[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Proposed Rules]
[Pages 10081-10107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03715]
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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. 87, No. 36 / Wednesday, February 23, 2022 /
Proposed Rules
[[Page 10081]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 170 and 171
[NRC-2020-0031]
RIN 3150-AK44
Revision of Fee Schedules; Fee Recovery for Fiscal Year 2022
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend the licensing, inspection, special project, and annual fees
charged to its applicants and licensees. These proposed amendments are
necessary to implement the Nuclear Energy Innovation and Modernization
Act, which requires the NRC to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget less
certain amounts excluded from this fee-recovery requirement. In
addition, on August 20, 2021, the Chief Financial Officer granted a
public interest exemption from the provisions in the fiscal year 2021
final fee rule that required fees for import and export licensing
actions. Therefore, this proposed rule would not assess fees for import
and export licensing activities in fiscal year 2022.
DATES: Submit comments by March 25, 2022. Comments received after this
date will be considered if it is practical to do so, but the NRC is
only able to ensure consideration for comments received before this
date. Because the Nuclear Energy Innovation and Modernization Act
requires the NRC to collect fees for fiscal year 2022 by September 30,
2022, the NRC must finalize any revisions to its fee schedules
promptly, and thus is unable to grant any extension request 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); however, the NRC encourages electronic
comment submission through the Federal rulemaking website:
Federal rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0031. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this proposed rule.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
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: Anthony Rossi, Office of the Chief
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-7341; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
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
Public Protection Notification
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-2020-0031 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0031.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 or 301-415-4737,
or by email to [email protected]. For the convenience of the reader,
the ADAMS accession numbers are provided in the ``Availability of
Documents'' section of this document.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic submission of comments through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2020-0031 in your comment.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment. The NRC will post all comments at https://www.regulations.gov
as well as enter the comments into ADAMS. The NRC does not routinely
edit comments 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 comments. Your request should state that
the NRC does not routinely edit comments to remove such information
before making the comments available to the public or entering the
comments into ADAMS.
[[Page 10082]]
II. Background; Statutory Authority
The NRC's fee regulations are primarily governed by two laws: (1)
The Independent Offices Appropriation Act, 1952 (IOAA) (31 U.S.C.
9701), and (2) the Nuclear Energy Innovation and Modernization Act
(NEIMA) (42 U.S.C. 2215). The IOAA authorizes and encourages Federal
agencies to recover, to the fullest extent possible, costs attributable
to services provided to identifiable recipients. Under NEIMA, the NRC
must recover, to the maximum extent practicable, approximately 100
percent of its annual budget, less the budget authority for excluded
activities. Under Section 102(b)(1)(B) of NEIMA, ``excluded
activities'' include any fee-relief activity as identified by the
Commission, generic homeland security activities, waste incidental to
reprocessing activities, Nuclear Waste Fund activities, advanced
reactor regulatory infrastructure activities, Inspector General
services for the Defense Nuclear Facilities Safety Board, research and
development at universities in areas relevant to the NRC's mission, and
a nuclear science and engineering grant program.
In fiscal year (FY) 2022, the fee-relief activities identified by
the Commission are consistent with prior fee rules and include
Agreement State oversight, regulatory support to Agreement States,
medical isotope production infrastructure, fee exemptions for non-
profit educational institutions, costs not recovered from small
entities under Sec. 171.16(c) of title 10 of the Code of Federal
Regulations (10 CFR), generic decommissioning/reclamation activities,
the NRC's uranium recovery program and unregistered general licenses,
potential U.S. Department of Defense Program Memorandum of
Understanding activities (Military Radium-226), and non-military radium
sites. In addition, the resources for import and export licensing are
identified as a fee-relief activity to be excluded from the fee-
recovery requirement.
Under NEIMA, the NRC must use its IOAA authority first to collect
service fees for NRC work that provides specific benefits to
identifiable recipients (such as licensing work, inspections, and
special projects). The NRC's regulations in 10 CFR part 170, ``Fees for
Facilities, Materials, Import and Export Licenses, and Other Regulatory
Services Under the Atomic Energy Act of 1954, as Amended,'' explain how
the agency collects service fees from specific beneficiaries. Because
the NRC's fee recovery under the IOAA (10 CFR part 170) will not equal
100 percent of the agency's total budget authority for the fiscal year
(less the budget authority for excluded activities), the NRC also
assesses ``annual fees'' under 10 CFR part 171, ``Annual Fees for
Reactor Licenses and Fuel Cycle Licenses and Materials Licenses,
Including Holders of Certificates of Compliance, Registrations, and
Quality Assurance Program Approvals and Government Agencies Licensed by
the NRC,'' to recover the remaining amount necessary to comply with
NEIMA.
III. Discussion
FY 2022 Fee Collection--Overview
The NRC is issuing this FY 2022 proposed fee rule based on the FY
2022 budget request as further described in the NRC's FY 2022
Congressional Budget Justification (CBJ) (NUREG-1100, Volume 37)
because a full-year appropriation has not yet been enacted for FY 2022.
The amount used for total budget authority in this proposed rule is
$887.7 million, an increase of $43.3 million from FY 2021. As explained
previously, certain portions of the NRC's total budget authority for
the fiscal year are excluded from NEIMA's fee-recovery requirement
under Section 102(b)(1)(B) of NEIMA. Based on the FY 2022 budget
request, these exclusions total $131.0 million, an increase of $8.0
million from FY 2021. These excluded activities consist of $91.5
million for fee-relief activities, $23.1 million for advanced reactor
regulatory infrastructure activities, $14.3 million for generic
homeland security activities, $1.0 million for waste incidental to
reprocessing activities, and $1.1 million for Inspector General
services for the Defense Nuclear Facilities Safety Board. Table I
summarizes the excluded activities for the FY 2022 proposed fee rule.
The FY 2021 amounts are provided for comparison purposes.
Table I--Excluded Activities
(Dollars in millions)
------------------------------------------------------------------------
FY 2021 final FY 2022
rule proposed rule
------------------------------------------------------------------------
Fee-Relief Activities:
International activities............ 24.7 25.5
Agreement State oversight........... 10.4 11.1
Medical isotope production 7.0 3.7
infrastructure.....................
Fee exemption for nonprofit 9.3 11.6
educational institutions...........
Costs not recovered from small 7.8 7.4
entities under 10 CFR 171.16(c)....
Regulatory support to Agreement 12.3 12.1
States.............................
Generic decommissioning/reclamation 14.9 15.9
activities (not related to the
operating power reactors and spent
fuel storage fee classes)..........
Uranium recovery program and 3.7 3.0
unregistered general licensees.....
Potential Department of Defense 1.0 0.9
remediation program Memorandum of
Understanding activities...........
Non-military radium sites........... 0.2 0.3
-------------------------------
Subtotal Fee-Relief Activities...... 91.2 91.5
Activities under Section 14.1 16.4
102(b)(1)(B)(ii) of NEIMA (Generic
Homeland Security activities, Waste
Incidental to Reprocessing activities,
and the Defense Nuclear Facilities
Safety Board)..........................
Advanced reactor regulatory 17.7 23.1
infrastructure activities..............
-------------------------------
Total Excluded Activities........... 123.0 131.0
------------------------------------------------------------------------
After accounting for the exclusions from the fee-recovery
requirement and net billing adjustments (i.e., for FY 2022 invoices
that the NRC estimates will not be paid during the fiscal year, less
payments received in FY 2022 for prior year invoices), the NRC must
recover approximately $752.2 million in fees in FY 2022. Of this
amount, the NRC
[[Page 10083]]
estimates that $188.9 million will be recovered through 10 CFR part 170
service fees and approximately $563.3 million will be recovered through
10 CFR part 171 annual fees. Table II summarizes the fee-recovery
amounts for the FY 2022 proposed fee rule using the budget request and
takes into account the budget authority for excluded activities and net
billing adjustments. For all information presented in the following
tables, individual values may not sum to totals due to rounding. Please
see the work papers, available as indicated in the ``Availability of
Documents'' section of this document, for actual amounts.
In FY 2021, the explanatory statement associated with the
Consolidated Appropriations Act, 2021, included direction for the NRC
to use $35.0 million in prior-year unobligated carryover funds,
including $16.0 million for the University Nuclear Leadership Program.
Since a full-year appropriation has not yet been enacted, the FY 2022
proposed fee rule is based on the FY 2022 budget request. Therefore,
this proposed fee rule does not account for the utilization of
carryover funds. The FY 2021 amounts are provided for comparison
purposes.
TABLE II--Budget and Fee Recovery Amounts
(Dollars in millions)
------------------------------------------------------------------------
FY 2021 Final FY 2022 Proposed
rule rule
------------------------------------------------------------------------
Total Budget Authority............... $844.4 $887.7
Less Budget Authority for Excluded -123.0 -131.0
Activities:.........................
----------------------------------
Balance.......................... 721.4 756.7
Fee Recovery Percent................. 100 100
----------------------------------
Total Amount to be Recovered:........ 721.4 756.7
Less Estimated Amount to be -190.6 -188.9
Recovered through 10 CFR Part
170 Fees........................
----------------------------------
Estimated Amount to be Recovered 530.8 567.8
through 10 CFR Part 171 Fees....
10 CFR Part 171 Billing Adjustments:
Unpaid Current Year Invoices 2.1 2.0
(estimated).....................
Less Current Year Collections -2.7 N/A
from a Terminated Reactor--
Indian Point Nuclear Generating,
Unit 2 in FY 2020 and Indian
Point Nuclear Generating, Unit 3
in FY 2021......................
Less Payments Received in Current -12.8 -6.5
Year for Previous Year Invoices
(estimated).........................
----------------------------------
Adjusted Amount to be Recovered 708.0 752.2
through 10 CFR parts 170 and 171
Fees................................
----------------------------------
Adjusted 10 CFR part 171 Annual Fee 517.4 563.3
Collections Required................
------------------------------------------------------------------------
FY 2022 Fee Collection--Professional Hourly Rate
The NRC uses a professional hourly rate to assess fees under 10 CFR
part 170 for specific services it provides. The professional hourly
rate also helps determine flat fees (which are used for the review of
certain types of license applications). This rate is applicable to all
activities for which fees are assessed under Sec. Sec. 170.21 and
170.31.
The NRC's professional hourly rate is derived by adding budgeted
resources for (1) mission-direct program salaries and benefits, (2)
mission-indirect program support, and (3) agency support (corporate
support and the Inspector General). The NRC then subtracts certain
offsetting receipts and divides this total by the mission-direct full-
time equivalent (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 only
budgeted resources excluded from the professional hourly rate are those
for mission-direct contract resources, which are generally billed to
licensees separately. The following shows the professional hourly rate
calculation:
[GRAPHIC] [TIFF OMITTED] TP23FE22.000
For FY 2022, the NRC is proposing to increase the professional
hourly rate from $288 to $291. The 0.9 percent increase in the
professional hourly rate is primarily due to a 1.5 percent increase in
budgetary resources of approximately $11.2 million. The increase in
budgetary resources is, in turn, primarily due to an increase in
salaries and benefits to support Federal pay raises for NRC employees.
The anticipated increase in the number of mission-direct FTE compared
to FY 2021 is an offset to the increase in the professional hourly
rate. The number of mission-direct FTE is expected to increase by 10,
primarily to support new reactor licensing activities, including the
review of design certifications, pre-application activities, and the
review of combined license (COL) applications.
The FY 2022 estimate for annual mission-direct FTE productive hours
is 1,510 hours, which is unchanged from FY 2021. This estimate, also
referred to as 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 estimate, therefore, excludes hours charged
to annual leave, sick leave, holidays, training, and general
administrative tasks. Table III shows the professional hourly rate
calculation methodology. The FY 2021 amounts are provided for
comparison purposes.
[[Page 10084]]
Table III--Professional Hourly Rate Calculation
[Dollars in millions, except as noted]
------------------------------------------------------------------------
FY 2021 final FY 2022
rule proposed rule
------------------------------------------------------------------------
Mission-Direct Program Salaries & $335.3 $348.9
Benefits...............................
