[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Rules and Regulations]
[Pages 37124-37154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15193]



[[Page 37123]]

Vol. 79

Monday,

No. 125

June 30, 2014

Part V





Nuclear Regulatory Commission





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10 CFR Parts 170 and 171





Revision of Fee Schedules; Fee Recovery for Fiscal Year 2014; Final 
Rule

  Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules 
and Regulations  

[[Page 37124]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2013-0276]
RIN 3150-AJ32


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2014

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. These 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) 2014, not including amounts appropriated 
for Waste Incidental to Reprocessing (WIR), amounts appropriated for 
generic homeland security activities, and Inspector General (IG) 
services for the Defense Nuclear Facilities Safety Board (DNFSB). These 
fees represent the cost of the NRC's services provided to applicants 
and licensees.

DATES: This final rule is effective on August 29, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0276 when contacting the 
NRC about the availability of information for this final rule. You may 
access publicly-available information related to this final rule by any 
of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0276. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this final rule.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection 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]. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

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: 

Table of Contents

I. Background
II. Discussion
III. Opportunities for Public Participation
IV. Public Comment Analysis
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act
XII. Congressional Review Act
XIII. Voluntary Consensus Standards
XIV. Availability of Guidance
XV. Availability of Documents

I. Background

    Over the past 40 years the NRC (and earlier, as the Atomic Energy 
Commission, 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: (1) The Independent Offices 
Appropriations Act of 1952 (IOAA) (31 U.S.C. 483(a)); and (2) 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, amounts 
appropriated for generic homeland security activities (non-fee items), 
and IG services for the DNFSB, through fees to the NRC licensees and 
applicants.
    In addition to the requirements of OBRA-90, as amended, the NRC is 
also required to comply with the requirements of the Small Business 
Regulatory Enforcement Fairness Act of 1996. This Act encourages small 
businesses to participate in the regulatory process, and requires 
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, develops 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 is to lessen the financial impact on 
small entities through the establishment of a maximum fee at a reduced 
rate for qualifying licensees.
    In FY 2013, the NRC staff performed a biennial review using 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 methodology disproportionately impacted NRC's small licensees 
compared to other licensees; therefore, the NRC staff limited the 
increase to 21 percent, the same as FY 2011. The change resulted in a 
fee of $2,800 for an upper-tier small entity and $600 for a lower-tier 
small entity for FY 2013. The NRC staff believes these small-entity 
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. For this fee rule, the small entity fees 
remain unchanged. The next biennial review will be conducted in FY 
2015.

II. Discussion

    In compliance with OBRA-90, as amended, and the Atomic Energy Act 
(AEA), the NRC amends its fee schedules for 10 CFR parts 170 and 171 to 
recover approximately 90 percent of its FY 2014 budget authority, less 
the amounts appropriated for WIR, the Nuclear Waste Fund (NWF), generic 
homeland security activities, and IG services for the DNFSB. The 10 CFR 
part 170 user fees, 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. The 10 CFR part 171 annual fees 
recover generic regulatory costs not otherwise recovered through 10 CFR 
part 170 fees.

[[Page 37125]]

FY 2014 Fee Collection

    The NRC received total appropriations of $1,055.9 million for FY 
2014 based on the Consolidated Appropriations Act (Pub. L. 113-76), 
signed by President Obama on January 17, 2014. Based on OBRA-90, as 
amended, the NRC is required to recover $930.7 million through 10 CFR 
part 170 licensing and inspections and 10 CFR part 171 annual fees for 
FY 2014. This amount excludes non-fee items for WIR activities totaling 
$1.4 million, IG services for the DNFSB totaling $0.9 million, and 
generic homeland security activities totaling $19.5 million. The 
required fee recovery amount is $66.8 million more than the amount 
estimated for recovery in FY 2013, an increase of 7.7 percent. After 
accounting for billing adjustments, this amount is further decreased by 
$14.0 million as a result of net billing adjustments (sum of unpaid 
current year invoices (estimated) minus payments for prior year 
invoices and current year collections for a reclassified fuel facility 
licensee). This leaves approximately $916.7 million in FY 2014 to be 
billed as fees to licensees for 10 CFR part 170 licensing and 
inspection fees and 10 CFR part 171 annual fees. This amount represents 
a $2.2 million decrease in fees assessed to licensees from the FY 2014 
proposed fee rule published on April 14, 2014 (79 FR 21036).
    Table I summarizes the budget and fee recovery amounts for FY 2014. 
The FY 2013 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 2013 final     FY 2014 final
                                                                                    rule              rule
----------------------------------------------------------------------------------------------------------------
Total Budget Authority......................................................            $985.6          $1,055.9
Less Non-Fee Items..........................................................             -25.7             -21.8
    Balance.................................................................            $959.9          $1,034.1
Fee Recovery Rate...........................................................               90%               90%
                                                                             -----------------------------------
    Total Amount to be Recovered............................................             864.0             930.7
10 CFR Part 171 Billing Adjustments:
    Unpaid Current Year Invoices (estimated)................................               2.2               0.5
    Less Current Year from Collections (Terminated or Reclassified                        -4.6              -2.2
     licensees).............................................................
    Less Payments Received in Current Year for Previous Year................              -2.0             -12.3
    Invoices (estimated)....................................................
                                                                             -----------------------------------
        Subtotal............................................................              -4.4             -14.0
Amount to be Recovered through 10 CFR Parts 170 and 171 from Current                    $859.6            $916.7
 Licensees Fees.............................................................
    Less Estimated 10 CFR Part 170 Fees.....................................            -327.1            -332.5
    Less Prior Year Unbilled 10 CFR Part 170 Fees...........................             -20.9                -0
10 CFR Part 171 Fee Collections Required from Current Licensees.............            $511.6            $584.2
----------------------------------------------------------------------------------------------------------------

Changes From the FY 2013 Final Fee Rule

    In this final fee rule, the NRC amends fees for power reactors, 
spent fuel storage/reactor decommissioning, non-power reactors, uranium 
recovery facilities, fuel facilities, materials users, and the U.S. 
Department of Energy's (DOE) transportation license as compared to the 
FY 2013 final fee rule. The total amount of annual fees to be 
recovered, $584.2 million, represents an increase of $72.6 million from 
the FY 2013 final rule. Overall, the operating reactors' annual fees 
increase from the FY 2013 final rule as a result of increased budgetary 
resources with an unsequestrated budget, the absence of a one-time 
billing credit of approximately $20 million from FY 2013, and the 
reduction of two reactors (San Onofre Nuclear Generating Station 
(SONGS), Units 2 and 3).

Changes From the FY 2014 Proposed Fee Rule

    In this final rule, the 10 CFR part 170 fees also increase $8 
million due to an increase in licensing actions for operating reactors 
of $10.5 million and generic decommissioning by approximately $0.1 
million offset by a decrease in 10 CFR part 170 of $2.6 million for 
fuel facilities. The operating reactor annual fees decrease by 
approximately $10.5 million from the FY 2014 proposed fee rule 
estimate.
    The fuel facilities annual fees increase by $0.4 million from the 
FY 2014 proposed rule as a result of reduced 10 CFR part 170 billings 
of $2.6 million due to new construction project delays with an offset 
of a $2.2 million reclassification adjustment for current year billings 
for an approved downgraded fuel facility licensee (USEC Paducah) under 
fee category 1.E., Licenses or certificates for the operation of a 
uranium enrichment facility. The NRC removed USEC Paducah from the 
enrichment category and placed the facility under 10 CFR part 171 
annual fee category 1.A.(2)(a), ``Limited Operations,'' on May 28, 
2014. The USEC Paducah shut down with no plans to restart the 
enrichment cascades. The USEC Paducah shipped uranium hexafluoride 
(UF6) feed and product material to other facilities for 
storage and management and is currently in the process of deleasing the 
facilities. The one-time credit applied to fuel facility licensees is 
for the current year revenue received while USEC Paducah was licensed 
under fee category 1.E. Decreases in some fuel facilities annual fees 
can also be attributed to revisions to their effort factors within the 
Fuel Facilities matrix used to compute the fee calculations.
    As a result of these changes, the 10 CFR part 171 annual fees for 
current licensees decrease by $10.2 million from the proposed rule. 
Overall, the percentage changes in most annual fees increase moderately 
compared to the previous year with the exception of operating reactors 
and uranium recovery annual fees. For this final rule, the FTE rate 
used to convert budgetary resources into FTE dollars remains unchanged 
from the proposed rule.
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 increasing the current hourly rate of 
$272 to $279 in FY 2014. This rate is

[[Page 37126]]

applicable to all activities for which fees are assessed under 
Sec. Sec.  170.21 and 170.31.
    The FY 2014 hourly rate is 2.6 percent higher than the FY 2013 
hourly rate of $272. The increase in the hourly rate is due primarily 
to higher agency-budgeted resources and a decrease in the number of 
mission direct full-time equivalents (FTE) compared to FY 2013.
    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 IG, which is all agency indirect costs (i.e. 
overhead, 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 2014, the NRC used 1,375 hours per direct FTE, an increase of 
24 hours from FY 2013, to calculate the hourly fee rate. These hours 
exclude all indirect activities such as training, general 
administration, and leave, and include only those activities that 
directly support the NRC's mission. The NRC generated this 1,375 hour 
figure by reviewing data from its time and labor system.
    Table II shows the results of the hourly rate calculation 
methodology. The FY 2013 amounts are provided for comparison purposes. 
(Individual values may not sum to totals due to rounding.)

                                        Table II--Hourly Rate Calculation
----------------------------------------------------------------------------------------------------------------
                                                                                FY 2013 final     FY 2014 final
                                                                                    rule              rule
----------------------------------------------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits..................................            $345.1            $359.2
Mission-Indirect Program Support............................................              19.7              21.0
Agency Corporate Support, and the IG........................................             474.8             486.0
                                                                             -----------------------------------
    Subtotal................................................................             839.6             866.2
Less Offsetting Receipts....................................................              -0.0              -0.0
                                                                             -----------------------------------
    Total Budget Included in Hourly Rate (Millions of Dollars)..............             839.6             866.2
Mission-Direct FTE (Whole numbers)..........................................             2,285             2,254
Professional Hourly Rate (Total Budget Included in Hourly Rate divided by                  272               279
 Mission-Direct FTE Hours) (Whole Numbers)..................................
----------------------------------------------------------------------------------------------------------------

    As shown in Table II, dividing the FY 2014 $866.2 million budget 
amount included in the hourly rate by total mission-direct FTE hours 
(2,254 FTE times 1,375 hours) results in an hourly rate of $279. The 
hourly rate is rounded to the nearest whole dollar.
Flat Application Fee Changes
    The NRC is amending the current flat application fees in Sec. Sec.  
170.21 and 170.31 to reflect the revised hourly rate of $279. These 
flat fees are calculated by multiplying the average professional staff 
hours needed to process the licensing actions by the professional 
hourly rate for FY 2014. The agency estimates the average professional 
staff hours needed to process licensing actions every other year as 
part of its biennial review of fees performed in compliance with the 
Chief Financial Officers Act of 1990. The NRC last performed this 
review as part of the FY 2013 fee rulemaking. The higher hourly rate of 
$279 is the primary reason for the increase in application fees.
    The amounts of the materials licensing flat fees are rounded so 
that the fees would be convenient to the user and the effects of 
rounding would be minimal. Fees under $1,000 are rounded to the nearest 
$10, fees that are greater than $1,000 but less than $100,000 are 
rounded to the nearest $100, and fees that are greater than $100,000 
are rounded to the nearest $1,000.
    The final licensing flat fees are applicable for fee categories 
K.1. through K.5. of Sec.  170.21, and fee categories 1.C. through 
1.D., 2.B. through 2.F., 3.A. through 3.S., 4.B. through 9.D., 10.B., 
15.A. through 15.L., 15.R., and 16 of Sec.  170.31. Applications filed 
on or after the effective date of the FY 2014 final fee rule are 
subject to the revised fees in the final rule.
 Application of Fee-Relief and Low-Level Waste (LLW) Surcharge
    The NRC will assess a total of $1.9 million to licensees' annual 
fees for both fee-relief activities and LLW surcharge based on their 
share of the fee recoverable budget authority. For this rulemaking, the 
NRC establishes rebaselined annual fees by changing the number of 
licensees in accordance with SECY-05-0164, ``Annual Fee Calculation 
Method,'' September 15, 2005 (ADAMS Accession No. ML052580332). The 
rebaselining method analyzes the budget in detail and allocates the 
budgeted costs to various classes or subclasses of licensees. This 
method is currently used by the NRC every year.
    Specifically, 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.
    In comparison to FY 2013, the budgetary resources in FY 2014 
increased for fee-relief activities due to increased rulemaking 
activities for research and test reactors, increased training and 
travel resources under Agreement State Oversight, and a reduction in 
decommissioning billings under 10 CFR part 170, which lowered the 
offset under decommissioning activities for total fee relief resources.
    In comparison to the FY 2014 proposed fee rule, budgetary resources 
decrease for fee relief in this final due in part to a $100,000 
reduction to the fee relief budget from increased 10 CFR part 170 
billings for the generic decommissioning/reclamation under the fee 
relief categories. As a result, of this change, some licensees received 
a minimal reduction in fees in this final rule.
    Table III summarizes the fee-relief activities for FY 2014. The FY 
2013

[[Page 37127]]

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 2013 budgeted  FY 2014 budgeted
                            Fee-relief activities                                   costs             costs
----------------------------------------------------------------------------------------------------------------
1. Activities not attributable to an existing NRC licensee or class of
 licensee:
    a. International activities.............................................             $10.2             $11.2
    b. Agreement State oversight............................................              10.3              12.6
    c. Scholarships and Fellowships.........................................              16.4              18.9
    d. Medical Isotope Production...........................................               3.5               3.1
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 educational institutions.................              10.2              11.9
    b. Costs not recovered from small entities under 10 CFR 171.16(c).......               7.7               8.4
    c. Regulatory support to Agreement States...............................              16.3              17.9
    d. Generic decommissioning/reclamation (not related to the power reactor              13.9              17.1
     and spent fuel storage fee classes)....................................
    e. In Situ leach rulemaking and unregistered general licensees..........               1.3               1.0
                                                                             -----------------------------------
    Total fee-relief activities.............................................              89.8             102.1
Less 10 percent of the NRC's total FY budget (less non-fee items)...........             -96.0            -103.4
Fee-Relief Adjustment to be Allocated to All Licensees' Annual Fees.........              -6.2              -1.3
----------------------------------------------------------------------------------------------------------------

    Table IV shows how the NRC will allocate the $1.3 million fee-
relief assessment adjustment to each license fee class. As explained 
previously, the NRC will allocate this fee-relief adjustment to each 
license fee class based on their percentage of the budget for their 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 and Agreement States, the costs of 
these activities are recovered through annual fees. In FY 2014, this 
allocation percentage remains the same as FY 2013 based on a recent 
review of data by fee class.
    Table IV also shows the allocation of the LLW surcharge activity. 
For FY 2014, the total budget allocated for LLW activity is $3.2 
million. (Individual values may not sum to totals due to rounding.)

