Revision of Fee Schedules; Fee Recovery for Fiscal Year 2019, 578-603 [2019-00219]

Download as PDF 578 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules ADAMS accession No./ Federal Register citation Document ‘‘40 CFR Part 192, Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings; Proposed Rule,’’ January 19, 2017. ‘‘40 CFR Part 192, Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings; Proposed Rule; Withdrawal,’’ October 30, 2018. NUREG–1569, ‘‘Standard Review Plan for In Situ Leach Uranium Extraction License Applications: Final Report,’’ June 2003 ‘‘NRC Staff’s Comments on EPA Proposed Rulemaking for 40 CFR Part 192 Rule, 82 FR 7400,’’ July 17, 2017 ..................... ‘‘40 CFR Part 192, Environmental Standards for Uranium and Thorium Mill Tailings at Licensed Commercial Processing Sites; Final Rule,’’ October 7, 1983. ‘‘40 CFR Part 192, Environmental Standards for Uranium and Thorium Mill Tailings at Licensed Commercial Processing Sites; Final Rule,’’ November 15, 1993. ‘‘Uranium Mill Tailings Regulations; Conforming NRC Requirements to EPA Standards; Final Rule,’’ October 16, 1985 .......... ‘‘40 CFR Part 192, Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings; Proposed Rule,’’ January 26, 2015. Throughout the development of this assessment, the NRC may post related documents, including public comments, on the Federal rulemaking website at http://www.regulations.gov under Docket ID NRC–2008–0421. 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– 2008–0421); (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). Dated at Rockville, Maryland, this 28th day of January 2019. For the Nuclear Regulatory Commission. Theresa V. Clark, Deputy Director, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2019–00435 Filed 1–30–19; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 170 and 171 [NRC–2017–0032; Docket No. PRM–170–7; NRC–2018–0172] RIN 3150–AJ99 Revision of Fee Schedules; Fee Recovery for Fiscal Year 2019 Nuclear Regulatory Commission. ACTION: Proposed rule. khammond on DSKBBV9HB2PROD with PROPOSALS 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 SUMMARY: VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 recover approximately 90 percent of its annual budget through fees less certain amounts excluded from this feerecovery requirement. President Trump signed the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 on September 21, 2018. That Act appropriated approximately $911.0 million to the NRC, which is a decrease of approximately $11.0 million from FY 2018. Based on that total budget authority, the NRC is proposing to collect $781.9 million in fees in FY 2019. DATES: Submit comments by March 4, 2019. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received before this date. Because OBRA–90 requires the NRC to collect the FY 2019 fees by September 30, 2019, 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 http://www.regulations.gov and search for Docket ID NRC–2017–0032. 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, PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 82 FR 7400 83 FR 54543 ML032310005 ML17173A638 48 FR 45926 58 FR 60340 50 FR 41852 80 FR 4156 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: Table of Contents I. Obtaining Information and Submitting Comments II. Background; Statutory Authority III. Specific Request for Comment: Petition for Rulemaking IV. Discussion V. Regulatory Flexibility Certification VI. Regulatory Analysis VII. Backfitting and Issue Finality VIII. Plain Writing IX. National Environmental Policy Act X. Paperwork Reduction Act Public Protection Notification XI. Voluntary Consensus Standards XII. Availability of Guidance XIII. Public Meeting XIV. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2017– 0032 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: E:\FR\FM\31JAP1.SGM 31JAP1 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules khammond on DSKBBV9HB2PROD with PROPOSALS • Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC–2017–0032. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, 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– 0032 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. The NRC posts all comment submissions at http:// 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) VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 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; in FY 2019, amounts appropriated for the development of regulatory infrastructure for advanced reactor technologies, international activities, Waste Incidental to Reprocessing, generic homeland security activities, and Inspector General services for the Defense Nuclear Facilities Safety Board 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. Specific Request for Comment: Petition for Rulemaking (PRM–170–7; NRC–2018–0172) The NRC welcomes general comments on this proposed rule; in addition, the NRC is requesting public comment on the issues raised in a petition for rulemaking (ADAMS Accession No. ML18214A757), dated July 3, 2018, which was submitted to the NRC by Christopher S. Pugsley, Esq. (the petitioner), on behalf of Water Remediation Technology (WRT), LLC. The petitioner requests that the NRC amend its regulations regarding full cost recovery of licensee fees. The petition was docketed by the NRC on August 2, 2018, and was assigned Docket No. PRM–170–7. The NRC published a notice of docketing in the Federal Register on November 2, 2018 (83 FR 55113), but did not request public comment at that time. Please include Docket ID NRC–2018–0172 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 the petition’s docket. You may submit comments on this petition using the PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 579 methods listed in the ADDRESSES section of this document. The petitioner requests that the NRC amend its regulations to re-categorize WRT as a licensee that does not require full-cost recovery for fees billed to it during the life of its license under 10 CFR part 170. The petitioner also requests that the NRC address consistency issues between 10 CFR parts 170 and 171 for small entities, and consider amending language under § 170.11 to extend the time within which a licensee may appeal the assessment of fees and apply for a fee exemption. The petitioner has asked the NRC to consider these rule changes within the context of its rulemaking to amend 10 CFR parts 170 and 171 to collect FY 2019 fees. See the FY 2019 Policy Change section of this document for additional information. IV. Discussion FY 2019 Fee Collection—Overview The NRC is issuing this FY 2019 proposed fee rule based on the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (Pub. L. 155–244) (enacted budget). The total enacted budget for the NRC in FY 2019 is approximately $911.0 million, a decrease of approximately $11.0 million from FY 2018. As explained previously, certain portions of the NRC’s total budget are excluded from OBRA–90’s fee-recovery requirement. Based on the FY 2019 enacted budget, these exclusions total to $43.4 million, consisting of $16.1 million for international activities, $10.3 million for advanced reactor technologies regulatory infrastructure, $1.3 million for Waste Incidental to Reprocessing activities, $1.1 million for Inspector General services for the Defense Nuclear Facilities Safety Board, and $14.6 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 $781.9 million in fees in FY 2019. Of this amount, the NRC estimates that $246.7 million will be recovered through 10 CFR part 170 service fees; that leaves E:\FR\FM\31JAP1.SGM 31JAP1 580 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules approximately $535.2 million to be recovered through 10 CFR part 171 annual fees. Table I summarizes the feerecovery amounts for the FY 2019 proposed fee rule using the enacted budget, 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. ML18361A780) for actual amounts. TABLE I—BUDGET AND FEE RECOVERY AMOUNTS 1 [Dollars in millions] Percentage change Total Budget Authority ................................................................................................................. Less Excluded Fee Items ............................................................................................................ $922.0 ¥43.8 $911.0 ¥43.4 ¥1.2 ¥0.9 Balance ................................................................................................................................. Fee Recovery Percent ................................................................................................................. 878.2 90 867.6 90 ¥1.2 0.0 Total Amount to be Recovered: .................................................................................................. Adjustment USAID Rescission 2 ........................................................................................... Total Amount to be Recovered Post USAID: .............................................................................. 10 CFR Part 171 Billing Adjustments: ................................................................................. Unpaid Current Year Invoices (estimated) ........................................................................... Less Payments Received in Current Year for Previous Year Invoices (estimated) ............ 790.4 ¥0.1 790.3 780.8 0.0 780.8 ¥1.2 100.0 ¥1.2 6.5 ¥7.5 3.9 ¥2.8 ¥40.0 ¥62.7 Subtotal ......................................................................................................................... Amount to be Recovered through 10 CFR Parts 170 and 171 Fees ......................................... Less Estimated 10 CFR Part 170 Fees ............................................................................... 10 CFR Part 171 Fee Collections Required ........................................................................ ¥1.0 789.3 ¥280.8 508.5 1.1 781.9 ¥246.7 535.2 210.0 ¥0.9 ¥12.1 5.3 FY 2019 Fee Collection—Professional Hourly Rate are assessed under §§ 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 Inspector General), and then subtracting certain offsetting receipts, and then dividing this total by the mission-direct full-time equivalents (FTE) converted to hours. 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: For FY 2019, the NRC is proposing to increase the professional hourly rate from $275 to $278. The 1.1 percent increase in the FY 2019 professional hourly rate is due primarily to the decline in the number of mission-direct FTE compared to FY 2018, offset by the slight decrease in total budgeted resources. The number of mission-direct FTE declined by 41, primarily due to the standardization and centralization of mission support functions within the programmatic offices, and the transition of Wyoming to status as an Agreement State. The FY 2019 estimate for annual mission-direct FTE productive hours is 1,510 hours, which is unchanged from FY 2018. 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 estimate therefore 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 2018 amounts are provided for comparison purposes. 1 For each table, numbers may not add due to rounding. 2 The adjustment to the NRC’s FY 2018 fee recovery amount associated with the USAID rescission is shown in Table 1. Because the USAID rescission amount was approximately $0.1 million in FY 2018, the proportion of the USAID rescission applicable to each fee class is not shown in the accompanying tables for each fee class. In FY 2019, USAID was not included as part of the appropriation. 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 khammond on DSKBBV9HB2PROD with PROPOSALS FY 2019 proposed rule VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 EP31JA19.061</GPH> FY 2018 final rule Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 581 TABLE II—PROFESSIONAL HOURLY RATE CALCULATION [Dollars in millions, except as noted] FY 2018 final rule FY 2019 proposed rule Percentage change Mission-Direct Program Salaries & Benefits ............................................................................... Mission-Indirect Program Support ............................................................................................... Agency Support (Corporate Support and the Inspector General) .............................................. $325.7 135.0 308.1 $334.7 120.6 304.5 2.8 ¥10.7 ¥1.2 Subtotal ................................................................................................................................. Less Offsetting Receipts 3 ........................................................................................................... 768.8 0.0 759.8 0.0 ¥1.2 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 Mission-Direct FTE Productive Hours) (Whole numbers) ........................................................................ Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by Mission-Direct FTE Converted to Hours) (Whole Numbers) ................................. 768.8 1,851 1,510 759.8 1,810 1,510 ¥1.2 ¥2.2 0.0 2,795,010 2,733,100 ¥2.2 275 278 1.1 FY 2019 Fee Collection—Flat Application Fee Changes The NRC proposes to amend the flat application fees that it charges to applicants for materials licenses and other regulatory services, and holders of materials licenses in its schedule of fees in §§ 170.21 and 170.31 to reflect the revised professional hourly rate of $278. 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 2019. 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 2019 and will perform this review again in FY 2021. The biennial review adjustments and the higher professional hourly rate of $278 are the primary reasons 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 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). Because the enacted budget excludes international activities from the fee-recoverable budget, the NRC is not proposing to charge flat fees for import and export licensing actions of § 170.21. Applications filed on or after the effective date of the FY 2019 final fee rule will be subject to the revised fees in the final rule. FY 2019 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 2019, the amount budgeted for fee-relief activities is less than the 10 percent threshold. Therefore, the NRC proposes to assess a fee-relief credit that decreases all licensees’ annual fees based on their percentage share of the budget. Table III summarizes the feerelief activities budgeted for FY 2019. The FY 2018 amounts are provided for comparison purposes. TABLE III—FEE-RELIEF ACTIVITIES [Dollars in millions] FY 2018 budgeted resources final rule khammond on DSKBBV9HB2PROD with PROPOSALS Fee-relief activities 1. Activities not attributable to an existing NRC licensee or class of licensees: a. Agreement State oversight ............................................................................................... b. Scholarships and Fellowships .......................................................................................... 3 The fees collected by the NRC for Freedom of Information Act (FOIA) services and indemnity fees (financial protection required of all 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 VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 hourly rate, per the guidance in the 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 budgeted resources for PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 $13.5 15.0 FY 2019 budgeted resources proposed rule $11.5 15.0 Percentage change ¥14.8 0.0 indemnity activities are allocated under the Licensing Actions and Research & Test Reactors products within the Operating Reactors business line. E:\FR\FM\31JAP1.SGM 31JAP1 582 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules TABLE III—FEE-RELIEF ACTIVITIES—Continued [Dollars in millions] FY 2018 budgeted resources final rule Fee-relief activities c. 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. Uranium recovery program and unregistered general licensees ..................................... f. Potential Department of Defense remediation program Memorandum of Understanding activities ............................................................................................................................ g. Non-military radium sites .................................................................................................. FY 2019 budgeted resources proposed rule Percentage change 3.9 5.0 28.2 8.7 6.6 17.4 9.1 8.1 14.7 4.6 22.7 ¥15.5 14.5 1.5 13.0 7.0 ¥10.3 366.7 1.2 1.7 2.1 1.1 75.0 ¥35.3 Total fee-relief activities ........................................................................................................ Less 10 percent of the NRC’s total FY budget (less the fee recovery exclusions) ............. 83.9 ¥87.8 86.6 ¥86.8 3.2 ¥1.1 Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees ........................ ¥3.9 ¥0.2 94.9 Table IV shows how the NRC proposes to allocate the $0.2 million feerelief credit to each licensee fee class. Due to the transition of Wyoming to Agreement State status, the NRC is proposing to expand the existing fee relief category, ‘‘In situ leach rulemaking and unregistered general licensees,’’ to include additional uranium recovery program budgeted resources. This ensures the equitability and stability of annual fees for the uranium recovery fee class by recognizing that now the majority of uranium recovery licensees are in Agreement States. In addition to the fee-relief credit, the NRC also proposes to assess a generic LLW surcharge of $3.8 million. Disposal of LLW occurs at commercially operated LLW disposal facilities that are 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 proposes to 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 2019 [Dollars in millions] LLW surcharge khammond on DSKBBV9HB2PROD with PROPOSALS 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 ............................................................... 74.4 0.0 0.0 20.3 5.3 0.0 0.0 0.0 2.8257 0.0 0.0 0.7708 0.2012 0.0 0.0 0.0 86.6 4.7 0.2 4.0 3.8 0.6 0.0 0.1 ¥0.1322 ¥0.0072 ¥0.0003 ¥0.0062 ¥0.0058 ¥0.0009 0.0 ¥0.0002 2.6936 ¥0.0072 ¥0.0003 0.7646 0.1955 ¥0.0009 0.0 ¥0.0002 Total .............................................................................. 100.0 3.7978 100.0 ¥0.1526 3.6451 FY 2019 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. VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 ‘‘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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 approximately 90 percent of the NRC’s FY 2019 enacted budget (less the feerecovery exclusions and the estimated amount to be recovered through 10 CFR part 170 fees). The estimated 10 CFR part 170 collections for this proposed rule are $246.7 million, a decrease of E:\FR\FM\31JAP1.SGM 31JAP1 583 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules $34.1 million from the FY 2018 fee rule (see the specific fee class sections for a discussion of this decrease). The NRC, therefore, proposes to recover $535.2 million through annual fees from its licensees, which is an increase of $26.7 million from the FY 2018 final rule. Table V shows the proposed rebaselined fees for FY 2019 for a representative list of categories of licensees. The FY 2018 amounts are provided for comparison purposes. TABLE V—REBASELINED ANNUAL FEES FY 2018 final annual fee Class/category of licenses FY 2019 proposed annual fee Percentage change Operating Power Reactors .......................................................................................................... +Spent Fuel Storage/Reactor Decommissioning ........................................................................ $4,333,000 198,000 $4,697,0000 163,000 8.4 ¥17.7 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 ................................................................................. Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .............................................................. Typical Materials Users: Radiographers (Category 3O) .............................................................................................. Well Loggers (Category 5A) ................................................................................................. All Other Specific Byproduct Material Licensees (Category 3P) ......................................... Broad Scope Medical (Category 7B) ................................................................................... 4,531,000 198,000 81,300 7,346,000 2,661,000 1,517,000 49,200 4,860,000 163,000 79,000 6,679,000 2,263,000 1,418,000 49,200 7.3 ¥17.7 ¥2.8 ¥9.1 ¥15.0 ¥6.5 0.0 25,000 14,900 8,600 30,900 30,200 14,600 10,000 31,800 20.8 ¥2.0 16.3 2.9 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. a. Operating Power Reactors The NRC proposes to collect $460.3 million in annual fees from the power reactor fee class in FY 2019, as shown in Table VI. The FY 2018 fees and percentage change are shown for comparison purposes. TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS [Dollars in millions] FY 2018 final khammond on DSKBBV9HB2PROD with PROPOSALS Summary fee calculations FY 2019 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $669.9 ¥239.6 $670.2 ¥213.8 0.0 ¥10.8 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustment ......................................................................................................................... 430.4 0.3 ¥0.8 ¥0.9 456.4 0.3 2.7 1.0 6.0 0.0 437.5 211.1 Total required annual fee recovery ...................................................................................... Total operating reactors ....................................................................................................... Annual fee per reactor ................................................................................................................. 428.9 99 4.333 460.3 98 4.697 7.3 1.0 8.4 In comparison to FY 2018, the operating power reactors budgeted resources increased minimally in FY 2019. But estimated billings under 10 CFR part 170 declined primarily due to decreases in both licensing actions and inspections resulting from the shutdown of the Oyster Creek reactor at the end of FY 2018, the planned shutdown of Pilgrim and Three Mile Island reactors during FY 2019, and the completion of the APR1400 design certification for Korea Hydro and Nuclear Power Co., LTD. Additionally, estimated billings under 10 CFR part 170 are expected to VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 decline due to the replacement of the 6 percent automatic overhead charge for project manager, resident inspector, and senior resident inspector activities with new directly billed docket-related cost activity codes. The recoverable budgeted costs are divided equally among the 98 licensed power reactors, resulting in a proposed annual fee of $4,697,000 per reactor. Additionally, each licensed power reactor is assessed the FY 2019 spent fuel storage/reactor decommissioning proposed annual fee of $163,000 (see Table VII and the discussion that PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 follows). The combined proposed FY 2019 annual fee for power reactors is, therefore, $4,860,000. 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 E:\FR\FM\31JAP1.SGM 31JAP1 584 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules proposing an annual fee in FY 2019 for this type of licensee. b. Spent Fuel Storage/Reactor Decommissioning The NRC proposes to collect $19.9 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 the spent fuel storage/reactor decommissioning fee class. TABLE VII—ANNUAL FEE SUMMARY CALCULATIONS FOR THE SPENT FUEL STORAGE/REACTOR DECOMMISSIONING FEE CLASS [Dollars in millions] FY 2018 final Summary fee calculations FY 2019 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $33.8 ¥10.2 $35.6 ¥16.5 5.3 61.8 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation costs ........................................................................................ Fee-relief adjustment ................................................................................................................... Billing adjustments ....................................................................................................................... 23.7 0.7 ¥0.2 0.0 19.1 0.7 0.0 0.1 ¥19.4 0.0 ¥100 100 Total required annual fee recovery ...................................................................................... Total spent fuel storage facilities .......................................................................................... Annual fee per facility .................................................................................................................. 