[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35809-35836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14589]



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  Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules 
and Regulations  

[[Page 35809]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2011-0207]
RIN 3150-AJ03


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2012

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is amending the licensing, inspection, and annual fees charged to its 
applicants and licensees. The amendments are necessary to implement the 
Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which 
requires the NRC to recover through fees approximately 90 percent of 
its budget authority in fiscal year (FY) 2012, not including amounts 
appropriated for Waste Incidental to Reprocessing (WIR) and amounts 
appropriated for generic homeland security activities. Based on the 
Consolidated Appropriations Act of 2012, signed by President Obama on 
December 23, 2011, the NRC's required fee recovery amount for the FY 
2012 budget is $1,038.1 million. After accounting for billing 
adjustments, the total amount to be billed as fees to licensees is $901 
million.

DATES: This rule is effective on August 14, 2012.

ADDRESSES: Please refer to Docket ID NRC-2011-0207 when contacting the 
NRC about the availability of information for this final rule. You may 
access information and comment submittals related to this final 
rulemaking, which the NRC possesses and is publicly available, by any 
of the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0207.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the section of this notice 
entitled, Availability of Documents.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Arlette Howard, Office of the Chief 
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1481, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Response to Comments
III. Final Action
    A. Amendments to Title 10 of the Code of Federal Regulations (10 
CFR) Part 170: Fees for Facilities, Materials, Import and Export 
Licenses, and Other Regulatory Services Under the Atomic Energy Act 
of 1954, as Amended
    B. Amendments to 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
IV. Plain Writing
V. Availability of Documents
VI. Voluntary Consensus Standards
VII. Environmental Impact: Categorical Exclusion
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Analysis
XI. Backfit Analysis
XII. Congressional Review Act

I. Background

    Over the past 40 years the NRC (and earlier as the Atomic Energy 
Commission (AEC), the NRC's predecessor agency), has assessed and 
continues to assess fees to applicants and licensees to recover the 
cost of its regulatory program. The NRC's cost recovery principles for 
fee regulation are governed by two major laws, the Independent Offices 
Appropriations Act of 1952 (IOAA) (31 U.S.C. 483 (a)) and OBRA-90 (42 
U.S.C. 2214), as amended. The NRC is required each year, under OBRA-90, 
as amended, to recover approximately 90 percent of its budget 
authority, not including amounts appropriated for WIR, and amounts 
appropriated for generic homeland security activities (non-fee items), 
through fees to NRC licensees and applicants. The following discussion 
explains the various court decisions, congressional mandates and 
Commission policy which form the basis for the NRC's current fee policy 
and cost recovery methodology, which in turn form the basis for this 
rulemaking.

Establishment of Fee Policy and Cost Recovery Methodology

    In 1968, the AEC adopted its first license fee schedule in response 
to Title V of the IOAA. This statute authorized and encouraged Federal 
regulatory agencies to recover to the fullest extent possible costs 
attributable to services provided to identifiable recipients. The AEC 
established fees under 10 CFR part 170 in two sections, Sec.  170.21 
and Sec.  170.31. Section 170.21 established a flat application fee for 
filing applications for nuclear power plant construction permits. Fees 
were set by a sliding scale for construction permits and operating 
license fees depending on plant size and annual fees were levied on 
holders of Commission operating licenses under 10 CFR part 50. Section 
170.31 established application fees and annual fees for materials 
licenses. Between 1971 and 1973, the 10 CFR part 170 fee schedules were 
adjusted to account for increased costs resulting from expanded 
services which included health and safety inspection services and 
manufacturing licenses and environmental and antitrust reviews. The 
annual fees assessed by the Commission began to include

[[Page 35810]]

inspection costs and the material fee schedule expanded from 16 to 28 
categories for fee assessment. During this period, the schedules 
continued to be modified based on the Commission's policy to recover 
costs attributable to identifiable beneficiaries for the processing of 
applications, permits and licenses, amendments to existing licenses, 
and health and safety inspections relating to the licensing process.
    On March 4, 1974, the U.S. Supreme Court rendered major decisions 
in two cases, National Cable Television Association, Inc. v. United 
States, 415 U.S. 36 (1974) and Federal Power Commission v. New England 
Power Company, 415 U.S. 345 (1974), regarding the charging of fees by 
Federal agencies. The Court held that the IOAA authorizes an agency to 
charge fees for special benefits rendered to identifiable persons 
measured by the ``value to the recipient'' of the agency service. The 
Court, thus, invalidated the Federal Power Commission's annual fee rule 
because its fee structure assessed annual fees against the regulated 
industry at large without considering whether anyone had received 
benefits from any Commission services during the year in question. As a 
result of these decisions, the AEC promptly eliminated annual licensing 
fees and issued refunds to licensees, but left the remainder of the fee 
schedule unchanged.
    In November 1974, the AEC published proposed revisions to its 
license fee schedule (39 FR 39734; November 11, 1974). The Commission 
reviewed public comments while simultaneously considering alternative 
approaches for the proper evaluation of expanding services and proper 
assessment based upon increasing costs of Commission services.
    While this effort was under way, the Court of Appeals for the 
District of Columbia issued four opinions in fee cases--National Cable 
Television Assoc. v. FCC, 554 F.2d 1094 (D.C. Cir. 1976); National 
Association of Broadcasters v. FCC, 554 F.2d 1118 (D.C. Cir. 1976); 
Electronic Industries Association v. FCC, 554 F.2d 1109 (D.C. Cir. 
1976); and Capital Cities Communication, Inc. v. FCC, 554 F.2d 1135 
(D.C. Cir. 1976). These decisions invalidated the license fee schedules 
promulgated by the Federal Communications Commission, and they provided 
the AEC with additional guidance for the prompt adoption and 
promulgation of an updated licensee fee schedule.
    On January 19, 1975, under the Energy Reorganization Act of 1974, 
the licensing and related regulatory functions of the AEC were 
transferred to the NRC. The NRC, prompted by recent court decisions 
concerning fee policy, developed new guidelines for use in fee 
development and the establishment of a new proposed fee schedule.
    The NRC published a summary of guidelines as a proposed rule (42 FR 
22149; May 2, 1977), and the Commission held a public meeting to 
discuss the notice on May 12, 1977. A summary of the comments on the 
guidelines and the NRC's responses were published in the Federal 
Register (43 FR 7211; February 21, 1978).
    The U.S. Court of Appeals for the Fifth Circuit upheld the 
Commission's fee guidelines on August 24, 1979, in Mississippi Power 
and Light Co. v. U.S. Nuclear Regulatory Commission, 601 F.2d 223 (5th 
Cir. 1979), cert. denied, 444 U.S. 1102 (1980). This court held that--
    (1) The NRC had the authority to recover the full cost of providing 
services to identifiable beneficiaries;
    (2) The NRC could properly assess a fee for the costs of providing 
routine inspections necessary to ensure a licensee's compliance with 
the Atomic Energy Act of 1954, as amended, and with applicable 
regulations;
    (3) The NRC could charge for costs incurred in conducting 
environmental reviews required by the National Environmental Policy Act 
(42 U.S.C. 4321);
    (4) The NRC properly included the costs of uncontested hearings and 
of administrative and technical support services in the fee schedule;
    (5) The NRC could assess a fee for renewing a license to operate a 
low-level radioactive waste burial site; and
    (6) The NRC's fees were not arbitrary or capricious.

The NRC's Current Statutory Requirement for Cost Recovery Through Fees

    In 1986, Congress passed the Consolidated Omnibus Budget 
Reconciliation Act (COBRA) (H.R. 3128), which required the NRC to 
assess and collect annual charges from persons licensed by the 
Commission. These charges, when added to other amounts collected by the 
NRC, totaled about 33 percent of the NRC's estimated budget. In 
response to this mandate and separate congressional inquiry on NRC 
fees, the NRC prepared a report on alternative approaches to annual 
fees and published the decision on annual fees for power reactor 
operating licenses in 10 CFR part 171 for public comment (51 FR 24078; 
July 1, 1986). The final rule (51 FR 33224; September 18, 1986) 
included a summary of the comments and the NRC's related responses. The 
decision was challenged in the D.C. Circuit and upheld in its entirety 
in Florida Power and Light Company v. United States, 846 F.2d 765 (D.C. 
Cir. 1988), cert. denied, 490 U.S. 1045 (1989).
    In 1987, the NRC retained the established annual and 10 CFR part 
170 fee schedules in the Federal Register (51 FR 33224; September 18, 
1986).
    In 1988, the NRC was required to collect 45 percent of its budget 
authority through fees. The NRC published a proposed rule that included 
an hourly increase recommendation for public comment in the Federal 
Register (53 FR 24077; June 27, 1988). The NRC staff could not properly 
consider all comments received on the proposed rule. Therefore, on 
August 12, 1988, the NRC published an interim final rule in the Federal 
Register (53 FR 30423). The interim final rule was limited to changing 
the 10 CFR part 171 annual fees.
    In 1989, the Commission was required to collect 45 percent of its 
budget authority through fees. The NRC published a proposed fee rule in 
the Federal Register (53 FR 24077; June 25, 1988). A summary of the 
comments and the NRC's related responses were published in the Federal 
Register (53 FR 52632; December 28, 1988).
    On November 5, 1990, with respect to 10 CFR part 171, the Congress 
passed OBRA-90, requiring that the NRC collect 100 percent of its 
budget authority, less appropriations from the Nuclear Waste Fund 
(NWF), through the assessment of fees. The OBRA-90 allowed the NRC to 
collect user fees for the recovery of the costs of providing special 
benefits to identifiable applicants and licensees in compliance with 10 
CFR part 170 and under the authority of the IOAA (31 U.S.C. 9701). 
These fees recovered the cost of inspections, applications for new 
licenses and license renewals, and requests for license amendments. The 
OBRA-90 also allowed the NRC to recover annual fees under 10 CFR part 
171 for generic regulatory costs not otherwise recovered through 10 CFR 
part 170 fees. In compliance with OBRA-90, the NRC adjusted its fee 
regulations in 10 CFR part 170 and 171 to be more comprehensive without 
changing their underlying basis. The NRC published these regulations in 
a proposed rule for public comment in the Federal Register (54 FR 
49763; December 1, 1989). The NRC held three public meetings to discuss 
the proposed changes and questions. A summary of comments and the NRC's 
related responses were published in the Federal Register (55 FR 21173; 
May 23, 1990).

[[Page 35811]]

    In FYs 1991-2000, the NRC continued to comply with OBRA-90 
requirements in its proposed and final rules. In 1991, the NRC's annual 
fee rule methodology was challenged and upheld by the D.C. Circuit 
Court of Appeals in Allied Signal v. NRC, 988 F.2d 146 (D.C. Cir. 
1993).
    The FY 2001 Energy and Water Development Appropriation Act amended 
OBRA-90 to decrease the NRC's fee recovery amount by 2 percent per year 
beginning in FY 2001, until the fee recovery amount was 90 percent in 
FY 2005.
    The FY 2006 Energy and Water Development Appropriation Act extended 
this 90 percent fee recovery requirement for FY 2006. Section 637 of 
the Energy Policy Act of 2005 made the 90 percent fee recovery 
requirement permanent in FY 2007.
    In addition to the requirements of OBRA-90, as amended, the NRC was 
also required to comply with the requirements of the Small Business 
Regulatory Enforcement Fairness Act of 1996. This Act encouraged small 
businesses to participate in the regulatory process, and required 
agencies to develop more accessible sources of information on 
regulatory and reporting requirements for small businesses and create a 
small entity compliance guide. The NRC, in order to ensure equitable 
fee distribution among all licensees, developed a fee methodology 
specifically for small entities that consisted of a small entity 
definition and the Small Business Administration's most common 
receipts-based size standards as described under the North American 
Industry Classification System (NAICS) identifying industry codes. The 
NAICS is the standard used by Federal statistical agencies to classify 
business establishments for the purposes of collecting, analyzing, and 
publishing statistical data related to the U.S. business economy. The 
purpose of this fee methodology was to lessen the financial impact on 
small entities through the establishment of a maximum fee at a reduced 
rate for qualifying licensees.
    In FY 2009, the NRC computed the small entity fee based on a 
biennial adjustment of 39 percent, a fixed percent applied to the prior 
2-year weighted average for all fee categories that have small entity 
licensees. The NRC also used 39 percent to compute the small entity 
annual fee for FY 2005, the same year the agency was required to 
recover only 90 percent of its budget authority. The methodology 
allowed small entity licensees to be able to predict changes in their 
fees in the biennial year based on the materials users' fees for the 
previous 2 years. Using a 2-year weighted average lessened the 
fluctuations caused by programmatic and budget variables within the fee 
categories for the majority of small entities.
    The agency also determined that there should be a lower-tier annual 
fee based on 22 percent of the maximum small entity annual fee to 
further reduce the impact of fees. In FY 2011, the NRC applied this 
methodology which would have resulted in an upper-tier small entity fee 
of $3,300, an increase of 74 percent or $1,400 from FY 2009, and a 
lower-tier small entity fee of $700, an increase of 75 percent or $300 
from FY 2009. The NRC determined that implementing this increase would 
have a disproportionate impact upon small licensees and performed a 
trend analysis to calculate the appropriate fee tier levels. From FY 
2000 to FY 2008, $2,300 was the maximum upper-tier small entity fee and 
$500 was the maximum lower-tier small entity fee. Therefore, in order 
to lessen financial hardship for small entity licensees, the NRC 
concluded that for FY 2011 $2,300 should be the maximum upper-tier 
small entity fee and $500 should be the lower-tier small entity fee. 
For this fee rule, the small entity fees remain unchanged. The next 
small entity biennial review is scheduled for FY 2013.

II. Response to Comments

    The NRC published the FY 2012 proposed fee rule on March 15, 2012 
(77 FR 15530) to solicit public comment on its proposed revisions to 10 
CFR parts 170 and 171. By the close of the comment period (April 16, 
2012), the NRC received responses from eight commenters that were 
considered in this fee rulemaking. The majority of the comments were 
received from the uranium industry in addition to comments received 
from the nuclear power industry, the materials industry, and small 
entities. The comments have been grouped by issues and are addressed in 
a collective response.

A. Specific Part 170 Issues

1. Hourly Rate
    Comment. The NRC staff received the following comments from the 
uranium recovery industry regarding the hourly rate. Several commenters 
stated they would be adversely impacted by the higher hourly rate in 
the form of larger invoices for the NRC staff's expended time during 
the license application and submittal review process. The commenters 
attributed the higher review costs to the NRC's regulatory process, 
which they believe has not improved as promised with the implementation 
of NUREG-1910--Generic Environment Impact Statement (GEIS) for In Situ 
Leach Uranium Milling Facilities, the Memorandum of Understanding (MOU) 
between the Commission and the Bureau of Land Management (BLM) (ADAMS 
Accession No. ML093430201), and performance based licensing which has 
resulted in delayed licensing application submittals and reviews. One 
commenter suggested the NRC should redouble its efforts to capitalize 
on GEIS. Another commenter stated the NRC should do more to ensure 
better implementation of the NRC/BLM MOU. The commenters suggested the 
NRC should expand performance based licensing because the risk posed by 
uranium recovery licensees is low based on materials handled, and an 
expansion would allow the use of Safety and Environmental Review Panels 
to approve certain actions, ultimately resulting in cost savings to 
licensees. Another commenter suggested, for example, that expending 
$150,000 and considerable time for the initial phase of a 
preoperational inspection for an existing facility is excessive. One 
commenter recommended that the NRC review the staff levels assigned to 
different activities and compare them to the risk to public health and 
the environment. Another commenter suggested the NRC improve the 
efficiency of the review processes and pass the realized gains in 
efficiency, in the form of decreased fees, to licensees. Several 
commenters stated the NRC should effectively manage resources to 
process new applications along with existing applications including 
proposed expansion projects. Another commenter suggested the NRC should 
move forward to provide a draft rule for public comment concerning 
Section 106 of the National Historic Preservation Act, and should look 
to other Federal agencies, such as the BLM, for best practices in the 
processing of 106 reviews. Several commenters recommended that the NRC, 
upon the completion of acceptance reviews, provide costs estimates for 
submittal reviews which detail the approximate staff hours required to 
review the submittal. The commenters stated the NRC should create a 
schedule of costs for common tasks which would include the approximate 
costs of performing tasks such as reviewing and approving surety, 
thereby enabling licensees to better budget for reviews by the NRC 
staff.

