[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Rules and Regulations]
[Pages 39462-39491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15529]



[[Page 39461]]

Vol. 78

Monday,

No. 126

July 1, 2013

Part III





Nuclear Regulatory Commission





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10 CFR Parts 170 and 171





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

  Federal Register / Vol. 78 , No. 126 / Monday, July 1, 2013 / Rules 
and Regulations  

[[Page 39462]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2012-0211]
RIN 3150-AJ19


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the 
licensing, inspection, and annual fees charged to its applicants and 
licensees. The amendments are necessary to implement the Omnibus Budget 
Reconciliation Act of 1990 (OBRA-90), as amended, which requires the 
NRC to recover through fees approximately 90 percent of its budget 
authority in Fiscal Year (FY) 2013, not including amounts appropriated 
for Waste Incidental to Reprocessing (WIR) and amounts appropriated for 
generic homeland security activities. The President signed the 
Consolidated and Further Continuing Appropriations Act of 2013 on March 
26, 2013, giving the NRC a total appropriation of $985.6 million for FY 
2013. The NRC's required fee recovery amount for the FY 2013 budget is 
approximately $864.0 million. After accounting for billing adjustments, 
the total amount to be billed as fees is approximately $859.6 million.

DATES: This final rule is effective on August 30, 2013.

ADDRESSES: Please refer to Docket ID NRC-2012-0211 when contacting the 
NRC about the availability of information for this final rule. You may 
access information related to this final 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. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this final rule.
     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 document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the section of this 
document entitled, ``Availability of Documents.''
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

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

SUPPLEMENTARY INFORMATION:

I. Background
II. Response to Comments
III. Final Action
    A. Amendments to 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. Backfitting and Issue Finality
XII. Congressional Review Act

I. Background

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

Establishment of Fee Policy and Cost Recovery Methodology

    In 1968, the AEC adopted its first license fee schedule in response 
to Title V of the IOAA. This statute authorized and encouraged Federal 
regulatory agencies to recover to the fullest extent possible costs 
attributable to services provided to identifiable recipients. The AEC 
established fees under 10 CFR part 170 in two sections, Sec. 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

[[Page 39463]]

Court, therefore, 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).
    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.

[[Page 39464]]

    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 entity 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.

II. Response to Comments

    The NRC published the FY 2013 proposed fee rule on March 7, 2013 
(78 FR 14880), to solicit public comment on its proposed revisions to 
10 CFR parts 170 and 171. By the close of the comment period (April 8, 
2013), the NRC received responses from nine commenters that were 
considered in this final rulemaking. The majority of the comments were 
received from the uranium industry, nuclear power industry, and the 
general public. The comments have been grouped by issues and are 
addressed in a collective response.

A. Specific 10 CFR Part 170 Issues

1. Hourly Rate
    Comment. The NRC staff received several comments from the uranium 
industry, nuclear power industry, and general public concerning the 
increase in the hourly rate. Some commenters expressed concern that the 
increase in the hourly rate and the large number of hours expended by 
the Commission staff on reviews, especially environmental reviews, has 
resulted in very large invoices to licensees. One commenter is 
concerned that the FY 2013 hourly rate is 16 percent higher than the 
rate charged in 2008, twice the rate of inflation since 2008. The 
commenter also stated the NRC should be concerned about the impact of 
cumulative hourly rate increases on all classes of licensees. One 
commenter expressed concern regarding the NRC's lack of cost 
containment, which the commenter believes is evident based on the 
number of hourly charges leading to 90 percent fee recovery for 
escalating uranium recovery activities. Another commenter stated that 
the NRC should revise the proposed rule to require more efficient 
processing services of services subject to hourly fees since this 
proposed rulemaking fails to promote opportunties for cost containment. 
The same commenter stated the the NRC should establish typical 
timeframes for activities and promote use of deadline and cost 
estimates even if preliminary to reduce hourly fees and provide for 
more timely actions by the NRC. Another commenter is concerned about 
the high hourly rate along with a large number of hours charged which 
results in larger invoices. One commenter stated that the NRC should 
identify the hourly rate as it pertains to charges for its oversight 
staff (direct overhead), the burden rate placed on all onsite staff, 
and the burden overhead rate or additional contract staff which is 
charged to owners.
    Response. Regarding the hourly rate increase and the large number 
of hours expended by the Commission staff on reviews, especially 
environmental reviews which result in larger invoices due to the lack 
of cost containment, the NRC disagrees with this comment. The number of 
hours spent on NRC reviews, including environmental reviews, is 
commensurate with the complexity of the subject matter and the quality 
of the applicant's submittal. The NRC has developed an efficient 
process for the review of uranium recovery applications. Time expended 
by the staff to review license applications is necessary to ensure that 
uranium recovery operations are in compliance with the NRC's 
regulations and are protective of public health, safety, and the 
environment. The staff has developed strategies to reduce review times, 
such as the pre-submission review that have substantially improved 
application quality and, consequently, shortens review times. If 
industry has further suggestions, the staff is amenable to meeting with 
industry in a public forum to discuss details regarding our review 
process.
    Regarding the comment that the FY 2013 hourly rate is 16 percent 
higher than the rate charged in 2008, twice the rate of inflation since 
2008, including impact of cumulative hour rate increases on all 
licensees, the NRC acknowledges this comment. However, the hourly rate 
is not based on the inflation rate but calculated using established fee 
methodology in compliance with OBRA-90, as amended, which requires the 
NRC recover 90 percent of its budget authority through the collection 
of fees assessed to licensees. The NRC is committed to ensuring the 
hourly rate, to the maximum extent practicable, reflects the cost of 
NRC services to licensees, in a manner which is fair and equitable to 
all licensees.
    Regarding the comment expressing concern about the lack of cost 
containment, the NRC disagrees with this comment. Cost containment is 
not a viable option for the NRC because, as stated above, the NRC is 
required by law to collect 90 percent of its budget authority through 
user fees. The NRC

[[Page 39465]]

staff has implemented efficient review processes to ensure that these 
fees are fairly allocated. The staff charges the hours necessary to 
complete its actions and makes a considerable effort to only charge 
productive hours to a licensee or applicant. Resources expended by the 
staff are required to draw the necessary safety and environmental 
conclusions. Overall, additional efficiencies can be achieved by closer 
NRC and industry coordination prior to application submittal to ensure 
high quality applications. Additionally, high quality and complete 
responses to requests for additional information also ensure an 
efficient and timely review process.
    Regarding the comment requesting that the NRC require more 
efficient processing services subject to hourly fees, the NRC disagrees 
with this comment. As previously mentioned, the staff constantly 
searches for methods to increase efficient processing of services, such 
as the pre-submission review, which has improved application quality 
and review efficiency. The staff also has increased its environmental 
review efficiency by using the Generic Environmental Impact Statement 
(GEIS), starting its Section 106 cultural and historic resource 
consultations earlier, and using alternate approaches to cultural and 
historic resource surveys.
    In reference to the comment stating that the NRC should provide 
typical timeframes for activities, establish deadlines and prepare cost 
estimates to reduce hourly fees resulting in timely actions by the NRC, 
the staff already provides estimated costs and schedules. The staff has 
provided to industry its estimate for completing a new license or 
expansion review in January 2011 and May 2013. These estimates were 
presented during conferences, the latest being the 2013, National 
Mining Association, Uranium Recovery Workshop. The staff also presented 
tentative schedules on the NRC's Web site, www.nrc.gov, and updates the 
schedules, as needed. Licensees can also expedite the processing of 
their applications by ensuring applications submitted are of high 
quality and requests for additional information are submitted with 
complete information in a timely manner.
    Regarding the comment that the NRC should identify the hourly rate 
as it pertains to charges for its oversight staff (direct overhead), 
the burden rate placed on all onsite staff, and the burden overhead 
rate or additional contract staff which is charged to owners, the NRC 
disagrees with this comment. The NRC charges one hourly rate to 
licensees which is computed by dividing the sum of the recoverable 
budgeted resources for mission direct program salaries and benefits, 
mission indirect program support, agency corporate support and the 
Inspector General (IG), by mission direct full time equivalents (FTE) 
hours. The mission direct FTE hours are the product of the mission 
direct FTE multipled 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. See 
Section III.A, Amendments to Part 170 of Title 10 of the Code of 
Federal Regulations, Table II--Hourly Rate Calculation. Lastly, the 
calculation of differing burden rates would be administratively 
burdensome and not provide any further benefit to the licensees.
2. Flat Fees
    Comment. One commenter stated that the NRC should establish more 
flat fees for activities at uranium recovery operations. The same 
commenter stated that although the NRC does not have the information 
such as number of hours and typical timeframes for routine activities, 
the NRC's goal should be to move to flat fees for routine activities. 
The commenter further stated that flat fees would allow the industry to 
better plan and budget.
    Response. The NRC disagrees with these comments. In FY 2012, the 
staff considered creating more flat fees but determined it was not 
feasible due to the complexity of determining fair and equitable rates 
for sites that have significant variances in the work required for 
similar regulatory activities. The staff's assessment involved 
preparing a list of over 20 amendments and reviews typically undertaken 
for uranium recovery licensees and examining costs associated with 
these activities. The staff reviewed the data and determined it was 
insufficient and more resources would be required to identify specific 
tasks and develop corresponding flat fees. In FY 2013, the NRC 
continues to operate under a challenging budget environment; therefore, 
the NRC staff has delayed this activity in order to focus on other 
high-priority program activities. However, the staff will again assess 
this possibility in FY 2014.
3. Lack of Invoice Detail
    Comment. One commenter stated that the NRC should continue efforts 
to provide invoices that contain more meaningful descriptions of the 
work done by staff and especially contractors.
    Response. The NRC agrees with this comment. In FY 2011, the NRC 
requested feedback from industry on a new invoice format to balance the 
need for a sufficient level of detail for industry without causing an 
undue burden on the NRC or the licensees. Based on the feedback, the 
NRC created an invoice for inspection reports which provided the number 
of hours charged by pay period (two weeks), a short description of the 
activity and an assigned billing code (TAC). Upon request by the 
licensee, the NRC can provide more detail which includes the full name 
of the NRC staff member including time charged for a specific activity. 
The NRC encourages licensees and applicants to contact their assigned 
Project Manager if additional detail is required on the work that is 
being performed on their behalf.