24.2 122 0.198 19.9 122 0.163 ¥17.8 0.0 ¥17.7 Compared to FY 2018, the FY 2019 budgeted resources for spent fuel storage/reactor decommissioning increased due to: (1) An increase in the number of financial reviews and licensing actions associated with operating power reactors undergoing decommissioning, (2) the ongoing licensing reviews for two consolidated Interim storage facility license applications including the development of environmental impact statements, and (3) the independent spent fuel storage installation license renewal for Three Mile Island-2, Trojan, and Rancho Seco and the associated environmental assessments. The 10 CFR part 170 estimated billings for FY 2019 increased due to (1) resuming licensing work on Interim Storage Partner’s consolidated interim storage facility application, (2) increasing work on Holtec International’s consolidated interim storage facility application, and (3) an increased workload for reactors in decommissioning. The annual fee decreased due to rising 10 CFR part 170 estimated billings. The required annual fee recovery amount is divided equally among 122 licensees, resulting in a proposed FY 2019 annual fee of $163,000 per licensee. c. Fuel Facilities The NRC proposes to collect $24.8 million in annual fees from the fuel facilities class. TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES [Dollars in millions] FY 2018 final khammond on DSKBBV9HB2PROD with PROPOSALS Summary fee calculations FY 2019 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $35.2 ¥9.2 $30.0 ¥7.2 ¥14.8 ¥21.7 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustments ....................................................................................................................... 26.0 1.3 0.5 0.0 22.8 1.3 0.8 0.0 ¥12.3 0.0 60.0 0.0 Total remaining required annual fee recovery 4 ................................................................... 27.7 24.8 ¥10.5 In comparison to FY 2018, the fuel facilities budgeted resources decreased in FY 2019, primarily due to aligning resources with a smaller projected workload. The estimated 10 CFR part 170 collections decreased in FY 2019 as a result of the expected termination of the CB&I AREVA MOX Fuel Fabrication 4 See Table X for percentage change for each fee category. VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 facility construction authorization and license application withdrawal, and the expected completion of Honeywell’s license renewal, offset by increased work for Westinghouse associated with an emergency preparedness exercise, confirmatory order items and its license renewal. The NRC proposes to continue allocating annual fees to individual fuel facility licensees based on the effort/fee determination matrix developed in the PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 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 IX). E:\FR\FM\31JAP1.SGM 31JAP1 585 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules The annual fees are then distributed across the fee class based on the regulatory effort predicted by the matrix. TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2019 Facility type (fee category) Effort factors (percent of total) Number of facilities Safety 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 2019, the total remaining required annual fee recovery amount of $24.8 million is comprised of safety activities, safeguards activities and the fee-relief adjustment/LLW surcharge. For FY 2019, the total budgeted resources to be recovered as annual fees for safety activities are $13.7 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, $10.3 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— 2 3 0 0 0 1 1 Safeguards 88 70 0 0 0 21 12 91 21 0 0 0 23 7 $0.8 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. The fee for each facility is summarized in Table X. TABLE X—ANNUAL FEES FOR FUEL FACILITIES FY 2018 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)) ............................................................................... d. Uranium Recovery Facilities khammond on DSKBBV9HB2PROD with PROPOSALS The NRC proposes to collect $0.2 million in annual fees from the uranium VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 $7,346,000 2,661,000 N/A N/A 3,513,000 1,517,000 recovery facilities fee class, a decrease of 60.0 percent from FY 2018. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 FY 2019 proposed annual fee $6,679,000 2,263,000 N/A N/A 3,283,000 1,418,000 Percentage change ¥9.1 ¥15.0 N/A N/A ¥6.5 ¥6.5 586 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES [Dollars in millions] FY 2018 final Summary fee calculations FY 2019 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $13.5 ¥12.9 $1.1 ¥0.9 ¥91.9 ¥93.0 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment ................................................................................................................... Billing adjustments ....................................................................................................................... 0.6 N/A ¥0.1 0.0 0.2 N/A 0.0 0.0 ¥66.7 N/A 100 0.0 Total required annual fee recovery ...................................................................................... 0.5 0.2 ¥60.0 In comparison to FY 2018, the FY 2019 budgeted resources for uranium recovery licensees decreased due to the transition of Wyoming to Agreement State status and subsequent realignment of the Uranium Mill Tailings Radiation Control Act (UMTRCA) program. In addition, budgeted resources decreased as a result of expanding the existing feerelief category, ‘‘In Situ leach rulemaking and unregistered general licenses’’ to include additional Uranium Recovery activities in order to ensure equitability and the stability of annual fees. The NRC regulates DOE’s Title I and Title II activities under UMTRCA 5 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 slightly due to the budgeted resources reduction and an increase in estimated 10 CFR part 170 billings for work on the Atlantic Richfield review. The NRC assesses the remaining 90 percent of its budgeted costs to the remaining licensee in this fee class, as described in the work papers. This is reflected in Table XII as follows: TABLE XII—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS FY 2018 final annual fee Summary of costs 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 ......................................................... FY 2019 proposed annual fee Percentage change $80,921 47,723 ¥6,724 $114,988 5,484 ¥21 42.1 ¥88.5 99.7 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 ................................................. 90 percent of uranium recovery fee-relief adjustment ......................................................... 122,000 120,000 ¥1.6 429,509 ¥60,517 49,355 ¥192 ¥88.5 99.7 Total Annual Fee Amount for Other Uranium Recovery Licenses ............................... 368,992 49,163 ¥86.7 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; and mill tailings disposal 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). Currently, there is only one remaining non-DOE licensee which is a Basic In Situ Recovery facility. Table XIII displays the benefit factors for the nonDOE licensee in that fee category: khammond on DSKBBV9HB2PROD with PROPOSALS TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES Conventional and Heap Leach mills (2.A.(2)(a)) ............................................. Basic In Situ Recovery facilities (2.A.(2)(b)) .................................................... 5 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 VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 Benefit factor per licensee Number of licensees Fee category 0 1 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 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 0 190 Total value 0 190 Benefit factor percent total 0 100.0 toward uranium mill sites licensed by the NRC or Agreement States in or after 1978. E:\FR\FM\31JAP1.SGM 31JAP1 587 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES—Continued Benefit factor per licensee Number of licensees Fee category Benefit factor percent total Total value Expanded In Situ Recovery facilities (2.A.(2)(c)) ............................................ Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ............. 0 0 0 0 0 0 0 0 Total .......................................................................................................... 1 190 190 100.0 The annual fee for the remaining nonDOE licensee is calculated by allocating 100 percent of the budgeted resources, as summarized in Table XIV. TABLE XIV—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES [Other than DOE] FY 2018 final annual fee Facility type (fee category) 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)) ............................................................................................... FY 2019 proposed annual fee $38,800 49,200 55,700 22,000 6,500 Percentage change N/A $49,200 N/A N/A N/A ¥100 0 ¥100 ¥100 ¥100 e. Research and Test Reactors (NonPower Reactors) The NRC proposes to collect $0.316 million in annual fees from the research and test reactor licensee class. TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR RESEARCH AND TEST REACTORS [Dollars in millions] FY 2018 final khammond on DSKBBV9HB2PROD with PROPOSALS Summary fee calculations FY 2019 proposed Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment ................................................................................................................... Billing adjustments ....................................................................................................................... $2.009 ¥1.698 0.311 0.027 ¥0.010 ¥0.003 $1.293 ¥1.006 0.287 0.027 0.000 0.002 ¥35.6 ¥40.8 ¥7.7 0.0 100 166.7 Total required annual fee recovery ...................................................................................... 0.325 0.316 ¥2.8 Total research and test reactors .......................................................................................... 4 4 0.0 Total annual fee per reactor .......................................................................................... 0.0813 .0790 ¥2.8 For this fee class, the budgeted resources decreased due to projected application delays within the medical isotope production facilities for Shine and NorthWest Medical Isotopes. The 10 CFR part 170 estimated billings also decreased due to projected application delays within the medical isotope production facilities for Shine and NorthWest, offset by an increase in activity for Aerotest’s startup inspection and license renewal application. The VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 proposed FY 2019 annual fee decreased due to a decrease in budgeted resources, offset by a decline in estimated 10 CFR part 170 billings. 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 2019 annual fee of $79,000 for each licensee. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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 2019. g. Materials Users The NRC proposes to collect $36.5 million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70. E:\FR\FM\31JAP1.SGM 31JAP1 588 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS [Dollars in millions] Summary fee calculations FY 2018 final FY 2019 proposed Percentage change Total budgeted resources for licensees not regulated by Agreement States ............................. Less estimated 10 CFR part 170 receipts .................................................................................. $32.1 ¥0.9 $36.0 ¥1.0 12.1 11.1 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustments ....................................................................................................................... 31.1 1.3 0.0 0.0 35.0 1.3 0.2 0.0 12.5 0.0 100.0 0.0 Total required annual fee recovery ............................................................................... 32.4 36.5 12.7 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 of $36.5 million proposed for FY 2019 shown in Table XVI consists of the following: $28.6 million for general costs, $7.5 million for inspection costs, $0.2 million for unique costs for medical licenses and $0.2 million for fee relief/LLW costs. To equitably and fairly allocate the $36.5 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 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 both increase and decrease annual fees for licensees in this fee class in FY 2019 due to the results of the biennial review of fees. This analysis examines the actual hours spent in previous years performing licensing actions and then estimates the average professional staff hours that are needed to process similar licensing actions multiplied by the proposed professional hourly rate for FY 2019. The constant multiplier is established to recover the total general costs (including allocated generic transportation costs) of $28.6 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 1.33 for FY 2019. The average inspection cost is the average inspection hours for each fee category multiplied by the professional hourly rate of $278. The inspection priority is the interval between routine inspections, expressed in years. The inspection multiplier is established in order to recover the $7.5 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 1.44 for FY 2019. The unique category costs are any special costs that the NRC has budgeted for a specific category of licenses. For FY 2019, unique category costs include approximately $0.2 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. Please see the work papers for more detail about this classification. The annual fee assessed to each licensee also includes a share of the approximately $0.006 million fee-relief credit assessment allocated to the materials users fee class (see Table IV, ‘‘Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2019,’’ in Section IV, ‘‘Discussion,’’ of this document), and for certain categories of these licensees, a share of the approximately $0.2 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 $1.2 million in annual fees to recover generic transportation budgeted resources. The FY 2018 values are shown for comparison purposes. TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION [Dollars in millions] khammond on DSKBBV9HB2PROD with PROPOSALS Summary fee calculations FY 2018 final FY 2019 proposed Percentage change Total Budgeted Resources .......................................................................................................... Less Estimated 10 CFR part 170 Receipts ................................................................................. $7.9 ¥3.1 $8.0 ¥3.3 1.3 6.5 Net 10 CFR part 171 Resources ......................................................................................... Less Generic Transportation Resources ..................................................................................... Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustments ....................................................................................................................... Total required annual fee recovery ...................................................................................... 4.7 ¥3.6 0.0 0.0 1.1 4.7 ¥3.6 0.0 0.0 1.2 0.0 0.0 0.0 0.0 9.1 VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 589 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules In comparison to FY 2018, the total budgeted resources for FY 2019 for generic transportation activities increased slightly due to an increase in the Certificates of Compliance (CoCs) for DOE (from 21 to 22) and an increased workload. 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 increase for DOE is mainly due an increase in CoCs from 21 in FY 2018 to 22 in FY 2019. 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 2019 [Dollars in millions] Number of CoCs benefiting fee class or DOE Licensee fee class/DOE Allocated generic transportation resources Materials Users ............................................................................................................................ Operating Power Reactors .......................................................................................................... Spent Fuel Storage/Reactor Decommissioning .......................................................................... Research and Test Reactors ....................................................................................................... Fuel Facilities ............................................................................................................................... 24.0 5.0 14.0 0.5 24.0 26.8 5.6 15.6 0.6 26.8 $1.3 0.3 0.7 0.0 1.3 Sub-Total of Generic Transportation Resources ................................................................. DOE ............................................................................................................................................. 67.5 22.0 75.4 24.6 3.6 1.2 Total ............................................................................................................................... 89.5 100.0 4.7 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 2019—Policy Changes The NRC proposes two policy changes for FY 2019: Changes to Small Materials Users Fee Categories for Locations of Use khammond on DSKBBV9HB2PROD with PROPOSALS Percentage of total CoCs The NRC proposes to add one new fee subcategory under § 170.31, ‘‘Schedule of fees for materials licenses and other regulatory services, including inspections, and import and export licenses,’’ and § 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, § 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 determined that it spends a disproportionate amount of time on VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 licensees with six or more locations compared to licensees in the same fee category with fewer than six locations. Previously—in the FY 2015 final fee rule—the NRC therefore added three fee subcategories under one fee category, 3.L. (research and development broad scope). And in the FY 2018 final fee rule, the NRC added seven fee subcategories under, 3.A., 3.B., 3.C., 3.O., 3.P., 7.A. and 7.B. for licenses with six or more locations of use. For the FY 2019 fee rule, the NRC determined that there is one more category of licenses that is affected. Accordingly, the NRC proposes to add subcategories to this fee category: • Medical licenses under fee category 7.C. To more accurately reflect the cost of services provided by the NRC, this change would result in this fee category having subcategories for 1–5, 6–20, and more than 20 locations of use. Eliminate a Fee Category In response to comments received on the FY 2018 proposed fee rule, the NRC proposes to eliminate a fee category in §§ 170.31 and 171.16. The fee category is 2.A.(5)—Licenses that authorize the possession of source material related to PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 removal of contaminants (source material) from drinking water. Under current NRC regulations, an entity that removes uranium from drinking water at community water systems is viewed as a ‘‘2.A.(5) fee category’’ licensee for fee purposes. Although the licensee recovers sufficient quantities of uranium to require an NRC license (or a license from an Agreement State), its licensed material is not sold for profit; rather, the licensed material is a waste product from its water treatment process. These types of ‘‘uranium recovery’’ licensees are therefore distinguishable from those licensees that profit from concentrating uranium as source material. The NRC believes that full cost recovery is not warranted for licensees that do not profit from concentrating uranium. Therefore, the NRC proposes to eliminate this fee category from §§ 170.31 and 171.16 and reclassify current and future licensees under this category to 2.F.—All other source material licenses. FY 2019—Administrative Changes The NRC also proposes to make an administrative change: E:\FR\FM\31JAP1.SGM 31JAP1 590 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules khammond on DSKBBV9HB2PROD with PROPOSALS Change Small Entity Fees The NRC conducted a biennial review in FY 2019 of small entity fees to determine whether the NRC should change those fees. The NRC used the fee methodology, developed in FY 2009, which applies a fixed percentage of 39 percent to the prior 2-year weighted average of materials users’ fees when performing its biennial review. Based on this methodology, the NRC determined the new small entity fees for FY 2019 should be $4,500 for upper-tier small entities and $900 for lower-tier small entities. As a result of the NRC’s FY 2019 biennial review using the same methodology, the NRC is now proposing to increase the upper tier small entity fee from $4,100 to $4,500 and increase the lower-tier fee from $850 to $900. This would constitute a 13-percent and 6-percent increase, respectively. The NRC believes these fees are reasonable and provide relief to small entities while at the same time recovering from those licensees some of the NRC’s costs for activities that benefit them. Update to the Fees Transformation Initiative As an informal update, 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 in FY 2020. With respect to the fees setting process improvements, all 7 of the activities scheduled for FY 2018 and an additional 10 scheduled for FY 2019 were completed by the end of FY 2018. These improvements included discontinuing the Project Manager/ Resident inspector 6 percent overhead charge, enhancing the information included on the 10 CFR part 170 invoices, improving the fee rule work papers, and enhancing the financial management systems. For the remaining process changes recommended for future consideration, the NRC is wellpositioned to complete them on schedule. For 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-transformationaccomplishments.html. VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 V. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, as amended (RFA),6 the NRC has prepared a regulatory flexibility analysis related to this proposed rule. The regulatory flexibility analysis is available as indicated in Section XIV, Availability of Documents, of this document. VI. Regulatory Analysis Under OBRA–90, the NRC is required to recover approximately 90 percent of its budget authority in FY 2019. 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 proposed rule. VII. Backfitting and Issue Finality The NRC has determined that the backfit rule, § 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. VIII. 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. IX. National Environmental Policy Act The NRC has determined that this rule will amend the NRC’s 6 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). PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 administrative requirements in 10 CFR parts 170 and 171. Therefore, this action is categorically excluded from needing environmental review as described in § 51.22(c)(1). Consequently, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule. X. 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. XI. 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 2019, as required by OBRA–90. This action does not constitute the establishment of a standard that contains generally applicable requirements. XII. 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 2019 proposed fee rule. The compliance guide was developed when the NRC completed the small entity biennial review for FY 2019. This guide is available as indicated in Section XIV, Availability of Documents, of this document. XIII. Public Meeting The NRC will conduct a public meeting for the purpose of describing the proposed rule and answering questions from the public on the E:\FR\FM\31JAP1.SGM 31JAP1 591 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 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–2017–0032. For instructions to receive alerts when changes or additions occur in a docket folder, see Section XIV, Availability of Documents, of this document. Stakeholders should monitor the NRC’s public meeting website for information about the public meeting at: http:// Document Throughout the development of this rule, the NRC may post documents related to this rule, including public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC–2017–0032. 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–2017–0032; (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). 10 CFR Part 170 Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, XIV. 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./web link FY 2019 Proposed Rule Work Papers ..................................................... FY 2019 Regulatory Flexibility Analysis ................................................... FY 2019 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide. 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 ................................................... List of Subjects www.nrc.gov/public-involve/publicmeetings/index.cfm. ML18361A780. ML18347A452. ML18338A006. http://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/fees-transformationaccomplishments.html. 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 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 § 170.21, in the table revise the entry for ‘‘K. Import and export licenses;’’ to read as follows: ■ § 170.21 Schedule of fees for production and 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] Fees 1 khammond on DSKBBV9HB2PROD with PROPOSALS Facility categories and type of fees * * * * * * K. Import and export licenses: 1 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 .................................................................................................................... VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 * N/A N/A N/A N/A 592 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules SCHEDULE OF FACILITY FEES—Continued [See footnotes at end of table] Fees 1 Facility categories and type of fees 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 N/A 1 Because the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, excludes international activities from the fee-recoverable budget in FY 2019, import and export licensing actions will not be charged fees. 3. 