[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]
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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.
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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.
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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]
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FY 2016 final FY 2017 Percentage
rule proposed rule change
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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
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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:
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\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.
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\4\ Does not include contract dollars billed to licensees
separately.
Table II--Hourly Rate Calculation
[Dollars in millions]
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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
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\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.
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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............................................
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Table IV shows how the NRC allocates the $6.1 million fee-relief
adjustment (credit) to each license fee class.
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\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.
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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]
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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
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Total....................... 100.0 3.3 100.0 -6.1 2.8
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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