Fee Schedules; Fee Recovery for Fiscal Year 2024, 12759-12785 [2024-03231]

Download as PDF Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 15, 37, 73, 110, 140, 170 and 171 [NRC–2022–0046] RIN 3150–AK74 Fee Schedules; Fee Recovery for Fiscal Year 2024 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. The proposed amendments are necessary to comply with 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. DATES: Submit comments by March 21, 2024. 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 2024 by September 30, 2024, 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; 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–2022–0046. 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. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal workdays; telephone: 301–415–1677. You can read a plain language description of this proposed rule at https://www.regulations.gov/docket/ NRC-2022-0046. 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–2022– 0046 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–2022–0046. • 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: The PDR, where you may examine and order copies of PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 12759 publicly available documents, is open by appointment. 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 a.m. and 4 p.m. eastern time, 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–2022–0046 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 submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comments into ADAMS. II. Background; Statutory Authority The NRC’s fee regulations are primarily governed by two laws: (1) the Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C. 9701); and (2) 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 E:\FR\FM\20FEP1.SGM 20FEP1 12760 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules NRC’s mission, and a nuclear science and engineering grant program. In fiscal year (FY) 2024, in addition to the feerelief activities identified by the Commission in prior fee rules the resources for the Minority Serving Institutions Grant Program are also identified as a fee-relief activity to be excluded from the fee recovery requirement (see Table 1, ‘‘Excluded Activities,’’ of this document for the list of all excluded activities). Under NEIMA, the NRC must use its IOAA authority first to collect service fees for NRC work that provides specific benefits to identifiable recipients (such as licensing work, inspections, and special projects). The NRC’s regulations in part 170 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, as Amended,’’ explain how the agency collects service fees from specific beneficiaries. Because the NRC’s fee recovery under the IOAA (10 CFR part 170) will not equal 100 percent of the agency’s total budget authority for the FY (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 2024 Fee Collection—Overview The NRC is issuing this FY 2024 proposed fee rule based on the FY 2024 budget request as further described in the NRC’s FY 2024 Congressional Budget Justification (CBJ) (NUREG– 1100, Volume 39) because a full-year appropriation has not yet been enacted for FY 2024. The NRC will adjust the fees described in this proposed rule to reflect the enacted budget authority for FY 2024. The FY 2024 budget request is $1,006.4 million and proposes the use of $27.1 million in carryover to offset the Nuclear Reactor Safety budget. As a result, the gross budget authority in the FY 2024 budget request and the total budget authority used in the FY 2024 proposed fee rule is $979.2 million, which would be an increase of $52.1 million from FY 2023. The increase is primarily to support salaries and benefits, in accordance with the U.S. Office of Management and Budget (OMB) guidance. As explained previously, certain portions of the NRC’s total budget authority are excluded from NEIMA’s fee recovery requirement under section 102(b)(1)(B) of NEIMA. Based on the FY 2024 budget request, these exclusions total $156.0 million, which is an increase of $19.0 million from FY 2023. These excluded activities consist of $104.2 million for fee-relief activities, $34.2 million for advanced reactor regulatory infrastructure activities, $15.1 million for generic homeland security activities, $1.0 million for waste incidental to reprocessing activities, and $1.5 million for Inspector General services for the Defense Nuclear Facilities Safety Board. Table I summarizes the excluded activities for the FY 2024 proposed fee rule. The FY 2023 amounts are provided for comparison purposes. TABLE I—EXCLUDED ACTIVITIES [Dollars in millions] FY 2023 Final rule ddrumheller on DSK120RN23PROD with PROPOSALS1 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 ................................................................................................................................ Minority Serving Institutions Grant Program .................................................................................................. FY 2024 Proposed rule 28.8 11.9 3.5 13.5 8.9 14.2 37.5 12.8 0.7 19.0 10.4 12.1 12.5 2.7 0.9 0.2 N/A 2.8 5.4 0.8 0.2 2.5 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 ............................................................................................ 97.1 104.2 16.1 23.8 17.6 34.2 Total Excluded Activities ......................................................................................................................... 137.0 156.0 After accounting for the exclusions from the fee recovery requirement and net billing adjustments (i.e., for FY 2024 invoices that the NRC estimates will not be paid during the FY, less payments received in FY 2024 for prior-year invoices), the NRC estimates that it must recover approximately $825.7 million in fees in FY 2024. Of this amount, the NRC estimates that $205.5 million will be recovered through 10 CFR part 170 VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 service fees and approximately $620.2 million will be recovered through 10 CFR part 171 annual fees. Table II summarizes the fee recovery amounts for the FY 2024 proposed fee rule using the FY 2024 budget request and takes into account the budget authority for excluded activities and net billing adjustments. For all information presented in the following tables in this proposed rule, individual values may PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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. Since a full-year appropriation has not yet been enacted, the FY 2024 proposed fee rule is based on the FY 2024 budget request. As discussed in the FY 2024 budget request, this proposed rule assumes the utilization of E:\FR\FM\20FEP1.SGM 20FEP1 12761 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules $27.1 million in carryover to offset the Nuclear Reactor Safety budget. In addition, the proposed rule assumes the use of $16.0 million in prior-year unobligated carryover funds for the University Nuclear Leadership Program, which was not included in the budget request, but has historically been included by Congress in the final appropriations bill. The FY 2023 amounts are provided for comparison purposes. If the NRC receives an appropriation providing a different total budget authority, the final fee rule will reflect the final appropriation. TABLE II—BUDGET AND FEE RECOVERY AMOUNTS [Dollars in millions] FY 2023 Final rule Total Budget Authority ........................................................................................................................................... Less Budget Authority for Excluded Activities: ...................................................................................................... $927.2 ¥137.0 $979.2 ¥156.0 Balance ........................................................................................................................................................... Fee Recovery Percent ........................................................................................................................................... 790.2 100.0 823.2 100.0 Total Amount to be Recovered: ..................................................................................................................... Less Estimated Amount to be Recovered through 10 CFR part 170 Fees ........................................... Estimated Amount to be Recovered through 10 CFR part 171 Fees .................................................... 10 CFR part 171 Billing Adjustments: Unpaid Current Year Invoices (estimated) ..................................................................................................... Less Payments Received in Current Year for Previous Year Invoices (estimated) ............................... Adjusted 10 CFR part 171 Annual Fee Collections Required ................................................................ Adjusted Amount to be Recovered through 10 CFR parts 170 and 171 Fees .................................................... 790.2 ¥195.0 595.2 823.2 ¥205.5 617.7 3.7 ¥3.3 595.6 $790.6 4.5 ¥2.0 620.2 $825.7 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, ‘‘Schedule of fees for production and utilization facilities, review of standard referenced design Professional Hourly Rate = Budgeted Resources Mission-Direct FTE Converted to Hours For FY 2024, the NRC is proposing to increase the professional hourly rate from $300 to $321. The 7.1 percent increase in the professional hourly rate is primarily due to a 7.3 percent increase in budgeted resources of approximately $56.6 million. The increase in budgeted resources is primarily due to the following: (1) an increase in mission-direct FTE to support new reactor licensing activities, the review of license renewal applications, an increased workload within the reactor decommissioning program; and (2) an increase in the fully-costed FTE rate compared to FY 2023 due to an increase in salaries and benefits to support Federal pay raises for NRC employees. In addition, the NRC anticipates an increase in mission-direct FTE to VerDate Sep<11>2014 16:27 Feb 16, 2024 approvals, special projects, inspections and import and export licenses,’’ and 170.31, ‘‘Schedule of fees for materials licenses and other regulatory services, including inspections, and import and export licenses.’’ 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 (IG)). The NRC then subtracts certain offsetting receipts and divides Jkt 262001 = $834.1 million 1,730.4 X 1,500 support the increase in licensing and decommissioning activities. This anticipated increase in the number of mission-direct FTE compared to FY 2023 partially offsets the proposed increase in the professional hourly rate caused by the overall estimated increase in budgeted resources. The professional hourly rate is inversely related to the mission-direct FTE amount; therefore, as the number of mission-direct FTE increase, the professional hourly rate may decrease. Based on the FY 2024 budget request, the number of missiondirect FTE is expected to increase by approximately 58, primarily to support the following: (1) the review of new reactor licensing activities, including the review of standard design approvals, pre-application activities, and construction permits; (2) licensing and PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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: = $321 oversight activities for the reactor decommissioning program, which includes both power and non-power reactors in various stages of decommissioning; (3) the review of licensing actions related to enrichment and manufacturing of high assay lowenrichment uranium (HALEU) fuel and accident tolerant fuel (ATF); and (4) the review of one new fuel facility license application (TRISO–X, LLC) and one new medical isotope facility (Niowave). The FY 2024 estimate for annual mission-direct FTE productive hours is 1,500 hours, which is a decrease from 1,551 hours in FY 2023. This estimate reflects the average number of hours that a mission-direct employee spends on mission-direct work annually. This estimate, therefore, excludes hours charged to annual leave, sick leave, E:\FR\FM\20FEP1.SGM 20FEP1 EP20FE24.000</GPH> FY 2024 Fee Collection—Professional Hourly Rate ddrumheller on DSK120RN23PROD with PROPOSALS1 FY 2024 Proposed rule 12762 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules holidays, training, and general administrative tasks. Table III shows the professional hourly rate calculation methodology. The FY 2023 amounts are provided for comparison purposes. TABLE III—PROFESSIONAL HOURLY RATE CALCULATION [Dollars in millions, except as noted] FY 2023 Final rule Mission-Direct Program Salaries & Benefits ......................................................................................................... Mission-Indirect Program Support ......................................................................................................................... Agency Support (Corporate Support and the IG) ................................................................................................. $359.2 $118.8 $299.5 $395.1 $120.2 $318.9 Subtotal ........................................................................................................................................................... Less Offsetting Receipts 1 ..................................................................................................................................... $777.5 $0.0 $834.1 $0.0 Total Budgeted Resources Included in Professional Hourly Rate ................................................................. Mission-Direct FTE ................................................................................................................................................ 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 Mission-Direct FTE Converted to Hours) (Whole Numbers) ................................................................................... $777.5 1,672.2 1,551 $834.1 1,730.4 1,500 2,593,582 2,595,600 $300 $321 FY 2024 Fee Collection—Flat Application Fee Changes The NRC proposes to amend the flat application fees it charges in its schedule of fees in § 170.31 to reflect the revised professional hourly rate of $321. 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 2024. 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 for the FY 2023 proposed fee rule and will perform this review again for the FY 2025 proposed fee rule. The higher professional hourly rate of $321 is the primary reason for the increase in flat application fees (see the work papers). ddrumheller on DSK120RN23PROD with PROPOSALS1 FY 2024 Proposed rule 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 VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 FY 2024 Fee Collection—Low-Level Waste Surcharge The NRC proposes to assess a generic low-level waste (LLW) surcharge of $3.820 million. Disposal of LLW occurs at commercially-operated LLW disposal facilities that are licensed by either the NRC or an Agreement State. Four existing LLW disposal facilities in the United States accept various types of LLW. All are located in Agreement States and, therefore, are regulated by an Agreement State, rather than the NRC. The NRC proposes to allocate this surcharge to its licensees based on data available in the U.S. Department of Energy’s (DOE) Manifest Information Management System. This database contains information on total LLW volumes disposed of by four generator classes: academic, industrial, medical, and utility. The ratio of waste volumes disposed of by these generator classes to total LLW volumes disposed over a period of time is used to estimate the portion of this surcharge that will be allocated to the power reactors, fuel facilities, and the materials users fee classes. The materials users fee class portion is adjusted to account for the large percentage of materials licensees that are licensed by the Agreement States rather than the NRC. Table IV shows the allocation of the LLW surcharge and its allocation across the various fee classes. when calculating the 10 CFR part 170 professional hourly rate, per the guidance in 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. 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 proposed 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 2024 final fee rule will be subject to the revised fees in the final rule. Since international activities are excluded from the fee recovery requirement, fees are not assessed for import and export licensing actions under 10 CFR parts 170 and 171. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 12763 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules TABLE IV—ALLOCATION OF LLW SURCHARGE, FY 2024 [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 ................................................................................................................................................. 86.9 0.0 0.0 10.4 2.7 0.0 0.0 0.0 3.320 0.000 0.000 0.397 0.103 0.000 0.000 0.000 Total ................................................................................................................................................................ 100.0 3.820 FY 2024 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 2024 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 FY 2024 budget request less the budget authority for excluded activities, the estimated amount to be recovered through 10 CFR part 170 fees, and the assumed utilization of $27.1 million in carryover to offset the Nuclear Reactor Safety budget. Table V shows the proposed rebaselined fees for FY 2024 for a sample of licensee categories. The FY 2023 amounts are provided for comparison purposes. TABLE V—REBASELINED ANNUAL FEES [Actual dollars] FY 2023 final annual fee Class/category of licenses Operating Power Reactors ...................................................................................................................... + Spent Fuel Storage/Reactor Decommissioning ................................................................................... $5,492,000 261,000 $5,488,000 330,000 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) ............................................................... 5,753,000 261,000 96,300 5,156,000 1,747,000 2,247,000 1,095,000 52,200 5,818,000 330,000 97,700 6,307,000 2,138,000 2,748,000 1,339,000 54,300 37,900 12,300 18,000 24,100 43,900 14,500 21,400 29,600 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 ddrumheller on DSK120RN23PROD with PROPOSALS1 FY 2024 proposed annual fee allocated to each class of licensees and the calculations of the rebaselined fees. For more information about detailed fee calculations for each class, please consult the accompanying work papers for this proposed rule. a. Operating Power Reactors The NRC proposes to collect $515.9 million in annual fees from the operating power reactors fee class in FY 2024, as shown in table VI. The FY 2023 operating power reactors fees are shown for comparison purposes. TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS [Dollars in millions] FY 2023 final rule Summary fee calculations FY 2024 proposed rule Total budgeted resources ...................................................................................................................................... Less estimated 10 CFR part 170 receipts ............................................................................................................ $665.3 ¥158.9 $675.1 ¥165.3 Net 10 CFR part 171 resources ..................................................................................................................... 506.4 509.9 VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 12764 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS—Continued [Dollars in millions] FY 2023 final rule ddrumheller on DSK120RN23PROD with PROPOSALS1 Summary fee calculations FY 2024 proposed rule Allocated generic transportation ............................................................................................................................ Allocated LLW surcharge ...................................................................................................................................... Billing adjustment ................................................................................................................................................... 0.5 3.5 0.3 0.6 3.3 2.1 Total required annual fee recovery ................................................................................................................ Total operating reactors ................................................................................................................................. Annual fee per operating reactor ........................................................................................................................... 510.7 93 $5.492 515.9 94 $5.488 In comparison to FY 2023, the FY 2024 proposed annual fee for the operating power reactors fee class is decreasing primarily due to the following: (1) an anticipated increase in 10 CFR part 170 estimated billings; (2) an increase in the total number of operating power reactors from 93 to 94; and (3) the assumed utilization of $27.1 million in carryover to offset the Nuclear Reactor Safety budget. As discussed further below, the assumed utilization of carryover mitigates the proposed increase in the budgeted resources for the operating power reactors fee class.2 The decrease in the proposed annual fee for the operating power reactors fee class is partially offset due to the following: (1) an increase in the budgeted resources; and (2) an increase in the 10 CFR part 171 billing adjustment. The 10 CFR part 170 estimated billings increased primarily due to the following: (1) an anticipated increase in hours associated with the review of an increasing number of license renewal applications; and (2) an anticipated increase in new reactor licensing activities, including the review of standard design approvals, preapplication activities, and construction permits. This estimated increase is partially offset by an expected decline in the submission of topical reports. As explained above, because the NRC’s fee recovery under 10 CFR part 170 will not equal approximately 100 percent of the agency’s budget authority for the fiscal year, the NRC also assesses 10 CFR part 171 annual fees. Estimated 10 CFR part 170 billings, therefore, are inversely related to the projected annual fee for a fee class. The more the NRC estimates to collect in 10 CFR part 170 billings, 2 As explained above, the NRC is issuing this FY 2024 proposed fee rule based on the FY 2024 budget request because a full-year appropriation has not yet been enacted for FY 2024. If the enacted budget authority for FY 2024 does not include the assumed utilization of $27.1 million in carryover to offset the Nuclear Reactor Safety budget, it is likely that the annual fee for the operating power reactors fee class could increase. VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 the less it estimates to collect in annual fees. The increase in the budgeted resources for the operating power reactors fee class is primarily due to the following: (1) an increase to support new reactor licensing activities, including the review of standard design approvals, pre-application activities, and construction permits; (2) an increase to support the review of license renewal applications; and (3) an increase in the fully-costed FTE rate compared to FY 2023 due to an increase in salaries and benefits. However, the effect of the increase on the proposed annual fee for the operating power reactors fee class is offset primarily due to the assumed use of $27.1 million in carryover to offset the Nuclear Reactor Safety budget as described in the FY 2024 budget request. The increase in budgeted resources is also mitigated by the following: (1) an expected decline in topical report submissions, guidance development, and process improvement activities; (2) a reduction in construction inspection activities due to the transition of the Vogtle Electric Generating Plant (Vogtle Unit 3) and the expected transition of Vogtle Unit 4 from construction into operation; and (3) a reduction in rulemaking activities. The proposed annual fee is also affected by: (1) an increase in the 10 CFR part 171 billing adjustment due to the timing of invoices issued in FY 2023; and (2) an increase in the generic transportation surcharge due to an increase in the overall budgeted resources for certificates of compliance (CoCs) for the operating power reactors fee class. The proposed fee-recoverable budgeted resources are divided equally among the 94 licensed operating power reactors, an increase of one operating power reactor compared to FY 2023 due the proposed assessment of annual fees for Vogtle Unit 4, resulting in a proposed annual fee of $5,488,000 per operating power reactor. Additionally, the NRC estimates that each licensed operating power reactor will be assessed PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 the FY 2024 spent fuel storage/reactor decommissioning proposed annual fee of $330,000 (see Table VII and the discussion that follows). The NRC estimates that the combined FY 2024 proposed annual fee for each operating power reactor will be $5,818,000. Section 102(b)(3)(B)(i) of NEIMA established a 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 fee class annual fee in Appendix C, ‘‘Estimated Operating Power Reactors Annual Fee,’’ of the FY 2024 CBJ to increase transparency for stakeholders. The NRC developed this estimate based on the staff’s allocation of the FY 2024 CBJ to fee classes under 10 CFR part 170, and allocations within the operating power reactors fee class under 10 CFR part 171. The fee estimate included in the FY 2024 CBJ assumed 94 operating power reactors in FY 2024 and applied various data assumptions from the FY 2022 final fee rule. Based on these allocations and assumptions, the operating power reactors fee class annual fee included in the FY 2024 CBJ was estimated to be $5.3 million, approximately $0.6 million below the FY 2015 operating power reactors annual fee amount adjusted for inflation of $5.9 million. Although this proposed rule is based on the FY 2024 budget request, the assumptions made between budget formulation and the development of this proposed rule have changed such that the proposed annual fee for the operating power reactor fee class is $5.488, compared to the estimated $5.3 million in the CBJ. However, the FY 2024 proposed annual fee of $5,488,000 remains below the FY 2015 operating power reactors fee class annual fee amount, as adjusted for inflation. E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules In FY 2016, the NRC amended 10 CFR 171.15 to establish a variable annual fee structure for light-water reactor (LWR) small modular reactors (SMRs) (81 FR 32617; May 24, 2016). In FY 2023, the NRC further amended § 171.5 to: (1) expand the applicability of the SMR variable fee structure to include nonLWR SMRs; and (2) establish an additional minimum fee and variable rate applicable to SMRs with a licensed thermal power rating of less than or equal to 250 megawatts-thermal (MWt) (88 FR 39120; June 15, 2023). This revision to the SMR variable annual fee structure retained the bundled unit concept for SMRs and the approach for calculating fees for reactors, or bundled units, with licensed thermal power ratings greater than 250 MWt. Currently, there are no operating SMRs; therefore, the NRC will not assess an annual fee in FY 2024 for this type of licensee. b. Spent Fuel Storage/Reactor Decommissioning The NRC proposes to collect $41.0 million in annual fees from 10 CFR part 12765 50 and 10 CFR part 52 power reactor licensees, and from 10 CFR part 72 licensees that do not hold a 10 CFR part 50 license or a 10 CFR part 52 combined license, to recover the budgeted resources for the spent fuel storage/ reactor decommissioning fee class in FY 2024, as shown in table VII. The FY 2023 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 2023 final rule Summary fee calculations FY 2024 proposed rule Total budgeted resources ...................................................................................................................................... Less estimated 10 CFR part 170 receipts ............................................................................................................ $42.9 ¥12.4 $51.0 ¥12.2 Net 10 CFR part 171 resources ..................................................................................................................... Allocated generic transportation costs .................................................................................................................. Billing adjustments ................................................................................................................................................. 30.5 1.6 0.0 38.8 2.0 0.2 Total required annual fee recovery ................................................................................................................ Total spent fuel storage facilities .................................................................................................................... Annual fee per facility ............................................................................................................................................ 