                    Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2014
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                           LLW surcharge               Fee-relief adjustment           Total
                                 -------------------------------------------------------------------------------
                                      Percent            $            Percent            $               $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........            53.0             1.7            86.5            -1.1             0.5
Spent Fuel Storage/Reactor        ..............  ..............             3.6             0.0             0.0
 Decommissioning................
Research and Test Reactors......  ..............  ..............             0.3             0.0             0.0
Fuel Facilities.................            37.0             1.2             5.2            -0.1             1.1
Materials Users.................            10.0             0.3             2.8            -0.0             0.3
Transportation..................  ..............  ..............             0.5            -0.0             0.0
Uranium Recovery................  ..............  ..............             1.2            -0.0             0.0
                                 -------------------------------------------------------------------------------
    Total.......................           100.0             3.2           100.0            -1.3             1.9
----------------------------------------------------------------------------------------------------------------

Annual Fee Policy Change
    The staff examined 10 CFR 171.15(a) regarding independent spent 
fuel storage installation (ISFSI) licenses and determined that the 
current regulations are inconsistent with how other classes of 
licensees are assessed annual fees based on operational status. Under 
10 part 171.15(a), licensees for new nuclear reactors under 10 CFR part 
52, ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants,'' may not operate a facility and are not assessed annual fees 
until the Commission determines that the acceptance criteria in a 
combined license have been met as stated under 10 CFR 52.103(g). 
However, licensees under 10 CFR part 72, ``Licensing Requirements for 
the Independent Storage of Spent Nuclear Fuel and High-Level 
Radioactive Waste, and Reactor-Related Greater Than Class C Waste,'' 
that do not hold licenses under 10 CFR part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' or 10 CFR part 52, must pay an 
annual fee regardless of operational status. This creates a regulatory 
inconsistency because the NRC's current fee regulations fail to 
consider the Commission's requirement that 10 CFR part 72 licensees 
notify the Commission of their readiness to begin operations at least 
90 days prior to the first storage of spent fuel, high-level waste, or 
reactor-related Greater than Class C waste in an ISFSI or a monitored 
retrievable storage installation.
    In the cases of licensees under both 10 CFR part 72 and 10 CFR part 
52, the Commission ultimately determines a licensee's operational 
status through

[[Page 37128]]

established criteria that either requires a licensee to notify the 
Commission of its readiness to operate or the Commission's finding that 
acceptance criteria in the combined license have been met before 
operation of a facility. The OBRA-90, as amended, requires the NRC to 
fairly and equitably recover the costs of providing regulatory services 
in its collection of fees from licensees. Therefore, the NRC modifies 
10 CFR 171.15(a) to allow an ISFSI licensee to be charged an annual fee 
when the licensee has the ability to use or to derive benefit from the 
license--that is, when an ISFSI licensee notifies the Commission of its 
readiness to operate. This change mirrors the practice for licensees 
under the power reactor and fuel cycle facility fee categories.
Revised Annual Fees
    The NRC is required to establish rebaselined annual fees, which 
includes updating the number of NRC licensees in the FY 2014 fee 
calculations. Therefore, the NRC is revising its annual fees in 
Sec. Sec.  171.15 and 171.16 for FY 2014 to recover approximately 90 
percent of the NRC's FY 2014 budget authority, less non-fee amounts and 
the estimated amount to be recovered through 10 CFR part 170 fees. The 
total estimated 10 CFR part 170 collections for this final rule total 
$332.5 million, a decrease of $15.5 million from the FY 2013 fee rule. 
The total amount to be recovered through annual fees from current 
licensees for this final rule is $584.2 million, an increase of $72.68 
million from the FY 2013 final rule. The required annual fee collection 
in FY 2013 was $511.6 million.
    In the agency's FY 2006 final fee rule (71 FR 30721; May 30, 2006), 
the Commission determined that the agency should proceed with a 
presumption in favor of rebaselining when calculating annual fees each 
year. Rebaselining involves a detailed analysis of the NRC's budget, 
with the NRC allocating budgeted resources 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.
    For FY 2014, the NRC's total fee recoverable budget, as mandated by 
law, is $930.7 million, an increase of $66.8 million compared to FY 
2013. The FY 2014 budget was allocated to the appropriate fee class 
based on budgeted activities. As compared with the FY 2013 annual fees, 
the FY 2014 rebaselined fees decrease for three classes--spent fuel 
storage/reactor and decommissioning, some fuel facilities, and DOE 
Transportation Activities. The annual fees increase for five fee 
classes--operating reactors, research and test reactors, most fuel 
facilities, materials users, and uranium recovery licensees.
    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 2014), 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 remains at 
10 percent for FY 2014, the same as FY 2013.
    Table V shows the rebaselined fees for FY 2014 for a representative 
list of categories of licensees. The FY 2013 amounts are provided for 
comparison purposes. (Individual values may not sum to totals due to 
rounding.)

                                        Table V--Rebaselined Annual Fees
----------------------------------------------------------------------------------------------------------------
                                                                                FY 2013 final     FY 2014 final
                         Class/category of licenses                              annual fee        annual fee
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors (Including Spent Fuel Storage/Reactor                      $4,390,000        $5,223,000
 Decommissioning Annual Fee)................................................
Spent Fuel Storage/Reactor Decommissioning..................................           231,000           224,000
Research and Test Reactors (Nonpower Reactors)..............................            81,600            84,500
High Enriched Uranium Fuel Facility.........................................         6,997,000         7,175,000
Low Enriched Uranium Fuel Facility..........................................         2,633,000         2,469,000
UF6 Conversion and Deconversion Facility....................................         1,429,000         1,466,000
Conventional Mills..........................................................            27,900            33,800
Typical Materials Users:
    Radiographers (Category 3O).............................................            27,200            29,800
    Well Loggers (Category 5A)..............................................            12,600            13,600
    Gauge Users (Category 3P)...............................................             6,400             6,800
    Broad Scope Medical (Category 7B).......................................            32,900            35,700
----------------------------------------------------------------------------------------------------------------

    The work papers (ADAMS Accession No. ML14064A394) that support this 
final rule show in detail the allocation of the NRC's budgeted 
resources for each class of licenses and how the fees are calculated. 
The work papers are available as indicated in Section XV, 
``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 2014 budgeted costs to be recovered in the annual fees 
assessment to the fuel facility class of licenses (which includes 
licensees in fee categories 1.A.(1)(a), 1.A.(1)(b), 1.A.(2)(a), 
1.A.(2)(b), 1.A.(2)(c), 1.E., and 2.A.(1) under Sec.  171.16) are 
approximately $29.5 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 2014, the LLW surcharge for fuel facilities is added to the 
allocated fee-relief adjustment (see Table IV, ``Application of Fee-
Relief Adjustment and LLW Surcharge, FY 2014,'' in Section II, 
``Discussion,'' of this document). The summary calculations used to 
derive this value are presented in Table VI for FY 2014, with FY 2013 
values shown for comparison. (Individual values may not sum to totals 
due to rounding.)

[[Page 37129]]



                          Table VI--Annual Fee Summary Calculations for Fuel Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                          Summary fee calculations                              FY 2013 Final     FY 2014 Final
----------------------------------------------------------------------------------------------------------------
Total budgeted resources....................................................              50.7              47.2
Less estimated 10 CFR part 170 receipts.....................................             -19.5             -16.7
Net 10 CFR part 171 resources...............................................              31.2              30.5
Allocated generic transportation............................................              +0.8               0.6
Fee-relief adjustment/LLW surcharge.........................................              +0.9               1.1
Billing adjustments.........................................................              -0.0              -0.6
Reclassification of licensee current year fee billing received:.............               0.0              -2.2
                                                                             -----------------------------------
    Total remaining required annual fee recovery............................              32.9              29.5
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2013, the FY 2014 budgetary resources for fuel 
facilities decreased due to new construction project delays within the 
oversight process and reduced 10 CFR part 170 billings.
    As a result of the NRC's approval to reclassify a fuel facility 
licensee (USEC Paducah) to another fee category, the remaining fuel 
facility licensees receive a $2.2 million credit adjustment of current 
year collections for FY 2014. The NRC allocates the total remaining 
annual fee recovery amount to the individual fuel facility licensees, 
based on the effort/fee determination matrix developed for the FY 1999 
final fee rule (64 FR 31447; June 10, 1999). In the matrix included in 
the publicly-available NRC work papers, licensees are grouped into 
categories according to their licensed activities (i.e., nuclear 
material enrichment, processing operations, and material form) and the 
level, scope, depth of coverage, and rigor of generic regulatory 
programmatic effort applicable to each category from a safety and 
safeguards perspective. This methodology can be applied to determine 
fees for new licensees, current licensees, licensees in unique license 
situations, and certificate holders.
    This methodology is adaptable to changes in the number of licensees 
or certificate holders, licensed or certified material and/or 
activities, and total programmatic resources to be recovered through 
annual fees. When a license or certificate is modified, it may result 
in a change of category for a particular fuel facility licensee, as a 
result of the methodology used in the fuel facility effort/fee matrix. 
Consequently, this change may also have an effect on the fees assessed 
to other fuel facility licensees and certificate holders. For example, 
if a fuel facility licensee amends its license/certificate (e.g., 
decommissioning or license termination) that results in it not being 
subject to 10 CFR part 171 costs applicable to the fee class, then the 
budgeted costs for the safety and/or safeguards components will be 
spread among the remaining fuel facility licensees/certificate holders.
    The methodology is applied as follows. First, a fee category is 
assigned, based on the nuclear material and activity authorized by 
license or certificate. Although a licensee/certificate holder may 
elect not to fully use a license/certificate, the license/certificate 
is still used as the source for determining authorized nuclear material 
possession and use/activity. Second, the category and license/
certificate information are used to determine where the licensee/
certificate holder fits into the matrix. The matrix depicts the 
categorization of licensees/certificate holders by authorized material 
types and use/activities.
    Each year, the NRC's fuel facility project managers and regulatory 
analysts determine the level of effort associated with regulating each 
of these facilities. This is done by assigning, for each fuel facility, 
separate effort factors for the safety and safeguards activities 
associated with each type of regulatory activity. The matrix includes 
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: 1 (low regulatory effort), 5 
(moderate regulatory effort), and 10 (high regulatory effort). The NRC 
then totals separate effort factors for safety and safeguards 
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 2013. However, as a result of the downgraded licensee, USEC 
Paducah, in May 2014, the effort factors changed significantly for the 
fee category 1.E., Uranium Enrichment, and slightly for fee category 
1.A.(2)(a), Limited Operations, from the FY 2014 proposed and FY 2013 
final rule.

                             Table VII--Effort Factors for Fuel Facilities, FY 2014
----------------------------------------------------------------------------------------------------------------
                                                                               Effort factors (percent of total)
               Facility type (fee category)                     Number of    -----------------------------------
                                                               facilities          Safety          Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))...................                 2         89 (43.8)         97 (54.5)
Low-Enriched Uranium Fuel (1.A.(1)(b))....................                 3         70 (34.5)         26 (14.6)
Limited Operations (1.A.(2)(a))...........................                 1           2 (1.0)           7 (3.9)
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))......                 1           3 (1.5)          15 (8.7)
Hot Cell (1.A.(2)(c)).....................................                 1           6 (3.0)           3 (1.7)
Uranium Enrichment (1.E.).................................                 1         21 (10.3)         23 (12.9)
UF6 Conversion and Deconversion (2.A.(1)).................                 1          12 (5.9)           7 (3.9)
----------------------------------------------------------------------------------------------------------------


[[Page 37130]]

    For FY 2014, the total budgeted resources for safety activities are 
$16.2 million, excluding the fee-relief adjustment and the 
reclassification adjustment. This amount is allocated to each fee 
category based on its percent of the total regulatory effort for safety 
activities. For example, if the total effort factor for safety 
activities for all fuel facilities is 100, and the total effort factor 
for safety activities for a given fee category is 10, that fee category 
will be allocated 10 percent of the total budgeted resources for safety 
activities. Similarly, the budgeted resources amount of $14.3 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, $1.1 
million, is allocated to each fee category based on its percent of the 
total regulatory effort for both safety and safeguards activities. The 
annual fee per licensee is then calculated by dividing the total 
allocated budgeted resources for the fee category by the number of 
licensees in that fee category. The fee (rounded) for each facility is 
summarized in Table VIII.

               Table VIII--Annual Fees for Fuel Facilities
------------------------------------------------------------------------
                                                          FY 2014 final
             Facility type (fee category)                  annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))...............        $7,175,000
Low-Enriched Uranium Fuel (1.A.(1)(b))................         2,469,000
Limited Operations (1.A(2)(a))........................           747,000
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))..         1,389,000
Hot Cell (and others) (1.A.(2)(c))....................           694,000
Uranium Enrichment (1.E.).............................         3,395,000
UF6 Conversion and Deconversion (2.A.(1)).............         1,466,000
------------------------------------------------------------------------

b. Uranium Recovery Facilities
    The total FY 2014 budgeted costs to be recovered through annual 
fees assessed to the uranium recovery class (which includes licensees 
in fee categories 2.A.(2)(a), 2.A.(2)(b), 2.A.(2)(c), 2.A.(2)(d), 
2.A.(2)(e), 2.A.(3), 2.A.(4), 2.A.(5), and 18.B. under Sec.  171.16) 
are approximately $1.2 million. The derivation of this value is shown 
in Table IX, with FY 2013 values shown for comparison purposes.

     Table IX--Annual Fee Summary Calculations for Uranium Recovery
                               Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2013 final     FY 2014 final
------------------------------------------------------------------------
Total budgeted resources............              $9.9             $10.9
Less estimated 10 CFR part 170                    -8.9              -9.5
 receipts...........................
Net 10 CFR part 171 resources.......               1.0               1.3
Allocated generic transportation....               N/A               N/A
Fee-relief adjustment...............              -0.0              -0.0
Billing adjustments.................              -0.0              -0.1
                                     -----------------------------------
    Total required annual fee                      1.0               1.2
     recovery.......................
------------------------------------------------------------------------

    The increase in total budgeted resources and annual fees allocated 
to uranium recovery in FY 2014 is primarily due to an increase in 
environmental reviews, inspections, and licensing actions.
    Since FY 2002, the NRC has computed the annual fee for the uranium 
recovery fee class by allocating the total annual fee amount for this 
fee class between the DOE and the other licensees in this fee class. 
The NRC regulates DOE's Title I and Title II activities under the 
Uranium Mill Tailings Radiation Control Act (UMTRCA). The Congress 
established the two programs, Title I and Title II, under UMTRCA to 
protect the public and the environment from uranium milling. The UMTRCA 
Title I program is for remedial action at abandoned mill tailings sites 
where tailings resulted largely from production of uranium for the 
weapons program. The NRC also regulates DOE's UMTRCA Title II program, 
which is directed toward uranium mill sites licensed by the NRC or 
Agreement States in or after 1978.
    In FY 2014, 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
------------------------------------------------------------------------
                                                          FY 2014 final
                   Summary of costs                        annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I and Title II)
 General Licenses:
    UMTRCA Title I and Title II budgeted costs less 10          $774,185
     CFR part 170 receipts............................
    10 percent of generic/other uranium recovery                  42,009
     budgeted costs...................................

[[Page 37131]]

 
    10 percent of uranium recovery fee-relief                     -1,554
     adjustment.......................................
                                                       -----------------
        Total Annual Fee Amount for DOE (rounded).....           815,000
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery                 378,082
     budgeted costs less the amounts specifically
     budgeted for Title I and Title II activities.....
    90 percent of uranium recovery fee-relief                    -13,986
     adjustment.......................................
                                                       -----------------
        Total Annual Fee Amount for Other Uranium                364,096
         Recovery Licenses............................
------------------------------------------------------------------------

    The DOE fee would increase by 16.4 percent in FY 2014 compared to 
FY 2013 due to increased budgetary resources for UMTRCA activities. 
Again, the annual fee for uranium recovery licensees increases due to 
environmental reviews, inspections, and licensing actions.
    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 $378,082 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 2014 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, as defined in Section 11e.(2) of the Atomic Energy Act 
(11e.(2) disposal facilities); and uranium water treatment facilities.
    Second, the matrix identifies the types of operating activities 
that support and benefit these licensees. The activities related to 
generic decommissioning/reclamation are not included in the matrix 
because they are included in the fee-relief activities. Therefore, they 
are not a factor in determining annual fees. The activities included in 
the matrix are operations, waste operations, and groundwater 
protection. The relative weight of each type of activity is then 
determined, based on the regulatory resources associated with each 
activity. The operations, waste operations, and groundwater protection 
activities have weights of 0, 5, and 10, respectively, in the matrix.
    Each year, the NRC determines the level of benefit to each licensee 
for generic uranium recovery program activities for each type of 
generic activity in the matrix. This is done by assigning, for each fee 
category, separate benefit factors for each type of regulatory activity 
in the matrix. Benefit factors are assigned on a scale of 0 to 10 as 
follows: 0 (no regulatory benefit), 5 (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. Therefore, these benefit factors reflect 
the relative regulatory benefit associated with each licensee and fee 
category.
    Table XI displays the benefit factors per licensee and per fee 
category, for each of the non-DOE fee categories included in the 
uranium recovery fee class as follows:

                             Table XI--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
                                              Number of      Benefit factor                      Benefit factor
              Fee category                    licensees       per licensee       Total value      percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills                        1               150               150                 9
 (2.A.(2)(a))...........................
Basic In Situ Recovery facilities                        6               190             1,140                71
 (2.A.(2)(b))...........................
Expanded In Situ Recovery facilities                     1               215               215                13
 (2.A.(2)(c))...........................
11e.(2) disposal incidental to existing                  1                85                85                 5
 tailings 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 $364,096 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 2014 final
             Facility type (fee category)                  annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))........           $33,800
Basic In Situ Recovery facilities (2.A.(2)(b))........            42,800
Expanded In Situ Recovery facilities (2.A.(2)(c)).....            48,500