[[Page 35812]]

    Response. Regarding the inefficiency of in situ leach GEIS, the NRC 
disagrees with the commenters because GEIS has reduced the amount of 
work required to prepare the site-specific supplemental environmental 
impact statements. The reduction was a result of the GEIS focusing on 
targeting issues of importance at each in situ leach facility. 
Additionally, the GEIS eliminated the need for public scoping. However, 
the Section 106 Tribal consultation process remains extensive for many 
NRC reviews due to many uranium recovery facilities located on or near 
land deemed important by many Indian tribes. The NRC is currently in 
the process of developing high level, agency-wide Section 106 guidance, 
which will eventually be made available to the public in the near 
future.
    Regarding improving the implementation of the MOU for uranium 
recovery facilities, the NRC disagrees with the commenters because the 
NRC strongly supports the collaborative effort between the NRC and the 
BLM to foster effective communication between the two agencies and 
identify agency roles and responsibilities as they relate to the 
exchange of information concerning uranium recovery projects. The NRC 
recognizes certain applications have seen benefits from the enhanced 
cooperation realized by the MOU. However, it is the applicant's 
responsibility to ensure that both the BLM and the NRC receive the 
appropriate information at the same time; otherwise, cooperation on an 
environmental document is not feasible.
    In reference to comments on the expansion of performance based 
licensing for uranium recovery facilities, the NRC disagrees with the 
commenters. Each license contains a list of criteria for determining 
whether or not an action requires a license condition. Uranium recovery 
licensees routinely use these criteria successfully for performing 
various changes and tests. However, certain activities will always fall 
outside the criteria resulting in the need for a license amendment. 
Significant well field expansions (satellite areas) and central plant 
modifications, for example, will always require license amendments. In 
general, the performance based license condition is streamlining the 
oversight process.
    Regarding the comments on the inefficiency of the uranium recovery 
licensing review process, the NRC believes it has made substantial 
improvements that have benefitted the industry and NRC. During the 
licensing review process, the staff performs rigorous internal reviews 
of staff hours by task after completion of regulatory actions to 
evaluate efficiency.
    Regarding the comment on tailoring staff hour levels to risk, the 
NRC staff determined this action is not always possible since the NRC 
staff must ensure facilities comply with our regulations, regardless of 
the perceived risk. Therefore, regardless of risk, a certain level of 
effort will always be required to perform certain tasks.
    Regarding the comment concerning preoperational inspections as an 
example of a costly activity which can be reviewed based on the risk 
significance of a uranium recovery facility, the NRC staff is required 
to ensure that a new or restarting facility will be operated in a 
manner that complies with the regulations and license conditions. 
Activities such as the preoperational inspection provide the agency 
with an opportunity for one ``hard look'' at an operation prior to 
activation to determine the viability of an operation.
    Regarding the processing of new uranium recovery applicants and 
major expansion amendments along with licensing actions for existing 
licensees, the NRC established a program strategy, that prioritizes 
work for existing licensees over new license and major expansion 
reviews to maintain safety. As the NRC licenses more facilities, more 
resources will be needed to manage the increased workload for existing 
licensees. The staff will prioritize available resources to accomplish 
the highest priority licensing work.
    Regarding the commenters' suggestions to include a provision for 
cost estimates for the NRC review of uranium recovery license 
submittals, the NRC produced a general cost estimate for the completion 
of three new uranium recovery application reviews. The information was 
presented to industry in Denver, CO, in January 2011. The NRC will 
continue to update this information annually, or when a new license or 
major amendment review has been completed.
    In reference to the comments to create a schedule of costs for 
common tasks, the staff compiled a list of over 20 amendments and 
reviews typically undertaken for uranium recovery licenses. The staff 
determined the creation of a schedule of costs for common tasks is very 
complex and would require additional resources in a challenging budget 
environment. Consequently, the NRC staff is not undertaking this task 
at this time in order to maintain focus on other high priority program 
activities.
    In general, the NRC has implemented several methods which have 
improved the uranium recovery licensing review process. The pre-
submission audit has been useful in improving the quality of 
applications which helps to expedite reviews. The NRC staff now issues 
draft licenses instead of open issues which eliminates review time. The 
NRC staff also performs acceptance reviews on responses to requests for 
additional information (RAI) to determine whether or not a review can 
proceed, thereby eliminating the time spent on continuing a review with 
incomplete information.
    Finally, the NRC believes that the uranium recovery industry also 
plays a role in streamlining reviews. First, submitting applications 
that contain all the relevant information speeds up the NRC's review 
process. Second, the uranium recovery industry could submit design 
certification requests in the form of petitions for rulemaking with 
designs for certain common features such as central plants, satellite 
plants, wells, header houses, and ponds. In this manner, an applicant 
can merely incorporate by reference certain approved designs instead of 
reproducing these designs in an application. Third, the industry can 
maximize the effectiveness of the RAI process by providing prompt and 
complete answers to the NRC staff requests. Efficient and streamlined 
regulation requires a team-effort. Working together, both the NRC and 
the industry can continue to make improvements to our regulatory 
processes.
    There are no changes to this final rule as a result of the comments 
concerning the hourly rate.
2. Flat Rates
    Comment. One commenter suggested the NRC should establish more flat 
fees for activities for uranium recovery operations in order to provide 
more certainty regarding fees, with the goal of moving routine 
activities to flat fees.
    Response. The NRC disagrees with this comment. Based on past 
experience, the NRC believes there would be a very limited number of 
licensing activities that would qualify for flat fees. The 10 CFR part 
170 ``flat'' license fees are fees charged for most material and 
import/export license applications and amendments. These fees are based 
on the average direct hours required to process the application or 
amendment, multiplied by the professional hourly rate established 
annually in 10 CFR part 170. The average processing time is determined 
through a biennial review of

[[Page 35813]]

actual hours associated with processing these applications or 
amendments, and the ``flat'' rate is subject to change based on the 
NRC's professional hourly rate at the time of the rulemaking. Also, 
most potential flat fee tasks would have a large standard deviation per 
activity associated with each licensee because some review can be 
either simple or complex, thus, an average costs would not be feasible. 
An example is a surety review which can be either simple to complex in 
nature. If the agency were to impose an upper confidence limit 
calculation for surety reviews, the agency would benefit at the expense 
of some licensees who will overpay significantly for these types of 
reviews. Due to the complex nature of flat fees and required resources, 
the NRC will not undertake this activity to remain focused on high 
priority work. There are no changes to this final rule as a result of 
this comment.
3. Lack of Invoice Detail
    Comment. Commenters suggested the NRC should prepare invoices with 
more detail, similar to invoices prepared by industry consultants, to 
better understand how staff time is allocated. One commenter stated 
invoices should include dates and times, similar to the private sector, 
which would allow licensees to comprehend work performed, hours spent 
and completion dates. Another commenter suggested that providing the 
names of the NRC staff members or contractors, including billable hours 
incurred, would allow licensees to understand how staff time is 
allocated and the costs of specific activities.
    Response. The NRC agrees with the commenters. The NRC currently 
provides information requested by commenters through its invoice 
documentation with the exception of project manager (PM) and inspector 
names, which are available upon request. There is an Activity 
Inspection Report supplement available that further provides the 
detailed information identified by the commenters. Due to the large 
volume of data, the Activity Inspection Report is not routinely 
distributed with the invoice documentation unless specifically 
requested by the licensee or applicant.
    The invoices issued to licensees and applicants summarize costs 
assessed under 10 CFR part 170, which include regular and non-regular 
hours billed, hourly and contract costs, total amount billed in 
addition to the vendor name, docket number, due date, and type of 
license. The NRC believes the Activity Inspection Report detailing the 
PM and inspector names for time activity code/inspection reports 
including regular hours billed is sufficient to enable licensees to 
identify tasks performed by the NRC staff along with associated costs.
    Accordingly, there are no changes to this final rule as a result of 
these comments.

B. Specific Part 171 Issues

1. NRC's Small Business Size Standards
    Comment. One commenter suggested that the NRC make a definite 
commitment to use the Small Business Administration's (SBA) ``Table of 
Small Business Size Standards'' to define a small business as it 
relates to the assessment of fees by the NRC. The commenter also stated 
that the table matches the ``North American Industry Classification 
System Codes,'' and should be used government-wide to ensure 
consistency in definitions for businesses in terms of size, type of 
industry, and other means of categorization.
    Response. The NRC agrees with this comment. The NRC is committed to 
using the SBA's ``Table of Small Business Size Standards'' to qualify 
licensees as small entities in its assessment of fees, and acknowledges 
that this table matches the ``North American Industry Classification 
System Codes.'' Reduced fees for small entities fall into two 
categories, lower-tier annual fees and maximum upper-tier annual fees, 
to help lessen the financial impact for small entities participating in 
the nuclear power industry. The NRC will continue to comply with the 
Small Business Act which states that unless specifically authorized by 
statute, no Federal department or agency may prescribe a size standard 
for categorizing a business concern as a small business concern, unless 
proposed size standards meet certain criteria and are approved by the 
Administrator of the SBA. The NRC is currently updating its small 
business size standards to comply with the SBA size standards. There 
are no changes to this final rule as a result of this comment.
2. Small Entity Fees
    Comment. One commenter suggested that the total percentage change 
in all fees be spread among all of the fee classes in an effort to 
eliminate hardships for some licensees who are impacted by an increase 
in annual fees.
    Response. The NRC disagrees with this comment. The NRC acknowledges 
that an increase in fees can be difficult for some licensees to absorb. 
However, the NRC must remain in compliance with the OBRA-90, as 
amended, which requires the NRC to recover approximately 90 percent of 
its budget authority in a given year by charging fees to its licensees. 
The NRC fee methodology calculation consists of determining, to the 
maximum extent practicable, the reasonable relationship between costs 
and the provision of regulatory services to licensees. The NRC fees are 
based on current year budgeted costs of activities benefitting the 
associated license fee classes, and best reflect the license fee class 
to which the costs should be assessed. For each proposed fee 
rulemaking, in accordance with the Regulatory Flexibility Analysis Act, 
the NRC must consider the impact of the rulemaking on small entities 
and determine the best fee methodology to compute fees that minimize 
compliance costs and eliminate barriers to competition. The NRC's 
establishment of the small entity reduced fees into two tiers, lower-
tier and maximum upper-tier annual fees, continues to be a practical 
solution for small entities. The small entity fees are reviewed 
biennially to assess the financial impact for small entities and 
encourage competition in the nuclear power industry. There are no 
changes to this final rule as a result of this comment.
3. Adding Additional Tiers for Small Entities
    Comment. One commenter stated that the broad revenue range for 
small entities' gross annual receipts encompassing $450,000 to 
$6,500,000 tends to advantage larger firms while burdening smaller 
entities. The commenter indicated that its firm's revenue is at the 
lower end of this range, yet its fee is the same as another entity with 
three or four times its gross revenue. The commenter suggested that the 
NRC consider establishing additional tiers of gross annual receipts 
that correspond to more annual license fee levels in order to lower 
licensing fees and thereby reduce the licensing fee burden for small 
entities.
    Response. The NRC disagrees with this comment. The NRC believes 
that the two-tiered reduced annual fees method currently in place 
provides substantial fee relief for small entities, including those 
with relatively low gross receipts. A reduction in fees for small 
entities must be paid for by other NRC licensees in order to meet the 
requirements of the OBRA-90, as amended, to recover most of the NRC's 
budget through fees. While establishing more tiers would reduce the 
burden for some small entities, a further reduction in fees would 
result in an increase in the small entity subsidy other licensees

[[Page 35814]]

must pay. The NRC supports the two-tiered reduced annual fees method 
because it provides a reasonable balance between the objectives of the 
OBRA-90 and the 1980 Regulatory Flexibility Act requirement that 
Federal agencies examine ways to minimize the significant impacts their 
rules may have on a substantial number of small entities. Therefore, 
the current two-tiered reduced annual fees method will remain intact 
with modifications to conform to SBA size standards, as necessary. 
There are no changes to this final rule as a result of this comment.

C. Other Issues

1. Transparency in Budgeting
    Comment. One commenter stated that the NRC should continue to 
achieve greater transparency in its budgeting by revealing planned 
staffing and resource needs by individual programs, particularly in the 
areas of defense and national interest programs that are funded by 
taxpayers with appropriated funds. The commenter suggested that the NRC 
more fully explain the decrease in budgeted resources in FY 2012, and 
if the agency is planning similar reductions in future years for these 
programs.
    Response. The NRC agrees with this comment. The NRC strives for 
transparency and openness with internal and external stakeholders in 
accomplishing its mission of protecting public health and safety and 
the environment. Although detailed budget discussions fall outside the 
scope of this rulemaking, the NRC recommends commenters and others 
review the NUREG-1100, Volume 27, ``Congressional Budget Justification: 
Fiscal Year 2012'' (February 2011) (ADAMS Accession No. ML12137A853), 
for the NRC's budget plans for FY 2012 and beyond. There are no changes 
to this final rule as a result of this comment.
2. Allocation of Resources
    Comment. One commenter stated that the industry is aware that the 
agency has $32 million in unobligated balances from prior years' 
appropriations that could be used to fund additional Fukushima-related 
work or be used to reduce licensee fees in future years. The commenter 
commends the NRC for supporting educational programs and suggested $15 
million of the funds for education programs budgeted in FY 2012 be used 
to support the congressionally-authorized Integrated University Program 
trade school, scholarships, fellowships, and faculty development 
grants. The remaining funds would be utilized for curriculum 
development and to support nuclear technology programs at minority-
serving institutions.
    Response. The purposes of the proposed and final fee rulemakings 
are to describe, and solicit and evaluate comments on, the allocation 
of the NRC's budget for fee calculation purposes. The rules and 
supporting work papers do not address changes in budget resources, or 
use of prior-year funds but provide detailed information on how the fee 
calculations were derived in compliance with the OBRA-90 and the 
Consolidated Appropriations Act of 2012. Commenters and others may also 
review the NUREG-1100, Volume 27, ``Congressional Budget Justification: 
Fiscal Year 2012'' (February 2011) (ADAMS Accession No. ML12137A853) 
for more detailed information on the NRC's budget for FY 2012, 
including the activities performed by each of the programs. The NRC 
will continue to request from Congress only those resources necessary 
to operate its programs efficiently, effectively, and in compliance 
with its mission of protecting people and the environment, while 
keeping fees as low as possible for all licensees. There are no changes 
to this final rule as a result of this comment.