32.1 123 $0.261 41.0 124 $0.330 In comparison to FY 2023, the FY 2024 proposed annual fee for the spent fuel storage/reactor decommissioning fee class is increasing primarily due to a rise in the budgeted resources and an expected decrease in 10 CFR part 170 estimated billings. The proposed annual fee is partially offset by an increase in the number of licensees increasing from 123 to 124. The budgeted resources increased primarily to support the following: (1) an increase in FTEs to support licensing and oversight activities for the reactor decommissioning program, which includes both power and non-power reactors in various stages of decommissioning; and (2) an increase in the fully-costed FTE rate compared to FY 2023 due to an increase in salaries and benefits. The proposed annual fee is also increasing due to the expected decrease in the 10 CFR part 170 estimated billings, which in turn is primarily due to the following: (1) the completion of the safety and environmental review of the Holtec HI–STORE consolidated interim storage facility application; (2) the termination of the license for the La Crosse Boiling Water Reactor; and (3) a decrease in decommissioning licensing and inspection activities at multiple sites. This decrease is expected to be partially offset by the following: (1) an increase in hours to support the staff’s review of a new fuel storage system; and (2) an increase to support the staff’s review of applications for renewals, amendments, exemptions, and inspections for independent spent fuel storage installation and dry cask storage CoCs at multiple sites. The proposed increase in the annual fee is also affected by these contributing factors: (1) an increase in the generic transportation surcharge due to an increase in the generic transportation budgeted resources for the spent fuel storage/reactor decommissioning fee class; and (2) an increase in the 10 CFR part 171 billing adjustment due to the timing of invoices in FY 2023. The required annual fee recovery amount is divided equally among 124 licensees, an increase of one licensee compared to FY 2023 due to the proposed assessment of annual fees for Vogtle Unit 4, resulting in a proposed FY 2024 annual fee of $330,000 per licensee. c. Fuel Facilities The NRC proposes to collect $24.9 million in annual fees from the fuel facilities fee class in FY 2024, as shown in table VIII. The FY 2023 fuel facilities fees are shown for comparison purposes. TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES ddrumheller on DSK120RN23PROD with PROPOSALS1 [Dollars in millions] FY 2023 final rule Summary fee calculations FY 2024 proposed rule Total budgeted resources ...................................................................................................................................... Less estimated 10 CFR part 170 receipts ............................................................................................................ $26.6 ¥9.2 $32.4 ¥10.5 Net 10 CFR part 171 resources ..................................................................................................................... Allocated generic transportation ............................................................................................................................ Allocated LLW surcharge ...................................................................................................................................... 17.4 1.9 0.4 21.9 2.5 0.4 VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 12766 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES—Continued [Dollars in millions] FY 2023 final rule Summary fee calculations FY 2024 proposed rule Billing adjustments ................................................................................................................................................. 0.0 0.1 Total remaining required annual fee recovery ............................................................................................... $19.7 $24.9 In comparison to FY 2023, the FY 2024 proposed annual fee for the fuel facilities fee class is increasing primarily due to a rise in budgeted resources. This is partially offset by an expected increase in 10 CFR part 170 estimated billings. As explained above, because the NRC’s fee recovery under 10 CFR part 170 will not equal approximately 100 percent of the agency’s budget authority for the fiscal year (less the budget authority for excluded activities), the NRC also assesses 10 CFR part 171 annual fees. Estimated 10 CFR part 170 billings, therefore, are inversely related to the proposed annual fee for a fee class. The more the NRC estimates to collect in 10 CFR part 170 billings, the less it estimates to collect in annual fees. While the NRC anticipates an increase in 10 CFR part 170 estimated billings, this anticipated increase was not enough to offset the overall increase in budgetary resources in the FY 2024 budget request. In the FY 2024 budget request, which this proposed rule is based on, the budgeted resources increased primarily to support the following: (1) the review of licensing actions related to enrichment and manufacturing of HALEU fuel and ATF; (2) the review of two fuel facility license applications; (3) the development and maintenance of licensing guidance; (4) emergency preparedness and physical security reviews for license amendments and renewals; (5) programmatic oversight activities in support for Category II fuel facilities and an anticipated new fuel facility; (6) associated fuel facilities rulemaking activities; and (7) an increase in the fully-costed FTE rate compared to FY 2023 due to an increase in salaries and benefits. The increase in budgetary resources is partially offset due to a decline in IT services. The proposed increase in the annual fee is also affected by these contributing factors: (1) a rise in the generic transportation surcharge due to a new CoC within the fuel facilities fee class; and (2) a surcharge in the 10 CFR part 171 billing adjustment due to the timing of invoices in FY 2023. The proposed annual fee is partially offset by an anticipated increase in the 10 CFR part 170 estimated billings. The 10 CFR part 170 estimated billings are expected to increase primarily due to the following: (1) the continued review of the TRISO–X, LLC, fuel fabrication facility application; (2) the review of anticipated license amendment requests; and (3) the review of the National Institute of Standards and Technology’s license renewal application for possession and use of its special nuclear material. Yet, this increase is offset by the following: (1) the completion of the review of Westinghouse Electric Company, LLC’s license transfer application; (2) the near completion of the review of the Global Nuclear Fuel Americas, LLC, amendment for an increase in enrichment activities up to 8 weight percent uranium-235; (3) the delay of the submittal of Global Nuclear Fuel Americas, LLC, amendment for an increase in enrichment activities up to 20 weight percent uranium-235; and (4) the delay of a new fuel facility 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 31448; 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. NRC authorized the Centrus American Centrifuge Plant to begin its HALEU demonstration program operations at the Category II level on September 21, 2023. In the FY 2024 proposed fee rule, this change in operations caused the safeguard effort factors for ‘‘scrap/ waste’’ to increase from 0 (no effort) to 1 (low effort), ‘‘enrichment’’ to increase from 5 (moderate effort) to 10 (high effort) and ‘‘sensitive information’’ to increase from 5 (moderate effort) to 10 (high effort), resulting in an increase of the safeguards efforts factors from 11 to 22 compared to the FY 2023 final fee rule. TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2024 ddrumheller on DSK120RN23PROD with PROPOSALS1 Facility type (fee category) Effort factors Number of facilities Safety Safeguards 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)) ....................................................................... 2 3 1 0 0 1 1 88 70 3 0 0 16 12 91 21 22 0 0 23 7 Total ...................................................................................................................................... 8 189 164 VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 12767 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules In FY 2024, the total remaining amount of the proposed annual fees that the NRC estimates to be recovered, $24.9 million, is attributable to safety activities, safeguards activities, and the LLW surcharge. For FY 2024, the total budgeted resources proposed to be recovered as annual fees for safety activities are approximately $13.1 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 that the NRC estimates to be recovered as annual fees for safeguards activities, $11.4 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 estimated 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] Facility type (fee category) FY 2023 final annual fee 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)) .......................................................................................... d. Uranium Recovery Facilities The NRC proposes to collect $0.3 million in annual fees from the uranium recovery facilities fee class in FY 2024, as shown in table XI. The FY 2023 FY 2024 proposed annual fee $5,156,000 1,747,000 807,000 N/A N/A 2,247,000 1,095,000 $6,307,000 2,138,000 1,762,000 N/A N/A 2,748,000 1,339,000 uranium recovery facilities fees are shown for comparison purposes. TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES [Dollars in millions] FY 2023 final rule Summary fee calculations Total budgeted resources ...................................................................................................................................... Less estimated 10 CFR part 170 receipts ............................................................................................................ $0.5 ¥0.3 $0.7 ¥0.4 Net 10 CFR part 171 resources ..................................................................................................................... Allocated generic transportation ............................................................................................................................ Billing adjustments ................................................................................................................................................. 0.2 N/A 0.0 0.3 N/A 0.0 Total required annual fee recovery ................................................................................................................ $0.2 $0.3 In comparison to FY 2023, the FY 2024 proposed annual fee for the nonDOE licensee in the uranium recovery facilities fee class is increasing primarily due to a rise in budgeted resources attributed to licensing reviews associated with one licensed uranium recovery facility and two licensed, but not yet constructed, uranium recovery facilities. ddrumheller on DSK120RN23PROD with PROPOSALS1 FY 2024 proposed rule 3 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 17:05 Feb 16, 2024 Jkt 262001 The NRC regulates DOE’s Title I and Title II activities under the Uranium Mill Tailings Radiation Control Act (UMTRCA).3 The proposed annual fee assessed to DOE includes the resources specifically budgeted for the NRC’s UMTRCA Title I and Title 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 42612; June 24, 2002), and the NRC continues to use this methodology. DOE’s UMTRCA proposed annual fee is increasing compared to FY 2023 primarily due to a rise in budgeted resources needed to conduct generic work that the staff will be performing to resolve the following: (1) issues PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 associated with abandoned uranium mine waste cleanups and the potential waste disposal on or near uranium mill tailings sites including existing DOE sites under NRC oversight; (2) coordination on license termination strategies for sites; and (3) performance issues relating to existing cover systems at mill tailings sites. The proposed annual fee is partially offset by a rise 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. E:\FR\FM\20FEP1.SGM 20FEP1 12768 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules TABLE XII—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FACILITIES FEE CLASS [Actual dollars] FY 2023 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 ..................................................................... FY 2024 proposed annual fee $142,181 5,798 N/A $264,606 6,028 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 ..................................................................... 148,000 271,000 52,185 N/A 54,255 N/A Total Annual Fee Amount for Other Uranium Recovery Licensees ......................................... 52,185 54,255 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 ISR facility. table XIII displays the benefit factors for the non-DOE licensee in that fee category. TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES, 2024 Number of licensees Fee category Benefit factor per licensee Total value Benefit factor percent total Conventional and Heap Leach mills (2.A.(2)(a)) ............................................. Basic In Situ Recovery facilities (2.A.(2)(b)) .................................................... Expanded In Situ Recovery facilities (2.A.(2)(c)) ............................................ Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ............. 0 1 0 0 ........................ 190 ........................ ........................ ........................ 190 ........................ ........................ 0 100 0 0 Total .......................................................................................................... 1 190 190 100 The FY 2024 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] Facility type (fee category) FY 2023 final annual fee ddrumheller on DSK120RN23PROD with PROPOSALS1 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 $0.293 million in annual fees from the non- VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 power production or utilization facilities fee class in FY 2024, as shown in table XV. The FY 2023 non-power PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 N/A $52,200 N/A N/A FY 2024 proposed annual fee N/A $54,300 N/A N/A production or utilization facilities fees are shown for comparison purposes. E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12769 TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR NON-POWER PRODUCTION OR UTILIZATION FACILITIES [Dollars in millions] FY 2023 final rule Summary fee calculations FY 2024 proposed rule Total budgeted resources ...................................................................................................................................... Less estimated 10 CFR part 170 receipts ............................................................................................................ $5.115 ¥4.869 $4.876 ¥4.648 Net 10 CFR part 171 resources ..................................................................................................................... Allocated generic transportation ............................................................................................................................ Billing adjustments ................................................................................................................................................. 0.246 0.040 0.003 0.228 0.050 0.015 Total required annual fee recovery ................................................................................................................ Total non-power production or utilization facilities licenses ........................................................................... 0.289 3 0.293 3 Total annual fee per license (rounded) ................................................................................................... $0.0963 $0.0977 In comparison to FY 2023, the FY 2024 proposed annual fee for the nonpower production or utilization facilities fee class is increasing, as discussed in the following paragraphs. In FY 2024, the budgeted resources decreased primarily due to a reduction in medical radioisotope production facilities workload primarily due to a delay with the SHINE Technologies LLC’s (SHINE) operating license application for a medical radioisotope production facility and a delay in the construction schedule. The offset to the decline in budgetary resources is the rise in the fully-costed FTE rate compared to FY 2023 due to an increase in salaries and benefits. 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 have declined compared to FY 2023 due to a reduction in workload for license amendment activities associated with the anticipated shutdown of the General Electric Hitachi Vallecitos Nuclear Center in FY 2024. The 10 CFR part 170 estimated billings with respect to medical radioisotope production facilities and advanced research and test reactors have declined when compared with FY 2023 primarily due to the following: (1) a reduction in staff hours due to the delay with SHINE’s operating license application and a delay in the construction schedule; and (2) the completion of the staff’s safety review of the Kairos Power, LLC’s (Kairos) application for a permit to construct the Hermes 1 test reactor. This decline in 10 CFR part 170 estimated billings is offset due to the following: (1) the staff’s review of the Kairos Hermes 2 application for a permit to construct two test reactors; and (2) conducting preapplication meetings due to the anticipated submission of several license applications. Furthermore, the proposed increase in the annual fee is also affected by these contributing factors: (1) an increase in the 10 CFR part 171 billing adjustment due to the timing of invoices in FY 2023; and (2) an increase in the generic transportation surcharge due to an increase in the generic transportation budgeted resources for the non-power production or utilization facilities fee class. 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 2024 proposed annual fee of $97,700 for each licensee. f. Rare Earth In FY 2024, the NRC has allocated approximately $0.2 million in budgeted resources to this fee class; however, because all the budgeted 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 2024 for this fee class. g. Materials Users The NRC proposes to collect $46.2 million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70 in FY 2023, as shown in table XVI. The FY 2023 materials users fees are shown for comparison purposes. TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS [Dollars in millions] FY 2023 final rule ddrumheller on DSK120RN23PROD with PROPOSALS1 Summary fee calculations FY 2024 proposed rule Total budgeted resources for licensees not regulated by Agreement States ....................................................... Less estimated 10 CFR part 170 receipts ............................................................................................................ $38.7 ¥1.2 $44.3 ¥0.8 Net 10 CFR part 171 resources ..................................................................................................................... Allocated generic transportation ............................................................................................................................ LLW surcharge ...................................................................................................................................................... Billing adjustments ................................................................................................................................................. 37.5 2.0 0.1 0.0 43.5 2.5 0.1 0.1 Total required annual fee recovery ................................................................................................................ $39.7 $46.2 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, VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 the calculation results in a single annual fee that includes 10 CFR part 170 costs, such as amendments, renewals, PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 inspections, and other licensing actions specific to individual fee categories. The total annual fee recovery of $46.2 million for FY 2024 shown in table XVI E:\FR\FM\20FEP1.SGM 20FEP1 12770 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules consists of $36.4 million for general costs, $9.7 million for inspection costs, and $0.1 million for LLW costs. To equitably and fairly allocate the $46.2 million required to be collected among approximately 2,400 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 is the methodology 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 2023, the FY 2024 proposed annual fees are increasing for all fee categories within the materials users fee class, of which 25 fee categories are increasing by approximately 14 percent to 16 percent, and 27 fee categories are increasing by approximately 17 percent to 25 percent primarily due to an increase in the budgeted resources. The budgeted resources increased due to the following: (1) an increase in licensing and oversight workload, including the expected reviews of exempt distribution and sealed source device applications, updating licensing guidance, and the development of a regulatory guide on veterinary issues; (2) hiring actions to double encumber and train health physics staff to ensure an appropriate pipeline and knowledge management for future agency mission related activities; (3) support for rulemaking activities; (4) support for materials research activities; and (5) an increase in the fully-costed FTE rate compared to FY 2023 due to an increase in salaries and benefits. In addition, the FY 2024 proposed annual fees are increasing due to the following: (1) an increase in generic transportation costs for materials users; (2) a decrease in the 10 CFR part 170 estimated billings for new licensing applications; (3) a decrease of 53 materials users licensees from FY 2023; and (4) an increase in the 10 CFR part 171 billing adjustment due to the timing of invoices issued in FY 2023. A constant multiplier is established to recover the total general costs (including allocated generic transportation costs) of $36.4 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 1.26 for FY 2024. The average inspection cost is the average inspection hours for each fee category multiplied by the professional hourly rate of $321. The inspection priority is the interval between routine inspections, expressed in years. The inspection multiplier is established to recover the $9.7 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 1.72 for FY 2024. 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 $0.1 million in LLW surcharge costs allocated to the materials users fee class (see Table IV, ‘‘Allocation of LLW Surcharge, FY 2024,’’ 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 $2.2 million in annual fees to recover generic transportation budgeted resources in FY 2024, as shown in table XVII. The FY 2023 fees are shown for comparison purposes. TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION [Dollars in millions] FY 2023 final rule ddrumheller on DSK120RN23PROD with PROPOSALS1 Summary fee calculations FY 2024 proposed rule Total budgeted resources ...................................................................................................................................... Less estimated 10 CFR part 170 receipts ............................................................................................................ $11.1 ¥3.4 $13.2 ¥3.5 Net 10 CFR part 171 resources ..................................................................................................................... Less generic transportation resources .................................................................................................................. Billing adjustments ................................................................................................................................................. 7.7 ¥6.0 0.0 9.7 ¥7.5 0.0 Total required annual fee recovery ................................................................................................................ $1.7 $2.2 In comparison to FY 2023, the FY 2024 proposed annual fee for the transportation fee class is increasing primarily due to an increase in the budgeted resources. This increase is partially offset by: (1) a rise in the distribution of the generic transportation resources allocated to other fee classes; and (2) an increase in the 10 CFR part 170 estimated billings. In FY 2024, the budgeted resources increased primarily to support: (1) environmental reviews and licensing of transportation packages for ATF, the VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 anticipated licensing review of one transportable microreactor application, other advanced reactors fuels, and microreactors; (2) rulemaking activities; and (3) a rise in the fully-costed FTE rate compared to FY 2023 due to an increase in salaries and benefits. The increase in the proposed annual fee is partially offset by a rise in the distribution of generic transportation resources allocated to respective other fee classes resulting from additional number of CoCs for 2024. Furthermore, the proposed annual fee is also partially offset by an increase in PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 the 10 CFR part 170 estimated billings related to the review of new and amended packages. Consistent with the policy established in the NRC’s FY 2006 final fee rule (71 FR 30722; 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 E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 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 30 operating non-power production or utilization facilities licensees are subject to annual fees. Consequently, the number of CoCs 12771 used to determine the proportion of generic transportation resources allocated to annual fees for the nonpower 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 2024 [Dollars in millions] Number of CoCs benefiting fee class or DOE Licensee fee class/DOE Allocated generic transportation resources Materials Users .................................................................................................................... Operating Power Reactors .................................................................................................. Spent Fuel Storage/Reactor Decommissioning .................................................................. Non-Power Production or Utilization Facilities .................................................................... Fuel Facilities ....................................................................................................................... Subtotal of Generic Transportation Resources ................................................................... DOE ..................................................................................................................................... 24.0 6.0 19.0 0.5 24.0 73.5 21.0 25.4 6.4 20.1 0.5 25.4 77.8 22.2 $2.5 0.6 1.9 0.0 2.5 7.5 2.2 Total .............................................................................................................................. 94.5 100.0 9.7 The NRC assesses an annual fee to DOE based on the 10 CFR part 71 CoCs it holds. The NRC, therefore, does not allocate these DOE-related resources to other licensees’ annual fees because these resources specifically support DOE. FY 2024—Policy Change The NRC is not proposing any policy changes for FY 2024. FY 2024—Administrative Changes ddrumheller on DSK120RN23PROD with PROPOSALS1 Percentage of total CoCs The NRC is proposing 11 administrative changes in FY 2024: 1. Amend §§ 2.205(i), 15.35(c), 37.27(c)(2), 73.17(m)(1), 73.57(d)(3)(i), 110.64(e), 140.7(d), 170.12(f), and 171.19(a) by clarifying payment methods. The NRC proposes to amend §§ 2.205(i), 15.35(c), 37.27(c)(2), 73.17(m)(1), 73.57(d)(3)(i), 110.64(e), 140.7(d), 170.12(f), and 171.19(a) to align with the U.S. Department of the Treasury’s (Treasury) ‘‘No-Cash NoCheck’’ policy. The Treasury encourages Federal agencies to use the most efficient, cost-effective, and best-suited collection and payment solutions. The Treasury’s Bureau of the Fiscal Service provides central collection and payment services to agencies to maintain the financial integrity and operational efficiency of the Federal Government. The Treasury’s Bureau of the Fiscal Service notified the NRC that the agency is expected to transition from paperbased collections to one or more offered electronic methods by September 30, 2024. VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 The ‘‘No-Cash No-Check’’ policy will improve timeliness of collections, thereby reducing interest/penalty/ administrative fees associated with late payments, and reduce resources associated with processing paper checks. The available electronic payment options will enhance processing speed and accuracy, and adopting this policy will make consumer and business payments and remittances to agencies easier and more efficient. Accordingly, the NRC is proposing to amend §§ 2.205(i), 15.35(c), 37.27(c)(2), 73.17(m)(1), 73.57(d)(3)(i), 110.64(e), 140.7(d), 170.12(f), and 171.19(a) to revise available payment methods to remove paper forms of payment and provide that payments are to be made electronically using the methods accepted at www.Pay.gov. 2. Amend table 1 in § 170.31 to add language to 7.A, 7.A.1, 7.A.2, 7.C, 7.C.1, and 7.C.2 for clarity. The NRC proposes to amend table 1 in § 170.31add language to 7.A., 7.A.1, 7.A.2, 7.C, 7.C.1, and 7.C.2, to clarify with respect to 10 CFR part 170 fees that these categories also include the possession and use of source material for shielding when authorized on the same license. 3. Revise footnote 17 to table 2 in § 171.16(d) for clarity. The NRC proposes to revise footnote 17 in table 2 paragraph (d) in § 171.16 to clarify that with respect to annual fees, medical licensees paying fees under 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) are not PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 subject to fees under 2.B. for possession and shielding authorized on the same license. 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 2024 less the budget authority for excluded activities. The NRC established fee methodology guidelines for 10 CFR part 170 in 1978 and established additional fee methodology guidelines for 10 CFR part 171 in 1986. In subsequent rulemakings, the NRC has adjusted its fees without changing the underlying principles of its fee policy to ensure that the NRC continues to comply with the statutory requirements for cost recovery. In this proposed rule, the NRC continues this longstanding approach. Therefore, the NRC did not identify any alternatives to the current fee structure guidelines and did not prepare a regulatory analysis for this proposed rule. 