ML20171A273

Final Fee Rule Federal Register Notice

ML20171A273
Person / Time
Issue date:	06/19/2020
From:	Clay Johnson NRC/OCFO
To:
smh
References
85FR37250, NRC-2017-0228, NRC-2019-0084, PRM-171-1, RIN 3150-AK10
Download: ML20171A273 (34)

Text

37250 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations NUCLEAR REGULATORY available in ADAMS) is provided the as amended, authorize the fees the COMMISSION first time that it is mentioned in this agency is required to collect from document. For the convenience of the specific beneficiaries. Because the 10 CFR Parts 170 and 171 reader, the ADAMS accession numbers NRCs fee recovery under the IOAA (10

[NRC-2017-0228; Docket No. PRM-171-1; and instructions about obtaining CFR part 170) will not equal 90 percent NRC-2019-0084] materials referenced in this document of the agencys budget authority for the are provided in the Availability of fiscal year, the NRC also assesses RIN 3150-AK10 Documents section of this document. annual fees under 10 CFR part 171, FOR FURTHER INFORMATION CONTACT: Annual Fees for Reactor Licenses and Revision of Fee Schedules; Fee Anthony Rossi, Office of the Chief Fuel Cycle Licenses and Materials Recovery for Fiscal Year 2020 Financial Officer, U.S. Nuclear Licenses, Including Holders of AGENCY: Nuclear Regulatory Regulatory Commission, Washington, Certificates of Compliance, Commission. DC 20555-0001, telephone: 301-415- Registrations, and Quality Assurance ACTION: Final rule. 7341; email: Anthony.Rossi@nrc.gov. Program Approvals and Government SUPPLEMENTARY INFORMATION: Agencies Licensed by the NRC, to

SUMMARY

The U.S. Nuclear Regulatory recover the remaining amount necessary Commission (NRC) is amending the Table of Contents to meet OBRA-90s fee-recovery licensing, inspection, special project, I. Background; Statutory Authority requirement.

and annual fees charged to its II. Petition for Rulemaking: (PRM-171-1; applicants and licensees. These NRC-2019-0084)

II. Petition for Rulemaking: (PRM-171-amendments are necessary to III. Discussion 1; NRC-2019-0084) implement the Omnibus Budget IV. Public Comment Analysis On February 28, 2019, the NRC Reconciliation Act of 1990, as amended V. Public Comments and NRC Responses VI. Regulatory Flexibility Certification received a petition for rulemaking (OBRA-90), which requires the NRC to VII. Regulatory Analysis (ADAMS Accession No. ML19081A015) recover approximately 90 percent of its VIII. Backfitting and Issue Finality from Dr. Michael D. Meier, on behalf of annual budget through fees less certain IX. Plain Writing the Southern Nuclear Operating amounts excluded from this fee- X. National Environmental Policy Act Company (the petitioner). The petitioner recovery requirement. To mitigate the XI. Paperwork Reduction Act requested that the NRC revise its financial impact and economic XII. Congressional Review Act regulations in 10 CFR part 171 related disruption caused by the COVID-19 XIII. Voluntary Consensus Standards to the start of the assessment of annual Pandemic, the NRC has suspended XIV. Availability of Guidance XV. Availability of Documents fees for combined license (COL) holders billing of annual fees and fees for licensed under 10 CFR part 52, services for the 90-day period of April I. Background; Statutory Authority Licenses, Certifications, and Approvals through June 2020. Deferred fees will be The NRCs fee regulations are for Nuclear Power Plants, to align with billed in July 2020. primarily governed by two laws: (1) The the commencement of commercial DATES: This final rule is effective on Independent Offices Appropriation Act, operation of a licensed nuclear power August 18, 2020. 1952 (IOAA) (31 U.S.C. 9701), and (2) plant. Specifically, the petitioner ADDRESSES: Please refer to Docket ID OBRA-90 (42 U.S.C. 2214). The IOAA requested that the NRC revise the timing NRC-2017-0228 when contacting the generally authorizes and encourages of when annual fees commence for COL NRC about the availability of Federal regulatory agencies to recover holders to coincide with when a reactor information for this action. You may to the fullest extent possiblecosts achieves commercial operation, rather obtain publicly-available information attributable to services provided to than when the NRC finds under related to this action by any of the identifiable recipients. Under OBRA-90, § 52.103(g) that the acceptance criteria following methods: the NRC must recover approximately 90 in the COL are met, after which the

• Federal Rulemaking website: Go to percent of its budget authority for the licensee can operate the facility. The https://www.regulations.gov and search fiscal year through fees. In FY 2020, the NRCs regulations at § 171.15 currently for Docket ID NRC-2017-0228. Address following appropriated amounts are require a 10 CFR part 52 COL holder to questions about NRC dockets to Carol excluded from the fee-recovery pay the annual fee upon the Gallagher; telephone: 301-415-3463; requirement: the development of a Commissions finding under § 52.103(g).

email: Carol.Gallagher@nrc.gov. For regulatory infrastructure for advanced Public Comment on PRM-171-1 technical questions, contact the nuclear reactor technologies, individual listed in the FOR FURTHER international activities, generic The NRC published a notice of INFORMATION CONTACT section of this homeland security activities, Waste docketing in the Federal Register (84 FR final rule. Incidental to Reprocessing, and 26774; June 10, 2019), and requested

• NRCs Agencywide Documents Inspector General services for the public comment on the issues raised in Access and Management System Defense Nuclear Facilities Safety Board. PRM-171-1. The comment period (ADAMS): You may obtain publicly- Under OBRA-90, the NRC must use its closed on July 10, 2019. The NRC available documents online in the IOAA authority first to collect service received five public comment ADAMS Public Documents collection at fees for NRC work that provides specific submissions; these comments are http://www.nrc.gov/reading-rm/ benefits to identifiable applicants and available on www.regulations.gov under adams.html. To begin the search, select licensees (such as licensing work, the docket ID NRC-2019-0084.

khammond on DSKJM1Z7X2PROD with RULES3 Begin Web-based ADAMS Search. For inspections, and special projects). Comments were submitted by Nuclear problems with ADAMS, please contact The NRCs regulations in part 170 of Energy Institute (NEI), several industry the NRCs Public Document Room (PDR) title 10 of the Code of Federal stakeholders, and one non-government reference staff at 1-800-397-4209, 301- Regulations (10 CFR), Fees for organization, and all comments 415-4737, or by email to pdr.resource@ Facilities, Materials, Import and Export supported the petitioners request. The nrc.gov. The ADAMS accession number Licenses, and Other Regulatory Services NRC has carefully considered the public for each document referenced (if it is Under the Atomic Energy Act of 1954, comments received on PRM-171-1, and VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37251 provides this summary and analysis of the NRC has not based its fees on for Inspector General services for the the issues raised by the commenters. licensees economic status, market Defense Nuclear Facilities Safety Board.

Comment: Two commenters conditions, or the ability of licensees to Additionally, OBRA-90 requires the recommended expanding the scope of pass through the costs to its customers. NRC to recover approximately 90 the rulemaking to apply to reactors In keeping with the agencys percent of the remaining budget licensed under 10 CFR part 50 and independent, non-promotional authority for the fiscal year10 percent small modular reactors with conforming regulatory role, the NRCs regulations of the remaining budget authority need changes to § 171.19(e)(1). deliberately are not tied to economic not be recovered through fees. The NRC Response: The NRC agrees with this viability or profitability, nor has the refers to the activities included in this comment. A power reactor can submit NRC assessed fees based on these 10-percent as fee-relief activities.

an application under 10 CFR parts 50 concepts. After accounting for the fee-recovery and part 52; therefore, the NRC found it No changes were made to the final exclusions, the fee-relief activities, and reasonable to apply this to change to rule as a result of these comments.

net billing adjustments (i.e., the sum of both 10 CFR parts. Although this PRM-171-1 Consideration unpaid current year invoices (estimated) comment is beyond the scope of PRM- minus payments for prior year invoices, 171-1, the NRC considered this subject The petitioner requested that the NRC consider this rule change within the and current year collections made for in its rulemaking for annual fees under the termination of one operating power 10 CFR part 171 within the FY 2020 fee context of its annual fee rulemaking to amend 10 CFR parts 170 and 171 to reactor), the NRC must recover rule. The annual fee assessment for 10 approximately $728.1 million in fees in CFR part 50 power reactor licensees and collect FY 2020 fees. The NRC published a notice in the Federal FY 2020. Of this amount, the NRC 10 CFR part 52 COL holders will begin estimates that $220.2 million will be on the date of the licensees written Register (84 FR 65032; November 26, 2019) that granted partial consideration recovered through 10 CFR part 170 notification of successful completion of service fees and approximately $507.9 power ascension testing. The NRC notes by modifying the timing regarding the assessment of annual fees for 10 CFR million will be recovered through 10 that 10 CFR part 50 includes non-power CFR part 171 annual fees. Table I reactor licensees (e.g., test reactors, part 52 COL holders in the FY 2020 fee rule. summarizes the fee-recovery amounts research reactors) that the commenters for the FY 2020 final fee rule using the did not separately distinguish. The NRC Based on its review of PRM-171-1 and the public comments, the NRC is enacted budget, and taking into account will consider, expanding the scope of 10 excluded activities, fee-relief activities, CFR part 171 to cover other 10 CFR part amending § 171.15(a) to modify the timing regarding the assessment of and net billing adjustments. For all 50 licensees in a future rulemaking. information presented in the following Comment: One commenter stated that, annual fees for 10 CFR part 52 COL holders. In addition, the NRC is tables, individual values may not sum to

[t]his is a drop in the bucket of the totals due to rounding. Please see the overall costs associated with getting the amending the timing regarding the assessment of annual fees to apply to work papers (ADAMS Accession No.

plant online, but is a great first step in ML20142A363) for actual amounts.

removing government from the equation future 10 CFR part 50 power reactor and letting costs be determined by licensees. See the FY 2020 Policy Public Law 116-93Further market forces . . . [licensees] could Changes section of this final rule for Consolidated Appropriations Act, 2020, then be able to assess their costs and set additional information on the also includes direction for the NRC to prices with the thumb of government amendment resulting from PRM-171-1. use $40.0 million in prior year pressing less forcefully on the economic unobligated carryover funds. The use of III. Discussion scales. carryover funds allows the NRC to Response: The NRC disagrees with the FY 2020 Fee CollectionOverview accomplish the work needed without commenters suggestion that fees should The NRC is issuing this FY 2020 final additional costs to licensees because, be determined by market forces. The fee rule based on Public Law (Pub. L.) consistent with the requirements of NRC is required by statute, OBRA-90, as 116-93Further Consolidated OBRA-90, fees are calculated based on amended, to recover 90 percent of its Appropriations Act, 2020, (the enacted the budget authority enacted for the budget in fees assessed to licensees, less budget). The final fee rule reflects a current fiscal year and not carryover portions specifically excluded from fee budget authority in the amount of funds.

recovery or granted as fee-relief. Starting $855.6 million, a decrease of $55.4 The Commission has authorized a in FY 2021, the Nuclear Energy million from FY 2019. As explained suspension of billing of 10 CFR part 171 Innovation and Modernization Act previously, certain portions of the annual fees, and 10 CFR part 170 fees (NEIMA) will increase the amount of the NRCs total budget are excluded from for services, for the 90-day period of budget to be recovered to 100 percent, OBRA-90s fee-recovery requirement. April through June 2020. This action less portions specifically excluded or Based on the FY 2020 enacted budget, includes all annual fees that would have determined by the Commission as fee- these exclusions total $46.6 million, come due during the 90-day period and relief. To maintain the cohesiveness of consisting of $15.5 million for the fees for services that would have been NRCs fee schedules, the Commission development of a regulatory billed in April for services rendered has maintained appropriate policies to infrastructure for advanced nuclear January through March 2020. These comply with statutory requirements. reactor technologies; $14.5 million for deferred fees will be billed in July 2020.

khammond on DSKJM1Z7X2PROD with RULES3 The Commission previously addressed international activities; $14.1 million for The NRC took this action to help this issue in the statement of generic homeland security activities; mitigate the financial impacts and considerations for the FY 2002 final fee $1.3 million for Waste Incidental to economic disruptions caused by the rule (67 FR 42611; June 24, 2002) that Reprocessing activities; and $1.2 million COVID-19 Pandemic.

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37252 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations TABLE IBUDGET AND FEE RECOVERY AMOUNTS 1

[Dollars in millions]

FY 2019 FY 2020 final rule final rule Total Budget Authority ............................................................................................................................................. $911.0 $855.6 Less Excluded Fee Items ........................................................................................................................................ ¥43.4 ¥46.6 Balance ............................................................................................................................................................. 867.6 808.9 Fee Recovery Percent ............................................................................................................................................. 90 90 Total Amount to be Recovered ............................................................................................................................... 780.8 728.1 Less Estimated Amount to be Recovered through 10 CFR Part 170 Fees .................................................... ¥252.1 ¥220.2 Estimated Amount to be Recovered through 10 CFR Part 171 Fees ............................................................. 528.7 507.9 10 CFR Part 171 Billing Adjustments Unpaid Current Year Invoices (estimated) ....................................................................................................... 4.5 4.5 Less Current Year Collections from a Terminated ReactorIndian Point Nuclear Generating, Unit 2 ......... 0.0 ¥2.7 Less Payments Received in Current Year for Previous Year Invoices (estimated) ........................................ ¥2.8 ¥1.7 Adjusted 10 CFR Part 171 Annual Fee Collections Required ................................................................................ $530.5 $507.9 FY 2020 Fee CollectionProfessional are assessed under §§ 170.21 and hours (the mission-direct FTE converted Hourly Rate 170.31. to hours is the product of the mission-The NRCs professional hourly rate is direct FTE multiplied by the estimated The NRC uses a professional hourly derived by adding budgeted resources annual mission-direct FTE productive rate to assess fees under 10 CFR part 170 for: (1) Mission-direct program salaries hours). The only budgeted resources for specific services it provides. The and benefits, (2) mission-indirect excluded from the professional hourly professional hourly rate also helps program support, and (3) agency rate are those for mission-direct contract determine flat fees (which are used for support (corporate support and the resources, which are generally billed to the review of certain types of license Inspector General). The NRC then licensees separately. The following applications). This rate would be subtracts certain offsetting receipts and shows the professional hourly rate applicable to all activities for which fees divides this total by the mission-direct calculation:

full-time equivalent (FTE) converted to For FY 2020, the NRC is increasing to the anticipated decline in number of number of fuel facility license the professional hourly rate from $278 mission-direct FTE compared to FY amendments; (6) the termination of the to $279. The FY 2019 professional 2019. The hourly rate is inversely Mixed-Oxide (MOX) Fuel Fabrication hourly rate was $278, as discussed in related to the mission-direct FTE Facility construction authorization; and the statement of considerations for both amount, therefore as the number of (7) efficiencies gained within the fuel the FY 2019 proposed and final fee mission-direct FTE decrease the hourly facilities inspection program. The FY rules. During the development of the FY rate can increase. The number of 2020 estimate for annual mission-direct 2020 proposed fee rule, the NRC staff mission-direct FTE is expected to FTE productive hours is 1,510 hours0.0059 days <br />0.142 hours <br />8.43254e-4 weeks <br />1.94055e-4 months <br />, identified that the amendatory language decline by 109, primarily due to: (1) The which is unchanged from FY 2019. This for 10 CFR 170.20, Average cost per anticipated completion of the NuScale estimate, also referred to as the professional staff-hour, inadvertently small modular reactor (SMR) design productive hours assumption, reflects was not updated in FY 2019 to reflect certification review; (2) a reduction in the average number of hours that a the professional hourly rate of $278, workload associated with the Clinch mission-direct employee spends on which is why the regulatory language in River Nuclear Site (Clinch River) early mission-direct work in a given year.

this final rule continues to show the FY site permit; (3) the power reactor plant This estimate therefore excludes hours 2018 professional hourly rate of $275. closures of Oyster Creek Nuclear charged to annual leave, sick leave, The NRC has updated the statement of Generating Station (Oyster Creek), holidays, training, and general considerations for the FY 2020 fee rule Pilgrim Nuclear Power Station (Pilgrim), administrative tasks. Table II shows the and the amendatory language to reflect khammond on DSKJM1Z7X2PROD with RULES3 Three Mile Island (TMI) Nuclear professional hourly rate calculation the proposed FY 2020 professional Generating Station, Unit 1 (TMI 1); (4) methodology. The FY 2019 amounts are hourly rate of $279. the expected decline in submissions for provided for comparison purposes.

