[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Rules and Regulations]
[Pages 37197-37226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13169]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / 
Rules and Regulations  

[[Page 37197]]



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: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending the 
licensing, inspection, special project, and annual fees charged to its 
applicants and licensees. These 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.

DATES: This final rule is effective on August 22, 2022.

ADDRESSES: 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 
a.m. and 4 p.m. (ET), Monday through Friday, except Federal holidays.

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

I. Background; Statutory Authority

    The NRC's fee regulations are primarily governed by two laws: (1) 
the Independent Offices 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.

[[Page 37198]]

II. Discussion

FY 2022 Fee Collection--Overview

    The NRC is issuing this FY 2022 final fee rule based on the 
Consolidated Appropriations Act, 2022 (the enacted budget). The final 
fee rule reflects a total budget authority in the amount of $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 enacted 
budget, 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, $23.0 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 $1.2 million for Inspector General 
services for the Defense Nuclear Facilities Safety Board. Table I 
summarizes the excluded activities for the FY 2022 final fee rule. The 
FY 2021 amounts are provided for comparison purposes.

                      Table I--Excluded Activities
                          [Dollars in millions]
------------------------------------------------------------------------
                                          FY 2021  final  FY 2022  final
                                                rule            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            16.5
 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            23.0
 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 $752.7 million in fees in FY 2022. Of this 
amount, the NRC estimates that $198.8 million will be recovered through 
10 CFR part 170 service fees and approximately $553.9 million will be 
recovered through 10 CFR part 171 annual fees. Table II summarizes the 
fee-recovery amounts for the FY 2022 final fee rule using the FY 2022 
enacted budget 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 2022, the explanatory statement associated with the 
Consolidated Appropriations Act, 2022 also included direction for the 
NRC to use $16.0 million in prior-year unobligated carryover funds to 
fully fund the University Nuclear Leadership Program (UNLP). Consistent 
with the requirements of NEIMA, the NRC does not assess fees in the 
current fiscal year for any carryover funds because fees are calculated 
based on the budget authority enacted for the current fiscal year. Fees 
were already assessed in the fiscal year in which the carryover funds 
were appropriated. The FY 2021 amounts are provided for comparison 
purposes.

                Table II--Budget and Fee Recovery Amounts
                          [Dollars in millions]
------------------------------------------------------------------------
                                          FY 2021  final  FY 2022  final
                                                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          -198.8
         Recovered through 10 CFR Part
         170 Fees.......................
        Estimated Amount to be Recovered           530.8           557.9
         through 10 CFR Part 171 Fees...
10 CFR Part 171 Billing Adjustments:

[[Page 37199]]

 
    Unpaid Current Year Invoices                     2.1             2.0
     (estimated)........................
    Less Current Year Collections from a            -2.7             N/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            -6.0
     Year for Previous Year Invoices
     (estimated)........................
Adjusted Amount to be Recovered through            708.0           752.7
 10 CFR Parts 170 and 171 Fees..........
Adjusted 10 CFR Part 171 Annual Fee                517.4           553.9
 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] TR22JN22.020

    For FY 2022, the NRC is increasing the professional hourly rate 
from $288 to $290. The increase in the professional hourly rate is 
primarily due to the increase in budgetary resources of approximately 
$11.0 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 12, 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.

             Table III--Professional Hourly Rate Calculation
                 [Dollars in millions, except as noted]
------------------------------------------------------------------------
                                          FY 2021  final  FY 2022  final
                                                rule            rule
------------------------------------------------------------------------
Mission-Direct Program Salaries &                 $335.3          $349.3
 Benefits...............................
Mission-Indirect Program Support........          $113.2          $115.1
Agency Support (Corporate Support and             $283.7          $278.9
 the IG)................................
                                         -------------------------------
    Subtotal............................          $732.2          $743.3
Less Offsetting Receipts \1\............            $0.0            $0.0
                                         -------------------------------
    Total Budgeted Resources Included in          $732.2          $743.3
     Professional Hourly Rate...........
Mission-Direct FTE......................           1,684         1,696.1
Annual Mission-Direct FTE Productive               1,510           1,510
 Hours (Whole numbers)..................
Mission-Direct FTE Converted to Hours          2,542,840       2,561,111
 (Mission-Direct FTE multiplied by
 Annual Mission-Direct FTE Productive
 Hours).................................
Professional Hourly Rate (Total Budgeted            $288            $290
 Resources Included in Professional
 Hourly Rate Divided by Mission-Direct
 FTE Converted to Hours) (Whole Numbers)
------------------------------------------------------------------------


[[Page 37200]]

FY 2022 Fee Collection--Flat Application Fee Changes

    The NRC is amending 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 $290. 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 
professional staff hours 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 
$290 is the primary reason for the increase in flat application fees 
(see the work papers).
---------------------------------------------------------------------------

    \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 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.
---------------------------------------------------------------------------

    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 as further described in the NRC's FY 2021 
Congressional Budget Justification (CBJ) (NUREG-1100, Volume 36). 
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 CBJ (NUREG-1100, Volume 37) and would result in 
the NRC imposing fees for import and export licensing actions only once 
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 final 
rule.

FY 2022 Fee Collection--Low-Level Waste Surcharge

    As in prior years, the NRC is assessing a generic low-level waste 
(LLW) surcharge of $4.250 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 is allocating 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 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................            88.4           3.757
Spent Fuel Storage/Reactor                           0.0             0.0
 Decommissioning........................
Non-Power Production or Utilization                  0.0             0.0
 Facilities.............................
Fuel Facilities.........................             9.2           0.391
Materials Users.........................             2.4           0.102
Transportation..........................             0.0             0.0
Rare Earth Facilities...................             0.0             0.0
Uranium Recovery........................             0.0             0.0
                                         -------------------------------
    Total...............................           100.0           4.250
------------------------------------------------------------------------


[[Page 37201]]

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 revising its annual fees in Sec. Sec.  171.15 and 171.16 
to recover approximately 100 percent of the NRC's FY 2022 enacted 
budget (less the budget authority for excluded activities and the 
estimated amount to be recovered through 10 CFR part 170 fees). Table V 
shows the 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 2021  final  FY 2022  final
       Class/category of licenses           annual fee      annual fee
------------------------------------------------------------------------
Operating Power Reactors................      $4,749,000      $5,165,000
+ Spent Fuel Storage/Reactor                     237,000        $227,000
 Decommissioning........................
                                         -------------------------------
    Total, Combined Fee.................      $4,986,000      $5,392,000
Spent Fuel Storage/Reactor                      $237,000        $227,000
 Decommissioning........................
Non-Power Production or Utilization              $80,000         $90,100
 Facilities.............................
High Enriched Uranium Fuel Facility           $4,643,000      $4,334,000
 (Category 1.A.(1)(a))..................
Low Enriched Uranium Fuel Facility            $1,573,000      $1,469,000
 (Category 1.A.(1)(b))..................
Uranium Enrichment (Category 1.E).......      $2,023,000      $1,888,000
UF6 Conversion and Deconversion Facility        $467,000        $436,000
 (Category 2.A.(1)......................
Basic In Situ Recovery Facilities                $47,200         $42,000
 (Category 2.A.(2)(b))..................
Typical Users:
    Radiographers (Category 3O).........         $29,100         $29,600
    All Other Specific Byproduct                  $9,900          $9,900
     Material Licensees (Category 3P)...
    Medical Other (Category 7C).........         $16,800         $17,000
    Device/Product Safety Evaluation--           $17,900         $18,100
     Broad (Category 9A)................
------------------------------------------------------------------------

    The work papers that support this final 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 final rule.
a. Operating Power Reactors
    The NRC will collect $480.3 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.

