[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
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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