Mission-Indirect Program Support........ $113.2 $115.6
Agency Support (Corporate Support and $283.7 $278.9
the IG)................................
Subtotal................................ $732.2 $743.4
Less Offsetting Receipts \1\............ $0.0 $0.0
Total Budgeted Resources Included in $732.2 $743.4
Professional Hourly Rate...............
Mission-Direct FTE (Whole numbers)...... 1,684 1,694
Annual Mission-Direct FTE Productive 1,510 1,510
Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours 2,542,840 2,557,940
(Mission-Direct FTE multiplied by
Annual Mission-Direct FTE Productive
Hours).................................
Professional Hourly Rate (Total Budgeted $288 $291
Resources Included in Professional
Hourly Rate Divided by Mission-Direct
FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------
FY 2022 Fee Collection--Flat Application Fee Changes
---------------------------------------------------------------------------
\1\ The fees collected by the NRC for Freedom of Information Act
(FOIA) services and indemnity fees (financial protection required of
all licensees for public liability claims at 10 CFR part 140) are
subtracted from the budgeted resources amount when calculating the
10 CFR part 170 professional hourly rate, per the guidance in the
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 budgeted resources for indemnity activities are
allocated under the Licensing Actions and Research and Test Reactors
products within the Operating Reactors business line.
---------------------------------------------------------------------------
The NRC proposes to amend the flat application fees it charges in
its schedule of fees in Sec. Sec. 170.21 and 170.31 to reflect the
revised professional hourly rate of $291. The NRC charges these fees to
applicants for materials licenses and other regulatory services, as
well as to holders of materials licenses. The NRC calculates these flat
fees by multiplying the average professional staff hours needed to
process the licensing actions by the professional hourly rate for FY
2022. As part of its calculations, the NRC analyzes the actual hours
spent performing licensing actions and estimates the five-year average
of professional staff hours that are needed to process licensing
actions as part of its biennial review of fees. These actions are
required by Section 205(a) of the Chief Financial Officers Act of 1990
(31 U.S.C. 902(a)(8)). The NRC performed this review in FY 2021 and
will perform this review again in FY 2023. The higher professional
hourly rate of $291 is the primary reason for the increase in flat
application fees (see the work papers).
In order to simplify billing, the NRC rounds these flat fees to a
minimal degree. Specifically, the NRC rounds these flat fees (up or
down) in such a way that ensures both convenience for its stakeholders
and minimal effects due to rounding. 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 flat fees are applicable for 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 2022 final fee rule will be subject
to the revised fees in the final rule.
In accordance with NEIMA, in FY 2022, the NRC identified
international activities, including the resources for import and export
licensing activities, as a fee-relief activity to be excluded from the
fee-recoverable budget. The FY 2021 final fee rule, published in the
Federal Register (86 FR 32146; June 16, 2021), provided for fees to be
charged for import and export licensing actions, consistent with the FY
2021 budget request. However, charging fees under 10 CFR part 170 for
import and export licensing actions during the effective dates of the
FY 2021 final fee rule would be inconsistent with the Commission's
substantive fee policy decision in the FY 2022 budget request and would
result in the NRC imposing fees for import and export licensing actions
for only one FY between FY 2018 and FY 2022. This would not be fair and
equitable and could also lead to confusion for the affected import and
export license applicants/licensees. Therefore, in light of the
particular facts and unique history associated with this matter, on
August 20, 2021, the Chief Financial Officer concluded that it would be
in the public interest to grant an exemption from the provisions in the
FY 2021 final fee rule (in Sec. Sec. 170.21 and 170.31) that would
require fees for import and export licensing actions in accordance with
Sec. 170.11(b). In accordance with the Commission's substantive fee
policy decision for FY 2022, fees will not be assessed for import and
exporting licensing activities (see fee categories K.1. through K.5. of
Sec. 170.21 and fee categories 15.A. through 15.R. of Sec. 170.31)
under this proposed rule.
FY 2022 Fee Collection--Low-Level Waste Surcharge
As in prior years, the NRC proposes to assess a generic low-level
waste (LLW) surcharge of $4.3 million. Disposal of LLW occurs at
commercially operated LLW disposal facilities that are licensed by
either the NRC or an Agreement State. Four existing LLW disposal
facilities in the United States accept various types of LLW. All are
located in Agreement States and, therefore, are regulated by an
Agreement State, rather than the NRC. The NRC proposes to allocate this
surcharge to its licensees based on data available in the U.S.
Department of Energy's (DOE) Manifest Information Management System.
This database contains information on total LLW volumes disposed of by
four generator classes: Academic, industrial, medical, and utility. The
ratio of waste volumes disposed of by these generator classes to total
LLW volumes disposed over a period of time is used to estimate the
portion of this surcharge that will be allocated to the power reactors,
fuel facilities, and the materials users fee classes. The materials
users fee class portion is adjusted to account for the large percentage
of materials licensees
[[Page 10085]]
that are licensed by the Agreement States rather than the NRC.
Table IV shows the allocation of the LLW surcharge and its
allocation across the various fee classes.
Table IV--Allocation of LLW Surcharge FY 2022
[Dollars in millions]
------------------------------------------------------------------------
LLW surcharge
Fee classes -------------------------------
Percent $
------------------------------------------------------------------------
Operating Power Reactors................ 87.5 3.7
Spent Fuel Storage/Reactor 0.0 0.0
Decommissioning........................
Non-Power Production or Utilization 0.0 0.0
Facilities.............................
Fuel Facilities......................... 9.9 0.4
Materials Users......................... 2.6 0.1
Transportation.......................... 0.0 0.0
Rare Earth Facilities................... 0.0 0.0
Uranium Recovery........................ 0.0 0.0
-------------------------------
Total............................... 100.0 4.3
------------------------------------------------------------------------
FY 2022 Fee Collection--Revised Annual Fees
In accordance with SECY-05-0164, ``Annual Fee Calculation Method,''
the NRC rebaselines its annual fees every year. ``Rebaselining''
entails analyzing the budget in detail and then allocating the FY 2022
budgeted resources to various classes or subclasses of licensees. It
also includes updating the number of NRC licensees in its fee
calculation methodology.
The NRC is proposing revisions to its annual fees in Sec. Sec.
171.15 and 171.16 to recover approximately 100 percent of the NRC's FY
2022 budget request (less the budget authority for excluded activities
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 $188.9 million, which is a decrease of $1.6 million from the FY
2021 final rule. The NRC, therefore, must recover $563.3 million
through annual fees from its licensees, which is an increase of $43.1
million from the FY 2021 final rule.
Table V shows the proposed rebaselined fees for FY 2022 for a
sample of licensee categories. The FY 2021 amounts are provided for
comparison purposes.
Table V--Rebaselined Annual Fees
[Actual dollars]
------------------------------------------------------------------------
FY 2022
Class/category of licenses FY 2021 final proposed
annual fee annual fee
------------------------------------------------------------------------
Operating Power Reactors................ $4,749,000 $5,165,000
+ Spent Fuel Storage/Reactor 237,000 254,000
Decommissioning........................
-------------------------------
Total, Combined Fee................. 4,986,000 5,419,000
Spent Fuel Storage/Reactor 237,000 254,000
Decommissioning........................
Non-Power Production or Utilization 80,000 93,000
Facilities.............................
High Enriched Uranium Fuel Facility 4,643,000 4,441,000
(Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility 1,573,000 1,505,000
(Category 1.A.(1)(b))..................
Uranium Enrichment (Category 1.E)....... 2,023,000 1,935,000
UF6 Conversion and Deconversion Facility 467,000 447,000
(Category 2.A.(1)......................
Basic In Situ Recovery Facilities 47,200 47,000
(Category 2.A.(2)(b))..................
Typical Users:
Radiographers (Category 3O)......... 29,100 29,700
All Other Specific Byproduct 9,900 9,900
Material Licensees (Category 3P)...
Medical Other (Category 7C)......... 16,800 17,000
Device/Product Safety Evaluation--Broad 17,900 18,200
(Category 9A)..........................
------------------------------------------------------------------------
The work papers that support this proposed rule show in detail how
the NRC allocates the budgeted resources for each class of licensees
and calculates the fees.
Paragraphs a. through h. of this section describe the budgeted
resources allocated to each class of licensees and the calculations of
the rebaselined fees. For more information about detailed fee
calculations for each class, please consult the accompanying work
papers for this proposed rule.
a. Operating Power Reactors
The NRC proposes to collect $485.5 million in annual fees from the
operating power reactors fee class in FY 2022, as shown in Table VI.
The FY 2021 operating power reactors fees are shown for comparison
purposes.
[[Page 10086]]
Table VI--Annual Fee Summary Calculations for Operating Power Reactors
[Dollars in millions]
------------------------------------------------------------------------
FY 2021 final FY 2022
Summary fee calculations rule proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $611.8 $645.1
Less estimated 10 CFR part 170 receipts. -161.6 -160.0
-------------------------------
Net 10 CFR part 171 resources....... 450.2 485.1
Allocated generic transportation........ 0.3 0.5
Allocated LLW surcharge................. 2.9 3.7
Billing adjustment...................... -9.1 -3.9
Adjustment: Estimated current year -2.7 N/A
collections from a terminated reactor
(Indian Point Generating, Unit 3 in FY
2021)..................................
-------------------------------
Total required annual fee recovery.. 441.7 485.5
Total operating reactors............ 93 94
------------------------------------------------------------------------
Annual fee per operating reactor........ $4.749 $5.165
------------------------------------------------------------------------
In comparison to FY 2021, the FY 2022 proposed annual fee for the
operating power reactors fee class is increasing primarily due to the
following: (1) An increase in budgeted resources; (2) a reduction of
the 10 CFR part 171 billing adjustment; (3) the absence of the
collection adjustment that was provided in FY 2021 due to the shutdown
of Indian Point Generating, Unit 3; and (4) a decrease in 10 CFR part
170 estimated billings. The increase in the annual fee for the
operating power reactors fee class is partially offset due to the
increase in the total number of operating power reactors from 93 to 94.
These components are discussed in the following paragraphs.
The budgeted resources for the operating power reactors fee class
increased primarily due to the following: (1) An increase in contract
funding in the information technology program to support the Mission
Analytics Portal (a tool to enhance the agency's ability to leverage
data to support mission activities), to develop infrastructure to
increase analytics capabilities using artificial intelligence, and to
develop mobile applications for resident inspectors; (2) an increase in
certain contract costs in the areas of research, event response, and
licensing due to the absence of authorized prior year unobligated
carryover funding compared to FY 2021; (3) to support new reactor
licensing activities for the review of the Westinghouse eVinci micro
reactor design certification, the review of the NuScale Power, LLC
standard design approval application, and pre-application activities
for three non-light water reactors and COL applications; and (4)
security-related pre-application activities for the Utah Associated
Municipal Power Systems application. These new reactor resources are
offset by a decrease in oversight resulting from the anticipated
transition of Vogtle Electric Generating Plant, Units 3 and 4 (Vogtle
Units 3 and 4), from construction into operation.
The proposed annual fee is also increasing due to the following
contributing factors: (1) A lower 10 CFR part 171 billing adjustment
credit than was included in the operating power reactors fee class
calculation in FY 2021 from the deferral of annual fees and service
fees due to the coronavirus disease (COVID-19) pandemic; and (2) the
absence of the one-time current year collection adjustment that
resulted in a credit of $2,700,000 due to the shutdown of Indian Point
Nuclear Generating, Unit 3, in FY 2021.
Furthermore, the proposed annual fee for the operating power
reactors fee class is increasing due to a decrease in the 10 CFR part
170 estimated billings as a result of the following: (1) The NRC's
denial of the Oklo Power, LLC COL application to build and operate the
Aurora compact fast reactor and (2) a decrease in hours associated with
operator reactor licensing activities. The decrease in 10 CFR part 170
estimated billings is offset by an increase in work due to the
following: (1) An anticipated rise in in-person inspections and travel
as COVID-19 impacts become less prominent; (2) an increase in operating
reactors license renewal applications; and (3) licensing activities to
support the planned reviews of new power reactor designs.
