[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Proposed Rules]
[Pages 14880-14905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05172]



[[Page 14879]]

Vol. 78

Thursday,

No. 45

March 7, 2013

Part II





Nuclear Regulatory Commission





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10 CFR Parts 170 and 171





 Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013; Proposed 
Rule

  Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / 
Proposed Rules  

[[Page 14880]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

RIN 3150-AJ19
[NRC-2012-0211]


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend the licensing, inspection, and annual fees charged to its 
applicants and licensees. The proposed 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) 2013, not 
including amounts appropriated for Waste Incidental to Reprocessing 
(WIR) and amounts appropriated for generic homeland security 
activities. The NRC is currently operating under a Continuing 
Resolution (CR) which is set to expire on March 27, 2013. Based on the 
FY 2013 budget submitted to the Congress, the NRC is proposing fees in 
this rulemaking based on the FY 2013 budget which is estimated to be 
$1,053.2 million. After accounting for billing adjustments, the total 
amount to be billed as fees is approximately $924.8 million. These fees 
are subject to change pending congressional action which may include 
sequestration, full-year CR or issuance of an FY 2013 appropriation 
which differs from the FY 2013 budget submitted to Congress which could 
result in higher or lower fees than those proposed in this rulemaking.

DATES: Submit comments by April 8, 2013. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date. Because OBRA-90 requires that the NRC collect the FY 2013 
fees by September 30, 2013, requests for extension of the comment 
period will not be granted.

ADDRESSES: You may access information and comment submissions related 
to this proposed rule, which the NRC possesses and are publicly 
available, by searching on http://www.regulations.gov under Docket ID 
NRC-2012-0211. You may submit comments by any of the following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0211. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

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

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0211 when contacting the NRC 
about the availability of information for this proposed rule. You may 
access information related to this proposed rule, 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-2012-0211.
     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 Section V, Availability of 
Documents, of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2012-0211 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

[[Page 14881]]

II. 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. Sec.  
170.21 and 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 depending on plant size; for 
construction permits and operating license fees, 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 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 summary of guidelines 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 Court of Appeals 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).

[[Page 14882]]

    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 parts 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).
    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.

III. Proposed 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 AEA, and the IOAA.

FY 2013 Continuing Resolution

    The NRC is currently operating under a CR for FY 2013 (Pub. L. 112-
175) that is effective through March 27, 2013. This means that the FY 
2013 funds currently available are similar to the NRC's funding in FY 
2012. Although the NRC has not received an appropriation for FY 2013, 
the NRC must proceed with the FY 2013 proposed fee rulemaking in order 
to collect the required fee amounts by September 30, 2013. The NRC is 
proposing fees in this rulemaking based on the FY 2013 NRC budget sent 
to the

[[Page 14883]]

Congress in February 2012. If the Congress enacts an appropriation that 
differs from the FY 2013 NRC budget request, the fees in the NRC's FY 
2013 final fee rule will be adjusted to reflect the enacted budget 
without seeking further public comment.

FY 2013 Fee Collection

    Accordingly, in compliance with the AEA and OBRA-90, the NRC 
proposes to amend its licensing, inspection, and annual fees to recover 
approximately 90 percent of its FY 2013 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 2013 is $1,053.2 
million. The non-fee items excluded outside of the fee base includes 
$1.4 million for WIR activities and $24.3 million for generic homeland 
security activities. Based on the 90 percent fee-recovery requirement, 
the NRC is required to recover $924.8 million in FY 2013 through 10 CFR 
part 170 licensing and inspection fees and through 10 CFR part 171 
annual fees. This amount is $15.3 million more than the amount 
estimated for recovery in FY 2012, an increase of 1.7 percent. The FY 
2013 fee recovery amount increases by $200 thousand as a result of 
billing adjustments (sum of unpaid current year invoices (estimated) 
minus payments for prior year invoices) and reduces by $20.9 million 
for unbilled prior year invoices under 10 CFR part 170.
    Table I summarizes the budget and fee recovery amounts for FY 2013. 
The FY 2012 amounts are provided for comparison purposes. (Individual 
values may not sum to totals due to rounding.)

                Table I--Budget and Fee Recovery Amounts
                          [Dollars in millions]
------------------------------------------------------------------------
                                          FY 2012  final      FY 2013
                                               rule        proposed rule
------------------------------------------------------------------------
Total Budget Authority..................        $1,038.1        $1,053.2
Less Non-Fee Items......................           -27.5           -25.7
                                         -------------------------------
    Balance.............................        $1,010.6        $1,027.5
Fee Recovery Rate for FY 2013...........             90%             90%
                                         -------------------------------
    Total Amount to be Recovered for FY           $909.5          $924.8
     2013...............................
10 CFR Part 171 Billing Adjustments:
    Unpaid Current Year Invoices                     2.3             2.2
     (estimated)........................
    Less Payments Received in Current              -10.8            -2.0
     Year for Previous Year Invoices
     (estimated)........................
                                         -------------------------------
    Subtotal............................            -8.5             0.2
Amount to be Recovered through 10 CFR             $901.0          $925.0
 Parts 170 and 171 Fees.................
    Less Estimated 10 CFR Part 170 Fees.          -345.2          -342.4
                                         -------------------------------
    Less Prior Year Unbilled 10 CFR Part  ..............           -20.9
     170 Fees...........................
                                         -------------------------------
10 CFR Part 171 Fee Collections Required          $555.8          $561.7
------------------------------------------------------------------------

    Based on the 90 percent estimated recovery amount of $924.8 
million, the NRC estimates that $363.3 million will be recovered from 
10 CFR part 170 fees in FY 2013, which represents a 5.2 percent 
increase as compared to 10 CFR part 170 collections of $345.2 million 
for FY 2012. The NRC derived the FY 2013 estimate of 10 CFR part 170 
fee collections based on the latest billing data available which 
includes the collection of prior year 10 CFR part 170 unbilled invoices 
which occurred as result of the adoption of a new accounting system in 
October 2010. In October 2012, the NRC became aware that certain 
project managers' and resident inspectors' (including senior resident 
inspectors) hours were not being billed for services rendered by the 
NRC. This error resulted in the NRC under billing some of its licensees 
for a total of $20.9 million for the past eight quarters under 10 CFR 
part 170. The NRC is statutorily obligated to collect the appropriate 
fees for services provided; therefore, the NRC proposes the collection 
of these fees be applied to the FY 2013 10 CFR part 170 billings and 
the FY 2013 annual fees will be adjusted to account for this additional 
revenue collection. The FY 2013 billing adjustments also include 
estimated unpaid current year invoices totaling $2.2 million and 
estimated receipt of payments totaling $2 million for previous year 
invoices.
    The remaining $561.7 million is to be recovered through the 10 CFR 
part 171 annual fees in FY 2013, which is a 1.1 percent increase 
compared to the estimated 10 CFR part 171 collections of $555.8 million 
for FY 2012. The change for each class of licensees affected is 
discussed in Section III.B.3 of this document.

FY 2013 Billing

    The NRC plans to publish the final fee rule no later than June 
2013. The FY 2013 final fee rule will be 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 2013 will become effective 60 days after 
publication of the final rule in the Federal Register. Upon publication 
of the final rule, the NRC will send an invoice for the amount of the 
annual fees to reactor licensees, 10 CFR part 72 licensees, major fuel 
cycle facilities, and other licensees with annual fees of $100,000 or 
more. For these licensees, payment is due on the effective date of the 
FY 2013 final rule. Because these licensees are billed quarterly, the 
payment amount due is the total FY 2013 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 2013 falls before the effective date of the FY 2013 
final rule will be billed for the annual fee during the anniversary 
month of the license at the FY 2012 annual fee rate. Those materials 
licensees whose license anniversary date falls on or after the 
effective date of the FY 2013 final rule will be billed for the annual 
fee at the FY 2013 annual fee rate during the anniversary month of

[[Page 14884]]

the license, and payment will be due on the date of the invoice.

FY 2013 Amendment Changes

    The NRC is proposing to amend 10 CFR parts 170 and 171 as discussed 
in Section III.A and III.B of this document.
A. Amendments to Part 170 of Title 10 of the Code of Federal 
Regulations (10 CFR): Fees for Facilities, Materials, Import and Export 
Licenses, and Other Regulatory Services Under the Atomic Energy Act of 
1954, as Amended
    For FY 2013, the NRC is proposing to increase the hourly rate to 
recover the full cost of activities under 10 CFR part 170 and has used 
this rate to calculate ``flat'' application fees.
    The NRC is proposing to make 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 is proposing to change the current hourly 
rate of $274 to $277 in FY 2013. This rate would be applicable to all 
activities for which fees are assessed under Sec. Sec.  170.21 and 
170.31.
    The FY 2013 hourly rate is 1.1 percent higher than the FY 2012 
hourly rate of $274. The increase in the hourly rate is due primarily 
to higher agency budgeted resources, partially offset by a small 
increase in the number of direct full time equivalents (FTE). 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 excluded from the hourly rate are those for contract 
activities related to mission direct and fee-relief activities.
    In FY 2013, the NRC used 1,371 hours per direct FTE, the same 
amount as FY 2012, 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 2013 
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 2012 amounts are provided for comparison purposes. 
(Individual values may not sum to totals due to rounding.)