III. Final Action

    The NRC assesses two types of fees to meet the requirements of 
OBRA-90. First, user fees, presented in 10 CFR part 170 under the 
authority of the IOAA, recover the NRC's costs of providing special 
benefits to identifiable applicants and licensees. For example, the NRC 
assesses these fees to cover the costs of inspections, applications for 
new licenses and license renewals, and requests for license amendments. 
Second, annual fees, presented in 10 CFR part 171 under the authority 
of OBRA-90, recover generic regulatory costs not otherwise recovered 
through 10 CFR part 170 fees. Under this rulemaking, the NRC continues 
the fee cost recovery principles through the adjustment of fees without 
changing the underlying principles of the NRC fee policy in order to 
ensure that the NRC continues to comply with the statutory requirements 
of OBRA-90, the Atomic Energy Act, and the IOAA.
    On December 23, 2011, President Obama signed the Consolidated 
Appropriations Act of 2012, giving the NRC a total appropriation of 
$1,038.1 million. Accordingly, in compliance with the Atomic Energy Act 
of 1954, as amended, and OBRA-90, the NRC is amending its licensing, 
inspection, and annual fees to recover approximately 90 percent of its 
FY 2012 budget authority, less the appropriations for non-fee items. 
The amount of the NRC's required fee collections is set by law and is, 
therefore, outside the scope of this rulemaking.
    The NRC's total budget authority for FY 2012 is $1,038.1 million. 
The non-fee items excluded outside of the fee base include $0.8 million 
for WIR activities and $26.7 million for generic homeland security 
activities. Based on the 90 percent fee-recovery requirement, the NRC 
is required to recover approximately $909.5 million in FY 2012 through 
10 CFR part 170 licensing and inspection fees and through 10 CFR part 
171 annual fees. This amount is $6.3 million less than the amount 
estimated for recovery in FY 2011, a decrease of less than 1 percent. 
The FY 2012 fee recovery amount is decreased by $8.5 million to account 
for billing adjustments (i.e., for FY 2012 invoices that the NRC 
estimates will not be paid during the fiscal year, less payments 
received in FY 2012 for prior year invoices). This leaves approximately 
$901 million to be billed as fees in FY 2012 through 10 CFR part 170 
licensing and inspection fees and 10 CFR part 171 annual fees.
    Table I summarizes the budget and fee recovery amounts for FY 2012. 
The FY 2011 amounts are provided for comparison purposes. (Individual 
values may not sum to totals due to rounding.)

[[Page 35815]]



                Table I--Budget and Fee Recovery Amounts
                          [Dollars in millions]
------------------------------------------------------------------------
                                        FY 2011 Final     FY 2012 Final
                                            rule              rule
------------------------------------------------------------------------
Total Budget Authority..............          $1,054.1          $1,038.1
                                     -----------------------------------
Less Non-Fee Items..................             -36.5             -27.5
                                     -----------------------------------
    Balance.........................          $1,017.6          $1,010.6
                                     -----------------------------------
Fee Recovery Rate for FY 2012.......               90%               90%
                                     -----------------------------------
    Total Amount to be Recovered for            $915.8            $909.5
     FY 2012........................
                                     -----------------------------------
10 CFR Part 171 Billing Adjustments:
    Unpaid Current Year Invoices                   3.0               2.3
     (estimated)....................
    Less Payments Received in                     -2.6             -10.8
     Current Year for Previous Year
     Invoices (estimated)...........
                                     -----------------------------------
        Subtotal....................               0.4              -8.5
                                     -----------------------------------
Amount to be Recovered through 10               $916.2            $901.0
 CFR Parts 170 and 171 Fees.........
                                     -----------------------------------
Less Estimated 10 CFR Part 170 Fees.            -369.3            -345.2
                                     -----------------------------------
    10 CFR Part 171 Fee Collections             $546.9            $555.8
     Required.......................
------------------------------------------------------------------------

    In this final fee rule, the NRC amends fees for power reactors, 
non-power reactors, uranium recovery facilities, most fuel facilities, 
some small materials users, and the U.S. Department of Energy's (DOE) 
transportation license. The 10 CFR part 170 fees also decrease by $26.2 
million from the proposed fee rule estimate of $371.4 million primarily 
due to a reduction in licensing actions. As a result of this change, 
the total annual fees for operating reactors increase by $25.1 million 
and fuel facilities increase by $1 million in this final rule. In 
general, the percentage changes in most annual fees compared to the 
previous year are relatively small due to a decrease in the NRC's 
appropriation as compared to FY 2011. The FY 2012 appropriation also 
resulted in a small increase to the average full-time equivalent (FTE) 
rate that is used to calculate the budget allocation to each of the fee 
classes and fee-relief activities in the final fee rule.
    The NRC estimates that $345.2 million will be recovered from 10 CFR 
part 170 fees under this final fee rule. This represents a decrease of 
approximately 7.0 percent as compared to the actual 10 CFR part 170 
collections of $369.3 million in FY 2011. The NRC derived the FY 2012 
estimate of 10 CFR part 170 fee collections from the latest billing 
data available for each license fee class, with adjustments to account 
for changes in the NRC's FY 2012 budget, as appropriate. The remaining 
$555.8 million is to be recovered through the 10 CFR part 171 annual 
fees in FY 2012, which is an increase of approximately 1.6 percent 
compared to actual 10 CFR part 171 collections of $546.9 million for FY 
2011. The change for each class of licensees affected is discussed in 
Section III.B.3 of this document.
    The FY 2012 final fee rule is a ``major rule'' as defined by the 
Congressional Review Act of 1996 (5 U.S.C. 801-808). Therefore, the 
NRC's fee schedules for FY 2012 will become effective 60 days after 
publication of the final rule in the Federal Register. The NRC will 
send an invoice for the amount of the annual fee to reactor licensees, 
10 CFR part 72 licensees, major fuel cycle facilities, and other 
licensees with annual fees of $100,000 or more upon publication of the 
FY 2012 final rule. For these licensees, payment is due on the 
effective date of the FY 2012 final rule. Because these licensees are 
billed quarterly, the payment due is the amount of the total FY 2012 
annual fee, less payments made in the first three quarters of the 
fiscal year.
    Materials licensees with annual fees of less than $100,000 are 
billed annually. Those materials licensees whose license anniversary 
date during FY 2012 falls before the effective date of the FY 2012 
final rule will be billed for the annual fee during the anniversary 
month of the license at the FY 2011 annual fee rate. Those materials 
licensees whose license anniversary date falls on or after the 
effective date of the FY 2012 final rule will be billed for the annual 
fee at the FY 2012 annual fee rate during the anniversary month of the 
license, and payment will be due on the date of the invoice.
    The NRC is amending 10 CFR parts 170 and 171 as discussed in 
Section III.A and III.B of this document.

A. Amendments to Title 10 of the Code of Federal Regulations (10 CFR) 
Part 170: Fees for Facilities, Materials, Import and Export Licenses, 
and Other Regulatory Services Under the Atomic Energy Act of 1954, as 
Amended

    For FY 2012, the NRC increased the hourly rate to recover the full 
cost of activities under the 10 CFR part 170 and used this rate to 
calculate ``flat'' application fees.
    The NRC is making the following changes:
1. Hourly Rate
    The NRC's hourly rate is used in assessing full cost fees for 
specific services provided, as well as flat fees for certain 
application reviews. The NRC increased the FY 2012 hourly rate to $274. 
This rate would be applicable to all activities for which fees are 
assessed under Sec. Sec.  170.21 and 170.31.
    The FY 2012 hourly rate is less than one percent higher than the FY 
2011 hourly rate of $273. The increase in the hourly rate is due 
primarily to higher agency direct budgeted resources, partially offset 
by a small increase in the number of direct FTEs. The following 
paragraphs described the hourly rate calculation in further detail.
    The NRC's hourly rate is derived by dividing the sum of recoverable 
budgeted resources for (1) Mission direct program salaries and 
benefits; (2) mission indirect program support; and (3) agency 
corporate support and the Inspector General (IG), by mission direct FTE 
hours. The mission direct FTE hours are the product of the mission 
direct FTE multiplied by the hours per direct FTE. The only budgeted 
resources

[[Page 35816]]

excluded from the hourly rate are those for contract activities related 
to mission direct and fee-relief activities.
    For FY 2012, the NRC used 1,371 hours per direct FTE, the same 
amount as FY 2011, to calculate the hourly fees. The NRC has reviewed 
data from its time and labor system to determine if the annual direct 
hours worked per direct FTE estimate requires updating for the FY 2012 
fee rule. Based on this review of the most recent data available, the 
NRC determined that 1,371 hours is the best estimate of direct hours 
worked annually per direct FTE. This estimate excludes all indirect 
activities such as training, general administration, and leave.
    Table II shows the results of the hourly rate calculation 
methodology. The FY 2011 amounts are provided for comparison purposes. 
(Individual values may not sum to totals due to rounding.)

                    Table II--Hourly Rate Calculation
------------------------------------------------------------------------
                                        FY 2011 Final    FY 2012  Final
                                            rule              rule
------------------------------------------------------------------------
Mission Direct Program Salaries &               $337.4            $349.9
 Benefits...........................
Mission Indirect Program Support....              25.9              25.9
Agency Corporate Support, and the IG             474.1             472.3
                                     -----------------------------------
    Subtotal........................             837.4             848.0
                                     -----------------------------------
Less Offsetting Receipts............              -0.0              -0.0
                                     -----------------------------------
    Total Budget Included in Hourly              837.4             848.0
     Rate (Millions of Dollars).....
                                     -----------------------------------
Mission Direct FTEs (Whole numbers).             2,236             2,258
Professional Hourly Rate (Total                    273               274
 Budget Included in Hourly Rate
 divided by Mission Direct FTE
 Hours) (Whole Numbers).............
------------------------------------------------------------------------

    As shown in Table II, dividing the FY 2012 $848 million budget 
amount included in the hourly rate by total mission direct FTE hours 
(2,258 FTE times 1,371 hours) results in an hourly rate of $274. The 
hourly rate is rounded to the nearest whole dollar.
2. Flat Application Fee Changes
    The NRC adjusted the current flat application fees in Sec. Sec.  
170.21 and 170.31 to reflect the revised hourly rate of $274, an 
increase of $1 from FY 2011. These flat fees are calculated by 
multiplying the average professional staff hours needed to process the 
licensing actions by the professional hourly rate for FY 2012. The 
agency estimates the average professional staff hours needed to process 
licensing actions every other year as part of its biennial review of 
fees performed in compliance with the Chief Financial Officers Act of 
1990. The NRC last performed this review as part of the FY 2011 fee 
rulemaking. The higher hourly rate of $274 is the primary reason for 
the increase in application fees.
    The amounts of the materials licensing flat fees are rounded so 
that the fees would be convenient to the user and the effects of 
rounding would be minimal. Fees under $1,000 are rounded to the nearest 
$10, fees that are greater than $1,000 but less than $100,000 are 
rounded to the nearest $100, and fees that are greater than $100,000 
are rounded to the nearest $1,000.
    The licensing flat fees are applicable for fee categories K.1. 
through K.5. of Sec.  170.21, and fee categories 1.C., 1.D., 2.B., 
2.C., 3.A. through 3.S., 4.B. through 9.D., 10.B., 15.A. through 15.R., 
and 16 of Sec.  170.31 of flat fee categories. Applications filed on or 
after the effective date of the FY 2012 final fee rule would be subject 
to the revised fees in the final rule.
3. Administrative Amendments
    This rule is making administrative changes for clarity as follows:
    a. Sec.  170.21, fee category G, change the title for the 
description from ``Other Production and Utilization Facility'' to read 
``Other Production or Utilization Facility.''
    b. Sec.  170.31, revise fee schedule. Under 10 CFR part 170, the 
descriptions for categories 14.A. and 14.B. are revised to add the 
phrase ``including MMLs'' in order to capture work activities outside 
of the category 17 description involving decommissioning actions and 
activities for master material license (MML) agencies (i.e., U.S. 
Department of Veteran Affairs, U.S. Navy, U.S. Air Force) and the fees 
are subject to full cost. This methodology ensures equitable fee 
distribution among licensees by charging the full cost for services 
over and above routine oversight activities to specific MMLs while 
minimizing the financial impact of annual fee distribution for all MMLs 
for the next biennial review.
    c. Revises import and export licensing descriptions and correctly 
places them under 10 CFR part 170. The import and export licensing fee 
descriptions are updated for 15.F., 15.G., 15.J., 15.K., and 15.H. for 
clarity of the rule. This rule also further revises descriptions in 
sections 15.F., 15.G. and 15.H. from the FY 2012 proposed fee rule, in 
addition to Category 2.K. and Minor amendments section, for clarity of 
the rule.
    In summary, the NRC is making the following changes to 10 CFR part 
170:
    1. Establishes a revised professional hourly rate to use in 
assessing fees for specific services;
    2. Revises the license application fees to reflect the FY 2012 
hourly rate; and
    3. Makes administrative changes to Sec. Sec.  170.21 and 170.31.

B. Amendments to 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

    The NRC will use its fee-relief surplus to decrease all licensees' 
annual fees based on their percentage share of the fee recoverable 
budget authority. This rulemaking also makes changes to the number of 
NRC licensees and establishes rebaselined annual fees based on Public 
Law 112-10. The amendments are described as follows:
1. Application of Fee-Relief and Low-Level Waste (LLW) Surcharge
    The NRC will use its fee-relief surplus to decrease all licensees' 
annual fees, based on their percentage share of the budget. The NRC 
will apply the 10 percent of its budget that is excluded from fee 
recovery under OBRA-90, as amended (fee relief), to offset the total

[[Page 35817]]

budget allocated for activities that do not directly benefit current 
NRC licensees. The budget for these fee-relief activities is totaled 
and then reduced by the amount of the NRC's fee relief. Any difference 
between the fee-relief and the budgeted amount of these activities 
results in a fee-relief adjustment (increase or decrease) to all 
licensees' annual fees, based on their percentage share of the budget, 
which is consistent with the existing fee methodology.
    The FY 2012 budgetary resources for the NRC's fee-relief activities 
are $91.1 million. The NRC's 10 percent fee-relief amount in FY 2012 is 
$101.1 million, leaving a $10 million fee-relief surplus that will 
reduce all licensees' annual fees based on their percentage share of 
the budget. The FY 2012 budget for fee-relief activities is lower than 
FY 2011, primarily due to a decrease in budgeted resources for 
nonprofit educational exemptions, international activities support for 
agreement states licensees and generic decommissioning reclamation 
activities. Also, the NRC has included medical isotope production under 
fee relief categories to capture program activity for medical isotope 
production facilities for regulatory basis development. The FY 2012 NRC 
medical isotope budget of approximately $3 million is not attributable 
to existing NRC licensees. The funding for this activity along with 
other activities not attributable to existing NRC licensees will be 
offset by the agency's 10 percent appropriation. These values are shown 
in Table III. The FY 2011 amounts are provided for comparison purposes. 
(Individual values may not sum to totals due to rounding.)

                    Table III--Fee-Relief Activities
                          [Dollars in millions]
------------------------------------------------------------------------
                                      FY 2011 Budgeted  FY 2012 Budgeted
        Fee-relief activities               costs             costs
------------------------------------------------------------------------
1. Activities not attributable to an
 existing NRC licensee or class of
 licensee:
    a. International activities.....             $15.1              $9.0
    b. Agreement State oversight....              14.1              11.0
    c. Scholarships and Fellowships.              11.5              16.8
    d. Medical Isotope Production...               N/A               3.4
2. Activities not assessed 10 CFR
 part 170 licensing and inspection
 fees or 10 CFR part 171 annual fees
 based on existing law or Commission
 policy:
    a. Fee exemption for nonprofit                13.3              11.2
     educational institutions.......
    b. Costs not recovered from                    5.6               6.5
     small entities under 10 CFR
     171.16(c)......................
    c. Regulatory support to                      18.0              17.5
     Agreement States...............
    d. Generic decommissioning/                   16.6              14.0
     reclamation (not related to the
     power reactor and spent fuel
     storage fee classes)...........
    e. In Situ leach rulemaking and                1.2               1.7
     unregistered general licensees.
                                     -----------------------------------
        Total fee-relief activities.              95.4              91.1
                                     -----------------------------------
Less 10 percent of NRC's FY 2011                -101.8            -101.1
 total budget (less non-fee items)..
                                     -----------------------------------
Fee-Relief Adjustment to be                       -6.4             -10.0
 Allocated to All Licensees' Annual
 Fees...............................
------------------------------------------------------------------------

    Table IV shows how the NRC will allocate the $10 million fee-relief 
surplus adjustment to each license fee class. As explained previously, 
the NRC is allocating this fee-relief adjustment to each license fee 
class based on the percent of the budget for that fee class compared to 
the NRC's total budget. The fee-relief surplus adjustment is subtracted 
from the required annual fee recovery for each fee class.
    Separately, the NRC has continued to allocate the LLW surcharge 
based on the volume of LLW disposal of three classes of licenses: 
Operating reactors, fuel facilities, and materials users. Because LLW 
activities support NRC licensees, the costs of these activities are 
recovered through annual fees. In FY 2012, this allocation percentage 
was updated based on review of recent data which reflects the change in 
the support to the various fee classes. The allocation percentage of 
LLW surcharge decreased for operating reactors and increased for fuel 
facilities and materials users compared to FY 2011.
    Table IV also shows the allocation of the LLW surcharge activity. 
For FY 2012, the total budget allocated for LLW activity is $3.9 
million. (Individual values may not sum to totals due to rounding.)