The fee-recoverable budgeted resources are divided equally among
the 94 licensed operating power reactors, an increase of one operating
power reactor compared to FY 2021 due to the proposed assessment of
annual fees for Vogtle Unit 3, resulting in an annual fee of $5,165,000
per reactor. Additionally, each licensed operating power reactor will
be assessed the FY 2022 spent fuel storage/reactor decommissioning
annual fee of $254,000 (see Table VII and the discussion that follows).
The combined FY 2022 proposed annual fee for each operating power
reactor is $5,419,000.
Section 102(b)(3)(B)(i) of NEIMA established a new cap for the
annual fees charged to operating reactor licensees; under this
provision, the annual fee for an operating reactor licensee, to the
maximum extent practicable, shall not exceed the annual fee amount per
operating reactor licensee established in the FY 2015 final fee rule
(80 FR 37432; June 30, 2015), adjusted for inflation. The NRC included
an estimate of the operating power reactors annual fee in Appendix C,
``Estimated Operating Power Reactors Annual Fee,'' of the FY 2022
budget request, with the intent to increase transparency with
stakeholders. The NRC developed this estimate based on the staff's
allocation of the FY 2022 budget request to fee classes under 10 CFR
part 170, and allocations within the operating power reactors fee class
under 10 CFR part 171. In addition, the estimated annual fee assumed 94
operating power reactors in FY 2022 and applied various data
assumptions from the FY 2021 final fee rule (86 FR 32146; June 16,
2021). Based on these allocations and assumptions, the operating power
reactor annual fee included in the FY 2022 budget request was estimated
to be $4.8 million, approximately $0.6 million below the FY 2015
operating power reactors annual fee amount adjusted for inflation of
$5.5 million. Although the FY 2022 budget request included the
estimated operating power reactors annual fee, the assumptions made
between budget formulation and the development of the FY 2022 proposed
rule have changed; however, the FY 2022 proposed annual fee of
$5,165,000 remains below the FY
[[Page 10087]]
2015 operating power reactors annual fee amount adjusted for inflation.
In FY 2016, the NRC amended its licensing, inspection, and annual
fee regulations to establish a variable annual fee structure for light-
water small modular reactors (SMRs) (81 FR 32617). Under the variable
annual fee structure, an SMR annual fee would be assessed as a function
of its bundled licensed thermal power rating. Currently, there are no
operating SMRs; therefore, the NRC will not assess an annual fee in FY
2022 for this type of licensee.
b. Spent Fuel Storage/Reactor Decommissioning
The NRC proposes to collect $31.3 million in annual fees from 10
CFR part 50 power reactor licensees, and from 10 CFR part 72 licensees
that do not hold a 10 CFR part 50 license, to recover the budgeted
resources for the spent fuel storage/reactor decommissioning fee class
in FY 2022, as shown in Table VII. The FY 2021 spent fuel storage/
reactor decommissioning fees are shown for comparison purposes.
Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/
Reactor Decommissioning
[Dollars in millions]
------------------------------------------------------------------------
FY 2021 final FY 2022
Summary fee calculations rule proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $42.2 $40.4
Less estimated 10 CFR part 170 receipts. -13.8 -10.3
-------------------------------
Net 10 CFR part 171 resources....... 28.4 30.2
Allocated generic transportation costs.. 1.1 1.4
Billing adjustments..................... -0.6 -0.3
-------------------------------
Total required annual fee recovery.. 28.9 31.3
Total spent fuel storage facilities. 122 123
------------------------------------------------------------------------
Annual fee per facility................. 0.237 0.254
------------------------------------------------------------------------
In comparison to FY 2021, the FY 2022 proposed annual fee for the
spent fuel storage/reactor decommissioning fee class is increasing
primarily due to the following: (1) The decline in the 10 CFR part 170
estimated billings and (2) a reduction of the 10 CFR part 171 billing
adjustment. The increase in the proposed annual fee is partially offset
by a decrease in the budgeted resources. These components are discussed
in the following paragraphs.
The 10 CFR part 170 estimated billings for the spent fuel storage/
reactor decommissioning fee class decreased primarily due to the
following: (1) A reduction in hours and contract support associated
with the staff's review of applications for renewals and amendments for
independent spent fuel storage installation (ISFSI) licenses and dry
cask storage certificates of compliance (CoCs); (2) the completion of
the review of the Interim Storage Partners consolidated interim storage
facility application and issuance of the license; and (3) the near
completion of the staff's review of the Holtec HI-STORE consolidated
interim storage facility application. This decrease in the 10 CFR part
170 estimated billings is partially offset by increased work, including
the following: (1) Inspection activities, exemption requests, and
financial assurance reviews for ISFSI licenses and dry cask storage
CoCs; (2) the staff's review of a new fuel storage system; and (3)
activities within the power reactor decommissioning program to support
Indian Point Generating Unit 2's transition to decommissioning, the
staff's review of a license transfer application for Kewaunee, and an
increase in contract support for license termination plan activities,
cooling tower demo surveys, and confirmatory surveys.
The increase in the annual fee is also due to a lower 10 CFR part
171 billing adjustment credit than was included in the spent fuel
storage/reactor decommissioning fee class calculation in FY 2021 from
the deferral of annual fees and service fees due to the COVID-19
pandemic.
The increase in the annual fee for the spent fuel storage/reactor
decommissioning fee class is partially offset by a decline in budgeted
resources with changes in workload primarily due to the completion of
the license application reviews for the consolidated interim storage
facilities and renewals for other ISFSIs. The decrease in the budgeted
resources is offset by an increase in contract costs due to the absence
of prior year unobligated carryover funding compared to FY 2021.
The required annual fee recovery amount is divided equally among
123 licensees, resulting in a FY 2022 annual fee of $254,000 per
licensee.
c. Fuel Facilities
The NRC proposes to collect $16.8 million in annual fees from the
fuel facilities fee class in FY 2022, as shown in Table VIII. The FY
2021 fuel facilities fees are shown for comparison purposes.
Table VIII--Annual Fee Summary Calculations for Fuel Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2021 final FY 2022
Summary fee calculations rule proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $23.3 $22.4
Less estimated 10 CFR part 170 receipts. -7.3 -7.8
-------------------------------
Net 10 CFR part 171 resources....... 16.0 14.6
Allocated generic transportation........ 1.5 1.9
Allocated LLW surcharge................. 0.3 0.4
[[Page 10088]]
Billing adjustments..................... -0.4 -0.2
-------------------------------
Total remaining required annual fee 17.5 16.8
recovery...........................
------------------------------------------------------------------------
In comparison to FY 2021, the FY 2022 proposed annual fee for the
fuel facilities fee class is decreasing primarily due to the decrease
in budgeted resources and the increase in 10 CFR part 170 estimated
billings as discussed in the following paragraphs.
The budgeted resources for the fuel facilities fee class decreased
primarily due to the following: (1) Efficiencies gained as a result of
implemented enhancements to the licensing program and 2) enhancements
made to the fuel facility oversight program through the implementation
of the smarter inspection program.
The 10 CFR part 170 estimated billings increased as a result of the
following: (1) The review of a new fuel facility license application,
including the environmental review, for TRISO-X and (2) the staff's
continued review of the Westinghouse Electric Company, LLC license
renewal application.
The NRC will continue allocating 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, the matrix groups licensees within this fee class
into various fee categories. The matrix lists processes that are
conducted at licensed sites and assigns effort factors for the safety
and safeguards activities associated with each process (these effort
levels are reflected in Table IX). The annual fees are then distributed
across the fee class based on the regulatory effort assigned by the
matrix. The effort factors in the matrix represent regulatory effort
that is not recovered through 10 CFR part 170 fees (e.g., rulemaking,
guidance). Regulatory effort for activities that are subject to 10 CFR
part 170 fees, such as the number of inspections, is not applicable to
the effort factor.
Table IX--Effort Factors for Fuel Facilities, FY 2022
----------------------------------------------------------------------------------------------------------------
Effort factors
Facility type (fee category) Number of -------------------------------
facilities Safety Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))......................... 2 88 91
Low-Enriched Uranium Fuel (1.A.(1)(b)).......................... 3 70 21
Limited Operations (1.A.(2)(a))................................. 1 3 17
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............ 0 0 0
Hot Cell (and others) (1.A.(2)(c)).............................. 0 0 0
Uranium Enrichment (1.E.)....................................... 1 16 23
UF6 Conversion and Deconversion (2.A.(1))....................... 1 7 2
----------------------------------------------------------------------------------------------------------------
In FY 2022, the total remaining amount of the proposed annual fees
to be recovered, $16.8 million, is attributable to safety activities,
safeguards activities, and the LLW surcharge. For FY 2022, the total
budgeted resources proposed to be recovered as annual fees for safety
activities are $8.9 million. To calculate the annual fee, the NRC
allocates this amount to each fee category based on its percentage of
the total regulatory effort for safety activities. Similarly, the NRC
allocates the budgeted resources to be recovered as annual fees for
safeguards activities, $7.5 million, to each fee category based on its
percentage of the total regulatory effort for safeguards activities.
Finally, the fuel facilities fee class portion of the LLW surcharge--
$0.4 million--is allocated to each fee category based on its percentage
of the total regulatory effort for both safety and safeguards
activities. The proposed 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 proposed annual fee
for each facility is summarized in Table X.
Table X--Annual Fees for Fuel Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2022
Facility type (fee category) FY 2021 final proposed
annual fee annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)). $4,643,000 $4,441,000
Low-Enriched Uranium Fuel (1.A.(1)(b)).. 1,573,000 1,505,000
Facilities with limited operations 1,037,000 992,000
(1.A.(2)(a))...........................
Gas Centrifuge Enrichment Demonstration N/A N/A
(1.A.(2)(b))...........................
Hot Cell (and others) (1.A.(2)(c))...... N/A N/A
Uranium Enrichment (1.E.)............... 2,023,000 1,935,000
UF6 Conversion and Deconversion 467,000 447,000
(2.A.(1))..............................
------------------------------------------------------------------------
[[Page 10089]]
d. Uranium Recovery Facilities
The NRC proposes to collect $0.2 million in annual fees from the
uranium recovery facilities fee class in FY 2022, as shown in Table XI.
The FY 2021 uranium recovery facilities fees are shown for comparison
purposes.
Table XI--Annual Fee Summary Calculations for Uranium Recovery
Facilities
[Dollars in millions]
------------------------------------------------------------------------
FY 2021 final FY 2022
Summary fee calculations rule proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $0.5 $0.7
Less estimated 10 CFR part 170 receipts. -0.3 -0.5
-------------------------------
Net 10 CFR part 171 resources....... 0.2 0.2
Allocated generic transportation........ N/A N/A
Billing adjustments..................... 0.0 0.0
-------------------------------
Total required annual fee recovery.. 0.2 0.2
------------------------------------------------------------------------
In comparison to FY 2021, the FY 2022 proposed annual fee for the
non-DOE licensee in the uranium recovery facilities fee class is
decreasing slightly due to an increase in 10 CFR part 170 estimated
billings to support an increase in casework for Crow Butte Resources,
Inc. related to its license renewal and to support a dam safety
inspection.
The NRC regulates DOE's Title I and Title II activities under the
Uranium Mill Tailings Radiation Control Act (UMTRCA).\2\ The annual fee
assessed to DOE includes the resources specifically budgeted for the
NRC's UMTRCA Title I and II activities, as well as 10 percent of the
remaining budgeted resources for this fee class. The NRC described the
overall methodology for determining fees for UMTRCA in the FY 2002 fee
rule (67 FR 42625; June 24, 2002), and the NRC continues to use this
methodology. The DOE's UMTRCA proposed annual fee is increasing
compared to FY 2021 due to an increase in budgetary resources
attributed to generic work that staff will be performing to resolve
issues associated with the transfer of NRC and Agreement State uranium
mill tailings sites to the DOE for long-term surveillance and
maintenance. The increase in the annual fee is offset by an increase in
the 10 CFR part 170 estimated billings for the anticipated workload
increases at various DOE UMTRCA sites. The NRC assesses the remaining
90 percent of its budgeted resources to the remaining licensee in this
fee class, as described in the work papers, which is reflected in Table
XII.