B. Specific Part 171 Issues

1. Uranium Recovery Fees
    Comment. Two commenters expressed concern on how proposed 
rulemaking activities contributed to increases in uranium recovery 
fees. One commenter stated that the uranium recovery industry has not 
seen much rulemaking activity in the past 12 months and requested 
estimates of future rulemaking cost-related to uranium recovery 
projects be provided to industry. The same commenter stated the 
proposed increased fee for 11e(2) disposal incidental to existing 
tailing sites is not proportionate to increases for conventional and 
heap leach mills, basic In Situ Recovery (ISR) facilities or expanded 
ISR facilities all of which slightly exceed 21 percent. Another 
commenter noted that the NRC explained increases in uranium recovery 
fees are due to rulemaking and licensing board activities, yet they are 
unaware of any ongoing rulemaking activities which would justify an 
increase in uranium recovery fees.
    Response. Regarding the comments on how proposed rulemaking 
activities contributed towards increased uranium recovery fees, the NRC 
agrees with these comments. The staff planned on undertaking an ISR 
rulemaking at the time the budget was developed in FY 2011. However, 
due to the FY 2013 Appropriation and sequestration, funds for this 
rulemaking have been removed from the budget. The NRC staff has 
reflected this reduction in the final annual fees.
    Regarding the comment requesting estimates of future rulemaking 
costs for the uranium recovery program to be submitted to industry, the 
NRC disagrees with this comment. Preliminary estimates for rulemaking 
costs submitted for budget formulation and annual fee calculations are 
for

[[Page 39466]]

internal use only. Furthermore, these estimates are subject to change 
throughout the budget formulation process. Therefore, agency estimates 
provided to industry could be inaccurate, until the budget is approved 
by Congress.
    The FY 2013 budget also includes additional resources for licensing 
board activities anticipated for at least five new facility or 
expansion applications. Licensing board activities could include 
addressing standing and contentions, preparing and responding to 
appeals, and providing testimony in various phases of hearings. Since 
uranium recovery hearings are contested, these costs are not directly 
billed to specific licensees, except if the contested hearing involves 
an action related to the U.S. Government's national security-related 
initiative. Therefore, the agency must recovery these funds through 
annual fees.
    In reference to the comment stating the proposed increased fee for 
11e(2) disposal incidental to existing tailing sites is not 
proportionate to increases for conventional and heap leach mills, basic 
in situ recovery facilities or expanded in situ recovery facilities all 
of which slightly exceed 21 percent, the NRC disagrees with this 
comment. The staff apportions the uranium recovery annual fee based on 
the number of licensees in each fee class and on the relative amount of 
time required to manage the licensees in each fee class. In addition to 
the budgetary resources increase for category 11e(2), the benefit 
factor between FY 2012 and FY 2013 had a slight increase due to 
operations. The resulting annual fee is the result of this calculation; 
however, the staff notes that the annual fee under this class is 
significantly lower than those of the other fee classes, except uranium 
water treatment facilities.

C. Other Issues

1. Streamlining Processes
    Comment. Two commenters stated the NRC should investigate ways to 
reduce fees through efficient use of resources and streamlining 
regulatory processes, particularly to accomplish legal and policy 
imperatives. One commenter stated they can assist the NRC in achieving 
streamlining efficiences, budgeting for future initatives, providing 
timely results and processing existing license maintenance activities 
over new applications if resource constraints limits the NRC's ability 
to accomplish these tasks. The same commenter stated they can help the 
NRC obtain additonal resources by continued communication with the 
Commission or contacting Congress to support additional resources for 
uranium recovery. Another commenter requested the information regarding 
the subject of design certification requests, in the form of petitions 
for rulemaking with designs for certain common features such as central 
plants, satellite plants, wells, header houses and ponds, be provided 
to the uranium recovery industry. The same commenter stated that upon 
receipt of this information, time and costs related to these designs be 
described. The commenter also stated use of standardized and pre-
approved designs can streamline the licensing process. One commenter 
stated that the NRC ensure that the GEIS and the Memorandum of 
Understanding (MOU) between the Commission and the Bureau of Land 
Management (BLM) regarding cooperation on environmental analyses be 
effectively implemented in order to provide the promised benefits. 
Another commenter stated they are hopeful that the MOU between the BLM 
and the NRC will result in greater efficiencies and cost savings to 
licensees and applicants. One commenter stated that the NRC has made 
little progress in the Section 106 Tribal Consultation Process and has 
not issued the high-level, agency-wide Section 106 guidance as promised 
in the response to comments in the Federal Register dated June 15, 
2012.
    Response. Regarding comments concerning ways to reduce fees through 
efficient use of resources, the staff's responses in Section II.A, 
``Specific 10 CFR Part 170 Issues,'' of this document address this 
issue. As discussed in Section II.A, the NRC staff has recently 
established efficient licensing processes. Additionally, efficiencies 
can be achieved through early and frequent interactions between staff 
and applicants and timely, high quality responses to requests for 
additional information during the safety and environmental review 
processes.
    Regarding industry assistance to the NRC in petitioning Congress 
for additional resources for uranium recovery and budgeting for future 
initiatives, the NRC has sufficient resources necessary to perform its 
mission. The budgeted resources allow the NRC staff to prioritize its 
uranium recovery work by addressing currently licensed activities first 
since these facilities are active and align with our mission of 
ensuring health and safety of operating facilities. The NRC then 
budgets and reviews new license and expansion applications consistent 
with the anticipated number of applications and the uncertainty 
associated with scheduled license submissions. The current resources 
are sufficient to allow the staff to review 8 to 10 major applications 
at any given time. However, the staff has deferred the reviews of 
certain expansion and new license applications, the longest of which 
was 6 months to focus on other high-priority items. Furthermore, 
planned guidance development has been delayed to free resources to 
address the top two priorties. As more sites are licensed, the number 
of license maintenance activities will increase; thereby, reducing the 
number of major applications that can be reviewed at any given time. 
The NRC is aware of this situation and will provide resources 
commensurate with the uranium recovery workload.
    Regarding the comments that design certification requests be 
submitted as petitions for rulemaking and streamlining of licensing 
regulatory processes to use standardized and pre-approved designs and 
to process new applications along with existing applications, the NRC 
agrees with the comments. On multiple occasions, the staff has stated 
it would entertain a strategy of certifying standard designs as a means 
of streamlining the application and review processes for new facilities 
or expansions. This can be accomplished by multiple methods. One method 
is the design certification where a specific aspect of a uranium 
recovery facility is standardized and codified. Reactor designs, for 
example, have been certified by the staff and are included in 10 CFR 
part 52. However, these designs are incorporated into the regulations 
by a rulemaking, which could be requested under 10 CFR part 2. A second 
method would involve industry preparing standard designs for certain 
aspects of uranium recovery facilities, which are reviewed by the 
staff. Afterwards, the staff documents this review in a published 
NUREG. Similar to design certifications, this NUREG could be 
incorporated by reference into license applications. The staff would be 
willing to discuss such certifications in publicly noticed meetings at 
industry's request.
    In reference to the comments that the NRC is not effectively 
implementing the GEIS and the MOU between the BLM to achieve greater 
efficiencies and cost savings, the NRC disagrees with this comment. The 
staff has effectively utilized the GEIS by referencing the conclusions 
in the GEIS, as appropriate, within its site-specific supplemental 
EISs. This has reduced the time required to prepare the supplemental 
EISs. Furthermore, the MOU between the NRC and the BLM was recently 
revised to enhance communication and cooperation between the NRC and 
BLM

[[Page 39467]]

staff during the preparation of environmental review documents. This 
MOU streamlines the agencies' NEPA and Section 106 review processes by 
allowing the agencies to jointly conduct these reviews, prepare one 
review document, and, thus, minimize duplication of efforts, whereby, 
resulting in greater efficiencies and cost savings to the agency.
    Regarding the comment that the NRC first, has made little progress 
in the Section 106 Tribal Consultation Process and, second, that the 
Tribal consultation guidance has not been issued, the NRC staff 
disagrees with the first part of the comment, and agrees with the 
second part. Regarding the comment on the progress on the process, 
during the Commission Briefing on Uranium Recovery on February 20, 
2013, the NRC staff discussed the challenges that the Section 106 
process has presented in recent years. The NRC has experienced a 
substantial expansion of the Section 106 consultation activities for 
the ISR projects. There has been a significant increase in the number 
of Native American Tribes interested in each ISR project, from a few 
Tribes prior to 2010, to a current average of 20 Tribes per project. 
This has resulted in a significant increase in the number and 
complexity of consultations and the need for the NRC staff to enhance 
its efforts to ensure that historic properties of religious and 
cultural significance to the Tribes are identified.
    However, the NRC staff recently has made progress and facilitated 
Tribal field surveys for four ISR project sites. Furthermore, Tribal 
field surveys for two ISR project sites are expected to be completed in 
Spring/Summer 2013. As stated in Section A of this document, the staff 
also has increased its Section 106 consultation efficiency by starting 
its Section 106 cultural and historic resource consultations earlier 
and using alternate approaches to cultural and historic resource 
surveys.
    Regarding the comment on the guidance, the staff agrees that the 
high-level Section 106 guidance has not been issued. However, the NRC 
staff is currently in the process of developing this high-level Section 
106 guidance specific for uranium recovery projects based on knowledge 
and experience gained through work efforts on the NRC's Tribal Protocol 
Manual and the NRC's Tribal Policy Statement. The NRC staff expects to 
issue a draft of the Section 106 guidance for public comment by spring 
2014.
2. Education Programs
    Comment. One commenter is pleased that the Continuing Resolution 
Appropriations restores funding for the Integrated University Program 
which was previously cut under the President's FY 2013 budget. The same 
commenter stated that this funding ensures that a well trained and 
educated nuclear professional will meet the needs of government and 
industry.
    Response. The NRC agrees that it is effectively managing the 
Integrated University Program. The NRC's resources for this program are 
recovered as part of its fee-relief activities.
3. Transparency
    Comment. One commenter urged the NRC to revise and republish 
proposed fees reflecting the actual budget for FY 2013. The same 
commenter stated the NRC should follow a consistent and transparent 
process for determining and publishing its planned fees. The commenter 
further stated that if it requires additional time for the NRC to 
republish proposed fees after considering all budget perturbations 
forced on the agency by Congress, the NRC should take whatever time 
necessary to ensure the basis for its fees is openly and timely 
available to all stakeholders. The commenter is concerned that 
publishing a proposed fee rule based on one set of circumstances, and a 
final fee rule based on another set of circumstances undermines the 
whole purpose of the rulemaking process.
    Response. The NRC disagrees with these comments. The NRC strives to 
ensure proposed fee rulemakings are as accurate as possible in 
compliance to the statutory requirements, OBRA-90 and the 
Administrative Procedure Act (APA). The OBRA-90 requires the NRC to 
collect 90 percent of the budget authority through fees assessed to 
licensees by the end of the fiscal year. Section 553 of the APA 
requires the NRC to give the public an opportunity to comment on a rule 
proposed by the agency before the rule can be put into effect. This 
section also requires the effective date of a regulation be not less 
than 30 days from the date of publication unless there is a good cause 
for implementation at an earlier date. Additionally, this final fee 
rule has been designated as a ``major rule'' under the Congressional 
Review Act and cannot become effective until 60 days after publication 
of the final rule in the Federal Register. Due to schedule 
requirements, the NRC will not republish the FY 2013 Proposed Fee Rule, 
but will ensure the FY 2013 Final Fee Rule is published in a timely 
manner.
4. Fee Structure
    Comment. One commenter stated that the NRC should be totally 
government funded. Another commenter stated that the current NRC fee 
structure creates problems of impartiality where dependence for budget 
is based on having more operating nuclear plants to fund the NRC. The 
same commenter stated that the current NRC fee structure is too low and 
hourly work rates are below those many lawyers and similar 
professionals charge. The commenter further stated that a higher hourly 
rate is appropriate due to the wide scope of overhead and other work 
which stems from inspection work. The same commenter suggested that NRC 
should drastically increase the rate for any hourly charged work that 
is part of a failure or non-compliance by an operator. The commenter 
also stated the NRC is spending considerable amounts of manpower 
dealing with the results of poor operator conduct.
    Response. The NRC disagrees with these comments. The NRC cannot be 
totally government funded without Congress overturning the existing law 
that governs the NRC's budget authority which is OBRA-90, as amended. 
The OBRA-90, as amended, requires the NRC to collect 90 percent of its 
recoverable budget through fees assessed to licensees.
    Regarding the comment concerning the NRC fee structure, the NRC 
believes the current fee methodology used to compute the hourly rate 
fairly distributes the mission direct and indirect costs to all 
licensees. The methodology also ensures that the costs of specific 
services provided by the NRC staff that benefit specific licensees, 
which includes activities associated with noncompliance, are charged to 
those licensees who require and/or receive these services by NRC staff 
as opposed to imposing these costs on all licensees. The costs 
associated with these specific services are assessed in the form of 
hourly fees billed for the NRC staff time expended to ensure licensee 
compliance to the NRC's regulations.
5. Exemptions
    Comment. One commenter stated the NRC should update Sec.  
170.11(a)(1)(iii)(B) to read ``The NRC must be the primary beneficiary 
of the NRC's review and approval of these documents.'' The same 
commenter stated the last sentence should be deleted from this section 
because as written, no one could ever receive a fee exemption. Another 
commenter stated that the NRC should update Sec.  170.11(a)(1)(iii)(D) 
to read,

