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 https://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 https://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 https://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 https://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 https:// www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submissions. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Background; Statutory Authority The NRC’s fee regulations are primarily governed by two laws: (1) The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C. 9701), and (2) 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: https:// 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 https://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. https://www.nrc.gov/reading-rm/doc-collections/forms/nrc526.pdf. ML052580332. https://www.whitehouse.gov/omb/circulars_default. https://www.nrc.gov/about-nrc/regulatory/licensing/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

NUCLEAR REGULATORY COMMISSION

[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]

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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.

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

II. Background; Statutory Authority

The NRC's fee regulations are primarily governed by two laws: (1)
The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C.
9701), and (2) OBRA-90 (42 U.S.C. 2214). The IOAA generally authorizes
and encourages Federal regulatory agencies to recover--to the fullest
extent possible--costs attributable to services provided to
identifiable recipients. The OBRA-90 requires the NRC to recover
approximately 90 percent of its budget authority for the fiscal year
through fees; 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: https://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 https://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 https://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

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