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] khammond on DSKBBV9HB2PROD 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) 6 [Program Code(s): 21213] ......................................... (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 6 [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.6 (a) Facilities with limited operations 6 [Program Code(s): 21240, 21310, 21320] ............................................................. (b) Gas centrifuge enrichment demonstration facilities.6 [Program Code(s): 21205] ........................................................ (c) Others, including hot cell facilities.6 [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) 6 [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] ............................................................................................................................... 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 6 [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 6 [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.6 [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.6 (a) Conventional and Heap Leach facilities 6 [Program Code(s): 11100] .......................................................................... (b) Basic In Situ Recovery facilities 6 [Program Code(s): 11500] ...................................................................................... (c) Expanded In Situ Recovery facilities 6 [Program Code(s): 11510] ............................................................................... (d) In Situ Recovery Resin facilities 6 [Program Code(s): 11550] ..................................................................................... (e) Resin Toll Milling facilities 6 [Program Code(s): 11555] ............................................................................................... (f) Other facilities 6 [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) 6 [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) 6 [Program Code(s): 12010]. B. Licenses which authorize the possession, use, and/or installation of source material for shielding.7 8 Application [Program Code(s): 11210] ............................................................................................................................... VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 Full Cost. Full Cost. Full Full Full Full Cost. Cost. Cost. Cost. $1,300. $2,600. Full Cost. Full Cost. Full Cost. Full Full Full Full Full Full Full Cost. Cost. Cost. Cost. Cost. Cost. Cost. Full Cost. $1,200. 593 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] khammond on DSKBBV9HB2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fee 2 3 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, 11820] ...................................................... 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): 04010, 04012, 04014] ............................................................................................... (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): 04011, 04013, 04015] ............................................................................................... 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): 04110, 04112, 04114, 04116] ................................................................................... (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): 04111, 04113, 04115, 04117] ................................................................................... 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] ...................................................................................................... (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): 04210, 04212, 04214] ............................................................................................... (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): 04211, 04213, 04215] ............................................................................................... 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] .............................................................................. VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 $4,300. $2,800. $2,600. $2,600. $13,000. $17,300. $21,600. $3,600. $4,800. $5,900. $5,200. $6,900. $8,600. N/A. $3,200. $6,500. $62,000. $6,600. $11,600. 594 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] khammond on DSKBBV9HB2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fee 2 3 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] ...................................................... (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): 04610, 04612, 04614, 04616, 04618, 04620, 04622] .............................................. (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): 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. 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): 04310, 04312] ........................................................................................................... (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): 04311, 04313] ........................................................................................................... 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): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, 04430, 04432, 04434, 04436, 04438]. (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): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, 04431, 04433, 04435, 04437, 04439]. 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] ............................................................................................................................... 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, 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] ............................................................................................................................... VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 $2,000. $1,100. $5,500. $7,300. $9,100. $8,300. $8,900. $6,300. $8,500. $10,600. $4,700. $6,300. $7,900. $700. $2,600. $2,500. $14,200. Full Cost. $6,900. 595 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] Category of materials licenses and type of fees 1 5. 6. 7. khammond on DSKBBV9HB2PROD with PROPOSALS 8. 9. Fee 2 3 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): 04510, 04512] ........................................................................................................... (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): 04511, 04513] ........................................................................................................... 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. Number of locations of use: 1-5. Application [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. Number of locations of use: 6-20. Application [Program Code(s): 04710] ........................................................................................................................ (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. Number of locations of use: More than 20. Application [Program Code(s): 04711] ........................................................................................................................ 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.10 Number of locations of use: 1-5. Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ................. (1) 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.10 Number of locations of use: 6–20. Application [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] .......... (2) 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.10 Number of locations of use: More than 20. Application [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] .......... 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] ............................................................................................................................... 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 ................................................................................................................................................... VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 $5,000. $4,600. Full Cost. $22,200. $11,100. $14,800. $18,500. $8,700. $11,500. $14,400. $6,600. $8,700. $10,900. $2,600. $10,800. $9,000. 596 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] khammond on DSKBBV9HB2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fee 2 3 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: 12 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. 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 ......................................................................... VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 $5,300. $1,100. Full Cost. Full Cost. $4,200. Full Cost. $4,200. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. 597 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / 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 khammond on DSKBBV9HB2PROD with PROPOSALS 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 ....................................................................................... N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. $2,100. Full Cost. Full Cost. Full Cost. 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 § 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). (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., 3.C.1, or 3.C.2 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., 3.P.1, or 3.P.2 for calibration or leak testing services authorized on the same license. VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 598 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 10 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2. 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. 12 Because the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, excludes international activities from the fee-recoverable budget in FY 2019, import and export licensing actions will not be charged fees. 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 4. 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. 5. In § 171.15, revise paragraphs (b)(1) and (2) introductory text, (c)(1) and (2) introductory text, (d)(1) introductory text, (d)(2) and (3), and (f) to read as follows: ■ § 171.15 Annual fees: Reactor licenses and independent spent fuel storage licenses. khammond on DSKBBV9HB2PROD with PROPOSALS * * * * * (b)(1) The FY 2019 annual fee for each operating power reactor that must be collected by September 30, 2019, is $4,697,000. (2) The FY 2019 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 2019 fee-relief adjustment are shown in paragraph (d)(1) of this section. The activities comprising the FY 2019 base annual fee for operating power reactors are as follows: * * * * * (c)(1) The FY 2019 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 VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 licensee who does not hold a 10 CFR part 50 license, is $163,000. (2) The FY 2019 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 2019 fee-relief adjustment are shown in paragraph (d)(1) of this section. The activities comprising the FY 2019 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 2019 fee-relief adjustment are as follows: * * * * * (2) The total FY 2019 fee-relief adjustment allocated to the operating power reactor class of licenses is a $132,181 fee-relief credit, not including the amount allocated to the spent fuel storage/reactor decommissioning class. The FY 2019 operating power reactor fee-relief adjustment to be assessed to each operating power reactor is approximately a $1,349 fee-relief credit. This amount is calculated by dividing the total operating power reactor feerelief credit, $132,181, by the number of operating power reactors (98). (3) The FY 2019 fee-relief adjustment allocated to the spent fuel storage/ reactor decommissioning class of licenses is a $7,163 fee-relief credit. The FY 2019 spent fuel storage/reactor PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 decommissioning fee relief adjustment to be assessed to each operating power reactor, each power reactor in decommissioning or 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 $58.71 feerelief credit. This amount is calculated by dividing the total fee-relief credit 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 2019 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 § 171.11(a), are as follows: Research reactor ........................ Test reactor ................................ $79,000 79,000 6. In § 171.16, revise paragraphs (c), (d), and (e) introductory text to read as follows: ■ § 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. * * * * * (c) A licensee who is required to pay an annual fee under this section, in addition to 10 CFR part 72 licenses, may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification along with its annual fee payment, the licensee may pay reduced annual fees as shown in the following table. Failure to file a small entity certification in a timely manner could result in the receipt of a delinquent invoice requesting the outstanding balance due and/or denial of any refund that might otherwise be due. The small entity fees are as follows: E:\FR\FM\31JAP1.SGM 31JAP1 599 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules Maximum annual fee per licensed category NRC small entity classification Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): $485,000 to $7 million .................................................................................................................................................................. Less than $485,000 ...................................................................................................................................................................... Small Not-For-Profit Organizations (Annual Gross Receipts): $485,000 to $7 million .................................................................................................................................................................. Less than $485,000 ...................................................................................................................................................................... Manufacturing Entities that Have An Average of 500 Employees or Fewer: 35 to 500 employees .................................................................................................................................................................... Fewer than 35 employees ............................................................................................................................................................ Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 49,999 .......................................................................................................................................................................... Fewer than 20,000 ....................................................................................................................................................................... Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer 35 to 500 employees .................................................................................................................................................................... Fewer than 35 employees ............................................................................................................................................................ (d) The FY 2019 annual fees are comprised of a base annual fee and an allocation for fee-relief adjustment. The activities comprising the FY 2019 fee- relief adjustment are shown for convenience in paragraph (e) of this section. The FY 2019 annual fees for materials licensees and holders of $4,500 900 4,500 900 4,500 900 4,500 900 4,500 900 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 2 3 khammond on DSKBBV9HB2PROD 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) 15 [Program Code(s): 21130] .................................... (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 15 [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 15 [Program Code(s): 21310, 21320] ..................................................................... (b) Gas centrifuge enrichment demonstration facility 15 ................................................................................................. (c) Others, including hot cell facility 15 ............................................................................................................................ 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) 11 15 [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 15 [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.15 [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.15 [Program Code(s): 11100] ..................................................................... (b) Basic In Situ Recovery facilities.15 [Program Code(s): 11500] ................................................................................. (c) Expanded In Situ Recovery facilities 15 [Program Code(s): 11510] .......................................................................... (d) In Situ Recovery Resin facilities.15 [Program Code(s): 11550] ................................................................................ (e) Resin Toll Milling facilities.15 [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).15 [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).15 [Program Code(s): 12010] .................................................................................................................................................. VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 $6,679,000 2,263,000 N/A N/A N/A N/A 2,900 7,500 3,283,000 5,500 1,418,000 N/A 49,200 N/A 5 N/A 5 N/A 5 N/A N/A 600 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / 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 khammond on DSKBBV9HB2PROD with PROPOSALS Category of materials licenses B. Licenses which authorize the possession, use, and/or installation of source material for shielding.16 17 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. [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] ............................................................................................................................................................... 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, 11820] ................ 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): 04011, 04013, 04015] ..................................................... 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): 04110, 04112, 04114, 04116] ............................................................................................ (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): 04111, 04113, 04115, 04117] ............................................................................... 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): 04210, 04212, 04214] ................................................................................................................................... (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): 04211, 04213, 04215] ................................................................................................................... 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] ........................................................................... VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 3,100 7,900 6,100 7,400 9,500 28,800 38,300 47,600 11,800 15,600 19,200 11,000 14,500 18,000 5 N/A 11,900 11,100 88,200 10,900 17,600 4,300 601 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / 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 khammond on DSKBBV9HB2PROD with PROPOSALS 4. 5. 6. 7. 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] ............................................................ (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. [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): 04310, 04312] ............................................................................................................................................... (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): 04311, 04313] ............................................................................................................................... P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 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 Number of locations of use: 6–20. [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, 04430, 04432, 04434, 04436, 04438] ............................................................................................................. (2) All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: more than 20. [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, 04431, 04433, 04435, 04437, 04439] ................................................................................................. 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: VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 3,100 15,500 20,600 25,500 15,200 18,900 30,200 40,400 50,400 10,000 13,400 16,700 13 N/A 7,200 7,500 31,000 32,900 18,700 10,700 14,600 5 N/A 35,600 602 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / 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 khammond on DSKBBV9HB2PROD with PROPOSALS Category of materials 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.9 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.9 Number of locations of use: 6–20. [Program Code(s): 04510, 04512] ............................................................................................................................................... (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.9 Number of locations of use: more than 20. [Program Code(s): 04511, 04513] ..................................................................................................................................... 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): 04710] ................................. (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): 04711] ................... 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 Number of locations of use: 1-5. [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] .................................................... (1) 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 Number of locations of use: 6–20. [Program Code(s): ] ................................................................................................................................... (2) 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 Number of locations of use: more than 20. [Program Code(s): ] ..................................................................................................................... 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] ............................................................................................................................ VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1 26,100 34,700 43,400 31,800 42,200 52,500 15,400 20,300 25,300 7,200 14,300 11,900 7,000 1,500 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 603 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / 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 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.15 [Program Code(s): 03614] ........................... 18. Department of Energy: A. Certificates of Compliance ................................................................................................................................................. B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities .................................................................................... 6 N/A 12 N/A 7 20 N/A 7 N/A 8 N/A 8 N/A 330,000 10 1,169,000 120,000 1 Annual khammond on DSKBBV9HB2PROD 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.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2. 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., 3.P.1, or 3.P.2 for calibration or leak testing services authorized on the same license. 19 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2 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 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 VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 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 2019 fee-relief adjustment are as follows: * * * * * PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 Dated at Rockville, Maryland, this 11th day of January, 2019. For the Nuclear Regulatory Commission. Maureen E. Wylie, Chief Financial Officer. [FR Doc. 2019–00219 Filed 1–30–19; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\31JAP1.SGM 31JAP1