                    Table II--Hourly Rate Calculation
------------------------------------------------------------------------
                                          FY 2012  final      FY 2013
                                               rule        proposed rule
------------------------------------------------------------------------
Mission Direct Program Salaries &                 $349.9          $348.8
 Benefits...............................
Mission Indirect Program Support........           $25.9           $20.0
Agency Corporate Support, and the IG....          $472.3          $499.2
                                         -------------------------------
    Subtotal............................          $848.0          $868.0
Less Offsetting Receipts................           $-0.0            $0.0
                                         -------------------------------
    Total Budget Included in Hourly Rate          $848.0          $868.0
     (Millions of Dollars)..............
Mission Direct FTE (Whole numbers)......           2,258           2,285
Professional Hourly Rate (Total Budget              $274            $277
 Included in Hourly Rate divided by
 Mission Direct FTE Hours) (Whole
 Numbers)...............................
------------------------------------------------------------------------

    As shown in Table II, dividing the FY 2013 $868 million budget 
amount included in the hourly rate by total mission direct FTE hours 
(2,285 FTE times 1,371 hours) results in an hourly rate of $277. The 
hourly rate is rounded to the nearest whole dollar.
2. Flat Application Fee Changes
    The NRC is proposing to adjust the current flat application fees in 
Sec. Sec.  170.21 and 170.31 to reflect the revised hourly rate of 
$277. These flat fees are calculated by multiplying the average 
professional staff hours needed to process the licensing actions by the 
proposed professional hourly rate for FY 2013.
    Biennially, the NRC evaluates historical professional staff hours 
used to process a new license application for materials users fee 
categories subject to flat application fees. This is in accordance with 
the requirements of the Chief Financial Officer's Act. The NRC 
conducted this biennial review for the FY 2013 fee rule which also 
included license and amendment applications for import and export 
licenses.
    Evaluation of the historical data in FY 2013 shows that the average 
number of professional staff hours required to complete licensing 
actions in the materials program should be increased in some fee 
categories and decreased in others to more accurately reflect current 
data for completing these licensing actions. The average number of 
professional staff hours needed to complete new licensing actions was 
last updated for the FY 2011 final fee rule. Thus, the revised proposed 
average professional staff hours in this fee rule reflect the changes 
in the NRC licensing review program that have occurred since that time.
    The higher hourly rate of $277 is the main reason for the increases 
in the application fees. Application fees for 10 fee categories (2.B., 
3.H., 3.M., 3.N., 3.P., 3.R.2., 3S., 5.A., 7.C., and 10.B. under Sec.  
170.31) also increase because of the results of the biennial review, 
which showed an increase in average time to process these types of 
license applications. The decrease in fees for 9 fee categories (2.C., 
3.B., 3.C., 3.I., 3.Q., 4.B., 9.A., 9.C., and 16 under Sec.  170.31) is 
due to a decrease in average time to process these types of 
applications. Also, the application fees increase for three import and 
export fee categories (K.4., 15.D., and 15.H. under Sec.  170.31).
    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 proposed licensing flat fees are applicable for fee categories 
K.1. through K.5. of Sec.  170.21, and fee

[[Page 14885]]

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.L., 15.R., and 16 of Sec.  170.31. 
Applications filed on or after the effective date of the FY 2013 final 
fee rule would be subject to the revised fees in the final rule.
3. Administrative Amendments
    This proposed rule would make the following administrative changes 
for clarity:
    a. Sec.  170.21: Footnote 2 would be revised to reflect there are 
no more applications pending review prior to 1991. The following 
language would be deleted, ``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.''
    b. Sec.  170.21: Footnote 4 would be revised to include ``in 10 CFR 
part 110.27,'' for clarity.
    c. Sec.  170.31: The fee category name for 2.A.(1) would be changed 
to include ``deconversion,'' to reflect the new description and the 
description for fee category 2.A.(1) would be changed to include ``or 
for deconverting uranium hexafluoride in the production of uranium 
oxides for disposal,'' to capture the deconversion of uranium 
hexafluoride (UF6) into uranium oxides for disposal and 
commercial sale of the fluoride byproducts from uranium deconversion 
facilities.
    d. Sec.  170.31: The descriptions for fee categories 1.C., 1.D., 
and Footnote 4 would be changed and a new fee category 1.F. would be 
created to address licenses authorizing greater than critical mass as 
defined by Sec.  70.4, ``Critical Mass.'' Under 10 CFR part 170, the 
fee category 1.C. description would include ``of less than a critical 
mass as defined in Sec.  70.4 of this chapter.'' \4\ The fee category 
1.D. description would change to, ``All other special nuclear material 
licenses, except licenses authorizing special nuclear material in 
sealed or unsealed form in combination that would constitute a critical 
mass as defined in Sec.  70.4 of this, for which the licensee shall pay 
the same fees as those under Category 1.A.'' \4\ A new fee category 
1.F. would read, ``For special nuclear materials licenses in sealed or 
unsealed form of greater than a critical mass as defined in Sec.  70.4 
of this chapter.'' \4\ The Footnote 4 would include fee category 1.F. 
along with fee categories 1.C. and 1.D. for sealed sources authorized 
in the same license.
    e. Sec.  170.31: The description for fee category 15.D. would be 
revised to exclude language regarding import and export of radioactive 
waste. The new description would read, ``Application for export or 
import of nuclear material not requiring Commission or Executive Branch 
review, or obtaining foreign government assurances.''
    f. Sec.  170.31: Footnote 3 would be revised for clarity because 
there are no more applications on file prior to 1991 and would delete 
the following language, ``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.''
    In summary, the NRC is proposing to make the following changes to 
10 CFR part 170:
    1. Establish a revised professional hourly rate to use in assessing 
fees for specific services;
    2. Revise the license application fees to reflect the FY 2013 
hourly rate; and
    3. Make 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 proposes to use its fee-relief surplus to decrease all 
licensees' annual fees based on their percentage share of the fee 
recoverable budget authority. This rulemaking would also make changes 
to the number of NRC licensees and establishes rebaselined annual fees 
based on Public Law 112-10. The proposed 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 
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 2013 budgetary resources for the NRC's fee-relief activities 
are $85.6 million. The NRC's 10 percent fee-relief amount in FY 2013 is 
$102.8 million, leaving a $17.1 million fee-relief surplus that will 
reduce all licensees' annual fees based on their percentage share of 
the budget. The FY 2013 budget for fee-relief activities decreased from 
FY 2012 mainly due to a decline in grants by approximately $9.1 million 
with an offset of a $1.7 million increase in the small entity subsidy. 
The FY 2012 amounts are provided for comparison purposes. (Individual 
values may not sum to totals due to rounding.)
    Table III shows the budgeted costs for fee-relief activities and 
the fee-relief adjusted amount to be allocated to annual fees. The FY 
2012 amounts are provided for comparison purposes. (Individual values 
may not sum to totals due to rounding.)

[[Page 14886]]



                    Table III--Fee-Relief Activities
                          [Dollars in millions]
------------------------------------------------------------------------
                                              FY 2012         FY 2013
          Fee-relief activities           budgeted costs  budgeted costs
------------------------------------------------------------------------
1. Activities not attributable to an
 existing NRC licensee or class of
 licensee:
    a. International activities.........            $9.0           $10.6
    b. Agreement State oversight........            11.0            10.6
    c. Scholarships and Fellowships.....            16.8             7.7
    d. Medical Isotope Production.......             3.4             4.3
2. Activities not assessed under 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                  11.2            10.8
     educational institutions...........
    b. Costs not recovered from small                6.5             8.1
     entities under 10 CFR 171.16(c)....
    c. Regulatory support to Agreement              17.5            17.4
     States.............................
    d. Generic decommissioning/                     14.0            14.7
     reclamation (not related to the
     power reactor and spent fuel
     storage fee classes)...............
    e. In Situ leach rulemaking and                  1.7             1.4
     unregistered general licensees.....
                                         -------------------------------
    Total fee-relief activities.........            91.1            85.6
Less 10 percent of NRC's FY 2012 total            -101.1          -102.8
 budget (less non-fee items)............
                                         -------------------------------
Fee-Relief Adjustment to be Allocated to           -10.0           -17.1
 All Licensees' Annual Fees.............
------------------------------------------------------------------------

    Table IV shows how the NRC is allocating the $17.1 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 2013, 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 2012.
    Table IV also shows the allocation of the LLW surcharge activity. 
For FY 2013, the total budget allocated for LLW activity is $3.7 
million. (Individual values may not sum to totals due to rounding.)