                    Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2012
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                           LLW Surcharge               Fee-relief adjustment           Total
                                 -------------------------------------------------------------------------------
                                      Percent            $            Percent            $               $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........            60.0             2.3            86.0            -8.6            -6.3
Spent Fuel Storage/Reactor        ..............  ..............             3.3            -0.3            -0.3
 Decommissioning................
Research and Test Reactors......  ..............  ..............             0.2             0.0             0.0
Fuel Facilities.................            32.0             1.2             6.1            -0.6             0.6
Materials Users.................             9.0             0.3             2.8            -0.3             0.0
Transportation..................  ..............  ..............             0.5            -0.1            -0.0
Uranium Recovery................  ..............  ..............             1.0            -0.1            -0.1
    Total.......................           100.0             3.9           100.0           -10.0            -6.1
----------------------------------------------------------------------------------------------------------------


[[Page 35818]]

2. Revised Annual Fees
    The NRC revised its annual fees in Sec. Sec.  171.15 and 171.16 for 
FY 2012 to recover approximately 90 percent of the NRC's FY 2012 budget 
authority, after subtracting the non-fee amounts and the estimated 
amount to be recovered through 10 CFR part 170 fees. The 10 CFR part 
170 collections estimate for this final rule is $345.2 million, a 
decrease of $24.1 million from the FY 2011 fee rule. The total amount 
to be recovered through annual fees for this final rule is $555.8 
million, an increase of $26.2 million from the FY 2012 proposed fee 
rule due to a decrease in 10 CFR part 170 estimates compared to the 
proposed rule. The Commission has determined (71 FR 30721; May 30, 
2006) that the agency should proceed with a presumption in favor of 
rebaselining when calculating annual fees each year. Under this method, 
the NRC's budget is analyzed in detail, and budgeted resources are 
allocated to fee classes and categories of licensees. The Commission 
expects that for most years there will be budgetary and other changes 
that warrant the use of the rebaselining method.
    As compared with the FY 2011 annual fees, the FY 2012 final 
rebaselined fees are lower for two classes of licensees, spent fuel 
storage/reactors decommissioning facilities and research and test 
reactors and higher for operating reactors and fuel facilities. Within 
the uranium recovery fee class, the annual fees decrease for most 
licensees. The annual fee increases for most fee categories in the 
materials users' fee class.
    The NRC's total fee recoverable budget, as mandated by law, is $6.3 
million lower in FY 2012 as compared with FY 2011. The FY 2012 budget 
was allocated to the fee classes that the budgeted activities support. 
The decrease is primarily due to the lower FY 2012 budget supporting 
the operating reactors, spent fuel storage, research and test reactors, 
fuel facilities partially offset by higher FY 2012 budget for uranium 
recovery facilities and material users.
    The factors affecting all annual fees include the distribution of 
budgeted costs to the different classes of licenses (based on the 
specific activities the NRC will perform in FY 2012), the estimated 10 
CFR part 170 collections for the various classes of licenses, and 
allocation of the fee-relief surplus adjustment to all fee classes. The 
percentage of the NRC's budget not subject to fee recovery remained at 
10 percent from FY 2011 to FY 2012.
    Table V shows the rebaselined fees for FY 2012 for a representative 
list of categories of licensees. The FY 2011 amounts are provided for 
comparison purposes. (Individual values may not sum to totals due to 
rounding.)

                    Table V--Rebaselined Annual Fees
------------------------------------------------------------------------
                                       FY 2011 Annual    FY 2012 Annual
     Class/category of licenses              fee               fee
------------------------------------------------------------------------
Operating Power Reactors (Including         $4,673,000        $4,766,000
 Spent Fuel Storage/Reactor
 Decommissioning Annual Fee)........
Spent Fuel Storage/Reactor                     241,000           211,000
 Decommissioning....................
Research and Test Reactors (Nonpower            86,300            34,700
 Reactors)..........................
High Enriched Uranium Fuel Facility.         6,085,000         6,329,000
Low Enriched Uranium Fuel Facility..         2,290,000         2,382,000
UF6 Conversion Facility.............         1,243,000         1,293,000
Conventional Mills..................            32,300            23,600
Typical Materials Users:
    Radiographers (Category 3O).....            25,700            25,900
    Well Loggers (Category 5A)......            10,000            10,200
    Gauge Users (Category 3P).......             4,800             4,900
    Broad Scope Medical (Category               45,400            46,100
     7B)............................
------------------------------------------------------------------------

    The work papers that support this final rule show in detail the 
allocation of the NRC's budgeted resources for each class of licenses 
and how the fees are calculated. The work papers are available as 
indicated in Section V, Availability of Documents, of this document.
    Paragraphs a. through h. of this section describe budgetary 
resources allocated to each class of licenses and the calculations of 
the rebaselined fees. Individual values in the tables presented in this 
section may not sum to totals due to rounding.
a. Fuel Facilities
    The FY 2012 budgeted costs to be recovered in the annual fees 
assessment to the fuel facility class of licenses (which includes 
licensees in fee categories 1.A.(1)(a), 1.A.(1)(b), 1.A.(2)(a), 
1.A.(2)(b), 1.A.(2)(c), 1.E., and 2.A.(1), under Sec.  171.16) are 
approximately $29 million. This value is based on the full cost of 
budgeted resources associated with all activities that support this fee 
class, which is reduced by estimated 10 CFR part 170 collections and 
adjusted for allocated generic transportation resources and fee-relief. 
In FY 2012, the LLW surcharge for fuel facilities is added to the 
allocated fee-relief adjustment (see Table IV in Section III.B.1, 
``Application of Fee-Relief and Low-Level Waste Surcharge,'' of this 
document). The summary calculations used to derive this value are 
presented in Table VI for FY 2012, with FY 2011 values shown for 
comparison. (Individual values may not sum to totals due to rounding.)

      Table VI--Annual Fee Summary Calculations For Fuel Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2011 Final     FY 2012 Final
------------------------------------------------------------------------
Total budgeted resources............             $55.7             $54.4
Less estimated 10 CFR part 170                   -26.6             -25.6
 receipts...........................
                                     -----------------------------------

[[Page 35819]]

 
    Net 10 CFR part 171 resources...              29.1              28.8
                                     -----------------------------------
Allocated generic transportation....              +0.6              +0.9
Fee-relief adjustment/LLW surcharge.              +0.3              +0.6
Billing adjustments.................              -0.0              -0.5
                                     -----------------------------------
    Total required annual fee                     30.1              29.7
     recovery.......................
------------------------------------------------------------------------

    The decrease in total budgeted resources allocated to this fee 
class from FY 2011 to FY 2012 is primarily due to a reduction in 
licensing amendments and rulemakings. The annual fee for fuel 
facilities in the final rule increased compared to the proposed rule 
due to a lower 10 CFR part 170 estimate for FY 2012 related to reduced 
licensing actions. Moreover, termination of two licenses resulted in 
spreading of costs to other fee categories. The NRC allocates the total 
required annual fee recovery amount to the individual fuel facility 
licensees, based on the effort/fee determination matrix developed for 
the FY 1999 final fee rule (64 FR 31447; June 10, 1999). In the matrix 
included in the publicly available NRC work papers, licensees are 
grouped into categories according to their licensed activities (i.e., 
nuclear material enrichment, processing operations, and material form) 
and the level, scope, depth of coverage, and rigor of generic 
regulatory programmatic effort applicable to each category from a 
safety and safeguards perspective. This methodology can be applied to 
determine fees for new licensees, current licensees, licensees in 
unique license situations, and certificate holders.
    This methodology is adaptable to changes in the number of licensees 
or certificate holders, licensed or certified material and/or 
activities, and total programmatic resources to be recovered through 
annual fees. When a license or certificate is modified, it may result 
in a change of category for a particular fuel facility licensee, as a 
result of the methodology used in the fuel facility effort/fee matrix. 
Consequently, this change may also have an effect on the fees assessed 
to other fuel facility licensees and certificate holders. For example, 
if a fuel facility licensee amends its license/certificate (e.g., 
decommissioning or license termination) that results in it not being 
subject to 10 CFR part 171 costs applicable to the fee class, then the 
budgeted costs for the safety and/or safeguards components will be 
spread among the remaining fuel facility licensees/certificate holders.
    The methodology is applied as follows. First, a fee category is 
assigned, based on the nuclear material and activity authorized by 
license or certificate. Although a licensee/certificate holder may 
elect not to fully use a license/certificate, the license/certificate 
is still used as the source for determining authorized nuclear material 
possession and use/activity. Second, the category and license/
certificate information are used to determine where the licensee/
certificate holder fits into the matrix. The matrix depicts the 
categorization of licensees/certificate holders by authorized material 
types and use/activities.
    Each year, the NRC's fuel facility project managers and regulatory 
analysts determine the level of effort associated with regulating each 
of these facilities. This is done by assigning, for each fuel facility, 
separate effort factors for the safety and safeguards activities 
associated with each type of regulatory activity. The matrix includes 
ten types of regulatory activities, including enrichment and scrap/
waste-related activities (see the work papers for the complete list). 
Effort factors are assigned as follows: One (low regulatory effort), 
five (moderate regulatory effort), and ten (high regulatory effort). 
The NRC then totals separate effort factors for safety and safeguard 
activities for each fee category.
    The effort factors for the various fuel facility fee categories are 
summarized in Table VII. The value of the effort factors shown, as well 
as the percent of the total effort factor for all fuel facilities, 
reflects the total regulatory effort for each fee category (not per 
facility). In FY 2012, the total effort factors for the Limited 
Operations fee category are being zeroed because the licenses in this 
fee category were terminated. This results in spreading of costs to 
other fee categories. The Uranium Enrichment fee category factors have 
shifted with minimal increases and decreases between safety and 
safeguards factors compared to FY 2011.

                             Table VII--Effort Factors for Fuel Facilities, FY 2012
----------------------------------------------------------------------------------------------------------------
                                                                               Effort factors (percent of total)
               Facility type (fee category)                     Number of    -----------------------------------
                                                               facilities          Safety          Safeguards
----------------------------------------------------------------------------------------------------------------
High Enriched Uranium Fuel (1.A.(1)(a))...................                 2         89 (38.5)         97 (47.0)
Low Enriched Uranium Fuel (1.A.(1)(b))....................                 3         70 (30.3)         35 (17.0)
Limited Operations (1.A.(2)(a))...........................                 0           0 (0.0)           0 (0.0)
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))......                 1           3 (1.3)          15 (7.3)
Hot Cell (1.A.(2)(c)).....................................                 1           6 (2.6)           3 (1.5)
Uranium Enrichment (1.E)..................................                 2         51 (22.1)         49 (23.8)
UF6 Conversion (2.A.(1))..................................                 1          12 (5.2)           7 (3.4)
----------------------------------------------------------------------------------------------------------------


[[Page 35820]]

    For FY 2012, the total budgeted resources for safety activities, 
before the fee-relief adjustment is made, are $15.4 million. This 
amount is allocated to each fee category based on its percent of the 
total regulatory effort for safety activities. For example, if the 
total effort factor for safety activities for all fuel facilities is 
100, and the total effort factor for safety activities for a given fee 
category is 10, that fee category will be allocated 10 percent of the 
total budgeted resources for safety activities. Similarly, the budgeted 
resources amount of $13.7 million for safeguards activities is 
allocated to each fee category based on its percent of the total 
regulatory effort for safeguards activities. The fuel facility fee 
class' portion of the fee-relief adjustment $0.6 million is allocated 
to each fee category based on its percent of the total regulatory 
effort for both safety and safeguards activities. The annual fee per 
licensee is then calculated by dividing the total allocated budgeted 
resources for the fee category by the number of licensees in that fee 
category. The fee (rounded) for each facility is summarized in Table 
VIII.

               Table VIII--Annual Fees For Fuel Facilities
------------------------------------------------------------------------
                                                          FY 2012 Final
             Facility type (fee category)                  annual fee
------------------------------------------------------------------------
High Enriched Uranium Fuel (1.A.(1)(a))...............        $6,329,000
Low Enriched Uranium Fuel (1.A.(1)(b))................         2,382,000
Limited Operations Facility (1.A.(2)(a))..............                 0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))..         1,225,000
Hot Cell (and others) (1.A.(2)(c))....................           612,000
Uranium Enrichment (1.E.).............................         3,403,000
UF6 Conversion (2.A.(1))..............................         1,293,000
------------------------------------------------------------------------

b. Uranium Recovery Facilities
    The total FY 2012 budgeted costs to be recovered through annual 
fees assessed to the uranium recovery class (which includes licensees 
in fee categories 2.A.(2)(a), 2.A.(2)(b), 2.A.(2)(c), 2.A.(2)(d), 
2.A.(2)(e), 2.A.(3), 2.A.(4), 2.A.(5) and 18.B., under Sec.  171.16) 
are approximately $1 million. The derivation of this value is shown in 
Table IX, with FY 2011 values shown for comparison purposes.

     Table IX--Annual Fee Summary Calculations for Uranium Recovery
                               Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2011 Final     FY 2012 Final
------------------------------------------------------------------------
Total budgeted resources............             $7.15             $9.52
Less estimated 10 CFR part 170                  -$6.09             -8.30
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...              1.06              1.22
                                     -----------------------------------
Allocated generic transportation....               N/A               N/A
Fee-relief adjustment...............             -0.05              -0.1
Billing adjustments.................              0.00             -0.00
                                     -----------------------------------
    Total required annual fee                     1.01              1.03
     recovery.......................
------------------------------------------------------------------------

    The increase in total budgeted resources allocated to this fee 
class from FY 2011 is primarily due to increased support of licensing 
activities for new applications and DOE's Title I licensing activities 
underestimated 10 CFR part 170 collections.
    Since FY 2002, the NRC has computed the annual fee for the uranium 
recovery fee class by allocating the total annual fee amount for this 
fee class between the DOE and the other licensees in this fee class. 
The NRC regulates DOE's Title I and Title II activities under the 
Uranium Mill Tailings Radiation Control Act (UMTRCA). The Congress 
established the two programs, Title I and Title II under UMTRCA, to 
protect the public and the environment from uranium milling. The UMTRCA 
Title I program is for remedial action at abandoned mill tailings sites 
where tailings resulted largely from production of uranium for the 
weapons program. The NRC also regulates DOE's UMTRCA Title II program, 
which is directed toward uranium mill sites licensed by the NRC or 
Agreement States in or after 1978.
    In FY 2012, the annual fee assessed to DOE includes recovery of the 
costs specifically budgeted for the NRC's UMTRCA Title I activities, 
plus 10 percent of the remaining annual fee amount, including generic/
other costs (minus 10 percent of the fee relief adjustment), for the 
uranium recovery class. The NRC assesses the remaining 90 percent 
generic/other costs minus 90 percent of the fee relief adjustment, to 
the other NRC licensees in this fee class that are subject to annual 
fees.
    The costs to be recovered through annual fees assessed to the 
uranium recovery class are shown in Table X.