[[Page 37132]]

 
11e.(2) disposal incidental to existing tailings sites            19,200
 (2.A.(4))............................................
Uranium water treatment (2.A.(5)).....................             5,600
------------------------------------------------------------------------

c. Operating Power Reactors
    The total budgeted costs to be recovered from the power reactor fee 
class in FY 2014 in the form of annual fees is $499.9 million, as shown 
in Table XIII. The FY 2013 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 2013 final     FY 2014 final
------------------------------------------------------------------------
Total budgeted resources............            $734.7            $799.3
Less estimated 10 CFR part 170                 -$303.8           -$290.9
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...             430.9             508.4
Allocated generic transportation....               1.3               1.1
Fee-relief adjustment/LLW surcharge.              -3.4               0.6
Billing adjustment..................               0.2             -10.2
                                     -----------------------------------
2nd billing adjustment (terminated                -4.6               0.0
 license)...........................
                                     -----------------------------------
    Total required annual fee                    424.2             499.9
     recovery.......................
------------------------------------------------------------------------

    The budgetary resources for operating power reactors primarily 
increase in FY 2014 due to increased resources to support Fukushima 
Near-Term Task Force (NTTF) recommendations (``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; Commission-directed 
high- and medium-priority rulemaking activities; the Force on Force 
program; and the maintenance, operation and eventual replacement of the 
Reactor Program System (RPS).
    The annual fees for power reactors increase primarily as a result 
of: (1) Decreased 10 CFR part 170 billings due to the decline in 
current year licensing actions and delays in major design certification 
applications and combined license applications (this decline in 10 CFR 
part 170 billings means that 10 CFR part 171 fees need to increase to 
make up the difference and ensure that the NRC collects approximately 
90 percent of its budget authority); (2) increased generic regulatory 
work related to domestic post-Fukushima regulatory actions and the 
development of the new waste confidence rule, which the NRC cannot bill 
to a specific licensee; and (3) the shutdown of two operating reactors 
(San Onofre Nuclear Generating Station, Units 2 and 3), which lowered 
the number of licensees in the power reactor annual fee class. The 
budgeted costs to be recovered through annual fees to power reactors 
are divided equally among the 100 power reactors licensed to operate, 
resulting in an FY 2014 annual fee of $4,999,000 per reactor. 
Additionally, each power reactor licensed to operate will be assessed 
the FY 2014 spent fuel storage/reactor decommissioning annual fee of 
$224,000. The total FY 2014 annual fee is $5,223,000 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 2014, budgeted costs of $27.5 million for spent fuel 
storage/reactor decommissioning will be recovered through annual fees 
assessed to 10 CFR part 50 power reactors and to 10 CFR part 72 
licensees who do not hold a 10 CFR part 50 license. Those reactor 
licensees that have ceased operations and have no fuel onsite will not 
be subject to these annual fees. Table XIV shows the calculation of 
this annual fee amount. The FY 2013 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 2013 final     FY 2014 final
------------------------------------------------------------------------
Total budgeted resources............             $33.4             $32.7
Less estimated 10 CFR part 170                    -5.4              -5.4
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...              28.0              27.3
Allocated generic transportation....               0.6               0.6

[[Page 37133]]

 
Fee-relief adjustment...............              -0.2               0.0
Billing adjustments.................               0.0              -0.4
                                     -----------------------------------
    Total required annual fee                     28.4              27.5
     recovery.......................
------------------------------------------------------------------------

    The budgetary resources for this fee class are reduced in FY 2014 
due to a decline in activities related to Commission-directed 
improvements for storage and transportation regulations and processes. 
The required annual fee recovery amount is divided equally among 123 
licensees, resulting in an FY 2014 annual fee of $224,000 per licensee.
e. Research and Test Reactors (Non-Power Reactors)
    Approximately $340,000 in budgeted costs would be recovered through 
annual fees assessed to the test and research reactor class of licenses 
for FY 2014. Table XV summarizes the annual fee calculation for the 
research and test reactors for FY 2014. The FY 2013 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 2013 final     FY 2014 final
------------------------------------------------------------------------
Total budgeted resources............             $1.50             $2.63
Less estimated 10 CFR part 170                   -1.19             -2.28
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...              0.30              0.35
Allocated generic transportation....              0.03              0.03
Fee-relief adjustment...............             -0.01             -0.01
Billing adjustments.................             -0.00             -0.03
                                     -----------------------------------
    Total required annual fee                     0.33              0.34
     recovery.......................
------------------------------------------------------------------------

    For FY 2014, budgetary resources for research and test reactors 
increase due to more emphasis on rulemaking activities to streamline 
license renewal processes. 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 2014 annual fee of $84,500 for each 
licensee.
f. Rare Earth Facilities
    The agency does not anticipate receiving an application for a rare 
earth facility this fiscal year, so no budgeted resources are allocated 
to this fee class, and no annual fee will be published in FY 2014.
g. Materials Users
    For FY 2014, budget costs of $33.1 million for materials users 
would be recovered through annual fees assessed to 10 CFR parts 30, 40, 
and 70 licensees. Table XVI shows the calculation of the FY 2014 annual 
fee amount for materials users licensees. The FY 2013 values are shown 
for comparison. Note the following fee categories under Sec.  171.16 
are included in this fee class: 1.C., 1.D., 1.F., 2.B., 2.C. 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., and 17. (Individual values may 
not sum to totals due to rounding.)

     Table XVI--Annual Fee Summary Calculations for Materials Users
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2013 final     FY 2014 final
------------------------------------------------------------------------
Total budgeted resources............             $30.7             $32.8
Less estimated 10 CFR part 170                    -1.2              -0.9
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...              29.5              31.9
Allocated generic transportation....               1.5               1.3
Fee-relief adjustment/LLW surcharge.               0.2               0.2
Billing adjustments.................              -0.0              -0.3
                                     -----------------------------------
    Total required annual fee                     31.2              33.1
     recovery.......................
------------------------------------------------------------------------


[[Page 37134]]

    The total required annual fees to be recovered for materials 
licensees increase in FY 2014 mainly for oversight activities. To 
equitably and fairly allocate the $33.1 million in FY 2014 budgeted 
costs to be recovered in annual fees assessed to the approximately 
3,000 diverse materials users licensees, the NRC continues 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 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/
Inspection Priority)] + Inspection Multiplier x (Average Inspection 
Cost/Inspection Priority) + Unique Category Costs

    The constant is the multiple necessary to recover approximately 
$23.8 million in general costs (including allocated generic 
transportation costs) and is 1.59 for FY 2014. The average inspection 
cost is the average inspection hours for each fee category multiplied 
by the hourly rate of $279. The inspection priority is the interval 
between routine inspections, expressed in years. The inspection 
multiplier is the multiple necessary to recover approximately $8.8 
million in inspection costs, and is 2.4 for FY 2014. The unique 
category costs are any special costs that the NRC has budgeted for a 
specific category of licenses. For FY 2014, approximately $238,500 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 assessment of approximately $34,000 allocated 
to the materials users fee class (see Table IV, ``Allocation of Fee-
Relief Adjustment and LLW Surcharge, FY 2014,'' in Section II, 
``Discussion,'' of this document), and for certain categories of these 
licensees, a share of the approximately $319,000 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 2014 generic 
transportation budgeted resources to be recovered through annual fees. 
The FY 2013 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 2013 final     FY 2014 final
------------------------------------------------------------------------
Total budgeted resources............              $8.2              $8.0
Less estimated 10 CFR part 170                    -2.7              -3.1
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...               5.5               4.9
------------------------------------------------------------------------

    The NRC must approve any package used for shipping nuclear material 
before shipment. If the package meets NRC requirements, the NRC issues 
a Radioactive Material Package Certificate of Compliance (CoC) to the 
organization requesting approval of a package. Organizations are 
authorized to ship radioactive material in a package approved for use 
under the general licensing provisions of 10 CFR part 71, ``Packaging 
and Transportation of Radioactive Material.'' The resources associated 
with generic transportation activities are distributed to the license 
fee classes based on the number of CoCs benefitting (used by) that fee 
class, as a proxy for the generic transportation resources expended for 
each fee class.
    The total FY 2014 budgetary resources for generic transportation 
activities, including those to support DOE CoCs, are $4.9 million. The 
decrease in 10 CFR part 171 resources in FY 2014 is primarily due to 
the winding down of 10 CFR parts 71 and 72 rulemaking activities and 
increased 10 CFR part 170 billing activities. Generic transportation 
resources associated with fee-exempt entities are not included in this 
total. These costs are included in the appropriate fee-relief category 
(e.g., the fee-relief category for nonprofit educational institutions).
    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30721; May 30, 2006), the NRC will recover generic 
transportation costs unrelated to DOE as part of existing annual fees 
for license fee classes. The NRC continues to assess a separate annual 
fee under Sec.  171.16, fee category 18.A., for DOE transportation 
activities. The amount of the allocated generic resources is calculated 
by multiplying the percentage of total CoCs used by each fee class (and 
DOE) by the total generic transportation resources to be recovered.
    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 4 of 31 research and test reactors are subject to annual fees, the 
number of CoCs used to determine the proportion of generic 
transportation resources allocated to research and test reactor annual 
fees equals (4/31) x 4, or 0.5 CoCs.

[[Page 37135]]



                     Table XVIII--Distribution of Generic Transportation Resources, FY 2014
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Allocated
                                                             Number of CoCs     Percentage of        generic
                   License fee class/DOE                     benefiting fee      total CoCs      transportation
                                                              class or DOE                          resources
----------------------------------------------------------------------------------------------------------------
Total.....................................................              85.5             100.0             $4.89
DOE.......................................................              20.0              23.4              1.14
Operating Power Reactors..................................              20.0              23.4              1.14
Spent Fuel Storage/Reactor Decommissioning................              11.0              12.9              0.63
Research and Test Reactors................................               0.5               0.6              0.03
Fuel Facilities...........................................              11.0              12.9              0.63
Materials Users...........................................              23.0              26.9              1.32
----------------------------------------------------------------------------------------------------------------

    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 Table IV, ``Allocation of Fee-Relief 
Adjustment and LLW Surcharge, FY 2014,'' in Section II, ``Discussion,'' 
of this document), resulting in a total annual fee of $1,084,000 for FY 
2014. The annual fee decreases in FY 2014 are primarily due to the 
conclusion of 10 CFR parts 71 and 72 rulemaking activities and an 
increase in 10 CFR part 170 billings.
Administrative Changes
    The NRC also makes the following nine administrative changes:
    (1) Amends the Definition for ``Research Reactor'' under 10 CFR 
170.3, ``Definitions,'' to Correct Reference. A final rule was 
published in the Federal Register on August 1, 1968 (33 FR 10924), that 
added 10 CFR part 170 to the Code of Federal Regulations. The 
definitions section was contained in Sec.  170.3 and included the 
definitions for ``research reactor'' and ``testing facility.'' However, 
the definitions section also originally included paragraph designations 
of (a), (b), (c), etc. The definition for ``research reactor'' was 
paragraph (h) and referenced paragraph (m), which was the definition 
for ``testing facility.'' In a final rule published on May 23, 1990 (55 
FR 21179), the paragraph designations were removed and the definitions 
placed in alphabetical order. However, the reference contained in the 
definition for ``research reactor'' was not corrected to refer to the 
definition for ``testing facility'' and not ``paragraph (m).'' 
Therefore, the NRC amends the definition for ``research reactor'' to 
remove the reference to paragraph (m), which no longer exists. The 
final definition correctly references the definition for ``testing 
facility.''
    (2) Deletes the Language under 10 CFR 170.12, ``Payment of Fees,'' 
Regarding Deferred Application Costs, Which is Not Applicable to the 
Current Fleet of Licensees. The NRC staff recently queried the NRC's 
cost accounting system and determined current installment payment plans 
between the NRC and licensees have installment payment plan duration 
periods of up to 3 years in FY 2014, and current language regarding 
application costs deferred before August 9, 1991, is no longer 
applicable. Therefore, the NRC modifies paragraph (b)(3) and deletes 
paragraphs (b)(5), (b)(6), and (b)(7) of this section.
    (3) Amends the Language under 10 CFR 170.12, ``Payment of Fees,'' 
to Address Underpayment of Fees. The NRC modifies 10 CFR 170.12 to 
include a provision to allow for the collection of any underpayment in 
fees resulting from an error by the NRC. This provision provides 
clarity to licensees that the NRC must collect fees resulting from 
billing errors to satisfy the requirements of OBRA-90, as amended.
    (4) Modifies the Language under 10 CFR 170.31, ``Schedule of Fees 
for Materials Licenses and Other Regulatory Services, Including 
Inspections, and Import and Export Licenses,'' to Avoid Duplicate 
Billing. As currently written, the regulations in this section could 
allow licensees in certain fee categories to be charged duplicate fees 
for identical activities in similar fee categories. Therefore, the NRC 
modifies the descriptions for three fee categories in this section by 
adding footnotes for fee categories 2.B., 3.P., and 7.C. These 
footnotes provide an exemption from other fee category codes with 
identical activities associated with the license to avoid duplicate 
billing.
    (5) Adds a New Paragraph Regarding Filing Fee Exemption Requests. 
The current placement of the language identifying the time period to 
file an exemption request under 10 CFR 171.11, ``Exemptions,'' implies 
that only one exemption criterion is subject to the filing period, when 
all exemption criteria are subject to the same filing period. 
Therefore, the NRC removes the language currently under paragraph (b) 
concerning the filing period for fee exemption requests and moves it to 
a new paragraph (a) to emphasize the time period is required for all 
exemption requests filed by licensees with the NRC. Current paragraphs 
(a), (b), (c), and (d) are redesignated as paragraphs (b), (c), (d), 
and (e), respectively.
    (6) Modifies the Language under 10 CFR 171.15, ``Annual Fees: 
Reactor Licenses and Spent Fuel Storage Reactor Licenses,'' to Correct 
the Types of Non-Power Reactors. The NRC modifies the language under 
paragraphs (a) and (e) by replacing ``and'' with ``or'' to clarify that 
research reactors and test reactors are two types of non-power 
reactors.
    (7) Modifies the Language under 10 CFR 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,'' to 
Delete Footnote Reference. Removes reference to footnote 5 (which 
indicates that there is no licensee under a particular fee category) 
for fee category 1.A.(2)(a) in paragraph (d) due to an existing 
licensee that was recently moved into this fee category.
    (8) Modifies the Language under 10 CFR 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,'' to 
Avoid Duplicate Billing. As currently written, the regulations in this 
section could allow licensees in certain fee categories to be charged 
duplicate fees for identical activities in similar fee categories. 
Therefore, the NRC modifies the descriptions for three fee categories 
in this section by adding footnotes for fee categories 2.B., 3.P., and 
7.C. These footnotes provide an exemption from other fee category codes 
that have

[[Page 37136]]

identical activities associated with the license to avoid duplicate 
billing.
    (9) Amends the Language under 10 CFR 171.19, ``Payment,'' to 
Address Underpayment of Fees. The NRC modifies 10 CFR 171.19 to include 
a provision to allow for the collection of any underpayment in fees 
resulting from an error by the NRC. This provision provides clarity to 
licensees that the NRC must collect fees resulting from billing errors 
to satisfy the requirements of OBRA-90, as amended.
FY 2014 Billing
    The FY 2014 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 2014 will become effective 60 days after 
date of publication of the final rule in the Federal Register. Upon 
publication of the final rule, the NRC will send an invoice for the 
amount of the annual fees to reactor licensees, 10 CFR part 72 
licensees, major fuel cycle facilities, and other licensees with annual 
fees of $100,000 or more. For these licensees, payment is due on the 
effective date of the FY 2014 final rule. Because these licensees are 
billed quarterly, the payment amount due is the total FY 2014 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 2014 falls before the effective date of the FY 2014 
final rule will be billed for the annual fee during the anniversary 
month of the license at the FY 2013 annual fee rate. Those materials 
licensees whose license anniversary date falls on or after the 
effective date of the FY 2014 final rule will be billed for the annual 
fee at the FY 2014 annual fee rate during the anniversary month of the 
license, and payment will be due on the date of the invoice.