[[Page 39468]]

``The report should be generically applicable to multiple licensees. 
The exemption applies even if the report does not apply to a complete 
class of licensees.'' The commenter further stated that this change 
will ensure the widest possible use of any report reviewed and endorsed 
by the NRC, but still allow a sub-set of a class of licensees.
    Response. The NRC disagrees with the comments and believes the 
current regulations provide fair treatment to all licensees regarding 
the conditions required for exemption approval on request/reports. The 
established threshold for consideration of fee exemptions were 
developed recognizing that the costs of exempted reviews are recovered 
through annual fees to all the licensees in the affected fee class.
    The NRC encourages public input through the petition for rulemaking 
process which is a system by which any member of the public can request 
that the NRC develop, modify, or rescind a regulation. Information on 
the petition for rulemaking process is available on the NRC's public 
Web site at http://www.nrc.gov/about-nrc/regulatory/rulemaking/petition-rule.html.
6. Fee Schedules
    Comment. One commenter supports the new revision of the fee 
schedules for FY 2013 to address inflation and extra expenses. The same 
commenter further stated that the NRC, after the Fukushima Dai-ichi 
accident in Japan has had to perform more studies, analysis and 
inspections to determine the lessons learned and the applicability to 
aging U.S. reactors. Another commenter dislikes the new revision of the 
fee schedules and stated that the licensees are giving the NRC more 
bribe money to overlook incidents at nuclear power plants.
    Response. The NRC agrees with the comment supporting the new 
revision of the NRC fee schedules. The NRC disagrees with the comment 
stating that licensee fees are bribes to the NRC to overlook incidents 
at facilities. OBRA-90 and implementing regulations promulgated by the 
NRC require licensees to pay fees. The NRC ensures no incident at 
nuclear power plant is overlooked and believes the fee schedules 
accurately represent the NRC's cost of providing regulatory services to 
all licensees. The NRC concludes that neither of these comments warrant 
policy changes in 10 CFR part 170 and 171. Therefore, no changes were 
made to the final rule in response to these comments.

III. Final Action

    The NRC assesses two types of fees to meet the requirements of 
OBRA-90. First, user fees, presented in 10 CFR part 170 under the 
authority of the IOAA, recover the NRC's costs of providing special 
benefits to identifiable applicants and licensees. For example, the NRC 
assesses these fees to cover the costs of inspections, applications for 
new licenses and license renewals, and requests for license amendments. 
Second, annual fees, presented in 10 CFR part 171 under the authority 
of OBRA-90, recover generic regulatory costs not otherwise recovered 
through 10 CFR part 170 fees. Under this rulemaking, the NRC continues 
the fee cost recovery principles through the adjustment of fees without 
changing the underlying principles of the NRC fee policy in order to 
ensure that the NRC continues to comply with the statutory requirements 
of OBRA-90, the AEA, and the IOAA.

FY 2013 Appropriation

    On March 26, 2013, President Obama signed the Consolidated and 
Further Continued Appropriations Act of 2013, giving the NRC a total 
appropriation of $985.6 million. Accordingly, in compliance with the 
Atomic Energy Act of 1954, as amended, and OBRA-90, the NRC is amending 
its licensing, inspection, and annual fees to recover approximately 90 
percent of its FY 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.

FY 2013 Fee Collection

    In compliance with the AEA and OBRA-90, the NRC amends 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 NRC's total budget authority for FY 2013 is $985.6 
million. The non-fee items excluded outside of the fee base includes 
$0.8 million for WIR activities and $24.9 million for generic homeland 
security activities. Based on the 90 percent fee-recovery requirement, 
the NRC is required to recover $864.0 million in FY 2013 through 10 CFR 
part 170 licensing and inspection fees and through 10 CFR part 171 
annual fees. This amount is $45.5 million less than the amount for 
recovery in FY 2012, a decrease of 5.0 percent. The FY 2013 fee 
recovery amount increases by $200,000 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 and $4.6 million for 
current year collections made the termination of two operating 
reactors.
    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 Final
                                               rule            rule
------------------------------------------------------------------------
Total Budget Authority..................        $1,038.1          $985.6
Less Non-Fee Items......................           -27.5           -25.7
                                         -------------------------------
    Balance.............................        $1,010.6          $959.9
Fee Recovery Rate for FY 2013...........             90%             90%
                                         -------------------------------
Total Amount to be Recovered for FY 2013          $909.5           864.0
    10 CFR Part 171 Billing Adjustments:
    Unpaid Current Year Invoices                     2.3             2.2
     (estimated)........................
    Less Current Year from Collections               0.0            -4.6
     (Terminated--Operating Reactors)...
    Less Payments Received in Current              -10.8            -2.0
     Year for Previous Year Invoices
     (estimated)........................
                                         -------------------------------
        Subtotal........................            -8.5             4.4
Amount to be Recovered through 10 CFR             $901.0          $859.6
 Parts 170 and 171 Fees.................

[[Page 39469]]

 
    Less Estimated 10 CFR Part 170 Fees.          -345.2          -327.1
                                         -------------------------------
    Less Prior Year Unbilled 10 CFR Part                           -20.9
     170 Fees...........................
                                         -------------------------------
10 CFR Part 171 Fee Collections Required          $555.8          $511.6
------------------------------------------------------------------------

    In this final fee rule, the NRC amends fees for power reactors, 
spent fuel storage/reactor decommissioning, non-power reactors, uranium 
recovery facilities, most fuel facilities, some small materials users, 
and the U.S. Department of Energy's (DOE) transportation license. The 
10 CFR part 170 fees decrease by $15.3 million from the proposed fee 
rule estimate of $363.3 million primarily due to a reduction in 
budgetary resources and licensing actions. As a result of this change, 
the total annual fees decrease by $50.1 million from the proposed rule 
estimate of $561.7 million. In general, the percentage changes in most 
annual fees compared to the previous year are relatively small due to a 
decrease in the NRC's appropriation as compared to FY 2012. The FY 2013 
appropriation also resulted in a small decrease to the average FTE rate 
that is used to calculate the budget allocation to each of the fee 
classes and fee-relief activities in this final rule.
    The NRC estimates that $348 million will be recovered from 10 CFR 
part 170 fees under this final fee rule. This represents an increase of 
approximately 0.8 percent as compared to the actual 10 CFR part 170 
collections of $345.2 million in FY 2012. The NRC derived the FY 2013 
estimate for the 10 CFR part 170 fee collections from the latest 
billing data that 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 applied the estimate of this collection of fees to FY 2013 10 CFR 
part 170 billings and the FY 2013 annual fees have annually been 
adjusted to account for this additional revenue collection. The FY 2013 
billing adjustments estimated that the unpaid current year invoices 
total $2.2 million and the estimated receipt of payments total $2 
million for previous year invoices. Additionally, the billing 
adjustments include $4.6 million in the current year collections for 
the termination of two operating reactors in FY 2013.
    The remaining $511.5 million is to be recovered through the 10 CFR 
part 171 annual fees in FY 2013, which is a decrease of approximately 8 
percent compared to actual 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, ``Administrative Amendments,'' of this 
document.

FY 2013 Billing

    The FY 2013 final fee rule is a ``major rule'' as defined by the 
Congressional Review Act of 1996 (5 U.S.C. 801-808). Therefore, the 
NRC's fee schedules for FY 2013 will become effective 60 days after 
publication of the final rule in the Federal Register. Upon publication 
of the FY 2013 final fee rule, the NRC will send an invoice for the 
amount of the annual fee to reactor licensees, 10 CFR part 72 
licensees, major fuel cycle facilities, and other licensees with annual 
fees of $100,000 or more. For these licensees, payment is due on the 
effective date of the FY 2013 final fee rule. Because these licensees 
are billed quarterly, the payment due is the amount of 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 the 
license, and payment will be due on the date of the invoice.

FY 2013 Amendment Changes

    The NRC is amending 10 CFR parts 170 and 171 as discussed in the 
following sections.
    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.
    In FY 2013, the NRC is decreasing 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 making the following changes:
    1. Hourly Rate.
    The NRC's hourly rate is used in assessing full cost fees for 
specific services provided, as well as flat fees for certain 
application reviews. The NRC is changing the current hourly rate of 
$274 to $272 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 0.7 percent lower than the FY 2012 
hourly rate of $274. The decrease in the hourly rate is due primarily 
to lower agency budgeted resources and by a small increase in the 
number of direct FTE. The following paragraphs describe 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 1,351 hours per direct FTE, a decrease of 
1.5 percent from FY 2012, to calculate the hourly fees. The NRC has 
reviewed data from

[[Page 39470]]

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 1,351 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 Final
                                               rule            rule
------------------------------------------------------------------------
Mission Direct Program Salaries &                 $349.9          $345.1
 Benefits...............................
Mission Indirect Program Support........            25.9            19.7
Agency Corporate Support, and the IG....           472.3           474.8
                                         -------------------------------
Subtotal................................           848.0           839.6
Less Offsetting Receipts................            -0.0             0.0
                                         -------------------------------
    Total Budget Included in Hourly Rate           848.0           839.6
     (Millions of Dollars)..............
Mission Direct FTE (Whole numbers)......           2,258           2,285
Professional Hourly Rate (Total Budget               274             272
 Included in Hourly Rate divided by
 Mission Direct FTE Hours) (Whole
 Numbers)...............................
------------------------------------------------------------------------

    As shown in Table II, dividing the FY 2013 $839.6 million budget 
amount included in the hourly rate by total mission direct FTE hours 
(2,285 FTE times 1,351 hours) results in an hourly rate of $272. The 
hourly rate is rounded to the nearest whole dollar.
2. Flat Application Fee Changes
    The NRC is adjusting current flat application fees in Sec. Sec.  
170.21 and 170.31 to reflect the revised hourly rate of $272. 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 final fee rule reflect the 
changes in the NRC licensing review program that have occurred since 
that time.
    This final rule also includes three new fee categories, 2.D. 
through 2.F, and a modified description of fee category 2.C., which 
were not included in the proposed fee rule. These changes were 
introduced in the proposed rule, ``Distribution of Source Material to 
Exempt Persons and to General Licensees and Revision of General License 
and Exemptions,'' dated July 26, 2010 (75 FR 43425), and the rule was 
published as a final rule on May 29, 2013 (78 FR 32310). The fees for 
these new fee categories 2.C through 2.F., absent a biennial review, 
were determined by performing a comparative analysis to related fee 
categories. As a result, this final fee rule lowers the fees for 
categories 2.D and 2.E, and increases the fee for category 2.C from 
those fees listed in the final source material rule to be consistent 
with the calculated fee changes in this final fee rule; the fee for 
category 2.F. remains unchanged from that listed in the final source 
material rule.
    In general, the increase in application fees is due to the 
increased number of hours to perform specific activities based on the 
biennial review. Application fees for 10 fee categories (2.B., 3.H., 
3.M., 3.N., 3.P., 3.R.2., 3.S., 5.A., 7.C., and 10.B. under Sec.  
170.31) increase as a result of the average time to process these types 
of license applications. The decrease in fees for 9 fee categories 
(2.F. (formerly 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 3 
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 licensing flat fees are applicable for fee categories K.1. 
through K.5. of Sec.  170.21, and fee categories 1.C., 1.D., 1.F., 
2.B., 2.C., 2.D., 2.E., 2.F., 3.A. through 3.S., 4.B. through 9.D., 
10.B., 15.A. through 15.L., 15.R., 16, and 17 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 final rule is making the following administrative changes for 
clarity:
    a. Sec.  170.21: Footnote 2 is revised to reflect there are no more 
applications pending review prior to 1991. The following language is 
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

