[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Proposed Rules]
[Pages 8696-8718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01886]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / 
Proposed Rules  

[[Page 8696]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2016-0081]
RIN 3150-AJ73


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2017

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend the licensing, inspection, special project, and annual fees 
charged to its applicants and licensees. These proposed 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. The NRC is issuing the 
fiscal year (FY) 2017 proposed fee rule based on the NRC's 
Congressional Budget Justification (CBJ): FY 2017 (NUREG 1100, Volume 
32), as adjusted to reflect re-baselining reductions approved by the 
Commission per the staff requirements memorandum for SECY-16-0009, 
``Recommendations Resulting from the Integrated Prioritization and Re-
baselining of Agency Activities,'' dated April 13, 2016, in the amount 
of $952.1 million, a decrease of $50.0 million from FY 2016.

DATES: Submit comments by March 1, 2017. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date. Because OBRA-90 requires the NRC to collect the FY 2017 fees 
by September 30, 2017, the NRC will not grant any request for an 
extension of the comment period.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0081. 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.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

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:

I. Obtaining Information and Submitting Comments
II. Background; Statutory Authority
III. Discussion
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
X. Voluntary Consensus Standards
XI. Availability of Guidance
XII. Public Meeting
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0081 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-2016-0081.
     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 are provided in a table 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.

B. Submitting Comments

    Please include Docket ID NRC-2016-0081 in the subject line of your 
comment submission in order to ensure that the NRC is able to make your 
comment submission publicly available in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment

[[Page 8697]]

submissions available to the public or entering the comment submissions 
into ADAMS.

II. Background; Statutory Authority

    The NRC's fee regulations are governed primarily by two laws: (1) 
The Independent Offices Appropriations Act of 1952 (IOAA) (31 U.S.C. 
9701), and (2) OBRA-90. The OBRA-90 requires the NRC to recover 
approximately 90 percent of its budget authority through fees; this 
fee-recovery requirement may exclude 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 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 generic regulatory costs that are 
not otherwise collected through 10 CFR part 170.

III. Discussion

FY 2017 Fee Collection--Overview

    The NRC is issuing the FY 2017 proposed fee rule based on the NRC's 
CBJ: FY 2017 (NUREG 1100, Volume 32, ADAMS Accession No. ML16036A086), 
as adjusted to reflect re-baselining reductions approved by the 
Commission per the staff requirements memorandum for SECY-16-0009, 
``Recommendations Resulting from the Integrated Prioritization and Re-
baselining of Agency Activities,'' dated April 13, 2016 (ADAMS 
Accession No. ML16104A158), in the amount of $952.1 million, a decrease 
of $50.0 million from FY 2016. As explained previously, certain 
portions of the NRC's total budget are excluded from the NRC's fee-
recovery amount--specifically, these exclusions include: $1.4 million 
for waste-incidental-to-reprocessing activities, $1.0 million for IG 
services for the Defense Nuclear Facilities Safety Board, and $18.0 
million and for generic homeland security activities. Also, for the 
first time, the NRC's FY 2017 CBJ adjusted for re-baselining reductions 
includes $5 million for advanced reactor infrastructure which was 
required to be excluded from the fee base. Additionally, approximately 
10 percent of the NRC's budget is funded 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 bill approximately $833.4 million in FY 2017 to licensees. Of this 
amount, the NRC estimates that $324.6 million will be recovered through 
10 CFR part 170 user fees; that leaves approximately $508.8 million to 
be recovered through 10 CFR part 171 annual fees. Table I summarizes 
the fee-recovery amounts for the FY 2017 proposed fee rule using the 
re-baselined 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).
    The FY 2017 proposed fee rule is based on the FY 2017 CBJ, adjusted 
to reflect re-baselining reductions. In accordance with OBRA-90, the 
final fee rule will be based on the NRC's actual appropriation rather 
than the CBJ, and so the NRC will update the final fee schedule as 
appropriate. If the NRC receives a year-long continuing resolution, 
then the final fee schedule may look similar to the FY 2016 final fee 
rule.

                                    Table I--Budget and Fee Recovery Amounts
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2016 final      FY 2017       Percentage
                                                                       rule        proposed rule      change
----------------------------------------------------------------------------------------------------------------
Total Budget Authority..........................................        $1,002.1          $952.1            -5.0
Less Excluded Fee Items.........................................           -21.1           -25.4            20.3
                                                                 -----------------------------------------------
    Balance.....................................................          $981.0          $926.7            -5.5
Fee Recovery Percent                                                          90              90             0.0
Total Amount to be Recovered....................................          $882.9          $834.0            -5.5
    10 CFR part 171 Billing Adjustments.........................             0.0             0.0             0.0
    Unpaid Current Year Invoices (estimated)....................             6.3             3.5           -44.4
    Less Prior Year Billing Credit for Transportation Fee Class.            -0.2             0.0           100.0
    Less Payments Received in Current Year for Previous Year                -5.6            -4.1            26.7
     Invoices (estimated).......................................
                                                                 -----------------------------------------------
        Subtotal................................................             0.5            -0.6          -220.0
Amount to be Recovered through 10 CFR parts 170 and 171 Fees....          $883.4          $833.4            -5.7
    Less Estimated 10 CFR part 170 Fees.........................          -332.7          -324.6            -2.4
    Less Prior Year Unbilled 10 CFR part 170 Fees...............             0.0             0.0             0.0
                                                                 -----------------------------------------------
        10 CFR Part 171 Fee Collections Required................          $550.7          $508.8            -7.6
----------------------------------------------------------------------------------------------------------------

FY 2017 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). This rate would be applicable to all activities 
for which fees are assessed under Sec. Sec.  170.21 and 170.31.
    The NRC's hourly rate is derived by adding the budgeted resources 
for: (1) Mission-direct \1\ program salaries and

[[Page 8698]]

benefits; (2) mission-indirect \2\ program support; and (3) agency 
support,\3\ which includes corporate support and the IG, and then 
dividing this sum by total mission-direct FTE converted to hours. The 
mission-direct FTE converted to hours is the product of the mission-
direct FTE multiplied by the estimated annual mission-direct FTE 
productive hours. The following shows the hourly rate calculation:
---------------------------------------------------------------------------

    \1\ Mission-direct resources are allocated to perform core work 
activities committed to fulfilling the agency's mission of 
protecting the public health and safety, promoting the common 
defense and security, and protecting the environment. The majority 
of the resources assigned under the direct business lines (Operating 
Reactors, New Reactors, Fuel Facilities, Nuclear Materials Users, 
Decommissioning and Low-Level Waste, and Spent Fuel Storage and 
Transportation) are core work activities considered mission-direct.
    \2\ Mission-indirect resources are those that support the core 
mission-direct activities. They include, for example, supervisory 
and nonsupervisory support and mission travel and training. 
Supervisory and nonsupervisory support and mission travel and 
training resources assigned under direct business lines within the 
budget structure are considered mission-indirect due to their 
supporting role of the core mission activities.
    \3\ Agency support resources are located in executive, 
administrative, and other support offices such as the Office of the 
Commission, the Office of the Secretary, the Office of the Executive 
Director for Operations, the Offices of Congressional and Public 
Affairs, the Office of the Inspector General, the Office of 
Administration, the Office of the Chief Financial Officer, the 
Office of the Chief Information Officer, the Office of the Chief 
Human Capital Officer and the Office of Small Business and Civil 
Rights. These budgeted costs administer the corporate or shared 
efforts that more broadly support the activities of the agency. 
These activities also include information technology services, human 
capital services, financial management and administrative support.
[GRAPHIC] [TIFF OMITTED] TP30JA17.000

    For FY 2017, the NRC is proposing to increase the hourly rate from 
$265 to $267. The 0.8 percent increase in the FY 2017 hourly rate is 
due primarily to the decline in the number of mission-direct FTE 
compared to FY 2016, partially offset by decreases in the budgetary 
resources. The FY 2017 estimated annual direct hours per staff is 1,500 
hours, up from 1,440 hours in FY 2016. The productive hours assumption 
reflects the average number of hours that a mission-direct employee 
spends on mission-direct work in a given year. This excludes hours 
charged to annual leave, sick leave, holidays, training and general 
administration tasks. Table II shows the hourly rate calculation 
methodology. The FY 2016 amounts are provided for comparison purposes.
---------------------------------------------------------------------------

    \4\ Does not include contract dollars billed to licensees 
separately.