Table X--Costs Recovered Through Annual Fees; Uranium Recovery Fee Class
------------------------------------------------------------------------
 
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I and Title II)
 general licenses:
    UMTRCA Title I budgeted costs less 10 CFR part 170          $751,298
     receipts.........................................
10 percent of generic/other uranium recovery budgeted             38,509
 costs................................................
10 percent of uranium recovery fee-relief adjustment..           -10,464
                                                       -----------------

[[Page 35821]]

 
        Total Annual Fee Amount for DOE (rounded).....           779,000
                                                       -----------------
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery                 346,577
     budgeted costs less the amounts specifically
     budgeted for Title I activities..................
    90 percent of uranium recovery fee-relief                    -94,176
     adjustment.......................................
                                                       -----------------
        Total Annual Fee Amount for Other Uranium                252,401
         Recovery Licenses............................
------------------------------------------------------------------------

    The DOE fee increases by 1 percent in FY 2012 compared to FY 2011 
due to slightly higher budgeted resources for UMTRCA Title I 
activities. The annual fee for other uranium recovery licensees 
decreases in FY 2012.
    The NRC will continue to use a matrix which is included in the work 
papers (ADAMS Accession No. ML12040A341) to determine the level of 
effort associated with conducting the generic regulatory actions for 
the different (non-DOE) licensees in this fee class. The weights 
derived in this matrix are used to allocate the approximately $252,000 
annual fee amount to these licensees. The use of this uranium recovery 
annual fee matrix was established in the FY 1995 final fee rule (60 FR 
32217; June 20, 1995). The FY 2012 matrix is described as follows.
    First, the methodology identifies the categories of licenses 
included in this fee class (besides DOE). These categories are 
conventional uranium mills and heap leach facilities, uranium In Situ 
Recovery (ISR) and resin ISR facilities mill tailings disposal 
facilities (11e.(2) disposal facilities), and uranium water treatment 
facilities.
    Second, the matrix identifies the types of operating activities 
that support and benefit these licensees. The activities related to 
generic decommissioning/reclamation are not included in the matrix 
because they are included in the fee-relief activities. Therefore, they 
are not a factor in determining annual fees. The activities included in 
the matrix are operations, waste operations, and groundwater 
protection. The relative weight of each type of activity is then 
determined, based on the regulatory resources associated with each 
activity. The operations, waste operations, and groundwater protection 
activities have weights of 0, 5, and 10, respectively, in the matrix.
    Each year, the NRC determines the level of benefit to each licensee 
for generic uranium recovery program activities for each type of 
generic activity in the matrix. This is done by assigning, for each fee 
category, separate benefit factors for each type of regulatory activity 
in the matrix. Benefit factors are assigned on a scale of 0 to 10 as 
follows: zero (no regulatory benefit), five (moderate regulatory 
benefit), and ten (high regulatory benefit). These benefit factors are 
first multiplied by the relative weight assigned to each activity 
(described previously). The NRC then calculates total and per licensee 
benefit factors for each fee category. These benefit factors thus 
reflect the relative regulatory benefit associated with each licensee 
and fee category.
    The benefit factors per licensee and per fee category, for each of 
the non-DOE fee categories included in the uranium recovery fee class, 
are as follows:

                             Table XI--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
                                              Number of      Benefit factor                      Benefit factor
              Fee category                    licensees       per licensee       Total value      percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills                        1               150               150                 9
 (2.(A).2.a.)...........................
Basic In Situ Recovery facilities                        5               190               950                59
 (2.(A).2.b.)...........................
Expanded In Situ Recovery facilities                     1               215               215                13
 (2.(A).2.c.)...........................
In Situ Recovery Resin facilities                        1               180               180                11
 (2.(A).2.d.)...........................
11e.(2) disposal incidental to existing                  1                65                65                 4
 tailings sites (2.(A).4.)..............
Uranium water treatment (2.(A).5.)......                 1                45                45                 3
                                         -----------------------------------------------------------------------
                                          ................  ................             1,605  ................
----------------------------------------------------------------------------------------------------------------

    Applying these factors to the approximately $252,000 in budgeted 
costs to be recovered from non-DOE uranium recovery licensees results 
in the total annual fees for each fee category. The annual fee per 
licensee is calculated by dividing the total allocated budgeted 
resources for the fee category by the number of licensees in that fee 
category, as summarized in Table XII:

          Table XII--Annual Fees for Uranium Recovery Licensees
                            [Other than DOE]
------------------------------------------------------------------------
                                                         FY 2012  Final
             Facility type (fee category)                  annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))........           $23,600
Basic In Situ Recovery facilities (2.A.(2)(b))........            29,900
Expanded In Situ Recovery facilities (2.A.(2)(c)).....            33,800
In Situ Recovery Resin facilities (2.A.(2)(d))........            28,300
11e.(2) disposal incidental to existing tailings sites            10,200
 (2.A.(4))............................................
Uranium water treatment (2.A.(5)).....................             7,100
------------------------------------------------------------------------


[[Page 35822]]

c. Operating Power Reactors
    The $473.7 million in budgeted costs to be recovered through FY 
2012 annual fees assessed to the power reactor class was calculated as 
shown in Table XIII. The FY 2011 values are shown for comparison. 
(Individual values may not sum to totals due to rounding.)

Table XIII--Annual Fee Summary Calculations for Operating Power Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2011 Final     FY 2012 Final
------------------------------------------------------------------------
Total budgeted resources............            $783.6            $781.4
Less estimated 10 CFR part 170                  -320.6            -295.5
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...             463.0             486.0
Allocated generic transportation....              +0.9              +1.3
Fee-relief adjustment/LLW surcharge.              -3.4              -6.3
Billing adjustments.................               0.4              -7.3
                                     -----------------------------------
    Total required annual fee                    460.9             473.7
     recovery.......................
------------------------------------------------------------------------

    The annual fee for power reactors increase in FY 2012 compared to 
FY 2011 due to higher fee-relief adjustments/LLW surcharges and billing 
adjustments compared to FY 2011. The budgeted costs to be recovered 
through annual fees to power reactors are divided equally among the 104 
power reactors licensed to operate, resulting in an FY 2012 annual fee 
of $4,555,000 per reactor. Additionally, each power reactor licensed to 
operate would be assessed the FY 2012 spent fuel storage/reactor 
decommissioning annual fee of $211,000. The total FY 2012 annual fee is 
$4,766,000 for each power reactor licensed to operate. The annual fees 
for power reactors are presented in Sec.  171.15.
d. Spent Fuel Storage/Reactors in Decommissioning
    For FY 2012, budgeted costs of $25.9 million for spent fuel 
storage/reactor decommissioning are to be recovered through annual fees 
assessed to 10 CFR part 50 power reactors, and to 10 CFR part 72 
licensees who do not hold a 10 CFR part 50 license. Those reactor 
licensees that have ceased operations and have no fuel onsite are not 
subject to these annual fees. Table XIV shows the calculation of this 
annual fee amount. The FY 2011 values are shown for comparison. 
(Individual values may not sum to totals due to rounding.)

 Table XIV--Annual Fee Summary Calculations for the Spent Fuel Storage/
                  Reactor in Decommissioning Fee Class
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2011 Final     FY 2012 Final
------------------------------------------------------------------------
Total budgeted resources............             $33.4             $29.4
Less estimated 10 CFR part 170                    -4.0              -3.6
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...              29.4              25.8
Allocated generic transportation....              +0.5              +0.7
Fee-relief adjustment...............              -0.2              -0.3
Billing adjustments.................               0.0              -0.3
                                     -----------------------------------
    Total required annual fee                     29.7              22.9
     recovery.......................
------------------------------------------------------------------------

    The value of total budgeted resources for this fee class is lower 
in FY 2012 than in FY 2011, due to decreased budgeted resources for 
spent fuel storage licensing and certification activities, higher fee-
relief surplus and billing adjustment, and underestimated 10 CFR part 
170 collections. The required annual fee recovery amount is divided 
equally among 123 licensees, resulting in an FY 2012 annual fee of 
$211,000 per licensee.
e. Research and Test Reactors (Nonpower Reactors)
    Approximately $139,000 in budgeted costs is to be recovered through 
annual fees assessed to the research and test reactor class of licenses 
for FY 2012. Table XV summarizes the annual fee calculation for 
research and test reactors for FY 2012. The FY 2011 values are shown 
for comparison. (Individual values may not sum to totals due to 
rounding.)

Table XV--Annual Fee Summary Calculations for Research and Test Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2011 Final     FY 2012 Final
------------------------------------------------------------------------
Total budgeted resources............             $1.87             $1.68
Less estimated 10 CFR part 170                   -1.54             -1.54
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...              0.33              0.14
Allocated generic transportation....             +0.02             +0.03

[[Page 35823]]

 
Fee-relief adjustment...............             -0.01             -0.05
Billing adjustments.................              0.00             -0.02
                                     -----------------------------------
    Total required annual fee                     0.35              0.13
     recovery.......................
------------------------------------------------------------------------

    The decrease in annual fees from FY 2011 to FY 2012 is primarily 
due to decreased budgetary resources for nonbillable power reactors. 
The required annual fee recovery amount is divided equally among the 
four research and test reactors subject to annual fees and results in 
an FY 2012 annual fee of $34,700 for each licensee.
f. Rare Earth Facilities
    The agency does not anticipate receiving an application for a rare 
earth facility this fiscal year, so no budgeted resources are allocated 
to this fee class, and no annual fee will be published in FY 2012.
g. Materials Users
    For FY 2012, budget costs of $30.4 million for material users are 
to be recovered through annual fees assessed to 10 CFR part 30 
licensees. Table XVI shows the calculation of the FY 2012 annual fee 
amount for materials users' licensees. The FY 2011 values are shown for 
comparison. Note the following fee categories under Sec.  171.16 are 
included in this fee class: 1.C., 1.D., 2.B., 2.C., 3.A. through 3.S., 
4.A. through 4.C., 5.A., 5.B., 6.A., 7.A. through 7.C., 8.A., 9.A. 
through 9.D., 16, and 17. (Individual values may not sum to totals due 
to rounding.)

     Table XVI--Annual Fee Summary Calculations for Materials Users
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2011 Final     FY 2012 Final
------------------------------------------------------------------------
Total budgeted resources............             $30.0             $30.6
Less estimated 10 CFR part 170                    -1.6              -1.6
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...              28.5              29.0
Allocated generic transportation....              +1.0              +1.5
Fee-relief adjustment/LLW surcharge.              -0.0              +0.1
Billing adjustments.................              -0.0              -0.2
                                     -----------------------------------
    Total required annual fee                     29.5              30.4
     recovery.......................
------------------------------------------------------------------------

    The total required annual fees to be recovered from materials 
licensees increase in FY 2012, mainly because of increases in the 
budgeted resources allocated to this fee class for oversight activities 
and a higher LLW surcharge partially offset by higher billing 
adjustments compared to FY 2011. Annual fees for most fee categories 
within the materials users' fee class increase.
    To equitably and fairly allocate the $30.4 million in FY 2012 
budgeted costs to be recovered in annual fees assessed to the 
approximately 3,000 diverse materials users licensees, the NRC will 
continue to base the annual fees for each fee category within this 
class 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 license, this 
approach continues to provide a proxy for allocating the generic and 
other regulatory costs to the diverse categories of licenses based on 
the NRC's cost to regulate each category. This fee calculation also 
continues to consider the inspection frequency (priority), which is 
indicative of the safety risk and resulting regulatory costs associated 
with the categories of licenses.
    The annual fee for these categories of materials users' licenses is 
developed as follows: Annual fee = Constant x [Application Fee + 
(Average Inspection Cost divided by Inspection Priority)] + Inspection 
Multiplier x (Average Inspection Cost divided by Inspection Priority) + 
Unique Category Costs.
    The constant is the multiple necessary to recover approximately 
$22.2 million in general costs (including allocated generic 
transportation costs) and is 1.58 for FY 2012. The average inspection 
cost is the average inspection hours for each fee category multiplied 
by the hourly rate of $274. The inspection priority is the interval 
between routine inspections, expressed in years. The inspection 
multiplier is the multiple necessary to recover approximately $8.0 
million in inspection costs, and is 2.3 for FY 2012. The unique 
category costs are any special costs that the NRC has budgeted for a 
specific category of licenses. For FY 2012, approximately $110,000 in 
budgeted costs for the implementation of revised 10 CFR part 35, 
Medical Use of Byproduct Material (unique costs), has been allocated to 
holders of NRC human-use licenses.
    The annual fee to be assessed to each licensee also includes a 
share of the fee-relief surplus adjustment of approximately $282,000 
allocated to the materials users fee class (see Section III.B.1, 
``Application of Fee-Relief and Low-Level Waste Surcharge,'' of this 
document), and for certain categories of these licensees, a share of 
the approximately $335,000 in LLW surcharge costs allocated to the fee 
class. The annual fee for each fee category is shown in Sec.  
171.16(d).
h. Transportation
    Table XVII shows the calculation of the FY 2012 generic 
transportation budgeted resources to be recovered through annual fees. 
The FY 2011 values are shown for comparison. (Individual values may not 
sum to totals due to rounding.)

[[Page 35824]]



     Table XVII--Annual Fee Summary Calculations for Transportation
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2011 Final     FY 2012 Final
------------------------------------------------------------------------
Total budgeted resources............              $7.5              $9.2
Less estimated 10 CFR part 170                    -3.4              -3.4
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...               4.1               5.9
------------------------------------------------------------------------

    The NRC must approve any package used for shipping nuclear material 
before shipment. If the package meets NRC requirements, the NRC issues 
a Radioactive Material Package Certificate of Compliance (CoC) to the 
organization requesting approval of a package. Organizations are 
authorized to ship radioactive material in a package approved for use 
under the general licensing provisions of 10 CFR part 71, ``Packaging 
and Transportation of Radioactive Material.'' The resources associated 
with generic transportation activities are distributed to the license 
fee classes based on the number of CoCs benefitting (used by) that fee 
class, as a proxy for the generic transportation resources expended for 
each fee class.
    The total FY 2012 budgetary resources for generic transportation 
activities including those to support DOE CoCs is $5.9 million. The 
increase in 10 CFR part 171 resources in FY 2012 compared to FY 2011 is 
primarily due to an increase in budgeted resources for transportation 
regulatory programs. Generic transportation resources associated with 
fee-exempt entities are not included in this total. These costs are 
included in the appropriate fee-relief category (e.g., the fee-relief 
category for nonprofit educational institutions).
    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30721; May 30, 2006), the NRC will recover generic 
transportation costs unrelated to DOE as part of existing annual fees 
for license fee classes. The NRC will continue to assess a separate 
annual fee under Sec.  171.16, fee Category 18.A., for DOE 
transportation activities. The amount of the allocated generic 
resources is calculated by multiplying the percentage of total CoCs 
used by each fee class (and DOE) by the total generic transportation 
resources to be recovered.
    The distribution of these resources to the license fee classes and 
DOE is shown in Table XVIII. The distribution is adjusted to account 
for the licensees in each fee class that are fee-exempt. For example, 
if 4 CoCs benefit the entire research and test reactor class, but only 
4 of 31 research and test reactors are subject to annual fees, the 
number of CoCs used to determine the proportion of generic 
transportation resources allocated to research and test reactor annual 
fees equals (4/31)*4, or 0.5 CoCs.

