed sources contained in teletherapy devices authorized on the same
  license.
\20\ Licensees are exempt from paying annual fees under this fee
  category when they are licensed under multiple fee categories.
\21\ No annual fee is charged for a materials license (or part of a
  materials license) that has transitioned to this fee category because
  the decommissioning costs will be recovered through 10 CFR part 170
  fees, but annual fees may be charged for other activities authorized
  under the license that are not in decommissioning status.

    (e) The fee-relief adjustment allocated to annual fees includes the 
budgeted resources for the activities listed in paragraph (e)(1) of 
this section, plus the total budgeted resources for the activities 
included in paragraphs (e)(2) and (3) of this section, as reduced by 
the appropriations the NRC receives for these types of activities. If 
the NRC's appropriations for these types of activities are greater than 
the budgeted resources for the activities included in paragraphs (e)(2) 
and (3) of this section for a given fiscal year, a negative fee-relief 
adjustment (or annual fee reduction) will be allocated to annual fees. 
The activities comprising the FY 2018 fee-relief adjustment are as 
follows:
* * * * *
0
12. In Sec.  171.17, revise paragraph (a) introductory text to read as 
follows:


Sec.  171.17   Proration.

* * * * *
    (a) Reactors, 10 CFR part 72 licensees who do not hold 10 CFR part 
50 licenses, and materials licenses with annual fees of $100,000 or 
greater for a single fee category. The NRC will base the proration of 
annual fees for terminated and downgraded licensees on the fee rule in 
effect at the time the action is official. The NRC will base the 
determinations on the proration requirements under paragraphs (a)(2) 
and (3) of this section.
* * * * *

    Dated at Rockville, Maryland, this 10th day of January 2018.

    For the Nuclear Regulatory Commission.
Maureen E. Wylie,
Chief Financial Officer.
[FR Doc. 2018-01065 Filed 1-24-18; 8:45 am]
 BILLING CODE 7590-01-P

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