III. Opportunities for Public Participation

    The NRC published the FY 2014 Proposed Fee Rule in the Federal 
Register on April 14, 2014 (79 FR 21036), for a 30-day public comment 
period. The rule proposed to amend the licensing, inspection, and 
annual fees charged to the NRC's applicants and licensees in order to 
implement OBRA-90, as amended, which requires the NRC to recover 
through fees approximately 90 percent of its budget authority in FY 
2014, not including amounts appropriated for WIR, amounts appropriated 
for generic homeland security activities, and IG services for the 
DNFSB. These fees represent the cost of the NRC's services provided to 
applicants and licensees. The public comment period for the proposed 
rule closed on May 14, 2014.

IV. Public Comment Analysis

Overview of Public Comments

    The NRC received 20 comment submissions, including one duplicate 
submission, for the proposed rule. A comment submission means a 
communication or document submitted to the NRC by an individual or 
entity, with one or more distinct comments addressing a subject or an 
issue. A comment, on the other hand, refers to a statement made in the 
submission addressing a subject or issue. Seven of the comment 
submissions were received after the 30-day comment period closed, and 
the NRC has addressed all seven of the late-filed comment submissions 
as part of this final rule.
    All 20 commenters are opposed to the hourly rate increase and the 
fee increases in the FY 2014 Proposed Fee Rule. The primary concern for 
the majority of the commenters is that the FY 2014 Proposed Fee Rule 
lacked adequate justification to support an increase in fees and the 
hourly rate, denying the public an opportunity to submit meaningful 
commentary for consideration in the FY 2014 Final Fee Rule. The 
commenters are listed in Table XIX, and are classified as follows: One 
private citizen (John Public); one government agency (DOE); three 
members of the uranium industry (Kennecott Uranium Company, National 
Mining Association (NMA), and Wyoming Mining Association (WMA)); three 
utilities (Florida Power & Light Company (FPLC), PPL Susquehanna, LLC, 
and South Carolina Electric and Gas Company (SCEG-1 and SCEG-2)); one 
materials licensee (Indiana University Medical Center (IU/Medical 
Center); and nine members of the nuclear industry (Dominion Resources 
Services, Inc. (Dominion), Duke Energy (Duke), Exelon Generation, LLC 
(Exelon), FirstEnergy Nuclear Operating Company (FENOC), Luminant 
Generation Company, LLC (Luminant Power), NAC International (NAC), 
Nuclear Energy Institute (NEI), Public Service Enterprise Group 
Nuclear, LLC (PSEG), and STARS Alliance).

                           Table XIX--FY 2014 Proposed Fee Rule Commenter Submissions
----------------------------------------------------------------------------------------------------------------
            Commenter                     Affiliation               ADAMS ML              Acronym
----------------------------------------------------------------------------------------------------------------
Mack L. Richard..................  Indiana University,        ML14106A340 (1).....  IU/Medical Center.
                                    Medical Center.
John Public......................  N/A......................  ML14118A245 (2).....  Private Citizen.
Michael Pacilio..................  President and Chief        ML14132A374 (3).....  Exelon.
                                    Nuclear Officer, Exelon
                                    Generation Company, LLC.
Anthony R. Pietrangelo...........  Senior Vice President and  ML14133A245 (4).....  NEI.
                                    Chief Nuclear Officer,
                                    Nuclear Generation,
                                    Nuclear Energy Institute.
Travis Deti......................  Assistant Director,        ML14133A694 (5).....  WMA.
                                    Wyoming Mining
                                    Association.
James M. Petro, Jr...............  Nuclear Licensing and      ML14134A467 (6).....  FPLC.
                                    Regulatory Compliance
                                    Director, Florida Power
                                    & Light Company.
Gregory H. Hanlon................  FENOC Director, Fleet      ML14134A519 (7).....  FENOC.
                                    Regulatory Affairs,
                                    FirstEnergy Nuclear
                                    Operating Company.
Jon A. Franke....................  Site Vice President, PPL   ML14134A529 (8).....  PPL Susquehanna.
                                    Susquehanna, LLC.
Alfred M. Paglia.................  Manager, Nuclear           ML14134A582 (9).....  SCEG-1.
                                    Licensing, New Nuclear
                                    Deployment, South
                                    Carolina Electric and
                                    Gas Company.
Oscar Paulson....................  Facility Supervisor,       ML14134A601 (10)....  Kennecott Uranium
                                    Kennecott Uranium                                         Company.
                                    Company.
Travis Deti......................  Assistant Director,        ML14135A328 (11)....  WMA.
                                    Wyoming Mining
                                    Association.
Thomas D. Gatlin.................  Vice President, Nuclear    ML14135A332 (12)....  SCEG-2.
                                    Operations, South
                                    Carolina Electric and
                                    Gas Company.
Robert Braun.....................  Senior Vice President and  ML14135A336 (13)....  PSEG.
                                    Chief Operating Officer,
                                    PSEG Nuclear LLC.
Katie Sweeney....................  National Mining            ML14135A344 (14)....  NMA.
                                    Association.
Scott A. Bauer...................  Regulatory Affairs         ML14135A354 (15)....  STARS Alliance,
                                    Functional Area Manager,                                  LLC.
                                    STARS Alliance LLC.

[[Page 37137]]

 
Thomas R. Huber..................  Director, Nuclear          ML14135A547 (16)....  Dominion.
                                    Licensing and Operations
                                    Support, Dominion
                                    Resources Services, Inc.
Tony L. Patko....................  Director, Licensing, NAC   ML14136A318 (17)....  NAC.
                                    International, Inc.
Thomas C. Pauling................  Director, Office of Site   ML14148A454 (18)....  DOE.
                                    Operations, Office of
                                    Legacy Management, U.S.
                                    Department of Energy.
Benjamin C. Waldrep..............  Duke Energy..............  ML14148A469 (19)....  Duke.
Fred W. Madden...................  Director, External         ML14160B112 (20)....  Luminant Power.
                                    Affairs, Luminant
                                    Generation Company LLC
                                    (Luminant Power).
----------------------------------------------------------------------------------------------------------------

Information about obtaining the comment submissions is available in 
Section XV, ``Availability of Documents,'' of this document.

 Public Comments and Overall NRC Responses

    The NRC has carefully considered the public comments received. The 
comments have been organized by topic followed by the NRC response.
A. Inadequate Explanation and Transparency
1. Uranium Recovery
    Comment: The FY 2014 Proposed Fee Rule does not provide any details 
regarding how the FY 2014 rebaselining effort resulted in a 21 percent 
increase in the annual fees for uranium recovery licensees. (WMA)
    Response: The NRC disagrees with the comment. The NRC established 
the rebaselined methodology for calculating annual fees through public 
notice and comment rulemaking in the FY 1999 fee rule (64 FR 31448; 
June 10, 1999), determining that base annual fees will be re-
established (i.e., rebaselined) at every third year, and more 
frequently, if there is a substantial change in the total NRC budget or 
in the magnitude of the budget allocated to a specific class of 
licenses. The NRC staff allocates the total budget resources for 
uranium recovery facilities to individual uranium recovery fee 
categories in accordance with the effort/benefit fee determination 
matrix developed for the FY 1995 final fee rule (60 FR 32217; June 20, 
1995). The NRC uses this matrix to determine the level of effort 
associated with conducting the generic regulatory actions for the 
different (non-DOE) licensees in the uranium recovery fee class.
    The FY 2014 Proposed Fee Rule described the methodology used by the 
NRC staff to determine the annual fees for uranium recovery facilities. 
In addition, Tables IX through XII of the proposed rule show the 
application of the NRC's rebaselining methodology. The supporting work 
papers for the fee calculations are publicly available and were 
referenced in the proposed rule. The work papers provided detail on the 
FTE and contract resources for each product activity that were 
allocated to uranium recovery fee class. The work papers also provided 
information on all the values of the effort/benefit factors used in the 
uranium recovery matrix for FY 2014. No change was made to the final 
rule in response to this comment.
2. Operating Reactor Fees
    Comment: The increase in hourly rates charged under 10 CFR part 170 
to $279 is not adequately explained and does not appear justified. The 
increase is due primarily to a higher overall budget in combination 
with a decrease in the number of mission-direct FTEs. The commenter 
believes this increase is unjustified and that hourly fees should be 
held constant at the FY 2013 level of $272 through a combination of 
process efficiencies, an increase in mission-direct FTE, and meaningful 
prioritization and closure of regulatory matters. (NEI)
    Response: The NRC disagrees with the comment that the basis for the 
hourly rate is not adequately explained and that the hourly rate should 
remain constant at $272. The NRC discussed the process for calculating 
the hourly rate in the proposed rule's Hourly Rate section, and the 
process is also summarized in this final rule. The 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 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. For 
FY 2014, the NRC is unable to the keep the hourly rate constant because 
most of the components used to calculate the hourly rate are dependent 
on the NRC's FY 2014 appropriation. Because the NRC's FY 2014 
appropriation increased from FY 2013, the allocation of our budgetary 
resources through the various NRC programs also changed in FY 2014; 
therefore, this change is reflected in the components used to calculate 
the hourly rate, and results in an increase in the hourly rate from 
$272 to $279. No change was made to the final rule in response to this 
comment.
    Comment: The 21.4 percent operating reactor increase in fees from 
FY 2013 to FY 2014 is not warranted and places an unacceptable burden 
upon electric customers who then have to pay higher electricity rates. 
The NRC should be restricted to increases that do not exceed cost of 
living increases and be required to make cost reductions as needed to 
balance their books. (John Public)
    Response: The operating reactor fee increase is warranted because 
the NRC's fees are based on its annual appropriations. The NRC's budget 
authority for FY 2014 is $1,055.9 million, an increase of $70.3 million 
from FY 2013. The OBRA-90 (codified at 42 U.S.C. 2214), as amended, 
requires the NRC to collect an amount that approximates 90 percent of 
its budget authority through annual fees. For FY 2014, the operating 
reactor annual fee increase is due to increases from the previous 
year's budget, reductions in the estimated amount of 10 CFR part 170 
billings, and a decrease in the number of operating reactors. The 10 
CFR part 170 estimated billings are reduced due to a decline in current 
year licensing actions and delays in five major applications for design 
certification and combined operating licenses. Because of the shutdown 
of the SONGS, Units 2 and 3, power reactors in FY 2013, the operating 
reactors budget must be spread amongst fewer operating reactors, 
thereby increasing the share of the annual fee per operating reactor. 
Further in FY 2013, there was a one-time, prior-period collection 
resulting in an increase of $20.9 million in collections of fees for 
services (10 CFR part 170), which resulted in a one-time reduction in 
annual fees. Approximately 21 percent of the increase in annual fees 
between FY 2013 and FY 2014 is due to that one-time adjustment.

[[Page 37138]]

    Finally, the NRC cannot restrict license fee increases to the cost 
of living increases as measured by the Consumer Price Index or any 
other price index because OBRA-90, as amended, requires the NRC to 
collect an amount that approximates 90 percent of its budget authority 
in the fiscal year. No change was made to the final rule in response to 
this comment.
    Comment: The proposed fee rule and work papers do not provide 
sufficient detail on how the 10 CFR parts 170 and 171 operating reactor 
fee estimates were calculated, denying the public meaningful 
opportunity to comment and rendering the proposed fee rule arbitrary 
and capricious. Neither the proposed rule nor the work papers provide 
any information showing the specific costs that are being recovered 
through annual fees. The work papers merely list all items comprising 
the entire NRC budgeted resources for new reactors, operating reactors, 
and unexplained materials licensing activities and derive the annual 
fee by subtracting the portion of estimated 10 CFR part 170 collections 
attributed to entities paying user fees ($280.5 million).
    As a consequence, it is impossible to determine which of the 
specific line items are being recovered through user fees and which are 
being recovered under annual fees. The descriptions of the line items 
are very vague, preventing one from determining whether they are 
generic, and potentially appropriate for recovery under 10 CFR part 
171, or attributable to a service provided to an identifiable 
beneficiary, and therefore, appropriate for recovery under 10 CFR part 
170. (Exelon)
    Response: The NRC disagrees with the comment that the work papers 
are too vague. Consistent with prior years, license fees are based on 
the NRC's budget formulation structure hierarchy of business lines, 
product lines, and products. The NRC provides those business lines, 
product lines, and products in its work papers. Detailed information 
below the product level (e.g. cost centers) is determined when the 
budget is executed. The work papers do not distinguish by specific 
budget line items which fees are recovered through user and annual fees 
because it is impractical for the NRC to determine in advance what 
precise percent of a given business line will be recovered through 10 
CFR part 170 user fees versus 10 CFR part 171 annual fees. No change 
was made to the final rule in response to this comment; however, the 
NRC is open to input for improving transparency in the FY 2015 fee rule 
package.
    Comment: The FY 2014 Proposed Fee Rule does not provide a 
description of the specific work that the NRC FTEs will complete during 
the 1375 hours allotted, only that the NRC will bill licensees that 
amount of hours to meet the budget. The NRC should provide an estimate 
of the specific work that will be completed and assessed under 10 CFR 
parts 170 and 171 for each licensee. (Kennecott Uranium Company)
    Response: The NRC disagrees with the comment. The NRC presumes that 
``specific work'' means a detailed description or an itemization of the 
work to be performed by NRC FTEs during the allotted 1375 hours of the 
fiscal year. Neither the applicable regulations in 10 CFR parts 170 and 
171 nor the Administrative Procedure Act require that level of detail 
for the proposed fee rule. Such a detailed or itemized description is 
not cost-effective, and it would not result in a reduction of fees. 
Further, with respect to 10 CFR part 170 fees, licensing and inspection 
actions may be difficult to prioritize in advance and the amount of 
time spent on any particular licensing or inspection action may vary 
considerably, depending on the novelty and complexity of the license 
application under review or the facility being inspected. Similarly, 
with respect to 10 CFR part 171 annual fees, the nature of the generic 
research, safety, environmental, or safeguards activities that apply to 
materials licenses, may also vary considerably, given changes in 
Commission priorities, external events, interactions with Agreement 
States, other Federal agencies, state, local and tribal governments, 
the regulated industry, and members of the public. No change was made 
to the final rule in response to this comment.
    Comment: The proposed rule and the work papers do not state how the 
estimated $324.5 million in 10 CFR part 170 costs are calculated for 
licensees. (Exelon)
    Response: The NRC estimates the amount of 10 CFR part 170 fees 
based on established fee methodology guidelines (42 FR 22149; May 2, 
1977), which specified that the NRC has the authority to recover the 
full cost of providing services to identifiable beneficiaries. As in 
previous years, the NRC applied longstanding principles to calculate 
the 10 CFR part 170 estimates based on the analysis of financial data. 
The data analyzed included: (1) Four quarters of the most recent 
billing data (hourly rate invoice data); (2) actual contractual work 
charged (prior period data) to develop contract work estimates; and (3) 
the number of FTE hours charged, multiplied by the NRC professional 
hourly rate. These factors, along with work load projections, are used 
by the NRC to determine the 10 CFR part 170 estimated charges. Because 
the fee calculation worksheets used to develop the 10 CFR part 170 
estimates involve thousands of calculations, it would be impractical 
for the NRC to provide details on every calculation, let alone 
explanations for every calculation such that each individual 
calculation became accessible and understandable to members of the 
public. No change was made to the final rule in response to this 
comment.
    Comment: The work papers allocate to operating reactors certain 
budgeted resources for the business lines pertaining to fuel 
facilities, nuclear materials users, and decommissioning and low-level 
waste. There is no explanation of how these activities apply to 
operating reactors. The line items under these business lines with 
amounts allocated to operating reactors relate predominantly to 
training. If there are not direct program support activities allocable 
to operating reactors under these business lines, it is unclear how 
there can be training costs allocable to reactors. (NEI)
    Response: Although the work papers provide adequate detail for the 
purpose of the fees, the NRC will explore opportunities to provide 
greater transparency for our stakeholders and licensees. The costs 
described under the fuel facilities, nuclear materials users, and 
decommissioning and low-level waste categories are for things such as 
(but not limited to) generic low-level waste disposal, dosimeter, and 
high-level/spent fuel disposal costs.
    Comment: The work papers allocate to operating reactors over $10 
million for SFST. As there is no meaningful description, one cannot 
determine whether the allocated costs are attributable solely to the 
Waste Confidence rulemaking or include other activities as well. The 
$10 million is in addition to the $27.5 million for spent fuel storage 
and decommissioning activities recovered through an annual fee on power 
reactors and 10 CFR part 72 licensees that do not hold a 10 CFR part 50 
license. The NRC should inform the operating reactors whether the SFST 
costs assessed to operating reactors includes activities pertaining to 
spent fuel disposal activities listed in the FY 2014 CBJ. These costs 
should be counted separately or be an offset from the carry-over 
appropriation relating to the review of Yucca Mountain license 
application or recovered through user fees assessed to DOE or the NWF. 
The NRC should also provide a detailed

