Revision of Fee Schedules; Fee Recovery for Fiscal Year 2022, 10081-10107 [2022-03715]

Download as PDF 10081 Proposed Rules Federal Register Vol. 87, No. 36 Wednesday, February 23, 2022 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 170 and 171 [NRC–2020–0031] RIN 3150–AK44 Revision of Fee Schedules; Fee Recovery for Fiscal Year 2022 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement the Nuclear Energy Innovation and Modernization Act, which 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, on August 20, 2021, the Chief Financial Officer granted a public interest exemption from the provisions in the fiscal year 2021 final fee rule that required fees for import and export licensing actions. Therefore, this proposed rule would not assess fees for import and export licensing activities in fiscal year 2022. DATES: Submit comments by March 25, 2022. Comments received after this date will be considered if it is practical to do so, but the NRC is only able to ensure consideration for comments received before this date. Because the Nuclear Energy Innovation and Modernization Act requires the NRC to collect fees for fiscal year 2022 by September 30, 2022, 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); however, the NRC khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 encourages electronic comment submission through the Federal rulemaking website: • Federal rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0031. 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. FOR FURTHER INFORMATION CONTACT: Anthony Rossi, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 7341; email: Anthony.Rossi@nrc.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. 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–2020– 0031 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: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0031. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209 or 301–415–4737, or by email to pdr.resource@nrc.gov. For the convenience of the reader, the ADAMS accession numbers are provided in the ‘‘Availability of Documents’’ section of this document. • NRC’s PDR: You may examine and purchase copies of public documents, by appointment, at the NRC’s PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to pdr.resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic submission of comments through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2020–0031 in your comment. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment. The NRC will post all comments at https:// www.regulations.gov as well as enter the comments into ADAMS. The NRC does not routinely edit comments 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 comments. Your request should state that the NRC does not routinely edit comments to remove such information before making the comments available to the public or entering the comments into ADAMS. E:\FR\FM\23FEP1.SGM 23FEP1 10082 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules II. Background; Statutory Authority The NRC’s fee regulations are primarily governed by two laws: (1) The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C. 9701), and (2) the Nuclear Energy Innovation and Modernization Act (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 feerelief 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 fiscal year (FY) 2022, the fee-relief activities identified by the Commission are consistent with prior 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 § 171.16(c) of title 10 of the Code of Federal Regulations (10 CFR), 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, the resources for import and export licensing are identified as a fee-relief activity 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 10 CFR part 170, ‘‘Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, as Amended,’’ 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 total budget authority for the fiscal year (less the budget authority for excluded activities), 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. III. Discussion FY 2022 Fee Collection—Overview The NRC is issuing this FY 2022 proposed fee rule based on the FY 2022 budget request as further described in the NRC’s FY 2022 Congressional Budget Justification (CBJ) (NUREG– 1100, Volume 37) because a full-year appropriation has not yet been enacted for FY 2022. The amount used for total budget authority in this proposed rule is $887.7 million, an increase of $43.3 million from FY 2021. 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 2022 budget request, these exclusions total $131.0 million, an increase of $8.0 million from FY 2021. These excluded activities consist of $91.5 million for fee-relief activities, $23.1 million for advanced reactor regulatory infrastructure activities, $14.3 million for generic homeland security activities, $1.0 million for waste incidental to reprocessing activities, and $1.1 million for Inspector General services for the Defense Nuclear Facilities Safety Board. Table I summarizes the excluded activities for the FY 2022 proposed fee rule. The FY 2021 amounts are provided for comparison purposes. TABLE I—EXCLUDED ACTIVITIES (Dollars in millions) FY 2021 final rule khammond on DSKJM1Z7X2PROD with PROPOSALS Fee-Relief Activities: International activities ....................................................................................................................................... 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 operating power reactors 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 .................................................................................................................................. FY 2022 proposed rule 24.7 10.4 7.0 9.3 7.8 12.3 25.5 11.1 3.7 11.6 7.4 12.1 14.9 3.7 1.0 0.2 15.9 3.0 0.9 0.3 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 91.5 14.1 17.7 16.4 23.1 Total Excluded Activities .................................................................................................................................. 123.0 131.0 After accounting for the exclusions from the fee-recovery requirement and net billing adjustments (i.e., for FY 2022 VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 invoices that the NRC estimates will not be paid during the fiscal year, less payments received in FY 2022 for prior PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 year invoices), the NRC must recover approximately $752.2 million in fees in FY 2022. Of this amount, the NRC E:\FR\FM\23FEP1.SGM 23FEP1 10083 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules estimates that $188.9 million will be recovered through 10 CFR part 170 service fees and approximately $563.3 million will be recovered through 10 CFR part 171 annual fees. Table II summarizes the fee-recovery amounts for the FY 2022 proposed fee rule using the budget request and takes 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, available as indicated in the ‘‘Availability of Documents’’ section of this document, for actual amounts. In FY 2021, the explanatory statement associated with the Consolidated Appropriations Act, 2021, included direction for the NRC to use $35.0 million in prior-year unobligated carryover funds, including $16.0 million for the University Nuclear Leadership Program. Since a full-year appropriation has not yet been enacted, the FY 2022 proposed fee rule is based on the FY 2022 budget request. Therefore, this proposed fee rule does not account for the utilization of carryover funds. The FY 2021 amounts are provided for comparison purposes. TABLE II—BUDGET AND FEE RECOVERY AMOUNTS (Dollars in millions) FY 2021 Final rule Total Budget Authority ....................................................................................................................................... Less Budget Authority for Excluded Activities: .................................................................................................. $844.4 ¥123.0 $887.7 ¥131.0 Balance ....................................................................................................................................................... Fee Recovery Percent ....................................................................................................................................... 721.4 100 756.7 100 Total Amount to be Recovered: ........................................................................................................................ Less Estimated Amount to be Recovered through 10 CFR Part 170 Fees .............................................. 721.4 ¥190.6 756.7 ¥188.9 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) ......................................... 530.8 567.8 2.1 2.0 ¥2.7 ¥12.8 N/A ¥6.5 Adjusted Amount to be Recovered through 10 CFR parts 170 and 171 Fees ................................................ 708.0 752.2 Adjusted 10 CFR part 171 Annual Fee Collections Required .......................................................................... 517.4 563.3 Professional Hourly Rate = Budgeted Resources Mission-Direct FTE Converted to Hours For FY 2022, the NRC is proposing to increase the professional hourly rate from $288 to $291. The 0.9 percent increase in the professional hourly rate is primarily due to a 1.5 percent increase in budgetary resources of approximately $11.2 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 increase in the number of mission-direct FTE compared to FY VerDate Sep<11>2014 18:36 Feb 22, 2022 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 Jkt 256001 = $743.4 million 1,694 X 1,510 2021 is an offset to the increase in the professional hourly rate. The number of mission-direct FTE is expected to increase by 10, primarily to support new reactor licensing activities, including the review of design certifications, preapplication activities, and the review of combined license (COL) applications. The FY 2022 estimate for annual mission-direct FTE productive hours is 1,510 hours, which is unchanged from FY 2021. This estimate, also referred to as the productive hours assumption, PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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: = $291 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 2021 amounts are provided for comparison purposes. E:\FR\FM\23FEP1.SGM 23FEP1 EP23FE22.000</GPH> FY 2022 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. khammond on DSKJM1Z7X2PROD with PROPOSALS FY 2022 Proposed rule 10084 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules TABLE III—PROFESSIONAL HOURLY RATE CALCULATION [Dollars in millions, except as noted] FY 2021 final rule Mission-Direct Program Salaries & Benefits ........................................................................................................... Mission-Indirect Program Support ........................................................................................................................... Agency Support (Corporate Support and the IG) ................................................................................................... Subtotal .................................................................................................................................................................... Less Offsetting Receipts 1 ....................................................................................................................................... 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) ............................................................................................................................................................ Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by MissionDirect FTE Converted to Hours) (Whole Numbers) ............................................................................................ FY 2022 Fee Collection—Flat Application Fee Changes khammond on DSKJM1Z7X2PROD with PROPOSALS 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 $291. 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 2022. 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 higher professional hourly rate of $291 is the primary reason for the increase in flat 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 1 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. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 way that ensures both convenience for its stakeholders and minimal effects due to rounding. 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 flat fees are applicable for certain materials licensing actions (see fee categories 1.C. through 1.D., 2.B. through 2.F., 3.A. through 3.S., 4.B. through 5.A., 6.A. through 9.D., 10.B., 15.A. through 15.L., 15.R., and 16 of § 170.31). Applications filed on or after the effective date of the FY 2022 final fee rule will be subject to the revised fees in the final rule. In accordance with NEIMA, in FY 2022, the NRC identified international activities, including the resources for import and export licensing activities, as a fee-relief activity to be excluded from the fee-recoverable budget. The FY 2021 final fee rule, published in the Federal Register (86 FR 32146; June 16, 2021), provided for fees to be charged for import and export licensing actions, consistent with the FY 2021 budget request. However, charging fees under 10 CFR part 170 for import and export licensing actions during the effective dates of the FY 2021 final fee rule would be inconsistent with the Commission’s substantive fee policy decision in the FY 2022 budget request and would result in the NRC imposing fees for import and export licensing actions for only one FY between FY 2018 and FY 2022. This would not be fair and equitable and could also lead to confusion for the affected import and export license applicants/licensees. Therefore, in light of the particular facts and unique history associated with this matter, on August 20, 2021, the Chief Financial Officer concluded that it would be in the public interest to grant an exemption from the provisions in the PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 FY 2022 proposed rule $335.3 $113.2 $283.7 $732.2 $0.0 $732.2 1,684 1,510 $348.9 $115.6 $278.9 $743.4 $0.0 $743.4 1,694 1,510 2,542,840 2,557,940 $288 $291 FY 2021 final fee rule (in §§ 170.21 and 170.31) that would require fees for import and export licensing actions in accordance with § 170.11(b). In accordance with the Commission’s substantive fee policy decision for FY 2022, fees will not be assessed for import and exporting licensing activities (see fee categories K.1. through K.5. of § 170.21 and fee categories 15.A. through 15.R. of § 170.31) under this proposed rule. FY 2022 Fee Collection—Low-Level Waste Surcharge As in prior years, the NRC proposes to assess a generic low-level waste (LLW) surcharge of $4.3 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 E:\FR\FM\23FEP1.SGM 23FEP1 10085 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules that are licensed by the Agreement States rather than the NRC. Table IV shows the allocation of the LLW surcharge and its allocation across the various fee classes. TABLE IV—ALLOCATION OF LLW SURCHARGE FY 2022 [Dollars in millions] LLW surcharge Fee classes Percent $ Operating Power Reactors ...................................................................................................................................... Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... Non-Power Production or Utilization Facilities ........................................................................................................ Fuel Facilities ........................................................................................................................................................... Materials Users ........................................................................................................................................................ Transportation .......................................................................................................................................................... Rare Earth Facilities ................................................................................................................................................ Uranium Recovery ................................................................................................................................................... 87.5 0.0 0.0 9.9 2.6 0.0 0.0 0.0 3.7 0.0 0.0 0.4 0.1 0.0 0.0 0.0 Total .................................................................................................................................................................. 100.0 4.3 FY 2022 Fee Collection—Revised Annual Fees In accordance with SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ the NRC rebaselines its annual fees every year. ‘‘Rebaselining’’ entails analyzing the budget in detail and then allocating the FY 2022 budgeted resources to various classes or subclasses of licensees. It also includes updating the number of NRC licensees in its fee calculation methodology. The NRC is proposing revisions to its annual fees in §§ 171.15 and 171.16 to recover approximately 100 percent of the NRC’s FY 2022 budget request (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 $188.9 million, which is a decrease of $1.6 million from the FY 2021 final rule. The NRC, therefore, must recover $563.3 million through annual fees from its licensees, which is an increase of $43.1 million from the FY 2021 final rule. Table V shows the proposed rebaselined fees for FY 2022 for a sample of licensee categories. The FY 2021 amounts are provided for comparison purposes. TABLE V—REBASELINED ANNUAL FEES [Actual dollars] FY 2021 final annual fee khammond on DSKJM1Z7X2PROD with PROPOSALS Class/category of licenses FY 2022 proposed annual fee Operating Power Reactors ...................................................................................................................................... + Spent Fuel Storage/Reactor Decommissioning ................................................................................................... $4,749,000 237,000 $5,165,000 254,000 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) ...................................................................................... 4,986,000 237,000 80,000 4,643,000 1,573,000 2,023,000 467,000 47,200 5,419,000 254,000 93,000 4,441,000 1,505,000 1,935,000 447,000 47,000 29,100 9,900 16,800 17,900 29,700 9,900 17,000 18,200 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 VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 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. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 a. Operating Power Reactors The NRC proposes to collect $485.5 million in annual fees from the operating power reactors fee class in FY 2022, as shown in Table VI. The FY 2021 operating power reactors fees are shown for comparison purposes. E:\FR\FM\23FEP1.SGM 23FEP1 10086 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS [Dollars in millions] FY 2021 final rule khammond on DSKJM1Z7X2PROD with PROPOSALS Summary fee calculations FY 2022 proposed rule Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $611.8 ¥161.6 $645.1 ¥160.0 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation .............................................................................................................................. Allocated LLW surcharge ........................................................................................................................................ Billing adjustment ..................................................................................................................................................... Adjustment: Estimated current year collections from a terminated reactor (Indian Point Generating, Unit 3 in FY 2021) .............................................................................................................................................................. 450.2 0.3 2.9 ¥9.1 485.1 0.5 3.7 ¥3.9 ¥2.7 N/A Total required annual fee recovery .................................................................................................................. Total operating reactors ................................................................................................................................... 441.7 93 485.5 94 Annual fee per operating reactor ............................................................................................................................. $4.749 $5.165 In comparison to FY 2021, the FY 2022 proposed annual fee for the operating power reactors fee class is increasing primarily due to the following: (1) An increase in budgeted resources; (2) a reduction of the 10 CFR part 171 billing adjustment; (3) the absence of the collection adjustment that was provided in FY 2021 due to the shutdown of Indian Point Generating, Unit 3; and (4) a decrease in 10 CFR part 170 estimated billings. The increase in the annual fee for the operating power reactors fee class is partially offset due to the increase in the total number of operating power reactors from 93 to 94. These components are discussed in the following paragraphs. The budgeted resources for the operating power reactors fee class increased primarily due to the following: (1) An increase in contract funding in the information technology program to support the Mission Analytics Portal (a tool to enhance the agency’s ability to leverage data to support mission activities), to develop infrastructure to increase analytics capabilities using artificial intelligence, and to develop mobile applications for resident inspectors; (2) an increase in certain contract costs in the areas of research, event response, and licensing due to the absence of authorized prior year unobligated carryover funding compared to FY 2021; (3) to support new reactor licensing activities for the review of the Westinghouse eVinci micro reactor design certification, the review of the NuScale Power, LLC standard design approval application, and pre-application activities for three non-light water reactors and COL applications; and (4) security-related pre-application activities for the Utah Associated Municipal Power Systems application. These new reactor resources are offset by a decrease in VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 oversight resulting from the anticipated transition of Vogtle Electric Generating Plant, Units 3 and 4 (Vogtle Units 3 and 4), from construction into operation. The proposed annual fee is also increasing due to the following contributing factors: (1) A lower 10 CFR part 171 billing adjustment credit than was included in the operating power reactors fee class calculation in FY 2021 from the deferral of annual fees and service fees due to the coronavirus disease (COVID–19) pandemic; and (2) the absence of the one-time current year collection adjustment that resulted in a credit of $2,700,000 due to the shutdown of Indian Point Nuclear Generating, Unit 3, in FY 2021. Furthermore, the proposed annual fee for the operating power reactors fee class is increasing due to a decrease in the 10 CFR part 170 estimated billings as a result of the following: (1) The NRC’s denial of the Oklo Power, LLC COL application to build and operate the Aurora compact fast reactor and (2) a decrease in hours associated with operator reactor licensing activities. The decrease in 10 CFR part 170 estimated billings is offset by an increase in work due to the following: (1) An anticipated rise in in-person inspections and travel as COVID–19 impacts become less prominent; (2) an increase in operating reactors license renewal applications; and (3) licensing activities to support the planned reviews of new power reactor designs. The fee-recoverable budgeted resources are divided equally among the 94 licensed operating power reactors, an increase of one operating power reactor compared to FY 2021 due to the proposed assessment of annual fees for Vogtle Unit 3, resulting in an annual fee of $5,165,000 per reactor. Additionally, each licensed operating power reactor will be assessed the FY 2022 spent fuel PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 storage/reactor decommissioning annual fee of $254,000 (see Table VII and the discussion that follows). The combined FY 2022 proposed annual fee for each operating power reactor is $5,419,000. Section 102(b)(3)(B)(i) of NEIMA established 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. The NRC included an estimate of the operating power reactors annual fee in Appendix C, ‘‘Estimated Operating Power Reactors Annual Fee,’’ of the FY 2022 budget request, with the intent to increase transparency with stakeholders. The NRC developed this estimate based on the staff’s allocation of the FY 2022 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 94 operating power reactors in FY 2022 and applied various data assumptions from the FY 2021 final fee rule (86 FR 32146; June 16, 2021). Based on these allocations and assumptions, the operating power reactor annual fee included in the FY 2022 budget request 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 $5.5 million. Although the FY 2022 budget request included the estimated operating power reactors annual fee, the assumptions made between budget formulation and the development of the FY 2022 proposed rule have changed; however, the FY 2022 proposed annual fee of $5,165,000 remains below the FY E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 2015 operating power reactors annual fee amount adjusted for inflation. In FY 2016, the NRC amended its licensing, inspection, and annual fee regulations to establish a variable annual fee structure for light-water small modular reactors (SMRs) (81 FR 32617). Under the variable annual fee structure, an SMR annual fee would be assessed as a function of its bundled licensed thermal power rating. Currently, there are no operating SMRs; therefore, the NRC will not assess an annual fee in FY 2022 for this type of licensee. b. Spent Fuel Storage/Reactor Decommissioning The NRC proposes to collect $31.3 million in annual fees from 10 CFR part 10087 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 resources for the spent fuel storage/reactor decommissioning fee class in FY 2022, as shown in Table VII. The FY 2021 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 final rule Summary fee calculations FY 2022 proposed rule Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $42.2 ¥13.8 $40.4 ¥10.3 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation costs .................................................................................................................... Billing adjustments ................................................................................................................................................... 28.4 1.1 ¥0.6 30.2 1.4 ¥0.3 Total required annual fee recovery .................................................................................................................. Total spent fuel storage facilities ...................................................................................................................... 28.9 122 31.3 123 Annual fee per facility .............................................................................................................................................. 0.237 0.254 In comparison to FY 2021, the FY 2022 proposed annual fee for the spent fuel storage/reactor decommissioning fee class is increasing primarily due to the following: (1) The decline in the 10 CFR part 170 estimated billings and (2) a reduction of the 10 CFR part 171 billing adjustment. The increase in the proposed annual fee is partially offset by a decrease in the budgeted resources. These components are discussed in the following paragraphs. The 10 CFR part 170 estimated billings for the spent fuel storage/reactor decommissioning fee class decreased primarily due to the following: (1) A reduction in hours and contract support associated with the staff’s review of applications for renewals and amendments for independent spent fuel storage installation (ISFSI) licenses and dry cask storage certificates of compliance (CoCs); (2) the completion of the review of the Interim Storage Partners consolidated interim storage facility application and issuance of the license; and (3) the near completion of the staff’s review of the Holtec HI– STORE consolidated interim storage facility application. This decrease in the 10 CFR part 170 estimated billings is partially offset by increased work, including the following: (1) Inspection activities, exemption requests, and financial assurance reviews for ISFSI licenses and dry cask storage CoCs; (2) the staff’s review of a new fuel storage system; and (3) activities within the power reactor decommissioning program to support Indian Point Generating Unit 2’s transition to decommissioning, the staff’s review of a license transfer application for Kewaunee, and an increase in contract support for license termination plan activities, cooling tower demo surveys, and confirmatory surveys. The increase in the annual fee is also due to a lower 10 CFR part 171 billing adjustment credit than was included in the spent fuel storage/reactor decommissioning fee class calculation in FY 2021 from the deferral of annual fees and service fees due to the COVID– 19 pandemic. The increase in the annual fee for the spent fuel storage/reactor decommissioning fee class is partially offset by a decline in budgeted resources with changes in workload primarily due to the completion of the license application reviews for the consolidated interim storage facilities and renewals for other ISFSIs. The decrease in the budgeted resources is offset by an increase in contract costs due to the absence of prior year unobligated carryover funding compared to FY 2021. The required annual fee recovery amount is divided equally among 123 licensees, resulting in a FY 2022 annual fee of $254,000 per licensee. c. Fuel Facilities The NRC proposes to collect $16.8 million in annual fees from the fuel facilities fee class in FY 2022, as shown in Table VIII. The FY 2021 fuel facilities fees are shown for comparison purposes. TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES khammond on DSKJM1Z7X2PROD with PROPOSALS [Dollars in millions] FY 2021 final rule Summary fee calculations FY 2022 proposed rule Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $23.3 ¥7.3 $22.4 ¥7.8 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation .............................................................................................................................. Allocated LLW surcharge ........................................................................................................................................ 