Table XII--Costs Recovered Through Annual Fees; Uranium Recovery
Facilities Fee Class
[Actual dollars]
------------------------------------------------------------------------
FY 2022
Summary of costs FY 2021 final proposed
annual fee annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I
and Title II) General Licenses:
UMTRCA Title I and Title II budgeted $111,536 $170,294
resources less 10 CFR part 170
receipts...........................
10 percent of generic/other uranium 5,241 5,222
recovery budgeted resources........
10 percent of uranium recovery fee- N/A N/A
relief adjustment..................
-------------------------------
Total Annual Fee Amount for DOE 117,000 176,000
(rounded)......................
Annual Fee Amount for Other Uranium
Recovery Licenses:
90 percent of generic/other uranium 47,166 46,994
recovery budgeted resources less
the amounts specifically budgeted
for UMTRCA Title I and Title II
activities.........................
90 percent of uranium recovery fee- N/A N/A
relief adjustment..................
-------------------------------
Total Annual Fee Amount for 47,166 46,994
Other Uranium Recovery Licenses
------------------------------------------------------------------------
Further, for any non-DOE licensees, the NRC will continue using a
matrix to determine the effort levels associated with conducting
generic regulatory actions for the different licensees in the uranium
recovery facilities 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, and mill tailings disposal
facilities. The matrix identifies the types of operating activities
that support and benefit these licensees, along with each activity's
relative weight (see the work papers). Currently, there is only one
remaining non-DOE licensee, which is a basic in situ recovery facility.
Table XIII displays the benefit factors for the non-DOE licensee in
that fee category.
---------------------------------------------------------------------------
\2\ Congress established the two programs, Title I and Title II,
under UMTRCA to protect the public and the environment from hazards
associated with 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 weapons programs.
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.
[[Page 10090]]
Table XIII--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)).. 0 0 0 0
Basic In Situ Recovery facilities (2.A.(2)(b)).. 1 190 190 100
Expanded In Situ Recovery facilities 0 0 0 0
(2.A.(2)(c))...................................
Section 11e.(2) disposal incidental to existing 0 0 0 0
tailings sites (2.A.(4)).......................
---------------------------------------------------------------
Total....................................... 1 190 190 100
----------------------------------------------------------------------------------------------------------------
The FY 2022 proposed annual fee for the remaining non-DOE licensee
is calculated by allocating 100 percent of the budgeted resources, as
summarized in Table XIV.
Table XIV--Annual Fees for Uranium Recovery Licensees
[Other than DOE]
[Actual dollars]
------------------------------------------------------------------------
FY 2022
Facility type (fee category) FY 2021 final proposed
annual fee annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills N/A N/A
(2.A.(2)(a))...........................
Basic In Situ Recovery facilities $47,200 $47,000
(2.A.(2)(b))...........................
Expanded In Situ Recovery facilities N/A N/A
(2.A.(2)(c))...........................
Section 11e.(2) disposal incidental to N/A N/A
existing tailings sites (2.A.(4))......
------------------------------------------------------------------------
e. Non-Power Production or Utilization Facilities
The NRC proposes to collect $0.279 million in annual fees from the
non-power production or utilization facilities fee class in FY 2022, as
shown in Table XV. The final FY 2021 non-power production or
utilization facilities fees are shown for comparison purposes.
Table XV--Annual Fee Summary Calculations for Non-Power Production or
Utilization Facilities
[Actual dollars]
------------------------------------------------------------------------
FY 2021 final FY 2022
Summary fee calculations rule proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $2,896,754 $6,079,694
Less estimated 10 CFR part 170 receipts. -2,576,000 -5,803,000
-------------------------------
Net 10 CFR part 171 resources....... 320,754 276,694
Allocated generic transportation \3\.... 43,302 38,860
Billing adjustments \3\................. -43,915 -36,633
-------------------------------
Total required annual fee recovery.. 320,141 278,921
Total non-power production or 4 3
utilization facilities licenses....
-------------------------------
Total annual fee per license (rounded).. $80,000 $93,000
------------------------------------------------------------------------
In comparison to FY 2021, the FY 2022 proposed annual fee for the
non-power production or utilization facilities fee class is increasing,
primarily due to the decrease of non-power production or utilization
facilities from four to three due to the expected transition of the
Aerotest Radiography and Research Reactor to decommissioning.
---------------------------------------------------------------------------
\3\ In the FY 2021 final fee rule, the decimal places for the
``allocated generic transportation'' and ``billing adjustments''
calculations were adjusted to the thousandths place instead of the
correct ten thousandths place. There was no impact to the overall
calculation for the FY 2021 final fee rule. The revised dollar
amounts for FY 2021 are shown here to align with the rest of Table
XV and provide a clearer comparison to the FY 2022 proposed fees.
---------------------------------------------------------------------------
In FY 2022, the budgetary resources for the non-power production or
utilization facilities fee class are primarily increasing because of an
increase in workload associated with medical isotope production
facilities and advanced research and test reactors. In addition, the 10
CFR part 170 estimated billings with respect to the medical isotope
production facilities and advanced research and test reactors are
increasing primarily due to the following: (1) The staff's review of
the operating license application for SHINE Medical Technologies, LLC
and construction inspection activities; (2) the staff's review of the
Kairos Power application for a permit to construct a test reactor; (3)
pre-application meetings; and (4) the review of topical reports. The 10
CFR part 170 estimated billings associated with the current fleet of
operating non-power production or utilization facilities licensees
subject to annual fees are increasing to support the following: (1)
Activities associated with
[[Page 10091]]
the review of the GE Nuclear Test Reactor license renewal application
and amendments and (2) activities associated with the special team
inspection and restart for the National Institute of Standards and
Technology Neutron Reactor.
The annual fee-recovery amount is divided equally among the three
non-power production or utilization facilities licensees subject to
annual fees and results in an FY 2022 proposed annual fee of $93,000
for each licensee.
f. Rare Earth
The agency received an application for a rare earth facility in FY
2021. In FY 2022, the NRC has allocated approximately $0.2 million in
budgeted resources to this fee class; however, because all the
budgetary resources will be recovered through service fees assessed
under 10 CFR part 170, the NRC is not proposing to assess and collect
annual fees in FY 2022 for this fee class.
g. Materials Users
The NRC proposes to collect $35.0 million in annual fees from
materials users licensed under 10 CFR parts 30, 40, and 70 in FY 2022,
as shown in Table XVI. The FY 2021 materials users fees are shown for
comparison purposes.
Table XVI--Annual Fee Summary Calculations for Materials Users
[Dollars in millions]
------------------------------------------------------------------------
FY 2021 final FY 2022
Summary fee calculations rule proposed rule
------------------------------------------------------------------------
Total budgeted resources for licensees $35.1 $34.1
not regulated by Agreement States......
Less estimated 10 CFR part 170 receipts. -1.0 -0.9
-------------------------------
Net 10 CFR part 171 resources....... 34.1 33.2
Allocated generic transportation........ 1.5 1.8
LLW surcharge........................... 0.1 0.1
Billing adjustments..................... -0.4 -0.2
-------------------------------
Total required annual fee recovery.. 35.3 35.0
------------------------------------------------------------------------
The formula for calculating 10 CFR part 171 annual fees for the
various categories of materials users is described in detail in the
work papers. Generally, the calculation results in a single annual fee
that includes 10 CFR part 170 costs, such as amendments, renewals,
inspections, and other licensing actions specific to individual fee
categories.
The total annual fee recovery of $35.0 million for FY 2022 shown in
Table XVI consists of $27.2 million for general costs, $7.7 million for
inspection costs, and $0.1 million for LLW costs. To equitably and
fairly allocate the $35.0 million required to be collected among
approximately 2,460 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 materials
license, this approach provides a proxy for allocating the generic and
other regulatory costs to the diverse fee categories. 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.
In comparison to FY 2021, the FY 2022 proposed annual fees are
increasing for 44 fee categories within the materials users fee class
primarily due to the following: (1) An increase in the budgeted
resources for inspections activities compared to the FY 2021 biennial
review of inspection hours; (2) a decline in 10 CFR part 170 estimated
billings; (3) an increase in generic transportation costs for materials
users; and (4) a reduction of materials users licensees from FY 2021.
A constant multiplier is established to recover the total general
costs (including allocated generic transportation costs) of $27.2
million. To derive the constant multiplier, the general cost amount is
divided by the sum of all fee categories (application fee plus the
inspection fee divided by inspection priority) then multiplied by the
number of licensees. This calculation results in a constant multiplier
of 1.0 for FY 2022. The average inspection cost is the average
inspection hours for each fee category multiplied by the professional
hourly rate of $291. The inspection priority is the interval between
routine inspections, expressed in years. The inspection multiplier is
established in order to recover the $7.7 million in inspection costs.
To derive the inspection multiplier, the inspection costs amount is
divided by the sum of all fee categories (inspection fee divided by
inspection priority) then multiplied by the number of licensees. This
calculation results in an inspection multiplier of 1.47 for FY 2022.
The unique category costs are any special costs that the NRC has
budgeted for a specific category of licenses. Please see the work
papers for more detail about this classification.
The proposed annual fee being assessed to each licensee also takes
into account a share of approximately $0.11 million in LLW surcharge
costs allocated to the materials users fee class (see Table IV,
``Allocation of LLW Surcharge, FY 2022,'' in Section III,
``Discussion,'' of this document). The proposed annual fee for each fee
category is shown in the proposed revision to Sec. 171.16(d).
h. Transportation
The NRC proposes to collect $1.7 million in annual fees to recover
generic transportation budgeted resources in FY 2022, as shown in Table
XVII. The FY 2021 fees are shown for comparison purposes.
[[Page 10092]]
Table XVII--Annual Fee Summary Calculations for Transportation
[Dollars in millions]
------------------------------------------------------------------------
FY 2021 final FY 2022
Summary fee calculations rule proposed rule
------------------------------------------------------------------------
Total budgeted resources................ $8.3 $10.2
Less estimated 10 CFR part 170 receipts. -2.3 -2.8
-------------------------------
Net 10 CFR part 171 resources....... 5.9 7.3
Less generic transportation resources... -4.5 -5.7
Billing adjustments..................... -0.1 0.0
-------------------------------
Total required annual fee recovery.. 1.4 1.7
------------------------------------------------------------------------
In comparison to FY 2021, the FY 2022 proposed annual fee for the
transportation fee class is increasing primarily due to an increase in
the budgeted resources offset by: (1) An increase in the 10 CFR part
170 estimated billings and (2) generic transportation resources
allocated to other fee classes as discussed in the following
paragraphs.
In FY 2022, the budget resources increased primarily due to the
following: (1) To support the staff's review of transportation package
applications (including the reviews of accident tolerant fuels (ATF));
(2) to support research activities along with the development of
technical bases for the review of transportation packages loaded with
batch quantities of fresh ATF; and (3) an increase in certain contract
costs due to the absence of prior year unobligated carryover funding
compared to FY 2021.
The increase in the proposed annual fee is offset by an increase in
10 CFR part 170 estimated billings related to the review of new
amendment packages and generic transportation resources allocated to
respective fee classes due to an increase in the number of CoCs.
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 by including those costs in the
annual fees for licensee fee classes. The NRC continues to assess a
separate annual fee under Sec. 171.16, fee category 18.A., for DOE
transportation activities. The amount of the allocated generic
resources is calculated by multiplying the percentage of total CoCs
used by each fee class (and DOE) by the total generic transportation
resources to be recovered.
This resource distribution to the licensee fee classes and DOE is
shown in Table XVIII. Note that for the non-power production or
utilization facilities fee class, the NRC allocates the distribution to
only those licensees that are subject to annual fees. Although five
CoCs benefit the entire non-power production or utilization facilities
fee class, only three out of 31 non-power production or utilization
facilities licensees are subject to annual fees. Consequently, the
number of CoCs used to determine the proportion of generic
transportation resources allocated to annual fees for the non-power
production or utilization facilities fee class has been adjusted to 0.5
so these licensees are charged a fair and equitable portion of the
total fees (see the work papers).