The slight increase in the FY 2020 fuel facility license renewal professional hourly rate is primarily due applications; (5) the decrease in the ER19JN20.000</GPH>

1 For each table, numbers may not add due to rounding.

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Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37253 TABLE IIPROFESSIONAL HOURLY RATE CALCULATION

[Dollars in millions, except as noted]

FY 2019 FY 2020 final rule final rule Mission-Direct Program Salaries & Benefits ........................................................................................................... $334.7 $314.6 Mission-Indirect Program Support ........................................................................................................................... $120.6 $110.8 Agency Support (Corporate Support and the IG) ................................................................................................... $304.5 $291.5 Subtotal ............................................................................................................................................................. $759.8 $716.9 Less Offsetting Receipts 2 ....................................................................................................................................... $0.0 $0.0 Total Budgeted Resources Included in Professional Hourly Rate ................................................................... $759.8 $716.9 Mission-Direct FTE (Whole numbers) ..................................................................................................................... 1,810 1,701 Annual Mission-Direct FTE Productive Hours (Whole numbers) ............................................................................ 1,510 1,510 Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual Mission-Direct FTE Produc-tive Hours) (In Millions) ........................................................................................................................................ 2,733,100 2,568,510 Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by Mission-Direct FTE Converted to Hours) (Whole Numbers) ............................................................................................ $278 $279 FY 2020 Fee CollectionFlat The NRC rounds these flat fees in FY 2020 Fee CollectionFee-Relief and Application Fee Changes such a way that ensures both Low-Level Waste Surcharge The NRC is amending the flat convenience for its stakeholders and that any rounding effects are minimal. As previously noted, OBRA-90 application fees it charges in its requires the NRC to recover schedule of fees in §§ 170.21 and 170.31 Accordingly, fees under $1,000 are rounded to the nearest $10, fees approximately 90 percent of its annual to reflect the revised professional hourly budget authority for the fiscal year. The rate of $279. The NRC charges these fees between $1,000 and $100,000 are NRC applies the remaining 10 percent to applicants for materials licenses and rounded to the nearest $100, and fees that is not recovered to offset certain other regulatory services, as well as greater than $100,000 are rounded to the budgeted activitiessee Table III for a holders of materials licenses. The NRC nearest $1,000.

full listing of these fee-relief calculates these flat fees by multiplying The licensing flat fees are applicable activities. If the amount budgeted for the average professional staff hours for certain materials licensing actions these fee-relief activities is greater or needed to process the licensing actions (see fee categories 1.C. through 1.D., 2.B. less than 10 percent of the NRCs annual by the professional hourly rate for FY through 2.F., 3.A. through 3.S., 4.B. budget authority (less the fee-recovery 2020. As part of its calculations, the through 5.A., 6.A. through 9.D., 10.B., exclusions), then the NRC applies a fee NRC analyzes the actual hours spent performing licensing actions and 15.A. through 15.L., 15.R., and 16 of adjustment (either an increase or estimates the five-year average § 170.31). Because the enacted budget decrease) to all licensees annual fees, professional staff hours that are needed excludes international activities from based on the percentage of the NRCs to process licensing actions as part of its the fee-recoverable budget, import and budgeted resources allocated to each fee biennial review of fees, which is exporting licensing activities, funded class.

required by Section 205(a) of the Chief through the international activities In FY 2020, the amount budgeted for Financial Officers Act of 1990 (31 U.S.C. product line (see fee categories K.1. fee-relief activities is less than the 10 902(a)(8)). The NRC performed this through K.5. of § 170.21 and fee percent threshold. Therefore, the NRC is review in FY 2019 and will perform this categories 15.A. through 15.R. of assessing a fee-relief credit that review again in FY 2021. The higher § 170.31) will not be charged flat fees decreases all licensees annual fees.

professional hourly rate of $279 is the under this final rule. Applications filed Table III summarizes the fee-relief primary reason for the increase in on or after the effective date of the FY activities budgeted for FY 2020. The FY application fees. Please see the work 2020 final fee rule will be subject to the 2019 amounts are provided for papers for more detail. revised fees in this final rule. comparison purposes.

TABLE IIIFEE-RELIEF ACTIVITIES

[Dollars in millions]

FY 2019 FY 2020 budgeted budgeted Fee-relief activities resources resources final rule final rule

1. Activities not attributable to an existing NRC licensee or class of licensees:.

a. Agreement State oversight ........................................................................................................................... $11.5 $11.9 khammond on DSKJM1Z7X2PROD with RULES3

b. Scholarships and Fellowships ...................................................................................................................... 15.0 16.0

c. Medical Isotope Production Infrastructure .................................................................................................... 5.4 3.1 2 The fees collected by the NRC for Freedom of hourly rate, per the guidance in the Office of indemnity activities are allocated under the Information Act (FOIA) services and indemnity fees Management and Budget (OMB) Circular A-25, Licensing Actions and Research and Test Reactors (financial protection required of all licensees for User Charges. The budgeted resources for FOIA products within the Operating Reactors business public liability claims at 10 CFR part 140) are activities are allocated under the product for line.

subtracted from the budgeted resources amount Information Services within the Corporate Support when calculating the 10 CFR part 170 professional business line. The budgeted resources for VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37254 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations TABLE IIIFEE-RELIEF ACTIVITIESContinued

[Dollars in millions]

FY 2019 FY 2020 budgeted budgeted Fee-relief activities resources resources final rule final rule

2. Activities not assessed under ..............................................................................................................................

10 CFR part 170 service fees or 10 CFR part 171 annual fees based on existing law or Commission policy:.

a. Fee exemption for nonprofit educational institutions ................................................................................... 9.1 9.0

b. Costs not recovered from small entities under 10 CFR 171.16(c) .............................................................. 8.0 7.6

c. Regulatory support to Agreement States ..................................................................................................... 14.7 12.2

d. Generic decommissioning/reclamation (not related to the power reactor and spent fuel storage fee classes) ......................................................................................................................................................... 12.9 12.0

e. Uranium recovery program and unregistered general licensees ................................................................. 7.2 5.2

f. Potential Department of Defense remediation program Memorandum of Understanding activities ............ 2.1 1.7

g. Non-military radium sites .............................................................................................................................. 1.1 0.8 Total fee-relief activities ............................................................................................................................ 87.0 79.6 Less 10 percent of the NRCs total FY budget (less the fee recovery exclusions) ................................. ¥86.8 ¥80.9 Fee-Relief Adjustment to be Allocated to All Licensees Annual Fees ............................................. 0.3 ¥1.3 Table IV shows how the NRC based on data available in the U.S. licensees that are licensed by the allocates the $1.3 million fee-relief Department of Energys (DOE) Manifest Agreement States rather than the NRC.

credit to each licensee fee class. In Information Management System The LLW surcharge amounts have addition to the fee-relief credit, the NRC (MIMS). This database contains changed since publication of the assesses a generic low-level waste information on total LLW volumes proposed rule. The DOE updated MIMS (LLW) surcharge of $3.4 million. disposed by four generator classes: with 2020 data; as a result of the update, Disposal of LLW occurs at commercially Academic, industrial, medical, and the LLW surcharge for operating power operated LLW disposal facilities that are utility. The ratio of waste volumes reactors fee class increased from $2.8 licensed by either the NRC or an disposed by these generator classes to million to $3.0 million and the LLW Agreement State. Four existing LLW total LLW volumes disposed over a surcharge decreased from $0.4 million disposal facilities in the United States period of time is used to estimate the to $0.3 million for fuel facilities; while accept various types of LLW. All are portion of this surcharge that will be the LLW surcharge remained stable at located in Agreement States and, allocated to the power reactors, fuel $0.1 million for materials users.

therefore, are regulated by an Agreement facilities, and materials fee classes. The Table IV shows the LLW surcharge State, rather than the NRC. The NRC materials portion is adjusted to account and fee-relief credit and allocation allocates this surcharge to its licensees for the large percentage of materials across the various fee classes.

TABLE IVALLOCATION OF FEE-RELIEF ADJUSTMENT AND LLW SURCHARGE, FY 2020

[Dollars in millions]

LLW surcharge Fee-relief adjustment Total Percent $ Percent $ $

Operating Power Reactors .................................................. 87.4 2.997 86.4 ¥1.152 1.845 Spent Fuel Storage/Reactor Decommissioning ................... 0.0 0.000 5.4 ¥0.071 ¥0.071 Research and Test Reactors ............................................... 0.0 0.000 0.5 ¥0.006 ¥0.006 Fuel Facilities ....................................................................... 10.0 0.343 3.4 ¥0.045 0.298 Materials Users .................................................................... 2.6 0.089 3.8 ¥0.051 0.039 Transportation ...................................................................... 0.0 0.000 0.5 ¥0.007 ¥0.007 Rare Earth Facilities ............................................................ 0.0 0.000 0.0 0.0 0.0 Uranium Recovery ............................................................... 0.0 0.000 0.1 ¥0.001 ¥0.001 Total .............................................................................. 100.0 3.430 100.0 ¥1.334 2.096 FY 2020 Fee CollectionRevised includes updating the number of NRC CFR part 170 collections for this final Annual Fees licensees in its fee calculation rule are $220.2 million, a decrease of methodology. $31.9 million from the FY 2019 final In accordance with SECY-05-0164, khammond on DSKJM1Z7X2PROD with RULES3 Annual Fee Calculation Method The NRC revised its annual fees in rule (see the specific fee class sections (ADAMS Accession No. ML052580332), §§ 171.15 and 171.16 to recover for a discussion of this decrease). The the NRC rebaselines its annual fees approximately 90 percent of the NRCs NRC, therefore, must recover $507.9 every year. Rebaselining entails FY 2020 enacted budget (less the fee- million through annual fees from its analyzing the budget in detail and then recovery exclusions and the estimated licensees, which is a decrease of $22.6 allocating the budgeted costs to various amount to be recovered through 10 CFR million from the FY 2019 final rule.

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Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37255 Table V shows the final rebaselined amounts are provided for comparison fees for FY 2020 for a representative list purposes.

of licensee categories. The FY 2019 TABLE VREBASELINED ANNUAL FEES

[Actual dollars]

FY 2019 FY 2020 Class/category of licenses final annual final annual fee fee Operating Power Reactors ...................................................................................................................................... $4,669,000 $4,621,000

+ Spent Fuel Storage/Reactor Decommissioning ................................................................................................... 152,000 188,000 Total, Combined Fee ........................................................................................................................................ 4,821,000 4,809,000 Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... 152,000 188,000 Research and Test Reactors (Non-power Reactors) .............................................................................................. 82,400 81,300 High Enriched Uranium Fuel Facility (Category 1.A.(1)(a)) .................................................................................... 6,675,000 5,067,000 Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b)) ..................................................................................... 2,262,000 1,717,000 Uranium Enrichment (Category 1.E) ....................................................................................................................... 3,513,000 2,208,000 UF6 Conversion and Deconversion Facility (Category 2.A.(1) ............................................................................... 1,417,000 510,000 Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .......................................................................................... 49,200 49,200 Typical Users: Radiographers (Category 3O) ......................................................................................................... 30,200 29,900 All Other Specific Byproduct Material Licensees (Category 3P) ............................................................................ 10,000 9,700 Medical Other (Category 7C) .................................................................................................................................. 15,300 14,800 Device/Product Safety EvaluationBroad (Category 9A) ...................................................................................... 14,300 13,800 The work papers that support this allocated to each class of licensees and a. Operating Power Reactors final rule show in detail how the NRC the calculations of the rebaselined fees.

allocates the budgeted resources for For more information about detailed fee The NRC will collect $439.0 million each class of licensees and calculates calculations for each class, please in annual fees from the operating power the fees. consult the accompanying work papers reactors fee class in FY 2020, as shown Paragraphs a. through h. of this for this final rule. in Table VI. The FY 2019 fees are shown section describe the budgeted resources for comparison purposes.

TABLE VIANNUAL FEE

SUMMARY

CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions]

Summary fee calculations FY 2019 final FY 2020 final Total budgeted resources ........................................................................................................................................ $670.2 $623.9 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥217.7 ¥186.7 Net 10 CFR part 171 resources ....................................................................................................................... 452.5 437.2 Allocated generic transportation .............................................................................................................................. 0.2 0.2 Fee-relief adjustment/LLW surcharge ..................................................................................................................... 3.4 1.9 Billing adjustment ..................................................................................................................................................... 1.5 2.4 Adjustment: Estimated current year collections from terminated reactor (Indian Point Unit 2) .............................. 0.0 ¥2.7 Total required annual fee recovery .................................................................................................................. 457.6 439.0 Total operating reactors ................................................................................................................................... 98 95 Annual fee per reactor ............................................................................................................................................. 4.669 4.621 In comparison to FY 2019, the review; (6) the completion of the Clinch resources decreased due to the resources budgeted for the operating River early site permit technical review; utilization of prior year unobligated power reactors fee class decreased by (7) a reduction in license amendment carryover funding.