[[Page 39471]]

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 is revised to include ``in 10 CFR part 
110.27,'' for clarity.
    c. Sec.  170.31: The fee category name for 2.A.(1) is changed to 
include ``deconversion,'' to reflect the new description and the 
description for fee category 2.A.(1) is 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 are changed and a new fee category 1.F. is 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 includes ``of less than a critical mass as defined in 
Sec.  70.4 of this chapter.\4\ '' The fee category 1.D. description is 
changed 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. reads, ``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 includes 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. is revised 
to exclude language regarding import and export of radioactive waste. 
The new description reads, ``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 is revised for clarity because there 
are no more applications on file prior to 1991 and deletes 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 making the following changes to 10 CFR part 
170:
    1. Establishes a revised professional hourly rate to use in 
assessing fees for specific services;
    2. Revises the license application fees to reflect the FY 2013 
hourly rate; and
    3. Makes administrative changes to Sec. Sec.  170.21 and 170.31.
    B. Amendments to 10 CFR Part 171: Annual Fees for Reactor Licenses 
and Fuel Cycle Licenses and Materials Licenses, Including Holders of 
Certificates of Compliance, Registrations, and Quality Assurance 
Program Approvals and Government Agencies Licensed by the NRC.
    The NRC will use its fee-relief surplus to decrease all licensees' 
annual fees based on their percentage share of the fee recoverable 
budget authority. This rulemaking also makes changes to the number of 
NRC licensees and establishes rebaselined annual fees based on Public 
Law 112-10. The amendments are described as follows:
1. Application of Fee-Relief and Low-Level Waste (LLW) Surcharge
    The NRC will use its fee-relief surplus to decrease all licensees' 
annual fees, based on their percentage share of the budget. The NRC 
will apply the 10 percent of its budget that is excluded from fee 
recovery under OBRA-90, as amended (fee relief), to offset the total 
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 $89.8 million. The NRC's 10 percent fee-relief amount in FY 2013 is 
$96.0 million, leaving a $6.2 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 decrease in the FY 2013 NRC appropriated budget 
even though there was an increase of $1.2 million in the small entity 
subsidy.
    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.)

                    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           $10.2
    b. Agreement State oversight........            11.0            10.3
    c. Scholarships and Fellowships.....            16.8            16.4
    d. Medical Isotope Production.......             3.4             3.5
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            10.2
     educational institutions...........
    b. Costs not recovered from small                6.5             7.7
     entities under 10 CFR 171.16(c)....
    c. Regulatory support to Agreement              17.5            16.3
     States.............................

[[Page 39472]]

 
    d. Generic decommissioning/                     14.0            13.9
     reclamation (not related to the
     power reactor and spent fuel
     storage fee classes)...............
    e. In Situ leach rulemaking and                  1.7             1.3
     unregistered general licensees.....
                                         -------------------------------
        Total fee-relief activities.....            91.1            89.8
Less 10 percent of NRC's FY 2012 total            -101.1           -96.0
 budget (less non-fee items)............
Fee-Relief Adjustment to be Allocated to           -10.0            -6.2
 All Licensees' Annual Fees.............
------------------------------------------------------------------------

    Table IV shows how the NRC is allocating the $6.2 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 $3.4 
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             1.8            85.4            -5.3            -3.5
Spent Fuel Storage/Reactor        ..............  ..............             3.9            -0.2            -0.2
 Decommissioning................
Research and Test Reactors......  ..............  ..............             0.2             0.0             0.0
Fuel Facilities.................            37.0             1.3             6.0            -0.4             0.9
Materials Users.................            10.0             0.3             2.9            -0.2             0.1
Transportation..................  ..............  ..............             0.4            -0.0            -0.0
Uranium Recovery................  ..............  ..............             1.1            -0.1            -0.1
                                 -------------------------------------------------------------------------------
    Total.......................           100.0             3.4           100.0            -6.2            -2.8
----------------------------------------------------------------------------------------------------------------

2. Revised Annual Fees
    The NRC is revising 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 estimates for this final fee rule is $348 
million, an increase of $2.8 million from the FY 2012 final fee rule. 
The total amount to be recovered through annual fees for this final fee 
rule is $511.6 million, a decrease of $44.3 million from the FY 2012 
final fee 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 final 
rebaselined fees decrease for two classes of licensees: operating 
reactors and 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.
    The NRC's total fee recoverable budget, as mandated by law, 
decreases by $45.6 million 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.)

[[Page 39473]]



                    Table V--Rebaselined Annual Fees
------------------------------------------------------------------------
                                          FY 2012 annual  FY 2013 annual
       Class/Category of licenses               fee             fee
------------------------------------------------------------------------
Operating Power Reactors (Including           $4,766,000      $4,390,000
 Spent Fuel Storage/Reactor
 Decommissioning Annual Fee)............
Spent Fuel Storage/Reactor                       211,000         231,000
 Decommissioning........................
Research and Test Reactors (Nonpower              34,700          81,600
 Reactors)..............................
High Enriched Uranium Fuel Facility.....       6,329,000       6,997,000
Low Enriched Uranium Fuel Facility......       2,382,000       2,633,000
UF6 Conversion and Deconversion Facility       1,293,000       1,429,000
Conventional Mills......................          23,600          27,900
Typical Materials Users:
    Radiographers (Category 3O).........          25,900          27,200
    Well Loggers (Category 5A)..........          10,200          12,600
    Gauge Users (Category 3P)...........           4,900           6,400
    Broad Scope Medical (Category 7B)...          46,100          32,900
------------------------------------------------------------------------

    The work papers (ADAMS Accession No. ML13154A025) that support this 
final fee 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 $32.9 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]
------------------------------------------------------------------------
        Summary fee calculations           FY 2012 final   FY 2013 final
------------------------------------------------------------------------
Total budgeted resources................           $54.4           $50.7
Less estimated 10 CFR part 170 receipts.           -25.6           -19.5
Net 10 CFR part 171 resources...........            28.8            31.2
Allocated generic transportation........            +0.9            +0.8
Fee-relief adjustment/LLW surcharge.....            +0.6            +0.9
Billing adjustments.....................            -0.5            -0.0
                                         -------------------------------
    Total required annual fee recovery..            29.7            32.9
------------------------------------------------------------------------

    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 $153,000 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 the estimated decreased 10 CFR part 170 
billings due to reduced budgetary resources for licensing actions. The 
NRC allocates the total required annual fee recovery amount to the 
individual fuel facility licensees, based on the effort/fee 
determination matrix developed for the FY 1999 final fee rule (64 FR 
31447; June 10, 1999). In the matrix included in the publicly available 
NRC work papers, licensees are grouped into categories according to 
their licensed activities (i.e., nuclear material enrichment, 
processing operations, and material form) and the level, scope, depth 
of coverage, and rigor of generic regulatory programmatic effort 
applicable to each category from a safety and safeguards perspective. 
This methodology can be applied to determine fees for new licensees, 
current licensees, licensees in unique license situations, and 
certificate holders.
    This methodology is adaptable to changes in the number of licensees 
or certificate holders, licensed or certified material and/or 
activities, and total programmatic resources to be recovered through 
annual fees. When a license or certificate is modified, it may result 
in a change of category for a particular fuel facility licensee, as a 
result of the methodology used in the fuel facility effort/fee matrix. 
Consequently, this change may also have an effect on the fees assessed 
to other fuel facility licensees and certificate holders. For example, 
if a fuel facility licensee amends its license/certificate (e.g., 
decommissioning or license termination) that results in it not being 
subject to 10 CFR part 171 costs applicable to the fee class, then the 
budgeted costs for the safety and/or safeguards components will be 
spread among the remaining fuel facility licensees/certificate holders.
    The methodology is applied as follows. First, a fee category is 
assigned,

[[Page 39474]]

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 fee recovery budget for safety activities, 
before the fee-relief adjustment is made, are $16.9 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 total 
fee recovery budget of $15 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 of $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 final
              Facility type (fee category)                  annual fee
------------------------------------------------------------------------
High Enriched Uranium Fuel (1.A.(1)(a)).................      $6,997,000
Low Enriched Uranium Fuel (1.A.(1)(b))..................       2,633,000
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))....       1,354,000
Hot Cell (and others) (1.A.(2)(c))......................         677,000
Uranium Enrichment (1.E.)...............................       3,762,000
UF6 Conversion and Deconversion (2.A.(1))...............       1,429,000
------------------------------------------------------------------------

b. Uranium Recovery Facilities
    The total FY 2013 budgeted costs to be recovered through annual 
fees assessed with 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]
------------------------------------------------------------------------
        Summary fee calculations           FY 2012 Final   FY 2013 Final
------------------------------------------------------------------------
Total budgeted resources................            $9.5            $9.9
Less estimated 10 CFR part 170 receipts.            -8.3            -8.9
                                         -------------------------------
    Net 10 CFR part 171 resources.......             1.2             1.0
Allocated generic transportation........             N/A             N/A
Fee-relief adjustment...................            -0.1            -0.0

[[Page 39475]]

 
Billing adjustments.....................            -0.0            -0.0
                                         -------------------------------
    Total required annual fee recovery..             1.0             1.0
------------------------------------------------------------------------

    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 as well as a 
decrease in budgeted cost for the Uranium Mill Tailings Radiation 
Control Act (UMTRCA).
    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 
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         $ 666,626
     CFR part 170 receipts..............................
    10 percent of generic/other uranium recovery                  40,487
     budgeted costs.....................................
    10 percent of uranium recovery fee-relief adjustment          -7,084
Total Annual Fee Amount for DOE (rounded)...............         700,000
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery                 364,379
     budgeted costs less the amounts specifically
     budgeted for Title I and Title II activities.......
    90 percent of uranium recovery fee-relief adjustment         -63,757
                                                         ---------------
        Total Annual Fee Amount for Other Uranium                300,621
         Recovery Licenses..............................
------------------------------------------------------------------------

    The DOE fee decreases by 10 percent in FY 2013 compared to FY 2012 
due to reduced UMTRCA budgeted costs. The annual fee for most uranium 
recovery licensees increases due to licensing board 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 $300,621 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 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 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.