 Table VI--Annual Fee Summary Calculations for Operating Power Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
                                          FY 2021  final  FY 2022  final
        Summary fee calculations                rule            rule
------------------------------------------------------------------------
Total budgeted resources................          $611.8          $645.4
Less estimated 10 CFR part 170 receipts.          -161.6          -165.8
                                         -------------------------------
    Net 10 CFR part 171 resources.......           450.2           479.6
Allocated generic transportation........             0.3             0.4
Allocated LLW surcharge.................             2.9             3.8
Billing adjustment......................            -9.1            -3.4
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           480.3
    Total operating reactors............              93              93
    Annual fee per operating reactor....          $4.749          $5.165
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 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; and (3) the absence of the collection 
adjustment that was provided in FY 2021 due to the shutdown of Indian 
Point Generating, Unit 3. The increase in the annual fee for the 
operating power reactors fee class is partially offset due to the 
increase in the 10 CFR part 170 estimated billings. 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

[[Page 37202]]

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) event response activities to support the NRC's 
continuity of operations program and emergency plan guidance 
development; (3) 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; (4) 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; and (5) pre-application activities for the Utah 
Associated Municipal Power Systems application. The 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 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; (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; and (3) the increase in the LLW surcharge due to 
additional resources required to support the greater-than-Class C 
rulemaking for LLW case-by-case reviews (10 CFR part 61).
    The increase in the annual fee for the operating power reactors fee 
class is offset due to an increase in the 10 CFR part 170 estimated 
billings as a result of the following: (1) an anticipated rise in in-
person inspections and travel as COVID-19 impacts become less 
prominent; (2) an increase in operating reactor license renewal 
applications; and (3) construction inspection and licensing for Vogtle 
Units 3 and 4. The increase in 10 CFR part 170 estimated billings is 
partially offset by a decrease in work due to the following: (1) the 
NRC's denial of the Oklo Power, LLC COL application to build and 
operate the Aurora compact fast reactor; (2) delayed submittals for new 
reactor design and licensing applications; and (3) fewer than 
anticipated hours associated with operating reactor licensing 
activities.
    The number of operating power reactors has changed since 
publication of the proposed rule. In the proposed rule, the NRC assumed 
that there would be an increase in the total number of operating power 
reactors from 93 to 94 due to the proposed assessment of annual fees 
for Vogtle Unit 3. As stated in the FY 2023 CBJ (NUREG-1100, Volume 
38), Southern Nuclear Operating Company has extended its construction 
milestones in its semi-annual filing to state regulators. At that time, 
the utility updated the target for Vogtle Unit 3's transition to 
operations to April 2022, acknowledging a possible extension to July 
2022. Since the licensee has not notified the NRC of successful 
completion of power ascension testing for Vogtle Unit 3 pursuant to 
Sec.  171.15, this final rule has been updated to reflect 93, rather 
than 94, licensed operating power reactors, 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 $227,000 (see Table VII and the 
discussion that follows). The combined FY 2022 annual fee for each 
operating power reactor is $5,392,000.
    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,'' in the FY 2022 CBJ, 
with the intent to increase transparency with stakeholders. The NRC 
developed this estimate based on the staff's allocation of the FY 2022 
CBJ 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 to account 
for Vogtle Unit 3 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 CBJ 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 CBJ included the estimated operating power reactors annual fee, 
the assumptions made between budget formulation and the development of 
the FY 2022 final rule have changed, including the change in the number 
of operating power reactors from 94 to 93. However, the FY 2022 annual 
fee of $5,165,000 remains below the FY 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 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 will collect $27.7 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.

[[Page 37203]]



   Table VII--Annual Fee Summary Calculations for Spent Fuel Storage/
                         Reactor Decommissioning
                          [Dollars in millions]
------------------------------------------------------------------------
                                          FY 2021  final  FY 2022  final
        Summary fee calculations                rule            rule
------------------------------------------------------------------------
Total budgeted resources................           $42.2           $40.4
Less estimated 10 CFR part 170 receipts.           -13.8           -13.8
                                         -------------------------------
    Net 10 CFR part 171 resources.......            28.4            26.6
Allocated generic transportation costs..             1.1             1.3
Billing adjustments.....................            -0.6            -0.2
    Total required annual fee recovery..            28.9            27.7
    Total spent fuel storage facilities.             122             122
    Annual fee per facility.............          $0.237          $0.227
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 annual fee for the spent fuel 
storage/reactor decommissioning fee class is decreasing primarily due 
to a decrease in budgeted resources. The decrease in the annual fee is 
partially offset due to (1) a reduction of the 10 CFR part 171 billing 
adjustment and (2) an increase in the generic transportation resources 
compared to FY 2021. Furthermore, the net result of changes in 10 CFR 
part 170 estimated billings resulted in no change compared to FY 2021. 
These components are discussed in the following paragraphs.
    The decrease in the annual fee for the spent fuel storage/reactor 
decommissioning fee class is primarily due to a decline in the budgeted 
resources with changes in workload from the completion of the license 
application reviews for the consolidated interim storage facilities and 
renewals for independent spent fuel storage installation (ISFSI) 
licenses. 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 decrease in the annual fee is offset by the following: (1) 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; and (2) an increase in generic transportation 
resources allocated to the fee class due to an increase in the number 
of certificates of compliance (CoCs).
    Furthermore, the net result of changes in 10 CFR part 170 estimated 
billings resulted in no change compared to FY 2021. Compared to FY 
2021, the 10 CFR part 170 estimates increased primarily due to the 
following: (1) the staff's activities within the 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 Power Station, and the review of 
decommissioning license amendment requests, exemption requests, license 
termination plans, confirmatory surveys, and inspection activities at 
multiple sites; (2) inspection activities, exemption requests, and 
financial assurance reviews for ISFSI licenses and dry cask storage 
CoCs; and (3) the staff's review of a new fuel storage system. The 10 
CFR part 170 estimates 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 ISFSI licenses 
and dry cask storage 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.
    The required annual fee recovery amount is divided equally among 
122 licensees, resulting in a FY 2022 annual fee of $227,000 per 
licensee.
c. Fuel Facilities
    The NRC will collect $16.4 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  final
        Summary fee calculations                rule            rule
------------------------------------------------------------------------
Total budgeted resources................           $23.3           $22.4
Less estimated 10 CFR part 170 receipts.            -7.3            -8.0
                                         -------------------------------
    Net 10 CFR part 171 resources.......            16.0            14.4
Allocated generic transportation........             1.5             1.7
Allocated LLW surcharge.................             0.3             0.4
Billing adjustments.....................            -0.4            -0.1
Total remaining required annual fee                $17.5           $16.4
 recovery...............................
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 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

[[Page 37204]]

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 primarily to 
support the following: (1) the staff's review of a new fuel facility 
license application 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 
factors 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 annual fees to be 
recovered, $16.4 million, is attributable to safety activities, 
safeguards activities, and the LLW surcharge. For FY 2022, the total 
budgeted resources to be recovered as annual fees for safety activities 
are $8.7 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, $7.3 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 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 annual fee for each facility is summarized in 
Table X.