Table XVIII--Distribution of Transportation Resources, FY 2022
[Dollars in millions]
----------------------------------------------------------------------------------------------------------------
Allocated
Number of CoCs Percentage of generic
Licensee fee class/DOE benefiting fee total CoCs transportation
class or DOE resources
----------------------------------------------------------------------------------------------------------------
Materials Users................................................. 23.0 25.1 $1.8
Operating Power Reactors........................................ 6.0 6.6 0.5
Spent Fuel Storage/Reactor Decommissioning...................... 17.0 18.6 1.4
Non-Power Production or Utilization Facilities.................. 0.5 0.5 0.0
Fuel Facilities................................................. 24.0 26.2 1.9
-----------------------------------------------
Sub-Total of Generic Transportation Resources............... 70.5 77.0 5.6
DOE............................................................. 21.0 23.0 1.7
-----------------------------------------------
Total....................................................... 91.5 100.0 7.3
----------------------------------------------------------------------------------------------------------------
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 2022--Policy Changes
The NRC is not proposing any policy changes for FY 2022.
FY 2022--Administrative Changes
The NRC is proposing five administrative changes in FY 2022:
1. Amend Sec. 170.3, ``Definitions,'' by deleting the definition
for the phrase review is completed and incorporating language from the
definition into Sec. 170.12(b)(3).
The NRC proposes to amend Sec. 170.3 by eliminating the definition
for the phrase review is completed and incorporating language from the
definition into Sec. 170.12(b)(3). The definition is unnecessary in 10
CFR part 170 because this phrase is only referenced one time. This
proposed
[[Page 10093]]
amendment would not impact the NRC's assessment of 10 CFR part 170
service fees.
2. Amend Sec. 170.11, ``Exemptions,'' by clarifying exemption
requirements.
The NRC proposes to amend paragraph (a)(1)(i) by replacing the word
``that'' with ``where the request/report,'' for consistency with the
use of the latter phrase in the introductory text of paragraph (a)(1).
In addition, the NRC proposes to amend paragraph (c) by replacing the
word ``work'' with ``request/report'' for consistency with paragraph
(a)(1) and to avoid any potential ambiguity about what is considered
the ``work'' for purposes of the 90-day period in which the fee
exemption must be submitted to the NRC's Chief Financial Officer.
The NRC also proposes to amend Sec. 170.11(a)(1)(ii) by retaining
the ``generic regulatory improvements'' clause in paragraph (a)(1)(ii)
and moving ``Office Director level or above,'' to a new paragraph
(a)(1)(iii). These changes would clarify that the Chief Financial
Officer may grant an exemption when the review of a request/report, at
the time it is submitted, would ``assist the NRC in generic regulatory
improvements or efforts,'' even if there is no ``request from the
Office Director level or above'' to resolve ``an identified safety,
safeguards, or environmental issue.''
Finally, the NRC proposes to move paragraph (a)(13) on CFO
communications to a new paragraph (d) because this is not an exemption
category but rather a separate requirement applicable to all fee
exemption requests under 10 CFR part 170.
These proposed amendments to Sec. 170.11 would not change the
NRC's fee exemption policy.
3. Amend Sec. 170.12(f), ``Method of payment,'' by clarifying the
types of payments, updating the contact information for payments, and
clarifying the payment method.
The NRC proposes to amend paragraph (f) by replacing ``all license
fees'' with ``all fee payments under 10 CFR part 170,'' for additional
clarity. Currently, paragraph (f) states, in part, that all license fee
payments are to be payable to the U.S. Nuclear Regulatory Commission.
Since paragraph (f) applies to all fees and not only licensing fees,
this proposed amendment would provide additional clarity for fee
payments under 10 CFR part 170. In addition, the NRC proposes to
further amend paragraph (f) by replacing ``License Fee and Accounts
Receivable Branch'' with the ``Office of the Chief Financial Officer''
to remove reference to a specific branch because the Office of the
Chief Financial Officer collects fees for the NRC. This proposed
amendment would eliminate the need to revise the branch information
after reorganizations or branch name changes. Finally, the NRC is
proposing to revise paragraph (f) to clarify that fee payments can be
made electronically using www.Pay.gov or manually using NRC Form 629,
``Authorization for Payment by Credit Card,'' which will align with the
terms and conditions that are currently being updated to clarify the
methods of payment.
4. Add footnote 6 to the table in Sec. 170.21, ``Schedule of fees
for production and utilization facilities, review of standard
referenced design approvals, special projects, inspections, and import
and export licenses,'' and footnote 12 to the table in Sec. 170.31,
``Schedule of fees for materials licenses and other regulatory
services, including inspections, and import and export licenses.''
The NRC proposes to add footnote 6 to the table in Sec. 170.21 and
footnote 12 to the table in Sec. 170.31. In accordance with NEIMA, in
FY 2022, the NRC identified international activities, including the
resources for import and export licensing activities, as a fee-relief
activity to be excluded from the fee-recoverable budget. Therefore, the
NRC is not proposing to charge fees for import and export licensing
actions.
5. Add footnote 13 to the table in Sec. 170.31 for clarity.
The NRC proposes to add footnote 13 to the table in Sec. 170.31 to
clarify, with respect to 10 CFR part 170 fees, that licensees paying
fees under 4.A., 4.B. or 4.C. in the table are not subject to paying
fees under 3.N. The proposed footnote would be identical to footnote 21
to the table in Sec. 171.16(d).
Update on the Fees Transformation Initiative
In the staff requirements memorandum, dated October 19, 2016, for
SECY-16-0097, ``Fee Setting Improvements and Fiscal Year 2017 Proposed
Fee Rule,'' the Commission directed the staff to accelerate its process
improvements for setting fees. In addition, the Commission directed the
staff to begin the fees transformation activities listed in SECY-16-
0097 as ``Process Changes Recommended for Future Consideration--FY 2018
and Beyond.'' The NRC has completed 39 of the 40 fees transformation
activities.
The one fees transformation activity yet to be completed is the
rulemaking to update the NRC's small business size standards in Sec.
2.810, ``NRC size standards.'' The NRC published a proposed rule on
July 26, 2021 (86 FR 39980) and provided a 30-day comment period, which
closed August 25, 2021. The NRC proposed to increase the upper and
lower tiers for its receipts-based small entity size standards for
small businesses and small not-for-profit organizations. This change
would allow the NRC's standards to remain consistent with the inflation
adjustments made by the Small Business Administration size standard for
nonmanufacturing concerns. In addition, in accordance with the Small
Business Runway Extension Act of 2018, the NRC proposed changing the
calculation of annual average receipts for the receipts-based NRC size
standard for small businesses that provide a service or for small
businesses not engaged in manufacturing from a 3-year averaging period
to a 5-year averaging period. The NRC did not receive public comments
on the proposed rule and is in the process of publishing the final
rule. The NRC will include updates on this rulemaking activity in the
FY 2022 final fee rule to ensure that affected licensees are adequately
informed. The public can track all NRC rulemaking activities, including
the rulemaking on the NRC's size standards, on the NRC's Rulemaking
Tracking and Reporting system at https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/RuleIndex.html, or by Docket ID
NRC-2014-0264 at http://www.regulations.gov.
For more information, see the fees transformation accomplishments
schedule, located on the NRC's license fees website: https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
IV. Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\4\ the NRC has prepared a regulatory flexibility analysis
related to this proposed rule. The regulatory flexibility analysis is
available as indicated in the ``Availability of Documents'' section of
this document.
---------------------------------------------------------------------------
\4\ 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,
Pulic Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------
V. Regulatory Analysis
Under NEIMA, the NRC is required to recover, to the maximum extent
practicable, approximately 100 percent of its annual budget for FY 2022
less the budget authority for excluded activities. The NRC established
fee methodology guidelines for 10 CFR part 170 in 1978 and established
additional fee methodology guidelines for 10 CFR part
[[Page 10094]]
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 this proposed rule, the NRC continues this longstanding
approach. Therefore, the NRC did not identify any alternatives to the
current fee structure guidelines and did not prepare a regulatory
analysis for this proposed rule.
VI. Backfitting and Issue Finality
The NRC has determined that the backfit rule, Sec. 50.109, does
not apply to this proposed rule and that a backfit analysis is not
required because these amendments do not require the modification of,
or addition to, (1) systems, structures, components, or the design of a
facility; (2) the design approval or manufacturing license for a
facility; or (3) the procedures or organization required to design,
construct, or operate a facility.
VII. Plain Writing
The Plain Writing Act of 2010 (Public Law 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC wrote 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 31885). The NRC
requests comment on the clarity and effectiveness of the language used
in this proposed rule.
VIII. National Environmental Policy Act
The NRC has determined that this proposed rule is the type of
action described in Sec. 51.22(c)(1). Therefore, neither an
environmental impact statement nor environmental assessment has been
prepared for this proposed rule.
IX. Paperwork Reduction Act
This proposed rule does not contain a collection of information as
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
and, therefore, is not subject to the requirements of the Act.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection 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, to the maximum
extent practicable, approximately 100 percent of its annual budget for
FY 2022 less the budget authority for excluded activities, as required
by NEIMA. 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 2021 fee
rule. The compliance guide was developed when the NRC completed the
small entity biennial review for FY 2021. The NRC plans to continue to
use this compliance guide for FY 2022 and has relabeled the compliance
guide to reflect the current fiscal year. This compliance guide is
available as indicated in the ``Availability of Documents'' section of
this document.
XII. Public Meeting
The NRC will conduct a public meeting to describe the FY 2022
proposed rule and answer 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 website within 10 calendar
days of the meeting. Stakeholders should monitor the NRC's public
meeting website 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.
----------------------------------------------------------------------------------------------------------------
Documents ADAMS accession No./FR citation/web link
----------------------------------------------------------------------------------------------------------------
NUREG-1100, Volume 37, ``Congressional Budget ML21181A336.
Justification: Fiscal Year 2022'' (June 2021).
FY 2022 Proposed Rule Work Papers................ ML22032A035.
OMB Circular A-25, ``User Charges''.............. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/a025/a025.html.
``Revision of Fee Schedules; Fee Recovery for 86 FR 32146.
Fiscal Year 2021,'' dated June 16, 2021.
``Public Interest Exemption from Provisions in ML21209A553.
the Fiscal Year 2021 Fee Rule that Require Fees
for Import/Export Licensing Actions,'' dated
August 20, 2021.
SECY-05-0164, ``Annual Fee Calculation Method,'' ML052580332.
dated September 15, 2005.
``Revision of Fee Schedules; Fee Recovery for 80 FR 37432.
Fiscal Year 2015,'' dated June 30, 2015.
``Variable Annual Fee Structure for Small Modular 81 FR 32617.
Reactors,'' dated May 24, 2016.
``Revision of Fee Schedules; 100% Fee Recovery, 64 FR 31447.
FY 1999,'' dated June 10, 1999.
``Revision of Fee Schedules; Fee Recovery for FY 67 FR 42625.
2002,'' dated June 24, 2002.
``Revision of Fee Schedules; Fee Recovery for FY 71 FR 30721.
2006,'' dated May 30, 2006.
SECY-16-0097, ``Fee Setting Improvements and ML16194A365.
Fiscal Year 2017 Proposed Fee Rule,'' dated
August 15, 2016.
Staff Requirements Memorandum for SECY-16-0097, ML16293A902.
dated October 19, 2016.
``Receipts-Based NRC Size Standards,'' dated July 86 FR 39980.
26, 2021.
Fees Transformation Accomplishments.............. https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
FY 2022 Regulatory Flexibility Analysis.......... ML21363A153.
[[Page 10095]]
FY 2022 U.S. Nuclear Regulatory Commission Small ML21347A005.
Entity Compliance Guide.
----------------------------------------------------------------------------------------------------------------
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, Approvals, Byproduct material, Holders of
certificates, Intergovernmental relations, Nonpayment penalties,
Nuclear materials, Nuclear power plants and reactors, Registrations,
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 amend 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. 2215; 31 U.S.C. 901, 902, 9701; 44
U.S.C. 3504 note.