                    Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2013
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                             LLW surcharge      Fee-relief adjustment
                                                         ----------------------------------------------  Total $
                                                           Percent      $       Percent         $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors................................      53.0       2.0         85.7        -14.7     -12.7
Spent Fuel Storage/Reactor Decommissioning..............  ........  ........          3.9         -0.7      -0.7
Research and Test Reactors..............................  ........  ........          0.2          0.0       0.0
Fuel Facilities.........................................      37.0       1.4          5.8         -1.0       0.4
Materials Users.........................................      10.0       0.3          2.7         -0.4      -0.1
Transportation..........................................  ........  ........          0.4         -0.1      -0.1
Uranium Recovery........................................  ........  ........          1.3         -0.2      -0.2
                                                         -------------------------------------------------------
    Total...............................................     100.0       3.7        100.0        -17.1     -13.4
----------------------------------------------------------------------------------------------------------------

2. Revised Annual Fees
    The NRC is proposing to revise its annual fees in Sec. Sec.  171.15 
and 171.16 for FY 2013 to recover approximately 90 percent of the NRC's 
FY 2013 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 estimated for this proposed rule is $363.3 
million, an increase of $18 million from the FY 2012 fee rule. The 
total amount to be recovered through annual fees for this proposed rule 
is $561.7 million, an increase of $5.9 million from the FY 2012 final 
rule. The required annual fee collection in FY 2012 was $555.8 million.
    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 2012 annual fees, the FY 2013 proposed 
rebaselined fees decrease for two classes of licensees, operating 
reactors and U.S. Department of Energy (DOE) Transportation Activities. 
The annual fees increase for five classes of licensees, spent fuel 
storage/reactor and decommissioning, research and test reactors, fuel 
facilities and most materials' and uranium recovery licensees.

[[Page 14887]]

    The NRC's total fee recoverable budget, as mandated by law, 
increases by $15.1 for FY 2013 compared to FY 2012. The FY 2013 budget 
was allocated to the fee classes that the budgeted activities support. 
The annual fees increase for spent fuel storage/reactor and 
decommissioning, research and test reactors, fuel facilities and most 
materials' and uranium recovery licensees while annual fees for 
operating reactors and DOE Transportation Activities decrease.
    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 2013), 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 2012 to FY 2013.
    Table V shows the rebaselined fees for FY 2013 for a representative 
list of categories of licensees. The FY 2012 amounts are provided for 
comparison purposes. (Individual values may not sum to totals due to 
rounding.)

                    Table V--Rebaselined Annual Fees
------------------------------------------------------------------------
                                                              FY 2013
       Class/Category of licenses         FY 2012 annual     proposed
                                                fee         annual fee
------------------------------------------------------------------------
Operating Power Reactors (Including           $4,766,000      $4,780,000
 Spent Fuel Storage/Reactor
 Decommissioning Annual Fee)............
Spent Fuel Storage/Reactor                       211,000         250,000
 Decommissioning........................
Research and Test Reactors (Nonpower              34,700          84,500
 Reactors)..............................
High Enriched Uranium Fuel Facility.....       6,329,000       7,147,000
Low Enriched Uranium Fuel Facility......       2,382,000       2,690,000
UF6 Conversion and Deconversion Facility       1,293,000       1,460,000
Conventional Mills......................          23,600          28,600
Typical Materials Users:
    Radiographers (Category 3O).........          25,900          28,300
    Well Loggers (Category 5A)..........          10,200          13,100
    Gauge Users (Category 3P)...........           4,900           6,600
    Broad Scope Medical (Category 7B)...          46,100          34,300
------------------------------------------------------------------------

    The work papers (ADAMS Accession No. ML13042A007) that support this 
proposed 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 describes 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 2013 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 $33.6 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 2013, 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 2013, with FY 2012 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]
------------------------------------------------------------------------
                                                              FY 2013
        Summary fee calculations           FY 2012 final     proposed
------------------------------------------------------------------------
Total budgeted resources................           $54.4           $53.6
Less estimated 10 CFR part 170 receipts.           -25.6           -21.3
Net 10 CFR part 171 resources...........            28.8            32.3
Allocated generic transportation........            +0.9            +0.9
Fee-relief adjustment/LLW surcharge.....           + 0.6            +0.4
Billing adjustments.....................            -0.5            -0.0
                                         -------------------------------
    Total required annual fee recovery..            29.7            33.6
------------------------------------------------------------------------

    The decrease in total budgeted resources for the fuel facilities 
fee class from FY 2012 to FY 2013 is primarily due to reduced licensing 
actions. Although fuel facilities received an adjustment of 
approximately $68,000 for prior year unbilled 10 CFR part 170 
adjustments, the annual fee for fuel facilities increases from FY 2012 
to FY 2013 primarily due to estimated decreased 10 CFR part 170 
billings. 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

[[Page 14888]]

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 
10 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 10 (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). 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 2012.

                             TABLE VII--EFFORT FACTORS FOR FUEL FACILITIES, FY 2013
----------------------------------------------------------------------------------------------------------------
                                                                                    Effort factors (percent of
                                                                     Number of                total)
                  Facility Type (fee category)                      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)
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 and Deconversion (2.A.(1)).......................               1        12 (5.2)         7 (3.4)
----------------------------------------------------------------------------------------------------------------

    For FY 2013, the total budgeted resources for safety activities, 
before the fee-relief adjustment is made, are $17.6 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 $15.6 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 $0.4 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 fuel facility is summarized in 
Table VIII.

               Table VIII--Annual Fees for Fuel Facilities
------------------------------------------------------------------------
                                                              FY 2013
              Facility type (fee category)                   proposed
                                                            annual fee
------------------------------------------------------------------------
High Enriched Uranium Fuel (1.A.(1)(a)).................      $7,147,000
Low Enriched Uranium Fuel (1.A.(1)(b))..................       2,690,000
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))....       1,383,000
Hot Cell (and others) (1.A.(2)(c))......................         692,000
Uranium Enrichment (1.E.)...............................       3,842,000
UF6 Conversion and Deconversion (2.A.(1))...............       1,460,000
------------------------------------------------------------------------


[[Page 14889]]

b. Uranium Recovery Facilities
    The total FY 2013 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 2012 values shown for comparison purposes.

     Table IX--Annual Fee Summary Calculations for Uranium Recovery
                               Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2013
        Summary fee calculations           FY 2012 final     proposed
------------------------------------------------------------------------
Total budgeted resources................           $9.52           $11.7
Less estimated 10 CFR part 170 receipts.           -8.30           -10.4
                                         -------------------------------
Net 10 CFR part 171 resources...........            1.22             1.3
Allocated generic transportation........             N/A             N/A
Fee-relief adjustment...................            -0.1            -0.2
Billing adjustments.....................           -0.00           -0.00
                                         -------------------------------
    Total required annual fee recovery..            1.03            1.04
------------------------------------------------------------------------

    The increase in total budgeted resources allocated to this fee 
class in FY 2013 is primarily due to an increase in licensing board 
activities. The annual fees increase for uranium recovery facilities 
primarily due to rulemaking and licensing board activities.
    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 2013, the annual fee assessed to DOE includes recovery of the 
costs specifically budgeted for the NRC's UMTRCA Title I and II 
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 and Title II budgeted costs less 10         $ 692,531
     CFR part 170 receipts..............................
    10 percent of generic/other uranium recovery                  55,564
     budgeted costs.....................................
    10 percent of uranium recovery fee-relief adjustment         -21,403
                                                         ---------------
        Total Annual Fee Amount for DOE (rounded).......         727,000
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery                 500,887
     budgeted costs less the amounts specifically
     budgeted for Title I and Title II activities.......
    90 percent of uranium recovery fee-relief adjustment        -192,629
                                                         ---------------
        Total Annual Fee Amount for Other Uranium                308,258
         Recovery Licenses..............................
------------------------------------------------------------------------

    The DOE fee decreases by 7 percent in FY 2013 compared to FY 2012 
due to estimated increased 10 CFR part 170 receipts and fee relief. The 
annual fee for most uranium recovery licensees increases due to 
licensing board activities and rulemaking activities.
    The NRC will continue to use a matrix which is included in the work 
papers 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 $308,258 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 2013 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

[[Page 14890]]

operations, waste operations, and groundwater protection activities 
have weights of zero, five, 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 zero to 10 as 
follows: zero (no regulatory benefit), five (moderate regulatory 
benefit), and 10 (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 shown in Table XI.