Agencies

[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Proposed Rules]
[Pages 578-603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00219]


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

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2017-0032; Docket No. PRM-170-7; NRC-2018-0172]
RIN 3150-AJ99


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2019

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 less certain amounts 
excluded from this fee-recovery requirement. President Trump signed the 
Energy and Water, Legislative Branch, and Military Construction and 
Veterans Affairs Appropriations Act, 2019 on September 21, 2018. That 
Act appropriated approximately $911.0 million to the NRC, which is a 
decrease of approximately $11.0 million from FY 2018. Based on that 
total budget authority, the NRC is proposing to collect $781.9 million 
in fees in FY 2019.

DATES: Submit comments by March 4, 2019. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received before this 
date. Because OBRA-90 requires the NRC to collect the FY 2019 fees by 
September 30, 2019, 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 http://www.regulations.gov and search for Docket ID NRC-2017-0032. 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: 

Table of Contents

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

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0032 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:

[[Page 579]]

     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0032.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``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-2017-0032 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. The NRC posts all comment submissions at http://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; in FY 2019, amounts appropriated for the development of 
regulatory infrastructure for advanced reactor technologies, 
international activities, Waste Incidental to Reprocessing, generic 
homeland security activities, and Inspector General services for the 
Defense Nuclear Facilities Safety Board 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. Specific Request for Comment: Petition for Rulemaking (PRM-170-7; 
NRC-2018-0172)

    The NRC welcomes general comments on this proposed rule; in 
addition, the NRC is requesting public comment on the issues raised in 
a petition for rulemaking (ADAMS Accession No. ML18214A757), dated July 
3, 2018, which was submitted to the NRC by Christopher S. Pugsley, Esq. 
(the petitioner), on behalf of Water Remediation Technology (WRT), LLC. 
The petitioner requests that the NRC amend its regulations regarding 
full cost recovery of licensee fees. The petition was docketed by the 
NRC on August 2, 2018, and was assigned Docket No. PRM-170-7. The NRC 
published a notice of docketing in the Federal Register on November 2, 
2018 (83 FR 55113), but did not request public comment at that time. 
Please include Docket ID NRC-2018-0172 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 the petition's docket. You may 
submit comments on this petition using the methods listed in the 
ADDRESSES section of this document.
    The petitioner requests that the NRC amend its regulations to re-
categorize WRT as a licensee that does not require full-cost recovery 
for fees billed to it during the life of its license under 10 CFR part 
170. The petitioner also requests that the NRC address consistency 
issues between 10 CFR parts 170 and 171 for small entities, and 
consider amending language under Sec.  170.11 to extend the time within 
which a licensee may appeal the assessment of fees and apply for a fee 
exemption. The petitioner has asked the NRC to consider these rule 
changes within the context of its rulemaking to amend 10 CFR parts 170 
and 171 to collect FY 2019 fees. See the FY 2019 Policy Change section 
of this document for additional information.

IV. Discussion

FY 2019 Fee Collection--Overview

    The NRC is issuing this FY 2019 proposed fee rule based on the 
Energy and Water, Legislative Branch, and Military Construction and 
Veterans Affairs Appropriations Act, 2019 (Pub. L. 155-244) (enacted 
budget). The total enacted budget for the NRC in FY 2019 is 
approximately $911.0 million, a decrease of approximately $11.0 million 
from FY 2018. As explained previously, certain portions of the NRC's 
total budget are excluded from OBRA-90's fee-recovery requirement. 
Based on the FY 2019 enacted budget, these exclusions total to $43.4 
million, consisting of $16.1 million for international activities, 
$10.3 million for advanced reactor technologies regulatory 
infrastructure, $1.3 million for Waste Incidental to Reprocessing 
activities, $1.1 million for Inspector General services for the Defense 
Nuclear Facilities Safety Board, and $14.6 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 $781.9 million in fees in FY 2019. Of this amount, the 
NRC estimates that $246.7 million will be recovered through 10 CFR part 
170 service fees; that leaves

[[Page 580]]

approximately $535.2 million to be recovered through 10 CFR part 171 
annual fees. Table I summarizes the fee-recovery amounts for the FY 
2019 proposed fee rule using the enacted budget, 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. ML18361A780) for actual amounts.