[[Page 37139]]

breakdown of the annual fee for SFST costs by specifying any amounts 
that are attributable to spent fuel disposal activities for long-term 
storage attributable to the DOE's failure to meet its contractual 
obligations. Any activities relating to DOE's obligations under the 
Nuclear Waste Policy Act should either be offset by the carry-over 
appropriation from the NWF or recovered from DOE through a user fee. 
(Exelon)
    Response: A small portion of the operating reactors' fees include 
SFST business line activities pertaining to analysis, data collection, 
modeling future alternate strategies for disposal of spent fuel and 
high-level waste, and monitoring national-level developments stemming 
from the report of the Blue Ribbon Commission on America's Nuclear 
Future and DOE's response to that report. Beginning in FY 2011, the NRC 
began budgeting for potential alternatives for the ultimate geological 
disposal of spent nuclear fuel, which was driven by the recognition of 
DOE's intent not to pursue the proposed repository at Yucca Mountain. 
At that time, the NRC determined that it was appropriate to include 
these SFST resources in the power reactors fee class because power 
reactors ultimately benefit from disposal of spent nuclear fuel. The 
user fees assessed to DOE are specifically for DOE's transportation and 
uranium recovery activities, and are not related to the ultimate 
disposal of spent nuclear fuel. Further, it is neither feasible nor 
appropriate for the NRC to parse out fees for activities that might be 
attributable to DOE's contractual obligations with respect to spent 
fuel versus those fees that would have been borne by licensees even if 
DOE had performed. Finally, with respect to offsetting fees from the 
carryover appropriations relating to the review of the Yucca Mountain 
license application or recovering costs through user fees assessed to 
the NWF, the NRC disagrees with the comment. Funds appropriated from 
the NWF may only be used for activities prescribed in Section 302(d) of 
the Nuclear Waste Policy Act, which includes licensing activities 
associated with the Yucca Mountain high-level waste repository. That 
section covers neither the NRC's work on future alternative strategies 
for disposal of high-level waste, nor monitoring national-level 
developments stemming from the report of the Blue Ribbon Commission. 
Therefore, these activities are not chargeable to NWF appropriations. 
No change was made to the final rule in response to this comment.
B. Fairness of Fees
    Comment: The increase in operating power reactor fees is 
significant and problematic, particularly since it is being noticed 
well after licensee budgets for the year have been established. The 
problem is compounded due to the fact that the FY 2014 Proposed Fee 
Rule is being issued one month later than the historical practice, and 
the fourth quarter billing adjustment will impose an increase of $1 
million per reactor than in previous quarters. (NEI)
    Response: The NRC recognizes that the increase in fees will have a 
significant impact on licensee budgets. However, the NRC cannot 
schedule its assessment of generic activities to coincide with licensee 
budget planning. The OBRA-90 requires that the NRC collect an amount 
that approximates 90 percent of its budget authority through fees by 
the end of the fiscal year, and the NRC must set its fees in accordance 
with its own budget. The budget is established by Congress on a 
schedule that the NRC does not control. No change was made to the final 
rule in response to this comment.
    Comment: The proposed fee rule fails to subtract from the NRC 
budget the cost of activities that are covered by appropriations and 
carry-over appropriations from the NWF. (Exelon)
    Response: The NRC disagrees with the comment. The NRC's FY 2014 
activities related to review of the Yucca Mountain high-level waste 
repository are being charged to the carryover balance of the NRC's NWF 
appropriations from prior years and will not be billed to licensees. 
The OBRA-90, as amended, specifies that the NRC must deduct from the 
annual charges collected from all licensees any ``amounts appropriated 
to the Commission from the Nuclear Waste Fund for the fiscal year.'' 42 
U.S.C. 2214(c)(2)(A)(ii) (emphasis added). But in FY 2014, the NRC did 
not receive any new appropriations from the NWF. Therefore, there was 
no NWF amount to subtract from the budget in calculating FY 2014 annual 
fees; all the carryover money that the NRC is using in FY 2014 was 
already deducted during the years in which it was appropriated. No 
change was made to the final rule in response to this comment.
    Comment: The proposed fee rule fails to recover user fees from 
every person who receives a service or thing of value the full cost of 
such service or thing of value. Of the $930 million that the Commission 
must recover through fees, only $324.5 million is estimated to be 
recovered through 10 CFR part 170 user fees. This could be correct only 
if approximately two-thirds of the NRC's budget does not benefit any 
identifiable entity, which is presumed not the case. As an example, 
user fees do not appear to be imposed for vendor inspections despite 
the fact that vendors are identifiable persons receiving the benefit of 
NRC inspections to establish their qualifications to provide safety-
related services. Also, the costs for advanced reactor research should 
be recovered through user fees charged to applicants or pre-applicants. 
(Exelon)
    Response: Initially, the NRC notes that the comment is outside of 
the scope of the proposed fee rule. As proposed, the rule would simply 
amend the licensing, inspection, and annual fees charged to the 
applicants and licensees currently subject to the NRC's fee rules for 
FY 2014. The NRC does not charge nuclear industry vendors user fees. 
Establishing vendors as a new recipient of user fees would require the 
NRC to revise its existing 10 CFR part 171 regulations. The NRC process 
for initiating a rulemaking to consider such a change is included under 
10 CFR 2.802, ``Petition for Rulemaking.''
    That being said, the NRC notes that NRC licensees are ultimately 
responsible for ensuring the acceptability of the items and services 
they receive from vendors. The NRC's vendor inspections are intended to 
provide an additional level of safety, not to relieve the applicant or 
licensee of its responsibility for providing vendor oversight. As for 
the costs associated with advanced reactor research, these are, by 
their nature, generic costs that the NRC cannot charge to a specific 
applicant or pre-applicant. No changes will be made to the final rule 
as a result of this comment.
    Comment: The NRC should consider imposing an annual fee for 
activities on holders of design certifications, design approvals and 
manufacturing licenses, licensees that hold or have active applications 
for combined licenses, and holders of active construction permits. 
Because OBRA-90 authorizes annual charges collected from ``licensees 
and certificate holders'' under 42 U.S.C. 2214(c), the NRC should 
define a new reactor licensee for the purpose of the fee rule to 
include holders of design certifications, design approvals or any other 
approvals. This would impose new reactor costs on those entities that 
have the closest relationship to the regulatory services being provided 
and would be the most fair and equitable allocation. Many operating 
reactor licenses are not pursuing any new reactor licensing 
applications; therefore, the NRC is not fairly allocating fees to the 
new reactor applicants that directly benefit from NRC new reactor 
activities

[[Page 37140]]

as required by OBRA-90. If the NRC is unable to recover the full amount 
of its new reactor costs through user fees, then the NRC should define 
a new, more focused class of licensees that should be assessed the 
annual fee needed to collect the remainder of these fees. (Exelon)
    Response: Initially, the NRC notes that the comment is outside of 
the scope of the proposed fee rule. As proposed, the rule would simply 
amend the licensing, inspection, and annual fees charged to the 
applicants and licensees currently subject to the NRC's fee rules for 
FY 2014. Establishing a new class to capture new reactor activities 
would require the NRC to completely overhaul its existing 10 CFR part 
171 regulations. The NRC process for initiating a rulemaking to 
consider such a change is included under 10 CFR 2.802, ``Petition for 
Rulemaking.''
    That being said, the NRC disagrees with the comment that the 
proposed FY 2014 fee rule violates OBRA-90. To the extent that the 
NRC's reactor safety work directly benefits a licensee or applicant, 
then the NRC assesses 10 CFR part 170 user fees upon that licensee or 
applicant. As a result, existing operating reactor licensees are not 
paying any fees for new reactor work that directly benefits an entity 
engaged in new reactor activities. As for the portion of the new 
reactor work that is not collected through 10 CFR part 170 user fees, 
OBRA-90, as amended, requires that the NRC allocate those costs of this 
work fairly and equitably. Because the NRC's generic new reactor work 
yields indirect benefits for existing operating reactor licensees, the 
NRC's current system of allocating all operating reactor costs to 
existing licensees satisfies OBRA-90's requirements.
    The NRC generic work prompted by new reactor applications benefits 
operating reactor licensees in several ways. First, regulations and 
guidance that are on their face directed at future nuclear power plants 
reactors may also benefit existing reactor licensees. For example, if 
an existing licensee sought to obtain NRC approval for a design change 
to a safety significant structure at an operating plant, then the NRC 
may use guidance that was developed for new reactor applications to 
analyze the design change. As a specific example, the regulatory 
guidance developed to support the review of seismic and flooding issues 
for new reactors has informed the review of Fukushima NTTF 
Recommendation 2.1 for current operating plants. This is just one 
example of how the distinction between new reactor work and operating 
reactor work is less rigid than the comment implies.
    Second, entities holding licenses for currently operating reactors 
may also be, either now or in the future, applicants for new nuclear 
power plant licenses. Given the evolving nature of the new reactor 
landscape, the NRC concludes that there is no practicable or reliable 
method to determine which existing NRC licensees will develop an 
interest in future reactor activities.
    Third, all power plant licensees indirectly benefit from rulemaking 
or other generic activities that enhance and develop the new reactor 
licensing framework because these generic activities help to establish 
and maintain the regulatory infrastructure at the NRC. This provides 
existing nuclear reactor licensees with regulatory predictability that 
is useful for business planning purposes. Along those lines, the NRC 
performs generic activities related to license renewal. These costs are 
spread among all holders of power reactor operating licenses without 
regard to whether the operating license holder intends to seek renewal. 
This is because a stable and efficient regulatory regime for license 
renewal indirectly benefits all existing power plants even if an 
existing power reactor has no immediate plans to seek license renewal. 
The same is true for new reactor licensing.
    Ultimately, identification of fee classes is a matter of drawing 
practical distinctions. By virtue of being a generic activity without a 
specific, concrete beneficiary, all the activities that fall in the 10 
CFR part 171 annual fee category could be theoretically parsed into an 
almost infinite amount of fee classes. For example, if the NRC were to 
base fees on distinctions such as whether generic work benefited 
boiling-water reactors versus pressurized-water reactors or coastal 
versus inland reactors, the exercise would result in distinctions that 
are both artificial and unduly burdensome from an administrative and 
recordkeeping standpoint. Therefore, the NRC's decision to draw the fee 
class line in such a way that encompasses generic new reactor work 
satisfies OBRA-90's requirement that costs be allocated fairly and 
that, ``[t]o the maximum extent practicable, the charges shall have a 
reasonable relationship to the cost of providing regulatory services.'' 
No change was made to the final rule in response to this comment.
    Comment: The annual fee for operating reactors should not be 
assessed solely on the 100 current operating licensees licensed under 
10 CFR part 50, but should also include holders of combined licenses 
(COLs) under 10 CFR part 52. The NRC generic activities for operating 
reactors, such as Fukushima NTTF activities, benefit 10 CFR part 52 
combined license holders as much as 10 CFR part 50 operating licensees. 
Assigning costs only to 10 CFR part 50 operating licenses is 
inequitable, particularly because the current COL holders are far 
better positioned to recover these costs than many current operating 
licensees because they remain electric utilities able to recover costs 
through rates and regulatory costs during construction are largely 
capitalized. (Exelon)
    Response: Initially, the NRC notes that the comment is outside of 
the scope of the proposed fee rule. As proposed, the rule would simply 
amend the licensing, inspection, and annual fees charged to the 
applicants and licensees currently subject to the NRC's fee rules for 
FY 2014. Enlarging the annual fee class for operating reactors to 
include COL holders would require the NRC to completely overhaul its 
existing 10 CFR part 171 regulations. The NRC process for initiating a 
rulemaking to consider such a change is included under 10 CFR 2.802, 
``Petition for Rulemaking.''
    That being said, the NRC disagrees with the proposed 
recommendation. Historically, plants licensed under 10 CFR part 50 did 
not enter into the fee class of operating plants until permission was 
granted by the NRC to load fuel and begin power operation. Although 
combined license holders under 10 CFR part 52 do hold an operating 
license, they do not approach a comparable status to plants licensed 
under 10 CFR part 50 until the Commission determines that the 
inspections, tests, analyses, and acceptance criteria are satisfied (10 
CFR 52.103(g) finding) and all operational programs are functional and 
program compliance with regulations demonstrated. Therefore, the NRC 
believes that fairness concerns dictate that the NRC should not charge 
COL holders the same fees as operating plants during their construction 
and pre-operation phases. No change was made to the final rule in 
response to this comment.
C. Other Issues
    Comment: Fukushima NTTF Tier 1 and Tier 2 actions transition from 
generic activities (10 CFR part 171) to site specific activities (10 
CFR part 170), and as Fukushima-related rulemakings are finalized, the 
NRC should restore greater balance in the distribution of fee-for-
service and annual fee costs. (NEI)
    Response: The NRC learned many lessons from Fukushima, some of 
which were immediately implemented at sites

[[Page 37141]]

