Revision of Fee Schedules; Fee Recovery for Fiscal Year 2019, 22331-22362 [2019-10051]

Download as PDF 22331 Rules and Regulations Federal Register Vol. 84, No. 96 Friday, May 17, 2019 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. 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: Final rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These 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. DATES: This final rule is effective on July 16, 2019. ADDRESSES: 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: • 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 document. • 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 jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 ‘‘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, 301– 415–4737, or by email to pdr.resource@ nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. For the convenience of the reader, the ADAMS accession numbers and instructions about obtaining materials referenced in this document are provided 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. FOR FURTHER INFORMATION CONTACT: Anthony Rossi, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 7341, email: Anthony.Rossi@nrc.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Statutory Authority II. Discussion III. Petition for Rulemaking IV. Public Comment Analysis V. Public Comments and NRC Response VI. Regulatory Flexibility Certification VII. Regulatory Analysis VIII. Backfitting and Issue Finality IX. Plain Writing X. National Environmental Policy Act XI. Paperwork Reduction Act XII. Congressional Review Act XIII. Voluntary Consensus Standards XIV. Availability of Guidance XV. Availability of Documents I. 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 (FY) through fees; in FY 2019, amounts appropriated for international activities, generic homeland security activities, advanced reactor regulatory infrastructure activities, waste incidental to PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 reprocessing, and Inspector General services for the Defense Nuclear Facilities Safety Board are excluded from this fee-recovery requirement. The OBRA–90 requires the NRC to use its IOAA authority first 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. II. Discussion FY 2019 Fee Collection—Overview The NRC is issuing the FY 2019 final fee rule based on Public Law (Pub. L.) 115–244, ‘‘Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019,’’ (Act) (the enacted budget), in the amount of $911.0 million, a decrease of $11.0 million from FY 2018. As explained previously, certain portions of the NRC’s total budget are excluded from the NRC’s fee-recovery amount— specifically, these exclusions total to $43.4 million, consisting of: $16.1 million for international activities, $14.6 million for generic homeland security activities, $10.3 million for advanced reactor infrastructure, $1.3 million for Waste Incidental to Reprocessing activities, and $1.1 million for Inspector General services for the Defense Nuclear Facilities Safety Board. Additionally, OBRA–90 requires the NRC to recover 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 OBRA–90 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 $782.5 million in fees in FY 2019 to licensees E:\FR\FM\17MYR1.SGM 17MYR1 22332 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations and applicants. Of this amount, the NRC estimates that $252.1 million will be recovered through 10 CFR part 170 user fees; that leaves approximately $530.5 million to be recovered through 10 CFR part 171 annual fees. Table I summarizes the fee-recovery amounts for the FY 2019 final fee rule using the enacted budget, and taking into account excluded activities, the fee-relief activities, and net billing adjustments (individual values may not sum to totals due to rounding). Please see the work papers (ADAMS Accession No. ML19106A409) for actual amounts. The Joint Explanatory Statement associated with the Act includes direction for the NRC to use $20.0 million in carryover funds. The use of carryover funds allows the NRC to accomplish the work needed without additional costs to licensees because, consistent with the requirements of OBRA–90, fees are calculated based on the budget authority enacted for the current FY and not carryover funds. 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 ................................................................................................................. Total Amount to be Recovered: .................................................................................................. 878.2 90 790.4 867.6 90 780.8 ¥1.2 0.0 ¥1.2 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) ............ ¥0.1 790.3 0.0 780.8 100.0 ¥1.2 6.5 ¥7.5 4.5 ¥2.8 ¥30.8 ¥62.7 Subtotal ......................................................................................................................... Amount to be Recovered through 10 CFR Parts 170 and 171 Fees ......................................... Less Estimated 10 CFR Part 170 Fees ............................................................................... ¥1.0 789.3 ¥280.8 1.7 782.5 ¥252.1 270.0 ¥0.9 ¥10.2 10 CFR Part 171 Fee Collections Required ................................................................. $508.5 $530.5 4.3 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 increasing the professional hourly rate from $275 to $278. The 1.1 percent increase in the FY 2019 professional hourly rate is due to the decline in the number of missiondirect FTE compared to FY 2018. 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 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 jbell on DSK3GLQ082PROD with RULES FY 2019 final rule VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 ER17MY19.000</GPH> FY 2018 final rule Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 22333 TABLE II—PROFESSIONAL HOURLY RATE CALCULATION [Dollars in millions, except as noted] FY 2018 final rule FY 2019 final rule Percentage change Mission-Direct Program Salaries & Benefits ............................................................................... Mission-Indirect Program Support ............................................................................................... Agency Support (Corporate Support and the IG) ....................................................................... $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) (In Millions) ................................................................................. 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 is amending 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 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 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, import and export licensing actions, wholly funded through the international activities product line, (see fee categories K.1. through K.5. of § 170.21 and fee categories 15.A. through 15.R. of § 170.31) will not be charged flat fees under the final rule. 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 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 more than the 10 percent threshold. Therefore, the NRC is assessing a fee-relief surcharge that increases 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 Fee-relief activities jbell on DSK3GLQ082PROD with RULES 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 16:27 May 16, 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 00003 Fmt 4700 Sfmt 4700 $13.5 15.0 FY 2019 budgeted resources final rule $11.5 15.0 Percentage change ¥14.5 0.0 indemnity activities are allocated under the Licensing Actions and Research & Test Reactors products within the Operating Reactors business line. E:\FR\FM\17MYR1.SGM 17MYR1 22334 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 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 final rule Percentage change 3.9 5.4 38.5 8.7 6.6 17.4 9.1 8.0 14.7 4.5 21.6 ¥15.4 14.5 1.5 12.9 7.2 ¥11.0 380.0 1.2 1.7 2.1 1.1 78.8 ¥33.5 Total fee-relief activities ................................................................................................ Less 10 percent of the NRC’s total FY budget (less the fee recovery exclusions) ..... 83.9 ¥87.8 87.0 ¥86.8 3.7 ¥1.2 Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees ................. $¥3.9 $0.3 106.4 Table IV shows how the NRC allocates the $0.3 million fee-relief surcharge to each licensee fee class. Due to the transition of Wyoming to Agreement State status, the NRC is expanding 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 the majority of uranium recovery licensees are now in Agreement States. In addition to the fee-relief surcharge, the NRC also assesses 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 allocates 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. The LLW surcharge amounts have changed since the proposed rule. After the NRC published the proposed rule for public comment, DOE updated the Manifest Information Management System with 2019 data. As a result of the update, the LLW surcharge for operating power reactors fee class increased from $2.8 million to $3.2 million. For Fuel Facilities and Material Users, it decreased from $0.8 million to $0.5 million and from $0.2 million to $0.1 million, respectively. Additional details about these changes to the LLW surcharge resulting from DOE’s update to the Manifest Information Management System can be found in Section IV of this document. Table IV shows the LLW surcharge and fee-relief surcharge, and its allocation across the various fee classes. TABLE IV—ALLOCATION OF FEE-RELIEF ADJUSTMENT AND LLW SURCHARGE, FY 2019 [Dollars in millions] LLW surcharge jbell on DSK3GLQ082PROD with RULES 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 ............................................................... 84.0 0.0 0.0 12.7 3.3 0.0 0.0 0.0 3.189 0.0 0.0 0.482 0.125 0.0 0.0 0.0 86.7 4.7 0.1 4.0 3.8 0.6 0.0 0.1 0.220 0.012 0.000 0.010 0.010 0.002 0.0 0.0 3.409 0.012 0.000 0.492 0.135 0.002 0.0 0.0 Total .............................................................................. 100.0 3.797 100.0 0.254 4.051 VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 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 revised its annual fees in §§ 171.15 and 171.16 to recover approximately 90 percent of the NRC’s FY 2019 budget authority (less the feerecovery exclusions and the estimated amount to be recovered through 10 CFR part 170 fees). The total estimated 10 CFR part 170 collections for this final 22335 rule are $252.1 million, a decrease of $28.7 million from the FY 2018 fee rule. The NRC, therefore, must recover $530.5 million through annual fees from its licensees, which is an increase of $22.0 million from the FY 2018 final rule. Table V shows the final rebaselined fees for FY 2019 for a representative list of license categories. The FY 2018 amounts are provided by each fee class for comparison purposes. TABLE V—REBASELINED ANNUAL FEES [Actual dollars] FY 2018 final annual fee Class/category of licenses FY 2019 final annual fee Percentage change Operating Power Reactors .......................................................................................................... + Spent Fuel Storage/Reactor Decommissioning ....................................................................... $4,333,000 198,000 $4,669,000 152,000 7.8 ¥23.2 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 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 4,821,000 152,000 82,400 6,675,000 2,262,000 1,417,000 49,200 6.4 ¥23.2 1.4 ¥9.1 ¥15.0 ¥6.6 0.0 25,000 14,900 8,600 30,900 30,200 14,600 10,000 31,600 20.8 ¥2.0 16.3 2.3 The work papers that support this final rule show in detail how the NRC allocates the budgeted resources for each class of licensees and calculates the fees. Paragraphs a. through h. of this section describe budgeted resources allocated to each class of license and the calculations of the rebaselined fees. For more information about detailed fee calculations for each class, please consult the work papers for this final rule. a. Operating Power Reactors The NRC will collect $457.6 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 jbell on DSK3GLQ082PROD with RULES Summary fee calculations FY 2019 final Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $669.9 ¥239.6 $670.2 ¥217.7 0.0 ¥9.1 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustment ......................................................................................................................... 430.4 0.3 ¥0.8 ¥0.9 452.5 0.2 3.4 1.5 5.1 ¥7.7 542.8 273.3 Total required annual fee recovery ...................................................................................... Total operating reactors ....................................................................................................... Annual fee per reactor ................................................................................................................. 428.9 99 $4.333 457.6 98 $4.669 6.7 ¥1.0 7.8 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 VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 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. These decreases in the estimated billings under 10 CFR part 170 are offset PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 slightly to reflect an increase in riskinformed licensing reviews. The recoverable budgeted costs are divided equally among the 98 licensed power reactors, resulting in an annual fee of $4,669,000 per reactor. Additionally, each licensed power reactor is assessed the FY 2019 spent E:\FR\FM\17MYR1.SGM 17MYR1 22336 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations fuel storage/reactor decommissioning annual fee of $152,000 (see Table VII and the discussion that follows). The combined FY 2019 annual fee for power reactors is, therefore, $4,821,000. 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 will not assess an annual fee in FY 2019 for this type of licensee. b. Spent Fuel Storage/Reactor Decommissioning The NRC will collect $18.6 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 as shown in Table VII. The FY 2018 values are shown for comparison purposes. TABLE VII—ANNUAL FEE SUMMARY CALCULATIONS FOR SPENT FUEL STORAGE/REACTOR DECOMMISSIONING [Dollars in millions] FY 2018 final Summary fee calculations FY 2019 final Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $33.8 ¥10.2 $35.6 ¥17.8 5.3 75.3 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation costs ........................................................................................ Fee-relief adjustment ................................................................................................................... Billing adjustments ....................................................................................................................... 23.7 0.7 ¥0.2 0.0 17.8 0.7 0.0 0.1 ¥24.7 ¥9.2 107.0 299.2 Total required annual fee recovery ...................................................................................... Total spent fuel storage facilities .......................................................................................... Annual fee per facility .................................................................................................................. 24.2 122 0.198 18.6 122 0.152 ¥23.2 0.0 ¥23.2 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 (previously named Waste Control Specialists) 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 FY 2019 annual fee of $152,000 per licensee. c. Fuel Facilities The NRC will collect $24.5 million in annual fees from the fuel facilities class. The FY 2018 values are shown for comparison purposes. TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES [Dollars in millions] FY 2018 final jbell on DSK3GLQ082PROD with RULES Summary fee calculations FY 2019 final Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $35.2 ¥9.2 $30.0 ¥7.3 ¥14.8 ¥21.5 Net 10 CFR part 171 resources ........................................................................................... Allocated generic transportation .................................................................................................. Fee-relief adjustment/LLW surcharge ......................................................................................... Billing adjustments ....................................................................................................................... 26.0 1.3 0.5 0.0 22.7 1.2 0.5 0.1 ¥12.4 ¥9.3 ¥3.4 237.0 Total remaining required annual fee recovery 4 ................................................................... 27.7 24.5 ¥11.7 In comparison to FY 2018, the fuel facilities budgeted resources decreased in FY 2019, primarily due to the anticipated completion of work 4 See Table X for percentage change for each fee category. VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 associated with the Cyber Security Rulemaking and additional efficiencies to align resources with a smaller projected workload. The estimated 10 CFR part 170 billings decreased in FY 2019 as a result of the expected termination of the CB&I PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 AREVA MOX Fuel Fabrication facility construction authorization and license application withdrawal, and the expected completion of Honeywell’s license renewal while plant operations are idle, offset by increased work for Westinghouse associated with an E:\FR\FM\17MYR1.SGM 17MYR1 22337 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations emergency preparedness exercise, its license renewal, and increased work for conducting the Nuclear Fuel Services force-on-force exercise. The NRC will 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). The annual fees are then distributed across the fee class based on the regulatory effort assigned by the matrix. The effort factors in the matrix represent non-billable, regulatory effort (e.g., rulemaking, guidance, etc.). Billable regulatory effort, such as the number of inspections, is not applicable to the effort factor. In FY 2019, the safety factor in the effort factors matrix for Uranium Hexafluoride (UF6)/Metal processes at Uranium Enrichment facilities has been reduced from 10 (high effort) to 5 (moderate effort) for this process at enrichment facilities. Enrichment facilities receive natural uranium as feed material and produce a low enriched uranium (LEU) product. Enrichment facilities are not authorized to produce high enriched uranium (HEU). Therefore, enrichment facilities are more like LEU fuel fabrication facilities than HEU fuel fabrication facilities in terms of level of impact to non-billable regulatory effort (e.g., rulemaking, guidance, etc.) in the area of Solid UF6/Metal process. In addition, the non-billable effort is more aligned to the moderate effort for facilities fabricating low enriched fuel than the high effort for facilities fabricating high enriched fuel. This is because the regulations and guidance for criticality safety, physical protection, and material control and accounting are more extensive for HEU than LEU or natural uranium, and the regulations and guidance for physical protection and material control and accounting are more extensive for HEU than LEU or natural uranium. TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2019 Facility type (fee category) 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 $24.5 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 $13.6 million. To calculate the annual fee, the NRC allocates this amount to each fee Effort factors Number of facilities 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, $10.4 million, to each fee category based on its percent of the total regulatory effort for safeguards activities. Finally, the fuel facilities fee class portion of the fee-relief adjustment/LLW surcharge— Safety 2 3 0 0 0 1 1 Safeguards 88 70 0 0 0 16 12 91 21 0 0 0 23 7 $0.5 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 [Actual dollars] 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)) ............................................................................... jbell on DSK3GLQ082PROD with RULES d. Uranium Recovery Facilities The NRC will collect $0.2 million in annual fees from the uranium recovery VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 facilities fee class, a decrease of 65.2 percent from FY 2018. The FY 2018 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 $7,346,000 2,661,000 N/A N/A 3,513,000 1,517,000 FY 2019 final annual fee Percentage change $6,675,000 2,262,000 N/A N/A 2,909,000 1,417,000 values are shown for comparison purposes. E:\FR\FM\17MYR1.SGM 17MYR1 ¥9.1 ¥15.0 N/A N/A ¥17.2 ¥6.6 22338 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES [Dollars in millions] FY 2018 final Summary fee calculations FY 2019 final Percentage change Total budgeted resources ............................................................................................................ Less estimated 10 CFR part 170 receipts .................................................................................. $13.5 ¥12.9 $1.0 ¥0.8 ¥92.6 ¥93.6 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 ¥71.0 N/A 100.5 0.0 Total required annual fee recovery ...................................................................................... $0.5 $0.2 ¥65.2 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 annual fee assessed 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 at various DOE UMTRCA sites. 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 [Actual dollars] FY 2018 final annual fee jbell on DSK3GLQ082PROD with RULES Summary of costs FY 2019 final annual fee Percentage 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 170 receipts ...................... 10 percent of generic/other uranium recovery budgeted costs ........................................... 10 percent of uranium recovery fee-relief adjustment ......................................................... Total Annual Fee Amount for DOE (rounded) .............................................................. $80,921 47,723 ¥6,724 122,000 $115,888 5,431 33 121,000 43.2 ¥88.6 100.5 ¥0.8 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 ......................................................... 429,509 ¥60,517 48,880 294 ¥88.6 104.5 Total Annual Fee Amount for Other Uranium Recovery Licenses ............................... $368,992 $49,173 ¥86.7 Further, for the non-DOE licensees, the NRC continues to use a matrix to determine the level of effort associated with conducting the generic regulatory actions for the different licensees in this fee class; this is similar to the NRC’s approach for fuel facilities, described previously. The matrix methodology for uranium recovery licensees first identifies the licensee categories included within this fee class (excluding DOE). These categories are: Conventional uranium mills and heap leach facilities; uranium In Situ Recovery (ISR) and resin ISR facilities; mill tailings disposal facilities; and uranium water treatment facilities. The matrix identifies the types of operating activities that support and benefit these licensees, along with each activity’s relative weight (for more information, see the work papers). 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: 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. VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 22339 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES Benefit factor per licensee Number of licensees Fee category Benefit factor percent total Total value 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)) ............. 0 1 0 0 0 190 0 0 0 190 0 0 0 100.0 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) [Actual dollars] 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)) ............................................................................................... e. Research and Test Reactors (NonPower Reactors) FY 2019 final 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 0.0 ¥100.0 ¥100.0 ¥100.0 reactor fee class. The FY 2018 values are shown for comparison purposes. The NRC will collect $0.329 million in annual fees from the research and test TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR RESEARCH AND TEST REACTORS [Actual dollars] FY 2018 final jbell on DSK3GLQ082PROD with RULES Summary fee calculations FY 2019 final 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 ....................................................................................................................... $2,008,986 ¥1,698,000 310,986 27,249 ¥10,176 ¥2,585 $834,280 ¥538,000 296,280 30,971 284 1,901 ¥58.5 ¥68.3 ¥4.7 14.7 103.1 163.4 Total required annual fee recovery ...................................................................................... 325,317 329,436 1.4 Total research and test reactors .......................................................................................... 4 4 0.0 Total annual fee per reactor ................................................................................................. $81,300 $82,400 1.4 For this fee class, the budgeted resources decreased due to projected application delays within the medical isotope production facilities for SHINE Medical Technologies, Inc. and Northwest Medical Isotopes, LLC. The 10 CFR part 170 estimated billings also decreased due to projected operating license application delays within the medical isotope production facilities for SHINE Medical Technologies, Inc. and Northwest Medical Isotopes, LLC, and VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 due to December 2018 request from Aerotest Operations, Inc. to withdraw the license renewal application. 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 $82,400 for each licensee. f. Rare Earth therefore, the NRC is not issuing an annual fee for this fee class in FY 2019. g. Materials Users The NRC will collect $36.4 million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70. The FY 2018 values are shown for comparison purposes. The NRC has not allocated any budgeted resources to this fee class; PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 22340 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS [Dollars in millions] FY 2018 final Summary fee calculations FY 2019 final 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 ¥1.1 12.4 11.7 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 1.2 0.1 0.1 12.4 ¥9.1 237.2 314.2 Total required annual fee recovery ...................................................................................... 32.4 36.4 12.1 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 $36.4 million for FY 2019 shown in Table XVI consists of the following: $28.5 million for general costs, $7.5 million for inspection costs, $0.2 million for unique costs for medical licenses and $0.1 million for fee relief/ LLW costs. To equitably and fairly allocate the $36.4 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 is increasing and decreasing annual fees for licensees in this fee class in FY 2019 due to the results of the biennial review of fees and the realignment of licensing resources that supports the materials users fee class, which in previous years, were allocated primarily to agreement state fee relief activities. In the past, these resources had been allocated to primarily to agreement state fee-relief activities; however, upon a holistic review of the materials program, it was determined that these resources support the materials users fee class and not agreement state fee-relief activities. The biennial review of fees 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 professional hourly rate for FY 2019. The constant multiplier is established to recover the total general costs (including allocated generic transportation costs) of $28.5 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 1.32 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 $0.010 million fee-relief surcharge 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 $0.125 million LLW surcharge costs allocated to the fee class. The annual fee for each fee category is shown in the revision to § 171.16(d). h. Transportation The NRC will collect $1.0 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 2018 final jbell on DSK3GLQ082PROD with RULES Summary fee calculations FY 2019 final Percentage change Total Budgeted Resources .......................................................................................................... Less Estimated 10 CFR part 170 Receipts ................................................................................. $7.9 ¥3.1 $8.0 ¥3.7 2.1 18.4 Net 10 CFR part 171 Resources ......................................................................................... Less Generic Transportation Resources ..................................................................................... Fee-relief adjustment/LLW surcharge ......................................................................................... 4.7 ¥3.6 0.0 4.3 ¥3.3 0.0 ¥9.0 ¥9.0 0.0 VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 22341 TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION—Continued [Dollars in millions] FY 2018 final Summary fee calculations FY 2019 final Percentage change Billing adjustments ....................................................................................................................... 0.0 0.0 0.0 Total required annual fee recovery ...................................................................................... 1.1 1.0 ¥5.3 In comparison to FY 2018, the total budgeted resources for FY 2019 for generic transportation activities increased slightly for IT infrastructure activities. The increase in budgetary resources was offset by an increase in estimated 10 CFR part 170 billings primarily due to an increase in casework for Daher Nuclear Technologies and Holtec International. 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 Certificates of Compliance (CoCs) used by each fee class (and DOE) by the total generic transportation resources to be recovered. 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 0.7 so the research and test reactors subject to annual fees are charged a fair and equitable portion of the total. For more information, see the work papers. TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2018 [Dollars in millions] Number of CoCs benefiting fee Class or DOE Licensee fee class/DOE Allocated generic transportation resources Materials Users ............................................................................................................................ Operating Power Reactors .......................................................................................................... Spent Fuel Storage/Reactor Decommissioning .......................................................................... Research and Test Reactors ....................................................................................................... Fuel Facilities ............................................................................................................................... 25.0 5.0 14.0 0.7 24.0 27.9 5.6 15.6 0.7 26.8 $1.2 0.2 0.7 0.0 1.2 Sub-Total of Generic Transportation Resources ......................................................................... DOE ............................................................................................................................................. 68.7 21.0 76.6 23.4 3.3 1.0 Total ...................................................................................................................................... 89.7 100.0 $4.3 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 is making two policy changes for FY 2019: jbell on DSK3GLQ082PROD with RULES Percentage of total CoCs Changes to Small Materials Users Fee Categories for Locations of Use The NRC is adding 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, VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 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 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 (80 FR 37432; June 30, 2015)—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 (83 FR 29622; June 25, 2018), the NRC added 14 fee subcategories under, 3.A., 3.B., 3.C., 3.O., 3.P., 7.A. and 7.B. for PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 is adding 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 results in this fee category having subcategories for 1–5, 6–20, and more than 20 locations of use. Program codes have also been added to the new subcategories in this final rule. Eliminate a Fee Category In response to comments received on the FY 2018 proposed fee rule, and PRM–170–7, the NRC is eliminating a fee category under §§ 170.31 and 171.16. The fee category is 2.A.(5)—Licenses that authorize the possession of source E:\FR\FM\17MYR1.SGM 17MYR1 22342 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 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 is eliminating this fee category from §§ 170.31 and 171.16 and reclassifying current and future licensees under this category to 2.F.— All other source material licenses. jbell on DSK3GLQ082PROD with RULES FY 2019—Administrative Changes The NRC is making one administrative change and a technical correction in this final rule: Change Small Entity Fees As stated in SECY–08–0174, ‘‘Fiscal Year 2009 Proposed Fee Rule and Advance Rulemaking for GridAppropriate Reactor Fees,’’ dated November 7, 2008 (ADAMS Accession No. ML083120518), the NRC determined that the maximum small entity fee should be adjusted each biennial year using a fixed percentage of 39 percent applied to the prior 2-year weighted average of materials users’ fees for all fee categories which have small entity licensees. The 39 percent was based on the small entity annual fee for 2005, which was the first year the NRC was required to recover only 90 percent of its budget authority. This methodology remains in place; however, the NRC does also consider whether or not implementing an increase will have a disproportionate impact on the NRC’s small licensees when compared to other licensees. Therefore, the increase for the upper and lower tier fees were capped at a 21 percent increase. In accordance with NRC policy, in FY 2019 the NRC conducted a biennial review 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 VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 this methodology, the NRC determined the new small entity fees for FY 2019 would 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 increasing the upper tier small entity fee from $4,100 to $4,500 and increasing 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. Technical Correction The NRC is making a technical correction to two cross-references in 10 CFR part 171.15(a) and (f). Currently, 10 CFR 171.15(a) and (f) reference 10 CFR 171.11(a). Both 10 CFR part 171.15(a) and (f) should reference 10 CFR part 171.11(b) instead of § 171.11(a). Update to the Fees Transformation Initiative As an informational update, the Staff Requirements Memorandum, dated October 19, 2016, (ADAMS Accession No. ML16293A902) for SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 Proposed Fee Rule,’’ (ADAMS Accession No. ML16194A365) directed staff to explore, as a voluntary pilot, whether a flat fee structure could be established for routine licensing matters in the area of 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 NRC staff has developed a project plan and is on target to complete this activity. With respect to the fees setting process improvements, all seven 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. In FY 2019, two additional activities have been evaluated and completed for the project manager to provide details of contract costs listed on the invoice, on request, and one site per license. For the remaining process changes recommended for future consideration, the NRC is well-positioned to complete them on schedule. For more information, please see the fees PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 transformation accomplishments schedule, located on our license fees website at: https://www.nrc.gov/aboutnrc/regulatory/licensing/feestransformation-accomplishments.html. III. Petition for Rulemaking (PRM–170– 7; NRC–2018–0172) The NRC welcomed general comments on the proposed rule; in addition, the NRC requested 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 requested 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. The petitioner requested 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 requested 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 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. The NRC received one comment on the petition from the petitioner regarding the NRC’s consideration of the petition. The NRC will publish a subsequent notice in the Federal Register to resolve all of the issues raised by the petitioner. See the FY 2019 Policy Change section of this document for additional information regarding the elimination of fee category 2.A.5. IV. Public Comment Analysis Overview of Public Comments The NRC received 14 written comment submissions on the proposed rule. A comment submission for the purpose of this rule is defined as a written communication or document submitted to the NRC by an individual or entity, with one or more distinct comments addressing a subject or an issue. A comment, on the other hand, E:\FR\FM\17MYR1.SGM 17MYR1 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations refers to a statement made in the submission addressing a subject or issue. In general, the commenters were supportive of the specific proposed regulatory changes, although most commenters expressed concerns about broader fee-policy issues related to 22343 transparency, fairness, and overall size of the budget. The commenters are listed in Table XIX. TABLE XIX—FY 2019 PROPOSED FEE RULE COMMENTER SUBMISSIONS Affiliation Anonymous ............................................... Douglas Weaver ....................................... Roger Wink ............................................... Doug True ................................................. Bradley Fewell .......................................... Paul Kerl ................................................... Justin Wheat ............................................. David Ward ............................................... Robin Ritzman .......................................... Stephen Cowne ........................................ Michael Dimitriou ...................................... Anonymous ............................................... Matthew Ostdiek ....................................... Richard J. Freudenberger ........................ Unknown .................................................................................................................... Westinghouse Electric Company (WEC) .................................................................. Ameren Missouri/Callaway Plant (Ameren) .............................................................. Nuclear Energy Institute (NEI) .................................................................................. Exelon Generation Company, LLC (Exelon) ............................................................. U.S. Department of Energy (DOE) ............................................................................ Southern Nuclear Operating Company (SNC) .......................................................... BWXT Nuclear Operations Group, Inc. (BWXT) ....................................................... FirstEnergy Nuclear Operating Company (FENOC) ................................................. Louisiana Energy Services, LLC, dba URENCO USA (URENCO) .......................... Water Remediation Technology LLC (WRT) ............................................................ Unknown .................................................................................................................... Rendezvous Engineering, P.C. (RE) ......................................................................... Nuclear Fuel Services Inc. (NFS) ............................................................................. Information about obtaining the complete text of the comment submissions is available in Section XIV, ‘‘Availability of Documents,’’ of this document. V. Public Comments and NRC Responses The NRC has carefully considered the public comments received on the proposed rule. The comments have been organized by topic. Comments from multiple commenters raising similar specific concerns were combined to capture the common essential issues raised by the commenters. Comments from a single commenter have been quoted to ensure accuracy; brackets within those comments are used show changes that have been made to the quoted comments. The NRC responses are preceded by a short summary of the issues raised by the commenters. A. Public Participation in Budget Formulation jbell on DSK3GLQ082PROD with RULES ADAMS accession No. Commenter Comment: The Congressional Budget Justification (CBJ) for FY 2019 provides only high-level information, and its description of activities intended to justify the budget request provides little information upon which a determination of sufficiency can be formed. In addition, the NRC should transform its process to support budget formulation discussions with industry directly during the development of the NRC budget justification since public meetings and discussions thus far have been reactive in nature, and to more accurately determine a necessary reactor fee partition. (NEI, Exelon) Response: Two commenters expressed a desire for industry to be involved with VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 the NRC directly during the development of the NRC’s budget to better determine the sufficiency of the budget and to accurately determine the necessary reactor fee. The NRC disagrees with these comments. Because NRC is an independent safety regulator it would not be appropriate for stakeholders to be involved in the NRC’s budget formulation. In addition, the U.S. Office of Management and Budget (OMB) establishes the Executive Branch budget process through OMB Circular No. A–11, ‘‘Preparation, Submission, and Execution of the Budget.’’ Section 22.1 of OMB Circular No. A–11 requires that pre-decisional budget deliberations remain confidential until the release of the President’s Budget Request to Congress (the CBJ). However, the NRC seeks information on projected workload through public meetings and other forms of public outreach with licensees to better inform budget formulation workload assumptions. No changes were made to the final rule as a result of these comments. B. Budget Formulation Comment: The cost of a corporate support FTE has increased by 20 percent over the past 2 years. This increase is significantly more than the rise in cost of other FTEs listed in the Work Papers. Provide an explanation for the increase in cost in the FY 2019 final fee rule or work papers. In addition, provide additional budget information to support the absence of more significant reductions in the corporate support budget and identify the actions being taken to reduce this business line, especially as the number of operating reactors is decreasing. (WEC, NEI) PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 ML19036A910 ML19056A578 ML19056A577 ML19059A252 ML19059A253 ML19063B521 ML19063B584 ML19063B584 ML19063B739 ML19064B074 ML19064B346 ML19064B309 ML19070A318 ML19071A010 Response: Regarding the two commenters assertion that the cost of a corporate support FTE has increased, the NRC agrees that the cost has risen because of adjusting the budgeted rate to closely align with the actual cost. As in other Federal agencies, the NRC’s workforce is aging, and the associated benefit costs have increased accordingly, primarily with healthcare and pension benefits. Regarding the assertion that the NRC should reduce its budget commensurate with the reduction in the number of operating reactors, the NRC agrees, but that reduction is not linearly proportional as there is a cost for the infrastructure that must be maintained independent of the number of operating facilities (e.g., operating reactors and fuel facilities). These infrastructure costs include indirect services and the business line portion of corporate support. Indirect services include rulemaking, maintaining guidance for licensees, maintaining procedures for NRC staff, training, and travel. Corporate support includes, for example, the cost for information management, information technology, security, facilities management, rent, utilities, financial management, acquisitions, human resources, and policy support. The NRC continues to examine and pursue improvements to its processes and increases in efficiency that will allow it to meet its statutory responsibilities as the industry changes. The NRC continues to develop methods that would allow for more rapid adaptation to future needs and the size of the licensed community. The FY 2019 resources for agency support E:\FR\FM\17MYR1.SGM 17MYR1 22344 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations reflect reductions in the corporate support portion of the budget. Going forward, the Nuclear Energy and Innovation Modernization Act (NEIMA) requires NRC to cap corporate support at 30 percent beginning in FY 2021 in the annual CBJ and to decrease to 28 percent in FY 2025 and beyond. No change was made to the final rule in response to this comment. Comment: ‘‘Though Generic Homeland Security is excluded from the fee base, provide clarification on the basis for the Generic Homeland Security Product Line under the Operating Reactors and Fuel Facilities Business Lines and explain what activities are included.’’ (NEI) Response: One commenter requested information regarding generic homeland security activities. Generic homeland security includes activities that the NRC must conduct that do not apply to a specific facility. Within the operating reactors business line, these activities include intergovernmental coordination and integrated event response planning activities. Regarding fuel facilities, some licensed fuel facilities possess special nuclear material such as plutonium and enriched uranium. Those licensees verify and document their inventories and material transfers in the Nuclear Material Management and Safeguards System (NMMSS) database. Within the fuel facilities business line, these generic homeland security activities include interactions with the Nuclear Materials Information Program and the interagency agreement with DOE for the certification and accreditation of classified computer systems at enrichment facilities. No changes were made to the final rule as a result of this comment. jbell on DSK3GLQ082PROD with RULES C. Work Papers Comment: Both the proposed rule and the work papers state that the operating power reactor annual fee increases. However, neither document provides any explanation for the reason the fee class is increasing. Instead, one must consult the FY 2019 CBJ to understand the purpose of the work (and even then, it remains at a fairly high level). The proposed rule and work papers show line items that appear to be clearly limited to a given entity, e.g., ‘‘Design Certification’’ in the New Reactors Business Line, while others, e.g., ‘‘RIC’’ or ‘‘Systems Analysis Research’’ in the Operating Reactors business line, are not clearly limited. The commenter is requesting additional detail in the work papers to better understand which resources are to be recovered from 10 CFR part 170 VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 user fees versus 10 CFR part 171 annual fees. The commenters recommend that these additional details be added in the fee rule work papers and delineate the resources that are to be recovered from 10 CFR part 170 user fees versus 10 CFR part 171 annual fees by NRC to be specific or shared, enabling the applicable industry segment to engage the NRC. (Ameren, NEI, FENOC, SNC, Exelon) Response: The commenter is requesting additional detail in the work papers to better understand which resources are to be recovered from 10 CFR part 170 user fees versus 10 CFR part 171 annual fees. The commenter is also requesting additional information on the large increase in information technology, including what types of items or activities are included in these line items, and whether the costs are proposed to be recovered via 10 CFR part 170 or 10 CFR part 171 fees. The NRC disagrees with the comment that the work papers need additional detail. Consistent with the requirements of OBRA–90, license fees are calculated based on the budget authority enacted for the current FY by business lines, product lines, and products. The NRC provides those business lines, product lines, and products in its work papers. Detailed information below the product level (e.g., cost centers) is determined when the budget is executed. The work papers do not distinguish by specific budget line items which fees are recovered through user and annual fees because it is impractical for the NRC to determine in advance what precise percent of a given business line will be recovered through 10 CFR part 170 user fees versus 10 CFR part 171 annual fees. Further, with respect to 10 CFR part 170 user fees, licensing and inspection actions are subject to change, depending on the novelty and complexity of the license application under review or the facility being inspected. Similarly, with respect to 10 CFR part 171 annual fees, the nature of the generic research, safety, environmental, or safeguards activities, may also vary considerably, given changes in Commission priorities, external events, interactions with Agreement States, other Federal agencies, state, local and tribal governments, the regulated industry, and members of the public. Including this information in the work papers for the fee rule, therefore, is likely to cause confusion. In addition, the NRC notes that the CBJ includes a statement in each business line chapter to indicate which product lines impact fees for services versus annual fees. For all the business PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 lines, except the nuclear materials users business line, generally resources budgeted in the Licensing and Oversight Product Lines impact fees for service, and all other resources impact annual fees. For the nuclear materials users business line, almost all budgeted resources impact annual fees. In addition, the NRC is proactively planning for the future implementation of NEIMA in FY 2021 and considering adding additional details within the CBJ, fee rule and subsequent work papers to further enhance transparency regarding which activities are recovered through 10 CFR part 170 user fees versus 10 CFR part 171 annual fees. With regards to IT infrastructure activities, the NRC reclassified these resources as mission direct in the fee rule in order to align the fee rule calculations with the budget structure. These resources are now properly represented in the annual fee rule as mission-direct program costs rather than mission-indirect costs. Although this change appears as an increase, it was not an increase, but rather a shifting of the resources from mission-indirect resources to mission direct costs in the fee rule calculation. No changes were made to the final rule as a result of these comments. Comment: The work papers supporting the proposed rule lack a level of descriptive detail necessary to determine what actions, efforts and products are planned, and information on the specific indirect services that are covered under 10 CFR part 171 fees to allow stakeholders to see if the increase is a reflection of required generic services or something else. The NRC should supplement the work papers supporting future fee rules with additional detail on budgeted work activities, including a level of planned effort for each activity and how this plan compares with the prior year. In addition, information on other items that are proposed to experience large increases in funding (e.g., Other Response Activities, Licensing Actions, and Licensing Support). Such detail would enable licensees to better evaluate and understand significant budget changes. (NEI, SNC, FENOC, Exelon) Response: Consistent with prior years, license fees are based on the NRC’s budget formulation structure hierarchy of business lines, product lines, and products. The commenter is correct that the work papers do not distinguish these activities based on whether these line items will be recovered through user or annual fees. However, distinguishing these activities would prove unduly burdensome for the NRC E:\FR\FM\17MYR1.SGM 17MYR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations to perform this type of analysis for every business line, product line, and product in its budget. The CBJ provides the agency explanation and justification for the resources being requested for the budget year, and the reason for changes in the agency budget request as compared to the prior year, at the business line and product line levels. No changes were made to the final rule as a result of these comments. Comment: ‘‘Include a detailed summary of how actual expenditures have compared to budget for prior fiscal years. While the Work Papers includes information for fees collected in prior years, a breakdown of these fees by Business Line and Product Line would enable the NRC and stakeholders to identify areas for improvement and opportunities for efficiency.’’ (Exelon Generation) Response: Consistent with prior years, license fees are based on the NRC’s budget formulation structure hierarchy of business lines, product lines, and products, not actual budget expenditures. Beginning in FY 2018, the CBJ includes the prior year actual amounts at the business line and product line levels. No changes were made to the final rule as a result of these comments. Comment: The U.S. Department of Energy (DOE) has reviewed the proposed 10 CFR parts 170 and 171 fee schedule for FY 2019. The DOE finds that the basis for the total annual fee amount and the level of effort to support the general licenses for Uranium Mill Tailings Radiation Control Act (UMTRCA) sites is not presented in the proposed rule or associated work papers. Additionally, the bases for allocation percentages for DOE and other uranium recovery licensees and the generic/other uranium recovery costs in the proposed rule and work papers are not presented. The DOE requests that the US NRC clarify the rationale for the various fee components that are used to determine the total charge. This will help DOE evaluate whether the proposed NRC scope is consistent with anticipated DOE activities and establish the basis for DOE’s estimate of annual uranium licensee fees in its budget request. (DOE) Response: The NRC described the overall methodology for determining fees for uranium recovery facilities, including DOE, in the 2002 fee rule (67 FR 42625; June 24, 2002), and the NRC continues to use this methodology. As the NRC explained in the proposed fee rule, the NRC recovers fees from DOE through both user fees charged under 10 CFR part 170 for specific UMTRCA VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 oversight activities and annual fees charged under 10 CFR part 171 for generic and other costs related to UMTRCA and other uranium recovery activities. As shown in the work papers referenced in the proposed fee rule, the NRC calculated the total amount of budgeted resources for UMTRCA activities related to DOE sites in the FY 2019 CBJ by computing the cost of staff hours budgeted to conduct the work (in terms of full-time equivalent, or FTE) and the budgeted contract costs. The total amount of budgeted resources was reduced by the amount expected to be recovered by 10 CFR part 170 user fees for site-specific UMTRCA activities. The NRC estimated the amount of 10 CFR part 170 user fees by analyzing billing data and the actual contractual work charged to DOE for the previous four quarters. The estimate, therefore, reflects any recent reductions in NRC oversight activities. The remainder of the UMTRCA budgeted amount related to DOE sites is charged to DOE for generic activities. In addition to those generic costs, DOE was charged for 10 percent of the overall generic costs attributable to the uranium recovery program. In other words, the DOE fee includes the costs of generic activities related to DOE sites and 10 percent of the overall generic costs attributable to the uranium recovery program. The remaining 90 percent of the overall generic costs is charged to the other members of the uranium recovery fee class. The work papers also provided information on all the values of the effort/benefit factors used in the uranium recovery matrix for FY 2019. No changes were made to this final rule because of this comment. D. Operating Reactors Budget and Declining 10 CFR Part 170 Fee Collections Comment: Several commenters expressed their concern regarding the NRC’s Operating Reactors budget and that it is too large in today’s economic environment with the closure of Oyster Creek in 2018 and additional plant closures expected between now and 2025, yet annual fees are increasing for the remaining operating reactors fleet. With the loss of these licensees and the expected continued decrease in 10 CFR part 170 service fees, the NRC should take action to reduce the operating plant budget and stop the trend of increasing annual fees for the remaining operating plants. Given that the cap on annual fees for operating reactors under NEIMA goes into effect in FY 2021, the NRC should begin establishing a means to more quickly adjust the budget to reflect anticipated reductions in reactor PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 22345 licensees and the associated workload. (Ameren, WEC, NEI, SNC, FENOC, Exelon) Response: Regarding the comment that the NRC should reduce its budget commensurate with the reduction in the number of decommissioning plants, the NRC recognizes that the number of reactors that are planning to close will have a material impact on the budget. The NRC accounts for the decreasing number of nuclear power reactor licensees during the budget formulation process. For instance, the NRC tracks licensee plans to cease operations and adjusts its budget requests to reflect the anticipated workload while ensuring that the agency will continue to meet its statutory requirements. With the implementation of NEIMA in FY 2021, which will include a cap on annual fees for operating reactors, the NRC continues to proactively evaluate resource requirements and adjustments that can be made to refine the operating reactors budget. The amount of user fees collected under 10 CFR part 170 depends on a number of different factors including the professional hourly rate, licensee and applicant decisions to pursue licensing actions, and the number of hours necessary to resolve any licensing actions. Due to OBRA–90 requirements, examining changes in the 10 CFR part 170 fees and the 10 CFR part 171 fees separately may not account for the overall decreases in the fee class budget or the realized efficiencies. Over the last several years, the fee class budget for the operating power reactors fee class has decreased from $762.1 million in FY 2015 to $670.2 million in the FY 2019 final rule. In addition, the ‘‘Congressional Budget Justification: Fiscal Year 2020’’ (NUREG–1100, Volume 35) shows a continual decline in the operating reactors business line. In comparison to FY 2018, estimated billings under 10 CFR part 170 declined due to a reduction in both licensing actions and inspections due to the shutdown of Oyster Creek, the planned shutdown of Pilgrim and Three Mile Island operating power reactors during FY 2019, and the completion of the APR1400 design certification for Korea Hydro and Nuclear Power Co., LTD. The NRC continues to proactively review its budget to pursue additional efficiency improvements to ensure that its budgetary request accurately reflects the anticipated workload in light of anticipated operating power plant closures. The NRC continues to examine and pursue improvements to its processes and increases in efficiency that will allow it to meet its statutory E:\FR\FM\17MYR1.SGM 17MYR1 22346 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES responsibilities as the industry changes. The NRC continues to develop methods that would allow for more rapid adaptation to future needs and the size of the licensed community. No changes were made to the final rule as a result of these comments. E. Fuel Facilities Budget Comment: Several commenters welcomed the reductions in the fuel facilities fee class budgetary resources and annual fees in FY 2019 but felt that the fee class’s budgeted resources are still too large given the activities performed and number of licensees and that further reductions are needed beyond FY 2019. Two commenters expressed concern that the level of resources assigned to the fuel facilities fee class was too large in light of the risk profile for the fuel facilities being significantly lower compared to power reactors. (WEC, NEI, BWXT, NFS, URENCO) Response: The fuel facilities business line is responsible for ensuring the safety and security of fuel cycle and greater than critical mass facilities. The business line leads the licensing and oversight of these facilities, as well as domestic material control and accounting and international safeguards implementation activities for the NRC. The business line also supports rulemaking and environmental review activities for fuel facilities. The NRC has taken steps to right-size the fuel facilities budget to ensure that it reflects the reduced workload in the business line. A peak workload was experienced in FY 2012. The FY 2019 fuel facilities fee class budget of $24.8 million is approximately 54 percent less than the FY 2012 fuel facilities fee class budget of $54.4 million. Further, the 66 FTE in the FY 2019 fuel facilities fee class budget is approximately 64 percent less than the 184 FTE in the FY 2012 fuel facilities fee class budget. The FY 2019 fuel facilities fee class budget decreases due to aligning resources with a smaller projected workload, primarily due to the anticipated completion of work associated with the cyber security rulemaking and additional efficiencies to align resources with the smaller workload projected in FY 2019. In a public meeting conducted on February 13, 2019, on the FY 2019 proposed feel rule, the NRC provided an overview of the fuel facilities business line budget, major activities, the budget planning process (e.g., workload forecasting, types of work, and inspection activities), and a discussion of the fuel facilities fee class 10 CFR part 170 user fees and 10 CFR part 171 annual fees. Slides from this public VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 meeting are available in ADAMS under Accession No. ML19044A386. Regarding the assertion that the NRC should reduce its budget commensurate with the reduction in the number of fuel facilities that pay fees, the NRC agrees, but that reduction is not linearly proportional as there is a cost for the infrastructure that must be maintained independent of the number of operational fuel facilities. These infrastructure costs include indirect services and the business line portion of corporate support. Indirect services include rulemaking, maintaining guidance for licensees, maintaining procedures for NRC staff, training, and travel. Corporate support includes, for example, the cost for information management, information technology, security, facilities management, rent, utilities, financial management, acquisitions, human resources, and policy support. In this final rule, the fees assessed to the licensees and applicants by the NRC must conform to OBRA–90, which requires the NRC to collect approximately 90 percent of its annual budget authority (less certain excluded items) through both user fees and annual fees. The NRC can assess these annual fees only to licensees or certificate holders, and the annual fee schedule must be fair and equitably allocate annual fees among the NRC’s many licensees. To ensure compliance with OBRA–90, the NRC makes continual organizational improvements to align the resources needed to support its regulatory activities. These actions help mitigate impacts on the remaining licensees from licensees that leave a fee class by helping the NRC continue to develop budgets that account for regulating a fee class with a declining number of licensees. The NRC continues to actively evaluate resource requirements, both in terms of overall budget numbers and FTEs, to address changes that occur between budget formulation and execution. The NRC will continue to assess resource requirements and evaluate programmatic efficiencies that could result in additional resource reductions. Beyond FY 2019, the NRC will continue to look for efficiencies within the fuel facilities program. Going forward, the fuel facilities business line is focusing efforts to align the agency’s program of work in the fuel facilities area to workload projections and continuing to risk-inform the regulatory framework for these activities. In the coming months, the NRC will be sharing opportunities for the public and industry to engage with us in our efforts PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 in this area with a goal of identifying and realizing additional efficiencies in the licensing and oversight of fuel facilities while maintaining adequate protection consistent with our principles of good regulation. No changes were made to this final rule as a result of these comments. F. Fuel Facilities Decline in 10 CFR Part 170 Fee Collections Comment: Several commenters expressed concern regarding the declining fraction of fees recovered under 10 CFR part 170 (Service Fees) relative to 10 CFR part 171 (Annual Fees), as well as the NRC’s overall budget for the fuel facilities fee class. The commenters noted that these fees were being borne by a decreasing number of facilities with a decreasing number of licensing actions. They also asked for more information on what specific activities contribute to the nondirect portion of the budget that is recovered in the annual fees charged to licensees. (WEC, NEI) Response: The NRC is aware of the current economic state of the fuel cycle industry and remains mindful of the impact of its budget on the fees for licensees. The fuel facilities fee class supports the activities of the fuel facilities business line, including both direct-billable licensing actions and those general activities that indirectly support the agency’s mission in these areas. The overall budget for the fuel facilities business line has decreased significantly in recent years. For example, the number of budgeted staff positions in the fuel facilities fee class has decreased from 184 FTE in FY 2012 to 66 FTE in FY 2019, or 64 percent. The NRC continues to adjust its budget in line with anticipated work load for the business line. Since FY 2012, services billed directly to individual fuel facility licensees under 10 CFR part 170 have decreased. The reasons for this include: Fewer applications for new licenses, license renewals, and license amendments; fewer inspections; and less construction inspection activity. The decrease in 10 CFR part 170 collections in recent years has meant that the amount to be recovered by annual fees has not decreased commensurate with the overall decrease in the budget for the fuel facilities business line. Further, the decline in the number of operating fuel facilities (from ten in FY 2012 to seven in FY 2019) has led to an increase in the annual fee burden for the remaining fuel facilities, even though the total budgeted resources for this fee class have dropped during that time period. E:\FR\FM\17MYR1.SGM 17MYR1 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations The fuel facilities business line must maintain certain minimum requirements in order to meet the NRC’s regulatory and statutory oversight role. This includes maintaining expertise in a number of technical areas, including: Integrated safety analysis, radiation protection, criticality safety, chemical safety, fire safety, emergency management, environmental protection, decommissioning, management measures, material control and accounting, physical protection, and information security. Budgeted resources in technical areas are recovered through annual fees as well as user fees. In a public meeting on February 13, 2019, the NRC discussed how the annual fees support other activities that are necessary for the fuel facilities fee class as a whole. The presentations from the meeting address these areas and are available in ADAMS under Accession No. ML19044A386. No changes were made to this final rule as a result of these comments. jbell on DSK3GLQ082PROD with RULES G. Fuel Facilities Matrix Comment: Several commenters provided views regarding the effort factors matrix, including a request for feedback on the NRC’s decision not to make changes to the fuel facilities fee matrix in FY 2019, and specific information regarding the effort factor for Uranium Enrichment and requested a justification for why the safety factor for Solid UF6/Metal for Safety is higher than Category 3 Fuel Fabricators and is more appropriately reflected at lower effort factor. (WEC, NEI, URENCO) Response: In response to industry concerns about the fairness and equity of annual fees charged to fuel facilities, the NRC analyzed its past practice of using an effort factors matrix to calculate annual fees for the fuel facilities fee class to determine if revisions to the current method may be warranted. In FY 2018, the NRC held three public meetings to discuss possible alternative approaches to the method of calculating annual fees for the fuel facilities fee class including changes to the effort factors matrix. As part of that process, the NRC received numerous comments on the current and alternative methods for determining annual fees. The comments were grouped into 5 options which included an option for no change. The comments were mixed as to whether the NRC should change the methodology for calculating annual fees. Some stakeholders indicated that the NRC should change the methodology, while others stated that the NRC should leave VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 the methodology unchanged until budget reduction efforts are complete. During those meetings, the NRC indicated that it did not intend to make any changes to the method of calculating annual fees in the FY 2018 fee rule since it was in the process of engaging stakeholders, and any recommendations related to the effort factors matrix would be addressed as part of recommendations for the FY 2019 proposed fee rule. During the development of the FY 2019 fee rule, the NRC considered the 5 options for changing the method of allocating annual fees to individual fuel facility licensees and decided that the best option was no change, which retained the current methodology based on the effort factors matrix that was developed in the FY 1999 final fee rule (64 FR 31447; June 10, 1999). Regarding the comment that the safety factor in the effort factors matrix for Solid Uranium Hexafluoride (UF6)/ Metal processes at Uranium Enrichment facilities is too high, the NRC notes that the same comment was submitted for the 2018 fee rule and during the 2018 public meetings. The effort factors in the matrix represent non-billable, regulatory effort (e.g., rulemaking, guidance, etc.). Billable regulatory effort, such as the number of inspections, is not applicable to the effort factor. However, the NRC acknowledges that enrichment facilities receive natural UF6 as feed and ship low enriched UF6 as product. The nonbillable effort is more aligned to the moderate effort for facilities fabricating low enriched fuel than the high effort for facilities fabricating high enriched fuel. This is because the regulations and guidance for criticality safety, physical protection, and material control and accounting are more extensive for HEU than low-enrich uranium LEU or natural uranium. A moderate effort is assigned an effort factor of 5. Therefore, the safety factor in the effort factors matrix for UF6/Metal processes at Uranium Enrichment facilities has been reduced from 10 to 5 for this process at enrichment facilities. H. Research and Test Reactors Comment: ‘‘The anticipated decrease in part 170 billings will be offset by an increase in activity for Aerotest’s startup inspection and license renewal application. A December 6, 2018, letter from Aerotest Operations, Inc. appears to contradict this statement because the licensee has requested withdrawal of the renewal application and a subsequent termination of related regulatory and licensing activities.’’ (NEI) PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 22347 Response: The commenter is correct regarding the letter from Aerotest requesting withdrawal of the license renewal application and termination of related regulatory and licensing activities. The NRC notes that this will not result in the NRC discontinuing all work related to the licensing and oversight of Aerotest during FY 2019 (i.e., Aerotest will continue to pay hourly fees for NRC services). As stated in the January 25, 2019, letter from the NRC to Aerotest (ADAMS Accession No. ML19015A332), ‘‘the NRC staff will not consider Aerotest’s license renewal application to be withdrawn until Aerotest provides the NRC with written certification of the permanent cessation of [Aerotest] operations.’’ Although the NRC suspended its review of the license renewal application and startup inspection activities, this work may resume if requested by Aerotest or be replaced by new work related to permanent cessation of operations and license termination. This leaves uncertainty about the NRC services that will be requested by Aerotest in FY 2019 and the associated hourly fees. The difference between fees for license renewal and startup inspection assumed in the fee calculations for the proposed rule and the fees for licensing actions related to permanent cessation of operations and license termination is expected to be small (on the order of several thousands of dollars in FY 2019). This difference should not have a significant impact on the FY 2019 annual fee given the methods used by the NRC for determining the annual fees under 10 CFR part 171, as described below. In order to develop the estimated 10 CFR part 170 by fee class the NRC utilizes actual billing data from four quarters including the hourly rate charges and contract work, which is then adjusted for workload projections and the changes in the hourly rate. In order to expedite the fee rule publication, the billing data used to estimate the 10 CFR part 170 estimated billings was changed in the FY 2017 fee rule and has carried forward in subsequent fee rules. The FY 2019 proposed rule utilizes four quarters of the prior year invoice data, while the NRC will utilize a combination of two quarters of the prior year and two quarters of the current year billing data, which is also updated to reflect workload changes, for the FY 2019 final rule. By giving up some precision in the 10 CFR part 170 estimates, the NRC is able to achieve the acceleration of publishing the fee rule. No changes were made to the final rule as a result of these comments. E:\FR\FM\17MYR1.SGM 17MYR1 22348 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations I. Low-Level Waste Surcharge Comment: ‘‘[W]e believe the staff should provide additional information on the data used to validate the ‘‘LowLevel Waste Surcharge’’ (LLW) increase shown in table IV of the proposed rule (page 582 of the Federal Register notice). Since NRC fees are based in part on the LLW surcharge, NRC should continue to work with the Department of Energy to ensure the accuracy, completeness and timeliness of data entered into DOE’s Manifest Information Management System (MIMS).’’ (NEI) Response: The DOE was required by law (42 U.S.C. 2021g(a)) to establish a computerized database to monitor lowlevel radioactive wastes. The DOE created and is responsible for the MIMS database that was created to monitor the management of commercial LLW in the United States. The LLW surcharge percentages included in Table IV in the proposed FY 2019 fee rule for operating power reactors, fuel facilities, and materials users reflect the 5-year average of the data available in MIMS for the relevant licensees. At the time the proposed FY 2019 fee rule was issued, the most recent data available from the MIMS database was from March 2018. The FY 2019 final fee rule includes updated LLW surcharge percentages which account for the 2019 MIMS data that was recently populated by DOE. The 2019 data includes a significant increase to the volume reported under the ‘‘Utility’’ Class, which is used to determine the percentage for operating power reactors. The increase to the volume reported under the Utility Class in 2019 shifted the percentages for fuel facilities and operating power reactors as seen in Table IV, ‘‘Allocation of Fee-Relief and LLW Surcharge FY 2019.’’ As a result, compared to the proposed FY 2019 fee rule, the percentage of the LLW surcharge for operating power reactors increased from 41.0 percent to 75 percent, fuel facilities decreased from 46 percent to 20 percent, and material users decreased from 13 percent to 5 percent. Please refer to Table IV and the accompanying discussion for additional details. No changes were made to this final rule as a result of these comments. jbell on DSK3GLQ082PROD with RULES J. Small Business Standards Comment: ‘‘Regarding small entity size standards, the NRC should consider establishing lower licensing fees by creating one or more additional ranges between the $520,000 and $7,500,000 gross annual receipts range. A fee rate schedule with more steps for small businesses would help reduce the VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 license fee burden on the smaller entities and address small business concerns.’’ (RE) Response: To reduce the significance of the annual fees on a substantial number of small entities, the NRC established the maximum small entity fee in FY 1991. In FY 1992, the NRC introduced a second lower tier to the small entity fee. Because the NRC’s methodology for small entity size standards has been approved by the Small Business Administration, the NRC did not modify its current methodology for this rulemaking. As one of the ongoing Fees Transformation initiatives, the NRC is currently determining if a change to the small entity size standards is needed. No change was made to the final rule in response to this comment. necessary corrections or appropriate changes to specific aspects of the NRC’s fee regulations in order to ensure compliance with OBRA–90. The NRC takes the importance of examining and improving the efficiency of its operations and the prioritization of its regulatory activities very seriously. Recognizing the importance of continuous reexamination and improvement of the way the agency does business, the NRC has undertaken, and continues to undertake, a number of significant initiatives aimed at improving the efficiency of NRC operations and enhancing the agency’s approach to regulating. Though comments raising these issues are not within the scope of this final rule, the NRC will consider this input in its future program operations. K. Comments Generally Supporting Actions of the Agency Several commenters expressed comments generally in favor of actions that the agency is taking with respect to fees, billing, and other aspects of the fee rule process. Comments generally in favor of the agency’s actions included comments supporting the public meetings on the proposed fee rule, improved efficiency and clarity of the fee and invoicing process, support for eBilling, the removal of the 6-percent overhead charge for the 10 CFR part 170 bills, the decrease within the fuel facilities budget to right-size the budget to reflect a reduced workload, and other improvements made as part of the Fees Transformation Initiative. No new or different information was developed as a result of these comments, and thus, no changes to the rule were made because of these comments. VI. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, as amended,6 the NRC has prepared a regulatory flexibility analysis for this final rule. The regulatory flexibility analysis is available as indicated in Section XIV, Availability of Documents, of this document. L. Comments on Matters Not Related to This Rulemaking Several commenters raised issues outside the scope of the FY 2019 fee rule. Commenters raised concerns with the agency’s budgeting process and requesting public meetings on the agency’s budget formulation process. A few commenters regarding expediting efficiency efforts and engaging industry regarding additional efficiencies and risk-informing the current regulatory program. Additional comments included a comment on safety standards and renewal energy, and Medicare codes. These matters are outside the scope of this final rule. The primary purpose of the NRC’s annual fee recovery final rule is to update the NRC’s fee schedules to recover approximately 90 percent of the NRC’s budgeted authority for the current fiscal year, and to make other PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 VII. 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 final rule, 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 final rule. VIII. Backfitting and Issue Finality The NRC has determined that the backfit rule, 10 CFR 50.109 (and similar provisions in the NRC’s regulations for other licensee fee classes), does not apply to this final 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 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). E:\FR\FM\17MYR1.SGM 17MYR1 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 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. 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. IX. Plain Writing 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. 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). X. National Environmental Policy Act The NRC has determined that this rule amends the NRC’s administrative requirements in 10 CFR part 170 and 10 CFR part 171. Therefore, this action is categorically excluded from needing environmental review as described in § 51.22(c)(1). Consequently, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. XI. Paperwork Reduction Act This final rule does not contain a collection of information as defined in Public Protection Notification XII. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act of 1996 (5 U.S.C. 801–808). The Office of Management and Budget has found it to be a major rule as defined in the Congressional Review Act. XIII. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Pub. L. 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 final rule, the NRC amends the licensing, inspection, and Document jbell on DSK3GLQ082PROD with RULES FY 2019 Proposed Fee Rule ................................................................... FY 2019 Proposed Rule Work Papers ..................................................... Fees Transformation Accomplishments ................................................... 10 CFR Part 170 Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 annual fees charged to its licensees and applicants, as necessary, to recover approximately 90 percent of its budget authority in FY 2018, as required by OBRA–90. This action does not constitute the establishment of a standard that contains generally applicable requirements. XIV. 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 document is available as indicated in Section XV, Availability of Documents, of this document. XV. 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 SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ dated September 15, 2005. SECY–08–0174, ‘‘Fiscal Year 2009 Proposed Fee Rule and Advance Rulemaking for Grid-Appropriate Reactor Fees,’’ dated November 7, 2008. SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 Proposed Fee Rule,’’ dated August 22, 2016. SECY–17–0026, ‘‘Policy Considerations and Recommendations for Remediation of Non-Military, Unlicensed Historic Radium Sites in NonAgreement States,’’ dated February 22, 2017. Staff Requirements Memorandum for SECY–17–0026, dated September 7, 2017. FY 2019 Final Rule Work Papers ............................................................ FY 2019 Regulatory Flexibility Analysis ................................................... FY 2019 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide. NUREG–1100, Volume 34, ‘‘Congressional Budget Justification: Fiscal Year 2019’’ (February 2018). NUREG–1100, Volume 35, ‘‘Congressional Budget Justification: Fiscal Year 2020’’ (February 2019). NRC Form 526, Certification of Small Entity Status for the Purposes of Annual Fees Imposed under 10 CFR Part 171. OMB’s Circular A–25, ‘‘User Charges’’ .................................................... List of Subjects 22349 ML052580332. ML083120518. ML16194A365. ML17130A783. ML17250A841. ML19106A409. ML19085A492. ML18338A006. ML18023B460. ML19065A279. https://www.nrc.gov/reading-rm/doc-collections/forms/nrc526.pdf. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/ OMB/circulars/a025/a025.html. ML18319A157. ML18361A780. https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformatonaccomplishments.html. Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 10 CFR Part 171 Annual charges, Approvals, Byproduct material, Holders of certificates, Intergovernmental relations, Nonpayment penalties, Nuclear E:\FR\FM\17MYR1.SGM 17MYR1 22350 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 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 adopting 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] Facility categories and type of fees Fees 1 2 * * * * * * K. Import and export licenses: 6 Licenses for the import and export only of production or utilization facilities or the export only of components for production or utilization facilities issued under 10 CFR part 110. 1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request ..................................................................... 2. Application for export of reactor and other components requiring Executive Branch review, for example, those actions under 10 CFR 110.41(a). Application—new license, or amendment; or license exemption request ..................................................................... 3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request ..................................................................... 4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, or obtaining foreign government assurances. Application—new license, or amendment; or license exemption request ..................................................................... 5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms or conditions or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities. Minor amendment to license .......................................................................................................................................... * N/A N/A N/A N/A N/A 1 Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under § 2.202 of this chapter or for amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other sections in effect now or in the future, regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. 2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided. * * * * * * * 6 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] jbell on DSK3GLQ082PROD with RULES 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 VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 Full Cost. Full Cost. 22351 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] jbell on DSK3GLQ082PROD with RULES Category of materials licenses and type of fees 1 Fee 2 3 (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] ............................................................................................................................... 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] ................................................................................... VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 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. $4,300. $2,800. $2,600. $2,600. $13,000. $17,300. $21,600. $3,600. $4,800. 22352 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] jbell on DSK3GLQ082PROD with RULES Category of materials licenses and type of fees 1 Fee 2 3 (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] .............................................................................. 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] ............................................................................................... VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 $5,900. $5,200. $6,900. $8,600. N/A. $3,200. $6,500. $62,000. $6,600. $11,600. $2,000. $1,100. $5,500. $7,300. $9,100. $8,300. $8,900. 22353 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] Category of materials licenses and type of fees 1 4. 5. 6. jbell on DSK3GLQ082PROD with RULES 7. Fee 2 3 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] ............................................................................................................................... Waste disposal and processing:11 A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material. Application [Program Code(s): 03231, 03233, 03236, 06100, 06101] .............................................................................. B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03234] ............................................................................................................................... C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03232] ............................................................................................................................... Well logging:11 A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. Application [Program Code(s): 03110, 03111, 03112] ...................................................................................................... B. Licenses for possession and use of byproduct material for field flooding tracer studies. Licensing [Program Code(s): 03113] ................................................................................................................................. Nuclear laundries:11 A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. Application [Program Code(s): 03218] ............................................................................................................................... Medical licenses:11 A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 1–5. Application [Program Code(s): 02300, 02310] ................................................................................................................... (1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 6–20. Application [Program Code(s): 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] ........................................................................................................... VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 $6,300. $8,500. $10,600. $4,700. $6,300. $7,900. $700. $2,600. $2,500. $14,200. Full Cost. $6,900. $5,000. $4,600. Full Cost. $22,200. $11,100. $14,800. $18,500. 22354 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] jbell on DSK3GLQ082PROD with RULES Category of materials licenses and type of fees 1 Fee 2 3 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] .......... 8. Civil defense:11 A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities. Application [Program Code(s): 03710] ............................................................................................................................... 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution. Application—each device ................................................................................................................................................... B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. Application—each device ................................................................................................................................................... C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution. Application—each source ................................................................................................................................................... D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Application—each source ................................................................................................................................................... 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ........................................................................................ 2. Other Casks ................................................................................................................................................................... B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators. Application ................................................................................................................................................................... Inspections .................................................................................................................................................................. 2. Users. Application ................................................................................................................................................................... Inspections .................................................................................................................................................................. C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices). 11. Review of standardized spent fuel facilities ............................................................................................................................... 12. Special projects: Including approvals, pre-application/licensing activities, and inspections. Application [Program Code: 25110] ................................................................................................................................... 13. A. Spent fuel storage cask Certificate of Compliance ............................................................................................................... B. Inspections related to storage of spent fuel under § 72.210 of this chapter. 14. Decommissioning/Reclamation 11 VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 $8,700. $11,500. $14,400. $6,600. $8,700. $10,900. $2,600. $10,800. $9,000. $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. 22355 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] jbell on DSK3GLQ082PROD with RULES Category of materials licenses and type of fees 1 Fee 2 3 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 ......................................................................... 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. VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 Full Cost. Full Cost. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. $2,100. Full Cost. 22356 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] Category of materials licenses and type of fees 1 Fee 2 3 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 ....................................................................................... Full Cost. Full Cost. 1 Types jbell on DSK3GLQ082PROD with RULES 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. 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 Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 44 U.S.C. 3504 note. 4. The authority citation for part 171 continues to read as follows: (a) Each person holding an operating license for a power, test, or research reactor; each person holding a combined license under part 52 of this chapter after the Commission has made the ■ Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 5. In § 171.15, revise paragraphs (a), (b)(1), (b)(2) introductory text, (c)(1), (c)(2) introductory text, (d)(1) introductory text, (d)(2) and (3), and (f) to read as follows: ■ § 171.15 Annual fees: Reactor licenses and independent spent fuel storage licenses. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 finding under 10 CFR 52.103(g); each person holding a part 50 or part 52 power reactor license that is in decommissioning or possession only status, except those that have no spent fuel onsite; and each person holding a part 72 license who does not hold a part 50 or part 52 license and provides notification in accordance with 10 CFR 72.80(g), shall pay the annual fee for each license held during the Federal fiscal year in which the fee is due. This paragraph does not apply to test or research reactors exempted under § 171.11(b). E:\FR\FM\17MYR1.SGM 17MYR1 22357 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations (b)(1) The FY 2019 annual fee for each operating power reactor that must be collected by September 30, 2019, is $4,669,000. (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 $152,000. (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 $219,777 fee-relief surcharge, 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 $2,243 fee-relief surcharge. This amount is calculated by dividing the total operating power reactor fee-relief surcharge, $219,777, 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 $11,888 fee-relief surcharge. 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 $97.44 fee-relief surcharge. This amount is calculated by dividing the total fee-relief surcharge 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(b), are as follows: Research reactor .......................... Test reactor .................................. $82,400 82,400 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: jbell on DSK3GLQ082PROD with RULES Maximum annual fee per licensed category 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 ............................................................................................................................................................ VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 $4,500 900 4,500 900 4,500 900 4,500 900 4,500 900 22358 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations (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 jbell on DSK3GLQ082PROD with RULES 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] ................................................................................................................................................................................ 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] .................................................................................................................................... VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 $6,675,000 2,262,000 N/A N/A N/A N/A 2,900 7,300 2,909,000 5,300 1,417,000 N/A 49,200 N/A 5 N/A 5 N/A 5 N/A N/A 3,100 7,900 6,100 7,400 9,300 28,600 38,000 47,300 11,600 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 22359 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 jbell on DSK3GLQ082PROD with RULES Category of materials licenses (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] ....................................................................................................... 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] ..................................................................................................................................................... VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 15,400 19,000 10,800 14,300 17,800 5 N/A 11,900 11,000 88,000 10,900 17,600 4,200 3,100 15,300 20,300 25,300 14,900 18,600 30,200 40,300 22360 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued [See footnotes at end of table] Annual fees 1 2 3 Category of materials licenses 4. 5. 6. jbell on DSK3GLQ082PROD with RULES 7. (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: 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] ............................................. VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 50,200 10,000 13,400 16,700 13 N/A 7,100 7,500 31,000 32,600 18,400 10,500 14,600 5 N/A 35,200 26,100 34,600 43,300 31,600 41,900 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 22361 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 jbell on DSK3GLQ082PROD with RULES (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): 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. 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): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] ................................... 8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities [Program Code(s): 03710] ............................................................................................................................................. 9. Device, product, or sealed source safety evaluation: A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution .................................................................. B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices ....................................................................................................................................................... C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution ..................................................................................... D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel .................................................................................................................................................................... 10. Transportation of radioactive material: A. Certificates of Compliance or other package approvals issued for design of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ........................................................................................... 2. Other Casks ...................................................................................................................................................................... B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators ....................................................................................................................................................... 2. Users ................................................................................................................................................................................. C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices) ..................................................................................................................................................................................... 11. Standardized spent fuel facilities ................................................................................................................................................... 12. Special Projects [Program Code(s): 25110] .................................................................................................................................. 13. A. Spent fuel storage cask Certificate of Compliance .................................................................................................................. B. General licenses for storage of spent fuel under 10 CFR 72.210 .......................................................................................... 14. Decommissioning/Reclamation: A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21240, 21325, 22200] ....................................................................... B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, whether or not the sites have been previously licensed .......................................................................................................................................................... 15. Import and Export licenses ............................................................................................................................................................ 16. Reciprocity ..................................................................................................................................................................................... 17. Master materials licenses of broad scope issued to Government agencies.15 [Program Code(s): 03614] ................................. 18. Department of Energy: A. Certificates of Compliance ....................................................................................................................................................... B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities .......................................................................................... 52,200 15,300 20,200 25,300 7,100 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 6 N/A 12 N/A 7 20 N/A 7 N/A 8 N/A 8 N/A 329,000 10 1,020,000 121,000 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 § 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. VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.SGM 17MYR1 22362 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and Regulations 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 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: * * * * * Dated at Rockville, Maryland, this 2nd day of May 2019. For the Nuclear Regulatory Commission. Maureen E. Wylie, Chief Financial Officer. [FR Doc. 2019–10051 Filed 5–16–19; 8:45 am] jbell on DSK3GLQ082PROD with RULES BILLING CODE 7590–01–P VerDate Sep<11>2014 16:27 May 16, 2019 Jkt 247001 DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Federal Aviation Administration History 14 CFR Part 71 [Docket No. FAA–2017–1043; Airspace Docket No. 17–AEA–18] RIN 2120–AA66 Amendment of Class E Airspace; Bloomsburg, PA Federal Aviation Administration (FAA), DOT. ACTION: Final rule, correction. AGENCY: This action corrects a final rule published in the Federal Register on September 11, 2018 (corrected November 6, 2018), Class E airspace extending upward from 700 feet or more above the surface at Bloomsburg Municipal Airport, Bloomsburg, PA. The airport’s description header identified the region as ‘‘ASO’’. The correct region identifier is ‘‘AEA’’. DATES: Effective 0901 UTC, June 20, 2019. The Director of the Federal Register approves this incorporation by reference action under Title 1 Code of Federal Regulations part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337; telephone (404) 305–6364. SUMMARY: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 The FAA published a final rule in the Federal Register (83 FR45814, September 11, 2018; corrected 83 FR 55479, November 6, 2018) for Doc. No. FAA–2017–1043, amending Class E airspace extending upward from 700 feet or more above the surface at Bloomsburg Municipal Airport, Bloomsburg, PA. Subsequent to publication, the FAA found that the description header listed the region of the airport as ‘‘ASO’’. This action corrects the error. Class E airspace designations are published in paragraph 6005, of FAA Order 7400.11C, dated August 13, 2018, and effective September 15, 2018, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, in the Federal Register of September 11, 2018 (83 FR 45814; corrected November 6, 2018 (83 FR 55479)) FR Doc. 2018– 19489, Amendment of Class E Airspace; Bloomsburg, PA, is corrected as follows: § 71.1 * E:\FR\FM\17MYR1.SGM [Amended] * * 17MYR1 * *