                Table X--Annual Fees for Fuel Facilities
                            [Actual dollars]
------------------------------------------------------------------------
                                          FY 2021  final  FY 2022  final
      Facility type (fee category)           annual fee      annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).      $4,643,000      $4,334,000
Low-Enriched Uranium Fuel (1.A.(1)(b))..       1,573,000       1,469,000
Facilities with limited operations             1,037,000         968,000
 (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       1,888,000
UF6 Conversion and Deconversion                  467,000         436,000
 (2.A.(1))..............................
------------------------------------------------------------------------

d. Uranium Recovery Facilities
    The NRC will collect $0.3 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  final
        Summary fee calculations                rule            rule
------------------------------------------------------------------------
Total budgeted resources................            $0.5            $0.9
Less estimated 10 CFR part 170 receipts.            -0.3            -0.6
                                         -------------------------------
    Net 10 CFR part 171 resources.......             0.2             0.3

[[Page 37205]]

 
Allocated generic transportation........             N/A             N/A
Billing adjustments.....................             0.0             0.0
Total required annual fee recovery......            $0.2            $0.3
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 annual fee for the non-DOE 
licensee in the uranium recovery facilities fee class is decreasing due 
to an increase in 10 CFR part 170 estimated billings to support an 
increase in casework for Crow Butte Resources, Inc. (CBR) related to 
the Atomic Safety and Licensing Board decision on the NRC staff's 
National Environmental Review Act and National Historic Preservation 
Act reviews for CBR's 2014 license renewal.
    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 Title 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    The DOE's UMTRCA annual fee is increasing compared to FY 2021 
primarily 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 2021  final  FY 2022  final
            Summary of costs                 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        $206,441
     resources less 10 CFR part 170
     receipts...........................
    10 percent of generic/other uranium            5,241           4,665
     recovery budgeted resources........
    10 percent of uranium recovery fee-              N/A             N/A
     relief adjustment..................
                                         -------------------------------
        Total Annual Fee Amount for DOE         $117,000        $211,000
         (rounded)......................
Annual Fee Amount for Other Uranium
 Recovery Licenses:
    90 percent of generic/other uranium          $47,166         $41,986
     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         $41,986
         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.

[[Page 37206]]



                            Table XIII--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
                                                                      Benefit                         Benefit
                  Fee category                      Number  of      factor  per    Total  value       factor
                                                     licensees       licensee                     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 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 2021 final   FY 2022 final
      Facility type (fee category)          annual fee      annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills                    N/A             N/A
 (2.A.(2)(a))...........................
Basic In Situ Recovery facilities                $47,200         $42,000
 (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 will collect $0.270 million in annual fees from the non-
power production or utilization facilities fee class in FY 2022, as 
shown in Table XV. The 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 final
        Summary fee calculations               rule            rule
------------------------------------------------------------------------
Total budgeted resources................      $2,896,754      $6,071,559
Less estimated 10 CFR part 170 receipts.      -2,576,000      -5,804,000
                                         -------------------------------
    Net 10 CFR part 171 resources.......         320,754         267,559
Allocated generic transportation \3\....          43,302          35,232
Billing adjustments \3\.................         -43,915         -32,485
    Total required annual fee recovery..         320,141         270,306
    Total non-power production or                      4               3
     utilization facilities licenses....
                                         -------------------------------
        Total annual fee per license             $80,000         $90,100
         (rounded)......................
------------------------------------------------------------------------

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

    \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 fees.
---------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 annual fee for the non-power 
production or utilization facilities fee class is increasing, primarily 
because of the decrease of non-power production or utilization 
facilities from four to three as a result of the transition of the 
Aerotest Radiography and Research Reactor to decommissioning.
    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; and 
(3) an increase in pre-application meetings due to the anticipated 
submission of several license applications. 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 activities associated with the special 
team

[[Page 37207]]

inspection and the staff's review of a complex license amendment 
associated with the restart of 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 annual fee of $90,100 for each 
licensee.
f. Rare Earth
    The agency received an application for a rare earth facility and 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 assessing and collecting annual fees in FY 
2022 for this fee class.
g. Materials Users
    The NRC will collect $34.8 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 final
        Summary fee calculations               rule            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             1.7
LLW surcharge...........................             0.1             0.1
Billing adjustments.....................            -0.4            -0.2
                                         -------------------------------
    Total required annual fee recovery..           $35.3           $34.8
------------------------------------------------------------------------

    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 $34.8 million for FY 2022 shown in 
Table XVI consists of $27.0 million for general costs, $7.7 million for 
inspection costs, and $0.1 million for LLW costs. To equitably and 
fairly allocate the $34.8 million required to be collected among 
approximately 2,466 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 is the methodology 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 annual fees are increasing 
for 47 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 decrease of materials users licensees from FY 2021.
    A constant multiplier is established to recover the total general 
costs (including allocated generic transportation costs) of $27.0 
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 $290. 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 1.46 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 annual fee being assessed to each licensee also takes into 
account a share of approximately $0.1 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 annual fee for each fee category is shown in the 
revision to Sec.  171.16(d).
h. Transportation
    The NRC will collect $1.5 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.

     Table XVII--Annual Fee Summary Calculations for Transportation
                          [Dollars in millions]
------------------------------------------------------------------------
                                           FY 2021 final   FY 2022 final
        Summary fee calculations               rule            rule
------------------------------------------------------------------------
Total budgeted resources................            $8.3           $10.2

[[Page 37208]]

 
Less estimated 10 CFR part 170 receipts.            -2.3            -3.4
                                         -------------------------------
    Net 10 CFR part 171 resources.......             5.9             6.8
Less generic transportation resources...            -4.5            -5.3
Billing adjustments.....................            -0.1             0.0
                                         -------------------------------
    Total required annual fee recovery..            $1.4            $1.5
------------------------------------------------------------------------

    In comparison to FY 2021, the FY 2022 annual fee for the 
transportation fee class is increasing primarily due to an increase in 
the budgeted resources offset by the following: (1) an increase in the 
10 CFR part 170 estimated billings and (2) generic transportation 
resources allocated to other fee classes.
    In FY 2022, the budgetary resources increased primarily to support 
the following: (1) the staff's review of transportation package 
applications (including the reviews of accident tolerant fuels (ATF)); 
(2) research activities and 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 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]
----------------------------------------------------------------------------------------------------------------
                                                                  Number of CoCs                     Allocated
                                                                  benefiting the   Percentage of      generic
                     Licensee fee class/DOE                       fee classes or    total CoCs    transportation
                                                                        DOE                          resources
----------------------------------------------------------------------------------------------------------------
Materials Users.................................................            24.0            25.7            $1.7
Operating Power Reactors........................................             6.0             6.4             0.4
Spent Fuel Storage/Reactor Decommissioning......................            18.0            19.3             1.3
Non-Power Production or Utilization Facilities..................             0.5             0.5             0.0
Fuel Facilities.................................................            24.0            25.7             1.7
Sub-Total of Generic Transportation Resources...................            72.5            77.5             5.3
DOE.............................................................            21.0            22.5             1.5
                                                                 -----------------------------------------------
    Total.......................................................            93.5           100.0             6.8
----------------------------------------------------------------------------------------------------------------

    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 making any policy changes in FY 2022.

FY 2022--Administrative Changes

    The NRC is making 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 is amending Sec.  170.3 by removing the undesignated 
paragraph that includes the definition for the phrase review is 
completed and incorporating language from the paragraph into Sec.  
170.12(b)(3). The paragraph containing the definition is unnecessary in 
10 CFR part 170 because this phrase is only referenced one time. This 
amendment will 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 is amending paragraph (a)(1)(i) by replacing the word 
``that'' with ``where the request/report,'' for

[[Page 37209]]

consistency with the use of the latter phrase in the introductory text 
of paragraph (a)(1). In addition, the NRC is amending 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 is also amending 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 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 is moving 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 amendments to Sec.  170.11 do 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 is amending 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 amendment provides additional clarity for fee payments under 10 
CFR part 170. In addition, the NRC is amending 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 amendment eliminates the need to revise 
the branch information after reorganizations or branch name changes. 
Finally, the NRC is revising 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 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 is adding 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 will not charge fees for import and export licensing actions.
    5. Add footnote 13 to the table in Sec.  170.31 for clarity.
    The NRC is adding 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. This footnote is 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 all of the 40 fees transformation 
activities.
    The final fees transformation activity that was completed in FY 
2022 was the rulemaking to update the NRC's small business size 
standards in Sec.  2.810, ``NRC size standards.'' The NRC published a 
final rule on February 17, 2022 (87 FR 8943) with an effective date of 
March 21, 2022. In the final rule, the NRC increased the upper and 
lower tiers for its receipts-based small entity size standards for 
small businesses and small not-for-profit organizations. These 
amendments allow the NRC's standards to remain consistent with the 
inflation adjustments made by the Small Business Administration (SBA) 
size standard for nonmanufacturing concerns. In addition, in accordance 
with the Small Business Runway Extension Act of 2018, the NRC changed 
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 public can track all NRC rulemaking 
activities on the NRC's Rulemaking Tracking and Reporting system at 
https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/RuleIndex.html. Information on the recently completed rulemaking 
on the NRC's size standards can be found by searching for 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.