16.0 1.5 0.3 14.6 1.9 0.4 VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 10088 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES—Continued [Dollars in millions] FY 2021 final rule Summary fee calculations FY 2022 proposed rule Billing adjustments ................................................................................................................................................... ¥0.4 ¥0.2 Total remaining required annual fee recovery ................................................................................................. 17.5 16.8 In comparison to FY 2021, the FY 2022 proposed annual fee for the fuel facilities fee class is decreasing primarily due to the decrease in budgeted resources and the increase in 10 CFR part 170 estimated billings as discussed in the following paragraphs. The budgeted resources for the fuel facilities fee class decreased primarily due to the following: (1) Efficiencies gained as a result of implemented enhancements to the licensing program and 2) enhancements made to the fuel facility oversight program through the implementation of the smarter inspection program. The 10 CFR part 170 estimated billings increased as a result of the following: (1) The review of a new fuel facility license application, including the environmental review, for TRISO–X and (2) the staff’s continued review of the Westinghouse Electric Company, LLC license renewal application. 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 2022 Facility type (fee category) High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... Limited Operations (1.A.(2)(a)) .................................................................................................... Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. Hot Cell (and others) (1.A.(2)(c)) ................................................................................................. Uranium Enrichment (1.E.) .......................................................................................................... UF6 Conversion and Deconversion (2.A.(1)) ............................................................................... In FY 2022, the total remaining amount of the proposed annual fees to be recovered, $16.8 million, is attributable to safety activities, safeguards activities, and the LLW surcharge. For FY 2022, the total budgeted resources proposed to be recovered as annual fees for safety activities are $8.9 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, $7.5 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— $0.4 million—is allocated to each fee category based on its percentage of the Safety 2 3 1 0 0 1 1 Safeguards 88 70 3 0 0 16 7 91 21 17 0 0 23 2 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 proposed annual fee for each facility is summarized in Table X. TABLE X—ANNUAL FEES FOR FUEL FACILITIES [Actual dollars] FY 2021 final annual fee khammond on DSKJM1Z7X2PROD with PROPOSALS Facility type (fee category) High-Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................ Low-Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................................. Facilities with 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)) .......................................................................................................... VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 $4,643,000 1,573,000 1,037,000 N/A N/A 2,023,000 467,000 FY 2022 proposed annual fee $4,441,000 1,505,000 992,000 N/A N/A 1,935,000 447,000 10089 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules recovery facilities fee class in FY 2022, as shown in Table XI. The FY 2021 d. Uranium Recovery Facilities The NRC proposes to collect $0.2 million in annual fees from the uranium uranium recovery facilities fees are shown for comparison purposes. TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES [Dollars in millions] FY 2021 final rule Summary fee calculations FY 2022 proposed rule Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $0.5 ¥0.3 $0.7 ¥0.5 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation .............................................................................................................................. Billing adjustments ................................................................................................................................................... 0.2 N/A 0.0 0.2 N/A 0.0 Total required annual fee recovery .................................................................................................................. 0.2 0.2 In comparison to FY 2021, the FY 2022 proposed annual fee for the nonDOE licensee in the uranium recovery facilities fee class is decreasing slightly due to an increase in 10 CFR part 170 estimated billings to support an increase in casework for Crow Butte Resources, Inc. related to its license renewal and to support a dam safety inspection. The NRC regulates DOE’s Title I and Title II activities under the Uranium Mill Tailings Radiation Control Act (UMTRCA).2 The annual fee assessed to DOE includes the resources specifically budgeted for the NRC’s UMTRCA Title I and II activities, as well as 10 percent of the remaining budgeted resources 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 proposed annual fee is increasing compared to FY 2021 due to an increase in budgetary resources attributed to generic work that staff will be performing to resolve issues associated with the transfer of NRC and Agreement State uranium mill tailings sites to the DOE for long-term surveillance and maintenance. The increase in the annual fee is offset by 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 resources to the remaining licensee in this fee class, as described in the work papers, which is reflected in Table XII. TABLE XII—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FACILITIES FEE CLASS [Actual dollars] FY 2021 final annual fee Summary of costs DOE Annual Fee Amount (UMTRCA Title I and Title II) General Licenses: UMTRCA Title I and Title II budgeted resources less 10 CFR part 170 receipts ........................................... 10 percent of generic/other uranium recovery budgeted resources ................................................................ 10 percent of uranium recovery fee-relief adjustment ..................................................................................... $111,536 5,241 N/A $170,294 5,222 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 resources less the amounts specifically budgeted for UMTRCA Title I and Title II activities ...................................................................................................... 90 percent of uranium recovery fee-relief adjustment ..................................................................................... 117,000 176,000 47,166 N/A 46,994 N/A Total Annual Fee Amount for Other Uranium Recovery Licenses ........................................................... 47,166 46,994 Further, for any non-DOE licensees, the NRC will continue using a matrix to khammond on DSKJM1Z7X2PROD with PROPOSALS FY 2022 proposed annual fee 2 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. VerDate Sep<11>2014 18:36 Feb 22, 2022 Jkt 256001 determine the effort levels associated with conducting generic regulatory actions for the different licensees in the uranium recovery facilities 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 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 basic in situ recovery facility. Table XIII displays the benefit factors for the nonDOE licensee in that fee category. E:\FR\FM\23FEP1.SGM 23FEP1 10090 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES Benefit factor per licensee Number of licensees Fee category 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 Total .......................................................................................................... 1 190 190 100 The FY 2022 proposed 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 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 $0.279 million in annual fees from the non- power production or utilization facilities fee class in FY 2022, as shown in Table XV. The final FY 2021 nonpower production or utilization N/A $47,200 N/A N/A FY 2022 proposed annual fee N/A $47,000 N/A N/A facilities fees are shown for comparison purposes. TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR NON-POWER PRODUCTION OR UTILIZATION FACILITIES [Actual dollars] FY 2021 final rule khammond on DSKJM1Z7X2PROD with PROPOSALS Summary fee calculations FY 2022 proposed rule Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $2,896,754 ¥2,576,000 $6,079,694 ¥5,803,000 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation 3 ............................................................................................................................ Billing adjustments 3 ................................................................................................................................................. 320,754 43,302 ¥43,915 276,694 38,860 ¥36,633 Total required annual fee recovery .................................................................................................................. Total non-power production or utilization facilities licenses ............................................................................. 320,141 4 278,921 3 Total annual fee per license (rounded) ................................................................................................................... $80,000 $93,000 In comparison to FY 2021, the FY 2022 proposed annual fee for the nonpower production or utilization facilities fee class is increasing, primarily due to the decrease of nonpower production or utilization 3 In the FY 2021 final fee rule, the decimal places for the ‘‘allocated generic transportation’’ and ‘‘billing adjustments’’ calculations were adjusted to the thousandths place instead of the correct ten thousandths place. There was no impact to the overall calculation for the FY 2021 final fee rule. The revised dollar amounts for FY 2021 are shown here to align with the rest of Table XV and provide a clearer comparison to the FY 2022 proposed fees. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 facilities from four to three due to the expected transition of the Aerotest Radiography and Research Reactor to decommissioning. In FY 2022, the budgetary resources for the non-power production or utilization facilities fee class are primarily increasing because of an increase in workload associated with medical isotope production facilities and advanced research and test reactors. In addition, the 10 CFR part 170 estimated billings with respect to the medical isotope production facilities and advanced research and test reactors PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 are increasing primarily due to the following: (1) The staff’s review of the operating license application for SHINE Medical Technologies, LLC and construction inspection activities; (2) the staff’s review of the Kairos Power application for a permit to construct a test reactor; (3) pre-application meetings; and (4) the review of topical reports. The 10 CFR part 170 estimated billings associated with the current fleet of operating non-power production or utilization facilities licensees subject to annual fees are increasing to support the following: (1) Activities associated with E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules the review of the GE Nuclear Test Reactor license renewal application and amendments and (2) activities associated with the special team inspection and restart for the National Institute of Standards and Technology Neutron Reactor. The annual fee-recovery amount is divided equally among the three nonpower production or utilization facilities licensees subject to annual fees and results in an FY 2022 proposed annual fee of $93,000 for each licensee. f. Rare Earth The agency received an application for a rare earth facility in FY 2021. In FY 2022, the NRC has allocated approximately $0.2 million in budgeted resources to this fee class; however, because all the budgetary resources will be recovered through service fees assessed under 10 CFR part 170, the 10091 NRC is not proposing to assess and collect annual fees in FY 2022 for this fee class. g. Materials Users The NRC proposes to collect $35.0 million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70 in FY 2022, as shown in Table XVI. The FY 2021 materials users fees are shown for comparison purposes. TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS [Dollars in millions] FY 2021 final rule Summary fee calculations Total budgeted resources for licensees not regulated by Agreement States ......................................................... Less estimated 10 CFR part 170 receipts .............................................................................................................. $35.1 ¥1.0 $34.1 ¥0.9 Net 10 CFR part 171 resources ....................................................................................................................... Allocated generic transportation .............................................................................................................................. LLW surcharge ........................................................................................................................................................ Billing adjustments ................................................................................................................................................... 34.1 1.5 0.1 ¥0.4 33.2 1.8 0.1 ¥0.2 Total required annual fee recovery .................................................................................................................. 35.3 35.0 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. khammond on DSKJM1Z7X2PROD with PROPOSALS FY 2022 proposed rule The total annual fee recovery of $35.0 million for FY 2022 shown in Table XVI consists of $27.2 million for general costs, $7.7 million for inspection costs, and $0.1 million for LLW costs. To equitably and fairly allocate the $35.0 million required to be collected among approximately 2,460 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 VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 associated with the categories of licenses. In comparison to FY 2021, the FY 2022 proposed annual fees are increasing for 44 fee categories within the materials users fee class primarily due to the following: (1) An increase in the budgeted resources for inspections activities compared to the FY 2021 biennial review of inspection hours; (2) a decline in 10 CFR part 170 estimated billings; (3) an increase in generic transportation costs for materials users; and (4) a reduction of materials users licensees from FY 2021. A constant multiplier is established to recover the total general costs (including allocated generic transportation costs) of $27.2 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 1.0 for FY 2022. The average inspection cost is the average inspection hours for each fee category multiplied by the professional hourly rate of $291. The inspection priority is the interval between routine inspections, expressed in years. The inspection multiplier is established in PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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 1.47 for FY 2022. 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 being assessed to each licensee also takes into account a share of approximately $0.11 million in LLW surcharge costs allocated to the materials users fee class (see Table IV, ‘‘Allocation of LLW Surcharge, FY 2022,’’ in Section III, ‘‘Discussion,’’ of this document). The proposed annual fee for each fee category is shown in the proposed revision to § 171.16(d). h. Transportation The NRC proposes to collect $1.7 million in annual fees to recover generic transportation budgeted resources in FY 2022, as shown in Table XVII. The FY 2021 fees are shown for comparison purposes. E:\FR\FM\23FEP1.SGM 23FEP1 10092 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION [Dollars in millions] FY 2021 final rule Summary fee calculations FY 2022 proposed rule Total budgeted resources ........................................................................................................................................ Less estimated 10 CFR part 170 receipts .............................................................................................................. $8.3 ¥2.3 $10.2 ¥2.8 Net 10 CFR part 171 resources ....................................................................................................................... Less generic transportation resources .................................................................................................................... Billing adjustments ................................................................................................................................................... 5.9 ¥4.5 ¥0.1 7.3 ¥5.7 0.0 Total required annual fee recovery .................................................................................................................. 1.4 1.7 In comparison to FY 2021, the FY 2022 proposed annual fee for the transportation fee class is increasing primarily due to an increase in the budgeted resources offset by: (1) An increase in the 10 CFR part 170 estimated billings and (2) generic transportation resources allocated to other fee classes as discussed in the following paragraphs. In FY 2022, the budget resources increased primarily due to the following: (1) To support the staff’s review of transportation package applications (including the reviews of accident tolerant fuels (ATF)); (2) to support research activities along with the development of technical bases for the review of transportation packages loaded with batch quantities of fresh ATF; and (3) an increase in certain contract costs due to the absence of prior year unobligated carryover funding compared to FY 2021. The increase in the proposed annual fee is offset by an increase in 10 CFR part 170 estimated billings related to the review of new amendment packages and generic transportation resources allocated to respective fee classes due to an increase in the number of CoCs. 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 three 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 0.5 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 2022 [Dollars in millions] Number of CoCs benefiting fee class or DOE khammond on DSKJM1Z7X2PROD 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 ............................................................................................................................... 23.0 6.0 17.0 0.5 24.0 25.1 6.6 18.6 0.5 26.2 $1.8 0.5 1.4 0.0 1.9 Sub-Total of Generic Transportation Resources ................................................................. DOE ............................................................................................................................................. 70.5 21.0 77.0 23.0 5.6 1.7 Total ...................................................................................................................................... 91.5 100.0 7.3 The NRC assesses an annual fee to DOE based on the 10 CFR part 71 CoCs it holds. The NRC, therefore, does not allocate these DOE-related resources to other licensees’ annual fees because these resources specifically support DOE. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 FY 2022—Policy Changes The NRC is not proposing any policy changes for FY 2022. FY 2022—Administrative Changes The NRC is proposing five administrative changes in FY 2022: 1. Amend § 170.3, ‘‘Definitions,’’ by deleting the definition for the phrase review is completed and incorporating PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 language from the definition into § 170.12(b)(3). The NRC proposes to amend § 170.3 by eliminating the definition for the phrase review is completed and incorporating language from the definition into § 170.12(b)(3). The definition is unnecessary in 10 CFR part 170 because this phrase is only referenced one time. This proposed E:\FR\FM\23FEP1.SGM 23FEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules amendment would not impact the NRC’s assessment of 10 CFR part 170 service fees. 2. Amend § 170.11, ‘‘Exemptions,’’ by clarifying exemption requirements. The NRC proposes to amend paragraph (a)(1)(i) by replacing the word ‘‘that’’ with ‘‘where the request/report,’’ for consistency with the use of the latter phrase in the introductory text of paragraph (a)(1). In addition, the NRC proposes to amend paragraph (c) by replacing the word ‘‘work’’ with ‘‘request/report’’ for consistency with paragraph (a)(1) and to avoid any potential ambiguity about what is considered the ‘‘work’’ for purposes of the 90-day period in which the fee exemption must be submitted to the NRC’s Chief Financial Officer. The NRC also proposes to amend § 170.11(a)(1)(ii) by retaining the ‘‘generic regulatory improvements’’ clause in paragraph (a)(1)(ii) and moving ‘‘Office Director level or above,’’ to a new paragraph (a)(1)(iii). These changes would clarify that the Chief Financial Officer may grant an exemption when the review of a request/report, at the time it is submitted, would ‘‘assist the NRC in generic regulatory improvements or efforts,’’ even if there is no ‘‘request from the Office Director level or above’’ to resolve ‘‘an identified safety, safeguards, or environmental issue.’’ Finally, the NRC proposes to move paragraph (a)(13) on CFO communications to a new paragraph (d) because this is not an exemption category but rather a separate requirement applicable to all fee exemption requests under 10 CFR part 170. These proposed amendments to § 170.11 would not change the NRC’s fee exemption policy. 3. Amend § 170.12(f), ‘‘Method of payment,’’ by clarifying the types of payments, updating the contact information for payments, and clarifying the payment method. The NRC proposes to amend paragraph (f) by replacing ‘‘all license fees’’ with ‘‘all fee payments under 10 CFR part 170,’’ for additional clarity. Currently, paragraph (f) states, in part, that all license fee payments are to be payable to the U.S. Nuclear Regulatory Commission. Since paragraph (f) applies to all fees and not only licensing fees, this proposed amendment would provide additional clarity for fee payments under 10 CFR part 170. In addition, the NRC proposes to further amend paragraph (f) by replacing ‘‘License Fee and Accounts Receivable Branch’’ with the ‘‘Office of the Chief Financial Officer’’ to remove reference VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 to a specific branch because the Office of the Chief Financial Officer collects fees for the NRC. This proposed amendment would eliminate the need to revise the branch information after reorganizations or branch name changes. Finally, the NRC is proposing to revise paragraph (f) to clarify that fee payments can be made electronically using www.Pay.gov or manually using NRC Form 629, ‘‘Authorization for Payment by Credit Card,’’ which will align with the terms and conditions that are currently being updated to clarify the methods of payment. 4. Add footnote 6 to the table in § 170.21, ‘‘Schedule of fees for production and utilization facilities, review of standard referenced design approvals, special projects, inspections, and import and export licenses,’’ and footnote 12 to the table in § 170.31, ‘‘Schedule of fees for materials licenses and other regulatory services, including inspections, and import and export licenses.’’ The NRC proposes to add footnote 6 to the table in § 170.21 and footnote 12 to the table in § 170.31. In accordance with NEIMA, in FY 2022, the NRC identified international activities, including the resources for import and export licensing activities, as a fee-relief activity to be excluded from the feerecoverable budget. Therefore, the NRC is not proposing to charge fees for import and export licensing actions. 5. Add footnote 13 to the table in § 170.31 for clarity. The NRC proposes to add footnote 13 to the table in § 170.31 to clarify, with respect to 10 CFR part 170 fees, that licensees paying fees under 4.A., 4.B. or 4.C. in the table are not subject to paying fees under 3.N. The proposed footnote would be identical to footnote 21 to the table in § 171.16(d). Update on the Fees Transformation Initiative In the staff requirements memorandum, dated October 19, 2016, for SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 Proposed Fee Rule,’’ the Commission directed the staff to accelerate its process improvements for setting fees. 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. The one fees transformation activity yet to be completed is the rulemaking to update the NRC’s small business size standards in § 2.810, ‘‘NRC size standards.’’ The NRC published a PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 10093 proposed rule on July 26, 2021 (86 FR 39980) and provided a 30-day comment period, which closed August 25, 2021. The NRC proposed to increase the upper and lower tiers for its receipts-based small entity size standards for small businesses and small not-for-profit organizations. This change would allow the NRC’s standards to remain consistent with the inflation adjustments made by the Small Business Administration size standard for nonmanufacturing concerns. In addition, in accordance with the Small Business Runway Extension Act of 2018, the NRC proposed changing the calculation of annual average receipts for the receipts-based NRC size standard for small businesses that provide a service or for small businesses not engaged in manufacturing from a 3-year averaging period to a 5-year averaging period. The NRC did not receive public comments on the proposed rule and is in the process of publishing the final rule. The NRC will include updates on this rulemaking activity in the FY 2022 final fee rule 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/readingrm/doc-collections/rulemakingruleforum/active/RuleIndex.html, or by Docket ID NRC–2014–0264 at https:// www.regulations.gov. For more information, see the fees transformation accomplishments schedule, located on the NRC’s license fees website: 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),4 the NRC has prepared a regulatory flexibility analysis related to this proposed rule. The regulatory flexibility analysis is available as indicated in the ‘‘Availability of Documents’’ section 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 2022 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 4 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, Pulic Law 104– 121, Title II, 110 Stat. 847 (1996). E:\FR\FM\23FEP1.SGM 23FEP1 10094 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 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 khammond on DSKJM1Z7X2PROD with PROPOSALS The Plain Writing Act of 2010 (Public Law 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 § 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. 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 2022 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. 604 to prepare a regulatory flexibility analysis. The NRC, in compliance with the law, prepared the ‘‘Small Entity Compliance Guide’’ for the FY 2021 fee rule. The compliance guide was developed when the NRC completed the small entity biennial review for FY 2021. The NRC plans to continue to use this compliance guide for FY 2022 and has relabeled the compliance guide to reflect the current fiscal year. This compliance guide is available as indicated in the ‘‘Availability of Documents’’ section of this document. XII. Public Meeting The NRC will conduct a public meeting to describe the FY 2022 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: https://www.nrc.gov/public-involve/ public-meetings/index.cfm. XIII. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. Documents ADAMS accession No./FR citation/web link NUREG–1100, Volume 37, ‘‘Congressional Budget Justification: Fiscal Year 2022’’ (June 2021) ... FY 2022 Proposed Rule Work Papers ................................................................................................ OMB Circular A–25, ‘‘User Charges’’ .................................................................................................. ML21181A336. ML22032A035. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/ a025/a025.html. 86 FR 32146. ML21209A553. ‘‘Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021,’’ dated June 16, 2021 ................ ‘‘Public Interest Exemption from Provisions in the Fiscal Year 2021 Fee Rule that Require Fees for Import/Export Licensing Actions,’’ dated August 20, 2021. SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ dated September 15, 2005 .............................. ‘‘Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015,’’ dated June 30, 2015 ................ ‘‘Variable Annual Fee Structure for Small Modular Reactors,’’ dated May 24, 2016 ......................... ‘‘Revision of Fee Schedules; 100% Fee Recovery, FY 1999,’’ dated June 10, 1999 ........................ ‘‘Revision of Fee Schedules; Fee Recovery for FY 2002,’’ dated June 24, 2002 .............................. ‘‘Revision of Fee Schedules; Fee Recovery for FY 2006,’’ dated May 30, 2006 ............................... 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 .............................. ‘‘Receipts-Based NRC Size Standards,’’ dated July 26, 2021 ........................................................... Fees Transformation Accomplishments .............................................................................................. FY 2022 Regulatory Flexibility Analysis .............................................................................................. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 ML052580332. 80 FR 37432. 81 FR 32617. 64 FR 31447. 67 FR 42625. 71 FR 30721. ML16194A365. ML16293A902. 86 FR 39980. https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html. ML21363A153. E:\FR\FM\23FEP1.SGM 23FEP1 10095 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules Documents ADAMS accession No./FR citation/web link FY 2022 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide .............................. § 170.11 List of Subjects 10 CFR Part 170 Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material. 10 CFR Part 171 Annual charges, Approvals, Byproduct material, Holders of certificates, Intergovernmental relations, Nonpayment penalties, Nuclear materials, Nuclear power plants and reactors, Registrations, Source material, Special nuclear material. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing to amend 10 CFR parts 170 and 171: PART 170—FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED 1. The authority citation for part 170 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42 U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 901, 902, 9701; 44 U.S.C. 3504 note. § 170.3 [Amended] 2. In § 170.3, remove the definition for ‘‘Review is completed’’. ■ 3. In § 170.11: ■ a. Revise paragraphs (a)(1) and (c); and ■ b. Redesignate paragraph (a)(13) as paragraph (d). The revisions read as follows: ■ Exemptions. (a) * * * (1) A special project that is a request/ report submitted to the NRC— (i) In response to a generic letter or NRC bulletin, where the request/report does not result in an amendment to the license, does not result in the review of an alternate method or reanalysis to meet the requirements of the generic letter, or does not involve an unreviewed safety issue; (ii) When the NRC, at the time the request/report is submitted, plans to use the information to assist the NRC in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins); or (iii) When the NRC, at the time the request/report is submitted, plans to use the information in response to an NRC request from the Office Director level or above to resolve an identified safety, safeguards, or environmental issue. * * * * * (c) For purposes of paragraph (a)(1) of this section, a request for a fee exemption must be submitted to the Chief Financial Officer within 90 days of the date of the NRC’s receipt of the request/report. * * * * * ■ 4. In § 170.12, revise paragraphs (b)(3) and (f) to read as follows. § 170.12 ML21347A005. action on the application by the applicant. * * * * * (f) Method of payment. All fee payments under 10 CFR part 170 are to be made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds by electronic funds transfer such as ACH (Automated Clearing House) using E.D.I. (Electronic Data Interchange), check, draft, money order, or credit card (submit electronic payment at www.Pay.gov or manual payment using the NRC Form 629, ‘‘Authorization for Payment by Credit Card’’). Payment of invoices of $5,000 or more should be paid via ACH through the NRC’s Lockbox Bank at the address indicated on the invoice. Credit card payments should be made up to the limit established by the credit card bank at the address indicated on the invoice. Specific written instructions for making electronic payments and credit card payments may be obtained by contacting the Office of the Chief Financial Officer at 301–415–7554. In accordance with Department of the Treasury requirements, refunds will only be made upon receipt of information on the payee’s financial institution and bank accounts. * * * * * § 170.20 Payment of fees. * * * * * (b) * * * (3) The NRC intends to bill each applicant or licensee at quarterly intervals for all accumulated costs for each application the applicant or licensee has on file for NRC review, until the review has been brought to an end, whether by issuance of a permit, license, approval, certificate, exemption, or other form of permission; by denial, withdrawal, or suspension of review of the application; or by postponement of [Amended] 5. In § 170.20, remove the dollar amount ‘‘$288’’ and add in its place the dollar amount ‘‘$291’’. ■ 6. In § 170.21, in table 1, revise the table entry for ‘‘K, Import and export licenses’’ and add footnote 6 to read as follows: ■ § 170.21 Schedule of fees for production and utilization facilities, review of standard referenced design approvals, special projects, inspections and import and export licenses. * * * * * TABLE 1 TO § 170.21—SCHEDULE OF FACILITY FEES khammond on DSKJM1Z7X2PROD with PROPOSALS [See footnotes at end of table] Fees 1 2 Facility categories and type of fees * * * * * * K. Import and export licenses: 6 Licenses for the import and export only of production or utilization facilities or the export only of components for production or utilization facilities issued under 10 CFR part 110. 1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 * 10096 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / 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 Application—new license, or amendment; or license exemption request ..................................................................... 2. Application for export of reactor and other components requiring Executive Branch review, for example, those actions under 10 CFR 110.41(a). Application—new license, or amendment; or license exemption request ..................................................................... 3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request ..................................................................... 4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, or obtaining foreign government assurances. Application—new license, or amendment; or license exemption request ..................................................................... 5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms or conditions or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities. Minor amendment to license .......................................................................................................................................... N/A N/A N/A N/A N/A 1 Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other sections in effect now or in the future, regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. 2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided. * * * * * 4 Imports only of major components for end-use at NRC-licensed reactors are authorized under NRC general import license in 10 CFR 110.27. * * * * * 6 Because the resources for import and export licensing activities are identified as a fee-relief activity to be excluded from the fee-recoverable budget, import and export licensing actions will not incur fees. 7. In § 170.31, revise table 1 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] khammond on DSKJM1Z7X2PROD 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 of this chapter 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]. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 Full Cost. Full Cost. Full Full Full Full Cost. Cost. Cost. Cost. $1,300. $2,700. Full Cost. Full Cost. Full Cost. 10097 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] khammond on DSKJM1Z7X2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fees 2 3 (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heapleaching, ore buying stations, ion-exchange facilities, and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode.6 (a) Conventional and Heap Leach facilities 6 [Program Code(s): 11100] ................................................................... (b) Basic In Situ Recovery facilities 6 [Program Code(s): 11500] ............................................................................... (c) Expanded In Situ Recovery facilities 6 [Program Code(s): 11510] ........................................................................ (d) In Situ Recovery Resin facilities 6 [Program Code(s): 11550] .............................................................................. (e) Resin Toll Milling facilities 6 [Program Code(s): 11555] ........................................................................................ (f) Other facilities 6 [Program Code(s): 11700] ............................................................................................................ (3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) 6 [Program Code(s): 11600, 12000]. (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2) 6 [Program Code(s): 12010]. B. Licenses which authorize the possession, use, and/or installation of source material for shielding.7 8 Application [Program Code(s): 11210] ............................................................................................................................... C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter. Application [Program Code(s): 11240] ............................................................................................................................... D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter. Application [Program Code(s): 11230, 11231] ................................................................................................................... E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. Application [Program Code(s): 11710] ............................................................................................................................... F. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ...................................................... 3. Byproduct material: 11 A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. Application [Program Code(s): 03211, 03212, 03213] ....................................................................................................... (1). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. Application [Program Code(s): 04010, 04012, 04014] ............................................................................................... (2). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. Application [Program Code(s): 04011, 04013, 04015] ............................................................................................... B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. Application [Program Code(s): 03214, 03215, 22135, 22162] .......................................................................................... (1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6– 20. Application [Program Code(s): 04110, 04112, 04114, 04116] ................................................................................... (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] ............................................................................................................................................................................. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 Full Full Full Full Full Full Full Cost. Cost. Cost. Cost. Cost. Cost. Cost. Full Cost. $1,300 $6,200. $2,900. $2,800. $2,800. $13,600. $18,100. $22,600. $3,700. $5,000. $6,200. $5,400. $7,200. $9,000. N/A. 10098 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] khammond on DSKJM1Z7X2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fees 2 3 E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units). Application [Program Code(s): 03510, 03520] ................................................................................................................... F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03511] ............................................................................................................................... G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03521] ............................................................................................................................... H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03254, 03255, 03257] ....................................................................................................... I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03250, 03251, 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.13 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]. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 $3,300. $6,800. $64,900. $6,900. $15,500. $2,100. $1,200. $5,700. $7,600. $9,500. $8,700. $9,300. $9,200. $12,300. $15,400. $6,600. $8,800. $11,000. 10099 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / 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 4. 5. 6. khammond on DSKJM1Z7X2PROD with PROPOSALS 7. Fees 2 3 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 § 31.12 of this chapter 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 § 31.12(a)(4) or (5) of this chapter 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 § 31.12(a)(4) or (5) of this chapter. Application [Program Code(s): 02710] ........................................................................................................................ S. Licenses for production of accelerator-produced radionuclides. Application [Program Code(s): 03210] ............................................................................................................................... Waste disposal and processing: 11 A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material. Application [Program Code(s): 03231, 03233, 03236, 06100, 06101] .............................................................................. B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03234] ............................................................................................................................... C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03232] ............................................................................................................................... Well logging: 11 ............................................................................................................................................................................. A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. Application [Program Code(s): 03110, 03111, 03112]. B. Licenses for possession and use of byproduct material for field flooding tracer studies. Licensing [Program Code(s): 03113] ................................................................................................................................. Nuclear laundries: 11 A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. Application [Program Code(s): 03218] ............................................................................................................................... Medical licenses: 11 A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 1–5. Application [Program Code(s): 02300, 02310] ................................................................................................................... (1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 6–20. Application [Program Code(s): 04510, 04512] ............................................................................................................ (2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: More than 20. Application [Program Code(s): 04511, 04513] ............................................................................................................ 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. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 $400. $2,700. $2,600. $14,900. Full Cost. $7,200. $5,200. $4,800. Full Cost. $23,200. $11,600. $15,500. $19,300. $9,100. $12,100. $15,100. 10100 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] khammond on DSKJM1Z7X2PROD with PROPOSALS Category of materials licenses and type of fees 1 Fees 2 3 Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ................. (1). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: 6–20. Application [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] .......... (2). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: More than 20. Application [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] .......... 8. Civil defense: 11 A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities. Application [Program Code(s): 03710] ............................................................................................................................... 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution. Application—each device ................................................................................................................................................... B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. Application—each device ................................................................................................................................................... C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution. Application—each source ................................................................................................................................................... D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Application—each source ................................................................................................................................................... 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ........................................................................................ 2. Other Casks ................................................................................................................................................................... B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators. Application ................................................................................................................................................................... Inspections .................................................................................................................................................................. 2. Users. Application ................................................................................................................................................................... Inspections .................................................................................................................................................................. C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices). 11. Review of standardized spent fuel facilities ............................................................................................................................... 12. Special projects: Including approvals, pre-application/licensing activities, and inspections. Application [Program Code: 25110] ................................................................................................................................... 13. A. Spent fuel storage cask Certificate of Compliance. B. Inspections related to storage of spent fuel under § 72.210 of this chapter. 14. Decommissioning/Reclamation: 11 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: 12 Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 15.E.). A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under § 110.40(b) of this chapter. 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. VerDate Sep<11>2014 19:02 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 $11,000. $9,100. $11,400. $2,700. $18,100. $9,400. $5,500. $1,100 Full Cost. Full Cost. $4,400. Full Cost. $4,400. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. N/A. N/A. N/A. 10101 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / 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 khammond on DSKJM1Z7X2PROD with PROPOSALS Application—new license, or amendment; or license exemption request .................................................................. E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign government authorities. Minor amendment ....................................................................................................................................................... Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of radioactive material listed in appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.). Category 1 (Appendix P, 10 CFR Part 110) Exports: F. Application for export of appendix P Category 1 materials requiring Commission review (e.g., exceptional circumstance review under § 110.42(e)(4) of this chapter) 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 § 110.42(e)(4) of this chapter). 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 § 150.20 of this chapter. Application .......................................................................................................................................................................... 17. Master materials licenses of broad scope issued to Government agencies. Application [Program Code(s): 03614] ...................................................................................................................................... 18. Department of Energy. A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers (including spent fuel, high-level waste, and other casks, and plutonium air packages). B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. $2,700. Full Cost. Full Cost Full Cost. 1 Types of fees—Separate charges, as shown in the schedule, will be assessed for pre-application consultations and reviews; applications for new licenses, approvals, or license terminations; possession-only licenses; issuances of new licenses and approvals; certain amendments and renewals to existing licenses and approvals; safety evaluations of sealed sources and devices; generally licensed device registrations; and certain inspections. The following guidelines apply to these charges: (1) 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. (i) 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. (ii) 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. (2) 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). (3) 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. (4) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c). VerDate Sep<11>2014 19:02 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 10102 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules (5) 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.) 6 Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or 2.A. must pay the largest applicable fee and are not subject to additional fees listed in this table. 7 Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to fees under 2.B. for possession and shielding authorized on the same license. 8 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 9 Licensees paying fees under 3.N. are not subject to paying fees under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services authorized on the same license. 10 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license. 11 A materials license (or part of a materials license) that transitions to fee category 14.A is assessed full-cost fees under 10 CFR part 170, but is not assessed an annual fee under 10 CFR part 171. If only part of a materials license is transitioned to fee category 14.A, the licensee may be charged annual fees (and any applicable 10 CFR part 170 fees) for other activities authorized under the license that are not in decommissioning status. 12 Because the resources for import and export licensing activities are identified as a fee-relief activity to be excluded from the fee-recoverable budget, import and export licensing actions will not incur fees. 13 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. 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 8. The authority citation for part 171 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 44 U.S.C. 3504 note. 9. In § 171.15, revise paragraphs (b)(1), (b)(2) introductory text, (c)(1), (c)(2) introductory text, and (e) to read as follows: ■ § 171.15 Annual fees: Non-power production or utilization licenses, reactor licenses, and independent spent fuel storage licenses. * * * * (b)(1) The FY 2022 annual fee for each operating power reactor that must be collected by September 30, 2022, is $5,165,000. (2) The FY 2022 annual fees are comprised of a base annual fee for khammond on DSKJM1Z7X2PROD with PROPOSALS * 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 2022 base annual fee for operating power reactors are as follows: * * * * * (c)(1) The FY 2022 annual fee for each power reactor holding a 10 CFR part 50 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 $254,000. (2) The FY 2022 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 2022 spent fuel storage/reactor decommissioning rebaselined annual fee are: * * * * * (e) The FY 2022 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 $93,000. ■ 10. In § 171.16, revise paragraphs (b) introductory text and (d) to read as follows: § 171.16 Annual fees: Materials licensees, holders of certificates of compliance, holders of sealed source and device registrations, holders of quality assurance program approvals, and government agencies licensed by the NRC. * * * * * (b) The FY 2022 annual fee is comprised of a base annual fee and associated additional charges. The base FY 2022 annual fee is the sum of budgeted costs for the following activities: * * * * * (d) The FY 2022 annual fees for materials licensees and holders of certificates, registrations, or approvals subject to fees under this section are shown in table 2 to this paragraph (d): 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 Category of materials licenses 1. Special nuclear material: A.(1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities ..................................................... VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10103 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 khammond on DSKJM1Z7X2PROD with PROPOSALS Category of materials licenses (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): 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. [Program Code(s): 04011, 04013, 04015] ................................................................. B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. [Program Code(s): 03214, 03215, 22135, 22162] .................................................................................................................................... (1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. [Program Code(s): 04110, 04112, 04114, 04116] ............................................................................................................ (2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: More than 20. [Program Code(s): 04111, 04113, 04115, 04117] .............................................................................................. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 $4,441,000 $1,505,000 $992,000 N/A N/A N/A $2,400 $5,900 $1,935,000 $4,400 $447,000 N/A $47,000 N/A 5 N/A 5 N/A 5 N/A 5 N/A N/A $2,700 $9,000 $5,100 $6,500 $8,800 $28,000 $37,100 $46,300 $9,800 $13,000 $16,100 10104 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / 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 khammond on DSKJM1Z7X2PROD with PROPOSALS Category of materials licenses 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) of this chapter. 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, 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] ..................................................................................................................................................... (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] ........................................................................................................................................... VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 $9,200 $12,100 $16,600 5 N/A $10,100 $9,100 $73,000 $8,700 $17,700 $3,600 $2,700 $12,800 $17,000 $21,100 $13,600 $15,500 $29,700 $39,500 $49,500 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10105 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 7. 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 § 31.12 of this chapter 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 § 31.12(a)(4), or (5) of this chapter 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 § 31.12(a)(4) or (5) of this chapter [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, 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] ............................................. (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] ............................... VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 $9,900 $13,300 $16,600 13 N/A $6,200 $6,500 $24,300 $23,100 $16,000 $8,900 $12,700 5 N/A $28,700 $27,700 $36,900 $46,100 $37,900 $50,400 $63,000 10106 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / 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 khammond on DSKJM1Z7X2PROD with PROPOSALS 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 § 72.210 of this chapter ............................................................................. 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] .................................. $17,000 $17,200 $21,400 $6,200 $18,200 $9,400 $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 $346,000 10 $1,659,000 $176,000 1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1 of the current FY, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license. 2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of part 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. VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10107 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. Dated: February 15, 2022. For the Nuclear Regulatory Commission. Cherish K. Johnson, Chief Financial Officer. [FR Doc. 2022–03715 Filed 2–18–22; 4:15 pm] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0145; Project Identifier MCAI–2021–00522–R] RIN 2120–AA64 Airworthiness Directives; Bell Textron Canada Limited (Type Certificate Previously Held by Bell Helicopter Textron Canada Limited) Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2019–11–05, which applies to Bell Helicopter Textron Canada Limited (now Bell Textron Canada Limited) Model 429 helicopters having certain tail rotor (TR) pitch link assemblies. AD 2019–11–05 requires inspecting the TR pitch link assemblies, and replacing certain pitch link bearings. Since the FAA issued AD 2019–11–05, the FAA has determined that all TR pitch link assemblies are affected by the unsafe khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:39 Feb 22, 2022 Jkt 256001 condition. This proposed AD would continue to require the actions specified in AD 2019–11–05, and would revise the applicability and require inspections of certain other TR pitch link assemblies. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by April 11, 2022. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Bell Textron Canada Limited, 12,800 Rue de l’Avenir, Mirabel, Quebec J7J 1R4, Canada; telephone 1–450–437–2862 or 1–800– 363–8023; fax 1–450–433–0272; email productsupport@bellflight.com; or at https://www.bellflight.com/support/ contact-support. You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 on the availability of this material at the FAA, call 817–222–5110. Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2022–0145; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the Transport Canada Civil Aviation (TCCA) AD, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 950 L’Enfant Plaza N SW, Washington, DC 20024; phone: (202) 267–9167; email: hal.jensen@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2022–0145; Project Identifier MCAI–2021–00522–R’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. E:\FR\FM\23FEP1.SGM 23FEP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Proposed Rules]
[Pages 10081-10107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03715]