$46.3 million due to a decline in FTE requests for the Vogtle Electric The 10 CFR part 170 estimated that includes, but is not limited to, the Generating Plant; (8) expected delays in billings declined primarily due to the following: (1) The closures of Oyster construction and operating license following: (1) Decreases in both Creek, Pilgrim, and TMI 1; (2) the delay application review activities for licensing actions and inspections in receipt of the Utah Associated Bellefonte Nuclear Station, Units 1 and resulting from the shutdown of the Municipal Power System SMR 2; (9) efficiencies gained from the Pilgrim and TMI 1 reactors at the end of khammond on DSKJM1Z7X2PROD with RULES3 application; (3) withdrawal of the Blue merger of the Office of Nuclear Reactor FY 2019; (2) the shutdown of Indian Castle large light-water reactor Regulation and the Office of New Point Nuclear Generating, Unit 2 (Indian application; (4) delay in the submittal of Reactors; and (10) the completion of Point 2) during FY 2020; (3) the the Advanced Passive 1000 design flooding and integrated assessment completion of the Advanced Power certification renewal application; (5) the work related to lessons learned from the Reactor-1400 design certification, issued near completion of Phase 4 of the accident at Fukushima Dai-ichi in in FY 2019 for Korea Hydro and Nuclear NuScale SMR design certification Japan. In addition, the total budgeted Power Co., LTD.; and (4) the completion VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37256 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations of the NuScale SMR design certification as shown in Table VI. Additionally, therefore, the NRC will not assess an review and the completion of the Clinch each licensed operating power reactor is annual fee in FY 2020 for this type of River early site permit technical review. assessed the FY 2020 spent fuel storage/ licensee.

This decrease in the 10 CFR part 170 reactor decommissioning annual fee of estimated billings is partially offset by $188,000 (see Table VII and the b. Spent Fuel Storage/Reactor increased work to support the Oklo discussion that follows). The combined Decommissioning Power LLC COL application for the FY 2020 annual fee for each operating The NRC will collect $22.9 million in Aurora micro reactor. power reactor is $4,809,000.

The recoverable budgeted costs are In FY 2016, the NRC amended its annual fees from 10 CFR part 50 power divided equally among the 95 licensed licensing, inspection, and annual fee reactors, and from 10 CFR part 72 operating power reactors, resulting in an regulations to establish a variable licensees that do not hold a 10 CFR part annual fee of $4,621,000 per reactor. As annual fee structure for light-water 50 license, to recover the budgeted costs part of the final annual fee, an SMRs (81 FR 32617). Under the variable for the spent fuel storage/reactor approximate $2,725,000 current year annual fee structure, an SMRs annual decommissioning fee class, as shown in collection adjustment was included in fee would be calculated as a function of Table VII. The FY 2019 fees are shown the operating power reactors calculation its licensed thermal power rating. for comparison purposes.

due to the shutdown of Indian Point 2 Currently, there are no operating SMRs; TABLE VIIANNUAL FEE

SUMMARY

CALCULATIONS FOR SPENT FUEL STORAGE/REACTOR DECOMMISSIONING

[Dollars in millions]

FY 2019 FY 2020 Summary fee calculations final final Total budgeted resources ........................................................................................................................................ $35.6 $37.9 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥17.8 ¥15.9 Net 10 CFR part 171 resources ....................................................................................................................... 17.8 22.1 Allocated generic transportation costs .................................................................................................................... 0.7 0.8 Fee-relief adjustment ............................................................................................................................................... 0.0 ¥0.1 Billing adjustments ................................................................................................................................................... 0.1 0.1 Total required annual fee recovery .................................................................................................................. 18.6 22.9 Total spent fuel storage facilities ...................................................................................................................... 122 122 Annual fee per facility .............................................................................................................................................. 0.152 0.188 In comparison to FY 2019, the of certain follow-up inspections and Point 1 and TMI 2 license transfer resources budgeted for the spent fuel enforcement activities for San Onofre applications. The overall decrease in 10 storage/reactor decommissioning fee Nuclear Generating Station; (2) a CFR part 170 estimated billings resulted class increased to support the following: reduction in the staffs review of the in an increase in annual fees under 10 (1) The review of new storage license Holtec HI-STORE consolidated interim CFR part 171.

renewal applications for Holtec HI- storage facility application due to the In addition, the annual fee increased Storm 100, TN-32, TN-68, NAC UMS, extension of the public comment period due to the rise in generic transportation NAC-MPC, Westinghouse W-150, and on the draft environmental impact costs as a result of two new CoCs in FY GE-Hitachi Morris Operation, which are statement until the end of July; (3) the 2020.

expected in FY 2020; (2) inspection completion of the Oyster Creek license activities related to site preparation for transfer application and other licensing The required annual fee recovery decommissioning of TMI 1, Pilgrim, activities; and (4) the completion of amount is divided equally among 122 Oyster Creek, and Indian Point; and (3) amendments, partial site release licensees, resulting in an FY 2020 fuel performance research. In addition, requests, and final status surveys at annual fee of $188,000 per licensee.

budgeted resources for contract costs multiple sites. This decrease in the 10 c. Fuel Facilities increased due to a reduction in the CFR part 170 estimated billings is utilization of prior year unobligated partially offset by increased work to The NRC will collect $18.0 million in carryover funding compared to FY 2019. support the following: (1) License annual fees from the fuel facilities fee The 10 CFR part 170 estimated renewals, amendments, and certificates class, as shown in Table VIII. The FY billings for FY 2020 decreased primarily of compliance (CoCs) at multiple sites, 2019 fees are shown for comparison due to the following: (1) The completion and (2) the staffs review of the Indian purposes.

TABLE VIIIANNUAL FEE

SUMMARY

CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions]

FY 2019 FY 2020 khammond on DSKJM1Z7X2PROD with RULES3 Summary fee calculations final final Total budgeted resources ........................................................................................................................................ $30.0 $23.2 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥7.3 ¥6.8 Net 10 CFR part 171 resources ....................................................................................................................... 22.7 16.5 Allocated generic transportation .............................................................................................................................. 1.2 1.1 Fee-relief adjustment/LLW surcharge ..................................................................................................................... 0.5 0.3 VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37257 TABLE VIIIANNUAL FEE

SUMMARY

CALCULATIONS FOR FUEL FACILITIESContinued

[Dollars in millions]

FY 2019 FY 2020 Summary fee calculations final final Billing adjustments ................................................................................................................................................... 0.1 0.1 Total remaining required annual fee recovery ................................................................................................. 24.5 18.0 In comparison to FY 2019, the determination matrix developed in the safeguard factors in the effort factors resources budgeted for the fuel facilities FY 1999 final fee rule (64 FR 31447; matrix for Liquid Uranium Hexafluoride fee class decreased primarily due to the June 10, 1999). To briefly recap, the (UF6) processes at Uranium Conversion following: (1) An expected decline in matrix groups licensees within this fee facilities have been reduced from 5 submissions for license renewal class into various fee categories. The (moderate effort) to 0 (no effort).

applications; (2) the decrease in the matrix lists processes conducted at Currently, there is one uranium number of license amendments; (3) the licensed sites and assigns effort factors conversion facility and it is in a ready-termination of the MOX Fuel for the safety and safeguards activities idle status with no processing Fabrication Facility construction associated with each process (these operations, and the NRC believes that it authorization; (4) efficiencies gained effort levels are reflected in Table IX). will remain in ready-idle position for because of changes to the Fuel Facilities The annual fees are then distributed FY 2020 and will need to be reassessed Inspection Program and workload projections; and (5) the utilization of across the fee class based on the on an annual basis. Regulatory oversight prior year unobligated carryover regulatory effort assigned by the matrix. of processing operations have been funding in FY 2020. The 10 CFR part The effort factors in the matrix represent curtailed while the operations are in a 170 estimated billings decreased as a regulatory effort that is not recovered ready-idle status. Therefore, the result of the withdrawal of the license through 10 CFR part 170 fees (e.g., Liquid UF6 processing at Uranium application for the MOX Fuel rulemaking, guidance). Regulatory effort Conversion facilities safety and Fabrication Facility. for activities that are subject to 10 CFR safeguards factors in the effort factors The NRC will continue allocating part 170 fees, such as the number of matrix have been reduced from a 5 to 0 annual fees to individual fuel facility inspections, is not applicable to the to reflect the curtailed regulatory licensees based on the effort/fee effort factor. In FY 2020, the safety and oversight of these processes.

TABLE IXEFFORT FACTORS FOR FUEL FACILITIES, FY 2020 Effort factors Facility type Number of (fee category) 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)) .................................................................................................... 0 0 0 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 2020, the total remaining category based on its percentage of the $0.3 millionis allocated to each fee amount of annual fees to be recovered, total regulatory effort for safety category based on its percentage of the

$18.0 million, is comprised of safety activities. Similarly, the NRC allocates total regulatory effort for both safety and activities, safeguards activities, and the the budgeted resources to be recovered safeguards activities. The annual fee per fee-relief adjustment/LLW surcharge. as annual fees for safeguards activities, licensee is then calculated by dividing For FY 2020, the total budgeted $7.6 million, to each fee category based the total allocated budgeted resources resources to be recovered as annual fees on its percentage of the total regulatory for the fee category by the number of for safety activities are $10.1 million. To effort for safeguards activities. Finally, licensees in that fee category. The fee for calculate the annual fee, the NRC the fuel facilities fee class portion of the each facility is summarized in Table X.

allocates this amount to each fee fee-relief adjustment/LLW surcharge TABLE XANNUAL FEES FOR FUEL FACILITIES

[Actual dollars]

khammond on DSKJM1Z7X2PROD with RULES3 FY 2019 FY 2020 Facility type final annual final annual (fee category) fee fee High-Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................ $6,675,000 $5,067,000 Low-Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................................. 2,262,000 1,717,000 Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .......................................................................................... N/A N/A Hot Cell (and others) (1.A.(2)(c)) ............................................................................................................................. N/A N/A VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37258 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations TABLE XANNUAL FEES FOR FUEL FACILITIESContinued

[Actual dollars]

FY 2019 FY 2020 Facility type final annual final annual (fee category) fee fee Uranium Enrichment (1.E.) ...................................................................................................................................... 2,909,000 2,208,000 UF6 Conversion and Deconversion (2.A.(1)) .......................................................................................................... 1,417,000 510,000

d. Uranium Recovery Facilities The NRC will collect $0.2 million in compared to FY 2019, as shown in annual fees from the uranium recovery Table XI. The FY 2019 fees are shown facilities fee class, which is stable for comparison purposes.

TABLE XIANNUAL FEE

SUMMARY

CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions]

FY 2019 FY 2020 Summary fee calculations final final Total budgeted resources ........................................................................................................................................ $1.0 $0.6 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥0.8 ¥0.4 Net 10 CFR part 171 resources ....................................................................................................................... 0.2 0.2 Allocated generic transportation .............................................................................................................................. N/A N/A Fee-relief adjustment ............................................................................................................................................... 0.0 0.0 Billing adjustments ................................................................................................................................................... 0.0 0.0 Total required annual fee recovery .................................................................................................................. $0.2 $0.2 In comparison to FY 2019, the rulemaking and unregistered general FY 2002 fee rule (67 FR 42625; June 24, budgeted resources and 10 CFR part 170 licenses, in order to ensure the 2002), and the NRC continues to use estimated billings for the uranium equitability and the stability of annual this methodology. The DOEs UMTRCA recovery fee class decreased due to the fees. annual fee decreased compared to FY expected reduction in support for The NRC regulates DOEs Title I and 2019 due to an increase in the 10 CFR adjudicatory actions, the uncertainty Title II activities under Uranium Mill part 170 estimated billings for associated with the construction of the Tailings Radiation Control Act processing groundwater corrective NuFuels Crownpoint site in NM and (UMTRCA) 3 and the annual fee action plans site reviews, the Powertech Dewey Burdock site in SD, assessed to DOE includes the costs anticipated workload increases at and Camecos continuation to cease U.S. specifically budgeted for the NRCs various DOE UMTRCA sites, and the uranium recovery operations at its Crow UMTRCA Title I and II activities, as fee-relief credit. The NRC assesses the Butte facility in Crawford, NE. Budgeted well as 10 percent of the remaining remaining 90 percent of its budgeted resources also decreased to include budgeted costs for this fee class. The costs to the remaining licensee in this additional uranium recovery resources NRC described the overall methodology fee class, as described in the work in the fee-relief category, In Situ leach for determining fees for UMTRCA in the papers. This is reflected in Table XII:

TABLE XIICOSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS

[Actual dollars]

FY 2019 FY 2020 Summary of costs final final annual fee annual fee DOE Annual Fee Amount (UMTRCA Title I and Title II) General Licenses:

UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts .................................................. $115,888 $114,577 10 percent of generic/other uranium recovery budgeted costs ....................................................................... 5,431 5,573 10 percent of uranium recovery fee-relief adjustment ..................................................................................... 33 ¥107 Total Annual Fee Amount for DOE (rounded) .......................................................................................... 121,000 120,000 Annual Fee Amount for Other Uranium Recovery Licenses:

90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for UMTRCA Title I and Title II activities ........................................................................................................... 48,880 50,153 khammond on DSKJM1Z7X2PROD with RULES3 90 percent of uranium recovery fee-relief adjustment ..................................................................................... 294 ¥959 Total Annual Fee Amount for Other Uranium Recovery Licenses ........................................................... 49,173 49,194 3 The Congress established the two programs, Title I program is for remedial action at abandoned program, which is directed toward uranium mill Title I and Title II, under UMTRCA to protect the mill tailings sites where tailings resulted largely sites licensed by the NRC or Agreement States in public and the environment from hazards from production of uranium for weapons programs. or after 1978.

associated with uranium milling. The UMTRCA The NRC also regulates DOEs UMTRCA Title II VerDate Sep<11>2014 19:29 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37259 Further, for any non-DOE licensees, recovery licensees first identifies the operating activities that support and the NRC will continue using a matrix to licensee categories included within this benefit these licensees, along with each determine the effort levels associated fee class (excluding DOE). These activitys relative weight (for more with conducting generic regulatory categories are: conventional uranium information, see the work papers).

actions for the different licensees in the mills and heap leach facilities, uranium Currently, there is only one remaining uranium recovery fee class; this is in situ recovery (ISR) and resin ISR non-DOE licensee which is a Basic In similar to the NRCs approach for fuel facilities, mill tailings disposal facilities, Situ Recovery facility. Table XIII facilities, described previously. The and uranium water treatment facilities. displays the benefit factors for the non-matrix methodology for uranium The matrix identifies the types of DOE licensee in that fee category:

TABLE XIIIBENEFIT FACTORS FOR URANIUM RECOVERY LICENSES Benefit Benefit Number of Fee category 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)) .................................................... 1 190 190 100.0 Expanded In Situ Recovery facilities (2.A.(2)(c)) ............................................ 0 0 0 0 Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ............. 0 0 0 0 Total .......................................................................................................... 1 190 190 100.0 The annual fee for the remaining non- 100 percent of the budgeted resources, DOE licensee is calculated by allocating as summarized in Table XIV.