III. Public Comment Analysis

Overview of Public Comments

    The NRC published a proposed rule on February 23, 2022 (87 FR 
10081) and requested public comment on its proposed revisions to 10 CFR 
parts 170 and 171. By the close of the comment period, the NRC received 
four written comment submissions on the FY 2022 proposed rule. In 
general, the commenters were supportive of the specific proposed 
regulatory changes. Some commenters expressed concerns about broader 
fee-policy issues related to transparency, the overall size of the 
NRC's budget, fairness of fees, and budget formulation. Some 
commenters' concerns were outside the scope of the fee rule.
    The commenters are listed in Table XIX.

       Table XIX--FY 2022 Proposed Fee Rule Commenter Submissions
------------------------------------------------------------------------
                                                        ADAMS  Accession
            Commenter                 Affiliation             No.
------------------------------------------------------------------------
Matthew F. Ostdiek, P.E.........  Rendezvous                 ML22074A293
                                   Engineering, P.C.
                                   (RE).

[[Page 37210]]

 
Gusstivol Paul Terricah Reid, Sr  No known                   ML22087A051
                                   affiliation.
Dr. Jennifer L. Uhle............  Nuclear Energy             ML22087A052
                                   Institute (NEI).
Cheryl A. Gayheart..............  Southern Nuclear           ML22087A417
                                   Operating Company
                                   (SNC).
------------------------------------------------------------------------

    Information about obtaining the complete text of the comment 
submissions is available in the ``Availability of Documents,'' section 
of this document.

IV. Public Comments and NRC Responses

    The NRC has carefully considered the public comments received on 
the proposed rule. The comments have been organized by topic into six 
individual comments. Comments from a single commenter have been quoted 
to ensure accuracy; brackets within those comments are used to show 
changes that have been made to the quoted comments.

A. Small Entity

    Comment: ``[F]rom a small business perspective, the broad revenue 
range encompassing $485,000 to $7,000,000 favors larger firms while 
severely burdening small entities. Our firm's revenue is at the bottom 
end of this range, yet our fee is the same as another entity seven 
times our gross revenue. The license fee is a significant expense to 
our firm. Please consider establishing lower licensing fees by [adding] 
additional fee tiers between the $520,000 to $7,000,000 range. [A] fee 
rate schedule with more steps for small businesses would help reduce 
the license fee burden on the smaller entities. Establishing reduced 
fees by creating more tiers in the gross annual receipts bracket makes 
sense to help small business concerns. Firms near the top of the 
bracket with significantly higher annual receipts should pay more that 
those at the bottom.'' (RE)
    Response: Under the SBA's regulations, other Federal agencies may, 
at their discretion, establish their own standards through notice and 
comment rulemaking. To reduce the significance of the annual fees on a 
substantial number of small entities, the NRC established the maximum 
small entity fee in FY 1991. In FY 1992, the NRC introduced a second 
lower tier to the small entity fee. Because the NRC's methodology for 
small entity size standards has been approved by the SBA, the NRC did 
not modify its current methodology for this rulemaking.
    As discussed previously in this final fee rule, the NRC recently 
updated its small business size standards in Sec.  2.810, ``NRC size 
standards,'' through notice and comment rulemaking, and those standards 
are separately codified at Sec.  2.810 (87 FR 8943; February 17, 2022).
    No change was made to this final rule as a result of this comment.

B. Use of Fee-Based Carryover Funds

    Comment: ``In FY 2021, Congress directed NRC to use $35 million in 
fee-based carryover funding; $16 million for the University Nuclear 
Leadership Program (UNLP) and $19 million to reduce fee collections. In 
the recently signed budget authorization for FY2022, Congress directed 
the use of $16 million in available carryover funding for the UNLP. Had 
Congress further directed, consistent with prior years, that available 
fee-based carryover be used for the purpose of reducing licensee fees, 
the increase seen by licensees would be much less. We encourage NRC to 
use its available discretionary authority in applying fee-based 
carryover funds for the purpose of reducing license fees.'' (NEI)
    Response: Each fiscal year, the NRC follows the direction of 
Congress in the explanatory statement that accompanies the annual 
appropriations act. In FY 2022, the explanatory statement associated 
with the Consolidated Appropriations Act, 2022 directed the NRC to use 
$16.0 million in prior-year unobligated carryover funds to fully fund 
the UNLP. Under NEIMA, the NRC must recover, to the maximum extent 
practicable, approximately 100 percent of the total budget authority 
appropriated for the fiscal year, less the budget authority for 
excluded activities.
    No change was made to this final rule as a result of this comment.

C. Excluded Activities

    Comment: ``The FY2022 congressionally authorized budget currently 
includes over $20 million that should not be included in the fee base. 
The $16 million appropriated for the University Nuclear Leadership 
Program is currently being addressed by fee-based carryover funds. This 
is contrary to the Nuclear Energy Innovation and Modernization Act 
(NEIMA) of 2018, where UNLP is one of the activities excluded from 
recovery. The FY2022 payment, combined with a similar payment in 
FY2021, gives $32M in payments that should have been excluded from the 
fee base. To facilitate the correction of this, we encourage NRC to 
include UNLP funding in its FY2023 proposed budget as a fee relief item 
under NEIMA.
    The FY2022 budget also includes $4.3 million to subsidize rent for 
the Food and Drug Administration (FDA) and the National Institutes of 
Health (NIH). In its October 12, 2021, letter to Congress on NEIMA, NRC 
identified that the nuclear industry has paid approximately $21 million 
to [subsidize] rent for the FDA and the NIH in the 3WFN building and, 
if unchanged, industry will have to pay an additional $27 million to 
subsidize rent. These payments do nothing to support the agency's 
mission. We encourage NRC to continue its discussions with Congress to 
remove these payments from the fee base.'' (NEI)
    Response: The FY 2023 CBJ was released to Congress on March 28, 
2022, and does not include resources for the UNLP. As part of the NRC's 
ongoing communications with Congress, the NRC provides information to 
and has discussions with Congress regarding various budgetary matters.
    No change was made to this final rule as a result of this comment.