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

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

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


Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / 
Proposed Rules

[[Page 10081]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2020-0031]
RIN 3150-AK44


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2022

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend the licensing, inspection, special project, and annual fees 
charged to its applicants and licensees. These proposed amendments are 
necessary to implement the Nuclear Energy Innovation and Modernization 
Act, which 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, on August 20, 2021, the Chief Financial Officer granted a 
public interest exemption from the provisions in the fiscal year 2021 
final fee rule that required fees for import and export licensing 
actions. Therefore, this proposed rule would not assess fees for import 
and export licensing activities in fiscal year 2022.

DATES: Submit comments by March 25, 2022. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
only able to ensure consideration for comments received before this 
date. Because the Nuclear Energy Innovation and Modernization Act 
requires the NRC to collect fees for fiscal year 2022 by September 30, 
2022, 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); however, the NRC encourages electronic 
comment submission through the Federal rulemaking website:
     Federal rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0031. 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-2020-0031 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-2020-0031.
     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]. For the convenience of the reader, 
the ADAMS accession numbers are provided in the ``Availability of 
Documents'' section of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

B. Submitting Comments

    The NRC encourages electronic submission of comments through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2020-0031 in your comment.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment. The NRC will post all comments at https://www.regulations.gov 
as well as enter the comments into ADAMS. The NRC does not routinely 
edit comments 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 comments. Your request should state that 
the NRC does not routinely edit comments to remove such information 
before making the comments available to the public or entering the 
comments into ADAMS.

[[Page 10082]]

II. Background; Statutory Authority

    The NRC's fee regulations are primarily governed by two laws: (1) 
The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C. 
9701), and (2) the Nuclear Energy Innovation and Modernization Act 
(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 fiscal year (FY) 2022, the fee-relief activities identified by 
the Commission are consistent with prior 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 Sec.  171.16(c) of title 10 of the Code of Federal 
Regulations (10 CFR), 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, the resources for import and export licensing are 
identified as a fee-relief activity 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 10 CFR part 170, ``Fees for 
Facilities, Materials, Import and Export Licenses, and Other Regulatory 
Services Under the Atomic Energy Act of 1954, as Amended,'' 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 total budget authority for the fiscal year 
(less the budget authority for excluded activities), 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.

III. Discussion

FY 2022 Fee Collection--Overview

    The NRC is issuing this FY 2022 proposed fee rule based on the FY 
2022 budget request as further described in the NRC's FY 2022 
Congressional Budget Justification (CBJ) (NUREG-1100, Volume 37) 
because a full-year appropriation has not yet been enacted for FY 2022. 
The amount used for total budget authority in this proposed rule is 
$887.7 million, an increase of $43.3 million from FY 2021. 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 2022 budget 
request, these exclusions total $131.0 million, an increase of $8.0 
million from FY 2021. These excluded activities consist of $91.5 
million for fee-relief activities, $23.1 million for advanced reactor 
regulatory infrastructure activities, $14.3 million for generic 
homeland security activities, $1.0 million for waste incidental to 
reprocessing activities, and $1.1 million for Inspector General 
services for the Defense Nuclear Facilities Safety Board. Table I 
summarizes the excluded activities for the FY 2022 proposed fee rule. 
The FY 2021 amounts are provided for comparison purposes.

                      Table I--Excluded Activities
                          (Dollars in millions)
------------------------------------------------------------------------
                                           FY 2021 final      FY 2022
                                               rule        proposed rule
------------------------------------------------------------------------
Fee-Relief Activities:
    International activities............            24.7            25.5
    Agreement State oversight...........            10.4            11.1
    Medical isotope production                       7.0             3.7
     infrastructure.....................
    Fee exemption for nonprofit                      9.3            11.6
     educational institutions...........
    Costs not recovered from small                   7.8             7.4
     entities under 10 CFR 171.16(c)....
    Regulatory support to Agreement                 12.3            12.1
     States.............................
    Generic decommissioning/reclamation             14.9            15.9
     activities (not related to the
     operating power reactors and spent
     fuel storage fee classes)..........
    Uranium recovery program and                     3.7             3.0
     unregistered general licensees.....
    Potential Department of Defense                  1.0             0.9
     remediation program Memorandum of
     Understanding activities...........
    Non-military radium sites...........             0.2             0.3
                                         -------------------------------
    Subtotal Fee-Relief Activities......            91.2            91.5
Activities under Section                            14.1            16.4
 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                         17.7            23.1
 infrastructure activities..............
                                         -------------------------------
    Total Excluded Activities...........           123.0           131.0
------------------------------------------------------------------------

    After accounting for the exclusions from the fee-recovery 
requirement and net billing adjustments (i.e., for FY 2022 invoices 
that the NRC estimates will not be paid during the fiscal year, less 
payments received in FY 2022 for prior year invoices), the NRC must 
recover approximately $752.2 million in fees in FY 2022. Of this 
amount, the NRC

[[Page 10083]]

estimates that $188.9 million will be recovered through 10 CFR part 170 
service fees and approximately $563.3 million will be recovered through 
10 CFR part 171 annual fees. Table II summarizes the fee-recovery 
amounts for the FY 2022 proposed fee rule using the budget request and 
takes 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, available as indicated in the ``Availability of 
Documents'' section of this document, for actual amounts.
    In FY 2021, the explanatory statement associated with the 
Consolidated Appropriations Act, 2021, included direction for the NRC 
to use $35.0 million in prior-year unobligated carryover funds, 
including $16.0 million for the University Nuclear Leadership Program. 
Since a full-year appropriation has not yet been enacted, the FY 2022 
proposed fee rule is based on the FY 2022 budget request. Therefore, 
this proposed fee rule does not account for the utilization of 
carryover funds. The FY 2021 amounts are provided for comparison 
purposes.