Sec. 170.3 [Amended]
0
2. In Sec. 170.3, remove the definition for ``Review is completed''.
0
3. In Sec. 170.11:
0
a. Revise paragraphs (a)(1) and (c); and
0
b. Redesignate paragraph (a)(13) as paragraph (d).
The revisions read as follows:
Sec. 170.11 Exemptions.
(a) * * *
(1) A special project that is a request/report submitted to the
NRC--
(i) In response to a generic letter or NRC bulletin, where the
request/report does not result in an amendment to the license, does not
result in the review of an alternate method or reanalysis to meet the
requirements of the generic letter, or does not involve an unreviewed
safety issue;
(ii) When the NRC, at the time the request/report is submitted,
plans to use the information to assist the NRC in generic regulatory
improvements or efforts (e.g., rules, regulatory guides, regulations,
policy statements, generic letters, or bulletins); or
(iii) When the NRC, at the time the request/report is submitted,
plans to use the information in response to an NRC request from the
Office Director level or above to resolve an identified safety,
safeguards, or environmental issue.
* * * * *
(c) For purposes of paragraph (a)(1) of this section, a request for
a fee exemption must be submitted to the Chief Financial Officer within
90 days of the date of the NRC's receipt of the request/report.
* * * * *
0
4. In Sec. 170.12, revise paragraphs (b)(3) and (f) to read as
follows.
Sec. 170.12 Payment of fees.
* * * * *
(b) * * *
(3) The NRC intends to bill each applicant or licensee at quarterly
intervals for all accumulated costs for each application the applicant
or licensee has on file for NRC review, until the review has been
brought to an end, whether by issuance of a permit, license, approval,
certificate, exemption, or other form of permission; by denial,
withdrawal, or suspension of review of the application; or by
postponement of action on the application by the applicant.
* * * * *
(f) Method of payment. All fee payments under 10 CFR part 170 are
to be made payable to the U.S. Nuclear Regulatory Commission. The
payments are to be made in U.S. funds by electronic funds transfer such
as ACH (Automated Clearing House) using E.D.I. (Electronic Data
Interchange), check, draft, money order, or credit card (submit
electronic payment at www.Pay.gov or manual payment using the NRC Form
629, ``Authorization for Payment by Credit Card''). Payment of invoices
of $5,000 or more should be paid via ACH through the NRC's Lockbox Bank
at the address indicated on the invoice. Credit card payments should be
made up to the limit established by the credit card bank at the address
indicated on the invoice. Specific written instructions for making
electronic payments and credit card payments may be obtained by
contacting the Office of the Chief Financial Officer at 301-415-7554.
In accordance with Department of the Treasury requirements, refunds
will only be made upon receipt of information on the payee's financial
institution and bank accounts.
* * * * *
Sec. 170.20 [Amended]
0
5. In Sec. 170.20, remove the dollar amount ``$288'' and add in its
place the dollar amount ``$291''.
0
6. In Sec. 170.21, in table 1, revise the table entry for ``K, Import
and export licenses'' and add footnote 6 to read as follows:
Sec. 170.21 Schedule of fees for production and utilization
facilities, review of standard referenced design approvals, special
projects, inspections and import and export licenses.
* * * * *
Table 1 to Sec. 170.21--Schedule of Facility Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Facility categories and type of fees Fees \1\ \2\
------------------------------------------------------------------------
* * * * * * *
K. Import and export licenses: \6\
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).
[[Page 10096]]
Application--new license, or amendment; or N/A
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 N/A
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 N/A
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 N/A
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.................. N/A
------------------------------------------------------------------------
\1\ Fees will be charged for approvals issued under a specific exemption
provision of the Commission's regulations under title 10 of the Code
of Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other
sections in effect now or in the future, regardless of whether the
approval is in the form of a license amendment, letter of approval,
safety evaluation report, or other form.
\2\ Full cost fees will be determined based on the professional staff
time and appropriate contractual support services expended. For
applications currently on file and for which fees are determined based
on the full cost expended for the review, the professional staff hours
expended for the review of the application up to the effective date of
the final rule will be determined at the professional rates in effect
when the service was provided.
* * * * *
\4\ Imports only of major components for end-use at NRC-licensed
reactors are authorized under NRC general import license in 10 CFR
110.27.
* * * * *
\6\ Because the resources for import and export licensing activities are
identified as a fee-relief activity to be excluded from the fee-
recoverable budget, import and export licensing actions will not incur
fees.
0
7. In Sec. 170.31, revise table 1 to read as follows:
Sec. 170.31 Schedule of fees for materials licenses and other
regulatory services, including inspections, and import and export
licenses.
* * * * *
Table 1 to Sec. 170.31--Schedule of Materials Fees
[See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type of
fees \1\ Fees \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material: \11\
A. (1) Licenses for possession and use of
U-235 or plutonium for fuel fabrication
activities.
(a) Strategic Special Nuclear Full Cost.
Material (High Enriched Uranium)
\6\ [Program Code(s): 21213].
(b) Low Enriched Uranium in Full Cost.
Dispersible Form Used for
Fabrication of Power Reactor
Fuel \6\ [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.\6\
(a) Facilities with limited Full Cost.
operations \6\ [Program Code(s):
21240, 21310, 21320].
(b) Gas centrifuge enrichment Full Cost.
demonstration facilities.\6\
[Program Code(s): 21205].
(c) Others, including hot cell Full Cost.
facilities.\6\ [Program Code(s):
21130, 21133].
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) \6\ [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
of this chapter in sealed sources
contained in devices used in industrial
measuring systems, including x-ray
fluorescence analyzers.\4\
Application [Program Code(s): 22140]. $1,300.
D. All other special nuclear material
licenses, except licenses authorizing
special nuclear material in sealed or
unsealed form in combination that would
constitute a critical mass, as defined
in Sec. 70.4 of this chapter, for
which the licensee shall pay the same
fees as those under Category 1.A.\4\
Application [Program Code(s): 22110, $2,700.
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 \6\ [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\ \6\
[Program Code(s): 22155].
2. Source material: \11\
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.\6\ [Program
Code(s): 11400].
[[Page 10097]]
(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.\6\
(a) Conventional and Heap Leach Full Cost.
facilities \6\ [Program Code(s):
11100].
(b) Basic In Situ Recovery Full Cost.
facilities \6\ [Program Code(s):
11500].
(c) Expanded In Situ Recovery Full Cost.
facilities \6\ [Program Code(s):
11510].
(d) In Situ Recovery Resin Full Cost.
facilities \6\ [Program Code(s):
11550].
(e) Resin Toll Milling facilities Full Cost.
\6\ [Program Code(s): 11555].
(f) Other facilities \6\ [Program Full Cost.
Code(s): 11700].
(3) Licenses that authorize the Full Cost.
receipt of byproduct material, as
defined in Section 11e.(2) of the
Atomic Energy Act, from other
persons for possession and disposal,
except those licenses subject to the
fees in Category 2.A.(2) or Category
2.A.(4) \6\ [Program Code(s): 11600,
12000].
(4) Licenses that authorize the Full Cost.
receipt of byproduct material, as
defined in Section 11e.(2) of the
Atomic Energy Act, from other
persons for possession and disposal
incidental to the disposal of the
uranium waste tailings generated by
the licensee's milling operations,
except those licenses subject to the
fees in Category 2.A.(2) \6\
[Program Code(s): 12010].
B. Licenses which authorize the
possession, use, and/or installation of
source material for shielding.\7\ \8\
Application [Program Code(s): 11210]. $1,300
C. Licenses to distribute items
containing source material to persons
exempt from the licensing requirements
of part 40 of this chapter.
Application [Program Code(s): 11240]. $6,200.
D. Licenses to distribute source material
to persons generally licensed under part
40 of this chapter.
Application [Program Code(s): 11230, $2,900.
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]. $2,800.
F. All other source material licenses.
Application [Program Code(s): 11200, $2,800.
11220, 11221, 11300, 11800, 11810,
11820].
3. Byproduct material: \11\
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. Number of
locations of use: 1-5.
Application [Program Code(s): 03211, $13,600.
03212, 03213].
(1). 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. Number of locations of
use: 6-20.
Application [Program Code(s): $18,100.
04010, 04012, 04014].
(2). 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. Number of locations of
use: more than 20.
Application [Program Code(s): $22,600.
04011, 04013, 04015].
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. Number of locations of
use: 1-5.
Application [Program Code(s): 03214, $3,700.
03215, 22135, 22162].
(1). 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. Number of
locations of use: 6-20.
Application [Program Code(s): $5,000.
04110, 04112, 04114, 04116].
(2). 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. Number of
locations of use: more than 20.
Application [Program Code(s): $6,200.
04111, 04113, 04115, 04117].
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). Number of
locations of use: 1-5.
Application [Program Code(s): 02500, $5,400.
02511, 02513].
(1). 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).
Number of locations of use: 6-20.
Application [Program Code(s): $7,200.
04210, 04212, 04214].
(2). 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).
Number of locations of use: more
than 20.
Application [Program Code(s): $9,000.
04211, 04213, 04215].
D. [Reserved]............................ N/A.
[[Page 10098]]
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, $3,300.
03520].
F. Licenses for possession and use of
less than or equal to 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]. $6,800.
G. Licenses for possession and use of
greater 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): 03521]. $64,900.
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, $6,900.
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, $15,500.
03251, 03253, 03256].
J. Licenses issued under subpart B of
part 32 of this chapter to distribute
items containing byproduct material that
require sealed source and/or device
review to persons generally licensed
under part 31 of this chapter. This
category does not include specific
licenses authorizing redistribution of
items that have been authorized for
distribution to persons generally
licensed under part 31 of this chapter.
Application [Program Code(s): 03240, $2,100.
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, $1,200.
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.
Application [Program Code(s): 01100, $5,700.
01110, 01120, 03610, 03611, 03612,
03613].
(1) Licenses of broad scope for
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: 6-20.
Application [Program Code(s): $7,600.
04610, 04612, 04614, 04616,
04618, 04620, 04622].
(2) Licenses of broad scope for
possession and use of byproduct
material issued under parts 30 and
33 of this chapter for research and
development that do not authorize
commercial distribution. Number of
locations of use: More than 20.
Application [Program Code(s): $9,500.
04611, 04613, 04615, 04617,
04619, 04621, 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]. $8,700.
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.\13\
Application [Program Code(s): $9,300.
03219, 03225, 03226].
O. Licenses for possession and use of
byproduct material issued under part 34
of this chapter for industrial
radiography operations. Number of
locations of use: 1-5.
Application [Program Code(s): 03310, $9,200.
03320].
(1). Licenses for possession and use
of byproduct material issued under
part 34 of this chapter for
industrial radiography operations.
Number of locations of use: 6-20.
Application [Program Code(s): $12,300.
04310, 04312].
(2). Licenses for possession and use
of byproduct material issued under
part 34 of this chapter for
industrial radiography operations.
Number of locations of use: more
than 20.
Application [Program Code(s): $15,400.
04311, 04313].
P. All other specific byproduct material
licenses, except those in Categories
4.A. through 9.D.\9\ Number of locations
of use: 1-5.
Application [Program Code(s): 02400, $6,600.
02410, 03120, 03121, 03122, 03123,
03124, 03130, 03140, 03220, 03221,
03222, 03800, 03810, 22130].
(1). All other specific byproduct
material licenses, except those in
Categories 4.A. through 9.D.\9\
Number of locations of use: 6-20.
Application [Program Code(s): $8,800.
04410, 04412, 04414, 04416,
04418, 04420, 04422, 04424,
04426, 04428, 04430, 04432,
04434, 04436, 04438].
(2). All other specific byproduct
material licenses, except those in
Categories 4.A. through 9.D.\9\
Number of locations of use: More
than 20.
Application [Program Code(s): $11,000.
04411, 04413, 04415, 04417,
04419, 04421, 04423, 04425,
04427, 04429, 04431, 04433,
04435, 04437, 04439].