through orders and requests for information, and some of which required 
further policy development and technical study (rulemakings, spent fuel 
pool impacts). As the NRC completes generic regulatory actions (e.g., 
rulemakings) which resulted from the Fukushima NTTF report, the costs 
related to those actions will decline. And as the affected licensees 
and certificate holders implement the regulatory actions, follow-on 
activities will likely result in site-specific action on the part of 
the NRC. This shift in activities will likely cause an increase in fees 
for site specific activities (10 CFR part 170) the costs related to 
site-specific actions to increase for that workload. These changes in 
costs can be reflected in the fee basis. However, many generic 
regulatory actions that resulted from the Fukushima NTTF report are 
still in progress and the current cost distribution reflects that 
workload. No change was made to the final rule in response to this 
comment.
    Comment: One commenter stated that the FY 2014 proposed increase in 
annual fees and hourly rates for operating reactors will result in 
unplanned regulatory expenses approaching $4,000,000 and may impact 
already planned activities, and could result in the deferral of planned 
improvements enhancing safety. (FENOC)
    Response: The NRC recognizes that the increase in fees will have a 
significant impact on licensee budgets. However, the NRC cannot 
schedule its rulemaking process to coincide with licensee budget 
planning. The NRC expects licensees to comply with all safety 
requirements, notwithstanding fluctuations in revenues and expenses. No 
change was made to the final rule in response to this comment.
    Comment: The NRC should provide relief if licensees elect to 
combine licenses under fee categories 7.A. and 7.B., since there would 
be an administrative cost savings to the NRC and institutions. The NRC 
should maintain the annual fee for category 7.B., as it is the broad 
medical license which drives most of the radiation safety program 
(e.g., administrative processes, approval of authorized users, review 
of incidents, etc.), and reduce the annual fee for fee category 7.A. by 
at least 50 percent. This would provide an incentive to combine 
licenses. (IU/Medical Center)
    Response: The NRC computes the material licenses fee categories, 
which includes fee categories 7.A. and 7.B, based on 10 CFR part 170 
application fees and estimated inspection costs for each fee category. 
The NRC believes that the current fee category descriptions and annual 
fees associated with these fee categories accurately reflect the NRC's 
cost of providing generic activities and other regulatory costs to the 
licensees. For example, licensees that fall into the 7.A. fee category 
have unique regulatory requirements over and above the requirements of 
7.B. licensees. Fee category 7.A. licensees require additional 
licensing and inspection actions and guidance documents that are 
specific to the large sources they are authorized to possess.
D. Department of Energy Comments
    Comment: The basis for the NRC's determination of generic/other 
uranium recovery costs and other line items affecting the DOE annual 
fee amount, including the specific regulatory actions and activities 
that account for the fees, is not provided. Considering the NRC 
proposes to collect 70 percent of the uranium recovery licensee fees 
from DOE, the NRC has not demonstrated that more than half of the 
uranium recovery license support scope is the direct result of DOE 
oversight, particularly since DOE is invoiced separately for site-
specific document reviews. The DOE is aware of significant uranium 
recovery license activity involving specific licensees while the pace 
of Title II site transitions to DOE-Legacy Management has slowed as the 
NRC evaluates groundwater remedies at former mill sites that are 
regulated under specific licenses. Greater detail in the work papers is 
warranted to justify this allocation. (DOE)
    Response: The NRC described the overall methodology for determining 
fees for uranium recovery facilities, including DOE, in the 2002 fee 
rule (67 FR 42612; June 24, 2002). The NRC recovers fees from DOE 
through both user fees charged under 10 CFR part 170 for specific 
UMTRCA oversight activities and annual fees charged under 10 CFR part 
171 for generic and other costs related to UMTRCA and other uranium 
recovery activities. As shown in the work papers referenced in the 
proposed FY 2014 rule, the NRC calculated the total amount of budgeted 
resources for UMTRCA activities related to DOE sites in the FY 2014 
appropriation by computing the cost of staff hours budgeted to conduct 
the work (in terms of full-time equivalent, or FTE) and the budgeted 
contract costs. The total amount of budgeted resources was reduced by 
the amount expected to be recovered by direct fees for site-specific 
UMTRCA activities. The NRC estimated the amount of direct fees by 
analyzing billing data and the actual contractual work charged to DOE 
for the previous four quarters. The estimate, therefore, reflects any 
recent reductions in NRC oversight activities. The remainder of the 
UMTRCA budgeted amount related to DOE sites was charged to DOE for 
generic activities. In addition to those generic costs, DOE was charged 
for 10 percent of the overall generic costs attributable to the uranium 
recovery program. The remaining 90 percent of the overall generic costs 
was charged to other members of the uranium recovery class. Therefore, 
DOE is not paying a disproportionate amount for NRC costs for generic 
regulatory efforts.
    The NRC performs several types of activities in its oversight of 
UMTRCA sites that have been transferred to DOE for long-term 
surveillance and maintenance. The NRC staff reviews the reports 
generated by DOE, including routine ground water monitoring reports, 
annual site remediation performance reports, annual inspection reports 
and other technical reports generated by DOE. The NRC staff also 
reviews and provides comments on non-routine reports such as the 
reports developed by DOE concerning Many Devils Wash at the Shiprock 
site and the Phytoremediation Pilot Study at the Monument Valley site. 
In addition, if DOE proposes to revise a ground water corrective action 
plan or remediation plan at a site, the NRC staff would review and 
concur on the revised plan. The NRC staff also performs observational 
site visits at UMTRCA sites to observe the DOE, and DOE contractors, 
performing the annual inspections of the UMTRCA sites required by the 
site long-term surveillance plan. Other significant staff actions 
include participating in the activities related to the development and 
implementation of the 5-year plan to address uranium contamination on 
the Navajo Nation. No change was made to the final rule in response to 
this comment.
    Comment: The NRC should explain why the work paper line item 
includes $36,000 in contract dollars since this line item has been a 
non-zero cost item since 2007. (DOE)
    Response: The NRC agrees with this comment, and provided the 
analysis of the DOE pilot study to DOE staff on April 28, 2014. The 
$36,000 was to support a contract with the Center for Nuclear Waste 
Regulatory Analysis for the review of the DOE report, ``Monitored 
Natural and Enhanced Attenuation of the Alluvial Aquifer and Subpile 
Soils at the Monument Valley, Arizona Site: Final Pilot Study Report,'' 
dated April 2013. No change was made

[[Page 37142]]

to the final rule in response to this comment.
    Comment: The hourly rate increased by 2.6 percent from FY 2013 to 
FY 2014, in contrast to long-term surveillance charges, which assumes a 
discount rate of 1 percent annually. The funds collected for long-term 
surveillance at any given site will be exhausted if the cost of 
inflation outpaces the discount rate, after which long-term 
surveillance and maintenance costs will be borne by the tax payer. 
(DOE)
    Response: The hourly fee established for this rule is used to 
assess fees is applicable to all NRC activities for which fees are 
charged. The long-term surveillance charges referred to by the 
commenter are paid by mill operators into the general treasury of the 
United States or an appropriate State agency to cover costs of long-
term surveillance after termination of the mill license. The NRC 
regulations in appendix A to 10 CFR part 40, criterion X, state that 
the total charge must be such that, with an assumed 1 percent annual 
real interest rate, the collected funds will yield interest in an 
amount sufficient to cover annual surveillance costs. Long-term 
surveillance is an activity that is carried out by DOE, but not the 
NRC. The matter of whether surveillance charges will be sufficient to 
cover DOE's surveillance costs is, therefore, not within the scope of 
the NRC's fee rule. The DOE is free to file a rulemaking petition to 
request a change in criterion X if the current provisions are 
insufficient to ensure that sufficient funds are collected to cover 
surveillance costs in the long term.
    Comment: The proposed rule should indicate if the DOE annual fee 
includes oversight for the Moab UMTRCA Title I site, where the disposal 
cell is currently under construction. (DOE)
    Response: The NRC disagrees that the rule should state whether the 
DOE annual fee includes oversight for the Moab UMTRCA Title I site. The 
NRC calculates the total annual fee for DOE, but leaves the 
responsibility of distributing the annual fee to specific sites to DOE 
as it deems appropriate. No change was made to the final rule in 
response to this comment.
E. Process Efficiencies
    Comment: Many commenters from the nuclear industry, mining and 
uranium recovery industry commented about improving resource 
utilization and streamlining regulatory processes such as NUREG-1910, 
``Generic Environmental Impact Statement for In-Situ Leach Uranium 
Milling Facilities,'' performance-based licensing for uranium recovery 
licensees and Section 106 consultation process, etc.
    Response: Initially, the NRC notes that these comments are outside 
of the scope of the proposed fee rule. As proposed, the rule would 
simply amend the licensing, inspection, and annual fees charged to the 
applicants and licensees currently subject to the NRC's fee rules for 
FY 2014. In any event, the NRC takes process efficiencies seriously and 
the NRC will continue to examine ways to utilize its resources more 
efficiently and streamline licensing processes for licensees and 
applicants. The NRC is open to input from industry and would be 
willingly to discuss areas for process improvement in a publicly 
noticed meeting at the request of the industry.
F. Out of Scope Comments
    Comments: The NRC should implement a number of recommendations to 
improve the efficiency of NRC operations and the effect of perceived 
inefficiencies on the fees the NRC charges. Recommendations include: 
Favoring and enhancing risk-informed, performance-based licensing and 
regulatory approaches; increasing the efficiency of certain 
environmental reviews; adhering to existing Commission-approved 
guidance while working to prepare new guidance with the aid of 
stakeholder input; certifying standardized designs for uranium recovery 
facilities to streamline the application and review process; developing 
guidance, after an opportunity for public comment, regarding the 
consultation process under Section 106 of the National Historic 
Preservation Act; shifting experienced NRC staff personnel from the 
Office of New Reactors to the Office of Nuclear Reactor Regulation; and 
increasing the agency's focus on resource management, workload 
prioritization, and issue closure to promote timely NRC reviews of 
licensing actions and to improve management of the agency's generic 
activities, such as rulemakings. Some commenters also raised the 
concern that the higher the NRC's fees, the greater the financial 
burden on those required to pay them.
    Response: These comments are out of the scope of this rulemaking. 
The primary purpose of the NRC's annual fee recovery rulemaking is to 
update the NRC's fee schedules to account for the appropriations the 
NRC received for the current fiscal year, and to make other necessary 
corrections or appropriate changes to specific aspects of the NRC's fee 
regulations. Procedurally, by the time the NRC is developing its fee 
recovery rule, Congress has set the NRC's appropriation and, thus, the 
amount the NRC must collect in fees. This situation leaves little to no 
room for the NRC to make substantial operational or regulatory changes 
during the development of the fee recovery rule that could meaningfully 
impact the fees that the rulemaking is addressing. Consequently, making 
changes to the way the NRC operates as an agency, manages its 
personnel, or conducts regulatory activities is, therefore, not within 
the scope of this rulemaking.
    With that said, the NRC takes very seriously the importance of 
examining and improving the efficiency of its operations and the 
prioritization of its regulatory activities. Recognizing the importance 
of continuous reexamination and improvement of the way the agency does 
business, the NRC has undertaken, and continues to undertake, a number 
of significant initiatives aimed at improving the efficiency of NRC 
operations and enhancing the agency's approach to regulating. Though 
comments addressing these issues may not be within the scope of this 
fee rulemaking, the NRC takes input of this type very seriously and 
will consider these comments in our program operations.

V. Section-by-Section Analysis

    The following paragraphs describe the specific amendments for this 
final rule.

10 CFR 170.3, Definitions

    The NRC amends the definition of ``research reactor'' to correctly 
reference the definition of ``testing facility.''

10 CFR 170.12, Payments of Fees

    The NRC modifies paragraph (b)(3) and deletes paragraphs (b)(5), 
(b)(6), and (b)(7) based on the latest accounting cost system 
information, which deems the language referencing application costs 
deferred before August 9, 1991, as obsolete. The NRC also adds a new 
paragraph (g) to clarify that the NRC is authorized to collect any 
underpayment of fees from licensees to satisfy the requirements of 
OBRA-90, as amended.

10 CFR 170.20, Average Cost per Professional Staff Hour

    The NRC revises this section to reflect the hourly rate for FY 
2014.

[[Page 37143]]

10 CFR 170.21, Schedule of Fees for Production or Utilization 
Facilities, Review of Standard Referenced Design Approvals, Special 
Projects, Inspections, and Import and Export Licenses

    The NRC revises fees for fee category code K. to reflect the FY 
2014 hourly rate for flat fee applications.

10 CFR 170.31, Schedule of Fees for Materials Licenses and Other 
Regulatory Services, Including Inspections, and Import and Export 
Licenses

    The NRC revises the fee category description for 2.B. by adding 
footnotes 6, 7, and 8 to avoid duplicate billing and to provide 
exemptions of fees from fee category codes with identical requirements. 
The NRC revises the fee category descriptions for 3.P. and 7.C. by 
adding footnotes 9 and 10, respectively, for the same reasons.

10 CFR 171.11, Exemptions

    The NRC redesignates paragraphs (a), (b), (c), and (d) as 
paragraphs (b), (c), (d), and (e), respectively, adds a new paragraph 
(a), and revises newly redesignated paragraph (c) to clarify the time 
period for filing exemption requests applies to all exemption criteria 
instead of one exemption criterion.

10 CFR 171.15, Annual Fees: Reactor Licenses and Independent Fuel 
Storage Licenses

    The NRC revises paragraph (a) to allow an ISFSI licensee to be 
charged an annual fee only when the licensee has the ability to use or 
to derive benefit from the license. The NRC further revises paragraph 
(a) by replacing ``and'' with ``or'' to clarify that research reactors 
and test reactors are two separate types of non-power reactors. The NRC 
revises paragraph (b)(1) to reflect the required FY 2014 annual fee to 
be collected from each operating power reactor by September 30, 2014. 
The NRC revises the introductory text of paragraph (b)(2) to reflect FY 
2014 in reference to annual fees and fee relief adjustment. The NRC 
revises paragraph (c)(1) and the introductory text of paragraph (c)(2) 
to reflect the FY 2014 spent fuel storage/reactor decommissioning and 
spent fuel storage annual fee for 10 CFR part 50 licenses and 10 CFR 
part 72 licensees who do not hold a 10 CFR part 50 license, and the FY 
2014 fee relief adjustment. The NRC revises the introductory text of 
paragraph (d)(1) and paragraphs (d)(2) and (d)(3) to reflect the FY 
2014 fee-relief adjustment for the operating reactor power class of 
licenses, the number of operating power reactors, and the FY 2014 fee 
relief adjustment for spent fuel storage reactor decommissioning class 
of licenses. The NRC revises paragraph (e) to reflect the FY 2014 
annual fees for research reactors and test reactors. The NRC further 
revises paragraph (e) by replacing ``and'' with ``or'' to clarify that 
research reactors and test reactors are two separate types of non-power 
reactors.

10 CFR 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

    The NRC revises paragraphs (d) and (e) to reflect FY 2014 annual 
fees and the FY 2014 fee-relief adjustment. The NRC removes the 
reference to footnote 5 (which indicates that there is no licensee 
under a particular fee category) for fee category 1.A.(2)(a) in 
paragraph (d) due to a licensee that was recently moved to this fee 
category. The NRC revises the fee category code description to 2.B. to 
add footnotes 16, 17, and 18 to avoid duplicate billing and to provide 
an exemption of fees from fee category codes with identical 
requirements. The NRC also revises fee category code descriptions 3.P. 
and 7.C. to add footnotes 19 and 20, respectively, for the same 
reasons.

10 CFR 171.19, Payment of Fees

    The NRC adds paragraph (f) to clarify that the NRC is authorized to 
collect any underpayment of fees from licensees to satisfy the 
requirements of OBRA-90, as amended.

VI. Regulatory Flexibility Certification

    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 prepared a FY 2013 biennial regulatory flexibility 
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 Chief Financial Officer Act 
of 1990. For the FY 2013 final rule, small entity fees increased to 
$2,800 for the maximum upper-tier small entity fee and increased to 
$600 for the lower-tier small entity fee as a result of the biennial 
review, which factored in the number of increased hours for application 
reviews and inspections in the fee calculations. These fees remain 
unchanged for this final rule. The NRC's regulatory flexibility 
analysis for the FY 2013 final rule is available as indicated in 
Section XV, ``Availability of Documents,'' of this document. The next 
small entity biennial review is scheduled for FY 2015.

VII. Regulatory Analysis

    Under OBRA-90, as amended, and the AEA, the NRC is required to 
recover 90 percent of its budget authority, or total appropriations of 
$1,055.9 million, in FY 2014. 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.

VIII. 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 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.

IX. Plain Writing

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

X. National Environmental Policy Act

    The NRC has determined that this rule is the type of action 
described in 10 CFR 51.22(c)(1). Therefore, neither an environmental 
impact statement nor environmental assessment has been prepared for 
this final rule.

XI. Paperwork Reduction Act

    This rule does not contain any information collection requirements 
and, therefore, is not subject to the

[[Page 37144]]

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 
OMB control number.

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.

XIII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, Pub. 
L. 104-113, requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this final fee rule, the NRC amends 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 2014, as required by OBRA-90, as amended. This 
action does not constitute the establishment of a standard that 
contains generally applicable requirements.

XIV. Availability of Guidance

    The Small Business Regulatory Enforcement Fairness Act requires all 
Federal agencies to prepare a written compliance guide for each rule 
for which the NRC is required by 5 U.S.C. 604 to prepare a regulatory 
flexibility analysis. The NRC, in compliance with the law, prepared the 
``Small Entity Compliance Guide'' for the FY 2013 final fee rule. This 
document, which has been relabeled for FY 2014, is available as 
indicated in Section XV, ``Availability of Documents,'' of this 
document. The next compliance guide will be developed when the NRC 
completes the next small entity biennial review in FY 2015.

XV. Availability of Documents

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

------------------------------------------------------------------------
                                    ADAMS Accession No./Web link/Federal
             Document                        Register citation
------------------------------------------------------------------------
FY 2014 Final Fee Rule Work        ML14064A394
 Papers.
FY 2013 Regulatory Flexibility     ML13067A088
 Analysis.
FY 2014 U.S. Nuclear Regulatory    ML14055A070
 Commission Small Entity
 Compliance Guide.
NUREG-1100, Volume 29,             http://www.nrc.gov/reading-rm/doc-
 ``Congressional Budget             collections/nuregs/staff/sr1100/v29/
 Justification: Fiscal Year
 2014'' (April 2013).
NRC Form 526, Certification of     http://www.nrc.gov/reading-rm/doc-
 Small Entity Status for the        collections/forms/nrc526.pdf
 Purposes of Annual Fees Imposed
 under 10 CFR Part 171.
FY 2014 Proposed Fee Rule,         http://www.gpo.gov/fdsys/pkg/FR-2014-
 ``Revision of Fee Schedules; Fee   04-14/pdf/2014-08221.pdf
 Recovery for Fiscal Year 2014;
 Proposed Fee Rule,'' published
 April 14, 2014.
SECY-05-0164, ``Annual Fee         ML052580332
 Calculation Method,'' September
 15, 2005.
``Recommendations for Enhancing    ML111861807
 Reactor Safety in the 21st
 Century: The Near-Term Task
 Force Review of Insights From
 the Fukushima Dai-ichi
 Accident,'' July 12, 2011.
------------------------------------------------------------------------

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, Nonpayment 
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. In Sec.  170.3, revise the definition ``research reactor'' to read 
as follows:


Sec.  170.3  Definitions.