                TABLE II--Budget and Fee Recovery Amounts
                          (Dollars in millions)
------------------------------------------------------------------------
                                        FY 2021 Final  FY 2022  Proposed
                                            rule              rule
------------------------------------------------------------------------
Total Budget Authority...............          $844.4             $887.7
Less Budget Authority for Excluded             -123.0             -131.0
 Activities:.........................
                                      ----------------------------------
    Balance..........................           721.4              756.7
Fee Recovery Percent.................             100                100
                                      ----------------------------------
Total Amount to be Recovered:........           721.4              756.7
    Less Estimated Amount to be                -190.6             -188.9
     Recovered through 10 CFR Part
     170 Fees........................
                                      ----------------------------------
    Estimated Amount to be Recovered            530.8              567.8
     through 10 CFR Part 171 Fees....
10 CFR Part 171 Billing Adjustments:
    Unpaid Current Year Invoices                  2.1                2.0
     (estimated).....................
    Less Current Year Collections                -2.7                N/A
     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               -12.8               -6.5
 Year for Previous Year Invoices
 (estimated).........................
                                      ----------------------------------
Adjusted Amount to be Recovered                 708.0              752.2
 through 10 CFR parts 170 and 171
 Fees................................
                                      ----------------------------------
Adjusted 10 CFR part 171 Annual Fee             517.4              563.3
 Collections Required................
------------------------------------------------------------------------

FY 2022 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 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] TP23FE22.000

    For FY 2022, the NRC is proposing to increase the professional 
hourly rate from $288 to $291. The 0.9 percent increase in the 
professional hourly rate is primarily due to a 1.5 percent increase in 
budgetary resources of approximately $11.2 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 increase in the number of mission-direct FTE compared 
to FY 2021 is an offset to the increase in the professional hourly 
rate. The number of mission-direct FTE is expected to increase by 10, 
primarily to support new reactor licensing activities, including the 
review of design certifications, pre-application activities, and the 
review of combined license (COL) applications.
    The FY 2022 estimate for annual mission-direct FTE productive hours 
is 1,510 hours, which is unchanged from FY 2021. 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 2021 amounts are provided for 
comparison purposes.

[[Page 10084]]



             Table III--Professional Hourly Rate Calculation
                 [Dollars in millions, except as noted]
------------------------------------------------------------------------
                                           FY 2021 final      FY 2022
                                               rule        proposed rule
------------------------------------------------------------------------
Mission-Direct Program Salaries &                 $335.3          $348.9
 Benefits...............................
Mission-Indirect Program Support........          $113.2          $115.6
Agency Support (Corporate Support and             $283.7          $278.9
 the IG)................................
Subtotal................................          $732.2          $743.4
Less Offsetting Receipts \1\............            $0.0            $0.0
Total Budgeted Resources Included in              $732.2          $743.4
 Professional Hourly Rate...............
Mission-Direct FTE (Whole numbers)......           1,684           1,694
Annual Mission-Direct FTE Productive               1,510           1,510
 Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours          2,542,840       2,557,940
 (Mission-Direct FTE multiplied by
 Annual Mission-Direct FTE Productive
 Hours).................................
Professional Hourly Rate (Total Budgeted            $288            $291
 Resources Included in Professional
 Hourly Rate Divided by Mission-Direct
 FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------

FY 2022 Fee Collection--Flat Application Fee Changes
---------------------------------------------------------------------------

    \1\ 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 $291. 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 
2022. 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 higher professional 
hourly rate of $291 is the primary reason for the increase in flat 
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 minimal effects due to rounding. 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 flat fees are applicable for certain materials licensing 
actions (see fee categories 1.C. through 1.D., 2.B. through 2.F., 3.A. 
through 3.S., 4.B. through 5.A., 6.A. through 9.D., 10.B., 15.A. 
through 15.L., 15.R., and 16 of Sec.  170.31). Applications filed on or 
after the effective date of the FY 2022 final fee rule will be subject 
to the revised fees in the final rule.
    In accordance with NEIMA, in FY 2022, the NRC identified 
international activities, including the resources for import and export 
licensing activities, as a fee-relief activity to be excluded from the 
fee-recoverable budget. The FY 2021 final fee rule, published in the 
Federal Register (86 FR 32146; June 16, 2021), provided for fees to be 
charged for import and export licensing actions, consistent with the FY 
2021 budget request. However, charging fees under 10 CFR part 170 for 
import and export licensing actions during the effective dates of the 
FY 2021 final fee rule would be inconsistent with the Commission's 
substantive fee policy decision in the FY 2022 budget request and would 
result in the NRC imposing fees for import and export licensing actions 
for only one FY between FY 2018 and FY 2022. This would not be fair and 
equitable and could also lead to confusion for the affected import and 
export license applicants/licensees. Therefore, in light of the 
particular facts and unique history associated with this matter, on 
August 20, 2021, the Chief Financial Officer concluded that it would be 
in the public interest to grant an exemption from the provisions in the 
FY 2021 final fee rule (in Sec. Sec.  170.21 and 170.31) that would 
require fees for import and export licensing actions in accordance with 
Sec.  170.11(b). In accordance with the Commission's substantive fee 
policy decision for FY 2022, fees will not be assessed for import and 
exporting licensing activities (see fee categories K.1. through K.5. of 
Sec.  170.21 and fee categories 15.A. through 15.R. of Sec.  170.31) 
under this proposed rule.

FY 2022 Fee Collection--Low-Level Waste Surcharge

    As in prior years, the NRC proposes to assess a generic low-level 
waste (LLW) surcharge of $4.3 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

[[Page 10085]]

that are licensed by the Agreement States rather than the NRC.
    Table IV shows the allocation of the LLW surcharge and its 
allocation across the various fee classes.

              Table IV--Allocation of LLW Surcharge FY 2022
                          [Dollars in millions]
------------------------------------------------------------------------
                                                   LLW surcharge
               Fee classes               -------------------------------
                                              Percent            $
------------------------------------------------------------------------
Operating Power Reactors................            87.5             3.7
Spent Fuel Storage/Reactor                           0.0             0.0
 Decommissioning........................
Non-Power Production or Utilization                  0.0             0.0
 Facilities.............................
Fuel Facilities.........................             9.9             0.4
Materials Users.........................             2.6             0.1
Transportation..........................             0.0             0.0
Rare Earth Facilities...................             0.0             0.0
Uranium Recovery........................             0.0             0.0
                                         -------------------------------
    Total...............................           100.0             4.3
------------------------------------------------------------------------

FY 2022 Fee Collection--Revised Annual Fees

    In accordance with SECY-05-0164, ``Annual Fee Calculation Method,'' 
the NRC rebaselines its annual fees every year. ``Rebaselining'' 
entails analyzing the budget in detail and then allocating the FY 2022 
budgeted resources to various classes or subclasses of licensees. It 
also includes updating the number of NRC licensees in its fee 
calculation methodology.
    The NRC is proposing revisions to its annual fees in Sec. Sec.  
171.15 and 171.16 to recover approximately 100 percent of the NRC's FY 
2022 budget request (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 $188.9 million, which is a decrease of $1.6 million from the FY 
2021 final rule. The NRC, therefore, must recover $563.3 million 
through annual fees from its licensees, which is an increase of $43.1 
million from the FY 2021 final rule.
    Table V shows the proposed rebaselined fees for FY 2022 for a 
sample of licensee categories. The FY 2021 amounts are provided for 
comparison purposes.

                    Table V--Rebaselined Annual Fees
                            [Actual dollars]
------------------------------------------------------------------------
                                                              FY 2022
       Class/category of licenses          FY 2021 final     proposed
                                            annual fee      annual fee
------------------------------------------------------------------------
Operating Power Reactors................      $4,749,000      $5,165,000
+ Spent Fuel Storage/Reactor                     237,000         254,000
 Decommissioning........................
                                         -------------------------------
    Total, Combined Fee.................       4,986,000       5,419,000
Spent Fuel Storage/Reactor                       237,000         254,000
 Decommissioning........................
Non-Power Production or Utilization               80,000          93,000
 Facilities.............................
High Enriched Uranium Fuel Facility            4,643,000       4,441,000
 (Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility             1,573,000       1,505,000
 (Category 1.A.(1)(b))..................
Uranium Enrichment (Category 1.E).......       2,023,000       1,935,000
UF6 Conversion and Deconversion Facility         467,000         447,000
 (Category 2.A.(1)......................
Basic In Situ Recovery Facilities                 47,200          47,000
 (Category 2.A.(2)(b))..................
Typical Users:
    Radiographers (Category 3O).........          29,100          29,700
    All Other Specific Byproduct                   9,900           9,900
     Material Licensees (Category 3P)...
    Medical Other (Category 7C).........          16,800          17,000
Device/Product Safety Evaluation--Broad           17,900          18,200
 (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 $485.5 million in annual fees from the 
operating power reactors fee class in FY 2022, as shown in Table VI. 
The FY 2021 operating power reactors fees are shown for comparison 
purposes.

[[Page 10086]]



 Table VI--Annual Fee Summary Calculations for Operating Power Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
                                          FY 2021  final      FY 2022
        Summary fee calculations               rule        proposed rule
------------------------------------------------------------------------
Total budgeted resources................          $611.8          $645.1
Less estimated 10 CFR part 170 receipts.          -161.6          -160.0
                                         -------------------------------
    Net 10 CFR part 171 resources.......           450.2           485.1
Allocated generic transportation........             0.3             0.5
Allocated LLW surcharge.................             2.9             3.7
Billing adjustment......................            -9.1            -3.9
Adjustment: Estimated current year                  -2.7             N/A
 collections from a terminated reactor
 (Indian Point Generating, Unit 3 in FY
 2021)..................................
                                         -------------------------------
    Total required annual fee recovery..           441.7           485.5
    Total operating reactors............              93              94
------------------------------------------------------------------------
Annual fee per operating reactor........          $4.749          $5.165
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 proposed annual fee for the 
operating power reactors fee class is increasing primarily due to the 
following: (1) An increase in budgeted resources; (2) a reduction of 
the 10 CFR part 171 billing adjustment; (3) the absence of the 
collection adjustment that was provided in FY 2021 due to the shutdown 
of Indian Point Generating, Unit 3; and (4) a decrease in 10 CFR part 
170 estimated billings. The increase in the annual fee for the 
operating power reactors fee class is partially offset due to the 
increase in the total number of operating power reactors from 93 to 94. 
These components are discussed in the following paragraphs.
    The budgeted resources for the operating power reactors fee class 
increased primarily due to the following: (1) An increase in contract 
funding in the information technology program to support the Mission 
Analytics Portal (a tool to enhance the agency's ability to leverage 
data to support mission activities), to develop infrastructure to 
increase analytics capabilities using artificial intelligence, and to 
develop mobile applications for resident inspectors; (2) an increase in 
certain contract costs in the areas of research, event response, and 
licensing due to the absence of authorized prior year unobligated 
carryover funding compared to FY 2021; (3) to support new reactor 
licensing activities for the review of the Westinghouse eVinci micro 
reactor design certification, the review of the NuScale Power, LLC 
standard design approval application, and pre-application activities 
for three non-light water reactors and COL applications; and (4) 
security-related pre-application activities for the Utah Associated 
Municipal Power Systems application. These new reactor resources are 
offset by a decrease in oversight resulting from the anticipated 
transition of Vogtle Electric Generating Plant, Units 3 and 4 (Vogtle 
Units 3 and 4), from construction into operation.
    The proposed annual fee is also increasing due to the following 
contributing factors: (1) A lower 10 CFR part 171 billing adjustment 
credit than was included in the operating power reactors fee class 
calculation in FY 2021 from the deferral of annual fees and service 
fees due to the coronavirus disease (COVID-19) pandemic; and (2) the 
absence of the one-time current year collection adjustment that 
resulted in a credit of $2,700,000 due to the shutdown of Indian Point 
Nuclear Generating, Unit 3, in FY 2021.
    Furthermore, the proposed annual fee for the operating power 
reactors fee class is increasing due to a decrease in the 10 CFR part 
170 estimated billings as a result of the following: (1) The NRC's 
denial of the Oklo Power, LLC COL application to build and operate the 
Aurora compact fast reactor and (2) a decrease in hours associated with 
operator reactor licensing activities. The decrease in 10 CFR part 170 
estimated billings is offset by an increase in work due to the 
following: (1) An anticipated rise in in-person inspections and travel 
as COVID-19 impacts become less prominent; (2) an increase in operating 
reactors license renewal applications; and (3) licensing activities to 
support the planned reviews of new power reactor designs.
    The fee-recoverable budgeted resources are divided equally among 
the 94 licensed operating power reactors, an increase of one operating 
power reactor compared to FY 2021 due to the proposed assessment of 
annual fees for Vogtle Unit 3, resulting in an annual fee of $5,165,000 
per reactor. Additionally, each licensed operating power reactor will 
be assessed the FY 2022 spent fuel storage/reactor decommissioning 
annual fee of $254,000 (see Table VII and the discussion that follows). 
The combined FY 2022 proposed annual fee for each operating power 
reactor is $5,419,000.
    Section 102(b)(3)(B)(i) of NEIMA established 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. The NRC included 
an estimate of the operating power reactors annual fee in Appendix C, 
``Estimated Operating Power Reactors Annual Fee,'' of the FY 2022 
budget request, with the intent to increase transparency with 
stakeholders. The NRC developed this estimate based on the staff's 
allocation of the FY 2022 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 94 
operating power reactors in FY 2022 and applied various data 
assumptions from the FY 2021 final fee rule (86 FR 32146; June 16, 
2021). Based on these allocations and assumptions, the operating power 
reactor annual fee included in the FY 2022 budget request 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 
$5.5 million. Although the FY 2022 budget request included the 
estimated operating power reactors annual fee, the assumptions made 
between budget formulation and the development of the FY 2022 proposed 
rule have changed; however, the FY 2022 proposed annual fee of 
$5,165,000 remains below the FY

[[Page 10087]]

2015 operating power reactors annual fee amount adjusted for inflation.
    In FY 2016, the NRC amended its licensing, inspection, and annual 
fee regulations to establish a variable annual fee structure for light-
water small modular reactors (SMRs) (81 FR 32617). Under the variable 
annual fee structure, an SMR annual fee would be assessed as a function 
of its bundled licensed thermal power rating. Currently, there are no 
operating SMRs; therefore, the NRC will not assess an annual fee in FY 
2022 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
    The NRC proposes to collect $31.3 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 
resources for the spent fuel storage/reactor decommissioning fee class 
in FY 2022, as shown in Table VII. The FY 2021 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 final      FY 2022
        Summary fee calculations               rule        proposed rule
------------------------------------------------------------------------
Total budgeted resources................           $42.2           $40.4
Less estimated 10 CFR part 170 receipts.           -13.8           -10.3
                                         -------------------------------
    Net 10 CFR part 171 resources.......            28.4            30.2
Allocated generic transportation costs..             1.1             1.4
Billing adjustments.....................            -0.6            -0.3
                                         -------------------------------
    Total required annual fee recovery..            28.9            31.3
    Total spent fuel storage facilities.             122             123
------------------------------------------------------------------------
Annual fee per facility.................           0.237           0.254
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 proposed annual fee for the 
spent fuel storage/reactor decommissioning fee class is increasing 
primarily due to the following: (1) The decline in the 10 CFR part 170 
estimated billings and (2) a reduction of the 10 CFR part 171 billing 
adjustment. The increase in the proposed annual fee is partially offset 
by a decrease in the budgeted resources. These components are discussed 
in the following paragraphs.
    The 10 CFR part 170 estimated billings for the spent fuel storage/
reactor decommissioning fee class decreased primarily due to the 
following: (1) A reduction in hours and contract support associated 
with the staff's review of applications for renewals and amendments for 
independent spent fuel storage installation (ISFSI) licenses and dry 
cask storage certificates of compliance (CoCs); (2) the completion of 
the review of the Interim Storage Partners consolidated interim storage 
facility application and issuance of the license; and (3) the near 
completion of the staff's review of the Holtec HI-STORE consolidated 
interim storage facility application. This decrease in the 10 CFR part 
170 estimated billings is partially offset by increased work, including 
the following: (1) Inspection activities, exemption requests, and 
financial assurance reviews for ISFSI licenses and dry cask storage 
CoCs; (2) the staff's review of a new fuel storage system; and (3) 
activities within the power reactor decommissioning program to support 
Indian Point Generating Unit 2's transition to decommissioning, the 
staff's review of a license transfer application for Kewaunee, and an 
increase in contract support for license termination plan activities, 
cooling tower demo surveys, and confirmatory surveys.
    The increase in the annual fee is also due to a lower 10 CFR part 
171 billing adjustment credit than was included in the spent fuel 
storage/reactor decommissioning fee class calculation in FY 2021 from 
the deferral of annual fees and service fees due to the COVID-19 
pandemic.
    The increase in the annual fee for the spent fuel storage/reactor 
decommissioning fee class is partially offset by a decline in budgeted 
resources with changes in workload primarily due to the completion of 
the license application reviews for the consolidated interim storage 
facilities and renewals for other ISFSIs. The decrease in the budgeted 
resources is offset by an increase in contract costs due to the absence 
of prior year unobligated carryover funding compared to FY 2021.
    The required annual fee recovery amount is divided equally among 
123 licensees, resulting in a FY 2022 annual fee of $254,000 per 
licensee.
c. Fuel Facilities
    The NRC proposes to collect $16.8 million in annual fees from the 
fuel facilities fee class in FY 2022, as shown in Table VIII. The FY 
2021 fuel facilities fees are shown for comparison purposes.