                             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 (2.A.(2)(a))..               1             150             150               9
Basic In Situ Recovery facilities (2.A.(2)(b))..               6             190           1,140              71
Expanded In Situ Recovery facilities                           1             215             215              13
 (2.A.(2)(c))...................................
11e.(2) disposal incidental to existing tailings               1              85              85               5
 sites (2.A.(4))................................
Uranium water treatment (2.A.(5))...............               1              25              25               2
                                                 ---------------------------------------------------------------
    Total.......................................              10             665           1,615             100
----------------------------------------------------------------------------------------------------------------

    Applying these factors to the approximately $308,258 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 2013
              Facility type (fee category)                   proposed
                                                            annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..........         $28,600
Basic In Situ Recovery facilities (2.A.(2)(b))..........          36,300
Expanded In Situ Recovery facilities (2.A.(2)(c)).......          41,000
11e.(2) disposal incidental to existing tailings sites            16,200
 (2.A.(4))..............................................
Uranium water treatment (2.A.(5)).......................           4,800
------------------------------------------------------------------------

c. Operating Power Reactors
    The total budgeted costs to be recovered from the power reactor fee 
class in FY 2013 in the form of annual fees is $471.1 million as shown 
in Table XIII. The FY 2012 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]
------------------------------------------------------------------------
                                                              FY 2013
        Summary fee calculations           FY 2012 final     proposed
------------------------------------------------------------------------
Total budgeted resources................          $781.4          $798.2
Less estimated 10 CFR part 170 receipts.          -295.5          -315.9
                                         -------------------------------
Net 10 CFR part 171 resources...........           486.0           482.3
Allocated generic transportation........            +1.3             1.4
Fee-relief adjustment/LLW surcharge.....            -6.3           -12.7
Billing adjustments.....................            -7.3             0.1
                                         -------------------------------
    Total required annual fee recovery..           473.7           471.1
------------------------------------------------------------------------

    The increase in budgetary resources for FY 2013 is primarily due to 
increased workload activities focusing on Task Force recommendations 
regarding the Fukushima Dai-ichi accident in Japan (``Recommendations 
for Enhancing Reactor Safety in the 21st Century: The Near-Term Task 
Force Review of Insights from the Fukushima Dai-ichi Accident'' (ADAMS 
Accession No. ML111861807), dated July 12, 2011).
    The annual fees for power reactors decrease in FY 2013 due to 
increased 10 CFR part 170 estimates from prior year unbilled 10 CFR 
part 170 adjustments of approximately $20.7 million. The budgeted costs 
to be recovered through

[[Page 14891]]

annual fees to power reactors are divided equally among the 104 power 
reactors licensed to operate, resulting in an FY 2013 annual fee of 
$4,530,000 per reactor. Additionally, each power reactor licensed to 
operate would be assessed the FY 2013 spent fuel storage/reactor 
decommissioning annual fee of $250,000. The total FY 2013 annual fee is 
$4,780,000 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 2013, budgeted costs of $30.5 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 2012 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]
------------------------------------------------------------------------
                                                              FY 2013
        Summary fee calculations           FY 2012 final     proposed
------------------------------------------------------------------------
Total budgeted resources................           $29.4           $35.6
    Less estimated 10 CFR part 170                  -3.6            -5.1
     receipts...........................
                                         -------------------------------
Net 10 CFR part 171 resources...........            25.8            30.5
Allocated generic transportation........           + 0.7             0.7
Fee-relief adjustment...................            -0.3            -0.7
Billing adjustments.....................            -0.3             0.1
                                         -------------------------------
    Total required annual fee recovery..            22.9            30.5
------------------------------------------------------------------------

    The value of total budgeted resources for this fee class is higher 
in FY 2013 than in FY 2012 due to rulemaking activities regarding 
updating the Waste Confidence rule and termination of the Private Fuel 
Storage license in early 2013. The required annual fee recovery amount 
is divided equally among 122 licensees, resulting in an FY 2013 annual 
fee of $250,000 per licensee.
e. Research and Test Reactors (Nonpower Reactors)
    Approximately $340,000 in budgeted costs is to be recovered through 
annual fees assessed to the test and research reactor class of licenses 
for FY 2013. Table XV summarizes the annual fee calculation for the 
research and test reactors for FY 2013. The FY 2012 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]
------------------------------------------------------------------------
                                                              FY 2013
        Summary fee calculations           FY 2012 final     proposed
------------------------------------------------------------------------
Total budgeted resources................           $1.68           $1.52
Less estimated 10 CFR part 170 receipts.           -1.54           -1.19
                                         -------------------------------
    Net 10 CFR part 171 resources.......            0.14            0.33
Allocated generic transportation........           +0.03           +0.04
Fee-relief adjustment...................           -0.05           -0.03
Billing adjustments.....................           -0.02           -0.00
                                         -------------------------------
    Total required annual fee recovery..           $0.13           $0.34
------------------------------------------------------------------------

    Although research and test reactors received an adjustment of 
approximately $112,000 for prior year 10 CFR part 170 unbilled 
adjustments, the increase in annual fees for research and test reactors 
from FY 2012 to FY 2013 is primarily due to increased budget resources 
for cyber security assessments for FY 2013. 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 2013 annual fee of 
$84,500 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 2013.
g. Materials Users
    For FY 2013, budget costs of $31.8 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 2013 annual fee 
amount for materials users licensees. The FY 2012 values are shown for 
comparison. Note the following fee categories under Sec.  171.16 are 
included in this fee class: 1.C., 1.D., 1.F., 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.)

[[Page 14892]]



     Table XVI--Annual Fee Summary Calculations for Materials Users
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2013
        Summary fee calculations           FY 2012 final     proposed
------------------------------------------------------------------------
Total budgeted resources................           $30.6           $31.8
Less estimated 10 CFR part 170 receipts.            -1.6            -1.5
                                         -------------------------------
    Net 10 CFR part 171 resources.......            29.0            30.2
Allocated generic transportation........            +1.5            +1.7
Fee-relief adjustment/LLW surcharge.....            +0.1            -0.1
Billing adjustments.....................            -0.2            -0.0
                                         -------------------------------
    Total required annual fee recovery..            30.4            31.8
------------------------------------------------------------------------

    The total required annual fees to be recovered for most materials 
licensees increase in FY 2013 mainly for oversight activities and 
changes resulting from biennial review hours and inspection priorities.
    To equitably and fairly allocate the $31.8 million in FY 2013 
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 
$23.2 million in general costs (including allocated generic 
transportation costs) and is 1.57 for FY 2013. The average inspection 
cost is the average inspection hours for each fee category multiplied 
by the hourly rate of $277. The inspection priority is the interval 
between routine inspections, expressed in years. The inspection 
multiplier is the multiple necessary to recover approximately $8.5 
million in inspection costs, and is 2.4 for FY 2013. The unique 
category costs are any special costs that the NRC has budgeted for a 
specific category of licenses. For FY 2013, approximately $158,000 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 $471,000 
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 $372,000 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 2013 generic 
transportation budgeted resources to be recovered through annual fees. 
The FY 2012 values are shown for comparison. (Individual values may not 
sum to totals due to rounding.)

     Table XVII--Annual Fee Summary Calculations for Transportation
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2013
        Summary fee calculations           FY 2012 final     proposed
------------------------------------------------------------------------
Total budgeted resources................            $9.2            $8.6
Less estimated 10 CFR part 170 receipts.            -3.4            -2.6
                                         -------------------------------
    Net 10 CFR part 171 resources.......             5.9             6.0
------------------------------------------------------------------------

    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 2013 budgetary resources for generic transportation 
activities including those to support DOE CoCs is $6.0 million. The 
decrease in 10 CFR part 171 resources in FY 2013 is primarily due to 
decreased 10 CFR part 170 billing activities. 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

[[Page 14893]]

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 four CoCs benefit the entire research and test reactor class, but 
only four 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 2013
                                              [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             $6.02
DOE.......................................................              20.0              22.9              1.38
Operating Power Reactors..................................              20.0              22.9              1.38
Spent Fuel Storage/Reactor Decommissioning................              10.0              11.4              0.69
Research and Test Reactors................................               0.5               0.6              0.04
Fuel Facilities...........................................              13.0              14.8              0.89
Materials Users...........................................              24.0              27.4              1.65
----------------------------------------------------------------------------------------------------------------

    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 $1,304,000 for FY 2013. The annual fee decreases in 
FY 2013 are primarily due to reduced budgeted resources for the NRC's 
transportation activities.
3. Small Entity Fees
    Regarding small entity fees, the NRC conducted its 2013 biennial 
review of the small entity fees to determine if the fees should be 
changed. The NRC applied the fee methodology developed in FY 2009 that 
applies a fixed percentage of 39 percent to the prior 2-year weighted 
average of materials users' fees. This results in an upper tier small 
entity fee increase from $2,300 to $3,500 and a lower-tier fee increase 
from $500 to $800, which is a 52 percent and 60 percent increase, 
respectively. Implementing this increase would have a disproportionate 
impact upon the NRC's small licensees compared to other licensees. 
Therefore, the NRC staff is proposing to limit the increase to 21 
percent for upper tier fee which is the same limit applied in the FY 
2011 biennial review. The NRC staff proposes to increase the upper-tier 
small entity fee to $2,800 and increase the lower-tier small entity fee 
to $600 for FY 2013. The NRC staff believes these fees are reasonable 
and provide relief to small entities while at the same time recovering 
from those licensees some of the NRC's costs for activities that 
benefit them.
4. Administrative Amendments
    This proposed rule would make the following administrative changes 
for clarity:
    a. Sec.  171.16: Footnote 1 is revised for clarity and deletes the 
following language, ``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.''
    b. Sec.  171.16: New Footnote 15 is added for clarity and reads as 
follows, ``Licensees paying annual fees under category 1.A., 1.B., and 
1.E. are not subject to the annual fees for categories 1.C., 1.D., and 
1.F. for sealed sources authorized in the license.''
    c. Sec.  171.16: Reference to Footnote 4 would be removed and 
replaced with reference to Footnote 15 in fee categories 1.C. and 1.D. 
Fee category 1.F. would be revised to reference Footnote 15 for 
clarity.
    d. Sec.  171.16(c): The description for small entities would be 
revised to include ``10 CFR part 72 licensees,'' as eligible to apply 
for small entity status. The staff believes this inclusion remedies the 
unintended consequence of the consolidation of 10 CFR part 72 licenses 
under Sec.  171.15 being excluded for treatment as a small business 
entity for fee purposes.
    e. The NRC would change the lower-tier receipts-based threshold of 
$450,000 to $485,000 to reflect approximately the same percentage 
adjustment as the NRC's upper tier receipts-based standard adjustment 
from $6.5 to $7 million which was published as a final rule in the 
Federal Register (77 FR 39385) and effective on August 22, 2012.
    f. Sec.  171.16: The name for fee category 2.A.(1) would include 
``deconversion,'' to reflect the new description and the description 
for fee category 2.A.(1) would be changed to include ``or for 
deconverting uranium hexafluoride in the production of uranium oxides 
for disposal,'' to capture the deconversion of uranium hexafluoride 
(UF6) into uranium oxides for disposal and commercial sale 
of the fluoride byproducts from uranium deconversion facilities.
    g. Sec.  171.16: The descriptions for fee categories 1.C. and 1.D. 
would be changed; and a new fee category 1.F. would be created to 
address licenses authorizing greater than critical mass as defined by 
Sec.  70.4, ``Critical Mass.'' Under 10 CFR part 170, the fee category 
1.C. description would include ``of less than a critical mass as 
defined in Sec.  70.4 of this chapter.'' The fee category 1.D. 
description would change to, ``All other special nuclear material 
licenses, except licenses authorizing special nuclear material in 
sealed or unsealed form in combination that would constitute a critical 
mass as defined in Sec.  70.4 of this, for which the licensee shall pay 
the same fees as those under category 1.A.'' A new fee category 1.F. 
would read, ``For special nuclear materials licenses in sealed or 
unsealed form of greater than a critical mass as defined in Sec.  70.4 
of this chapter.''