                                  Table I--Budget and Fee Recovery Amounts \1\
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2018 final      FY 2019       Percentage
                                                                       rule        proposed rule      change
----------------------------------------------------------------------------------------------------------------
Total Budget Authority..........................................          $922.0          $911.0            -1.2
Less Excluded Fee Items.........................................           -43.8           -43.4            -0.9
                                                                 -----------------------------------------------
    Balance.....................................................           878.2           867.6            -1.2
Fee Recovery Percent............................................              90              90             0.0
                                                                 -----------------------------------------------
Total Amount to be Recovered:...................................           790.4           780.8            -1.2
    Adjustment USAID Rescission \2\.............................            -0.1             0.0           100.0
Total Amount to be Recovered Post USAID:........................           790.3           780.8            -1.2
    10 CFR Part 171 Billing Adjustments:........................
    Unpaid Current Year Invoices (estimated)....................             6.5             3.9           -40.0
    Less Payments Received in Current Year for Previous Year                -7.5            -2.8           -62.7
     Invoices (estimated).......................................
                                                                 -----------------------------------------------
        Subtotal................................................            -1.0             1.1           210.0
Amount to be Recovered through 10 CFR Parts 170 and 171 Fees....           789.3           781.9            -0.9
    Less Estimated 10 CFR Part 170 Fees.........................          -280.8          -246.7           -12.1
    10 CFR Part 171 Fee Collections Required....................           508.5           535.2             5.3
----------------------------------------------------------------------------------------------------------------

FY 2019 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.
---------------------------------------------------------------------------

    \1\ For each table, numbers may not add due to rounding.
    \2\ The adjustment to the NRC's FY 2018 fee recovery amount 
associated with the USAID rescission is shown in Table 1. Because 
the USAID rescission amount was approximately $0.1 million in FY 
2018, the proportion of the USAID rescission applicable to each fee 
class is not shown in the accompanying tables for each fee class. In 
FY 2019, USAID was not included as part of the appropriation.
---------------------------------------------------------------------------

    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 Inspector General), and then subtracting certain 
offsetting receipts, and then dividing this total by the mission-direct 
full-time equivalents (FTE) converted to hours. 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] TP31JA19.061

    For FY 2019, the NRC is proposing to increase the professional 
hourly rate from $275 to $278. The 1.1 percent increase in the FY 2019 
professional hourly rate is due primarily to the decline in the number 
of mission-direct FTE compared to FY 2018, offset by the slight 
decrease in total budgeted resources. The number of mission-direct FTE 
declined by 41, primarily due to the standardization and centralization 
of mission support functions within the programmatic offices, and the 
transition of Wyoming to status as an Agreement State. The FY 2019 
estimate for annual mission-direct FTE productive hours is 1,510 hours, 
which is unchanged from FY 2018. 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 estimate therefore 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 
2018 amounts are provided for comparison purposes.

[[Page 581]]



                                 Table II--Professional Hourly Rate Calculation
                                     [Dollars in millions, except as noted]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2018 final      FY 2019       Percentage
                                                                       rule        proposed rule      change
----------------------------------------------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits......................          $325.7          $334.7             2.8
Mission-Indirect Program Support................................           135.0           120.6           -10.7
Agency Support (Corporate Support and the Inspector General)....           308.1           304.5            -1.2
                                                                 -----------------------------------------------
    Subtotal....................................................           768.8           759.8            -1.2
Less Offsetting Receipts \3\....................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total Budgeted Resources Included in Professional Hourly               768.8           759.8            -1.2
     Rate.......................................................
Mission-Direct FTE (Whole numbers)..............................           1,851           1,810            -2.2
Annual Mission-Direct FTE Productive Hours (Whole numbers)......           1,510           1,510             0.0
Mission-Direct FTE Converted to Hours (Mission-Direct FTE              2,795,010       2,733,100            -2.2
 multiplied by Annual Mission-Direct FTE Productive Hours)
 (Whole numbers)................................................
Professional Hourly Rate (Total Budgeted Resources Included in               275             278             1.1
 Professional Hourly Rate Divided by Mission-Direct FTE
 Converted to Hours) (Whole Numbers)............................
----------------------------------------------------------------------------------------------------------------

FY 2019 Fee Collection--Flat Application Fee Changes

    The NRC proposes to amend the flat application fees that it charges 
to applicants for materials licenses and other regulatory services, and 
holders of materials licenses in its schedule of fees in Sec. Sec.  
170.21 and 170.31 to reflect the revised professional hourly rate of 
$278. 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 2019. 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 2019 and will perform 
this review again in FY 2021. The biennial review adjustments and the 
higher professional hourly rate of $278 are the primary reasons for the 
increase in application fees. Please see the work papers for more 
detail.
---------------------------------------------------------------------------

    \3\ The fees collected by the NRC for Freedom of Information Act 
(FOIA) services and indemnity fees (financial protection required of 
all 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 the 
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 budgeted resources for indemnity activities are 
allocated under the Licensing Actions and Research & Test Reactors 
products within the Operating Reactors business line.
---------------------------------------------------------------------------

    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 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). Because the 
enacted budget excludes international activities from the fee-
recoverable budget, the NRC is not proposing to charge flat fees for 
import and export licensing actions of Sec.  170.21. Applications filed 
on or after the effective date of the FY 2019 final fee rule will be 
subject to the revised fees in the final rule.

FY 2019 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 2019, the amount budgeted for fee-relief activities is less 
than the 10 percent threshold. Therefore, the NRC proposes to assess a 
fee-relief credit that decreases all licensees' annual fees based on 
their percentage share of the budget. Table III summarizes the fee-
relief activities budgeted for FY 2019. The FY 2018 amounts are 
provided for comparison purposes.

                                        Table III--Fee-Relief Activities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                      FY 2018         FY 2019
                                                                     budgeted        budgeted       Percentage
                      Fee-relief activities                          resources       resources        change
                                                                    final rule     proposed rule
----------------------------------------------------------------------------------------------------------------
1. Activities not attributable to an existing NRC licensee or
 class of licensees:
    a. Agreement State oversight................................           $13.5           $11.5           -14.8
    b. Scholarships and Fellowships.............................            15.0            15.0             0.0

[[Page 582]]

 
    c. Medical Isotope Production Infrastructure................             3.9             5.0            28.2
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.....             8.7             9.1             4.6
    b. Costs not recovered from small entities under 10 CFR                  6.6             8.1            22.7
     171.16(c)..................................................
    c. Regulatory support to Agreement States...................            17.4            14.7           -15.5
    d. Generic decommissioning/reclamation (not related to the              14.5            13.0           -10.3
     power reactor and spent fuel storage fee classes)..........
    e. Uranium recovery program and unregistered general                     1.5             7.0           366.7
     licensees..................................................
    f. Potential Department of Defense remediation program                   1.2             2.1            75.0
     Memorandum of Understanding activities.....................
    g. Non-military radium sites................................             1.7             1.1           -35.3
                                                                 -----------------------------------------------
    Total fee-relief activities.................................            83.9            86.6             3.2
    Less 10 percent of the NRC's total FY budget (less the fee             -87.8           -86.8            -1.1
     recovery exclusions).......................................
                                                                 -----------------------------------------------
        Fee-Relief Adjustment to be Allocated to All Licensees'             -3.9            -0.2            94.9
         Annual Fees............................................
----------------------------------------------------------------------------------------------------------------

    Table IV shows how the NRC proposes to allocate the $0.2 million 
fee-relief credit to each licensee fee class. Due to the transition of 
Wyoming to Agreement State status, the NRC is proposing to expand the 
existing fee relief category, ``In situ leach rulemaking and 
unregistered general licensees,'' to include additional uranium 
recovery program budgeted resources. This ensures the equitability and 
stability of annual fees for the uranium recovery fee class by 
recognizing that now the majority of uranium recovery licensees are in 
Agreement States.
    In addition to the fee-relief credit, the NRC also proposes to 
assess a generic LLW surcharge of $3.8 million. Disposal of LLW occurs 
at commercially operated LLW disposal facilities that are 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 proposes to 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 2019
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                           LLW surcharge               Fee-relief adjustment           Total
                                 -------------------------------------------------------------------------------
                                      Percent            $            Percent            $               $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........            74.4          2.8257            86.6         -0.1322          2.6936
Spent Fuel Storage/Reactor                   0.0             0.0             4.7         -0.0072         -0.0072
 Decommissioning................
Research and Test Reactors......             0.0             0.0             0.2         -0.0003         -0.0003
Fuel Facilities.................            20.3          0.7708             4.0         -0.0062          0.7646
Materials Users.................             5.3          0.2012             3.8         -0.0058          0.1955
Transportation..................             0.0             0.0             0.6         -0.0009         -0.0009
Rare Earth Facilities...........             0.0             0.0             0.0             0.0             0.0
Uranium Recovery................             0.0             0.0             0.1         -0.0002         -0.0002
                                 -------------------------------------------------------------------------------
    Total.......................           100.0          3.7978           100.0         -0.1526          3.6451
----------------------------------------------------------------------------------------------------------------

FY 2019 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 2019 enacted 
budget (less the fee-recovery exclusions and the estimated amount to be 
recovered through 10 CFR part 170 fees). The estimated 10 CFR part 170 
collections for this proposed rule are $246.7 million, a decrease of

[[Page 583]]

$34.1 million from the FY 2018 fee rule (see the specific fee class 
sections for a discussion of this decrease). The NRC, therefore, 
proposes to recover $535.2 million through annual fees from its 
licensees, which is an increase of $26.7 million from the FY 2018 final 
rule.
    Table V shows the proposed rebaselined fees for FY 2019 for a 
representative list of categories of licensees. The FY 2018 amounts are 
provided for comparison purposes.

                                        Table V--Rebaselined Annual Fees
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019
                   Class/category of licenses                      FY 2018 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........................................      $4,333,000     $4,697,0000             8.4
+Spent Fuel Storage/Reactor Decommissioning.....................         198,000         163,000           -17.7
                                                                 -----------------------------------------------
    Total, Combined Fee.........................................       4,531,000       4,860,000             7.3
Spent Fuel Storage/Reactor Decommissioning......................         198,000         163,000           -17.7
Research and Test Reactors (Non-power Reactors).................          81,300          79,000            -2.8
High Enriched Uranium Fuel Facility.............................       7,346,000       6,679,000            -9.1
Low Enriched Uranium Fuel Facility..............................       2,661,000       2,263,000           -15.0
UF6 Conversion and Deconversion Facility........................       1,517,000       1,418,000            -6.5
Basic In Situ Recovery Facilities (Category 2.A.(2)(b)).........          49,200          49,200             0.0
Typical Materials Users:
    Radiographers (Category 3O).................................          25,000          30,200            20.8
    Well Loggers (Category 5A)..................................          14,900          14,600            -2.0
    All Other Specific Byproduct Material Licensees (Category              8,600          10,000            16.3
     3P)........................................................
    Broad Scope Medical (Category 7B)...........................          30,900          31,800             2.9
----------------------------------------------------------------------------------------------------------------

    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.
a. Operating Power Reactors
    The NRC proposes to collect $460.3 million in annual fees from the 
power reactor fee class in FY 2019, as shown in Table VI. The FY 2018 
fees and percentage change are shown for comparison purposes.

                     Table VI--Annual Fee Summary Calculations for Operating Power Reactors
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019       Percentage
                    Summary fee calculations                       FY 2018 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $669.9          $670.2             0.0
Less estimated 10 CFR part 170 receipts.........................          -239.6          -213.8           -10.8
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................           430.4           456.4             6.0
Allocated generic transportation................................             0.3             0.3             0.0
Fee-relief adjustment/LLW surcharge.............................            -0.8             2.7           437.5
Billing adjustment..............................................            -0.9             1.0           211.1
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................           428.9           460.3             7.3
    Total operating reactors....................................              99              98             1.0
Annual fee per reactor..........................................           4.333           4.697             8.4
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2018, the operating power reactors budgeted 
resources increased minimally in FY 2019. But estimated billings under 
10 CFR part 170 declined primarily due to decreases in both licensing 
actions and inspections resulting from the shutdown of the Oyster Creek 
reactor at the end of FY 2018, the planned shutdown of Pilgrim and 
Three Mile Island reactors during FY 2019, and the completion of the 
APR1400 design certification for Korea Hydro and Nuclear Power Co., 
LTD. Additionally, estimated billings under 10 CFR part 170 are 
expected to decline due to the replacement of the 6 percent automatic 
overhead charge for project manager, resident inspector, and senior 
resident inspector activities with new directly billed docket-related 
cost activity codes.
    The recoverable budgeted costs are divided equally among the 98 
licensed power reactors, resulting in a proposed annual fee of 
$4,697,000 per reactor. Additionally, each licensed power reactor is 
assessed the FY 2019 spent fuel storage/reactor decommissioning 
proposed annual fee of $163,000 (see Table VII and the discussion that 
follows). The combined proposed FY 2019 annual fee for power reactors 
is, therefore, $4,860,000.
    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

[[Page 584]]

proposing an annual fee in FY 2019 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
    The NRC proposes to collect $19.9 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 
the spent fuel storage/reactor decommissioning fee class.