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22331-22362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10051]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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


Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Rules and 
Regulations

[[Page 22331]]



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: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the 
licensing, inspection, special project, and annual fees charged to its 
applicants and licensees. These 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.

DATES: This final rule is effective on July 16, 2019.

ADDRESSES: 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:
     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: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document. For the convenience of the 
reader, the ADAMS accession numbers and instructions about obtaining 
materials referenced in this document are provided 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.

FOR FURTHER INFORMATION CONTACT: Anthony Rossi, Office of the Chief 
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-7341, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Statutory Authority
II. Discussion
III. Petition for Rulemaking
IV. Public Comment Analysis
V. Public Comments and NRC Response
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act
XII. Congressional Review Act
XIII. Voluntary Consensus Standards
XIV. Availability of Guidance
XV. Availability of Documents

I. 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 
(FY) through fees; in FY 2019, amounts appropriated for international 
activities, generic homeland security activities, advanced reactor 
regulatory infrastructure activities, waste incidental to reprocessing, 
and Inspector General services for the Defense Nuclear Facilities 
Safety Board are excluded from this fee-recovery requirement. The OBRA-
90 requires the NRC to use its IOAA authority first 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.

II. Discussion

FY 2019 Fee Collection--Overview

    The NRC is issuing the FY 2019 final fee rule based on Public Law 
(Pub. L.) 115-244, ``Energy and Water, Legislative Branch, and Military 
Construction and Veterans Affairs Appropriations Act, 2019,'' (Act) 
(the enacted budget), in the amount of $911.0 million, a decrease of 
$11.0 million from FY 2018. As explained previously, certain portions 
of the NRC's total budget are excluded from the NRC's fee-recovery 
amount--specifically, these exclusions total to $43.4 million, 
consisting of: $16.1 million for international activities, $14.6 
million for generic homeland security activities, $10.3 million for 
advanced reactor infrastructure, $1.3 million for Waste Incidental to 
Reprocessing activities, and $1.1 million for Inspector General 
services for the Defense Nuclear Facilities Safety Board. Additionally, 
OBRA-90 requires the NRC to recover 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 OBRA-90 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 $782.5 million in fees in FY 
2019 to licensees

[[Page 22332]]

and applicants. Of this amount, the NRC estimates that $252.1 million 
will be recovered through 10 CFR part 170 user fees; that leaves 
approximately $530.5 million to be recovered through 10 CFR part 171 
annual fees. Table I summarizes the fee-recovery amounts for the FY 
2019 final fee rule using the enacted budget, and taking into account 
excluded activities, the fee-relief activities, and net billing 
adjustments (individual values may not sum to totals due to rounding). 
Please see the work papers (ADAMS Accession No. ML19106A409) for actual 
amounts.
    The Joint Explanatory Statement associated with the Act includes 
direction for the NRC to use $20.0 million in carryover funds. The use 
of carryover funds allows the NRC to accomplish the work needed without 
additional costs to licensees because, consistent with the requirements 
of OBRA-90, fees are calculated based on the budget authority enacted 
for the current FY and not carryover funds.

                                  Table I--Budget and Fee Recovery Amounts \1\
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2018 final   FY 2019 final    Percentage
                                                                       rule            rule           change
----------------------------------------------------------------------------------------------------------------
Total Budget Authority..........................................          $922.0          $911.0            -1.2
Less Excluded Fee Items.........................................           -43.8           -43.4            -0.9
                                                                 -----------------------------------------------
    Balance.....................................................           878.2           867.6            -1.2
Fee Recovery Percent............................................              90              90             0.0
Total Amount to be Recovered:...................................           790.4           780.8            -1.2
                                                                 -----------------------------------------------
    Adjustment USAID Rescission \2\.............................            -0.1             0.0           100.0
Total Amount to be Recovered Post USAID:........................           790.3           780.8            -1.2
10 CFR Part 171 Billing Adjustments:
    Unpaid Current Year Invoices (estimated)....................             6.5             4.5           -30.8
    Less Payments Received in Current Year for Previous Year                -7.5            -2.8           -62.7
     Invoices (estimated).......................................
                                                                 -----------------------------------------------
        Subtotal................................................            -1.0             1.7           270.0
Amount to be Recovered through 10 CFR Parts 170 and 171 Fees....           789.3           782.5            -0.9
    Less Estimated 10 CFR Part 170 Fees.........................          -280.8          -252.1           -10.2
                                                                 -----------------------------------------------
        10 CFR Part 171 Fee Collections Required................          $508.5          $530.5             4.3
----------------------------------------------------------------------------------------------------------------

FY 2019 Fee Collection--Professional 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 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] TR17MY19.000

    For FY 2019, the NRC is increasing the professional hourly rate 
from $275 to $278. The 1.1 percent increase in the FY 2019 professional 
hourly rate is due to the decline in the number of mission-direct FTE 
compared to FY 2018. 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 22333]]



                                 Table II--Professional Hourly Rate Calculation
                                     [Dollars in millions, except as noted]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2018 final   FY 2019 final    Percentage
                                                                       rule            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 IG)...................          $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) (In
 Millions)......................................................
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 is amending 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 
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 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, import and export licensing actions, wholly funded 
through the international activities product line, (see fee categories 
K.1. through K.5. of Sec.  170.21 and fee categories 15.A. through 
15.R. of Sec.  170.31) will not be charged flat fees under the final 
rule. 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 
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 more 
than the 10 percent threshold. Therefore, the NRC is assessing a fee-
relief surcharge that increases 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      final rule
----------------------------------------------------------------------------------------------------------------
1. Activities not attributable to an existing NRC licensee or
 class of licensees:
    a. Agreement State oversight................................           $13.5           $11.5           -14.5
    b. Scholarships and Fellowships.............................            15.0            15.0             0.0

[[Page 22334]]

 
    c. Medical Isotope Production Infrastructure................             3.9             5.4            38.5
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             4.5
    b. Costs not recovered from small entities under 10 CFR                  6.6             8.0            21.6
     171.16(c)..................................................
    c. Regulatory support to Agreement States...................            17.4            14.7           -15.4
    d. Generic decommissioning/reclamation (not related to the              14.5            12.9           -11.0
     power reactor and spent fuel storage fee classes)..........
    e. Uranium recovery program and unregistered general                     1.5             7.2           380.0
     licensees..................................................
    f. Potential Department of Defense remediation program                   1.2             2.1            78.8
     Memorandum of Understanding activities.....................
    g. Non-military radium sites................................             1.7             1.1           -33.5
                                                                 -----------------------------------------------
        Total fee-relief activities.............................            83.9            87.0             3.7
        Less 10 percent of the NRC's total FY budget (less the             -87.8           -86.8            -1.2
         fee recovery exclusions)...............................
                                                                 -----------------------------------------------
            Fee-Relief Adjustment to be Allocated to All                   $-3.9            $0.3           106.4
             Licensees' Annual Fees.............................
----------------------------------------------------------------------------------------------------------------

    Table IV shows how the NRC allocates the $0.3 million fee-relief 
surcharge to each licensee fee class. Due to the transition of Wyoming 
to Agreement State status, the NRC is expanding 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 the majority of 
uranium recovery licensees are now in Agreement States.
    In addition to the fee-relief surcharge, the NRC also assesses 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 allocates 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.
    The LLW surcharge amounts have changed since the proposed rule. 
After the NRC published the proposed rule for public comment, DOE 
updated the Manifest Information Management System with 2019 data. As a 
result of the update, the LLW surcharge for operating power reactors 
fee class increased from $2.8 million to $3.2 million. For Fuel 
Facilities and Material Users, it decreased from $0.8 million to $0.5 
million and from $0.2 million to $0.1 million, respectively. Additional 
details about these changes to the LLW surcharge resulting from DOE's 
update to the Manifest Information Management System can be found in 
Section IV of this document.
    Table IV shows the LLW surcharge and fee-relief surcharge, and its 
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........            84.0           3.189            86.7           0.220           3.409
Spent Fuel Storage/Reactor                   0.0             0.0             4.7           0.012           0.012
 Decommissioning................
Research and Test Reactors......             0.0             0.0             0.1           0.000           0.000
Fuel Facilities.................            12.7           0.482             4.0           0.010           0.492
Materials Users.................             3.3           0.125             3.8           0.010           0.135
Transportation..................             0.0             0.0             0.6           0.002           0.002
Rare Earth Facilities...........             0.0             0.0             0.0             0.0             0.0
Uranium Recovery................             0.0             0.0             0.1             0.0             0.0
                                 -------------------------------------------------------------------------------
    Total.......................           100.0           3.797           100.0           0.254           4.051
----------------------------------------------------------------------------------------------------------------


[[Page 22335]]

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 revised its annual fees in Sec. Sec.  171.15 and 171.16 to 
recover approximately 90 percent of the NRC's FY 2019 budget authority 
(less the fee-recovery exclusions and the estimated amount to be 
recovered through 10 CFR part 170 fees). The total estimated 10 CFR 
part 170 collections for this final rule are $252.1 million, a decrease 
of $28.7 million from the FY 2018 fee rule. The NRC, therefore, must 
recover $530.5 million through annual fees from its licensees, which is 
an increase of $22.0 million from the FY 2018 final rule.
    Table V shows the final rebaselined fees for FY 2019 for a 
representative list of license categories. The FY 2018 amounts are 
provided by each fee class for comparison purposes.