D. Operating Power Reactors Fee Class Budget and Declining 10 CFR Part 
170 Service Fee Collections

    Comment: ``Approximately 85% of the appropriated budget for FY2022 
is from the power reactor fee class. Over the past five years the 
budget for operating reactors has decreased less than 4%. During this 
same period, the number of operating reactors has decreased by 7% and 
Part 170 service fee collections have decreased by 33%. The modest 
decrease in NRC operating plant budget during this time has not kept 
pace with the significant reduction in operating plant service fee 
collections. As a result, a greater percentage of the budget is 
required to be recovered through annual fees. . . . [T]he percentage of 
the operating plant budget that is derived from annual fees

[[Page 37211]]

(currently at 75%) continues to increase; up from 64% in FY 2018. The 
annual fee for operating plants is increasing by 8.8% over FY2021, to 
over $5 million per reactor. As noted in the fee rule notices and 
associated work papers, the reductions in service fee collections in 
recent years have been attributable, in part, to plant closures. Plant 
closures have a double impact on operating plants' annual fees in that 
service fees are collected from fewer plants leading to an increase in 
required annual fees. This annual fee collection is then divided among 
fewer operating plants.'' (NEI)
    Response: The NRC is aware and remains mindful of the impact of its 
budget on the fees for operating power reactors licensees. The 
operating power reactors fee class supports the activities of the 
operating reactors and new reactors business lines, including both 
direct-billable licensing actions and those general activities that 
indirectly support the agency's mission in these areas.
    When formulating the budget, the NRC takes into consideration 
various factors. First, the NRC assesses the current environment and 
performs workload forecasting, which includes looking for significant 
drivers that could impact the future workload. These include technical, 
regulatory, and legislative developments that have the potential to 
generate additional work or reduce work (i.e., rulemaking, a guidance 
change that could drive new submittals, or known plant closures that 
will reduce the overall size of the program). The NRC then reviews 
historical data and trends to measure how our execution in previous 
years lines up with the budget assumptions at the time. The NRC uses 
that data to inform the future budget and identify areas where the 
assumptions previously used may have changed. The NRC also relies 
heavily on communications from stakeholders to identify plant 
submittals, including letters of intent, collecting information from 
the project managers, and considering responses to the periodic 
regulatory issue summaries on this topic. In budgeting for large 
licensing projects, the NRC tries to balance the anticipated resource 
needs against the relative certainty that an application will be 
submitted on schedule. The NRC recognizes that plans within the 
industry are subject to change and can be influenced by different 
factors; however, receiving reliable information from the industry can 
ensure the NRC is more accurate in budgeting for future workload needs.
    Since FY 2016, service fees directly billed to operating power 
reactor licensees under 10 CFR part 170 have decreased from $287.8 
million in FY 2016 to $160.0 million in FY 2022, which represents a 
decline of $127.8 million, or approximately 44 percent. The decline in 
10 CFR part 170 collections and reduction in the number of operating 
power reactors during this time means that the annual fee did not 
decline proportionate with the reduction in the total budgeted 
resources for the operating power reactors fee class. In a given year, 
fact of life changes in the 10 CFR part 170 estimated collections (due 
to circumstances like delayed or cancelled licensing applications) also 
impact the amount to be recovered through 10 CFR part 171 annual fees. 
While the NRC is mindful of the impact of its budgeted resources on the 
fees for operating power reactor licensees, the fee class budget is not 
linearly proportional to the size of the operating power reactor fleet. 
Resources are required to develop and maintain the infrastructure of 
the nuclear reactor safety program and fulfill the regulatory and 
statutory role of the NRC.
    Further, while the NRC understands the commenter's concern that 
early plant closures place additional costs on the existing fleet, the 
NRC notes that NEIMA caps the per-licensee annual fee for operating 
reactors, to the maximum extent practicable, at the FY 2015 annual fee 
amount as adjusted for inflation. The NRC continues to evaluate 
resource requirements and adjustments that can be made to refine the 
operating power reactors budget and remains committed to providing 
enhanced transparency throughout the development of the annual fee rule 
and supporting work papers.
    No change was made to this final rule as a result of this comment.

E. Non-Power Production or Utilization Facilities Fee Class

    Comment: ``The FY2022 proposed fee rule outlines a 16.3% increase 
in annual fees for non-power production or utilization facilities 
(NPUFs). It represents the largest fee increase in the FY2022 proposed 
fee rule of all the licensee categories. The annual fee for NPUFs has 
remained steady over the course of the last several years. In fact, the 
FY2021 Final Fee Rule represented a 1.6% decrease in the annual fee for 
NPUFs.
    NRC outlines that the annual fee increase is due, primarily, to the 
decrease of NPUF facilities subject to annual fees from four to three. 
University-based research and test reactors are exempt from fees to 
meet the requirements of 10 CFR 50.41(b). This decrease was known and 
anticipated. . . . Total budgeted resources should be appropriately 
decreased to reflect this change, which would allow for cost efficiency 
for the remaining three licensees. Rather, the remaining three 
facilities are left to cover this gap. In other fee categories, such as 
uranium recovery and fuel cycle facilities, NRC has appropriately 
recognized that it cannot continue to spread fees across a decreasing 
licensee class.
    The FRN outlines that Part 170 estimated billings are increasing 
due to a number of factors. The estimated user fees more than double, 
from $2,576,000 in the FY2021 Final Fee Rule to an estimated $5,803,000 
for the FY 2022 Proposed Fee Rule. This indicates that the Part 171 
annual fees would likely have been even higher, except for being offset 
by this significant increase in Part 170 fees. This increase should 
have amply covered the licensees who pay annual fees; they should have 
seen little-to-no increase. In fact, it would have been appropriate for 
NPUF annual fees to decrease. This increase in annual fees underscores 
the need for NRC to decrease the total budgeted resources for this 
business line, for FY2022 and in future years, to avoid such double-
digit increases. We believe that continuing to impose fee increases of 
this magnitude on this business line is inconsistent with Section 104.c 
of the Atomic Energy Act, as well as 10 CFR 50 41(b), which direct the 
Commission to regulate and license class 104 licensees in a manner that 
``will permit the conduct of widespread and diverse research and 
development.'' (NEI)
    Response: The NRC disagrees with the commenter's suggestion that 
the NRC inappropriately included activities related to the referenced 
licensee in the NPUF fee category for the FY 2022 budget. Pursuant to 
Sec.  171.15(f), annual fees are assessed to licensees authorized to 
operate a NPUF licensed under 10 CFR part 50, unless the reactor is 
exempted from fees under Sec.  171.11(b). Additionally, as discussed in 
NUREG-1537, Part 1, ``Guidelines for Preparing and Reviewing 
Applications for the Licensing of Non-Power Reactors: Format and 
Content,'' issued in February 1996, Section 17.1.2, if a research or 
test reactor is subject to annual licensing fees, the granting of a 
possession-only license amendment removes the basis for assessment of 
10 CFR part 171 annual fees. Even though the referenced licensee had 
declared cessation of operation of the facility, the licensee is 
assessed an annual fee until the possession-only license amendment is 
issued. The NRC issued the

[[Page 37212]]

possession-only license amendment on December 6, 2021. Therefore, the 
resources associated with the referenced licensee were appropriately 
included in the FY 2022 CBJ.
    Further, the NRC disagrees with the commenter's assertion that the 
increased budget authority for NPUFs reflects regulatory activities 
that are inconsistent with the NRC's obligations under AEA section 104. 
Rather, the budgeted activities were necessary to address emerging work 
needs and maintain adequate oversight of existing facilities. As 
discussed in the FY 2022 proposed fee rule, the NPUF budgetary 
resources, which are included under the operating reactors business 
line, increased 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 increased to support 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 increased to 
support the following: (1) activities associated with 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.
    While the NRC should reduce its budget commensurate with the 
reduction in the number of NPUFs that pay fees, that reduction is not 
linearly proportional as there is a cost for the infrastructure that 
must be maintained independent of the number of operational NPUFs. 
These infrastructure costs include indirect services and the business 
line portion of corporate support. Indirect services include 
rulemaking, maintaining guidance for licensees, and maintaining 
procedures for NRC staff, training, and travel. Corporate support 
includes, for example, the cost for information management, information 
technology, security, facilities management, rent, utilities, financial 
management, acquisitions, human resources, and policy support.
    Under NEIMA, and as stated in the FY 2022 CBJ and the FY 2022 
proposed fee rule, medical isotope production infrastructure is a fee-
relief activity identified by the Commission. This fee-relief activity 
includes the budgeted resources for the development of a medical 
isotope production infrastructure. This fee-relief activity does not 
include activities that are subject to 10 CFR part 170 fees. As stated 
in the statements of consideration for the FY 2021 fee rule, while the 
NRC's fee regulations did not have a fee class for future NPUF 
licensees (e.g., medical isotope production applicants), the NRC 
historically included budgeted resources for the review of these 
applications within the research and test reactor fee class, and the 
budgeted resources not recovered in 10 CFR part 170 service fees have 
been excluded from the fee-recovery requirement as a fee-relief 
activity.
    No change was made to this final rule in response to this comment.