                     Table XVIII--Distribution of Generic Transportation Resources, FY 2012
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Allocated
                                                               Number CoCs      Percentage of        generic
                   License fee class/DOE                     benefiting fee      total CoCs      transportation
                                                              class or DOE                          resources
----------------------------------------------------------------------------------------------------------------
Total.....................................................              87.5             100.0             $5.86
DOE.......................................................              21.0              24.0              1.41
Operating Power Reactors..................................              20.0              22.9              1.34
Spent Fuel Storage/Reactor Decommissioning................              10.0              11.4              0.67
Research and Test Reactors................................               0.5               0.6              0.03
Fuel Facilities...........................................              13.0              14.8              0.87
Materials Users...........................................              23.0              26.3              1.54
----------------------------------------------------------------------------------------------------------------

    The NRC assesses an annual fee to DOE based on the 10 CFR part 71 
CoCs it holds and does not allocate these DOE-related resources to 
other licensees' annual fees, because these resources specifically 
support DOE. Note that DOE's annual fee includes a reduction for the 
fee-relief surplus adjustment (see Section III.B.1, ``Application of 
Fee-Relief and Low-Level Waste Surcharge,'' of this document), 
resulting in a total annual fee of $1,309,000 for FY 2012. This fee 
increase from FY 2011 is primarily related to higher budgeted resources 
for the NRC's transportation activities.
3. Administrative Amendments
    This rule makes certain administrative changes for clarity:
    a. Sec.  171.16(d), revises fee schedule. Under 10 CFR part 170, 
the descriptions for categories 14.A. and 14.B. are revised to add the 
phrase ``including MMLs'' to capture work activities outside of the 
category 17 description involving decommissioning actions and 
activities for MML agencies (i.e., U.S. Department of Veterans Affairs, 
U.S. Navy, U.S. Air Force) and the fees are subject to full cost. This 
methodology ensures equitable fee distribution among licensees by 
charging the full cost for services over and above routine oversight 
activities to specific MMLs while minimizing the financial impact of 
annual fee distribution for all MMLs for the next biennial review.
    b. Identifies ``POL'' under 10 CFR 171.17, ``Proration,'' as 
``possession-only-license;'' and
    c. Revises the language for clarity under 10 CFR 171.17(a)(3) and 
(b)(3) for downgraded licenses.
    In summary, the NRC makes the following changes to 10 CFR part 171:
    1. Uses the NRC's fee-relief surplus to reduce all licensees' 
annual fees, based on their percentage share of the NRC budget;
    2. Establishes rebaselined annual fees for FY 2012; and
    3. Makes administrative changes to Sec. Sec.  171.16 and 171.17.

IV. Plain Writing

    The Plain Writing Act of 2010, (Pub. L. 111-274), requires Federal 
agencies to write documents in a clear, concise,

[[Page 35825]]

well-organized manner that also follows other best practices 
appropriate to the subject or field and the intended audience. The NRC 
has attempted to use plain language in promulgating this rule 
consistent with the Federal Plain Writing Act guidelines.

V. Availability of Documents

    The NRC is making the documents identified below available to 
interested persons through one or more of the following methods, as 
indicated. To access documents related to this action, see the 
ADDRESSES section of this document.

 
----------------------------------------------------------------------------------------------------------------
                 Document                         PDR                Web                      ADAMS
----------------------------------------------------------------------------------------------------------------
FY 2012 Work Papers......................                 X   .................  ML12150A163
Regulatory Flexibility Analysis..........  .................  .................  ML12046A885
Small Entity Compliance Guide............  .................  .................  ML12041A317
NUREG-1100, Volume 27, ``Congressional                    X   .................  ML12137A853
 Budget Justification: Fiscal Year 2012''
 (February 2011).
NRC Form 526.............................  .................                 X   ...............................
----------------------------------------------------------------------------------------------------------------

VI. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 3701) requires that Federal agencies use technical standards 
that are developed or adopted by voluntary consensus standards bodies, 
unless using these standards is inconsistent with applicable law or is 
otherwise impractical. The NRC amending the licensing, inspection, and 
annual fees charged to its licensees and applicants, as necessary, to 
recover approximately 90 percent of its budget authority in FY 2012, as 
required by the OBRA-90, as amended. This action does not constitute 
the establishment of a standard that contains generally applicable 
requirements.

VII. Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, 
neither an environmental assessment nor an environmental impact 
statement has been prepared for the final rule. By its very nature, 
this regulatory action does not affect the environment and, therefore, 
no environmental justice issues are raised.

VIII. Paperwork Reduction Act Statement

    This final rule does not contain information collection 
requirements and, therefore, is not subject to the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement, unless the requesting document displays a currently valid 
Office of Management and Budget control number.

IX. Regulatory Analysis

    Under OBRA-90, as amended, and the Atomic Energy Act of 1954 (AEA), 
as amended, the NRC is required to recover 90 percent of its budget 
authority, or $909.5 million in FY 2012. The NRC established fee 
methodology guidelines for 10 CFR part 170 in 1978 and more fee 
methodology guidelines through the establishment of 10 CFR part 171 in 
1986. In subsequent rulemakings, the NRC has adjusted its fees without 
changing the underlying principles of its fee policy in order to ensure 
that the NRC continues to comply with the statutory requirements for 
cost recovery in OBRA-90 and the AEA.
    In this rulemaking, the NRC proposes to continue this long-standing 
approach. Therefore, the NRC did not identify any alternatives to the 
current fee structure guidelines and did not prepare a regulatory 
analysis for this rulemaking.

X. Regulatory Flexibility Analysis

    Section 604 of the Regulatory Flexibility Act requires agencies to 
perform an analysis that considers the impact of a rulemaking on small 
entities. The NRC's regulatory flexibility analysis for this final rule 
is available as indicated in Section V, Availability of Documents, of 
this document, and a summary is provided in the following paragraphs.
    The NRC is required by the OBRA-90, as amended, to recover 
approximately 90 percent of its FY 2012 budget authority through the 
assessment of user fees. The OBRA-90 further requires that the NRC 
establish a schedule of charges that fairly and equitably allocates the 
aggregate amount of these charges among licensees.
    The FY 2012 final rule establishes the schedules of fees necessary 
for the NRC to recover 90 percent of its budget authority for FY 2012. 
This final rule results in some increases in those annual fees charged 
to certain licensees and holders of certificates, registrations, and 
approvals, and in decreases in those annual fees charged to others. 
Licensees affected by the annual fee increases and decreases include 
those that qualify as small entities under the NRC's size standards in 
10 CFR 2.810.
    The NRC prepared a final biennial regulatory analysis in FY 2011, 
in accordance with the FY 2001 final rule (66 FR 32467; June 14, 2001). 
The rule also stated the small entity fees will be reexamined every two 
years and in the same years the NRC conducts the biennial review of 
fees as required by the Office of Chief Financial Officer Act.
    For this final fee rule, small entity fees remain unchanged at 
$2,300 for the maximum upper-tier small entity fee and $500 for the 
lower-tier small entity to ease the financial burden for small 
entities. The next small entity biennial review is scheduled for FY 
2013.
    Finally, the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) 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, has prepared the ``Small Entity Compliance Guide,'' which is 
available as indicated in Section V, Availability of Documents, of this 
document.

XI. Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule and that a backfit analysis is not 
required. A backfit analysis is not required because these amendments 
do not require the modification of, or addition to, systems, 
structures, components, or the design of a facility, or the design 
approval or manufacturing license for a facility, or the procedures or 
organization required to design, construct, or operate a facility.

[[Page 35826]]

XII. Congressional Review Act

    In accordance with the Congressional Review Act of 1996 (5 U.S.C. 
801-808), the NRC has determined that this action is a major rule and 
has verified the determination with the Office of Information and 
Regulatory Affairs of the Office of Management and Budget.

List of Subjects

10 CFR Part 170

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

10 CFR Part 171

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

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

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

    Authority:  Independent Offices Appropriations Act sec. 501 (31 
U.S.C. 9701); Atomic Energy Act sec. 161(w) (42 U.S.C. 2201(w)); 
Energy Reorganization Act sec. 201 (42 U.S.C. 5841); Chief Financial 
Officers Act sec. 205 (31 U.S.C. 901, 902); Government Paperwork 
Elimination Act sec. 1704, (44 U.S.C. 3504 note); Energy Policy Act 
secs. 623, Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58, 
119 Stat. 783 (42 U.S.C. 2201(w), 2014, 2021, 2021b, 2111).


0
2. Section 170.20 is revised to read as follows:


Sec.  170.20  Average cost per professional staff-hour.

    Fees for permits, licenses, amendments, renewals, special projects, 
10 CFR part 55 re-qualification and replacement examinations and tests, 
other required reviews, approvals, and inspections under Sec. Sec.  
170.21 and 170.31 will be calculated using the professional staff-hour 
rate of $274 per hour.
0
3. In Sec.  170.21, in the table, the heading for fee category G and 
fee category K are revised to read as follows:


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

* * * * *

                        Schedule of Facility Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
     Facility categories and type of fees               Fees 1 2
------------------------------------------------------------------------
 
                              * * * * * * *
G. Other Production or Utilization Facility:
 
                              * * * * * * *
K. Import and export licenses:
Licenses for the import and export only of
 production or utilization facilities or the
 export only of components for production or
 utilization facilities issued under 10 CFR
 part 110.
    1. Application for import or export of
     production or utilization facilities \4\
     (including reactors and other
     facilities) and exports of components
     requiring Commission and Executive
     Branch review, for example, actions
     under 10 CFR 110.40(b).
        Application--new license, or           $17,800.
         amendment; or license exemption
         request.
    2. Application for export of reactor and
     other components requiring Executive
     Branch review, for example, those
     actions under 10 CFR 110.41(a).
        Application--new license, or           $9,600.
         amendment; or license exemption
         request.
    3. Application for export of components
     requiring the assistance of the
     Executive Branch to obtain foreign
     government assurances.
        Application--new license, or           $4,400.
         amendment; or license exemption
         request.
    4. Application for export of facility
     components and equipment not requiring
     Commission or Executive Branch review,
     or obtaining foreign government
     assurances.
        Application--new license, or           $2,700.
         amendment; or license exemption
         request.
    5. Minor amendment of any active export
     or import license, for example, to
     extend the expiration date, change
     domestic information, or make other
     revisions which do not involve any
     substantive changes to license terms or
     conditions or to the type of facility or
     component authorized for export and
     therefore, do not require in-depth
     analysis or review or consultation with
     the Executive Branch, U.S. host state,
     or foreign government authorities.
        Minor amendment to license...........  $1,400.
------------------------------------------------------------------------
\1\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under Sec.   2.202 of
  this chapter or for amendments resulting specifically from the
  requirements of these orders. For orders unrelated to civil penalties
  or other civil sanctions, fees will be charged for any resulting
  licensee-specific activities not otherwise exempted from fees under
  this chapter. Fees will be charged for approvals issued under a
  specific exemption provision of the Commission's regulations under
  Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10
  CFR 73.5) and any other sections in effect now or in the future,
  regardless of whether the approval is in the form of a license
  amendment, letter of approval, safety evaluation report, or other
  form.
\2\ Full cost fees will be determined based on the professional staff
  time and appropriate contractual support services expended. For
  applications currently on file and for which fees are determined based
  on the full cost expended for the review, the professional staff hours
  expended for the review of the application up to the effective date of
  the final rule will be determined at the professional rates in effect
  when the service was provided. For those applications currently on
  file for which review costs have reached an applicable fee ceiling
  established by the June 20, 1984, and July 2, 1990, rules, but are
  still pending completion of the review, the cost incurred after any
  applicable ceiling was reached through January 29, 1989, will not be
  billed to the applicant. Any professional staff-hours expended above
  those ceilings on or after January 30, 1989, will be assessed at the
  applicable rates established by Sec.   170.20, as appropriate, except
  for topical reports whose costs exceed $50,000. Costs which exceed
  $50,000 for any topical report, amendment, revision, or supplement to
  a topical report completed or under review from January 30, 1989,
  through August 8, 1991, will not be billed to the applicant. Any
  professional hours expended on or after August 9, 1991, will be
  assessed at the applicable rate established in Sec.   170.20.

[[Page 35827]]

 
\3\ * * * * * * * * *
\4\ Imports only of major components for end-use at NRC-licensed
  reactors are now authorized under NRC general import license.


0
4. In Sec.  170.31, the table is revised to read as follows:


Sec.  170.31  Schedule of fees for materials licenses and other 
regulatory services, including inspections and import and export 
licenses.

* * * * *

                       Schedule of Materials Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
  Category of materials licenses and type of
                   fees \1\                             Fee 2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of
     U-235 or plutonium for fuel fabrication
     activities
        (a) Strategic Special Nuclear          Full Cost.
         Material (High Enriched Uranium)
         [Program Code(s): 21130].
        (b) Low Enriched Uranium in            Full Cost.
         Dispersible Form Used for
         Fabrication of Power Reactor Fuel
         [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            Full Cost.
         operations [Program Code(s): 21310,
         21320].
        (b) Gas centrifuge enrichment          Full Cost.
         demonstration facilities.
        (c) Others, including hot cell         Full Cost.
         facilities.
    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) [Program Code(s):
     23200]
    C. Licenses for possession and use of
     special nuclear material in sealed
     sources contained in devices used in
     industrial measuring systems, including
     x-ray fluorescence analyzers.\4\
        Application [Program Code(s): 22140].  $1,300.
    D. All other special nuclear material
     licenses, except licenses authorizing
     special nuclear material in unsealed
     form in combination that would
     constitute a critical quantity, as
     defined in Sec.   150.11 of this
     chapter, for which the licensee shall
     pay the same fees as those under
     Category 1.A.\4\
        Application [Program Code(s): 22110,   $2,500.
         22111, 22120, 22131, 22136, 22150,
         22151, 22161, 22163, 22170, 23100,
         23300, 23310].
    E. Licenses or certificates for            Full Cost.
     construction and operation of a uranium
     enrichment facility [Program Code(s):
     21200]
2. Source material:
    A. (1) Licenses for possession and use of  Full Cost.
     source material for refining uranium
     mill concentrates to uranium
     hexafluoride [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.
        (a) Conventional and Heap Leach        Full Cost.
         facilities [Program Code(s): 11100].
        (b) Basic In Situ Recovery facilities  Full Cost.
         [Program Code(s): 11500].
        (c) Expanded In Situ Recovery          Full Cost.
         facilities [Program Code(s): 11510].
        (d) In Situ Recovery Resin facilities  Full Cost.
         [Program Code(s): 11550].
        (e) Resin Toll Milling facilities      Full Cost.
         [Program Code(s): 11555].
        (f) Other facilities [Program          Full Cost.
         Code(s): 11700].
    (3) Licenses that authorize the receipt    Full Cost.
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal, except those licenses
     subject to the fees in Category 2.A.(2)
     or Category 2.A.(4) [Program Code(s):
     11600, 12000].
    (4) Licenses that authorize the receipt    Full Cost.
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal incidental to the disposal
     of the uranium waste tailings generated
     by the licensee's milling operations,
     except those licenses subject to the
     fees in Category 2.A.(2) [Program
     Code(s): 12010].
    (5) Licenses that authorize the            Full Cost.
     possession of source material related to
     removal of contaminants (source
     material) from drinking water [Program
     Code(s): 11820].
    B. Licenses which authorize the
     possession, use, and/or installation of
     source material for shielding.
        Application [Program Code(s): 11210].  $600.
    C. All other source material licenses.
        Application [Program Code(s): 11200,   $5,400.
         11220, 11221, 11230, 11300, 11800,
         11810].
3. Byproduct material:
    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.
        Application [Program Code(s): 03211,   $12,800.
         03212, 03213].
    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.
        Application [Program Code(s): 03214,   $4,400.
         03215, 22135, 22162].
    C. Licenses issued under Sec.  Sec.
     32.72 and/or 32.74 of this chapter that
     authorize the processing or
     manufacturing and distribution or
     redistribution of radiopharmaceuticals,
     generators, reagent kits, and/or sources
     and devices containing byproduct
     material. This category does not apply
     to licenses issued to nonprofit
     educational institutions whose
     processing or manufacturing is exempt
     under Sec.   170.11(a)(4).
        Application [Program Code(s): 02500,   $6,500.
         02511, 02513].
    D. [Reserved]............................  N/A.
    E. Licenses for possession and use of
     byproduct material in sealed sources for
     irradiation of materials in which the
     source is not removed from its shield
     (self-shielded units).