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, Public Law 104– 121, Title II, 110 Stat. 847 (1996). E:\FR\FM\20FEP1.SGM 20FEP1 12772 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules VI. Backfitting and Issue Finality The NRC’s backfitting provisions (which are found in the regulations at §§ 50.109, 70.76, 72.62, and 76.76) and issue finality provisions of 10 CFR part 52 do not apply to this proposed rule 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. As a result, this proposed rule does not constitute ‘‘backfitting’’ as defined in 10 CFR Ch. I or otherwise affect the issue finality of a 10 CFR part 52 approval. IX. Paperwork Reduction Act XI. Availability of Guidance This proposed rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). Existing collections of information were approved by the Office of Management and Budget, approval number 3150–0190. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC wrote this document to be consistent with the Plain Writing Act, as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31885). The NRC requests comment on this document with respect to the clarity and effectiveness of the language used. X. Voluntary Consensus Standards 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 2023 fee rule. The compliance guide was developed when the NRC completed the small entity biennial review for FY 2023. The NRC plans to continue to use this compliance guide for FY 2024 and has relabeled the compliance guide to reflect the current FY. This compliance guide is available as indicated in the ‘‘Availability of Documents’’ section of this document. 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. 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. 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 2024 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. Documents The NRC will conduct a public meeting to describe the FY 2024 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. ADAMS accession No./FR citation/web link NUREG–1100, Volume 39, ‘‘Congressional Budget Justification: Fiscal Year 2024’’ (March 2023). FY 2024 Proposed Rule Work Papers ............................................................................................ OMB Circular A–25, ‘‘User Charges’’ .............................................................................................. ddrumheller on DSK120RN23PROD with PROPOSALS1 XII. Public Meeting ML23069A000. 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; Fee Recovery for FY 2023,’’ dated June 15, 2023 ......................... ‘‘Revision of Fee Schedules; 100% Fee Recovery for 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 .......................... FY 2024 Regulatory Flexibility Analysis .......................................................................................... FY 2024 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide .......................... ‘‘Plain Language in Government Writing,’’ dated June 10, 1998 ................................................... ML24030A760. https://www.whitehouse.gov/wp-content/ uploads/2017/11/Circular-025.pdf. ML052580332. 80 FR 37432. 81 FR 32617. 88 FR 39120. 64 FR 31448. 67 FR 42612. 71 FR 30722. ML23342A126. ML23342A134. 63 FR 31885. List of Subjects 10 CFR Part 15 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Confidential business information, Freedom of information, Environmental VerDate Sep<11>2014 16:27 Feb 16, 2024 Jkt 262001 protection, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Administrative practice and procedure, Claims, Debt collection. 10 CFR Part 37 Byproduct material, Criminal penalties, Exports, Hazardous materials E:\FR\FM\20FEP1.SGM 20FEP1 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under 28 U.S.C. 2461 note. transportation, Imports, Licensed material, Nuclear materials, Penalties, Radioactive materials, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 73 Criminal penalties, Exports, Hazardous materials transportation, Imports, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Security measures. 2. In § 2.205, revise paragraph (i) to read as follows. ■ § 2.205 * * * * (i) Except when payment is made after compromise or mitigation by the Department of Justice or as ordered by a court of the United States, following reference of the matter to the Attorney General for collection, payment of civil penalties imposed under section 234 of the Act are to be made payable to the U.S. Nuclear Regulatory Commission, in U.S. funds. The payments are to be made by electronic fund transfer using the electronic payment methods accepted at www.Pay.gov. Federal agencies may also make payments by Intra-Governmental Payment and Collection (IPAC). All payments are to be made in accordance with the specific payment instructions provided with Notices of Violation that propose civil penalties and Orders Imposing Civil Monetary Penalties. * * * * * 10 CFR Part 110 Administrative practice and procedure, Classified information, Criminal penalties, Exports, Intergovernmental relations, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Scientific equipment. 10 CFR Part 140 Insurance, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements. 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. PART 15—DEBT COLLECTION PROCEDURES ddrumheller on DSK120RN23PROD with PROPOSALS1 PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 2 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 16:27 Feb 16, 2024 Jkt 262001 3. The authority citation for part 15 continues to read as follows: ■ 10 CFR Part 171 Annual charges, Approvals, Byproduct material, Holders of certificates, Intergovernmental relations, Nonpayment penalties, Nuclear materials, Nuclear power plants and reactors, Registrations, Source material, Special nuclear material. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing the following amendments to 10 CFR parts 2, 15, 37, 73, 110, 140, 170 and 171: VerDate Sep<11>2014 Civil Penalties. * Authority: Atomic Energy Act of 1954, secs. 161, 186 (42 U.S.C. 2201, 2236); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 3701, 3713, 3716, 3719, 3720A; 42 U.S.C. 664; 44 U.S.C. 3504 note; 31 CFR parts 900 through 904; 31 CFR part 285; E.O. 12146, 44 FR 42657, 3 CFR, 1979 Comp., p. 409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 Comp., p. 157. 4. In § 15.35, revise paragraph (c) introductory text to read as follows: ■ § 15.35 * * * * (c) To whom payment is made. Payment of a debt is to be made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. Federal agencies may also make payment by Intra Governmental Payment and Collection (IPAC). Payments should be made to the U.S. Nuclear Regulatory Commission unless payment is— * * * * * Frm 00016 Fmt 4702 PART 37—PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL 5. The authority citation for part 37 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 11, 53, 81, 103, 104, 147, 148, 149, 161, 182, 183, 223, 234, 274 (42 U.S.C. 2014, 2073, 2111, 2133, 2134, 2167, 2168, 2169, 2201, 2232, 2233, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note. 6. In § 37.27, revise paragraph (c)(2) to read as follows: ■ § 37.27 Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material. * * * * * (c) * * * (2) Fees for the processing of fingerprint checks are due upon application. Licensees shall submit payment made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. For guidance on making electronic payments, contact the Division of Physical and Cyber Security Policy by emailing Crimhist. Resource@nrc.gov. Combined payment for multiple applications is acceptable. The Commission publishes the amount of the fingerprint check application fee on the NRC’s public website. (To find the current fee amount, go to the Licensee Criminal History Records Checks & Firearms Background Check information page at https:// www.nrc.gov/security/chp.html and see the link for How do I determine how much to pay for the request?) * * * * * PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 7. The authority citation for part 73 continues to read as follows: ■ Payments. * PO 00000 12773 Sfmt 4702 Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 161A, 170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 2167, 2169, 2201, 2201a, 2210d, 2210e, 2210h, 2210i, 2273, 2278a, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note. Section 73.37(b)(2) also issued under Sec. 301, Public Law 96–295, 94 Stat. 789 (42 U.S.C. 5841 note). 8. In § 73.17, revise paragraph (m)(1) to read as follows: ■ E:\FR\FM\20FEP1.SGM 20FEP1 12774 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules § 73.17 Firearms background checks for armed security personnel. * * * * * (m) * * * (1) Fees for the processing of firearms background checks are due upon application. The fee for the processing of a firearms background check consists of a fingerprint fee and a NICS check fee. Licensees must submit payment with the application for the processing of fingerprints, and payment must be made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. Licensees can find fee information for firearms background checks on the NRC’s public website at https://www.nrc.gov/security/chp.html. * * * * * ■ 9. In § 73.57, revise paragraph (d)(3)(i) to read as follows: § 73.57 Requirements for criminal history records checks of individuals granted unescorted access to a nuclear power facility, a non-power reactor, or access to Safeguards Information. * * * * * (d) * * * (3) * * * (i) Fees for the processing of fingerprint checks are due upon application. Licensees shall submit payment with the application for the processing of fingerprints, and payment must be made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. (For guidance on making payments, contact the Criminal history Program, Division of Physical and Cyber Security Policy at 301–415–7513). Combined payment for multiple applications is acceptable. * * * * * PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 10. The authority citation for part 110 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126, 127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187, 189, 223, 234 (42 U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 2093, 2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 2231, 2232, 2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); Administrative Procedure Act (5 U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note. Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C. 2401 et seq. 11. In § 110.64, revise paragraph (e) to read as follows: ■ § 110.64 PART 170—FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED 14. 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. * Civil penalty. * * * * * (e) Except when the matter has been referred to the Attorney General for collection, payment of penalties shall be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. * * * * * PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS 12. The authority citation for part 140 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234 (42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note. 13. In § 140.7, revise paragraph (d) to read as follows: ■ § 140.7 be obtained by contacting the Office of the Chief Financial Officer at 301–415– 7554. Fees. * * * * 15. In § 170.12, revise paragraph (f) to read as follows: ■ § 170.12 Payment of Fees. * * * * * (f) Method of payment. All fee payments under this part are to be made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. Specific instructions for making 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 [Amended] 16. In § 170.20, remove the dollar amount ‘‘$300’’ and add in its place the dollar amount ‘‘$321’’. ■ 17. In § 170.31, revise table 1 to read as follows: ■ * * * * * (d) Indemnity fee payments are to made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. Federal agencies may also make payments by Intra-Governmental Payment and Collection (IPAC). Specific instructions for making payments may § 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] ddrumheller on DSK120RN23PROD with PROPOSALS1 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, 21131, 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]. VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 Full Cost. Full Cost. Full Full Full Full Cost. Cost. Cost. Cost. 12775 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] ddrumheller on DSK120RN23PROD with PROPOSALS1 Category of materials licenses and type of fees 1 Fees 2 3 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]. (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 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]. VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 $1,500. $3,000. Full Cost. Full Cost. Full Cost. Full Full Full Full Full Full Full Cost. Cost. Cost. Cost. Cost. Cost. Cost. Full Cost. $1,400. $6,900. $3,200. $3,100. $3,100. $15,000. $20,000. $25,000. $4,100. $5,500. $6,900. $6,000. $8,000. 12776 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] ddrumheller on DSK120RN23PROD with PROPOSALS1 Category of materials licenses and type of fees 1 Fees 2 3 (2). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20. Application [Program Code(s): 04211, 04213, 04215]. D. [Reserved] ............................................................................................................................................................................... E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units). Application [Program Code(s): 03510, 03520]. F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03511]. G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03521]. H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03254, 03255, 03257]. I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03250, 03251, 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]. 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]. VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 $10,000. N/A. $3,700. $7,500. $71,700. $7,700. $11,800. $2,300. $1,300. $6,300. $8,400. $10,500. $9,600. $10,300. $11,700. $15,500. $19,500. $7,900. $10,600. $13,200. $2,200. $3,000. Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12777 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 7. Fees 2 3 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. 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): 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. 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. 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): 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. This category also includes the possession and use of source material for shielding when authorized on the same license.10 Number of locations of use: 1–5. Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160]. (1). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.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. This category also includes the possession and use of source material for shielding when authorized on the same license.10 Number of locations of use: more than 20. Application [Program Code(s): 04811,04813, 04815, 04817, 04819, 04821,04823, 04825, 04827, 04829]. VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 $2,900. $16,400. Full Cost. $8,000. $5,800. $5,300. Full Cost. $25,600. $12,900. $17,100. $21,300. $10,000. $13,300. $16,600. $11,000. $14,600. $18,300. 12778 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table] ddrumheller on DSK120RN23PROD with PROPOSALS1 Category of materials licenses and type of fees 1 Fees 2 3 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. 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. VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 $3,000. $23,500. $10,400. $6,100. $1,200. Full Cost. Full Cost. $4,500. Full Cost. $4,500. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. Full Cost. N/A. N/A. N/A. N/A. N/A. N/A. N/A. 12779 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / 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 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 .......................................................................................... ddrumheller on DSK120RN23PROD with PROPOSALS1 1 Types N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. N/A. $3,900. Full Cost. Full Cost. Full Cost. of fees—Separate charges, as shown in the schedule, will be assessed for pre-application consultations and reviews; applications for new licenses, approvals, or license terminations; possession-only licenses; issuances of new licenses and approvals; certain amendments and renewals to existing licenses and approvals; safety evaluations of sealed sources and devices; generally licensed device registrations; and certain inspections. The following guidelines apply to these charges: (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). (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. VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 12780 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 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 18. 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. 19. In § 171.15, revise paragraphs (b)(1), (b)(2) introductory text, (c)(1), (c)(2) introductory text, and paragraph (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 2024 annual fee for each operating power reactor that must be collected by September 30, 2024, is $5,488,000. (2) The FY 2024 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 2024 base annual fee for operating power reactors are as follows: * * * * * (c)(1) The FY 2024 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 $330,000. (2) The FY 2024 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 2024 spent fuel storage/reactor decommissioning rebaselined annual fee are: * * * * * (e) The FY 2024 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 $97,700. ■ 20. In § 171.16, revise paragraphs (b) introductory text, (c), 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 2024 annual fee is comprised of a base annual fee and associated additional charges. The base FY 2024 annual fee is the sum of budgeted costs for the following activities: * * * * * (c) A licensee who is required to pay an annual fee under this section, in addition to 10 CFR part 72 licenses, may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification along with its annual fee payment, the licensee may pay reduced annual fees as shown in table 1 to this paragraph (c). Failure to file a small entity certification in a timely manner could result in the receipt of a delinquent invoice requesting the outstanding balance due and/or denial of any refund that might otherwise be due. The small entity fees are as follows: TABLE 1 TO PARAGRAPH (c) Maximum annual fee per licensed category ddrumheller on DSK120RN23PROD with PROPOSALS1 NRC small entity classification Small Businesses Not Engaged in Manufacturing (Average gross receipts over the last 5 completed fiscal years): $555,000 to $8 million .................................................................................................................................................................. Less than $555,000 ...................................................................................................................................................................... Small Not-For-Profit Organizations (Annual Gross Receipts): $555,000 to $8 million .................................................................................................................................................................. Less than $555,000 ...................................................................................................................................................................... Manufacturing Entities that Have an Average of 500 Employees or Fewer: 35 to 500 employees .................................................................................................................................................................... Fewer than 35 employees ............................................................................................................................................................ Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 49,999 .......................................................................................................................................................................... Fewer than 20,000 ....................................................................................................................................................................... Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: 35 to 500 employees .................................................................................................................................................................... Fewer than 35 employees ............................................................................................................................................................ VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 $5,200 1,000 5,200 1,000 5,200 1,000 5,200 1,000 5,200 1,000 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules (d) The FY 2024 annual fees for materials licensees and holders of certificates, registrations, or approvals 12781 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 ddrumheller on DSK120RN23PROD with PROPOSALS1 Category of materials licenses 1. Special nuclear material: A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities. (a) Strategic Special Nuclear Material (High Enriched Uranium) 15 [Program Code(s): 21213] .................................... (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 15 [Program Code(s): 21210] .......................................................................................................................................................................... (2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities. (a) Facilities with limited operations 15 [Program Code(s): 21310, 21320] ..................................................................... (b) Gas centrifuge enrichment demonstration facility 15 [Program Code(s): 21205] ...................................................... (c) Others, including hot cell facility 15 [Program Code(s): 21130, 21131, 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] ..................................................... VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 .............................. $6,307,000 2,138,000 .............................. 1,762,000 N/A N/A N/A 3,400 9,600 2,748,000 5,900 1,339,000 .............................. N/A 54,300 N/A 5 N/A 5 N/A 5 N/A 5 N/A N/A 3,700 14,100 7,000 8,900 11,800 37,900 50,400 63,000 12782 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / 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 ddrumheller on DSK120RN23PROD with PROPOSALS1 Category of materials licenses B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. [Program Code(s): 03214, 03215, 22135, 22162] .............................................................................................................. (1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. [Program Code(s): 04110, 04112, 04114, 04116] ................................................................................ (2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. [Program Code(s): 04111, 04113, 04115, 04117] .................................................................. C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4) 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] ................................................................................................................................................................................. VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 12,900 17,100 21,300 12,900 17,100 23,500 5 N/A 12,200 12,400 105,300 12,900 19,000 4,900 3,600 17,600 23,300 29,100 18,400 20,200 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12783 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 7. O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: 1–5. [Program Code(s): 03310, 03320] ................................................................................................................................................................................. (1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: 6–20. [Program Code(s): 04310, 04312] ..................................................................................................................................... (2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: more than 20. [Program Code(s): 04311, 04313] ......................................................................................................................... P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: 1–5. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 03221, 03222, 03800, 03810, 22130] ............................................................................................................................................. (1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: 6–20. [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, 04430, 04432, 04434, 04436, 04438] ............................................................................................................. (2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: more than 20. [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, 04431, 04433, 04435, 04437, 04439] ................................................................................................. Q. Registration of devices generally licensed under part 31 of this chapter ......................................................................... R. Possession of items or products containing radium–226 identified in § 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 17 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 17 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 17 Number of locations of use: more than 20. [Program Code(s): 04511, 04513] ..................................................................................................................................... VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 43,900 58,300 73,100 14,500 19,500 24,300 13 N/A .............................. 8,400 8,800 35,100 27,200 20,300 12,100 16,300 5 N/A 39,400 37,600 50,100 62,500 12784 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / 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 ddrumheller on DSK120RN23PROD with PROPOSALS1 Category of materials licenses 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 17 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 17 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 17 Number of locations of use: more than 20. [Program Code(s): 04711] ............... C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 17 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 17 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 17 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] ........................... VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1 53,100 70,700 88,200 21,400 28,500 36,600 8,400 29,600 13,100 7,700 1,500 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 6 N/A 12 N/A 7 20 N/A 7 N/A 8 N/A 8 N/A 457,000 12785 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / 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 18. Department of Energy: A. Certificates of Compliance ................................................................................................................................................. B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] ............................ 10 2,174,000 271,000 1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1 of the current FY, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license. 2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter. 3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the FEDERAL REGISTER for notice and comment. 4 Other facilities include licenses for extraction of metals, heavy metals, and rare earths. 5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider establishing an annual fee for this type of license. 6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2. 10 This includes Certificates of Compliance issued to the DOE 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.A, 7.A.1, 7.A.2, 7.B, 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2 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. * * * * * 21. In § 171.19, revise paragraph (a) to read as follows. ■ § 171.19 Payment. ddrumheller on DSK120RN23PROD with PROPOSALS1 * * * * * (a) Method of payment. All annual fee payments under this part are to be made payable to the U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. funds using the electronic payment methods accepted at www.Pay.gov. Federal agencies may also make payment by IntraGovernmental Payment and Collection (IPAC). Specific instructions for making 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 VerDate Sep<11>2014 19:30 Feb 16, 2024 Jkt 262001 only be made upon receipt of information on the payee’s financial institution and bank accounts. * * * * * Dated: February 5, 2024. For the Nuclear Regulatory Commission. Jennifer M. Golder, Acting Chief Financial Officer. PO 00000 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–0231; Project Identifier AD–2023–01037–T] RIN 2120–AA64 [FR Doc. 2024–03231 Filed 2–16–24; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 787–8, SUMMARY: Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Proposed Rules]
[Pages 12759-12785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03231]