F. Transparency

    Comment: To ensure notification of significant changes in advance 
of the final rule, some commenters requested that the NRC use any means 
available to notify licensees of any substantial changes made during 
the crafting of the final rule, e.g., the use of carryover and the 
number of operating power reactors assumed. This would allow licensees 
additional time needed to realign their own budgets. One commenter also 
encouraged future public meetings to discuss resolution of the industry 
comments so that the final rule serves in the best interest of safety 
in a cost-effective manner. (NEI and SNC)
    Response: The NRC strives to ensure that the proposed fee rule is 
as accurate as possible and explains its assumptions about the 
budgetary resources and the number of operating power reactors to 
provide the best information available regarding the fiscal year's 
proposed fees. The NRC discussed these assumptions during the FY2022 
proposed fee rule public meeting on March 17, 2022. The NRC must comply 
with statutory requirements, including NEIMA and the Administrative 
Procedure Act (APA). NEIMA requires the NRC to recover, to the maximum 
extent practicable, approximately 100 percent of total budget authority 
less the budget authority for excluded activity, through fees assessed 
by the end of the fiscal year. Section 553 of the APA requires the NRC 
to give the public an opportunity to comment on a published proposed 
rule. Because the Office of Management and Budget has found the fee 
rule to be a major rule under the Congressional Review Act, the 
effective date of the final rule cannot be less than 60 days from the 
date of publication and must allow for timely final billing prior to 
the end of the fiscal year. The NRC, therefore, cannot republish the FY 
2022 proposed fee rule to provide advance notification of all changes 
within the final rule and meet its statutory requirements.
    No changes were made to this final rule in response to these 
comments.

V. 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 final 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 FRA, 5 U.S.C. 601-602, has been amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
Public Law 104-121, Title II, 110 Stat. 847 (1996).
---------------------------------------------------------------------------

VI. 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 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 final 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 
final rule.

VII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule, Sec.  50.109, does 
not apply to this final 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.

VIII. Plain Writing

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

[[Page 37213]]

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).

IX. National Environmental Policy Act

    The NRC has determined that this final 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 final rule.

X. Paperwork Reduction Act

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

XI. Congressional Review Act

    This final rule is a rule as defined in the Congressional Review 
Act of 1996 (5 U.S.C. 801-808). The Office of Management and Budget has 
found it to be a major rule as defined in the Congressional Review Act.

XII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this final rule, the NRC is 
amending 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.

XIII. Availability of Guidance

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

XIV. Availability of Documents

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

------------------------------------------------------------------------
                                                ADAMS accession No./FR
                 Documents                        citation/web link
------------------------------------------------------------------------
FY 2022 Final Rule Work Papers.............  ML22136A015.
OMB Circular A-25, ``User Charges''........  https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-025.pdf.
``Revision of Fee Schedules; Fee Recovery    86 FR 32146.
 for Fiscal Year 2021,'' dated June 16,
 2021.
NUREG-1100, Volume 36, ``Congressional       ML20024D764.
 Budget Justification: Fiscal Year 2021''
 (February 2020).
NUREG-1100, Volume 37, ``Congressional       ML21181A336.
 Budget Justification: Fiscal Year 2022''
 (June 2021).
``Public Interest Exemption from Provisions  ML21209A553.
 in the Fiscal Year 2021 Fee Rule that
 Require Fees for Import/Export Licensing
 Actions,'' dated August 20, 2021.
SECY-05-0164, ``Annual Fee Calculation       ML052580332.
 Method,'' dated September 15, 2005.
``Revision of Fee Schedules; Fee Recovery    80 FR 37432.
 for Fiscal Year 2015,'' dated June 30,
 2015.
NUREG-1100, Volume 38, ``Congressional       ML22089A188.
 Budget Justification: Fiscal Year 2023''
 (April 2022).
``Variable Annual Fee Structure for Small    81 FR 32617.
 Modular Reactors,'' dated May 24, 2016.
``Revision of Fee Schedules; 100% Fee        64 FR 31447.
 Recovery, FY 1999,'' dated June 10, 1999.
``Revision of Fee Schedules; Fee Recovery    67 FR 42625.
 for FY 2002,'' dated June 24, 2002.
``Revision of Fee Schedules; Fee Recovery    71 FR 30721
 for FY 2006,'' dated May 30, 2006.
SECY-16-0097, ``Fee Setting Improvements     ML16194A365.
 and Fiscal Year 2017 Proposed Fee Rule,''
 dated August 15, 2016.
Staff Requirements Memorandum for SECY-16-   ML16293A902.
 0097, dated October 19, 2016.
``Receipts-Based NRC Size Standards,''       87 FR 8943.
 dated February 17, 2022.
Fees Transformation Accomplishments........  https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.
FY 2022 Regulatory Flexibility Analysis....  ML22123A295.
FY 2022 U.S. Nuclear Regulatory Commission   ML22123A299.
 Small 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 adopting 
the following amendments to 10 CFR parts 170 and 171:

[[Page 37214]]

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 undesignated paragraph following the 
definition for Research reactor.

0
3. In Sec.  170.11:
0
a. Revise paragraph (a)(1);
0
b. Redesignate paragraph (a)(13) as paragraph (d); and
0
c. Revise paragraph (c).
    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 ``$290''.

0
6. In Sec.  170.21, in table 1, revise the entry for ``K. Import and 
export licenses'' 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)........
        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.

[[Page 37215]]

 
        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   Full Cost.
     of 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):     $1,300.
         22140].
    D. All other special nuclear
     material licenses, except licenses
     authorizing special nuclear
     material in sealed or unsealed form
     in combination that would
     constitute a critical mass, as
     defined in Sec.   70.4 of this
     chapter, for which the licensee
     shall pay the same fees as those
     under Category 1.A.\4\.
        Application [Program Code(s):     $2,700.
         22110, 22111, 22120, 22131,
         22136, 22150, 22151, 22161,
         22170, 23100, 23300, 23310].
    E. Licenses or certificates for       Full Cost.
     construction and operation of a
     uranium enrichment facility \6\
     [Program Code(s): 21200].
    F. Licenses for possession and use    Full Cost.
     of 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    Full Cost.
     use of source material for refining
     uranium mill concentrates to
     uranium hexafluoride or for
     deconverting uranium hexafluoride
     in the production of uranium oxides
     for disposal.\6\ [Program Code(s):
     11400].
    (2) Licenses for possession and use
     of source material in recovery
     operations such as milling, in-situ
     recovery, heap-leaching, ore buying
     stations, ion-exchange facilities,
     and in processing of ores
     containing source material for
     extraction of metals other than
     uranium or thorium, including
     licenses authorizing the possession
     of byproduct waste material
     (tailings) from source material
     recovery operations, as well as
     licenses authorizing the possession
     and maintenance of a facility in a
     standby mode.\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            Full Cost.
         facilities \6\ [Program
         Code(s): 11555].
        (f) Other facilities \6\          Full Cost.
         [Program 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].

