Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021, 10459-10490 [2021-03282]

Download as PDF 10459 Proposed Rules Federal Register Vol. 86, No. 33 Monday, February 22, 2021 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE 7 CFR Part 1280 [Document No. AMS–LP–19–0093] RIN 0581–AC06 Lamb Promotion, Research, and Information Order; Activity Changes; Comment Period Reopened Agricultural Marketing Service, USDA. ACTION: Proposed rule; reopening of comment period. AGENCY: The Agricultural Marketing Service (AMS) is providing an additional 30 days for public comments on the proposed rule that would amend the Lamb Promotion, Research, and Information Order (Order). Reopening the comment period gives interested persons an additional opportunity to comment on the proposal. Comments are solicited from all stakeholders, notably those who would be impacted by the proposed amendments. DATES: The comment period for the proposed rule published on October 5, 2020, at 85 FR 62617, is reopened. Comments must be received by March 24, 2021. ADDRESSES: Comments should be posted online at www.regulations.gov. Comments received will be posted without change, including any personal information provided. All comments should reference the docket number AMS–LP–19–0093, the date of publication, and the page number of this issue of the Federal Register. Comments may also be sent to Jason Julian, Agricultural Marketing Specialist; Research and Promotion Division; Livestock and Poultry Program, AMS, USDA; Room 2610–S, STOP 0251, 1400 Independence Avenue SW, Washington, DC 20250–0251. Comments will be made available for public inspection at the above address during regular business hours or via the internet at www.regulations.gov. tkelley on DSKBCP9HB2PROD with PROPOSALS VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 Jason Julian, Agricultural Marketing Specialist, Research and Promotion Division, Livestock and Poultry Program, AMS, USDA; telephone: (202) 731–2149; fax: (202) 720–1125; or email: jason.julian@usda.gov. SUPPLEMENTARY INFORMATION: Background and Proposed Action Agricultural Marketing Service SUMMARY: FOR FURTHER INFORMATION CONTACT: AMS proposed revisions to the assessment collection procedures that would require market agencies to collect the full assessment on sales of live lambs, including the first-handler assessment portion, for remittance to the Board. The proposed assessment collection change would only apply to lambs sold through market agencies (e.g., commission merchant, auction market, or livestock market). Other modes of sale, such as traditional markets (e.g., first handler purchases from a producer or feeder, independent of a market agency, direct sales) would continue to have assessments remitted through the pass-through collection process. This document notifies the public of the reopening of the comment period from February 22, 2021 to March 24, 2021. Comments previously submitted during the initial 60-day comment period [October 5, 2020, through December 4, 2020] need not be resubmitted, as these comments are already incorporated into the public record and will be considered in the final rule. Public Comment Requested AMS received 11 comments from stakeholders during the initial sixty-day comment period. These comments represent the perspectives of various organizations and individuals within the stakeholder community and provided AMS additional context for decision making. AMS is reopening the comment period to encourage additional input on a topic identified by one commenter during the initial comment period. The commenter requested AMS consider allowing flexibility in the remittance of collected assessments by lower-volume or seasonal market agencies. The commenter suggested that requiring smaller market agencies to remit assessments every month, regardless of their sales volume, could be burdensome for those entities with PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 very small volumes. The commenter asked AMS to consider additional flexibility for small market agencies by allowing them to remit accumulated assessments on a quarterly or annual basis. The proposed rule would require that remittances occur by the 15th day of the month following the month in which lambs were purchased for slaughter or export, regardless of sales volume for that month. The commenter suggested such flexibilities for small market agencies could be based on the average head of lamb sold annually, allowing markets below a specific threshold to remit on a quarterly or annual basis. AMS seeks additional information from stakeholders to consider this type of flexibility. AMS seeks comments on the following questions: 1. What level or threshold should AMS consider as a low-volume market agency that might be eligible for additional flexibility? 2. Approximately how many market agencies would fit into such a category? 3. How would this type of flexibility reduce regulatory burden for those market agencies? AMS seeks input on other appropriate thresholds—such as monthly or quarterly sales volume—to identify market agencies that might be eligible for regulatory flexibility regarding assessment remittance under the amended regulations. Any comments should be supported by data that is clearly quantified and explained. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2021–03470 Filed 2–19–21; 8:45 am] BILLING CODE P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 15, 170 and 171 [NRC–2018–0292] RIN 3150–AK24 Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to SUMMARY: E:\FR\FM\22FEP1.SGM 22FEP1 10460 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement the Nuclear Energy Innovation and Modernization Act (NEIMA), which, starting in fiscal year (FY) 2021, requires the NRC to recover, to the maximum extent practicable, approximately 100 percent of its annual budget less certain amounts excluded from this fee-recovery requirement. In addition, the NRC is also proposing improvements associated with fee invoicing to implement provisions in NEIMA. Submit comments by March 24, 2021. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received before this date. Because NEIMA requires the NRC to collect fees for FY 2021 by September 30, 2021, the NRC must finalize any revisions to its fee schedules promptly, and thus is unable to grant any extension request of the comment period. DATES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0292. Address questions about NRC dockets to Dawn Forder; telephone: 301–415–3407; email: Dawn.Forder@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. tkelley on DSKBCP9HB2PROD with PROPOSALS ADDRESSES: 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: VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 Table of Contents I. Obtaining Information and Submitting Comments II. Background; Statutory Authority III. Discussion IV. Regulatory Flexibility Certification V. Regulatory Analysis VI. Backfitting and Issue Finality VII. Plain Writing VIII. National Environmental Policy Act IX. Paperwork Reduction Act Public Protection Notification X. Voluntary Consensus Standards XI. Availability of Guidance XII. Public Meeting XIII. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2018– 0292 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0292. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209 or 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. For the convenience of the reader, the ADAMS accession numbers are also provided in a table in the ‘‘Availability of Documents’’ section of this document. • Attention: The Public Document Room (PDR), where you may examine and order copies of public documents, is currently closed. You may submit your request to PDR staff via email at pdr.resource@nrc.gov or call 1–800– 397–4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. B. Submitting Comments Please include Docket ID NRC–2018– 0292 in the subject line of your comment submission in order to ensure that the NRC is able to make your comment submission publicly available in this docket. The NRC cautions you not to include identifying or contact information that PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at https:// www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submissions. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Background Statutory Authority A. Statutory Authority Revised Fee-Recovery Framework for FY 2021 and Subsequent Fiscal Years The NRC is proposing to amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement Public Law 115–439, NEIMA (42 U.S.C. 2215), which the President signed into law on January 14, 2019. The NEIMA fee-related changes, effective October 1, 2020, include (1) repealing the prior fee-recovery framework and replacing it with a revised framework and (2) requirements to improve the invoice accuracy for service fees. Effective October 1, 2020, NEIMA repealed Section 6101 of the Omnibus Budget Reconciliation Act of 1990, as amended (OBRA–90) (42 U.S.C. 2214) and put in place a revised fee-recovery framework for FY 2021 and subsequent fiscal years, requiring the NRC to recover, to the maximum extent practicable, approximately 100 percent of its total budget authority for the fiscal year, less the budget authority for excluded activities. For FYs 2005 through 2020, OBRA–90 required the NRC to recover approximately 90 percent of its budget authority for the fiscal year, less amounts for the activities excluded from fee recovery under OBRA–90 or other legislation, through fees. The 10 percent of the remaining budget authority not recovered through fees was historically referred to as fee-relief activities. In this proposed rule, the NRC would establish a revised fee-recovery framework, which would eliminate the 10 percent limit on E:\FR\FM\22FEP1.SGM 22FEP1 tkelley on DSKBCP9HB2PROD with PROPOSALS Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules fee-relief activities. Accordingly, the NRC would no longer provide a feerelief credit (when the amount budgeted for fee-relief activities is less than the 10 percent threshold, which would have decreased annual fees for licensees) or assess a fee-relief surcharge (when the amount budgeted for fee-relief activities is greater than the 10 percent threshold, which would have increased annual fees for licensees) as part of the calculation of annual fees for each licensee fee class. In FY 2021, 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) NEIMA (42 U.S.C. 2215). The IOAA authorizes and encourages Federal agencies to recover—to the fullest extent possible—costs attributable to services provided to identifiable recipients. Under NEIMA, the NRC must recover, to the maximum extent practicable, approximately 100 percent of its annual budget, less the budget authority for excluded activities. Under Section 102(b)(1)(B) of NEIMA, ‘‘excluded activities’’ include any fee-relief activity as identified by the Commission, generic homeland security activities, waste incidental to reprocessing activities, Nuclear Waste Fund activities, advanced reactor regulatory infrastructure activities, Inspector General services for the Defense Nuclear Facilities Safety Board, research and development at universities in areas relevant to the NRC’s mission, and a nuclear science and engineering grant program. In FY 2021, the fee-relief activities identified by the Commission are consistent with prior final fee rules and include Agreement State oversight, regulatory support to Agreement States, medical isotope production infrastructure, fee exemptions for nonprofit educational institutions, costs not recovered from small entities under 10 CFR 171.16(c), generic decommissioning/reclamation activities, the NRC’s uranium recovery program and unregistered general licenses, potential U.S. Department of Defense Program Memorandum of Understanding activities (Military Radium-226), and non-military radium sites. In addition, for FY 2021, the Commission identified international activities, not including the resources for import and export licensing, as feerelief activities to be excluded from the fee-recovery requirement. Under NEIMA, the NRC must use its IOAA authority first to collect service fees for NRC work that provides specific benefits to identifiable recipients (such as licensing work, inspections, and VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 special projects). The NRC’s regulations in part 170 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, as Amended,’’ explain how the agency collects service fees from specific beneficiaries. Because the NRC’s fee recovery under the IOAA (10 CFR part 170) will not equal 100 percent of the agency’s budget authority for the fiscal year, the NRC also assesses ‘‘annual fees’’ under 10 CFR 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,’’ to recover the remaining amount necessary to comply with NEIMA. In addition, Section 102(b)(3)(B)(i) of NEIMA establishes a new cap for the annual fees charged to operating reactor licensees; under this provision, the annual fee for an operating reactor licensee, to the maximum extent practicable, shall not exceed the annual fee amount per operating reactor licensee established in the FY 2015 final fee rule (80 FR 37432; June 30, 2015), adjusted for inflation (see Section III, Discussion, ‘‘FY 2021 Fee Collection— Revised Annual Fees,’’ of this proposed rule). B. Accurate Invoicing Section 102(d) of NEIMA requires three sets of actions related to NRC invoices for service fees assessed under 10 CFR part 170. First, as stated in Section 102(d)(1) of NEIMA, the NRC must ‘‘ensure appropriate review and approval prior to the issuance of invoices’’ for service fees. Second, as stated in Section 102(d)(2) of NEIMA, the NRC must ‘‘develop and implement processes to audit invoices [for 10 CFR part 170 service fees] to ensure accuracy, transparency, and fairness.’’ Third, as stated in Section 102(d)(3) of NEIMA, the NRC is required to ‘‘modify regulations to ensure fair and appropriate processes to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in invoices’’ for service fees. The NRC developed and implemented process improvements to ensure accurate invoicing for the first two actions. First, in July 2019, the NRC implemented a new agencywide process to standardize the validation of fees, which fully satisfies Section 102(d)(1) and partially addresses Section 102(d)(2) of NEIMA. The new standardized process improved PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 10461 accountability and oversight within the NRC to ensure that fee billing data is correct before appearing on a licensee’s invoice. Standardizing the fee validation process defines roles and responsibilities for performing fee billing validation and certification; this standardization process also improves accountability and internal controls by adding management oversight to improve the accuracy of fee billing data. The NRC’s new process will lead to improved internal and external auditing of service fee invoices to ensure accuracy, transparency, and fairness of invoices. The process requires offices with fee billable charges to regularly review and certify hours and costs to validate the charges before the NRC sends a bill for service fees. On an annual basis, external financial statement auditors will conduct an audit of a sample of invoices to determine whether the NRC is accurately invoicing in accordance with the NRC’s fee schedules. Therefore, NRC’s invoices will be reviewed and audited by both internal and external parties. The second NEIMA accurate invoicing action also concerns the transparency and fairness of the overall billing process. The NRC is firmly committed to the application of fairness and equity in the assessment of fees. All 10 CFR part 170 service fees are reassessed and published in the Federal Register on a yearly basis. In January 2018, the NRC redesigned its invoices to add clarity and transparency for its stakeholders; new features included an invoice legend of NRC acronyms and the names of individual NRC staff and/ or contractor company, if applicable, who had performed the work associated with the charges were added. In addition, the NRC’s staff hours and contractor costs were listed separately on invoices so the recipient could view the subtotals for the two different categories of costs. Finally, the NRC implemented a new data structure to more effectively account for and track all billable work at the project level. The structure included a data element called an Enterprise Project Identifier (EPID), which provides useful details regarding the type of project or work that is being billed. Inspection report numbers were converted to EPIDs to provide more information, and descriptions of inspection activities were added to the invoice. Using this data structure enabled the NRC’s licensees and other persons assessed service fees to identify how many hours are being expended on each of the various activities within a project. To further these efforts, the NRC standardized its Cost Activity Codes E:\FR\FM\22FEP1.SGM 22FEP1 10462 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules (CACs) for all agency activities to clearly provide licensees with consistent descriptions of the work being performed across licensing actions, inspections, and over multiple dockets. Invoices for service fees are now presented in a more useful and readable manner and hours and costs are no longer commingled. As a result, the NRC’s invoices provide stakeholders greater transparency regarding fees. In addition, in October 2019, the NRC released an electronic billing (eBilling) system. This public facing, web-based application provides persons assessed service fees, including licensees, immediate delivery of NRC invoices, customizable email notifications, the capability to view and analyze invoice details, and access to the U.S. Department of the Treasury systems to pay invoices. The eBilling application provides persons assessed service fees, including licensees increased billing process transparency and has increased applicant and licensee confidence in the assessed fees and charges. To address the third action, the NRC is proposing a policy change to modify the regulations in 10 CFR chapter I to provide a standard process for licensees and applicants to efficiently dispute or otherwise seek review and correction of errors in invoices for services fees (see Section III, Discussion, ‘‘FY2021— Policy Changes,’’ of this proposed rule). III. Discussion FY 2021 Fee Collection—Overview The NRC is issuing this FY 2021 proposed fee rule based on the Consolidated Appropriations Act, 2021 (the enacted budget). The proposed fee rule reflects a total budget authority in the amount of $844.4 million, a decrease of $11.2 million from FY 2020. As explained previously, certain portions of the NRC’s total budget authority for the fiscal year are excluded from NEIMA’s fee-recovery requirement under Section 102(b)(1)(B) of NEIMA. Based on the FY 2021 enacted budget, these exclusions total $123.0 million, consisting of $91.2 million for fee-relief activities; $17.7 million for advanced reactor regulatory infrastructure activities; $11.7 million for generic homeland security activities; $1.2 million for waste incidental to reprocessing activities; and $1.2 million for Inspector General services for the Defense Nuclear Facilities Safety Board. Table I summarizes the excluded activities for the FY 2021 proposed rule. TABLE I—EXCLUDED ACTIVITIES [Dollars in millions] tkelley on DSKBCP9HB2PROD with PROPOSALS FY 2021 proposed rule Fee-Relief Activities: International activities (not including the resources for import and export licensing) .................................................................. Agreement State oversight ........................................................................................................................................................... Medical isotope production infrastructure .................................................................................................................................... Fee exemption for nonprofit educational institutions ................................................................................................................... Costs not recovered from small entities under 10 CFR 171.16(c) .............................................................................................. Regulatory support to Agreement States ..................................................................................................................................... Generic decommissioning/reclamation activities (not related to the power reactor and spent fuel storage fee classes) .......... Uranium recovery program and unregistered general licensees ................................................................................................. Potential Department of Defense remediation program Memorandum of Understanding activities ........................................... Non-military radium sites .............................................................................................................................................................. ........................ 24.7 10.4 5.9 9.3 7.7 12.3 16.1 3.6 1.0 0.2 Subtotal Fee-Relief Activities ................................................................................................................................................ Activities under Section 102(b)(1)(B)(ii) of NEIMA (Generic Homeland Security activities, Waste Incidental to Reprocessing activities, and the Defense Nuclear Facilities Safety Board) .............................................................................................................. Advanced reactor regulatory infrastructure activities .......................................................................................................................... 91.2 Total Excluded Activities ................................................................................................................................................ 123.0 After accounting for the exclusions from the fee-recovery requirement and net billing adjustments (i.e., for FY 2021 invoices that the NRC estimates will not be paid during the fiscal year, less payments received in FY 2021 for prior year invoices and current year collections made for the termination of one operating power reactor), the NRC must recover approximately $708.8 million in fees in FY 2021. Of this amount, the NRC estimates that $185.9 million will be recovered through 10 CFR part 170 service fees and approximately $522.9 million will be VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 recovered through 10 CFR part 171 annual fees. Table II summarizes the fee-recovery amounts for the FY 2021 proposed fee rule using the enacted budget, and taking into account the budget authority for excluded activities and net billing adjustments. For all information presented in the following tables, individual values may not sum to totals due to rounding. Please see the work papers (ADAMS Accession No. ML20346A173) for actual amounts. In FY 2021, the explanatory statement associated with the Consolidated Appropriations Act, 2021, also includes PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 14.1 17.7 direction for the NRC to use $35.0 million in prior-year unobligated carryover funds, including $16.0 million to fund the Integrated University Program for FY 2021. The NRC does not assess fees in the current fiscal year for any carryover funds because, consistent with the requirements of NEIMA, fees are calculated based on the budget authority enacted for the current fiscal year and fees were already assessed in the fiscal year in which the carryover funds were appropriated. E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10463 TABLE II—BUDGET AND FEE RECOVERY AMOUNTS 1 [Dollars in millions] Total Budget Authority ......................................................................................................................................................................... Less Budget Authority for Excluded Activities: .................................................................................................................................... $844.4 ¥123.0 Balance ......................................................................................................................................................................................... Fee Recovery Percent ......................................................................................................................................................................... Total Amount to be Recovered: .......................................................................................................................................................... Less Estimated Amount to be Recovered through 10 CFR part 170 Fees ................................................................................ Estimated Amount to be Recovered through 10 CFR part 171 Fees ......................................................................................... 10 CFR part 171 Billing Adjustments: Unpaid Current Year Invoices (estimated) ................................................................................................................................... Less Current Year Collections from a Terminated Reactor—Indian Point Nuclear Generating, Unit 2 in FY 2020 and Indian Point Nuclear Generating, Unit 3 in FY 2021 ........................................................................................................................... Less Payments Received in Current Year for Previous Year Invoices (estimated) .................................................................... Adjusted Amount to be Recovered through 10 CFR parts 170 and 171 Fees .................................................................................. Adjusted 10 CFR part 171 Annual Fee Collections Required ............................................................................................................ 721.4 100 721.4 ¥185.9 535.5 3.0 ¥2.7 ¥12.9 708.8 522.9 FY 2021 Fee Collection—Professional Hourly Rate The NRC uses a professional hourly rate to assess fees under 10 CFR part 170 for specific services it provides. The professional hourly rate also helps determine flat fees (which are used for the review of certain types of license applications). This rate is applicable to all activities for which fees 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). The NRC then subtracts certain offsetting receipts and divides this total by the mission-direct full-time equivalent (FTE) converted to hours (the mission-direct FTE converted to hours is the product of the missiondirect 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 2021, the NRC is proposing to increase the professional hourly rate from $279 to $288. The 3.2 percent increase in the FY 2021 professional hourly rate is primarily due to a 2.1 percent increase in budgetary resources of approximately $15.0 million. The increase in budgetary resources is, in turn, primarily due to an increase in salaries and benefits to support Federal pay raises for NRC employees. The anticipated decline in the number of mission-direct FTE compared to FY 2020 also contributed to the increase in the professional hourly rate. The hourly rate is inversely related to the mission- direct FTE amount; therefore, as the number of mission-direct FTE decrease the hourly rate can increase. The number of mission-direct FTE is expected to decline by 17, primarily due to: (1) The completion of probabilistic risk assessment reviews related to lessons learned from the accident at Fukushima Dai-ichi in Japan; (2) the closure of Duane Arnold Energy Center (Duane Arnold); and (3) the reduced workload associated with significance determinations, operating experience evaluations, and generic communications development. The FY 2021 estimate for annual mission-direct FTE productive hours is 1,510 hours, which is unchanged from FY 2020. 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 administrative tasks. Table III shows the professional hourly rate calculation methodology. The FY 2020 amounts are provided for comparison purposes. 1 For each table, numbers may not add due to rounding. VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 EP22FE21.000</GPH> tkelley on DSKBCP9HB2PROD with PROPOSALS FY 2021 proposed rule 10464 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE III—PROFESSIONAL HOURLY RATE CALCULATION [Dollars in millions, except as noted] FY 2020 final rule FY 2021 proposed rule Mission-Direct Program Salaries & Benefits ........................................................................................................... Mission-Indirect Program Support ........................................................................................................................... Agency Support (Corporate Support and the IG) ................................................................................................... $314.6 $110.8 $291.5 $335.3 $113.2 $283.7 Subtotal ............................................................................................................................................................. Less Offsetting Receipts 2 ....................................................................................................................................... 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 MissionDirect FTE Converted to Hours) (Whole Numbers) ............................................................................................ $716.9 $0.0 $716.9 1,701 1,510 $732.2 $0.0 $732.2 1,684 1,510 2,568,510 2,542,840 $279 $288 FY 2021 Fee Collection—Flat Application Fee Changes The NRC proposes to amend the flat application fees it charges in its schedule of fees in §§ 170.21 and 170.31 to reflect the revised professional hourly rate of $288. The NRC charges these fees to applicants for materials licenses and other regulatory services, as well as to holders of materials licenses. 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 2021. As part of its calculations, the NRC analyzes the actual hours spent performing licensing actions and estimates the five-year average of professional staff hours that are needed to process licensing actions as part of its biennial review of fees; these actions are 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 2021 and will perform this review again in FY 2023. The biennial review adjustments and the higher professional hourly rate of $288 are the primary reasons for the increase in application fees (see the work papers). In order to simplify billing, the NRC rounds these flat fees to a minimal degree. Specifically, the NRC rounds these flat fees (up or down) in such a way that ensures both convenience for its stakeholders and that any rounding effects are minimal. Accordingly, fees under $1,000 are rounded to the nearest $10, fees between $1,000 and $100,000 are rounded to the nearest $100, and fees greater than $100,000 are rounded to the nearest $1,000. The proposed licensing flat fees are applicable for import and export licensing actions (see fee categories K.1. through K.5. of § 170.21 and fee categories 15.A. through 15.R. of § 170.31), as well as certain materials licensing actions (see fee categories 1.C. through 1.D., 2.B. through 2.F., 3.A. through 3.S., 4.B. through 5.A., 6.A. through 9.D., 10.B., 15.A. through 15.L., 15.R., and 16 of § 170.31). Applications filed on or after the effective date of the FY 2021 final fee rule will be subject to the revised fees in the final rule. FY 2021 Fee Collection—Low-Level Waste Surcharge As in prior years, the NRC proposes to assess a generic low-level waste (LLW) surcharge of $3.4 million. Disposal of LLW occurs at commercially operated LLW disposal facilities that are licensed by either the NRC or an Agreement State. Four existing LLW disposal facilities in the United States accept various types of LLW. All are located in Agreement States and, therefore, are regulated by an Agreement State, rather than the NRC. The NRC proposes to allocate this surcharge to its licensees based on data available in the U.S. Department of Energy’s (DOE) Manifest Information Management System. This database contains information on total LLW volumes disposed of by four generator classes: Academic, industrial, medical, and utility. The ratio of waste volumes disposed of by these generator classes to total LLW volumes disposed 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 the materials users fee classes. The materials users fee class portion is adjusted to account for the large percentage of materials licensees that are licensed by the Agreement States rather than the NRC. Table IV shows the allocation of the LLW surcharge and its proposed allocation across the various fee classes. TABLE IV—ALLOCATION OF LLW SURCHARGE FY 2021 [Dollars in millions] LLW surcharge tkelley on DSKBCP9HB2PROD with PROPOSALS Percent Operating Power Reactors ...................................................................................................................................... Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... Non-Power Production or Utilization Facilities ........................................................................................................ 2 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 18:29 Feb 19, 2021 Jkt 253001 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 00006 Fmt 4702 Sfmt 4702 87.4 0.0 0.0 $ 2.938 0.000 0.000 indemnity activities are allocated under the Licensing Actions and Research and Test Reactors products within the Operating Reactors business line. E:\FR\FM\22FEP1.SGM 22FEP1 10465 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE IV—ALLOCATION OF LLW SURCHARGE FY 2021—Continued [Dollars in millions] LLW surcharge Percent $ Fuel Facilities ........................................................................................................................................................... Materials Users ........................................................................................................................................................ Transportation .......................................................................................................................................................... Rare Earth Facilities ................................................................................................................................................ Uranium Recovery ................................................................................................................................................... 10.0 2.6 0.0 0.0 0.0 0.336 0.087 0.000 0.000 0.000 Total .................................................................................................................................................................. 