                                        Table II--Hourly Rate Calculation
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2016 final      FY 2017       Percentage
                                                                       rule        proposed rule      change
----------------------------------------------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits......................          $369.6          $340.5            -7.9
Mission-Indirect Program Support................................          $140.6          $136.7            -2.8
                                                                 -----------------------------------------------
Agency Support (Corporate Support and the IG)...................          $314.0          $324.2             3.2
                                                                 -----------------------------------------------
    Subtotal....................................................          $824.2          $801.4            -2.8
Less Offsetting Receipts \5\....................................           -$0.1           -$0.1           -31.2
                                                                 -----------------------------------------------
Total Budgeted Resources Included in Hourly Rate................          $824.1          $801.3            -2.8
Mission-Direct FTE (Whole numbers)..............................           2,157           2,004            -7.1
Mission-Direct FTE productive hours.............................           1,440           1,500             4.2
Mission-Direct FTE Converted to Hours (Mission-Direct FTE                    3.1             3.0            -3.2
 multiplied by Mission-Direct FTE productive hours worked
 annually) (In Millions)........................................
Professional Hourly Rate (Total Budget Included in Hourly Rate              $265            $267             0.8
 Divided by FTE Converted to Hours) (Whole Numbers).............
----------------------------------------------------------------------------------------------------------------

FY 2017 Fee Collection--Flat Application Fee Changes
---------------------------------------------------------------------------

    \5\ The fees collected by the NRC for Freedom of Information Act 
(FOIA) services and indemnity (financial protection required of 
licensees for public liability claims at 10 CFR part 140) are 
subtracted from the budgeted resources amount when calculating the 
10 CFR part 170 hourly rates, per the guidance in Office of 
Management and Budget (OMB) Circular A-25, User Charges. The 
budgeted resources for FOIA activities are allocated under the 
product for Information Services within the Corporate Support 
business line. The indemnity activities are allocated under the 
Licensing Actions and the Research & Test Reactors products within 
the Operating Reactors business line.
---------------------------------------------------------------------------

    The NRC proposes to amend 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 in its 
schedule of fees in Sec. Sec.  170.21 and 170.31, to reflect the 
revised hourly rate of $267. The NRC calculates these flat fees by 
multiplying the average professional staff hours needed to process the 
licensing actions by the proposed professional hourly rate for FY 2017. 
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 2017 and 
will perform this review again in FY 2019. The higher hourly rate of 
$267 is the primary reason for the increase in application fees. Please 
see work papers (ADAMS Accession No. ML16358A648) for more detail.
    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 proposed licensing flat fees are applicable for import and 
export

[[Page 8699]]

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 2017 final fee rule will be subject to the 
revised fees in the final rule.

FY 2017 Fee Collection--Fee-Relief and Low-Level Waste (LLW) Surcharge

    As previously noted, Congress provides 10 percent of the NRC's 
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 2017, the NRC's budgeted fee-relief activities fall below the 
10-percent appropriation threshold--therefore, the NRC proposes to 
assess a fee-relief adjustment (i.e., credit) to decrease all 
licensees' annual fees based on their percentage share of the budget. 
Table III summarizes the fee-relief activities for FY 2017. The FY 2016 
amounts are provided for comparison purposes.

                                        Table III--Fee-Relief Activities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                      FY 2016         FY 2017       Percentage
                      Fee-relief activities                       budgeted costs  budgeted costs      change
----------------------------------------------------------------------------------------------------------------
1. Activities not attributable to an existing NRC licensee or
 class of licensee:
    a. International activities \6\.............................           $12.6           $13.9            10.4
    b. Agreement State oversight................................            12.6            13.0             3.3
    c. Scholarships and Fellowships.............................            18.2         \7\ 3.0           -83.5
    d. Medical Isotope Production Infrastructure................             1.0             4.1           310.0
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.....            10.1             9.8            -2.3
    b. Costs not recovered from small entities under 10 CFR                  8.5             7.4           -12.8
     71.16(c)...................................................
    c. Regulatory support to Agreement States...................            16.5            18.4            11.2
    d. Generic decommissioning/reclamation (not related to the              15.2            14.4            -5.6
     power reactor and spent fuel storage fee classes)..........
    e. In Situ leach rulemaking and unregistered general                     1.6             1.4           -12.5
     licensees..................................................
    f. Potential Department of Defense remediation program MOU               1.7             1.2           -33.2
     activities.................................................
Total fee-relief activities.....................................            98.0            86.6           -11.7
    Less 10 percent of the NRC's total FY budget (less non-fee             -98.1            92.7            -5.5
     items).....................................................
                                                                 -----------------------------------------------
        Fee-Relief Adjustment to be Allocated to All Licensees'             -0.1            -6.1         -8611.0
         Annual Fees............................................
----------------------------------------------------------------------------------------------------------------

    Table IV shows how the NRC allocates the $6.1 million fee-relief 
adjustment (credit) to each license fee class.
---------------------------------------------------------------------------

    \6\ This amount includes international assistance activities, 
conventions and treaties, and specific cooperation activities.
    \7\ This amount does not include budgetary resources for Grants 
to Universities which is not included in the re-baselined budget 
request for FY 2017.
---------------------------------------------------------------------------

    In addition to the fee-relief adjustment, the NRC also assesses a 
generic LLW surcharge of $3.3 million. 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 LLW 
disposal facilities in the United States that accept various types of 
low-level waste. All are in Agreement States and, therefore, regulated 
by the State authority. The NRC allocates this surcharge to its 
licensees based on data available in the DOE 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 2017
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                           LLW surcharge               Fee-relief adjustment
                                 ----------------------------------------------------------------    Total  $
                                      Percent           ($)           Percent            $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........            24.0             0.8            85.8            -5.2            -4.4
Spent Fuel Storage/Reactor                   0.0             0.0             3.8            -0.2            -0.2
 Decommissioning................
Research and Test Reactors......             0.0             0.0             0.3             0.0             0.0
Fuel Facilities.................            62.0             2.0             4.3            -0.3             1.8
Materials Users.................            14.0             0.5             3.4            -0.2             0.3
Transportation..................             0.0             0.0             0.6             0.0             0.0

[[Page 8700]]

 
Rare Earth Facilities...........             0.0             0.0             0.0             0.0             0.0
Uranium Recovery................             0.0             0.0             1.8            -0.1            -0.1
                                 -------------------------------------------------------------------------------
    Total.......................           100.0             3.3           100.0            -6.1             2.8
----------------------------------------------------------------------------------------------------------------

FY 2017 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 
re-baselines its annual fees every year. Re-baselining 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 proposes to revise its annual fees in Sec. Sec.  171.15 and 
171.16 to recover approximately 90 percent of the NRC's FY 2017 budget 
authority (less non-fee amounts and the estimated amount to be 
recovered through 10 CFR part 170 fees). The total estimated 10 CFR 
part 170 collections for this proposed rule are $324.6 million, a 
decrease of $8.1 million from the FY 2016 final rule. The NRC, 
therefore, must recover $508.8 million through annual fees from its 
licensees, which is a decrease of $41.9 million from the FY 2016 final 
rule.
    Table V shows the re-baselined fees for FY 2017 for a 
representative list of categories of licensees. The FY 2016 amounts are 
provided for comparison purposes.

                                        Table V--Re-Baselined Annual Fees
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017
                   Class/category of licenses                      FY 2016 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........................................      $4,659,000      $4,318,000            -7.3
+ Spent Fuel Storage/Reactor Decommissioning....................         197,000         194,000            -1.5
                                                                 -----------------------------------------------
    Total, Combined Fee.........................................       4,856,000       4,512,000            -7.1
Spent Fuel Storage/Reactor Decommissioning......................         197,000         194,000            -1.5
Research and Test Reactors/Non-power Reactors...................          81,500          83,500             2.5
High Enriched Uranium Fuel Facility.............................       7,867,000       6,599,000           -16.1
Low Enriched Uranium Fuel Facility..............................       2,736,000       2,391,000           -12.6
UF6 Conversion and Deconversion Facility........................       1,625,000       1,363,000           -16.1
Conventional Mills..............................................          38,900          42,300             8.7
Typical Materials Users:
    Radiographers (Category 3O).................................          26,000          27,100             4.2
    Well Loggers (Category 5A)..................................          14,500          16,100            11.0
    Gauge Users (Category 3P)...................................           7,900           9,200            16.5
    Broad Scope Medical (Category 7B)...........................          37,400          33,900            -9.4
----------------------------------------------------------------------------------------------------------------

    The work papers that support this proposed rule show in detail how 
the NRC allocated the budgeted resources for each class of licenses and 
how the fees are calculated.
    Paragraphs a. through h. of this section describe budgetary 
resources allocated to each class of licensees and the calculations of 
the re-baselined fees. For more information about detailed fee 
calculations for each class, please consult the accompanying work 
papers.
a. Fuel Facilities
    The NRC proposes to collect $26.8 million in annual fees from the 
fuel facility class.