TABLE XIVANNUAL FEES FOR URANIUM RECOVERY LICENSEES (Other than DOE)

[Actual dollars]

FY 2019 FY 2020 Facility type final annual final annual (fee category) fee fee Conventional and Heap Leach mills (2.A.(2)(a)) ..................................................................................................... N/A N/A Basic In Situ Recovery facilities (2.A.(2)(b)) ........................................................................................................... $49,200 $49,200 Expanded In Situ Recovery facilities (2.A.(2)(c)) .................................................................................................... N/A N/A Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ..................................................................... N/A N/A

e. Research and Test Reactors (non- reactor licensee class, as shown in Table power reactors) XV. The FY 2019 fees are shown for The NRC will collect $0.325 million comparison purposes.

in annual fees from the research and test TABLE XVANNUAL FEE

SUMMARY

CALCULATIONS FOR RESEARCH AND TEST REACTORS

[Actual dollars]

FY 2019 FY 2020 Summary fee calculations final final Total budgeted resources ........................................................................................................................................ $834,280 $3,317,830 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥538,000 ¥3,030,000 Net 10 CFR part 171 resources .............................................................................................................................. 296,280 287,830 Allocated generic transportation .............................................................................................................................. 30,971 30,713 Fee-relief adjustment ............................................................................................................................................... 284 ¥6,183 Billing adjustments ................................................................................................................................................... 1,901 12,980 Total required annual fee recovery .................................................................................................................. 329,436 325,341 Total research and test reactors ...................................................................................................................... 4 4 Total annual fee per reactor (rounded) ............................................................................................................ 82,400 81,300 khammond on DSKJM1Z7X2PROD with RULES3 In comparison to FY 2019, the Medical Technologies, Inc. (SHINE) operating license application for a budgeted resources for the research and operating license application. medical production facility; (2) the test reactors increased primarily within The 10 CFR part 170 estimated review of Aerotest Operations, Inc.s the medical isotope production facilities billings also increased due to the request to amend its operating license to due to the submittal of the SHINE following: (1) The submittal of SHINEs possession only; and (3) reviews of the VerDate Sep<11>2014 19:52 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37260 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations National Institute of Standards and and results in an FY 2020 annual fee of g. Materials Users Technology and GE-Hitachi Nuclear $81,300 for each licensee.

Energy Americas, LLC Nuclear Test The NRC will collect $34.1 million in

f. Rare Earth annual fees from materials users Reactor license amendments for security plan reviews. The NRC has not allocated any licensed under 10 CFR parts 30, 40, and The annual fee-recovery amount is budgeted resources to this fee class; 70, as shown in Table XVI. The FY 2019 divided equally among the four research therefore, the NRC is not assessing an fees changes are shown for comparison and test reactors subject to annual fees annual fee for this fee class in FY 2020. purposes.

TABLE XVIANNUAL FEE

SUMMARY

CALCULATIONS FOR MATERIALS USERS

[Dollars in millions]

FY 2019 FY 2020 Summary fee calculations final final Total budgeted resources for licensees not regulated by Agreement States ......................................................... $36.0 $33.7 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥1.1 ¥1.0 Net 10 CFR part 171 resources ....................................................................................................................... 35.0 32.8 Allocated generic transportation .............................................................................................................................. 1.2 1.2 Fee-relief adjustment/LLW surcharge ..................................................................................................................... 0.1 0.0 Billing adjustments ................................................................................................................................................... 0.1 0.1 Total required annual fee recovery .................................................................................................................. 36.4 34.1 The formula for calculating 10 CFR due to the following: (1) The utilization costs amount is divided by the sum of part 171 annual fees for the various of prior year unobligated carryover all fee categories (inspection fee divided categories of materials users is described funding in FY 2020; (2) reductions of by inspection priority) then multiplied in detail in the work papers. Generally, regional resources for the Nuclear by the number of licensees. This the calculation results in a single annual Regulatory Apprenticeship Network calculation results in an inspection fee that includes 10 CFR part 170 costs, (formerly the Nuclear Safety multiplier of 1.48 for FY 2020. The such as amendments, renewals, Professional Development Program); (3) unique category costs are any special inspections, and other licensing actions budget estimates that are better aligned costs that the NRC has budgeted for a specific to individual fee categories. with projected workload; and (4) a specific category of licenses. Please see The total annual fee recovery of $34.1 decline in the generic transportation the work papers for more detail about million for FY 2020 shown in Table XVI costs for materials users. The decline in this classification.

consists of $26.6 million for general annual fees for materials users is offset The annual fee assessed to each costs and $7.5 million for inspection by a reduction of materials users licensee also takes into account a share costs. To equitably and fairly allocate licensees from FY 2019.

of the approximately $0.051 million fee-the $34.1 million required to be A constant multiplier is established to relief credit assessment allocated to the collected among approximately 2,500 recover the total general costs (including diverse materials users licensees, the allocated generic transportation costs) of materials users fee class (see Table IV, NRC continues to calculate the annual $26.6 million. To derive the constant Allocation of Fee-Relief Adjustment fees for each fee category within this multiplier, the general cost amount is and LLW Surcharge, FY 2020, in class based on the 10 CFR part 170 divided by the sum of all fee categories Section IV, Discussion, of this application fees and estimated (application fee plus the inspection fee document), and for certain categories of inspection costs for each fee category. divided by inspection priority) then these licensees, a share of the Because the application fees and multiplied by the number of licensees. approximately $0.089 million in LLW inspection costs are indicative of the This calculation results in a constant surcharge costs allocated to the fee complexity of the materials license, this multiplier of 1.27 for FY 2020. The class. The annual fee for each fee approach provides a proxy for allocating average inspection cost is the average category is shown in the revision to the generic and other regulatory costs to inspection hours for each fee category § 171.16(d).

the diverse fee categories. This fee- multiplied by the professional hourly h. Transportation calculation method also considers the rate of $279. The inspection priority is inspection frequency (priority), which is the interval between routine The NRC will collect $1.0 million in indicative of the safety risk and inspections, expressed in years. The annual fees to recover generic resulting regulatory costs associated inspection multiplier is established in transportation budgeted resources in FY with the categories of licenses. order to recover the $7.5 million in 2020, as shown in Table XVII. The FY The NRC will decrease annual fees for inspection costs. To derive the 2019 fees are shown for comparison licensees in this fee class in FY 2020 inspection multiplier, the inspection purposes.

TABLE XVIIANNUAL FEE

SUMMARY

CALCULATIONS FOR TRANSPORTATION khammond on DSKJM1Z7X2PROD with RULES3

[Dollars in millions]

FY 2019 FY 2020 Summary fee calculations final final Total Budgeted Resources ...................................................................................................................................... $8.0 $7.2 VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37261 TABLE XVIIANNUAL FEE

SUMMARY

CALCULATIONS FOR TRANSPORTATIONContinued

[Dollars in millions]

FY 2019 FY 2020 Summary fee calculations final final Less Estimated 10 CFR part 170 Receipts ............................................................................................................. ¥3.7 ¥2.8 Net 10 CFR part 171 Resources ..................................................................................................................... 4.3 4.4 Less Generic Transportation Resources ................................................................................................................. ¥3.3 ¥3.4 Fee-relief adjustment/LLW surcharge ..................................................................................................................... 0.0 0.0 Billing adjustments ................................................................................................................................................... 0.0 0.0 Total required annual fee recovery .................................................................................................................. 1.0 1.0 In comparison to FY 2019, the total Consistent with the policy established in Table XVIII. Note that for the research budgeted resources for generic in the NRCs FY 2006 final fee rule (71 and test reactors fee class, the NRC transportation activities decreased due FR 30721; May 30, 2006), the NRC allocates the distribution to only those to the following: (1) The utilization of recovers generic transportation costs licensees that are subject to annual fees.

prior year unobligated carryover unrelated to DOE by including those Although four CoCs benefit the entire funding; (2) a reduction in FTE due to costs in the annual fees for licensee fee research and test reactor class, only 4 decreases in maintenance work classes. The NRC continues to assess a out of 31 research and test reactors are associated with the Storage and separate annual fee under § 171.16, fee subject to annual fees. Consequently, Transportation Information category 18.A., for DOE transportation the number of CoCs used to determine Management System; and (3) the decline activities. The amount of the allocated the proportion of generic transportation in DOEs percentage of total CoCs as a generic resources is calculated by resources allocated annual fees for the result of two new CoCs benefitting other multiplying the percentage of total CoCs research and test reactors fee class has fee classes. The 10 CFR part 170 used by each fee class (and DOE) by the estimated billings decreased primarily been adjusted to 0.7 so these licensees total generic transportation resources to due to the issuance of CoCs for NAC are charged a fair and equitable portion be recovered.

International, Inc. and Industrial This resource distribution to the of the total fees. For more information, Nuclear Company, LLC in FY 2019. licensee fee classes and DOE is shown see the work papers.

TABLE XVIIIDISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2020

[Dollars in millions]

Number of Allocated CoCs Percentage generic Licensee fee class/DOE benefiting of total transportation fee class or CoCs resources DOE Materials Users ............................................................................................................................ 25.0 27.3 1.2 Operating Power Reactors .......................................................................................................... 5.0 5.5 0.2 Spent Fuel Storage/Reactor Decommissioning .......................................................................... 16.0 17.5 0.8 Research and Test Reactors ....................................................................................................... 0.7 0.7 0.0 Fuel Facilities ............................................................................................................................... 24.0 26.2 1.2 Sub-Total of Generic Transportation Resources ................................................................. 70.7 77.1 3.4 DOE ............................................................................................................................................. 21.0 22.9 1.0 Total ...................................................................................................................................... 91.7 100.0 4.4 The NRC assesses an annual fee to Removing the Fee Exceptions in contain parallel language stating that the DOE based on the 10 CFR part 71 CoCs § 170.21, Footnote 1 and § 170.31, NRC will not charge fees under 10 CFR it holds. The NRC, therefore, does not Footnote 2 part 170 for orders related to civil allocate these DOE-related resources to penalties or other civil sanctions issued other licensees annual fees because The NRC is eliminating the fee by the Commission under § 2.202 or for these resources specifically support exceptions set forth in footnote 1 to amendments resulting specifically from DOE. § 170.21 Schedule of Fees for the requirements of these orders.

Production and Utilization Facilities, Currently, footnote 1 to § 170.21 and FY 2020Policy Changes Review of Standard Referenced Design footnote 2 to § 170.31 provide an khammond on DSKJM1Z7X2PROD with RULES3 Approvals, Special Projects, exception to the general rule that the The NRC is making two policy Inspections, and Import and Export NRC recovers review and inspection changes for FY 2020: Licenses, and footnote 2 to § 170.31, costs through fees assessed to Schedule of Fees for Materials Licenses individuals under 10 CFR part 170. The and Other Regulatory Services, current language excludes the following Including Inspections, and Import and activities from 10 CFR part 170 fees if Export Licenses. These footnotes an order relates to a civil penalty or VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37262 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations other sanction: (1) Subsequent NRC who derive a direct benefit from the assessment of annual fees for 10 CFR inspection or review work to ensure agencys services. part 52 COL holders commences upon compliance with the terms of the order, Even if an order related to a civil successful completion of power and (2) subsequent NRC review costs if penalty or civil sanction has some ascension testing, rather than after the the order requires the licensee to seek a public benefit, the services the NRC Commission makes a finding under license amendment. The current provides in connection with the order, § 52.103(g). This approach will also language also states, however, that such as inspections and document- apply this approach to future 10 CFR where an order is unrelated to civil review activities, primarily benefit a part 50 power reactor licensees.

penalties or other civil sanctions, the specific licensee. These services Currently, § 171.15 requires a 10 CFR NRC will follow its normal practice of primarily benefit the licensee because part 52 COL holder to begin paying the assessing fees under 10 CFR part 170. they enable the licensee to maintain its annual fee once the Commission finds The language in these footnotes comes NRC license in good standing and under § 52.103(g) that all acceptance from the NRCs FY 2005 fee rule (70 FR continue to operate its facility. criteria in the COL are met. Similarly, 30526; May 26, 2005). Before 2005, the Furthermore, regardless of whether the 10 CFR part 50 licensees begin paying NRC excluded work in connection with NRC issues an order in a safety, annual fees upon issuance of an all orders from 10 CFR part 170 fees. In security, or enforcement context, the operating license. The timing of annual the FY 2005 fee rule, the NRC amended NRCs follow-up services related to the fees reflects the NRCs historical the footnotes to narrow the exceptions orderinspections, document review position that a nuclear power reactor to just those orders that relate to civil and analysis, and other services licensee receives the benefits of its penalties or civil sanctions. The NRC benefit the licensee by contributing to license, and thus should begin paying made this change because, after public confidence in the safe operation annual fees, when the NRC authorizes September 11, 2001, it had imposed of the licensees facility. Charging 10 the licensee to use nuclear materials additional security requirements on CFR part 170 fees for services related to (i.e., begin operating the reactor).

multiple licensees through orders. As a all orders is therefore most consistent The NRC is firmly committed to the with the NRCs obligations under the application of fairness and equity in the result of these orders, the NRC governing fee-recovery statutes and assessment of fees to licensees. The NRC performed extensive follow-up activities OMB Circular A-25. Transferring the recognizes that, subsequent to the that, because of the pre-existing broad cost of these services to other members § 52.103(g) finding for 10 CFR part 52 exceptions in footnotes 1 and 2, were of a licensees fee class, on the other COL holders, and issuance of the exempt from 10 CFR part 170 fees.

hand, could therefore be viewed as operating license for 10 CFR part 50 Because these activities were exempt unfair and inconsistent with the power reactor licensees, fuel must be from 10 CFR part 170 fees, the NRC governing fee-recovery statutes and loaded, and power ascension testing recovered the associated costs through OMB Circular A-25. must be completed to provide assurance annual fees under 10 CFR part 171, even Accordingly, in this final rule, the that the facility is fully operational. As though the work benefited specific NRC is removing the fee exceptions (i.e., part of this process, 10 CFR part 52 COL licensees (70 FR 30528-30535; May 26, the first two sentences) from § 170.21, holders must provide written 2005). footnote 1 and § 170.31, footnote 2. notification to the NRC that successful Through the FY 2005 fee rule, the Removing the exceptions promotes power ascension testing is completed.

NRC attempted to allocate costs more fairness and equity in the NRCs fees This notification is the trigger that fairly by ensuring that the beneficiaries rules, consistent with the IOAA, ensures enables operation at a steady-state of its review and inspection services that licensees who receive special reactor core power level equal to 100 associated with orders of the type issued benefits in the form of NRC services pay percent of reactor thermal power as after September 11, 2001, paid for those for those services, consistent with OMB defined in the facilitys final safety services through 10 CFR part 170 fees. Circular A-25. Removing the exceptions analysis report.