                                        Table V--Rebaselined Annual Fees
                                                [Actual dollars]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2018 final   FY 2019 final    Percentage
                   Class/category of licenses                       annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........................................      $4,333,000      $4,669,000             7.8
+ Spent Fuel Storage/Reactor Decommissioning....................         198,000         152,000           -23.2
                                                                 -----------------------------------------------
    Total, Combined Fee.........................................       4,531,000       4,821,000             6.4
Spent Fuel Storage/Reactor Decommissioning......................         198,000         152,000           -23.2
Research and Test Reactors (Non-power Reactors).................          81,300          82,400             1.4
High Enriched Uranium Fuel Facility.............................       7,346,000       6,675,000            -9.1
Low Enriched Uranium Fuel Facility..............................       2,661,000       2,262,000           -15.0
UF6 Conversion and Deconversion Facility........................       1,517,000       1,417,000            -6.6
Basic In Situ Recovery Facilities (Category 2.A.(2)(b)).........          49,200          49,200             0.0
Typical 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 3P)...           8,600          10,000            16.3
Broad Scope Medical (Category 7B)...............................          30,900          31,600             2.3
----------------------------------------------------------------------------------------------------------------

The work papers that support this final rule show in detail how the NRC 
allocates the budgeted resources for each class of licensees and 
calculates the fees. Paragraphs a. through h. of this section describe 
budgeted resources allocated to each class of license and the 
calculations of the rebaselined fees. For more information about 
detailed fee calculations for each class, please consult the work 
papers for this final rule.
a. Operating Power Reactors
    The NRC will collect $457.6 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]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2018 final   FY 2019 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $669.9          $670.2             0.0
Less estimated 10 CFR part 170 receipts.........................          -239.6          -217.7            -9.1
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................           430.4           452.5             5.1
Allocated generic transportation................................             0.3             0.2            -7.7
Fee-relief adjustment/LLW surcharge.............................            -0.8             3.4           542.8
Billing adjustment..............................................            -0.9             1.5           273.3
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................           428.9           457.6             6.7
    Total operating reactors....................................              99              98            -1.0
Annual fee per reactor..........................................          $4.333          $4.669             7.8
----------------------------------------------------------------------------------------------------------------

    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. These decreases in the estimated billings under 10 CFR part 170 
are offset slightly to reflect an increase in risk-informed licensing 
reviews.
    The recoverable budgeted costs are divided equally among the 98 
licensed power reactors, resulting in an annual fee of $4,669,000 per 
reactor. Additionally, each licensed power reactor is assessed the FY 
2019 spent

[[Page 22336]]

fuel storage/reactor decommissioning annual fee of $152,000 (see Table 
VII and the discussion that follows). The combined FY 2019 annual fee 
for power reactors is, therefore, $4,821,000.
    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 will not 
assess an annual fee in FY 2019 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
    The NRC will collect $18.6 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 as shown in Table VII. 
The FY 2018 values are shown for comparison purposes.

            Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/Reactor Decommissioning
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2018 final   FY 2019 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $33.8           $35.6             5.3
Less estimated 10 CFR part 170 receipts.........................           -10.2           -17.8            75.3
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            23.7            17.8           -24.7
Allocated generic transportation costs..........................             0.7             0.7            -9.2
Fee-relief adjustment...........................................            -0.2             0.0           107.0
Billing adjustments.............................................             0.0             0.1           299.2
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................            24.2            18.6           -23.2
    Total spent fuel storage facilities.........................             122             122             0.0
Annual fee per facility.........................................           0.198           0.152           -23.2
----------------------------------------------------------------------------------------------------------------

    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 
(previously named Waste Control Specialists) 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 FY 2019 annual fee of $152,000 per 
licensee.
c. Fuel Facilities
    The NRC will collect $24.5 million in annual fees from the fuel 
facilities class. The FY 2018 values are shown for comparison purposes.

                         Table VIII--Annual Fee Summary Calculations for Fuel Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2018 final   FY 2019 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $35.2           $30.0           -14.8
Less estimated 10 CFR part 170 receipts.........................            -9.2            -7.3           -21.5
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            26.0            22.7           -12.4
Allocated generic transportation................................             1.3             1.2            -9.3
Fee-relief adjustment/LLW surcharge.............................             0.5             0.5            -3.4
Billing adjustments.............................................             0.0             0.1           237.0
                                                                 -----------------------------------------------
    Total remaining required annual fee recovery \4\............            27.7            24.5           -11.7
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2018, the fuel facilities budgeted resources 
decreased in FY 2019, primarily due to the anticipated completion of 
work associated with the Cyber Security Rulemaking and additional 
efficiencies to align resources with a smaller projected workload.
---------------------------------------------------------------------------

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

    The estimated 10 CFR part 170 billings 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 
while plant operations are idle, offset by increased work for 
Westinghouse associated with an

[[Page 22337]]

emergency preparedness exercise, its license renewal, and increased 
work for conducting the Nuclear Fuel Services force-on-force exercise.
    The NRC will 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). The annual fees are then distributed across the 
fee class based on the regulatory effort assigned by the matrix. The 
effort factors in the matrix represent non-billable, regulatory effort 
(e.g., rulemaking, guidance, etc.). Billable regulatory effort, such as 
the number of inspections, is not applicable to the effort factor. In 
FY 2019, the safety factor in the effort factors matrix for Uranium 
Hexafluoride (UF6)/Metal processes at Uranium Enrichment facilities has 
been reduced from 10 (high effort) to 5 (moderate effort) for this 
process at enrichment facilities. Enrichment facilities receive natural 
uranium as feed material and produce a low enriched uranium (LEU) 
product. Enrichment facilities are not authorized to produce high 
enriched uranium (HEU). Therefore, enrichment facilities are more like 
LEU fuel fabrication facilities than HEU fuel fabrication facilities in 
terms of level of impact to non-billable regulatory effort (e.g., 
rulemaking, guidance, etc.) in the area of Solid UF6/Metal process. In 
addition, the non-billable effort is more aligned to the moderate 
effort for facilities fabricating low enriched fuel than the high 
effort for facilities fabricating high enriched fuel. This is because 
the regulations and guidance for criticality safety, physical 
protection, and material control and accounting are more extensive for 
HEU than LEU or natural uranium, and the regulations and guidance for 
physical protection and material control and accounting are more 
extensive for HEU than LEU or natural uranium.

                              Table IX--Effort Factors for Fuel Facilities, FY 2019
----------------------------------------------------------------------------------------------------------------
                                                                                          Effort factors
                  Facility type (fee category)                       Number of   -------------------------------
                                                                    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              16              23
UF6 Conversion and Deconversion (2.A.(1)).......................               1              12               7
----------------------------------------------------------------------------------------------------------------

    In FY 2019, the total remaining required annual fee recovery amount 
of $24.5 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 $13.6 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, $10.4 million, to each fee category based on its 
percent of the total regulatory effort for safeguards activities. 
Finally, the fuel facilities fee class portion of the fee-relief 
adjustment/LLW surcharge--$0.5 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
                                                [Actual dollars]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2018 final   FY 2019 final    Percentage
                  Facility type (fee category)                      annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................      $7,346,000      $6,675,000            -9.1
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................       2,661,000       2,262,000           -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       2,909,000           -17.2
UF6 Conversion and Deconversion (2.A.(1)).......................       1,517,000       1,417,000            -6.6
----------------------------------------------------------------------------------------------------------------

d. Uranium Recovery Facilities
    The NRC will collect $0.2 million in annual fees from the uranium 
recovery facilities fee class, a decrease of 65.2 percent from FY 2018. 
The FY 2018 values are shown for comparison purposes.

[[Page 22338]]



                    Table XI--Annual Fee Summary Calculations for Uranium Recovery Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2018 final   FY 2019 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $13.5            $1.0           -92.6
Less estimated 10 CFR part 170 receipts.........................           -12.9            -0.8           -93.6
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................             0.6             0.2           -71.0
Allocated generic transportation................................             N/A             N/A             N/A
Fee-relief adjustment...........................................            -0.1             0.0           100.5
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................            $0.5            $0.2           -65.2
----------------------------------------------------------------------------------------------------------------

    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 annual fee assessed 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 at various DOE UMTRCA sites. 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
                                                [Actual dollars]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2018 final   FY 2019 final    Percentage
                        Summary of costs                            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        $115,888            43.2
     170 receipts...............................................
    10 percent of generic/other uranium recovery budgeted costs.          47,723           5,431           -88.6
    10 percent of uranium recovery fee-relief adjustment........          -6,724              33           100.5
        Total Annual Fee Amount for DOE (rounded)...............         122,000         121,000            -0.8
                                                                 -----------------------------------------------
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery budgeted costs          429,509          48,880           -88.6
     less the amounts specifically budgeted for UMTRCA Title I
     and Title II activities....................................
    90 percent of uranium recovery fee-relief adjustment........         -60,517             294           104.5
                                                                 -----------------------------------------------
        Total Annual Fee Amount for Other Uranium Recovery              $368,992         $49,173           -86.7
         Licenses...............................................
----------------------------------------------------------------------------------------------------------------

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

[[Page 22339]]



                            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
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)
                                                [Actual dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  FY 2018  final  FY 2019  final    Percentage
                  Facility type  (fee category)                     annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..................         $38,800             N/A           100.0
Basic In Situ Recovery facilities (2.A.(2)(b))..................          49,200          49,200             0.0
Expanded In Situ Recovery facilities (2.A.(2)(c))...............          55,700             N/A          -100.0
Section 11e.(2) disposal incidental to existing tailings sites            22,000             N/A          -100.0
 (2.A.(4))......................................................
Uranium water treatment (2.A.(5))...............................           6,500             N/A          -100.0
----------------------------------------------------------------------------------------------------------------

e. Research and Test Reactors (Non-Power Reactors)
    The NRC will collect $0.329 million in annual fees from the 
research and test reactor fee class. The FY 2018 values are shown for 
comparison purposes.

                    Table XV--Annual Fee Summary Calculations For Research and Test Reactors
                                                [Actual dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2018 final   FY 2019 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................      $2,008,986        $834,280           -58.5
Less estimated 10 CFR part 170 receipts.........................      -1,698,000        -538,000           -68.3
Net 10 CFR part 171 resources...................................         310,986         296,280            -4.7
Allocated generic transportation................................          27,249          30,971            14.7
Fee-relief adjustment...........................................         -10,176             284           103.1
Billing adjustments.............................................          -2,585           1,901           163.4
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................         325,317         329,436             1.4
                                                                 -----------------------------------------------
    Total research and test reactors............................               4               4             0.0
                                                                 -----------------------------------------------
    Total annual fee per reactor................................         $81,300         $82,400             1.4
----------------------------------------------------------------------------------------------------------------

    For this fee class, the budgeted resources decreased due to 
projected application delays within the medical isotope production 
facilities for SHINE Medical Technologies, Inc. and Northwest Medical 
Isotopes, LLC. The 10 CFR part 170 estimated billings also decreased 
due to projected operating license application delays within the 
medical isotope production facilities for SHINE Medical Technologies, 
Inc. and Northwest Medical Isotopes, LLC, and due to December 2018 
request from Aerotest Operations, Inc. to withdraw the license renewal 
application.
    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 $82,400 for each licensee.
f. Rare Earth
    The NRC has not allocated any budgeted resources to this fee class; 
therefore, the NRC is not issuing an annual fee for this fee class in 
FY 2019.
g. Materials Users
    The NRC will collect $36.4 million in annual fees from materials 
users licensed under 10 CFR parts 30, 40, and 70. The FY 2018 values 
are shown for comparison purposes.

[[Page 22340]]



                         Table XVI--Annual Fee Summary Calculations for Materials Users
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2018 final   FY 2019 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources for licensees not regulated by                    $32.1           $36.0            12.4
 Agreement States...............................................
Less estimated 10 CFR part 170 receipts.........................            -0.9            -1.1            11.7
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            31.1            35.0            12.4
Allocated generic transportation................................             1.3             1.2            -9.1
Fee-relief adjustment/LLW surcharge.............................             0.0             0.1           237.2
Billing adjustments.............................................             0.0             0.1           314.2
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................            32.4            36.4            12.1
----------------------------------------------------------------------------------------------------------------

    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 $36.4 million for FY 2019 shown 
in Table XVI consists of the following: $28.5 million for general 
costs, $7.5 million for inspection costs, $0.2 million for unique costs 
for medical licenses and $0.1 million for fee relief/LLW costs. To 
equitably and fairly allocate the $36.4 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 is increasing and decreasing annual fees for licensees in 
this fee class in FY 2019 due to the results of the biennial review of 
fees and the realignment of licensing resources that supports the 
materials users fee class, which in previous years, were allocated 
primarily to agreement state fee relief activities. In the past, these 
resources had been allocated to primarily to agreement state fee-relief 
activities; however, upon a holistic review of the materials program, 
it was determined that these resources support the materials users fee 
class and not agreement state fee-relief activities. The biennial 
review of fees 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 professional hourly rate for FY 2019.
    The constant multiplier is established to recover the total general 
costs (including allocated generic transportation costs) of $28.5 
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 1.32 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 $0.010 million fee-relief surcharge 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 $0.125 million LLW surcharge 
costs allocated to the fee class. The annual fee for each fee category 
is shown in the revision to Sec.  171.16(d).
h. Transportation
    The NRC will collect $1.0 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]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2018 final   FY 2019 final      change
----------------------------------------------------------------------------------------------------------------
Total Budgeted Resources........................................            $7.9            $8.0             2.1
Less Estimated 10 CFR part 170 Receipts.........................            -3.1            -3.7            18.4
                                                                 -----------------------------------------------
    Net 10 CFR part 171 Resources...............................             4.7             4.3            -9.0
Less Generic Transportation Resources...........................            -3.6            -3.3            -9.0
Fee-relief adjustment/LLW surcharge.............................             0.0             0.0             0.0

[[Page 22341]]

 
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................             1.1             1.0            -5.3
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2018, the total budgeted resources for FY 2019 
for generic transportation activities increased slightly for IT 
infrastructure activities. The increase in budgetary resources was 
offset by an increase in estimated 10 CFR part 170 billings primarily 
due to an increase in casework for Daher Nuclear Technologies and 
Holtec International.
    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 
Certificates of Compliance (CoCs) used by each fee class (and DOE) by 
the total generic transportation resources to be recovered.
    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 0.7 so the research and test reactors subject to annual fees are 
charged a fair and equitable portion of the total. For more 
information, see the work papers.

                         Table XVIII--Distribution of Transportation Resources, FY 2018
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                     Number of
                                                                       CoCs                          Allocated
                     Licensee fee class/DOE                         benefiting     Percentage of      generic
                                                                   fee Class  or    total CoCs    transportation
                                                                        DOE                          resources
----------------------------------------------------------------------------------------------------------------
Materials Users.................................................            25.0            27.9            $1.2
Operating Power Reactors........................................             5.0             5.6             0.2
Spent Fuel Storage/Reactor Decommissioning......................            14.0            15.6             0.7
Research and Test Reactors......................................             0.7             0.7             0.0
Fuel Facilities.................................................            24.0            26.8             1.2
                                                                 -----------------------------------------------
Sub-Total of Generic Transportation Resources...................            68.7            76.6             3.3
DOE.............................................................            21.0            23.4             1.0
                                                                 -----------------------------------------------
    Total.......................................................            89.7           100.0            $4.3
----------------------------------------------------------------------------------------------------------------

    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 is making two policy changes for FY 2019:

Changes to Small Materials Users Fee Categories for Locations of Use

    The NRC is adding 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 (80 
FR 37432; June 30, 2015)--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 (83 FR 29622; June 25, 
2018), the NRC added 14 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 is 
adding 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 results in this fee category having subcategories for 
1-5, 6-20, and more than 20 locations of use. Program codes have also 
been added to the new subcategories in this final rule.

Eliminate a Fee Category

    In response to comments received on the FY 2018 proposed fee rule, 
and PRM-170-7, the NRC is eliminating a fee category under Sec. Sec.  
170.31 and 171.16. The fee category is 2.A.(5)--Licenses that authorize 
the possession of source

[[Page 22342]]

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 is 
eliminating this fee category from Sec. Sec.  170.31 and 171.16 and 
reclassifying current and future licensees under this category to 
2.F.--All other source material licenses.

FY 2019--Administrative Changes

    The NRC is making one administrative change and a technical 
correction in this final rule:
Change Small Entity Fees
    As stated in SECY-08-0174, ``Fiscal Year 2009 Proposed Fee Rule and 
Advance Rulemaking for Grid-Appropriate Reactor Fees,'' dated November 
7, 2008 (ADAMS Accession No. ML083120518), the NRC determined that the 
maximum small entity fee should be adjusted each biennial year using a 
fixed percentage of 39 percent applied to the prior 2-year weighted 
average of materials users' fees for all fee categories which have 
small entity licensees. The 39 percent was based on the small entity 
annual fee for 2005, which was the first year the NRC was required to 
recover only 90 percent of its budget authority. This methodology 
remains in place; however, the NRC does also consider whether or not 
implementing an increase will have a disproportionate impact on the 
NRC's small licensees when compared to other licensees. Therefore, the 
increase for the upper and lower tier fees were capped at a 21 percent 
increase.
    In accordance with NRC policy, in FY 2019 the NRC conducted a 
biennial review 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 would 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 
increasing the upper tier small entity fee from $4,100 to $4,500 and 
increasing 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.
Technical Correction
    The NRC is making a technical correction to two cross-references in 
10 CFR part 171.15(a) and (f). Currently, 10 CFR 171.15(a) and (f) 
reference 10 CFR 171.11(a). Both 10 CFR part 171.15(a) and (f) should 
reference 10 CFR part 171.11(b) instead of Sec.  171.11(a).