[[Page 35828]]

 
        Application [Program Code(s): 03510,   $3,200.
         03520].
    F. Licenses for possession and use of
     less 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): 03511].  $6,400.
    G. Licenses for possession and use of
     10,000 curies or more 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].  $61,200.
    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,   $4,300.
         03255].
    I. Licenses issued under Subpart A of
     part 32 of this chapter to distribute
     items containing byproduct material or
     quantities of byproduct material that do
     not require device evaluation to persons
     exempt from the licensing requirements
     of part 30 of this chapter. This
     category does not include specific
     licenses authorizing redistribution of
     items that have been authorized for
     distribution to persons exempt from the
     licensing requirements of part 30 of
     this chapter.
        Application [Program Code(s): 03250,   $11,500.
         03251, 03252, 03253, 03256].
    J. Licenses issued under Subpart B of
     part 32 of this chapter to distribute
     items containing byproduct material that
     require sealed source and/or device
     review to persons generally licensed
     under part 31 of this chapter. This
     category does not include specific
     licenses authorizing redistribution of
     items that have been authorized for
     distribution to persons generally
     licensed under part 31 of this chapter.
        Application [Program Code(s): 03240,   $2,000.
         03241, 03243].
    K. Licenses issued under Subpart B of
     part 32 of this chapter to distribute
     items containing byproduct material or
     quantities of byproduct material that do
     not require sealed source and/or device
     review to persons generally licensed
     under part 31 of this chapter. This
     category does not include specific
     licenses authorizing redistribution of
     items that have been authorized for
     distribution to persons generally
     licensed under part 31 of this chapter.
        Application [Program Code(s): 03242,   $1,100.
         03244].
    L. Licenses of broad scope for possession
     and use of byproduct material issued
     under parts 30 and 33 of this chapter
     for research and development that do not
     authorize commercial distribution.
        Application [Program Code(s): 01100,   $5,400.
         01110, 01120, 03610, 03611, 03612,
         03613].
    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].  $3,500.
    N. Licenses that authorize services for
     other licensees, except:
        (1) Licenses that authorize only
         calibration and/or leak testing
         services are subject to the fees
         specified in fee Category 3.P.; and
        (2) Licenses that authorize waste
         disposal services are subject to the
         fees specified in fee Categories
         4.A., 4.B., and 4.C.
            Application [Program Code(s):      $6,400.
             03219, 03225, 03226].
    O. Licenses for possession and use of
     byproduct material issued under part 34
     of this chapter for industrial
     radiography operations.
        Application [Program Code(s): 03310,   $4,000.
         03320].
    P. All other specific byproduct material
     licenses, except those in Categories
     4.A. through 9.D.
        Application [Program Code(s): 02400,   $1,500.
         02410, 03120, 03121, 03122, 03123,
         03124, 03220, 03221, 03222, 03800,
         03810, 22130].
    Q. Registration of a device(s) generally
     licensed under part 31 of this chapter.
        Registration.........................  $400.
    R. Possession of items or products
     containing radium-226 identified in 10
     CFR 31.12 which exceed the number of
     items or limits specified in that
     section.\5\
        1. Possession of quantities exceeding
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less
         than or equal to 10 times the number
         of items or limits specified.
            Application [Program Code(s):      $2,500.
             02700].
        2. Possession of quantities exceeding
         10 times the number of items or
         limits specified in 10 CFR
         31.12(a)(4), or (5).
            Application [Program Code(s):      $1,500.
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.
        Application [Program Code(s): 03210].  $6,500.
4. Waste disposal and processing:
    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. [Program
     Code(s): 03231, 03233, 03235, 03236,
     06100, 06101]
    B. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of packaging or repackaging the
     material. The licensee will dispose of
     the material by transfer to another
     person authorized to receive or dispose
     of the material.
        Application [Program Code(s): 03234].  $8,400.

[[Page 35829]]

 
    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].  $4,900.
5. 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.
        Application [Program Code(s): 03110,   $3,300.
         03111, 03112].
    B. Licenses for possession and use of
     byproduct material for field flooding
     tracer studies.
        Licensing [Program Code(s): 03113]...  Full Cost.
6. Nuclear laundries:
    A. Licenses for commercial collection and
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material.
        Application [Program Code(s): 03218].  $21,800.
7. 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.
        Application [Program Code(s): 02300,   $8,800.
         02310].
    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.
        Application [Program Code(s): 02110].  $8,500.
    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.
        Application [Program Code(s): 02120,   $2,700.
         02121, 02200, 02201, 02210, 02220,
         02230, 02231, 02240, 22160].
8. Civil defense:
    A. Licenses for possession and use of
     byproduct material, source material, or
     special nuclear material for civil
     defense activities.
        Application [Program Code(s): 03710].  $2,500.
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.............  $7,700.
    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.............  $8,900.
    C. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel, for commercial
     distribution.
        Application--each source.............  $10,400.
    D. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     manufactured in accordance with the
     unique specifications of, and for use
     by, a single applicant, except reactor
     fuel.
        Application--each source.............  $1,040.
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......................  $3,900.
            Inspections......................  Full Cost.
        2. Users.
            Application......................  $3,900.
            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, preapplication/       Full Cost.
     licensing activities, and inspections.
13. A. Spent fuel storage cask Certificate of  Full Cost.
 Compliance.
    B. Inspections related to storage of       Full Cost.
     spent fuel under Sec.   72.210 of this
     chapter.
14. 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
 MMLs.
    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:

[[Page 35830]]

 
Licenses issued under part 110 of this
 chapter for the import and export only of
 special nuclear material, source material,
 tritium and other byproduct material, and
 the export only of heavy water, or nuclear
 grade graphite (fee categories 15.A. through
 15.E.).
    A. Application for export or import of
     nuclear materials, including radioactive
     waste requiring Commission and Executive
     Branch review, for example, those
     actions under 10 CFR 110.40(b).
        Application--new license, or           $17,800.
         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 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           $9,600.
         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           $4,400.
         amendment; or license exemption
         request.
    D. Application for export or import of
     nuclear material, including radioactive
     waste, not requiring Commission or
     Executive Branch review, or obtaining
     foreign government assurances. This
     category includes applications for
     export or import of radioactive waste
     where the NRC has previously authorized
     the export or import of the same form of
     waste to or from the same or similar
     parties located in the same country,
     requiring only confirmation from the
     receiving facility and licensing
     authorities that the shipments may
     proceed according to previously agreed
     understandings and procedures.
        Application--new license, or           $2,700.
         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......................  $1,400.
Licenses issued under part 110 of this
 chapter for the import and export only of
 Category 1 and Category 2 quantities of
 radioactive material listed in Appendix P to
 part 110 of this chapter (fee categories
 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR part 110)
 Exports:
    F. Application for export of Appendix P
     Category 1 materials requiring
     Commission review (e.g. exceptional
     circumstance review under 10 CFR
     110.42(e)(4)) and to obtain one
     government-to-government consent for
     this process. For additional consent see
     15.I.).
        Application--new license, or           $15,100.
         amendment; or license exemption
         request.
    G. Application for export of Appendix P
     Category 1 material requiring Executive
     Branch review and to obtain one
     government-to-government consent for
     this process. For additional consents
     see 15.I.
        Application--new license, or           $8,800.
         amendment; or license exemption
         request.
    H. Application for export of Appendix P
     Category 1 Materials and to obtain one
     government-to-government consent for
     this process. For additional consents
     see 15.I.
        Application--new license, or           $5,500.
         amendment; or license exemption
         request.
    I. Requests for additional government-to-
     government consents in support of an
     export license application or active
     export license.
        Application--new license, or           $270.
         amendment; or license exemption
         request.
Category 2 (Appendix P, 10 CFR part 110)
 Exports:
    J. Application for export of Appendix P
     Category 2 materials requiring
     Commission review (e.g. exceptional
     circumstance review under 10 CFR
     110.42(e)(4)).
        Application--new license, or           $15,100.
         amendment; or license exemption
         request.
    K. Applications for export of Appendix P
     Category 2 materials requiring Executive
     Branch review.
        Application--new license, or           $8,800.
         amendment; or license exemption
         request.
    L. Application for the export of Category
     2 materials.
        Application--new license, or           $5,500.
         amendment; or license exemption
         request.
    M. [Reserved]............................  N/A.
    N. [Reserved]............................  N/A.
    O. [Reserved]............................  N/A.
    P. [Reserved]............................  N/A.
    Q. [Reserved]............................  N/A.
Minor Amendments (Category 1 and 2, Appendix
 P, 10 CFR part 110, Export):
    R. Minor amendment of any active export
     license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions
     which do not involve any substantive
     changes to license terms and conditions
     or to the type/quantity/chemical
     composition of the material authorized
     for export and, therefore, do not
     require in-depth analysis, review, or
     consultations with other Executive
     Branch, U.S. host state, or foreign
     authorities.
        Minor amendment......................  $1,400.
16. Reciprocity:
Agreement State licensees who conduct
 activities under the reciprocity provisions
 of 10 CFR 150.20.
    Application..............................  $2,300.
17. Master materials licenses of broad scope
 issued to Government agencies.
    Application [Program Code(s): 03614].....  Full Cost.
18. Department of Energy.
    A. Certificates of Compliance. Evaluation  Full Cost.
     of casks, packages, and shipping
     containers (including spent fuel, high-
     level waste, and other casks, and
     plutonium air packages).

[[Page 35831]]

 
    B. Uranium Mill Tailings Radiation         Full Cost.
     Control Act (UMTRCA) activities..
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
  assessed for preapplication consultations and reviews; applications
  for new licenses, approvals, or license terminations; possession-only
  licenses; issuances of new licenses and approvals; certain amendments
  and renewals to existing licenses and approvals; safety evaluations of
  sealed sources and devices; generally licensed device registrations;
  and certain inspections. The following guidelines apply to these
  charges:
(a) Application and registration fees. Applications for new materials
  licenses and export and import licenses; applications to reinstate
  expired, terminated, or inactive licenses, except those subject to
  fees assessed at full costs; applications filed by Agreement State
  licensees to register under the general license provisions of 10 CFR
  150.20; and applications for amendments to materials licenses that
  would place the license in a higher fee category or add a new fee
  category must be accompanied by the prescribed application fee for
  each category.
(1) Applications for licenses covering more than one fee category of
  special nuclear material or source material must be accompanied by the
  prescribed application fee for the highest fee category.
(2) Applications for new licenses that cover both byproduct material and
  special nuclear material in sealed sources for use in gauging devices
  will pay the appropriate application fee for fee Category 1.C. only.
(b) Licensing fees. Fees for reviews of applications for new licenses,
  renewals, and amendments to existing licenses, preapplication
  consultations and other documents submitted to the NRC for review, and
  project manager time for fee categories subject to full cost fees are
  due upon notification by the Commission in accordance with Sec.
  170.12(b).
(c) Amendment fees. Applications for amendments to export and import
  licenses must be accompanied by the prescribed amendment fee for each
  license affected. An application for an amendment to an export or
  import license or approval classified in more than one fee category
  must be accompanied by the prescribed amendment fee for the category
  affected by the amendment, unless the amendment is applicable to two
  or more fee categories, in which case the amendment fee for the
  highest fee category would apply.
(d) Inspection fees. Inspections resulting from investigations conducted
  by the Office of Investigations and nonroutine inspections that result
  from third-party allegations are not subject to fees. Inspection fees
  are due upon notification by the Commission in accordance with Sec.
  170.12(c).
(e) Generally licensed device registrations under 10 CFR 31.5.
  Submittals of registration information must be accompanied by the
  prescribed fee.
\2\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under 10 CFR 2.202 or
  for amendments resulting specifically from the requirements of these
  orders. For orders unrelated to civil penalties or other civil
  sanctions, fees will be charged for any resulting licensee-specific
  activities not otherwise exempted from fees under this chapter. Fees
  will be charged for approvals issued under a specific exemption
  provision of the Commission's regulations under Title 10 of the Code
  of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
  any other sections in effect now or in the future), regardless of
  whether the approval is in the form of a license amendment, letter of
  approval, safety evaluation report, or other form. In addition to the
  fee shown, an applicant may be assessed an additional fee for sealed
  source and device evaluations as shown in 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. For
  applications currently on file for which review costs have reached an
  applicable fee ceiling established by the June 20, 1984, and July 2,
  1990, rules, but are still pending completion of the review, the cost
  incurred after any applicable ceiling was reached through January 29,
  1989, will not be billed to the applicant. Any professional staff-
  hours expended above those ceilings on or after January 30, 1989, will
  be assessed at the applicable rates established by Sec.   170.20, as
  appropriate, except for topical reports for which costs exceed
  $50,000. Costs which exceed $50,000 for each topical report,
  amendment, revision, or supplement to a topical report completed or
  under review from January 30, 1989, through August 8, 1991, will not
  be billed to the applicant. Any professional hours expended on or
  after August 9, 1991, will be assessed at the applicable rate
  established in Sec.   170.20.
\4\ Licensees paying fees under Categories 1.A., 1.B., and 1.E. are not
  subject to fees under Categories 1.C. and 1.D. 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.)

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

    Authority: Consolidated Omnibus Budget Reconciliation Act sec. 
6101 Pub. L. 99-272, as amended by sec. 5601, Pub. L. 100-203 as 
amended by sec. 3201, Pub. L. 101-239, as amended by sec. 6101, Pub. 
L. 101-508, as amended by sec. 2903a, Pub. L. 102-486 (42 U.S.C. 
2213, 2214), and as amended by Title IV, Pub. L. 109-103 (42 U.S.C. 
2214); Atomic Energy Act sec. 161(w), 223, 234 (42 U.S.C. 2201(w), 
2273, 2282); Energy Reorganization Act sec. 201 (42 U.S.C. 5841); 
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 
note); Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58 (42 
U.S.C. 2014, 2021, 2021b, 2111).