At the same time, the NRC retained an also simplifies the NRCs fee schedules. As a result, the NRC recognizes that exception for orders that relate to a civil If there are circumstances in which it would be more fair and equitable to penalty or civil sanction. The NRC also charging 10 CFR part 170 fees for change the timing of when annual fees explained in the FY 2005 fee rule that follow-up activities related to an order commence for 10 CFR part 52 licensees it was maintaining its longstanding would be unfair, the NRC retains the from when the Commission issues a policy of not charging 10 CFR part 170 ability under § 170.11 to grant a fee § 52.103(g) finding to a time that aligns fees for the preparation of any order. exemption for those services, either on more closely with the licensees facility The costs associated with preparing an its own initiative or upon request. becoming fully operational. For that order would continue to be recovered Removing the fee exceptions will not, reason, the NRC will defer charging through annual fees under 10 CFR part however, change the NRCs annual fees until after the licensees 171. longstanding policy regarding the start-up and initial-testing phase. The The authority for assessing the 10 CFR recovery of costs associated with NRC will begin charging annual fees part 171 fees comes from the same preparing an order. Consistent with this only after the licensee has notified the statute that provides the authority for policy, such costs will continue to be NRC in writing that it has successfully the NRCs 10 CFR part 170 fee schedule. recovered through annual fees under 10 completed power ascension testing. For The IOAA requires that the NRC assess CFR part 171. similar reasons, the NRC is also fees fairly and equitably, and it applying this change to 10 CFR part 50 authorizes the NRC to collect fees Amending § 171.15 Regarding the power reactor licensees.

khammond on DSKJM1Z7X2PROD with RULES3 whenever the agency provides a Assessment of Annual Fees for 10 CFR Because only current 10 CFR part 52 service or thing of value to a recipient. Part 52 Combined License Holders and COLs contain a standard license In addition, OBRA-90 (or, in future Future 10 CFR Part 50 Power Reactor condition that requires written fiscal years, NEIMA) and Office of Licensees notification be submitted to the NRC Management and Budget (OMB) Based on its review of PRM-171-1 upon successful completion of power Circular A-25, User Charges, require and the public comments, the NRC is ascension testing, the NRC will consider that the NRC recover fees from persons amending § 171.15(a) so that the adding a similar license condition to VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37263 future 10 CFR part 50 operating licenses Update on the Fees Transformation currently has 111 licensees with 381 and 10 CFR part 52 COLs to ensure that Initiative dockets enrolled. Outreach to additional they promptly notify the NRC of In the Staff Requirements licensees will continue throughout FY successful completion of power Memorandum, dated October 19, 2016, 2020 in order to increase enrollment ascension testing. Upon successful (ADAMS Accession No. ML16293A902) and ensure awareness.

completion of testing and the required for SECY-16-0097, Fee Setting Finally, in order to obtain sufficient notification to the NRC, the power Improvements and Fiscal Year 2017 information to update the NRCs small reactor would be fully operational. The Proposed Fee Rule, (ADAMS business size standard in § 2.810, the annual fee assessment for 10 CFR part Accession No. ML16194A365), the NRC conducted a financial survey of 50 power reactor licensees and 10 CFR Commission directed staff to explore, as materials licensees to determine part 52 COL holders would therefore a voluntary pilot, whether the NRC whether changes to the size standards begin on the date of the licensees could establish a flat fee structure for are needed. The NRC published a written notification of successful routine licensing matters in the area of document in the Federal Register (85 completion of power ascension testing. uranium recovery, and to accelerate the FR 6225; February 4, 2020) announcing Accordingly, the NRC is amending process improvements for setting fees, the survey, and requested response by

§ 171.15(a) so that annual fees including the transition to an electronic due date of April 30, 2020. The survey commence not upon issuance of the billing system. In addition, the results will be analyzed to determine if operating license for 10 CFR part 50 Commission also directed the staff to changes are needed to the current power reactors and issuance of the begin the fees transformation activities nuclear industry-specific size standards

§ 52.103(g) finding for 10 CFR part 52 listed in SECY-16-0097 as Process in § 2.810.

COL holders, but upon written Changes Recommended for Future For more information, please see our notification to the NRC of successful ConsiderationFY 2018 and Beyond, fees transformation accomplishments completion of power ascension testing which includes one remaining item to schedule, located on our license fees and making conforming changes to complete regarding the rulemaking to website at: https://www.nrc.gov/about-

§ 171.3, Scope, and § 171.17, update the NRCs small business size nrc/regulatory/licensing/fees-Proration. The NRC finds this rule standards in § 2.810, NRC Size transformation-accomplishments.html.

change amendment to be reasonable, Standards.

fair, and equitable, and supported by the With respect to the uranium recovery IV. Public Comment Analysis public comments the NRC received on flat fee pilot initiative, the NRC Overview of Public Comments PRM-171-1 and on the proposed rule. explored the feasibility of establishing a Finally, the NRC will consider flat fee structure for routine licensing The NRC published a proposed rule expanding this approach to other 10 matters and inspection activities. The on February 18, 2020 (85 FR 9328) and CFR part 50 licensees in a future NRC provided a report to Congress on requested public comment on its rulemaking. January 9, 2020, describing the results of proposed revisions to 10 CFR parts 170 the pilot initiative and the decision to and 171. By the close of the comment FY 2020Administrative Change period, the NRC received eight written maintain the current NRC fee billing The NRC is making one structure for 10 CFR part 170 fees for comment submissions on the FY 2020 administrative change: service for uranium recovery licensing proposed rule. In general, the Add a footnote to the table in matters. For more information, the commenters were supportive of the

§ 171.16(d) for additional clarity. report to Congress can be found at specific proposed regulatory changes.

The NRC is adding a footnote to the ADAMS Accession No. ML20010D684. Some commenters expressed concerns table in § 171.16(d) to clarify that With respect to the NRCs transition about broader fee-policy issues related licensees that are subject to annual fees to an electronic billing system (eBilling), to transparency, the overall size of the under fee categories 4.A., 4.B. or 4.C. are eBilling went live with a phased budget, fairness of fees, and budget not subject to annual fees under 3.N. for implementation on October 1, 2019, formulation.

waste disposal services authorized on which included 9 licensees with 65 The commenters are listed in Table the same license. dockets. As of May 12, 2020, eBilling XIX.

TABLE XIXFY 2020 PROPOSED FEE RULE COMMENTER SUBMISSIONS ADAMS Commenter Affiliation accession No.

David Shafer ............................................. U.S. Department of Energy (DOE) ............................................................................ ML20056F131 Jeffrey Fulks ............................................. Honeywell InternationalMetropolis Works (MTW) ................................................. ML20073J763 Jennifer Uhle ............................................ NEI ............................................................................................................................. ML20077K338 Matthew Ostdiek ....................................... Rendezvous Engineering, P.C. (RE) ......................................................................... ML20077M622 Fred Schuman .......................................... Mid River Asphalt, Inc ............................................................................................... ML20083K042 Camilla Zozula .......................................... Westinghouse Electric Company (WEC) .................................................................. ML20083K046 Cheryl Gayheart ....................................... Southern Nuclear Operating Company (SNC) .......................................................... ML20083K048 Bradley Fewell .......................................... Exelon Generation Company (Exelon) ...................................................................... ML20084K871 khammond on DSKJM1Z7X2PROD with RULES3 Information about obtaining the V. Public Comments and NRC multiple commenters raising similar complete text of the comment Responses specific concerns were combined to submissions is available in Section XIV, The NRC has carefully considered the capture the common essential issues Availability of Documents, of this public comments received on the raised by the commenters. Comments document. proposed rule. The comments have been from a single commenter have been organized by topic. Comments from quoted to ensure accuracy; brackets VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37264 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations within those comments are used to No changes were made to the final industry in an open and transparent show changes that have been made to rule as a result of this comment. fashion regarding the prioritization of the quoted comments. The NRC Comment: Related to the use of annual fee expenditures and the responses are preceded by a short carryover funds, the $40M amount is utilization of indirect resources. (NEI summary of the issues raised by the very large by historical standards, the and WEC) commenters. FY2019 carryover was $20M. Again, Response: The NRC seeks information referencing the business line carryover from licensees and other entities A. Budget Formulation utilization provided in the March 5 relevant to projected workload, through Comment: The NRC staff provided a briefing, $13M, approximately one third public meetings and other forms of very thorough public briefing about the of carryover funding was used to defray public outreach, to better inform NRCs proposed fee rule on March 5, 2020, corporate support costs. NRC has budget formulation workload including the business line budget struggled to contain corporate support assumptions. However, the NRC is an utilization of the $40M in carryover costs and is required under NEIMA to independent safety regulator, and it funds. Approximately 50 [percent] of reduce these costs to less than 30 would not be appropriate for regulated the carryover funding was utilized in [percent], to the maximum extent entities, non-government organizations, the Operating and New Reactor business practicable. Exelon is concerned that and members of the public to be lines, consistent with the business line without continued use of carryover involved in the NRCs budget budgeting information provided in the funds in future years, corporate support formulation. In addition, OMB briefing. However, the fee class budget will drive licensee fees higher, with establishes the Executive Branch budget distribution provided in the briefing uncertain safety benefit. We request that process through OMB Circular No. A-shows 86 [percent] of the fee/receipt the work papers address the potential 11, Preparation, Submission, and recoverable budget is allocated to Power for increased industry fees to cover NRC Execution of the Budget. Section 22.1 Reactors. The Federal Register corporate support. (Exelon) of OMB Circular No. A-11 requires that publication of the proposed fee rule Response: The agency remains pre-decisional budget deliberations notes that the $40M in carryover results focused on innovative strategies that remain confidential until the release of in reduced fees to licensees. In light of result in savings, while not jeopardizing the CBJ.

the corporate activities necessary to No changes were made to this final the NRCs distribution of its fee-accomplish the agencys mission. The rule as a result of these comments.

recoverable appropriation, how did the NRC has made significant progress in NRC determine the percentage of C. Work Papers reducing corporate support in recent carryover that would be applied to Comment: In prior year comments, years. When compared to the FY 2014 reduce operating reactor fees? (Exelon) we have identified a lack of enacted budget, the FY 2021 budget Response: One commenter requested request for corporate support represents transparency in the basis for the budget that the NRC explain its process to a decrease of $74.7 million, or as an area of concern. We acknowledge determine the percentage of carryover approximately 22 percent. It should be that several steps have been taken to that was applied to reduce the operating noted that the NRCs annual fee rule and improve both the types and clarity of power reactors fees. There is not a supporting work papers are published information provided in the fee rule separate process to determine the so that the public and licensees can work papers and Congressional Budget percentage of carryover that would be understand how fees are calculated Justification. There has been a marked applied to reduce the fee classes based on the budget authority enacted improvement in the level of detail budgeted resources. When determining for the current fiscal year, not future provided to stakeholders on the NRC how to allocate the $40.0 million in fiscal years. The FY 2021 Congressional budget, however, we urge that carryover funds based on Congressional Budget Justification (CBJ), alternatively, additional steps be taken. In particular, direction, the NRC used its provides the agencys explanation and we believe that additional detail should appropriation funding categoriesor justification for the resources being be provided on budgeted work control pointsand allocated the requested for the next fiscal year to activities, including a level of planned carryover funds to appropropriate allow the agency to complete its effort for each activity, how this level funding categories relative to the mission, the CBJ provides the reasoning compares with the prior year, and the percentages of total enacted funding. for changes in the agency resource rationale for the change. Such detail This allocation was performed without requests, and is the appropriate source would enable licensees to better distinguishing the specific fee classes for the agencys explanation and evaluate and understand significant during this process. The fee class justification for the Corporate Support budget changes. Additional information distribution is determined as part of the budget. The NRCs goal is to provide should be provided to enable a better normal fee allocation process after transparency in the fee rule and work understanding of which actions are budget allocations are determined. papers between fees at the final recovered through service fees and During the March 5, 2020, public appropriated budget requirements. which actions are recovered through meeting, the NRC discussed the No changes were made to the final annual fees. We also believe that allocation process and demonstrated the rule as a result of this comment. stakeholders would benefit greatly from reconciliation of the FY 2020 business an expansion on the narrative line budgets to the specific fee classes. B. Public Participation in Budget discussion in the fee rule work paper To increase transparency, NRC has Formulation explaining significant increases/

included these reconciliations in the Comment: Two commenters decreases in product line budget items.

khammond on DSKJM1Z7X2PROD with RULES3 work papers for this final rule. In expressed a desire for industry to be (NEI) addition, the work papers include a involved with the NRC directly during Response: The fee rule and its chart, illustrating the utilization of the development of the NRCs budget to supporting work papers, are published carryover funding in FY 2019 and FY better determine the sufficiency of the so the public and licensees can 2020 by business line and the budget and to accurately determine the understand how fees are determined for subsequent allocations for the necessary annual fees. They emphasized a fee class and a fee category. Consistent development of the fee rule. the need for the NRC staff to work with with requirements of OBRA-90, license VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37265 fees are calculated by business lines, changes in budgetary resources, changes fee rule and work papers between fees product lines, and products based on to 10 CFR part 170 estimated billings, at the final appropriated budget the budget authority enacted for the and the impact on annual fees. The requirements. The fee rule and the current fiscal year. The NRC provides budgetary resources by each fee class by supporting work papers are published those business lines, product lines, and business line, product line, and product in order for the public and licensees to products in the fee rule work papers. in the work papers, which show the understand how fees are determined for The CBJ provides the agency specific fee class budget increases and a fee class and a fee category.

explanation and justification for the decreases. For example, in the FY 2020 With respect to the commenters resources being requested for the budget proposed fee rule the operating power request to expand the fee rule work year, including increases and decreases, reactors fee class displayed numerous papers to provide additional and the reason for changes in the agency activities within the licensing and information on all research activities budget request as compared to the prior oversight product lines (i.e., delayed with the specific goal of the research, year, at the business line and product construction and operating license expected completion date, safety issue line levels; it also includes the prior application review activities), that to be resolved by the research, and year actual amounts at the business line affected the fee class budget and caused whether it is related to specific licensing and product line levels. it to decline from the previous year. To actions, the NRC does not believe such The commenter is correct that the increase transparency, the NRC a change to the fee rule work papers is work papers currently do not incorporated a reconciliation of the FY necessary. The CBJ, which serves a distinguish by specific budget line items 2020 CBJ resources by business line to different purpose than the fee rule work which fees are recovered through user the associated fee class in the FY 2020 papers, provides the overview of the and annual fees. The fee rule work proposed fee rule work papers. For the specific research activities being papers do not draw this distinction first time, stakeholders can trace the CBJ conducted by the NRC during FY 2020.

because it has been impractical for the business line budgets to the resources Some examples of NRC research NRC to determine in advance what recovered within each fee class budget activities discussed in the CBJ include precise percentage of fees for a given by product line. but are not limited to: Seismic and business line will be recovered through No changes were made to this final structural stability; probabilistic risk 10 CFR part 170 user fees versus 10 CFR rule as a result of this comment. assessment; digital instrumentation and part 171 annual fees. With respect to 10 Comment: The work papers controls and electrical systems; accident CFR part 170 user fees, the NRC staff supporting the FY2020 proposed rule tolerant fuel; fuel performance research; time spent on licensing and inspection show a detailed breakdown of the and materials performance. Additional actions is subject to change, depending products and product lines included in information on the regulatory research on the novelty and complexity of the the calculation of the Part 171 Operating program, including NUREG-1925, license application under review or the Power Reactors annual per-reactor fee, Revision 4, Research Activities FY facility being inspected. Similarly, with including significant amounts for 2018-FY 2020, and the FY 2020-22 respect to 10 CFR part 171 annual fees, various research activities. Research for Planned Research Activities, are the nature of the generic research, Operating Reactors is shown as $24M in available on the NRCs public website at safety, environmental, or safeguards contract dollars, and 128 FTEs. While https://www.nrc.gov/about-nrc/

activities also may vary considerably, some research appears explainable for regulatory/research.html. Additional given changes in Commission priorities, the existing fleet of reactors, e.g., Aging information regarding the costs external events, interactions with & Materials, other descriptors are more associated with research can be derived Agreement States, other Federal cryptic, e.g., Engineering Research, by comparing the work papers from the agencies, state, local and tribal Systems Analysis, or Risk Analysis proposed fee rule to the final fee rule, governments, the regulated industry, ($16M contract dollars budgeted for which would allow the impact and members of the public. these three.) And others that might associated with budget changes, The NRC notes that the CBJ includes appear applicable, e.g., Digital I&C including the use of carryover, to be a statement in each business line have no resources budgeted. It would be identified between fiscal years. Work chapter to indicate which product lines helpful to have in the work papers, papers for the proposed and final fee impact fees for services versus annual perhaps as a separate paragraph or table rules for the last several years can be fees. For all the business lines, except in the Operating Power Reactors section, readily accessed at https://www.nrc.gov/

for the nuclear materials users business a brief description of the major efforts about-nrc/regulatory/licensing/

line, typically resources budgeted in the for each research Product, the goal of fees.html.

