[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41171-41196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14490]



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  Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules 
and Regulations  

[[Page 41171]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 9, 170, and 171

[NRC-2015-0223]
RIN 3150-AJ66


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2016

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the 
licensing, inspection, special project, and annual fees charged to its 
applicants and licensees and, for the first time, the NRC is recovering 
its costs when it responds to third-party demands for information in 
litigation where the United States is not a party (``Touhy requests''). 
These amendments are necessary to implement the Omnibus Budget 
Reconciliation Act of 1990, as amended (OBRA-90), which requires the 
NRC to recover approximately 90 percent of its annual budget through 
fees.

DATES: This final rule is effective on August 23, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0223 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0223. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. For the convenience of the reader, the ADAMS accession 
numbers and 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: Michele Kaplan, Office of the Chief 
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-5256, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Background; Statutory Authority

    The NRC's fee regulations are primarily governed by two laws: (1) 
The Independent Offices Appropriations Act of 1952 (IOAA) (31 U.S.C. 
9701), and (2) OBRA-90. The OBRA-90 statute requires the NRC to recover 
approximately 90 percent of its budget authority through fees; this 
fee-recovery requirement excludes amounts appropriated for Waste 
Incidental to Reprocessing, generic homeland security activities, and 
Inspector General (IG) services for the Defense Nuclear Facilities 
Safety Board, as well as any amounts appropriated from the Nuclear 
Waste Fund. The OBRA-90 statute first requires the NRC to use its IOAA 
authority to collect user fees for NRC work that provides specific 
benefits to identifiable applicants and licensees (such as licensing 
work, inspections, special projects). The regulations at part 170 of 
title 10 of the Code of Federal Regulations (10 CFR) authorize these 
fees. But, because the NRC's fee recovery under the IOAA (10 CFR part 
170) does not equal 90 percent of the NRC's budget authority, the NRC 
also assesses generic ``annual fees'' under 10 CFR part 171 to recover 
the remaining fees necessary to achieve OBRA-90's 90-percent fee 
recovery. These annual fees recover regulatory costs that are not 
otherwise collected through 10 CFR part 170.

II. Discussion

FY 2016 Fee Collection--Overview

    The NRC is issuing the FY 2016 final fee rule based on the 
Consolidated Appropriations Act, 2016 (Pub. L. 114-113), amount of 
$1,002.1 million, which is a decrease of $13.2 million from FY 2015. As 
explained previously, certain portions of the NRC's total budget are 
excluded from the NRC's fee-recovery amount--specifically, these 
exclusions include: $1.3 million for waste-incidental-to-reprocessing 
activities, $1.0 million for IG services for the Defense Nuclear 
Facilities Safety Board, and $18.8 million for generic homeland 
security activities. Additionally, 10 percent of the NRC's budget is 
recovered through a congressional appropriation. After accounting for 
the OBRA-90 exclusions, this 10-percent appropriation, and net billing 
adjustments--i.e., the sum of unpaid current year invoices (estimated) 
minus payments for prior year invoices and the prior year billing 
credit issued to the U.S. Department of Energy (DOE) for the 
transportation fee class--the NRC must collect $883.4 million in FY 
2016 from its licensees. Of this amount, the NRC will recover $332.7 
million through 10 CFR part 170 user fees, and the remaining $550.7 
million through 10 CFR part 171 annual fees. Table I summarizes the 
fee-recovery amounts for the FY 2016 final fee rule using the

[[Page 41172]]

enacted budget, and taking into account excluded activities, the 10-
percent appropriation, and net billing adjustments (individual values 
may not sum to totals due to rounding).

                                    Table I--Budget and Fee Recovery Amounts
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2015 final   FY 2016 final    Percentage
                                                                       rule            rule           change
----------------------------------------------------------------------------------------------------------------
Total Budget Authority..........................................        $1,015.3        $1,002.1            -1.3
Less Excluded Fee Items.........................................           -20.3           -21.1             3.8
                                                                 -----------------------------------------------
    Balance.....................................................          $995.0          $981.0            -1.4
Fee Recovery Percent............................................              90              90             0.0
Total Amount to be Recovered:...................................          $895.5          $882.9            -1.4
    10 CFR Part 171 Billing Adjustments:........................             0.0             0.0             0.0
    Unpaid Current Year Invoices (estimated)....................             2.8             6.3           125.0
    Less Prior Year Billing Credit for Transportation Fee Class.             0.0            -0.2             100
    Less Payments Received in Current Year for Previous Year                -9.6            -5.6           -41.7
     Invoices (estimated).......................................
                                                                 -----------------------------------------------
        Subtotal................................................            -6.8             0.5          -107.4
Amount to be Recovered through 10 CFR Parts 170 and 171 Fees....          $888.7          $883.4            -0.6
    Less Estimated 10 CFR Part 170 Fees.........................          -321.7          -332.7             3.4
    Less Prior Year Unbilled 10 CFR Part 170 Fees...............            -0.0            -0.0             0.0
                                                                 -----------------------------------------------
10 CFR Part 171 Fee Collections Required........................          $567.0          $550.7            -2.9
----------------------------------------------------------------------------------------------------------------

FY 2016 Fee Collection--Hourly Rate

    The NRC uses an hourly rate to assess fees for specific services 
provided by the NRC under 10 CFR part 170. The hourly rate also helps 
determine flat fees (which are used for the review of certain types of 
license applications). For FY 2016, the NRC's hourly rate is $265, a 
decrease of $3 from the hourly rate in the FY 2015 final rule. This 
rate is applicable to all activities for which fees are assessed under 
Sec. Sec.  170.21 and 170.31.
    The NRC derives its hourly rate by dividing the sum of recoverable 
budgeted resources for: (1) Mission-direct program salaries and 
benefits; (2) mission-indirect program support; and 3) agency support--
which includes corporate support, office support (FY 2015 only), and 
the IG. In FY 2016, the agency eliminated the office support category 
for budgetary resources. Created in FY 2011, office support included 
indirect resources that sustained an individual office--such as 
supervisory, administrative assistant, and other support staff FTE 
hours. In FY 2015, the agency contracted with E&Y (formerly Ernst and 
Young) to study the NRC's budget structure in comparison with peer 
agencies. Based on E&Y's recommendations (and starting in FY 2016), the 
NRC reclassified resources formerly budgeted in office support into 
either mission-indirect program support or corporate support, depending 
upon whether the resources were budgeted in support of a program office 
or a corporate support office.
    The mission-direct FTE hours are the product of the mission-direct 
FTE multiplied by the estimated annual 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. 
Billable contract activities are included as a separate line item on 
the 10 CFR part 170 invoice.
    The hourly rate decrease is the result of an increase in estimated 
direct hours worked per mission-direct full-time equivalent (FTE) 
during the year and reduced budget. The FY 2016 estimated annual direct 
hours per staff is 1,440 hours, which is up from 1,420 hours in FY 
2015. Assuming a constant budget, as the FTE hours per staff increases, 
the hourly rate decreases. Table II shows the hourly rate calculation 
methodology. The FY 2015 amounts are provided for comparison purposes.

                                        Table II--Hourly Rate Calculation
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2015 final   FY 2016 final    Percentage
                                                                       rule            rule           change
----------------------------------------------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits......................          $365.6          $369.6             1.1
Mission-Indirect Program Support................................           $67.7          $140.6           107.6
Agency Support (Corporate Support, Office Support * and the IG).          $422.7          $314.0           -25.7
                                                                 -----------------------------------------------
    Subtotal....................................................          $856.0          $824.2            -3.7
Less Offsetting Receipts........................................           -$0.0           -$0.1            41.5
                                                                 -----------------------------------------------
    Total Budget Included in Hourly Rate........................          $856.0          $824.1            -3.7
Mission-Direct FTE (Whole numbers)..............................           2,250           2,157            -4.1
Mission-Direct FTE hours........................................           1,420           1,440             1.4
FTE Converted to Hours (Mission-Direct FTE multiplied by Mission-            3.2             3.1            -2.8
 Direct FTE hours worked annually) (In Millions)................

[[Page 41173]]

 
Professional Hourly Rate (Total Budget Included in Hourly Rate              $268            $265            -1.0
 Divided by FTE Converted to Hours) (Whole Numbers).............
----------------------------------------------------------------------------------------------------------------
* FY 2015 only.

FY 2016 Fee Collection--Flat Application Fee Changes

    The NRC amends the flat application fees that it charges to 
applicants for import and export licenses, applicants for materials 
licenses and other regulatory services, and holders of materials, 
import, and export licenses in its schedule of fees in Sec. Sec.  
170.21 and 170.31 to reflect the revised hourly rate of $265. The NRC 
calculates these flat fees by multiplying the average professional 
staff hours needed to process the licensing actions by the professional 
hourly rate for FY 2016. The NRC analyzes the actual hours spent 
performing licensing actions and then estimates the average 
professional staff hours that are needed to process licensing actions 
as part of its biennial review of fees, which is required by Section 
902 of the Chief Financial Officers Act of 1990 (31 U.S.C. 902(8)). The 
NRC performed this review in FY 2015 and will perform this review again 
in FY 2017. The lower hourly rate of $265 is the primary reason for the 
decrease in application fees.
    The NRC rounds these flat fees in such a way that ensures both 
convenience for its stakeholders and that any rounding effects are 
minimal. Accordingly, fees under $1,000 are rounded to the nearest $10, 
fees between $1,000 and $100,000 are rounded to the nearest $100, and 
fees greater than $100,000 are rounded to the nearest $1,000.
    The licensing flat fees are applicable for import and export 
licensing actions (see fee categories K.1. through K.5. of Sec.  
170.21), as well as certain materials licensing actions (see fee 
categories 1.C. through 1.D., 2.B. through 2.F., 3.A. through 3.S., 
4.B. through 5.A., 6.A. through 9.D., 10.B., 15.A. through 15.L., 
15.R., and 16 of Sec.  170.31). Applications filed on or after the 
effective date of the FY 2016 final fee rule will be subject to the 
revised fees in the final rule.

FY 2016 Fee Collection--Fee-Relief and Low-Level Waste (LLW) Surcharge

    As previously noted, Congress provides 10 percent of the NRC's 
recoverable budget authority through an appropriation. The NRC applies 
this 10-percent congressional appropriation to offset certain budgeted 
activities--see Table III for a full listing. These activities are 
referred to as ``fee-relief'' activities. Any difference between the 
10-percent appropriation and the budgeted amount of these fee-relief 
activities results in a fee adjustment (either an increase or decrease) 
to all licensees' annual fees, based on their percentage share of the 
NRC's budget.
    In FY 2016, the NRC's budgeted fee-relief activities fall below the 
10-percent appropriation threshold--therefore, the NRC assessed a fee-
relief credit to decrease all licensees' annual fees based on their 
percentage share of the budget. Table III summarizes the fee-relief 
activities for FY 2016. The FY 2015 amounts are provided for comparison 
purposes.

                                        Table III--Fee-Relief Activities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                      FY 2015         FY 2016       Percentage
                      Fee-relief activities                       budgeted costs  budgeted costs      change
----------------------------------------------------------------------------------------------------------------
1. Activities not attributable to an existing NRC licensee or
 class of licensee:
    a. International Assistance activities......................            $9.3           $12.6            35.5
    b. Agreement State oversight................................            12.0            12.6             5.0
    c. Scholarships and Fellowships.............................            18.9            18.2            -3.7
    d. Medical Isotope Production Infrastructure................             4.9             1.0           -79.6
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.....            10.3            10.1            -2.5
    b. Costs not recovered from small entities under 10 CFR                  8.8             8.5            -3.7
     71.16(c)...................................................
    c. Regulatory support to Agreement States...................            18.5            16.5           -10.8
    d. Generic decommissioning/reclamation (not related to the              16.4            15.2            -7.1
     power reactor and spent fuel storage fee classes)..........
    e. In Situ leach rulemaking and unregistered general                     1.4             1.6            21.4
     licensees..................................................
    f. Potential Department of Defense remediation program MOU               0.0             1.7             100
     activities.................................................
                                                                 -----------------------------------------------
        Total fee-relief activities.............................           100.5            98.0            -2.4
        Less 10 percent of the NRC's total FY budget (less non-            -99.5           -98.1            -1.4
         fee items).............................................
                                                                 -----------------------------------------------
            Fee-Relief Adjustment to be Allocated to All                     1.0            -0.1          -107.0
             Licensees' Annual Fees.............................
----------------------------------------------------------------------------------------------------------------

    Table IV shows how the NRC allocates the -$0.1 million fee-relief 
adjustment (credit) to each license fee class.
    In addition to the fee-relief adjustment, the NRC also assessed a 
generic LLW surcharge of $3.3 million.