[[Page 12759]]

=======================================================================
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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 15, 37, 73, 110, 140, 170 and 171

[NRC-2022-0046]
RIN 3150-AK74


Fee Schedules; Fee Recovery for Fiscal Year 2024

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. The proposed amendments are 
necessary to comply with 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.

DATES: Submit comments by March 21, 2024. 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 2024 by September 30, 
2024, 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; 
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-2022-0046. 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.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal 
workdays; telephone: 301-415-1677.
    You can read a plain language description of this proposed rule at 
https://www.regulations.gov/docket/NRC-2022-0046. 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-2022-0046 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-2022-0046.
     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: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 p.m. eastern time, 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-2022-0046 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 submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comments into ADAMS.

II. Background; Statutory Authority

    The NRC's fee regulations are primarily governed by two laws: (1) 
the Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C. 
9701); and (2) 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

[[Page 12760]]

NRC's mission, and a nuclear science and engineering grant program. In 
fiscal year (FY) 2024, in addition to the fee-relief activities 
identified by the Commission in prior fee rules the resources for the 
Minority Serving Institutions Grant Program are also identified as a 
fee-relief activity to be excluded from the fee recovery requirement 
(see Table 1, ``Excluded Activities,'' of this document for the list of 
all excluded activities).
    Under NEIMA, the NRC must use its IOAA authority first to collect 
service fees for NRC work that provides specific benefits to 
identifiable recipients (such as licensing work, inspections, and 
special projects). The NRC's regulations in part 170 of title 10 of the 
Code of Federal Regulations (10 CFR), ``Fees for Facilities, Materials, 
Import and Export Licenses, and Other Regulatory Services Under the 
Atomic Energy Act of 1954, as Amended,'' explain how the agency 
collects service fees from specific beneficiaries. Because the NRC's 
fee recovery under the IOAA (10 CFR part 170) will not equal 100 
percent of the agency's total budget authority for the FY (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 2024 Fee Collection--Overview

    The NRC is issuing this FY 2024 proposed fee rule based on the FY 
2024 budget request as further described in the NRC's FY 2024 
Congressional Budget Justification (CBJ) (NUREG-1100, Volume 39) 
because a full-year appropriation has not yet been enacted for FY 2024. 
The NRC will adjust the fees described in this proposed rule to reflect 
the enacted budget authority for FY 2024. The FY 2024 budget request is 
$1,006.4 million and proposes the use of $27.1 million in carryover to 
offset the Nuclear Reactor Safety budget. As a result, the gross budget 
authority in the FY 2024 budget request and the total budget authority 
used in the FY 2024 proposed fee rule is $979.2 million, which would be 
an increase of $52.1 million from FY 2023. The increase is primarily to 
support salaries and benefits, in accordance with the U.S. Office of 
Management and Budget (OMB) guidance.
    As explained previously, certain portions of the NRC's total budget 
authority are excluded from NEIMA's fee recovery requirement under 
section 102(b)(1)(B) of NEIMA. Based on the FY 2024 budget request, 
these exclusions total $156.0 million, which is an increase of $19.0 
million from FY 2023. These excluded activities consist of $104.2 
million for fee-relief activities, $34.2 million for advanced reactor 
regulatory infrastructure activities, $15.1 million for generic 
homeland security activities, $1.0 million for waste incidental to 
reprocessing activities, and $1.5 million for Inspector General 
services for the Defense Nuclear Facilities Safety Board. Table I 
summarizes the excluded activities for the FY 2024 proposed fee rule. 
The FY 2023 amounts are provided for comparison purposes.

                                          Table I--Excluded Activities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 Final      FY 2024
                                                                                      rule        Proposed rule
----------------------------------------------------------------------------------------------------------------
Fee-Relief Activities:
    International activities...................................................            28.8             37.5
    Agreement State oversight..................................................            11.9             12.8
    Medical isotope production infrastructure..................................             3.5              0.7
    Fee exemption for nonprofit educational institutions.......................            13.5             19.0
    Costs not recovered from small entities under 10 CFR 171.16(c).............             8.9             10.4
    Regulatory support to Agreement States.....................................            14.2             12.1
    Generic decommissioning/reclamation activities (not related to the                     12.5              2.8
     operating power reactors and spent fuel storage fee classes)..............
    Uranium recovery program and unregistered general licensees................             2.7              5.4
    Potential Department of Defense remediation program Memorandum of                       0.9              0.8
     Understanding activities..................................................
    Non-military radium sites..................................................             0.2              0.2
    Minority Serving Institutions Grant Program................................             N/A              2.5
                                                                                --------------------------------
        Subtotal Fee-Relief Activities.........................................            97.1            104.2
Activities under section 102(b)(1)(B)(ii) of NEIMA (Generic Homeland Security              16.1             17.6
 activities, Waste Incidental to Reprocessing activities, and the Defense
 Nuclear Facilities Safety Board)..............................................
Advanced reactor regulatory infrastructure activities..........................            23.8             34.2
                                                                                --------------------------------
        Total Excluded Activities..............................................           137.0            156.0
----------------------------------------------------------------------------------------------------------------

    After accounting for the exclusions from the fee recovery 
requirement and net billing adjustments (i.e., for FY 2024 invoices 
that the NRC estimates will not be paid during the FY, less payments 
received in FY 2024 for prior-year invoices), the NRC estimates that it 
must recover approximately $825.7 million in fees in FY 2024. Of this 
amount, the NRC estimates that $205.5 million will be recovered through 
10 CFR part 170 service fees and approximately $620.2 million will be 
recovered through 10 CFR part 171 annual fees. Table II summarizes the 
fee recovery amounts for the FY 2024 proposed fee rule using the FY 
2024 budget request and takes into account the budget authority for 
excluded activities and net billing adjustments. For all information 
presented in the following tables in this proposed rule, 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.
    Since a full-year appropriation has not yet been enacted, the FY 
2024 proposed fee rule is based on the FY 2024 budget request. As 
discussed in the FY 2024 budget request, this proposed rule assumes the 
utilization of

[[Page 12761]]

$27.1 million in carryover to offset the Nuclear Reactor Safety budget. 
In addition, the proposed rule assumes the use of $16.0 million in 
prior-year unobligated carryover funds for the University Nuclear 
Leadership Program, which was not included in the budget request, but 
has historically been included by Congress in the final appropriations 
bill. The FY 2023 amounts are provided for comparison purposes. If the 
NRC receives an appropriation providing a different total budget 
authority, the final fee rule will reflect the final appropriation.

                                    Table II--Budget and Fee Recovery Amounts
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 Final      FY 2024
                                                                                      rule        Proposed rule
----------------------------------------------------------------------------------------------------------------
Total Budget Authority.........................................................          $927.2           $979.2
Less Budget Authority for Excluded Activities:.................................          -137.0           -156.0
                                                                                --------------------------------
    Balance....................................................................           790.2            823.2
Fee Recovery Percent...........................................................           100.0            100.0
                                                                                --------------------------------
    Total Amount to be Recovered:..............................................           790.2            823.2
        Less Estimated Amount to be Recovered through 10 CFR part 170 Fees.....          -195.0           -205.5
        Estimated Amount to be Recovered through 10 CFR part 171 Fees..........           595.2            617.7
10 CFR part 171 Billing Adjustments:
    Unpaid Current Year Invoices (estimated)...................................             3.7              4.5
        Less Payments Received in Current Year for Previous Year Invoices                  -3.3             -2.0
         (estimated)...........................................................
        Adjusted 10 CFR part 171 Annual Fee Collections Required...............           595.6            620.2
Adjusted Amount to be Recovered through 10 CFR parts 170 and 171 Fees..........          $790.6           $825.7
----------------------------------------------------------------------------------------------------------------

FY 2024 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, 
``Schedule of fees for production and utilization facilities, review of 
standard referenced design approvals, special projects, inspections and 
import and export licenses,'' and 170.31, ``Schedule of fees for 
materials licenses and other regulatory services, including 
inspections, and import and export licenses.'' 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 (IG)). 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] TP20FE24.000

    For FY 2024, the NRC is proposing to increase the professional 
hourly rate from $300 to $321. The 7.1 percent increase in the 
professional hourly rate is primarily due to a 7.3 percent increase in 
budgeted resources of approximately $56.6 million. The increase in 
budgeted resources is primarily due to the following: (1) an increase 
in mission-direct FTE to support new reactor licensing activities, the 
review of license renewal applications, an increased workload within 
the reactor decommissioning program; and (2) an increase in the fully-
costed FTE rate compared to FY 2023 due to an increase in salaries and 
benefits to support Federal pay raises for NRC employees.
    In addition, the NRC anticipates an increase in mission-direct FTE 
to support the increase in licensing and decommissioning activities. 
This anticipated increase in the number of mission-direct FTE compared 
to FY 2023 partially offsets the proposed increase in the professional 
hourly rate caused by the overall estimated increase in budgeted 
resources. The professional hourly rate is inversely related to the 
mission-direct FTE amount; therefore, as the number of mission-direct 
FTE increase, the professional hourly rate may decrease. Based on the 
FY 2024 budget request, the number of mission-direct FTE is expected to 
increase by approximately 58, primarily to support the following: (1) 
the review of new reactor licensing activities, including the review of 
standard design approvals, pre-application activities, and construction 
permits; (2) licensing and oversight activities for the reactor 
decommissioning program, which includes both power and non-power 
reactors in various stages of decommissioning; (3) the review of 
licensing actions related to enrichment and manufacturing of high assay 
low-enrichment uranium (HALEU) fuel and accident tolerant fuel (ATF); 
and (4) the review of one new fuel facility license application (TRISO-
X, LLC) and one new medical isotope facility (Niowave).
    The FY 2024 estimate for annual mission-direct FTE productive hours 
is 1,500 hours, which is a decrease from 1,551 hours in FY 2023. This 
estimate reflects the average number of hours that a mission-direct 
employee spends on mission-direct work annually. This estimate, 
therefore, excludes hours charged to annual leave, sick leave,

[[Page 12762]]

holidays, training, and general administrative tasks. Table III shows 
the professional hourly rate calculation methodology. The FY 2023 
amounts are provided for comparison purposes.