Licensing and Oversight Product Lines the research, expected completion date, No changes were made to this final typically affect fees for services, and all safety issue to be resolved by the rule as a result of this comment.

other resources affect annual fees. For research, whether related to specific Comment: As Exelon has noted in the nuclear materials users business licensing actions, etc., so that Licensees reviewing proposed fee rules for prior line, almost all budgeted resources and the public have confidence that years, this trade-off between Part 170 impact annual fees. The NRC is these research dollars are being used to and Part 171 fees divorces the reactor planning for the implementation of directly support the NRC mission. fee from any actual health and safety NEIMA in FY 2021 and is considering (Exelon) benefit to be achieved via the Part 171 adding additional detail in the fee rule Response: The commenter is fee collection. That is, an increase in and associated work papers to enhance requesting additional detail in the work per-reactor fee does not necessarily the transparency of how fees are papers in order to better understand the mean greater NRC focus is needed to khammond on DSKJM1Z7X2PROD with RULES3 determined. specific budgeted research efforts. The ensure safety. Exelon notes that under The NRC disagrees with the comment CBJ is the appropriate source for the [NEIMA], the reactor fee is limited to recommending that NRC expand the agencys explanation and justification the maximum extent practicable.

narrative to explain the significant for the agencys research budget, not the Exelon recommends that the work increases and decreases. The NRC has fee rule, which implements the final papers address this aspect of the fees so provided improved and detailed results of the budget process. The NRCs that safety benefit derived from explanation in the fee rule of the goal is to provide transparency in the increased Part 171 fees can be better VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37266 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations understood. If the fee reflects only the understand how fees are calculated reactor licensees, application delays and budgeting process and not any change based on the budget authority enacted withdrawals, reduced license in the need for NRC oversight, that for the current fiscal year and not future amendments, efficiencies gained in clarity would also be useful for the fiscal years. The FY 2021 CBJ, which office mergers, and long-term project industry in prioritizing resource serves a different purpose than the fee completions.

allocations. (Exelon) rule work papers, provides the agencys Over this same period, the 10 CFR Response: The NRCs annual budget explanation and justification for the part 170 estimated billings for the request reflects the agencys continued resources being requested for the next operating power reactors fee class have commitment to protecting public health fiscal year to allow the agency to declined from $303.8 million in FY and safety and ensuring the long-term complete its mission, and it provides 2013 to $186.7 million in FY 2020, safety and security of nuclear power the reasoning for changes in the agency which represents a decline of $117.1 facilities and nuclear materials, which resource requests. The NRC is planning million or 38.5 percent. These changes includes mission-direct, mission- for the implementation of NEIMA in FY in the budgetary resources and the 10 indirect, and agency-support resources, 2021, and strives to enhance CFR part 170 estimated billings, as well as resources that are excluded transparency for the annual fee rule and ultimately adjust the amount of fee from the NRCs fee recoverable budget. supporting work papers each year. recoverable resources that is required to Beginning in FY 2021, the NRC will No changes were made to this final be collected through 10 CFR part 171 be required to collect 100 percent of its rule as a result of this comment. annual fees. As compared to FY 2013, annual budget authority (less certain the operating power reactors fee class excluded items), to the maximum extent D. Operating Reactors Decline in the Budget and 10 CFR Part 170 Estimated annual fee has increased from $424.2 practicable. Additionally, in accordance million in FY 2013 to $439.0 million in with Section 102(b)(3)(B)(i) of NEIMA, Billings FY 2020, which represents an increase the operating power reactors fee class Comment: Several commenters of $14.8 million or 3.5 percent.

annual fee, to the maximum extent expressed concern regarding the declining fraction of fees recovered With respect to enhancing practicable, shall not exceed the under 10 CFR part 170 (service fees) transparency, the NRC continues to operating power reactor annual fee relative to 10 CFR part 171 (annual review its budget and will pursue amount established in the FY 2015 final fees), as well as the NRCs overall additional efficiency improvements to fee rule, adjusted for inflation. On its budget for the operating power reactors ensure that its budgetary request own initiative, the NRC included an fee class. The commenters noted that accurately reflects the anticipated estimate of the operating power reactors annual fee in Appendix C, Estimated these fees were being borne by a workload. The NRC considers projected Operating Power Reactors Annual Fee, decreasing number of facilities with a operating power plant closures and of the FY 2021 CBJ, with the intent to decreasing number of licensing actions other external factors when estimating increase transparency. The NRC and completion of NRC reviews and workload changes in a manner that developed this estimate based on the certifications. The commenters noted allows the agency to meet its statutory NRC staffs allocation of the FY 2021 that the high percentage of activities responsibilities as the industry changes.

budget request to fee collections under covered by annual fees places an However, a reduction in the budget is 10 CFR part 170, and allocations within increased importance on transparency not linearly proportional as there is a the operating power reactors fee class of indirect services covered under 10 cost for the infrastructure that must be under 10 CFR part 171. In addition, the CFR part 171 fees, and they encourage maintained independent of the number estimated annual fee assumes 93 a continued focus on enhancing of operating power reactors in the fleet.

operating power reactors in FY 2021 transparency. (NEI and Exelon) The implementation of NEIMA in FY and applies various data assumptions Response: The relationship between 2021, will include a cap on annual fees from the FY 2019 final fee rule. 10 CFR part 170 (service fees) relative to for operating reactors; the NRC Collectively, these actions help mitigate 10 CFR part 171 (annual fees) is continues to evaluate resource impacts on the remaining licensees from workload driven. The activities covered requirements and adjustments that can licensees that leave a fee class by by 10 CFR part 171 annual fees are be made to refine the operating power helping the NRC continue to develop necessary for NRC to accomplish its reactors budget. Finally, the NRC budgets that account for regulating a fee safety mission as described and justified remains committed to providing class with a declining number of in the CBJ. The amount of user fees enhanced transparency throughout the licensees. Though the FY 2021 collected under 10 CFR part 170 development of the annual fee rule and estimated operating power reactor fee depends on a number of different factors supporting work papers.

class annual fee is included in the FY including the professional hourly rate, No changes were made to this final 2021 CBJ, it is subject to changes in licensee and applicant decisions to rule as a result of these comments.

those data assumptions as the NRC will pursue licensing actions, and the E. Fairness of Fees conduct an annual rulemaking for FY number of hours necessary to resolve 2021 fees by publishing a proposed and any licensing actions. Due to OBRA-90 Comment: The work papers also final rule in order to assess fees. Fee requirements, examining changes in the show that approximately 17% of the rule estimates during budget 10 CFR part 170 fees and the 10 CFR Nuclear Reactor Safety program budget formulation are subject to the changes part 171 fees separately may not account used in determining the annual that will occur in the two-year interval for the overall decreases in the fee class Operating Reactor fee comes from the between formulation and final budget or the realized efficiencies. Over New Reactors product line. Exelon khammond on DSKJM1Z7X2PROD with RULES3 appropriation impacting the fee rule. the last seven years, the fee class budget suggests that the new reactor budget be The commenter is correct that the for operating power reactors has broken out separately, to be paid by NRCs FY 2020 work papers do not decreased from $734.7 million in FY those entities pursuing new reactors.

include the allocation of the FY 2021 2013 to $623.9 million in FY 2020. This Alternately, the work papers should budget. The NRCs fee rule and represents a reduction of $110.8 million, clarify in some detail how new reactor supporting work papers are published or 15 percent as a result of the spending benefits the operating reactor in order for the public and licensees to decreasing number of nuclear power fleet. (Exelon)

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Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37267 Response: The NRC disagrees with the a stable and efficient regulatory regime position for FY 2020 and will need to proposed recommendation. To the for license renewal indirectly benefits be reassessed on an annual basis.

extent that the NRCs reactor safety all existing power plants even if an Regulatory oversight of processing work directly benefits a licensee or existing power reactor has no immediate operations have been curtailed while applicant, the NRC then assesses 10 CFR plans to seek license renewal. The same the operations are shut down. Therefore, part 170 user fees upon that licensee or is true for new reactor licensing the safety and safeguards factors for applicant. As a result, existing operating activities. Liquid UF6 processing at Uranium reactor licensees are not paying any fees Ultimately, identification of fee Conversion facilities in the effort for new reactor work that directly classes is a matter of drawing practical factors matrix have been reduced from benefits an entity engaged in new distinctions. By virtue of being a generic 5 to 0 to reflect the curtailed regulatory reactor activities. As for the portion of activity without a specific, concrete oversight of these processes.

the new reactor work that is not beneficiary, all the activities that fall in the 10 CFR part 171 annual fee category G. Fuel Facilities Fee Class collected through 10 CFR part 170 user fees, OBRA-90, as amended, requires could be theoretically parsed into an Comment: We note that annual fees that the NRC allocate the costs for this almost infinite amount of fee classes. for Category I Fuel Cycle Facilities work fairly and equitably. Because the For example, if the NRC were to base (listed under Category High-Enriched NRCs generic new reactor activities fees on distinctions such as whether Uranium Fuel) still exceed operating yield indirect benefits for existing generic work benefited boiling-water power reactor fees by roughly half a operating reactor licensees, the NRCs reactors versus pressurized-water million dollars ($4.9M vs. $4.5M, current system of allocating all reactors or coastal versus inland respectively). We continue to encourage operating reactor costs to existing reactors, the exercise would result in the NRC to adjust the Category I Fuel licensees satisfies OBRA-90s distinctions that are both artificial and Cycle Facility regulatory effort, and in requirements. unduly burdensome from an turn fees, to be commensurate with the While there are generic activities that administrative and recordkeeping facility risk profile. (NEI) may preferentially benefit new reactor standpoint. Therefore, the NRCs Response: The resources budgeted for vendors or licensees, there are activities decision to draw the fee class line in a each business line reflect the regulatory that appear to be focused on new way that encompasses generic new effort. In this final rule the total required reactors but have a direct benefit to the reactor work satisfies OBRA-90s annual fee recovery for the operating operating power reactor licensees. For requirement that costs be allocated power reactor business line is $439.0 example, if an existing licensee sought fairly and that, [t]o the maximum million, and the total annual fee to obtain NRC approval for a design extent practicable, the charges shall recovery for the fuel facility business change to a safety significant structure have a reasonable relationship to the line is $18.0 million. The lower amount at an operating plant, then the NRC may cost of providing regulatory services. is commensurate with the lower risk at use guidance that was developed for No change was made to this final rule fuel facilities. This amount must be new reactor applications to analyze the in response to this comment. recovered from the 7 existing fuel design change. One example is the facilities in the business line. For the F. Fuel Facilities Matrix Category I fuel facilities, the processes vendor quality assurance inspection program that develops and maintains Comment: The Metropolis facility in the matrix are surrogates for the the infrastructure for vendor inspections has been secured in an idle state due to actual processes because the actual and quality assurance reviews market conditions. The idle state processes are classified.

supporting both new and operating conditions prohibits the production or No changes were made to this final reactors. While inspections and the creation of liquid UF6 per rule because of this comment.

allegations specific to operating reactors Honeywell Request for Relaxation Comment: Two commenters are funded by operating reactors, many Security Order dated April 30, 2018. welcomed the reductions in the fuel of the vendor inspections and The NRC approved the request for facilities fee class budgetary resources allegations funded by the new reactor Relaxation of Security Order in a letter and annual fees in FY 2020, but felt that program are at vendors that also supply dated March 11, 2019, due to the it is imperative that the OCFO staff take parts for operating reactors. Moreover, removal of UF6 from the process into consideration the Office of Nuclear entities holding licenses for currently equipment. NRC recently acknowledged Materials Safety and Safeguards operating reactors may also be, either an 80% reduction in inspection effort (NMSS) ongoing Fuel Cycle Smarter now or in the future, applicants for new due to the idle condition as stated in the Program initiative, which will likely nuclear power plant licenses. Finally, NRC Inspection Report 4-339/2020-005 identify further reductions in FY 2021 all power plant licensees indirectly Honeywell Metropolis Works License fee-billable inspection hours. For benefit from rulemaking or other generic Performance Review dated March 2, planning purposes, a commensurate activities that enhance and develop the 2020. In the current idle state, MTW business line reduction in FY 2021 new reactor licensing framework will not have liquid UF6 on site, or should closely reflect any final Smarter because these generic activities help to implement safeguards related to liquid Programs inspection decisions (final establish and maintain the regulatory UF6. Therefore, MTW asks that the reports are anticipated in Spring 2020).

infrastructure at the NRC. This provides effort factor for liquid UF6 be revised In the absence of such adjustments, fuel existing nuclear reactor licensees with from 5 to 0 and the safeguards factor for cycle facilities will experience an regulatory predictability that is useful liquid UF6 also be revised from a 5 to unnecessary increase in annual fees for for business planning purposes. 0 to appropriately reflect the effort FY 2021. (NEI and WEC) khammond on DSKJM1Z7X2PROD with RULES3 Along these same lines, the NRC during the current idle state condition. Response: The fuel facilities business performs generic activities related to (MTW) line is responsible for ensuring the license renewal. These costs are spread Response: Currently, there is one safety and security of fuel cycle and among all holders of power reactor uranium conversion facility, and it is in greater than critical mass facilities. The operating licenses without regard to a ready-idle status with no processing business line leads the licensing and whether the operating license holder operations. The NRC believes that this oversight of these facilities, as well as intends to seek renewal. This is because facility will remain in ready-idle domestic material control and VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37268 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations accounting and international safeguards with OBRA-90, the NRC makes that are used to determine the total implementation activities for the NRC. continual organizational improvements charge. This will help DOE evaluate The business line also supports to align the resources needed to support whether the proposed NRC scope is rulemaking and environmental review its regulatory activities. These actions consistent with anticipated DOE activities for fuel facilities. The NRC has help mitigate impacts on the remaining activities and establish the basis for taken steps to right-size the fuel licensees from licensees that leave a fee DOEs estimate of annual uranium facilities budget to ensure that it reflects class by helping the NRC continue to licensee fees in its budget request.