* * * * *
    Research reactor means a nuclear reactor licensed by the Commission 
under the authority of subsection 104c of the Act and pursuant to the 
provisions of Sec.  50.21(c) of this chapter for operation at a thermal 
power level of 10 megawatts or less, and which is not a testing 
facility as defined in this section.
* * * * *

0
3. In Sec.  170.12, revise paragraph (b)(3), remove paragraphs (b)(5), 
(b)(6), and (b)(7), and add a new paragraph (g) to read as follows:


Sec.  170.12  Payment of fees.

* * * * *
    (b) * * *
    (3) The NRC intends to bill each applicant or licensee at quarterly 
intervals for all accumulated costs for each application the applicant 
or licensee has on file for NRC review, until the review is completed.
* * * * *
    (g) Collection of underpayment of fees. The NRC is entitled to 
collect any

[[Page 37145]]

underpayment of fees as a result of an error by the NRC.

0
4. Revise Sec.  170.20 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 $279 per hour.

0
5. In Sec.  170.21, in the table, revise the fee category K. 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
------------------------------------------------------------------------
 
                              * * * * * * *
K. Import and export licenses:
    Licenses for the import and export only of
     production or utilization facilities or the export
     only of components for production or utilization
     facilities issued under 10 CFR part 110.
    1. Application for import or export of production or
     utilization facilities \4\ (including reactors and
     other facilities) and exports of components
     requiring Commission and Executive Branch review,
     for example, actions under 10 CFR 110.40(b).
        Application--new license, or amendment; or               $18,200
         license exemption request......................
    2. Application for export of reactor and other
     components requiring Executive Branch review, for
     example, those actions under 10 CFR 110.41(a).
        Application--new license, or amendment; or                $9,800
         license exemption request......................
    3. Application for export of components requiring
     the assistance of the Executive Branch to obtain
     foreign government assurances.
        Application--new license, or amendment; or                $4,500
         license exemption request......................
    4. Application for export of facility components and
     equipment not requiring Commission or Executive
     Branch review, or obtaining foreign government
     assurances.
        Application--new license, or amendment; or                $3,400
         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.
* * * * * * *
\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
6. In Sec.  170.31, revise the table to read as follows:


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

* * * * *

                       Schedule of Materials Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type of
                  fees 1                               Fee 2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use
     of U-235 or plutonium for fuel
     fabrication activities:
        (a) Strategic Special Nuclear       Full Cost.
         Material (High Enriched Uranium)
         [Program Code(s): 21130].
        (b) Low Enriched Uranium in         Full Cost.
         Dispersible Form Used for
         Fabrication of Power Reactor Fuel
         [Program Code(s): 21210].
    (2) All other special nuclear
     materials licenses not included in
     Category 1.A.(1) which are licensed
     for fuel cycle activities:
        (a) Facilities with limited         Full Cost.
         operations [Program Code(s):
         21310, 21320].
        (b) Gas centrifuge enrichment       Full Cost.
         demonstration facilities.
        (c) Others, including hot cell      Full Cost.
         facilities.
    B. Licenses for receipt and storage of  Full Cost.
     spent fuel and reactor-related
     Greater than Class C (GTCC) waste at
     an independent spent fuel storage
     installation (ISFSI) [Program
     Code(s): 23200].
    C. Licenses for possession and use of
     special nuclear material 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):       $1,300.
         22140].

[[Page 37146]]

 
    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):       $2,600.
         22110, 22111, 22120, 22131,
         22136, 22150, 22151, 22161,
         22170, 23100, 23300, 23310].
    E. Licenses or certificates for         Full Cost.
     construction and operation of a
     uranium enrichment facility [Program
     Code(s): 21200].
    F. For special nuclear materials        Full Cost.
     licenses 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  Full Cost.
     of 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].
    (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         Full Cost.
     receipt of byproduct material, as
     defined in Section 11e.(2) of the
     Atomic Energy Act, from other persons
     for possession and disposal, except
     those licenses subject to the fees in
     Category 2.A.(2) or Category 2.A.(4)
     [Program Code(s): 11600, 12000].
    (4) Licenses that authorize the         Full Cost.
     receipt of byproduct material, as
     defined in Section 11e.(2) of the
     Atomic Energy Act, from other persons
     for possession and disposal
     incidental to the disposal of the
     uranium waste tailings generated by
     the licensee's milling operations,
     except those licenses subject to the
     fees in Category 2.A.(2) [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.6 7
     8
        Application [Program Code(s):       $1,230.
         11210].
    C. Licenses to distribute items
     containing source material to persons
     exempt from the licensing
     requirements of part 40 of this
     chapter.
        Application [Program Code(s):       $6,900.
         11240].
    D. Licenses to distribute source
     material to persons generally
     licensed under part 40 of this
     chapter.
        Application [Program Codes(s):      $2,000.
         11230, 11231].
    E. Licenses for possession and use of
     source material for processing or
     manufacturing of products or
     materials containing source material
     for commercial distribution.
        Application [Program Code(s):       $2,800.
         11710].
    F. All other source material licenses.
        Application [Program Code(s):       $2,800.
         11200, 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):       $13,100.
         03211, 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):       $3,900.
         03214, 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):       $4,900.
         02500, 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):       $3,200.
         03510, 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):       $6,500.
         03511].
    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):       $62,400.
         03521].
    H. Licenses issued under Subpart A of
     part 32 of this chapter to distribute
     items containing byproduct material
     that require device review to persons
     exempt from the licensing
     requirements of part 30 of this
     chapter. The category does not
     include specific licenses authorizing
     redistribution of items that have
     been authorized for distribution to
     persons exempt from the licensing
     requirements of part 30 of this
     chapter.
        Application [Program Code(s):       $5,100.
         03254, 03255, 03257].

[[Page 37147]]

 
    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):       $11,500.
         03250, 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):       $2,000.
         03240, 03241, 03243].
    K. Licenses issued under Subpart B of
     part 32 of this chapter to distribute
     items containing byproduct material
     or quantities of byproduct material
     that do not require sealed source and/
     or device review to persons generally
     licensed under part 31 of this
     chapter. This category does not
     include specific licenses authorizing
     redistribution of items that have
     been authorized for distribution to
     persons generally licensed under part
     31 of this chapter.
        Application [Program Code(s):       $1,100.
         03242, 03244].
    L. Licenses of broad scope for
     possession and use of byproduct
     material issued under parts 30 and 33
     of this chapter for research and
     development that do not authorize
     commercial distribution.
        Application [Program Code(s):       $5,500.
         01100, 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):       $3,700.
         03620].
    N. Licenses that authorize services
     for other licensees, except:
        (1) Licenses that authorize only
         calibration and/or leak testing
         services are subject to the fees
         specified in fee Category 3.P.;
         and
        (2) Licenses that authorize waste
         disposal services are subject to
         the fees specified in fee
         Categories 4.A., 4.B., and 4.C.
        Application [Program Code(s):       $7,400.
         03219, 03225, 03226].
    O. Licenses for possession and use of
     byproduct material issued under part
     34 of this chapter for industrial
     radiography operations.
        Application [Program Code(s):       $4,100.
         03310, 03320].
    P. All other specific byproduct
     material licenses, except those in
     Categories 4.A. through 9.D.\9\
        Application [Program Code(s):       $2,000.
         02400, 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......................  $400.
    R. Possession of items or products
     containing radium-226 identified in
     10 CFR 31.12 which exceed the number
     of items or limits specified in that
     section.\5\
        1. Possession of quantities
         exceeding the number of items or
         limits in 10 CFR 31.12(a)(4), or
         (5) but less than or equal to 10
         times the number of items or
         limits specified.
        Application [Program Code(s):       $2,600.
         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):       $13,200.
         03210].
4. Waste disposal and processing:
    A. Licenses specifically authorizing    Full Cost.
     the receipt of waste byproduct
     material, source material, or special
     nuclear material from other persons
     for the purpose of contingency
     storage or commercial land disposal
     by the licensee; or licenses
     authorizing contingency storage of
     low-level radioactive waste at the
     site of nuclear power reactors; or
     licenses for receipt of waste from
     other persons for incineration or
     other treatment, packaging of
     resulting waste and residues, and
     transfer of packages to another
     person authorized to receive or
     dispose of waste material. [Program
     Code(s): 03231, 03233, 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):       $6,000.
         03234].
    C. Licenses specifically authorizing
     the receipt of prepackaged waste
     byproduct material, source material,
     or special nuclear material from
     other persons. The licensee will
     dispose of the material by transfer
     to another person authorized to
     receive or dispose of the material.
        Application [Program Code(s):       $5,000.
         03232].
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):       $3,900.
         03110, 03111, 03112].
    B. Licenses for possession and use of
     byproduct material for field flooding
     tracer studies.
        Licensing [Program Code(s): 03113]  Full Cost.
6. Nuclear laundries:
    A. Licenses for commercial collection
     and laundry of items contaminated
     with byproduct material, source
     material, or special nuclear
     material.
        Application [Program Code(s):       $22,300.
         03218].
7. Medical licenses:

[[Page 37148]]

 
    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):       $9,000.
         02300, 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.\10\
        Application [Program Code(s):       $8,700.
         02110].
    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):       $3,400.
         02120, 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):       $2,600.
         03710].
9. Device, product, or sealed source
 safety evaluation:
    A. Safety evaluation of devices or
     products containing byproduct
     material, source material, or special
     nuclear material, except reactor fuel
     devices, for commercial distribution.
        Application--each device..........  $5,400.
    B. Safety evaluation of devices or
     products containing byproduct
     material, source material, or special
     nuclear material manufactured in
     accordance with the unique
     specifications of, and for use by, a
     single applicant, except reactor fuel
     devices.
        Application--each device..........  $9,100.
    C. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear
     material, except reactor fuel, for
     commercial distribution.
        Application--each source..........  $5,300.
    D. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear
     material, manufactured in accordance
     with the unique specifications of,
     and for use by, a single applicant,
     except reactor fuel.
        Application--each source..........  $1,060.
10. Transportation of radioactive
 material:
    A. Evaluation of casks, packages, and
     shipping containers:
        1. Spent Fuel, High-Level Waste,    Full Cost.
         and 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...................  $4,200.
            Inspections...................  Full Cost.
        2. Users:
            Application...................  $4,200.
            Inspections...................  Full Cost.
    C. Evaluation of security plans, route  Full Cost.
     approvals, route surveys, and
     transportation security devices
     (including immobilization devices).
11. Review of standardized spent fuel       Full Cost.
 facilities.
12. Special projects:
    Including approvals, pre-application/
     licensing activities, and
     inspections:
        Application [Program Code: 25110].  Full Cost.
13. A. Spent fuel storage cask Certificate  Full Cost.
 of Compliance.
    B. Inspections related to storage of    Full Cost.
     spent fuel under Sec.   72.210 of
     this chapter.
14. A. Byproduct, source, or special        Full Cost.
 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 MMLs. Application [Program
 Code(s): 3900, 11900, 21135, 21215,
 21240, 21325, 22200]
    B. Site-specific decommissioning        Full Cost.
     activities associated with unlicensed
     sites, including MMLs, regardless of
     whether or not the sites have been
     previously licensed.
15. Import and Export licenses:
    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        $18,200.
         amendment; or license exemption
         request.
    B. Application for export or import of
     nuclear material, including
     radioactive waste, requiring
     Executive Branch review, but not
     Commission review. This category
     includes applications for the export
     and import of radioactive waste and
     requires NRC to consult with domestic
     host state authorities (i.e., Low-
     Level Radioactive Waste Compact
     Commission, the U.S. Environmental
     Protection Agency, etc.).
        Application--new license, or        $9,800.
         amendment; or license exemption
         request.
    C. Application for export of nuclear
     material, for example, routine
     reloads of low enriched uranium
     reactor fuel and/or natural uranium
     source material requiring the
     assistance of the Executive Branch to
     obtain foreign government assurances.
        Application--new license, or        $4,500.
         amendment; or license exemption
         request.
    D. Application for export or import of
     nuclear material not requiring
     Commission or Executive Branch
     review, or obtaining foreign
     government assurances.

[[Page 37149]]

 
        Application--new license, or        $3,400.
         amendment; or license exemption
         request.
    E. Minor amendment of any active
     export or import license, for
     example, to extend the expiration
     date, change domestic information, or
     make other revisions which do not
     involve any substantive changes to
     license terms and conditions or to
     the type/quantity/chemical
     composition of the material
     authorized for export and, therefore,
     do not require in-depth analysis,
     review, or consultations with other
     Executive Branch, U.S. host state, or
     foreign government authorities.
        Minor amendment...................  $1,400.
    Licenses issued under part 110 of this
     chapter for the import and export
     only of Category 1 and Category 2
     quantities of radioactive material
     listed in Appendix P to part 110 of
     this chapter (fee categories 15.F.
     through 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
 Exports:
    F. Application for export of Appendix
     P Category 1 materials requiring
     Commission review (e.g. exceptional
     circumstance review under 10 CFR
     110.42(e)(4)) and to obtain
     government-to-government consent for
     this process. For additional consent
     see 15.I.).
        Application--new license, or        $15,400.
         amendment; 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. Application--new license, or            $8,900.
 amendment; or license exemption request.
    H. Application for export of Appendix
     P Category 1 materials and to obtain
     one government-to-government consent
     for this process. For additional
     consents see 15.I.
        Application--new license, or        $6,700.
         amendment; or license exemption
         request.
    I. Requests for each additional
     government-to-government consent in
     support of an export license
     application or active export license.
        Application--new license, or        $280.
         amendment; or license exemption
         request.
Category 2 (Appendix P, 10 CFR Part 110)
 Exports:
    J. Application for export of Appendix
     P Category 2 materials requiring
     Commission review (e.g. exceptional
     circumstance review under 10 CFR
     110.42(e)(4)).
        Application--new license, or        $15,400.
         amendment; or license exemption
         request.
    K. Applications for export of Appendix
     P Category 2 materials requiring
     Executive Branch review.
        Application--new license, or        $8,900.
         amendment; or license exemption
         request.
    L. Application for the export of
     Category 2 materials.
        Application--new license, or        $5,600.
         amendment; or license exemption
         request.
    M. [Reserved].........................  N/A.
    N. [Reserved].........................  N/A.
    O. [Reserved].........................  N/A.
    P. [Reserved].........................  N/A.
    Q. [Reserved].........................  N/A.
Minor Amendments (Category 1 and 2,
 Appendix P, 10 CFR Part 110, Export):
    R. Minor amendment of any active
     export license, for example, to
     extend the expiration date, change
     domestic information, or make other
     revisions which do not involve any
     substantive changes to license terms
     and conditions or to the type/
     quantity/chemical composition of the
     material authorized for export and,
     therefore, do not require in-depth
     analysis, review, or consultations
     with other Executive Branch, U.S.
     host state, or foreign authorities.
        Minor amendment...................  $1,400.
16. Reciprocity:
    Agreement State licensees who conduct
     activities under the reciprocity
     provisions of 10 CFR 150.20:
        Application.......................  $1,900.
17. Master materials licenses of broad
 scope issued to Government agencies.
        Application [Program Code(s):       Full Cost.
         03614].
18. Department of Energy:
    A. Certificates of Compliance.          Full Cost.
     Evaluation of casks, 11 packages, and
     shipping containers (including spent
     fuel, high-level waste, and other
     casks, and plutonium air packages).
    B. Uranium Mill Tailings Radiation      Full Cost.
     Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
  assessed for pre-application consultations and reviews; applications
  for new licenses, approvals, or license terminations; possession-only
  licenses; issuances of new licenses and approvals; certain amendments
  and renewals to existing licenses and approvals; safety evaluations of
  sealed sources and devices; generally licensed device registrations;
  and certain inspections. The following guidelines apply to these
  charges:
(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, pre-application
  consultations and other documents submitted to the NRC for review, and
  project manager time for fee categories subject to full cost fees are
  due upon notification by the Commission in accordance with Sec.
  170.12(b).
(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).