Update to the Fees Transformation Initiative

    As an informational update, the Staff Requirements Memorandum, 
dated October 19, 2016, (ADAMS Accession No. ML16293A902) for SECY-16-
0097, ``Fee Setting Improvements and Fiscal Year 2017 Proposed Fee 
Rule,'' (ADAMS Accession No. ML16194A365) directed staff to explore, as 
a voluntary pilot, whether a flat fee structure could be established 
for routine licensing matters in the area of 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 NRC staff has developed a project plan 
and is on target to complete this activity. With respect to the fees 
setting process improvements, all seven 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. 
In FY 2019, two additional activities have been evaluated and completed 
for the project manager to provide details of contract costs listed on 
the invoice, on request, and one site per license.
    For the remaining process changes recommended for future 
consideration, the NRC is well-positioned to complete them on schedule. 
For more information, please see the fees transformation 
accomplishments schedule, located on our license fees website at: 
https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.

III. Petition for Rulemaking (PRM-170-7; NRC-2018-0172)

    The NRC welcomed general comments on the proposed rule; in 
addition, the NRC requested 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 requested 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.
    The petitioner requested 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 requested 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 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. The NRC received one comment on the petition 
from the petitioner regarding the NRC's consideration of the petition. 
The NRC will publish a subsequent notice in the Federal Register to 
resolve all of the issues raised by the petitioner. See the FY 2019 
Policy Change section of this document for additional information 
regarding the elimination of fee category 2.A.5.

IV. Public Comment Analysis

Overview of Public Comments

    The NRC received 14 written comment submissions on the proposed 
rule. A comment submission for the purpose of this rule is defined as a 
written communication or document submitted to the NRC by an individual 
or entity, with one or more distinct comments addressing a subject or 
an issue. A comment, on the other hand,

[[Page 22343]]

refers to a statement made in the submission addressing a subject or 
issue. In general, the commenters were supportive of the specific 
proposed regulatory changes, although most commenters expressed 
concerns about broader fee-policy issues related to transparency, 
fairness, and overall size of the budget.
    The commenters are listed in Table XIX.

       Table XIX--FY 2019 Proposed Fee Rule Commenter Submissions
------------------------------------------------------------------------
          Commenter                Affiliation      ADAMS  accession No.
------------------------------------------------------------------------
Anonymous...................  Unknown.............  ML19036A910
Douglas Weaver..............  Westinghouse          ML19056A578
                               Electric Company
                               (WEC).
Roger Wink..................  Ameren Missouri/      ML19056A577
                               Callaway Plant
                               (Ameren).
Doug True...................  Nuclear Energy        ML19059A252
                               Institute (NEI).
Bradley Fewell..............  Exelon Generation     ML19059A253
                               Company, LLC
                               (Exelon).
Paul Kerl...................  U.S. Department of    ML19063B521
                               Energy (DOE).
Justin Wheat................  Southern Nuclear      ML19063B584
                               Operating Company
                               (SNC).
David Ward..................  BWXT Nuclear          ML19063B584
                               Operations Group,
                               Inc. (BWXT).
Robin Ritzman...............  FirstEnergy Nuclear   ML19063B739
                               Operating Company
                               (FENOC).
Stephen Cowne...............  Louisiana Energy      ML19064B074
                               Services, LLC, dba
                               URENCO USA (URENCO).
Michael Dimitriou...........  Water Remediation     ML19064B346
                               Technology LLC
                               (WRT).
Anonymous...................  Unknown.............  ML19064B309
Matthew Ostdiek.............  Rendezvous            ML19070A318
                               Engineering, P.C.
                               (RE).
Richard J. Freudenberger....  Nuclear Fuel          ML19071A010
                               Services Inc. (NFS).
------------------------------------------------------------------------

    Information about obtaining the complete text of the comment 
submissions is available in Section XIV, ``Availability of Documents,'' 
of this document.

V. Public Comments and NRC Responses

    The NRC has carefully considered the public comments received on 
the proposed rule. The comments have been organized by topic. Comments 
from multiple commenters raising similar specific concerns were 
combined to capture the common essential issues raised by the 
commenters. Comments from a single commenter have been quoted to ensure 
accuracy; brackets within those comments are used show changes that 
have been made to the quoted comments. The NRC responses are preceded 
by a short summary of the issues raised by the commenters.

A. Public Participation in Budget Formulation

    Comment: The Congressional Budget Justification (CBJ) for FY 2019 
provides only high-level information, and its description of activities 
intended to justify the budget request provides little information upon 
which a determination of sufficiency can be formed. In addition, the 
NRC should transform its process to support budget formulation 
discussions with industry directly during the development of the NRC 
budget justification since public meetings and discussions thus far 
have been reactive in nature, and to more accurately determine a 
necessary reactor fee partition. (NEI, Exelon)
    Response: Two commenters expressed a desire for industry to be 
involved with the NRC directly during the development of the NRC's 
budget to better determine the sufficiency of the budget and to 
accurately determine the necessary reactor fee. The NRC disagrees with 
these comments. Because NRC is an independent safety regulator it would 
not be appropriate for stakeholders to be involved in the NRC's budget 
formulation. In addition, the U.S. Office of Management and Budget 
(OMB) establishes the Executive Branch budget process through OMB 
Circular No. A-11, ``Preparation, Submission, and Execution of the 
Budget.'' Section 22.1 of OMB Circular No. A-11 requires that pre-
decisional budget deliberations remain confidential until the release 
of the President's Budget Request to Congress (the CBJ). However, the 
NRC seeks information on projected workload through public meetings and 
other forms of public outreach with licensees to better inform budget 
formulation workload assumptions.
    No changes were made to the final rule as a result of these 
comments.

B. Budget Formulation

    Comment: The cost of a corporate support FTE has increased by 20 
percent over the past 2 years. This increase is significantly more than 
the rise in cost of other FTEs listed in the Work Papers. Provide an 
explanation for the increase in cost in the FY 2019 final fee rule or 
work papers. In addition, provide additional budget information to 
support the absence of more significant reductions in the corporate 
support budget and identify the actions being taken to reduce this 
business line, especially as the number of operating reactors is 
decreasing. (WEC, NEI)
    Response: Regarding the two commenters assertion that the cost of a 
corporate support FTE has increased, the NRC agrees that the cost has 
risen because of adjusting the budgeted rate to closely align with the 
actual cost. As in other Federal agencies, the NRC's workforce is 
aging, and the associated benefit costs have increased accordingly, 
primarily with healthcare and pension benefits.
    Regarding the assertion that the NRC should reduce its budget 
commensurate with the reduction in the number of operating reactors, 
the NRC agrees, but that reduction is not linearly proportional as 
there is a cost for the infrastructure that must be maintained 
independent of the number of operating facilities (e.g., operating 
reactors and fuel facilities). These infrastructure costs include 
indirect services and the business line portion of corporate support. 
Indirect services include rulemaking, maintaining guidance for 
licensees, maintaining procedures for NRC staff, training, and travel. 
Corporate support includes, for example, the cost for information 
management, information technology, security, facilities management, 
rent, utilities, financial management, acquisitions, human resources, 
and policy support.
    The NRC continues to examine and pursue improvements to its 
processes and increases in efficiency that will allow it to meet its 
statutory responsibilities as the industry changes. The NRC continues 
to develop methods that would allow for more rapid adaptation to future 
needs and the size of the licensed community. The FY 2019 resources for 
agency support

[[Page 22344]]

reflect reductions in the corporate support portion of the budget. 
Going forward, the Nuclear Energy and Innovation Modernization Act 
(NEIMA) requires NRC to cap corporate support at 30 percent beginning 
in FY 2021 in the annual CBJ and to decrease to 28 percent in FY 2025 
and beyond.
    No change was made to the final rule in response to this comment.
    Comment: ``Though Generic Homeland Security is excluded from the 
fee base, provide clarification on the basis for the Generic Homeland 
Security Product Line under the Operating Reactors and Fuel Facilities 
Business Lines and explain what activities are included.'' (NEI)
    Response: One commenter requested information regarding generic 
homeland security activities. Generic homeland security includes 
activities that the NRC must conduct that do not apply to a specific 
facility. Within the operating reactors business line, these activities 
include intergovernmental coordination and integrated event response 
planning activities. Regarding fuel facilities, some licensed fuel 
facilities possess special nuclear material such as plutonium and 
enriched uranium. Those licensees verify and document their inventories 
and material transfers in the Nuclear Material Management and 
Safeguards System (NMMSS) database. Within the fuel facilities business 
line, these generic homeland security activities include interactions 
with the Nuclear Materials Information Program and the interagency 
agreement with DOE for the certification and accreditation of 
classified computer systems at enrichment facilities.
    No changes were made to the final rule as a result of this comment.

C. Work Papers

    Comment: Both the proposed rule and the work papers state that the 
operating power reactor annual fee increases. However, neither document 
provides any explanation for the reason the fee class is increasing. 
Instead, one must consult the FY 2019 CBJ to understand the purpose of 
the work (and even then, it remains at a fairly high level). The 
proposed rule and work papers show line items that appear to be clearly 
limited to a given entity, e.g., ``Design Certification'' in the New 
Reactors Business Line, while others, e.g., ``RIC'' or ``Systems 
Analysis Research'' in the Operating Reactors business line, are not 
clearly limited.
    The commenter is requesting additional detail in the work papers to 
better understand which resources are to be recovered from 10 CFR part 
170 user fees versus 10 CFR part 171 annual fees.
    The commenters recommend that these additional details be added in 
the fee rule work papers and delineate the resources that are to be 
recovered from 10 CFR part 170 user fees versus 10 CFR part 171 annual 
fees by NRC to be specific or shared, enabling the applicable industry 
segment to engage the NRC. (Ameren, NEI, FENOC, SNC, Exelon)
    Response: The commenter is requesting additional detail in the work 
papers to better understand which resources are to be recovered from 10 
CFR part 170 user fees versus 10 CFR part 171 annual fees. The 
commenter is also requesting additional information on the large 
increase in information technology, including what types of items or 
activities are included in these line items, and whether the costs are 
proposed to be recovered via 10 CFR part 170 or 10 CFR part 171 fees. 
The NRC disagrees with the comment that the work papers need additional 
detail. Consistent with the requirements of OBRA-90, license fees are 
calculated based on the budget authority enacted for the current FY by 
business lines, product lines, and products. The NRC provides those 
business lines, product lines, and products in its work papers. 
Detailed information below the product level (e.g., cost centers) is 
determined when the budget is executed. The work papers do not 
distinguish by specific budget line items which fees are recovered 
through user and annual fees because it is impractical for the NRC to 
determine in advance what precise percent of a given business line will 
be recovered through 10 CFR part 170 user fees versus 10 CFR part 171 
annual fees.
    Further, with respect to 10 CFR part 170 user fees, licensing and 
inspection actions are subject to change, depending on the novelty and 
complexity of the license application under review or the facility 
being inspected. Similarly, with respect to 10 CFR part 171 annual 
fees, the nature of the generic research, safety, environmental, or 
safeguards activities, may also vary considerably, given changes in 
Commission priorities, external events, interactions with Agreement 
States, other Federal agencies, state, local and tribal governments, 
the regulated industry, and members of the public. Including this 
information in the work papers for the fee rule, therefore, is likely 
to cause confusion.
    In addition, the NRC notes that the CBJ includes a statement in 
each business line chapter to indicate which product lines impact fees 
for services versus annual fees. For all the business lines, except the 
nuclear materials users business line, generally resources budgeted in 
the Licensing and Oversight Product Lines impact fees for service, and 
all other resources impact annual fees. For the nuclear materials users 
business line, almost all budgeted resources impact annual fees. In 
addition, the NRC is proactively planning for the future implementation 
of NEIMA in FY 2021 and considering adding additional details within 
the CBJ, fee rule and subsequent work papers to further enhance 
transparency regarding which activities are recovered through 10 CFR 
part 170 user fees versus 10 CFR part 171 annual fees.
    With regards to IT infrastructure activities, the NRC reclassified 
these resources as mission direct in the fee rule in order to align the 
fee rule calculations with the budget structure. These resources are 
now properly represented in the annual fee rule as mission-direct 
program costs rather than mission-indirect costs. Although this change 
appears as an increase, it was not an increase, but rather a shifting 
of the resources from mission-indirect resources to mission direct 
costs in the fee rule calculation.
    No changes were made to the final rule as a result of these 
comments.
    Comment: The work papers supporting the proposed rule lack a level 
of descriptive detail necessary to determine what actions, efforts and 
products are planned, and information on the specific indirect services 
that are covered under 10 CFR part 171 fees to allow stakeholders to 
see if the increase is a reflection of required generic services or 
something else. The NRC should supplement the work papers supporting 
future fee rules with additional detail on budgeted work activities, 
including a level of planned effort for each activity and how this plan 
compares with the prior year. In addition, information on other items 
that are proposed to experience large increases in funding (e.g., Other 
Response Activities, Licensing Actions, and Licensing Support). Such 
detail would enable licensees to better evaluate and understand 
significant budget changes. (NEI, SNC, FENOC, Exelon)
    Response: Consistent with prior years, license fees are based on 
the NRC's budget formulation structure hierarchy of business lines, 
product lines, and products. The commenter is correct that the work 
papers do not distinguish these activities based on whether these line 
items will be recovered through user or annual fees. However, 
distinguishing these activities would prove unduly burdensome for the 
NRC

[[Page 22345]]

to perform this type of analysis for every business line, product line, 
and product in its budget. The CBJ provides the agency explanation and 
justification for the resources being requested for the budget year, 
and the reason for changes in the agency budget request as compared to 
the prior year, at the business line and product line levels.
    No changes were made to the final rule as a result of these 
comments.
    Comment: ``Include a detailed summary of how actual expenditures 
have compared to budget for prior fiscal years. While the Work Papers 
includes information for fees collected in prior years, a breakdown of 
these fees by Business Line and Product Line would enable the NRC and 
stakeholders to identify areas for improvement and opportunities for 
efficiency.'' (Exelon Generation)
    Response: Consistent with prior years, license fees are based on 
the NRC's budget formulation structure hierarchy of business lines, 
product lines, and products, not actual budget expenditures. Beginning 
in FY 2018, the CBJ includes the prior year actual amounts at the 
business line and product line levels.
    No changes were made to the final rule as a result of these 
comments.
    Comment: The U.S. Department of Energy (DOE) has reviewed the 
proposed 10 CFR parts 170 and 171 fee schedule for FY 2019. The DOE 
finds that the basis for the total annual fee amount and the level of 
effort to support the general licenses for Uranium Mill Tailings 
Radiation Control Act (UMTRCA) sites is not presented in the proposed 
rule or associated work papers. Additionally, the bases for allocation 
percentages for DOE and other uranium recovery licensees and the 
generic/other uranium recovery costs in the proposed rule and work 
papers are not presented. The DOE requests that the US NRC clarify the 
rationale for the various fee components that are used to determine the 
total charge. This will help DOE evaluate whether the proposed NRC 
scope is consistent with anticipated DOE activities and establish the 
basis for DOE's estimate of annual uranium licensee fees in its budget 
request. (DOE)
    Response: The NRC described the overall methodology for determining 
fees for uranium recovery facilities, including DOE, in the 2002 fee 
rule (67 FR 42625; June 24, 2002), and the NRC continues to use this 
methodology. As the NRC explained in the proposed fee rule, the NRC 
recovers fees from DOE through both user fees charged under 10 CFR part 
170 for specific UMTRCA oversight activities and annual fees charged 
under 10 CFR part 171 for generic and other costs related to UMTRCA and 
other uranium recovery activities. As shown in the work papers 
referenced in the proposed fee rule, the NRC calculated the total 
amount of budgeted resources for UMTRCA activities related to DOE sites 
in the FY 2019 CBJ by computing the cost of staff hours budgeted to 
conduct the work (in terms of full-time equivalent, or FTE) and the 
budgeted contract costs. The total amount of budgeted resources was 
reduced by the amount expected to be recovered by 10 CFR part 170 user 
fees for site-specific UMTRCA activities. The NRC estimated the amount 
of 10 CFR part 170 user fees by analyzing billing data and the actual 
contractual work charged to DOE for the previous four quarters. The 
estimate, therefore, reflects any recent reductions in NRC oversight 
activities. The remainder of the UMTRCA budgeted amount related to DOE 
sites is charged to DOE for generic activities. In addition to those 
generic costs, DOE was charged for 10 percent of the overall generic 
costs attributable to the uranium recovery program. In other words, the 
DOE fee includes the costs of generic activities related to DOE sites 
and 10 percent of the overall generic costs attributable to the uranium 
recovery program. The remaining 90 percent of the overall generic costs 
is charged to the other members of the uranium recovery fee class. The 
work papers also provided information on all the values of the effort/
benefit factors used in the uranium recovery matrix for FY 2019.
    No changes were made to this final rule because of this comment.

D. Operating Reactors Budget and Declining 10 CFR Part 170 Fee 
Collections

    Comment: Several commenters expressed their concern regarding the 
NRC's Operating Reactors budget and that it is too large in today's 
economic environment with the closure of Oyster Creek in 2018 and 
additional plant closures expected between now and 2025, yet annual 
fees are increasing for the remaining operating reactors fleet. With 
the loss of these licensees and the expected continued decrease in 10 
CFR part 170 service fees, the NRC should take action to reduce the 
operating plant budget and stop the trend of increasing annual fees for 
the remaining operating plants. Given that the cap on annual fees for 
operating reactors under NEIMA goes into effect in FY 2021, the NRC 
should begin establishing a means to more quickly adjust the budget to 
reflect anticipated reductions in reactor licensees and the associated 
workload. (Ameren, WEC, NEI, SNC, FENOC, Exelon)
    Response: Regarding the comment that the NRC should reduce its 
budget commensurate with the reduction in the number of decommissioning 
plants, the NRC recognizes that the number of reactors that are 
planning to close will have a material impact on the budget. The NRC 
accounts for the decreasing number of nuclear power reactor licensees 
during the budget formulation process. For instance, the NRC tracks 
licensee plans to cease operations and adjusts its budget requests to 
reflect the anticipated workload while ensuring that the agency will 
continue to meet its statutory requirements. With the implementation of 
NEIMA in FY 2021, which will include a cap on annual fees for operating 
reactors, the NRC continues to proactively evaluate resource 
requirements and adjustments that can be made to refine the operating 
reactors budget.
    The amount of user fees collected under 10 CFR part 170 depends on 
a number of different factors including the professional hourly rate, 
licensee and applicant decisions to pursue licensing actions, and the 
number of hours necessary to resolve any licensing actions. Due to 
OBRA-90 requirements, examining changes in the 10 CFR part 170 fees and 
the 10 CFR part 171 fees separately may not account for the overall 
decreases in the fee class budget or the realized efficiencies. Over 
the last several years, the fee class budget for the operating power 
reactors fee class has decreased from $762.1 million in FY 2015 to 
$670.2 million in the FY 2019 final rule. In addition, the 
``Congressional Budget Justification: Fiscal Year 2020'' (NUREG-1100, 
Volume 35) shows a continual decline in the operating reactors business 
line.
    In comparison to FY 2018, estimated billings under 10 CFR part 170 
declined due to a reduction in both licensing actions and inspections 
due to the shutdown of Oyster Creek, the planned shutdown of Pilgrim 
and Three Mile Island operating power reactors during FY 2019, and the 
completion of the APR1400 design certification for Korea Hydro and 
Nuclear Power Co., LTD. The NRC continues to proactively review its 
budget to pursue additional efficiency improvements to ensure that its 
budgetary request accurately reflects the anticipated workload in light 
of anticipated operating power plant closures.
    The NRC continues to examine and pursue improvements to its 
processes and increases in efficiency that will allow it to meet its 
statutory

[[Page 22346]]

responsibilities as the industry changes. The NRC continues to develop 
methods that would allow for more rapid adaptation to future needs and 
the size of the licensed community.
    No changes were made to the final rule as a result of these 
comments.