[[Page 39476]]



                             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 $300,621 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 final
              Facility type (fee category)                  annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..........         $27,900
Basic In Situ Recovery facilities (2.A.(2)(b))..........          35,400
Expanded In Situ Recovery facilities (2.A.(2)(c)).......          40,000
11e.(2) disposal incidental to existing tailings sites            15,800
 (2.A.(4))..............................................
Uranium water treatment (2.A.(5)).......................           4,700
------------------------------------------------------------------------

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 $424.2 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]
------------------------------------------------------------------------
        Summary fee calculations           FY 2012 final   FY 2013 final
------------------------------------------------------------------------
Total budgeted resources................          $781.4          $734.7
Less estimated 10 CFR part 170 receipts.          -295.5          -303.8
                                         -------------------------------
    Net 10 CFR part 171 resources.......           486.0           430.9
Allocated generic transportation........            +1.3             1.3
Fee-relief adjustment/LLW surcharge.....            -6.3            -3.4
Billing adjustment......................            -7.3             0.2
                                         -------------------------------
2nd Billing Adjustment (terminated                  -0.0            -4.6
 license)...............................
                                         -------------------------------
    Total required annual fee recovery..           473.7           424.2
------------------------------------------------------------------------

    The decrease in budgetary resources for FY 2013 is primarily due to 
reduced licensing actions and the completion of three major licensing 
reviews (Vogtle, Summer and Westinghouse Advanced Passive 1000 (AP 
1000). Consequently, more resources are being applied to the 
implementation of the 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 and an adjustment of $20.7 million 
for prior year unbilled invoices under 10 CFR part 170. The budgeted 
costs to be recovered through annual fees to power reactors are divided 
equally among the 102 power reactors licensed to operate due to the 
withdrawal of two operating reactors, Crystal River and Kewaunee which 
results in annual fee of $4,159,000 per reactor for FY 2013. The 
withdrawal also results in a credit of $4.6 million for the 10 CFR part 
171 collections for FY 2013. Additionally, each power reactor licensed 
to operate would be assessed the FY 2013 spent fuel storage/reactor 
decommissioning annual fee of $231,000. The total FY 2013 annual fee is 
$4,390,000 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 $33.4 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

[[Page 39477]]

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]
------------------------------------------------------------------------
        Summary fee calculations           FY 2012 final   FY 2013 final
------------------------------------------------------------------------
Total budgeted resources................           $29.4           $33.4
Less estimated 10 CFR part 170 receipts.            -3.6            -5.4
                                         -------------------------------
    Net 10 CFR part 171 resources.......            25.8            28.0
Allocated generic transportation........            +0.7             0.6
Fee-relief adjustment...................            -0.3            -0.2
Billing adjustments.....................            -0.3             0.0
                                         -------------------------------
    Total required annual fee recovery..            22.9            28.4
------------------------------------------------------------------------

    The value of total budgeted resources for this fee class is higher 
in FY 2013 than in FY 2012 due to rulemaking activities regarding the 
update of the Waste Confidence rule. The required annual fee recovery 
amount is divided equally among 123 licensees, resulting in an FY 2013 
annual fee of $231,000 per licensee.
e. Research and Test Reactors (Nonpower Reactors)
    Approximately $330,000 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]
------------------------------------------------------------------------
        Summary fee calculations           FY 2012 final   FY 2013 final
------------------------------------------------------------------------
Total budgeted resources................           $1.68           $1.50
Less estimated 10 CFR part 170 receipts.           -1.54           -1.19
                                         -------------------------------
    Net 10 CFR part 171 resources.......            0.14            0.30
Allocated generic transportation........           +0.03           +0.03
Fee-relief adjustment...................           -0.05           -0.01
Billing adjustments.....................           -0.02           -0.00
                                         -------------------------------
    Total required annual fee recovery..            0.13            0.33
------------------------------------------------------------------------

    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 reduced activity under 10 
CFR part 170. 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 $81,600 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 $31.2 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. through 2.F., 3.A. 
through 3.S., 4.A. through 4.C., 5.A., 5.B., 6.A., 7.A. through 7.C., 
8.A., 9.A. through 9.D., 16, and 17. (Individual values may not sum to 
totals due to rounding.)

Table XVI--Annual Fee Summary Calculations for Materials Users Licensees
                          [Dollars in millions]
------------------------------------------------------------------------
        Summary fee calculations           FY 2012 final   FY 2013 Final
------------------------------------------------------------------------
Total budgeted resources................           $30.6           $30.7
Less estimated 10 CFR part 170 receipts.            -1.6            -1.2
                                         -------------------------------
    Net 10 CFR part 171 resources.......            29.0            29.5
Allocated generic transportation........            +1.5            +1.5
Fee-relief adjustment/LLW surcharge.....            +0.1            +0.2

[[Page 39478]]

 
Billing adjustments.....................            -0.2            -0.0
                                         -------------------------------
    Total required annual fee recovery..            30.4            31.2
------------------------------------------------------------------------

    The total required annual fees to be recovered for most materials 
users 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 $31.2 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 
$22.6 million in general costs (including allocated generic 
transportation costs) and is 1.52 for FY 2013. The average inspection 
cost is the average inspection hours for each fee category multiplied 
by the hourly rate of $272. The inspection priority is the interval 
between routine inspections, expressed in years. The inspection 
multiplier is the multiple necessary to recover approximately $8.2 
million in inspection costs, and is 2.3 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 $153,000 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 $175,000 
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 $338,000 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]
------------------------------------------------------------------------
        Summary fee calculations           FY 2012 final   FY 2013 final
------------------------------------------------------------------------
Total budgeted resources................            $9.2            $8.2
Less estimated 10 CFR part 170 receipts.            -3.4            -2.7
                                         -------------------------------
    Net 10 CFR part 171 resources.......             5.9             5.5
------------------------------------------------------------------------

    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 $5.5 million. The 
decrease in 10 CFR part 171 resources in FY 2013 is primarily due to 
decreased budgetary resources for regulatory programs. Generic 
transportation resources associated with fee-exempt entities are not 
included in this total. These costs are included in the appropriate 
fee-relief category (e.g., the fee-relief category for nonprofit 
educational institutions).
    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30721; May 30, 2006), the NRC will recover generic 
transportation costs unrelated to DOE as part of existing annual fees 
for license fee classes. The NRC will continue to assess a separate 
annual fee under Sec.  171.16, fee category 18.A., for DOE 
Transportation Activities. The amount of the allocated generic 
resources is calculated by multiplying the percentage of total CoCs 
used by each fee class (and DOE) by the total generic transportation 
resources to be recovered.
    The distribution of these resources to the license fee classes and 
DOE is shown in Table XVIII. The distribution is adjusted to account 
for the licensees in each fee class that are fee-exempt. For example, 
if 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

[[Page 39479]]

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           $5.54
DOE.............................................................            20.0            22.9            1.27
Operating Power Reactors........................................            20.0            22.9            1.27
Spent Fuel Storage/Reactor Decommissioning......................            10.0            11.4            0.63
Research and Test Reactors......................................             0.5             0.6            0.03
Fuel Facilities.................................................            13.0            14.8            0.82
Materials Users.................................................            24.0            27.4            1.52
----------------------------------------------------------------------------------------------------------------

    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 $1,238,000 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 resulted 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 revised the increase to 21 percent for upper-
tier fee which is the same limit applied in the FY 2011 biennial 
review. The NRC staff is amending the upper-tier small entity fee to 
$2,800 and amending 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 final rule makes certain 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 is removed and replaced 
with reference to Footnote 15 in fee categories 1.C. and 1.D. Fee 
category 1.F. is revised to reference Footnote 15 for clarity.
    d. Sec.  171.16(c): The description for small entities is 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 revises 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) includes 
``deconversion,'' to reflect the new description and the description 
for fee category 2.A.(1) is 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. 
are changed; and a new fee category 1.F. is 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 is 
changed 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. reads, ``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.''
    h. Sec.  171.19(d) is 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 making the following changes to 10 CFR part 
171:
    1. Uses the NRC's fee-relief surplus to reduce all licensees' 
annual fees, based on their percentage share of the NRC budget;
    2. Establishes rebaselined annual fees for FY 2013;
    3. Increases the maximum small entity fee from $2,300 to $2,800, 
and the lower-tier fee from $500 to $600; and

[[Page 39480]]

    4. Makes 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).

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                      ADAMS accession
----------------------------------------------------------------------------------------------------------------
FY 2013 Work Papers.................            X   ............................  ML13154A025.
Regulatory Flexibility Analysis.....            X   ............................  ML13067A088.
Small Entity Compliance Guide.......            X   ............................  ML13046A282.
NUREG-1100, Volume 28,                          X   http://www.nrc.gov/reading-   ..............................
 ``Congressional Budget                              rm/doc-collections/nuregs/
 Justification: Fiscal Year 2013''                   staff/sr1100/.
 (February 2012).
NRC Form 526........................  ............  http://www.nrc.gov/reading-   ..............................
                                                     rm/doc-collections/forms/
                                                     nrc526.pdf.
----------------------------------------------------------------------------------------------------------------

VI. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 3701) requires that Federal agencies use technical standards 
that are developed or adopted by voluntary consensus standards bodies, 
unless using these standards is inconsistent with applicable law or is 
otherwise impractical. The NRC is amending the licensing, inspection, 
and annual fees charged to its licensees and applicants, as necessary, 
to recover approximately 90 percent of its budget authority in FY 2013, 
as required by the OBRA-90, as amended. This action does not constitute 
the establishment of a standard that contains generally applicable 
requirements.

VII. Environmental Impact: Categorical Exclusion

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

VIII. Paperwork Reduction Act Statement

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

Public Protection Notification

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

IX. Regulatory Analysis

    Under OBRA-90, as amended, and the AEA, the NRC is required to 
recover 90 percent of its budget authority, or $985.6 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 continues this long-standing approach. 
Therefore, the NRC did not identify any alternatives to the current fee 
structure guidelines and did not prepare a regulatory analysis for this 
rulemaking.

X. Regulatory Flexibility Analysis

    Section 604 of the Regulatory Flexibility Act requires agencies to 
perform an analysis that considers the impact of a rulemaking on small 
entities. The NRC's regulatory flexibility analysis for this final rule 
is available as indicated in Section V, Availability of Documents, of 
this document, and a summary is provided in the following paragraphs.
    The NRC is required by the OBRA-90, as amended, to recover 
approximately 90 percent of its FY 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 final rule establishes the schedules of fees necessary 
for the NRC to recover 90 percent of its budget authority for FY 2013. 
The final rule results in some increased annual fees charged to certain 
licensees and holders of certificates, registrations, and approvals, 
and decreased annual fees charged to others. Licensees affected by 
these increased fees 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 final rule, the small entity fees 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 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. Backfitting and Issue Finality

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule and that a backfit analysis is not 
required. A backfit analysis is not required because these amendments 
do not require the

[[Page 39481]]

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.

XII. Congressional Review Act

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

List of Subjects

10 CFR Part 170

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

10 CFR Part 171

    Annual charges, Byproduct material, Holders of certificates, 
Registrations, Approvals, Intergovernmental relations, Non-payment 
penalties, Nuclear materials, Nuclear power plants and reactors, Source 
material, Special nuclear material.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR parts 170 and 171.

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

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

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

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


Sec.  170.20  Average cost per professional staff-hour.

    Fees for permits, licenses, amendments, renewals, special projects, 
10 CFR part 55 re-qualification and replacement examinations and tests, 
other required reviews, approvals, and inspections under Sec. Sec.  
170.21 and 170.31 will be calculated using the professional staff-hour 
rate of $272 per hour.

0
3. In Sec.  170.21, the table is 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........  Full Cost.
    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.
    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.