100.0 3.361 FY 2021 Fee Collection—Revised Annual Fees In accordance with SECY–05–0164, ‘‘Annual Fee Calculation Method’’ (ADAMS Accession No. ML052580332), the NRC rebaselines its annual fees every year. ‘‘Rebaselining’’ entails analyzing the budget in detail and then allocating the budgeted costs to various classes or subclasses of licensees. It also includes updating the number of NRC licensees in its fee calculation methodology. The NRC proposes to revise its annual fees in §§ 171.15 and 171.16 to recover approximately 100 percent of the NRC’s FY 2021 enacted budget (less the budget authority for excluded activities and the estimated amount to be recovered through 10 CFR part 170 fees). The total estimated 10 CFR part 170 collections for this proposed rule are $185.9 million, which is a decrease of $34.2 million from the FY 2020 final rule (see the specific fee class sections for a discussion of this decrease). The NRC, therefore, proposes to recover $522.9 million through annual fees from its licensees, which is an increase of $14.9 million from the FY 2020 final rule. Table V shows the proposed rebaselined fees for FY 2021 for a sample of licensee categories. The FY 2020 amounts are provided for comparison purposes. TABLE V—REBASELINED ANNUAL FEES [Actual dollars] FY 2020 final annual fee Class/category of licenses Operating Power Reactors ...................................................................................................................................... + Spent Fuel Storage/Reactor Decommissioning ................................................................................................... $4,621,000 188,000 $4,809,000 246,000 Total, Combined Fee ........................................................................................................................................ Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... Non-Power Production or Utilization Facilities ........................................................................................................ High Enriched Uranium Fuel Facility (Category 1.A.(1)(a)) .................................................................................... Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b)) ..................................................................................... Uranium Enrichment (Category 1.E) ....................................................................................................................... UF6 Conversion and Deconversion Facility (Category 2.A.(1) ................................................................................ Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .......................................................................................... Typical Users: Radiographers (Category 3O) .......................................................................................................................... All Other Specific Byproduct Material Licensees (Category 3P) ..................................................................... Medical Other (Category 7C) ........................................................................................................................... Device/Product Safety Evaluation—Broad (Category 9A) ............................................................................... 4,804,000 188,000 81,300 5,067,000 1,717,000 2,208,000 510,000 49,200 5,050,000 246,000 78,700 4,835,000 1,639,000 2,107,000 486,000 45,900 29,900 9,700 14,800 13,800 29,000 9,800 16,700 17,800 The work papers that support this proposed 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 the budgeted resources tkelley on DSKBCP9HB2PROD with PROPOSALS FY 2021 proposed annual fee allocated to each class of licensees and the calculations of the rebaselined fees. For more information about detailed fee calculations for each class, please consult the accompanying work papers for this proposed rule. a. Operating Power Reactors The NRC proposes to collect $446.8 million in annual fees from the operating power reactors fee class in FY 2021, as shown in Table VI. The FY 2020 operating power reactor fees are shown for comparison purposes. TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS [Dollars in millions] FY 2020 final Summary fee calculations Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 $623.9 ¥186.7 FY 2021 proposed $611.8 ¥157.0 10466 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS—Continued [Dollars in millions] FY 2020 final tkelley on DSKBCP9HB2PROD with PROPOSALS Summary fee calculations FY 2021 proposed Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation .............................................................................................................................. Fee-relief adjustment ............................................................................................................................................... Allocated LLW surcharge ........................................................................................................................................ Billing adjustment ..................................................................................................................................................... Adjustment: Estimated current year collections from terminated reactor (Indian Point Generating, Unit 2 in FY 2020 and Indian Point Generating, Unit 3 in FY 2021) ....................................................................................... 437.2 0.2 ¥1.2 3.1 2.4 454.8 0.3 N/A 2.9 ¥8.4 ¥2.7 ¥2.7 Total required annual fee recovery .................................................................................................................. 439.0 446.8 Total operating reactors ................................................................................................................................... 95 93 Annual fee per reactor ............................................................................................................................................. 4.621 4.804 In comparison to FY 2020, the FY 2021 proposed annual fee for the operating power reactors fee class is increasing primarily due to the following: (1) The decline in 10 CFR part 170 estimated billings; (2) the reduction in the fleet due to the closure of Duane Arnold and Indian Point Energy Center (Indian Point Unit 3); and (3) the absence of the fee-relief adjustment. The increase in the proposed annual fee for the operating power reactors fee class is partially offset due to the following: (1) The decrease in budgeted resources and (2) a billing adjustment and current year collection adjustment. These components are discussed below. The 10 CFR part 170 estimated billings declined primarily due to the following: (1) The decrease due to the plant closures of Indian Point Unit 3 closing in April 2021 and Duane Arnold closing in October 2020; (2) the completion of construction activities at Vogtle Electric Generating Plant, Unit 3 (Vogtle Unit 3); and (3) the completion of the NuScale small modular reactor (SMR) Design Certification review. This decrease in the 10 CFR part 170 estimated billings is partially offset by increased work to support the following: (1) The review of the Oklo Power LLC combined license application for the Aurora micro reactor, which was docketed in June 2020; and (2) inspection activities in order to perform inspections that were deferred due to the COVID–19 public health emergency. In addition, as a result of the revised fee-recovery framework under NEIMA, the FY 2021 proposed annual fee increased due to the absence of the feerelief adjustment that was made for FY 2020. Because NEIMA eliminated the approximately 90 percent requirement for fee recovery and, in turn, the 10 percent limit on fee-relief activities, the NRC will no longer provide a fee-relief VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 credit or assess a fee-relief surcharge as part of the calculation of annual fees for each licensee fee class. The increase in the annual fee is partially offset by a decline in FTEs that includes, but is not limited to, the following: (1) The completion of probabilistic risk assessment reviews related to lessons learned from the accident at Fukushima Dai-ichi in Japan; (2) the closure of Duane Arnold; (3) reduced workload associated with significance determinations, operating experience evaluations, and generic communications development; (4) the completion of the NuScale SMR Design Certification review; (5) a decrease in licensing actions resulting from the completion of construction of Vogtle Unit 3 and reduced demand for operator licensing and vendor inspection work as Vogtle Unit 3 will be transitioning to operational; and (6) decreases in research workload in areas of flooding, high energy arc faulting testing, and the near completion of the Level 3 probabilistic risk assessment project. The decrease in the budgeted resources is offset by an increase for certain contract costs due to a reduction in the utilization of prior-year unobligated carryover funding and an increase in the fully costed FTE rate compared to FY 2020. In addition, the increase in the annual fee is partially offset by the $8,444,731 billing adjustment that was included in the operating power reactors calculation due to the deferral of annual fees and fees for services due to the COVID–19 public health emergency, and a $2,700,000 current year collection adjustment in the operating power reactors fee class calculation due to the shutdown of Indian Point Unit 3. The recoverable budgeted costs are divided equally among the 93 licensed operating power reactors, a decrease of two operating power reactors compared PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 to FY 2020 due to the closure of Duane Arnold and Indian Point Unit 3, resulting in an annual fee of $4,804,000 per reactor. Additionally, each licensed operating power reactor is assessed the FY 2021 spent fuel storage/reactor decommissioning annual fee of $246,000 (see Table VII and the discussion that follows). The combined FY 2021 annual fee for each operating power reactor is $5,050,000. The NRC included an estimate of the operating power reactors annual fee in Appendix C, ‘‘Estimated Operating Power Reactors Annual Fee,’’ of the FY 2021 CBJ, with the intent to increase transparency with stakeholders. The NRC developed this estimate based on the staff’s allocation of the FY 2021 budget request to fee classes under 10 CFR part 170, and allocations within the operating power reactors fee class under 10 CFR part 171. In addition, the estimated annual fee assumed 93 operating power reactors in FY 2021 and applied various data assumptions from the FY 2019 final fee rule. Based on these allocations and assumptions, the operating power reactor annual fee included in the FY 2021 CBJ was estimated to be $4.8 million, approximately $0.6 million below the FY 2015 operating power reactors annual fee amount adjusted for inflation of $5.4 million. Collectively, these actions serve to mitigate impacts resulting from licensees leaving the fee class and help the NRC continue to develop budgets that account for a fee class with a declining number of licensees. Although the FY 2021 CBJ included the estimated operating power reactors annual fee, the assumptions made above between budget formulation and the development of the FY 2021 proposed rule have changed, as shown in Table VI. In FY 2016, the NRC amended its licensing, inspection, and annual fee E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules regulations to establish a variable annual fee structure for light-water SMRs (81 FR 32617). Under the variable annual fee structure, 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 2021 for this type of licensee. b. Spent Fuel Storage/Reactor Decommissioning The NRC proposes to collect $30.1 million in annual fees from 10 CFR part 50 power reactor licensees, and from 10 10467 CFR part 72 licensees that do not hold a 10 CFR part 50 license, to recover the budgeted costs for the spent fuel storage/reactor decommissioning fee class in FY 2021, as shown in Table VII. The FY 2020 spent fuel storage/reactor decommissioning fees are shown for comparison purposes. TABLE VII—ANNUAL FEE SUMMARY CALCULATIONS FOR SPENT FUEL STORAGE/REACTOR DECOMMISSIONING [Dollars in millions] FY 2020 final Summary fee calculations FY 2021 proposed Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $37.9 ¥15.9 $42.2 ¥12.4 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation costs .................................................................................................................... Fee-relief adjustment ............................................................................................................................................... Billing adjustments ................................................................................................................................................... 22.1 0.8 ¥0.1 0.1 29.8 0.8 N/A ¥0.6 Total required annual fee recovery .................................................................................................................. Total spent fuel storage facilities ...................................................................................................................... 22.9 122 30.1 122 Annual fee per facility .............................................................................................................................................. $0.188 $0.246 In comparison to FY 2020, the FY 2021 proposed annual fee for the spent fuel storage/reactor decommissioning fee class is increasing primarily due to the increase in the budgeted resources and the decline in the 10 CFR part 170 estimated billings. The budgeted resources for the spent fuel storage/reactor decommissioning fee class increased primarily to support of the following: (1) Decommissioning activities associated with power reactors in decommissioning, including the transition of Duane Arnold from operation to the power reactor decommissioning program; and (2) waste research activities associated with accident tolerant fuel, high burnup, and enrichment extension fuels. The 10 CFR part 170 estimated billings for FY 2021 decreased primarily due to the following: (1) A reduction in hours associated with the staff’s review of renewals and amendments for independent spent fuel storage installation (ISFSI) licenses and dry cask storage certificates of compliance (CoCs); (2) the near completion of the staff’s review of the Interim Storage Partners consolidated interim storage facility application; (3) the completion of certain follow-up inspections and other inspection activities for San Onofre Nuclear Generating Station; (4) the completion of licensing actions, partial site release requests, and a decrease in confirmatory survey work at multiple sites; (5) the near completion of the license termination for the La Crosse Boiling Water Reactor; (6) a reduction in contract support due to a decrease in confirmatory survey contractor work expected; and (7) a decrease in billable hours for the Pilgrim Nuclear Power Station due to the site converting to decommissioning. This decrease in the 10 CFR part 170 estimated billings is partially offset by increased work to support the following: (1) The review of renewals and amendments for dry cask storage certificates of compliance, and inspection activities for ISFSI licenses and dry cask storage CoCs; (2) the staff’s safety and environmental review of the Holtec HI–STORE consolidated interim storage facility application; (3) the staff’s review of the Holtec Thermal Topical Report on the HI–STORM 100 and HI– STORM FW Systems; (4) activities within the power reactor decommissioning program associated with the plant closures of Duane Arnold, Indian Point Units 2 and 3, and Three Mile Island Nuclear Generating Station, Unit 1; and (5) the review of decommissioning license amendments, exemptions, and inspection activities at multiple sites. The increase in the annual fee is partially offset by an approximate $0.6 million 10 CFR part 171 billing adjustment that was included in the spent fuel storage/reactor decommissioning calculation due to the deferral of annual fees and fees for services due to the COVID–19 public health emergency. The required annual fee recovery amount is divided equally among 122 licensees, resulting in a proposed FY 2021 annual fee of $246,000 per licensee. c. Fuel Facilities The NRC proposes to collect $17.2 million in annual fees from the fuel facilities fee class in FY 2021, as shown in Table VIII. The FY 2020 fuel facilities fees are shown for comparison purposes. tkelley on DSKBCP9HB2PROD with PROPOSALS TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES [Dollars in millions] FY 2020 final Summary fee calculations FY 2021 proposed Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $23.2 ¥6.8 $23.3 ¥7.4 Net 10 CFR part 171 resources ....................................................................................................................... 16.5 16.0 VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 10468 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES—Continued [Dollars in millions] FY 2020 final Summary fee calculations FY 2021 proposed Allocated generic transportation .............................................................................................................................. Fee-relief adjustment ............................................................................................................................................... Allocated LLW surcharge ........................................................................................................................................ Billing adjustments ................................................................................................................................................... 1.1 ¥0.1 0.4 0.1 1.2 N/A 0.3 ¥0.3 Total remaining required annual fee recovery ................................................................................................. $18.0 $17.2 In comparison to FY 2020, the FY 2021 proposed annual fee for the fuel facilities fee class is decreasing primarily due to the increase in 10 CFR part 170 estimated billings and the 10 CFR part 171 billing adjustment that was included in the fuel facilities calculation due to the deferral of annual fees and fees for services due to the COVID–19 public health emergency. The decrease in the proposed annual fee is offset by an increase in the budgeted resources as discussed below. The 10 CFR part 170 estimated billings increased as a result of the following: (1) The increased workload to support the staff’s review of a license amendment application associated with high assay low enriched uranium and the associated security plans, and (2) the review of the Westinghouse environmental impact statement being developed for the license renewal. As part of the proposed annual fee, an approximate $0.3 million billing adjustment was included in the fuel facilities calculation due to the deferral of annual fees and fees for services due to the COVID–19 public health emergency. The decrease in the proposed annual fee is offset in part by an increase in the resources for contract costs budgeted for the fuel facilities fee class primarily due to a reduction in the utilization of prioryear unobligated carryover compared to FY 2020. 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 that are 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 regulatory effort that is not recovered through 10 CFR part 170 fees (e.g., rulemaking, guidance). Regulatory effort for activities that are subject to 10 CFR part 170 fees, such as the number of inspections, is not applicable to the effort factor. TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2021 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)) ............................................................................... tkelley on DSKBCP9HB2PROD with PROPOSALS In FY 2021, the total remaining amount of annual fees proposed to be recovered, $17.2 million, is attributable to safety activities, safeguards activities, and the LLW surcharge. For FY 2021, the total budgeted resources proposed to be recovered as annual fees for safety activities are $9.6 million. To calculate the annual fee, the NRC allocates this amount to each fee category based on its Effort factors Number of facilities percentage of the total regulatory effort for safety activities. Similarly, the NRC allocates the budgeted resources to be recovered as annual fees for safeguards activities, $7.2 million, to each fee category based on its percentage of the total regulatory effort for safeguards activities. Finally, the fuel facilities fee class portion of the LLW surcharge— $0.3 million—is allocated to each fee Safety 2 3 0 0 0 1 1 Safeguards 88 70 0 0 0 16 7 91 21 0 0 0 23 2 category based on its percentage of the total regulatory effort for both safety and safeguards activities. The proposed 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 2020 final annual fee Facility type (fee category) High-Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................ Low-Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................................. VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 $5,067,000 1,717,000 FY 2021 proposed annual fee $4,835,000 1,639,000 10469 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE X—ANNUAL FEES FOR FUEL FACILITIES—Continued [Actual dollars] FY 2020 final annual fee Facility type (fee category) Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .......................................................................................... Hot Cell (and others) (1.A.(2)(c)) ............................................................................................................................. Uranium Enrichment (1.E.) ...................................................................................................................................... UF 6 Conversion and Deconversion (2.A.(1)) .......................................................................................................... recovery facilities fee class in FY 2021, as shown in Table XI. The FY 2020 d. Uranium Recovery Facilities N/A N/A 2,208,000 510,000 FY 2021 proposed annual fee N/A N/A 2,107,000 486,000 uranium recovery fees are shown for comparison purposes. The NRC proposes to collect $0.1 million in annual fees from the uranium TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES [Dollars in millions] FY 2020 final Summary fee calculations FY 2021 proposed Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $0.6 ¥0.4 $0.5 ¥0.3 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation .............................................................................................................................. Fee-relief adjustment ............................................................................................................................................... Billing adjustments ................................................................................................................................................... 0.2 N/A 0.0 0.0 0.1 N/A N/A 0.0 Total required annual fee recovery .................................................................................................................. 0.2 0.1 In comparison to FY 2020, the FY 2021 proposed annual fee for the uranium recovery fee class is decreasing primarily due to a decline in the budgeted resources because of an expected decrease in casework associated with uranium recovery policy issues, environmental review coordination activities, and guidance development. The NRC regulates DOE’s Title I and Title II activities under the Uranium Mill Tailings Radiation Control Act (UMTRCA).3 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 NRC described the overall methodology for determining fees for UMTRCA in the FY 2002 fee rule (67 FR 42625; June 24, 2002), and the NRC continues to use this methodology. The DOE’s UMTRCA annual fee decreased compared to FY 2020 due to an increase in the 10 CFR part 170 estimated billings for the anticipated workload increases 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: TABLE XII—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS [Actual dollars] FY 2020 final annual fee Summary of costs tkelley on DSKBCP9HB2PROD with PROPOSALS DOE Annual Fee Amount (UMTRCA Title I and Title II) General Licenses: UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts .................................................. 10 percent of generic/other uranium recovery budgeted costs ....................................................................... 10 percent of uranium recovery fee-relief adjustment ..................................................................................... FY 2021 proposed annual fee $114,577 5,573 ¥107 $75,442 5,103 N/A Total Annual Fee Amount for DOE (rounded) .......................................................................................... Annual Fee Amount for Other Uranium Recovery Licenses: 90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for UMTRCA Title I and Title II activities ........................................................................................................... 90 percent of uranium recovery fee-relief adjustment ..................................................................................... 120,000 81,000 50,153 ¥959 45,923 N/A Total Annual Fee Amount for Other Uranium Recovery Licenses ........................................................... 49,194 45,923 3 The Congress established the two programs, Title I and Title II, under UMTRCA to protect the public and the environment from hazards associated with uranium milling. The UMTRCA VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 Title I program is for remedial action at abandoned mill tailings sites where tailings resulted largely from production of uranium for weapons programs. The NRC also regulates DOE’s UMTRCA Title II PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 program, which is directed toward uranium mill sites licensed by the NRC or Agreement States in or after 1978. E:\FR\FM\22FEP1.SGM 22FEP1 10470 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules Further, for any non-DOE licensees, the NRC will continue using a matrix to determine the effort levels associated with conducting generic regulatory actions for the different licensees in the uranium recovery fee class; this is similar to the NRC’s approach for fuel facilities, described previously. The matrix methodology for uranium recovery licensees first identifies the licensee categories included within this fee class (excluding DOE). These categories are: Conventional uranium mills and heap leach facilities, uranium in situ recovery (ISR) and resin ISR facilities, and mill tailings disposal facilities. The matrix identifies the types of operating activities that support and benefit these licensees, along with each activity’s relative weight (See the work papers). Currently, there is only one remaining non-DOE licensee, which is a non-resin in situ recovery facility. Table XIII displays the benefit factors for the non-DOE licensee in that fee category: TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES Number of licensees Fee category Benefit factor per licensee Total value Benefit factor percent total Conventional and Heap Leach mills (2.A.(2)(a)) ............................................. Basic In Situ Recovery facilities (2.A.(2)(b)) .................................................... Expanded In Situ Recovery facilities (2.A.(2)(c)) ............................................ Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ............. 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 2020 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)) ..................................................................... e. Non-Power Production or Utilization Facilities The NRC proposes to collect $0.315 million in annual fees from the nonpower production or utilization facilities fee class in FY 2021, as shown in Table XV. The non-power production or utilization facility fee class replaces the research and test reactor fee class from previous fiscal years. This revised fee class accounts for commercial non- FY 2021 proposed annual fee N/A $49,200 N/A N/A N/A $45,900 N/A N/A reactor production and utilization facilities expected to be used for the production of medical isotopes. The final FY 2020 research and test reactors fees are shown for comparison purposes. TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR NON-POWER PRODUCTION OR UTILIZATION FACILITIES [Actual dollars] FY 2020 final FY 2021 proposed Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $3,317,830 ¥3,030,000 $3,992,782 ¥3,655,000 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation .............................................................................................................................. Fee-relief adjustment ............................................................................................................................................... Billing adjustments ................................................................................................................................................... 287,830 30,713 ¥6,183 12,980 337,782 32,585 N/A ¥55,539 Total required annual fee recovery .................................................................................................................. 325,341 314,827 Total non-power production or utilization facilities licenses ............................................................................. 4 4 Total annual fee per license (rounded) ............................................................................................................ 81,300 78,700 tkelley on DSKBCP9HB2PROD with PROPOSALS Summary fee calculations In comparison to FY 2020, the proposed annual fee for the non-power production or utilization facilities fee VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 class is decreasing, primarily due to a rise in 10 CFR part 170 estimated billings to support the following: (1) PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 Activities associated with the review of the GE Nuclear Test Reactor license renewal application; (2) activities E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules associated with reviewing operating license application(s), construction permit application(s); and (3) conducting pre-application activities for non-power production or utilization facilities. The budgeted resources for the non-power production or utilization facilities fee class increased primarily to support an increased workload for initial licensing activities. The annual fee-recovery amount is divided equally among the four nonpower production or utilization facilities licensees subject to annual fees and results in an FY 2021 proposed annual fee of $78,700 for each licensee. f. Rare Earth The NRC has not allocated any budgeted resources to this fee class; therefore, the NRC is not proposing to 10471 assess an annual fee for this fee class in FY 2021. g. Materials Users The NRC proposes to collect $35.1 million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70, as shown in Table XVI. The FY 2020 materials users fees are shown for comparison purposes. TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS [Dollars in millions] FY 2020 final tkelley on DSKBCP9HB2PROD with PROPOSALS Summary fee calculations FY 2021 proposed Total budgeted resources for licensees not regulated by Agreement States ......................................................... Less estimated 10 CFR part 170 receipts .............................................................................................................. $33.7 ¥1.0 $35.1 ¥1.0 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation .............................................................................................................................. Fee-relief adjustment ............................................................................................................................................... LLW surcharge ........................................................................................................................................................ Billing adjustments ................................................................................................................................................... 32.8 1.2 0.0 0.0 0.1 34.1 1.3 N/A 0.1 ¥0.4 Total required annual fee recovery .................................................................................................................. 34.1 35.1 The formula for calculating 10 CFR part 171 annual fees for the various categories of materials users is described in detail in the work papers. Generally, the calculation results in a single annual fee that includes 10 CFR part 170 costs, such as amendments, renewals, inspections, and other licensing actions specific to individual fee categories. The total annual fee recovery of $35.1 million proposed for FY 2021 shown in Table XVI consists of $27.3 million for general costs and $7.7 million for inspection costs. To equitably and fairly allocate the $35.1 million required to be collected among approximately 2,500 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. In comparison to FY 2020, the proposed annual fees for the materials VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 users fee class are increasing due to the following: (1) The NRC is proposing an increase in the fully costed FTE rate compared to FY 2020; (2) an increase in the budgeted resources for contract costs due to a reduction in the utilization of prior-year unobligated carryover funding compared to FY 2020; and (3) the realignment of budgeted resources that supports contract funding for general license tracking, the materials event database, and rulemaking information technology activities. In addition, the results of the biennial review of fees resulted in some increases and decreases in the proposed annual fees. A constant multiplier is established to recover the total general costs (including allocated generic transportation costs) of $27.3 million. To derive the constant multiplier, the general cost amount is divided by the sum 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 0.99 for FY 2021. The average inspection cost is the average inspection hours for each fee category multiplied by the professional hourly rate of $288. The inspection priority is the interval between routine inspections, expressed in years. The PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 inspection multiplier is established in order to recover the $7.7 million in inspection costs. To derive the inspection multiplier, the inspection costs amount is divided by the sum 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 1.43 for FY 2021. The unique category costs are any special costs that the NRC has budgeted for a specific category of licenses. Please see the work papers for more detail about this classification. The proposed annual fee assessed to each licensee also takes into account a share of approximately $0.087 million in LLW surcharge costs allocated to the materials users fee class (see Table IV, ‘‘Allocation of LLW Surcharge, FY 2021,’’ in Section IV, ‘‘Discussion,’’ of this document). The proposed annual fee for each fee category is shown in the revision to § 171.16(d). h. Transportation The NRC proposes to collect $1.0 million in annual fees to recover generic transportation budgeted resources in FY 2021, as shown in Table XVII. The FY 2020 fees are shown for comparison purposes. E:\FR\FM\22FEP1.SGM 22FEP1 10472 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION [Dollars in millions] FY 2020 final Summary fee calculations FY 2021 proposed Total Budgeted Resources ...................................................................................................................................... Less Estimated 10 CFR part 170 Receipts ............................................................................................................. $7.2 ¥2.8 $8.3 ¥3.6 Net 10 CFR part 171 Resources ..................................................................................................................... Less Generic Transportation Resources ................................................................................................................. Fee-relief adjustment ............................................................................................................................................... Billing adjustments ................................................................................................................................................... 