[[Page 14894]]

    h. Sec.  171.19(d) would be revised for clarity and changes ``and 
3.A. through 9.D.'' to ``3.A. through 3.F., and 3.H. through 9.D.''
    i. Sec.  171.16: Footnote 7 is revised for clarity and deletes the 
following language, ``they are charged an annual fee in other 
categories while they are licensed to operate,'' and adds the following 
language, ''their decommissioning fees are covered by other fees.''
    In summary, the NRC is proposing to make the following changes to 
10 CFR part 171:
    1. Use the NRC's fee-relief surplus to reduce all licensees' annual 
fees, based on their percentage share of the NRC budget;
    2. Establish rebaselined annual fees for FY 2013;
    3. Increase the maximum small entity fee from $2,300 to $2,800, and 
the lower tier fee from $500 to $600; and
    4. Make administrative changes to Sec. Sec.  171.16 and 171.19(d).

IV. Plain Writing

    The Plain Writing Act of 2010, (Pub. L. 111-274), requires Federal 
agencies to write documents in a clear, concise, well-organized manner. 
The NRC has written this document to be consistent with the Plain 
Writing act as well as the Presidential Memorandum, ``Plain Language in 
Government Writing,'' published June 10, 1998 (63 FR 31883). The NRC 
requests comment on the proposed rule with respect to the clarity and 
effectiveness of the language used.

V. Availability of Documents

    The NRC is making the documents identified in the following table 
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
------------------------------------------------------------------------
FY 2013 Work Papers............       X
Regulatory Flexibility Analysis       X
Small Entity Compliance Guide..       X
NUREG-1100, Volume 28,                X   http://www.nrc.gov/reading-rm/
 ``Congressional Budget                    doc-collections/nuregs/staff/
 Justification: Fiscal Year                sr1100/.
 2013'' (February 2012).
NRC Form 526...................  .......  http://www.nrc.gov/reading-rm/doc-collections/forms/nrc526.pdf.
------------------------------------------------------------------------

Vl. 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 is proposing to amend 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 2013, as required by the OBRA-90, as amended. This action does 
not constitute the establishment of a standard that contains generally 
applicable requirements.

VIl. Environmental Impact: Categorical Exclusion

    The NRC has determined that this proposed 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 proposed 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 proposed 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 AEA, the NRC is required to 
recover 90 percent of its budget authority, or $1,053.2 million in FY 
2013. 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 proposed 
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 2013 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 2013 proposed rule establishes the schedules of fees 
necessary for the NRC to recover 90 percent of its budget authority for 
FY 2013. The proposed rule estimates some increases in 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 these proposed estimates 
include those who qualify as small entities under the NRC's size 
standards in Sec.  2.810.
    The NRC prepared a FY 2013 biennial regulatory analysis in 
accordance with the FY 2001 final rule (66 FR 32467; June 14, 2001). 
This rule also stated the small entity fees will be reexamined every 2 
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 proposed rule, small entity fees would increase to $2,800 
for the maximum upper-tier small entity fee and increase to $600 for 
the lower-tier small entity as result of the biennial

[[Page 14895]]

review which factored in the number of increased hours for application 
reviews and inspections in the fee calculations. The next small entity 
biennial review is scheduled for FY 2015.
    Additionally, the Small Business Regulatory Enforcement Fairness 
Act requires all Federal agencies to prepare a written compliance guide 
for each rule for which the agency is required by 5 U.S.C. 604 to 
prepare a regulatory flexibility analysis. The NRC, in compliance with 
the law, 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 proposed 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.

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. 553, the NRC is proposing to 
adopt 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. Sec.  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 $277 per hour.
0
3. In Sec.  170.21, the table and Footnotes 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
------------------------------------------------------------------------
A. Nuclear Power Reactors:
    Application for Construction Permit........
    Early Site Permit, Construction Permit,      Full Cost
     Combined License, Operating License.
    Amendment, Renewal, Dismantling-             Full Cost
     Decommissioning and Termination, Other
     Approvals.
    Inspections \3\............................  Full Cost
B. Standard Reference Design Review:
    Preliminary Design Approvals, Final Design   Full Cost
     Approvals, Certification.
    Amendment, Renewal, Other Approvals........  Full Cost
C. Test Facility/Research Reactor/Critical
 Facility:
    Application for Construction Permit........  Full Cost
    Construction Permit, Operating License.....  Full Cost
    Amendment, Renewal, Dismantling-             Full Cost
     Decommissioning and Termination, Other
     Approvals.
    Inspections \3\............................  Full Cost
D. Manufacturing License:
    Application for Construction...............  Full Cost
    Preliminary Design Approval, Final Design    Full Cost
     Approval.
    Amendment Renewal, Other Approvals.........  Full Cost
    Inspections \3\............................  Full Cost
E. [Reserved]
F. [Reserved]
G. Other Production or Utilization Facility:
    Application for Construction Permit........  Full Cost
    Construction Permit, Operating License.....  Full Cost
    Amendment, Renewal, Other Approvals........  Full Cost
    Inspections \3\............................  Full Cost
H. Production or Utilization Facility
 Permanently Closed Down:
    Inspections \3\............................  Full Cost
I. Part 55: Reviews:
    Requalification and Replacement              Full Cost
     Examinations for Reactors Operators.
J. Special Projects:
    Approvals and preapplication/licensing       Full Cost
     activities.

[[Page 14896]]

 
    Inspections \3\............................  Full Cost
    Contested hearings on licensing actions      Full Cost
     directly related to U.S. Government
     national security initiatives.
K. Import and export licenses:
    Licenses for the import and export only of
     production or utilization facilities or
     the export only of components for
     production or utilization facilities
     issued under 10 CFR part 110.
    1. Application for import or export of
     production or utilization facilities \4\
     (including reactors and other facilities)
     and exports of components requiring
     Commission and Executive Branch review,
     for example, actions under 10 CFR
     110.40(b).
        Application--new license, or amendment;  $18,000
         or license exemption request.
    2. Application for export of reactor and
     other components requiring Executive
     Branch review, for example, those actions
     under 10 CFR 110.41(a).
        Application--new license, or amendment;  9,700
         or license exemption request.
    3. Application for export of components
     requiring the assistance of the Executive
     Branch to obtain foreign government
     assurances.
        Application--new license, or amendment;  4,400
         or license exemption request.
    4. Application for export of facility
     components and equipment not requiring
     Commission or Executive Branch review, or
     obtaining foreign government assurances.
        Application--new license, or amendment;  3,300
         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.
\3\ Inspections covered by this schedule are both routine and non-
  routine safety and safeguards inspections performed by NRC for the
  purpose of review or follow-up of a licensed program. Inspections are
  performed through the full term of the license to ensure that the
  authorized activities are being conducted in accordance with the
  Atomic Energy Act of 1954, as amended, other legislation, Commission
  regulations or orders, and the terms and conditions of the license.
  Non-routine inspections that result from third-party allegations will
  not be subject to fees.
\4\ Imports only of major components for end-use at NRC-licensed
  reactors are authorized under NRC general import license in 10 CFR
  110.27.