     Table VII--Annual Fee Summary Calculations for the Spent Fuel Storage/Reactor Decommissioning Fee Class
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019       Percentage
                    Summary fee calculations                       FY 2018 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $33.8           $35.6             5.3
Less estimated 10 CFR part 170 receipts.........................           -10.2           -16.5            61.8
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            23.7            19.1           -19.4
Allocated generic transportation costs..........................             0.7             0.7             0.0
Fee-relief adjustment...........................................            -0.2             0.0            -100
Billing adjustments.............................................             0.0             0.1             100
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................            24.2            19.9           -17.8
    Total spent fuel storage facilities.........................             122             122             0.0
Annual fee per facility.........................................           0.198           0.163           -17.7
----------------------------------------------------------------------------------------------------------------

    Compared to FY 2018, the FY 2019 budgeted resources for spent fuel 
storage/reactor decommissioning increased due to: (1) An increase in 
the number of financial reviews and licensing actions associated with 
operating power reactors undergoing decommissioning, (2) the ongoing 
licensing reviews for two consolidated Interim storage facility license 
applications including the development of environmental impact 
statements, and (3) the independent spent fuel storage installation 
license renewal for Three Mile Island-2, Trojan, and Rancho Seco and 
the associated environmental assessments.
    The 10 CFR part 170 estimated billings for FY 2019 increased due to 
(1) resuming licensing work on Interim Storage Partner's consolidated 
interim storage facility application, (2) increasing work on Holtec 
International's consolidated interim storage facility application, and 
(3) an increased workload for reactors in decommissioning.
    The annual fee decreased due to rising 10 CFR part 170 estimated 
billings. The required annual fee recovery amount is divided equally 
among 122 licensees, resulting in a proposed FY 2019 annual fee of 
$163,000 per licensee.
c. Fuel Facilities
    The NRC proposes to collect $24.8 million in annual fees from the 
fuel facilities class.

                         Table VIII--Annual Fee Summary Calculations for Fuel Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019       Percentage
                    Summary fee calculations                       FY 2018 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $35.2           $30.0           -14.8
Less estimated 10 CFR part 170 receipts.........................            -9.2            -7.2           -21.7
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            26.0            22.8           -12.3
Allocated generic transportation................................             1.3             1.3             0.0
Fee-relief adjustment/LLW surcharge.............................             0.5             0.8            60.0
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total remaining required annual fee recovery \4\............            27.7            24.8           -10.5
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2018, the fuel facilities budgeted resources 
decreased in FY 2019, primarily due to aligning resources with a 
smaller projected workload.
---------------------------------------------------------------------------

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

    The estimated 10 CFR part 170 collections decreased in FY 2019 as a 
result of the expected termination of the CB&I AREVA MOX Fuel 
Fabrication facility construction authorization and license application 
withdrawal, and the expected completion of Honeywell's license renewal, 
offset by increased work for Westinghouse associated with an emergency 
preparedness exercise, confirmatory order items and its license 
renewal.
    The NRC proposes to continue allocating 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 IX).

[[Page 585]]

The annual fees are then distributed across the fee class based on the 
regulatory effort predicted by the matrix.

                              Table IX--Effort Factors for Fuel Facilities, FY 2019
----------------------------------------------------------------------------------------------------------------
                                                                                    Effort factors (percent of
                                                                     Number of                total)
                  Facility type (fee category)                      facilities   -------------------------------
                                                                                      Safety        Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................               2              88              91
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................               3              70              21
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 2019, the total remaining required annual fee recovery amount 
of $24.8 million is comprised of safety activities, safeguards 
activities and the fee-relief adjustment/LLW surcharge. For FY 2019, 
the total budgeted resources to be recovered as annual fees for safety 
activities are $13.7 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, $10.3 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--$0.8 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. The 
fee for each facility is summarized in Table X.

                                    Table X--Annual Fees for Fuel Facilities
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019
                  Facility type (fee category)                     FY 2018 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................      $7,346,000      $6,679,000            -9.1
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................       2,661,000       2,263,000           -15.0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............             N/A             N/A             N/A
Hot Cell (and others) (1.A.(2)(c))..............................             N/A             N/A             N/A
Uranium Enrichment (1.E.).......................................       3,513,000       3,283,000            -6.5
UF6 Conversion and Deconversion (2.A.(1)).......................       1,517,000       1,418,000            -6.5
----------------------------------------------------------------------------------------------------------------

d. Uranium Recovery Facilities
    The NRC proposes to collect $0.2 million in annual fees from the 
uranium recovery facilities fee class, a decrease of 60.0 percent from 
FY 2018.

[[Page 586]]



                    Table XI--Annual Fee Summary Calculations for Uranium Recovery Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019       Percentage
                    Summary fee calculations                       FY 2018 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $13.5            $1.1           -91.9
Less estimated 10 CFR part 170 receipts.........................           -12.9            -0.9           -93.0
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................             0.6             0.2           -66.7
Allocated generic transportation................................             N/A             N/A             N/A
Fee-relief adjustment...........................................            -0.1             0.0             100
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................             0.5             0.2           -60.0
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2018, the FY 2019 budgeted resources for 
uranium recovery licensees decreased due to the transition of Wyoming 
to Agreement State status and subsequent realignment of the Uranium 
Mill Tailings Radiation Control Act (UMTRCA) program. In addition, 
budgeted resources decreased as a result of expanding the existing fee-
relief category, ``In Situ leach rulemaking and unregistered general 
licenses'' to include additional Uranium Recovery activities in order 
to ensure equitability and the stability of annual fees.
    The NRC regulates DOE's Title I and Title II activities under 
UMTRCA \5\ 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 slightly due to the 
budgeted resources reduction and an increase in estimated 10 CFR part 
170 billings for work on the Atlantic Richfield review. The NRC 
assesses the remaining 90 percent of its budgeted costs to the 
remaining licensee in this fee class, as described in the work papers. 
This is reflected in Table XII as follows:
---------------------------------------------------------------------------

    \5\ 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 XII--Costs Recovered Through Annual Fees; Uranium Recovery Fee Class
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019
                        Summary of costs                           FY 2018 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          $80,921        $114,988            42.1
     170 receipts...............................................
    10 percent of generic/other uranium recovery budgeted costs.          47,723           5,484           -88.5
    10 percent of uranium recovery fee-relief adjustment........          -6,724             -21            99.7
                                                                 -----------------------------------------------
        Total Annual Fee Amount for DOE (rounded)...............         122,000         120,000            -1.6
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery budgeted costs          429,509          49,355           -88.5
     less the amounts specifically budgeted for UMTRCA Title I
     and Title II activities....................................
    90 percent of uranium recovery fee-relief adjustment........         -60,517            -192            99.7
                                                                 -----------------------------------------------
        Total Annual Fee Amount for Other Uranium Recovery               368,992          49,163           -86.7
         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; and mill tailings disposal 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). Currently, there is only one 
remaining non-DOE licensee which is a Basic In Situ Recovery facility. 
Table XIII displays the benefit factors for the non-DOE licensee in 
that fee category:

                            Table XIII--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 (2.A.(2)(a))..               0               0               0               0
Basic In Situ Recovery facilities (2.A.(2)(b))..               1             190             190           100.0

[[Page 587]]

 
Expanded In Situ Recovery facilities                           0               0               0               0
 (2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing                0               0               0               0
 tailings sites (2.A.(4)).......................
                                                 ---------------------------------------------------------------
    Total.......................................               1             190             190           100.0
----------------------------------------------------------------------------------------------------------------

    The annual fee for the remaining non-DOE licensee is calculated by 
allocating 100 percent of the budgeted resources, as summarized in 
Table XIV.

                              Table XIV--Annual Fees for Uranium Recovery Licensees
                                                [Other than DOE]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019
                  Facility type (fee category)                     FY 2018 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..................         $38,800             N/A            -100
Basic In Situ Recovery facilities (2.A.(2)(b))..................          49,200         $49,200               0
Expanded In Situ Recovery facilities (2.A.(2)(c))...............          55,700             N/A            -100
Section 11e.(2) disposal incidental to existing tailings sites            22,000             N/A            -100
 (2.A.(4))......................................................
Uranium water treatment (2.A.(5))...............................           6,500             N/A            -100
----------------------------------------------------------------------------------------------------------------

e. Research and Test Reactors (Non-Power Reactors)
    The NRC proposes to collect $0.316 million in annual fees from the 
research and test reactor licensee class.

                    Table XV--Annual Fee Summary Calculations for Research and Test Reactors
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019       Percentage
                    Summary fee calculations                       FY 2018 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $2.009          $1.293           -35.6
Less estimated 10 CFR part 170 receipts.........................          -1.698          -1.006           -40.8
    Net 10 CFR part 171 resources...............................           0.311           0.287            -7.7
Allocated generic transportation................................           0.027           0.027             0.0
Fee-relief adjustment...........................................          -0.010           0.000             100
Billing adjustments.............................................          -0.003           0.002           166.7
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................           0.325           0.316            -2.8
                                                                 -----------------------------------------------
    Total research and test reactors............................               4               4             0.0
                                                                 -----------------------------------------------
        Total annual fee per reactor............................          0.0813           .0790            -2.8
----------------------------------------------------------------------------------------------------------------

    For this fee class, the budgeted resources decreased due to 
projected application delays within the medical isotope production 
facilities for Shine and NorthWest Medical Isotopes. The 10 CFR part 
170 estimated billings also decreased due to projected application 
delays within the medical isotope production facilities for Shine and 
NorthWest, offset by an increase in activity for Aerotest's startup 
inspection and license renewal application. The proposed FY 2019 annual 
fee decreased due to a decrease in budgeted resources, offset by a 
decline in estimated 10 CFR part 170 billings.
    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 2019 annual fee of $79,000 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 2019.
g. Materials Users
    The NRC proposes to collect $36.5 million in annual fees from 
materials users licensed under 10 CFR parts 30, 40, and 70.

[[Page 588]]



                         Table XVI--Annual Fee Summary Calculations for Materials Users
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019       Percentage
                    Summary fee calculations                       FY 2018 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources for licensees not regulated by                    $32.1           $36.0            12.1
 Agreement States...............................................
Less estimated 10 CFR part 170 receipts.........................            -0.9            -1.0            11.1
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            31.1            35.0            12.5
Allocated generic transportation................................             1.3             1.3             0.0
Fee-relief adjustment/LLW surcharge.............................             0.0             0.2           100.0
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
        Total required annual fee recovery......................            32.4            36.5            12.7
----------------------------------------------------------------------------------------------------------------

    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 of $36.5 million proposed for FY 
2019 shown in Table XVI consists of the following: $28.6 million for 
general costs, $7.5 million for inspection costs, $0.2 million for 
unique costs for medical licenses and $0.2 million for fee relief/LLW 
costs. To equitably and fairly allocate the $36.5 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 both increase and decrease annual fees for 
licensees in this fee class in FY 2019 due to the results of the 
biennial review of fees. This analysis examines the actual hours spent 
in previous years performing licensing actions and then estimates the 
average professional staff hours that are needed to process similar 
licensing actions multiplied by the proposed professional hourly rate 
for FY 2019.
    The constant multiplier is established to recover the total general 
costs (including allocated generic transportation costs) of $28.6 
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 1.33 for FY 2019. The average inspection cost is the average 
inspection hours for each fee category multiplied by the professional 
hourly rate of $278. The inspection priority is the interval between 
routine inspections, expressed in years. The inspection multiplier is 
established in order to recover the $7.5 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 1.44 for FY 2019. 
The unique category costs are any special costs that the NRC has 
budgeted for a specific category of licenses. For FY 2019, unique 
category costs include approximately $0.2 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. Please see the work papers for more detail about this 
classification.
    The annual fee assessed to each licensee also includes a share of 
the approximately $0.006 million fee-relief credit assessment allocated 
to the materials users fee class (see Table IV, ``Allocation of Fee-
Relief Adjustment and LLW Surcharge, FY 2019,'' in Section IV, 
``Discussion,'' of this document), and for certain categories of these 
licensees, a share of the approximately $0.2 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 $1.2 million in annual fees to recover 
generic transportation budgeted resources. The FY 2018 values are shown 
for comparison purposes.