the reduced workload in the business develop budgets that account for (DOE) line. A peak workload was experienced regulating a fee class with a declining Response: The NRC described the in FY 2012 and since then, the fee class number of licensees. overall methodology for determining budget has decreased from $54.4 million Beyond FY 2020, the NRC will fees for uranium recovery facilities, in FY 2012 to $18.0 million in FY 2020. continue to look for efficiencies within including DOE, in the 2002 fee rule (67 This represents a reduction of $36.4 the fuel facilities program. Going FR 42625; June 24, 2002), and the NRC million, or 67 percent within the fee forward, the fuel facilities business line continues to use this methodology. As class budget. The FY 2020 fuel facilities is focusing efforts to align the agencys the NRC explained in the FY 2020 fee class budget decreased primarily due program of work in the fuel facilities proposed fee rule, the NRC recovers fees to an expected decline in license area to workload projections and from DOE through both user fees renewal applications, the decrease in continuing to risk-inform the regulatory charged under 10 CFR part 170 for the number of license amendments, the framework for these activities while specific UMTRCA oversight activities termination of the MOX Fuel maintaining adequate protection and annual fees charged under 10 CFR Fabrication Facility construction consistent with our principles of good part 171 for generic and other costs authorization, and efficiencies gained regulation. related to UMTRCA and other uranium because of changes to the Fuel Facilities On April 26, 2019, the NRC created recovery activities. As shown in the Inspection Program, and workload two working groups tasked with work papers referenced in the proposed projections. building smarter Fuel Cycle licensing fee rule, the NRC calculated the total In a public meeting conducted on and oversight programs. The working amount of budgeted resources for March 5, 2020, on the FY 2020 proposed groups were tasked with conducting a UMTRCA activities related to DOE sites fee rule, the NRC provided an overview holistic assessment of the fuel cycle in the FY 2020 budget by computing the of the fuel facilities business line licensing and oversight programs for the cost of staff hours budgeted to conduct budget, major activities, the budget purpose of improving the effectiveness the work (in terms of full-time planning process (e.g., workload and efficiency of the programs. The equivalent, or FTE) and the budgeted forecasting, types of work, and working groups included experienced contract costs. The total amount of inspection activities), the reconciliation supervisors and staff members looking budgeted resources was reduced by the from the fuel facilities business line to for areas of transformation and amount expected to be recovered by 10 the fee class budget, and the five-year innovation while adhering to the key CFR part 170 user fees for site-specific trend of 10 CFR part 170 user fees and principles of good regulation that guide UMTRCA activities. The NRC estimated 10 CFR part 171 annual fees. Slides the manner in which we conduct our the amount of 10 CFR part 170 user fees from this public meeting are available at work and make decisions. by analyzing billing data and the actual ADAMS Accession No. ML20064G525. The NRC believes that the contractual work charged to DOE for the Regarding the assertion that the NRC implementation of the previous four quarters. The estimate, should reduce the fuel facilities recommendations resulting from this therefore, reflects any recent reductions business line budget, the NRC continues effort will ensure focus on the areas of in NRC oversight activities. The to actively evaluate resource greatest safety benefit using the remainder of the UMTRCA budgeted requirements, both in terms of overall appropriate level of effort. amount related to DOE sites is charged budget numbers and FTEs, to address Implementation of the to DOE for generic activities. In addition changes that occur between budget recommendations will begin in FY 2021 to those generic costs, DOE was charged formulation and execution. The NRC and the results will be reflected in for 10 percent of the overall generic will continue to assess resource future rulemakings. costs attributable to the uranium requirements and evaluate No changes were made to this final recovery program. In other words, the programmatic efficiencies that could rule because of these comments. DOE fee includes the costs of generic result in additional resource reductions, activities related to DOE sites and 10 H. Uranium Mill Tailings Radiation but a reduction in the budget is not percent of the overall generic costs Control Act (Work Papers) linearly proportional as there is a cost attributable to the uranium recovery for the infrastructure that must be Comment: The U.S. Department of program. The remaining 90 percent of maintained independent of the number Energy (DOE) has reviewed the the overall generic costs is charged to of operational fuel facilities. proposed 10 CFR parts 170 and 171 fee the other members of the uranium In this final rule, the fees assessed to schedule for FY 2020. The DOE finds recovery fee class. The work papers also the licensees and applicants by the NRC that the basis for the total annual fee provided information on all the values must conform to OBRA-90, which amount and the level of effort to support of the effort/benefit factors used in the requires the NRC to collect the general licenses for [UMTRCA] sites uranium recovery matrix for FY 2020.

approximately 90 percent of its FY 2020 is not presented in the proposed rule or No changes were made to this final budget authority (less certain excluded associated work papers. Additionally, khammond on DSKJM1Z7X2PROD with RULES3 rule because of this comment.

items) through both user fees and the bases for allocation percentages for annual fees. The NRC can assess these DOE and other uranium recovery I. Small Entity Size Standards annual fees only to licensees or licensees and the generic/other uranium Comment: Regarding small entity certificate holders, and the annual fee recovery costs in the proposed rule and size standards, the NRC should consider schedule must be fair and equitably work papers are not presented. The DOE establishing lower licensing fees by allocate annual fees among the NRCs requests that the US NRC clarify the creating one or more additional ranges many licensees. To ensure compliance rationale for the various fee components between the $520,000 and $7,000,000 VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37269 gross annual receipts range. A fee rate program. These matters are outside the addition to, systems, structures, schedule with more steps for small scope of this final rule. The primary components, or the design of a facility, businesses would help reduce the purpose of the rule is to update the or the design approval or manufacturing license fee burden on the smaller NRCs fee schedules to recover license for a facility, or the procedures entities and address small business approximately 90 percent of the NRCs or organization required to design, concerns. (RE) budgeted authority for the current fiscal construct, or operate a facility.

Response: To reduce the significance year, and to make other necessary of the annual fees on a substantial corrections or appropriate changes to IX. Plain Writing number of small entities, the NRC specific aspects of the NRCs fee The Plain Writing Act of 2010 (Pub.

established the maximum small entity regulations in order to ensure L. 111-274) requires Federal agencies to fee in FY 1991. In FY 1992, the NRC compliance with OBRA-90. write documents in a clear, concise, and introduced a second lower tier to the The NRC understands the importance well-organized manner. The NRC has small entity fee. Because the NRCs of examining and improving the written this document to be consistent methodology for small entity size efficiency of its operations and the with the Plain Writing Act, as well as standards has been approved by the prioritization of its regulatory activities. the Presidential Memorandum, Plain Small Business Administration, the Accordingly, the NRC has undertaken, Language in Government Writing, NRC did not modify its current and continues to undertake, a number of published June 10, 1998 (63 FR 31885).

methodology for this rulemaking. significant initiatives aimed at However, as one of the ongoing Fees improving the efficiency of NRC X. National Environmental Policy Act Transformation initiatives, the NRC operations and enhancing the agencys The rule is limited to amending the conducted a financial survey of approach to regulating. Though NRCs administrative requirements in materials licensees to determine comments raising these issues are not 10 CFR parts 170 and 171. Therefore, whether changes to the size standards within the scope of this final rule, the this action is categorically excluded are needed. The NRC published a NRC will consider this input in its from needing environmental review, as document in the Federal Register (85 future program operations. described in § 51.22(c)(1). Consequently, FR 6225; February 4, 2020) announcing neither an environmental impact VI. Regulatory Flexibility Certification the survey, with a requested due date of statement nor an environmental April 30, 2020, to complete the survey. As required by the Regulatory assessment has been prepared for this The survey results will be analyzed to Flexibility Act of 1980, as amended final rule.

determine if changes are needed to the (RFA),4 the NRC has prepared a regulatory flexibility analysis related to XI. Paperwork Reduction Act current NRC nuclear industry-specific small entity size standards in § 2.810. this final rule. The regulatory flexibility This final rule does not contain a No change was made to this final rule analysis is available as indicated in collection of information as defined in in response to this comment. Section XIV, Availability of Documents, the Paperwork Reduction Act of 1995 of this document. (44 U.S.C. 3501 et seq.) and, therefore, J. Comments Generally Supporting VII. Regulatory Analysis is not subject to the requirements of the Actions of the Agency Paperwork Reduction Act of 1995.

Several commenters expressed Under OBRA-90, the NRC is required comments generally in favor of actions to recover approximately 90 percent of Public Protection Notification that the agency is taking with respect to its budget authority in FY 2020. The The NRC may not conduct or sponsor, fees, billing, and other aspects of the fee NRC established fee methodology and a person is not required to respond rule process. Comments expressed guidelines for 10 CFR part 170 in 1978, to, a collection of information unless the support for the public meetings NRC and established additional fee document requesting or requiring the held on the proposed fee rule; improved methodology guidelines for 10 CFR part collection displays a currently valid efficiency and clarity of the fee and 171 in 1986. In subsequent rulemakings, OMB control number.

invoicing process; NRCs eBilling the NRC has adjusted its fees without system; the policy change to modify the changing the underlying principles of XII. Congressional Review Act timing of when annual fees commence its fee policy to ensure that the NRC This final rule is a rule as defined in for power reactor licensees; actions to continues to comply with the statutory the Congressional Review Act of 1996 (5 decrease and right-size the fuel facilities requirements for cost recovery in U.S.C. 801-808). The Office of budget to right-size the budget to reflect OBRA-90. Management and Budget has found it to a reduced workload; and other In this final rule, the NRC continues be a major rule as defined in the improvements made as part of the Fees this longstanding approach. Therefore, Congressional Review Act.

Transformation Initiative. No change the NRC did not identify any alternatives to the current fee structure XIII. Voluntary Consensus Standards was made to this final rule in response to this comment. guidelines and did not prepare a The National Technology Transfer regulatory analysis for this final rule. and Advancement Act of 1995, Public K. Comments on Matters Not Related to Law 104-113, requires that Federal This Rulemaking VIII. Backfitting and Issue Finality agencies use technical standards that are Several commenters raised issues The NRC has determined that the developed or adopted by voluntary outside the scope of the FY 2020 fee backfit rule, § 50.109, does not apply to consensus standards bodies unless the rule. Commenters raised concerns with this final rule and that a backfit analysis use of such a standard is inconsistent khammond on DSKJM1Z7X2PROD with RULES3 the agencys budgeting process and is not required. A backfit analysis is not with applicable law or otherwise requested public participation on the required because these amendments do impractical. In this final rule, the NRC agencys budget formulation process. A not require the modification of, or is amending the licensing, inspection, few commenters requested expediting 4 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has and annual fees charged to its licensees efficiency efforts and engaging industry been amended by the Small Business Regulatory and applicants, as necessary, to recover regarding additional efficiencies and Enforcement Fairness Act of 1996, Public Law 104- approximately 90 percent of its budget risk-informing the current regulatory 121, Title II, 110 Stat. 847 (1996). authority in FY 2020, as required by VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37270 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations OBRA-90. This action does not 604 to prepare a regulatory flexibility Documents, of this document. The next constitute the establishment of a analysis. The NRC, in compliance with compliance guide will be developed standard that contains generally the law, prepared the Small Entity when the NRC completes the next small applicable requirements. Compliance Guide for the FY 2019 entity biennial review in FY 2021.

proposed fee rule. The NRC plans to XIV. Availability of Guidance XV. Availability of Documents continue to use this compliance guide The Small Business Regulatory for FY 2020 and has relabeled the The documents identified in the Enforcement Fairness Act requires all compliance guide to reflect the current following table are available to Federal agencies to prepare a written fiscal year. The FY 2020 version of the interested persons through one or more compliance guide for each rule for compliance guide is available as which the agency is required by 5 U.S.C. indicated in Section XIV, Availability of of the following methods, as indicated.

Documents Adams Accession No./web link SECY-05-0164, Annual Fee Calculation Method, dated September 15, 2005 .......... ML052580332.

SECY-16-0097, Fee Setting Improvements and Fiscal Year 2017 Proposed Fee ML16194A365.

Rule, dated August 15, 2016.

Staff Requirements Memorandum for SECY-16-0097, dated October 19, 2016 .......... ML16293A902.

NUREG-1100, Volume 35, Congressional Budget Justification: Fiscal Year 2020 ML19065A279.

(February 2019).

Petition for Rulemaking-171-1, Petition to Amend 10 CFR 171.15, Reactor Li- ML19081A015.

censes and Independent Spent Fuel Storage Licenses, dated February 28, 2019.

Nuclear Power Plant License Fees Upon Commencing Commercial Operation, par- ML19304B492.

tial consideration in the rulemaking process (84 FR 65032; November 26, 2019).

FY 2020 Final Rule Work Papers .................................................................................... ML20142A363.

Uranium Recovery Flat Fee Pilot Initiative: A Report for the Senate Committee on ML20010D684.

Environment and Public Works and the House Committee on Energy and Com-merce.

FY 2020 Final Fee Rule .................................................................................................. ML20114E208.

FY 2020 Regulatory Flexibility Analysis .......................................................................... ML20120A537.

FY 2020 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide ........... ML19318G044.

NRC Form 526, Certification of Small Entity Status for the Purposes of Annual Fees https://www.nrc.gov/reading-rm/doc-collections/forms/

Imposed under 10 CFR Part 171. nrc526.pdf.

OMB Circular A-25, User Charges .............................................................................. https://www.whitehouse.gov/sites/whitehouse.gov/files/

omb/assets/OMB/circulars/a025/a025.html.

Fees Transformation Accomplishments .......................................................................... https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html.

List of Subjects For the reasons set out in the Energy Reorganization Act of 1974, sec. 201 preamble and under the authority of the (42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C.

10 CFR Part 170 Atomic Energy Act of 1954, as amended; 901, 902, 9701; 44 U.S.C. 3504 note.

Byproduct material, Import and the Energy Reorganization Act of 1974,

§ 170.20 [Amended]

export licenses, Intergovernmental as amended; and 5 U.S.C. 552 and 553, relations, Non-payment penalties, the NRC is adopting the following 2. In § 170.20, remove the dollar Nuclear energy, Nuclear materials, amendments to 10 CFR parts 170 and amount $275 and add in its place the Nuclear power plants and reactors, 171: dollar amount $279.

Source material, Special nuclear PART 170FEES FOR FACILITIES, 3. In § 170.21, in the table, revise the material. MATERIALS, IMPORT AND EXPORT entry for K. Import and export 10 CFR Part 171 LICENSES, AND OTHER licenses and footnotes 1 and 6 to read REGULATORY SERVICES UNDER THE as follows:

Annual charges, Approvals, ATOMIC ENERGY ACT OF 1954, AS Byproduct material, Holders of AMENDED § 170.21 Schedule of fees for production certificates, Intergovernmental relations, and utilization facilities, review of standard Nonpayment penalties, Nuclear 1. The authority citation for part 170 referenced design approvals, special materials, Nuclear power plants and continues to read as follows: projects, inspections and import and export reactors, Registrations, Source material, licenses.

Authority: Atomic Energy Act of 1954, Special nuclear material. secs. 11, 161(w) (42 U.S.C. 2014, 2201(w)); * * * *

• SCHEDULE OF FACILITY FEES

[See footnotes at end of table]

Facility categories and type of fees Fees1 2 khammond on DSKJM1Z7X2PROD with RULES3 K. Import and export licenses 6 Licenses for the import and export only of production or utilization facilities or the export only of com-ponents for production or utilization facilities issued under 10 CFR part 110.