[[Page 37216]]

 
    (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):     $1,300.
         11210].
    C. Licenses to distribute items
     containing source material to
     persons exempt from the licensing
     requirements of part 40 of this
     chapter.
        Application [Program Code(s):     $6,200.
         11240].
    D. Licenses to distribute source
     material to persons generally
     licensed under part 40 of this
     chapter.
        Application [Program Code(s):     $2,900.
         11230, 11231].
    E. Licenses for possession and use
     of source material for processing
     or manufacturing of products or
     materials containing source
     material for commercial
     distribution.
        Application [Program Code(s):     $2,800.
         11710].
    F. All other source material
     licenses.
        Application [Program Code(s):     $2,800.
         11200, 11220, 11221, 11300,
         11800, 11810, 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):     $13,600.
         03211, 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):     $3,700.
         03214, 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):     $5,400.
         02500, 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.
    E. Licenses for possession and use
     of byproduct material in sealed
     sources for irradiation of
     materials in which the source is
     not removed from its shield (self-
     shielded units).
        Application [Program Code(s):     $3,300.
         03510, 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):     $6,800.
         03511].
    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):     $64,800.
         03521].
    H. Licenses issued under subpart A
     of part 32 of this chapter to
     distribute items containing
     byproduct material that require
     device review to persons exempt
     from the licensing requirements of
     part 30 of this chapter. The
     category does not include specific
     licenses authorizing redistribution
     of items that have been authorized
     for distribution to persons exempt
     from the licensing requirements of
     part 30 of this chapter.
        Application [Program Code(s):     $6,900.
         03254, 03255, 03257].

[[Page 37217]]

 
    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):     $15,400.
         03250, 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):     $2,100.
         03240, 03241, 03243].
    K. Licenses issued under subpart B
     of part 32 of this chapter to
     distribute items containing
     byproduct material or quantities of
     byproduct material that do not
     require sealed source and/or device
     review to persons generally
     licensed under part 31 of this
     chapter. This category does not
     include specific licenses
     authorizing redistribution of items
     that have been authorized for
     distribution to persons generally
     licensed under part 31 of this
     chapter.
        Application [Program Code(s):     $1,200.
         03242, 03244].
    L. Licenses of broad scope for
     possession and use of byproduct
     material issued under parts 30 and
     33 of this chapter for research and
     development that do not authorize
     commercial distribution. Number of
     locations of use: 1-5.
        Application [Program Code(s):     $5,700.
         01100, 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):     $8,600.
         03620].
    N. Licenses that authorize services
     for other licensees, except:
        (1) Licenses that authorize only
         calibration and/or leak testing
         services are subject to the
         fees specified in fee Category
         3.P.; and.
        (2) Licenses that authorize
         waste disposal services are
         subject to the fees specified
         in fee Categories 4.A., 4.B.,
         and 4.C.\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):     $9,200.
         03310, 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):     $6,600.
         02400, 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].
    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):     $14,800.
         03210].
4. Waste disposal and processing: \11\

[[Page 37218]]

 
    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):     Full Cost.
         03231, 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):     $7,200.
         03234].
    C. Licenses specifically authorizing
     the receipt of prepackaged waste
     byproduct material, source
     material, or special nuclear
     material from other persons. The
     licensee will dispose of the
     material by transfer to another
     person authorized to receive or
     dispose of the material.
        Application [Program Code(s):     $5,200.
         03232].
5. Well logging: \11\
    A. Licenses for possession and use
     of byproduct material, source
     material, and/or special nuclear
     material for well logging, well
     surveys, and tracer studies other
     than field flooding tracer studies.
        Application [Program Code(s):     $4,800.
         03110, 03111, 03112].
    B. Licenses for possession and use
     of byproduct material for field
     flooding tracer studies.
        Licensing [Program Code(s):       Full Cost.
         03113].
6. Nuclear laundries: \11\
    A. Licenses for commercial
     collection and laundry of items
     contaminated with byproduct
     material, source material, or
     special nuclear material.
        Application [Program Code(s):     $23,100.
         03218].
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):     $11,600.
         02300, 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):     $15,400.
         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):     $9,100.
         02110].
        (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):     $12,000.
         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):     $15,000.
         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.
        Application [Program Code(s):     $11,000.
         02120, 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.

[[Page 37219]]

 
        Application [Program Code(s):     $2,700.
         03710].
9. Device, product, or sealed source
 safety evaluation:
    A. Safety evaluation of devices or
     products containing byproduct
     material, source material, or
     special nuclear material, except
     reactor fuel devices, for
     commercial distribution.
        Application--each device........  $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,  Full Cost.
         and plutonium air packages.
        2. Other casks..................  Full Cost.
    B. Quality assurance program
     approvals issued under part 71 of
     this chapter.
        1. Users and Fabricators........
        Application.....................  $4,400.
        Inspections.....................  Full Cost.
        2. Users........................
        Application.....................  $4,400.
        Inspections.....................  Full Cost.
    C. Evaluation of security plans,      Full Cost.
     route approvals, route surveys, and
     transportation security devices
     (including immobilization devices).
11. Review of standardized spent fuel     Full Cost.
 facilities..
12. Special projects:
    Including approvals, pre-application/
     licensing activities, and
     inspections.
        Application [Program Code:        Full Cost.
         25110].
13. A. Spent fuel storage cask            Full Cost.
 certificate of compliance..
    B. Inspections related to storage of  Full Cost.
     spent fuel under Sec.   72.210 of
     this chapter.
14. Decommissioning/Reclamation \11\
    A. Byproduct, source, or special      Full Cost.
     nuclear material licenses and other
     approvals authorizing
     decommissioning, decontamination,
     reclamation, or site restoration
     activities under parts 30, 40, 70,
     72, and 76 of this chapter,
     including 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.
        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.

[[Page 37220]]

 
    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):     Full Cost.
         03614].
18. Department of Energy.
    A. Certificates of compliance.        Full Cost.
     Evaluation of casks, packages, and
     shipping containers (including
     spent fuel, high-level waste, and
     other casks, and plutonium air
     packages).
    B. Uranium Mill Tailings Radiation    Full Cost.
     Control Act (UMTRCA) activities..
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
  assessed for pre-application consultations and reviews; applications
  for new licenses, approvals, or license terminations; possession-only
  licenses; issuances of new licenses and approvals; certain amendments
  and renewals to existing licenses and approvals; safety evaluations of
  sealed sources and devices; generally licensed device registrations;
  and certain inspections. The following guidelines apply to these
  charges:
(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).
(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.

[[Page 37221]]

 
\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 $227,000.
    (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 $90,100.

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 \1\
            Category of materials licenses                  \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-235
     or plutonium for fuel fabrication activities....
        (a) Strategic Special Nuclear Material (High          $4,334,000
         Enriched Uranium) \15\ [Program Code(s):
         21213]......................................
        (b) Low Enriched Uranium in Dispersible Form           1,469,000
         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\              968,000
         [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]

[[Page 37222]]

 
    D. All other special nuclear material licenses,                5,800
     except licenses authorizing special nuclear
     material in sealed or unsealed form in
     combination that would constitute a critical
     mass, as defined in Sec.   70.4 of this chapter,
     for which the licensee shall pay the same fees
     as those under Category 1.A. [Program Code(s):
     22110, 22111, 22120, 22131, 22136, 22150, 22151,
     22161, 22170, 23100, 23300, 23310]..............
    E. Licenses or certificates for the operation of           1,888,000
     a uranium enrichment facility \15\ [Program
     Code(s): 21200].................................
    F. Licenses for possession and use of special                  4,300
     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             436,000
     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\                42,000
         [Program Code(s): 11500]....................
        (c) Expanded In Situ Recovery facilities \15\                N/A
         [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,               2,700
     and/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                   5,100
     persons 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             27,800
     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. [Program Code(s): 03211,
     03212, 03213]...................................
        (1). Licenses of broad scope for the                      37,000
         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. [Program Code(s): 04010, 04012, 04014]..
        (2). Licenses of broad scope for the                      46,200
         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. [Program Code(s): 04011,
         04013, 04015]...............................
    B. Other licenses for possession and use of                    9,700
     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             12,900
         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             16,000
         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: more than 20. [Program Code(s):
         04111, 04113, 04115, 04117].................
    C. Licenses issued under Sec.  Sec.   32.72 and/               9,100
     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) 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]..