4.4 ¥3.4 0.0 0.0 4.6 ¥3.6 N/A ¥0.1 Total required annual fee recovery .................................................................................................................. 1.0 1.0 In comparison to FY 2020, the proposed annual fee for the transportation fee class is decreasing primarily due to the 10 CFR part 171 billing adjustment and the rise in the 10 CFR part 170 estimated billings to support multiple amendment requests related to new amendment packages. An offset to the decrease in the annual fee transportation fee class is due to the following: (1) An increase in the budgeted resources for contract costs due to a reduction in the utilization of prior-year unobligated carryover funding compared to FY 2020; (2) an increase in the number and complexities of transportation package applications as a result of rising power reactors in decommissioning; and (3) the expanded use of accident tolerant fuels. Consistent with the policy established in the NRC’s FY 2006 final fee rule (71 FR 30721; May 30, 2006), the NRC recovers generic transportation costs unrelated to DOE by including those costs in the annual fees for licensee fee classes. The NRC continues to assess a separate annual fee under § 171.16, fee category 18.A., for DOE transportation activities. The amount of the allocated generic resources is calculated by multiplying the percentage of total CoCs used by each fee class (and DOE) by the total generic transportation resources to be recovered. This resource distribution to the licensee fee classes and DOE is shown in Table XVIII. Note that for the nonpower production or utilization facilities fee class, the NRC allocates the distribution to only those licensees that are subject to annual fees. Although five CoCs benefit the entire non-power production or utilization facilities fee class, only 4 out of 31 non-power production or utilization facilities licensees are subject to annual fees. Consequently, the number of CoCs used to determine the proportion of generic transportation resources allocated to annual fees for the non-power production or utilization facilities fee class has been adjusted to 0.7 so these licensees are charged a fair and equitable portion of the total fees (See the work papers). TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2021 [Dollars in millions] Number of CoCs benefiting fee class or DOE tkelley on DSKBCP9HB2PROD with PROPOSALS Licensee fee class/DOE Percentage of total CoCs Allocated generic transportation resources Materials Users ............................................................................................................................ Operating Power Reactors .......................................................................................................... Spent Fuel Storage/Reactor Decommissioning .......................................................................... Non-Power Production or Utilization Facilities ............................................................................ Fuel Facilities ............................................................................................................................... 25.0 5.0 16.0 0.7 24.0 27.3 5.5 17.5 0.7 26.2 1.3 0.3 0.8 0.0 1.2 Sub-Total of Generic Transportation Resources ................................................................. DOE ............................................................................................................................................. 70.7 21.0 77.1 22.9 3.6 1.1 Total ...................................................................................................................................... 91.7 100.0 4.6 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 2021—Policy Changes The NRC is proposing two policy changes for FY 2021: VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 Process for Disputing Errors in Invoices for Service Fees Section 102(d)(3) of NEIMA requires the NRC to ‘‘modify regulations to ensure fair and appropriate processes to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in invoices’’ for service fees. The NRC is proposing requirements for a standard method for licensees and applicants to efficiently dispute or seek review and correction of errors in PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 invoices. The proposed process is illustrated in the process map, ‘‘NRC Form 529, Processing Dispute of FeesFor-Service Charges’’ (ADAMS Accession No. ML20311A159). This proposed process follows the established method for licensees and applicants to submit requests for the review of fees assessed under 10 CFR part 170 (ADAMS Accession No. ML20104C055). The NRC Form 529 will be available in the agency’s eBilling system, on the agency’s public site, and E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules tkelley on DSKBCP9HB2PROD with PROPOSALS can be found under ADAMS Accession No. ML20339A673. Standard use of an NRC form and amendments to the current regulations in § 15.31 will increase efficiency by providing the licensees and applicants with clear guidelines and expectations for submitting a fee dispute. It will also eliminate ambiguity regarding the appropriate information needed for the NRC to consider and make a determination on a fee dispute. In response to NEIMA’s requirement that the NRC modify its regulations to provide licensees and applicants an opportunity to efficiently dispute or otherwise seek review and correction of errors in service fee invoices. The NRC proposes to revise its regulations in 10 CFR part 15. Specifically the NRC is proposing revisions to § 15.31, ‘‘Disputed debts,’’ with conforming amendments in §§ 15.37, ‘‘Interest, penalties, and administrative costs,’’ 15.53, ‘‘Reasons for suspending collection action,’’ and changing § 170.51, ‘‘Right to review and appeal of prescribed fees,’’ to ‘‘Right to dispute assessed fees.’’ The NRC also proposes to add a new regulation, § 171.26, ‘‘Right to dispute assessed fees,’’ to 10 CFR part 171. These proposed changes outline the interactions between the submitter and the NRC. The proposed process will enhance understanding of the dispute process by setting out the process for submitting a fee dispute, the stages of the decisionmaking process while the dispute is under review, and the manner by which the NRC will notify a debtor after it makes a final determination on a dispute. Additionally, the proposed revisions provide consistent terminology to differentiate fee disputes under 10 CFR part 15 from fee exemptions under 10 CFR parts 170 and 171. Assessment of Annual Fees for Future 10 CFR Part 50 Non-Power Production or Utilization Facility Licensees and for Small Modular Reactor Licensees The NRC proposes to amend § 171.15(a) so that the assessment of annual fees commences after future nonpower production or utilization facility (NPUF) licensees have successfully completed startup testing and have provided written notification to the NRC. In addition, the NRC is proposing to rename the ‘‘research and test reactors’’ fee class the ‘‘non-power production and utilization facility’’ fee class, which would include currently operating research and test reactors and future NPUFs, such as non-reactor NPUF technologies. Finally, the NRC is proposing to amend § 171.15(e) so that the assessment of annual fees for a small VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 modular reactor (SMR) licensee commences after the successful completion of power ascension testing and the licensee provides written notification to the NRC. These proposed policy changes are consistent with the FY 2020 final fee rule that amended the timing of the assessment of annual fees for future 10 CFR part 50 power reactors and 10 CFR part 52 COL holders. Currently, § 171.15(a), requires the NRC to assess annual fees to a test or research reactor (excluding test or research reactors exempted under § 171.11(b)) when the NRC authorizes the licensee to use nuclear materials (i.e., begin operating the reactor in accordance with its license). The NRC has not established a policy for assessing 10 CFR part 171 annual fees to future non-reactor NPUF licensees (e.g., SHINE Medical Technologies, LLC (SHINE)); at this time, the NRC currently assesses only 10 CFR part 170 service fees to prospective applicants for preapplication activities, construction permit holders (i.e., SHINE and Northwest Medical Isotopes, LLC (NWMI)) and applicants for operating licenses (i.e., SHINE) for commercial NPUFs. While the NRC’s fee regulations do not have a fee class for future nonreactor NPUF licensees, the NRC historically has included budgeted resources for NWMI and SHINE within the research and test reactor fee class. The budgeted resources for NWMI and SHINE not recovered in 10 CFR part 170 service fees previously were included in fee-relief. These resources for the development of a medical isotope production infrastructure are now excluded from the fee-recovery requirement under NEIMA as a fee-relief activity identified by the Commission. In anticipation that the NRC could issue an operating license in the future, the NRC is proposing to assess annual fees under § 171.15(a) to non-reactor NPUFs when they have notified the NRC of the successful completion of startup testing. As discussed previously, the NRC is also proposing to rename the ‘‘research and test reactors’’ fee class the ‘‘non-power production and utilization facility’’ fee class to account for new NPUF technologies not included in the research and test reactors fee class. This rule uses the term ‘‘non-power production or utilization facility’’ to have the same meaning as the definition used in SECY–19–0062, ‘‘Final Rule: Non-power Production or Utilization Facility License Renewal’’ (ADAMS Accession No. ML18031A000), dated June 17, 2019.4 The definition would 4 The NPUF final rule would also revise the definition of research reactor in §§ 170.3 and 171.5 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 10473 include production or utilization facilities, licensed under § 50.21(a), § 50.21(c), or § 50.22, as applicable, that are not nuclear power reactors or production facilities within the meaning of paragraphs (1) and (2) of § 50.2, which defines ‘‘Production facility.’’ This definition includes currently operating and future research and test reactors and proposed medical radioisotope facilities that would be licensed under 10 CFR part 50. As such, non-reactor NPUF licensees, such as SHINE, would be included in the same annual fee class as currently operating research and test reactors that pay 10 CFR part 171 annual fees. This proposed approach is consistent with the current approach of combining limited numbers of similar facilities into a single annual fee category, where ‘‘test reactors’’ (of which only one is currently operational) are assessed the same 10 CFR part 171 annual fees as ‘‘research reactors.’’ In addition, the NRC expects that NPUF facilities will request that a single license under 10 CFR part 50 authorize the operation of multiple utilization and/or production facilities. Based on the number of facilities authorized to operate under a single license, the number of staff hours dedicated to licensing and oversight activities for these facilities is not expected to differ significantly compared to those for the current operating fleet of NPUFs. Furthermore, stakeholders have previously supported this approach regarding the assessment of 10 CFR part 171 annual fees for future NPUFs. Therefore, a single annual fee would be appropriate even where an NPUF licensee has multiple facilities operating under a single 10 CFR part 50 license. SMR licenses can be issued under 10 CFR part 50 or 10 CFR part 52. Currently, § 171.15, requires the NRC to assess annual fees to a 10 CFR part 50 SMR licensee upon issuance of an operating license, or to a 10 CFR part 52 SMR COL holder after the Commission has made the finding under § 52.103(g) for all licenses held for an SMR site. The annual fee would be determined using the cumulative licensed thermal power rating of all SMR units and the bundled unit concept. For a given site, the use of the bundled unit concept is to conform to other definitions in 10 CFR chapter I. The NRC is not proposing to change the definition of Research reactor in the specific exemption for federally-owned and State-owned research reactors in § 170.11(a)(9) or § 171.11(b)(2). The current definition in § 171.11(b)(2) is based on the language of OBRA–90. Further, a substantively similar definition of research reactor was included in the provisions of NEIMA that relate to the NRC’s fee recovery structure. Changing the definition of research reactor in § 171.11(b)(2) would therefore be inconsistent with NEIMA. E:\FR\FM\22FEP1.SGM 22FEP1 tkelley on DSKBCP9HB2PROD with PROPOSALS 10474 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules independent of the number of SMR plants, the number of SMR licenses issued, and the sequencing of the SMR licenses that have been issued. There are currently no operating SMRs; therefore, the NRC has not yet assessed an annual fee for this type of licensee. The NRC recognizes that, after the issuance of an operating license under 10 CFR part 50 for NPUFs and SMRs, or a COL and § 52.103(g) finding under 10 CFR part 52 for SMRs, fuel or targets (or both) must be loaded and startup testing (for NPUFs) and power ascension testing (for SMRs) must be completed before the facility begins full licensed operation. As discussed in the statement of considerations for the FY 2020 final fee rule, 10 CFR part 52 COLs for power reactors contain a standard license condition that requires the submittal of written notification to the NRC upon successful completion of power ascension testing. Therefore, the NRC proposes to incorporate a similar license condition into all future 10 CFR part 50 operating licenses for NPUFs and SMRs, and 10 CFR part 52 COLs for SMRs to ensure that the licensee will promptly notify the NRC of the successful completion of startup testing or power ascension testing. The proposed annual fee assessment for future NPUFs and SMR licenses under 10 CFR part 50, and SMRs under 10 CFR part 52, would begin on the date of the licensee’s written notification of the successful completion of startup testing or power ascension testing. Accordingly, the NRC proposes to amend § 171.15(a) and § 171.15(e) so that annual fees commence upon written notification to the NRC of successful completion of startup testing and power ascension testing, rather than upon issuance of the operating license for 10 CFR part 50 NPUFs and SMRs, or issuance of the § 52.103(g) finding for 10 CFR part 52 COL holders for SMRs, but upon written notification to the NRC of successful completion of startup testing and/or power ascension testing. The NRC finds this proposed change to 10 CFR part 171 to be reasonable, fair, and equitable, and to be supported by the public comments the NRC received on PRM–171–1 and on the FY 2020 proposed rule. The NRC also proposes conforming changes to revise § 170.3, ‘‘Definitions,’’ § 171.3, ‘‘Scope,’’ § 171.5, ‘‘Definitions,’’ and § 171.17, ‘‘Proration.’’ 1. 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 biennially 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. For the FY 2021 proposed fee rule, 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 and as a result of the FY 2021 biennial review, the NRC is now proposing to increase the upper tier small entity fee from $4,500 to $4,900 and increase the lower tier fee from $900 to $1,000. This would constitute a 9 percent and 11 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. 2. Amend § 170.1, ‘‘Purpose,’’ To Change the Reference to the Independent Offices Appropriation Act, 1952 The NRC proposes to amend § 170.1 to replace the ‘‘of’’ after Independent Offices Appropriation Act with a comma to make the reference to the legislation consistent with references in other NRC contexts. FY 2021—Administrative Changes 3. Amend § 170.3, ‘‘Definitions,’’ To Eliminate Definitions for ‘‘Balance of Plants,’’ ‘‘Nuclear Steam Supply System,’’ and ‘‘Reference Systems Concept’’ The NRC proposes to make six administrative changes: The NRC proposes to amend § 170.3 to eliminate definitions for ‘‘Balance of VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 plants,’’ ‘‘Nuclear Steam Supply System,’’ and ‘‘Reference systems concept.’’ These definitions are no longer applicable in 10 CFR part 170. These definitions were added in the FY 1977 final fee rule (43 FR 7210; March 23, 1978) to resolve issues concerning assessing fees for balance of plant reviews, related to a previous fee category (category A.4.b in the table at § 170.21 for standardized designreference systems concept), that was not subject to full cost recovery. In the FY 1991 final fee rule, the NRC amended 10 CFR parts 52 and 170 to assess licensing fees for the review of standardized reactor designs, which would be subject to full cost recovery (56 FR 31472; July 10, 1991). This proposed amendment to eliminate these definitions will not impact the NRC’s assessment of 10 CFR part 170 fees for service. 4. Remove Footnote 6 to the Table in § 170.21, and Footnote 12 to the Table in § 170.31 The NRC proposes to remove footnote 6 to the table in § 170.21 and footnote 12 to the table in § 170.31 because (1) Congress has not enacted legislation that would exclude import and export activities from the fee-recoverable budget in FY 2021; and (2) in accordance with NEIMA, for FY 2021, the NRC identified international activities as fee-relief activities, but it did not include resources for import and export licensing. The NRC is therefore proposing to charge fees for import and export licensing actions. 5. Amend § 171.5, ‘‘Definitions,’’ To Replace the Reference in ‘‘Budget Authority’’ The NRC proposes to amend the definition of ‘‘budget authority’’ to replace the reference to Public Law 101– 508 (i.e., OBRA–90) with a reference to Public Law 115–439 (i.e., NEIMA). Effective October 1, 2020, NEIMA repealed Section 6101 of OBRA–90 and put in place a revised fee recovery framework, requiring the NRC to recover, to the maximum extent practicable, approximately 100 percent of its annual budget, less the budget authority for excluded activities. 6. Amend § 171.11(c), ‘‘Exemptions’’ The NRC proposes to revise § 171.11(c) to change the ‘‘or’’ in the section to ‘‘and.’’ This proposed change would accurately reflect that even when an exemption is ‘‘in the public interest,’’ the NRC cannot grant the exemption unless it is ‘‘authorized by law.’’ This proposed change would also harmonize § 171.11(c) with § 170.11(b), which uses E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules tkelley on DSKBCP9HB2PROD with PROPOSALS ‘‘and.’’ This proposed change would not alter the NRC’s fee exemption policy. Update on the Fees Transformation Initiative In 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), the Commission directed the staff to accelerate its process improvements for setting fees, including the transition to an eBilling system. In addition, the Commission directed the staff to begin the fees transformation activities listed in SECY–16–0097 as ‘‘Process Changes Recommended for Future Consideration—FY 2018 and Beyond.’’ The NRC has completed 39 of the 40 fees transformation activities, including the full implementation of an electronic billing system. In October 2019, the agency released its eBilling system. This public facing, web-based application provides licensees with immediate delivery of NRC invoices, customizable email notifications, capability to view and analyze invoice details, and access to the U.S. Department of the Treasury systems to pay invoices. The eBilling application provides licensees greater transparency and has increased applicant and licensee confidence in the assessed fees and charges. Since the NRC released the eBilling application, 341 licensees have been enrolled and 764 dockets are now available in the application. The one fees transformation activity yet be to completed is the rulemaking to update the NRC’s small business size standards in § 2.810, ‘‘NRC size standards.’’ In FY 2020, the NRC conducted a survey of materials licensees to collect relevant data to help determine the need for changes to the NRC’s small business size standards in § 2.810. In addition, the NRC considered changes in the small business size standards published by the Small Business Administration. On December 7, 2020, the staff submitted SECY–20– 0111, ‘‘Rulemaking Plan to Amend the Receipts-Based NRC Size Standards,’’ to the Commission (ADAMS Accession No. ML20268B327) with the staff’s recommendations for amending the NRC’s receipts-based size standards. The NRC will continue to include updates on this rulemaking activity within the FY 2021 and FY 2022 fee rules to ensure that affected licensees are adequately informed. The public can track all NRC rulemaking activities, including the rulemaking on the NRC’s VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 size standards, on the NRC’s Rulemaking Tracking and Reporting system at https://www.nrc.gov/readingrm/doc-collections/rulemakingruleforum/active/RuleIndex.html, or by Docket ID NRC–2014–0264 at http:// www.regulations.gov. For more information, see the fees transformation accomplishments schedule, located on the NRC’s license fees web page at: https://www.nrc.gov/ about-nrc/regulatory/licensing/feestransformation-accomplishments.html. IV. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, as amended (RFA),5 the NRC has prepared a regulatory flexibility analysis related to this proposed rule. The regulatory flexibility analysis is available as indicated in Section XIII Availability of Documents, of this document. V. Regulatory Analysis Under NEIMA, the NRC is required to recover, to the maximum extent practicable, approximately 100 percent of its annual budget for FY 2021 less the budget authority for excluded activities. 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 this proposed rule, the NRC continues this longstanding approach. Therefore, the NRC did not identify any alternatives to the current fee structure guidelines and did not prepare a regulatory analysis for this proposed rule. VI. Backfitting and Issue Finality The NRC has determined that the backfit rule, § 50.109, does not apply to this proposed rule and that a backfit analysis is not required because these amendments do not require the modification of, or addition to, (1) systems, structures, components, or the design of a facility; (2) the design approval or manufacturing license for a facility; or (3) the procedures or organization required to design, construct, or operate a facility. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to 5 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104– 121, Title II, 110 Stat. 847 (1996). PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 10475 write documents in a clear, concise, and well-organized manner. The NRC wrote this document to be consistent with the Plain Writing Act, as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31885). The NRC requests comment on the clarity and effectiveness of the language used in this proposed rule. VIII. National Environmental Policy Act The NRC has determined that this proposed rule is the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor environmental assessment has been prepared for this proposed rule. IX. Paperwork Reduction Act This proposed rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Act. In accordance with 5 CFR 1320.4(a)(2), NRC Forms 527 and 529 are also not subject to the requirements of the Paperwork Reduction Act. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. X. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104–113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this proposed rule, the NRC proposes to amend the licensing, inspection, and annual fees charged to its licensees and applicants, as necessary, to recover, to the maximum extent practicable, approximately 100 percent of its annual budget for FY 2021 less the budget authority for excluded activities, as required by NEIMA. This action does not constitute the establishment of a standard that contains generally applicable requirements. XI. Availability of Guidance The Small Business Regulatory Enforcement Fairness Act requires all Federal agencies to prepare a written compliance guide for each rule for which the agency is required by 5 U.S.C. E:\FR\FM\22FEP1.SGM 22FEP1 10476 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 604 to prepare a regulatory flexibility analysis. The NRC, in compliance with the law, prepared the ‘‘Small Entity Compliance Guide’’ for the FY 2021 proposed fee rule. The compliance guide was developed when the NRC completed the small entity biennial review for FY 2021. This compliance guide is available as indicated in Section XII, Availability of Documents, of this document. The NRC will conduct a public meeting to describe the FY 2021 proposed rule and answer questions from the public on the proposed rule. The NRC will publish a notice of the location, time, and agenda of the meeting on the NRC’s public meeting website within 10 calendar days of the meeting. Stakeholders should monitor Documents Fees Transformation Accomplishments ................................................... 10 CFR Part 15 Administrative practice and procedure, Claims, Debt collection. tkelley on DSKBCP9HB2PROD with PROPOSALS 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. ML052580332. ML16194A365. ML16293A902. ML20024D764. ML20104C055. ML20311A159. ML20339A673. ML20346A173. ML20317A090. ML20321A229. ML20318A107. ML18031A000. ML20268B327. 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. https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformationaccomplishments.html. PART 15—DEBT COLLECTION PROCEDURES 1. The authority citation for part 15 continues to read as follows: ■ 10 CFR Part 171 Annual charges, Approvals, Byproduct material, Holders of certificates, Intergovernmental relations, Nonpayment penalties, Nuclear materials, Nuclear power plants and reactors, Registrations, Source material, Special nuclear material. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; Jkt 253001 The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing to adopt the following amendments to 10 CFR parts 15, 170, and 171: List of Subjects 18:29 Feb 19, 2021 XIII. Availability of Documents ADAMS Accession No./web link SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ dated September 15, 2005. SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 Proposed Fee Rule,’’ dated August 15, 2016. Staff Requirements Memorandum for SECY–16–0097, dated October 19, 2016. NUREG–1100, Volume 36, ‘‘Congressional Budget Justification: Fiscal Year 2021’’ (February 2020). Process map, ‘‘NRC Form 527, Request for Information Related to Fees-for-Service’’. Process map, ‘‘NRC Form 529, Processing Dispute of Fees-For-Service Charges’’. NRC Form 529, ‘‘Dispute of Fees-For-Service Charges in Accordance with Title 10 of the Code of Federal Regulations (10 CFR) Processing Dispute of Fees-For-Service Charges § 170.51’’. FY 2021 Proposed Rule Work Papers ..................................................... FY 2021 Proposed Fee Rule ................................................................... FY 2021 Regulatory Flexibility Analysis ................................................... FY 2021 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide. SECY–19–0062, ‘‘Final Rule: Non-Power Production or Utilization Facility License Renewal,’’ dated June 17, 2019. SECY–20–0111, ‘‘Rulemaking Plan to Amend the Receipts-Based NRC Size Standards,’’ dated December 7, 2020. NRC Form 526, ‘‘Certification of Small Entity Status for the Purposes of Annual Fees Imposed under 10 CFR Part 171’’. OMB Circular A–25, ‘‘User Charges’’ ....................................................... VerDate Sep<11>2014 the NRC’s public meeting website for information about the public meeting at: http://www.nrc.gov/public-involve/ public-meetings/index.cfm. XII. Public Meeting Authority: Atomic Energy Act of 1954, secs. 161, 186 (42 U.S.C. 2201, 2236); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 3701, 3713, 3716, 3719, 3720A; 42 U.S.C. 664; 44 U.S.C. 3504 note; 31 CFR parts 900 through 904; 31 CFR part 285; E.O. 12146, 44 FR 42657, 3 CFR, 1979 Comp., p. 409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 Comp., p. 157. ■ 2. Revise § 15.31 to read as follows: § 15.31 Disputed debts. (a) Submitting a dispute of debt. For any type of charges assessed by the PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 NRC, a debtor may submit a dispute of debt within 45 days from the date of the initial demand letter. The debtor shall explain why the debt is incorrect in fact or in law and may support the explanation by affidavit, cancelled checks, or other relevant evidence. The dispute must be submitted to the Office of the Chief Financial Officer via the eBilling system, by email to FeeBillingInquiries.Resource@nrc.gov, or by mail to the Office of the Chief Financial Officer at: U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attn: Chief Financial Officer. For debt disputes related to charges for 10 CFR part 170 fees, the debtor must complete and submit an NRC Form 529 with the required information. (b) Notification of receipt. Following receipt of the dispute, the NRC will acknowledge receipt to the contact person identified by the debtor. E:\FR\FM\22FEP1.SGM 22FEP1 10477 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules (c) Dispute review. The NRC will consider the facts involved in the dispute and, if it considers it necessary, arrange for a conference during which the debtor may present evidence and any arguments in support of the debtor’s position. If the debtor’s dispute potentially raises an error, the NRC may extend the interest waiver period as described in § 15.37(j) pending a final determination of the existence or amount of the debt. (d) Dispute resolution. If the NRC finds that the dispute has not identified an error, the NRC will notify the dispute contact. If the NRC finds that the dispute has identified an error, the NRC will: (1) Notify the dispute contact; (2) Make corrections to the charges or information on the demand letter; and (3) Issue a revised demand letter. ■ 3. In § 15.37, revise paragraph (j) to read as follows: § 15.37 Interest, penalties, and administrative costs. * * * * * (j) The NRC may waive interest during the period a debt disputed under § 15.31 is under consideration by the NRC. However, this additional waiver is not automatic and must be requested before the expiration of the initial 30-day waiver period. The NRC may grant the additional waiver only when it finds the debtor’s dispute potentially raises an error. * * * * * 4. In § 15.53, revise paragraphs (c) and (e) to read as follows: ■ § 15.53 action. Reasons for suspending collection * * * * * (c) The debtor has requested a review of the debt or has disputed the debt. * * * * * (e)(1) The NRC shall suspend collection activity during the time required for consideration of the debtor’s request for review or dispute of the debt, if the statute under which the request is sought prohibits the NRC from collecting the debt during that time. (2) If the statute under which the request is sought does not prohibit collection activity pending consideration of the request, the NRC may use discretion, on a case-by-case basis, to suspend collection. Further, the NRC ordinarily should suspend collection action upon a request for review or dispute of the debt, if the NRC is prohibited by statute or regulation from issuing a refund of amounts collected prior to NRC consideration of the debtor’s request. However, the NRC should not suspend collection when the NRC determines that the request for review or dispute of the debt is frivolous or was made primarily to delay collection. * * * * * PART 170—FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED 5. The authority citation for part 170 is revised 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. 2215; 31 U.S.C. 901, 902, 9701; 44 U.S.C. 3504 note. ■ 6. Revise § 170.1 to read as follows: § 170.1 Purpose. The regulations in this part set out fees charged for licensing services, inspection services, and special projects rendered by the Nuclear Regulatory Commission as authorized under title V of the Independent Offices Appropriation Act, 1952 (31 U.S.C. 9701(a)). ■ 7. In § 170.3: ■ a. Remove the defition of ‘‘Balance of plants’’; ■ b. Add a definition for ‘‘Non-power production or utilization facility’’ in alphabetical order; and ■ c. Remove the definitions of ‘‘Nuclear Steam Supply System’’ and ‘‘Reference systems concept’’. The addition reads as follows: § 170.3 Definitions. * * * * * Non-power production or utilization facility means a production or utilization facilities licensed under 10 CFR 50.21(a) or (c), or 10 CFR 50.22, as applicable, that is not a nuclear power reactor or production facility as defined under paragraphs (1) and (2) of the definition of ‘‘production facility’’ in 10 CFR 50.2. * * * * * § 170.20 [Amended] 8. In § 170.20, remove the dollar amount ‘‘$279’’ and add in its place the dollar amount ‘‘$288’’. ■ 9. In § 170.21, in the table, revise the table heading and the entry for ‘‘K. Import and export licenses’’ and remove footnote 6. The revision reads 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. * * * * * TABLE 1 TO § 170.21—SCHEDULE OF FACILITY FEES [See footnotes at end of table] Fees 1 2 tkelley on DSKBCP9HB2PROD with PROPOSALS Facility categories and type of fees * * * * * * K. Import and export licenses: Licenses for the import and export only of production or utilization facilities or the export only of components for production or utilization facilities issued under 10 CFR part 110. 1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request ..................................................................... 2. Application for export of reactor and other components requiring Executive Branch review, for example, those actions under 10 CFR 110.41(a). Application—new license, or amendment; or license exemption request ..................................................................... 3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request ..................................................................... 4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, or obtaining foreign government assurances. Application—new license, or amendment; or license exemption request ..................................................................... VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 * $20,200 4,300 14,400 4,900 10478 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE 1 TO § 170.21—SCHEDULE OF FACILITY FEES—Continued [See footnotes at end of table] Fees 1 2 Facility categories and type of fees 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 .......................................................................................................................................... 4,300 1 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. 