[[Page 41174]]

Disposal of LLW occurs at commercially operated LLW disposal facilities 
that are licensed by either the NRC or an Agreement State. There are 
three existing low-level waste disposal facilities in the United States 
that accept various types of low-level waste. All are in Agreement 
States. The NRC allocates this surcharge to its licensees based on data 
available in DOE's Manifest Information Management System. This 
database contains information on total LLW volumes and NRC usage 
information from four generator classes: Academic, industry, medical, 
and utility. The ratio of utility waste volumes to total LLW volumes 
over a period of time is used to estimate the portion of this surcharge 
that should be allocated to the power reactors, fuel facilities, and 
materials fee classes. The materials portion is adjusted to account for 
the fact that a large percentage of materials licensees are licensed by 
the Agreement States rather than the NRC.
    Table IV shows the surcharge, and its allocation across the various 
fee classes.

                    Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2016
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                           LLW surcharge               Fee-relief adjustment           Total
                                 -------------------------------------------------------------------------------
                                      Percent            $            Percent            $               $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........              31             1.0            86.1            -0.1             1.0
Spent Fuel Storage/Reactor                   0.0             0.0             3.6            -0.0            -0.0
 Decommissioning................
Research and Test Reactors......             0.0             0.0             0.4             0.0             0.0
Fuel Facilities.................              53             1.8             4.8            -0.0             1.7
Materials Users.................              16             0.5             3.1             0.0             0.5
Transportation..................             0.0             0.0             0.6             0.0             0.0
Rare Earth Facilities...........             0.0             0.0             0.0             0.0             0.0
Uranium Recovery................             0.0             0.0             1.4             0.0             0.0
                                 -------------------------------------------------------------------------------
    Total.......................             100             3.3             100            -0.1             3.2
----------------------------------------------------------------------------------------------------------------

FY 2016 Fee Collection--Revised Annual Fees

    In accordance with SECY-05-0164, ``Annual Fee Calculation Method,'' 
dated September 15, 2005 (ADAMS Accession No. ML052580332), the NRC 
rebaselines its annual fees every year. Rebaselining entails analyzing 
the budget in detail and then allocating the budgeted costs to various 
classes or subclasses of licensees. It also includes updating the 
number of NRC licensees in its fee calculation methodology.
    The NRC revised its annual fees in Sec. Sec.  171.15 and 171.16 to 
recover approximately 90 percent of the NRC's FY 2016 budget authority 
(less non-fee amounts and the amount to be recovered through 10 CFR 
part 170 fees). The total 10 CFR part 170 collections for this final 
rule are $332.7 million, an increase of $11.0 million from the FY 2015 
fee rule. The NRC, therefore, must recover approximately $550.7 million 
through annual fees from its licensees, which is a decrease of $16.3 
million from the FY 2015 final rule.
    Table V shows the rebaselined fees for FY 2016 for a representative 
list of categories of licensees. The FY 2015 amounts are provided for 
comparison purposes.

                                        Table V--Rebaselined Annual Fees
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2015 final   FY 2016 final    Percentage
                   Class/category of licenses                       annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........................................      $4,807,000      $4,659,000            -3.1
+ Spent Fuel Storage/Reactor Decommissioning....................         223,000         197,000           -11.7
                                                                 -----------------------------------------------
    Total, Combined Fee.........................................       5,030,000       4,856,000            -3.5
Spent Fuel Storage/Reactor Decommissioning......................         223,000         197,000           -11.7
Research and Test Reactors (Nonpower Reactors)..................          83,500          81,500            -2.4
High Enriched Uranium Fuel Facility.............................       8,473,000       7,867,000            -7.2
Low Enriched Uranium Fuel Facility..............................       2,915,000       2,736,000            -6.1
UF6 Conversion and Deconversion Facility........................       1,731,000       1,625,000            -6.1
Conventional Mills..............................................          36,100          38,900             7.8
Typical Materials Users:
    Radiographers (Category 3O).................................          25,800          26,000             0.8
    Well Loggers (Category 5A)..................................          14,400          14,500             0.7
    Gauge Users (Category 3P)...................................           8,000           7,900            -1.3
    Broad Scope Medical (Category 7B)...........................          37,500          37,400            -0.3
----------------------------------------------------------------------------------------------------------------

    The work papers (ADAMS Accession No. ML16161A886) that support this 
final rule show in detail how the NRC allocated the budgeted resources 
for each class of licenses and how the fees are calculated. The work 
papers are available as indicated in Section XIV, ``Availability of 
Documents.''
    Paragraphs a. through h. of this section describe budgetary 
resources allocated to each class of licensees and the calculations of 
the rebaselined fees. For more information about detailed fee 
calculations for each class, please consult the accompanying work 
papers.
a. Fuel Facilities
    The NRC will collect $31.6 million in annual fees from the fuel 
facility class.

[[Page 41175]]



                          Table VI--Annual Fee Summary Calculations for Fuel Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2015 final   FY 2016 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $42.8           $40.5            -5.4
Less estimated 10 CFR part 170 receipts.........................           -11.5           -11.7             1.7
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            31.3            28.8            -8.0
Allocated generic transportation................................             0.8             1.1            37.5
Fee-relief adjustment/LLW surcharge.............................             2.1             1.7           -19.1
Billing adjustments.............................................            -0.3             0.0          -100.0
                                                                 -----------------------------------------------
    Total remaining required annual fee recovery................            33.9            31.6            -6.8
----------------------------------------------------------------------------------------------------------------

    In FY 2016, the fuel facilities budgetary resources decreased due 
to continued construction delays at multiple sites, which caused delays 
in NRC operational readiness reviews and NRC inspections. These delays 
further caused the estimated 10 CFR part 170 billings for FY 2016 to 
remain stable compared to FY 2015. Specifically, significant 
construction delays are noted for the Mixed Oxide Fuel Fabrication 
Facility, the International Isotopes facility, and the AREVA NC 
facility.
    As for the annual fees, the NRC allocates annual fees to individual 
fuel facility licensees based on the effort/fee determination matrix 
developed in the FY 1999 final fee rule (64 FR 31447; June 10, 1999). 
To briefly recap, that matrix groups licensees into various categories. 
The NRC's fuel facility project managers determine the effort levels 
associated with regulating each category. This is done by assigning 
separate effort factors for the safety and safeguards activities 
associated with each category (for more information about this matrix, 
see the work papers). These effort levels are reflected in Table VII.

                             Table VII--Effort Factors for Fuel Facilities, FY 2016
----------------------------------------------------------------------------------------------------------------
                                                                                    Effort factors (percent of
                                                                     Number of                total)
                  Facility type  (fee category)                     facilities   -------------------------------
                                                                                      Safety        Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................               2       88 (44.0)       96 (56.5)
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................               3       70 (35.0)       26 (15.3)
Limited Operations (1.A.(2)(a)).................................               0         0 (0.0)         0 (0.0)
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............               1         3 (1.5)        15 (8.8)
Hot Cell (1.A.(2)(c))...........................................               1         6 (3.0)         3 (1.8)
Uranium Enrichment (1.E.).......................................               1       21 (10.5)       23 (13.5)
UF6 Conversion and Deconversion (2.A.(1)).......................               1        12 (6.0)         7 (4.1)
----------------------------------------------------------------------------------------------------------------

    For FY 2016, the total budgeted resources for safety activities are 
$16.2 million. To calculate the annual fee, the NRC allocates this 
amount to each fee category based on its percent of the total 
regulatory effort for safety activities. Similarly, the NRC allocates 
the budgeted resources for safeguards activities ($13.7 million) to 
each fee category based on its percent of the total regulatory effort 
for safeguards activities. Finally, the fuel facility fee class' 
portion of the fee-relief adjustment/LLW surcharge--$1.7 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 for each facility is summarized in Table 
VIII.

                                   Table VIII--Annual Fees for Fuel Facilities
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2015 final   FY 2016 final    Percentage
                  Facility type (fee category)                      annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................      $8,473,000      $7,867,000            -7.2
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................       2,915,000       2,736,000            -6.1
Limited Operations (1.A(2)(a))..................................             0.0             0.0             0.0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............       1,640,000       1,539,000            -6.2
Hot Cell (and others) (1.A.(2)(c))..............................         820,000         770,000            -6.1
Uranium Enrichment (1.E.).......................................       4,009,000       3,762,000            -6.2
UF6 Conversion and Deconversion (2.A.(1)).......................       1,731,000       1,625,000            -6.1
----------------------------------------------------------------------------------------------------------------

b. Uranium Recovery Facilities
    The NRC will collect $0.9 million in annual fees from the uranium 
recovery facilities fee class, a small decrease from FY 2015.

[[Page 41176]]



                    Table IX--Annual Fee Summary Calculations for Uranium Recovery Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2015 final   FY 2016 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $11.3           $12.3             8.9
Less estimated 10 CFR part 170 receipts.........................           -10.1           -11.4            12.9
Net 10 CFR part 171 resources...................................             1.2             0.9           -19.8
Allocated generic transportation................................             N/A             N/A             N/A
Fee-relief adjustment...........................................             0.0             0.0             0.0
Billing adjustments.............................................            -0.1             0.0          -100.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................             1.1             0.9           -18.2
----------------------------------------------------------------------------------------------------------------

    The budgetary resources for uranium recovery increased due to 
additional work expected for the Uranerz Energy-Jane Doe and Strata 
Energy-Kenderick expansions, increased inspection activities for Strata 
Energy-Ross (a new licensee to fleet), and increased hearing 
activities. Although--in comparison to FY 2015--the total required 
amount for annual fee recovery decreased, annual fees for this fee 
class increased because there are less licensees paying annual fees in 
FY 2016 (two licensees, Moore Ranch and Crownpoint, were not included 
in the calculation for annual fees because they were licensed but not 
constructed and, per current NRC policy, are not required to pay annual 
fees).
    The NRC computes the annual fee for the uranium recovery fee class 
by dividing the total annual fee recovery amount among DOE and the 
other licensees in this fee class. The annual fee increase for fee 
categories 2.A.(2)(a-c), 2.A.(4), and 2.A.(5) is mainly due to the 
increase in budgetary resources for increased hearing activities and a 
reduction in the number of licensees over which to spread the budget. 
The NRC regulates DOE's Title I and Title II activities under 
UMTRCA.\1\ The annual fee assesses to DOE the costs specifically 
budgeted for the NRC's UMTRCA Title I and II activities, as well as 10 
percent of the remaining budgeted costs for this fee class. The DOE's 
UMTRCA annual fee decreased because of an increase in estimated 10 CFR 
part 170 billings for DOE's UMTRCA site at Monument Valley. This 
decrease caused the total overall fee recovery amount to decrease for 
this fee class. The NRC assesses the remaining 90 percent of its 
budgeted costs to the rest of the licensees in this fee class, as 
described in the work papers. This is reflected in Table X as follows:
---------------------------------------------------------------------------

    \1\ 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.