                                 Table III--Professional Hourly Rate Calculation
                                     [Dollars in millions, except as noted]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 Final      FY 2024
                                                                                      rule        Proposed rule
----------------------------------------------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits.....................................          $359.2           $395.1
Mission-Indirect Program Support...............................................          $118.8           $120.2
Agency Support (Corporate Support and the IG)..................................          $299.5           $318.9
                                                                                --------------------------------
    Subtotal...................................................................          $777.5           $834.1
Less Offsetting Receipts \1\...................................................            $0.0             $0.0
                                                                                --------------------------------
    Total Budgeted Resources Included in Professional Hourly Rate..............          $777.5           $834.1
Mission-Direct FTE.............................................................         1,672.2          1,730.4
Annual Mission-Direct FTE Productive Hours (Whole numbers).....................           1,551            1,500
Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual        2,593,582        2,595,600
 Mission-Direct FTE Productive Hours)..........................................
Professional Hourly Rate (Total Budgeted Resources Included in Professional                $300             $321
 Hourly Rate Divided by Mission-Direct FTE Converted to Hours) (Whole Numbers).
----------------------------------------------------------------------------------------------------------------

FY 2024 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 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.  170.31 to reflect the revised 
professional hourly rate of $321. 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 
2024. 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 for the FY 2023 
proposed fee rule and will perform this review again for the FY 2025 
proposed fee rule. The higher professional hourly rate of $321 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 proposed 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 2024 final fee rule will be 
subject to the revised fees in the final rule. Since international 
activities are excluded from the fee recovery requirement, fees are not 
assessed for import and export licensing actions under 10 CFR parts 170 
and 171.

FY 2024 Fee Collection--Low-Level Waste Surcharge

    The NRC proposes to assess a generic low-level waste (LLW) 
surcharge of $3.820 million. Disposal of LLW occurs at commercially-
operated LLW disposal facilities that are licensed by either the NRC or 
an Agreement State. Four existing LLW disposal facilities in the United 
States accept various types of LLW. All are located in Agreement States 
and, therefore, are regulated by an Agreement State, rather than the 
NRC. The NRC proposes to allocate this surcharge to its licensees based 
on data available in the U.S. Department of Energy's (DOE) Manifest 
Information Management System. This database contains information on 
total LLW volumes disposed of by four generator classes: academic, 
industrial, medical, and utility. The ratio of waste volumes disposed 
of by these generator classes to total LLW volumes disposed over a 
period of time is used to estimate the portion of this surcharge that 
will be allocated to the power reactors, fuel facilities, and the 
materials users fee classes. The materials users fee class portion is 
adjusted to account for the large percentage of materials licensees 
that are licensed by the Agreement States rather than the NRC.
    Table IV shows the allocation of the LLW surcharge and its 
allocation across the various fee classes.

[[Page 12763]]



                                 Table IV--Allocation of LLW Surcharge, FY 2024
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                          LLW surcharge
                                  Fee classes                                   --------------------------------
                                                                                     Percent            $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors.......................................................            86.9            3.320
Spent Fuel Storage/Reactor Decommissioning.....................................             0.0            0.000
Non-Power Production or Utilization Facilities.................................             0.0            0.000
Fuel Facilities................................................................            10.4            0.397
Materials Users................................................................             2.7            0.103
Transportation.................................................................             0.0            0.000
Rare Earth Facilities..........................................................             0.0            0.000
Uranium Recovery...............................................................             0.0            0.000
                                                                                --------------------------------
    Total......................................................................           100.0            3.820
----------------------------------------------------------------------------------------------------------------

FY 2024 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 2024 
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 FY 2024 
budget request less the budget authority for excluded activities, the 
estimated amount to be recovered through 10 CFR part 170 fees, and the 
assumed utilization of $27.1 million in carryover to offset the Nuclear 
Reactor Safety budget.
    Table V shows the proposed rebaselined fees for FY 2024 for a 
sample of licensee categories. The FY 2023 amounts are provided for 
comparison purposes.

                                        Table V--Rebaselined Annual Fees
                                                [Actual dollars]
----------------------------------------------------------------------------------------------------------------
                                                                             FY 2023 final     FY 2024 proposed
                       Class/category of licenses                             annual fee          annual fee
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors................................................          $5,492,000          $5,488,000
+ Spent Fuel Storage/Reactor Decommissioning............................             261,000             330,000
                                                                         ---------------------------------------
    Total, Combined Fee.................................................           5,753,000           5,818,000
Spent Fuel Storage/Reactor Decommissioning..............................             261,000             330,000
Non-Power Production or Utilization Facilities..........................              96,300              97,700
High Enriched Uranium Fuel Facility (Category 1.A.(1)(a))...............           5,156,000           6,307,000
Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b))................           1,747,000           2,138,000
Uranium Enrichment (Category 1.E).......................................           2,247,000           2,748,000
UF6 Conversion and Deconversion Facility (Category 2.A.(1)).............           1,095,000           1,339,000
Basic In Situ Recovery Facilities (Category 2.A.(2)(b)).................              52,200              54,300
Typical Users:
    Radiographers (Category 3O).........................................              37,900              43,900
    All Other Specific Byproduct Material Licensees (Category 3P).......              12,300              14,500
    Medical Other (Category 7C).........................................              18,000              21,400
    Device/Product Safety Evaluation--Broad (Category 9A)...............              24,100              29,600
----------------------------------------------------------------------------------------------------------------

    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 $515.9 million in annual fees from the 
operating power reactors fee class in FY 2024, as shown in table VI. 
The FY 2023 operating power reactors fees are shown for comparison 
purposes.

                     Table VI--Annual Fee Summary Calculations for Operating Power Reactors
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 final      FY 2024
                            Summary fee calculations                                  rule        proposed rule
----------------------------------------------------------------------------------------------------------------
Total budgeted resources.......................................................          $665.3           $675.1
Less estimated 10 CFR part 170 receipts........................................          -158.9           -165.3
                                                                                --------------------------------
    Net 10 CFR part 171 resources..............................................           506.4            509.9

[[Page 12764]]

 
Allocated generic transportation...............................................             0.5              0.6
Allocated LLW surcharge........................................................             3.5              3.3
Billing adjustment.............................................................             0.3              2.1
                                                                                --------------------------------
    Total required annual fee recovery.........................................           510.7            515.9
    Total operating reactors...................................................              93               94
Annual fee per operating reactor...............................................          $5.492           $5.488
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2023, the FY 2024 proposed annual fee for the 
operating power reactors fee class is decreasing primarily due to the 
following: (1) an anticipated increase in 10 CFR part 170 estimated 
billings; (2) an increase in the total number of operating power 
reactors from 93 to 94; and (3) the assumed utilization of $27.1 
million in carryover to offset the Nuclear Reactor Safety budget. As 
discussed further below, the assumed utilization of carryover mitigates 
the proposed increase in the budgeted resources for the operating power 
reactors fee class.\2\ The decrease in the proposed annual fee for the 
operating power reactors fee class is partially offset due to the 
following: (1) an increase in the budgeted resources; and (2) an 
increase in the 10 CFR part 171 billing adjustment.
---------------------------------------------------------------------------

    \2\ As explained above, the NRC is issuing this FY 2024 proposed 
fee rule based on the FY 2024 budget request because a full-year 
appropriation has not yet been enacted for FY 2024. If the enacted 
budget authority for FY 2024 does not include the assumed 
utilization of $27.1 million in carryover to offset the Nuclear 
Reactor Safety budget, it is likely that the annual fee for the 
operating power reactors fee class could increase.
---------------------------------------------------------------------------

    The 10 CFR part 170 estimated billings increased primarily due to 
the following: (1) an anticipated increase in hours associated with the 
review of an increasing number of license renewal applications; and (2) 
an anticipated increase in new reactor licensing activities, including 
the review of standard design approvals, pre-application activities, 
and construction permits. This estimated increase is partially offset 
by an expected decline in the submission of topical reports. As 
explained above, because the NRC's fee recovery under 10 CFR part 170 
will not equal approximately 100 percent of the agency's budget 
authority for the fiscal year, the NRC also assesses 10 CFR part 171 
annual fees. Estimated 10 CFR part 170 billings, therefore, are 
inversely related to the projected annual fee for a fee class. The more 
the NRC estimates to collect in 10 CFR part 170 billings, the less it 
estimates to collect in annual fees.
    The increase in the budgeted resources for the operating power 
reactors fee class is primarily due to the following: (1) an increase 
to support new reactor licensing activities, including the review of 
standard design approvals, pre-application activities, and construction 
permits; (2) an increase to support the review of license renewal 
applications; and (3) an increase in the fully-costed FTE rate compared 
to FY 2023 due to an increase in salaries and benefits. However, the 
effect of the increase on the proposed annual fee for the operating 
power reactors fee class is offset primarily due to the assumed use of 
$27.1 million in carryover to offset the Nuclear Reactor Safety budget 
as described in the FY 2024 budget request. The increase in budgeted 
resources is also mitigated by the following: (1) an expected decline 
in topical report submissions, guidance development, and process 
improvement activities; (2) a reduction in construction inspection 
activities due to the transition of the Vogtle Electric Generating 
Plant (Vogtle Unit 3) and the expected transition of Vogtle Unit 4 from 
construction into operation; and (3) a reduction in rulemaking 
activities.
    The proposed annual fee is also affected by: (1) an increase in the 
10 CFR part 171 billing adjustment due to the timing of invoices issued 
in FY 2023; and (2) an increase in the generic transportation surcharge 
due to an increase in the overall budgeted resources for certificates 
of compliance (CoCs) for the operating power reactors fee class.
    The proposed fee-recoverable budgeted resources are divided equally 
among the 94 licensed operating power reactors, an increase of one 
operating power reactor compared to FY 2023 due the proposed assessment 
of annual fees for Vogtle Unit 4, resulting in a proposed annual fee of 
$5,488,000 per operating power reactor. Additionally, the NRC estimates 
that each licensed operating power reactor will be assessed the FY 2024 
spent fuel storage/reactor decommissioning proposed annual fee of 
$330,000 (see Table VII and the discussion that follows). The NRC 
estimates that the combined FY 2024 proposed annual fee for each 
operating power reactor will be $5,818,000.
    Section 102(b)(3)(B)(i) of NEIMA established a 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 fee class annual fee in 
Appendix C, ``Estimated Operating Power Reactors Annual Fee,'' of the 
FY 2024 CBJ to increase transparency for stakeholders. The NRC 
developed this estimate based on the staff's allocation of the FY 2024 
CBJ to fee classes under 10 CFR part 170, and allocations within the 
operating power reactors fee class under 10 CFR part 171. The fee 
estimate included in the FY 2024 CBJ assumed 94 operating power 
reactors in FY 2024 and applied various data assumptions from the FY 
2022 final fee rule. Based on these allocations and assumptions, the 
operating power reactors fee class annual fee included in the FY 2024 
CBJ was estimated to be $5.3 million, approximately $0.6 million below 
the FY 2015 operating power reactors annual fee amount adjusted for 
inflation of $5.9 million. Although this proposed rule is based on the 
FY 2024 budget request, the assumptions made between budget formulation 
and the development of this proposed rule have changed such that the 
proposed annual fee for the operating power reactor fee class is 
$5.488, compared to the estimated $5.3 million in the CBJ. However, the 
FY 2024 proposed annual fee of $5,488,000 remains below the FY 2015 
operating power reactors fee class annual fee amount, as adjusted for 
inflation.

[[Page 12765]]

    In FY 2016, the NRC amended 10 CFR 171.15 to establish a variable 
annual fee structure for light-water reactor (LWR) small modular 
reactors (SMRs) (81 FR 32617; May 24, 2016). In FY 2023, the NRC 
further amended Sec.  171.5 to: (1) expand the applicability of the SMR 
variable fee structure to include non-LWR SMRs; and (2) establish an 
additional minimum fee and variable rate applicable to SMRs with a 
licensed thermal power rating of less than or equal to 250 megawatts-
thermal (MWt) (88 FR 39120; June 15, 2023). This revision to the SMR 
variable annual fee structure retained the bundled unit concept for 
SMRs and the approach for calculating fees for reactors, or bundled 
units, with licensed thermal power ratings greater than 250 MWt.
    Currently, there are no operating SMRs; therefore, the NRC will not 
assess an annual fee in FY 2024 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
    The NRC proposes to collect $41.0 million in annual fees from 10 
CFR part 50 and 10 CFR part 52 power reactor licensees, and from 10 CFR 
part 72 licensees that do not hold a 10 CFR part 50 license or a 10 CFR 
part 52 combined license, to recover the budgeted resources for the 
spent fuel storage/reactor decommissioning fee class in FY 2024, as 
shown in table VII. The FY 2023 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 2023 final      FY 2024
                            Summary fee calculations                                  rule        proposed rule
----------------------------------------------------------------------------------------------------------------
Total budgeted resources.......................................................           $42.9            $51.0
Less estimated 10 CFR part 170 receipts........................................           -12.4            -12.2
                                                                                --------------------------------
    Net 10 CFR part 171 resources..............................................            30.5             38.8
Allocated generic transportation costs.........................................             1.6              2.0
Billing adjustments............................................................             0.0              0.2
                                                                                --------------------------------
    Total required annual fee recovery.........................................            32.1             41.0
    Total spent fuel storage facilities........................................             123              124
Annual fee per facility........................................................          $0.261           $0.330
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2023, the FY 2024 proposed annual fee for the 
spent fuel storage/reactor decommissioning fee class is increasing 
primarily due to a rise in the budgeted resources and an expected 
decrease in 10 CFR part 170 estimated billings. The proposed annual fee 
is partially offset by an increase in the number of licensees 
increasing from 123 to 124.
    The budgeted resources increased primarily to support the 
following: (1) an increase in FTEs to support licensing and oversight 
activities for the reactor decommissioning program, which includes both 
power and non-power reactors in various stages of decommissioning; and 
(2) an increase in the fully-costed FTE rate compared to FY 2023 due to 
an increase in salaries and benefits.
    The proposed annual fee is also increasing due to the expected 
decrease in the 10 CFR part 170 estimated billings, which in turn is 
primarily due to the following: (1) the completion of the safety and 
environmental review of the Holtec HI-STORE consolidated interim 
storage facility application; (2) the termination of the license for 
the La Crosse Boiling Water Reactor; and (3) a decrease in 
decommissioning licensing and inspection activities at multiple sites. 
This decrease is expected to be partially offset by the following: (1) 
an increase in hours to support the staff's review of a new fuel 
storage system; and (2) an increase to support the staff's review of 
applications for renewals, amendments, exemptions, and inspections for 
independent spent fuel storage installation and dry cask storage CoCs 
at multiple sites.
    The proposed increase in the annual fee is also affected by these 
contributing factors: (1) an increase in the generic transportation 
surcharge due to an increase in the generic transportation budgeted 
resources for the spent fuel storage/reactor decommissioning fee class; 
and (2) an increase in the 10 CFR part 171 billing adjustment due to 
the timing of invoices in FY 2023.
    The required annual fee recovery amount is divided equally among 
124 licensees, an increase of one licensee compared to FY 2023 due to 
the proposed assessment of annual fees for Vogtle Unit 4, resulting in 
a proposed FY 2024 annual fee of $330,000 per licensee.
c. Fuel Facilities
    The NRC proposes to collect $24.9 million in annual fees from the 
fuel facilities fee class in FY 2024, as shown in table VIII. The FY 
2023 fuel facilities fees are shown for comparison purposes.