     Table VIII--Annual Fee Summary Calculations for Fuel Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
                                           FY 2021 final      FY 2022
        Summary fee calculations               rule        proposed rule
------------------------------------------------------------------------
Total budgeted resources................           $23.3           $22.4
Less estimated 10 CFR part 170 receipts.            -7.3            -7.8
                                         -------------------------------
    Net 10 CFR part 171 resources.......            16.0            14.6
Allocated generic transportation........             1.5             1.9
Allocated LLW surcharge.................             0.3             0.4

[[Page 10088]]

 
Billing adjustments.....................            -0.4            -0.2
                                         -------------------------------
    Total remaining required annual fee             17.5            16.8
     recovery...........................
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 proposed annual fee for the 
fuel facilities fee class is decreasing primarily due to the decrease 
in budgeted resources and the increase in 10 CFR part 170 estimated 
billings as discussed in the following paragraphs.
    The budgeted resources for the fuel facilities fee class decreased 
primarily due to the following: (1) Efficiencies gained as a result of 
implemented enhancements to the licensing program and 2) enhancements 
made to the fuel facility oversight program through the implementation 
of the smarter inspection program.
    The 10 CFR part 170 estimated billings increased as a result of the 
following: (1) The review of a new fuel facility license application, 
including the environmental review, for TRISO-X and (2) the staff's 
continued review of the Westinghouse Electric Company, LLC license 
renewal application.
    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 2022
----------------------------------------------------------------------------------------------------------------
                                                                                          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)).................................               1               3              17
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 2022, the total remaining amount of the proposed annual fees 
to be recovered, $16.8 million, is attributable to safety activities, 
safeguards activities, and the LLW surcharge. For FY 2022, the total 
budgeted resources proposed to be recovered as annual fees for safety 
activities are $8.9 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, $7.5 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--
$0.4 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 proposed annual fee 
for each facility is summarized in Table X.

                Table X--Annual Fees for Fuel Facilities
                            [Actual dollars]
------------------------------------------------------------------------
                                                              FY 2022
      Facility type  (fee category)        FY 2021 final     proposed
                                            annual fee      annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).      $4,643,000      $4,441,000
Low-Enriched Uranium Fuel (1.A.(1)(b))..       1,573,000       1,505,000
Facilities with limited operations             1,037,000         992,000
 (1.A.(2)(a))...........................
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.)...............       2,023,000       1,935,000
UF6 Conversion and Deconversion                  467,000         447,000
 (2.A.(1))..............................
------------------------------------------------------------------------


[[Page 10089]]

d. Uranium Recovery Facilities
    The NRC proposes to collect $0.2 million in annual fees from the 
uranium recovery facilities fee class in FY 2022, as shown in Table XI. 
The FY 2021 uranium recovery facilities fees are shown for comparison 
purposes.

     Table XI--Annual Fee Summary Calculations for Uranium Recovery
                               Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
                                           FY 2021 final      FY 2022
        Summary fee calculations               rule        proposed rule
------------------------------------------------------------------------
Total budgeted resources................            $0.5            $0.7
Less estimated 10 CFR part 170 receipts.            -0.3            -0.5
                                         -------------------------------
    Net 10 CFR part 171 resources.......             0.2             0.2
Allocated generic transportation........             N/A             N/A
Billing adjustments.....................             0.0             0.0
                                         -------------------------------
    Total required annual fee recovery..             0.2             0.2
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 proposed annual fee for the 
non-DOE licensee in the uranium recovery facilities fee class is 
decreasing slightly due to an increase in 10 CFR part 170 estimated 
billings to support an increase in casework for Crow Butte Resources, 
Inc. related to its license renewal and to support a dam safety 
inspection.
    The NRC regulates DOE's Title I and Title II activities under the 
Uranium Mill Tailings Radiation Control Act (UMTRCA).\2\ The annual fee 
assessed to DOE includes the resources specifically budgeted for the 
NRC's UMTRCA Title I and II activities, as well as 10 percent of the 
remaining budgeted resources 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 proposed annual fee is increasing 
compared to FY 2021 due to an increase in budgetary resources 
attributed to generic work that staff will be performing to resolve 
issues associated with the transfer of NRC and Agreement State uranium 
mill tailings sites to the DOE for long-term surveillance and 
maintenance. The increase in the annual fee is offset by 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 resources to the remaining licensee in this 
fee class, as described in the work papers, which is reflected in Table 
XII.

    Table XII--Costs Recovered Through Annual Fees; Uranium Recovery
                          Facilities Fee Class
                            [Actual dollars]
------------------------------------------------------------------------
                                                              FY 2022
            Summary of costs               FY 2021 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        $111,536        $170,294
     resources less 10 CFR part 170
     receipts...........................
    10 percent of generic/other uranium            5,241           5,222
     recovery budgeted resources........
    10 percent of uranium recovery fee-              N/A             N/A
     relief adjustment..................
                                         -------------------------------
        Total Annual Fee Amount for DOE          117,000         176,000
         (rounded)......................
Annual Fee Amount for Other Uranium
 Recovery Licenses:
    90 percent of generic/other uranium           47,166          46,994
     recovery budgeted resources less
     the amounts specifically budgeted
     for UMTRCA Title I and Title II
     activities.........................
    90 percent of uranium recovery fee-              N/A             N/A
     relief adjustment..................
                                         -------------------------------
        Total Annual Fee Amount for               47,166          46,994
         Other Uranium Recovery Licenses
------------------------------------------------------------------------

    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 facilities 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 basic in situ recovery facility. 
Table XIII displays the benefit factors for the non-DOE licensee in 
that fee category.
---------------------------------------------------------------------------

    \2\ 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.

[[Page 10090]]



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

    The FY 2022 proposed 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 2022
      Facility type  (fee category)        FY 2021 final     proposed
                                            annual fee      annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills                    N/A             N/A
 (2.A.(2)(a))...........................
Basic In Situ Recovery facilities                $47,200         $47,000
 (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 $0.279 million in annual fees from the 
non-power production or utilization facilities fee class in FY 2022, as 
shown in Table XV. The final FY 2021 non-power production or 
utilization facilities fees are shown for comparison purposes.

  Table XV--Annual Fee Summary Calculations for Non-Power Production or
                         Utilization Facilities
                            [Actual dollars]
------------------------------------------------------------------------
                                           FY 2021 final      FY 2022
        Summary fee calculations               rule        proposed rule
------------------------------------------------------------------------
Total budgeted resources................      $2,896,754      $6,079,694
Less estimated 10 CFR part 170 receipts.      -2,576,000      -5,803,000
                                         -------------------------------
    Net 10 CFR part 171 resources.......         320,754         276,694
Allocated generic transportation \3\....          43,302          38,860
Billing adjustments \3\.................         -43,915         -36,633
                                         -------------------------------
    Total required annual fee recovery..         320,141         278,921
    Total non-power production or                      4               3
     utilization facilities licenses....
                                         -------------------------------
Total annual fee per license (rounded)..         $80,000         $93,000
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 proposed annual fee for the 
non-power production or utilization facilities fee class is increasing, 
primarily due to the decrease of non-power production or utilization 
facilities from four to three due to the expected transition of the 
Aerotest Radiography and Research Reactor to decommissioning.
---------------------------------------------------------------------------

    \3\ In the FY 2021 final fee rule, the decimal places for the 
``allocated generic transportation'' and ``billing adjustments'' 
calculations were adjusted to the thousandths place instead of the 
correct ten thousandths place. There was no impact to the overall 
calculation for the FY 2021 final fee rule. The revised dollar 
amounts for FY 2021 are shown here to align with the rest of Table 
XV and provide a clearer comparison to the FY 2022 proposed fees.
---------------------------------------------------------------------------

    In FY 2022, the budgetary resources for the non-power production or 
utilization facilities fee class are primarily increasing because of an 
increase in workload associated with medical isotope production 
facilities and advanced research and test reactors. In addition, the 10 
CFR part 170 estimated billings with respect to the medical isotope 
production facilities and advanced research and test reactors are 
increasing primarily due to the following: (1) The staff's review of 
the operating license application for SHINE Medical Technologies, LLC 
and construction inspection activities; (2) the staff's review of the 
Kairos Power application for a permit to construct a test reactor; (3) 
pre-application meetings; and (4) the review of topical reports. The 10 
CFR part 170 estimated billings associated with the current fleet of 
operating non-power production or utilization facilities licensees 
subject to annual fees are increasing to support the following: (1) 
Activities associated with

[[Page 10091]]

the review of the GE Nuclear Test Reactor license renewal application 
and amendments and (2) activities associated with the special team 
inspection and restart for the National Institute of Standards and 
Technology Neutron Reactor.
    The annual fee-recovery amount is divided equally among the three 
non-power production or utilization facilities licensees subject to 
annual fees and results in an FY 2022 proposed annual fee of $93,000 
for each licensee.
f. Rare Earth
    The agency received an application for a rare earth facility in FY 
2021. In FY 2022, the NRC has allocated approximately $0.2 million in 
budgeted resources to this fee class; however, because all the 
budgetary resources will be recovered through service fees assessed 
under 10 CFR part 170, the NRC is not proposing to assess and collect 
annual fees in FY 2022 for this fee class.
g. Materials Users
    The NRC proposes to collect $35.0 million in annual fees from 
materials users licensed under 10 CFR parts 30, 40, and 70 in FY 2022, 
as shown in Table XVI. The FY 2021 materials users fees are shown for 
comparison purposes.

     Table XVI--Annual Fee Summary Calculations for Materials Users
                          [Dollars in millions]
------------------------------------------------------------------------
                                           FY 2021 final      FY 2022
        Summary fee calculations               rule        proposed rule
------------------------------------------------------------------------
Total budgeted resources for licensees             $35.1           $34.1
 not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts.            -1.0            -0.9
                                         -------------------------------
    Net 10 CFR part 171 resources.......            34.1            33.2
Allocated generic transportation........             1.5             1.8
LLW surcharge...........................             0.1             0.1
Billing adjustments.....................            -0.4            -0.2
                                         -------------------------------
    Total required annual fee recovery..            35.3            35.0
------------------------------------------------------------------------

    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 $35.0 million for FY 2022 shown in 
Table XVI consists of $27.2 million for general costs, $7.7 million for 
inspection costs, and $0.1 million for LLW costs. To equitably and 
fairly allocate the $35.0 million required to be collected among 
approximately 2,460 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 2021, the FY 2022 proposed annual fees are 
increasing for 44 fee categories within the materials users fee class 
primarily due to the following: (1) An increase in the budgeted 
resources for inspections activities compared to the FY 2021 biennial 
review of inspection hours; (2) a decline in 10 CFR part 170 estimated 
billings; (3) an increase in generic transportation costs for materials 
users; and (4) a reduction of materials users licensees from FY 2021.
    A constant multiplier is established to recover the total general 
costs (including allocated generic transportation costs) of $27.2 
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 1.0 for FY 2022. The average inspection cost is the average 
inspection hours for each fee category multiplied by the professional 
hourly rate of $291. 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 1.47 for FY 2022. 
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 being assessed to each licensee also takes 
into account a share of approximately $0.11 million in LLW surcharge 
costs allocated to the materials users fee class (see Table IV, 
``Allocation of LLW Surcharge, FY 2022,'' in Section III, 
``Discussion,'' of this document). The proposed annual fee for each fee 
category is shown in the proposed revision to Sec.  171.16(d).
h. Transportation
    The NRC proposes to collect $1.7 million in annual fees to recover 
generic transportation budgeted resources in FY 2022, as shown in Table 
XVII. The FY 2021 fees are shown for comparison purposes.

[[Page 10092]]



     Table XVII--Annual Fee Summary Calculations for Transportation
                          [Dollars in millions]
------------------------------------------------------------------------
                                           FY 2021 final      FY 2022
        Summary fee calculations               rule        proposed rule
------------------------------------------------------------------------
Total budgeted resources................            $8.3           $10.2
Less estimated 10 CFR part 170 receipts.            -2.3            -2.8
                                         -------------------------------
    Net 10 CFR part 171 resources.......             5.9             7.3
Less generic transportation resources...            -4.5            -5.7
Billing adjustments.....................            -0.1             0.0
                                         -------------------------------
    Total required annual fee recovery..             1.4             1.7
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 proposed annual fee for the 
transportation fee class is increasing primarily due to an increase in 
the budgeted resources offset by: (1) An increase in the 10 CFR part 
170 estimated billings and (2) generic transportation resources 
allocated to other fee classes as discussed in the following 
paragraphs.
    In FY 2022, the budget resources increased primarily due to the 
following: (1) To support the staff's review of transportation package 
applications (including the reviews of accident tolerant fuels (ATF)); 
(2) to support research activities along with the development of 
technical bases for the review of transportation packages loaded with 
batch quantities of fresh ATF; and (3) an increase in certain contract 
costs due to the absence of prior year unobligated carryover funding 
compared to FY 2021.
    The increase in the proposed annual fee is offset by an increase in 
10 CFR part 170 estimated billings related to the review of new 
amendment packages and generic transportation resources allocated to 
respective fee classes due to an increase in the number of CoCs.
    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 three 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 0.5 
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 2022
                                              [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.................................................            23.0            25.1            $1.8
Operating Power Reactors........................................             6.0             6.6             0.5
Spent Fuel Storage/Reactor Decommissioning......................            17.0            18.6             1.4
Non-Power Production or Utilization Facilities..................             0.5             0.5             0.0
Fuel Facilities.................................................            24.0            26.2             1.9
                                                                 -----------------------------------------------
    Sub-Total of Generic Transportation Resources...............            70.5            77.0             5.6
DOE.............................................................            21.0            23.0             1.7
                                                                 -----------------------------------------------
    Total.......................................................            91.5           100.0             7.3
----------------------------------------------------------------------------------------------------------------

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

FY 2022--Policy Changes

    The NRC is not proposing any policy changes for FY 2022.