[[Page 37223]]

 
        (2). Licenses issued under Sec.  Sec.   32.72             16,500
         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               10,000
     material in sealed sources for irradiation of
     materials in which the source is not removed
     from its shield (self-shielded units). [Program
     Code(s): 03510, 03520]..........................
    F. Licenses for possession and use of less than                9,100
     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 in
     which the source is not exposed for irradiation
     purposes. [Program Code(s): 03511]..............
    G. Licenses for possession and use of greater                 72,700
     than 10,000 curies of byproduct material in
     sealed sources for irradiation of materials in
     which the source is exposed for irradiation
     purposes. This category also includes underwater
     irradiators for irradiation of materials in
     which the source is not exposed for irradiation
     purposes. [Program Code(s): 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              17,500
     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             12,700
     of byproduct material issued under parts 30 and
     33 of this chapter for research and development
     that do not authorize commercial distribution.
     Number of locations of use: 1-5. [Program
     Code(s): 01100, 01110, 01120, 03610, 03611,
     03612, 03613]...................................
        (1) Licenses of broad scope for possession                16,900
         and 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                21,100
         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. [Program Code(s):
         04611, 04613, 04615, 04617, 04619, 04621,
         04623]......................................
    M. Other licenses for possession and use of                   13,500
     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                 15,400
     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               29,600
     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                   39,400
         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                   49,400
         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].............
    P. All other specific byproduct material                       9,900
     licenses, 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                13,200
         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                16,500
         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]...............................

[[Page 37224]]

 
    Q. Registration of devices generally licensed               \13\ N/A
     under 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                6,100
         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                 6,500
         times 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-                    24,200
     produced radionuclides. [Program Code(s): 03210]
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt              23,000
     of waste byproduct material, source material, or
     special nuclear material from other persons for
     the purpose of contingency storage or commercial
     land disposal by the licensee; or licenses
     authorizing contingency storage of low-level
     radioactive waste at the site of nuclear power
     reactors; or licenses for receipt of waste from
     other persons for incineration or other
     treatment, packaging of resulting waste and
     residues, and transfer of packages to another
     person authorized to receive or dispose of waste
     material. [Program Code(s): 03231, 03233, 03236,
     06100, 06101]...................................
    B. Licenses specifically authorizing the receipt              15,900
     of waste byproduct material, source material, or
     special nuclear material from other persons for
     the purpose of packaging or repackaging the
     material. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the
     material. [Program Code(s): 03234]..............
    C. Licenses specifically authorizing the receipt               8,800
     of prepackaged waste byproduct material, source
     material, or special nuclear material from other
     persons. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the
     material. [Program Code(s): 03232]..............
5. Well logging:
    A. Licenses for possession and use of byproduct               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             28,500
     of items contaminated with byproduct material,
     source material, or special nuclear material.
     [Program Code(s): 03218]........................
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40, and 70             27,500
     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:
     1-5. [Program Code(s): 02300, 02310]............
        (1). Licenses issued under parts 30, 35, 40,              36,700
         and 70 of this chapter for human use of
         byproduct material, source material, or
         special nuclear material in sealed sources
         contained in gamma stereotactic radiosurgery
         units, teletherapy devices, or similar beam
         therapy devices. This category also includes
         the possession and use of source material
         for shielding when authorized on the same
         license.\9\ Number of locations of use: 6-
         20. [Program Code(s): 04510, 04512].........
        (2). Licenses issued under parts 30, 35, 40,              45,900
         and 70 of this chapter for human use of
         byproduct material, source material, or
         special nuclear material in sealed sources
         contained in gamma stereotactic radiosurgery
         units, teletherapy devices, or similar beam
         therapy devices. This category also includes
         the possession and use of source material
         for shielding when authorized on the same
         license.\9\ Number of locations of use: more
         than 20. [Program Code(s): 04511, 04513]....
    B. Licenses of broad scope issued to medical                  37,800
     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                    50,200
         medical institutions or two or more
         physicians under parts 30, 33, 35, 40, and
         70 of this chapter authorizing research and
         development, including human use of
         byproduct material, except licenses for
         byproduct material, source material, or
         special nuclear material in sealed sources
         contained in teletherapy devices. This
         category also includes the possession and
         use of source material for shielding when
         authorized on the same license.\9\ Number of
         locations of use: 6-20. [Program Code(s):
         04710]......................................
        (2). Licenses of broad scope issued to                    62,600
         medical institutions or two or more
         physicians under parts 30, 33, 35, 40, and
         70 of this chapter authorizing research and
         development, including human use of
         byproduct material, except licenses for
         byproduct material, source material, or
         special nuclear material in sealed sources
         contained in teletherapy devices. This
         category also includes the possession and
         use of source material for shielding when
         authorized on the same license.\9\ Number of
         locations of use: more than 20. [Program
         Code(s): 04711].............................
    C. Other licenses issued under parts 30, 35, 40,              17,000
     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: 1-
     5. [Program Code(s): 02120, 02121, 02200, 02201,
     02210, 02220, 02230, 02231, 02240, 22160].......
        (1). Other licenses issued under parts 30,                17,100
         35, 40, and 70 of this chapter for human use
         of byproduct material, source material, and/
         or special nuclear material, except licenses
         for byproduct material, source material, or
         special nuclear material in sealed sources
         contained in teletherapy devices. This
         category also includes the possession and
         use of source material for shielding when
         authorized on the same license.\9\ \19\
         Number of locations of use: 6-20. [Program
         Code(s): 04810, 04812, 04814, 04816, 04818,
         04820, 04822, 04824, 04826, 04828]..........

[[Page 37225]]

 
        (2). Other licenses issued under parts 30,                21,200
         35, 40, and 70 of this chapter for human use
         of byproduct material, source material, and/
         or special nuclear material, except licenses
         for byproduct material, source material, or
         special nuclear material in sealed sources
         contained in teletherapy devices. This
         category also includes the possession and
         use of source material for shielding when
         authorized on the same license.\9\ \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                6,100
     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             18,100
     of devices or products containing byproduct
     material, source material, or special nuclear
     material, except reactor fuel devices, for
     commercial distribution.........................
    B. Registrations issued for the safety evaluation              9,400
     of devices or products containing byproduct
     material, source material, or special nuclear
     material manufactured in accordance with the
     unique specifications of, and for use by, a
     single applicant, except reactor fuel devices...
    C. Registrations issued for the safety evaluation              5,500
     of sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial distribution
    D. Registrations issued for the safety evaluation              1,100
     of sealed sources containing byproduct material,
     source material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a single
     applicant, except reactor fuel..................
10. Transportation of radioactive material:
    A. Certificates of compliance or other package
     approvals issued for design of casks, packages,
     and shipping containers.........................
        1. Spent fuel, high-level waste, and                     \6\ N/A
         plutonium 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                    \6\ N/A
 Compliance..........................................
    B. General licenses for storage of spent fuel               \12\ N/A
     under 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              344,000
 to Government agencies.\15\ [Program Code(s): 03614]
18. Department of Energy:
    A. Certificates of Compliance....................    \10\ $1,503,000
    B. Uranium Mill Tailings Radiation Control Act               211,000
     (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.
\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).

[[Page 37226]]

 
\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: June 8, 2022.

    For the Nuclear Regulatory Commission.
Lee B. Ficks, Jr.,
Acting Chief Financial Officer.
[FR Doc. 2022-13169 Filed 6-21-22; 8:45 am]
BILLING CODE 7590-01-P