                    Table X--Costs Recovered Through Annual Fees; Uranium Recovery Fee Class
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2015 final   FY 2016 final    Percentage
                        Summary of costs                            annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I and Title II) General
 Licenses:
    UMTRCA Title I and Title II budgeted costs less 10 CFR part         $622,898        $503,708           -19.1
     170 receipts...............................................
    10 percent of generic/other uranium recovery budgeted costs.          41,986          41,157            -2.0
    10 percent of uranium recovery fee-relief adjustment........           1,251             -94          -107.5
                                                                 -----------------------------------------------
        Total Annual Fee Amount for DOE (rounded)...............         666,000         545,000           -18.2
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery budgeted costs          377,874         370,415            -2.0
     less the amounts specifically budgeted for Title I and
     Title II activities........................................
    90 percent of uranium recovery fee-relief adjustment........          11,255            -844          -272.4
                                                                 -----------------------------------------------
        Total Annual Fee Amount for Other Uranium Recovery               389,129         369,571           -18.3
         Licenses...............................................
----------------------------------------------------------------------------------------------------------------

    Further, for the non-DOE licensees, the NRC continues to use a 
matrix to determine the effort levels associated with conducting the 
generic regulatory actions for the different (non-DOE) licensees in 
this fee class; this is similar to NRC's approach for fuel facilities, 
described previously.
    The matrix methodology for uranium recovery licensees first 
identifies the licensee categories included within this fee class 
(excluding DOE). These categories are: Conventional uranium mills and 
heap leach facilities; uranium In Situ Recovery (ISR) and resin ISR 
facilities; mill tailings disposal facilities; and uranium water 
treatment facilities. The matrix identifies the types of operating 
activities that support and benefit these licensees, along with each 
activity's relative weight (for more information, see the work papers). 
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:

[[Page 41177]]



                             Table XI--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
                                                     Number of    Benefit factor                  Benefit factor
                  Fee category                       licensees     per licensee     Total value    percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..               1             150             150              11
Basic In Situ Recovery facilities (2.A.(2)(b))..               5             190             950              67
Expanded In Situ Recovery facilities                           1             215             215              15
 (2.A.(2)(c))...................................
11e.(2) disposal incidental to existing tailings               1              85              85               6
 sites (2.A.(4))................................
Uranium water treatment (2.A.(5))...............               1              25              25               2
                                                 ---------------------------------------------------------------
    Total.......................................               9             665           1,425             100
----------------------------------------------------------------------------------------------------------------

    Applying these factors to the approximately $369,571 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]
----------------------------------------------------------------------------------------------------------------
                                                                  FYy 2015 final   FY 2016 final    Percentage
                  Facility type  (fee category)                     annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..................         $36,100         $38,900             7.8
Basic In Situ Recovery facilities (2.A.(2)(b))..................          45,800          49,300             7.6
Expanded In Situ Recovery facilities (2.A.(2)(c))...............          51,800          55,800             7.7
11e.(2) disposal incidental to existing tailings sites (2.A.(4))          20,500          22,000             7.3
Uranium water treatment (2.A.(5))...............................           6,000           6,500             8.3
----------------------------------------------------------------------------------------------------------------

c. Operating Power Reactors
    The NRC will collect $465.9 million in annual fees from the power 
reactor fee class in FY 2016, as shown in Table XIII. The FY 2015 
values and percentage change are shown for comparison.

                    Table XIII--Annual Fee Summary Calculations for Operating Power Reactors
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2015 final   FY 2016 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $762.1          $750.4            -1.5
Less estimated 10 CFR part 170 receipts.........................          -284.1          -287.8             1.3
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................           478.0           462.6            -3.2
Allocated generic transportation................................             1.7             1.8             5.9
Fee-relief adjustment/LLW surcharge.............................             2.1             1.0           -52.4
Billing adjustment..............................................            -5.9             0.6          -110.2
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................           475.9           465.9            -2.0
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2015, the operating power reactors budgetary 
resources decreased in FY 2016 due to a decrease in the budgeted 
activities for new-reactor activities. This decrease is attributable to 
delays in application submittals and a slowdown in requests for design 
certification renewal and construction permits. Accordingly, the FY 
2016 operating power reactor annual fee decreased. In addition to 
decreased budgetary resources, an additional licensee (Watts Bar) was 
added to the operating fleet. This increases the number of licensees 
paying this annual fee, which also, in turn, lowers annual fees 
compared to FY 2015.
    Compared with FY 2015, 10 CFR part 170 estimated billings increased 
due to the design certification work for APR1400 Korea Hydro.
    The recoverable budgeted costs are divided equally among the 100 
licensed power reactors resulting in an annual fee of $4,659,000 per 
reactor. Additionally, each licensed power reactor is assessed the FY 
2016 spent fuel storage/reactor decommissioning annual fee of $197,000 
(see the discussion that follows). The combined FY 2016 annual fee for 
power reactors is, therefore, $4,856,000.
d. Spent Fuel Storage/Reactors in Decommissioning
    The NRC will collect $24.0 million in annual fees from 10 CFR part 
50 power reactors and 10 CFR part 72 licensees who do not hold a 10 CFR 
part 50 license to collect the budgeted costs for spent fuel storage/
reactor decommissioning.

[[Page 41178]]



   Table XIV--Annual Fee Summary Calculations for the Spent Fuel Storage/Reactor in Decommissioning Fee Class
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2015 final   FY 2016 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $32.4           $30.5            -5.9
Less estimated 10 CFR part 170 receipts.........................            -5.9            -7.5            27.1
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            26.5            23.0           -13.2
Allocated generic transportation costs..........................             1.0             1.0            -3.3
Fee-relief adjustment...........................................             0.0             0.0          -106.5
Billing adjustments.............................................            -0.3             0.0          -109.7
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................            27.2            24.0           -11.8
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2015, the annual fee decreased due to a decline 
in budgetary resources for rulemaking security guidance and waste 
research. This decrease is partially offset by the slight increase in 
10 CFR part 170 billings, due to work on the consolidated storage 
facility with Waste Control Specialist and renewal work with 
Transnuclear. The required annual fee recovery amount is divided 
equally among 122 licensees, resulting in an FY 2016 annual fee of 
$197,000 per licensee.
e. Research and Test Reactors (Nonpower Reactors)
    The NRC will collect $0.326 million in annual fees from the 
research and test reactor licensee class.

                    Table XV--Annual Fee Summary Calculations for Research and Test Reactors
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2015 final   FY 2016 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $2.510          $3.799            51.4
Less estimated 10 CFR part 170 receipts.........................          -2.190          -3.510            60.3
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................           0.320           0.289            -9.6
Allocated generic transportation................................           0.032           0.034             6.3
Fee-relief adjustment...........................................           0.002           0.000          -100.0
Billing adjustments.............................................          -0.019           0.003           -84.2
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................           0.334           0.326            -2.3
----------------------------------------------------------------------------------------------------------------

    In FY 2016, the annual fees decreased due to a decline in contract 
support for the non-power reactors and an increase in estimated 10 CFR 
part 170 billings for non-power production and utilization facility 
applications to produce molybdenum-99. 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 2016 annual fee of $81,500 
for each licensee.
f. Rare Earth
    The agency received an application for a rare-earth facility in FY 
2015. The NRC has allocated approximately $460,000 in budgeted 
resources to this fee class. But, because all of these budgetary 
resources will be recovered through 10 CFR part 170 fees, the NRC will 
not collect an annual fee in FY 2016 for this fee class.
g. Materials Users
    The NRC will collect $35.0 million in annual fees from materials 
users licensed under 10 CFR parts 30, 40, and 70.

                         Table XVI--Annual Fee Summary Calculations for Materials Users
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2015 final   FY 2016 final      change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources for licensees not regulated by                    $34.1           $33.2            -2.6
 Agreement States...............................................
Less estimated 10 CFR part 170 receipts.........................            -1.0            -1.1            10.0
                                                                 -----------------------------------------------
    Net 10 CFR part 171 resources...............................            33.1            32.1            -3.0
Allocated generic transportation................................             2.2             2.4             9.1
Fee-relief adjustment/LLW surcharge.............................             0.6             0.5           -16.7
Billing adjustments.............................................            -0.2             0.0          -110.3
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................            35.7            35.0            -2.0
----------------------------------------------------------------------------------------------------------------


[[Page 41179]]

    To equitably and fairly allocate the $35.0 million in FY 2016 
budgeted costs among approximately 2,900 diverse materials users 
licensees, the NRC continues to calculate the annual fees for each fee 
category within this class based on the 10 CFR part 170 application 
fees and estimated inspection costs for each fee category. Because the 
application fees and inspection costs are indicative of the complexity 
of the license, this approach provides 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 method also considers 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.

    For FY 2016, the constant multiplier necessary to recover 
approximately $25.3 million in general costs (including allocated 
generic transportation costs) is 1.52. The average inspection cost is 
the average inspection hours for each fee category multiplied by the 
hourly rate of $265. The inspection priority is the interval between 
routine inspections, expressed in years. The inspection multiplier is 
the multiple necessary to recover approximately $8.9 million in 
inspection costs, and is 1.78 for FY 2016. The unique category costs 
are any special costs that the NRC has budgeted for a specific category 
of licenses. For FY 2016, approximately $249,000 in budgeted costs for 
the implementation of revised 10 CFR part 35, ``Medical Use of 
Byproduct Material (unique costs),'' has been allocated to holders of 
NRC human-use licenses.
    The annual fee assessed to each licensee also includes a share of 
the fee-relief assessment of approximately -$2,000 allocated to the 
materials users fee class (see Table IV, ``Allocation of Fee-Relief 
Adjustment and LLW Surcharge, FY 2016,'' in Section III, 
``Discussion,'' of this document), and for certain categories of these 
licensees, a share of the approximately $525,200 LLW surcharge costs 
allocated to the fee class. The annual fee for each fee category is 
shown in Sec.  171.16(d).
h. Transportation
    The NRC will collect $7.8 million in annual fees to recover generic 
transportation budgeted resources. The FY 2015 values are shown for 
comparison.

                         Table XVII--Annual Fee Summary Calculations for Transportation
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percentage
                    Summary fee calculations                       FY 2015 final   FY 2016 final      change
----------------------------------------------------------------------------------------------------------------
Total Budgeted Resources........................................           $10.0           $11.3            13.0
Less Estimated 10 CFR part 170 Receipts.........................            -2.6            -3.5            11.5
                                                                 -----------------------------------------------
    Net 10 CFR part 171 Resources...............................             7.4             7.8             5.4
Fee-relief adjustment/LLW surcharge.............................             0.0             0.0             0.0
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total required annual fee recovery..........................             7.4             7.8             5.4
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2015, the total budgetary resources for generic 
transportation activities increased due to the rulemaking activities 
involving 10 CFR part 71 Compatibility with IAEA (International Atomic 
Energy Agency) Transportation Standards and Improvements, which is 
offset by the increase in part 170 estimated billings for licensing 
review work involving Holtec International, EnergySolutions and Areva 
Federal Services.
    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30721; May 30, 2006), the NRC recovers 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 Certificates of Compliance 
(CoCs) used by each fee class (and DOE) by the total generic 
transportation resources to be recovered. The DOE annual fee decrease 
is mainly due to 10 CFR part 171 billing adjustments.
    This resource distribution to the licensee fee classes and DOE is 
shown in Table XVIII. Specifically, for the research and test reactors 
fee class the NRC allocates the distribution to only the licensees that 
are subject to annual fees. Three CoCs benefit the entire research and 
test reactor class, but only 4 out 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 reactors annual fees is adjusted to 0.4 so that the licensees 
subject to annual fees are charged a fair and equitable portion of the 
total. For more information see the final rule work papers.