                          Table VI--Annual Fee Summary Calculations for Fuel Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017       Percentage
                    Summary fee calculations                       FY 2016 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................           $40.5           $34.5           -14.8
                                                                 -----------------------------------------------
Less estimated 10 CFR part 170 receipts.........................            11.7            11.1            -5.1
    Net 10 CFR part 171 resources...............................            28.8            23.5           -18.4
Allocated generic transportation................................             1.1             1.6            45.5
Fee-relief adjustment/LLW surcharge.............................             1.7             1.7             5.9
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 -----------------------------------------------
    Total remaining required annual fee recovery................            31.6            26.8           -15.2
----------------------------------------------------------------------------------------------------------------


[[Page 8701]]

    In FY 2017, the fuel facilities budgetary resources decreased due 
to continued construction delays at multiple sites; specifically, 
significant construction delays are noted for the Shaw Mixed Oxide Fuel 
Fabrication Facility. Budgetary resources also decreased due to a 
reduced workload resulting from increased efficiencies within the Fuel 
Cycle inspection program created by streamlining inspections and 
guidance development. These decreases cause annual fees to decrease but 
are offset by a slight decrease in estimated 10 CFR part 170 billings 
due to changes in the prior year billings. In addition, annual fees for 
the fuel facilities fee class will be adjusted in the FY 2017 final fee 
rule with the expected departure of USEC Lead Cascade Gas Centrifuge 
Enrichment Demonstration facility from the fee class.
    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 2017
----------------------------------------------------------------------------------------------------------------
                                                                                    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 (55.2)
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................               3       70 (35.0)       30 (17.3)
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 (8.6)
Hot Cell (1.A.(2)(c))...........................................               1         6 (3.0)         3 (1.7)
Uranium Enrichment (1.E.).......................................               1       21 (10.5)       23 (13.2)
UF6 Conversion and Deconversion (2.A.(1)).......................               1        12 (6.0)         7 (4.0)
----------------------------------------------------------------------------------------------------------------

    For FY 2017, the total budgeted resources for safety activities are 
$13.4 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, $11.7 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--$1.8 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 2017
                  Facility type (fee category)                     FY 2016 Final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................      $7,867,000      $6,599,000           -16.1
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................       2,736,000       2,391,000           -12.6
Limited Operations (1.A.(2)(a)).................................             0.0             0.0             0.0
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............       1,539,000       1,291,000           -16.1
Hot Cell (and others) (1.A.(2)(c))..............................         770,000         646,000           -16.1
Uranium Enrichment (1.E.).......................................       3,762,000       3,156,000           -16.1
UF6 Conversion and Deconversion (2.A.(1)).......................       1,625,000       1,363,000           -16.1
----------------------------------------------------------------------------------------------------------------

b. Uranium Recovery Facilities
    The NRC proposes to collect approximately $1.0 million in annual 
fees from the uranium recovery facilities fee class, an increase of 
about ten percent from FY 2016.

                    Table IX--Annual Fee Summary Calculations for Uranium Recovery Facilities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017       Percentage
                    Summary fee calculations                       FY 2016 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $12.32          $14.77            19.9
Less estimated 10 CFR part 170 receipts.........................           11.41           13.62            19.3
                                                                 --------------------------------
    Net 10 CFR part 171 resources...............................            0.91            1.15            26.4
Allocated generic transportation................................             N/A             N/A             N/A
Fee-relief adjustment...........................................            0.00           -0.11          -100.0
Billing adjustments.............................................            0.00           -0.01          -100.0
                                                                 --------------------------------

[[Page 8702]]

 
    Total required annual fee recovery..........................            0.91            1.03            11.1
----------------------------------------------------------------------------------------------------------------

    Overall, in comparison to FY 2016, the FY 2017 budgetary resources 
for uranium recovery licensees increased due to additional work 
expected for new environmental reviews and licensing actions. Further, 
the estimated 10 CFR part 170 billings increased from the previous year 
due to the Ludeman expansion, the Willow Creek groundwater restoration 
review, and the Marsland environmental assessment.
    The NRC computes the 10 CFR part 171 annual fee for the uranium 
recovery fee class by dividing the total annual fee recovery amount 
between DOE and the other licensees in this fee class. The annual fee 
increased for the overall fee class due to an increase in the budgeted 
resources to support contested hearing activities and increased 
workload for congressional hearings and inquiries. The NRC regulates 
DOE's Title I and Title II activities under the Uranium Mill Tailings 
Radiation Control Act (UMTRCA).\8\ The proposed annual fee assessed to 
DOE includes the costs specifically budgeted for the NRC's UMTRCA Title 
I and II activities, as well as 10 percent of the remaining budgeted 
cost for this fee class. The DOE's UMTRCA annual fee increased because 
of a slight rise in budgeted resources combined with a decrease in 
estimates 10 CFR part 170 billings for DOE's UMTRCA site at Gunnison. 
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:
---------------------------------------------------------------------------

    \8\ 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 2017
                        Summary of costs:                          FY 2016 final     proposed       Percentage
                                                                    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         $503,708        $581,964            15.5
     170 receipts...............................................
    10 percent of generic/other uranium recovery budgeted costs.          41,157          55,497            34.8
    10 percent of uranium recovery fee-relief adjustment........             -94         -10,828       -11,419.1
        Total Annual Fee Amount for DOE (rounded)...............         545,000         627,000            15.0
                                                                 --------------------------------
Annual Fee Amount for Other Uranium Recovery Licenses:
    90 percent of generic/other uranium recovery budgeted costs          370,415         499,477            34.8
     less the amounts specifically budgeted for Title I and
     Title II activities........................................
    90 percent of uranium recovery fee-relief adjustment........           -$844        -$97,448       -11,646.0
                                                                 --------------------------------
        Total Annual Fee Amount for Other Uranium Recovery               369,571         402,030             8.8
         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 the 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:

                             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            11.0
Basic In Situ Recovery facilities (2.A.(2)(b))..               5             190             950            67.0
Expanded In Situ Recovery facilities                           1             215             215            15.0
 (2.A.(2)(c))...................................
11e.(2) disposal incidental to existing tailings               1              85              85             6.0
 sites (2.A.(4))................................
Uranium water treatment (2.A.(5))...............               1              25              25             2.0
                                                 ---------------------------------------------------------------
    Total.......................................               9             665           1,425           100.0
----------------------------------------------------------------------------------------------------------------


[[Page 8703]]

    Applying these factors to the approximate $402,030 in budgeted 
costs to be recovered from non-DOE uranium recovery licensees results 
in the total annual fees for each fee category. The annual fee per 
licensee is calculated by dividing the total allocated budgeted 
resources for the fee category by the number of licensees in that fee 
category, as summarized in Table XII.

                              Table XII--Annual Fees for Uranium Recovery Licensees
                                                (other than DOE)
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017
                  Facility type (fee category)                     FY 2016 final     proposed       Percentage
                                                                    annual fee      annual fee        change
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..................         $38,900         $42,300             8.7
Basic In Situ Recovery facilities (2.A.(2)(b))..................          49,300          53,600             8.7
Expanded In Situ Recovery facilities (2.A.(2)(c))...............          55,800          60,700             8.9
11e.(2) disposal incidental to existing tailings sites (2.A.(4))          22,000          24,000             9.1
Uranium water treatment (2.A.(5))...............................           6,500           7,100             9.2
----------------------------------------------------------------------------------------------------------------

c. Operating Power Reactors
    The NRC proposes to collect $427.5 million in annual fees from the 
power reactor fee class in FY 2017, as shown in Table XIII. The FY 2016 
values and percentage change are shown for comparison.

                    Table XIII--Annual Fee Summary Calculations for Operating Power Reactors
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017       Percentage
                     Summary fee calculations                       FY 2016 final     proposed        change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources..........................................         $750.4         $713.2            -5.0
Less estimated 10 CFR part 170 receipts...........................          287.8          281.1            -2.3
                                                                   ------------------------------
    Net 10 CFR part 171 resources.................................          462.6          432.1            -6.6
Allocated generic transportation..................................            1.8            0.3           -81.6
Fee-relief adjustment/LLW surcharge...............................            1.0           -4.4          -540.1
Billing adjustment................................................            0.6           -0.5          -185.8
                                                                   ------------------------------
    Total required annual fee recovery............................          465.9          427.5            -8.3
Total Operating Reactors..........................................          100             99              -1.0
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2016, the operating power reactors budgetary 
resources decreased in FY 2017 primarily due to fewer resources needed 
to reduce the licensing actions backlog and a reduction for generic 
work such as the Fukushima-related rulemaking, ``Station Blackout 
Mitigation Strategies,'' and the Generic Safety Issue-191. Compared 
with FY 2016, 10 CFR part 170 estimated billings primarily decreased 
due to less contract support for reducing the licensing actions 
backlog, and the transition of Fort Calhoun to decommissioning in 
November 2016. The FY 2017 10 CFR part 171 operating power reactor 
annual fee decreased primarily due to a reduction for generic work such 
as the Fukushima-related rulemaking, ``Station Blackout Mitigation 
Strategies,'' and the Generic Safety Issue-191.
    The budgeted costs are divided equally among the 99 currently 
operating power reactors, resulting in a proposed annual fee of 
$4,318,000 per reactor. Additionally, each licensed power reactor is 
assessed the FY 2017 spent fuel storage/reactor decommissioning annual 
fee of $194,000 (see the discussion that follows). The combined FY 2017 
annual fee for power reactors is, therefore, $4,512,000.
    Further, on May 24, 2016, (81 FR 32617), the NRC published a final 
rule that amended its licensing, inspection, and annual fee regulations 
to establish a variable annual fee structure for light-water small 
modular reactors (SMRs). Under the variable annual fee structure, 
effective June 23, 2016, an SMR's annual fee would be calculated as a 
function of its licensed thermal power rating. Currently, there are no 
operating SMRs; therefore, the NRC does not propose an annual fee in FY 
2017 for this type of licensee.
d. Spent Fuel Storage/Reactors in Decommissioning
    The NRC proposes to collect $23.7 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.