                         Table XVII--Annual Fee Summary Calculations for Transportation
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2019       Percentage
                    Summary fee calculations                       FY 2018 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total Budgeted Resources........................................            $7.9            $8.0             1.3
Less Estimated 10 CFR part 170 Receipts.........................            -3.1            -3.3             6.5
                                                                 -----------------------------------------------
    Net 10 CFR part 171 Resources...............................             4.7             4.7             0.0
Less Generic Transportation Resources...........................            -3.6            -3.6             0.0
Fee-relief adjustment/LLW surcharge.............................             0.0             0.0             0.0
Billing adjustments.............................................             0.0             0.0             0.0
    Total required annual fee recovery..........................             1.1             1.2             9.1
----------------------------------------------------------------------------------------------------------------


[[Page 589]]

    In comparison to FY 2018, the total budgeted resources for FY 2019 
for generic transportation activities increased slightly due to an 
increase in the Certificates of Compliance (CoCs) for DOE (from 21 to 
22) and an increased workload.
    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 increase for DOE is 
mainly due an increase in CoCs from 21 in FY 2018 to 22 in FY 2019.
    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 2019
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Allocated
                                                                  Number of CoCs   Percentage of      generic
                     Licensee fee class/DOE                       benefiting fee    total CoCs    transportation
                                                                   class or DOE                      resources
----------------------------------------------------------------------------------------------------------------
Materials Users.................................................            24.0            26.8            $1.3
Operating Power Reactors........................................             5.0             5.6             0.3
Spent Fuel Storage/Reactor Decommissioning......................            14.0            15.6             0.7
Research and Test Reactors......................................             0.5             0.6             0.0
Fuel Facilities.................................................            24.0            26.8             1.3
                                                                 -----------------------------------------------
    Sub-Total of Generic Transportation Resources...............            67.5            75.4             3.6
DOE.............................................................            22.0            24.6             1.2
                                                                 -----------------------------------------------
        Total...................................................            89.5           100.0             4.7
----------------------------------------------------------------------------------------------------------------

    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 2019--Policy Changes

    The NRC proposes two policy changes for FY 2019:

Changes to Small Materials Users Fee Categories for Locations of Use

    The NRC proposes to add one new fee subcategory under Sec.  170.31, 
``Schedule of fees for materials licenses and other regulatory 
services, including inspections, and import and export licenses,'' and 
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.'' Generally speaking, Sec.  
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 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. Previously--in the FY 2015 final fee rule--
the NRC therefore added three fee subcategories under one fee category, 
3.L. (research and development broad scope). And in the FY 2018 final 
fee rule, the NRC added seven fee subcategories under, 3.A., 3.B., 
3.C., 3.O., 3.P., 7.A. and 7.B. for licenses with six or more locations 
of use. For the FY 2019 fee rule, the NRC determined that there is one 
more category of licenses that is affected. Accordingly, the NRC 
proposes to add subcategories to this fee category:
     Medical licenses under fee category 7.C.
    To more accurately reflect the cost of services provided by the 
NRC, this change would result in this fee category having subcategories 
for 1-5, 6-20, and more than 20 locations of use.

Eliminate a Fee Category

    In response to comments received on the FY 2018 proposed fee rule, 
the NRC proposes to eliminate a fee category in Sec. Sec.  170.31 and 
171.16. The fee category is 2.A.(5)--Licenses that authorize the 
possession of source material related to removal of contaminants 
(source material) from drinking water.
    Under current NRC regulations, an entity that removes uranium from 
drinking water at community water systems is viewed as a ``2.A.(5) fee 
category'' licensee for fee purposes.
    Although the licensee recovers sufficient quantities of uranium to 
require an NRC license (or a license from an Agreement State), its 
licensed material is not sold for profit; rather, the licensed material 
is a waste product from its water treatment process. These types of 
``uranium recovery'' licensees are therefore distinguishable from those 
licensees that profit from concentrating uranium as source material. 
The NRC believes that full cost recovery is not warranted for licensees 
that do not profit from concentrating uranium. Therefore, the NRC 
proposes to eliminate this fee category from Sec. Sec.  170.31 and 
171.16 and reclassify current and future licensees under this category 
to 2.F.--All other source material licenses.

FY 2019--Administrative Changes

    The NRC also proposes to make an administrative change:

[[Page 590]]

Change Small Entity Fees

    The NRC conducted a biennial review in FY 2019 of small entity fees 
to determine whether the NRC should change those fees. The NRC used the 
fee methodology, developed in FY 2009, which applies a fixed percentage 
of 39 percent to the prior 2-year weighted average of materials users' 
fees when performing its biennial review. Based on this methodology, 
the NRC determined the new small entity fees for FY 2019 should be 
$4,500 for upper-tier small entities and $900 for lower-tier small 
entities. As a result of the NRC's FY 2019 biennial review using the 
same methodology, the NRC is now proposing to increase the upper tier 
small entity fee from $4,100 to $4,500 and increase the lower-tier fee 
from $850 to $900. This would constitute a 13-percent and 6-percent 
increase, respectively. The NRC believes these fees are reasonable and 
provide relief to small entities while at the same time recovering from 
those licensees some of the NRC's costs for activities that benefit 
them.

Update to the Fees Transformation Initiative

    As an informal update, 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 in FY 2020. With respect to the 
fees setting process improvements, all 7 of the activities scheduled 
for FY 2018 and an additional 10 scheduled for FY 2019 were completed 
by the end of FY 2018. These improvements included discontinuing the 
Project Manager/Resident inspector 6 percent overhead charge, enhancing 
the information included on the 10 CFR part 170 invoices, improving the 
fee rule work papers, and enhancing the financial management systems. 
For the remaining process changes recommended for future consideration, 
the NRC is well-positioned to complete them on schedule. For 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.

V. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA),\6\ the NRC has prepared a regulatory flexibility analysis 
related to this proposed rule. The regulatory flexibility analysis is 
available as indicated in Section XIV, Availability of Documents, of 
this document.
---------------------------------------------------------------------------

    \6\ 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).
---------------------------------------------------------------------------

VI. Regulatory Analysis

    Under OBRA-90, the NRC is required to recover approximately 90 
percent of its budget authority in FY 2019. 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 
proposed rule.

VII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule, Sec.  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.

VIII. 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.

IX. National Environmental Policy Act

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

X. 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.

XI. 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 2019, as required by OBRA-90. 
This action does not constitute the establishment of a standard that 
contains generally applicable requirements.

XII. 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 2019 proposed 
fee rule. The compliance guide was developed when the NRC completed the 
small entity biennial review for FY 2019. This guide is available as 
indicated in Section XIV, Availability of Documents, of this document.

XIII. Public Meeting

    The NRC will conduct a public meeting for the purpose of describing 
the proposed rule and answering questions from the public on the

[[Page 591]]

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-
2017-0032. For instructions to receive alerts when changes or additions 
occur in a docket folder, see Section XIV, Availability of Documents, 
of this document. Stakeholders should monitor the NRC's public meeting 
website for information about the public meeting at: http://www.nrc.gov/public-involve/public-meetings/index.cfm.

XIV. 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./web link
------------------------------------------------------------------------
FY 2019 Proposed Rule Work Papers......  ML18361A780.
FY 2019 Regulatory Flexibility Analysis  ML18347A452.
FY 2019 U.S. Nuclear Regulatory          ML18338A006.
 Commission Small Entity Compliance
 Guide.
NRC Form 526, Certification of Small     http://www.nrc.gov/reading-rm/
 Entity Status for the Purposes of        doc-collections/forms/
 Annual Fees Imposed under 10 CFR part    nrc526.pdf.
 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-transformation-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 http://www.regulations.gov under Docket ID NRC-
2017-0032. 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-2017-0032; (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.  170.21, in the table revise the entry for ``K. Import and 
export licenses;'' to read as follows:


Sec.  170.21  Schedule of fees for production and 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\
------------------------------------------------------------------------
 
                              * * * * * * *
K. Import and export licenses: \1\
    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                       N/A
         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               N/A
         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                      N/A
         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             N/A
         and equipment not requiring Commission or
         Executive Branch review, or obtaining foreign
         government assurances..........................

[[Page 592]]

 
            Application--new license, or amendment; or
             license exemption request
        5. Minor amendment of any active export or                   N/A
         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\ Because the Energy and Water, Legislative Branch, and Military
  Construction and Veterans Affairs Appropriations Act, 2019, excludes
  international activities from the fee-recoverable budget in FY 2019,
  import and export licensing actions will not be charged fees.

0
3. 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     Full Cost.
         Material (High Enriched
         Uranium) \6\ [Program Code(s):
         21213].
        (b) Low Enriched Uranium in       Full Cost.
         Dispersible Form Used for
         Fabrication of Power Reactor
         Fuel \6\ [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.\6\
        (a) Facilities with limited       Full Cost.
         operations \6\ [Program
         Code(s): 21240, 21310, 21320].
        (b) Gas centrifuge enrichment     Full Cost.
         demonstration facilities.\6\
         [Program Code(s): 21205].
        (c) Others, including hot cell    Full Cost.
         facilities.\6\ [Program
         Code(s): 21130, 21133].
    B. Licenses for receipt and storage   Full Cost.
     of spent fuel and reactor-related
     Greater than Class C (GTCC) waste
     at an independent spent fuel
     storage installation (ISFSI) \6\
     [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):     $1,300.
         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 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):     $2,600.
         22110, 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 \6\
     [Program Code(s): 21200].
    F. Licenses for possession and use    Full Cost.
     of 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\ \6\
     [Program Code(s): 22155].
2. Source material: \11\
    A. (1) Licenses for possession and    Full Cost.
     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.\6\ [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.\6\
        (a) Conventional and Heap Leach   Full Cost.
         facilities \6\ [Program
         Code(s): 11100].
        (b) Basic In Situ Recovery        Full Cost.
         facilities \6\ [Program
         Code(s): 11500].
        (c) Expanded In Situ Recovery     Full Cost.
         facilities \6\ [Program
         Code(s): 11510].
        (d) In Situ Recovery Resin        Full Cost.
         facilities \6\ [Program
         Code(s): 11550].
        (e) Resin Toll Milling            Full Cost.
         facilities \6\ [Program
         Code(s): 11555].
        (f) Other facilities \6\          Full Cost.
         [Program Code(s): 11700].
    (3) Licenses that authorize the       Full Cost.
     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) \6\
     [Program Code(s): 11600, 12000].
    (4) Licenses that authorize the       Full Cost.
     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) \6\
     [Program Code(s): 12010].
    B. Licenses which authorize the
     possession, use, and/or
     installation of source material for
     shielding.\7\ \8\
        Application [Program Code(s):     $1,200.
         11210].

[[Page 593]]

 
    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):     $4,300.
         11240].
    D. Licenses to distribute source
     material to persons generally
     licensed under part 40 of this
     chapter.
        Application [Program Code(s):     $2,800.
         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):     $2,600.
         11710].
    F. All other source material
     licenses.
        Application [Program Code(s):     $2,600.
         11200, 11220, 11221, 11300,
         11800, 11810, 11820].
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):     $13,000.
         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          $17,300.
             Code(s): 04010, 04012,
             04014].
        (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          $21,600.
             Code(s): 04011, 04013,
             04015].
    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          $3,600.
             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          $4,800.
             Code(s): 04110, 04112,
             04114, 04116].
        (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          $5,900.
             Code(s): 04111, 04113,
             04115, 04117].
    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):     $5,200.
         02500, 02511, 02513].
        (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          $6,900.
             Code(s): 04210, 04212,
             04214].
        (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          $8,600.
             Code(s): 04211, 04213,
             04215].
    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):     $3,200.
         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):     $6,500.
         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):     $62,000.
         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):     $6,600.
         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):     $11,600.
         03250, 03251, 03252, 03253,
         03256].

[[Page 594]]

 
    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):     $2,000.
         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):     $1,100.
         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):     $5,500.
         01100, 01110, 01120, 03610,
         03611, 03612, 03613].
        (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          $7,300.
             Code(s): 04610, 04612,
             04614, 04616, 04618, 04620,
             04622].
        (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          $9,100.
             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.
        Application [Program Code(s):     $8,300.
         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          $8,900.
             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):     $6,300.
         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          $8,500.
             Code(s): 04310, 04312].
        (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          $10,600.
             Code(s): 04311, 04313].
    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):     $4,700.
         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          $6,300.
             Code(s): 04410, 04412,
             04414, 04416, 04418, 04420,
             04422, 04424, 04426, 04428,
             04430, 04432, 04434, 04436,
             04438].
        (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          $7,900.
             Code(s): 04411, 04413,
             04415, 04417, 04419, 04421,
             04423, 04425, 04427, 04429,
             04431, 04433, 04435, 04437,
             04439].
    Q. Registration of a device(s)        $700.
     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          $2,600.
             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          $2,500.
             Code(s): 02710].
    S. Licenses for production of
     accelerator-produced radionuclides.
        Application [Program Code(s):     $14,200.
         03210].
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):     Full Cost.
         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):     $6,900.
         03234].

[[Page 595]]

 
    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):     $5,000.
         03232].
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):     $4,600.
         03110, 03111, 03112].
    B. Licenses for possession and use
     of byproduct material for field
     flooding tracer studies.
        Licensing [Program Code(s):       Full Cost.
         03113].
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):     $22,200.
         03218].
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):     $11,100.
         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          $14,800.
             Code(s): 04510, 04512].
        (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          $18,500.
             Code(s): 04511, 04513].
    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.
     Number of locations of use:
     1[dash]5.
        Application [Program Code(s):     $8,700.
         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.
         Number of locations of use:
         6[dash]20.
            Application [Program          $11,500.
             Code(s): 04710].
        (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.
         Number of locations of use:
         More than 20.
            Application [Program          $14,400.
             Code(s): 04711].
    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.\10\ Number of locations of
     use: 1[dash]5.
        Application [Program Code(s):     $6,600.
         02120, 02121, 02200, 02201,
         02210, 02220, 02230, 02231,
         02240, 22160].
        (1) 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.\10\ Number
         of locations of use: 6-20.
            Application [Program          $8,700.
             Code(s): 04810, 04812,
             04814, 04816, 04818, 04820,
             04822, 04824, 04826, 04828].
        (2) 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.\10\ Number
         of locations of use: More than
         20.
            Application [Program          $10,900.
             Code(s): 04811, 04813,
             04815, 04817, 04819, 04821,
             04823, 04825, 04827, 04829].
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):     $2,600.
         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........  $10,800.
    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........  $9,000.