                     Table XVIII--Distribution of Generic Transportation Resources, FY 2016
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Allocated
                                                                  Number of CoCs   Percentage of      generic
                      License fee class/DOE                       benefiting fee    total CoCs    transportation
                                                                   class or DOE                      resources
----------------------------------------------------------------------------------------------------------------
DOE.............................................................            18.0            20.4             1.6
Operating Power Reactors........................................            20.0            22.6             1.8
Spent Fuel Storage/Reactor Decommissioning......................            11.0            12.5             1.0

[[Page 41180]]

 
Research and Test Reactors......................................             0.4             0.4             0.0
Fuel Facilities.................................................            12.0            13.6             1.0
Materials Users.................................................            27.0            30.5             2.4
                                                                 -----------------------------------------------
    Total.......................................................            88.4           100.0             7.8
----------------------------------------------------------------------------------------------------------------

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

FY 2016--Fee Policy Change

    The NRC makes one policy change:
Charging User Fees for NRC Work Spent on Responding to Touhy Requests 
\2\
---------------------------------------------------------------------------

    \2\ The name ``Touhy'' is derived from the leading Supreme Court 
case in this area, United States ex rel Touhy v. Ragen, 340 U.S. 462 
(1951).
---------------------------------------------------------------------------

    The NRC's Touhy regulations--found at 10 CFR 9.200 through 9.204--
govern the manner in which the NRC responds to third-party subpoenas or 
demands for official information served on agency employees. Those 
third-party subpoenas seek NRC employees to produce documents, to 
testify, or to do both, in outside litigation in which neither the NRC 
nor the United States is a named party.
    Currently, NRC regulations do not authorize the NRC to collect user 
fees for the work it performs either collecting and providing documents 
or providing oral testimony in depositions or before an administrative 
or judicial tribunal. Yet, NRC work on some Touhy requests can be quite 
substantial. Without an existing regulation authorizing the NRC to 
collect user fees, the costs of this work must be recovered through 
annual fees under 10 CFR part 171. Therefore, the NRC amends its 
regulations to begin assessing 10 CFR part 170 user fees to recover the 
NRC staff's costs when responding to significant Touhy requests once 
NRC work on a request exceeds 50 hours.
    The authority for assessing these fees comes from the same statute 
that provides the authority for the NRC's 10 CFR part 170 fee schedule. 
That statute--the IOAA--sets forth Congressional policy that ``each 
service or thing of value provided by an agency . . . to a person . . . 
is to be self-sustaining to the extent possible.'' \3\ Here, when the 
NRC complies with a third-party demand for information, the NRC is 
bestowing a benefit on a private litigant because the NRC is aiding 
that private litigant in its litigation by providing the information. 
That benefit is not shared by other members of society. The NRC's work 
on substantial Touhy requests should, therefore, be recovered under 10 
CFR part 170 rather than the current process, which bins those costs to 
10 CFR part 171. This full-cost recovery under 10 CFR part 170 would 
apply to both requests for documents and requests for oral 
testimony.\4\
---------------------------------------------------------------------------

    \3\ 31 U.S.C. 9701.
    \4\ ``Oral testimony'' in the Touhy context includes requests 
for both testimony during administrative and judicial proceedings, 
as well as depositions.
---------------------------------------------------------------------------

    Additionally, the NRC has created a fifty hour de minimis fee 
exception to ensure that 10 CFR part 170 fees are assessed for only 
significant Touhy requests.\5\ This is because the NRC believes that 
non-corporate Touhy requests for a limited set of documents should not 
be subject to fees. Once NRC work on a Touhy exceeds fifty hours, 
however, the Touhy requester will be billed for the full amount of 
work--this provides an incentive for Touhy requesters to keep their 
requests from becoming overly burdensome.\6\
---------------------------------------------------------------------------

    \5\ The NRC chose fifty hours because past experience shows that 
fifty hours provides a demarcation point between significant and 
insignificant Touhy requests. As an illustrative example, a common 
type of Touhy request involves a request for documents in a divorce 
proceeding, where one of the ex-spouses works at the NRC, and the 
other ex-spouse needs access to certain personnel files (such as 
that NRC employee's work schedule) for purposes of addressing 
custody, etc. These cases involve simple requests for discrete and 
non-deliberative documents, require limited processing time, and 
thus should not be subject to user fees.
    \6\ Even if the Touhy request exceeds fifty hours, that Touhy 
requester would still be able to seek a fee exemption under Sec.  
170.11(b) if the facts are such that granting a fee exemption would 
be ``in the public interest.''
---------------------------------------------------------------------------

FY 2016--Administrative Changes

    The NRC also makes three administrative changes:
1. Increase Direct Hours per Full-Time Equivalent in the Hourly Rate 
Calculation
    The hourly rate in 10 CFR part 170 is calculated by dividing the 
cost per direct FTE by the number of direct hours per direct FTE in a 
year. ``Direct hours'' are hours charged to mission-direct activities 
in the Nuclear Reactor Safety Program and Nuclear Materials and Waste 
Safety Program. The FY 2015 final fee rule used 1,420 hours per direct 
FTE in the hourly rate calculations. During the FY 2016 budget 
formulation process, the NRC staff reviewed and analyzed time and labor 
data from FY 2014 through FY 2015 to determine whether it should revise 
the direct hours per FTE. Between FY 2014 and FY 2015, the total direct 
hours charged by direct employees increased. The increase in direct 
hours was apparent in all mission business lines. To reflect this 
increase in productivity as demonstrated by the time and labor data, 
the NRC staff determined that the number of direct hours per FTE should 
increase to 1,440 hours for FY 2016.
2. Amend Language Under 10 CFR 170.11 To Clarify Exemption Requirements
    The NRC amends the language under 10 CFR 170.11(a)(1) to clarify 
when stakeholders can receive a fee exemption after submitting a report 
to the NRC for review. The NRC removed paragraph (a)(1)(iii) and 
instead will rely on the related criteria in exemptions in paragraphs 
(a)(1)(i) and (a)(1)(ii) for the distinct criteria that stakeholders 
can use to receive a fee exemption after NRC review of a ``special 
project that is a request/report submitted to the NRC.'' The NRC also 
moved the requirements in current paragraph (a)(1)(iii)(C) that require 
stakeholders to submit their fee exemption requests in writing to the 
Chief Financial Officer to a new paragraph (a)(13). These requirements 
will now apply to all fee exemption criteria, not just special 
projects.

[[Page 41181]]

3. Change Small Entity Fees
    In accordance with NRC policy, the NRC staff conducted a biennial 
review in 2015 of small entity fees to determine whether the NRC should 
change those fees. The NRC staff used 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 when performing its 
biennial review. As a result of the NRC staff's review, the upper tier 
small entity fee increased from $2,800 to $4,000 and the lower-tier fee 
increased from $600 to $900. This constituted a 43-percent and 50-
percent increase, respectively. Implementing this increase would have 
had a disproportionate impact upon the NRC's small licensees compared 
to other licensees, and so the NRC staff revised the increase to 21 
percent for the upper-tier fee. The NRC staff chose 21 percent based on 
the average percentage increase for the prior two biennial reviews of 
small entity fees. Because of a technical oversight, the change was not 
included in the FY 2015 final fee rule. Accordingly, the NRC staff now 
amends the upper-tier small entity fee to $3,400 and amends the lower-
tier small entity fee to $700 for FY 2016. The NRC staff believes these 
fees are reasonable and provide relief to small entities while at the 
same time recovering from those licensees some of the NRC's costs for 
activities that benefit them.

FY 2016--Billing

    The FY 2016 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 2016 will become effective 60 days after 
publication of the final rule in the Federal Register. Upon publication 
of the final rule, the NRC will send an invoice for the amount of the 
annual fees to reactor licensees, 10 CFR part 72 licensees, major fuel 
cycle facilities, and other licensees with annual fees of $100,000 or 
more. For these licensees, payment is due 30 days after the effective 
date of the FY 2016 final rule. Because these licensees are billed 
quarterly, the payment amount due is the total FY 2016 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 2016 falls before the effective date of the FY 2016 
final rule will be billed for the annual fee during the anniversary 
month of the license at the FY 2015 annual fee rate. Those materials 
licensees whose license anniversary date falls on or after the 
effective date of the FY 2016 final rule will be billed for the annual 
fee at the FY 2016 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 2016 proposed fee rule in the Federal 
Register on March 23, 2016 (81 FR 15457), for a 30-day public comment 
period. The rule proposed to amend the licensing, inspection, special 
project, and annual fees charged to the NRC's applicants and licensees 
and, for the first time, proposed to recover the NRC's costs when it 
responds to third-party demands for information in litigation where the 
United States is not a party (``Touhy requests''). These proposed 
amendments were necessary to implement OBRA-90, as amended, which 
requires the NRC to recover approximately 90 percent of its annual 
budget through fees. The public comment period for the proposed rule 
closed on April 22, 2016.
    The NRC also held a public meeting on April 13, 2016, to provide 
more transparency regarding fees in relation to the budget process and 
fulfill its commitment to external stakeholders to address NRC program 
processes and inefficiencies mentioned in the comments submitted for 
the FY 2015 proposed fee rule. During the public meeting, the NRC 
received no comments on the FY 2016 proposed fee rule. The public 
meeting transcript is available as indicated in Section XIV, 
Availability of Documents, of this document.

IV. Public Comment Analysis

Overview of Public Comments

    The NRC received seven written comment submissions for the proposed 
rule. A comment submission for the purpose of this rule is defined as 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. In general, the commenters 
were supportive of the specific proposed regulatory changes, although 
most commenters expressed concerns about broader fee-policy issues 
related to transparency and fairness.
    The commenters are listed in Table XXII, and are classified as 
follows: Three members of the uranium industry (Kennecott Uranium 
Company, Wyoming Mining Association (WMA), and Uranerz Energy 
Corporation); one nuclear materials licensee (Rendezvous Engineering); 
one nuclear medicine materials licensee (anonymous); one nuclear power 
plant (Southern Nuclear Operating Company); and one industry trade 
group (Nuclear Energy Institute (NEI)).

                           Table XIX--FY 2016 Proposed Fee Rule Commenter Submissions
----------------------------------------------------------------------------------------------------------------
              Commenter                       Affiliation            ADAMS Accession No.           Acronym
----------------------------------------------------------------------------------------------------------------
Anonymous............................  Bell Hospital...........  ML16113A270                 ...................
Jonathan Downing.....................  Wyoming Mining            ML16113A271                 WMA
                                        Association.
Anthony R. Pietrangelo...............  Nuclear Energy Institute  ML16113A272                 NEI
Oscar Paulson........................  Kennecott Uranium         ML16113A273                 N/A
                                        Company.
C.R. Pierce..........................  Southern Nuclear          ML16116A030                 SNC
                                        Operating Company.
William P. Goranson..................  Uranerz Energy            ML16117A254                 N/A
                                        Corporation.
Matthew Ostdiek......................  Rendezvous Engineering,   ML16126A366                 N/A
                                        P.C.
----------------------------------------------------------------------------------------------------------------

    Information about obtaining the complete text of the comment 
submissions is available in Section XIV, ``Availability of Documents,'' 
of this document.
Public Comments and NRC Responses
    The NRC has carefully considered the public comments received. The 
comments have been organized by topic followed by the NRC response.
A. Hourly Rate
    Comment: The hourly rate--despite the decrease from $268 to $266--
remains high in comparison to the hourly rates of consultants working 
in

[[Page 41182]]