   Table XIV--Annual Fee Summary Calculations for the Spent Fuel Storage/Reactor in Decommissioning Fee Class
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017       Percentage
                    Summary fee calculations                       FY 2016 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $30.47          $30.78             1.0

[[Page 8704]]

 
Less estimated 10 CFR part 170 receipts.........................            7.46            7.69             3.0
                                                                 --------------------------------
    Net 10 CFR part 171 resources...............................           23.01           23.09             0.0
Allocated generic transportation costs..........................            0.97            0.86           -11.3
Fee-relief adjustment...........................................            0.00           -0.23          -100.0
Billing adjustments.............................................            0.02          -$0.02          -200.0
                                                                 --------------------------------
    Total required annual fee recovery..........................           24.00           23.70            -1.3
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2016, the annual fee decreased due to an 
increase in 10 CFR part 170 estimated billings attributed to the 
expected application for Holtec/Eddy Lea Energy, reductions in generic 
transportation, and an increase in fee-relief credit. This decrease is 
partially offset by the slight increase in budgetary resources in the 
Waste Research area.
    The required annual fee recovery amount is divided equally among 
122 licensees, resulting in an FY 2017 annual fee of $194,000 per 
licensee.
e. Research and Test Reactors/Non-Power Reactors
    The NRC proposes to collect $0.334 million in annual fees from the 
research and test reactor licensee class.

           Table XV--Annual Fee Summary Calculations For Research and Test Reactors/Non-Power Reactors
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017       Percentage
                    Summary fee calculations                       FY 2016 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources........................................          $3.799          $2.268           -40.3
Less estimated 10 CFR part 170 receipts.........................           3.510           1.950           -44.4
                                                                 --------------------------------
    Net 10 CFR part 171 resources...............................           0.289           0.318            10.0
Allocated generic transportation................................           0.034           0.034             0.0
Fee-relief adjustment...........................................           0.000          -0.017          -100.0
Billing adjustments.............................................           0.003          -0.001          -133.3
                                                                 --------------------------------
    Total required annual fee recovery..........................           0.326           0.334             2.5
----------------------------------------------------------------------------------------------------------------

    In FY 2017, the research and test/non-power reactors budgetary 
resources decreased. This fee class includes resources for medical 
isotope productions facilities and research and test reactors. In FY 
2017 there was a decrease in the workload for medical isotope 
production. Accordingly, the estimated 10 CFR part 170 billings 
decreased for the SHINE molybdenum-99 application. For research and 
test reactors, in comparison to FY 2016, the 10 CFR part 171 annual fee 
increased primarily due to a rise in contract support for the ``Non-
Power Production and Utilization Facility'' rulemaking. 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 2017 
annual fee of $83,500 for each licensee.
f. Rare Earth
    The application for a rare-earth facility has been placed on hold 
until late FY 2017. Therefore, the NRC has not allocated any budgetary 
resources to this fee class and does not propose an annual fee in FY 
2017 for this fee class.
g. Materials Users
    The NRC proposes to collect $35.5 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]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017       Percentage
                    Summary fee calculations                       FY 2016 final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total budgeted resources for licensees not regulated by                    $33.2           $34.5             3.9
 Agreement States...............................................
Less estimated 10 CFR part 170 receipts.........................             1.1             0.9           -18.2
                                                                 --------------------------------
    Net 10 CFR part 171 resources...............................            32.1            33.6             4.7
Allocated generic transportation................................             2.4             1.6           -29.2
Fee-relief adjustment/LLW surcharge.............................             0.5             0.3           -60.0
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 --------------------------------
    Total required annual fee recovery..........................            35.0            35.5             1.4
----------------------------------------------------------------------------------------------------------------


[[Page 8705]]

    To equitably and fairly allocate the $35.5 million in FY 2017 
budgeted costs among approximately 2,700 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 2017, the constant multiplier necessary to recover 
approximately $26.5 million in general costs (including allocated 
generic transportation costs) is 1.48 (see work papers for more 
detail). The average inspection cost is the average inspection hours 
for each fee category multiplied by the hourly rate of $267. The 
inspection priority is the interval between routine inspections, 
expressed in years. The inspection multiplier is the multiple necessary 
to recover approximately $8.5 million in inspection costs, and is 1.65 
for FY 2017. The unique category costs are any special costs that the 
NRC has budgeted for a specific category of licenses. For FY 2017, 
approximately $278,000 in budgeted costs for the implementation of 
revised 10 CFR part 35, ``Medical Use of Byproduct Material'' (unique 
costs), has been allocated to holders of NRC human-use licenses.
    The annual fee to be assessed to each licensee also includes a 
share of the fee-relief assessment of approximately -$209,000 allocated 
to the materials users fee class (see Table IV, ``Allocation of Fee-
Relief Adjustment and LLW Surcharge, FY 2017,'' in Section III, 
``Discussion,'' of this document), and for certain categories of these 
licensees, a share of the approximately $465,000 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 proposes to collect $5.9 million in annual fees to recover 
generic transportation budgeted resources. The FY 2016 values are shown 
for comparison.

                         Table XVII--Annual Fee Summary Calculations for Transportation
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2017       Percentage
                    Summary fee calculations                      FY 2016  final     proposed         change
----------------------------------------------------------------------------------------------------------------
Total Budgeted Resources........................................           $11.3            $9.1           -19.5
Less Estimated 10 CFR part 170 Receipts.........................             3.5             3.2            -8.6
                                                                 --------------------------------
Net 10 CFR part 171 Resources...................................             7.8             5.9           -24.4
Fee-relief adjustment/LLW surcharge.............................             0.0             0.0             0.0
Billing adjustments.............................................             0.0             0.0             0.0
                                                                 --------------------------------
    Total required annual fee recovery..........................             7.8             5.9           -24.4
----------------------------------------------------------------------------------------------------------------

    In comparison to FY 2016, the total budgetary resources for generic 
transportation activities decreased due to a reduction in rulemaking 
activities involving revisions to transportation safety requirements 
and compatibility with International Atomic Energy Agency 
Transportation Standards, hence reducing all fee class generic 
transportation annual fees. The 10 CFR part 170 estimated billings are 
expected to decrease slightly due in part to a reduction in activities 
for Areva Federal Services. In addition, NAC International work is 
expected to be completed by FY 2017, quarter 2. The decrease in 10 CFR 
part 170 estimated billings is expected to be offset by incoming 
applications for Holtec International.
    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 increase 
is mainly due to the elimination of a prior year credit totaling 
approximately $220,000 from FY 2016, as well as a rise in CoCs by 4, or 
22 percent.
    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. Four 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 0.6 so that the licensees 
subject to annual fees are charged a fair and equitable portion of the 
total. For more information see the work papers.

[[Page 8706]]



                     TABLE XVIII--Distribution of Generic Transportation Resources, FY 2017
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Allocated
                                                           Number of CoCs     Percentage  of        generic
                 License fee class/DOE                     benefiting fee      total  CoCs       transportation
                                                            class or DOE                           resources
----------------------------------------------------------------------------------------------------------------
DOE....................................................              22.00               24.6             $1.461
Operating Power Reactors...............................               5.00                5.6              0.332
Spent Fuel Storage/Reactor Decommissioning.............              13.00               14.5              0.863
Research and Test Reactors.............................               0.52                0.6              0.034
Fuel Facilities........................................              24.00               26.8              1.594
Materials Users........................................              25.00               27.9              1.660
                                                        --------------------------------------------------------
    Total..............................................              89.52              100.0              5.944
----------------------------------------------------------------------------------------------------------------

    The NRC assesses 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 2017--Administrative Changes