[[Page 39482]]

 
        1. Application for import or export of
         production or utilization facilities
         \4\ (including reactors and other
         facilities) and exports of components
         requiring Commission and Executive
         Branch review, for example, actions
         under 10 CFR 110.40(b).
            Application--new license, or         $17,700.
             amendment; or license exemption
             request.
        2. Application for export of reactor
         and other components requiring
         Executive Branch review, for example,
         those actions under 10 CFR 110.41(a).
            Application--new license, or         $9,500.
             amendment; or license exemption
             request.
        3. Application for export of components
         requiring the assistance of the
         Executive Branch to obtain foreign
         government assurances
            Application--new license, or         $4,400.
             amendment; or license exemption
             request.
        4. Application for export of facility
         components and equipment not requiring
         Commission or Executive Branch review,
         or obtaining foreign government
         assurances.
            Application--new license, or         $3,300.
             amendment; or license exemption
             request.
        5. Minor amendment of any active export
         or import license, for example, to
         extend the expiration date, change
         domestic information, or make other
         revisions which do not involve any
         substantive changes to license terms
         or conditions or to the type of
         facility or component authorized for
         export and therefore, do not require
         in-depth analysis or review or
         consultation with the Executive
         Branch, U.S. host state, or foreign
         government authorities.
            Minor amendment to license.........  $1,400.
------------------------------------------------------------------------
\1\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under Sec.   2.202 of
  this chapter or for amendments resulting specifically from the
  requirements of these orders. For orders unrelated to civil penalties
  or other civil sanctions, fees will be charged for any resulting
  licensee-specific activities not otherwise exempted from fees under
  this chapter. Fees will be charged for approvals issued under a
  specific exemption provision of the Commission's regulations under
  Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10
  CFR 73.5) and any other sections in effect now or in the future,
  regardless of whether the approval is in the form of a license
  amendment, letter of approval, safety evaluation report, or other
  form.
\2\ Full cost fees will be determined based on the professional staff
  time and appropriate contractual support services expended. For
  applications currently on file and for which fees are determined based
  on the full cost expended for the review, the professional staff hours
  expended for the review of the application up to the effective date of
  the final rule will be determined at the professional rates in effect
  when the service was provided.
\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 is revised to read as follows:


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

* * * * *

                       Schedule of Materials Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type of fees
                      \1\                                Fee 2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-
     235 or plutonium for fuel fabrication
     activities.
        (a) Strategic Special Nuclear Material   Full Cost
         (High Enriched Uranium) [Program
         Code(s): 21130].
        (b) Low Enriched Uranium in Dispersible  Full Cost
         Form Used for Fabrication of Power
         Reactor Fuel [Program Code(s): 21210].
    (2) All other special nuclear materials
     licenses not included in Category 1.A.(1)
     which are licensed for fuel cycle
     activities.
        (a) Facilities with limited operations   Full Cost.
         [Program Code(s): 21310, 21320].
        (b) Gas centrifuge enrichment            Full Cost.
         demonstration facilities.
        (c) Others, including hot cell           Full Cost.
         facilities.
    B. Licenses for receipt and storage of       Full Cost.
     spent fuel and reactor-related Greater
     than Class C (GTCC) waste at an
     independent spent fuel storage
     installation (ISFSI) [Program Code(s):
     23200].
    C. Licenses for possession and use of
     special nuclear material of less than a
     critical mass, as defined in Sec.   70.4,
     in sealed sources contained in devices
     used in industrial measuring systems,
     including x-ray fluorescence analyzers.\4\
        Application [Program Code(s): 22140]...  $1,300
    D. All other special nuclear material
     licenses, except licenses authorizing
     special nuclear material in sealed or
     unsealed form in combination that would
     constitute a critical mass, as defined in
     Sec.   70.4 of this chapter, for which the
     licensee shall pay the same fees as those
     under Category 1.A.\4\
        Application [Program Code(s): 22110,     2,500
         22111, 22120, 22131, 22136, 22150,
         22151, 22161, 22170, 23100, 23300,
         23310].
    E. Licenses or certificates for              Full Cost.
     construction and operation of a uranium
     enrichment facility [Program Code(s):
     21200].
    F. For special nuclear materials licenses    Full Cost.
     in sealed or unsealed form of greater than
     a critical mass as defined in Sec.   70.4
     of this chapter.\4\ [Program Code(s):
     22155].
2. Source material:
    A. (1) Licenses for possession and use of    Full Cost.
     source material for refining uranium mill
     concentrates to uranium hexafluoride or
     for deconverting uranium hexafluoride in
     the production of uranium oxides for
     disposal. [Program Code(s): 11400].

[[Page 39483]]

 
        (2) Licenses for possession and use of
         source material in recovery operations
         such as milling, in-situ recovery,
         heap-leaching, ore buying stations,
         ion-exchange facilities, and in
         processing of ores containing source
         material for extraction of metals
         other than uranium or thorium,
         including licenses authorizing the
         possession of byproduct waste material
         (tailings) from source material
         recovery operations, as well as
         licenses authorizing the possession
         and maintenance of a facility in a
         standby mode.
            (a) Conventional and Heap Leach      Full Cost.
             facilities [Program Code(s):
             11100].
            (b) Basic In Situ Recovery           Full Cost.
             facilities [Program Code(s):
             11500].
            (c) Expanded In Situ Recovery        Full Cost.
             facilities [Program Code(s):
             11510].
            (d) In Situ Recovery Resin           Full Cost.
             facilities [Program Code(s):
             11550].
            (e) Resin Toll Milling facilities    Full Cost.
             [Program Code(s): 11555].
            (f) Other facilities [Program        Full Cost.
             Code(s): 11700].
        (3) Licenses that authorize the receipt  Full Cost.
         of byproduct material, as defined in
         Section 11e.(2) of the Atomic Energy
         Act, from other persons for possession
         and disposal, except those licenses
         subject to the fees in Category
         2.A.(2) or Category 2.A.(4) [Program
         Code(s): 11600, 12000].
        (4) Licenses that authorize the receipt  Full Cost.
         of byproduct material, as defined in
         Section 11e.(2) of the Atomic Energy
         Act, from other persons for possession
         and disposal incidental to the
         disposal of the uranium waste tailings
         generated by the licensee's milling
         operations, except those licenses
         subject to the fees in Category
         2.A.(2) [Program Code(s): 12010].
        (5) Licenses that authorize the          Full Cost.
         possession of source material related
         to removal of contaminants (source
         material) from drinking water [Program
         Code(s): 11820].
    B. Licenses which authorize the possession,
     use, and/or installation of source
     material for shielding.
        Application [Program Code(s): 11210]...  $1,200
    C. Licenses to distribute items containing
     source material to persons exempt from the
     licensing requirements of part 40 of this
     chapter.
        Application [Program Code(s): 11240]...  6,700
    D. Licenses to distribute source material
     to persons generally licensed under part
     40 of this chapter.
        Application [Program Codes(s): 11230,    2,000
         11231].
    E. Licenses for possession and use of
     source material for processing or
     manufacturing of products or materials
     containing source material for commercial
     distribution.
        Application [Program Code(s): 11710]...  2,700
    F. All other source material licenses.
        Application [Program Code(s): 11200,     2,700
         11220, 11221, 11300, 11800, 11810].
3. Byproduct material:
    A. Licenses of broad scope for the
     possession and use of byproduct material
     issued under parts 30 and 33 of this
     chapter for processing or manufacturing of
     items containing byproduct material for
     commercial distribution.
        Application [Program Code(s): 03211,     12,700
         03212, 03213].
    B. Other licenses for possession and use of
     byproduct material issued under part 30 of
     this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution.
        Application [Program Code(s): 03214,     3,800
         03215, 22135, 22162].
    C. Licenses issued under Sec.  Sec.   32.72
     and/or 32.74 of this chapter that
     authorize the processing or manufacturing
     and distribution or redistribution of
     radiopharmaceuticals, generators, reagent
     kits, and/or sources and devices
     containing byproduct material. This
     category does not apply to licenses issued
     to nonprofit educational institutions
     whose processing or manufacturing is
     exempt under Sec.   170.11(a)(4).
        Application [Program Code(s): 02500,     4,800
         02511, 02513].
    D. [Reserved]..............................  N/A
    E. Licenses for possession and use of
     byproduct material in sealed sources for
     irradiation of materials in which the
     source is not removed from its shield
     (self-shielded units).
        Application [Program Code(s): 03510,     3,100
         03520].
    F. Licenses for possession and use of less
     than 10,000 curies of byproduct material
     in sealed sources for irradiation of
     materials in which the source is exposed
     for irradiation purposes. This category
     also includes underwater irradiators for
     irradiation of materials where the source
     is not exposed for irradiation purposes.
        Application [Program Code(s): 03511]...  6,400
    G. Licenses for possession and use of
     10,000 curies or more of byproduct
     material in sealed sources for irradiation
     of materials in which the source is
     exposed for irradiation purposes. This
     category also includes underwater
     irradiators for irradiation of materials
     where the source is not exposed for
     irradiation purposes.
        Application [Program Code(s): 03521]...  60,700
    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,     5,000
         03255].
    I. Licenses issued under subpart A of part
     32 of this chapter to distribute items
     containing byproduct material or
     quantities of byproduct material that do
     not require device evaluation to persons
     exempt from the licensing requirements of
     part 30 of this chapter. This category
     does not include specific licenses
     authorizing redistribution of items that
     have been authorized for distribution to
     persons exempt from the licensing
     requirements of part 30 of this chapter.
        Application [Program Code(s): 03250,     11,200
         03251, 03252, 03253, 03256].
    J. Licenses issued under subpart B of part
     32 of this chapter to distribute items
     containing byproduct material that require
     sealed source and/or device review to
     persons generally licensed under part 31
     of this chapter. This category does not
     include specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     generally licensed under part 31 of this
     chapter.
        Application [Program Code(s): 03240,     2,000
         03241, 03243].