the uranium recovery industry. (Kennecott Uranium Company, Wyoming 
Mining Association, and Uranerz Energy Corporation)
    Response: To the extent the commenter believes that the NRC's 
hourly rate should be comparable to the hourly rate for uranium-
recovery consultants, the NRC disagrees with this comment. All fees 
assessed to licensees and applicants by the NRC must conform to OBRA-90 
and IOAA requirements, in contrast to industry consultants working for 
the uranium recovery industry. Under the IOAA, the NRC must recover its 
full costs of providing specific regulatory benefits to identifiable 
applicants and licensees. In so doing, the NRC establishes an hourly 
rate for its work. Consistent with the IOAA, the NRC determines its 
hourly rate by dividing the sum of recoverable budgeted resources for: 
(1) Mission-direct program salaries and benefits; (2) mission-indirect 
program support; and (3) agency support--which includes corporate 
support, office support (FY 2015 only), and the IG. 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.
    No change was made to the final rule in response to this comment.
    Comment: The hourly rate calculation identifies $362.9 million in 
mission-direct program activities, which represents only 41 percent of 
the total adjusted amount that the NRC must recover through fees 
($883.9 million). This shows that the budget portion allocated to 
``corporate support'' (which is a key factor in the hourly rate 
calculation) is disproportionally large in comparison to those 
resources allocated for mission-direct and mission-indirect activities. 
Further, the NRC's reclassification of ``office support'' activities 
into either ``corporate support'' or ``mission-indirect support'' gives 
the appearance of a greater reduction in corporate support activities 
than actually took place. The NRC needs to reduce these non-mission 
direct activities. (NEI)
    Response: The NRC disagrees that the budget portion allocated to 
corporate support is disproportionate to resources allocated to mission 
activities. First, in calculating the percentage of mission-direct 
program activities, the commenter does not take into account all 
mission-direct resources contained in the total budget authority 
presented in the FY 2016 proposed fee rule. The $362.9 million 
referenced by the commenter includes only mission-direct salaries and 
benefits--it does not include the mission-direct amount for contract 
support, which is an additional $154.9 million. Although not included 
within the hourly rate, mission-direct contract support is a 
significant component of the direct costs within the agency's total 
budget authority. Total mission-direct program activities--including 
salaries, benefits, and contract support--equals $517.8 million. 
Further, the $138.7 million that the NRC budgeted for mission-indirect 
program support brings the NRC's total budgeted mission costs to $656.5 
million.
    Second, the NRC disagrees that reclassification of office support 
activities into either ``corporate support'' or ``mission-indirect 
support'' gives the appearance of a greater reduction in corporate 
support than actually took place. During the 5-year period when the 
agency used the office support budget structure, mission-indirect 
resources--including supervisory FTE in the agency's program offices 
and regions, and other programmatic support resources--were identified 
as agency corporate support in the annual fee rule, thus making the 
portion of the budget allocated to corporate support appear larger than 
it actually was. The reclassification of office support returns 
mission-indirect resources to their location in the budget prior to FY 
2011; in so doing, these resources are now once again properly 
represented in the annual fee rule as program costs rather than 
corporate costs. Although the budget structure change results in a more 
appropriate categorization of agency support resources, it does not 
affect the treatment of mission-indirect resources in the final fee 
rule calculations. Even when budgeted as office support, mission-
indirect costs were recovered in the hourly rate, and they continue to 
be recovered through the hourly rate after re-categorization.
    The NRC has taken a hard look at overhead resources, reducing both 
FTE and contract support dollars through streamlining initiatives. 
Final FY 2016 resources for agency support reflect reductions in the 
corporate support portion of the budget, as compared to the FY 2016 
Congressional Budget Justification. The NRC will implement further 
reductions to corporate support and mission-indirect resources in FY 
2017.
    No change was made to the final rule in response to this comment.
B. Fairness of Fees
    Comment: As the number of NRC licensees decline, the fact that the 
NRC's budget has not correspondingly declined means that the remaining 
licensees must pay higher annual fees. For example, in situ recovery 
facilities fees have increased 71 percent since FY 2012. And, as more 
power reactors leave the fleet, the current fee structure will require 
the remaining licensees to bear an even higher annual fee burden. (NEI)
    Response: The fees assessed to licensees and applicants by the NRC 
must conform to OBRA-90, which requires the NRC to collect 
approximately 90 percent of its annual budget authority (less certain 
excluded items) through both user fees and annual fees. The NRC can 
assess these annual fees only to licensees or certificate holders, and 
the annual fee schedule must be fair and must equitably allocate annual 
fees among the NRC's many licensees. To ensure optimal compliance with 
OBRA-90, the NRC makes continual organizational improvements to align 
its resources needed to support its regulatory activities. This should 
help mitigate licensees leaving a fee class by helping the NRC develop 
budgets that account for regulating a fee class with a declining number 
of licensees. The NRC is also conducting a separate effort to obtain 
public comment on a number of broader issues related to NRC fees. For 
information on the issues and comments received, please see http://regulations.gov under Docket ID NRC-2016-0056.
    No change was made to the final rule in response to this comment.
C. Uranium Recovery
    Comment: The NRC proposed to increase uranium recovery annual fees 
by over 10 percent for each uranium recovery fee category. The NRC has 
not justified this increase and must provide a detailed explanation as 
to why annual fees are increasing by this much. Specifically, to the 
extent that annual fees are increasing due to increased inspection 
activities and other additional work, then that work should be 
recovered through 10 CFR part 170 hourly charges rather than 10 CFR 
part 171 annual fees. Also, based on invoices received by Kennecott 
Uranium Company, it appears that uranium recovery licensees are 
adequately supporting the NRC's uranium recovery program through the 
payment of hourly charges. (Kennecott Uranium Company, Wyoming Mining 
Association, and Uranerz Energy Corporation)
    Response: The NRC disagrees with the commenter's argument that the 
NRC has not justified the increase in uranium recovery annual fees. The 
primary reason for the increase was a decrease

[[Page 41183]]

in the number of licensees that were required to pay annual fees. Two 
licensees, Moore Ranch and Crownpoint, were not included in the 
calculation for annual fees because they were licensed but not 
constructed; per current NRC policy, therefore, those licensees are not 
required to pay annual fees. Further, in FY 2016, activities that 
cannot be billed under the hourly charges in 10 CFR part 170 continued. 
An example of these activities include hearings associated with four 
application reviews: (i) The Crow Butte license renewal; (ii) the Crow 
Butte Marsland new license review; (iii) the Powertech Dewey Burdock 
new license review; and (iv) the Strata Ross new license. In these 
hearings, the NRC's technical staff supports the Office of the General 
Counsel by providing expert testimony on areas such as groundwater, the 
National Environmental Policy Act, Tribal consultation, seismology, and 
geochemistry. Other examples of part 171 activities include NRC staff 
support for non-licensing tasks (such as responding to inquiries, 
meetings with the U.S. Environmental Protection Agency regarding their 
draft 40 CFR part 192 Rule, regulatory guidance development, and Tribal 
outreach).
    No change was made to the final rule in response to this comment.
    Comment: More uranium recovery activities should be paid out of the 
congressional 10-percent appropriation to lower fees for uranium 
recovery licensees. (Uranerz Energy Corporation)
    Response: The NRC disagrees that more uranium recovery activities 
should be paid out of the congressional 10-percent appropriation. The 
NRC accounts for its 10-percent congressional appropriation by 
budgeting for ``fee-relief'' activities. These typically include 
activities that are not attributable to an existing NRC licensee or 
class of licensee. Or they include activities for which the NRC cannot 
collect fees under existing law. Historically, the NRC has not 
designated uranium recovery activities as fee-relief activities because 
uranium activities are attributable to a discrete class of licensees, 
and the NRC can lawfully assess fees to uranium recovery licensees 
under OBRA-90 and the IOAA. Here, the commenter has not explained why 
the NRC should allocate a portion of uranium recovery activities to fee 
relief given the fact that the NRC can identify uranium recovery 
licensees and can lawfully assess fees to those licensees.
    No change was made to the final rule in response to this comment.
    Comment: There is an error in the FY 2016 proposed work papers in 
Section III.A. Specifically, under the table for ``Mission-Direct 
Budgeted Resources,'' there is no description for line 5, and line 12 
does not properly sum from lines 5, 8, 10, and 11. (Uranerz Energy 
Corporation)
    Response: The NRC disagrees that there is an error in the FY 2016 
proposed work papers in Section III.A. relating to the table for 
``Mission-Direct Budgeted Resources'' because such a table is not 
included in this section of the work papers. But, the NRC agrees that 
within the work papers--specifically section III.B.2.b--the description 
for line 5 ``Net Part 171 Allocations--with allocated transportation,'' 
was unintentionally omitted by the NRC. The NRC also understands that 
reconciling the amounts illustrated in the summary for the annual fee 
lines 5, 8, 10 and 11 could be clearer due to the dissimilar decimal 
points used for rounding. The NRC will correct the final fee rule work 
papers to include the omitted line description and reuse decimal 
placement for consistency.
    No change was made to the final rule in response to this comment 
(but a change was made to the work papers).
D. Touhy Fees
    Comment: For the first time, the NRC is proposing to recover costs 
associated with processing third-party demands for information in 
litigation where the United States is not a party. How will the NRC 
ensure that these costs are actually directly billed to the third party 
so that they are not passed on to other licensees through annual fees? 
(Kennecott Uranium Company and Wyoming Mining Association)
    Response: Touhy requests are sent directly to the Office of the 
General Counsel in the form of a subpoena or other demand for 
information. The Offices of the General Counsel and Chief Financial 
Officer have developed internal controls to capture and track all NRC 
staff time spent on Touhy requests by using unique Cost Activity Codes. 
When the Office of the General Counsel receives a subpoena, it will 
validate the request, identify the billable party, and request a Cost 
Activity Code that is unique to the subpoena for billing purposes under 
10 CFR part 170. This process will further use a mechanism to identify 
when the de minimis threshold (50 hours) is reached to ensure only 
those requests exceeding fifty hours are billed under 10 CFR part 170.
    No change was made to the final rule in response to this comment.
E. Miscellaneous
    Comment: How is this proposed rule going to affect the licensing 
fees for Bell Hospital in Ishpeming, Michigan? Is this hospital listed 
as a small entity? (Anonymous)
    Response: Bell Hospital in Ishpeming, Michigan, currently holds a 
license for Medical Institution--Limited Scope--Written Directive 
Required (program code 02120; fee category 7.C.) and Source Material 
Shielding (program code 11210; fee category 2.B.). Per the FY 2015 
final fee rule and the FY 2016 proposed fee rule, the annual fee for 
fee category 7.C. is unchanged at $13,300; therefore, the FY 2016 final 
fee rule will not affect the fee for this portion of the license. 
Further, licensees that pay fees under fee category 7.C. are not 
subject to fees under fee category 2.B. for possession and shielding 
authorized on the same license. Therefore, the FY 2016 final fee rule 
will not have any impact to the fees Bell Hospital is currently paying. 
Finally, Bell Hospital is not currently considered a small entity by 
the NRC.
    No change was made to the final rule in response to this comment.
    Comment: The proposed fee rule identified $12.6 million for 
international assistance activities as a fee-relief activity. Yet, 
there are no other listed budgeted costs related to other international 
activities in the proposed rule. The work papers do list total funding 
for international activities as being $23.2 million, which leaves 
approximately $10.6 million in international activities that were 
rolled into the fee base. To the extent this additional $10 million was 
also spent on international cooperation or international assistance 
activities, then it is not clear what direct benefit the domestic 
regulated community is receiving through these activities. (NEI)
    Response: As stated in the proposed rule, the amount of 
international assistance activities that the NRC allocated to 
international fee relief is $12.6 million. The amount not included 
under international fee relief activities represents international 
resources that the NRC assigned to each mission-direct fee class. 
Specifically, these resources represent international cooperation 
activities (rather than international assistance activities). These 
cooperation activities do, in fact, benefit a group of NRC licensees. 
For example, international cooperative activities involve sharing 
information, knowledge, and technical expertise with the NRC's 
international regulatory counterparts. This enhances the NRC's 
regulatory programs by providing direct input into

[[Page 41184]]

the NRC's regulation and oversight of its licensees. International 
cooperation activities also provide other benefits to NRC licensees, 
such as collaborative research that is relevant to the NRC's regulatory 
programs. The NRC continuously assesses and, where relevant, 
incorporates international operating experience and research insights 
into the NRC's domestic regulatory program. For example, power reactor 
licensees may benefit from international efforts to exchange 
information on regulatory experience and expertise on construction, 
startup, and the operation of nuclear power plants.
    No change was made to the final rule in response to this comment.
    Comment: In the FY 2015 final fee rule, the NRC revised its 
methodology for charging overhead time for project managers and 
resident inspectors under 10 CFR part 170. Specifically, the NRC 
started to allocate overhead costs to each licensee based on direct 
time to each docket to ensure that a licensee's overhead costs were 
proportional to the regulatory services rendered by the NRC. This has 
led, in some cases, to licensees being double- or triple-charged for 
project manager time. For example, some licensees have received 
invoices for project manager time being charged through the 6-percent 
project manager allocation, project management TACs, and directly 
technical TACs. The NRC should be more consistent and try to avoid 
multiple billings for the same work. (NEI)
    Response: To the extent the commenter believes that the NRC is 
double- and triple- billing licensees, the NRC disagrees with this 
comment. The NRC staff charges to direct billable cost activity codes 
(CACs) only when that work benefits a single, identifiable licensee. 
The project manager (PM)/resident inspector (RI) allocation recovers 
the costs for all PMs and senior resident inspectors (SRIs) that are 
not directly attributable to a single licensee, but rather benefit the 
entire class of licensees (e.g., indirect activities such as PM 
technical support to the regional offices, PM training and attendance 
at conferences, PM participation in working groups). When a PM or SRI 
supports work under this allocation, the PM is not directly billing a 
licensee. This activity is pooled and distributed to all licensees as 6 
percent of the direct labor charges provided by agency staff. Because 
these activities ultimately benefit all licensees, the agency has 
instituted average cost recovery to recover from all licensees for 
these activities.
    No change was made to the final rule in response to this comment.
    Comment: Regarding small entity size standards, the NRC should 
consider establishing lower licensing fees by creating one or more 
additional steps between the $520,000 to $7,500,000 range. A fee rate 
schedule with more steps for small businesses would help reduce the 
license fee burden on the smaller entities. (Rendezvous Engineering, 
P.C.)
    Response: To reduce the burden of the NRC's annual fees on small 
entities, the NRC established the maximum small entity fee in 1991. In 
FY 1992, the NRC introduced a second lower tier to the small entity 
fee. Because the NRC's methodology for small entity size standards has 
been approved by the Small Business Administration, the NRC did not 
modify its current methodology for this rulemaking. The NRC is 
currently reviewing its small business size standards to determine if a 
change is needed to the number of fee steps in order to fairly and 
equitably access fees for all licensees.
    No change was made to the final rule in response to this comment.
E. Comments on Matters Not Related to This Rulemaking
    Some comments suggested that the NRC implement a number of 
recommendations to streamline the regulatory process, prepare more 
detailed invoices, examine staffing and the NRC's budget structure, 
increase travel funds to allow for the audits of topical reports, etc. 
Other commenters expressed their belief that uranium recovery sites 
should require the least amount of NRC regulatory oversight because 
they are the lowest risk sector of the nuclear fuel cycle.
    All of these matters are outside 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 recover approximately 90 percent of 
the appropriations that 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 in order to ensure 
compliance with OBRA-90, as amended.
    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. For example the NRC 
published a request for information on March 22, 2016, 81 FR 15352. 
This request asked for input from the stakeholders regarding the 
general communications the NRC provides about its fees and the public's 
understanding of the NRC's fee setting process. Though comments 
addressing these issues may not be within the scope of this fee 
rulemaking, the NRC will consider this input in its future program 
operations.

V. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, as 
amended,\7\ the NRC has prepared a regulatory flexibility analysis 
(RFA) relating to this final rule. The RFA is available as indicated in 
Section XIV, Availability of Documents, of this document.
---------------------------------------------------------------------------

    \7\ 5 U.S.C. 603. The Regulatory Flexibility Act, 5 U.S.C. 601-
612, has been amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 
Stat. 847 (1996).
---------------------------------------------------------------------------

VI. Regulatory Analysis

    Under OBRA-90 and the AEA, the NRC is required to recover 90 
percent of its budget authority, or total appropriations of $1,002.1 
million, in FY 2016. The NRC established fee methodology guidelines for 
10 CFR part 170 in 1978, and established additional fee methodology 
guidelines for 10 CFR part 171 in 1986. In subsequent rulemakings, the 
NRC has adjusted its fees without changing the underlying principles of 
its fee policy to ensure that the NRC continues to comply with the 
statutory requirements for cost recovery in 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.

VII. 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.

[[Page 41185]]

VIII. 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).

IX. 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 an environmental assessment has been prepared for 
this final rule.

X. Paperwork Reduction Act

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

XI. 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.

XII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this final rule, the NRC 
proposes to amend the licensing, inspection, and annual fees charged to 
its licensees and applicants, as necessary, to recover approximately 90 
percent of its budget authority in FY 2016, as required by OBRA-90, as 
amended. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

XIII. Availability of Guidance

    The Small Business Regulatory Enforcement Fairness Act requires all 
Federal agencies to prepare a written compliance guide for each rule 
for which the agency is required by 5 U.S.C. 604 to prepare a 
regulatory flexibility analysis. The NRC, in compliance with the law, 
prepared the ``Small Entity Compliance Guide'' for the FY 2015 final 
fee rule. This document, which has been relabeled for FY 2016, 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 2017.

XIV. 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/
                Document                    Federal Register citation
------------------------------------------------------------------------
FY 2016 Final Rule Work Papers.........  ML16161A886.
FY 2016 Regulatory Flexibility Analysis  ML16144A548.
FY 2016 U.S. Nuclear Regulatory          ML16043A334.
 Commission Small Entity Compliance
 Guide.
NUREG-1100, Volume 31, ``Congressional   NRC: Congressional Budget
 Budget Justification: Fiscal Year        Justification: Fiscal Year
 2016'' (February 2, 2015).               2016 (NUREG-1100, Volume 31).
NRC Form 526, Certification of Small     http://www.nrc.gov/reading-rm/
 Entity Status for the Purposes of        doc-collections/forms/
 Annual Fees Imposed under 10 CFR Part    nrc526.pdf.
 171.
Consolidated and Further Continuing      https://www.congress.gov/bill/
 Appropriations Act, 2016.                114th-congress/house-bill/2029/
                                          text.
SECY-05-0164, ``Annual Fee Calculation   ML052580332.
 Method,'' September 15, 2005.
FY 2016 Proposed Fee Rule Comment        ML16138A011.
 Submissions.
Transcript of Public Meeting on Fees,    ML16105A045.
 April 13, 2016.
OMB's Circular A-25, ``User Charges''..  https://www.whitehouse.gov/omb/circulars_default.
FY 2016 Proposed Fee Rule..............  ML16048A188.
FY 2016 Proposed Rule Work Papers......  ML16056A437.
Meeting Summary Notes for the Public     ML16113A109.
 Meeting on the FY 2016 Proposed Fee
 Rule held on April 13, 2016.
------------------------------------------------------------------------

List of Subjects

10 CFR Part 9

    Administrative practice and procedure, Courts, Criminal penalties, 
Freedom of information, Government employees, Privacy, Reporting and 
recordkeeping requirements, Sunshine Act.

10 CFR Part 170

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

10 CFR Part 171

    Annual charges, 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 9, 170, and 171.

PART 9--PUBLIC RECORDS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 
2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 
44 U.S.C. 3504 note.
    Subpart A also issued under 31 U.S.C. 9701.
    Subpart B also issued under 5 U.S.C. 552a.
    Subpart C also issued under 5 U.S.C. 552b.


0
2. Revise Sec.  9.201 to read as follows:


Sec.  9.201  Production or disclosure prohibited unless approved by 
appropriate NRC official.

    (a) No employee of the NRC shall, in response to a demand of a 
court or other judicial or quasi-judicial authority,

[[Page 41186]]

produce any material contained in the files of the NRC or disclose, 
through testimony or other means, any information relating to material 
contained in the files of the NRC, or disclose any information or 
produce any material acquired as part of the performance of that 
employee's official duties or official status without prior approval of 
the appropriate NRC official. When the demand is for material contained 
in the files of the Office of the Inspector General or for information 
acquired by an employee of that Office, the Inspector General is the 
appropriate NRC official. In all other cases, the General Counsel is 
the appropriate NRC official.
    (b) Any NRC response to a demand of a court or other judicial or 
quasi-judicial authority that requires an employee of the NRC to expend 
more than 50 hours of official time shall be subject to hourly fees in 
accordance with 10 CFR 170.12(d).

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

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

    Authority:  Atomic Energy Act of 1954, secs. 11, 161(w) (42 
U.S.C. 2014, 2201(w)); Energy Reorganization Act of 1974, sec. 201 
(42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 901, 902, 9701; 44 
U.S.C. 3504 note.

0
4. Revise Sec.  170.1 to read as follows:


Sec.  170.1  Purpose.

    The regulations in this part set out fees charged for licensing 
services, inspection services, and special projects rendered by the 
Nuclear Regulatory Commission as authorized under title V of the 
Independent Offices Appropriation Act of 1952 (31 U.S.C. 9701(a)).

0
5. In Sec.  170.2, add paragraph (u) to read as follows:


Sec.  170.2  Scope.

* * * * *
    (u) Submitting a Touhy request, pursuant to 10 CFR 9.200 through 
9.204, as defined in Sec.  170.3.

0
6. In Sec.  170.3, add, in alphabetical order, the definition for Touhy 
request, to read as follows:


Sec.  170.3  Definitions.

* * * * *
    Touhy request means a request for NRC records or NRC testimony that 
is made pursuant to the NRC's regulations at 10 CFR 9.200 through 
9.204.
* * * * *

0
7. In Sec.  170.11, revise paragraph (a)(1)(ii), remove paragraph 
(a)(1)(iii), and add paragraph (a)(13) to read as follows:


Sec.  170.11  Exemptions.

    (a) * * *
    (1) * * *
    (ii) When the NRC, at the time the request/report is submitted, 
plans to use the information in response to an NRC request from the 
Office Director level or above to resolve an identified safety, 
safeguards, or environmental issue, or to assist the NRC in generic 
regulatory improvements or efforts (e.g., rules, regulatory guides, 
regulations, policy statements, generic letters, or bulletins).
* * * * *
    (13) All fee exemption requests must be submitted in writing to the 
Chief Financial Officer in accordance with Sec.  170.5, and the Chief 
Financial Officer will grant or deny such requests in writing.
* * * * *

0
8. In Sec.  170.12, revise paragraphs (d)(1)(v) and (vi) and add 
paragraph (d)(1)(vii) to read as follows:


Sec.  170.12  Payment of fees.

* * * * *
    (d) * * *
    (1) * * *
    (v) 10 CFR 50.71 final safety analysis reports;
    (vi) Contested hearings on licensing actions directly involving U.S 
Government national security initiatives, as determined by the NRC; and
    (vii) Responses to Touhy requests that require the NRC staff to 
expend more than 50 hours of official time. Fees for Touhy requests 
will be billed at the appropriate hourly rate established in Sec.  
170.20.

0
9. 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 $265 per hour.

0
10. In Sec.  170.21, in the table, revise fee categories J. and K. and 
add footnote 5 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\
------------------------------------------------------------------------
 
                              * * * * * * *
J. Special Projects:
    Approvals and preapplication/         Full Cost.
     licensing activities.
    Inspections \3\.....................  Full Cost.
    Contested hearings on licensing       Full Cost.
     actions directly related to U.S.
     Government national security
     initiatives.
    Touhy requests \5\..................  Full Cost.
K. Import and export licenses:
Licenses for the import and export only
 of production or utilization facilities
 or the export only of components for
 production or utilization facilities
 issued under 10 CFR part 110.
    1. Application for import or export
     of production or utilization
     facilities \4\ (including reactors
     and other facilities) and exports
     of components requiring Commission
     and Executive Branch review, for
     example, actions under 10 CFR
     110.40(b).
        Application--new license, or      $17,200.
         amendment; or license exemption
         request.
    2. Application for export of reactor
     and other components requiring
     Executive Branch review, for
     example, those actions under 10 CFR
     110.41(a).
        Application--new license, or      $9,300.
         amendment; or license exemption
         request.
    3. Application for export of
     components requiring the assistance
     of the Executive Branch to obtain
     foreign government assurances.

[[Page 41187]]

 
        Application--new license, or      $4,200.
         amendment; or license exemption
         request.
    4. Application for export of
     facility components and equipment
     not requiring Commission or
     Executive Branch review, or
     obtaining foreign government
     assurances.
        Application--new license, or      $4,800.
         amendment; or license exemption
         request.
    5. Minor amendment of any active
     export or import license, for
     example, to extend the expiration
     date, change domestic information,
     or make other revisions which do
     not involve any substantive changes
     to license terms or conditions or
     to the type of facility or
     component authorized for export
     and, therefore, do not require in-
     depth analysis or review or
     consultation with the Executive
     Branch, U.S. host state, or foreign
     government authorities.
        Minor amendment to license......  $2,700.
------------------------------------------------------------------------
\1\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under Sec.   2.202 of
  this chapter or for amendments resulting specifically from the
  requirements of these orders. For orders unrelated to civil penalties
  or other civil sanctions, fees will be charged for any resulting
  licensee-specific activities not otherwise exempted from fees under
  this chapter. Fees will be charged for approvals issued under a
  specific exemption provision of the Commission's regulations under
  Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10
  CFR 73.5) and any other sections in effect now or in the future,
  regardless of whether the approval is in the form of a license
  amendment, letter of approval, safety evaluation report, or other
  form.
\2\ Full cost fees will be determined based on the professional staff
  time and appropriate contractual support services expended. For
  applications currently on file and for which fees are determined based
  on the full cost expended for the review, the professional staff hours
  expended for the review of the application up to the effective date of
  the final rule will be determined at the professional rates in effect
  when the service was provided.
\3\ Inspections covered by this schedule are both routine and non-
  routine safety and safeguards inspections performed by the NRC for the
  purpose of review or follow-up of a licensed program. Inspections are
  performed through the full term of the license to ensure that the
  authorized activities are being conducted in accordance with the
  Atomic Energy Act of 1954, as amended, other legislation, Commission
  regulations or orders, and the terms or conditions of the license. Non-
  routine inspections that result from third-party allegations will not
  be subject to fees.
\4\ Imports only of major components for end-use at NRC-licensed
  reactors are authorized under NRC general import license in 10 CFR
  110.27.
\5\ Full cost fees will be assessed once NRC work on a Touhy request
  exceeds 50 hours, in accordance with Sec.   170.12(d).