FY 2022--Administrative Changes

    The NRC is proposing five administrative changes in FY 2022:
    1. Amend Sec.  170.3, ``Definitions,'' by deleting the definition 
for the phrase review is completed and incorporating language from the 
definition into Sec.  170.12(b)(3).
    The NRC proposes to amend Sec.  170.3 by eliminating the definition 
for the phrase review is completed and incorporating language from the 
definition into Sec.  170.12(b)(3). The definition is unnecessary in 10 
CFR part 170 because this phrase is only referenced one time. This 
proposed

[[Page 10093]]

amendment would not impact the NRC's assessment of 10 CFR part 170 
service fees.
    2. Amend Sec.  170.11, ``Exemptions,'' by clarifying exemption 
requirements.
    The NRC proposes to amend paragraph (a)(1)(i) by replacing the word 
``that'' with ``where the request/report,'' for consistency with the 
use of the latter phrase in the introductory text of paragraph (a)(1). 
In addition, the NRC proposes to amend paragraph (c) by replacing the 
word ``work'' with ``request/report'' for consistency with paragraph 
(a)(1) and to avoid any potential ambiguity about what is considered 
the ``work'' for purposes of the 90-day period in which the fee 
exemption must be submitted to the NRC's Chief Financial Officer.
    The NRC also proposes to amend Sec.  170.11(a)(1)(ii) by retaining 
the ``generic regulatory improvements'' clause in paragraph (a)(1)(ii) 
and moving ``Office Director level or above,'' to a new paragraph 
(a)(1)(iii). These changes would clarify that the Chief Financial 
Officer may grant an exemption when the review of a request/report, at 
the time it is submitted, would ``assist the NRC in generic regulatory 
improvements or efforts,'' even if there is no ``request from the 
Office Director level or above'' to resolve ``an identified safety, 
safeguards, or environmental issue.''
    Finally, the NRC proposes to move paragraph (a)(13) on CFO 
communications to a new paragraph (d) because this is not an exemption 
category but rather a separate requirement applicable to all fee 
exemption requests under 10 CFR part 170.
    These proposed amendments to Sec.  170.11 would not change the 
NRC's fee exemption policy.
    3. Amend Sec.  170.12(f), ``Method of payment,'' by clarifying the 
types of payments, updating the contact information for payments, and 
clarifying the payment method.
    The NRC proposes to amend paragraph (f) by replacing ``all license 
fees'' with ``all fee payments under 10 CFR part 170,'' for additional 
clarity. Currently, paragraph (f) states, in part, that all license fee 
payments are to be payable to the U.S. Nuclear Regulatory Commission. 
Since paragraph (f) applies to all fees and not only licensing fees, 
this proposed amendment would provide additional clarity for fee 
payments under 10 CFR part 170. In addition, the NRC proposes to 
further amend paragraph (f) by replacing ``License Fee and Accounts 
Receivable Branch'' with the ``Office of the Chief Financial Officer'' 
to remove reference to a specific branch because the Office of the 
Chief Financial Officer collects fees for the NRC. This proposed 
amendment would eliminate the need to revise the branch information 
after reorganizations or branch name changes. Finally, the NRC is 
proposing to revise paragraph (f) to clarify that fee payments can be 
made electronically using www.Pay.gov or manually using NRC Form 629, 
``Authorization for Payment by Credit Card,'' which will align with the 
terms and conditions that are currently being updated to clarify the 
methods of payment.
    4. Add footnote 6 to the table in 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,'' and footnote 12 to the table in Sec.  170.31, 
``Schedule of fees for materials licenses and other regulatory 
services, including inspections, and import and export licenses.''
    The NRC proposes to add footnote 6 to the table in Sec.  170.21 and 
footnote 12 to the table in Sec.  170.31. In accordance with NEIMA, in 
FY 2022, the NRC identified international activities, including the 
resources for import and export licensing activities, as a fee-relief 
activity to be excluded from the fee-recoverable budget. Therefore, the 
NRC is not proposing to charge fees for import and export licensing 
actions.
    5. Add footnote 13 to the table in Sec.  170.31 for clarity.
    The NRC proposes to add footnote 13 to the table in Sec.  170.31 to 
clarify, with respect to 10 CFR part 170 fees, that licensees paying 
fees under 4.A., 4.B. or 4.C. in the table are not subject to paying 
fees under 3.N. The proposed footnote would be identical to footnote 21 
to the table in Sec.  171.16(d).

Update on the Fees Transformation Initiative

    In the staff requirements memorandum, dated October 19, 2016, for 
SECY-16-0097, ``Fee Setting Improvements and Fiscal Year 2017 Proposed 
Fee Rule,'' the Commission directed the staff to accelerate its process 
improvements for setting fees. 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.
    The one fees transformation activity yet to be completed is the 
rulemaking to update the NRC's small business size standards in Sec.  
2.810, ``NRC size standards.'' The NRC published a proposed rule on 
July 26, 2021 (86 FR 39980) and provided a 30-day comment period, which 
closed August 25, 2021. The NRC proposed to increase the upper and 
lower tiers for its receipts-based small entity size standards for 
small businesses and small not-for-profit organizations. This change 
would allow the NRC's standards to remain consistent with the inflation 
adjustments made by the Small Business Administration size standard for 
nonmanufacturing concerns. In addition, in accordance with the Small 
Business Runway Extension Act of 2018, the NRC proposed changing the 
calculation of annual average receipts for the receipts-based NRC size 
standard for small businesses that provide a service or for small 
businesses not engaged in manufacturing from a 3-year averaging period 
to a 5-year averaging period. The NRC did not receive public comments 
on the proposed rule and is in the process of publishing the final 
rule. The NRC will include updates on this rulemaking activity in the 
FY 2022 final fee rule 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 https://www.regulations.gov.
    For more information, see the fees transformation accomplishments 
schedule, located on the NRC's license fees website: 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),\4\ the NRC has prepared a regulatory flexibility analysis 
related to this proposed rule. The regulatory flexibility analysis is 
available as indicated in the ``Availability of Documents'' section of 
this document.
---------------------------------------------------------------------------

    \4\ 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, 
Pulic 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 2022 
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

[[Page 10094]]

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 (Public Law 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 Sec.  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.

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 2022 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. 604 to prepare a 
regulatory flexibility analysis. The NRC, in compliance with the law, 
prepared the ``Small Entity Compliance Guide'' for the FY 2021 fee 
rule. The compliance guide was developed when the NRC completed the 
small entity biennial review for FY 2021. The NRC plans to continue to 
use this compliance guide for FY 2022 and has relabeled the compliance 
guide to reflect the current fiscal year. This compliance guide is 
available as indicated in the ``Availability of Documents'' section of 
this document.

XII. Public Meeting

    The NRC will conduct a public meeting to describe the FY 2022 
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: https://www.nrc.gov/public-involve/public-meetings/index.cfm.

XIII. Availability of Documents

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

----------------------------------------------------------------------------------------------------------------
                    Documents                                 ADAMS accession No./FR citation/web link
----------------------------------------------------------------------------------------------------------------
NUREG-1100, Volume 37, ``Congressional Budget      ML21181A336.
 Justification: Fiscal Year 2022'' (June 2021).
FY 2022 Proposed Rule Work Papers................  ML22032A035.
OMB Circular A-25, ``User Charges''..............  https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/a025/a025.html.
``Revision of Fee Schedules; Fee Recovery for      86 FR 32146.
 Fiscal Year 2021,'' dated June 16, 2021.
``Public Interest Exemption from Provisions in     ML21209A553.
 the Fiscal Year 2021 Fee Rule that Require Fees
 for Import/Export Licensing Actions,'' dated
 August 20, 2021.
SECY-05-0164, ``Annual Fee Calculation Method,''   ML052580332.
 dated September 15, 2005.
``Revision of Fee Schedules; Fee Recovery for      80 FR 37432.
 Fiscal Year 2015,'' dated June 30, 2015.
``Variable Annual Fee Structure for Small Modular  81 FR 32617.
 Reactors,'' dated May 24, 2016.
``Revision of Fee Schedules; 100% Fee Recovery,    64 FR 31447.
 FY 1999,'' dated June 10, 1999.
``Revision of Fee Schedules; Fee Recovery for FY   67 FR 42625.
 2002,'' dated June 24, 2002.
``Revision of Fee Schedules; Fee Recovery for FY   71 FR 30721.
 2006,'' dated May 30, 2006.
SECY-16-0097, ``Fee Setting Improvements and       ML16194A365.
 Fiscal Year 2017 Proposed Fee Rule,'' dated
 August 15, 2016.
Staff Requirements Memorandum for SECY-16-0097,    ML16293A902.
 dated October 19, 2016.
``Receipts-Based NRC Size Standards,'' dated July  86 FR 39980.
 26, 2021.
Fees Transformation Accomplishments..............  https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
FY 2022 Regulatory Flexibility Analysis..........  ML21363A153.

[[Page 10095]]

 
FY 2022 U.S. Nuclear Regulatory Commission Small   ML21347A005.
 Entity Compliance Guide.
----------------------------------------------------------------------------------------------------------------

List of Subjects

10 CFR Part 170

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

10 CFR Part 171

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

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

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

    Authority: Atomic Energy Act of 1954, secs. 11, 161(w) (42 
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201 
(42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 901, 902, 9701; 44 
U.S.C. 3504 note.


Sec.  170.3  [Amended]

0
2. In Sec.  170.3, remove the definition for ``Review is completed''.
0
3. In Sec.  170.11:
0
a. Revise paragraphs (a)(1) and (c); and
0
b. Redesignate paragraph (a)(13) as paragraph (d).
    The revisions read as follows:


Sec.  170.11  Exemptions.

    (a) * * *
    (1) A special project that is a request/report submitted to the 
NRC--
    (i) In response to a generic letter or NRC bulletin, where the 
request/report does not result in an amendment to the license, does not 
result in the review of an alternate method or reanalysis to meet the 
requirements of the generic letter, or does not involve an unreviewed 
safety issue;
    (ii) When the NRC, at the time the request/report is submitted, 
plans to use the information to assist the NRC in generic regulatory 
improvements or efforts (e.g., rules, regulatory guides, regulations, 
policy statements, generic letters, or bulletins); or
    (iii) When the NRC, at the time the request/report is submitted, 
plans to use the information in response to an NRC request from the 
Office Director level or above to resolve an identified safety, 
safeguards, or environmental issue.
* * * * *
    (c) For purposes of paragraph (a)(1) of this section, a request for 
a fee exemption must be submitted to the Chief Financial Officer within 
90 days of the date of the NRC's receipt of the request/report.
* * * * *
0
4. In Sec.  170.12, revise paragraphs (b)(3) and (f) to read as 
follows.


Sec.  170.12  Payment of fees.

* * * * *
    (b) * * *
    (3) The NRC intends to bill each applicant or licensee at quarterly 
intervals for all accumulated costs for each application the applicant 
or licensee has on file for NRC review, until the review has been 
brought to an end, whether by issuance of a permit, license, approval, 
certificate, exemption, or other form of permission; by denial, 
withdrawal, or suspension of review of the application; or by 
postponement of action on the application by the applicant.
* * * * *
    (f) Method of payment. All fee payments under 10 CFR part 170 are 
to be made payable to the U.S. Nuclear Regulatory Commission. The 
payments are to be made in U.S. funds by electronic funds transfer such 
as ACH (Automated Clearing House) using E.D.I. (Electronic Data 
Interchange), check, draft, money order, or credit card (submit 
electronic payment at www.Pay.gov or manual payment using the NRC Form 
629, ``Authorization for Payment by Credit Card''). Payment of invoices 
of $5,000 or more should be paid via ACH through the NRC's Lockbox Bank 
at the address indicated on the invoice. Credit card payments should be 
made up to the limit established by the credit card bank at the address 
indicated on the invoice. Specific written instructions for making 
electronic payments and credit card payments may be obtained by 
contacting the Office of the Chief Financial Officer at 301-415-7554. 
In accordance with Department of the Treasury requirements, refunds 
will only be made upon receipt of information on the payee's financial 
institution and bank accounts.
* * * * *


Sec.  170.20  [Amended]

0
5. In Sec.  170.20, remove the dollar amount ``$288'' and add in its 
place the dollar amount ``$291''.
0
6. In Sec.  170.21, in table 1, revise the table entry for ``K, Import 
and export licenses'' and add footnote 6 to read as follows:


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

* * * * *

           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: \6\
    Licenses for the import and export only of
     production or utilization facilities or the export
     only of components for production or utilization
     facilities issued under 10 CFR part 110.
        1. Application for import or export of
         production or utilization facilities \4\
         (including reactors and other facilities) and
         exports of components requiring Commission and
         Executive Branch review, for example, actions
         under 10 CFR 110.40(b).

[[Page 10096]]

 
            Application--new license, or amendment; or               N/A
             license exemption request..................
        2. Application for export of reactor and other
         components requiring Executive Branch review,
         for example, those actions under 10 CFR
         110.41(a).
            Application--new license, or amendment; or               N/A
             license exemption request..................
        3. Application for export of components
         requiring the assistance of the Executive
         Branch to obtain foreign government assurances.
            Application--new license, or amendment; or               N/A
             license exemption request..................
        4. Application for export of facility components
         and equipment not requiring Commission or
         Executive Branch review, or obtaining foreign
         government assurances.
            Application--new license, or amendment; or               N/A
             license exemption request..................
        5. Minor amendment of any active export or
         import license, for example, to extend the
         expiration date, change domestic information,
         or make other revisions which do not involve
         any substantive changes to license terms or
         conditions or to the type of facility or
         component authorized for export and, therefore,
         do not require in-depth analysis or review or
         consultation with the Executive Branch, U.S.
         host state, or foreign government authorities.
            Minor amendment to license..................             N/A
------------------------------------------------------------------------
\1\ Fees will be charged for approvals issued under a specific exemption
  provision of the Commission's regulations under title 10 of the Code
  of Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other
  sections in effect now or in the future, regardless of whether the
  approval is in the form of a license amendment, letter of approval,
  safety evaluation report, or other form.
\2\ Full cost fees will be determined based on the professional staff
  time and appropriate contractual support services expended. For
  applications currently on file and for which fees are determined based
  on the full cost expended for the review, the professional staff hours
  expended for the review of the application up to the effective date of
  the final rule will be determined at the professional rates in effect
  when the service was provided.
 * * * * *
\4\ Imports only of major components for end-use at NRC-licensed
  reactors are authorized under NRC general import license in 10 CFR
  110.27.
 * * * * *
\6\ Because the resources for import and export licensing activities are
  identified as a fee-relief activity to be excluded from the fee-
  recoverable budget, import and export licensing actions will not incur
  fees.

0
7. In Sec.  170.31, revise table 1 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
     of this chapter 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].

[[Page 10097]]

 
        (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].
        (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].  $2,800.
    F. All other source material licenses.
        Application [Program Code(s): 11200,   $2,800.
         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,   $13,600.
         03212, 03213].
        (1). Licenses of broad scope for the
         possession and use of byproduct
         material issued under parts 30 and
         33 of this chapter for processing or
         manufacturing of items containing
         byproduct material for commercial
         distribution. Number of locations of
         use: 6-20.
            Application [Program Code(s):      $18,100.
             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):      $22,600.
             04011, 04013, 04015].
    B. Other licenses for possession and use
     of byproduct material issued under part
     30 of this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution. Number of locations of
     use: 1-5.
        Application [Program Code(s): 03214,   $3,700.
         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):      $9,000.
             04211, 04213, 04215].
    D. [Reserved]............................  N/A.

[[Page 10098]]

 
    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].  $6,800.
    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].  $64,900.
    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,   $15,500.
         03251, 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):      $7,600.
             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):      $9,500.
             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].  $8,700.
    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.\13\
            Application [Program Code(s):      $9,300.
             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):      $12,300.
             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):      $15,400.
             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):      $11,000.
             04411, 04413, 04415, 04417,
             04419, 04421, 04423, 04425,
             04427, 04429, 04431, 04433,
             04435, 04437, 04439].

[[Page 10099]]

 
    Q. Registration of a device(s) generally
     licensed under part 31 of this chapter.
    Registration.............................  $400.
    R. Possession of items or products
     containing radium-226 identified in Sec.
       31.12 of this chapter 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
         Sec.   31.12(a)(4) or (5) of this
         chapter but less than or equal to 10
         times the number of items or limits
         specified.
            Application [Program Code(s):      $2,700.
             02700].
        2. Possession of quantities exceeding
         10 times the number of items or
         limits specified in Sec.
         31.12(a)(4) or (5) of this chapter.
            Application [Program Code(s):      $2,600.
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.
        Application [Program Code(s): 03210].  $14,900.
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\........................  $4,800.
    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]...  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].  $23,200.
7. Medical licenses: \11\
    A. Licenses issued under parts 30, 35,
     40, and 70 of this chapter for human use
     of byproduct material, source material,
     or special nuclear material in sealed
     sources contained in gamma stereotactic
     radiosurgery units, teletherapy devices,
     or similar beam therapy devices. Number
     of locations of use: 1-5.
        Application [Program Code(s): 02300,   $11,600.
         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):      $15,500.
             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):      $19,300.
             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].  $9,100.
        (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):      $12,100.
             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):      $15,100.
             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.