                         Table VIII--Annual Fee Summary Calculations for Fuel Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 final      FY 2024
                            Summary fee calculations                                  rule        proposed rule
----------------------------------------------------------------------------------------------------------------
Total budgeted resources.......................................................           $26.6            $32.4
Less estimated 10 CFR part 170 receipts........................................            -9.2            -10.5
                                                                                --------------------------------
    Net 10 CFR part 171 resources..............................................            17.4             21.9
Allocated generic transportation...............................................             1.9              2.5
Allocated LLW surcharge........................................................             0.4              0.4

[[Page 12766]]

 
Billing adjustments............................................................             0.0              0.1
                                                                                --------------------------------
    Total remaining required annual fee recovery...............................           $19.7            $24.9
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2023, the FY 2024 proposed annual fee for the 
fuel facilities fee class is increasing primarily due to a rise in 
budgeted resources. This is partially offset by an expected increase in 
10 CFR part 170 estimated billings. As explained above, because the 
NRC's fee recovery under 10 CFR part 170 will not equal approximately 
100 percent of the agency's budget authority for the fiscal year (less 
the budget authority for excluded activities), the NRC also assesses 10 
CFR part 171 annual fees. Estimated 10 CFR part 170 billings, 
therefore, are inversely related to the proposed annual fee for a fee 
class. The more the NRC estimates to collect in 10 CFR part 170 
billings, the less it estimates to collect in annual fees. While the 
NRC anticipates an increase in 10 CFR part 170 estimated billings, this 
anticipated increase was not enough to offset the overall increase in 
budgetary resources in the FY 2024 budget request.
    In the FY 2024 budget request, which this proposed rule is based 
on, the budgeted resources increased primarily to support the 
following: (1) the review of licensing actions related to enrichment 
and manufacturing of HALEU fuel and ATF; (2) the review of two fuel 
facility license applications; (3) the development and maintenance of 
licensing guidance; (4) emergency preparedness and physical security 
reviews for license amendments and renewals; (5) programmatic oversight 
activities in support for Category II fuel facilities and an 
anticipated new fuel facility; (6) associated fuel facilities 
rulemaking activities; and (7) an increase in the fully-costed FTE rate 
compared to FY 2023 due to an increase in salaries and benefits. The 
increase in budgetary resources is partially offset due to a decline in 
IT services.
    The proposed increase in the annual fee is also affected by these 
contributing factors: (1) a rise in the generic transportation 
surcharge due to a new CoC within the fuel facilities fee class; and 
(2) a surcharge in the 10 CFR part 171 billing adjustment due to the 
timing of invoices in FY 2023.
    The proposed annual fee is partially offset by an anticipated 
increase in the 10 CFR part 170 estimated billings. The 10 CFR part 170 
estimated billings are expected to increase primarily due to the 
following: (1) the continued review of the TRISO-X, LLC, fuel 
fabrication facility application; (2) the review of anticipated license 
amendment requests; and (3) the review of the National Institute of 
Standards and Technology's license renewal application for possession 
and use of its special nuclear material. Yet, this increase is offset 
by the following: (1) the completion of the review of Westinghouse 
Electric Company, LLC's license transfer application; (2) the near 
completion of the review of the Global Nuclear Fuel Americas, LLC, 
amendment for an increase in enrichment activities up to 8 weight 
percent uranium-235; (3) the delay of the submittal of Global Nuclear 
Fuel Americas, LLC, amendment for an increase in enrichment activities 
up to 20 weight percent uranium-235; and (4) the delay of a new fuel 
facility 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 31448; 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.
    NRC authorized the Centrus American Centrifuge Plant to begin its 
HALEU demonstration program operations at the Category II level on 
September 21, 2023. In the FY 2024 proposed fee rule, this change in 
operations caused the safeguard effort factors for ``scrap/waste'' to 
increase from 0 (no effort) to 1 (low effort), ``enrichment'' to 
increase from 5 (moderate effort) to 10 (high effort) and ``sensitive 
information'' to increase from 5 (moderate effort) to 10 (high effort), 
resulting in an increase of the safeguards efforts factors from 11 to 
22 compared to the FY 2023 final fee rule.

                              Table IX--Effort Factors for Fuel Facilities, FY 2024
----------------------------------------------------------------------------------------------------------------
                                                                                          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              22
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............               0               0               0
Hot Cell (and others) (1.A.(2)(c))..............................               0               0               0
Uranium Enrichment (1.E.).......................................               1              16              23
    UF6 Conversion and Deconversion (2.A.(1))...................               1              12               7
                                                                 -----------------------------------------------
    Total.......................................................               8             189             164
----------------------------------------------------------------------------------------------------------------


[[Page 12767]]

    In FY 2024, the total remaining amount of the proposed annual fees 
that the NRC estimates to be recovered, $24.9 million, is attributable 
to safety activities, safeguards activities, and the LLW surcharge. For 
FY 2024, the total budgeted resources proposed to be recovered as 
annual fees for safety activities are approximately $13.1 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 
that the NRC estimates to be recovered as annual fees for safeguards 
activities, $11.4 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 
estimated 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 2023 final     FY 2024 proposed
                      Facility type (fee category)                            annual fee          annual fee
----------------------------------------------------------------------------------------------------------------
High Enriched Uranium Fuel (1.A.(1)(a)).................................          $5,156,000          $6,307,000
Low Enriched Uranium Fuel (1.A.(1)(b))..................................           1,747,000           2,138,000
Facilities with limited operations (1.A.(2)(a)).........................             807,000           1,762,000
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))....................                 N/A                 N/A
Hot Cell (and others) (1.A.(2)(c))......................................                 N/A                 N/A
Uranium Enrichment (1.E.)...............................................           2,247,000           2,748,000
UF6 Conversion and Deconversion (2.A.(1))...............................           1,095,000           1,339,000
----------------------------------------------------------------------------------------------------------------

d. Uranium Recovery Facilities
    The NRC proposes to collect $0.3 million in annual fees from the 
uranium recovery facilities fee class in FY 2024, as shown in table XI. 
The FY 2023 uranium recovery facilities fees are shown for comparison 
purposes.

                    Table XI--Annual Fee Summary Calculations for Uranium Recovery Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 final      FY 2024
                            Summary fee calculations                                  rule        proposed rule
----------------------------------------------------------------------------------------------------------------
Total budgeted resources.......................................................            $0.5             $0.7
Less estimated 10 CFR part 170 receipts........................................            -0.3             -0.4
                                                                                --------------------------------
    Net 10 CFR part 171 resources..............................................             0.2              0.3
Allocated generic transportation...............................................             N/A              N/A
Billing adjustments............................................................             0.0              0.0
                                                                                --------------------------------
    Total required annual fee recovery.........................................            $0.2             $0.3
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2023, the FY 2024 proposed annual fee for the 
non-DOE licensee in the uranium recovery facilities fee class is 
increasing primarily due to a rise in budgeted resources attributed to 
licensing reviews associated with one licensed uranium recovery 
facility and two licensed, but not yet constructed, uranium recovery 
facilities.
---------------------------------------------------------------------------

    \3\ 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.
---------------------------------------------------------------------------

    The NRC regulates DOE's Title I and Title II activities under the 
Uranium Mill Tailings Radiation Control Act (UMTRCA).\3\ The proposed 
annual fee assessed to DOE includes the resources specifically budgeted 
for the NRC's UMTRCA Title I and Title 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 42612; June 24, 2002), and the NRC 
continues to use this methodology. DOE's UMTRCA proposed annual fee is 
increasing compared to FY 2023 primarily due to a rise in budgeted 
resources needed to conduct generic work that the staff will be 
performing to resolve the following: (1) issues associated with 
abandoned uranium mine waste cleanups and the potential waste disposal 
on or near uranium mill tailings sites including existing DOE sites 
under NRC oversight; (2) coordination on license termination strategies 
for sites; and (3) performance issues relating to existing cover 
systems at mill tailings sites. The proposed annual fee is partially 
offset by a rise 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.

[[Page 12768]]



              Table XII--Costs Recovered Through Annual Fees; Uranium Recovery Facilities Fee Class
                                                [Actual dollars]
----------------------------------------------------------------------------------------------------------------
                                                                             FY 2023 final     FY 2024 proposed
                            Summary of costs                                  annual fee          annual fee
----------------------------------------------------------------------------------------------------------------
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             $142,181            $264,606
     receipts...........................................................
    10 percent of generic/other uranium recovery budgeted resources.....               5,798               6,028
    10 percent of uranium recovery fee-relief adjustment................                 N/A                 N/A
                                                                         ---------------------------------------
        Total Annual Fee Amount for DOE (rounded).......................             148,000             271,000
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery budgeted resources less              52,185              54,255
     the amounts specifically budgeted for UMTRCA Title I and Title II
     activities.........................................................
    90 percent of uranium recovery fee-relief adjustment................                 N/A                 N/A
                                                                         ---------------------------------------
        Total Annual Fee Amount for Other Uranium Recovery Licensees....              52,185              54,255
----------------------------------------------------------------------------------------------------------------

    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 ISR facility. table XIII 
displays the benefit factors for the non-DOE licensee in that fee 
category.

                         Table XIII--Benefit Factors for Uranium Recovery Licenses, 2024
----------------------------------------------------------------------------------------------------------------
                                                     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
Basic In Situ Recovery facilities (2.A.(2)(b))..               1             190             190             100
Expanded In Situ Recovery facilities                           0  ..............  ..............               0
 (2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing                0  ..............  ..............               0
 tailings sites (2.A.(4)).......................
                                                 ---------------------------------------------------------------
    Total.......................................               1             190             190             100
----------------------------------------------------------------------------------------------------------------

    The FY 2024 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 2023 final     FY 2024 proposed
                      Facility type (fee category)                            annual fee          annual fee
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..........................                 N/A                 N/A
Basic In Situ Recovery facilities (2.A.(2)(b))..........................             $52,200             $54,300
Expanded In Situ Recovery facilities (2.A.(2)(c)).......................                 N/A                 N/A
Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4))                 N/A                 N/A
----------------------------------------------------------------------------------------------------------------

e. Non-Power Production or Utilization Facilities
    The NRC proposes to collect $0.293 million in annual fees from the 
non-power production or utilization facilities fee class in FY 2024, as 
shown in table XV. The FY 2023 non-power production or utilization 
facilities fees are shown for comparison purposes.

[[Page 12769]]



          Table XV--Annual Fee Summary Calculations for Non-Power Production or Utilization Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 final      FY 2024
                            Summary fee calculations                                  rule        proposed rule
----------------------------------------------------------------------------------------------------------------
Total budgeted resources.......................................................          $5.115           $4.876
Less estimated 10 CFR part 170 receipts........................................          -4.869           -4.648
                                                                                --------------------------------
    Net 10 CFR part 171 resources..............................................           0.246            0.228
Allocated generic transportation...............................................           0.040            0.050
Billing adjustments............................................................           0.003            0.015
                                                                                --------------------------------
    Total required annual fee recovery.........................................           0.289            0.293
    Total non-power production or utilization facilities licenses..............               3                3
                                                                                --------------------------------
        Total annual fee per license (rounded).................................         $0.0963          $0.0977
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2023, the FY 2024 proposed annual fee for the 
non-power production or utilization facilities fee class is increasing, 
as discussed in the following paragraphs.
    In FY 2024, the budgeted resources decreased primarily due to a 
reduction in medical radioisotope production facilities workload 
primarily due to a delay with the SHINE Technologies LLC's (SHINE) 
operating license application for a medical radioisotope production 
facility and a delay in the construction schedule. The offset to the 
decline in budgetary resources is the rise in the fully-costed FTE rate 
compared to FY 2023 due to an increase in salaries and benefits.
    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 have declined compared to FY 2023 due 
to a reduction in workload for license amendment activities associated 
with the anticipated shutdown of the General Electric Hitachi 
Vallecitos Nuclear Center in FY 2024. The 10 CFR part 170 estimated 
billings with respect to medical radioisotope production facilities and 
advanced research and test reactors have declined when compared with FY 
2023 primarily due to the following: (1) a reduction in staff hours due 
to the delay with SHINE's operating license application and a delay in 
the construction schedule; and (2) the completion of the staff's safety 
review of the Kairos Power, LLC's (Kairos) application for a permit to 
construct the Hermes 1 test reactor. This decline in 10 CFR part 170 
estimated billings is offset due to the following: (1) the staff's 
review of the Kairos Hermes 2 application for a permit to construct two 
test reactors; and (2) conducting pre-application meetings due to the 
anticipated submission of several license applications.
    Furthermore, the proposed increase in the annual fee is also 
affected by these contributing factors: (1) an increase in the 10 CFR 
part 171 billing adjustment due to the timing of invoices in FY 2023; 
and (2) an increase in the generic transportation surcharge due to an 
increase in the generic transportation budgeted resources for the non-
power production or utilization facilities fee class.
    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 2024 proposed annual fee of $97,700 
for each licensee.
f. Rare Earth
    In FY 2024, the NRC has allocated approximately $0.2 million in 
budgeted resources to this fee class; however, because all the budgeted 
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 2024 for this fee class.
g. Materials Users
    The NRC proposes to collect $46.2 million in annual fees from 
materials users licensed under 10 CFR parts 30, 40, and 70 in FY 2023, 
as shown in table XVI. The FY 2023 materials users fees are shown for 
comparison purposes.

                         Table XVI--Annual Fee Summary Calculations for Materials Users
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 final      FY 2024
                            Summary fee calculations                                  rule        proposed rule
----------------------------------------------------------------------------------------------------------------
Total budgeted resources for licensees not regulated by Agreement States.......           $38.7            $44.3
Less estimated 10 CFR part 170 receipts........................................            -1.2             -0.8
                                                                                --------------------------------
    Net 10 CFR part 171 resources..............................................            37.5             43.5
Allocated generic transportation...............................................             2.0              2.5
LLW surcharge..................................................................             0.1              0.1
Billing adjustments............................................................             0.0              0.1
                                                                                --------------------------------
    Total required annual fee recovery.........................................           $39.7            $46.2
----------------------------------------------------------------------------------------------------------------

    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 $46.2 million for FY 2024 shown in 
table XVI

[[Page 12770]]

consists of $36.4 million for general costs, $9.7 million for 
inspection costs, and $0.1 million for LLW costs. To equitably and 
fairly allocate the $46.2 million required to be collected among 
approximately 2,400 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 is the methodology 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 2023, the FY 2024 proposed annual fees are 
increasing for all fee categories within the materials users fee class, 
of which 25 fee categories are increasing by approximately 14 percent 
to 16 percent, and 27 fee categories are increasing by approximately 17 
percent to 25 percent primarily due to an increase in the budgeted 
resources. The budgeted resources increased due to the following: (1) 
an increase in licensing and oversight workload, including the expected 
reviews of exempt distribution and sealed source device applications, 
updating licensing guidance, and the development of a regulatory guide 
on veterinary issues; (2) hiring actions to double encumber and train 
health physics staff to ensure an appropriate pipeline and knowledge 
management for future agency mission related activities; (3) support 
for rulemaking activities; (4) support for materials research 
activities; and (5) an increase in the fully-costed FTE rate compared 
to FY 2023 due to an increase in salaries and benefits.
    In addition, the FY 2024 proposed annual fees are increasing due to 
the following: (1) an increase in generic transportation costs for 
materials users; (2) a decrease in the 10 CFR part 170 estimated 
billings for new licensing applications; (3) a decrease of 53 materials 
users licensees from FY 2023; and (4) an increase in the 10 CFR part 
171 billing adjustment due to the timing of invoices issued in FY 2023.
    A constant multiplier is established to recover the total general 
costs (including allocated generic transportation costs) of $36.4 
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 1.26 for FY 2024. The average inspection cost is the average 
inspection hours for each fee category multiplied by the professional 
hourly rate of $321. The inspection priority is the interval between 
routine inspections, expressed in years. The inspection multiplier is 
established to recover the $9.7 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 1.72 for FY 2024. 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 $0.1 million in LLW surcharge 
costs allocated to the materials users fee class (see Table IV, 
``Allocation of LLW Surcharge, FY 2024,'' 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 $2.2 million in annual fees to recover 
generic transportation budgeted resources in FY 2024, as shown in table 
XVII. The FY 2023 fees are shown for comparison purposes.

                         Table XVII--Annual Fee Summary Calculations for Transportation
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY 2023 final      FY 2024
                            Summary fee calculations                                  rule        proposed rule
----------------------------------------------------------------------------------------------------------------
Total budgeted resources.......................................................           $11.1            $13.2
Less estimated 10 CFR part 170 receipts........................................            -3.4             -3.5
                                                                                --------------------------------
    Net 10 CFR part 171 resources..............................................             7.7              9.7
Less generic transportation resources..........................................            -6.0             -7.5
Billing adjustments............................................................             0.0              0.0
                                                                                --------------------------------
    Total required annual fee recovery.........................................            $1.7             $2.2
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2023, the FY 2024 proposed annual fee for the 
transportation fee class is increasing primarily due to an increase in 
the budgeted resources. This increase is partially offset by: (1) a 
rise in the distribution of the generic transportation resources 
allocated to other fee classes; and (2) an increase in the 10 CFR part 
170 estimated billings.
    In FY 2024, the budgeted resources increased primarily to support: 
(1) environmental reviews and licensing of transportation packages for 
ATF, the anticipated licensing review of one transportable microreactor 
application, other advanced reactors fuels, and microreactors; (2) 
rulemaking activities; and (3) a rise in the fully-costed FTE rate 
compared to FY 2023 due to an increase in salaries and benefits.
    The increase in the proposed annual fee is partially offset by a 
rise in the distribution of generic transportation resources allocated 
to respective other fee classes resulting from additional number of 
CoCs for 2024.
    Furthermore, the proposed annual fee is also partially offset by an 
increase in the 10 CFR part 170 estimated billings related to the 
review of new and amended packages.
    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30722; 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

[[Page 12771]]

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 30 operating 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 2024
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Allocated
                                                               Number of CoCs     Percentage of       generic
                   Licensee fee class/DOE                      benefiting fee      total CoCs     transportation
                                                                class or DOE                         resources
----------------------------------------------------------------------------------------------------------------
Materials Users.............................................              24.0              25.4            $2.5
Operating Power Reactors....................................               6.0               6.4             0.6
Spent Fuel Storage/Reactor Decommissioning..................              19.0              20.1             1.9
Non-Power Production or Utilization Facilities..............               0.5               0.5             0.0
Fuel Facilities.............................................              24.0              25.4             2.5
Subtotal of Generic Transportation Resources................              73.5              77.8             7.5
DOE.........................................................              21.0              22.2             2.2
                                                             ---------------------------------------------------
    Total...................................................              94.5             100.0             9.7
----------------------------------------------------------------------------------------------------------------

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

FY 2024--Policy Change

    The NRC is not proposing any policy changes for FY 2024.