[[Page 39484]]

 
    K. Licenses issued under subpart B of part
     32 of this chapter to distribute items
     containing byproduct material or
     quantities of byproduct material that do
     not require sealed source and/or device
     review to persons generally licensed under
     part 31 of this chapter. This category
     does not include specific licenses
     authorizing redistribution of items that
     have been authorized for distribution to
     persons generally licensed under part 31
     of this chapter.
        Application [Program Code(s): 03242,     $1,100
         03244].
    L. Licenses of broad scope for possession
     and use of byproduct material issued under
     parts 30 and 33 of this chapter for
     research and development that do not
     authorize commercial distribution.
        Application [Program Code(s): 01100,     5,400
         01110, 01120, 03610, 03611, 03612,
         03613].
    M. Other licenses for possession and use of
     byproduct material issued under part 30 of
     this chapter for research and development
     that do not authorize commercial
     distribution.
        Application [Program Code(s): 03620]...  3,600
    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):        7,200
             03219, 03225, 03226].
    O. Licenses for possession and use of
     byproduct material issued under part 34 of
     this chapter for industrial radiography
     operations.
        Application [Program Code(s): 03310,     3,900
         03320].
    P. All other specific byproduct material
     licenses, except those in Categories 4.A.
     through 9.D.
        Application [Program Code(s): 02400,     2,000
         02410, 03120, 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):        2,500
             02700].
        2. Possession of quantities exceeding
         10 times the number of items or limits
         specified in 10 CFR 31.12(a)(4) or
         (5).
            Application [Program Code(s):        2,000
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.
        Application [Program Code(s): 03210]...  12,900
4. Waste disposal and processing:
    A. Licenses specifically authorizing the     Full Cost.
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the licensee;
     or licenses authorizing contingency
     storage of low-level radioactive waste at
     the site of nuclear power reactors; or
     licenses for receipt of waste from other
     persons for incineration or other
     treatment, packaging of resulting waste
     and residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material. [Program
     Code(s): 03231, 03233, 03235, 03236,
     06100, 06101].
    B. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of packaging or repackaging the
     material. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the
     material.
        Application [Program Code(s): 03234]...  5,800
    C. Licenses specifically authorizing the
     receipt of prepackaged waste byproduct
     material, source material, or special
     nuclear material from other persons. The
     licensee will dispose of the material by
     transfer to another person authorized to
     receive or dispose of the material.
        Application [Program Code(s): 03232]...  4,900
5. Well logging:
    A. Licenses for possession and use of
     byproduct material, source material, and/
     or special nuclear material for well
     logging, well surveys, and tracer studies
     other than field flooding tracer studies.
        Application [Program Code(s): 03110,     3,800
         03111, 03112].
    B. Licenses for possession and use of
     byproduct material for field flooding
     tracer studies.
        Licensing [Program Code(s): 03113].....  Full Cost.
6. Nuclear laundries:
    A. Licenses for commercial collection and
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material.
        Application [Program Code(s): 03218]...  21,700
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40,
     and 70 of this chapter for human use of
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in gamma stereotactic
     radiosurgery units, teletherapy devices,
     or similar beam therapy devices.
        Application [Program Code(s): 02300,     8,700
         02310].
    B. Licenses of broad scope issued to
     medical institutions or two or more
     physicians under parts 30, 33, 35, 40, and
     70 of this chapter authorizing research
     and development, including human use of
     byproduct material, except licenses for
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in teletherapy devices. This
     category also includes the possession and
     use of source material for shielding when
     authorized on the same license.
        Application [Program Code(s): 02110]...  8,500

[[Page 39485]]

 
    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,     $3,300
         02121, 02200, 02201, 02210, 02220,
         02230, 02231, 02240, 22160].
8. Civil defense:
    A. Licenses for possession and use of
     byproduct material, source material, or
     special nuclear material for civil defense
     activities.
        Application [Program Code(s): 03710]...  2,500
9. Device, product, or sealed source safety
 evaluation:
    A. Safety evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel devices, for
     commercial distribution.
        Application--each device...............  5,300
    B. Safety evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material
     manufactured in accordance with the unique
     specifications of, and for use by, a
     single applicant, except reactor fuel
     devices.
        Application--each device...............  8,800
    C. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel, for commercial
     distribution.
        Application--each source...............  5,200
    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...............  1,030
10. Transportation of radioactive material:
    A. Evaluation of casks, packages, and
     shipping containers.
        1. Spent Fuel, High-Level Waste, and     Full Cost.
         plutonium air packages.
        2. Other Casks.........................  Full Cost
    B. Quality assurance program approvals
     issued under part 71 of this chapter.
        1. Users and Fabricators.
            Application........................  4,100
            Inspections........................  Full Cost
        2. Users.
            Application........................  4,100
            Inspections........................  Full Cost.
    C. Evaluation of security plans, route       Full Cost.
     approvals, route surveys, and
     transportation security devices (including
     immobilization devices).
11. Review of standardized spent fuel            Full Cost.
 facilities..
12. Special projects: Including approvals,
 preapplication/licensing activities, and
 inspections.
    Application [Program Code: 25110]..........  Full Cost.
13. A. Spent fuel storage cask Certificate of    Full Cost.
 Compliance..
    B. Inspections related to storage of spent   Full Cost.
     fuel under 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,   Full Cost.
     21135, 21215, 21240, 21325 and 22200].
    B. Site-specific decommissioning activities  Full Cost.
     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;  17,700
         or license exemption request.
    B. Application for export or import of
     nuclear material, including radioactive
     waste, requiring Executive Branch review,
     but not Commission review. This category
     includes applications for the export and
     import of radioactive waste and requires
     the NRC to consult with domestic host
     state authorities (i.e., Low-Level
     Radioactive Waste Compact Commission, the
     U.S. Environmental Protection Agency,
     etc.).
        Application--new license, or amendment;  9,500
         or license exemption request.
    C. Application for export of nuclear
     material, for example, routine reloads of
     low enriched uranium reactor fuel and/or
     natural uranium source material requiring
     the assistance of the Executive Branch to
     obtain foreign government assurances.
        Application--new license, or amendment;  4,400
         or license exemption request.
    D. Application for export or import of
     nuclear material not requiring Commission
     or Executive Branch review, or obtaining
     foreign government assurances.
        Application--new license, or amendment;  3,300
         or license exemption request..
    E. Minor amendment of any active export or
     import license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions which
     do not involve any substantive changes to
     license terms and conditions or to the
     type/quantity/chemical composition of the
     material authorized for export and,
     therefore, do not require in-depth
     analysis, review, or consultations with
     other Executive Branch, U.S. host state,
     or foreign government authorities.
        Minor amendment........................  1,400
Licenses issued under part 110 of this chapter
 for the import and export only of Category 1
 and Category 2 quantities of radioactive
 material listed in appendix P to part 110 of
 this chapter (fee categories 15.F. through
 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
 Exports:

[[Page 39486]]

 
    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;  $15,000
         or 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;  8,700
         or license exemption request.
    H. Application for export of appendix P
     Category 1 materials and to obtain one
     government-to-government consent for this
     process. For additional consents see 15.
     I.
        Application--new license, or amendment;  6,500
         or license exemption request.
    I. Requests for each additional government-
     to-government consent in support of an
     export license application or active
     export license.
        Application--new license, or amendment;  270
         or license exemption request.
Category 2 (Appendix P, 10 CFR Part 110)
 Exports:
    J. Application for export of appendix P
     Category 2 materials requiring Commission
     review (e.g. exceptional circumstance
     review under 10 CFR 110.42(e)(4)).
        Application--new license, or amendment;  15,000
         or license exemption request.
    K. Applications for export of appendix P
     Category 2 materials requiring Executive
     Branch review.
        Application--new license, or amendment;  8,700
         or license exemption request.
    L. Application for the export of Category 2
     materials.
        Application--new license, or amendment;  5,400
         or license exemption request.
    M. [Reserved]..............................  N/A.
    N. [Reserved]..............................  N/A.
    O. [Reserved]..............................  N/A.
    P. [Reserved]..............................  N/A.
    Q. [Reserved]..............................  N/A.
Minor Amendments (Category 1 and 2, Appendix P,
 10 CFR Part 110, Export):
    R. Minor amendment of any active export
     license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions which
     do not involve any substantive changes to
     license terms and conditions or to the
     type/quantity/chemical composition of the
     material authorized for export and,
     therefore, do not require in-depth
     analysis, review, or consultations with
     other Executive Branch, U.S. host state,
     or foreign authorities.
        Minor amendment........................  1,400
16. Reciprocity: Agreement State licensees who
 conduct activities under the reciprocity
 provisions of 10 CFR 150.20.
    Application................................  1,800
17. Master materials licenses of broad scope
 issued to Government agencies.
    Application [Program Code(s): 03614].......  Full Cost.
18. U.S. Department of Energy.
    A. Certificates of Compliance. Evaluation    Full Cost.
     of casks, packages, and shipping
     containers (including spent fuel, high-
     level waste, and other casks, and
     plutonium air packages).
    B. Uranium Mill Tailings Radiation Control   Full Cost.
     Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
  assessed for 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.

[[Page 39487]]

 
\5\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)

PART 171--ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES 
AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF 
COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS 
AND GOVERNMENT AGENCIES LICENSED BY THE NRC

0
5. The authority citation for part 171 continues to read as follows:

    Authority: Consolidated Omnibus Budget Reconciliation Act sec. 
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), paragraph (b)(2) introductory 
text, paragraph (c)(1), paragraphs (c)(2) introductory text and (d)(1) 
introductory text, 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 $4,390,000.
    (2) The FY 2013 annual fees are comprised of a base annual fee for 
power reactors licensed to operate, a base spent fuel storage/reactor 
decommissioning annual fee, and associated additional charges (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 $231,000.
    (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 a 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 $5.3 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 $33,920 fee relief surplus. This amount is calculated 
by dividing the total operating power reactor fee-relief surplus 
adjustment, $5.3 million, by the number of operating power reactors 
(102).
    (3) The FY 2013 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a $243,000 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 
$2,000 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........................................         $81,600
Test reactor............................................          81,600
------------------------------------------------------------------------


0
7. In Sec.  171.16:
0
a. Revise paragraphs (c), (d), and (e) introductory text 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

[[Page 39488]]

 
Small Not-For-Profit Organizations (Annual Gross
 Receipts):
    $485,000 to $7 million..........................               2,800
    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]
------------------------------------------------------------------------
         Category of materials licenses             Annual fees 1 2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-
     235 or plutonium for fuel fabrication
     activities.
            (a) Strategic Special Nuclear        $6,997,000
             Material (High Enriched Uranium)
             [Program Code(s): 21130].
            (b) Low Enriched Uranium in          2,633,000
             Dispersible Form Used for
             Fabrication of Power Reactor Fuel
             [Program Code(s): 21210].
        (2) All other special nuclear materials
         licenses not included in Category
         1.A.(1) which are licensed for fuel
         cycle activities.
            (a) Facilities with limited          \5\ N/A.
             operations [Program Code(s):
             21310, 21320].
            (b) Gas centrifuge enrichment        1,354,000
             demonstration facilities.
            (c) Others, including hot cell       677,000
             facilities.
    B. Licenses for receipt and storage of       \11\ N/A.
     spent fuel and reactor-related Greater
     than Class C (GTCC) waste at an
     independent spent fuel storage
     installation (ISFSI) [Program Code(s):
     23200].
    C. Licenses for possession and use of        3,600
     special nuclear material 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        6,800
     licenses, except licenses authorizing
     special nuclear material in sealed or
     unsealed form in combination that would
     constitute a critical mass, as defined in
     Sec.   70.4 of this chapter, for which the
     licensee shall pay the same fees as those
     under Category 1.A.\15\ [Program Code(s):
     22110, 22111, 22120, 22131, 22136, 22150,
     22151, 22161, 22170, 23100, 23300, 23310].
    E. Licenses or certificates for the          3,762,000
     operation of a uranium enrichment facility
     [Program Code(s): 21200].
    F. For special nuclear materials licenses    6,900
     in sealed 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    1,429,000
     source 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      27,900
             facilities [Program Code(s):
             11100].
            (b) Basic In Situ Recovery           35,400
             facilities [Program Code(s):
             11500].
            (c) Expanded In Situ Recovery        40,000
             facilities [Program Code(s):
             11510].
            (d) In Situ Recovery Resin           0
             facilities [Program Code(s):
             11550].
            (e) Resin Toll Milling facilities    \5\ N/A.
             [Program Code(s): 11555].
            (f) Other facilities \4\ [Program    \5\ N/A.
             Code(s): 11700].
        (3) Licenses that authorize the receipt  \5\ N/A.
         of byproduct material, as defined in
         Section 11e.(2) of the Atomic Energy
         Act, from other persons for possession
         and disposal, except those licenses
         subject to the fees in Category
         2.A.(2) or Category 2.A.(4) [Program
         Code(s): 11600, 12000].
        (4) Licenses that authorize the receipt  15,800
         of byproduct material, as defined in
         Section 11e.(2) of the Atomic Energy
         Act, from other persons for possession
         and disposal incidental to the
         disposal of the uranium waste tailings
         generated by the licensee's milling
         operations, except those licenses
         subject to the fees in Category
         2.A.(2) [Program Code(s): 12010].
        (5) Licenses that authorize the          4,700
         possession of source material related
         to removal of contaminants (source
         material) from drinking water [Program
         Code(s): 11820].