[[Page 37150]]

 
(e) Generally licensed device registrations under 10 CFR 31.5.
  Submittals of registration information must be accompanied by the
  prescribed fee.
\2\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under 10 CFR 2.202 or
  for amendments resulting specifically from the requirements of these
  orders. For orders unrelated to civil penalties or other civil
  sanctions, fees will be charged for any resulting licensee-specific
  activities not otherwise exempted from fees under this chapter. Fees
  will be charged for approvals issued under a specific exemption
  provision of the Commission's regulations under Title 10 of the Code
  of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
  any other sections in effect now or in the future), regardless of
  whether the approval is in the form of a license amendment, letter of
  approval, safety evaluation report, or other form. In addition to the
  fee shown, an applicant may be assessed an additional fee for sealed
  source and device evaluations as shown in fee categories 9.A. through
  9.D.
\3\ Full cost fees will be determined based on the professional staff
  time multiplied by the appropriate professional hourly rate
  established in Sec.   170.20 in effect when the service is provided,
  and the appropriate contractual support services expended.
\4\ Licensees paying fees under categories 1.A., 1.B., and 1.E. are not
  subject to fees under categories 1.C., 1.D. and 1.F. for sealed
  sources authorized in the same license, except for an application that
  deals only with the sealed sources authorized by the license.
\5\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\6\ Licensees paying fees under 3.O. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\7\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\9\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P. for calibration or leak testing services authorized on the
  same license.
\10\ Licensees paying fees under 7.B. are not subject to paying fees
  under 7.C. for broad scope license licenses issued under parts 30, 35,
  40, and 70 of this chapter for human use of byproduct material, source
  material, and/or special nuclear material, except licenses for
  byproduct material, source material, or special nuclear material in
  sealed sources contained in teletherapy devices authorized on the same
  license.

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
7. 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
8. In Sec.  171.11, redesignate paragraphs (a), (b), (c), and (d) as 
paragraphs (b), (c), (d), and (e), respectively, add a new paragraph 
(a), and revise newly redesignated paragraph (c) to read as follows:


Sec.  171.11  Exemptions.

    (a) All requests for exemptions must be filed with the NRC within 
90 days from the effective date of the final rule establishing the 
annual fees for which the exemption is sought in order to be 
considered. Absent extraordinary circumstances, any exemption requests 
filed beyond that date will not be considered. The filing of an 
exemption request does not extend the date on which the bill is 
payable. Only timely payment in full ensures avoidance of interest and 
penalty charges. If a partial or full exemption is granted, any 
overpayment will be refunded. Requests for clarification of or 
questions relating to an annual fee bill must also be filed within 90 
days from the date of the initial invoice to be considered.
* * * * *
    (c) The Commission may, upon application by an interested person or 
on its own initiative, grant an exemption from the requirements of this 
part that it determines is authorized by law or otherwise in the public 
interest.
* * * * *


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


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

    (a) Each person holding an operating license for a power, test, or 
research reactor; each person holding a combined license under part 52 
of this chapter after the Commission has made the finding under 10 CFR 
52.103(g); each person holding a part 50 or part 52 power reactor 
license that is in decommissioning or possession only status, except 
those that have no spent fuel onsite; and each person holding a part 72 
license who does not hold a part 50 or part 52 license and provides 
notification in accordance with 10 CFR 72.80(g), shall pay the annual 
fee for each license held during the Federal fiscal year in which the 
fee is due. This paragraph does not apply to test or research reactors 
exempted under Sec.  171.11(a).
    (b)(1) The FY 2014 annual fee for each operating power reactor 
which must be collected by September 30, 2014, is $5,223,000.
    (2) The FY 2014 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 2014 fee-relief 
adjustment are shown in paragraph (d)(1) of this section. The 
activities comprising the FY 2014 base annual fee for operating power 
reactors are as follows:
* * * * *
    (c)(1) The FY 2014 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 $224,000.
    (2) The FY 2014 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 
2014 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2014 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

[[Page 37151]]

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 2014 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2014 fee-relief adjustment allocated to the 
operating power reactor class of licenses is a $621,500 fee-relief 
surplus, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2014 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is 
approximately a $6,094 fee relief surplus. This amount is calculated by 
dividing the total operating power reactor fee-relief surplus 
adjustment, $621,500 by the number of operating power reactors (100).
    (3) The FY 2014 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a -$44,500 fee-
relief assessment. The FY 2014 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 -$361 fee-relief assessment. 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 2014 annual fees for licensees authorized to operate a 
research or test (nonpower) reactor licensed under part 50 of this 
chapter, unless the reactor is exempted from fees under Sec.  
171.11(a), are as follows:

Research reactor...........................................      $84,500
Test reactor...............................................       84,500
 


0
10. In Sec.  171.16, revise paragraph (d) and the introductory text of 
paragraph (e) to read as follows:


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

* * * * *
    (d) The FY 2014 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2014 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2014 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         $7,175,000.
         Material (High Enriched Uranium)
         [Program Code(s): 21130].
        (b) Low Enriched Uranium in           $2,469,000.
         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           $747,000.
         operations [Program Code(s): 21310,
         21320].
        (b) Gas centrifuge enrichment         $1,389,000.
         demonstration facilities.
        (c) Others, including hot cell        $694,000.
         facilities.
    B. Licenses for receipt and storage of    N/A.\11\
     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     $3,800.
     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     $7,400.
     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       $3,395,000.
     operation of a uranium enrichment
     facility [Program Code(s): 21200].
    F. For special nuclear materials          $7,500.
     licenses 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    $1,466,000.
     of 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       $33,800.
         facilities [Program Code(s): 11100].
        (b) Basic In Situ Recovery            $42,800.
         facilities [Program Code(s): 11500].
        (c) Expanded In Situ Recovery         $48,500.
         facilities [Program Code(s): 11510].
        (d) In Situ Recovery Resin            $0.
         facilities [Program Code(s): 11550].
        (e) Resin Toll Milling facilities     N/A.\5\
         [Program Code(s): 11555].
        (f) Other facilities \4\ [Program     N/A.\5\
         Code(s): 11700].
    (3) Licenses that authorize the receipt   N/A.\5\
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal, except those licenses
     subject to the fees in Category 2.A.(2)
     or Category 2.A.(4) [Program Code(s):
     11600, 12000].

[[Page 37152]]

 
    (4) Licenses that authorize the receipt   $19,200.
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal incidental to the disposal
     of the uranium waste tailings generated
     by the licensee's milling operations,
     except those licenses subject to the
     fees in Category 2.A.(2) [Program
     Code(s): 12010].
    (5) Licenses that authorize the           $5,600.
     possession of source material related
     to removal of contaminants (source
     material) from drinking water [Program
     Code(s): 11820].
    B. Licenses that authorize possession,    $3,300.
     use, and/or installation of source
     material for shielding.16 17 18
     [Program Code: 11210].
    C. Licenses to distribute items           $12,500.
     containing source material to persons
     exempt from the licensing requirements
     of part 40 of this chapter. [Program
     Code: 11240].
    D. Licenses to distribute source          $5,100.
     material to persons generally licensed
     under part 40 of this chapter [Program
     Code(s): 11230 and 11231].
    E. Licenses for possession and use of     $7,800.
     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.    $8,600.
     [Program Code(s): 11200, 11220, 11221,
     11300, 11800, 11810].
3. Byproduct material:
    A. Licenses of broad scope for            $55,100.
     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 [Program Code(s): 03211,
     03212, 03213].
    B. Other licenses for possession and use  $13,800.
     of byproduct material issued under part
     30 of this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution [Program Code(s): 03214,
     03215, 22135, 22162].
    C. Licenses issued under Sec.  Sec.       $20,200.
     32.72 and/or 32.74 of this chapter
     authorizing the processing or
     manufacturing and distribution or
     redistribution of radiopharmaceuticals,
     generators, reagent kits, and/or
     sources and devices containing
     byproduct material. This category also
     includes the possession and use of
     source material for shielding
     authorized under part 40 of this
     chapter when included on the same
     license. This category does not apply
     to licenses issued to nonprofit
     educational institutions whose
     processing or manufacturing is exempt
     under Sec.   171.11(a)(1). [Program
     Code(s): 02500, 02511, 02513].
    D. [Reserved]...........................  N/A.\5\
    E. Licenses for possession and use of     $9,500.
     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     $13,900.
     less than 10,000 curies of byproduct
     material in sealed sources for
     irradiation of materials in which the
     source is exposed for irradiation
     purposes. This category also includes
     underwater irradiators for irradiation
     of materials in which the source is not
     exposed for irradiation purposes
     [Program Code(s): 03511].
    G. Licenses for possession and use of     $127,900.
     10,000 curies or more of byproduct
     material in sealed sources for
     irradiation of materials in which the
     source is exposed for irradiation
     purposes. This category also includes
     underwater irradiators for irradiation
     of materials in which the source is not
     exposed for irradiation purposes
     [Program Code(s): 03521].
    H. Licenses issued under subpart A of     $10,700.
     part 32 of this chapter to distribute
     items containing byproduct material
     that require device review to persons
     exempt from the licensing requirements
     of part 30 of this chapter, except
     specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     exempt from the licensing requirements
     of part 30 of this chapter [Program
     Code(s): 03254, 03255].
    I. Licenses issued under subpart A of     $20,800.
     part 32 of this chapter to distribute
     items containing byproduct material or
     quantities of byproduct material that
     do not require device evaluation to
     persons exempt from the licensing
     requirements of part 30 of this
     chapter, except for specific licenses
     authorizing redistribution of items
     that have been authorized for
     distribution to persons exempt from the
     licensing requirements of part 30 of
     this chapter [Program Code(s): 03250,
     03251, 03252, 03253, 03256].
    J. Licenses issued under subpart B of     $5,100.
     part 32 of this chapter to distribute
     items containing byproduct material
     that require sealed source and/or
     device review to persons generally
     licensed under part 31 of this chapter,
     except specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     generally licensed under part 31 of
     this chapter [Program Code(s): 03240,
     03241, 03243].
    K. Licenses issued under subpart B of     $4,100.
     part 32 of this chapter to distribute
     items containing byproduct material or
     quantities of byproduct material that
     do not require sealed source and/or
     device review to persons generally
     licensed under part 31 of this chapter,
     except specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     generally licensed under part 31 of
     this chapter [Program Code(s): 03242,
     03244].
    L. Licenses of broad scope for            $17,500.
     possession and use of byproduct
     material issued under parts 30 and 33
     of this chapter for research and
     development that do not authorize
     commercial distribution [Program
     Code(s): 01100, 01110, 01120, 03610,
     03611, 03612, 03613].
    M. Other licenses for possession and use  $10,000.
     of byproduct material issued under part
     30 of this chapter for research and
     development that do not authorize
     commercial distribution [Program
     Code(s): 03620].
    N. Licenses that authorize services for   $18,000.
     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     $29,800.
     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  $6,800.
     licenses, except those in Categories
     4.A. through 9.D.\19\ [Program Code(s):
     02400, 02410, 03120, 03121, 03122,
     03123, 03124, 03140, 03130, 03220,
     03221, 03222, 03800, 03810, 22130].
    Q. Registration of devices generally      N/A.\13\
     licensed under part 31 of this chapter.

[[Page 37153]]

 
    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           $9,600.
         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 [Program Code(s): 02700].
        2. Possession of quantities           $9,200.
         exceeding 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             $33,000.
     accelerator-produced radionuclides
     [Program Code(s): 03210].
4. Waste disposal and processing:
    A. Licenses specifically authorizing the  N/A.\5\
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the
     licensee; or licenses authorizing
     contingency storage of low-level
     radioactive waste at the site of
     nuclear power reactors; or licenses for
     receipt of waste from other persons for
     incineration or other treatment,
     packaging of resulting waste and
     residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material [Program
     Code(s): 03231, 03233, 03235, 03236,
     06100, 06101].
    B. Licenses specifically authorizing the  $21,100.
     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  $16,700.
     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     $13,600.
     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     N/A.\5\
     byproduct material for field flooding
     tracer studies. [Program Code(s):
     03113].
6. Nuclear laundries:
    A. Licenses for commercial collection     $44,400.
     and 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,    $23,800.
     40, and 70 of this chapter for human
     use of byproduct material, source
     material, or special nuclear material
     in sealed sources contained in gamma
     stereotactic radiosurgery units,
     teletherapy devices, or similar beam
     therapy devices. This category also
     includes the possession and use of
     source material for shielding when
     authorized on the same license.
     [Program Code(s): 02300, 02310].
    B. Licenses of broad scope issued to      $35,700.
     medical institutions or two or more
     physicians under parts 30, 33, 35, 40,
     and 70 of this chapter authorizing
     research and development, including
     human use of byproduct material, except
     licenses for byproduct material, source
     material, or special nuclear material
     in sealed sources contained in
     teletherapy devices. This category also
     includes the possession and use of
     source material for shielding when
     authorized on the same license.\9\
     [Program Code(s): 02110].
    C. Other licenses issued under parts 30,  $9,900.
     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, 20\ [Program Code(s):
     02120, 02121, 02200, 02201, 02210,
     02220, 02230, 02231, 02240, 22160].
8. Civil defense:
    A. Licenses for possession and use of     $9,600.
     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    $8,600.
     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    $14,500.
     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    $8,400.
     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    $1,700.
     evaluation of sealed sources containing
     byproduct material, source material, or
     special nuclear material, manufactured
     in accordance with the unique
     specifications of, and for use by, a
     single applicant, except reactor fuel.
10. Transportation of radioactive material:
    A. Certificates of Compliance or other
     package approvals issued for design of
     casks, packages, and shipping
     containers:
        1. Spent Fuel, High-Level Waste, and  N/A.\6\
         plutonium air packages.
        2. Other Casks......................  N/A.\6\
    B. Quality assurance program approvals
     issued under part 71 of this chapter:
        1. Users and Fabricators............  N/A.\6\
        2. Users............................  N/A.\6\
    C. Evaluation of security plans, route    N/A.\6\
     approvals, route surveys, and
     transportation security devices
     (including immobilization devices).
11. Standardized spent fuel facilities......  N/A.\6\
12. Special Projects [Program Code(s):        N/A.\6\
 25110].
13. A. Spent fuel storage cask Certificate    N/A.\6\
 of Compliance.

[[Page 37154]]

 
    B. General licenses for storage of spent  N/A.\12\
     fuel under 10 CFR 72.210.
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear  N/A.\7\
     material licenses and other approvals
     authorizing decommissioning,
     decontamination, reclamation, or site
     restoration activities under 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          N/A.\7\
     activities associated with unlicensed
     sites, including MMLs, whether or not
     the sites have been previously licensed.
15. Import and Export licenses..............  N/A.\8\
16. Reciprocity.............................  N/A.\8\
17. Master materials licenses of broad scope  $383,000.
 issued to Government agencies [Program
 Code(s): 03614].
18. Department of Energy:
    A. Certificates of Compliance...........  $1,084,000.\10\
    B. Uranium Mill Tailings Radiation        $815,000.
     Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
  valid license with the NRC authorizing possession and use of
  radioactive material during the current FY. The annual fee is waived
  for those materials licenses and holders of certificates,
  registrations, and approvals who either filed for termination of their
  licenses or approvals or filed for possession only/storage licenses
  before October 1, 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.
\16\ Licensees paying fees under 3.O. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\17\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\18\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\19\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P. for calibration or leak testing services authorized on the
  same license.
\20\ Licensees paying fees under 7.B. are not subject to paying fees
  under 7.C. for broad scope license licenses issued under parts 30, 35,
  40, and 70 of this chapter for human use of byproduct material, source
  material, and/or special nuclear material, except licenses for
  byproduct material, source material, or special nuclear material in
  sealed sources contained in teletherapy devices authorized on the same
  license.

    (e) The fee-relief adjustment allocated to annual fees includes the 
budgeted resources for the activities listed in paragraph (e)(1) of 
this section, plus the total budgeted resources for the activities 
included in paragraphs (e)(2) and (e)(3) of this section, as reduced by 
the appropriations 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 (e)(3) of this section for a given FY, a negative fee-relief 
adjustment (or annual fee reduction) will be allocated to annual fees. 
The activities comprising the FY 2014 fee-relief adjustment are as 
follows:
* * * * *

0
11. In Sec.  171.19, add a new paragraph (f) to read as follows:


Sec.  171.19  Payment.

* * * * *
    (f) The NRC is entitled to collect any underpayment of fees as a 
result of an error by the NRC.

    Dated at Rockville, Maryland, this 16th day of June 2014.

    For the Nuclear Regulatory Commission.
Mary Muessle,
Acting Chief Financial Officer.
[FR Doc. 2014-15193 Filed 6-27-14; 8:45 am]
BILLING CODE 7590-01-P