    The NRC proposes 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 2016 final fee rule used 1,440 hours per direct 
FTE in the hourly rate calculations. During the FY 2017 budget 
formulation process, the NRC staff reviewed and analyzed time and labor 
data from FY 2016 to determine whether it should revise the direct 
hours per FTE. In FY 2016, the total direct hours charged by direct 
employees increased due to increased accuracy in coding time to direct 
work in the time and labor system, as well as decreased time coded for 
training. 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 1,500 hours for 
FY 2017.
2. 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, which applies a fixed percentage of 39 percent to the prior 2-
year weighted average of materials users' fees when performing its 
biennial review. The NRC staff determined the new small entity fees for 
FY 2015 should be $3,400 for upper-tier small entities and $700 for 
lower-tier small entities. Because of a technical oversight, the change 
was not included in the FY 2015 final fee rule. It was, however, 
included in the FY 2016 final fee rule. As a result of the NRC staff's 
FY 2017 biennial review using the same methodology, the upper tier 
small entity fee would increase from $3,400 to $4,500 and the lower-
tier fee would increase from $700 to $900. This would constitute a 43-
percent and 50-percent increase, respectively. The NRC staff determined 
that implementing this increase would have a disproportionate impact 
upon the NRC's small licensees compared to other licensees, and so the 
NRC staff lowered the increase to 21 percent for the upper-tier and 
lower-tier fees. The NRC staff chose 21 percent based on the average 
percentage increase for the prior two biennial reviews of small entity 
fees. As a result of applying the 21-percent increase to the FY 2015 
small entity fees, the NRC staff is now proposing to amend the upper-
tier small entity fee to $4,100 and amend the lower-tier small entity 
fee to $850 for FY 2017. 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.
3. Fees Transformation
    In a January 30, 2015, paper to the Commission, SECY-15-0015, 
``Project Aim 2020 Report and Recommendations'' (ADAMS Accession No. 
ML15012A594), the NRC staff recommended that the Office of the Chief 
Financial Officer (OCFO) undertake an effort to: (1) simplify how the 
NRC calculates its fees, (2) improve transparency, and (3) improve the 
timeliness of the NRC's communications about fee changes. These 
recommendations were similar to stakeholder comments the staff received 
during outreach on the NRC's fees and fee development process. In 
addition, an interoffice steering committee of NRC staffers evaluated 
the current fee process to identify solutions for concerns raised by 
NRC stakeholders. Based on comments received from the public and input 
from steering committee members, the staff developed over 40 process 
and policy improvements to be implemented over the next 4 years that 
addressed concerns with the current fee process. On August 15, 2016, 
the Chief Financial Officer (CFO) submitted a Notation Vote, SECY-16-
0097 (ADAMS Accession No. ML16194A365) to the Commission. This 
memorandum identified 14 process improvements in six categories that 
the staff would implement in FY 2017 and requested Commission approval 
to further analyze four improvements as policy issues. The Commission 
disapproved the policy issues with the exception of a voluntary pilot 
initiative to explore whether a flat fee structure could be established 
for routine licensing matters in the area of uranium recovery policy 
issues. The Commission also directed staff to accelerate the process 
improvements for future consideration including transition to an 
electronic billing system.

IV. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA),\9\ the NRC has prepared a Regulatory Flexibility Analysis (RFA) 
relating to this proposed rule. The RFA is available as indicated in 
Section XIII, Availability of Documents, of this document.
---------------------------------------------------------------------------

    \9\ 5 U.S.C. 603. The RFA, 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).

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

[[Page 8707]]

V. Regulatory Analysis

    Under OBRA-90, the NRC is required to recover approximately 90 
percent of its budget authority in FY 2017. 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.

VI. Backfitting and Issue Finality

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

VII. 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). The NRC requests comment on this proposed rule with respect to 
the clarity and effectiveness of the language used.

VIII. National Environmental Policy Act

    The NRC has determined that this rule will amend NRC's 
administrative requirements in 10 CFR part 170 and 10 CFR part 171. 
Therefore, this action is categorically excluded from needing 
environmental review as described in 10 CFR 51.22(c)(1). Consequently, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this proposed rule.

IX. Paperwork Reduction Act

    This proposed rule does not contain new or amended information 
collection requirements that are subject to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

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

X. 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 proposed 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 2017, as required by OBRA-90, as 
amended. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

XI. 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 2017 proposed 
fee rule. The compliance guide was developed when the NRC completed the 
small entity biennial review for FY 2017. This document is available as 
indicated in Section XIII, Availability of Documents, of this document.

XII. Public Meeting

    The NRC will conduct a public meeting on this proposed rule for the 
purpose of describing the proposed rule and answering questions from 
the public on the proposed rule. The NRC will publish a notice of the 
location, time, and agenda of the meeting on the NRC's public meeting 
Web site within at least 10 calendar days before the meeting. In 
addition, the agenda for the meeting will be posted on 
www.regulations.gov under Docket ID NRC-2016-0081. For instructions to 
receive alerts when changes or additions occur in a docket folder, see 
Section XIII, Availability of Documents, of this document. Stakeholders 
should monitor the NRC's public meeting Web site for information about 
the public meeting at: http://www.nrc.gov/public-involve/public-meetings/index.cfm.

XIII. 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.

------------------------------------------------------------------------
                Document                   ADAMS Accession No./web link
------------------------------------------------------------------------
SECY-16-0009, ``Recommendations          ML16104A158.
 Resulting from the Integrated
 Prioritization and Re-baselining of
 Agency Activities,'' dated February 9,
 2016.
SECY-16-0097, ``Fee Setting              ML16194A365.
 Improvements and Fiscal Year 2017
 Proposed Fee Rule,'' dated August 15,
 2016.
SRM-SECY-16-0097: Fee Setting            ML16293A902.
 Improvements and Fiscal Year 2017
 Proposed Fee Rule.
FY 2017 Proposed Rule Work Papers......  ML16358A648.
FY 2017 Regulatory Flexibility Analysis  ML16340A151
FY 2017 U.S. Nuclear Regulatory          ML16340A149.
 Commission Small Entity Compliance
 Guide.
NUREG-1100, Volume 32, ``Congressional   https://www.nrc.gov/docs/ML1603/
 Budget Justification: Fiscal Year        ML16036A086.pdf.
 2017'' (February 2016).
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.
SECY-05-0164, ``Annual Fee Calculation   ML052580332.
 Method,'' dated September 15, 2005.
OMB's Circular A-25, ``User Charges''..  https://www.whitehouse.gov/omb/circulars_default.
------------------------------------------------------------------------


[[Page 8708]]

    Throughout the development of this rule, the NRC may post documents 
related to this rule, including public comments, on the Federal 
rulemaking Web site at http://www.regulations.gov under Docket ID NRC-
2016-0081. The Federal rulemaking Web site allows you to receive alerts 
when changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder NRC-2016-0081; (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects

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 proposing 
to adopt the following amendments to 10 CFR parts 170 and 171.

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

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

    Authority:  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
2. 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 $267 per hour.
0
3. In Sec.  170.21, in the table, revise fee category K. to read as 
follows:


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

* * * * *

                        Schedule of Facility Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
          Facility categories and type of fees             Fees \1\ \2\
------------------------------------------------------------------------
 
                              * * * * * * *
K. Import and export licenses:
    Licenses for the import and export only of
     production or utilization facilities or the export
     only of components for production or utilization
     facilities issued under 10 CFR part 110.
        1. Application for import or export of
         production or utilization facilities\4\
         (including reactors and other facilities) and
         exports of components requiring Commission and
         Executive Branch review, for example, actions
         under 10 CFR 110.40(b).
            Application--new license, or amendment; or           $18,700
             license exemption request..................
        2. Application for export of reactor and other
         components requiring Executive Branch review,
         for example, those actions under 10 CFR
         110.41(a).
            Application--new license, or amendment; or             9,300
             license exemption request..................
        3. Application for export of components
         requiring the assistance of the Executive
         Branch to obtain foreign government assurances.
            Application--new license, or amendment; or             4,500
             license exemption request..................
        4. Application for export of facility components
         and equipment not requiring Commission or
         Executive Branch review, or obtaining foreign
         government assurances.
            Application--new license, or amendment; or             4,500
             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\ * * * * * * *
\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.


[[Page 8709]]

* * * * *
0
4. 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 Material   Full Cost.
         (High Enriched Uranium) [Program
         Code(s): 21130].
        (b) Low Enriched Uranium in Dispersible  Full Cost.
         Form Used for Fabrication of Power
         Reactor Fuel [Program Code(s): 21210].
    (2) All other special nuclear materials
     licenses not included in Category 1.A.(1)
     which are licensed for fuel cycle
     activities.
        (a) Facilities with limited operations   Full Cost.
         [Program Code(s): 21310, 21320].
        (b) Gas centrifuge enrichment            Full Cost.
         demonstration facilities.
        (c) Others, including hot cell           Full Cost.
         facilities.
    B. Licenses for receipt and storage of       Full Cost.
     spent fuel and reactor-related Greater
     than Class C (GTCC) waste at an
     independent spent fuel storage
     installation (ISFSI) [Program Code(s):
     23200].
    C. Licenses for possession and use of
     special nuclear material of less than a
     critical mass as defined in Sec.   70.4 in
     sealed sources contained in devices used
     in industrial measuring systems, including
     x-ray fluorescence analyzers.\4\
        Application [Program Code(s): 22140]...  $1,200.
    D. All other special nuclear material
     licenses, except licenses authorizing
     special nuclear material in sealed or
     unsealed form in combination that would
     constitute a critical mass, as defined in
     Sec.   70.4 of this chapter, for which the
     licensee shall pay the same fees as those
     under Category 1.A.\4\
        Application [Program Code(s): 22110,     $2,500.
         22111, 22120, 22131, 22136, 22150,
         22151, 22161, 22170, 23100, 23300,
         23310].
    E. Licenses or certificates for              Full Cost.
     construction and operation of a uranium
     enrichment facility [Program Code(s):
     21200].
    F. Licenses for possession and use of        Full Cost.
     special nuclear material greater than
     critical mass, as defined in Sec.   70.4
     of this chapter, for development and
     testing of commercial products, and other
     non-fuel-cycle activities.\4\ [Program
     Code(s): 22155].
2. Source material:
    A. (1) Licenses for possession and use of    Full Cost.
     source material for refining uranium mill
     concentrates to uranium hexafluoride or
     for deconverting uranium hexafluoride in
     the production of uranium oxides for
     disposal. [Program Code(s): 11400].
    (2) Licenses for possession and use of
     source material in recovery operations
     such as milling, in-situ recovery, heap-
     leaching, ore buying stations, ion-
     exchange facilities, and in processing of
     ores containing source material for
     extraction of metals other than uranium or
     thorium, including licenses authorizing
     the possession of byproduct waste material
     (tailings) from source material recovery
     operations, as well as licenses
     authorizing the possession and maintenance
     of a facility in a standby mode.
        (a) Conventional and Heap Leach          Full Cost.
         facilities [Program Code(s): 11100].
        (b) Basic In Situ Recovery facilities    Full Cost.
         [Program Code(s): 11500].
        (c) Expanded In Situ Recovery            Full Cost.
         facilities [Program Code(s): 11510].
        (d) In Situ Recovery Resin facilities    Full Cost.
         [Program Code(s): 11550].
        (e) Resin Toll Milling facilities        Full Cost.
         [Program Code(s): 11555].
        (f) Other facilities [Program Code(s):   Full Cost.
         11700].
    (3) Licenses that authorize the receipt of   Full Cost.
     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   Full Cost.
     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 possession   Full Cost.
     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): 11210]...  $1,170.
    C. Licenses to distribute items containing
     source material to persons exempt from the
     licensing requirements of part 40 of this
     chapter.
        Application [Program Code(s): 11240]...  $2,200.
    D. Licenses to distribute source material
     to persons generally licensed under part
     40 of this chapter.
        Application [Program Codes(s): 11230,    $2,600.
         11231].
    E. Licenses for possession and use of
     source material for processing or
     manufacturing of products or materials
     containing source material for commercial
     distribution.
        Application [Program Code(s): 11710]...  $2,500.
    F. All other source material licenses.
        Application [Program Code(s): 11200,     $2,500.
         11220, 11221, 11300, 11800, 11810].
3. Byproduct material:
    A. Licenses of broad scope for the
     possession and use of byproduct material
     issued under parts 30 and 33 of this
     chapter for processing or manufacturing of
     items containing byproduct material for
     commercial distribution.
        Application [Program Code(s): 03211,     $12,500.
         03212, 03213].
    B. Other licenses for possession and use of
     byproduct material issued under part 30 of
     this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution.
        Application [Program Code(s): 03214,     $3,400.
         03215, 22135, 22162].