3 Inspections covered by this schedule are both routine and non-routine safety and safeguards inspections performed by NRC for the purpose of review or follow-up of a licensed program. Inspections are performed through the full term of the license to ensure that the authorized activities are being conducted in accordance with the Atomic Energy Act of 1954, as amended, other legislation, Commission regulations or orders, and the terms and conditions of the license. Non-routine inspections that result from third-party allegations will not be subject to fees. 4 Imports only of major components for end-use at NRC-licensed reactors are authorized under NRC general import license in 10 CFR 110.27. 5 Full cost fees will be assessed once NRC work on a Touhy request exceeds 50 hours, in accordance with § 170.12(d). 10. 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. * * * * * TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES [See footnotes at end of table] tkelley on DSKBCP9HB2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fees 2 3 1. Special nuclear material; 11 A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities. (a) Strategic Special Nuclear Material (High Enriched Uranium) 6 [Program Code(s): 21213] ................................. (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 6 [Program Code(s): 21210]. (2) All other special nuclear materials licenses not included in Category 1.A. (1) which are licensed for fuel cycle activities.6 (a) Facilities with limited operations 6 [Program Code(s): 21240, 21310, 21320] ...................................................... (b) Gas centrifuge enrichment demonstration facilities.6 [Program Code(s): 21205] ................................................ (c) Others, including hot cell facilities.6 [Program Code(s): 21130, 21133] ............................................................... B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI) 6 [Program Code(s): 23200] C. Licenses for possession and use of special nuclear material of less than a critical mass as defined in § 70.4 in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers.4 Application [Program Code(s): 22140] ............................................................................................................................... D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A.4 Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22170, 23100, 23300, 23310]. E. Licenses or certificates for construction and operation of a uranium enrichment facility 6 [Program Code(s): 21200] ....... F. Licenses for possession and use of special nuclear material greater than critical mass as defined in § 70.4 of this chapter, for development and testing of commercial products, and other non-fuel-cycle activities.4 6 [Program Code(s): 22155]. 2. Source material; 11 A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride or for deconverting uranium hexafluoride in the production of uranium oxides for disposal.6 [Program Code(s): 11400]. (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heapleaching, ore buying stations, ion-exchange facilities, and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode.6 (a) Conventional and Heap Leach facilities 6 [Program Code(s): 11100] .................................................................. (b) Basic In Situ Recovery facilities 6 [Program Code(s): 11500] ............................................................................... (c) Expanded In Situ Recovery facilities 6 [Program Code(s): 11510] ....................................................................... (d) In Situ Recovery Resin facilities 6 [Program Code(s): 11550] .............................................................................. (e) Resin Toll Milling facilities 6 [Program Code(s): 11555] ........................................................................................ (f) Other facilities 6 [Program Code(s): 11700] ........................................................................................................... VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 Full Cost. Full Cost. Full Full Full Full Cost. Cost. Cost. Cost. $1,300. $2,700. Full Cost. Full Cost. Full Cost. Full Full Full Full Full Full Cost. Cost. Cost. Cost. Cost. Cost. 10479 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] tkelley on DSKBCP9HB2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fees 2 3 (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] ................................................................................... (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] ............................................................................................................................... VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 Full Cost. Full Cost. $1,300. $6,200. $2,900. $2,700. $2,700. $13,500. $17,900. $22,400. $3,700. $5,000. $6,200. $5,400. $7,200. $8,900. N/A. $3,300. $6,700. $64,300. 10480 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] tkelley on DSKBCP9HB2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fees 2 3 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] ............................................................................................... 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] ............................................................................................................................... VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 $6,900. $15,300. $2,100. $1,200. $5,700. $7,500. $9,400. $8,600. $9,200. $9,200. $12,200. $15,300. $6,600. $8,800. $10,900. $800. $2,600. $2,600. $14,700. 10481 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] tkelley on DSKBCP9HB2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fees 2 3 4. Waste disposal and processing:11 A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material. Application [Program Code(s): 03231, 03233, 03236, 06100, 06101] .............................................................................. B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03234] ............................................................................................................................... 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. 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] ................................................................................................................................. 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] ............................................................................................................................... 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, 02310] ................................................................................................................... (1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 6–20. Application [Program Code(s): 04510, 04512] ........................................................................................................... (2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: More than 20. Application [Program Code(s): 04511, 04513] ........................................................................................................... B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: 1–5. Application [Program Code(s): 02110] ............................................................................................................................... (1). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: 6–20. Application [Program Code(s): 04710] ........................................................................................................................ (2). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: More than 20. Application [Program Code(s): 04711] ........................................................................................................................ C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: 1–5. Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ................. (1). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: 6–20. Application [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] .......... (2). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: More than 20. Application [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] .......... 8. Civil defense: 11 VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 Full Cost. $7,200. $5,200. $4,800. Full Cost. $22,900. $11,500. $15,300. $19,100. $9,000. $11,900. $14,900. $10,900. $9,000. $11,300. 10482 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] tkelley on DSKBCP9HB2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fees 2 3 A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities. Application [Program Code(s): 03710] ............................................................................................................................... 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution. Application—each device ................................................................................................................................................... B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. Application—each device ................................................................................................................................................... C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution. Application—each source ................................................................................................................................................... D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Application—each source ................................................................................................................................................... 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ........................................................................................ 2. Other Casks ................................................................................................................................................................... B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators. Application ................................................................................................................................................................... Inspections .................................................................................................................................................................. 2. Users. Application ................................................................................................................................................................... Inspections .................................................................................................................................................................. C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices) 11. Review of standardized spent fuel facilities ............................................................................................................................... 12. Special projects: Including approvals, pre-application/licensing activities, and inspections. Application [Program Code: 25110] ................................................................................................................................... 13. A. Spent fuel storage cask Certificate of Compliance ............................................................................................................... B. Inspections related to storage of spent fuel under § 72.210 of this chapter ........................................................................ 14. Decommissioning/Reclamation: 11 A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200]. B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, regardless of whether or not the sites have been previously licensed. 15. Import and Export licenses: Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 15.E.). A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request .................................................................. B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection Agency, etc.). Application—new license, or amendment; or license exemption request .................................................................. C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances. 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: VerDate Sep<11>2014 19:35 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 $2,600. $17,900. $9,300. $5,500. $1,100. Full Cost. Full Cost. $4,300. Full Cost. $4,300. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. $20,200. $4,300. $14,400. $4,900. $4,900. 10483 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] Category of materials licenses and type of fees 1 Fees 2 3 F. Application for export of appendix P Category 1 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)) and to obtain one government-to-government consent for this process. For additional consent see fee category 15.I. Application—new license, or amendment; or license exemption request ......................................................................... G. Application for export of appendix P Category 1 materials requiring Executive Branch review and to obtain one government-to-government consent for this process. For additional consents see fee category 15.I. Application—new license, or amendment; or license exemption request ......................................................................... H. Application for export of appendix P Category 1 materials and to obtain one government-to-government consent for this process. For additional consents see fee category 15.I. Application—new license, or amendment; or license exemption request ......................................................................... I. Requests for each additional government-to-government consent in support of an export license application or active export license. Application—new license, or amendment; or license exemption request ......................................................................... Category 2 (Appendix P, 10 CFR Part 110) Exports: J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)). Application—new license, or amendment; or license exemption request ......................................................................... K. Applications for export of appendix P Category 2 materials requiring Executive Branch review. Application—new license, or amendment; or license exemption request ......................................................................... L. Application for the export of Category 2 materials. Application—new license, or amendment; or license exemption request ......................................................................... M. [Reserved] ............................................................................................................................................................................ N. [Reserved] ............................................................................................................................................................................. O. [Reserved] ............................................................................................................................................................................ P. [Reserved] ............................................................................................................................................................................. Q. [Reserved] ............................................................................................................................................................................ Minor Amendments (Category 1 and 2, Appendix P, 10 CFR Part 110, Export): R. Minor amendment of any active export license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign authorities. Minor amendment .............................................................................................................................................................. 16. Reciprocity: Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20. Application .......................................................................................................................................................................... 17. Master materials licenses of broad scope issued to Government agencies. Application [Program Code(s): 03614] ...................................................................................................................................... 18. Department of Energy. A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers (including spent fuel, high-level waste, and other casks, and plutonium air packages) B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities. tkelley on DSKBCP9HB2PROD with PROPOSALS 1 Types $17,300. $8,600. $4,900. $1,400. $17,300. $8,600. $2,900. N/A. N/A. N/A. N/A. N/A. $1,400. $2,700. Full Cost. Full Cost. Full Cost. 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 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.) VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 10484 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 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. ■ 11. Revise § 170.51 to read as follows: § 170.51 Right to dispute assessed fees. All debtors’ disputes of fees assessed must be submitted in accordance with 10 CFR 15.31, ‘‘Disputed Debts.’’ 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 12. The authority citation for part 171 is revised 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. 2215; 44 U.S.C. 3504 note. ■ 13. Revise § 171.3 to read as follows: tkelley on DSKBCP9HB2PROD with PROPOSALS § 171.3 Scope. The regulations in this part apply to any person holding an operating license for a non-power production or utilization facility issued under part 50 of this chapter that has provided notification to the NRC that the licensee has successfully completed startup testing, and to any person holding an operating license for a power reactor or small modular reactor licensed under 10 CFR part 50 or a combined license issued under 10 CFR part 52 that has provided notification to the NRC that the licensee has successfully completed power ascension testing. The regulations in this part also apply to any person holding a materials license as defined in this part, a Certificate of Compliance, a sealed source or device registration, a quality assurance program approval, and to a Government agency as defined in this part. Notwithstanding the other provisions in this section, the regulations in this part do not apply to uranium recovery and fuel facility licensees until after the Commission verifies through inspection that the facility has been constructed in VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 accordance with the requirements of the license. ■ 14. In § 171.5, revise the definition of ‘‘Budget authority’’ and add a definition for ‘‘Non-power production or utilization facility’’ in alphabetical order to read as follows: ■ § 171.5 (a) Each person holding an operating license for one or more non-power production or utilization facilities under 10 CFR part 50 that has provided notification to the NRC of the successful completion of startup testing; each person holding an operating license for a power reactor licensed under 10 CFR part 50 or a combined license under 10 CFR part 52 that has provided notification to the NRC of the successful completion of power ascension testing; each person holding a 10 CFR part 50 or 10 CFR 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 10 CFR part 72 license who does not hold a 10 CFR part 50 or 10 CFR 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 (a) does not apply to test or research reactors exempted under § 171.11(b). (b)(1) The FY 2021 annual fee for each operating power reactor that must be collected by September 30, 2021, is $4,804,000. (2) The FY 2021 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. 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 2021 base annual fee for operating power reactors are as follows: * * * * * (c)(1) The FY 2021 annual fee for each power reactor holding a 10 CFR part 50 Definitions. * * * * * Budget authority means the authority, in the form of appropriations, provided by law and becoming available during the year, to enter into obligations that will result in immediate or future outlays involving Federal Government funds. The appropriation is an authorization by an Act of Congress that permits the NRC to incur obligations and to make payments out of the Treasury for specified purposes. Fees assessed pursuant to Public Law 115– 439 are based on NRC budget authority. * * * * * Non-power production or utilization facility means a production or utilization facility licensed under 10 CFR 50.21(a) or (c), or 10 CFR 50.22, as applicable, that is not a nuclear power reactor or production facility as defined under paragraphs (1) and (2) of the definition of ‘‘production facility’’ in 10 CFR 50.2. * * * * * ■ 15. In § 171.11, revise paragraph (c) to read as follows: § 171.11 Exemptions. * * * * * (c) The Commission may, upon application by an interested person or on its own initiative, grant an exemption from the requirements of this part that it determines is authorized by law and otherwise in the public interest. * * * * * ■ 16. In § 171.15: ■ a. Revise the section heading; ■ b. Revise paragraphs (a), (b)(1), (b)(2) introductory text, (c)(1), and (c)(2) introductory text; ■ c. Remove paragraph (d); ■ d. Redesignate paragraphs (e) and (f) as paragraphs (d) and (e); and PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 e. Revise newly designated paragraphs (d) and (e). The revisisons read as follows: § 171.15 Annual fees: Non-power production or utilization licenses, reactor licenses, and independent spent fuel storage licenses. E:\FR\FM\22FEP1.SGM 22FEP1 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules license or combined license issued under 10 CFR part 52 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 or a 10 CFR part 52 combined license, is $246,000. (2) The FY 2021 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). The activities comprising the FY 2021 spent fuel storage/reactor decommissioning rebaselined annual fee are: * * * * * (d)(1) Each person holding an operating license for an SMR issued under 10 CFR part 50 or a combined license issued under 10 CFR part 52 that has provided notification to the NRC of the successful completion startup testing, shall pay the annual fee for all licenses held for an SMR site. The annual fee will be determined using the 10485 cumulative licensed thermal power rating of all SMR units and the bundled unit concept, during the fiscal year in which the fee is due. For a given site, the use of the bundled unit concept is independent of the number of SMR plants, the number of SMR licenses issued, or the sequencing of the SMR licenses that have been issued. (2) The annual fees for a small modular reactor(s) located on a single site to be collected by September 30 of each year, are as follows: TABLE 1 TO PARAGRAPH (d)(2) Bundled unit thermal power rating Minimum fee First Bundled Unit: 0 MWt ≤250 MWt ................................................................................................................. >250 MWt ≤2,000 MWt ........................................................................................................ >2,000 MWt ≤4,500 MWt ..................................................................................................... Additional Bundled Units: 0 MWt ≤2,000 MWt .............................................................................................................. >2,000 MWt ≤4,500 MWt ..................................................................................................... (3) The annual fee for an SMR collected under this paragraph (d) is in lieu of any fee otherwise required under paragraph (b) of this section. The annual fee under this paragraph (d) covers the same activities listed for power reactor base annual fee and spent fuel storage/ reactor decommissioning reactor fee. (e) The FY 2021 annual fee for licensees authorized to operate one or more non-power production or utilization facilities under a single 10 CFR part 50 license, unless the reactor is exempted from fees under § 171.11(b), is $78,700. ■ 17. In § 171.16, revise paragraphs (c) and (d) and remove paragraph (e). The revisions 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 Variable fee Maximum fee TBD TBD N/A N/A TBD N/A N/A N/A TBD N/A N/A TBD N/A N/A TBD 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 table 1 to paragraph (c). 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: TABLE 1 TO PARAGRAPH (c) Maximum annual fee per licensed category tkelley on DSKBCP9HB2PROD with PROPOSALS NRC Small Entity Classification Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): $485,000 to $7 million .................................................................................................................................................................. Less than $485,000 ...................................................................................................................................................................... Small Not-For-Profit Organizations (Annual Gross Receipts): $485,000 to $7 million .................................................................................................................................................................. Less than $485,000 ...................................................................................................................................................................... Manufacturing Entities that Have An Average of 500 Employees or Fewer: 35 to 500 employees ............................................................................................................................................................. Fewer than 35 employees ............................................................................................................................................................ Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 49,999 .......................................................................................................................................................................... Fewer than 20,000 ....................................................................................................................................................................... Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: 35 to 500 employees .................................................................................................................................................................... Fewer than 35 employees ............................................................................................................................................................ (d) The FY 2021 annual fees for materials licensees and holders of certificates, registrations, or approvals VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 subject to fees under this section are shown table 2 to paragraph (d): PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 $4,900 1,000 4,900 1,000 4,900 1,000 4,900 1,000 4,900 1,000 10486 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE 2 TO PARAGRAPH (d)—SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC [See footnotes at end of table] Annual fees 1 2 3 tkelley on DSKBCP9HB2PROD with PROPOSALS Category of materials licenses 1. Special nuclear material: A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities. (a) Strategic Special Nuclear Material (High Enriched Uranium) 15 [Program Code(s): 21213] ................................... (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 [Program Code(s): 21205] ..................................................... (c) Others, including hot cell facility 15 [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) 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] ......................................................................................... (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).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] .................................................................................................................................... (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] ............................................................................................................ VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 $4,835,000 1,639,000 N/A N/A N/A N/A 2,400 5,700 2,107,000 4,300 486,000 N/A 45,900 N/A 5 N/A 5 N/A 5 N/A 5 N/A N/A 2,700 8,900 5,100 6,300 8,500 27,200 36,200 45,200 9,500 12,700 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10487 TABLE 2 TO PARAGRAPH (d)—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 tkelley on DSKBCP9HB2PROD with PROPOSALS Category of materials licenses (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.21 [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 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 15,700 9,000 11,900 16,100 5 N/A 9,900 8,800 71,500 8,600 17,200 3,500 2,600 12,500 16,500 20,500 13,300 15,100 29,000 38,500 10488 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE 2 TO PARAGRAPH (d)—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. tkelley on DSKBCP9HB2PROD with PROPOSALS 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 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 48,300 9,800 13,000 16,200 13 N/A 6,000 6,400 23,700 22,400 15,700 8,700 12,400 5 N/A 27,900 27,000 35,900 44,900 36,800 49,000 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10489 TABLE 2 TO PARAGRAPH (d)—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 tkelley on DSKBCP9HB2PROD with PROPOSALS Category of materials licenses (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, 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 [Program Code(s): 03237, 03238] .................................. 61,200 16,700 16,800 20,800 6,000 17,800 9,200 5,500 1,100 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 337,000 10 996,000 81,000 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. VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 10490 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter. 3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal Register for notice and comment. 4 Other facilities include licenses for extraction of metals, heavy metals, and rare earths. 5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider establishing an annual fee for this type of license. 6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2. 10 This includes Certificates of Compliance issued to the U.S. Department of Energy that are not funded from the Nuclear Waste Fund. 11 See § 171.15(c). 12 See § 171.15(c). 13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees. 14 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.) 15 Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A., and licensees paying fees under fee category 17 must pay the largest applicable fee and are not subject to additional fees listed in this table. 16 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 17 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 18 Licensees paying fees under 3.N. are not subject to paying fees under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services authorized on the same license. 19 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2 for broad scope license licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license. 20 No annual fee is charged for a materials license (or part of a materials license) that has transitioned to this fee category because the decommissioning costs will be recovered through 10 CFR part 170 fees, but annual fees may be charged for other activities authorized under the license that are not in decommissioning status. 21 Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to paying fees under 3.N. licenses that authorize services for other licensees authorized on the same license. 18. In § 171.17, revise paragraphs (a)(1) and (2) to read as follows: ■ tkelley on DSKBCP9HB2PROD with PROPOSALS § 171.17 Proration. (a) * * * (1) New licenses. (i) The annual fees for new licenses for power reactors and small modular reactors that are subject to fees under this part, for which the licensee has notified the NRC on or after October 1 of a fiscal year (FY) that the licensee has successfully completed power ascension testing, are prorated on the basis of the number of days remaining in the FY. Thereafter, the full annual fee is due and payable each subsequent FY. (ii) The annual fees for new licenses for non-power production or utilization facilities, 10 CFR part 72 licensees who do not hold 10 CFR part 50 or 10 CFR part 52 licenses, and materials licenses with annual fees of $100,000 or greater for a single fee category for the current FY, that are subject to fees under this part and are granted a license to operate on or after October 1 of a FY, are prorated on the basis of the number of days remaining in the FY. Thereafter, the full annual fee is due and payable each subsequent FY. (2) Terminations. The base operating power reactor annual fee for operating reactor licensees or the annual fee for small modular reactor licensees, who have requested amendment to withdraw operating authority permanently during VerDate Sep<11>2014 18:29 Feb 19, 2021 Jkt 253001 the FY will be prorated based on the number of days during the FY the license was in effect before docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel or when a final legally effective order to permanently cease operations has come into effect. The spent fuel storage/ reactor decommissioning annual fee for reactor licensees who permanently cease operations and have permanently removed fuel from the site during the FY will be prorated on the basis of the number of days remaining in the FY after docketing of both the certifications of permanent cessation of operations and permanent removal of fuel from the site. The spent fuel storage/reactor decommissioning annual fee will be prorated for those 10 CFR part 72 licensees who do not hold a 10 CFR part 50 or 10 CFR part 52 license who request termination of the 10 CFR part 72 license and permanently cease activities authorized by the license during the FY based on the number of days the license was in effect before receipt of the termination request. The annual fee for materials licenses with annual fees of $100,000 or greater for a single fee category for the current FY will be prorated based on the number of days remaining in the FY when a termination request or a request for a possession-only license is received by the NRC, provided the licensee PO 00000 Frm 00032 Fmt 4702 Sfmt 9990 permanently ceased licensed activities during the specified period. The annual fee for non-power production or utilization facilities will be prorated based on the number of days remaining in the FY when the authorization to operate the facility has been permanently removed from the license during the FY. * * * * * ■ 19. Add § 171.26 to read as follows: § 171.26 Right to dispute assessed fees. All debtors’ disputes of fees assessed must be submitted in accordance with 10 CFR 15.31, ‘‘Disputed Debts.’’ Dated: February 12, 2021. For the Nuclear Regulatory Commission. Cherish K. Johnson, Chief Financial Officer. [FR Doc. 2021–03282 Filed 2–19–21; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\22FEP1.SGM 22FEP1