E. Fuel Facilities Budget

    Comment: Several commenters welcomed the reductions in the fuel 
facilities fee class budgetary resources and annual fees in FY 2019 but 
felt that the fee class's budgeted resources are still too large given 
the activities performed and number of licensees and that further 
reductions are needed beyond FY 2019. Two commenters expressed concern 
that the level of resources assigned to the fuel facilities fee class 
was too large in light of the risk profile for the fuel facilities 
being significantly lower compared to power reactors. (WEC, NEI, BWXT, 
NFS, URENCO)
    Response: The fuel facilities business line is responsible for 
ensuring the safety and security of fuel cycle and greater than 
critical mass facilities. The business line leads the licensing and 
oversight of these facilities, as well as domestic material control and 
accounting and international safeguards implementation activities for 
the NRC. The business line also supports rulemaking and environmental 
review activities for fuel facilities.
    The NRC has taken steps to right-size the fuel facilities budget to 
ensure that it reflects the reduced workload in the business line. A 
peak workload was experienced in FY 2012. The FY 2019 fuel facilities 
fee class budget of $24.8 million is approximately 54 percent less than 
the FY 2012 fuel facilities fee class budget of $54.4 million. Further, 
the 66 FTE in the FY 2019 fuel facilities fee class budget is 
approximately 64 percent less than the 184 FTE in the FY 2012 fuel 
facilities fee class budget. The FY 2019 fuel facilities fee class 
budget decreases due to aligning resources with a smaller projected 
workload, primarily due to the anticipated completion of work 
associated with the cyber security rulemaking and additional 
efficiencies to align resources with the smaller workload projected in 
FY 2019.
    In a public meeting conducted on February 13, 2019, on the FY 2019 
proposed feel rule, the NRC provided an overview of the fuel facilities 
business line budget, major activities, the budget planning process 
(e.g., workload forecasting, types of work, and inspection activities), 
and a discussion of the fuel facilities fee class 10 CFR part 170 user 
fees and 10 CFR part 171 annual fees. Slides from this public meeting 
are available in ADAMS under Accession No. ML19044A386.
    Regarding the assertion that the NRC should reduce its budget 
commensurate with the reduction in the number of fuel facilities that 
pay fees, the NRC agrees, but that reduction is not linearly 
proportional as there is a cost for the infrastructure that must be 
maintained independent of the number of operational fuel facilities. 
These infrastructure costs include indirect services and the business 
line portion of corporate support. Indirect services include 
rulemaking, maintaining guidance for licensees, maintaining procedures 
for NRC staff, training, and travel. Corporate support includes, for 
example, the cost for information management, information technology, 
security, facilities management, rent, utilities, financial management, 
acquisitions, human resources, and policy support.
    In this final rule, the fees assessed to the licensees and 
applicants by the NRC must conform to OBRA-90, which requires the NRC 
to collect approximately 90 percent of its annual budget authority 
(less certain excluded items) through both user fees and annual fees. 
The NRC can assess these annual fees only to licensees or certificate 
holders, and the annual fee schedule must be fair and equitably 
allocate annual fees among the NRC's many licensees. To ensure 
compliance with OBRA-90, the NRC makes continual organizational 
improvements to align the resources needed to support its regulatory 
activities. These actions help mitigate impacts on the remaining 
licensees from licensees that leave a fee class by helping the NRC 
continue to develop budgets that account for regulating a fee class 
with a declining number of licensees.
    The NRC continues to actively evaluate resource requirements, both 
in terms of overall budget numbers and FTEs, to address changes that 
occur between budget formulation and execution. The NRC will continue 
to assess resource requirements and evaluate programmatic efficiencies 
that could result in additional resource reductions.
    Beyond FY 2019, the NRC will continue to look for efficiencies 
within the fuel facilities program. Going forward, the fuel facilities 
business line is focusing efforts to align the agency's program of work 
in the fuel facilities area to workload projections and continuing to 
risk-inform the regulatory framework for these activities. In the 
coming months, the NRC will be sharing opportunities for the public and 
industry to engage with us in our efforts in this area with a goal of 
identifying and realizing additional efficiencies in the licensing and 
oversight of fuel facilities while maintaining adequate protection 
consistent with our principles of good regulation.
    No changes were made to this final rule as a result of these 
comments.

F. Fuel Facilities Decline in 10 CFR Part 170 Fee Collections

    Comment: Several commenters expressed concern regarding the 
declining fraction of fees recovered under 10 CFR part 170 (Service 
Fees) relative to 10 CFR part 171 (Annual Fees), as well as the NRC's 
overall budget for the fuel facilities fee class. The commenters noted 
that these fees were being borne by a decreasing number of facilities 
with a decreasing number of licensing actions. They also asked for more 
information on what specific activities contribute to the non-direct 
portion of the budget that is recovered in the annual fees charged to 
licensees. (WEC, NEI)
    Response: The NRC is aware of the current economic state of the 
fuel cycle industry and remains mindful of the impact of its budget on 
the fees for licensees. The fuel facilities fee class supports the 
activities of the fuel facilities business line, including both direct-
billable licensing actions and those general activities that indirectly 
support the agency's mission in these areas. The overall budget for the 
fuel facilities business line has decreased significantly in recent 
years. For example, the number of budgeted staff positions in the fuel 
facilities fee class has decreased from 184 FTE in FY 2012 to 66 FTE in 
FY 2019, or 64 percent. The NRC continues to adjust its budget in line 
with anticipated work load for the business line.
    Since FY 2012, services billed directly to individual fuel facility 
licensees under 10 CFR part 170 have decreased. The reasons for this 
include: Fewer applications for new licenses, license renewals, and 
license amendments; fewer inspections; and less construction inspection 
activity. The decrease in 10 CFR part 170 collections in recent years 
has meant that the amount to be recovered by annual fees has not 
decreased commensurate with the overall decrease in the budget for the 
fuel facilities business line. Further, the decline in the number of 
operating fuel facilities (from ten in FY 2012 to seven in FY 2019) has 
led to an increase in the annual fee burden for the remaining fuel 
facilities, even though the total budgeted resources for this fee class 
have dropped during that time period.

[[Page 22347]]

    The fuel facilities business line must maintain certain minimum 
requirements in order to meet the NRC's regulatory and statutory 
oversight role. This includes maintaining expertise in a number of 
technical areas, including: Integrated safety analysis, radiation 
protection, criticality safety, chemical safety, fire safety, emergency 
management, environmental protection, decommissioning, management 
measures, material control and accounting, physical protection, and 
information security. Budgeted resources in technical areas are 
recovered through annual fees as well as user fees.
    In a public meeting on February 13, 2019, the NRC discussed how the 
annual fees support other activities that are necessary for the fuel 
facilities fee class as a whole. The presentations from the meeting 
address these areas and are available in ADAMS under Accession No. 
ML19044A386.
    No changes were made to this final rule as a result of these 
comments.

G. Fuel Facilities Matrix

    Comment: Several commenters provided views regarding the effort 
factors matrix, including a request for feedback on the NRC's decision 
not to make changes to the fuel facilities fee matrix in FY 2019, and 
specific information regarding the effort factor for Uranium Enrichment 
and requested a justification for why the safety factor for Solid UF6/
Metal for Safety is higher than Category 3 Fuel Fabricators and is more 
appropriately reflected at lower effort factor. (WEC, NEI, URENCO)
    Response: In response to industry concerns about the fairness and 
equity of annual fees charged to fuel facilities, the NRC analyzed its 
past practice of using an effort factors matrix to calculate annual 
fees for the fuel facilities fee class to determine if revisions to the 
current method may be warranted. In FY 2018, the NRC held three public 
meetings to discuss possible alternative approaches to the method of 
calculating annual fees for the fuel facilities fee class including 
changes to the effort factors matrix. As part of that process, the NRC 
received numerous comments on the current and alternative methods for 
determining annual fees. The comments were grouped into 5 options which 
included an option for no change. The comments were mixed as to whether 
the NRC should change the methodology for calculating annual fees. Some 
stakeholders indicated that the NRC should change the methodology, 
while others stated that the NRC should leave the methodology unchanged 
until budget reduction efforts are complete.
    During those meetings, the NRC indicated that it did not intend to 
make any changes to the method of calculating annual fees in the FY 
2018 fee rule since it was in the process of engaging stakeholders, and 
any recommendations related to the effort factors matrix would be 
addressed as part of recommendations for the FY 2019 proposed fee rule. 
During the development of the FY 2019 fee rule, the NRC considered the 
5 options for changing the method of allocating annual fees to 
individual fuel facility licensees and decided that the best option was 
no change, which retained the current methodology based on the effort 
factors matrix that was developed in the FY 1999 final fee rule (64 FR 
31447; June 10, 1999).
    Regarding the comment that the safety factor in the effort factors 
matrix for Solid Uranium Hexafluoride (UF6)/Metal processes at Uranium 
Enrichment facilities is too high, the NRC notes that the same comment 
was submitted for the 2018 fee rule and during the 2018 public 
meetings. The effort factors in the matrix represent non-billable, 
regulatory effort (e.g., rulemaking, guidance, etc.). Billable 
regulatory effort, such as the number of inspections, is not applicable 
to the effort factor. However, the NRC acknowledges that enrichment 
facilities receive natural UF6 as feed and ship low enriched UF6 as 
product. The non-billable effort is more aligned to the moderate effort 
for facilities fabricating low enriched fuel than the high effort for 
facilities fabricating high enriched fuel. This is because the 
regulations and guidance for criticality safety, physical protection, 
and material control and accounting are more extensive for HEU than 
low-enrich uranium LEU or natural uranium. A moderate effort is 
assigned an effort factor of 5. Therefore, the safety factor in the 
effort factors matrix for UF6/Metal processes at Uranium Enrichment 
facilities has been reduced from 10 to 5 for this process at enrichment 
facilities.

H. Research and Test Reactors

    Comment: ``The anticipated decrease in part 170 billings will be 
offset by an increase in activity for Aerotest's startup inspection and 
license renewal application. A December 6, 2018, letter from Aerotest 
Operations, Inc. appears to contradict this statement because the 
licensee has requested withdrawal of the renewal application and a 
subsequent termination of related regulatory and licensing 
activities.'' (NEI)
    Response: The commenter is correct regarding the letter from 
Aerotest requesting withdrawal of the license renewal application and 
termination of related regulatory and licensing activities. The NRC 
notes that this will not result in the NRC discontinuing all work 
related to the licensing and oversight of Aerotest during FY 2019 
(i.e., Aerotest will continue to pay hourly fees for NRC services). As 
stated in the January 25, 2019, letter from the NRC to Aerotest (ADAMS 
Accession No. ML19015A332), ``the NRC staff will not consider 
Aerotest's license renewal application to be withdrawn until Aerotest 
provides the NRC with written certification of the permanent cessation 
of [Aerotest] operations.'' Although the NRC suspended its review of 
the license renewal application and startup inspection activities, this 
work may resume if requested by Aerotest or be replaced by new work 
related to permanent cessation of operations and license termination. 
This leaves uncertainty about the NRC services that will be requested 
by Aerotest in FY 2019 and the associated hourly fees. The difference 
between fees for license renewal and startup inspection assumed in the 
fee calculations for the proposed rule and the fees for licensing 
actions related to permanent cessation of operations and license 
termination is expected to be small (on the order of several thousands 
of dollars in FY 2019). This difference should not have a significant 
impact on the FY 2019 annual fee given the methods used by the NRC for 
determining the annual fees under 10 CFR part 171, as described below.
    In order to develop the estimated 10 CFR part 170 by fee class the 
NRC utilizes actual billing data from four quarters including the 
hourly rate charges and contract work, which is then adjusted for 
workload projections and the changes in the hourly rate. In order to 
expedite the fee rule publication, the billing data used to estimate 
the 10 CFR part 170 estimated billings was changed in the FY 2017 fee 
rule and has carried forward in subsequent fee rules. The FY 2019 
proposed rule utilizes four quarters of the prior year invoice data, 
while the NRC will utilize a combination of two quarters of the prior 
year and two quarters of the current year billing data, which is also 
updated to reflect workload changes, for the FY 2019 final rule. By 
giving up some precision in the 10 CFR part 170 estimates, the NRC is 
able to achieve the acceleration of publishing the fee rule.
    No changes were made to the final rule as a result of these 
comments.

[[Page 22348]]

I. Low-Level Waste Surcharge

    Comment: ``[W]e believe the staff should provide additional 
information on the data used to validate the ``Low-Level Waste 
Surcharge'' (LLW) increase shown in table IV of the proposed rule (page 
582 of the Federal Register notice). Since NRC fees are based in part 
on the LLW surcharge, NRC should continue to work with the Department 
of Energy to ensure the accuracy, completeness and timeliness of data 
entered into DOE's Manifest Information Management System (MIMS).'' 
(NEI)
    Response: The DOE was required by law (42 U.S.C. 2021g(a)) to 
establish a computerized database to monitor low-level radioactive 
wastes. The DOE created and is responsible for the MIMS database that 
was created to monitor the management of commercial LLW in the United 
States. The LLW surcharge percentages included in Table IV in the 
proposed FY 2019 fee rule for operating power reactors, fuel 
facilities, and materials users reflect the 5-year average of the data 
available in MIMS for the relevant licensees.
    At the time the proposed FY 2019 fee rule was issued, the most 
recent data available from the MIMS database was from March 2018. The 
FY 2019 final fee rule includes updated LLW surcharge percentages which 
account for the 2019 MIMS data that was recently populated by DOE. The 
2019 data includes a significant increase to the volume reported under 
the ``Utility'' Class, which is used to determine the percentage for 
operating power reactors. The increase to the volume reported under the 
Utility Class in 2019 shifted the percentages for fuel facilities and 
operating power reactors as seen in Table IV, ``Allocation of Fee-
Relief and LLW Surcharge FY 2019.'' As a result, compared to the 
proposed FY 2019 fee rule, the percentage of the LLW surcharge for 
operating power reactors increased from 41.0 percent to 75 percent, 
fuel facilities decreased from 46 percent to 20 percent, and material 
users decreased from 13 percent to 5 percent. Please refer to Table IV 
and the accompanying discussion for additional details.
    No changes were made to this final rule as a result of these 
comments.

J. Small Business Standards

    Comment: ``Regarding small entity size standards, the NRC should 
consider establishing lower licensing fees by creating one or more 
additional ranges between the $520,000 and $7,500,000 gross annual 
receipts range. A fee rate schedule with more steps for small 
businesses would help reduce the license fee burden on the smaller 
entities and address small business concerns.'' (RE)
    Response: To reduce the significance of the annual fees on a 
substantial number of small entities, the NRC established the maximum 
small entity fee in FY 1991. In FY 1992, the NRC introduced a second 
lower tier to the small entity fee. Because the NRC's methodology for 
small entity size standards has been approved by the Small Business 
Administration, the NRC did not modify its current methodology for this 
rulemaking. As one of the ongoing Fees Transformation initiatives, the 
NRC is currently determining if a change to the small entity size 
standards is needed.
    No change was made to the final rule in response to this comment.

K. Comments Generally Supporting Actions of the Agency

    Several commenters expressed comments generally in favor of actions 
that the agency is taking with respect to fees, billing, and other 
aspects of the fee rule process. Comments generally in favor of the 
agency's actions included comments supporting the public meetings on 
the proposed fee rule, improved efficiency and clarity of the fee and 
invoicing process, support for e-Billing, the removal of the 6-percent 
overhead charge for the 10 CFR part 170 bills, the decrease within the 
fuel facilities budget to right-size the budget to reflect a reduced 
workload, and other improvements made as part of the Fees 
Transformation Initiative. No new or different information was 
developed as a result of these comments, and thus, no changes to the 
rule were made because of these comments.

L. Comments on Matters Not Related to This Rulemaking

    Several commenters raised issues outside the scope of the FY 2019 
fee rule. Commenters raised concerns with the agency's budgeting 
process and requesting public meetings on the agency's budget 
formulation process. A few commenters regarding expediting efficiency 
efforts and engaging industry regarding additional efficiencies and 
risk-informing the current regulatory program. Additional comments 
included a comment on safety standards and renewal energy, and Medicare 
codes.
    These matters are outside the scope of this final rule. The primary 
purpose of the NRC's annual fee recovery final rule is to update the 
NRC's fee schedules to recover approximately 90 percent of the NRC's 
budgeted authority for the current fiscal year, and to make other 
necessary corrections or appropriate changes to specific aspects of the 
NRC's fee regulations in order to ensure compliance with OBRA-90.
    The NRC takes the importance of examining and improving the 
efficiency of its operations and the prioritization of its regulatory 
activities very seriously. Recognizing the importance of continuous 
reexamination and improvement of the way the agency does business, the 
NRC has undertaken, and continues to undertake, a number of significant 
initiatives aimed at improving the efficiency of NRC operations and 
enhancing the agency's approach to regulating. Though comments raising 
these issues are not within the scope of this final rule, the NRC will 
consider this input in its future program operations.

VI. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, as 
amended,\6\ the NRC has prepared a regulatory flexibility analysis for 
this final 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).
---------------------------------------------------------------------------

VII. 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 final rule, 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 
final rule.

VIII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule, 10 CFR 50.109 (and 
similar provisions in the NRC's regulations for other licensee fee 
classes), does not apply to this final 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

[[Page 22349]]

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.

IX. 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).

X. National Environmental Policy Act

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

XI. Paperwork Reduction Act

    This final 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.

XII. Congressional Review Act

    This final rule is a rule as defined in the Congressional Review 
Act of 1996 (5 U.S.C. 801-808). The Office of Management and Budget has 
found it to be a major rule as defined in the Congressional Review Act.

XIII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, Pub. 
L. 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 final rule, the NRC amends the 
licensing, inspection, and annual fees charged to its licensees and 
applicants, as necessary, to recover approximately 90 percent of its 
budget authority in FY 2018, as required by OBRA-90. This action does 
not constitute the establishment of a standard that contains generally 
applicable requirements.

XIV. 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 document is available as 
indicated in Section XV, Availability of Documents, of this document.