[[Page 8710]]

 
    C. Licenses issued under Sec.  Sec.   32.72
     and/or 32.74 of this chapter that
     authorize the processing or manufacturing
     and distribution or redistribution of
     radiopharmaceuticals, generators, reagent
     kits, and/or sources and devices
     containing byproduct material. This
     category does not apply to licenses issued
     to nonprofit educational institutions
     whose processing or manufacturing is
     exempt under Sec.   170.11(a)(4).
        Application [Program Code(s): 02500,     $5,000.
         02511, 02513].
    D. [Reserved]..............................  N/A.
    E. Licenses for possession and use of
     byproduct material in sealed sources for
     irradiation of materials in which the
     source is not removed from its shield
     (self-shielded units).
        Application [Program Code(s): 03510,     $3,100.
         03520].
    F. Licenses for possession and use of less
     than 10,000 curies of byproduct material
     in sealed sources for irradiation of
     materials in which the source is exposed
     for irradiation purposes. This category
     also includes underwater irradiators for
     irradiation of materials where the source
     is not exposed for irradiation purposes.
        Application [Program Code(s): 03511]...  $6,200.
    G. Licenses for possession and use of
     10,000 curies or more of byproduct
     material in sealed sources for irradiation
     of materials in which the source is
     exposed for irradiation purposes. This
     category also includes underwater
     irradiators for irradiation of materials
     where the source is not exposed for
     irradiation purposes.
        Application [Program Code(s): 03521]...  $59,500.
    H. Licenses issued under Subpart A of part
     32 of this chapter to distribute items
     containing byproduct material that require
     device review to persons exempt from the
     licensing requirements of part 30 of this
     chapter. The category does not include
     specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     exempt from the licensing requirements of
     part 30 of this chapter.
        Application [Program Code(s): 03254,     $6,400.
         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): 03250,     $9,500.
         03251, 03252, 03253, 03256].
    J. Licenses issued under Subpart B of part
     32 of this chapter to distribute items
     containing byproduct material that require
     sealed source and/or device review to
     persons generally licensed under part 31
     of this chapter. This category does not
     include specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     generally licensed under part 31 of this
     chapter.
        Application [Program Code(s): 03240,     $1,900.
         03241, 03243].
    K. Licenses issued under Subpart B of part
     32 of this chapter to distribute items
     containing byproduct material or
     quantities of byproduct material that do
     not require sealed source and/or device
     review to persons generally licensed under
     part 31 of this chapter. This category
     does not include specific licenses
     authorizing redistribution of items that
     have been authorized for distribution to
     persons generally licensed under part 31
     of this chapter.
        Application [Program Code(s): 03242,     $1,100.
         03244].
    L. Licenses of broad scope for possession
     and use of byproduct material issued under
     parts 30 and 33 of this chapter for
     research and development that do not
     authorize commercial distribution. 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: 6-19.
        (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: 20 or more.
            Application [Program Code(s):        $5,300.
             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): 03620]...  $6,800.
    N. Licenses that authorize services for
     other licensees, except:
        (1) Licenses that authorize only
         calibration and/or leak testing
         services are subject to the fees
         specified in fee Category 3.P.; and
        (2) Licenses that authorize waste
         disposal services are subject to the
         fees specified in fee Categories 4.A.,
         4.B., and 4.C.
            Application [Program Code(s):        $7,000.
             03219, 03225, 03226].
    O. Licenses for possession and use of
     byproduct material issued under part 34 of
     this chapter for industrial radiography
     operations.
        Application [Program Code(s): 03310,     $3,000.
         03320].
    P. All other specific byproduct material
     licenses, except those in Categories 4.A.
     through 9.D.\ 9\
        Application [Program Code(s): 02400,     $3,300.
         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...........................  $500.
    R. Possession of items or products
     containing radium-226 identified in 10 CFR
     31.12 which exceed the number of items or
     limits specified in that section.\5\
        1. Possession of quantities exceeding
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less than
         or equal to 10 times the number of
         items or limits specified.
            Application [Program Code(s):        $2,500.
             02700].
        2. Possession of quantities exceeding
         10 times the number of items or limits
         specified in 10 CFR 31.12(a)(4), or
         (5).
            Application [Program Code(s):        $2,400.
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.
        Application [Program Code(s): 03210]...  $13,600.

[[Page 8711]]

 
4. Waste disposal and processing:
    A. Licenses specifically authorizing 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.
        Application [Program Code(s): 03231,     Full Cost.
         03233, 03235, 03236, 06100, 06101].
    B. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of packaging or repackaging the
     material. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the
     material.
        Application [Program Code(s): 03234]...  $6,600.
    C. Licenses specifically authorizing the
     receipt of prepackaged waste byproduct
     material, source material, or special
     nuclear material from other persons. The
     licensee will dispose of the material by
     transfer to another person authorized to
     receive or dispose of the material.
        Application [Program Code(s): 03232]...  $4,800.
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): 03113].....  Full Cost.
6. Nuclear laundries:
    A. Licenses for commercial collection and
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material.
        Application [Program Code(s): 03218]...  $21,300.
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40,
     and 70 of this chapter for human use of
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in gamma stereotactic
     radiosurgery units, teletherapy devices,
     or similar beam therapy devices.
        Application [Program Code(s): 02300,     $10,700.
         02310].
    B. Licenses of broad scope issued to
     medical institutions or two or more
     physicians under parts 30, 33, 35, 40, and
     70 of this chapter authorizing research
     and development, including human use of
     byproduct material, except licenses for
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in teletherapy devices. This
     category also includes the possession and
     use of source material for shielding when
     authorized on the same license \10\
        Application [Program Code(s): 02110]...  $8,300.
    C. Other licenses issued under parts 30,
     35, 40, and 70 of this chapter for human
     use of byproduct material, source
     material, and/or special nuclear material,
     except licenses for byproduct material,
     source material, or special nuclear
     material in sealed sources contained in
     teletherapy devices.
        Application [Program Code(s): 02120,     $5,300.
         02121, 02200, 02201, 02210, 02220,
         02230, 02231, 02240, 22160].
8. Civil defense:
    A. Licenses for possession and use of
     byproduct material, source material, or
     special nuclear material for civil defense
     activities.
        Application [Program Code(s): 03710]...  $2,500.
9. Device, product, or sealed source safety
 evaluation:
    A. Safety evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel devices, for
     commercial distribution.
        Application--each device...............  $5,200.
    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...............  $5,100.
    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, and     Full Cost.
         plutonium air packages.
        2. Other Casks.........................  Full Cost.
    B. Quality assurance program approvals
     issued under part 71 of this chapter.
        1. Users and Fabricators:
            Application........................  $4,000.
            Inspections........................  Full Cost.
        2. Users:
            Application........................  $4,000.
            Inspections........................  Full Cost.
    C. Evaluation of security plans, route       Full Cost.
     approvals, route surveys, and
     transportation security devices (including
     immobilization devices).
11. Review of standardized spent fuel            Full Cost.
 facilities.
12. Special projects:

[[Page 8712]]

 
    Including approvals, pre-application/
     licensing activities, and inspections.
        Application [Program Code: 25110]......  Full Cost.
13. A. Spent fuel storage cask Certificate of    Full Cost.
 Compliance.
    B. Inspections related to storage of spent   Full Cost.
     fuel under Sec.   72.210 of this chapter.
14. A. Byproduct, source, or special nuclear     Full Cost.
 material licenses and other approvals
 authorizing decommissioning, decontamination,
 reclamation, or site restoration activities
 under parts 30, 40, 70, 72, and 76 of this
 chapter, including MMLs. Application [Program
 Code(s): 3900, 11900, 21135, 21215, 21325,
 22200].
    B. Site-specific decommissioning activities  Full Cost.
     associated with unlicensed sites,
     including MMLs, regardless of whether or
     not the sites have been previously
     licensed.
15. Import and Export licenses:
    Licenses issued under part 110 of this
     chapter for the import and export only of
     special nuclear material, source material,
     tritium and other byproduct material, and
     the export only of heavy water, or nuclear
     grade graphite (fee categories 15.A.
     through 15.E.).
        A. Application for export or import of
         nuclear materials, including
         radioactive waste requiring Commission
         and Executive Branch review, for
         example, those actions under 10 CFR
         110.40(b).
            Application--new license, or         $18,700.
             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 amendment;  $9,300.
         or license exemption request.
    C. Application for export of nuclear
     material, for example, routine reloads of
     low enriched uranium reactor fuel and/or
     natural uranium source material requiring
     the assistance of the Executive Branch to
     obtain foreign government assurances.
        Application--new license, or amendment;  $4,500.
         or license exemption request.
    D. Application for export or import of
     nuclear material not requiring Commission
     or Executive Branch review, or obtaining
     foreign government assurances.
        Application--new license, or amendment;  $4,500.
         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........................  $2,700.
Licenses issued under part 110 of this chapter
 for the import and export only of Category 1
 and Category 2 quantities of radioactive
 material listed in Appendix P to part 110 of
 this chapter (fee categories 15.F. through
 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
 Exports:
    F. Application for export of Appendix P
     Category 1 materials requiring Commission
     review (e.g., exceptional circumstance
     review under 10 CFR 110.42(e)(4)) and to
     obtain government-to-government consent
     for this process. For additional consent
     see 15.I.).
        Application--new license, or amendment;  $14,700.
         or license exemption request.
    G. Application for export of Appendix P      $8,000.
     Category 1 materials requiring Executive
     Branch review and to obtain government-to-
     government consent for this process. For
     additional consents see 15.I. Application--
     new license, or amendment; or license
     exemption request.
    H. Application for export of Appendix P
     Category 1 materials and to obtain one
     government-to-government consent for this
     process. For additional consents see 15.I.
        Application--new license, or amendment;  $4,000.
         or license exemption request.
    I. Requests for each additional government-
     to-government consent in support of an
     export license application or active
     export license.
        Application--new license, or amendment;  $270.
         or license exemption request.
Category 2 (Appendix P, 10 CFR Part 110)
 Exports:
    J. Application for export of Appendix P
     Category 2 materials requiring Commission
     review (e.g. exceptional circumstance
     review under 10 CFR 110.42(e)(4)).
        Application--new license, or amendment;  $14,700.
         or license exemption request.
    K. Applications for export of Appendix P
     Category 2 materials requiring Executive
     Branch review.
        Application--new license, or amendment;  $8,000.
         or license exemption request.
    L. Application for the export of Category 2
     materials.
        Application--new license, or amendment;  $3,200.
         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............................  $1,800.
17. Master materials licenses of broad scope
 issued to Government agencies

[[Page 8713]]

 
    Application [Program Code(s): 03614].......  Full Cost.
18. Department of Energy:
    A. Certificates of Compliance. Evaluation    Full Cost.
     of casks, packages, and shipping
     containers (including spent fuel, high-
     level waste, and other casks, and
     plutonium air packages).
    B. Uranium Mill Tailings Radiation Control   Full Cost.
     Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
  assessed for 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.)
\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
5. 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
6. 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), (d)(3), and (f) to read as 
follows:


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

* * * * *
    (b)(1) The FY 2017 annual fee for each operating power reactor 
which must be collected by September 30, 2017, is $4,318,000.
    (2) The FY 2017 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 2017 fee-relief 
adjustment are shown in paragraph (d)(1) of this section. The 
activities comprising the FY 2017 base annual fee for operating power 
reactors are as follows:
* * * * *
    (c)(1) The FY 2017 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 $194,000.
    (2) The FY 2017 annual fee is comprised of a base spent fuel 
storage/reactor decommissioning annual fee (which is also included in 
the operating

[[Page 8714]]

power reactor annual fee shown in paragraph (b) of this section) and a 
fee-relief adjustment. The activities comprising the FY 2017 fee-relief 
adjustment are shown in paragraph (d)(1) of this section. The 
activities comprising the FY 2017 spent fuel storage/reactor 
decommissioning re-baselined annual fee are:
* * * * *
    (d)(1) The fee-relief adjustment allocated to annual fees includes 
a surcharge for the activities listed in paragraph (d)(1)(i) of this 
section, plus the amount remaining after total budgeted resources for 
the activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of 
this section are reduced by the appropriations the NRC receives for 
these types of activities. If the NRC's appropriations for these types 
of activities are greater than the budgeted resources for the 
activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of this 
section for a given fiscal year, annual fees will be reduced. The 
activities comprising the FY 2017 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2017 fee-relief adjustment allocated to the 
operating power reactor class of licenses is a -$4,401,300 fee-relief 
surplus, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2017 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is 
approximately a -44,458 fee-relief surplus. This amount is calculated 
by dividing the total operating power reactor fee-relief surplus 
adjustment, -$4,401,300, by the number of operating power reactors 
(99).
    (3) The FY 2017 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a -$230,700 fee-
relief assessment. The FY 2017 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 -$1,891 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 2017 annual fees for licensees authorized to operate a 
research or test (non-power) reactor licensed under 10 CFR part 50, 
unless the reactor is exempted from fees under Sec.  171.11(a), are as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Research reactor...........................................      $83,500
Test reactor...............................................      $83,500
------------------------------------------------------------------------

0
7. 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:

------------------------------------------------------------------------
                                                              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..............................          $4,100
    Less than $485,000..................................             850
Small Not-For-Profit Organizations (Annual Gross
 Receipts):
    $485,000 to $7 million..............................           4,100
    Less than $485,000..................................             850
Manufacturing Entities that Have An Average of 500
 Employees or Fewer:
    35 to 500 employees.................................           4,100
    Fewer than 35 employees.............................             850
Small Governmental Jurisdictions (Including publicly
 supported educational institutions) (Population):
    20,000 to 49,999....................................           4,100
    Fewer than 20,000...................................             850
Educational Institutions that are not State or Publicly
 Supported, and have 500 Employees or Fewer:
    35 to 500 employees.................................           4,100
    Fewer than 35 employees.............................             850
------------------------------------------------------------------------

    (d) The FY 2017 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2017 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2017 annual fees for materials licensees 
and holders of certificates, registrations, or approvals subject to 
fees under this section are shown in the following table:

   Schedule of Materials Annual Fees and Fees for Government Agencies
                             Licensed by NRC
                     [See footnotes at end of table]
------------------------------------------------------------------------
                                                            Annual fees
             Category of materials licenses                 \1\ \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material:

[[Page 8715]]