Agencies

[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Proposed Rules]
[Pages 10459-10490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03282]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 15, 170 and 171

[NRC-2018-0292]
RIN 3150-AK24


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to

[[Page 10460]]

amend the licensing, inspection, special project, and annual fees 
charged to its applicants and licensees. These proposed amendments are 
necessary to implement the Nuclear Energy Innovation and Modernization 
Act (NEIMA), which, starting in fiscal year (FY) 2021, requires the NRC 
to recover, to the maximum extent practicable, approximately 100 
percent of its annual budget less certain amounts excluded from this 
fee-recovery requirement. In addition, the NRC is also proposing 
improvements associated with fee invoicing to implement provisions in 
NEIMA.

DATES: Submit comments by March 24, 2021. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received before this 
date. Because NEIMA requires the NRC to collect fees for FY 2021 by 
September 30, 2021, the NRC must finalize any revisions to its fee 
schedules promptly, and thus is unable to grant any extension request 
of the comment period.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0292. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected]. For technical questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this proposed rule.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

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

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0292 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-2018-0292.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209 or 301-415-4737, 
or by email to [email protected]. The ADAMS accession number for 
each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. For the convenience of the reader, the ADAMS accession 
numbers are also provided in a table in the ``Availability of 
Documents'' section of this document.
     Attention: The Public Document Room (PDR), where you may 
examine and order copies of public documents, is currently closed. You 
may submit your request to PDR staff via email at [email protected] 
or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday 
through Friday, except Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2018-0292 in the subject line of your 
comment submission in order to ensure that the NRC is able to make your 
comment submission publicly available in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submissions. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background Statutory Authority

A. Statutory Authority

Revised Fee-Recovery Framework for FY 2021 and Subsequent Fiscal Years
    The NRC is proposing to amend the licensing, inspection, special 
project, and annual fees charged to its applicants and licensees. These 
proposed amendments are necessary to implement Public Law 115-439, 
NEIMA (42 U.S.C. 2215), which the President signed into law on January 
14, 2019. The NEIMA fee-related changes, effective October 1, 2020, 
include (1) repealing the prior fee-recovery framework and replacing it 
with a revised framework and (2) requirements to improve the invoice 
accuracy for service fees.
    Effective October 1, 2020, NEIMA repealed Section 6101 of the 
Omnibus Budget Reconciliation Act of 1990, as amended (OBRA-90) (42 
U.S.C. 2214) and put in place a revised fee-recovery framework for FY 
2021 and subsequent fiscal years, requiring the NRC to recover, to the 
maximum extent practicable, approximately 100 percent of its total 
budget authority for the fiscal year, less the budget authority for 
excluded activities. For FYs 2005 through 2020, OBRA-90 required the 
NRC to recover approximately 90 percent of its budget authority for the 
fiscal year, less amounts for the activities excluded from fee recovery 
under OBRA-90 or other legislation, through fees. The 10 percent of the 
remaining budget authority not recovered through fees was historically 
referred to as fee-relief activities. In this proposed rule, the NRC 
would establish a revised fee-recovery framework, which would eliminate 
the 10 percent limit on

[[Page 10461]]

fee-relief activities. Accordingly, the NRC would no longer provide a 
fee-relief credit (when the amount budgeted for fee-relief activities 
is less than the 10 percent threshold, which would have decreased 
annual fees for licensees) or assess a fee-relief surcharge (when the 
amount budgeted for fee-relief activities is greater than the 10 
percent threshold, which would have increased annual fees for 
licensees) as part of the calculation of annual fees for each licensee 
fee class.
    In FY 2021, 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) NEIMA (42 U.S.C. 2215). The IOAA authorizes and 
encourages Federal agencies to recover--to the fullest extent 
possible--costs attributable to services provided to identifiable 
recipients. Under NEIMA, the NRC must recover, to the maximum extent 
practicable, approximately 100 percent of its annual budget, less the 
budget authority for excluded activities. Under Section 102(b)(1)(B) of 
NEIMA, ``excluded activities'' include any fee-relief activity as 
identified by the Commission, generic homeland security activities, 
waste incidental to reprocessing activities, Nuclear Waste Fund 
activities, advanced reactor regulatory infrastructure activities, 
Inspector General services for the Defense Nuclear Facilities Safety 
Board, research and development at universities in areas relevant to 
the NRC's mission, and a nuclear science and engineering grant program.
    In FY 2021, the fee-relief activities identified by the Commission 
are consistent with prior final fee rules and include Agreement State 
oversight, regulatory support to Agreement States, medical isotope 
production infrastructure, fee exemptions for non-profit educational 
institutions, costs not recovered from small entities under 10 CFR 
171.16(c), generic decommissioning/reclamation activities, the NRC's 
uranium recovery program and unregistered general licenses, potential 
U.S. Department of Defense Program Memorandum of Understanding 
activities (Military Radium-226), and non-military radium sites. In 
addition, for FY 2021, the Commission identified international 
activities, not including the resources for import and export 
licensing, as fee-relief activities to be excluded from the fee-
recovery requirement.
    Under NEIMA, the NRC must use its IOAA authority first to collect 
service fees for NRC work that provides specific benefits to 
identifiable recipients (such as licensing work, inspections, and 
special projects). The NRC's regulations in part 170 of title 10 of the 
Code of Federal Regulations (10 CFR), ``Fees for Facilities, Materials, 
Import and Export Licenses, and Other Regulatory Services Under the 
Atomic Energy Act of 1954, as Amended,'' explain how the agency 
collects service fees from specific beneficiaries. Because the NRC's 
fee recovery under the IOAA (10 CFR part 170) will not equal 100 
percent of the agency's budget authority for the fiscal year, the NRC 
also assesses ``annual fees'' under 10 CFR 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,'' to recover the remaining amount necessary to comply with 
NEIMA.
    In addition, Section 102(b)(3)(B)(i) of NEIMA establishes a new cap 
for the annual fees charged to operating reactor licensees; under this 
provision, the annual fee for an operating reactor licensee, to the 
maximum extent practicable, shall not exceed the annual fee amount per 
operating reactor licensee established in the FY 2015 final fee rule 
(80 FR 37432; June 30, 2015), adjusted for inflation (see Section III, 
Discussion, ``FY 2021 Fee Collection--Revised Annual Fees,'' of this 
proposed rule).

B. Accurate Invoicing

    Section 102(d) of NEIMA requires three sets of actions related to 
NRC invoices for service fees assessed under 10 CFR part 170. First, as 
stated in Section 102(d)(1) of NEIMA, the NRC must ``ensure appropriate 
review and approval prior to the issuance of invoices'' for service 
fees. Second, as stated in Section 102(d)(2) of NEIMA, the NRC must 
``develop and implement processes to audit invoices [for 10 CFR part 
170 service fees] to ensure accuracy, transparency, and fairness.'' 
Third, as stated in Section 102(d)(3) of NEIMA, the NRC is required to 
``modify regulations to ensure fair and appropriate processes to 
provide licensees and applicants an opportunity to efficiently dispute 
or otherwise seek review and correction of errors in invoices'' for 
service fees.
    The NRC developed and implemented process improvements to ensure 
accurate invoicing for the first two actions. First, in July 2019, the 
NRC implemented a new agencywide process to standardize the validation 
of fees, which fully satisfies Section 102(d)(1) and partially 
addresses Section 102(d)(2) of NEIMA. The new standardized process 
improved accountability and oversight within the NRC to ensure that fee 
billing data is correct before appearing on a licensee's invoice. 
Standardizing the fee validation process defines roles and 
responsibilities for performing fee billing validation and 
certification; this standardization process also improves 
accountability and internal controls by adding management oversight to 
improve the accuracy of fee billing data. The NRC's new process will 
lead to improved internal and external auditing of service fee invoices 
to ensure accuracy, transparency, and fairness of invoices. The process 
requires offices with fee billable charges to regularly review and 
certify hours and costs to validate the charges before the NRC sends a 
bill for service fees. On an annual basis, external financial statement 
auditors will conduct an audit of a sample of invoices to determine 
whether the NRC is accurately invoicing in accordance with the NRC's 
fee schedules. Therefore, NRC's invoices will be reviewed and audited 
by both internal and external parties.
    The second NEIMA accurate invoicing action also concerns the 
transparency and fairness of the overall billing process. The NRC is 
firmly committed to the application of fairness and equity in the 
assessment of fees. All 10 CFR part 170 service fees are reassessed and 
published in the Federal Register on a yearly basis. In January 2018, 
the NRC redesigned its invoices to add clarity and transparency for its 
stakeholders; new features included an invoice legend of NRC acronyms 
and the names of individual NRC staff and/or contractor company, if 
applicable, who had performed the work associated with the charges were 
added. In addition, the NRC's staff hours and contractor costs were 
listed separately on invoices so the recipient could view the subtotals 
for the two different categories of costs. Finally, the NRC implemented 
a new data structure to more effectively account for and track all 
billable work at the project level. The structure included a data 
element called an Enterprise Project Identifier (EPID), which provides 
useful details regarding the type of project or work that is being 
billed. Inspection report numbers were converted to EPIDs to provide 
more information, and descriptions of inspection activities were added 
to the invoice. Using this data structure enabled the NRC's licensees 
and other persons assessed service fees to identify how many hours are 
being expended on each of the various activities within a project. To 
further these efforts, the NRC standardized its Cost Activity Codes

[[Page 10462]]

(CACs) for all agency activities to clearly provide licensees with 
consistent descriptions of the work being performed across licensing 
actions, inspections, and over multiple dockets. Invoices for service 
fees are now presented in a more useful and readable manner and hours 
and costs are no longer commingled. As a result, the NRC's invoices 
provide stakeholders greater transparency regarding fees.
    In addition, in October 2019, the NRC released an electronic 
billing (eBilling) system. This public facing, web-based application 
provides persons assessed service fees, including licensees, immediate 
delivery of NRC invoices, customizable email notifications, the 
capability to view and analyze invoice details, and access to the U.S. 
Department of the Treasury systems to pay invoices. The eBilling 
application provides persons assessed service fees, including licensees 
increased billing process transparency and has increased applicant and 
licensee confidence in the assessed fees and charges.
    To address the third action, the NRC is proposing a policy change 
to modify the regulations in 10 CFR chapter I to provide a standard 
process for licensees and applicants to efficiently dispute or 
otherwise seek review and correction of errors in invoices for services 
fees (see Section III, Discussion, ``FY2021--Policy Changes,'' of this 
proposed rule).

III. Discussion

FY 2021 Fee Collection--Overview

    The NRC is issuing this FY 2021 proposed fee rule based on the 
Consolidated Appropriations Act, 2021 (the enacted budget). The 
proposed fee rule reflects a total budget authority in the amount of 
$844.4 million, a decrease of $11.2 million from FY 2020. As explained 
previously, certain portions of the NRC's total budget authority for 
the fiscal year are excluded from NEIMA's fee-recovery requirement 
under Section 102(b)(1)(B) of NEIMA. Based on the FY 2021 enacted 
budget, these exclusions total $123.0 million, consisting of $91.2 
million for fee-relief activities; $17.7 million for advanced reactor 
regulatory infrastructure activities; $11.7 million for generic 
homeland security activities; $1.2 million for waste incidental to 
reprocessing activities; and $1.2 million for Inspector General 
services for the Defense Nuclear Facilities Safety Board. Table I 
summarizes the excluded activities for the FY 2021 proposed rule.

                      Table I--Excluded Activities
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2021
                                                           proposed rule
------------------------------------------------------------------------
Fee-Relief Activities:                                    ..............
    International activities (not including the                     24.7
     resources for import and export licensing).........
    Agreement State oversight...........................            10.4
    Medical isotope production infrastructure...........             5.9
    Fee exemption for nonprofit educational institutions             9.3
    Costs not recovered from small entities under 10 CFR             7.7
     171.16(c)..........................................
    Regulatory support to Agreement States..............            12.3
    Generic decommissioning/reclamation activities (not             16.1
     related to the power reactor and spent fuel storage
     fee classes).......................................
    Uranium recovery program and unregistered general                3.6
     licensees..........................................
    Potential Department of Defense remediation program              1.0
     Memorandum of Understanding activities.............
    Non-military radium sites...........................             0.2
                                                         ---------------
        Subtotal Fee-Relief Activities..................            91.2
Activities under Section 102(b)(1)(B)(ii) of NEIMA                  14.1
 (Generic Homeland Security activities, Waste Incidental
 to Reprocessing activities, and the Defense Nuclear
 Facilities Safety Board)...............................
Advanced reactor regulatory infrastructure activities...            17.7
                                                         ---------------
            Total Excluded Activities...................           123.0
------------------------------------------------------------------------

    After accounting for the exclusions from the fee-recovery 
requirement and net billing adjustments (i.e., for FY 2021 invoices 
that the NRC estimates will not be paid during the fiscal year, less 
payments received in FY 2021 for prior year invoices and current year 
collections made for the termination of one operating power reactor), 
the NRC must recover approximately $708.8 million in fees in FY 2021. 
Of this amount, the NRC estimates that $185.9 million will be recovered 
through 10 CFR part 170 service fees and approximately $522.9 million 
will be recovered through 10 CFR part 171 annual fees. Table II 
summarizes the fee-recovery amounts for the FY 2021 proposed fee rule 
using the enacted budget, and taking into account the budget authority 
for excluded activities and net billing adjustments. For all 
information presented in the following tables, individual values may 
not sum to totals due to rounding. Please see the work papers (ADAMS 
Accession No. ML20346A173) for actual amounts.
    In FY 2021, the explanatory statement associated with the 
Consolidated Appropriations Act, 2021, also includes direction for the 
NRC to use $35.0 million in prior-year unobligated carryover funds, 
including $16.0 million to fund the Integrated University Program for 
FY 2021. The NRC does not assess fees in the current fiscal year for 
any carryover funds because, consistent with the requirements of NEIMA, 
fees are calculated based on the budget authority enacted for the 
current fiscal year and fees were already assessed in the fiscal year 
in which the carryover funds were appropriated.

[[Page 10463]]



               Table II--Budget and Fee Recovery Amounts 1
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2021
                                                           proposed rule
------------------------------------------------------------------------
Total Budget Authority..................................          $844.4
Less Budget Authority for Excluded Activities:..........          -123.0
                                                         ---------------
    Balance.............................................           721.4
Fee Recovery Percent....................................             100
Total Amount to be Recovered:...........................           721.4
    Less Estimated Amount to be Recovered through 10 CFR          -185.9
     part 170 Fees......................................
    Estimated Amount to be Recovered through 10 CFR part           535.5
     171 Fees...........................................
10 CFR part 171 Billing Adjustments:
    Unpaid Current Year Invoices (estimated)............             3.0
    Less Current Year Collections from a Terminated                 -2.7
     Reactor--Indian Point Nuclear Generating, Unit 2 in
     FY 2020 and Indian Point Nuclear Generating, Unit 3
     in FY 2021.........................................
    Less Payments Received in Current Year for Previous            -12.9
     Year Invoices (estimated)..........................
Adjusted Amount to be Recovered through 10 CFR parts 170           708.8
 and 171 Fees...........................................
Adjusted 10 CFR part 171 Annual Fee Collections Required           522.9
------------------------------------------------------------------------

FY 2021 Fee Collection--Professional Hourly Rate
---------------------------------------------------------------------------

    \1\ For each table, numbers may not add due to rounding.
---------------------------------------------------------------------------

    The NRC uses a professional hourly rate to assess fees under 10 CFR 
part 170 for specific services it provides. The professional hourly 
rate also helps determine flat fees (which are used for the review of 
certain types of license applications). This rate is applicable to all 
activities for which fees are assessed under Sec. Sec.  170.21 and 
170.31.
    The NRC's professional hourly rate is derived by adding budgeted 
resources for: (1) Mission-direct program salaries and benefits, (2) 
mission-indirect program support, and (3) agency support (corporate 
support and the Inspector General). The NRC then subtracts certain 
offsetting receipts and divides this total by the mission-direct full-
time equivalent (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] TP22FE21.000

    For FY 2021, the NRC is proposing to increase the professional 
hourly rate from $279 to $288. The 3.2 percent increase in the FY 2021 
professional hourly rate is primarily due to a 2.1 percent increase in 
budgetary resources of approximately $15.0 million. The increase in 
budgetary resources is, in turn, primarily due to an increase in 
salaries and benefits to support Federal pay raises for NRC employees. 
The anticipated decline in the number of mission-direct FTE compared to 
FY 2020 also contributed to the increase in the professional hourly 
rate. The hourly rate is inversely related to the mission-direct FTE 
amount; therefore, as the number of mission-direct FTE decrease the 
hourly rate can increase. The number of mission-direct FTE is expected 
to decline by 17, primarily due to: (1) The completion of probabilistic 
risk assessment reviews related to lessons learned from the accident at 
Fukushima Dai-ichi in Japan; (2) the closure of Duane Arnold Energy 
Center (Duane Arnold); and (3) the reduced workload associated with 
significance determinations, operating experience evaluations, and 
generic communications development.
    The FY 2021 estimate for annual mission-direct FTE productive hours 
is 1,510 hours, which is unchanged from FY 2020. 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 
administrative tasks. Table III shows the professional hourly rate 
calculation methodology. The FY 2020 amounts are provided for 
comparison purposes.

[[Page 10464]]



             Table III--Professional Hourly Rate Calculation
                 [Dollars in millions, except as noted]
------------------------------------------------------------------------
                                           FY 2020 final      FY 2021
                                               rule        proposed rule
------------------------------------------------------------------------
Mission-Direct Program Salaries &                 $314.6          $335.3
 Benefits...............................
Mission-Indirect Program Support........          $110.8          $113.2
Agency Support (Corporate Support and             $291.5          $283.7
 the IG)................................
                                         -------------------------------
    Subtotal............................          $716.9          $732.2
Less Offsetting Receipts \2\............            $0.0            $0.0
    Total Budgeted Resources Included in          $716.9          $732.2
     Professional Hourly Rate...........
Mission-Direct FTE (Whole numbers)......           1,701           1,684
Annual Mission-Direct FTE Productive               1,510           1,510
 Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours          2,568,510       2,542,840
 (Mission-Direct FTE multiplied by
 Annual Mission-Direct FTE Productive
 Hours) (In Millions)...................
Professional Hourly Rate (Total Budgeted            $279            $288
 Resources Included in Professional
 Hourly Rate Divided by Mission-Direct
 FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------

FY 2021 Fee Collection--Flat Application Fee Changes
---------------------------------------------------------------------------

    \2\ 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 and Test Reactors 
products within the Operating Reactors business line.
---------------------------------------------------------------------------

    The NRC proposes to amend the flat application fees it charges in 
its schedule of fees in Sec. Sec.  170.21 and 170.31 to reflect the 
revised professional hourly rate of $288. The NRC charges these fees to 
applicants for materials licenses and other regulatory services, as 
well as to holders of materials licenses. 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 
2021. As part of its calculations, the NRC analyzes the actual hours 
spent performing licensing actions and estimates the five-year average 
of professional staff hours that are needed to process licensing 
actions as part of its biennial review of fees; these actions are 
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 2021 and 
will perform this review again in FY 2023. The biennial review 
adjustments and the higher professional hourly rate of $288 are the 
primary reasons for the increase in application fees (see the work 
papers).
    In order to simplify billing, the NRC rounds these flat fees to a 
minimal degree. Specifically, the NRC rounds these flat fees (up or 
down) in such a way that ensures both convenience for its stakeholders 
and that any rounding effects are minimal. Accordingly, fees under 
$1,000 are rounded to the nearest $10, fees between $1,000 and $100,000 
are rounded to the nearest $100, and fees greater than $100,000 are 
rounded to the nearest $1,000.
    The proposed licensing flat fees are applicable for import and 
export licensing actions (see fee categories K.1. through K.5. of Sec.  
170.21 and fee categories 15.A. through 15.R. of Sec.  170.31), as well 
as certain materials licensing actions (see fee categories 1.C. through 
1.D., 2.B. through 2.F., 3.A. through 3.S., 4.B. through 5.A., 6.A. 
through 9.D., 10.B., 15.A. through 15.L., 15.R., and 16 of Sec.  
170.31). Applications filed on or after the effective date of the FY 
2021 final fee rule will be subject to the revised fees in the final 
rule.

FY 2021 Fee Collection--Low-Level Waste Surcharge

    As in prior years, the NRC proposes to assess a generic low-level 
waste (LLW) surcharge of $3.4 million. Disposal of LLW occurs at 
commercially operated LLW disposal facilities that are licensed by 
either the NRC or an Agreement State. Four existing LLW disposal 
facilities in the United States accept various types of LLW. All are 
located in Agreement States and, therefore, are regulated by an 
Agreement State, rather than the NRC. The NRC proposes to allocate this 
surcharge to its licensees based on data available in the U.S. 
Department of Energy's (DOE) Manifest Information Management System. 
This database contains information on total LLW volumes disposed of by 
four generator classes: Academic, industrial, medical, and utility. The 
ratio of waste volumes disposed of by these generator classes to total 
LLW volumes disposed 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 the materials users fee classes. The materials 
users fee class portion is adjusted to account for the large percentage 
of materials licensees that are licensed by the Agreement States rather 
than the NRC.
    Table IV shows the allocation of the LLW surcharge and its proposed 
allocation across the various fee classes.

              Table IV--Allocation of LLW Surcharge FY 2021
                          [Dollars in millions]
------------------------------------------------------------------------
                                                   LLW surcharge
                                         -------------------------------
                                              Percent            $
------------------------------------------------------------------------
Operating Power Reactors................            87.4           2.938
Spent Fuel Storage/Reactor                           0.0           0.000
 Decommissioning........................
Non-Power Production or Utilization                  0.0           0.000
 Facilities.............................

[[Page 10465]]

 
Fuel Facilities.........................            10.0           0.336
Materials Users.........................             2.6           0.087
Transportation..........................             0.0           0.000
Rare Earth Facilities...................             0.0           0.000
Uranium Recovery........................             0.0           0.000
                                         -------------------------------
    Total...............................           100.0           3.361
------------------------------------------------------------------------

FY 2021 Fee Collection--Revised Annual Fees

    In accordance with SECY-05-0164, ``Annual Fee Calculation Method'' 
(ADAMS Accession No. ML052580332), the NRC rebaselines its annual fees 
every year. ``Rebaselining'' entails analyzing the budget in detail and 
then allocating the budgeted costs to various classes or subclasses of 
licensees. It also includes updating the number of NRC licensees in its 
fee calculation methodology.
    The NRC proposes to revise its annual fees in Sec. Sec.  171.15 and 
171.16 to recover approximately 100 percent of the NRC's FY 2021 
enacted budget (less the budget authority for excluded activities and 
the estimated amount to be recovered through 10 CFR part 170 fees). The 
total estimated 10 CFR part 170 collections for this proposed rule are 
$185.9 million, which is a decrease of $34.2 million from the FY 2020 
final rule (see the specific fee class sections for a discussion of 
this decrease). The NRC, therefore, proposes to recover $522.9 million 
through annual fees from its licensees, which is an increase of $14.9 
million from the FY 2020 final rule.
    Table V shows the proposed rebaselined fees for FY 2021 for a 
sample of licensee categories. The FY 2020 amounts are provided for 
comparison purposes.

                    Table V--Rebaselined Annual Fees
                            [Actual dollars]
------------------------------------------------------------------------
                                                              FY 2021
       Class/category of licenses          FY 2020 final     proposed
                                            annual fee      annual fee
------------------------------------------------------------------------
Operating Power Reactors................      $4,621,000      $4,809,000
+ Spent Fuel Storage/Reactor                     188,000         246,000
 Decommissioning........................
                                         -------------------------------
    Total, Combined Fee.................       4,804,000       5,050,000
Spent Fuel Storage/Reactor                       188,000         246,000
 Decommissioning........................
Non-Power Production or Utilization               81,300          78,700
 Facilities.............................
High Enriched Uranium Fuel Facility            5,067,000       4,835,000
 (Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility             1,717,000       1,639,000
 (Category 1.A.(1)(b))..................
Uranium Enrichment (Category 1.E).......       2,208,000       2,107,000
UF6 Conversion and Deconversion Facility         510,000         486,000
 (Category 2.A.(1)......................
Basic In Situ Recovery Facilities                 49,200          45,900
 (Category 2.A.(2)(b))..................
Typical Users:
    Radiographers (Category 3O).........          29,900          29,000
    All Other Specific Byproduct                   9,700           9,800
     Material Licensees (Category 3P)...
    Medical Other (Category 7C).........          14,800          16,700
    Device/Product Safety Evaluation--            13,800          17,800
     Broad (Category 9A)................
------------------------------------------------------------------------

    The work papers that support this proposed 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 the budgeted 
resources allocated to each class of licensees and the calculations of 
the rebaselined fees. For more information about detailed fee 
calculations for each class, please consult the accompanying work 
papers for this proposed rule.
a. Operating Power Reactors
    The NRC proposes to collect $446.8 million in annual fees from the 
operating power reactors fee class in FY 2021, as shown in Table VI. 
The FY 2020 operating power reactor fees are shown for comparison 
purposes.

 Table VI--Annual Fee Summary Calculations for Operating Power Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2021
        Summary fee calculations          FY 2020  final     proposed
------------------------------------------------------------------------
Total budgeted resources................          $623.9          $611.8
Less estimated 10 CFR part 170 receipts.          -186.7          -157.0
                                         -------------------------------

[[Page 10466]]

 
    Net 10 CFR part 171 resources.......           437.2           454.8
Allocated generic transportation........             0.2             0.3
Fee-relief adjustment...................            -1.2             N/A
Allocated LLW surcharge.................             3.1             2.9
Billing adjustment......................             2.4            -8.4
Adjustment: Estimated current year                  -2.7            -2.7
 collections from terminated reactor
 (Indian Point Generating, Unit 2 in FY
 2020 and Indian Point Generating, Unit
 3 in FY 2021)..........................
                                         -------------------------------
    Total required annual fee recovery..           439.0           446.8
                                         -------------------------------
    Total operating reactors............              95              93
------------------------------------------------------------------------
Annual fee per reactor..................           4.621           4.804
------------------------------------------------------------------------

    In comparison to FY 2020, the FY 2021 proposed annual fee for the 
operating power reactors fee class is increasing primarily due to the 
following: (1) The decline in 10 CFR part 170 estimated billings; (2) 
the reduction in the fleet due to the closure of Duane Arnold and 
Indian Point Energy Center (Indian Point Unit 3); and (3) the absence 
of the fee-relief adjustment. The increase in the proposed annual fee 
for the operating power reactors fee class is partially offset due to 
the following: (1) The decrease in budgeted resources and (2) a billing 
adjustment and current year collection adjustment. These components are 
discussed below.
    The 10 CFR part 170 estimated billings declined primarily due to 
the following: (1) The decrease due to the plant closures of Indian 
Point Unit 3 closing in April 2021 and Duane Arnold closing in October 
2020; (2) the completion of construction activities at Vogtle Electric 
Generating Plant, Unit 3 (Vogtle Unit 3); and (3) the completion of the 
NuScale small modular reactor (SMR) Design Certification review. This 
decrease in the 10 CFR part 170 estimated billings is partially offset 
by increased work to support the following: (1) The review of the Oklo 
Power LLC combined license application for the Aurora micro reactor, 
which was docketed in June 2020; and (2) inspection activities in order 
to perform inspections that were deferred due to the COVID-19 public 
health emergency.
    In addition, as a result of the revised fee-recovery framework 
under NEIMA, the FY 2021 proposed annual fee increased due to the 
absence of the fee-relief adjustment that was made for FY 2020. Because 
NEIMA eliminated the approximately 90 percent requirement for fee 
recovery and, in turn, the 10 percent limit on fee-relief activities, 
the NRC will no longer provide a fee-relief credit or assess a fee-
relief surcharge as part of the calculation of annual fees for each 
licensee fee class.
    The increase in the annual fee is partially offset by a decline in 
FTEs that includes, but is not limited to, the following: (1) The 
completion of probabilistic risk assessment reviews related to lessons 
learned from the accident at Fukushima Dai-ichi in Japan; (2) the 
closure of Duane Arnold; (3) reduced workload associated with 
significance determinations, operating experience evaluations, and 
generic communications development; (4) the completion of the NuScale 
SMR Design Certification review; (5) a decrease in licensing actions 
resulting from the completion of construction of Vogtle Unit 3 and 
reduced demand for operator licensing and vendor inspection work as 
Vogtle Unit 3 will be transitioning to operational; and (6) decreases 
in research workload in areas of flooding, high energy arc faulting 
testing, and the near completion of the Level 3 probabilistic risk 
assessment project. The decrease in the budgeted resources is offset by 
an increase for certain contract costs due to a reduction in the 
utilization of prior-year unobligated carryover funding and an increase 
in the fully costed FTE rate compared to FY 2020.
    In addition, the increase in the annual fee is partially offset by 
the $8,444,731 billing adjustment that was included in the operating 
power reactors calculation due to the deferral of annual fees and fees 
for services due to the COVID-19 public health emergency, and a 
$2,700,000 current year collection adjustment in the operating power 
reactors fee class calculation due to the shutdown of Indian Point Unit 
3.
    The recoverable budgeted costs are divided equally among the 93 
licensed operating power reactors, a decrease of two operating power 
reactors compared to FY 2020 due to the closure of Duane Arnold and 
Indian Point Unit 3, resulting in an annual fee of $4,804,000 per 
reactor. Additionally, each licensed operating power reactor is 
assessed the FY 2021 spent fuel storage/reactor decommissioning annual 
fee of $246,000 (see Table VII and the discussion that follows). The 
combined FY 2021 annual fee for each operating power reactor is 
$5,050,000.
    The NRC included an estimate of the operating power reactors annual 
fee in Appendix C, ``Estimated Operating Power Reactors Annual Fee,'' 
of the FY 2021 CBJ, with the intent to increase transparency with 
stakeholders. The NRC developed this estimate based on the staff's 
allocation of the FY 2021 budget request to fee classes under 10 CFR 
part 170, and allocations within the operating power reactors fee class 
under 10 CFR part 171. In addition, the estimated annual fee assumed 93 
operating power reactors in FY 2021 and applied various data 
assumptions from the FY 2019 final fee rule. Based on these allocations 
and assumptions, the operating power reactor annual fee included in the 
FY 2021 CBJ was estimated to be $4.8 million, approximately $0.6 
million below the FY 2015 operating power reactors annual fee amount 
adjusted for inflation of $5.4 million. Collectively, these actions 
serve to mitigate impacts resulting from licensees leaving the fee 
class and help the NRC continue to develop budgets that account for a 
fee class with a declining number of licensees. Although the FY 2021 
CBJ included the estimated operating power reactors annual fee, the 
assumptions made above between budget formulation and the development 
of the FY 2021 proposed rule have changed, as shown in Table VI.
    In FY 2016, the NRC amended its licensing, inspection, and annual 
fee

[[Page 10467]]

regulations to establish a variable annual fee structure for light-
water SMRs (81 FR 32617). Under the variable annual fee structure, 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 2021 for this 
type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
    The NRC proposes to collect $30.1 million in annual fees from 10 
CFR part 50 power reactor licensees, and from 10 CFR part 72 licensees 
that do not hold a 10 CFR part 50 license, to recover the budgeted 
costs for the spent fuel storage/reactor decommissioning fee class in 
FY 2021, as shown in Table VII. The FY 2020 spent fuel storage/reactor 
decommissioning fees are shown for comparison purposes.

   Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/
                         Reactor Decommissioning
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2021
        Summary fee calculations           FY 2020 final     proposed
------------------------------------------------------------------------
Total budgeted resources................           $37.9           $42.2
Less estimated 10 CFR part 170 receipts.           -15.9           -12.4
                                         -------------------------------
    Net 10 CFR part 171 resources.......            22.1            29.8
Allocated generic transportation costs..             0.8             0.8
Fee-relief adjustment...................            -0.1             N/A
Billing adjustments.....................             0.1            -0.6
                                         -------------------------------
    Total required annual fee recovery..            22.9            30.1
    Total spent fuel storage facilities.             122             122
------------------------------------------------------------------------
Annual fee per facility.................          $0.188          $0.246
------------------------------------------------------------------------

    In comparison to FY 2020, the FY 2021 proposed annual fee for the 
spent fuel storage/reactor decommissioning fee class is increasing 
primarily due to the increase in the budgeted resources and the decline 
in the 10 CFR part 170 estimated billings.
    The budgeted resources for the spent fuel storage/reactor 
decommissioning fee class increased primarily to support of the 
following: (1) Decommissioning activities associated with power 
reactors in decommissioning, including the transition of Duane Arnold 
from operation to the power reactor decommissioning program; and (2) 
waste research activities associated with accident tolerant fuel, high 
burnup, and enrichment extension fuels.
    The 10 CFR part 170 estimated billings for FY 2021 decreased 
primarily due to the following: (1) A reduction in hours associated 
with the staff's review of renewals and amendments for independent 
spent fuel storage installation (ISFSI) licenses and dry cask storage 
certificates of compliance (CoCs); (2) the near completion of the 
staff's review of the Interim Storage Partners consolidated interim 
storage facility application; (3) the completion of certain follow-up 
inspections and other inspection activities for San Onofre Nuclear 
Generating Station; (4) the completion of licensing actions, partial 
site release requests, and a decrease in confirmatory survey work at 
multiple sites; (5) the near completion of the license termination for 
the La Crosse Boiling Water Reactor; (6) a reduction in contract 
support due to a decrease in confirmatory survey contractor work 
expected; and (7) a decrease in billable hours for the Pilgrim Nuclear 
Power Station due to the site converting to decommissioning. This 
decrease in the 10 CFR part 170 estimated billings is partially offset 
by increased work to support the following: (1) The review of renewals 
and amendments for dry cask storage certificates of compliance, and 
inspection activities for ISFSI licenses and dry cask storage CoCs; (2) 
the staff's safety and environmental review of the Holtec HI-STORE 
consolidated interim storage facility application; (3) the staff's 
review of the Holtec Thermal Topical Report on the HI-STORM 100 and HI-
STORM FW Systems; (4) activities within the power reactor 
decommissioning program associated with the plant closures of Duane 
Arnold, Indian Point Units 2 and 3, and Three Mile Island Nuclear 
Generating Station, Unit 1; and (5) the review of decommissioning 
license amendments, exemptions, and inspection activities at multiple 
sites.
    The increase in the annual fee is partially offset by an 
approximate $0.6 million 10 CFR part 171 billing adjustment that was 
included in the spent fuel storage/reactor decommissioning calculation 
due to the deferral of annual fees and fees for services due to the 
COVID-19 public health emergency.
    The required annual fee recovery amount is divided equally among 
122 licensees, resulting in a proposed FY 2021 annual fee of $246,000 
per licensee.
c. Fuel Facilities
    The NRC proposes to collect $17.2 million in annual fees from the 
fuel facilities fee class in FY 2021, as shown in Table VIII. The FY 
2020 fuel facilities fees are shown for comparison purposes.

     Table VIII--Annual Fee Summary Calculations for Fuel Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2021
        Summary fee calculations           FY 2020 final     proposed
------------------------------------------------------------------------
Total budgeted resources................           $23.2           $23.3
Less estimated 10 CFR part 170 receipts.            -6.8            -7.4
                                         -------------------------------
    Net 10 CFR part 171 resources.......            16.5            16.0

[[Page 10468]]

 
Allocated generic transportation........             1.1             1.2
Fee-relief adjustment...................            -0.1             N/A
Allocated LLW surcharge.................             0.4             0.3
Billing adjustments.....................             0.1            -0.3
                                         -------------------------------
    Total remaining required annual fee            $18.0           $17.2
     recovery...........................
------------------------------------------------------------------------

    In comparison to FY 2020, the FY 2021 proposed annual fee for the 
fuel facilities fee class is decreasing primarily due to the increase 
in 10 CFR part 170 estimated billings and the 10 CFR part 171 billing 
adjustment that was included in the fuel facilities calculation due to 
the deferral of annual fees and fees for services due to the COVID-19 
public health emergency. The decrease in the proposed annual fee is 
offset by an increase in the budgeted resources as discussed below.
    The 10 CFR part 170 estimated billings increased as a result of the 
following: (1) The increased workload to support the staff's review of 
a license amendment application associated with high assay low enriched 
uranium and the associated security plans, and (2) the review of the 
Westinghouse environmental impact statement being developed for the 
license renewal. As part of the proposed annual fee, an approximate 
$0.3 million billing adjustment was included in the fuel facilities 
calculation due to the deferral of annual fees and fees for services 
due to the COVID-19 public health emergency.
    The decrease in the proposed annual fee is offset in part by an 
increase in the resources for contract costs budgeted for the fuel 
facilities fee class primarily due to a reduction in the utilization of 
prior-year unobligated carryover compared to FY 2020.
    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 that are 
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 regulatory effort 
that is not recovered through 10 CFR part 170 fees (e.g., rulemaking, 
guidance). Regulatory effort for activities that are subject to 10 CFR 
part 170 fees, such as the number of inspections, is not applicable to 
the effort factor.

                              Table IX--Effort Factors for Fuel Facilities, FY 2021
----------------------------------------------------------------------------------------------------------------
                                                                                          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               7               2
----------------------------------------------------------------------------------------------------------------

    In FY 2021, the total remaining amount of annual fees proposed to 
be recovered, $17.2 million, is attributable to safety activities, 
safeguards activities, and the LLW surcharge. For FY 2021, the total 
budgeted resources proposed to be recovered as annual fees for safety 
activities are $9.6 million. To calculate the annual fee, the NRC 
allocates this amount to each fee category based on its percentage of 
the total regulatory effort for safety activities. Similarly, the NRC 
allocates the budgeted resources to be recovered as annual fees for 
safeguards activities, $7.2 million, to each fee category based on its 
percentage of the total regulatory effort for safeguards activities. 
Finally, the fuel facilities fee class portion of the LLW surcharge--
$0.3 million--is allocated to each fee category based on its percentage 
of the total regulatory effort for both safety and safeguards 
activities. The proposed 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 2021
      Facility type  (fee category)        FY 2020 final     proposed
                                            annual fee      annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).      $5,067,000      $4,835,000
Low-Enriched Uranium Fuel (1.A.(1)(b))..       1,717,000       1,639,000

[[Page 10469]]

 
Gas Centrifuge Enrichment Demonstration              N/A             N/A
 (1.A.(2)(b))...........................
Hot Cell (and others) (1.A.(2)(c))......             N/A             N/A
Uranium Enrichment (1.E.)...............       2,208,000       2,107,000
UF 6 Conversion and Deconversion                 510,000         486,000
 (2.A.(1))..............................
------------------------------------------------------------------------

d. Uranium Recovery Facilities
    The NRC proposes to collect $0.1 million in annual fees from the 
uranium recovery facilities fee class in FY 2021, as shown in Table XI. 
The FY 2020 uranium recovery fees are shown for comparison purposes.

     Table XI--Annual Fee Summary Calculations for Uranium Recovery
                               Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2021
        Summary fee calculations           FY 2020 final     proposed
------------------------------------------------------------------------
Total budgeted resources................            $0.6            $0.5
Less estimated 10 CFR part 170 receipts.            -0.4            -0.3
                                         -------------------------------
    Net 10 CFR part 171 resources.......             0.2             0.1
Allocated generic transportation........             N/A             N/A
Fee-relief adjustment...................             0.0             N/A
Billing adjustments.....................             0.0             0.0
                                         -------------------------------
    Total required annual fee recovery..             0.2             0.1
------------------------------------------------------------------------

    In comparison to FY 2020, the FY 2021 proposed annual fee for the 
uranium recovery fee class is decreasing primarily due to a decline in 
the budgeted resources because of an expected decrease in casework 
associated with uranium recovery policy issues, environmental review 
coordination activities, and guidance development.
    The NRC regulates DOE's Title I and Title II activities under the 
Uranium Mill Tailings Radiation Control Act (UMTRCA).\3\ 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 NRC described the 
overall methodology for determining fees for UMTRCA in the FY 2002 fee 
rule (67 FR 42625; June 24, 2002), and the NRC continues to use this 
methodology. The DOE's UMTRCA annual fee decreased compared to FY 2020 
due to an increase in the 10 CFR part 170 estimated billings for the 
anticipated workload increases 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:
---------------------------------------------------------------------------

    \3\ The Congress established the two programs, Title I and Title 
II, under UMTRCA to protect the public and the environment from 
hazards associated with 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 weapons 
programs. 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 2021
            Summary of costs               FY 2020 final     proposed
                                            annual fee      annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I
 and Title II) General Licenses:
    UMTRCA Title I and Title II budgeted        $114,577         $75,442
     costs less 10 CFR part 170 receipts
    10 percent of generic/other uranium            5,573           5,103
     recovery budgeted costs............
    10 percent of uranium recovery fee-             -107             N/A
     relief adjustment..................
                                         -------------------------------
        Total Annual Fee Amount for DOE          120,000          81,000
         (rounded)......................
Annual Fee Amount for Other Uranium
 Recovery Licenses:
    90 percent of generic/other uranium           50,153          45,923
     recovery budgeted costs less the
     amounts specifically budgeted for
     UMTRCA Title I and Title II
     activities.........................
    90 percent of uranium recovery fee-             -959             N/A
     relief adjustment..................
                                         -------------------------------
        Total Annual Fee Amount for               49,194          45,923
         Other Uranium Recovery Licenses
------------------------------------------------------------------------


[[Page 10470]]

    Further, for any non-DOE licensees, the NRC will continue using a 
matrix to determine the effort levels associated with conducting 
generic regulatory actions for the different licensees in the uranium 
recovery fee class; this is similar to the NRC's approach for fuel 
facilities, described previously. The matrix methodology for uranium 
recovery licensees first identifies the licensee categories included 
within this fee class (excluding DOE). These categories are: 
Conventional uranium mills and heap leach facilities, uranium in situ 
recovery (ISR) and resin ISR facilities, and mill tailings disposal 
facilities. The matrix identifies the types of operating activities 
that support and benefit these licensees, along with each activity's 
relative weight (See the work papers). Currently, there is only one 
remaining non-DOE licensee, which is a non-resin in situ recovery 
facility. Table XIII displays the benefit factors for the non-DOE 
licensee in that fee category:

                            Table XIII--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
                                                     Number of    Benefit factor                  Benefit factor
                  Fee category                       licensees     per licensee     Total value    percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..               0               0               0               0
Basic In Situ Recovery facilities (2.A.(2)(b))..               1             190             190           100.0
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 2021
      Facility type  (fee category)        FY 2020 final     proposed
                                            annual fee      annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills                    N/A             N/A
 (2.A.(2)(a))...........................
Basic In Situ Recovery facilities                $49,200         $45,900
 (2.A.(2)(b))...........................
Expanded In Situ Recovery facilities                 N/A             N/A
 (2.A.(2)(c))...........................
Section 11e.(2) disposal incidental to               N/A             N/A
 existing tailings sites (2.A.(4))......
------------------------------------------------------------------------

e. Non-Power Production or Utilization Facilities
    The NRC proposes to collect $0.315 million in annual fees from the 
non-power production or utilization facilities fee class in FY 2021, as 
shown in Table XV. The non-power production or utilization facility fee 
class replaces the research and test reactor fee class from previous 
fiscal years. This revised fee class accounts for commercial non-
reactor production and utilization facilities expected to be used for 
the production of medical isotopes. The final FY 2020 research and test 
reactors fees are shown for comparison purposes.

  Table XV--Annual Fee Summary Calculations for Non-Power Production or
                         Utilization Facilities
                            [Actual dollars]
------------------------------------------------------------------------
                                                              FY 2021
        Summary fee calculations           FY 2020 final     proposed
------------------------------------------------------------------------
Total budgeted resources................      $3,317,830      $3,992,782
Less estimated 10 CFR part 170 receipts.      -3,030,000      -3,655,000
                                         -------------------------------
    Net 10 CFR part 171 resources.......         287,830         337,782
Allocated generic transportation........          30,713          32,585
Fee-relief adjustment...................          -6,183             N/A
Billing adjustments.....................          12,980         -55,539
                                         -------------------------------
    Total required annual fee recovery..         325,341         314,827
                                         -------------------------------
    Total non-power production or                      4               4
     utilization facilities licenses....
                                         -------------------------------
    Total annual fee per license                  81,300          78,700
     (rounded)..........................
------------------------------------------------------------------------

    In comparison to FY 2020, the proposed annual fee for the non-power 
production or utilization facilities fee class is decreasing, primarily 
due to a rise in 10 CFR part 170 estimated billings to support the 
following: (1) Activities associated with the review of the GE Nuclear 
Test Reactor license renewal application; (2) activities

[[Page 10471]]

associated with reviewing operating license application(s), 
construction permit application(s); and (3) conducting pre-application 
activities for non-power production or utilization facilities. The 
budgeted resources for the non-power production or utilization 
facilities fee class increased primarily to support an increased 
workload for initial licensing activities.
    The annual fee-recovery amount is divided equally among the four 
non-power production or utilization facilities licensees subject to 
annual fees and results in an FY 2021 proposed annual fee of $78,700 
for each licensee.
f. Rare Earth
    The NRC has not allocated any budgeted resources to this fee class; 
therefore, the NRC is not proposing to assess an annual fee for this 
fee class in FY 2021.
g. Materials Users
    The NRC proposes to collect $35.1 million in annual fees from 
materials users licensed under 10 CFR parts 30, 40, and 70, as shown in 
Table XVI. The FY 2020 materials users fees are shown for comparison 
purposes.

     Table XVI--Annual Fee Summary Calculations for Materials Users
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2021
        Summary fee calculations           FY 2020 final     proposed
------------------------------------------------------------------------
Total budgeted resources for licensees             $33.7           $35.1
 not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts.            -1.0            -1.0
                                         -------------------------------
    Net 10 CFR part 171 resources.......            32.8            34.1
Allocated generic transportation........             1.2             1.3
Fee-relief adjustment...................             0.0             N/A
LLW surcharge...........................             0.0             0.1
Billing adjustments.....................             0.1            -0.4
                                         -------------------------------
    Total required annual fee recovery..            34.1            35.1
------------------------------------------------------------------------

    The formula for calculating 10 CFR part 171 annual fees for the 
various categories of materials users is described in detail in the 
work papers. Generally, the calculation results in a single annual fee 
that includes 10 CFR part 170 costs, such as amendments, renewals, 
inspections, and other licensing actions specific to individual fee 
categories.
    The total annual fee recovery of $35.1 million proposed for FY 2021 
shown in Table XVI consists of $27.3 million for general costs and $7.7 
million for inspection costs. To equitably and fairly allocate the 
$35.1 million required to be collected among approximately 2,500 
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.
    In comparison to FY 2020, the proposed annual fees for the 
materials users fee class are increasing due to the following: (1) The 
NRC is proposing an increase in the fully costed FTE rate compared to 
FY 2020; (2) an increase in the budgeted resources for contract costs 
due to a reduction in the utilization of prior-year unobligated 
carryover funding compared to FY 2020; and (3) the realignment of 
budgeted resources that supports contract funding for general license 
tracking, the materials event database, and rulemaking information 
technology activities. In addition, the results of the biennial review 
of fees resulted in some increases and decreases in the proposed annual 
fees.
    A constant multiplier is established to recover the total general 
costs (including allocated generic transportation costs) of $27.3 
million. To derive the constant multiplier, the general cost amount is 
divided by the sum 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 0.99 for FY 2021. The average inspection cost is the average 
inspection hours for each fee category multiplied by the professional 
hourly rate of $288. The inspection priority is the interval between 
routine inspections, expressed in years. The inspection multiplier is 
established in order to recover the $7.7 million in inspection costs. 
To derive the inspection multiplier, the inspection costs amount is 
divided by the sum 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 1.43 for FY 2021. 
The unique category costs are any special costs that the NRC has 
budgeted for a specific category of licenses. Please see the work 
papers for more detail about this classification.
    The proposed annual fee assessed to each licensee also takes into 
account a share of approximately $0.087 million in LLW surcharge costs 
allocated to the materials users fee class (see Table IV, ``Allocation 
of LLW Surcharge, FY 2021,'' in Section IV, ``Discussion,'' of this 
document). The proposed annual fee for each fee category is shown in 
the revision to Sec.  171.16(d).
h. Transportation
    The NRC proposes to collect $1.0 million in annual fees to recover 
generic transportation budgeted resources in FY 2021, as shown in Table 
XVII. The FY 2020 fees are shown for comparison purposes.

[[Page 10472]]



     Table XVII--Annual Fee Summary Calculations for Transportation
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2021
        Summary fee calculations           FY 2020 final     proposed
------------------------------------------------------------------------
Total Budgeted Resources................            $7.2            $8.3
Less Estimated 10 CFR part 170 Receipts.            -2.8            -3.6
                                         -------------------------------
    Net 10 CFR part 171 Resources.......             4.4             4.6
Less Generic Transportation Resources...            -3.4            -3.6
Fee-relief adjustment...................             0.0             N/A
Billing adjustments.....................             0.0            -0.1
                                         -------------------------------
    Total required annual fee recovery..             1.0             1.0
------------------------------------------------------------------------

    In comparison to FY 2020, the proposed annual fee for the 
transportation fee class is decreasing primarily due to the 10 CFR part 
171 billing adjustment and the rise in the 10 CFR part 170 estimated 
billings to support multiple amendment requests related to new 
amendment packages.
    An offset to the decrease in the annual fee transportation fee 
class is due to the following: (1) An increase in the budgeted 
resources for contract costs due to a reduction in the utilization of 
prior-year unobligated carryover funding compared to FY 2020; (2) an 
increase in the number and complexities of transportation package 
applications as a result of rising power reactors in decommissioning; 
and (3) the expanded use of accident tolerant fuels.
    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30721; May 30, 2006), the NRC recovers generic 
transportation costs unrelated to DOE by including those costs in the 
annual fees for licensee fee classes. The NRC continues to assess a 
separate annual fee under Sec.  171.16, fee category 18.A., for DOE 
transportation activities. The amount of the allocated generic 
resources is calculated by multiplying the percentage of total CoCs 
used by each fee class (and DOE) by the total generic transportation 
resources to be recovered.
    This resource distribution to the licensee fee classes and DOE is 
shown in Table XVIII. Note that for the non-power production or 
utilization facilities fee class, the NRC allocates the distribution to 
only those licensees that are subject to annual fees. Although five 
CoCs benefit the entire non-power production or utilization facilities 
fee class, only 4 out of 31 non-power production or utilization 
facilities licensees are subject to annual fees. Consequently, the 
number of CoCs used to determine the proportion of generic 
transportation resources allocated to annual fees for the non-power 
production or utilization facilities fee class has been adjusted to 0.7 
so these licensees are charged a fair and equitable portion of the 
total fees (See the work papers).

                         Table XVIII--Distribution of Transportation Resources, FY 2021
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Allocated
                                                                  Number of CoCs   Percentage of      generic
                     Licensee fee class/DOE                       benefiting fee    total CoCs    transportation
                                                                   class or DOE                      resources
----------------------------------------------------------------------------------------------------------------
Materials Users.................................................            25.0            27.3             1.3
Operating Power Reactors........................................             5.0             5.5             0.3
Spent Fuel Storage/Reactor Decommissioning......................            16.0            17.5             0.8
Non-Power Production or Utilization Facilities..................             0.7             0.7             0.0
Fuel Facilities.................................................            24.0            26.2             1.2
                                                                 -----------------------------------------------
    Sub-Total of Generic Transportation Resources...............            70.7            77.1             3.6
DOE.............................................................            21.0            22.9             1.1
                                                                 -----------------------------------------------
    Total.......................................................            91.7           100.0             4.6
----------------------------------------------------------------------------------------------------------------

    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 2021--Policy Changes

    The NRC is proposing two policy changes for FY 2021:

Process for Disputing Errors in Invoices for Service Fees

    Section 102(d)(3) of NEIMA requires the NRC to ``modify regulations 
to ensure fair and appropriate processes to provide licensees and 
applicants an opportunity to efficiently dispute or otherwise seek 
review and correction of errors in invoices'' for service fees. The NRC 
is proposing requirements for a standard method for licensees and 
applicants to efficiently dispute or seek review and correction of 
errors in invoices. The proposed process is illustrated in the process 
map, ``NRC Form 529, Processing Dispute of Fees-For-Service Charges'' 
(ADAMS Accession No. ML20311A159). This proposed process follows the 
established method for licensees and applicants to submit requests for 
the review of fees assessed under 10 CFR part 170 (ADAMS Accession No. 
ML20104C055). The NRC Form 529 will be available in the agency's 
eBilling system, on the agency's public site, and

[[Page 10473]]

can be found under ADAMS Accession No. ML20339A673. Standard use of an 
NRC form and amendments to the current regulations in Sec.  15.31 will 
increase efficiency by providing the licensees and applicants with 
clear guidelines and expectations for submitting a fee dispute. It will 
also eliminate ambiguity regarding the appropriate information needed 
for the NRC to consider and make a determination on a fee dispute.
    In response to NEIMA's requirement that the NRC modify its 
regulations to provide licensees and applicants an opportunity to 
efficiently dispute or otherwise seek review and correction of errors 
in service fee invoices. The NRC proposes to revise its regulations in 
10 CFR part 15. Specifically the NRC is proposing revisions to Sec.  
15.31, ``Disputed debts,'' with conforming amendments in Sec. Sec.  
15.37, ``Interest, penalties, and administrative costs,'' 15.53, 
``Reasons for suspending collection action,'' and changing Sec.  
170.51, ``Right to review and appeal of prescribed fees,'' to ``Right 
to dispute assessed fees.'' The NRC also proposes to add a new 
regulation, Sec.  171.26, ``Right to dispute assessed fees,'' to 10 CFR 
part 171. These proposed changes outline the interactions between the 
submitter and the NRC. The proposed process will enhance understanding 
of the dispute process by setting out the process for submitting a fee 
dispute, the stages of the decisionmaking process while the dispute is 
under review, and the manner by which the NRC will notify a debtor 
after it makes a final determination on a dispute. Additionally, the 
proposed revisions provide consistent terminology to differentiate fee 
disputes under 10 CFR part 15 from fee exemptions under 10 CFR parts 
170 and 171.