[[Page 10100]]

 
        Application [Program Code(s): 02120,   $11,000.
         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):      $9,100.
             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):      $11,400.
             04811, 04813, 04815, 04817,
             04819, 04821, 04823, 04825,
             04827, 04829].
8. Civil defense: \11\
    A. Licenses for possession and use of
     byproduct material, source material, or
     special nuclear material for civil
     defense activities.
        Application [Program Code(s): 03710].  $2,700.
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.............  $18,100.
    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.............  $9,400.
    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......................  $4,400.
            Inspections......................  Full Cost.
        2. Users.
            Application......................  $4,400.
            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: \12\
    Licenses issued under part 110 of this
     chapter for the import and export only
     of special nuclear material, source
     material, tritium and other byproduct
     material, and the export only of heavy
     water, or nuclear grade graphite (fee
     categories 15.A. through 15.E.).
        A. Application for export or import
         of nuclear materials, including
         radioactive waste requiring
         Commission and Executive Branch
         review, for example, those actions
         under Sec.   110.40(b) of this
         chapter.
            Application--new license, or       N/A.
             amendment; or license exemption
             request.
        B. Application for export or import
         of nuclear material, including
         radioactive waste, requiring
         Executive Branch review, but not
         Commission review. This category
         includes applications for the export
         and import of radioactive waste and
         requires the NRC to consult with
         domestic host state authorities
         (i.e., Low-Level Radioactive Waste
         Compact Commission, the U.S.
         Environmental Protection Agency,
         etc.).
            Application--new license, or       N/A.
             amendment; or license exemption
             request.
        C. Application for export of nuclear
         material, for example, routine
         reloads of low enriched uranium
         reactor fuel and/or natural uranium
         source material requiring the
         assistance of the Executive Branch
         to obtain foreign government
         assurances.
            Application--new license, or       N/A.
             amendment; or license exemption
             request.
        D. Application for export or import
         of nuclear material not requiring
         Commission or Executive Branch
         review, or obtaining foreign
         government assurances.

[[Page 10101]]

 
            Application--new license, or       N/A.
             amendment; or license exemption
             request.
        E. Minor amendment of any active
         export or import license, for
         example, to extend the expiration
         date, change domestic information,
         or make other revisions which do not
         involve any substantive changes to
         license terms and conditions or to
         the type/quantity/chemical
         composition of the material
         authorized for export and,
         therefore, do not require in-depth
         analysis, review, or consultations
         with other Executive Branch, U.S.
         host state, or foreign government
         authorities.
            Minor amendment..................  N/A.
        Licenses issued under part 110 of
         this chapter for the import and
         export only of Category 1 and
         Category 2 quantities of radioactive
         material listed in appendix P to
         part 110 of this chapter (fee
         categories 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
 Exports:
    F. Application for export of appendix P
     Category 1 materials requiring
     Commission review (e.g., exceptional
     circumstance review under Sec.
     110.42(e)(4) of this chapter) and to
     obtain one government-to-government
     consent for this process. For additional
     consent see fee category 15.I.
        Application--new license, or           N/A.
         amendment; or license exemption
         request.
    G. Application for export of appendix P
     Category 1 materials requiring Executive
     Branch review and to obtain one
     government-to-government consent for
     this process. For additional consents
     see fee category 15.I.
        Application--new license, or           N/A.
         amendment; or license exemption
         request.
    H. Application for export of appendix P
     Category 1 materials and to obtain one
     government-to-government consent for
     this process. For additional consents
     see fee category 15.I.
        Application--new license, or           N/A.
         amendment; or license exemption
         request.
    I. Requests for each additional
     government-to-government consent in
     support of an export license application
     or active export license.
        Application--new license, or           N/A.
         amendment; or license exemption
         request.
Category 2 (Appendix P, 10 CFR Part 110)
 Exports:
    J. Application for export of appendix P
     Category 2 materials requiring
     Commission review (e.g., exceptional
     circumstance review under Sec.
     110.42(e)(4) of this chapter).
        Application--new license, or           N/A.
         amendment; or license exemption
         request.
    K. Applications for export of appendix P
     Category 2 materials requiring Executive
     Branch review.
        Application--new license, or           N/A.
         amendment; or license exemption
         request.
    L. Application for the export of Category
     2 materials.
        Application--new license, or           N/A.
         amendment; or license exemption
         request.
    M. [Reserved]............................  N/A.
    N. [Reserved]............................  N/A.
    O. [Reserved]............................  N/A.
    P. [Reserved]............................  N/A.
    Q. [Reserved]............................  N/A.
Minor Amendments (Category 1 and 2, Appendix
 P, 10 CFR Part 110, Export):
    R. Minor amendment of any active export
     license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions
     which do not involve any substantive
     changes to license terms and conditions
     or to the type/quantity/chemical
     composition of the material authorized
     for export and, therefore, do not
     require in-depth analysis, review, or
     consultations with other Executive
     Branch, U.S. host state, or foreign
     authorities.
        Minor amendment......................  N/A.
16. Reciprocity:
    Agreement State licensees who conduct
     activities under the reciprocity
     provisions of Sec.   150.20 of this
     chapter.
        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:
(1) 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.
(i) 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.
(ii) 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.
(2) 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).
(3) 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.
(4) Inspection fees. Inspections resulting from investigations conducted
  by the Office of Investigations and nonroutine inspections that result
  from third-party allegations are not subject to fees. Inspection fees
  are due upon notification by the Commission in accordance with Sec.
  170.12(c).

[[Page 10102]]

 
(5) 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.)
\6\ Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or
  2.A. must pay the largest applicable fee and are not subject to
  additional fees listed in this table.
\7\ Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to
  fees under 2.B. for possession and shielding authorized on the same
  license.
\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\9\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
  authorized on the same license.
\10\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
  to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope licenses
  issued under parts 30, 35, 40, and 70 of this chapter for human use of
  byproduct material, source material, and/or special nuclear material,
  except licenses for byproduct material, source material, or special
  nuclear material in sealed sources contained in teletherapy devices
  authorized on the same license.
\11\ A materials license (or part of a materials license) that
  transitions to fee category 14.A is assessed full-cost fees under 10
  CFR part 170, but is not assessed an annual fee under 10 CFR part 171.
  If only part of a materials license is transitioned to fee category
  14.A, the licensee may be charged annual fees (and any applicable 10
  CFR part 170 fees) for other activities authorized under the license
  that are not in decommissioning status.
\12\ Because the resources for import and export licensing activities
  are identified as a fee-relief activity to be excluded from the fee-
  recoverable budget, import and export licensing actions will not incur
  fees.
\13\ 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.

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

    Authority: Atomic Energy Act of 1954, secs. 11, 161(w), 223, 234 
(42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act of 
1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2215; 44 U.S.C. 3504 
note.
0
9. In Sec.  171.15, revise paragraphs (b)(1), (b)(2) introductory text, 
(c)(1), (c)(2) introductory text, and (e) to read as follows:


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

* * * * *
    (b)(1) The FY 2022 annual fee for each operating power reactor that 
must be collected by September 30, 2022, is $5,165,000.
    (2) The FY 2022 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 2022 base annual fee for 
operating power reactors are as follows:
* * * * *
    (c)(1) The FY 2022 annual fee for each power reactor holding a 10 
CFR part 50 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 $254,000.
    (2) The FY 2022 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 2022 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
    (e) The FY 2022 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 $93,000.
0
10. In Sec.  171.16, revise paragraphs (b) introductory text and (d) to 
read as follows:


Sec.  171.16  Annual fees: Materials licensees, holders of certificates 
of compliance, holders of sealed source and device registrations, 
holders of quality assurance program approvals, and government agencies 
licensed by the NRC.

* * * * *
    (b) The FY 2022 annual fee is comprised of a base annual fee and 
associated additional charges. The base FY 2022 annual fee is the sum 
of budgeted costs for the following activities:
* * * * *
    (d) The FY 2022 annual fees for materials licensees and holders of 
certificates, registrations, or approvals subject to fees under this 
section are shown in table 2 to this paragraph (d):

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
             Category of materials licenses                 \1\ \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material:
    A.(1) Licenses for possession and use of U-235 or
     plutonium for fuel fabrication activities..........

[[Page 10103]]

 
        (a) Strategic Special Nuclear Material (High          $4,441,000
         Enriched Uranium) \15\ [Program Code(s): 21213]
        (b) Low Enriched Uranium in Dispersible Form          $1,505,000
         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\             $992,000
         [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,               $5,900
     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        $1,935,000
     uranium enrichment facility \15\ [Program Code(s):
     21200].............................................
    F. Licenses for possession and use of special                 $4,400
     nuclear materials greater than critical mass, as
     defined in Sec.   70.4 of this chapter, for
     development and testing of commercial products, and
     other non-fuel cycle activities.\4\ [Program Code:
     22155].............................................
2. Source material:
    A.(1) Licenses for possession and use of source             $447,000
     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\           $47,000
             [Program Code(s): 11500]...................
            (c) Expanded In Situ Recovery facilities                 N/A
             \15\ [Program Code(s): 11510]..............
            (d) In Situ Recovery Resin facilities.\15\           \5\ N/A
             [Program Code(s): 11550]...................
            (e) Resin Toll Milling facilities.\15\               \5\ N/A
             [Program Code(s): 11555]...................
            (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             $9,000
     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                  $6,500
     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               $8,800
     Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
     11820].............................................
3. Byproduct material:
    A. Licenses of broad scope for possession and use of         $28,000
     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          $37,100
         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):
         04010, 04012, 04014]...........................
        (2). Licenses of broad scope for the possession          $46,300
         and use of byproduct material issued under
         parts 30 and 33 of this chapter for processing
         or manufacturing of items containing byproduct
         material for commercial distribution. Number of
         locations of use: More than 20. [Program
         Code(s): 04011, 04013, 04015]..................
    B. Other licenses for possession and use of                   $9,800
     byproduct material issued under part 30 of this
     chapter for processing or manufacturing of items
     containing byproduct material for commercial
     distribution. Number of locations of use: 1-5.
     [Program Code(s): 03214, 03215, 22135, 22162]......
        (1). Other licenses for possession and use of            $13,000
         byproduct material issued under part 30 of this
         chapter for processing or manufacturing of
         items containing byproduct material for
         commercial distribution. Number of locations of
         use: 6-20. [Program Code(s): 04110, 04112,
         04114, 04116]..................................
        (2). Other licenses for possession and use of            $16,100
         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]...........................

[[Page 10104]]

 
    C. Licenses issued under Sec.  Sec.   32.72 and/or            $9,200
     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) of this chapter. Number of locations
     of use: 1-5. [Program Code(s): 02500, 02511, 02513]
        (1). Licenses issued under Sec.  Sec.   32.72            $12,100
         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            $16,600
         and/or 32.74 of this chapter that authorize the
         processing or manufacturing and distribution or
         redistribution of radiopharmaceuticals,
         generators, reagent kits, and/or sources and
         devices containing byproduct material. This
         category does not apply to licenses issued to
         nonprofit educational institutions whose
         processing or manufacturing is exempt under
         Sec.   170.11(a)(4). Number of locations of
         use: More than 20. [Program Code(s): 04211,
         04213, 04215]..................................
    D. [Reserved].......................................         \5\ N/A
    E. Licenses for possession and use of byproduct              $10,100
     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            $9,100
     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           $73,000
     10,000 curies of byproduct material in sealed
     sources for irradiation of materials in which the
     source is exposed for irradiation purposes. This
     category also includes underwater irradiators for
     irradiation of materials in which the source is not
     exposed for irradiation purposes. [Program Code(s):
     03521].............................................
    H. Licenses issued under subpart A of part 32 of              $8,700
     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             $17,700
     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,
     03253, 03256]......................................
    J. Licenses issued under subpart B of part 32 of              $3,600
     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              $2,700
     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         $12,800
     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           $17,000
         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           $21,100
         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                  $13,600
     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                $15,500
     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              $29,700
     material issued under part 34 of this chapter for
     industrial radiography operations. This category
     also includes the possession and use of source
     material for shielding authorized under part 40 of
     this chapter when authorized on the same license
     Number of locations of use: 1-5. [Program Code(s):
     03310, 03320]......................................
        (1). Licenses for possession and use of                  $39,500
         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].....
        (2). Licenses for possession and use of                  $49,500
         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: More than 20. [Program Code(s): 04311,
         04313].........................................

[[Page 10105]]

 
    P. All other specific byproduct material licenses,            $9,900
     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               $13,300
         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               $16,600
         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 Sec.   31.12 of this chapter
     which exceed the number of items or limits
     specified in that section: \14\
        (1). Possession of quantities exceeding the               $6,200
         number of items or limits in Sec.
         31.12(a)(4), or (5) of this chapter 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          $6,500
         the number of items or limits specified in Sec.
           31.12(a)(4) or (5) of this chapter [Program
         Code(s): 02710]................................
    S. Licenses for production of accelerator-produced           $24,300
     radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt of          $23,100
     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, 03236, 06100, 06101]........................
    B. Licenses specifically authorizing the receipt of          $16,000
     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           $8,900
     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              $12,700
     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         $28,700
     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         $27,700
     this chapter for human use of byproduct material,
     source material, or special nuclear material in
     sealed sources contained in gamma stereotactic
     radiosurgery units, teletherapy devices, or similar
     beam therapy devices. This category also includes
     the possession and use of source material for
     shielding when authorized on the same license.\9\
     Number of locations of use: 1-5. [Program Code(s):
     02300, 02310]......................................
        (1). Licenses issued under parts 30, 35, 40, and         $36,900
         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         $46,100
         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                 $37,900
     institutions or two or more physicians under parts
     30, 33, 35, 40, and 70 of this chapter authorizing
     research and development, including human use of
     byproduct material, except licenses for byproduct
     material, source material, or special nuclear
     material in sealed sources contained in teletherapy
     devices. This category also includes the possession
     and use of source material for shielding when
     authorized on the same license.\9\ Number of
     locations of use: 1-5. [Program Code(s): 02110]....
        (1). Licenses of broad scope issued to medical           $50,400
         institutions or two or more physicians under
         parts 30, 33, 35, 40, and 70 of this chapter
         authorizing research and development, including
         human use of byproduct material, except
         licenses for byproduct material, source
         material, or special nuclear material in sealed
         sources contained in teletherapy devices. This
         category also includes the possession and use
         of source material for shielding when
         authorized on the same license.\9\ Number of
         locations of use: 6-20. [Program Code(s):
         04710].........................................
        (2). Licenses of broad scope issued to medical           $63,000
         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: More than 20. [Program
         Code(s): 04711]................................

[[Page 10106]]

 
    C. Other licenses issued under parts 30, 35, 40, and         $17,000
     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,           $17,200
         40, and 70 of this chapter for human use of
         byproduct material, source material, and/or
         special nuclear material, except licenses for
         byproduct material, source material, or special
         nuclear material in sealed sources contained in
         teletherapy devices. This category also
         includes the possession and use of source
         material for shielding when authorized on the
         same license.\9\ \19\ Number of locations of
         use: 6-20. [Program Code(s): 04810, 04812,
         04814, 04816, 04818, 04820, 04822, 04824,
         04826, 04828]..................................
        (2). Other licenses issued under parts 30, 35,           $21,400
         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               $6,200
     material, source material, or special nuclear
     material for civil defense activities. [Program
     Code(s): 03710]....................................
9. Device, product, or sealed source safety evaluation:
    A. Registrations issued for the safety evaluation of         $18,200
     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          $9,400
     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
     Sec.   72.210 of this chapter......................
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          $346,000
 Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
    A. Certificates of Compliance.......................            \10\
                                                              $1,659,000
    B. Uranium Mill Tailings Radiation Control Act              $176,000
     (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.
\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 part 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.

[[Page 10107]]

 
\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.


    Dated: February 15, 2022.

    For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2022-03715 Filed 2-18-22; 4:15 pm]
BILLING CODE 7590-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.