0
11. 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   Full Cost.
     of 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):     $1,200.
         22140].
    D. All other special nuclear
     material licenses, except licenses
     authorizing special nuclear
     material in sealed or unsealed form
     in combination that would
     constitute a critical mass, as
     defined in 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):     $2,500.
         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    Full Cost.
     use of source material for refining
     uranium mill concentrates to
     uranium hexafluoride or for
     deconverting uranium hexafluoride
     in the production of uranium oxides
     for disposal. [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].

[[Page 41188]]

 
        (d) In Situ Recovery Resin        Full Cost.
         facilities [Program Code(s):
         11550].
        (e) Resin Toll Milling            Full Cost.
         facilities [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):     $1,170.
         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):     $2,700.
         11240].
    D. Licenses to distribute source
     material to persons generally
     licensed under part 40 of this
     chapter.
        Application [Program Codes(s):    $2,600.
         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):     $2,500.
         11710].
    F. All other source material
     licenses.
        Application [Program Code(s):     $2,500.
         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):     $12,400.
         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):     $3,400.
         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):     $5,000.
         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):     $3,100.
         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):     $6,200.
         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):     $59,200.
         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):     $6,300.
         03254, 03255, 03257].
    I. Licenses issued under Subpart A
     of part 32 of this chapter to
     distribute items containing
     byproduct material or quantities of
     byproduct material that do not
     require device evaluation to
     persons exempt from the licensing
     requirements of part 30 of this
     chapter. This category does not
     include specific licenses
     authorizing redistribution of items
     that have been authorized for
     distribution to persons exempt from
     the licensing requirements of part
     30 of this chapter.
        Application [Program Code(s):     $10,500.
         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):     $1,900.
         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. Number of
     locations of use: 1-5.
    (1) Licenses of broad scope for
     possession and use of byproduct
     material issued under parts 30 and
     33 of this chapter for research and
     development that do not authorize
     commercial distribution. Number of
     locations of use: 6-20.

[[Page 41189]]

 
    (2) Licenses of broad scope for
     possession and use of byproduct
     material issued under parts 30 and
     33 of this chapter for research and
     development that do not authorize
     commercial distribution. Number of
     locations of use: more than 20.
        Application [Program Code(s):     $5,200.
         01100, 01110, 01120, 03610,
         03611, 03612, 03613, 04610,
         04611, 04612, 04613, 04614,
         04615, 04616, 04617, 04618,
         04619, 04620, 04621, 04622,
         04623].
    M. Other licenses for possession and
     use of byproduct material issued
     under part 30 of this chapter for
     research and development that do
     not authorize commercial
     distribution.
        Application [Program Code(s):     $4,800.
         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          $6,100.
             Code(s): 03219, 03225,
             03226].
    O. Licenses for possession and use
     of byproduct material issued under
     part 34 of this chapter for
     industrial radiography operations.
        Application [Program Code(s):     $3,000.
         03310, 03320].
    P. All other specific byproduct
     material licenses, except those in
     Categories 4.A. through 9.D.\9\
        Application [Program Code(s):     $2,500.
         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....................  $600.
    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          $2,400.
             Code(s): 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          $2,400.
             Code(s): 02710].
    S. Licenses for production of
     accelerator-produced radionuclides.
            Application [Program          $13,600.
             Code(s): 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):     $6,600.
         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):     $4,800.
         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):     $4,400.
         03110, 03111, 03112].
    B. Licenses for possession and use
     of byproduct material for field
     flooding tracer studies.
        Licensing [Program Code(s):       Full Cost.
         03113].
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):     $21,100.
         03218].
7. Medical licenses:
    A. Licenses issued under parts 30,
     35, 40, and 70 of this chapter for
     human use of byproduct material,
     source material, or special nuclear
     material in sealed sources
     contained in gamma stereotactic
     radiosurgery units, teletherapy
     devices, or similar beam therapy
     devices.
        Application [Program Code(s):     $10,600.
         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):     $8,300.
         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):     $4,300.
         02120, 02121, 02200, 02201,
         02210, 02220, 02230, 02231,
         02240, 22160].
8. Civil defense:

[[Page 41190]]

 
    A. Licenses for possession and use
     of byproduct material, source
     material, or special nuclear
     material for civil defense
     activities.
        Application [Program Code(s):     $2,400.
         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........  $5,200.
    B. Safety evaluation of devices or
     products containing byproduct
     material, source material, or
     special nuclear material
     manufactured in accordance with the
     unique specifications of, and for
     use by, a single applicant, except
     reactor fuel devices.
        Application--each device........  $8,600.
    C. Safety evaluation of sealed
     sources containing byproduct
     material, source material, or
     special nuclear material, except
     reactor fuel, for commercial
     distribution.
        Application--each source........  $5,000.
    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........  $1,010.
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.........................  $4,000.
            Inspections.................  Full Cost.
        2. Users........................
            Application.................  $4,000.
            Inspections.................  Full Cost.
    C. Evaluation of security plans,      Full Cost.
     route 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:        Full Cost.
         25110].
13. A. Spent fuel storage cask            Full Cost.
 Certificate 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      $17,200.
         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      $9,300.
         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      $4,200.
         amendment; or license exemption
         request.
    D. Application for export or import
     of nuclear material not requiring
     Commission or Executive Branch
     review, or obtaining foreign
     government assurances.
        Application--new license, or      $4,800.
         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.................  $1,300.
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      $14,600.
         amendment; or license exemption
         request.

[[Page 41191]]

 
    G. Application for export of
     Appendix P Category 1 materials
     requiring Executive Branch review
     and to obtain government-to-
     government consent for this
     process. For additional consents
     see 15.I.
        Application--new license, or      $8,000.
         amendment; or license exemption
         request.
    H. Application for export of
     Appendix P Category 1 materials and
     to obtain one government-to-
     government consent for this
     process. For additional consents
     see 15.I.
        Application--new license, or      $5,300.
         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      $270.
         amendment; or license exemption
         request.
Category 2 (Appendix P, 10 CFR Part 110)
 Exports:
    J. Application for export of
     Appendix P Category 2 materials
     requiring Commission review (e.g.,
     exceptional circumstance review
     under 10 CFR 110.42(e)(4)).
        Application--new license, or      $14,600.
         amendment; or license exemption
         request.
    K. Applications for export of
     Appendix P Category 2 materials
     requiring Executive Branch review.
        Application--new license, or      $8,000.
         amendment; or license exemption
         request.
    L. Application for the export of
     Category 2 materials.
        Application--new license, or      $4,000.
         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.................  $1,300.
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): 03614]  Full Cost.
18. Department of Energy.
    A. Certificates of Compliance.        Full Cost.
     Evaluation of casks, packages, and
     shipping containers (including
     spent fuel, high-level waste, and
     other casks, and plutonium air
     packages).
    B. Uranium Mill Tailings Radiation    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).
(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.)

[[Page 41192]]

 
\6\ Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or
  2.A. must pay the largest applicable fee and are not subject to
  additional fees listed in this table.
\7\ Licensees paying fees under 3.C. 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
12. The authority citation for part 171 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 11, 161(w), 223, 
234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization Act 
of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. 2214; 44 U.S.C. 3504 
note.


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


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

* * * * *
    (b)(1) The FY 2016 annual fee for each operating power reactor 
which must be collected by September 30, 2016, is $4,856,000.
    (2) The FY 2016 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 2016 fee-relief 
adjustment are shown in paragraph (d)(1) of this section. The 
activities comprising the FY 2016 base annual fee for operating power 
reactors are as follows:
* * * * *
    (c)(1) The FY 2016 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 $197,000.
    (2) The FY 2016 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 
2016 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2016 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 (iii) of this 
section are reduced by the appropriations the NRC receives for these 
types of activities. If the NRC's appropriations for these types of 
activities are greater than the budgeted resources for the activities 
included in paragraphs (d)(1)(ii) and (iii) of this section for a given 
fiscal year, annual fees will be reduced. The activities comprising the 
FY 2016 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2016 fee-relief adjustment and LLW surcharge 
allocated to the operating power reactor class of licenses is a 
$960,300 fee-relief adjustment and LLW surcharge, not including the 
amount allocated to the spent fuel storage/reactor decommissioning 
class. The FY 2016 operating power reactor fee-relief adjustment to be 
assessed to each operating power reactor is approximately a $9,603 fee-
relief adjustment and LLW surcharge. This amount is calculated by 
dividing the total operating power reactor fee-relief adjustment and 
LLW surcharge, $960,300, by the number of operating power reactors 
(100).
    (3) The FY 2016 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a -$2,400 fee-
relief assessment. The FY 2016 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 -$20 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.
* * * * *
    (f) The FY 2016 annual fees for licensees authorized to operate a 
research or test (nonpower) reactor licensed under 10 CFR part 50, 
unless the reactor is exempted from fees under Sec.  171.11(a), are as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Research reactor........................................         $81,500
Test reactor............................................          81,500
------------------------------------------------------------------------


0
14. In Sec.  171.16, revise paragraphs (c) and (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.

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

[[Page 41193]]



------------------------------------------------------------------------
                                                          Maximum annual
                                                              fee per
                                                             licensed
                                                             category
------------------------------------------------------------------------
Small Businesses Not Engaged in Manufacturing (Average
 gross receipts over last 3 completed fiscal years):
    $485,000 to $7 million..............................          $3,400
    Less than $485,000..................................             700
Small Not-For-Profit Organizations (Annual Gross
 Receipts):
    $485,000 to $7 million..............................           3,400
    Less than $485,000..................................             700
Manufacturing Entities that Have An Average of 500
 Employees or Fewer:
    35 to 500 employees.................................           3,400
    Fewer than 35 employees.............................             700
Small Governmental Jurisdictions (Including publicly
 supported educational institutions) (Population):
    20,000 to 49,999....................................           3,400
    Fewer than 20,000...................................             700
Educational Institutions that are not State or Publicly
 Supported, and have 500 Employees or Fewer:
    35 to 500 employees.................................           3,400
    Fewer than 35 employees.............................             700
------------------------------------------------------------------------

    (d) The FY 2016 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2016 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2016 annual fees for materials licensees 
and holders of certificates, registrations, or approvals subject to 
fees under this section are shown in the following table:

   Schedule of Materials Annual fees and Fees for Government Agencies
                             Licensed by NRC
                     [See footnotes at end of table]
------------------------------------------------------------------------
                                                        Annual fees \1\
            Category of materials licenses                  \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-235
     or plutonium for fuel fabrication activities.
        (a) Strategic Special Nuclear Material (High          $7,867,000
         Enriched Uranium) [Program Code(s): 21130]..
        (b) Low Enriched Uranium in Dispersible Form          $2,736,000
         Used for Fabrication of Power Reactor Fuel
         [Program Code(s): 21210]....................
    (2) All other special nuclear materials licenses
     not included in Category 1.A.(1) which are
     licensed for fuel cycle activities.
        (a) Facilities with limited operations                        $0
         [Program Code(s): 21310, 21320].............
        (b) Gas centrifuge enrichment demonstration           $1,539,000
         facilities..................................
        (c) Others, including hot cell facilities....           $770,000
    B. Licenses for receipt and storage of spent fuel            N/A\11\
     and reactor-related Greater than Class C (GTCC)
     waste at an independent spent fuel storage
     installation (ISFSI) [Program Code(s): 23200]...
    C. Licenses for possession and use of special                 $3,100
     nuclear material of less than a critical mass,
     as defined in Sec.   70.4 of this chapter, in
     sealed sources contained in devices used in
     industrial measuring systems, including x-ray
     fluorescence analyzers.\15\ [Program Code(s):
     22140]..........................................
    D. All other special nuclear material licenses,               $8,100
     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 operation of          $3,762,000
     a uranium enrichment facility [Program Code(s):
     21200]..........................................
    F. For special nuclear materials licenses in                  $6,800
     sealed or unsealed form of greater than a
     critical mass as defined in Sec.   70.4 of this
     chapter.\15\ [Program Code: 22155]..............
2. Source material:
    A. (1) Licenses for possession and use of source          $1,625,000
     material for refining uranium mill concentrates
     to uranium hexafluoride or for deconverting
     uranium hexafluoride in the production of
     uranium oxides for disposal. [Program Code:
     11400]..........................................
    (2) Licenses for possession and use of source
     material in recovery operations such as milling,
     in-situ recovery, heap-leaching, ore buying
     stations, ion-exchange facilities and in-
     processing of ores containing source material
     for extraction of metals other than uranium or
     thorium, including licenses authorizing the
     possession of byproduct waste material
     (tailings) from source material recovery
     operations, as well as licenses authorizing the
     possession and maintenance of a facility in a
     standby mode.
        (a) Conventional and Heap Leach facilities               $38,900
         [Program Code(s): 11100]....................
        (b) Basic In Situ Recovery facilities                    $49,300
         [Program Code(s): 11500]....................
        (c) Expanded In Situ Recovery facilities                 $55,800
         [Program Code(s): 11510]....................
        (d) In Situ Recovery Resin facilities                     N/A\5\
         [Program Code(s): 11550]....................
        (e) Resin Toll Milling facilities [Program                N/A\5\
         Code(s): 11555].............................
    (3) Licenses that authorize the receipt of                    N/A\5\
     byproduct material, as defined in Section
     11e.(2) of the Atomic Energy Act, from other
     persons for possession and disposal, except
     those licenses subject to the fees in Category
     2.A.(2) or Category 2.A.(4) [Program Code(s):
     11600, 12000]...................................
    (4) Licenses that authorize the receipt of                   $22,000
     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].......