Assessment of Annual Fees for Future 10 CFR Part 50 Non-Power 
Production or Utilization Facility Licensees and for Small Modular 
Reactor Licensees

    The NRC proposes to amend Sec.  171.15(a) so that the assessment of 
annual fees commences after future non-power production or utilization 
facility (NPUF) licensees have successfully completed startup testing 
and have provided written notification to the NRC. In addition, the NRC 
is proposing to rename the ``research and test reactors'' fee class the 
``non-power production and utilization facility'' fee class, which 
would include currently operating research and test reactors and future 
NPUFs, such as non-reactor NPUF technologies. Finally, the NRC is 
proposing to amend Sec.  171.15(e) so that the assessment of annual 
fees for a small modular reactor (SMR) licensee commences after the 
successful completion of power ascension testing and the licensee 
provides written notification to the NRC. These proposed policy changes 
are consistent with the FY 2020 final fee rule that amended the timing 
of the assessment of annual fees for future 10 CFR part 50 power 
reactors and 10 CFR part 52 COL holders.
    Currently, Sec.  171.15(a), requires the NRC to assess annual fees 
to a test or research reactor (excluding test or research reactors 
exempted under Sec.  171.11(b)) when the NRC authorizes the licensee to 
use nuclear materials (i.e., begin operating the reactor in accordance 
with its license). The NRC has not established a policy for assessing 
10 CFR part 171 annual fees to future non-reactor NPUF licensees (e.g., 
SHINE Medical Technologies, LLC (SHINE)); at this time, the NRC 
currently assesses only 10 CFR part 170 service fees to prospective 
applicants for preapplication activities, construction permit holders 
(i.e., SHINE and Northwest Medical Isotopes, LLC (NWMI)) and applicants 
for operating licenses (i.e., SHINE) for commercial NPUFs. While the 
NRC's fee regulations do not have a fee class for future non-reactor 
NPUF licensees, the NRC historically has included budgeted resources 
for NWMI and SHINE within the research and test reactor fee class. The 
budgeted resources for NWMI and SHINE not recovered in 10 CFR part 170 
service fees previously were included in fee-relief. These resources 
for the development of a medical isotope production infrastructure are 
now excluded from the fee-recovery requirement under NEIMA as a fee-
relief activity identified by the Commission.
    In anticipation that the NRC could issue an operating license in 
the future, the NRC is proposing to assess annual fees under Sec.  
171.15(a) to non-reactor NPUFs when they have notified the NRC of the 
successful completion of startup testing. As discussed previously, the 
NRC is also proposing to rename the ``research and test reactors'' fee 
class the ``non-power production and utilization facility'' fee class 
to account for new NPUF technologies not included in the research and 
test reactors fee class. This rule uses the term ``non-power production 
or utilization facility'' to have the same meaning as the definition 
used in SECY-19-0062, ``Final Rule: Non-power Production or Utilization 
Facility License Renewal'' (ADAMS Accession No. ML18031A000), dated 
June 17, 2019.\4\ The definition would include production or 
utilization facilities, licensed under Sec.  50.21(a), Sec.  50.21(c), 
or Sec.  50.22, as applicable, that are not nuclear power reactors or 
production facilities within the meaning of paragraphs (1) and (2) of 
Sec.  50.2, which defines ``Production facility.'' This definition 
includes currently operating and future research and test reactors and 
proposed medical radioisotope facilities that would be licensed under 
10 CFR part 50. As such, non-reactor NPUF licensees, such as SHINE, 
would be included in the same annual fee class as currently operating 
research and test reactors that pay 10 CFR part 171 annual fees. This 
proposed approach is consistent with the current approach of combining 
limited numbers of similar facilities into a single annual fee 
category, where ``test reactors'' (of which only one is currently 
operational) are assessed the same 10 CFR part 171 annual fees as 
``research reactors.'' In addition, the NRC expects that NPUF 
facilities will request that a single license under 10 CFR part 50 
authorize the operation of multiple utilization and/or production 
facilities. Based on the number of facilities authorized to operate 
under a single license, the number of staff hours dedicated to 
licensing and oversight activities for these facilities is not expected 
to differ significantly compared to those for the current operating 
fleet of NPUFs. Furthermore, stakeholders have previously supported 
this approach regarding the assessment of 10 CFR part 171 annual fees 
for future NPUFs. Therefore, a single annual fee would be appropriate 
even where an NPUF licensee has multiple facilities operating under a 
single 10 CFR part 50 license.
---------------------------------------------------------------------------

    \4\ The NPUF final rule would also revise the definition of 
research reactor in Sec. Sec.  170.3 and 171.5 to conform to other 
definitions in 10 CFR chapter I. The NRC is not proposing to change 
the definition of Research reactor in the specific exemption for 
federally-owned and State-owned research reactors in Sec.  
170.11(a)(9) or Sec.  171.11(b)(2). The current definition in Sec.  
171.11(b)(2) is based on the language of OBRA-90. Further, a 
substantively similar definition of research reactor was included in 
the provisions of NEIMA that relate to the NRC's fee recovery 
structure. Changing the definition of research reactor in Sec.  
171.11(b)(2) would therefore be inconsistent with NEIMA.
---------------------------------------------------------------------------

    SMR licenses can be issued under 10 CFR part 50 or 10 CFR part 52. 
Currently, Sec.  171.15, requires the NRC to assess annual fees to a 10 
CFR part 50 SMR licensee upon issuance of an operating license, or to a 
10 CFR part 52 SMR COL holder after the Commission has made the finding 
under Sec.  52.103(g) for all licenses held for an SMR site. The annual 
fee would be determined using the cumulative licensed thermal power 
rating of all SMR units and the bundled unit concept. For a given site, 
the use of the bundled unit concept is

[[Page 10474]]

independent of the number of SMR plants, the number of SMR licenses 
issued, and the sequencing of the SMR licenses that have been issued. 
There are currently no operating SMRs; therefore, the NRC has not yet 
assessed an annual fee for this type of licensee.
    The NRC recognizes that, after the issuance of an operating license 
under 10 CFR part 50 for NPUFs and SMRs, or a COL and Sec.  52.103(g) 
finding under 10 CFR part 52 for SMRs, fuel or targets (or both) must 
be loaded and startup testing (for NPUFs) and power ascension testing 
(for SMRs) must be completed before the facility begins full licensed 
operation. As discussed in the statement of considerations for the FY 
2020 final fee rule, 10 CFR part 52 COLs for power reactors contain a 
standard license condition that requires the submittal of written 
notification to the NRC upon successful completion of power ascension 
testing. Therefore, the NRC proposes to incorporate a similar license 
condition into all future 10 CFR part 50 operating licenses for NPUFs 
and SMRs, and 10 CFR part 52 COLs for SMRs to ensure that the licensee 
will promptly notify the NRC of the successful completion of startup 
testing or power ascension testing. The proposed annual fee assessment 
for future NPUFs and SMR licenses under 10 CFR part 50, and SMRs under 
10 CFR part 52, would begin on the date of the licensee's written 
notification of the successful completion of startup testing or power 
ascension testing.
    Accordingly, the NRC proposes to amend Sec.  171.15(a) and Sec.  
171.15(e) so that annual fees commence upon written notification to the 
NRC of successful completion of startup testing and power ascension 
testing, rather than upon issuance of the operating license for 10 CFR 
part 50 NPUFs and SMRs, or issuance of the Sec.  52.103(g) finding for 
10 CFR part 52 COL holders for SMRs, but upon written notification to 
the NRC of successful completion of startup testing and/or power 
ascension testing. The NRC finds this proposed change to 10 CFR part 
171 to be reasonable, fair, and equitable, and to be supported by the 
public comments the NRC received on PRM-171-1 and on the FY 2020 
proposed rule. The NRC also proposes conforming changes to revise Sec.  
170.3, ``Definitions,'' Sec.  171.3, ``Scope,'' Sec.  171.5, 
``Definitions,'' and Sec.  171.17, ``Proration.''

FY 2021--Administrative Changes

    The NRC proposes to make six administrative changes:
1. 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 biennially 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.
    For the FY 2021 proposed fee rule, 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 and as a result of the FY 2021 
biennial review, the NRC is now proposing to increase the upper tier 
small entity fee from $4,500 to $4,900 and increase the lower tier fee 
from $900 to $1,000.
    This would constitute a 9 percent and 11 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.
2. Amend Sec.  170.1, ``Purpose,'' To Change the Reference to the 
Independent Offices Appropriation Act, 1952
    The NRC proposes to amend Sec.  170.1 to replace the ``of'' after 
Independent Offices Appropriation Act with a comma to make the 
reference to the legislation consistent with references in other NRC 
contexts.
3. Amend Sec.  170.3, ``Definitions,'' To Eliminate Definitions for 
``Balance of Plants,'' ``Nuclear Steam Supply System,'' and ``Reference 
Systems Concept''
    The NRC proposes to amend Sec.  170.3 to eliminate definitions for 
``Balance of plants,'' ``Nuclear Steam Supply System,'' and ``Reference 
systems concept.'' These definitions are no longer applicable in 10 CFR 
part 170. These definitions were added in the FY 1977 final fee rule 
(43 FR 7210; March 23, 1978) to resolve issues concerning assessing 
fees for balance of plant reviews, related to a previous fee category 
(category A.4.b in the table at Sec.  170.21 for standardized design-
reference systems concept), that was not subject to full cost recovery. 
In the FY 1991 final fee rule, the NRC amended 10 CFR parts 52 and 170 
to assess licensing fees for the review of standardized reactor 
designs, which would be subject to full cost recovery (56 FR 31472; 
July 10, 1991). This proposed amendment to eliminate these definitions 
will not impact the NRC's assessment of 10 CFR part 170 fees for 
service.
4. Remove Footnote 6 to the Table in Sec.  170.21, and Footnote 12 to 
the Table in Sec.  170.31
    The NRC proposes to remove footnote 6 to the table in Sec.  170.21 
and footnote 12 to the table in Sec.  170.31 because (1) Congress has 
not enacted legislation that would exclude import and export activities 
from the fee-recoverable budget in FY 2021; and (2) in accordance with 
NEIMA, for FY 2021, the NRC identified international activities as fee-
relief activities, but it did not include resources for import and 
export licensing. The NRC is therefore proposing to charge fees for 
import and export licensing actions.
5. Amend Sec.  171.5, ``Definitions,'' To Replace the Reference in 
``Budget Authority''
    The NRC proposes to amend the definition of ``budget authority'' to 
replace the reference to Public Law 101-508 (i.e., OBRA-90) with a 
reference to Public Law 115-439 (i.e., NEIMA). Effective October 1, 
2020, NEIMA repealed Section 6101 of OBRA-90 and put in place a revised 
fee recovery framework, requiring the NRC to recover, to the maximum 
extent practicable, approximately 100 percent of its annual budget, 
less the budget authority for excluded activities.
6. Amend Sec.  171.11(c), ``Exemptions''
    The NRC proposes to revise Sec.  171.11(c) to change the ``or'' in 
the section to ``and.'' This proposed change would accurately reflect 
that even when an exemption is ``in the public interest,'' the NRC 
cannot grant the exemption unless it is ``authorized by law.'' This 
proposed change would also harmonize Sec.  171.11(c) with Sec.  
170.11(b), which uses

[[Page 10475]]

``and.'' This proposed change would not alter the NRC's fee exemption 
policy.

Update on the Fees Transformation Initiative

    In 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), the Commission directed the staff to accelerate its 
process improvements for setting fees, including the transition to an 
eBilling system. In addition, the Commission directed the staff to 
begin the fees transformation activities listed in SECY-16-0097 as 
``Process Changes Recommended for Future Consideration--FY 2018 and 
Beyond.'' The NRC has completed 39 of the 40 fees transformation 
activities, including the full implementation of an electronic billing 
system.
    In October 2019, the agency released its eBilling system. This 
public facing, web-based application provides licensees with immediate 
delivery of NRC invoices, customizable email notifications, capability 
to view and analyze invoice details, and access to the U.S. Department 
of the Treasury systems to pay invoices. The eBilling application 
provides licensees greater transparency and has increased applicant and 
licensee confidence in the assessed fees and charges. Since the NRC 
released the eBilling application, 341 licensees have been enrolled and 
764 dockets are now available in the application.
    The one fees transformation activity yet be to completed is the 
rulemaking to update the NRC's small business size standards in Sec.  
2.810, ``NRC size standards.'' In FY 2020, the NRC conducted a survey 
of materials licensees to collect relevant data to help determine the 
need for changes to the NRC's small business size standards in Sec.  
2.810. In addition, the NRC considered changes in the small business 
size standards published by the Small Business Administration. On 
December 7, 2020, the staff submitted SECY-20-0111, ``Rulemaking Plan 
to Amend the Receipts-Based NRC Size Standards,'' to the Commission 
(ADAMS Accession No. ML20268B327) with the staff's recommendations for 
amending the NRC's receipts-based size standards. The NRC will continue 
to include updates on this rulemaking activity within the FY 2021 and 
FY 2022 fee rules to ensure that affected licensees are adequately 
informed. The public can track all NRC rulemaking activities, including 
the rulemaking on the NRC's size standards, on the NRC's Rulemaking 
Tracking and Reporting system at https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/RuleIndex.html, or by Docket ID 
NRC-2014-0264 at http://www.regulations.gov.
    For more information, see the fees transformation accomplishments 
schedule, located on the NRC's license fees web page at: https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.

IV. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA),\5\ the NRC has prepared a regulatory flexibility analysis 
related to this proposed rule. The regulatory flexibility analysis is 
available as indicated in Section XIII Availability of Documents, of 
this document.
---------------------------------------------------------------------------

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

V. Regulatory Analysis

    Under NEIMA, the NRC is required to recover, to the maximum extent 
practicable, approximately 100 percent of its annual budget for FY 2021 
less the budget authority for excluded activities. 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 this proposed rule, the NRC continues this longstanding 
approach. Therefore, the NRC did not identify any alternatives to the 
current fee structure guidelines and did not prepare a regulatory 
analysis for this proposed rule.

VI. Backfitting and Issue Finality

    The NRC has determined that the backfit rule, Sec.  50.109, does 
not apply to this proposed rule and that a backfit analysis is not 
required because these amendments do not require the modification of, 
or addition to, (1) systems, structures, components, or the design of a 
facility; (2) the design approval or manufacturing license for a 
facility; or (3) the procedures or organization required to design, 
construct, or operate a facility.

VII. Plain Writing

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

VIII. National Environmental Policy Act

    The NRC has determined that this proposed rule is the type of 
action described in 10 CFR 51.22(c)(1). Therefore, neither an 
environmental impact statement nor environmental assessment has been 
prepared for this proposed rule.

IX. Paperwork Reduction Act

    This proposed rule does not contain a collection of information as 
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
and, therefore, is not subject to the requirements of the Act. In 
accordance with 5 CFR 1320.4(a)(2), NRC Forms 527 and 529 are also not 
subject to the requirements of the Paperwork Reduction Act.

Public Protection Notification

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

X. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this proposed rule, the NRC 
proposes to amend the licensing, inspection, and annual fees charged to 
its licensees and applicants, as necessary, to recover, to the maximum 
extent practicable, approximately 100 percent of its annual budget for 
FY 2021 less the budget authority for excluded activities, as required 
by NEIMA. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

XI. Availability of Guidance

    The Small Business Regulatory Enforcement Fairness Act requires all 
Federal agencies to prepare a written compliance guide for each rule 
for which the agency is required by 5 U.S.C.

[[Page 10476]]

604 to prepare a regulatory flexibility analysis. The NRC, in 
compliance with the law, prepared the ``Small Entity Compliance Guide'' 
for the FY 2021 proposed fee rule. The compliance guide was developed 
when the NRC completed the small entity biennial review for FY 2021. 
This compliance guide is available as indicated in Section XII, 
Availability of Documents, of this document.

XII. Public Meeting

    The NRC will conduct a public meeting to describe the FY 2021 
proposed rule and answer questions from the public on the proposed 
rule. The NRC will publish a notice of the location, time, and agenda 
of the meeting on the NRC's public meeting website within 10 calendar 
days of the meeting. Stakeholders should monitor the NRC's public 
meeting website for information about the public meeting at: http://www.nrc.gov/public-involve/public-meetings/index.cfm.

XIII. Availability of Documents

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

------------------------------------------------------------------------
               Documents                   ADAMS Accession No./web link
------------------------------------------------------------------------
SECY-05-0164, ``Annual Fee Calculation   ML052580332.
 Method,'' dated September 15, 2005.
SECY-16-0097, ``Fee Setting              ML16194A365.
 Improvements and Fiscal Year 2017
 Proposed Fee Rule,'' dated August 15,
 2016.
Staff Requirements Memorandum for SECY-  ML16293A902.
 16-0097, dated October 19, 2016.
NUREG-1100, Volume 36, ``Congressional   ML20024D764.
 Budget Justification: Fiscal Year
 2021'' (February 2020).
Process map, ``NRC Form 527, Request     ML20104C055.
 for Information Related to Fees-for-
 Service''.
Process map, ``NRC Form 529, Processing  ML20311A159.
 Dispute of Fees-For-Service Charges''.
NRC Form 529, ``Dispute of Fees-For-     ML20339A673.
 Service Charges in Accordance with
 Title 10 of the Code of Federal
 Regulations (10 CFR) Processing
 Dispute of Fees-For-Service Charges
 Sec.   170.51''.
FY 2021 Proposed Rule Work Papers......  ML20346A173.
FY 2021 Proposed Fee Rule..............  ML20317A090.
FY 2021 Regulatory Flexibility Analysis  ML20321A229.
FY 2021 U.S. Nuclear Regulatory          ML20318A107.
 Commission Small Entity Compliance
 Guide.
SECY-19-0062, ``Final Rule: Non-Power    ML18031A000.
 Production or Utilization Facility
 License Renewal,'' dated June 17, 2019.
SECY-20-0111, ``Rulemaking Plan to       ML20268B327.
 Amend the Receipts-Based NRC Size
 Standards,'' dated December 7, 2020.
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 Circular A-25, ``User Charges''....   https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/a025/a025.html.
Fees Transformation Accomplishments....   https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
------------------------------------------------------------------------

List of Subjects

10 CFR Part 15

    Administrative practice and procedure, Claims, Debt collection.

10 CFR Part 170

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

10 CFR Part 171

    Annual charges, Approvals, Byproduct material, Holders of 
certificates, Intergovernmental relations, Nonpayment penalties, 
Nuclear materials, Nuclear power plants and reactors, Registrations, 
Source material, Special nuclear material.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing 
to adopt the following amendments to 10 CFR parts 15, 170, and 171:

PART 15--DEBT COLLECTION PROCEDURES

0
1. The authority citation for part 15 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 161, 186 (42 U.S.C. 
2201, 2236); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 
5841); 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 3701, 3713, 3716, 
3719, 3720A; 42 U.S.C. 664; 44 U.S.C. 3504 note; 31 CFR parts 900 
through 904; 31 CFR part 285; E.O. 12146, 44 FR 42657, 3 CFR, 1979 
Comp., p. 409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 Comp., p. 157.

0
2. Revise Sec.  15.31 to read as follows:


Sec.  15.31  Disputed debts.

    (a) Submitting a dispute of debt. For any type of charges assessed 
by the NRC, a debtor may submit a dispute of debt within 45 days from 
the date of the initial demand letter. The debtor shall explain why the 
debt is incorrect in fact or in law and may support the explanation by 
affidavit, cancelled checks, or other relevant evidence. The dispute 
must be submitted to the Office of the Chief Financial Officer via the 
eBilling system, by email to [email protected], or 
by mail to the Office of the Chief Financial Officer at: U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attn: Chief Financial 
Officer. For debt disputes related to charges for 10 CFR part 170 fees, 
the debtor must complete and submit an NRC Form 529 with the required 
information.
    (b) Notification of receipt. Following receipt of the dispute, the 
NRC will acknowledge receipt to the contact person identified by the 
debtor.

[[Page 10477]]

    (c) Dispute review. The NRC will consider the facts involved in the 
dispute and, if it considers it necessary, arrange for a conference 
during which the debtor may present evidence and any arguments in 
support of the debtor's position. If the debtor's dispute potentially 
raises an error, the NRC may extend the interest waiver period as 
described in Sec.  15.37(j) pending a final determination of the 
existence or amount of the debt.
    (d) Dispute resolution. If the NRC finds that the dispute has not 
identified an error, the NRC will notify the dispute contact. If the 
NRC finds that the dispute has identified an error, the NRC will:
    (1) Notify the dispute contact;
    (2) Make corrections to the charges or information on the demand 
letter; and
    (3) Issue a revised demand letter.
0
3. In Sec.  15.37, revise paragraph (j) to read as follows:


Sec.  15.37   Interest, penalties, and administrative costs.

* * * * *
    (j) The NRC may waive interest during the period a debt disputed 
under


Sec.  15.31  is under consideration by the NRC. However, this 
additional waiver is not automatic and must be requested before the 
expiration of the initial 30-day waiver period. The NRC may grant the 
additional waiver only when it finds the debtor's dispute potentially 
raises an error.

* * * * *
0
4. In Sec.  15.53, revise paragraphs (c) and (e) to read as follows:


Sec.  15.53   Reasons for suspending collection action.

* * * * *
    (c) The debtor has requested a review of the debt or has disputed 
the debt.
* * * * *
    (e)(1) The NRC shall suspend collection activity during the time 
required for consideration of the debtor's request for review or 
dispute of the debt, if the statute under which the request is sought 
prohibits the NRC from collecting the debt during that time.
    (2) If the statute under which the request is sought does not 
prohibit collection activity pending consideration of the request, the 
NRC may use discretion, on a case-by-case basis, to suspend collection. 
Further, the NRC ordinarily should suspend collection action upon a 
request for review or dispute of the debt, if the NRC is prohibited by 
statute or regulation from issuing a refund of amounts collected prior 
to NRC consideration of the debtor's request. However, the NRC should 
not suspend collection when the NRC determines that the request for 
review or dispute of the debt is frivolous or was made primarily to 
delay collection.
* * * * *

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

0
5. The authority citation for part 170 is revised 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. 2215; 31 U.S.C. 901, 902, 9701; 44 
U.S.C. 3504 note.

0
6. Revise Sec.  170.1 to read as follows:


Sec.  170.1  Purpose.

    The regulations in this part set out fees charged for licensing 
services, inspection services, and special projects rendered by the 
Nuclear Regulatory Commission as authorized under title V of the 
Independent Offices Appropriation Act, 1952 (31 U.S.C. 9701(a)).
0
7. In Sec.  170.3:
0
a. Remove the defition of ``Balance of plants'';
0
b. Add a definition for ``Non-power production or utilization 
facility'' in alphabetical order; and
0
c. Remove the definitions of ``Nuclear Steam Supply System'' and 
``Reference systems concept''.
    The addition reads as follows:


Sec.  170.3   Definitions.

* * * * *
    Non-power production or utilization facility means a production or 
utilization facilities licensed under 10 CFR 50.21(a) or (c), or 10 CFR 
50.22, as applicable, that is not a nuclear power reactor or production 
facility as defined under paragraphs (1) and (2) of the definition of 
``production facility'' in 10 CFR 50.2.
* * * * *


Sec.  170.20   [Amended]

0
8. In Sec.  170.20, remove the dollar amount ``$279'' and add in its 
place the dollar amount ``$288''.
0
9. In Sec.  170.21, in the table, revise the table heading and the 
entry for ``K. Import and export licenses'' and remove footnote 6.
    The revision reads 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.

* * * * *

           Table 1 to Sec.   170.21--Schedule of Facility Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
          Facility categories and type of fees               Fees 1 2
------------------------------------------------------------------------
 
                              * * * * * * *
K. Import and export licenses:
    Licenses for the import and export only of
     production or utilization facilities or the export
     only of components for production or utilization
     facilities issued under 10 CFR part 110.
        1. Application for import or export of
         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           $20,200
             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             4,300
             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            14,400
             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             4,900
             license exemption request..................

[[Page 10478]]

 
        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..................           4,300
------------------------------------------------------------------------
\1\ 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.
\3\ Inspections covered by this schedule are both routine and non-
  routine safety and safeguards inspections performed by NRC for the
  purpose of review or follow-up of a licensed program. Inspections are
  performed through the full term of the license to ensure that the
  authorized activities are being conducted in accordance with the
  Atomic Energy Act of 1954, as amended, other legislation, Commission
  regulations or orders, and the terms and conditions of the license.
  Non-routine inspections that result from third-party allegations will
  not be subject to fees.
\4\ Imports only of major components for end-use at NRC-licensed
  reactors are authorized under NRC general import license in 10 CFR
  110.27.
\5\ Full cost fees will be assessed once NRC work on a Touhy request
  exceeds 50 hours, in accordance with Sec.   170.12(d).

0
10. 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.

* * * * *

          Table 1 to Sec.   170.31--Schedule of Materials Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
  Category of materials licenses and type of
                   fees \1\                             Fees 2 3
------------------------------------------------------------------------
1. Special nuclear material; \11\
    A. (1) Licenses for possession and use of
     U-235 or plutonium for fuel fabrication
     activities.
            (a) Strategic Special Nuclear      Full Cost.
             Material (High Enriched Uranium)
             \6\ [Program Code(s): 21213].
            (b) Low Enriched Uranium in        Full Cost.
             Dispersible Form Used for
             Fabrication of Power Reactor
             Fuel \6\ [Program Code(s):
             21210].
        (2) All other special nuclear
         materials licenses not included in
         Category 1.A. (1) which are licensed
         for fuel cycle activities.\6\
            (a) Facilities with limited        Full Cost.
             operations \6\ [Program Code(s):
             21240, 21310, 21320].
            (b) Gas centrifuge enrichment      Full Cost.
             demonstration facilities.\6\
             [Program Code(s): 21205].
            (c) Others, including hot cell     Full Cost.
             facilities.\6\ [Program Code(s):
             21130, 21133].
    B. Licenses for receipt and storage 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
     special nuclear material of less than a
     critical mass as defined in Sec.   70.4
     in sealed sources contained in devices
     used in industrial measuring systems,
     including x-ray fluorescence
     analyzers.\4\
        Application [Program Code(s): 22140].  $1,300.
    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,   $2,700.
         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         Full Cost.
             facilities \6\ [Program Code(s):
             11500].
            (c) Expanded In Situ Recovery      Full Cost.
             facilities \6\ [Program Code(s):
             11510].
            (d) In Situ Recovery Resin         Full Cost.
             facilities \6\ [Program Code(s):
             11550].
            (e) Resin Toll Milling facilities  Full Cost.
             \6\ [Program Code(s): 11555].
            (f) Other facilities \6\ [Program  Full Cost.
             Code(s): 11700].