[[Page 10099]]
Q. Registration of a device(s) generally
licensed under part 31 of this chapter.
Registration............................. $400.
R. Possession of items or products
containing radium-226 identified in Sec.
31.12 of this chapter 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
Sec. 31.12(a)(4) or (5) of this
chapter but less than or equal to 10
times the number of items or limits
specified.
Application [Program Code(s): $2,700.
02700].
2. Possession of quantities exceeding
10 times the number of items or
limits specified in Sec.
31.12(a)(4) or (5) of this chapter.
Application [Program Code(s): $2,600.
02710].
S. Licenses for production of accelerator-
produced radionuclides.
Application [Program Code(s): 03210]. $14,900.
4. Waste disposal and processing: \11\
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, 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]. $7,200.
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]. $5,200.
5. Well logging: \11\........................ $4,800.
A. Licenses for possession and use of
byproduct material, source material, and/
or special nuclear material for well
logging, well surveys, and tracer
studies other than field flooding tracer
studies.
Application [Program Code(s): 03110,
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: \11\
A. Licenses for commercial collection and
laundry of items contaminated with
byproduct material, source material, or
special nuclear material.
Application [Program Code(s): 03218]. $23,200.
7. Medical licenses: \11\
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. Number
of locations of use: 1-5.
Application [Program Code(s): 02300, $11,600.
02310].
(1). 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. Number
of locations of use: 6-20.
Application [Program Code(s): $15,500.
04510, 04512].
(2). 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. Number
of locations of use: More than 20.
Application [Program Code(s): $19,300.
04511, 04513].
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. Number of locations of
use: 1-5.
Application [Program Code(s): 02110]. $9,100.
(1). 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.
Number of locations of use: 6-20.
Application [Program Code(s): $12,100.
04710].
(2). 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.
Number of locations of use: more
than 20.
Application [Program Code(s): $15,100.
04711].
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.\10\
Number of locations of use: 1-5.
[[Page 10100]]
Application [Program Code(s): 02120, $11,000.
02121, 02200, 02201, 02210, 02220,
02230, 02231, 02240, 22160].
(1). 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.\10\ Number
of locations of use: 6-20.
Application [Program Code(s): $9,100.
04810, 04812, 04814, 04816,
04818, 04820, 04822, 04824,
04826, 04828].
(2). 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.\10\ Number
of locations of use: More than 20.
Application [Program Code(s): $11,400.
04811, 04813, 04815, 04817,
04819, 04821, 04823, 04825,
04827, 04829].
8. Civil defense: \11\
A. Licenses for possession and use of
byproduct material, source material, or
special nuclear material for civil
defense activities.
Application [Program Code(s): 03710]. $2,700.
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............. $18,100.
B. Safety evaluation of devices or
products containing byproduct material,
source material, or special nuclear
material manufactured in accordance with
the unique specifications of, and for
use by, a single applicant, except
reactor fuel devices.
Application--each device............. $9,400.
C. Safety evaluation of sealed sources
containing byproduct material, source
material, or special nuclear material,
except reactor fuel, for commercial
distribution.
Application--each source............. $5,500.
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............. $1,100
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...................... $4,400.
Inspections...................... Full Cost.
2. Users.
Application...................... $4,400.
Inspections...................... Full Cost.
C. Evaluation of security plans, route Full Cost.
approvals, route surveys, and
transportation security devices
(including immobilization devices).
11. Review of standardized spent fuel Full Cost.
facilities.
12. Special projects:
Including approvals, pre-application/
licensing activities, and inspections.
Application [Program Code: 25110].... Full Cost.
13. A. Spent fuel storage cask Certificate of Full Cost.
Compliance.
B. Inspections related to storage of Full Cost.
spent fuel under Sec. 72.210 of this
chapter.
14. Decommissioning/Reclamation: \11\
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 master materials licenses
(MMLs). The transition to this fee
category occurs when a licensee has
permanently ceased principal activities.
[Program Code(s): 03900, 11900, 21135,
21215, 21325, 22200]
B. Site-specific decommissioning Full Cost.
activities associated with unlicensed
sites, including MMLs, regardless of
whether or not the sites have been
previously licensed.
15. Import and Export licenses: \12\
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 Sec. 110.40(b) of this
chapter.
Application--new license, or N/A.
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 the NRC to consult with
domestic host state authorities
(i.e., Low-Level Radioactive Waste
Compact Commission, the U.S.
Environmental Protection Agency,
etc.).
Application--new license, or N/A.
amendment; or license exemption
request.
C. Application for export of nuclear
material, for example, routine
reloads of low enriched uranium
reactor fuel and/or natural uranium
source material requiring the
assistance of the Executive Branch
to obtain foreign government
assurances.
Application--new license, or N/A.
amendment; or license exemption
request.
D. Application for export or import
of nuclear material not requiring
Commission or Executive Branch
review, or obtaining foreign
government assurances.
[[Page 10101]]
Application--new license, or N/A.
amendment; or license exemption
request.
E. Minor amendment of any active
export or import license, for
example, to extend the expiration
date, change domestic information,
or make other revisions which do not
involve any substantive changes to
license terms and conditions or to
the type/quantity/chemical
composition of the material
authorized for export and,
therefore, do not require in-depth
analysis, review, or consultations
with other Executive Branch, U.S.
host state, or foreign government
authorities.
Minor amendment.................. N/A.
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 Sec.
110.42(e)(4) of this chapter) and to
obtain one government-to-government
consent for this process. For additional
consent see fee category 15.I.
Application--new license, or N/A.
amendment; or license exemption
request.
G. Application for export of appendix P
Category 1 materials requiring Executive
Branch review and to obtain one
government-to-government consent for
this process. For additional consents
see fee category 15.I.
Application--new license, or N/A.
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 fee category 15.I.
Application--new license, or N/A.
amendment; or license exemption
request.
I. Requests for each additional
government-to-government consent in
support of an export license application
or active export license.
Application--new license, or N/A.
amendment; or license exemption
request.
Category 2 (Appendix P, 10 CFR Part 110)
Exports:
J. Application for export of appendix P
Category 2 materials requiring
Commission review (e.g., exceptional
circumstance review under Sec.
110.42(e)(4) of this chapter).
Application--new license, or N/A.
amendment; or license exemption
request.
K. Applications for export of appendix P
Category 2 materials requiring Executive
Branch review.
Application--new license, or N/A.
amendment; or license exemption
request.
L. Application for the export of Category
2 materials.
Application--new license, or N/A.
amendment; or license exemption
request.
M. [Reserved]............................ N/A.
N. [Reserved]............................ N/A.
O. [Reserved]............................ N/A.
P. [Reserved]............................ N/A.
Q. [Reserved]............................ N/A.
Minor Amendments (Category 1 and 2, Appendix
P, 10 CFR Part 110, Export):
R. Minor amendment of any active export
license, for example, to extend the
expiration date, change domestic
information, or make other revisions
which do not involve any substantive
changes to license terms and conditions
or to the type/quantity/chemical
composition of the material authorized
for export and, therefore, do not
require in-depth analysis, review, or
consultations with other Executive
Branch, U.S. host state, or foreign
authorities.
Minor amendment...................... N/A.
16. Reciprocity:
Agreement State licensees who conduct
activities under the reciprocity
provisions of Sec. 150.20 of this
chapter.
Application.......................... $2,700.
17. Master materials licenses of broad scope
issued to Government agencies.
Application [Program Code(s): 03614]..... Full Cost.
18. Department of Energy.
A. Certificates of Compliance. 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 Full Cost.
Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
assessed for pre-application consultations and reviews; applications
for new licenses, approvals, or license terminations; possession-only
licenses; issuances of new licenses and approvals; certain amendments
and renewals to existing licenses and approvals; safety evaluations of
sealed sources and devices; generally licensed device registrations;
and certain inspections. The following guidelines apply to these
charges:
(1) 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.
(i) 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.
(ii) 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.
(2) 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).
(3) 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.
(4) Inspection fees. Inspections resulting from investigations conducted
by the Office of Investigations and nonroutine inspections that result
from third-party allegations are not subject to fees. Inspection fees
are due upon notification by the Commission in accordance with Sec.
170.12(c).
[[Page 10102]]
(5) Generally licensed device registrations under 10 CFR 31.5.
Submittals of registration information must be accompanied by the
prescribed fee.
\2\ 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., 3.C.1, or 3.C.2 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., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\10\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope 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.
\11\ A materials license (or part of a materials license) that
transitions to fee category 14.A is assessed full-cost fees under 10
CFR part 170, but is not assessed an annual fee under 10 CFR part 171.
If only part of a materials license is transitioned to fee category
14.A, the licensee may be charged annual fees (and any applicable 10
CFR part 170 fees) for other activities authorized under the license
that are not in decommissioning status.
\12\ Because the resources for import and export licensing activities
are identified as a fee-relief activity to be excluded from the fee-
recoverable budget, import and export licensing actions will not incur
fees.
\13\ Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to
paying fees under 3.N. licenses that authorize services for other
licensees 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
8. 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. 2215; 44 U.S.C. 3504
note.
0
9. In Sec. 171.15, revise paragraphs (b)(1), (b)(2) introductory text,
(c)(1), (c)(2) introductory text, and (e) to read as follows:
Sec. 171.15 Annual fees: Non-power production or utilization
licenses, reactor licenses, and independent spent fuel storage
licenses.
* * * * *
(b)(1) The FY 2022 annual fee for each operating power reactor that
must be collected by September 30, 2022, is $5,165,000.
(2) The FY 2022 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. The
activities comprising the spent fuel storage/reactor decommissioning
base annual fee are shown in paragraphs (c)(2)(i) and (ii) of this
section. The activities comprising the FY 2022 base annual fee for
operating power reactors are as follows:
* * * * *
(c)(1) The FY 2022 annual fee for each power reactor holding a 10
CFR part 50 license or combined license issued under 10 CFR part 52
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 or a 10 CFR part 52
combined license, is $254,000.
(2) The FY 2022 annual fee is comprised of a base spent fuel
storage/reactor decommissioning annual fee (which is also included in
the operating power reactor annual fee shown in paragraph (b) of this
section). The activities comprising the FY 2022 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
(e) The FY 2022 annual fee for licensees authorized to operate one
or more non-power production or utilization facilities under a single
10 CFR part 50 license, unless the reactor is exempted from fees under
Sec. 171.11(b), is $93,000.
0
10. In Sec. 171.16, revise paragraphs (b) introductory text and (d) 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.
* * * * *
(b) The FY 2022 annual fee is comprised of a base annual fee and
associated additional charges. The base FY 2022 annual fee is the sum
of budgeted costs for the following activities:
* * * * *
(d) The FY 2022 annual fees for materials licensees and holders of
certificates, registrations, or approvals subject to fees under this
section are shown in table 2 to this paragraph (d):
Table 2 to Paragraph (d)--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:
A.(1) Licenses for possession and use of U-235 or
plutonium for fuel fabrication activities..........
[[Page 10103]]
(a) Strategic Special Nuclear Material (High $4,441,000
Enriched Uranium) \15\ [Program Code(s): 21213]
(b) Low Enriched Uranium in Dispersible Form $1,505,000
Used for Fabrication of Power Reactor Fuel \15\
[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 \15\ $992,000
[Program Code(s): 21310, 21320]................
(b) Gas centrifuge enrichment demonstration N/A
facility \15\ [Program Code(s): 21205].........
(c) Others, including hot cell facility \15\ N/A
[Program Code(s): 21130, 21133]................
B. Licenses for receipt and storage of spent fuel N/A
and reactor-related Greater than Class C (GTCC)
waste at an independent spent fuel storage
installation (ISFSI) \11\ \15\ [Program Code(s):
23200].............................................
C. Licenses for possession and use of special $2,400
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. [Program Code(s): 22140]................
D. All other special nuclear material licenses, $5,900
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. [Program Code(s): 22110, 22111,
22120, 22131, 22136, 22150, 22151, 22161, 22170,
23100, 23300, 23310]...............................
E. Licenses or certificates for the operation of a $1,935,000
uranium enrichment facility \15\ [Program Code(s):
21200].............................................