FY 2024--Administrative Changes

    The NRC is proposing 11 administrative changes in FY 2024:
    1. Amend Sec. Sec.  2.205(i), 15.35(c), 37.27(c)(2), 73.17(m)(1), 
73.57(d)(3)(i), 110.64(e), 140.7(d), 170.12(f), and 171.19(a) by 
clarifying payment methods.
    The NRC proposes to amend Sec. Sec.  2.205(i), 15.35(c), 
37.27(c)(2), 73.17(m)(1), 73.57(d)(3)(i), 110.64(e), 140.7(d), 
170.12(f), and 171.19(a) to align with the U.S. Department of the 
Treasury's (Treasury) ``No-Cash No-Check'' policy. The Treasury 
encourages Federal agencies to use the most efficient, cost-effective, 
and best-suited collection and payment solutions. The Treasury's Bureau 
of the Fiscal Service provides central collection and payment services 
to agencies to maintain the financial integrity and operational 
efficiency of the Federal Government. The Treasury's Bureau of the 
Fiscal Service notified the NRC that the agency is expected to 
transition from paper-based collections to one or more offered 
electronic methods by September 30, 2024.
    The ``No-Cash No-Check'' policy will improve timeliness of 
collections, thereby reducing interest/penalty/administrative fees 
associated with late payments, and reduce resources associated with 
processing paper checks. The available electronic payment options will 
enhance processing speed and accuracy, and adopting this policy will 
make consumer and business payments and remittances to agencies easier 
and more efficient. Accordingly, the NRC is proposing to amend 
Sec. Sec.  2.205(i), 15.35(c), 37.27(c)(2), 73.17(m)(1), 
73.57(d)(3)(i), 110.64(e), 140.7(d), 170.12(f), and 171.19(a) to revise 
available payment methods to remove paper forms of payment and provide 
that payments are to be made electronically using the methods accepted 
at www.Pay.gov.
    2. Amend table 1 in Sec.  170.31 to add language to 7.A, 7.A.1, 
7.A.2, 7.C, 7.C.1, and 7.C.2 for clarity.
    The NRC proposes to amend table 1 in Sec.  170.31add language to 
7.A., 7.A.1, 7.A.2, 7.C, 7.C.1, and 7.C.2, to clarify with respect to 
10 CFR part 170 fees that these categories also include the possession 
and use of source material for shielding when authorized on the same 
license.
    3. Revise footnote 17 to table 2 in Sec.  171.16(d) for clarity.
    The NRC proposes to revise footnote 17 in table 2 paragraph (d) in 
Sec.  171.16 to clarify that with respect to annual fees, medical 
licensees paying fees under 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) are not subject to fees under 2.B. for possession and 
shielding authorized on the same license.

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, 
Public Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------

V. Regulatory Analysis

    Under NEIMA, the NRC is required to recover, to the maximum extent 
practicable, approximately 100 percent of its annual budget for FY 2024 
less the budget authority for excluded activities. The NRC established 
fee methodology guidelines for 10 CFR part 170 in 1978 and established 
additional fee methodology guidelines for 10 CFR part 171 in 1986. In 
subsequent rulemakings, the NRC has adjusted its fees without changing 
the underlying principles of its fee policy to ensure that the NRC 
continues to comply with the statutory requirements for cost recovery.
    In this proposed rule, the NRC continues this longstanding 
approach. Therefore, the NRC did not identify any alternatives to the 
current fee structure guidelines and did not prepare a regulatory 
analysis for this proposed rule.

[[Page 12772]]

VI. Backfitting and Issue Finality

    The NRC's backfitting provisions (which are found in the 
regulations at Sec. Sec.  50.109, 70.76, 72.62, and 76.76) and issue 
finality provisions of 10 CFR part 52 do not apply to this proposed 
rule 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. As a result, this proposed rule does 
not constitute ``backfitting'' as defined in 10 CFR Ch. I or otherwise 
affect the issue finality of a 10 CFR part 52 approval.

VII. Plain Writing

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

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 any new or amended collections 
of information subject to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501, et seq.). Existing collections of information were 
approved by the Office of Management and Budget, approval number 3150-
0190.

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 2024 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 2023 fee 
rule. The compliance guide was developed when the NRC completed the 
small entity biennial review for FY 2023. The NRC plans to continue to 
use this compliance guide for FY 2024 and has relabeled the compliance 
guide to reflect the current FY. 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 2024 
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.

------------------------------------------------------------------------
                                                ADAMS accession No./FR
                 Documents                        citation/web link
------------------------------------------------------------------------
NUREG-1100, Volume 39, ``Congressional       ML23069A000.
 Budget Justification: Fiscal Year 2024''
 (March 2023).
FY 2024 Proposed Rule Work Papers..........  ML24030A760.
OMB Circular A-25, ``User Charges''........  https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf.
SECY-05-0164, ``Annual Fee Calculation       ML052580332.
 Method,'' dated September 15, 2005.
``Revision of Fee Schedules; Fee Recovery    80 FR 37432.
 for Fiscal Year 2015,'' dated June 30,
 2015.
``Variable Annual Fee Structure for Small    81 FR 32617.
 Modular Reactors,'' dated May 24, 2016.
``Revision of Fee Schedules; Fee Recovery    88 FR 39120.
 for FY 2023,'' dated June 15, 2023.
``Revision of Fee Schedules; 100% Fee        64 FR 31448.
 Recovery for FY 1999,'' dated June 10,
 1999.
Revision of Fee Schedules; Fee Recovery for  67 FR 42612.
 FY 2002,'' dated June 24, 2002.
``Revision of Fee Schedules; Fee Recovery    71 FR 30722.
 for FY 2006,'' dated May 30, 2006.
FY 2024 Regulatory Flexibility Analysis....  ML23342A126.
FY 2024 U.S. Nuclear Regulatory Commission   ML23342A134.
 Small Entity Compliance Guide.
``Plain Language in Government Writing,''    63 FR 31885.
 dated June 10, 1998.
------------------------------------------------------------------------

List of Subjects

10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Confidential business information, 
Freedom of information, Environmental protection, Hazardous waste, 
Nuclear energy, Nuclear materials, Nuclear power plants and reactors, 
Penalties, Reporting and recordkeeping requirements, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

10 CFR Part 15

    Administrative practice and procedure, Claims, Debt collection.

10 CFR Part 37

    Byproduct material, Criminal penalties, Exports, Hazardous 
materials

[[Page 12773]]

transportation, Imports, Licensed material, Nuclear materials, 
Penalties, Radioactive materials, Reporting and recordkeeping 
requirements, Security measures.

10 CFR Part 73

    Criminal penalties, Exports, Hazardous materials transportation, 
Imports, Nuclear energy, Nuclear materials, Nuclear power plants and 
reactors, Penalties, Reporting and recordkeeping requirements, Security 
measures.

10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Exports, Intergovernmental relations, Nuclear 
energy, Nuclear materials, Nuclear power plants and reactors, 
Penalties, Reporting and recordkeeping requirements, Scientific 
equipment.

10 CFR Part 140

    Insurance, Intergovernmental relations, Nuclear materials, Nuclear 
power plants and reactors, Penalties, Reporting and recordkeeping 
requirements.

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 
the following amendments to 10 CFR parts 2, 15, 37, 73, 110, 140, 170 
and 171:

PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 2 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy 
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act 
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy 
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) 
also issued under 28 U.S.C. 2461 note.

0
2. In Sec.  2.205, revise paragraph (i) to read as follows.


Sec.  2.205  Civil Penalties.

* * * * *
    (i) Except when payment is made after compromise or mitigation by 
the Department of Justice or as ordered by a court of the United 
States, following reference of the matter to the Attorney General for 
collection, payment of civil penalties imposed under section 234 of the 
Act are to be made payable to the U.S. Nuclear Regulatory Commission, 
in U.S. funds. The payments are to be made by electronic fund transfer 
using the electronic payment methods accepted at www.Pay.gov. Federal 
agencies may also make payments by Intra-Governmental Payment and 
Collection (IPAC). All payments are to be made in accordance with the 
specific payment instructions provided with Notices of Violation that 
propose civil penalties and Orders Imposing Civil Monetary Penalties.
* * * * *

PART 15--DEBT COLLECTION PROCEDURES

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

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

0
4. In Sec.  15.35, revise paragraph (c) introductory text to read as 
follows:


Sec.  15.35  Payments.

* * * * *
    (c) To whom payment is made. Payment of a debt is to be made 
payable to the U.S. Nuclear Regulatory Commission. The payments are to 
be made in U.S. funds using the electronic payment methods accepted at 
www.Pay.gov. Federal agencies may also make payment by Intra 
Governmental Payment and Collection (IPAC). Payments should be made to 
the U.S. Nuclear Regulatory Commission unless payment is--
* * * * *

PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 
QUANTITIES OF RADIOACTIVE MATERIAL

0
5. The authority citation for part 37 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 11, 53, 81, 103, 
104, 147, 148, 149, 161, 182, 183, 223, 234, 274 (42 U.S.C. 2014, 
2073, 2111, 2133, 2134, 2167, 2168, 2169, 2201, 2232, 2233, 2273, 
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202 (42 
U.S.C. 5841, 5842); 44 U.S.C. 3504 note.

0
6. In Sec.  37.27, revise paragraph (c)(2) to read as follows:


Sec.  37.27  Requirements for criminal history records checks of 
individuals granted unescorted access to category 1 or category 2 
quantities of radioactive material.

* * * * *
    (c) * * *
    (2) Fees for the processing of fingerprint checks are due upon 
application. Licensees shall submit payment made payable to the U.S. 
Nuclear Regulatory Commission. The payments are to be made in U.S. 
funds using the electronic payment methods accepted at www.Pay.gov. For 
guidance on making electronic payments, contact the Division of 
Physical and Cyber Security Policy by emailing 
[email protected]. Combined payment for multiple applications 
is acceptable. The Commission publishes the amount of the fingerprint 
check application fee on the NRC's public website. (To find the current 
fee amount, go to the Licensee Criminal History Records Checks & 
Firearms Background Check information page at https://www.nrc.gov/security/chp.html and see the link for How do I determine how much to 
pay for the request?)
* * * * *

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
7. The authority citation for part 73 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 
161A, 170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 
2167, 2169, 2201, 2201a, 2210d, 2210e, 2210h, 2210i, 2273, 2278a, 
2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 
U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 
(42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.
    Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-
295, 94 Stat. 789 (42 U.S.C. 5841 note).

0
8. In Sec.  73.17, revise paragraph (m)(1) to read as follows:

[[Page 12774]]

Sec.  73.17  Firearms background checks for armed security personnel.

* * * * *
    (m) * * *
    (1) Fees for the processing of firearms background checks are due 
upon application. The fee for the processing of a firearms background 
check consists of a fingerprint fee and a NICS check fee. Licensees 
must submit payment with the application for the processing of 
fingerprints, and payment must be made payable to the U.S. Nuclear 
Regulatory Commission. The payments are to be made in U.S. funds using 
the electronic payment methods accepted at www.Pay.gov. Licensees can 
find fee information for firearms background checks on the NRC's public 
website at https://www.nrc.gov/security/chp.html.
* * * * *
0
9. In Sec.  73.57, revise paragraph (d)(3)(i) to read as follows:


Sec.  73.57   Requirements for criminal history records checks of 
individuals granted unescorted access to a nuclear power facility, a 
non-power reactor, or access to Safeguards Information.

* * * * *
    (d) * * *
    (3) * * *
    (i) Fees for the processing of fingerprint checks are due upon 
application. Licensees shall submit payment with the application for 
the processing of fingerprints, and payment must be made payable to the 
U.S. Nuclear Regulatory Commission. The payments are to be made in U.S. 
funds using the electronic payment methods accepted at www.Pay.gov. 
(For guidance on making payments, contact the Criminal history Program, 
Division of Physical and Cyber Security Policy at 301-415-7513). 
Combined payment for multiple applications is acceptable.
* * * * *

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

0
10. The authority citation for part 110 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57, 
62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126, 
127, 128, 129, 133, 134, 161, 170H, 181, 182, 183, 184, 186, 187, 
189, 223, 234 (42 U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 2093, 
2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153, 
2154, 2155, 2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 2231, 2232, 
2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act 
of 1974, sec. 201 (42 U.S.C. 5841); Administrative Procedure Act (5 
U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note. 
Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C. 2778a; 
50 App. U.S.C. 2401 et seq.

0
11. In Sec.  110.64, revise paragraph (e) to read as follows:


Sec.  110.64  Civil penalty.

* * * * *
    (e) Except when the matter has been referred to the Attorney 
General for collection, payment of penalties shall be made in U.S. 
funds using the electronic payment methods accepted at www.Pay.gov.
* * * * *

PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY 
AGREEMENTS

0
12. The authority citation for part 140 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234 
(42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of 
1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.

0
13. In Sec.  140.7, revise paragraph (d) to read as follows:


Sec.  140.7   Fees.

* * * * *
    (d) Indemnity fee payments are to made payable to the U.S. Nuclear 
Regulatory Commission. The payments are to be made in U.S. funds using 
the electronic payment methods accepted at www.Pay.gov. Federal 
agencies may also make payments by Intra-Governmental Payment and 
Collection (IPAC). Specific instructions for making payments may be 
obtained by contacting the Office of the Chief Financial Officer at 
301-415-7554.

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

0
14. 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.
* * * * *
0
15. In Sec.  170.12, revise paragraph (f) to read as follows:


Sec.  170.12   Payment of Fees.

* * * * *
    (f) Method of payment. All fee payments under this part are to be 
made payable to the U.S. Nuclear Regulatory Commission. The payments 
are to be made in U.S. funds using the electronic payment methods 
accepted at www.Pay.gov. Specific instructions for making 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
16. In Sec.  170.20, remove the dollar amount ``$300'' and add in its 
place the dollar amount ``$321''.
0
17. 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 Material  Full Cost.
         (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 operations  Full Cost.
         \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, 21131, 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].

[[Page 12775]]

 
    C. Licenses for possession and use of       $1,500.
     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].
    D. All other special nuclear material       $3,000.
     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, 22111, 22120,
     22131, 22136, 22150, 22151, 22161, 22170,
     23100, 23300, 23310].
    E. Licenses or certificates for             Full Cost.
     construction and operation of a uranium
     enrichment facility \6\ [Program Code(s):
     21200].
    F. Licenses for possession and use of       Full Cost.
     special nuclear material greater than
     critical mass as defined in Sec.   70.4
     of this chapter, for development and
     testing of commercial products, and other
     non-fuel-cycle activities.4 6 [Program
     Code(s): 22155].
2. Source material: \11\
    A. (1) Licenses for possession and use of   Full Cost.
     source material for refining uranium mill
     concentrates to uranium hexafluoride or
     for deconverting uranium hexafluoride in
     the production of uranium oxides for
     disposal.\6\ [Program Code(s): 11400].
    (2) Licenses for possession and use of      ........................
     source material in recovery operations
     such as milling, in situ recovery, heap-
     leaching, ore buying stations, ion-
     exchange facilities, and in processing of
     ores containing source material for
     extraction of metals other than uranium
     or thorium, including licenses
     authorizing the possession of byproduct
     waste material (tailings) from source
     material recovery operations, as well as
     licenses authorizing the possession and
     maintenance of a facility in a standby
     mode.\6\
        (a) Conventional and Heap Leach         Full Cost.
         facilities \6\ [Program Code(s):
         11100].
        (b) Basic In Situ Recovery facilities   Full Cost.
         \6\ [Program Code(s): 11500].
        (c) Expanded In Situ Recovery           Full Cost.
         facilities \6\ [Program Code(s):
         11510].
        (d) In Situ Recovery Resin facilities   Full Cost.
         \6\ [Program Code(s): 11550].
        (e) Resin Toll Milling facilities \6\   Full Cost.
         [Program Code(s): 11555].
        (f) Other facilities \6\ [Program       Full Cost.
         Code(s): 11700].
    (3) Licenses that authorize the receipt of  Full Cost.
     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  Full Cost.
     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             $1,400.
     possession, use, and/or installation of
     source material for shielding.7 8
     Application [Program Code(s): 11210].
    C. Licenses to distribute items containing  $6,900.
     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   $3,200.
     to persons generally licensed under part
     40 of this chapter. Application [Program
     Code(s): 11230, 11231].
    E. Licenses for possession and use of       $3,100.
     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.      $3,100.
     Application [Program Code(s): 11200,
     11220, 11221, 11300, 11800, 11810, 11820].
3. Byproduct material: \11\
    A. Licenses of broad scope for the          $15,000.
     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    $20,000.
         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    $25,000.
         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    $4,100.
     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  $5,500.
         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  $6,900.
         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 Sec.  Sec.         $6,000.
     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,
     02511, 02513].
        (1). Licenses issued under Sec.  Sec.   $8,000.
          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): 04210, 04212,
         04214].

[[Page 12776]]

 
        (2). Licenses issued under Sec.  Sec.   $10,000.
          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): 04211,
         04213, 04215].
    D. [Reserved].............................  N/A.
    E. Licenses for possession and use of       $3,700.
     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  $7,500.
     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       $71,700.
     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  $7,700.
     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  $11,800.
     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  $2,300.
     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  $1,300.
     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   $6,300.
     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         $8,400.
         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         $10,500.
         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    $9,600.
     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       $10,300.
         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       $11,700.
     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    $15,500.
         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    $19,500.
         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    $7,900.
     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       $10,600.
         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       $13,200.
         material licenses, except those in
         Categories 4.A. through 9.D.\9\
         Number of locations of use: more than
         20. Application [Program Code(s):
         04411, 04413, 04415, 04417, 04419,
         04421, 04423, 04425, 04427, 04429,
         04431, 04433, 04435, 04437, 04439].
    Q. Registration of a device(s) generally    ........................
     licensed under part 31 of this chapter.
    Registration..............................  $2,200.
    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   $3,000.
         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): 02700].