0
4. In Sec.  170.31, the table and Footnotes are 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         Fees 2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-235 plutonium
     for fuel fabrication activities.
        (a) Strategic Special Nuclear Material (High Enriched      (\6\)
         Uranium) [Program Code(s): 21130]...................
        (b) Low Enriched Uranium in Dispersible Form Used for      (\6\)
         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 operations [Program            (\6\)
         Codes): 21310, 21320]...............................
        (b) Gas centrifuge enrichment demonstration                (\6\)
         facilities..........................................
        (c) Others, including hot cell facilities............      (\6\)
    B. Licenses for receipt and storage of spent fuel and          (\6\)
     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 of less than a critical mass as defined in Sec.
       70.4 in sealed sources contained in devices used in
     industrial measuring systems, including x-ray
     fluorescence analyzers.\4\
        Application [Program Code(s): 22140].................     $1,300
    D. All other special nuclear material licenses, except
     licenses authorizing special nuclear material in sealed
     or unsealed form in combination that would constitute a
     critical mass as defined in Sec.   70.4 of this, for
     which the licensee shall pay the same fees as those
     under Category 1.A.\4\..................................
        Application [Program Code(s): 22110, 22111, 22120,        $2,600
         22131, 22136, 22150, 22151, 22161, 22170, 23100,
         23300, 23310].......................................
    E. Licenses or certificates for construction and               (\6\)
     operation of a uranium enrichment facility [Program
     Code(s): 21200].........................................
    F. For special nuclear materials licenses in sealed or         (\6\)
     unsealed form of greater than a critical mass as defined
     in Sec.   70.4 of this chapter.\4\ [Program Code(s):
     22155]..................................................

[[Page 14897]]

 
    2. Source material:......................................
    A. (1) Licenses for possession and use of source material      (\6\)
     for refining uranium mill concentrates to uranium
     hexafluoride or for deconverting uranium hexafluoride in
     the production of uranium oxides for disposal. [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 facilities [Program        (\6\)
         Code(s): 11100].....................................
        (b) Basic In Situ Recovery facilities [Program             (\6\)
         Code(s): 11500].....................................
        (c) Expanded In Situ Recovery facilities [Program          (\6\)
         Code(s): 11510].....................................
        (d) In Situ Recovery Resin facilities [Program             (\6\)
         Code(s): 11550].....................................
        (e) Resin Toll Milling facilities [Program Code(s):        (\6\)
         11555]..............................................
        (f) Other facilities [Program Code(s): 11700]........      (\6\)
    (3) Licenses that authorize the receipt of byproduct           (\6\)
     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 of byproduct           (\6\)
     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 possession of source           (\6\)
     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].................     $1,220
    C. All other source material licenses.
        Application [Program Code(s): 11200, 11220, 11221,        $2,700
         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, 03212, 03213]...    $13,000
    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, 03215, 22135,        $3,900
         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, 02511, 02513]...     $4,900
    D. [Reserved]............................................        N/A
    E. Licenses for possession and use of byproduct material
     in sealed sources for irradiation of materials in which
     the source is not removed from its shield (self-shielded
     units).
        Application [Program Code(s): 03510, 03520]..........     $3,200
    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].................     $6,500
    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].................    $61,800
    H. Licenses issued under Subpart A of part 32 of this
     chapter to distribute items containing byproduct
     material that require device review to persons exempt
     from the licensing requirements of part 30 of this
     chapter. The category does not include specific licenses
     authorizing redistribution of items that have been
     authorized for distribution to persons exempt from the
     licensing requirements of part 30 of this chapter.
        Application [Program Code(s): 03254, 03255]..........     $5,100
    I. Licenses issued under Subpart A of part 32 of this
     chapter to distribute items containing byproduct
     material or quantities of byproduct material that do not
     require device evaluation to persons exempt from the
     licensing requirements of part 30 of this chapter. This
     category does not include specific licenses authorizing
     redistribution of items that have been authorized for
     distribution to persons exempt from the licensing
     requirements of part 30 of this chapter.
        Application [Program Code(s): 03250, 03251, 03252,       $11,400
         03253, 03256].......................................
    J. Licenses issued under Subpart B of part 32 of this
     chapter to distribute items containing byproduct
     material that require sealed source and/or device review
     to persons generally licensed under part 31 of this
     chapter. This category does not include specific
     licenses authorizing redistribution of items that have
     been authorized for distribution to persons generally
     licensed under part 31 of this chapter.
        Application [Program Code(s): 03240, 03241, 03243]...     $2,000
    K. Licenses issued under Subpart B of part 32 of this
     chapter to distribute items containing byproduct
     material or quantities of byproduct material that do not
     require sealed source and/or device review to persons
     generally licensed under part 31 of this chapter. This
     category does not include specific licenses authorizing
     redistribution of items that have been authorized for
     distribution to persons generally licensed under part 31
     of this chapter.
        Application [Program Code(s): 03242, 03244]..........     $1,100

[[Page 14898]]

 
    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, 01110, 01120,        $5,500
         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].................     $3,600
    N. Licenses that authorize services for other licensees,
     except:
        (1) Licenses that authorize only calibration and/or
         leak testing services are subject to the fees
         specified in fee Category 3.P.; and
        (2) Licenses that authorize waste disposal services
         are subject to the fees specified in fee Categories
         4.A., 4.B., and 4.C.
            Application [Program Code(s): 03219, 03225,           $7,400
             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, 03320]..........     $4,000
    P. All other specific byproduct material licenses, except
     those in Categories 4.A. through 9.D.
        Application [Program Code(s): 02400, 02410, 03120,        $2,000
         03121, 03122, 03123, 03124, 03130, 03140, 03220,
         03221, 03222, 03800, 03810, 22130]..................
    Q. Registration of a device(s) generally licensed under
     part 31 of this chapter.
        Registration.........................................       $300
    R. Possession of items or products containing radium-226
     identified in 10 CFR 31.12 which exceed the number of
     items or limits specified in that section.\5\
        1. Possession of quantities exceeding the number of
         items or limits in 10 CFR 31.12(a)(4), or (5) but
         less than or equal to 10 times the number of items
         or limits specified.
            Application [Program Code(s): 02700].............     $2,500
        2. Possession of quantities exceeding 10 times the
         number of items or limits specified in 10 CFR
         31.12(a)(4), or (5).
        Application [Program Code(s): 02710].................     $2,000
    S. Licenses for production of accelerator-produced
     radionuclides.
        Application [Program Code(s): 03210].................    $13,100
    4. Waste disposal and processing:
        A. Licenses specifically authorizing the receipt of        (\6\)
         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].............     $5,900
        C. Licenses specifically authorizing the receipt of
         prepackaged waste byproduct material, source
         material, or special nuclear material from other
         persons. The licensee will dispose of the material
         by transfer to another person authorized to receive
         or dispose of the material.
            Application [Program Code(s): 03232].............     $5,000
    5. Well logging:
        A. Licenses for possession and use of byproduct
         material, source material, and/or special nuclear
         material for well logging, well surveys, and tracer
         studies other than field flooding tracer studies.
            Application [Program Code(s): 03110, 03111,           $3,900
             03112]..........................................
        B. Licenses for possession and use of byproduct
         material for field flooding tracer studies.
            Licensing [Program Code(s): 03113]...............      (\6\)
    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].............    $22,100
    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, 02310]..........     $8,900
        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].............     $8,600
        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, 02121,           $3,400
             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

[[Page 14899]]

 
    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.........................     $5,400
        B. Safety evaluation of devices or products
         containing byproduct material, source material, or
         special nuclear material manufactured in accordance
         with the unique specifications of, and for use by, a
         single applicant, except reactor fuel devices.
            Application--each device.........................     $9,000
        C. Safety evaluation of sealed sources containing
         byproduct material, source material, or special
         nuclear material, except reactor fuel, for
         commercial distribution.
            Application--each source.........................     $5,300
        D. Safety evaluation of sealed sources containing
         byproduct material, source material, or special
         nuclear material, manufactured in accordance with
         the unique specifications of, and for use by, a
         single applicant, except reactor fuel.
            Application--each source.........................     $1,050
    10. Transportation of radioactive material:
        A. Evaluation of casks, packages, and shipping
         containers.
            1. Spent Fuel, High-Level Waste, and plutonium         (\6\)
             air packages....................................
            2. Other Casks...................................      (\6\)
        B. Quality assurance program approvals issued under
         part 71 of this chapter.
            1. Users and Fabricators.
            Application......................................     $4,200
            Inspections......................................      (\6\)
            2. Users.
            Application......................................     $4,200
            Inspections......................................      (\6\)
        C. Evaluation of security plans, route approvals,          (\6\)
         route surveys, and transportation security devices
         (including immobilization devices)..................
    11. Review of standardized spent fuel facilities.........      (\6\)
    12. Special projects:
        Including approvals, preapplication/licensing
         activities, and inspections.
        Application [Program Code: 25110]....................      (\6\)
    13. A. Spent fuel storage cask Certificate of Compliance.      (\6\)
        B. Inspections related to storage of spent fuel under      (\6\)
         Sec.   72.210 of this chapter.......................
    14. A. Byproduct, source, or special nuclear material
     licenses and other approvals authorizing
     decommissioning, decontamination, reclamation, or site
     restoration activities under parts 30, 40, 70, 72, and
     76 of this chapter, including master materials licenses
     (MMLs).
        Application [Program Code(s): 3900, 11900, 21135,          (\6\)
         21215, 21240, 21325 and 22200]......................
        B. Site-specific decommissioning activities                (\6\)
         associated with unlicensed sites, including MMLs,
         regardless of whether or not the sites have been
         previously licensed.................................
    15. Import and Export licenses:
    Licenses issued under part 110 of this chapter for the
     import and export only of special nuclear material,
     source material, tritium and other byproduct material,
     and the export only of heavy water, or nuclear grade
     graphite (fee categories 15.A. through 15.E.).
        A. Application for export or import of nuclear
         materials, including radioactive waste requiring
         Commission and Executive Branch review, for example,
         those actions under 10 CFR 110.40(b).
            Application--new license, or amendment; or           $18,000
             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 amendment; or            $9,700
             license exemption request.......................
        C. Application for export of nuclear material, for
         example, routine reloads of low enriched uranium
         reactor fuel and/or natural uranium source material
         requiring the assistance of the Executive Branch to
         obtain foreign government assurances.
            Application--new license, or amendment; or            $4,400
             license exemption request.......................
        D. Application for export or import of nuclear
         material not requiring Commission or Executive
         Branch review, or obtaining foreign government
         assurances.
            Application--new license, or amendment; or            $3,300
             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 government-to-government
         consent for this process. For additional consent see
         15.I.
            Application--new license, or amendment; or           $15,200
             license exemption request.......................
        G. Application for export of Appendix P Category 1
         materials requiring Executive Branch review and to
         obtain government-to-government consent for this
         process. For additional consents see 15.I.
            Application--new license, or amendment; or            $8,900
             license exemption request.......................