F. Licenses for possession and use of special $4,400
nuclear materials 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:
22155].............................................
2. Source material:
A.(1) Licenses for possession and use of source $447,000
material for refining uranium mill concentrates to
uranium hexafluoride or for deconverting uranium
hexafluoride in the production of uranium oxides
for disposal.\15\ [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 N/A
facilities.\15\ [Program Code(s): 11100]...
(b) Basic In Situ Recovery facilities.\15\ $47,000
[Program Code(s): 11500]...................
(c) Expanded In Situ Recovery facilities N/A
\15\ [Program Code(s): 11510]..............
(d) In Situ Recovery Resin facilities.\15\ \5\ N/A
[Program Code(s): 11550]...................
(e) Resin Toll Milling facilities.\15\ \5\ N/A
[Program Code(s): 11555]...................
(f) Other facilities \6\ [Program Code(s): \5\ N/A
11700].....................................
(3) Licenses that authorize the receipt of \5\ N/A
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) \15\ [Program
Code(s): 11600, 12000].........................
(4) Licenses that authorize the receipt of N/A
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) \15\ [Program Code(s): 12010].
B. Licenses which authorize the possession, use, and/ $2,700
or installation of source material for
shielding.\16\ \17\ Application [Program Code(s):
11210].............................................
C. Licenses to distribute items containing source $9,000
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 $5,100
generally licensed under part 40 of this chapter.
[Program Code(s): 11230 and 11231].................
E. Licenses for possession and use of source $6,500
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 $8,800
Code(s): 11200, 11220, 11221, 11300, 11800, 11810,
11820].............................................
3. Byproduct material:
A. Licenses of broad scope for possession and use of $28,000
byproduct material issued under parts 30 and 33 of
this chapter for processing or manufacturing of
items containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03211, 03212, 03213].............
(1). Licenses of broad scope for the possession $37,100
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. Number of
locations of use: 6-20. [Program Code(s):
04010, 04012, 04014]...........................
(2). Licenses of broad scope for the possession $46,300
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. Number of
locations of use: More than 20. [Program
Code(s): 04011, 04013, 04015]..................
B. Other licenses for possession and use of $9,800
byproduct material issued under part 30 of this
chapter for processing or manufacturing of items
containing byproduct material for commercial
distribution. Number of locations of use: 1-5.
[Program Code(s): 03214, 03215, 22135, 22162]......
(1). Other licenses for possession and use of $13,000
byproduct material issued under part 30 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of locations of
use: 6-20. [Program Code(s): 04110, 04112,
04114, 04116]..................................
(2). Other licenses for possession and use of $16,100
byproduct material issued under part 30 of this
chapter for processing or manufacturing of
items containing byproduct material for
commercial distribution. Number of locations of
use: More than 20. [Program Code(s): 04111,
04113, 04115, 04117]...........................
[[Page 10104]]
C. Licenses issued under Sec. Sec. 32.72 and/or $9,200
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) of this chapter. Number of locations
of use: 1-5. [Program Code(s): 02500, 02511, 02513]
(1). Licenses issued under Sec. Sec. 32.72 $12,100
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). Number of locations of
use: 6-20. [Program Code(s): 04210, 04212,
04214].........................................
(2). Licenses issued under Sec. Sec. 32.72 $16,600
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). Number of locations of
use: More than 20. [Program Code(s): 04211,
04213, 04215]..................................
D. [Reserved]....................................... \5\ N/A
E. Licenses for possession and use of byproduct $10,100
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 or $9,100
equal to 10,000 curies of byproduct material in
sealed sources for irradiation of materials in
which the source is exposed for irradiation
purposes. This category also includes underwater
irradiators for irradiation of materials in which
the source is not exposed for irradiation purposes.
[Program Code(s): 03511]...........................
G. Licenses for possession and use of greater than $73,000
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):
03521].............................................
H. Licenses issued under subpart A of part 32 of $8,700
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, 03257]....
I. Licenses issued under subpart A of part 32 of $17,700
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,
03253, 03256]......................................
J. Licenses issued under subpart B of part 32 of $3,600
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 $2,700
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 $12,800
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 $17,000
use of product material issued under parts 30
and 33 of this chapter for research and
development that do not authorize commercial
distribution. Number of locations of use: 6-20.
[Program Code(s): 04610, 04612, 04614, 04616,
04618, 04620, 04622]...........................
(2) Licenses of broad scope for possession and $21,100
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: More
than 20. [Program Code(s): 04611, 04613, 04615,
04617, 04619, 04621, 04623]....................
M. Other licenses for possession and use of $13,600
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 $15,500
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.\21\ [Program
Code(s): 03219, 03225, 03226]......................
O. Licenses for possession and use of byproduct $29,700
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
Number of locations of use: 1-5. [Program Code(s):
03310, 03320]......................................
(1). Licenses for possession and use of $39,500
byproduct material issued under part 34 of this
chapter for industrial radiography operations.
This category also includes the possession and
use of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: 6-20. [Program Code(s): 04310, 04312].....
(2). Licenses for possession and use of $49,500
byproduct material issued under part 34 of this
chapter for industrial radiography operations.
This category also includes the possession and
use of source material for shielding authorized
under part 40 of this chapter when authorized
on the same license. Number of locations of
use: More than 20. [Program Code(s): 04311,
04313].........................................
[[Page 10105]]
P. All other specific byproduct material licenses, $9,900
except those in Categories 4.A. through 9.D.\18\
Number of locations of use: 1-5. [Program Code(s):
02400, 02410, 03120, 03121, 03122, 03123, 03124,
03140, 03130, 03220, 03221, 03222, 03800, 03810,
22130].............................................
(1). All other specific byproduct material $13,300
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use: 6-
20. [Program Code(s): 04410, 04412, 04414,
04416, 04418, 04420, 04422, 04424, 04426,
04428, 04430, 04432, 04434, 04436, 04438]......
(2). All other specific byproduct material $16,600
licenses, except those in Categories 4.A.
through 9.D.\18\ Number of locations of use:
More than 20. [Program Code(s): 04411, 04413,
04415, 04417, 04419, 04421, 04423, 04425,
04427, 04429, 04431, 04433, 04435, 04437,
04439].........................................
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 Sec. 31.12 of this chapter
which exceed the number of items or limits
specified in that section: \14\
(1). Possession of quantities exceeding the $6,200
number of items or limits in Sec.
31.12(a)(4), or (5) of this chapter 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 $6,500
the number of items or limits specified in Sec.
31.12(a)(4) or (5) of this chapter [Program
Code(s): 02710]................................
S. Licenses for production of accelerator-produced $24,300
radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
A. Licenses specifically authorizing the receipt of $23,100
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, 03236, 06100, 06101]........................
B. Licenses specifically authorizing the receipt of $16,000
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 $8,900
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 $12,700
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 $28,700
items contaminated with byproduct material, source
material, or special nuclear material. [Program
Code(s): 03218]....................................
7. Medical licenses:
A. Licenses issued under parts 30, 35, 40, and 70 of $27,700
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.\9\
Number of locations of use: 1-5. [Program Code(s):
02300, 02310]......................................
(1). Licenses issued under parts 30, 35, 40, and $36,900
70 of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: 6-20. [Program Code(s):
04510, 04512]..................................
(2). Licenses issued under parts 30, 35, 40, and $46,100
70 of this chapter for human use of byproduct
material, source material, or special nuclear
material in sealed sources contained in gamma
stereotactic radiosurgery units, teletherapy
devices, or similar beam therapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: More than 20. [Program
Code(s): 04511, 04513].........................
B. Licenses of broad scope issued to medical $37,900
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\ Number of
locations of use: 1-5. [Program Code(s): 02110]....
(1). Licenses of broad scope issued to medical $50,400
institutions or two or more physicians under
parts 30, 33, 35, 40, and 70 of this chapter
authorizing research and development, including
human use of byproduct material, except
licenses for byproduct material, source
material, or special nuclear material in sealed
sources contained in teletherapy devices. This
category also includes the possession and use
of source material for shielding when
authorized on the same license.\9\ Number of
locations of use: 6-20. [Program Code(s):
04710].........................................
(2). Licenses of broad scope issued to medical $63,000
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\ Number of
locations of use: More than 20. [Program
Code(s): 04711]................................
[[Page 10106]]
C. Other licenses issued under parts 30, 35, 40, and $17,000
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\ \19\ Number of locations of
use: 1-5. [Program Code(s): 02120, 02121, 02200,
02201, 02210, 02220, 02230, 02231, 02240, 22160]...
(1). Other licenses issued under parts 30, 35, $17,200
40, and 70 of this chapter for human use of
byproduct material, source material, and/or
special nuclear material, except licenses for
byproduct material, source material, or special
nuclear material in sealed sources contained in
teletherapy devices. This category also
includes the possession and use of source
material for shielding when authorized on the
same license.\9\ \19\ Number of locations of
use: 6-20. [Program Code(s): 04810, 04812,
04814, 04816, 04818, 04820, 04822, 04824,
04826, 04828]..................................
(2). Other licenses issued under parts 30, 35, $21,400
40, and 70 of this chapter for human use of
byproduct material, source material, and/or
special nuclear material, except licenses for
byproduct material, source material, or special
nuclear material in sealed sources contained in
teletherapy devices. This category also
includes the possession and use of source
material for shielding when authorized on the
same license.\9\ \19\ Number of locations of
use: More than 20. [Program Code(s): 04811,
04813, 04815, 04817, 04819, 04821, 04823,
04825, 04827, 04829]...........................
8. Civil defense:
A. Licenses for possession and use of byproduct $6,200
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 $18,200
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 $9,400
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 $5,500
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 $1,100
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
Sec. 72.210 of this chapter......................
14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear material \7\ \20\ 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). The transition to this
fee category occurs when a licensee has permanently
ceased principal activities. [Program Code(s):
03900, 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 $346,000
Government agencies.\15\ [Program Code(s): 03614]......
18. Department of Energy:
A. Certificates of Compliance....................... \10\
$1,659,000
B. Uranium Mill Tailings Radiation Control Act $176,000
(UMTRCA) activities [Program Code(s): 03237, 03238]
------------------------------------------------------------------------
\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 of the current FY, 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 part 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.
[[Page 10107]]
\5\ There are no existing NRC licenses in these fee categories. If NRC
issues a license for these categories, the Commission will consider
establishing an annual fee for this type of license.
\6\ Standardized spent fuel facilities, 10 CFR parts 71 and 72
Certificates of Compliance and related Quality Assurance program
approvals, and special reviews, such as topical reports, are not
assessed an annual fee because the generic costs of regulating these
activities are primarily attributable to users of the designs,
certificates, and topical reports.
\7\ Licensees in this category are not assessed an annual fee because
they are charged an annual fee in other categories while they are
licensed to operate.
\8\ No annual fee is charged because it is not practical to administer
due to the relatively short life or temporary nature of the license.
\9\ Separate annual fees will not be assessed for pacemaker licenses
issued to medical institutions that also hold nuclear medicine
licenses under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2,
7.C, 7.C.1, or 7.C.2.
\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 subject to fees under categories 1.A., 1.B., 1.E., 2.A.,
and licensees paying fees under fee category 17 must pay the largest
applicable fee and are not subject to additional fees listed in this
table.
\16\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\17\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.
\18\ Licensees paying fees under 3.N. are not subject to paying fees
under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services
authorized on the same license.
\19\ Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject
to paying fees under 7.C., 7.C.1, or 7.C.2 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.
\20\ No annual fee is charged for a materials license (or part of a
materials license) that has transitioned to this fee category because
the decommissioning costs will be recovered through 10 CFR part 170
fees, but annual fees may be charged for other activities authorized
under the license that are not in decommissioning status.
\21\ Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to
paying fees under 3.N. licenses that authorize services for other
licensees authorized on the same license.
Dated: February 15, 2022.
For the Nuclear Regulatory Commission.
Cherish K. Johnson,
Chief Financial Officer.
[FR Doc. 2022-03715 Filed 2-18-22; 4:15 pm]
BILLING CODE 7590-01-P