[[Page 41194]]

 
    (5) Licenses that authorize the possession of                 $6,500
     source material related to removal of
     contaminants (source material) from drinking
     water [Program Code(s): 11820]..................
    B. Licenses that authorize possession, use, and/              $3,600
     or installation of source material for
     shielding.\16\ \17\ \18\ [Program Code: 11210]..
    C. Licenses to distribute items containing source             $6,800
     material to persons exempt from the licensing
     requirements of part 40 of this chapter [Program
     Code: 11240]....................................
    D. Licenses to distribute source material to                  $6,600
     persons generally licensed under part 40 of this
     chapter [Program Code(s): 11230 and 11231]......
    E. Licenses for possession and use of source                  $8,300
     material for processing or manufacturing of
     products or materials containing source material
     for commercial distribution [Program Code:
     11710]..........................................
    F. All other source material licenses [Program                $7,700
     Code(s): 11200, 11220, 11221, 11300, 11800,
     11810]..........................................
3. Byproduct material:
    A. Licenses of broad scope for possession and use            $30,500
     of byproduct material issued under parts 30 and
     33 of this chapter for processing or
     manufacturing of items containing byproduct
     material for commercial distribution [Program
     Code(s): 03211, 03212, 03213]...................
    B. Other licenses for possession and use of                  $12,800
     byproduct material issued under part 30 of this
     chapter for processing or manufacturing of items
     containing byproduct material for commercial
     distribution [Program Code(s): 03214, 03215,
     22135, 22162]...................................
    C. Licenses issued under Sec.  Sec.   32.72 and/             $13,500
     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 byproduct              $10,000
     material in sealed sources for irradiation of
     materials in which the source is not removed
     from its shield (self-shielded units) [Program
     Code(s): 03510, 03520]..........................
    F. Licenses for possession and use of less than              $12,200
     10,000 curies of byproduct material in sealed
     sources for irradiation of materials in which
     the source is exposed for irradiation purposes.
     This category also includes underwater
     irradiators for irradiation of materials in
     which the source is not exposed for irradiation
     purposes [Program Code(s): 03511]...............
    G. Licenses for possession and use of 10,000                $107,900
     curies or more of byproduct material in sealed
     sources for irradiation of materials in which
     the source is exposed for irradiation purposes.
     This category also includes underwater
     irradiators for irradiation of materials in
     which the source is not exposed for irradiation
     purposes [Program Code(s): 03521]...............
    H. Licenses issued under subpart A of part 32 of             $12,300
     this chapter to distribute items containing
     byproduct material that require device review to
     persons exempt from the licensing requirements
     of part 30 of this chapter, except specific
     licenses authorizing redistribution of items
     that have been authorized for distribution to
     persons exempt from the licensing requirements
     of part 30 of this chapter [Program Code(s):
     03254, 03255]...................................
    I. Licenses issued under subpart A of part 32 of             $18,200
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require device evaluation
     to persons exempt from the licensing
     requirements of part 30 of this chapter, except
     for specific licenses authorizing redistribution
     of items that have been authorized for
     distribution to persons exempt from the
     licensing requirements of part 30 of this
     chapter [Program Code(s): 03250, 03251, 03252,
     03253, 03256]...................................
    J. Licenses issued under subpart B of part 32 of              $4,700
     this chapter to distribute items containing
     byproduct material that require sealed source
     and/or device review to persons generally
     licensed under part 31 of this chapter, except
     specific licenses authorizing redistribution of
     items that have been authorized for distribution
     to persons generally licensed under part 31 of
     this chapter [Program Code(s): 03240, 03241,
     03243]..........................................
    K. Licenses issued under subpart B of part 32 of              $3,500
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require sealed source and/
     or device review to persons generally licensed
     under part 31 of this chapter, except specific
     licenses authorizing redistribution of items
     that have been authorized for distribution to
     persons generally licensed under part 31 of this
     chapter [Program Code(s): 03242, 03244].........
    L. Licenses of broad scope for possession and use            $17,700
     of byproduct material issued under parts 30 and
     33 of this chapter for research and development
     that do not authorize commercial distribution.
     Number of locations of use: 1-5. [Program
     Code(s): 01100, 01110, 01120, 03610, 03611,
     03612, 03613]...................................
    (1) Licenses of broad scope for possession and               $23,800
     use of product material issued under parts 30
     and 33 of this chapter for research and
     development that do not authorize commercial
     distribution. Number of locations of use: 6-20.
     [Program Code(s): 04610, 04612, 04614, 04616,
     04618, 04620, 04622]............................
    (2) Licenses of broad scope for possession and               $29,700
     use of byproduct material issued under parts 30
     and 33 of this chapter for research and
     development that do not authorize commercial
     distribution. Number of locations of use: More
     than 20. [Program Code(s): 04611, 04613, 04615,
     04617, 04619, 04621, 04623].....................
    M. Other licenses for possession and use of                  $12,300
     byproduct material issued under part 30 of this
     chapter for research and development that do not
     authorize commercial distribution [Program
     Code(s): 03620].................................
    N. Licenses that authorize services for other                $21,100
     licensees, except: (1) Licenses that authorize
     only calibration and/or leak testing services
     are subject to the fees specified in fee
     Category 3.P.; and (2) Licenses that authorize
     waste disposal services are subject to the fees
     specified in fee categories 4.A., 4.B., and 4.C.
     [Program Code(s): 03219, 03225, 03226]..........
    O. Licenses for possession and use of byproduct              $26,000
     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                      $7,900
     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].......

[[Page 41195]]

 
    Q. Registration of devices generally licensed               N/A.\13\
     under part 31 of this chapter...................
    R. Possession of items or products containing
     radium-226 identified in 10 CFR 31.12 which
     exceed the number of items or limits specified
     in that section: \14\
        1. Possession of quantities exceeding the                 $7,900
         number of items or limits in 10 CFR
         31.12(a)(4), or (5) but less than or equal
         to 10 times the number of items or limits
         specified [Program Code(s): 02700]..........
        2. Possession of quantities exceeding 10                  $8,400
         times the number of items or limits
         specified in 10 CFR 31.12(a)(4) or (5)
         [Program Code(s): 02710]....................
    S. Licenses for production of accelerator-                   $30,800
     produced radionuclides [Program Code(s): 03210].
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt              N/A\5\
     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             $21,900
     of waste byproduct material, source material, or
     special nuclear material from other persons for
     the purpose of packaging or repackaging the
     material. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the material
     [Program Code(s): 03234]........................
    C. Licenses specifically authorizing the receipt             $14,800
     of prepackaged waste byproduct material, source
     material, or special nuclear material from other
     persons. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the material
     [Program Code(s): 03232]........................
5. Well logging:
    A. Licenses for possession and use of byproduct              $14,500
     material, source material, and/or special
     nuclear material for well logging, well surveys,
     and tracer studies other than field flooding
     tracer studies [Program Code(s): 03110, 03111,
     03112]..........................................
    B. Licenses for possession and use of byproduct               N/A\5\
     material for field flooding tracer studies.
     [Program Code(s): 03113]........................
6. Nuclear laundries:
    A. Licenses for commercial collection and laundry                 $0
     of items contaminated with byproduct material,
     source material, or special nuclear material
     [Program Code(s): 03218]........................
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40, and 70            $24,700
     of this chapter for human use of byproduct
     material, source material, or special nuclear
     material in sealed sources contained in gamma
     stereotactic radiosurgery units, teletherapy
     devices, or similar beam therapy devices. This
     category also includes the possession and use of
     source material for shielding when authorized on
     the same license. [Program Code(s): 02300,
     02310]..........................................
    B. Licenses of broad scope issued to medical                 $37,400
     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, 35, 40,             $13,200
     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 byproduct               $7,900
     material, source material, or special nuclear
     material for civil defense activities [Program
     Code(s): 03710].................................
9. Device, product, or sealed source safety
 evaluation:
    A. Registrations issued for the safety evaluation             $7,900
     of devices or products containing byproduct
     material, source material, or special nuclear
     material, except reactor fuel devices, for
     commercial distribution.........................
    B. Registrations issued for the safety evaluation            $13,000
     of devices or products containing byproduct
     material, source material, or special nuclear
     material manufactured in accordance with the
     unique specifications of, and for use by, a
     single applicant, except reactor fuel devices...
    C. Registrations issued for the safety evaluation             $7,600
     of sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial distribution
    D. Registrations issued for the safety evaluation             $1,500
     of sealed sources containing byproduct material,
     source material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel..................
10. Transportation of radioactive material:
    A. Certificates of Compliance or other package
     approvals issued for design of casks, packages,
     and shipping containers.
        1. Spent Fuel, High-Level Waste, and                      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 approvals,             N/A\6\
     route surveys, and transportation security
     devices (including immobilization devices)
11. Standardized spent fuel facilities...............            N/A.\6\
12. Special Projects [Program Code(s): 25110]........             N/A\6\
13. A. Spent fuel storage cask Certificate of                     N/A\6\
 Compliance..........................................

[[Page 41196]]

 
    B. General licenses for storage of spent fuel                N/A\12\
     under 10 CFR 72.210.............................
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear material             N/A\7\
     licenses and other approvals authorizing
     decommissioning, decontamination, reclamation,
     or site restoration activities under parts 30,
     40, 70, 72, and 76 of this chapter, including
     master materials licenses (MMLs) [Program
     Code(s): 3900, 11900, 21135, 21215, 21240,
     21325, 22200]...................................
    B. Site-specific decommissioning activities                   N/A\7\
     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 issued             $343,000
 to Government agencies [Program Code(s): 03614].....
18. Department of Energy:
    A. Certificates of Compliance....................     $1,366,000\10\
    B. Uranium Mill Tailings Radiation Control Act              $545,000
     (UMTRCA) activities.............................
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
  valid license with the NRC authorizing possession and use of
  radioactive material during the current FY. The annual fee is waived
  for those materials licenses and holders of certificates,
  registrations, and approvals who either filed for termination of their
  licenses or approvals or filed for possession only/storage licenses
  before October 1, 2015, 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 subject to fees under categories 1.A., 1.B., 1.E., or 2.A.
  must pay the largest applicable fee and are not subject to additional
  fees listed in this table.
\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 (3) of this section, as reduced by 
the appropriations the NRC receives for these types of activities. If 
the NRC's appropriations for these types of activities are greater than 
the budgeted resources for the activities included in paragraphs (e)(2) 
and (3) of this section for a given fiscal year, a negative fee-relief 
adjustment (or annual fee reduction) will be allocated to annual fees. 
The activities comprising the FY 2016 fee-relief adjustment are as 
follows:
* * * * *

    Dated at Rockville, Maryland, this 7th day of June, 2016.

    For the Nuclear Regulatory Commission.
Maureen E. Wylie,
Chief Financial Officer.
[FR Doc. 2016-14490 Filed 6-23-16; 8:45 am]
 BILLING CODE 7590-01-P