0
6. In Sec.  171.15, paragraph (b)(1), the introductory text of 
paragraph (b)(2), paragraph (c)(1), the introductory text of paragraphs 
(c)(2) and (d)(1), and paragraphs (d)(2), (d)(3), and (e) are revised 
to read as follows:


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

* * * * *
    (b)(1) The FY 2012 annual fee for each operating power reactor 
which must be collected by September 30, 2012, is $4,766,000.
    (2) The FY 2012 annual fee is comprised of a base annual fee for 
power reactors licensed to operate, a base spent fuel storage/reactor 
decommissioning annual fee, and associated additional charges (fee-
relief adjustment). The activities comprising the spent storage/reactor 
decommissioning base annual fee are shown in paragraphs (c)(2)(i) and 
(ii) of this section. The activities comprising the FY 2012 fee-relief 
adjustment are shown in paragraph (d)(1) of this section. The 
activities comprising the FY 2012 base annual fee for operating power 
reactors are as follows:
* * * * *
    (c)(1) The FY 2012 annual fee for each power reactor holding a 10 
CFR part 50 license that is in a decommissioning or possession-only 
status and has spent fuel onsite, and for each independent spent fuel 
storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 
license, is $211,000.
    (2) The FY 2012 annual fee is comprised of a base spent fuel 
storage/reactor decommissioning annual fee (which is also included in 
the operating power reactor annual fee shown in paragraph (b) of this 
section) and an additional charge (fee-relief adjustment). The 
activities comprising the FY 2012 fee-relief adjustment are shown in 
paragraph (d)(1) of this section. The activities comprising the FY 2012 
spent

[[Page 35832]]

fuel storage/reactor decommissioning rebaselined annual fee are:
* * * * *
    (d)(1) The fee-relief adjustment allocated to annual fees includes 
a surcharge for the activities listed in paragraph (d)(1)(i) of this 
section, plus the amount remaining after total budgeted resources for 
the activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of 
this section are reduced by the appropriations the NRC receives for 
these types of activities. If the NRC's appropriations for these types 
of activities are greater than the budgeted resources for the 
activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of this 
section for a given FY, annual fees will be reduced. The activities 
comprising the FY 2012 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2012 fee-relief adjustment allocated to the 
operating power reactor class of licenses is a $6.3 million fee-relief 
surplus, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2012 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is 
approximately a $60,055 fee relief surplus. This amount is calculated 
by dividing the total operating power reactor fee-relief surplus 
adjustment, $6.3 million, by the number of operating power reactors 
(104).
    (3) The FY 2012 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a $331,202 fee-
relief surplus. The FY 2012 spent fuel storage/reactor decommissioning 
fee-relief adjustment to be assessed to each operating power reactor, 
each power reactor in decommissioning or possession-only status that 
has spent fuel onsite, and to each independent spent fuel storage 10 
CFR part 72 licensee who does not hold a 10 CFR part 50 license, is a 
$2,693 fee-relief surplus. This amount is calculated by dividing the 
total fee-relief adjustment costs allocated to this class by the total 
number of power reactor licenses, except those that permanently ceased 
operations and have no fuel onsite, and 10 CFR part 72 licensees who do 
not hold a 10 CFR part 50 license.
    (e) The FY 2012 annual fees for licensees authorized to operate a 
research and test (nonpower) reactor licensed under part 50 of this 
chapter, unless the reactor is exempted from fees under Sec.  
171.11(a), are as follows:


Research reactor--$34,700.

Test reactor--$34,700.

0
7. In Sec.  171.16, paragraph (d) and the introductory text of 
paragraph (e) are revised 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.

* * * * *
    (d) The FY 2012 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2012 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2012 annual fees for materials licensees 
and holders of certificates, registrations, or approvals subject to 
fees under this section are shown in the following table:

   Schedule of Materials Annual Fees and Fees for Government Agencies
                             Licensed by NRC
                     [See footnotes at end of table]
------------------------------------------------------------------------
        Category of materials licenses             Annual fees 1 2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of
     U-235 or plutonium for fuel fabrication
     activities.
        (a) Strategic Special Nuclear          $6,329,000.
         Material (High Enriched Uranium)
         [Program Code(s): 21130].
        (b) Low Enriched Uranium in            $2,382,000.
         Dispersible Form Used for
         Fabrication of Power Reactor Fuel
         [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            N/A.\5\
         operations [Program Code(s): 21310,
         21320].
        (b) Gas centrifuge enrichment          $1,225,000.
         demonstration facilities.
        (c) Others, including hot cell         $612,000.
         facilities.
    B. Licenses for receipt and storage of     \11\ N/A.
     spent fuel and reactor-related Greater
     than Class C (GTCC) waste at an
     independent spent fuel storage
     installation (ISFSI) [Program Code(s):
     23200]
    C. Licenses for possession and use of      $3,600.
     special nuclear material 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      $7,300.
     licenses, except licenses authorizing
     special nuclear material in unsealed
     form in combination that would
     constitute a critical quantity, as
     defined in Sec.   150.11 of this
     chapter, for which the licensee shall
     pay the same fees as those for Category
     1.A.(2) [Program Code(s): 22110, 22111,
     22120, 22131, 22136, 22150, 22151,
     22161, 22163, 22170, 23100, 23300,
     23310]
    E. Licenses or certificates for the        $3,403,000.
     operation of a uranium enrichment
     facility [Program Code(s): 21200]
2. Source material:
    A. (1) Licenses for possession and use of  $1,293,000.
     source material for refining uranium
     mill concentrates to uranium
     hexafluoride [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.
        (a) Conventional and Heap Leach        $23,600.
         facilities [Program Code(s): 11100].
        (b) Basic In Situ Recovery facilities  $29,900.
         [Program Code(s): 11500].
        (c) Expanded In Situ Recovery          $33,800.
         facilities [Program Code(s): 11510].
        (d) In Situ Recovery Resin facilities  $28,300.
         [Program Code(s): 11550].
        (e) Resin Toll Milling facilities      N/A.\5\
         [Program Code(s): 11555].
        (f) Other facilities \4\ [Program      N/A.\5\
         Code(s): 11700].
    (3) Licenses that authorize the receipt    N/A.\5\
     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) [Program Code(s):
     11600, 12000].

[[Page 35833]]

 
    (4) Licenses that authorize the receipt    $10,200.
     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) [Program
     Code(s): 12010].
    (5) Licenses that authorize the            $7,100.
     possession of source material related to
     removal of contaminants (source
     material) from drinking water [Program
     Code(s): 11820].
    B. Licenses that authorize only the        $1,800.
     possession, use, and/or installation of
     source material for shielding [Program
     Code(s): 11210]
    C. All other source material licenses      $12,400.
     [Program Code(s): 11200, 11220, 11221,
     11230, 11300, 11800, 11810]
3. Byproduct material:
    A. Licenses of broad scope for possession  $43,500.
     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 [Program
     Code(s): 03211, 03212, 03213]
    B. Other licenses for possession and use   $12,400.
     of byproduct material issued under part
     30 of this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution [Program Code(s): 03214,
     03215, 22135, 22162]
    C. Licenses issued under Sec.  Sec.        $16,900.
     32.72 and/or 32.74 of this chapter
     authorizing the processing or
     manufacturing and distribution or
     redistribution of radiopharmaceuticals,
     generators, reagent kits, and/or sources
     and devices containing byproduct
     material. This category also includes
     the possession and use of source
     material for shielding authorized under
     part 40 of this chapter when included on
     the same license. This category does not
     apply to licenses issued to nonprofit
     educational institutions whose
     processing or manufacturing is exempt
     under Sec.   171.11(a)(1). [Program
     Code(s): 02500, 02511, 02513]
    D. [Reserved]                              N/A.\5\
    E. Licenses for possession and use of      $9,100.
     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      $15,500.
     less 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): 03511]
    G. Licenses for possession and use of      $140,900.
     10,000 curies or more 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      $8,300.
     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]
    I. Licenses issued under subpart A of      $20,200.
     part 32 of this chapter to distribute
     items containing byproduct material or
     quantities of byproduct material that do
     not require device evaluation to persons
     exempt from the licensing requirements
     of part 30 of this chapter, except for
     specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     exempt from the licensing requirements
     of part 30 of this chapter [Program
     Code(s): 03250, 03251, 03252, 03253,
     03256]
    J. Licenses issued under subpart B of      $4,800.
     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      $3,200.
     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  $14,700.
     and use of byproduct material issued
     under parts 30 and 33 of this chapter
     for research and development that do not
     authorize commercial distribution
     [Program Code(s): 01100, 01110, 01120,
     03610, 03611, 03612, 03613]
    M. Other licenses for possession and use   $8,700.
     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    $14,900.
     other licensees, except: (1) Licenses
     that authorize only calibration and/or
     leak testing services are subject to the
     fees specified in fee Category 3.P.; and
     (2) Licenses that authorize waste
     disposal services are subject to the
     fees specified in fee categories 4.A.,
     4.B., and 4.C. [Program Code(s): 03219,
     03225, 03226]
    O. Licenses for possession and use of      $25,900.
     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 [Program
     Code(s): 03310, 03320]
    P. All other specific byproduct material   $4,900.
     licenses, except those in Categories
     4.A. through 9.D. [Program Code(s):
     02400, 02410, 03120, 03121, 03122,
     03123, 03124, 3140, 3130, 03220, 03221,
     03222, 03800, 03810, 22130]
    Q. Registration of devices generally       N/A.\13\
     licensed under part 31 of this chapter
    R. Possession of items or products
     containing radium-226 identified in 10
     CFR 31.12 which exceed the number of
     items or limits specified in that
     section:\14\
        1. Possession of quantities exceeding  $9,000.
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less
         than or equal to 10 times the number
         of items or limits specified
         [Program Code(s): 02700].
        2. Possession of quantities exceeding  $4,900.
         10 times the number of items or
         limits specified in 10 CFR
         31.12(a)(4), or (5) [Program
         Code(s): 02710].
    S. Licenses for production of accelerator- $15,500.
     produced radionuclides [Program Code(s):
     03210]
4. Waste disposal and processing:

[[Page 35834]]

 
    A. Licenses specifically authorizing the   N/A.\5\
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the
     licensee; or licenses authorizing
     contingency storage of low-level
     radioactive waste at the site of nuclear
     power reactors; or licenses for receipt
     of waste from other persons for
     incineration or other treatment,
     packaging of resulting waste and
     residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material [Program
     Code(s): 03231, 03233, 03235, 03236,
     06100, 06101]
    B. Licenses specifically authorizing the   $32,000.
     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 [Program Code(s): 03234]
    C. Licenses specifically authorizing the   $14,900.
     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]
5. Well logging:
    A. Licenses for possession and use of      $10,200.
     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      N/A.\5\
     byproduct material for field flooding
     tracer studies [Program Code(s): 03113]
6. Nuclear laundries:
    A. Licenses for commercial collection and  $46,100.
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material [Program
     Code(s): 03218]
7. Medical licenses:
    A. Licenses issued under 10 CFR parts 30,  $17,900.
     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 [Program
     Code(s): 02300, 02310]
    B. Licenses of broad scope issued to       $46,100.
     medical institutions or two or more
     physicians under 10 CFR 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\
     [Program Code(s): 02110]
    C. Other licenses issued under 10 CFR      $8,600.
     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\
     [Program Code(s): 02120, 02121, 02200,
     02201, 02210, 02220, 02230, 02231,
     02240, 22160]
8. Civil defense:
    A. Licenses for possession and use of      $9,000.
     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     $12,000.
     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     $13,900.
     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     $16,200.
     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     $1,600.
     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   N/A.\6\
         plutonium air packages.
        2. Other Casks.......................  N/A.\6\
    B. Quality assurance program approvals
     issued under 10 CFR part 71 of this
     chapter.
        1. Users and Fabricators.............  N/A.\6\
        2. Users.............................  N/A.\6\
    C. Evaluation of security plans, route     N/A.\6\
     approvals, route surveys, and
     transportation security devices
     (including immobilization devices)
11. Standardized spent fuel facilities.......  N/A.\6\
12. Special Projects.........................  N/A.\6\
13. A. Spent fuel storage cask Certificate of  N/A.\6\
 Compliance.
    B. General licenses for storage of spent   N/A.\12\
     fuel under 10 CFR 72.210
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear   N/A.\7\
     material licenses and other approvals
     authorizing decommissioning,
     decontamination, reclamation, or site
     restoration activities under 10 CFR
     parts 30, 40, 70, 72, and 76 of this
     chapter, including MMLs
    B. Site-specific decommissioning           N/A.\7\
     activities associated with unlicensed
     sites, including MMLs, whether or not
     the sites have been previously licensed.
15. Import and Export licenses...............  N/A.\8\
16. Reciprocity..............................  N/A.\8\
17. Master materials licenses of broad scope   $485,000.
 issued to Government agencies [Program
 Code(s): 03614].
18. Department of Energy:

[[Page 35835]]

 
    A. Certificates of Compliance............  $1,309,000.\10\
    B. Uranium Mill Tailings Radiation         $779,000.
     Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
  valid license with the NRC authorizing possession and use of
  radioactive material during the current FY. The annual fee is waived
  for those materials licenses and holders of certificates,
  registrations, and approvals who either filed for termination of their
  licenses or approvals or filed for possession only/storage licenses
  before October 1, 2011, 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. Licensees paying
  annual fees under Category 1.A.(1) are not subject to the annual fees
  for Categories 1.C. and 1.D. for sealed sources authorized in 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 10 CFR 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 Categories 7.B. or 7.C.
\10\ This includes Certificates of Compliance issued to the Department
  of Energy that are not funded from the Nuclear Waste Fund.
\11\ See Sec.   171.15(c).
\12\ See Sec.   171.15(c).
\13\ No annual fee is charged for this category because the cost of the
  general license registration program applicable to licenses in this
  category will be recovered through 10 CFR part 170 fees.
\14\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)

    (e) The fee-relief adjustment allocated to annual fees includes the 
budgeted resources for the activities listed in paragraph (e)(1) of 
this section, plus the total budgeted resources for the activities 
included in paragraphs (e)(2) and (e)(3) of this section, as reduced by 
the appropriations NRC receives for these types of activities. If the 
NRC's appropriations for these types of activities are greater than the 
budgeted resources for the activities included in paragraphs (e)(2) and 
(e)(3) of this section for a given FY, a negative fee-relief adjustment 
(or annual fee reduction) will be allocated to annual fees. The 
activities comprising the FY 2012 fee-relief adjustment are as follows:
* * * * *
    8. In Sec.  171.17, paragraphs (a)(2), (a)(3), and (b)(3)(i) are 
revised to read as follows:


Sec.  171.17  Proration.

* * * * *
    (a) * * *
    (2) Terminations. The base operating power reactor annual fee for 
operating reactor licensees who have requested amendment to withdraw 
operating authority permanently during the FY will be prorated based on 
the number of days during the FY the license was in effect before 
docketing of the certifications for permanent cessation of operations 
and permanent removal of fuel from the reactor vessel or when a final 
legally effective order to permanently cease operations has come into 
effect. The spent fuel storage/reactor decommissioning annual fee for 
reactor licensees who permanently cease operations and have permanently 
removed fuel from the site during the FY will be prorated on the basis 
of the number of days remaining in the FY after docketing of both the 
certifications of permanent cessation of operations and permanent 
removal of fuel from the site. The spent fuel storage/reactor 
decommissioning annual fee will be prorated for those 10 CFR part 72 
licensees who do not hold a 10 CFR part 50 license who request 
termination of the 10 CFR part 72 license and permanently cease 
activities authorized by the license during the FY based on the number 
of days the license was in effect before receipt of the termination 
request. The annual fee for materials licenses with annual fees of 
$100,000 or greater for a single fee category for the current FY will 
be prorated based on the number of days remaining in the FY when a 
termination request or a request for a possession-only license is 
received by the NRC, provided the licensee permanently ceased licensed 
activities during the specified period.
    (3) Downgraded licenses. The annual fee for a materials license 
with an annual fee of $100,000 or greater for a single fee category for 
the current FY, that is subject to fees under this part and downgraded 
on or after October 1 of a FY, is automatically prorated by the agency 
on the basis of the number of days remaining in the FY when the 
application for downgrade is received and approved by the NRC, provided 
the licensee permanently ceased the stated activities during the 
specified period.
* * * * *
    (b) * * *
    (3) * * *
    (i) The annual fee for a materials license that is subject to fees 
under this part and downgraded on or after October 1 of a FY is 
automatically prorated on the basis of the date when the application 
for downgrade is received and approved by the NRC, provided the 
licensee permanently ceased the stated activities during the specified 
period.
* * * * *

    Dated at Rockville, Maryland, this 5th day of June, 2012.

[[Page 35836]]

    For the Nuclear Regulatory Commission.
J.E. Dyer,
Chief Financial Officer.
[FR Doc. 2012-14589 Filed 6-14-12; 8:45 am]
BILLING CODE 7590-01-P