[[Page 14900]]

 
        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 amendment; or            $6,600
             license exemption request.......................
        I. Requests for each additional government-to-
         government consent in support of an export license
         application or active export license.
            Application--new license, or amendment; or              $280
             license exemption request.......................
Category 2 (Appendix P, 10 CFR part 110) Exports:
        J. Application for export of Appendix P Category 2
         materials requiring Commission review (e.g.
         exceptional circumstance review under 10 CFR
         110.42(e)(4)).
            Application--new license, or amendment; or           $15,200
             license exemption request.......................
        K. Applications for export of Appendix P Category 2
         materials requiring Executive Branch review.
            Application--new license, or amendment; or            $8,900
             license exemption request.......................
        L. Application for the export of Category 2
         materials.
        Application--new license, or amendment; or license        $5,500
         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..........................................     $1,800
        17. Master materials licenses of broad scope issued
         to Government agencies.
        Application [Program Code(s): 03614].................      (\6\)
        18. Department of Energy.
        A. Certificates of Compliance. Evaluation of casks,        (\6\)
         packages, and shipping containers (including spent
         fuel, high-level waste, and other casks, and
         plutonium air packages).............................
        B. Uranium Mill Tailings Radiation Control Act             (\6\)
         (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 fee categories 9.A. through
  9.D.
\3\ Full cost fees will be determined based on the professional staff
  time multiplied by the appropriate professional hourly rate
  established in Sec.   170.20 in effect when the service is provided,
  and the appropriate contractual support services expended.
\4\ Licensees paying fees under categories 1.A., 1.B., and 1.E. are not
  subject to fees under categories 1.C., 1.D. and 1.F. for sealed
  sources authorized in the same license, except for an application that
  deals only with the sealed sources authorized by the license.
\5\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\6\ Full cost.


[[Page 14901]]

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. 
7601 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 2013 annual fee for each operating power reactor 
which must be collected by September 30, 2013, is $4,780,000.
    (2) The FY 2013 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 2013 fee-relief 
adjustment are shown in paragraph (d)(1) of this section. The 
activities comprising the FY 2013 base annual fee for operating power 
reactors are as follows:
* * * * *
    (c)(1) The FY 2013 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 $250,000.
    (2) The FY 2013 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 fee-relief adjustment. The activities comprising the FY 
2013 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2013 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
    (d)(1) The fee-relief adjustment allocated to annual fees includes 
a surcharge for the activities listed in paragraph (d)(1)(i) of this 
section, plus the amount remaining after total budgeted resources for 
the activities included in paragraphs (d)(1)(ii) and (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 2013 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2013 fee-relief adjustment allocated to the 
operating power reactor class of licenses is a $12.7 million fee-relief 
surplus, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2013 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is 
approximately a $122,350 fee relief surplus. This amount is calculated 
by dividing the total operating power reactor fee-relief surplus 
adjustment, $12.7 million, by the number of operating power reactors 
(104).
    (3) The FY 2013 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a $667,600 fee-
relief surplus. The FY 2013 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 
$5,400 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 2013 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--$84,500
Test reactor--$84,500

0
7. In Sec.  171.16:
0
a. Revise paragraphs (c) and (d), the Footnotes, and the introductory 
text of paragraph (e).
0
b. Add new Footnote 15.
0
To read as follows:


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

* * * * *
    (c) A licensee who is required to pay an annual fee under this 
section, in addition to 10 CFR part 72 licenses, may qualify as a small 
entity. If a licensee qualifies as a small entity and provides the 
Commission with the proper certification along with its annual fee 
payment, the licensee may pay reduced annual fees as shown in the 
following table. Failure to file a small entity certification in a 
timely manner could result in the receipt of a delinquent invoice 
requesting the outstanding balance due and/or denial of any refund that 
might otherwise be due. The small entity fees are as follows:

------------------------------------------------------------------------
                                                              Maximum
                                                            annual fee
                                                           per licensed
                                                             category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
 gross receipts over last 3 completed fiscal years):
    $485,000 to $7 million..............................          $2,800
Less than $485,000......................................             600
Small Not-For-Profit Organizations (Annual Gross
 Receipts):
    $485,000 to $7 million..............................           2,800

[[Page 14902]]

 
Less than $485,000......................................             600
Manufacturing entities that have an average of 500
 employees or fewer:
    35 to 500 employees.................................           2,800
Fewer than 35 employees.................................             600
Small Governmental Jurisdictions (Including publicly
 supported educational institutions) (Population):
    20,000 to 50,000....................................           2,800
Fewer than 20,000.......................................             600
Educational Institutions that are not State or Publicly
 Supported, and have 500 Employees or Fewer
    35 to 500 employees.................................           2,800
Fewer than 35 employees.................................             600
------------------------------------------------------------------------

     (d) The FY 2013 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2013 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2013 annual fees for materials licensees 
and holders of certificates, registrations, or approvals subject to 
fees under this section are shown in the following table:

   Schedule of Materials Annual Fees and Fees for Government Agencies
                             Licensed by NRC
                     [See footnotes at end of table]
------------------------------------------------------------------------
                                                           Annual  fees
             Category of materials licenses                \1\, \2\, \3\
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-235 or
     plutonium for fuel fabrication activities..........
        (a) Strategic Special Nuclear Material (High          $7,147,000
         Enriched Uranium) [Program Code(s): 21130].....
        (b) Low Enriched Uranium in Dispersible Form           2,690,000
         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 operations [Program          \5\ N/A
         Code(s): 21310, 21320].........................
        (b) Gas centrifuge enrichment demonstration            1,383,000
         facilities.....................................
        (c) Others, including hot cell facilities.......         692,000
    B. Licenses for receipt and storage of spent fuel           \11\ N/A
     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                  3,600
     nuclear material of less than a critical mass as
     defined in Sec.   70.4 of this chapter in sealed
     sources contained in devices used in industrial
     measuring systems, including x-ray fluorescence
     analyzers.\15\ [Program Code(s): 22140]............
    D. All other special nuclear material licenses,                7,200
     except licenses authorizing special nuclear
     material in sealed or unsealed form in combination
     that would constitute a critical mass as defined in
     Sec.   70.4 of this, for which the licensee shall
     pay the same fees as those under Category 1.A.\15\
     [Program Code(s): 22110, 22111, 22120, 22131,
     22136, 22150, 22151, 22161, 22170, 23100, 23300,
     23310].............................................
    E. Licenses or certificates for the operation of a         3,842,000
     uranium enrichment facility [Program Code(s):
     21200].............................................
    F. For special nuclear materials licenses in sealed            7,400
     or unsealed form of greater than a critical mass as
     defined in Sec.   70.4 of this chapter.\15\
     [Program Code: 22155]..............................
2. Source material:
    A. (1) Licenses for possession and use of source           1,460,000
     material for refining uranium mill concentrates to
     uranium hexafluoride or for deconverting uranium
     hexafluoride in the production of uranium oxides
     for disposal. [Program Code: 11400]................
    (2) Licenses for possession and use of source
     material in recovery operations such as milling, in-
     situ recovery, heap-leaching, ore buying stations,
     ion-exchange facilities and in-processing of ores
     containing source material for extraction of metals
     other than uranium or thorium, including licenses
     authorizing the possession of byproduct waste
     material (tailings) from source material recovery
     operations, as well as licenses authorizing the
     possession and maintenance of a facility in a
     standby mode.......................................
        (a) Conventional and Heap Leach facilities                28,600
         [Program Code(s): 11100].......................
        (b) Basic In Situ Recovery facilities [Program            36,300
         Code(s): 11500]................................
        (c) Expanded In Situ Recovery facilities                  41,000
         [Program Code(s): 11510].......................
        (d) In Situ Recovery Resin facilities [Program                 0
         Code(s): 11550]................................
        (e) Resin Toll Milling facilities [Program               \5\ N/A
         Code(s): 11555]................................
        (f) Other facilities \4\ [Program Code(s):               \5\ N/A
         11700].........................................
    (3) Licenses that authorize the receipt of byproduct         \5\ N/A
     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 of byproduct          16,200
     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 possession of source           4,800
     material related to removal of contaminants (source
     material) from drinking water [Program Code(s):
     11820].............................................
    B. Licenses that authorize only the possession, use,           3,200
     and/or installation of source material for
     shielding [Program Code(s): 11210].................
    C. All other source material licenses [Program                 8,300
     Code(s): 11200, 11220, 11221, 11230, 11300, 11800,
     11810].............................................
3. Byproduct material:

[[Page 14903]]

 
    A. Licenses of broad scope for possession and use of          53,200
     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 of                   13,400
     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.   32.72 and/or            19,700
     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].......................................         \5\ N/A
    E. Licenses for possession and use of byproduct                9,100
     material in sealed sources for irradiation of
     materials in which the source is not removed from
     its shield (self-shielded units) [Program Code(s):
     03510, 03520]......................................
    F. Licenses for possession and use of less than               13,400
     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 10,000 curies          122,800
     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 part 32 of              10,300
     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 part 32 of              20,000
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require device evaluation to
     persons exempt from the licensing requirements of
     part 30 of this chapter, except for specific
     licenses authorizing redistribution of items that
     have been authorized for distribution to persons
     exempt from the licensing requirements of part 30
     of this chapter [Program Code(s): 03250, 03251,
     03252, 03253, 03256]...............................
    J. Licenses issued under subpart B of part 32 of               4,900
     this chapter to distribute items containing
     byproduct material that require sealed source and/
     or device review to persons generally licensed
     under part 31 of this chapter, except specific
     licenses authorizing redistribution of items that
     have been authorized for distribution to persons
     generally licensed under part 31 of this chapter
     [Program Code(s): 03240, 03241, 03243].............
    K. Licenses issued under subpart B of part 32 of               4,000
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require sealed source and/or
     device review to persons generally licensed under
     part 31 of this chapter, except specific licenses
     authorizing redistribution of items that have been
     authorized for distribution to persons generally
     licensed under part 31 of this chapter [Program
     Code(s): 03242, 03244].............................
    L. Licenses of broad scope for possession and use of          17,000
     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 of                    9,600
     byproduct material issued under part 30 of this
     chapter for research and development that do not
     authorize commercial distribution [Program Code(s):
     03620].............................................
    N. Licenses that authorize services for other                 17,600
     licensees, except: (1) Licenses that authorize only
     calibration and/or leak testing services are
     subject to the fees specified in fee Category 3.P.;
     and (2) Licenses that authorize waste disposal
     services are subject to the fees specified in fee
     categories 4.A., 4.B., and 4.C. [Program Code(s):
     03219, 03225, 03226]...............................
    O. Licenses for possession and use of byproduct               28,300
     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 licenses,             6,600
     except those in Categories 4.A. through 9.D.
     [Program Code(s): 02400, 02410, 03120, 03121,
     03122, 03123, 03124, 03140, 03130, 03220, 03221,
     03222, 03800, 03810, 22130]........................
    Q. Registration of devices generally licensed under         \13\ N/A
     part 31 of this chapter............................
    R. Possession of items or products containing radium-
     226 identified in 10 CFR 31.12 which exceed the
     number of items or limits specified in that
     section: \14\......................................
        1. Possession of quantities exceeding the number           9,100
         of items or limits in 10 CFR 31.12(a)(4), or
         (5) but less than or equal to 10 times the
         number of items or limits specified [Program
         Code(s): 02700]................................
        2. Possession of quantities exceeding 10 times             8,900
         the number of items or limits specified in 10
         CFR 31.12(a)(4) or (5) [Program Code(s): 02710]
    S. Licenses for production of accelerator-produced            31,700
     radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt of          \5\ N/A
     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           20,500
     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]...

[[Page 14904]]

 
    C. Licenses specifically authorizing the receipt of           16,300
     prepackaged waste byproduct material, source
     material, or special nuclear material from other
     persons. The licensee will dispose of the material
     by transfer to another person authorized to receive
     or dispose of the material [Program Code(s): 03232]
5. Well logging:
    A. Licenses for possession and use of byproduct               13,100
     material, source material, and/or special nuclear
     material for well logging, well surveys, and tracer
     studies other than field flooding tracer studies
     [Program Code(s): 03110, 03111, 03112].............
    B. Licenses for possession and use of byproduct              \5\ N/A
     material for field flooding tracer studies [Program
     Code(s): 03113]....................................
6. Nuclear laundries:
    A. Licenses for commercial collection and laundry of          42,700
     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, 35, 40,             22.600
     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 medical                  34,300
     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 parts 30, 35,            9,500
     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 byproduct                9,100
     material, source material, or special nuclear
     material for civil defense activities [Program
     Code(s): 03710]....................................
9. Device, product, or sealed source safety evaluation:
    A. Registrations issued for the safety evaluation of           8,300
     devices or products containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel devices, for commercial
     distribution.......................................
    B. Registrations issued for the safety evaluation of          13,900
     devices or products containing byproduct material,
     source material, or special nuclear material
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel devices.............
    C. Registrations issued for the safety evaluation of           8,200
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial distribution...
    D. Registrations issued for the safety evaluation of           1,600
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel.....................
10. Transportation of radioactive material:
    A. Certificates of Compliance or other package
     approvals issued for design of casks, packages, and
     shipping containers................................
        1. Spent Fuel, High-Level Waste, and plutonium           \6\ N/A
         air packages...................................
        2. Other Casks..................................         \6\ N/A
    B. Quality assurance program approvals issued under
     10 CFR part 71 of this chapter.....................
        1. Users and Fabricators........................         \6\ N/A
        2. Users........................................         \6\ N/A
    C. Evaluation of security plans, route approvals,            \6\ N/A
     route surveys, and transportation security devices
     (including immobilization devices).................
11. Standardized spent fuel facilities..................         \6\ N/A
12. Special Projects [Program Code(s): 25110]...........         \6\ N/A
13. A. Spent fuel storage cask Certificate of Compliance         \6\ N/A
    B. General licenses for storage of spent fuel under          \6\ N/A
     10 CFR 72.210......................................
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear material            \7\ N/A
     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
     master materials licenses (MMLs). [Program Code(s):
     3900, 11900, 21135, 21215, 21240, 21325, 22200]....
    B. Site-specific decommissioning activities                  \7\ N/A
     associated with unlicensed sites, including MMLs,
     whether or not the sites have been previously
     licensed...........................................
15. Import and Export licenses..........................         \8\ N/A
16. Reciprocity.........................................         \8\ N/A
17. Master materials licenses of broad scope issued to           365,000
 Government agencies [Program Code(s): 03614]...........
18. Department of Energy:
    A. Certificates of Compliance.......................  \10\ 1,304,000

[[Page 14905]]

 
    B. Uranium Mill Tailings Radiation Control Act               727,000
     (UMTRCA) activities................................
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
  valid license with the NRC authorizing possession and use of
  radioactive material during the current FY. The annual fee is waived
  for those materials licenses and holders of certificates,
  registrations, and approvals who either filed for termination of their
  licenses or approvals or filed for possession only/storage licenses
  before October 1, 2012, and permanently ceased licensed activities
  entirely before this date. Annual fees for licensees who filed for
  termination of a license, downgrade of a license, or for a possession-
  only license during the FY and for new licenses issued during the FY
  will be prorated in accordance with the provisions of Sec.   171.17.
  If a person holds more than one license, certificate, registration, or
  approval, the annual fee(s) will be assessed for each license,
  certificate, registration, or approval held by that person. For
  licenses that authorize more than one activity on a single license
  (e.g., human use and irradiator activities), annual fees will be
  assessed for each category applicable to the license.
\2\ Payment of the prescribed annual fee does not automatically renew
  the license, certificate, registration, or approval for which the fee
  is paid. Renewal applications must be filed in accordance with the
  requirements of 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 fee 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.)
\15\ Licensees paying annual fees under category 1.A., 1.B., and 1.E.
  are not subject to the annual fees for categories 1.C., 1.D., and 1.F.
  for sealed sources authorized in the license.

    (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 2013 fee-relief adjustment are as follows:
* * * * *
0
8. In Sec.  171.19, paragraph (d) is revised to read as follows:


Sec.  171.19  Payment.

* * * * *
    (d) Annual Fees of less than $100,000 must be paid as billed by the 
NRC. Materials license annual fees that are less than $100,000 are 
billed on the anniversary date of the license. The materials licensees 
that are billed on the anniversary date of the license are those 
covered by fee categories 1.C., 1.D., 1.F., 2.A.(2) through 2.A.(5), 
2.B.,2.C., 3.A. through 3.F., and 3.H. through 9.D.
* * * * *

    Dated at Rockville, Maryland, this 22nd day of February, 2013.

    For the Nuclear Regulatory Commission.
J.E. Dyer,
Chief Financial Officer.
[FR Doc. 2013-05172 Filed 3-6-13; 8:45 am]
BILLING CODE 7590-01-P