 
    A. (1) Licenses for possession and use of U-235 or
     plutonium for fuel fabrication activities
        (a) Strategic Special Nuclear Material (High          $6,599,000
         Enriched Uranium) [Program Code(s): 21130].....
        (b) Low Enriched Uranium in Dispersible Form           2,391,000
         Used for Fabrication of Power Reactor Fuel
         [Program Code(s): 21210].......................
    (2) All other special nuclear materials licenses not
     included in Category 1.A.(1) which are licensed for
     fuel cycle activities
        (a) Facilities with limited operations [Program                0
         Code(s): 21310, 21320].........................
        (b) Gas centrifuge enrichment demonstration            1,291,000
         facilities.....................................
        (c) Others, including hot cell facilities.......         646,000
    B. Licenses for receipt and storage of spent fuel           \11\ N/A
     and reactor-related Greater than Class C (GTCC)
     waste at an independent spent fuel storage
     installation (ISFSI) [Program Code(s): 23200]......
    C. Licenses for possession and use of special                  3,100
     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,                8,800
     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 a         3,156,000
     uranium enrichment facility [Program Code(s):
     21200].............................................
    F. Licenses for possession and use of special                  6,500
     nuclear material greater than critical mass, as
     defined in 70.4 of this chapter, for development
     and testing of commercial products, and other non-
     fuel-cycle activities.\15\ [Program Code: 22155]...
2. Source material:
    A. (1) Licenses for possession and use of source           1,363,000
     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                42,300
         [Program Code(s): 11100].......................
        (b) Basic In Situ Recovery facilities [Program            53,600
         Code(s): 11500]................................
        (c) Expanded In Situ Recovery facilities                  60,700
         [Program Code(s): 11510].......................
        (d) In Situ Recovery Resin facilities [Program                 0
         Code(s): 11550]................................
        (e) Resin Toll Milling facilities [Program               \5\ N/A
         Code(s): 11555]................................
    (3) Licenses that authorize the receipt of byproduct         \5\ N/A
     material, as defined in Section 11e.(2) of the
     Atomic Energy Act, from other persons for
     possession and disposal, except those licenses
     subject to the fees in Category 2.A.(2) or Category
     2.A.(4) [Program Code(s): 11600, 12000]............
    (4) Licenses that authorize the receipt of byproduct          24,000
     material, as defined in Section 11e.(2) of the
     Atomic Energy Act, from other persons for
     possession and disposal incidental to the disposal
     of the uranium waste tailings generated by the
     licensee's milling operations, except those
     licenses subject to the fees in Category 2.A.(2)
     [Program Code(s): 12010]...........................
    (5) Licenses that authorize the possession of source           7,100
     material related to removal of contaminants (source
     material) from drinking water [Program Code(s):
     11820].............................................
    B. Licenses that authorize possession, use, and/or             3,400
     installation of source material for shielding.\16\
     17 \18\ [Program Code: 11210]......................
    C. Licenses to distribute items containing source              5,600
     material to persons exempt from the licensing
     requirements of part 40 of this chapter. [Program
     Code: 11240].......................................
    D. Licenses to distribute source material to persons           6,400
     generally licensed under part 40 of this chapter
     [Program Code(s): 11230 and 11231].................
    E. Licenses for possession and use of source                   8,000
     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 Code(s): 11200, 11220, 11221, 11300,              9,500
         11800, 11810]..................................
3. Byproduct material:
    A. Licenses of broad scope for possession and use of          30,800
     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                   11,700
     byproduct material issued under part 30 of this
     chapter for processing or manufacturing of items
     containing byproduct material for commercial
     distribution [Program Code(s): 03214, 03215, 22135,
     22162].............................................
    C. Licenses issued under Sec.  Sec.   32.72 and/or            13,100
     32.74 of this chapter authorizing the processing or
     manufacturing and distribution or redistribution of
     radiopharmaceuticals, generators, reagent kits, and/
     or sources and devices containing byproduct
     material. This category also includes the
     possession and use of source material for shielding
     authorized under part 40 of this chapter when
     included on the same license. This category does
     not apply to licenses issued to nonprofit
     educational institutions whose processing or
     manufacturing is exempt under Sec.   171.11(a)(1).
     [Program Code(s): 02500, 02511, 02513].............
    D. [Reserved].......................................         \5\ N/A
    E. Licenses for possession and use of byproduct               10,900
     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               11,700
     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].............................................

[[Page 8716]]

 
    G. Licenses for possession and use of 10,000 curies           95,800
     or more of byproduct material in sealed sources for
     irradiation of materials in which the source is
     exposed for irradiation purposes. This category
     also includes underwater irradiators for
     irradiation of materials in which the source is not
     exposed for irradiation purposes [Program Code(s):
     03521].............................................
    H. Licenses issued under subpart A of part 32 of              11,800
     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              16,300
     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               4,500
     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               3,400
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require sealed source and/or
     device review to persons generally licensed under
     part 31 of this chapter, except specific licenses
     authorizing redistribution of items that have been
     authorized for distribution to persons generally
     licensed under part 31 of this chapter [Program
     Code(s): 03242, 03244].............................
    L. Licenses of broad scope for possession and use of          16,500
     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            26,200
         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: 6-19.
         [Program Code(s): 04610, 04612, 04614, 04616,
         04618, 04620, 04622]...........................
        (2) Licenses of broad scope for possession and            33,100
         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: 20 or
         more. [Program Code(s): 04611, 04613, 04615,
         04617, 04619, 04621, 04623]....................
    M. Other licenses for possession and use of                   14,900
     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                 22,200
     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               27,100
     material issued under part 34 of this chapter for
     industrial radiography operations. This category
     also includes the possession and use of source
     material for shielding authorized under part 40 of
     this chapter when authorized on the same license
     [Program Code(s): 03310, 03320]....................
    P. All other specific byproduct material licenses,             9,200
     except those in Categories 4.A. through 9.D.\19\
     [Program Code(s): 02400, 02410, 03120, 03121,
     03122, 03123, 03124, 03140, 03130, 03220, 03221,
     03222, 03800, 03810, 22130]........................
    Q. Registration of devices generally licensed under         \13\ N/A
     part 31 of this chapter............................
    R. Possession of items or products containing radium-
     226 identified in 10 CFR 31.12 which exceed the
     number of items or limits specified in that
     section:\14\
        1. Possession of quantities exceeding the number           7,700
         of items or limits in 10 CFR 31.12(a)(4), or
         (5) but less than or equal to 10 times the
         number of items or limits specified [Program
         Code(s): 02700]................................
        2. Possession of quantities exceeding 10 times             8,000
         the number of items or limits specified in 10
         CFR 31.12(a)(4) or (5) [Program Code(s): 02710]
    S. Licenses for production of accelerator-produced            32,200
     radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt of          \5\ N/A
     waste byproduct material, source material, or
     special nuclear material from other persons for the
     purpose of contingency storage or commercial land
     disposal by the licensee; or licenses authorizing
     contingency storage of low-level radioactive waste
     at the site of nuclear power reactors; or licenses
     for receipt of waste from other persons for
     incineration or other treatment, packaging of
     resulting waste and residues, and transfer of
     packages to another person authorized to receive or
     dispose of waste material [Program Code(s): 03231,
     03233, 03235, 03236, 06100, 06101].................
    B. Licenses specifically authorizing the receipt of           21,000
     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 of           14,200
     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               16,100
     material, source material, and/or special nuclear
     material for well logging, well surveys, and tracer
     studies other than field flooding tracer studies
     [Program Code(s): 03110, 03111, 03112].............
    B. Licenses for possession and use of byproduct              \5\ N/A
     material for field flooding tracer studies.
     [Program Code(s): 03113]...........................
6. Nuclear laundries:
    A. Licenses for commercial collection and laundry of          38,500
     items contaminated with byproduct material, source
     material, or special nuclear material [Program
     Code(s): 03218]....................................
7. Medical licenses:

[[Page 8717]]

 
    A. Licenses issued under parts 30, 35, 40, and 70 of          23,900
     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                  33,900
     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, and          14,800
     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                7,700
     material, source material, or special nuclear
     material for civil defense activities [Program
     Code(s): 03710]....................................
9. Device, product, or sealed source safety evaluation:
    A. Registrations issued for the safety evaluation of           7,600
     devices or products containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel devices, for commercial
     distribution.......................................
    B. Registrations issued for the safety evaluation of          12,600
     devices or products containing byproduct material,
     source material, or special nuclear material
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel devices.............
    C. Registrations issued for the safety evaluation of           7,500
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial distribution...
    D. Registrations issued for the safety evaluation of           1,500
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel.....................
10. Transportation of radioactive material:
    A. Certificates of Compliance or other package
     approvals issued for design of casks, packages, and
     shipping containers.
        1. Spent Fuel, High-Level Waste, and plutonium           \6\ N/A
         air packages...................................
        2. Other Casks..................................         \6\ N/A
    B. Quality assurance program approvals issued under
     part 71 of this chapter
        1. Users and Fabricators........................         \6\ N/A
        2. Users........................................         \6\ N/A
    C. Evaluation of security plans, route approvals,            \6\ N/A
     route surveys, and transportation security devices
     (including immobilization devices).................
11. Standardized spent fuel facilities..................         \6\ N/A
12. Special Projects [Program Code(s): 25110]...........         \6\ N/A
13. A. Spent fuel storage cask Certificate of Compliance         \6\ N/A
    B. General licenses for storage of spent fuel under         \12\ N/A
     10 CFR 72.210......................................
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear material            \7\ N/A
     licenses and other approvals authorizing
     decommissioning, decontamination, reclamation, or
     site restoration activities under parts 30, 40, 70,
     72, and 76 of this chapter, including master
     materials licenses (MMLs) [Program Code(s): 3900,
     11900, 21135, 21215, 21325, 22200].................
    B. Site-specific decommissioning activities                  \7\ N/A
     associated with unlicensed sites, including MMLs,
     whether or not the sites have been previously
     licensed...........................................
15. Import and Export licenses..........................         \8\ N/A
16. Reciprocity.........................................         \8\ N/A
17. Master materials licenses of broad scope issued to           342,000
 Government agencies [Program Code(s): 03614]...........
18. Department of Energy................................
    A. Certificates of Compliance.......................  \10\ 1,423,000
    B. Uranium Mill Tailings Radiation Control Act               627,000
     (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.

[[Page 8718]]

 
\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 (e)(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 2017 fee-relief adjustment are 
as follows:
* * * * *

    Dated at Rockville, Maryland, this 12 day of January 2017.

    For the Nuclear Regulatory Commission.
Maureen E. Wylie,
Chief Financial Officer.
[FR Doc. 2017-01886 Filed 1-27-17; 8:45 am]
 BILLING CODE 7590-01-P