[[Page 12777]]

 
        2. Possession of quantities exceeding   $2,900.
         10 times the number of items or
         limits specified in Sec.
         31.12(a)(4) or (5) of this chapter.
         Application [Program Code(s): 02710].
    S. Licenses for production of accelerator-  $16,400.
     produced radionuclides. Application
     [Program Code(s): 03210].
4. Waste disposal and processing: \11\
    A. Licenses specifically authorizing the    Full Cost.
     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    $8,000.
     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    $5,800.
     receipt of prepackaged waste byproduct
     material, source material, or special
     nuclear material from other persons. The
     licensee will dispose of the material by
     transfer to another person authorized to
     receive or dispose of the material.
     Application [Program Code(s): 03232].
5. Well logging: \11\
    A. Licenses for possession and use of       $5,300.
     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       Full Cost.
     byproduct material for field flooding
     tracer studies. Licensing [Program
     Code(s): 03113].
6. Nuclear laundries: \11\
    A. Licenses for commercial collection and   $25,600.
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material. Application
     [Program Code(s): 03218].
7. Medical licenses: \11\
    A. Licenses issued under parts 30, 35, 40,  $12,900.
     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. Number of
     locations of use: 1-5. Application
     [Program Code(s): 02300, 02310].
        (1). Licenses issued under parts 30,    $17,100.
         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. Number of locations of use:
         6-20. Application [Program Code(s):
         04510, 04512].
        (2). Licenses issued under parts 30,    $21,300.
         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. Number of locations of use:
         more than 20. Application [Program
         Code(s): 04511, 04513].
    B. Licenses of broad scope issued to        $10,000.
     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  $13,300.
         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  $16,600.
         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,    $11,000.
     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.\10\
     Number of locations of use: 1-5.
     Application [Program Code(s): 02120,
     02121, 02200, 02201, 02210, 02220, 02230,
     02231, 02240, 22160].
        (1). Other licenses issued under parts  $14,600.
         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.\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  $18,300.
         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.\10\
         Number of locations of use: more than
         20. Application [Program Code(s):
         04811,04813, 04815, 04817, 04819,
         04821,04823, 04825, 04827, 04829].

[[Page 12778]]

 
8. Civil defense: \11\
    A. Licenses for possession and use of       $3,000.
     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          $23,500.
     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          $10,400.
     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      $6,100.
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel, for commercial
     distribution. Application--each source.
    D. Safety evaluation of sealed sources      $1,200.
     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    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.......................  $4,500.
            Inspections.......................  Full Cost.
        2. Users.                               ........................
            Application.......................  $4,500.
            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- Full Cost.
 application/licensing activities, and
 inspections. Application [Program Code:
 25110].
13. A. Spent fuel storage cask Certificate of   Full Cost.
 Compliance.
    B. Inspections related to storage of spent  Full Cost.
     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  N/A.
         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
         amendment; or license exemption
         request.
        B. Application for export or import of  N/A.
         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    N/A.
         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  N/A.
         nuclear material not requiring
         Commission or Executive Branch
         review, or obtaining foreign
         government assurances. Application--
         new license, or amendment; or license
         exemption request.
        E. Minor amendment of any active        N/A.
         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     N/A.
     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 amendment;
     or license exemption request.
    G. Application for export of appendix P     N/A.
     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.

[[Page 12779]]

 
    H. Application for export of appendix P     N/A.
     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- N/A.
     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     N/A.
     Category 2 materials requiring Commission
     review (e.g., exceptional circumstance
     review under Sec.   110.42(e)(4) of this
     chapter). Application--new license, or
     amendment; or license exemption request.
    K. Applications for export of appendix P    N/A.
     Category 2 materials requiring Executive
     Branch review. Application--new license,
     or amendment; or license exemption
     request.
    L. Application for the export of Category   N/A.
     2 materials. Application--new license, or
     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     N/A.
     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  $3,900.
 conduct activities under the reciprocity
 provisions of Sec.   150.20 of this chapter.
 Application.
17. Master materials licenses of broad scope    Full Cost.
 issued to Government agencies. Application
 [Program Code(s): 03614].
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 Control  Full Cost.
     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).
(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.

[[Page 12780]]

 
\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
18. 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
19. In Sec.  171.15, revise paragraphs (b)(1), (b)(2) introductory 
text, (c)(1), (c)(2) introductory text, and paragraph (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 2024 annual fee for each operating power reactor that 
must be collected by September 30, 2024, is $5,488,000.
    (2) The FY 2024 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 2024 base annual fee for 
operating power reactors are as follows:
* * * * *
    (c)(1) The FY 2024 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 $330,000.
    (2) The FY 2024 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 2024 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
    (e) The FY 2024 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 $97,700.
0
20. In Sec.  171.16, revise paragraphs (b) introductory text, (c), 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 2024 annual fee is comprised of a base annual fee and 
associated additional charges. The base FY 2024 annual fee is the sum 
of budgeted costs for the following activities:
* * * * *
    (c) A licensee who is required to pay an annual fee under this 
section, in addition to 10 CFR part 72 licenses, may qualify as a small 
entity. If a licensee qualifies as a small entity and provides the 
Commission with the proper certification along with its annual fee 
payment, the licensee may pay reduced annual fees as shown in table 1 
to this paragraph (c). Failure to file a small entity certification in 
a timely manner could result in the receipt of a delinquent invoice 
requesting the outstanding balance due and/or denial of any refund that 
might otherwise be due. The small entity fees are as follows:

                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
                                                              Maximum
                                                            annual fee
             NRC small entity classification               per licensed
                                                             category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
 gross receipts over the last 5 completed fiscal years):
    $555,000 to $8 million..............................          $5,200
    Less than $555,000..................................           1,000
Small Not-For-Profit Organizations (Annual Gross
 Receipts):
    $555,000 to $8 million..............................           5,200
    Less than $555,000..................................           1,000
Manufacturing Entities that Have an Average of 500
 Employees or Fewer:
    35 to 500 employees.................................           5,200
    Fewer than 35 employees.............................           1,000
Small Governmental Jurisdictions (Including publicly
 supported educational institutions) (Population):
    20,000 to 49,999....................................           5,200
    Fewer than 20,000...................................           1,000
Educational Institutions that are not State or Publicly
 Supported, and have 500 Employees or Fewer:
    35 to 500 employees.................................           5,200
    Fewer than 35 employees.............................           1,000
------------------------------------------------------------------------


[[Page 12781]]

    (d) The FY 2024 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.
        (a) Strategic Special Nuclear Material (High          $6,307,000
         Enriched Uranium) \15\ [Program Code(s):
         21213]......................................
        (b) Low Enriched Uranium in Dispersible Form           2,138,000
         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\            1,762,000
         [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, 21131, 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                  3,400
     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,                9,600
     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           2,748,000
     a uranium enrichment facility \15\ [Program
     Code(s): 21200].................................
    F. Licenses for possession and use of special                  5,900
     nuclear materials greater than critical mass, as
     defined in Sec.   70.4 of this chapter, for
     development and testing of commercial products,
     and other non-fuel cycle activities.\4\ [Program
     Code: 22155]....................................
2. Source material:
    A. (1) Licenses for possession and use of source           1,339,000
     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\                54,300
         [Program Code(s): 11500]....................
        (c) Expanded In Situ Recovery facilities \15\                N/A
         [Program Code(s): 11510]....................
        (d) In Situ Recovery Resin facilities.\15\               \5\ N/A
         [Program Code(s): 11550]....................
        (e) Resin Toll Milling facilities.\15\                   \5\ N/A
         [Program Code(s): 11555]....................
        (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,               3,700
     and/or installation of source material for
     shielding.16 17 Application [Program Code(s):
     11210]..........................................
    C. Licenses to distribute items containing source             14,100
     material to persons exempt from the licensing
     requirements of part 40 of this chapter.
     [Program Code: 11240]...........................
    D. Licenses to distribute source material to                   7,000
     persons generally licensed under part 40 of this
     chapter. [Program Code(s): 11230 and 11231].....
    E. Licenses for possession and use of source                   8,900
     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               11,800
     Code(s): 11200, 11220, 11221, 11300, 11800,
     11810, 11820]...................................
3. Byproduct material:
    A. Licenses of broad scope for possession and use             37,900
     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                      50,400
         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                      63,000
         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]...............................

[[Page 12782]]

 
    B. Other licenses for possession and use of                   12,900
     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             17,100
         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: 6-20. [Program Code(s): 04110,
         04112, 04114, 04116]........................
        (2). Other licenses for possession and use of             21,300
         byproduct material issued under part 30 of
         this chapter for processing or manufacturing
         of items containing byproduct material for
         commercial distribution. Number of locations
         of use: more than 20. [Program Code(s):
         04111, 04113, 04115, 04117].................
    C. Licenses issued under Sec.  Sec.   32.72 and/              12,900
     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) of this chapter. Number of
     locations of use: 1-5. [Program Code(s): 02500,
     02511, 02513]...................................
        (1). Licenses issued under Sec.  Sec.   32.72             17,100
         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             23,500
         and/or 32.74 of this chapter that authorize
         the processing or manufacturing and
         distribution or redistribution of
         radiopharmaceuticals, generators, reagent
         kits, and/or sources and devices containing
         byproduct material. This category does not
         apply to licenses issued to nonprofit
         educational institutions whose processing or
         manufacturing is exempt under Sec.
         170.11(a)(4). Number of locations of use:
         more than 20. [Program Code(s): 04211,
         04213, 04215]...............................
    D. [Reserved]....................................            \5\ N/A
    E. Licenses for possession and use of byproduct               12,200
     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               12,400
     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                105,300
     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              12,900
     this chapter to distribute items containing
     byproduct material that require device review to
     persons exempt from the licensing requirements
     of part 30 of this chapter, except specific
     licenses authorizing redistribution of items
     that have been authorized for distribution to
     persons exempt from the licensing requirements
     of part 30 of this chapter. [Program Code(s):
     03254, 03255, 03257]............................
    I. Licenses issued under subpart A of part 32 of              19,000
     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               4,900
     this chapter to distribute items containing
     byproduct material that require sealed source
     and/or device review to persons generally
     licensed under part 31 of this chapter, except
     specific licenses authorizing redistribution of
     items that have been authorized for distribution
     to persons generally licensed under part 31 of
     this chapter. [Program Code(s): 03240, 03241,
     03243]..........................................
    K. Licenses issued under subpart B of part 32 of               3,600
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require sealed source and/
     or device review to persons generally licensed
     under part 31 of this chapter, except specific
     licenses authorizing redistribution of items
     that have been authorized for distribution to
     persons generally licensed under part 31 of this
     chapter. [Program Code(s): 03242, 03244]........
    L. Licenses of broad scope for possession and use             17,600
     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                23,300
         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                29,100
         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                   18,400
     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                 20,200
     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].

[[Page 12783]]

 
    O. Licenses for possession and use of byproduct               43,900
     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                   58,300
         byproduct material issued under part 34 of
         this chapter for industrial radiography
         operations. This category also includes the
         possession and use of source material for
         shielding authorized under part 40 of this
         chapter when authorized on the same license.
         Number of locations of use: 6-20. [Program
         Code(s): 04310, 04312]......................
        (2). Licenses for possession and use of                   73,100
         byproduct material issued under part 34 of
         this chapter for industrial radiography
         operations. This category also includes the
         possession and use of source material for
         shielding authorized under part 40 of this
         chapter when authorized on the same license.
         Number of locations of use: more than 20.
         [Program Code(s): 04311, 04313].............
    P. All other specific byproduct material                      14,500
     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                19,500
         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                24,300
         licenses, except those in Categories 4.A.
         through 9.D.\18\ Number of locations of use:
         more than 20. [Program Code(s): 04411,
         04413, 04415, 04417, 04419, 04421, 04423,
         04425, 04427, 04429, 04431, 04433, 04435,
         04437, 04439]...............................
    Q. Registration of devices generally licensed               \13\ N/A
     under part 31 of this chapter...................
    R. Possession of items or products containing      .................
     radium-226 identified in 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                8,400
         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                 8,800
         times 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-                    35,100
     produced radionuclides. [Program Code(s): 03210]
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt              27,200
     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              20,300
     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              12,100
     of prepackaged waste byproduct material, source
     material, or special nuclear material from other
     persons. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the
     material. [Program Code(s): 03232]..............
5. Well logging:
    A. Licenses for possession and use of byproduct               16,300
     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             39,400
     of 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             37,600
     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 17 Number of locations of
     use: 1-5. [Program Code(s): 02300, 02310].......
        (1). Licenses issued under parts 30, 35, 40,              50,100
         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 17 Number of locations of use: 6-
         20. [Program Code(s): 04510, 04512].........
        (2). Licenses issued under parts 30, 35, 40,              62,500
         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 17 Number of locations of use:
         more than 20. [Program Code(s): 04511,
         04513]......................................

[[Page 12784]]

 
    B. Licenses of broad scope issued to medical                  53,100
     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 17 Number of locations of use: 1-
     5. [Program Code(s): 02110].....................
        (1). Licenses of broad scope issued to                    70,700
         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 17 Number
         of locations of use: 6-20. [Program Code(s):
         04710]......................................
        (2). Licenses of broad scope issued to                    88,200
         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 17 Number
         of locations of use: more than 20. [Program
         Code(s): 04711].............................
    C. Other licenses issued under parts 30, 35, 40,              21,400
     and 70 of this chapter for human use of
     byproduct material, source material, and/or
     special nuclear material, except licenses for
     byproduct material, source material, or special
     nuclear material in sealed sources contained in
     teletherapy devices. This category also includes
     the possession and use of source material for
     shielding when authorized on the same license.9
     17 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,                28,500
         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 17 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,                36,600
         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 17 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                8,400
     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             29,600
     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             13,100
     of devices or products containing byproduct
     material, source material, or special nuclear
     material manufactured in accordance with the
     unique specifications of, and for use by, a
     single applicant, except reactor fuel devices...
    C. Registrations issued for the safety evaluation              7,700
     of sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial
     distribution....................................
    D. Registrations issued for the safety evaluation              1,500
     of sealed sources containing byproduct material,
     source material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel..................
    10. Transportation of radioactive material:
        A. Certificates of Compliance or other
         package approvals issued for design of
         casks, packages, and shipping containers.
            1. Spent Fuel, High-Level Waste, and                 \6\ N/A
             plutonium air packages..................
            2. Other Casks...........................            \6\ N/A
        B. Quality assurance program approvals issued
         under part 71 of this chapter.
            1. Users and Fabricators.................            \6\ N/A
            2. Users.................................            \6\ N/A
        C. Evaluation of security plans, route                   \6\ N/A
         approvals, 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                    \6\ N/A
 Compliance..........................................
    B. General licenses for storage of spent fuel               \12\ N/A
     under 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              457,000
 to Government agencies.\15\ [Program Code(s): 03614]

[[Page 12785]]

 
18. Department of Energy:
    A. Certificates of Compliance....................     \10\ 2,174,000
    B. Uranium Mill Tailings Radiation Control Act               271,000
     (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 parts 30, 40, 70, 71, 72, or 76 of this chapter.
\3\ Each FY, fees for these materials licenses will be calculated and
  assessed in accordance with Sec.   171.13 and will be published in the
  Federal Register for notice and comment.
\4\ Other facilities include licenses for extraction of metals, heavy
  metals, and rare earths.
\5\ There are no existing NRC licenses in these fee categories. If NRC
  issues a license for these categories, the Commission will consider
  establishing an annual fee for this type of license.
\6\ Standardized spent fuel facilities, 10 CFR parts 71 and 72
  Certificates of Compliance and related Quality Assurance program
  approvals, and special reviews, such as topical reports, are not
  assessed an annual fee because the generic costs of regulating these
  activities are primarily attributable to users of the designs,
  certificates, and topical reports.
\7\ Licensees in this category are not assessed an annual fee because
  they are charged an annual fee in other categories while they are
  licensed to operate.
\8\ No annual fee is charged because it is not practical to administer
  due to the relatively short life or temporary nature of the license.
\9\ Separate annual fees will not be assessed for pacemaker licenses
  issued to medical institutions that also hold nuclear medicine
  licenses under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2,
  7.C, 7.C.1, or 7.C.2.
\10\ This includes Certificates of Compliance issued to the DOE 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.A, 7.A.1, 7.A.2, 7.B, 7.B.1, 7.B.2,
  7.C, 7.C.1, or 7.C.2 are not subject to fees under 2.B. for possession
  and shielding authorized on the same license.
\18\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
  authorized on the same license.
\19\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
  to paying fees under 7.C., 7.C.1, or 7.C.2 for broad scope license
  licenses issued under parts 30, 35, 40, and 70 of this chapter for
  human use of byproduct material, source material, and/or special
  nuclear material, except licenses for byproduct material, source
  material, or special nuclear material in sealed sources contained in
  teletherapy devices authorized on the same license.
\20\ No annual fee is charged for a materials license (or part of a
  materials license) that has transitioned to this fee category because
  the decommissioning costs will be recovered through 10 CFR part 170
  fees, but annual fees may be charged for other activities authorized
  under the license that are not in decommissioning status.
\21\ Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to
  paying fees under 3.N. licenses that authorize services for other
  licensees authorized on the same license.

* * * * *
0
21. In Sec.  171.19, revise paragraph (a) to read as follows.


Sec.  171.19  Payment.

* * * * *
    (a) Method of payment. All annual fee payments under this part are 
to be made payable to the U.S. Nuclear Regulatory Commission. The 
payments are to be made in U.S. funds using the electronic payment 
methods accepted at www.Pay.gov. Federal agencies may also make payment 
by IntraGovernmental Payment and Collection (IPAC). Specific 
instructions for making 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.
* * * * *

    Dated: February 5, 2024.

    For the Nuclear Regulatory Commission.

Jennifer M. Golder,
Acting Chief Financial Officer.
[FR Doc. 2024-03231 Filed 2-16-24; 8:45 am]
BILLING CODE 7590-01-P

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