[[Page 39489]]

 
    B. Licenses that authorize only the          $3,000
     possession, use, and/or installation of
     source material for shielding. [Program
     Code: 11210].
    C. Licenses to distribute items containing   11,500
     source material to persons exempt from the
     licensing requirements of part 40 of this
     chapter. [Program Code: 11240].
    D. Licenses to distribute source material    4,800
     to persons generally licensed under part
     40 of this chapter [Program Code(s): 11230
     and 11231].
    E. Licenses for possession and use of        7,200
     source material for processing or
     manufacturing of products or materials
     containing source material for commercial
     distribution. [Program Code: 11710].
    F. All other source material licenses.       8,000
     [Program Code(s): 11200, 11220, 11221,
     11300, 11800, 11810].
3. Byproduct material:
    A. Licenses of broad scope for possession    50,900
     and use of byproduct material issued under
     parts 30 and 33 of this chapter for
     processing or manufacturing of items
     containing byproduct material for
     commercial distribution [Program Code(s):
     03211, 03212, 03213].
    B. Other licenses for possession and use of  12,700
     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  18,800
     and/or 32.74 of this chapter authorizing
     the processing or manufacturing and
     distribution or redistribution of
     radiopharmaceuticals, generators, reagent
     kits, and/or sources and devices
     containing byproduct material. This
     category also includes the possession and
     use of source material for shielding
     authorized under part 40 of this chapter
     when included on the same license. This
     category does not apply to licenses issued
     to nonprofit educational institutions
     whose processing or manufacturing is
     exempt under Sec.   171.11(a)(1). [Program
     Code(s): 02500, 02511, 02513].
    D. [Reserved]..............................  \5\ N/A.
    E. Licenses for possession and use of        8,700
     byproduct material in sealed sources for
     irradiation of materials in which the
     source is not removed from its shield
     (self-shielded units) [Program Code(s):
     03510, 03520].
    F. Licenses for possession and use of less   12,900
     than 10,000 curies of byproduct material
     in sealed sources for irradiation of
     materials in which the source is exposed
     for irradiation purposes. This category
     also includes underwater irradiators for
     irradiation of materials in which the
     source is not exposed for irradiation
     purposes [Program Code(s): 03511].
    G. Licenses for possession and use of        118,000
     10,000 curies or more of byproduct
     material in sealed sources for irradiation
     of materials in which the source is
     exposed for irradiation purposes. This
     category also includes underwater
     irradiators for irradiation of materials
     in which the source is not exposed for
     irradiation purposes [Program Code(s):
     03521].
    H. Licenses issued under subpart A of part   9,900
     32 of this chapter to distribute items
     containing byproduct material that require
     device review to persons exempt from the
     licensing requirements of part 30 of this
     chapter, except specific licenses
     authorizing redistribution of items that
     have been authorized for distribution to
     persons exempt from the licensing
     requirements of part 30 of this chapter
     [Program Code(s): 03254, 03255].
    I. Licenses issued under subpart A of part   19,200
     32 of this chapter to distribute items
     containing byproduct material or
     quantities of byproduct material that do
     not require device evaluation to persons
     exempt from the licensing requirements of
     part 30 of this chapter, except for
     specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     exempt from the licensing requirements of
     part 30 of this chapter [Program Code(s):
     03250, 03251, 03252, 03253, 03256].
    J. Licenses issued under subpart B of part   4,800
     32 of this chapter to distribute items
     containing byproduct material that require
     sealed source and/or device review to
     persons generally licensed under part 31
     of this chapter, except specific licenses
     authorizing redistribution of items that
     have been authorized for distribution to
     persons generally licensed under part 31
     of this chapter [Program Code(s): 03240,
     03241, 03243].
    K. Licenses issued under subpart B of part   3,800
     32 of this chapter to distribute items
     containing byproduct material or
     quantities of byproduct material that do
     not require sealed source and/or device
     review to persons generally licensed under
     part 31 of this chapter, except specific
     licenses authorizing redistribution of
     items that have been authorized for
     distribution to persons generally licensed
     under part 31 of this chapter [Program
     Code(s): 03242, 03244].
    L. Licenses of broad scope for possession    16,300
     and use of byproduct material issued under
     parts 30 and 33 of this chapter for
     research and development that do not
     authorize commercial distribution [Program
     Code(s): 01100, 01110, 01120, 03610,
     03611, 03612, 03613].
    M. Other licenses for possession and use of  9,300
     byproduct material issued under part 30 of
     this chapter for research and development
     that do not authorize commercial
     distribution [Program Code(s): 03620].
    N. Licenses that authorize services for      16,700
     other licensees, except: (1) Licenses that
     authorize only calibration and/or leak
     testing services are subject to the fees
     specified in fee Category 3.P.; and (2)
     Licenses that authorize waste disposal
     services are subject to the fees specified
     in fee categories 4.A., 4.B., and 4.C.
     [Program Code(s): 03219, 03225, 03226].
    O. Licenses for possession and use of        27,200
     byproduct material issued under part 34 of
     this chapter for industrial radiography
     operations. This category also includes
     the possession and use of source material
     for shielding authorized under part 40 of
     this chapter when authorized on the same
     license [Program Code(s): 03310, 03320].
    P. All other specific byproduct material     6,400
     licenses, 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         \13\ N/A.
     licensed under part 31 of this chapter.
    R. Possession of items or products
     containing radium-226 identified in 10 CFR
     31.12 which exceed the number of items or
     limits specified in that section:\14\
        1. Possession of quantities exceeding    8,800
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less than
         or equal to 10 times the number of
         items or limits specified [Program
         Code(s): 02700].
        2. Possession of quantities exceeding    8,600
         10 times the number of items or limits
         specified in 10 CFR 31.12(a)(4) or (5)
         [Program Code(s): 02710].
    S. Licenses for production of accelerator-   30,500
     produced radionuclides [Program Code(s):
     03210].
4. Waste disposal and processing:

[[Page 39490]]

 
    A. Licenses specifically authorizing the     \5\ N/A.
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the licensee;
     or licenses authorizing contingency
     storage of low-level radioactive waste at
     the site of nuclear power reactors; or
     licenses for receipt of waste from other
     persons for incineration or other
     treatment, packaging of resulting waste
     and residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material [Program
     Code(s): 03231, 03233, 03235, 03236,
     06100, 06101].
    B. Licenses specifically authorizing the     $19,600
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of packaging or repackaging the
     material. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the
     material [Program Code(s): 03234].
    C. Licenses specifically authorizing the     15,600
     receipt of prepackaged waste byproduct
     material, source material, or special
     nuclear material from other persons. The
     licensee will dispose of the material by
     transfer to another person authorized to
     receive or dispose of the material
     [Program Code(s): 03232].
5. Well logging:
    A. Licenses for possession and use of        12,600
     byproduct material, source material, and/
     or special nuclear material for well
     logging, well surveys, and tracer studies
     other than field flooding tracer studies
     [Program Code(s): 03110, 03111, 03112].
    B. Licenses for possession and use of        \5\N/A.
     byproduct material for field flooding
     tracer studies. [Program Code(s): 03113].
6. Nuclear laundries:
    A. Licenses for commercial collection and    41,000
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material [Program Code(s):
     03218].
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40,   21,600
     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         32,900
     medical institutions or two or more
     physicians under parts 30, 33, 35, 40, and
     70 of this chapter authorizing research
     and development, including human use of
     byproduct material, except licenses for
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in teletherapy devices. This
     category also includes the possession and
     use of source material for shielding when
     authorized on the same license.\9\
     [Program Code(s): 02110].
    C. Other licenses issued under parts 30,     9,000
     35, 40, and 70 of this chapter for human
     use of byproduct material, source
     material, and/or special nuclear material,
     except licenses for byproduct material,
     source material, or special nuclear
     material in sealed sources contained in
     teletherapy devices. This category also
     includes the possession and use of source
     material for shielding when authorized on
     the same license.\9\ [Program Code(s):
     02120, 02121, 02200, 02201, 02210, 02220,
     02230, 02231, 02240, 22160].
8. Civil defense:
    A. Licenses for possession and use of        8,800
     byproduct material, source material, or
     special nuclear material for civil defense
     activities [Program Code(s): 03710].
9. Device, product, or sealed source safety
 evaluation:
    A. Registrations issued for the safety       8,000
     evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel devices, for
     commercial distribution.
    B. Registrations issued for the safety       13,300
     evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material
     manufactured in accordance with the unique
     specifications of, and for use by, a
     single applicant, except reactor fuel
     devices.
    C. Registrations issued for the safety       7,900
     evaluation of sealed sources containing
     byproduct material, source material, or
     special nuclear material, except reactor
     fuel, for commercial distribution.
    D. Registrations issued for the safety       1,600
     evaluation of sealed sources containing
     byproduct material, source material, or
     special nuclear material, manufactured in
     accordance with the unique specifications
     of, and for use by, a single applicant,
     except reactor fuel.
10. Transportation of radioactive material:
    A. Certificates of Compliance or other
     package approvals issued for design of
     casks, packages, and shipping containers..
        1. Spent Fuel, High-Level Waste, and     \6\ N/A.
         plutonium air packages.
        2. Other Casks.........................  \6\ N/A.
    B. Quality assurance program approvals
     issued under part 71 of this chapter.
        1. Users and Fabricators...............  \6\ N/A.
        2. Users...............................  \6\ N/A.
    C. Evaluation of security plans, route       \6\ N/A.
     approvals, route surveys, and
     transportation security devices (including
     immobilization devices).
11. Standardized spent fuel facilities.........  \6\ N/A.
12. Special Projects [Program Code(s): 25110]..  \6\ N/A.
13. A. Spent fuel storage cask Certificate of    \6\ N/A.
 Compliance.
    B. General licenses for storage of spent     \12\ N/A.
     fuel under 10 CFR 72.210.
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear     \7\ N/A.
     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) [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     351,000
 issued to Government agencies [Program
 Code(s): 03614].

[[Page 39491]]

 
18. Department of Energy:
    A. Certificates of Compliance..............  \10\ 1,238,000
    B. Uranium Mill Tailings Radiation Control   700,000
     Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
  valid license with the NRC authorizing possession and use of
  radioactive material during the current FY. The annual fee is waived
  for those materials licenses and holders of certificates,
  registrations, and approvals who either filed for termination of their
  licenses or approvals or filed for possession only/storage licenses
  before October 1, 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 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 U.S.
  Department of Energy that are not funded from the Nuclear Waste Fund.
\11\ See Sec.   171.15(c).
\12\ See Sec.   171.15(c).
\13\ No annual fee is charged for this category because the cost of the
  general license registration program applicable to licenses in this
  category will be recovered through 10 CFR part 170 fees.
\14\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\15\ Licensees 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 (3) of this section, as 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 (e)(2) 
and (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. through 2.F., 3.A. through 3.F., and 3.H. through 9.D.
* * * * *

    Dated at Rockville, Maryland the 21st day of June, 2013.

    For the Nuclear Regulatory Commission.
J.E. Dyer,
Chief Financial Officer.
[FR Doc. 2013-15529 Filed 6-28-13; 8:45 am]
BILLING CODE 7590-01-P