XV. 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
------------------------------------------------------------------------
SECY-05-0164, ``Annual Fee Calculation   ML052580332.
 Method,'' dated September 15, 2005.
SECY-08-0174, ``Fiscal Year 2009         ML083120518.
 Proposed Fee Rule and Advance
 Rulemaking for Grid-Appropriate
 Reactor Fees,'' dated November 7, 2008.
SECY-16-0097, ``Fee Setting              ML16194A365.
 Improvements and Fiscal Year 2017
 Proposed Fee Rule,'' dated August 22,
 2016.
SECY-17-0026, ``Policy Considerations    ML17130A783.
 and Recommendations for Remediation of
 Non-Military, Unlicensed Historic
 Radium Sites in Non-Agreement
 States,'' dated February 22, 2017.
Staff Requirements Memorandum for SECY-  ML17250A841.
 17-0026, dated September 7, 2017.
FY 2019 Final Rule Work Papers.........  ML19106A409.
FY 2019 Regulatory Flexibility Analysis  ML19085A492.
FY 2019 U.S. Nuclear Regulatory          ML18338A006.
 Commission Small Entity Compliance
 Guide.
NUREG-1100, Volume 34, ``Congressional   ML18023B460.
 Budget Justification: Fiscal Year
 2019'' (February 2018).
NUREG-1100, Volume 35, ``Congressional   ML19065A279.
 Budget Justification: Fiscal Year
 2020'' (February 2019).
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.
OMB's Circular A-25, ``User Charges''..  https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/a025/a025.html.
FY 2019 Proposed Fee Rule..............  ML18319A157.
FY 2019 Proposed Rule Work Papers......  ML18361A780.
Fees Transformation Accomplishments....  https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformaton-accomplishments.html.
------------------------------------------------------------------------

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

[[Page 22350]]

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 adopting 
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 2
------------------------------------------------------------------------
 
                              * * * * * * *
K. Import and export licenses: \6\
    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               N/A
             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               N/A
             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               N/A
             license exemption request..................
        4. Application for export of facility components
         and equipment not requiring Commission or
         Executive Branch review, or obtaining foreign
         government assurances.
            Application--new license, or amendment; or               N/A
             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\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under Sec.   2.202 of
  this chapter or for amendments resulting specifically from the
  requirements of these orders. For orders unrelated to civil penalties
  or other civil sanctions, fees will be charged for any resulting
  licensee-specific activities not otherwise exempted from fees under
  this chapter. Fees will be charged for approvals issued under a
  specific exemption provision of the Commission's regulations under
  Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10
  CFR 73.5) and any other sections in effect now or in the future,
  regardless of whether the approval is in the form of a license
  amendment, letter of approval, safety evaluation report, or other
  form.
\2\ Full cost fees will be determined based on the professional staff
  time and appropriate contractual support services expended. For
  applications currently on file and for which fees are determined based
  on the full cost expended for the review, the professional staff hours
  expended for the review of the application up to the effective date of
  the final rule will be determined at the professional rates in effect
  when the service was provided.
 * * * * * * *
\6\ 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\

[[Page 22351]]

 
        (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 of     Full Cost.
     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      $1,300.
     special nuclear material of less than a
     critical mass as defined in Sec.   70.4
     in sealed sources contained in devices
     used in industrial measuring systems,
     including x-ray fluorescence
     analyzers.\4\ Application [Program
     Code(s): 22140].
    D. All other special nuclear material
     licenses, except licenses authorizing
     special nuclear material in sealed or
     unsealed form in combination that would
     constitute a critical mass, as defined
     in Sec.   70.4 of this chapter, for
     which the licensee shall pay the same
     fees as those under Category 1.A.\4\
        Application [Program Code(s): 22110,   $2,600.
         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 of      Full Cost.
     special nuclear material greater than
     critical mass as defined in Sec.   70.4
     of this chapter, for development and
     testing of commercial products, and
     other non-fuel-cycle activities.4 6
     [Program Code(s): 22155].
2. Source material: \11\
    A. (1) Licenses for possession and use of  Full Cost.
     source material for refining uranium
     mill concentrates to uranium
     hexafluoride or for deconverting uranium
     hexafluoride in the production of
     uranium oxides for disposal.\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 facilities  Full Cost.
         \6\ [Program Code(s): 11500].
        (c) Expanded In Situ Recovery          Full Cost.
         facilities \6\ [Program Code(s):
         11510].
        (d) In Situ Recovery Resin facilities  Full Cost.
         \6\ [Program Code(s): 11550].
        (e) Resin Toll Milling facilities \6\  Full Cost.
         [Program Code(s): 11555].
        (f) Other facilities \6\ [Program      Full Cost
         Code(s): 11700].
    (3) Licenses that authorize the receipt    Full Cost.
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal, except those licenses
     subject to the fees in Category 2.A.(2)
     or Category 2.A.(4) \6\ [Program
     Code(s): 11600, 12000].
    (4) Licenses that authorize the receipt    Full Cost.
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal incidental to the disposal
     of the uranium waste tailings generated
     by the licensee's milling operations,
     except those licenses subject to the
     fees in Category 2.A.(2) \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].  $1,200.
    C. Licenses to distribute items
     containing source material to persons
     exempt from the licensing requirements
     of part 40 of this chapter.
        Application [Program Code(s): 11240].  $4,300.
    D. Licenses to distribute source material
     to persons generally licensed under part
     40 of this chapter.
        Application [Program Code(s): 11230,   $2,800.
         11231].
    E. Licenses for possession and use of
     source material for processing or
     manufacturing of products or materials
     containing source material for
     commercial distribution.
        Application [Program Code(s): 11710].  $2,600.
    F. All other source material licenses.
        Application [Program Code(s): 11200,   $2,600.
         11220, 11221, 11300, 11800, 11810,
         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,   $13,000.
         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):      $17,300.
             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):      $21,600.
             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,   $3,600.
         03215, 22135, 22162].
        (1). Other licenses for possession
         and use of byproduct material issued
         under part 30 of this chapter for
         processing or manufacturing of items
         containing byproduct material for
         commercial distribution. Number of
         locations of use: 6-20.
            Application [Program Code(s):      $4,800.
             04110, 04112, 04114, 04116].

[[Page 22352]]

 
        (2). Other licenses for possession
         and use of byproduct material issued
         under part 30 of this chapter for
         processing or manufacturing of items
         containing byproduct material for
         commercial distribution. Number of
         locations of use: More than 20.
            Application [Program Code(s):      $5,900.
             04111, 04113, 04115, 04117].
    C. Licenses issued under Sec.   32.72 and/
     or Sec.   32.74 of this chapter that
     authorize the processing or
     manufacturing and distribution or
     redistribution of radiopharmaceuticals,
     generators, reagent kits, and/or sources
     and devices containing byproduct
     material. This category does not apply
     to licenses issued to nonprofit
     educational institutions whose
     processing or manufacturing is exempt
     under Sec.   170.11(a)(4). Number of
     locations of use: 1-5.
        Application [Program Code(s): 02500,   $5,200.
         02511, 02513].
        (1). Licenses issued under Sec.
         32.72 and/or Sec.   32.74 of this
         chapter that authorize the
         processing or manufacturing and
         distribution or redistribution of
         radiopharmaceuticals, generators,
         reagent kits, and/or sources and
         devices containing byproduct
         material. This category does not
         apply to licenses issued to
         nonprofit educational institutions
         whose processing or manufacturing is
         exempt under Sec.   170.11(a)(4).
         Number of locations of use: 6-20.
            Application [Program Code(s):      $6,900.
             04210, 04212, 04214].
        (2). Licenses issued under Sec.
         32.72 and/or Sec.   32.74 of this
         chapter that authorize the
         processing or manufacturing and
         distribution or redistribution of
         radiopharmaceuticals, generators,
         reagent kits, and/or sources and
         devices containing byproduct
         material. This category does not
         apply to licenses issued to
         nonprofit educational institutions
         whose processing or manufacturing is
         exempt under Sec.   170.11(a)(4).
         Number of locations of use: More
         than 20.
            Application [Program Code(s):      $8,600.
             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): 03510,   $3,200.
         03520].
    F. Licenses for possession and use of
     less than or equal to 10,000 curies of
     byproduct material in sealed sources for
     irradiation of materials in which the
     source is exposed for irradiation
     purposes. This category also includes
     underwater irradiators for irradiation
     of materials where the source is not
     exposed for irradiation purposes.
        Application [Program Code(s): 03511].  $6,500.
    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].  $62,000.
    H. Licenses issued under subpart A of
     part 32 of this chapter to distribute
     items containing byproduct material that
     require device review to persons exempt
     from the licensing requirements of part
     30 of this chapter. The category does
     not include specific licenses
     authorizing redistribution of items that
     have been authorized for distribution to
     persons exempt from the licensing
     requirements of part 30 of this chapter.
        Application [Program Code(s): 03254,   $6,600.
         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,   $11,600.
         03251, 03252, 03253, 03256].
    J. Licenses issued under subpart B of
     part 32 of this chapter to distribute
     items containing byproduct material that
     require sealed source and/or device
     review to persons generally licensed
     under part 31 of this chapter. This
     category does not include specific
     licenses authorizing redistribution of
     items that have been authorized for
     distribution to persons generally
     licensed under part 31 of this chapter.
        Application [Program Code(s): 03240,   $2,000.
         03241, 03243].
    K. Licenses issued under subpart B of
     part 32 of this chapter to distribute
     items containing byproduct material or
     quantities of byproduct material that do
     not require sealed source and/or device
     review to persons generally licensed
     under part 31 of this chapter. This
     category does not include specific
     licenses authorizing redistribution of
     items that have been authorized for
     distribution to persons generally
     licensed under part 31 of this chapter.
        Application [Program Code(s): 03242,   $1,100.
         03244].
    L. Licenses of broad scope for possession
     and use of byproduct material issued
     under parts 30 and 33 of this chapter
     for research and development that do not
     authorize commercial distribution.
     Number of locations of use: 1-5.
        Application [Program Code(s): 01100,   $5,500.
         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):      $7,300.
             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):      $9,100.
             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]   $8,300.
    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):      $8,900.
             03219, 03225, 03226].

[[Page 22353]]

 
    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,   $6,300.
         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):      $8,500.
             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):      $10,600.
             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,   $4,700.
         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):      $6,300.
             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):      $7,900.
             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.........................  $700.
    R. Possession of items or products
     containing radium-226 identified in 10
     CFR 31.12 which exceed the number of
     items or limits specified in that
     section.\5\
        1. Possession of quantities exceeding
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less
         than or equal to 10 times the number
         of items or limits specified.
            Application [Program Code(s):      $2,600.
             02700].
        2. Possession of quantities exceeding
         10 times the number of items or
         limits specified in 10 CFR
         31.12(a)(4), or (5).
            Application [Program Code(s):      $2,500.
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.
        Application [Program Code(s): 03210].  $14,200.
4. Waste disposal and processing:\11\
    A. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the
     licensee; or licenses authorizing
     contingency storage of low-level
     radioactive waste at the site of nuclear
     power reactors; or licenses for receipt
     of waste from other persons for
     incineration or other treatment,
     packaging of resulting waste and
     residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material.
        Application [Program Code(s): 03231,   Full Cost.
         03233, 03236, 06100, 06101].
    B. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of packaging or repackaging the
     material. The licensee will dispose of
     the material by transfer to another
     person authorized to receive or dispose
     of the material.
        Application [Program Code(s): 03234].  $6,900.
    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].  $5,000.
5. Well logging:\11\
    A. Licenses for possession and use of
     byproduct material, source material, and/
     or special nuclear material for well
     logging, well surveys, and tracer
     studies other than field flooding tracer
     studies.
        Application [Program Code(s): 03110,   $4,600.
         03111, 03112].
    B. Licenses for possession and use of
     byproduct material for field flooding
     tracer studies.
        Licensing [Program Code(s): 03113]...  Full Cost.
6. Nuclear laundries:\11\
    A. Licenses for commercial collection and
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material.
        Application [Program Code(s): 03218].  $22,200.
7. Medical licenses:\11\
    A. Licenses issued under parts 30, 35,
     40, and 70 of this chapter for human use
     of byproduct material, source material,
     or special nuclear material in sealed
     sources contained in gamma stereotactic
     radiosurgery units, teletherapy devices,
     or similar beam therapy devices. Number
     of locations of use: 1-5.
        Application [Program Code(s): 02300,   $11,100.
         02310].
        (1). Licenses issued under parts 30,
         35, 40, and 70 of this chapter for
         human use of byproduct material,
         source material, or special nuclear
         material in sealed sources contained
         in gamma stereotactic radiosurgery
         units, teletherapy devices, or
         similar beam therapy devices. Number
         of locations of use: 6-20.
            Application [Program Code(s):      $14,800.
             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):      $18,500.
             04511, 04513].

[[Page 22354]]

 
    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].  $8,700.
        (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):      $11,500.
             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):      $14,400.
             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,   $6,600.
         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):      $8,700.
             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):      $10,900.
             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): 03710].  $2,600.
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.
    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, and   Full Cost.
         plutonium air packages.
        2. Other Casks.......................  Full Cost.
    B. Quality assurance program approvals
     issued under part 71 of this chapter.
        1. Users and Fabricators.
            Application......................  $4,200.
            Inspections......................  Full Cost.
        2. Users.
            Application......................  $4,200.
            Inspections......................  Full Cost.
    C. Evaluation of security plans, route     Full Cost.
     approvals, route surveys, and
     transportation security devices
     (including immobilization devices).
11. Review of standardized spent fuel          Full Cost.
 facilities.
12. Special projects:
    Including approvals, pre-application/
     licensing activities, and inspections.
        Application [Program Code: 25110]....  Full Cost.
13. A. Spent fuel storage cask Certificate of  Full Cost.
 Compliance.
    B. Inspections related to storage of       Full Cost.
     spent fuel under Sec.   72.210 of this
     chapter.
14. Decommissioning/Reclamation \11\

[[Page 22355]]

 
    A. Byproduct, source, or special nuclear   Full Cost.
     material licenses and other approvals
     authorizing decommissioning,
     decontamination, reclamation, or site
     restoration activities under parts 30,
     40, 70, 72, and 76 of this chapter,
     including master materials licenses
     (MMLs). The transition to this fee
     category occurs when a licensee has
     permanently ceased principal activities.
     [Program Code(s): 03900, 11900, 21135,
     21215, 21240, 21325, 22200].
    B. Site-specific decommissioning           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.
    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 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......................  N/A.
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.

[[Page 22356]]

 
    A. Certificates of Compliance. Evaluation  Full Cost.
     of casks, packages, and shipping
     containers (including spent fuel, high-
     level waste, and other casks, and
     plutonium air packages).
    B. Uranium Mill Tailings Radiation         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.
\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 (a), (b)(1), (b)(2) introductory 
text, (c)(1), (c)(2) introductory text, (d)(1) introductory text, 
(d)(2) and (3), and (f) to read as follows:


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

    (a) Each person holding an operating license for a power, test, or 
research reactor; each person holding a combined license under part 52 
of this chapter after the Commission has made the finding under 10 CFR 
52.103(g); each person holding a part 50 or part 52 power reactor 
license that is in decommissioning or possession only status, except 
those that have no spent fuel onsite; and each person holding a part 72 
license who does not hold a part 50 or part 52 license and provides 
notification in accordance with 10 CFR 72.80(g), shall pay the annual 
fee for each license held during the Federal fiscal year in which the 
fee is due. This paragraph does not apply to test or research reactors 
exempted under Sec.  171.11(b).

[[Page 22357]]

    (b)(1) The FY 2019 annual fee for each operating power reactor that 
must be collected by September 30, 2019, is $4,669,000.
    (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 $152,000.
    (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 $219,777 fee-relief 
surcharge, 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 $2,243 fee-relief surcharge. This amount is 
calculated by dividing the total operating power reactor fee-relief 
surcharge, $219,777, 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 $11,888 fee-
relief surcharge. 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 $97.44 fee-relief surcharge. This amount is calculated by 
dividing the total fee-relief surcharge 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(b), are as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Research reactor.............................................    $82,400
Test reactor.................................................     82,400
------------------------------------------------------------------------


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:

------------------------------------------------------------------------
                                                          Maximum annual
                                                              fee per
                                                             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
------------------------------------------------------------------------


[[Page 22358]]

    (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
             Category of materials licenses                     2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-235 or
     plutonium for fuel fabrication activities.
        (a) Strategic Special Nuclear Material (High          $6,675,000
         Enriched Uranium) \15\ [Program Code(s): 21130]
        (b) Low Enriched Uranium in Dispersible Form           2,262,000
         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,                7,300
     except licenses authorizing special nuclear
     material in sealed or unsealed form in combination
     that would constitute a critical mass, as defined
     in Sec.   70.4 of this chapter, for which the
     licensee shall pay the same fees as those under
     Category 1.A. [Program Code(s): 22110, 22111,
     22120, 22131, 22136, 22150, 22151, 22161, 22170,
     23100, 23300, 23310]...............................
    E. Licenses or certificates for the operation of a         2,909,000
     uranium enrichment facility \15\ [Program Code(s):
     21200].............................................
    F. Licenses for possession and use of special                  5,300
     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           1,417,000
     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 facilities               N/A
             \15\ [Program Code(s): 11100]..............
            (b) Basic In Situ Recovery facilities \15\            49,200
             [Program Code(s): 11500]...................
            (c) Expanded In Situ Recovery facilities                 N/A
             \15\ [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].
    B. Licenses which authorize the possession, use, and/          3,100
     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 persons           6,100
     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                9,300
     Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
     11820].............................................
3. Byproduct material:
    A. Licenses of broad scope for possession and use of          28,600
     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           38,000
         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           47,300
         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                   11,600
     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: 1-5.
     [Program Code(s): 03214, 03215, 22135, 22162]......

[[Page 22359]]

 
        (1). Other licenses for possession and use of             15,400
         byproduct material issued under part 30 of this
         chapter for processing or manufacturing of
         items containing byproduct material for
         commercial distribution. Number of locations of
         use: 6-20. [Program Code(s): 04110, 04112,
         04114, 04116]..................................
        (2). Other licenses for possession and use of             19,000
         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/or            10,800
     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             14,300
         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             17,800
         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 or            11,000
     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            88,000
     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               4,200
     this chapter to distribute items containing
     byproduct material that require sealed source and/
     or device review to persons generally licensed
     under part 31 of this chapter, except specific
     licenses authorizing redistribution of items that
     have been authorized for distribution to persons
     generally licensed under part 31 of this chapter.
     [Program Code(s): 03240, 03241, 03243].............
    K. Licenses issued under subpart B of part 32 of               3,100
     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 of          15,300
     byproduct material issued under parts 30 and 33 of
     this chapter for research and development that do
     not authorize commercial distribution. Number of
     locations of use: 1-5. [Program Code(s): 01100,
     01110, 01120, 03610, 03611, 03612, 03613]..........
        (1) Licenses of broad scope for possession and            20,300
         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            25,300
         use of byproduct material issued under parts 30
         and 33 of this chapter for research and
         development that do not authorize commercial
         distribution. Number of locations of use: More
         than 20. [Program Code(s): 04611, 04613, 04615,
         04617, 04619, 04621, 04623]....................
    M. Other licenses for possession and use of                   14,900
     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                 18,600
     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                   40,300
         byproduct material issued under part 34 of this
         chapter for industrial radiography operations.
         This category also includes the possession and
         use of source material for shielding authorized
         under part 40 of this chapter when authorized
         on the same license. Number of locations of
         use: 6-20. [Program Code(s): 04310, 04312].....

[[Page 22360]]

 
        (2). Licenses for possession and use of                   50,200
         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,            10,000
     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 under         \13\ N/A
     part 31 of this chapter............................
    R. Possession of items or products containing radium-
     226 identified in 10 CFR 31.12 which exceed the
     number of items or limits specified in that
     section: \14\
        (1). Possession of quantities exceeding the                7,100
         number of items or limits in 10 CFR
         31.12(a)(4), or (5) but less than or equal to
         10 times the number of items or limits
         specified [Program Code(s): 02700].............
        (2). Possession of quantities exceeding 10 times           7,500
         the number of items or limits specified in 10
         CFR 31.12(a)(4) or (5) [Program Code(s): 02710]
    S. Licenses for production of accelerator-produced            31,000
     radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt of           32,600
     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           18,400
     waste byproduct material, source material, or
     special nuclear material from other persons for the
     purpose of packaging or repackaging the material.
     The licensee will dispose of the material by
     transfer to another person authorized to receive or
     dispose of the material [Program Code(s): 03234]...
    C. Licenses specifically authorizing the receipt of           10,500
     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 of          35,200
     items contaminated with byproduct material, source
     material, or special nuclear material [Program
     Code(s): 03218]
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40, and 70 of          26,100
     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          34,600
         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          43,300
         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                  31,600
     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            41,900
         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].........................................

[[Page 22361]]

 
        (2). Licenses of broad scope issued to medical            52,200
         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: More than 20. [Program
         Code(s): 04711]................................
    C. Other licenses issued under parts 30, 35, 40, and          15,300
     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,            20,200
         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): 04810, 04812, 04814,
         04816, 04818, 04820, 04822, 04824, 04826,
         04828].........................................
        (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): 04811, 04813,
         04815, 04817, 04819, 04821, 04823, 04825,
         04827, 04829]..................................
8. Civil defense:
    A. Licenses for possession and use of byproduct                7,100
     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          14,300
     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          11,900
     devices or products containing byproduct material,
     source material, or special nuclear material
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel devices.............
    C. Registrations issued for the safety evaluation of           7,000
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial distribution...
    D. Registrations issued for the safety evaluation of           1,500
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel.....................
10. Transportation of radioactive material:
    A. Certificates of Compliance or other package
     approvals issued for design of casks, packages, and
     shipping containers.
        1. Spent Fuel, High-Level Waste, and plutonium           \6\ N/A
         air packages...................................
        2. Other Casks..................................         \6\ N/A
    B. Quality assurance program approvals issued under
     part 71 of this chapter.
        1. Users and Fabricators........................         \6\ N/A
        2. Users........................................         \6\ N/A
    C. Evaluation of security plans, route approvals,            \6\ N/A
     route surveys, and transportation security devices
     (including immobilization devices).................
11. Standardized spent fuel facilities..................         \6\ N/A
12. Special Projects [Program Code(s): 25110]...........         \6\ N/A
13. A. Spent fuel storage cask Certificate of Compliance         \6\ N/A
    B. General licenses for storage of spent fuel under         \12\ N/A
     10 CFR 72.210......................................
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear material           7 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 to           329,000
 Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
    A. Certificates of Compliance.......................  \10\ 1,020,000
    B. Uranium Mill Tailings Radiation Control Act               121,000
     (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.

[[Page 22362]]

 
\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 2nd day of May 2019.

    For the Nuclear Regulatory Commission.
Maureen E. Wylie,
Chief Financial Officer.
[FR Doc. 2019-10051 Filed 5-16-19; 8:45 am]
 BILLING CODE 7590-01-P

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