[[Page 10479]]

 
        (3) Licenses that authorize the        Full Cost.
         receipt of byproduct material, as
         defined in Section 11e.(2) of the
         Atomic Energy Act, from other
         persons for possession and disposal,
         except those licenses subject to the
         fees in Category 2.A.(2) or Category
         2.A.(4) \6\ [Program Code(s): 11600,
         12000].
        (4) Licenses that authorize the        Full Cost.
         receipt of byproduct material, as
         defined in Section 11e.(2) of the
         Atomic Energy Act, from other
         persons for possession and disposal
         incidental to the disposal of the
         uranium waste tailings generated by
         the licensee's milling operations,
         except those licenses subject to the
         fees in Category 2.A.(2) \6\
         [Program Code(s): 12010].
    B. Licenses which authorize the
     possession, use, and/or installation of
     source material for shielding.\7\ \8\
        Application [Program Code(s): 11210].  $1,300.
    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].  $6,200.
    D. Licenses to distribute source material
     to persons generally licensed under part
     40 of this chapter.
        Application [Program Code(s): 11230,   $2,900.
         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].  $2,700.
    F. All other source material licenses.
        Application [Program Code(s): 11200,   $2,700.
         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,   $13,500.
         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):      $17,900.
             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):      $22,400.
             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,   $3,700.
         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):      $5,000.
             04110, 04112, 04114, 04116].
        (2). Other licenses for possession
         and use of byproduct material issued
         under part 30 of this chapter for
         processing or manufacturing of items
         containing byproduct material for
         commercial distribution. Number of
         locations of use: more than 20.
            Application [Program Code(s):      $6,200.
             04111, 04113, 04115, 04117].
    C. Licenses issued under Sec.  Sec.
     32.72 and/or 32.74 of this chapter that
     authorize the processing or
     manufacturing and distribution or
     redistribution of radiopharmaceuticals,
     generators, reagent kits, and/or sources
     and devices containing byproduct
     material. This category does not apply
     to licenses issued to nonprofit
     educational institutions whose
     processing or manufacturing is exempt
     under Sec.   170.11(a)(4). Number of
     locations of use: 1-5.
        Application [Program Code(s): 02500,   $5,400.
         02511, 02513].
        (1). Licenses issued under Sec.  Sec.
           32.72 and/or 32.74 of this chapter
         that authorize the processing or
         manufacturing and distribution or
         redistribution of
         radiopharmaceuticals, generators,
         reagent kits, and/or sources and
         devices containing byproduct
         material. This category does not
         apply to licenses issued to
         nonprofit educational institutions
         whose processing or manufacturing is
         exempt under Sec.   170.11(a)(4).
         Number of locations of use: 6-20.
            Application [Program Code(s):      $7,200.
             04210, 04212, 04214].
        (2). Licenses issued under Sec.  Sec.
           32.72 and/or 32.74 of this chapter
         that authorize the processing or
         manufacturing and distribution or
         redistribution of
         radiopharmaceuticals, generators,
         reagent kits, and/or sources and
         devices containing byproduct
         material. This category does not
         apply to licenses issued to
         nonprofit educational institutions
         whose processing or manufacturing is
         exempt under Sec.   170.11(a)(4).
         Number of locations of use: More
         than 20.
            Application [Program Code(s):      $8,900.
             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,   $3,300.
         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].  $6,700.
    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].  $64,300.

[[Page 10480]]

 
    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,   $6,900.
         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,   $15,300.
         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,   $2,100.
         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,   $1,200.
         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,   $5,700.
         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):      $7,500.
             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):      $9,400.
             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].  $8,600.
    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):      $9,200.
             03219, 03225, 03226].
    O. Licenses for possession and use of
     byproduct material issued under part 34
     of this chapter for industrial
     radiography operations. Number of
     locations of use: 1-5.
        Application [Program Code(s): 03310,   $9,200.
         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):      $12,200.
             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):      $15,300.
             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,   $6,600.
         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):      $8,800.
             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):      $10,900.
             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.........................  $800.
    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):      $2,600.
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.
        Application [Program Code(s): 03210].  $14,700.

[[Page 10481]]

 
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].  $7,200.
    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].  $5,200.
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,   $4,800.
         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].  $22,900.
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,   $11,500.
         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):      $15,300.
             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):      $19,100.
             04511, 04513].
    B. Licenses of broad scope issued to
     medical institutions or two or more
     physicians under parts 30, 33, 35, 40,
     and 70 of this chapter authorizing
     research and development, including
     human use of byproduct material, except
     licenses for byproduct material, source
     material, or special nuclear material in
     sealed sources contained in teletherapy
     devices. This category also includes the
     possession and use of source material
     for shielding when authorized on the
     same license. Number of locations of
     use: 1-5.
        Application [Program Code(s): 02110].  $9,000.
        (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):      $11,900.
             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):      $14,900.
             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,   $10,900.
         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):      $9,000.
             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):      $11,300.
             04811, 04813, 04815, 04817,
             04819, 04821, 04823, 04825,
             04827, 04829].
8. Civil defense: \11\

[[Page 10482]]

 
    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.............  $17,900.
    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.............  $9,300.
    C. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel, for commercial
     distribution.
        Application--each source.............  $5,500.
    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......................  $4,300.
            Inspections......................  Full Cost.
        2. Users.
            Application......................  $4,300.
            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\
    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, 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:
    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       $20,200.
             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       $4,300.
             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       $14,400.
             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       $4,900.
             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..................  $4,900.
    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:

[[Page 10483]]

 
    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           $17,300.
         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           $8,600.
         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           $4,900.
         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           $1,400.
         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           $17,300.
         amendment; or license exemption
         request.
    K. Applications for export of appendix P
     Category 2 materials requiring Executive
     Branch review.
        Application--new license, or           $8,600.
         amendment; or license exemption
         request.
    L. Application for the export of Category
     2 materials.
        Application--new license, or           $2,900.
         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......................  $1,400.
16. Reciprocity:
    Agreement State licensees who conduct
     activities under the reciprocity
     provisions of 10 CFR 150.20.
        Application..........................  $2,700.
17. Master materials licenses of broad scope
 issued to Government agencies.
    Application [Program Code(s): 03614].....  Full Cost.
18. Department of Energy.
    A. Certificates of Compliance. Evaluation  Full Cost.
     of casks, packages, and shipping
     containers (including spent fuel, high-
     level waste, and other casks, and
     plutonium air packages)
    B. Uranium Mill Tailings Radiation         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 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.)

[[Page 10484]]

 
\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.

0
11. Revise Sec.  170.51 to read as follows:


Sec.  170.51   Right to dispute assessed fees.

    All debtors' disputes of fees assessed must be submitted in 
accordance with 10 CFR 15.31, ``Disputed Debts.''

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
12. The authority citation for part 171 is revised 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. 2215; 44 U.S.C. 3504 
note.

0
13. Revise Sec.  171.3 to read as follows:


Sec.  171.3   Scope.

    The regulations in this part apply to any person holding an 
operating license for a non-power production or utilization facility 
issued under part 50 of this chapter that has provided notification to 
the NRC that the licensee has successfully completed startup testing, 
and to any person holding an operating license for a power reactor or 
small modular reactor licensed under 10 CFR part 50 or a combined 
license issued under 10 CFR part 52 that has provided notification to 
the NRC that the licensee has successfully completed power ascension 
testing. The regulations in this part also apply to any person holding 
a materials license as defined in this part, a Certificate of 
Compliance, a sealed source or device registration, a quality assurance 
program approval, and to a Government agency as defined in this part. 
Notwithstanding the other provisions in this section, the regulations 
in this part do not apply to uranium recovery and fuel facility 
licensees until after the Commission verifies through inspection that 
the facility has been constructed in accordance with the requirements 
of the license.
0
14. In Sec.  171.5, revise the definition of ``Budget authority'' and 
add a definition for ``Non-power production or utilization facility'' 
in alphabetical order to read as follows:


Sec.  171.5   Definitions.

* * * * *
    Budget authority means the authority, in the form of 
appropriations, provided by law and becoming available during the year, 
to enter into obligations that will result in immediate or future 
outlays involving Federal Government funds. The appropriation is an 
authorization by an Act of Congress that permits the NRC to incur 
obligations and to make payments out of the Treasury for specified 
purposes. Fees assessed pursuant to Public Law 115-439 are based on NRC 
budget authority.
* * * * *
    Non-power production or utilization facility means a production or 
utilization facility licensed under 10 CFR 50.21(a) or (c), or 10 CFR 
50.22, as applicable, that is not a nuclear power reactor or production 
facility as defined under paragraphs (1) and (2) of the definition of 
``production facility'' in 10 CFR 50.2.
* * * * *
0
15. In Sec.  171.11, revise paragraph (c) to read as follows:


Sec.  171.11   Exemptions.

* * * * *
    (c) The Commission may, upon application by an interested person or 
on its own initiative, grant an exemption from the requirements of this 
part that it determines is authorized by law and otherwise in the 
public interest.
* * * * *
0
16. In Sec.  171.15:
0
a. Revise the section heading;
0
b. Revise paragraphs (a), (b)(1), (b)(2) introductory text, (c)(1), and 
(c)(2) introductory text;
0
c. Remove paragraph (d);
0
d. Redesignate paragraphs (e) and (f) as paragraphs (d) and (e); and
0
e. Revise newly designated paragraphs (d) and (e).
    The revisisons read as follows:


Sec.  171.15  Annual fees: Non-power production or utilization 
licenses, reactor licenses, and independent spent fuel storage 
licenses.

    (a) Each person holding an operating license for one or more non-
power production or utilization facilities under 10 CFR part 50 that 
has provided notification to the NRC of the successful completion of 
startup testing; each person holding an operating license for a power 
reactor licensed under 10 CFR part 50 or a combined license under 10 
CFR part 52 that has provided notification to the NRC of the successful 
completion of power ascension testing; each person holding a 10 CFR 
part 50 or 10 CFR 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 10 CFR part 72 license who 
does not hold a 10 CFR part 50 or 10 CFR 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 (a) does not apply to test or research 
reactors exempted under Sec.  171.11(b).
    (b)(1) The FY 2021 annual fee for each operating power reactor that 
must be collected by September 30, 2021, is $4,804,000.
    (2) The FY 2021 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. 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 2021 base annual fee for 
operating power reactors are as follows:
* * * * *
    (c)(1) The FY 2021 annual fee for each power reactor holding a 10 
CFR part 50

[[Page 10485]]

license or combined license issued under 10 CFR part 52 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 or a 10 CFR part 52 combined 
license, is $246,000.
    (2) The FY 2021 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). The activities comprising the FY 2021 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
    (d)(1) Each person holding an operating license for an SMR issued 
under 10 CFR part 50 or a combined license issued under 10 CFR part 52 
that has provided notification to the NRC of the successful completion 
startup testing, shall pay the annual fee for all licenses held for an 
SMR site. The annual fee will be determined using the cumulative 
licensed thermal power rating of all SMR units and the bundled unit 
concept, during the fiscal year in which the fee is due. For a given 
site, the use of the bundled unit concept is independent of the number 
of SMR plants, the number of SMR licenses issued, or the sequencing of 
the SMR licenses that have been issued.
    (2) The annual fees for a small modular reactor(s) located on a 
single site to be collected by September 30 of each year, are as 
follows:

                                           Table 1 to Paragraph (d)(2)
----------------------------------------------------------------------------------------------------------------
                Bundled unit thermal power rating                   Minimum fee    Variable fee     Maximum fee
----------------------------------------------------------------------------------------------------------------
First Bundled Unit:
    0 MWt <=250 MWt.............................................             TBD             N/A             N/A
    >250 MWt <=2,000 MWt........................................             TBD             TBD             N/A
    >2,000 MWt <=4,500 MWt......................................             N/A             N/A             TBD
Additional Bundled Units:
    0 MWt <=2,000 MWt...........................................             N/A             TBD             N/A
    >2,000 MWt <=4,500 MWt......................................             N/A             N/A             TBD
----------------------------------------------------------------------------------------------------------------

    (3) The annual fee for an SMR collected under this paragraph (d) is 
in lieu of any fee otherwise required under paragraph (b) of this 
section. The annual fee under this paragraph (d) covers the same 
activities listed for power reactor base annual fee and spent fuel 
storage/reactor decommissioning reactor fee.
    (e) The FY 2021 annual fee for licensees authorized to operate one 
or more non-power production or utilization facilities under a single 
10 CFR part 50 license, unless the reactor is exempted from fees under 
Sec.  171.11(b), is $78,700.
0
17. In Sec.  171.16, revise paragraphs (c) and (d) and remove paragraph 
(e).
    The revisions 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 table 1 
to paragraph (c). 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:

                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
                                                          Maximum annual
                                                              fee per
             NRC Small Entity Classification                 licensed
                                                             category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
 gross receipts over last 3 completed fiscal years):
    $485,000 to $7 million..............................          $4,900
    Less than $485,000..................................           1,000
Small Not-For-Profit Organizations (Annual Gross
 Receipts):
    $485,000 to $7 million..............................           4,900
    Less than $485,000..................................           1,000
    Manufacturing Entities that Have An Average of 500
     Employees or Fewer:
        35 to 500 employees.............................           4,900
    Fewer than 35 employees.............................           1,000
Small Governmental Jurisdictions (Including publicly
 supported educational institutions) (Population):
    20,000 to 49,999....................................           4,900
    Fewer than 20,000...................................           1,000
Educational Institutions that are not State or Publicly
 Supported, and have 500 Employees or Fewer:
    35 to 500 employees.................................           4,900
    Fewer than 35 employees.............................           1,000
------------------------------------------------------------------------

    (d) The FY 2021 annual fees for materials licensees and holders of 
certificates, registrations, or approvals subject to fees under this 
section are shown table 2 to paragraph (d):

[[Page 10486]]



Table 2 to Paragraph (d)--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      $4,835,000
             Enriched Uranium) \15\ [Program Code(s):
             21213].....................................
            (b) Low Enriched Uranium in Dispersible Form       1,639,000
             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\ [Program Code(s): 21205].....
            (c) Others, including hot cell facility \15\             N/A
             [Program Code(s): 21130, 21133]............
    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                  2,400
     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,                5,700
     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         2,107,000
     uranium enrichment facility \15\ [Program Code(s):
     21200].............................................
    F. Licenses for possession and use of special                  4,300
     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             486,000
     material for refining uranium mill concentrates to
     uranium hexafluoride or for deconverting uranium
     hexafluoride in the production of uranium oxides
     for disposal.\15\ [Program Code: 11400]............
        (2) Licenses for possession and use of source
         material in recovery operations such as
         milling, in-situ recovery, heap-leaching, ore
         buying stations, ion-exchange facilities and in-
         processing of ores containing source material
         for extraction of metals other than uranium or
         thorium, including licenses authorizing the
         possession of byproduct waste material
         (tailings) from source material recovery
         operations, as well as licenses authorizing the
         possession and maintenance of a facility in a
         standby mode.
            (a) Conventional and Heap Leach                          N/A
             facilities.\15\ [Program Code(s): 11100]...
            (b) Basic In Situ Recovery facilities.\15\            45,900
             [Program Code(s): 11500]...................
            (c) Expanded In Situ Recovery                            N/A
             facilities.\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]...................
            (f) Other facilities.\6\ [Program Code(s):           \5\ N/A
             11700].....................................
        (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/          2,700
     or installation of source material for shielding.16
     17 Application [Program Code(s): 11210]............
    C. Licenses to distribute items containing source              8,900
     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           5,100
     generally licensed under part 40 of this chapter.
     [Program Code(s): 11230 and 11231].................
    E. Licenses for possession and use of source                   6,300
     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                8,500
     Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
     11820].............................................
3. Byproduct material:
    A. Licenses of broad scope for possession and use of          27,200
     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           36,200
         and use of byproduct material issued under
         parts 30 and 33 of this chapter for processing
         or manufacturing of items containing byproduct
         material for commercial distribution. Number of
         locations of use: 6-20. [Program Code(s):
         03211, 03212, 03213]...........................
        (2). Licenses of broad scope for the possession           45,200
         and use of byproduct material issued under
         parts 30 and 33 of this chapter for processing
         or manufacturing of items containing byproduct
         material for commercial distribution. Number of
         locations of use: More than 20. [Program
         Code(s): 04011, 04013, 04015]..................
    B. Other licenses for possession and use of                    9,500
     byproduct material issued under part 30 of this
     chapter for processing or manufacturing of items
     containing byproduct material for commercial
     distribution. Number of locations of use: 1-5.
     [Program Code(s): 03214, 03215, 22135, 22162]......
        (1). Other licenses for possession and use of             12,700
         byproduct material issued under part 30 of this
         chapter for processing or manufacturing of
         items containing byproduct material for
         commercial distribution. Number of locations of
         use: 6-20. [Program Code(s): 04110, 04112,
         04114, 04116]..................................

[[Page 10487]]

 
        (2). Other licenses for possession and use of             15,700
         byproduct material issued under part 30 of this
         chapter for processing or manufacturing of
         items containing byproduct material for
         commercial distribution. Number of locations of
         use: More than 20. [Program Code(s): 04111,
         04113, 04115, 04117]...........................
    C. Licenses issued under Sec.  Sec.   32.72 and/or             9,000
     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             11,900
         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 and/or          16,100
     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                9,900
     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             8,800
     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            71,500
     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               8,600
     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              17,200
     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               3,500
     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               2,600
     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          12,500
     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            16,500
         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            20,500
         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                   13,300
     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                 15,100
     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.\21\ [Program
     Code(s): 03219, 03225, 03226]......................
    O. Licenses for possession and use of byproduct               29,000
     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                   38,500
         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 10488]]

 
        (2). Licenses for possession and use of                   48,300
         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: More than 20. [Program Code(s): 04311,
         04313].........................................
    P. All other specific byproduct material licenses,             9,800
     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                13,000
         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                16,200
         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                6,000
         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           6,400
         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            23,700
     radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt of           22,400
     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           15,700
     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            8,700
     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               12,400
     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          27,900
     items contaminated with byproduct material, source
     material, or special nuclear material. [Program
     Code(s): 03218]....................................
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40, and 70 of          27,000
     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          35,900
         70 of this chapter for human use of byproduct
         material, source material, or special nuclear
         material in sealed sources contained in gamma
         stereotactic radiosurgery units, teletherapy
         devices, or similar beam therapy devices. This
         category also includes the possession and use
         of source material for shielding when
         authorized on the same license.\9\ Number of
         locations of use: 6-20. [Program Code(s):
         04510, 04512]..................................
        (2). Licenses issued under parts 30, 35, 40, and          44,900
         70 of this chapter for human use of byproduct
         material, source material, or special nuclear
         material in sealed sources contained in gamma
         stereotactic radiosurgery units, teletherapy
         devices, or similar beam therapy devices. This
         category also includes the possession and use
         of source material for shielding when
         authorized on the same license.\9\ Number of
         locations of use: More than 20. [Program
         Code(s): 04511, 04513].........................
        B. Licenses of broad scope issued to medical              36,800
         institutions or two or more physicians under
         parts 30, 33, 35, 40, and 70 of this chapter
         authorizing research and development, including
         human use of byproduct material, except
         licenses for byproduct material, source
         material, or special nuclear material in sealed
         sources contained in teletherapy devices. This
         category also includes the possession and use
         of source material for shielding when
         authorized on the same license.\9\ Number of
         locations of use: 1-5. [Program Code(s): 02110]
        (1). Licenses of broad scope issued to medical            49,000
         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 10489]]

 
        (2). Licenses of broad scope issued to medical            61,200
         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          16,700
     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,            16,800
         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,            20,800
         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                6,000
     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          17,800
     devices or products containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel devices, for commercial
     distribution.......................................
    B. Registrations issued for the safety evaluation of           9,200
     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           5,500
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial distribution...
    D. Registrations issued for the safety evaluation of           1,100
     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, 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           337,000
 Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
    A. Certificates of Compliance.......................    \10\ 996,000
    B. Uranium Mill Tailings Radiation Control Act                81,000
     (UMTRCA) activities [Program Code(s): 03237, 03238]
------------------------------------------------------------------------
\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.

[[Page 10490]]

 
\2\ Payment of the prescribed annual fee does not automatically renew
  the license, certificate, registration, or approval for which the fee
  is paid. Renewal applications must be filed in accordance with the
  requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.
\3\ Each FY, fees for these materials licenses will be calculated and
  assessed in accordance with Sec.   171.13 and will be published in the
  Federal Register for notice and comment.
\4\ Other facilities include licenses for extraction of metals, heavy
  metals, and rare earths.
\5\ There are no existing NRC licenses in these fee categories. If NRC
  issues a license for these categories, the Commission will consider
  establishing an annual fee for this type of license.
\6\ Standardized spent fuel facilities, 10 CFR parts 71 and 72
  Certificates of Compliance and related Quality Assurance program
  approvals, and special reviews, such as topical reports, are not
  assessed an annual fee because the generic costs of regulating these
  activities are primarily attributable to users of the designs,
  certificates, and topical reports.
\7\ Licensees in this category are not assessed an annual fee because
  they are charged an annual fee in other categories while they are
  licensed to operate.
\8\ No annual fee is charged because it is not practical to administer
  due to the relatively short life or temporary nature of the license.
\9\ Separate annual fees will not be assessed for pacemaker licenses
  issued to medical institutions that also hold nuclear medicine
  licenses under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2,
  7.C, 7.C.1, or 7.C.2.
\10\ This includes Certificates of Compliance issued to the U.S.
  Department of Energy that are not funded from the Nuclear Waste Fund.
\11\ See Sec.   171.15(c).
\12\ See Sec.   171.15(c).
\13\ No annual fee is charged for this category because the cost of the
  general license registration program applicable to licenses in this
  category will be recovered through 10 CFR part 170 fees.
\14\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\15\ Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A.,
  and licensees paying fees under fee category 17 must pay the largest
  applicable fee and are not subject to additional fees listed in this
  table.
\16\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\17\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\18\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
  authorized on the same license.
\19\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
  to paying fees under 7.C., 7.C.1, or 7.C.2 for broad scope license
  licenses issued under parts 30, 35, 40, and 70 of this chapter for
  human use of byproduct material, source material, and/or special
  nuclear material, except licenses for byproduct material, source
  material, or special nuclear material in sealed sources contained in
  teletherapy devices authorized on the same license.
\20\ No annual fee is charged for a materials license (or part of a
  materials license) that has transitioned to this fee category because
  the decommissioning costs will be recovered through 10 CFR part 170
  fees, but annual fees may be charged for other activities authorized
  under the license that are not in decommissioning status.
\21\ Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to
  paying fees under 3.N. licenses that authorize services for other
  licensees authorized on the same license.

0
18. In Sec.  171.17, revise paragraphs (a)(1) and (2) to read as 
follows:


Sec.  171.17  Proration.

    (a) * * *
    (1) New licenses. (i) The annual fees for new licenses for power 
reactors and small modular reactors that are subject to fees under this 
part, for which the licensee has notified the NRC on or after October 1 
of a fiscal year (FY) that the licensee has successfully completed 
power ascension testing, are prorated on the basis of the number of 
days remaining in the FY. Thereafter, the full annual fee is due and 
payable each subsequent FY.
    (ii) The annual fees for new licenses for non-power production or 
utilization facilities, 10 CFR part 72 licensees who do not hold 10 CFR 
part 50 or 10 CFR part 52 licenses, and materials licenses with annual 
fees of $100,000 or greater for a single fee category for the current 
FY, that are subject to fees under this part and are granted a license 
to operate on or after October 1 of a FY, are prorated on the basis of 
the number of days remaining in the FY. Thereafter, the full annual fee 
is due and payable each subsequent FY.
    (2) Terminations. The base operating power reactor annual fee for 
operating reactor licensees or the annual fee for small modular reactor 
licensees, who have requested amendment to withdraw operating authority 
permanently during the FY will be prorated based on the number of days 
during the FY the license was in effect before docketing of the 
certifications for permanent cessation of operations and permanent 
removal of fuel from the reactor vessel or when a final legally 
effective order to permanently cease operations has come into effect. 
The spent fuel storage/reactor decommissioning annual fee for reactor 
licensees who permanently cease operations and have permanently removed 
fuel from the site during the FY will be prorated on the basis of the 
number of days remaining in the FY after docketing of both the 
certifications of permanent cessation of operations and permanent 
removal of fuel from the site. The spent fuel storage/reactor 
decommissioning annual fee will be prorated for those 10 CFR part 72 
licensees who do not hold a 10 CFR part 50 or 10 CFR part 52 license 
who request termination of the 10 CFR part 72 license and permanently 
cease activities authorized by the license during the FY based on the 
number of days the license was in effect before receipt of the 
termination request. The annual fee for materials licenses with annual 
fees of $100,000 or greater for a single fee category for the current 
FY will be prorated based on the number of days remaining in the FY 
when a termination request or a request for a possession-only license 
is received by the NRC, provided the licensee permanently ceased 
licensed activities during the specified period. The annual fee for 
non-power production or utilization facilities will be prorated based 
on the number of days remaining in the FY when the authorization to 
operate the facility has been permanently removed from the license 
during the FY.
* * * * *
0
19. Add Sec.  171.26 to read as follows:


Sec.  171.26  Right to dispute assessed fees.

    All debtors' disputes of fees assessed must be submitted in 
accordance with 10 CFR 15.31, ``Disputed Debts.''

    Dated: February 12, 2021.

    For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2021-03282 Filed 2-19-21; 8:45 am]
BILLING CODE 7590-01-P