[[Page 596]]

 
    C. Safety evaluation of sealed
     sources containing byproduct
     material, source material, or
     special nuclear material, except
     reactor fuel, for commercial
     distribution.
        Application--each source........  $5,300.
    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........  $1,100.
10. Transportation of radioactive
 material:
    A. Evaluation of casks, packages,
     and shipping containers.
        1. Spent Fuel, High-Level Waste,  Full Cost.
         and 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.................  $4,200.
            Inspections.................  Full Cost.
        2. Users.
            Application.................  $4,200.
            Inspections.................  Full Cost.
    C. Evaluation of security plans,      Full Cost.
     route 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:        Full Cost.
         25110].
13. A. Spent fuel storage cask            Full Cost.
 Certificate of Compliance..
    B. Inspections related to storage of  Full Cost.
     spent fuel under Sec.   72.210 of
     this chapter.
14. Decommissioning/Reclamation \11\
    A. Byproduct, source, or special      Full Cost.
     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      Full Cost.
     activities associated with
     unlicensed sites, including MMLs,
     regardless of whether or not the
     sites have been previously licensed.
15. Import and Export licenses: \12\
    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  N/A.
             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      N/A.
         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.
        Application--new license, or      N/A.
         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      N/A.
         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.................  N/A.
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      N/A.
         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      N/A.
         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      N/A.
         amendment; or license exemption
         request.

[[Page 597]]

 
    I. Requests for each additional
     government-to-government consent in
     support of an export license
     application or active export
     license.
        Application--new license, or      N/A.
         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      N/A.
         amendment; or license exemption
         request.
    K. Applications for export of
     appendix P Category 2 materials
     requiring Executive Branch review.
        Application--new license, or      N/A.
         amendment; or license exemption
         request.
    L. Application for the export of
     Category 2 materials.
        Application--new license, or      N/A.
         amendment; 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      N/A.
     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.........................  $2,100.
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.        Full Cost.
     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    Full Cost.
     Control 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).
(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., 3.C.1, or 3.C.2 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., 3.P.1, or 3.P.2 for calibration or leak testing services
  authorized on the same license.

[[Page 598]]

 
\10\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
  to paying fees under 7.C., 7.C.1, or 7.C.2. 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.
\12\ Because the Energy and Water, Legislative Branch, and Military
  Construction and Veterans Affairs Appropriations Act, 2019, excludes
  international activities from the fee-recoverable budget in FY 2019,
  import and export licensing actions will not be charged fees.

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
4. 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
5. In Sec.  171.15, revise paragraphs (b)(1) and (2) introductory text, 
(c)(1) and (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 2019 annual fee for each operating power reactor that 
must be collected by September 30, 2019, is $4,697,000.
    (2) The FY 2019 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 
2019 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2019 base annual fee for 
operating power reactors are as follows:
* * * * *
    (c)(1) The FY 2019 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 $163,000.
    (2) The FY 2019 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 
2019 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2019 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 2019 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2019 fee-relief adjustment allocated to the 
operating power reactor class of licenses is a $132,181 fee-relief 
credit, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2019 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is 
approximately a $1,349 fee-relief credit. This amount is calculated by 
dividing the total operating power reactor fee-relief credit, $132,181, 
by the number of operating power reactors (98).
    (3) The FY 2019 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a $7,163 fee-
relief credit. The FY 2019 spent fuel storage/reactor decommissioning 
fee relief adjustment to be assessed to each operating power reactor, 
each power reactor in decommissioning or 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 
$58.71 fee-relief credit. This amount is calculated by dividing the 
total fee-relief credit 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 2019 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............................................     $79,000
Test reactor................................................      79,000
------------------------------------------------------------------------

0
6. In Sec.  171.16, revise paragraphs (c), (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.

* * * * *
    (c) A licensee who is required to pay an annual fee under this 
section, in addition to 10 CFR part 72 licenses, may qualify as a small 
entity. If a licensee qualifies as a small entity and provides the 
Commission with the proper certification along with its annual fee 
payment, the licensee may pay reduced annual fees as shown in the 
following table. Failure to file a small entity certification in a 
timely manner could result in the receipt of a delinquent invoice 
requesting the outstanding balance due and/or denial of any refund that 
might otherwise be due. The small entity fees are as follows:

[[Page 599]]



------------------------------------------------------------------------
                                                          Maximum annual
                                                              fee per
             NRC small entity classification                 licensed
                                                             category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
 gross receipts over last 3 completed fiscal years):
    $485,000 to $7 million..............................          $4,500
    Less than $485,000..................................             900
Small Not-For-Profit Organizations (Annual Gross
 Receipts):
    $485,000 to $7 million..............................           4,500
    Less than $485,000..................................             900
Manufacturing Entities that Have An Average of 500
 Employees or Fewer:
    35 to 500 employees.................................           4,500
    Fewer than 35 employees.............................             900
Small Governmental Jurisdictions (Including publicly
 supported educational institutions) (Population):
    20,000 to 49,999....................................           4,500
    Fewer than 20,000...................................             900
Educational Institutions that are not State or Publicly
 Supported, and have 500 Employees or Fewer
    35 to 500 employees.................................           4,500
    Fewer than 35 employees.............................             900
------------------------------------------------------------------------

    (d) The FY 2019 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2019 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2019 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 2 3
            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          $6,679,000
         Enriched Uranium) \15\ [Program Code(s):
         21130]......................................
        (b) Low Enriched Uranium in Dispersible Form           2,263,000
         Used for Fabrication of Power Reactor Fuel
         \15\ [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 \15\                  N/A
         [Program Code(s): 21310, 21320].............
        (b) Gas centrifuge enrichment demonstration                  N/A
         facility \15\...............................
        (c) Others, including hot cell facility \15\.                N/A
    B. Licenses for receipt and storage of spent fuel                N/A
     and reactor-related Greater than Class C (GTCC)
     waste at an independent spent fuel storage
     installation (ISFSI) 11 15 [Program Code(s):
     23200]..........................................
    C. Licenses for possession and use of special                  2,900
     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,                7,500
     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           3,283,000
     a uranium enrichment facility \15\ [Program
     Code(s): 21200].................................
    F. Licenses for possession and use of special                  5,500
     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           1,418,000
     material for refining uranium mill concentrates
     to uranium hexafluoride or for deconverting
     uranium hexafluoride in the production of
     uranium oxides for disposal.\15\ [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                              N/A
         facilities.\15\ [Program Code(s): 11100]....
        (b) Basic In Situ Recovery facilities.\15\                49,200
         [Program Code(s): 11500]....................
        (c) Expanded In Situ Recovery facilities \15\                N/A
         [Program Code(s): 11510]....................
        (d) In Situ Recovery Resin facilities.\15\               \5\ N/A
         [Program Code(s): 11550]....................
        (e) Resin Toll Milling facilities.\15\                   \5\ N/A
         [Program 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).\15\
         [Program Code(s): 11600, 12000].............
        (4) Licenses that authorize the receipt of                   N/A
         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).\15\
         [Program Code(s): 12010]....................

[[Page 600]]

 
    B. Licenses which authorize the possession, use,               3,100
     and/or installation of source material for
     shielding.16 17 Application [Program Code(s):
     11210]..........................................
    C. Licenses to distribute items containing source              7,900
     material to persons exempt from the licensing
     requirements of part 40 of this chapter.
     [Program Code: 11240]...........................
    D. Licenses to distribute source material to                   6,100
     persons generally licensed under part 40 of this
     chapter. [Program Code(s): 11230 and 11231].....
    E. Licenses for possession and use of source                   7,400
     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                9,500
     Code(s): 11200, 11220, 11221, 11300, 11800,
     11810, 11820]...................................
3. Byproduct material:
    A. Licenses of broad scope for possession and use             28,800
     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                       38,300
         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                       47,600
         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): 04011,
         04013, 04015]...............................
    B. Other licenses for possession and use of                   11,800
     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              15,600
         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): 04110,
         04112, 04114, 04116]........................
        (2) Other licenses for possession and use of              19,200
         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):
         04111, 04113, 04115, 04117].................
    C. Licenses issued under Sec.  Sec.   32.72 and/              11,000
     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.
     [Program Code(s): 02500, 02511, 02513]..........
        (1) Licenses issued under Sec.  Sec.   32.72              14,500
         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: 6-
         20. [Program Code(s): 04210, 04212, 04214]..
        (2) Licenses issued under Sec.  Sec.   32.72              18,000
         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): 04211,
         04213, 04215]...............................
    D. [Reserved]....................................            \5\ N/A
    E. Licenses for possession and use of byproduct               11,900
     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               11,100
     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                 88,200
     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              10,900
     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              17,600
     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               4,300
     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]..........................................

[[Page 601]]

 
    K. Licenses issued under subpart B of part 32 of               3,100
     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             15,500
     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                20,600
         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]...
        (2) Licenses of broad scope for possession                25,500
         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                   15,200
     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                 18,900
     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.
     [Program Code(s): 03219, 03225, 03226]..........
    O. Licenses for possession and use of byproduct               30,200
     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                    40,400
         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): 04310, 04312]......................
        (2) Licenses for possession and use of                    50,400
         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): 04311, 04313].............
    P. All other specific byproduct material                      10,000
     licenses, except those in Categories 4.A.
     through 9.D.\18\ 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                 13,400
         licenses, except those in Categories 4.A.
         through 9.D.\18\ Number of locations of use:
         6-20. [Program Code(s): 04410, 04412, 04414,
         04416, 04418, 04420, 04422, 04424, 04426,
         04428, 04430, 04432, 04434, 04436, 04438]...
        (2) All other specific byproduct material                 16,700
         licenses, except those in Categories 4.A.
         through 9.D.\18\ Number of locations of use:
         more than 20. [Program Code(s): 04411,
         04413, 04415, 04417, 04419, 04421, 04423,
         04425, 04427, 04429, 04431, 04433, 04435,
         04437, 04439]...............................
    Q. Registration of devices generally licensed               \13\ N/A
     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                 7,200
         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                  7,500
         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-                    31,000
     produced radionuclides [Program Code(s): 03210].
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt              32,900
     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              18,700
     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              10,700
     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]..............
5. Well logging:
    A. Licenses for possession and use of byproduct               14,600
     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             35,600
     of items contaminated with byproduct material,
     source material, or special nuclear material.
     [Program Code(s): 03218]........................
7. Medical licenses:

[[Page 602]]

 
    A. Licenses issued under parts 30, 35, 40, and 70             26,100
     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.\9\ Number of locations of use:
     1-5. [Program Code(s): 02300, 02310]............
        (1) Licenses issued under parts 30, 35, 40,               34,700
         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.\9\ Number of locations of use: 6-
         20. [Program Code(s): 04510, 04512].........
        (2) Licenses issued under parts 30, 35, 40,               43,400
         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.\9\ Number of locations of use: more
         than 20. [Program Code(s): 04511, 04513]....
    B. Licenses of broad scope issued to medical                  31,800
     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             42,200
         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): 04710]................
        (2) Licenses of broad scope issued to medical             52,500
         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): 04711]...........
    C. Other licenses issued under parts 30, 35, 40,              15,400
     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 Number of locations of use: 1[dash]5.
     [Program Code(s): 02120, 02121, 02200, 02201,
     02210, 02220, 02230, 02231, 02240, 22160].......
        (1) Other licenses issued under parts 30, 35,             20,300
         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 Number
         of locations of use: 6-20. [Program Code(s):
         ]...........................................
        (2) Other licenses issued under parts 30, 35,             25,300
         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 Number
         of locations of use: more than 20. [Program
         Code(s): ]..................................
8. Civil defense:
    A. Licenses for possession and use of byproduct                7,200
     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             14,300
     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             11,900
     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              7,000
     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              1,500
     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                     \6\ N/A
         plutonium 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

[[Page 603]]

 
13. A. Spent fuel storage cask Certificate of                    \6\ N/A
 Compliance..........................................
    B. General licenses for storage of spent fuel               \12\ N/A
     under 10 CFR 72.210.............................
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear material           7 20 N/A
     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              330,000
 to Government agencies.\15\ [Program Code(s): 03614]
18. Department of Energy:
    A. Certificates of Compliance....................     \10\ 1,169,000
    B. Uranium Mill Tailings Radiation Control Act               120,000
     (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.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2,
  7.C, 7.C.1, or 7.C.2.
\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., 3.P.1, or 3.P.2 for calibration or leak testing services
  authorized on the same license.
\19\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
  to paying fees under 7.C., 7.C.1, or 7.C.2 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\ 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 2019 fee-relief adjustment are as 
follows:
* * * * *

    Dated at Rockville, Maryland, this 11th day of January, 2019.

    For the Nuclear Regulatory Commission.
Maureen E. Wylie,
Chief Financial Officer.
[FR Doc. 2019-00219 Filed 1-30-19; 8:45 am]
 BILLING CODE 7590-01-P