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Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37271 SCHEDULE OF FACILITY FEESContinued

[See footnotes at end of table]

Facility categories and type of fees Fees1 2

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).

Applicationnew license, or amendment; or license exemption request ................................... N/A.

2. Application for export of reactor and other components requiring Executive Branch review, for example, those actions under 10 CFR 110.41(a).

Applicationnew license, or amendment; or license exemption request ................................... N/A.

3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances.

Applicationnew license, or amendment; or license exemption request ................................... N/A.

4. Application for export of facility components and equipment not requiring Commission or Exec-utive Branch review, or obtaining foreign government assurances.

Applicationnew license, or amendment; or license exemption request ................................... N/A.

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 sub-stantive changes to license terms or conditions or to the type of facility or component author-ized for export and, therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities.

Minor amendment to license ........................................................................................................ N/A.

1 Fees will be charged for approvals issued under a specific exemption provision of the Commissions 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 pro-vided.

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 Further Consolidated Appropriations Act, 2020, excludes international activities from the fee-recoverable budget in FY 2020, im-port and export licensing actions will not incur fees.

4. In § 170.31, revise the table to read § 170.31 Schedule of fees for materials as follows: licenses and other regulatory services, including inspections, and import and export licenses.

TABLE 1 TO § 170.31SCHEDULE 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 Material (High Enriched Uranium) 6 [Program Code(s): 21213] ................................. Full Cost.

(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 6 [Program Code(s): Full Cost.

21210].

(2) All other special nuclear materials licenses not included in Category 1.A. (1) which are licensed for fuel cycle ac-tivities.6 (a) Facilities with limited operations 6 [Program Code(s): 21240, 21310, 21320] ...................................................... Full Cost.

(b) Gas centrifuge enrichment demonstration facilities.6 [Program Code(s): 21205] ................................................ Full Cost.

(c) Others, including hot cell facilities.6 [Program Code(s): 21130, 21133] ............................................................... Full Cost.

B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an inde- Full Cost.

pendent 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 § 70.4 in sealed $1,300.

sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers.4 Application

[Program Code(s): 22140].

D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed $2,600.

form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A.4 Application [Program Code(s): 22110, 22111, 22120, 22131, khammond on DSKJM1Z7X2PROD with RULES3 22136, 22150, 22151, 22161, 22170, 23100, 23300, 23310].

E. Licenses or certificates for construction and operation of a uranium enrichment facility 6 [Program Code(s): 21200] ....... Full Cost.

F. Licenses for possession and use of special nuclear material greater than critical mass as defined in § 70.4 of this Full Cost.

chapter, for development and testing of commercial products, and other non-fuel-cycle activities.4 6 [Program Code(s):

22155].

2. Source material: 11 A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride Full Cost.

or for deconverting uranium hexafluoride in the production of uranium oxides for disposal.6 [Program Code(s): 11400].

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37272 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations TABLE 1 TO § 170.31SCHEDULE OF MATERIALS FEESContinued

[See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 2 3 (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 ex-traction 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 facilities 6 [Program Code(s): 11100] .................................................................. Full Cost.

(b) Basic In Situ Recovery facilities 6 [Program Code(s): 11500] ............................................................................... Full Cost.

(c) Expanded In Situ Recovery facilities6 [Program Code(s): 11510] ........................................................................ Full Cost.

(d) In Situ Recovery Resin facilities 6 [Program Code(s): 11550] .............................................................................. Full Cost.

(e) Resin Toll Milling facilities 6 [Program Code(s): 11555] ........................................................................................ Full Cost.

(f) Other facilities 6 [Program Code(s): 11700] ........................................................................................................... Full Cost.

(3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, Full Cost.

from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) 6 [Program Code(s): 11600, 12000].

(4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, Full Cost.

from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensees 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 [Pro- $1,200.

gram Code(s): 11210].

C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of $4,300.

this chapter. Application [Program Code(s): 11240].

D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter. Application [Program $2,800.

Code(s): 11230, 11231].

E. Licenses for possession and use of source material for processing or manufacturing of products or materials con- $2,700.

taining source material for commercial distribution. Application [Program Code(s): 11710].

F. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] $2,700.

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 chap- $13,100.

ter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of loca-tions of use: 1-5. Application [Program Code(s): 03211, 03212, 03213].

(1). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this $17,400.

chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6-20. Application [Program Code(s): 04010, 04012, 04014].

(2). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this $21,700.

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): 04011, 04013, 04015].

B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or $3,600.

manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1-5. Ap-plication [Program Code(s): 03214, 03215, 22135, 22162].

(1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing $4,800.

or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6-

20. Application [Program Code(s): 04110, 04112, 04114, 04116].

(2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing $6,000.

or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use:

more than 20. Application [Program Code(s): 04111, 04113, 04115, 04117].

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and dis- $5,200.

tribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing by-product material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1-5. Application [Program Code(s):

02500, 02511, 02513].

(1). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and $6,900.

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices con-taining byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6-20. Application

[Program Code(s): 04210, 04212, 04214].

(2). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and $8,700.

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices con-taining byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20. Ap-khammond on DSKJM1Z7X2PROD with RULES3 plication [Program Code(s): 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 $3,200.

source is not removed from its shield (self-shielded units). Application [Program Code(s): 03510, 03520].

F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for ir- $6,500.

radiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03511].

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Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37273 TABLE 1 TO § 170.31SCHEDULE OF MATERIALS FEESContinued

[See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 2 3 G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation $62,300.

of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s):

03521].

H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that re- $6,700.

quire 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 ex-empt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03254, 03255, 03257].

I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities $11,600.

of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application

[Program Code(s): 03250, 03251, 03252, 03253, 03256].

J. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material that require $2,000.

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 gen-erally licensed under part 31 of this chapter. Application [Program Code(s): 03240, 03241, 03243].

K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quan- $1,100.

tities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. Application [Program Code(s): 03242, 03244].

L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for $5,500.

research and development that do not authorize commercial distribution. Number of locations of use: 1-5. Application

[Program Code(s): 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 chap- $7,300.

ter for research and development that do not authorize commercial distribution. Number of locations of use: 6-20.

Application [Program Code(s): 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 chap- $9,100.

ter for research and development that do not authorize commercial distribution. Number of locations of use: more than 20. Application [Program Code(s): 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 de- $8,300.

velopment that do not authorize commercial distribution. Application [Program Code(s): 03620].

N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak $8,900.

testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4.A., 4.B., and 4.C. Application [Program Code(s): 03219, 03225, 03226].

O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography $6,400.

operations. Number of locations of use: 1-5. Application [Program Code(s): 03310, 03320].

(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiog- $8,500.

raphy operations. Number of locations of use: 6-20. Application [Program Code(s): 04310, 04312].

(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiog- $10,600.

raphy operations. Number of locations of use: more than 20. Application [Program Code(s): 04311, 04313].

P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9 Number of locations of $4,700.

use: 1-5. Application [Program Code(s): 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 $6,300.

of use: 6-20. Application [Program Code(s): 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 $7,900.

of use: More than 20. Application [Program Code(s): 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 ................................................. $600.

R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items $2,600.

or limits specified in that section.5 1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4) or (5) but less than or equal to 10 times the number of items or limits specified. Application [Program Code(s): 02700].

2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4) or (5). $2,500.

Application [Program Code(s): 02710].

S. Licenses for production of accelerator-produced radionuclides. Application [Program Code(s): 03210] ............................ $14,300.

4. Waste disposal and processing: 11 A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material Full Cost.

khammond on DSKJM1Z7X2PROD with RULES3 from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses au-thorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material. Application [Program Code(s):

03231, 03233, 03236, 06100, 06101].

B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material $6,900.

from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03234].

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37274 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations TABLE 1 TO § 170.31SCHEDULE OF MATERIALS FEESContinued

[See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 2 3 C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nu- $5,000.

clear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03232].

5. Well logging: 11 A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well log- $4,600.

ging, well surveys, and tracer studies other than field flooding tracer studies. Application [Program Code(s): 03110, 03111, 03112].

B. Licenses for possession and use of byproduct material for field flooding tracer studies. Licensing [Program Code(s): Full Cost.

03113].

6. Nuclear laundries: 11 A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or spe- $22,200.

cial nuclear material. Application [Program Code(s): 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, $11,200.

or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 1-5. Application [Program Code(s): 02300, 02310].

(1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source ma- $14,800.

terial, 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): 04510, 04512].

(2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source ma- $18,500.

terial, 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): 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 $8,700.

this chapter authorizing research and development, including human use of byproduct material, except licenses for by-product material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.

Number of locations of use: 1-5. Application [Program Code(s): 02110].

(1). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and $11,600.

70 of this chapter authorizing research and development, including human use of byproduct material, except li-censes for byproduct material, source material, or special nuclear material in sealed sources contained in tele-therapy devices. This category also includes the possession and use of source material for shielding when author-ized on the same license. Number of locations of use: 6-20. Application [Program Code(s): 04710].

(2). Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and $14,500.

70 of this chapter authorizing research and development, including human use of byproduct material, except li-censes for byproduct material, source material, or special nuclear material in sealed sources contained in tele-therapy devices. This category also includes the possession and use of source material for shielding when author-ized on the same license. Number of locations of use: more than 20. Application [Program Code(s): 04711].

C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source ma- $6,600.

terial, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear mate-rial in sealed sources contained in teletherapy devices.10 Number of locations of use: 1-5. Application [Program Code(s): 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 $8,800.

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 [Pro-gram Code(s): 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 $10,900.

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. Applica-tion [Program Code(s): 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 $2,600.

activities. Application [Program Code(s): 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, $10,900.

except reactor fuel devices, for commercial distribution. Applicationeach device.

B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material $9,000.

manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. Applicationeach device.

C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except $5,300.

reactor fuel, for commercial distribution. Applicationeach source.

khammond on DSKJM1Z7X2PROD with RULES3 D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manu- $1,100.

factured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Applica-tioneach source.

10. Transportation of radioactive material:

A. Evaluation of casks, packages, and shipping containers.

1. Spent Fuel, High-Level Waste, and plutonium air packages ........................................................................................ Full Cost.

2. Other Casks ................................................................................................................................................................... Full Cost.

B. Quality assurance program approvals issued under part 71 of this chapter.

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[See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 2 3

1. Users and Fabricators. Application ................................................................................................................................ $4,200.

Inspections .................................................................................................................................................................. Full Cost.

2. Users. Application .......................................................................................................................................................... $4,200.

Inspections .................................................................................................................................................................. Full Cost.

C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobiliza- Full Cost.

tion devices)..

11. Review of standardized spent fuel facilities. .............................................................................................................................. Full Cost.

12. Special projects: Including approvals, pre-application/licensing activities, and inspections. Application [Program Code: Full Cost.

25110].

13. A. Spent fuel storage cask Certificate of Compliance. .............................................................................................................. Full Cost.

B. Inspections related to storage of spent fuel under § 72.210 of this chapter ........................................................................ Full Cost.

14. Decommissioning/Reclamation: 11 A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decon- Full Cost.

tamination, 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 prin-cipal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200].

B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, regardless of whether or not Full Cost.

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 N/A.

Branch review, for example, those actions under 10 CFR 110.40(b). Applicationnew license, or amendment; or li-cense exemption request.

B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but N/A.

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.). Applicationnew license, or amendment; or license exemption request.

C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or nat- N/A.

ural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assur-ances. Applicationnew license, or amendment; or license exemption request.

D. Application for export or import of nuclear material not requiring Commission or Executive Branch review, or obtaining N/A.

foreign government assurances. Applicationnew license, or amendment; or license exemption request.

E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic N/A.

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.

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 N/A.

review under 10 CFR 110.42(e)(4)) and to obtain one government-to-government consent for this process. For addi-tional consent see fee category 15.I. Applicationnew license, or amendment; or license exemption request.

G. Application for export of appendix P Category 1 materials requiring Executive Branch review and to obtain one gov- N/A.

ernment-to-government consent for this process. For additional consents see fee category 15.I. Applicationnew li-cense, or amendment; or license exemption request.

H. Application for export of appendix P Category 1 materials and to obtain one government-to-government consent for N/A.

this process. For additional consents see fee category 15.I. Applicationnew license, or amendment; or license ex-emption request.

I. Requests for each additional government-to-government consent in support of an export license application or active N/A.

export license. Applicationnew license, or 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 N/A.

review under 10 CFR 110.42(e)(4)). Applicationnew license, or amendment; or license exemption request.

K. Applications for export of appendix P Category 2 materials requiring Executive Branch review. Applicationnew li- N/A.

cense, or amendment; or license exemption request.

L. Application for the export of Category 2 materials. Applicationnew license, or amendment; or license exemption re- N/A.

quest.

M. [Reserved] ............................................................................................................................................................................ N/A.

N. [Reserved] ............................................................................................................................................................................. N/A.

khammond on DSKJM1Z7X2PROD with RULES3 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 informa- N/A.

tion, 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.

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37276 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations TABLE 1 TO § 170.31SCHEDULE OF MATERIALS FEESContinued

[See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 2 3

16. Reciprocity:

Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20. Application ............. $2,100.

17. Master materials licenses of broad scope issued to Government agencies. Application [Program Code(s): 03614] Full Cost.

18. Department of Energy.

A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers (including spent fuel, high-level Full Cost.

waste, and other casks, and plutonium air packages).

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ....................................................................................... Full Cost.

1 Types of feesSeparate 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 cer-tain inspections. The following guidelines apply to these charges:

(a) Application and registration fees. Applications for new materials licenses and export and import licenses; applications to reinstate expired, terminated, or inactive licenses, except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category.

(1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category.

(2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for fee category 1.C. only.

(b) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, pre-application consulta-tions 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 § 170.12(b).

(c) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment, unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category would apply.

(d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c).

(e) Generally licensed device registrations under 10 CFR 31.5. Submittals of registration information must be accompanied by the prescribed fee.

2 Fees will be charged for approvals issued under a specific exemption provision of the Commissions 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 ap-proval 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

§ 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 li-cense.

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 li-censes 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 Further Consolidated Appropriations Act, 2020, excludes international activities from the fee-recoverable budget in FY 2020, im-port and export licensing actions will not be charged fees.

PART 171ANNUAL FEES FOR 2201(w), 2273, 2282); Energy Reorganization that the licensee has successfully REACTOR LICENSES AND FUEL Act of 1974, sec. 201 (42 U.S.C. 5841); 42 completed power ascension testing. The U.S.C. 2214; 44 U.S.C. 3504 note.

CYCLE LICENSES AND MATERIALS regulations in this part also apply to any LICENSES, INCLUDING HOLDERS OF 6. Revise § 171.3 to read as follows: person holding a materials license as CERTIFICATES OF COMPLIANCE, § 171.3 Scope. defined in this part, a Certificate of REGISTRATIONS, AND QUALITY The regulations in this part apply to Compliance, a sealed source or device ASSURANCE PROGRAM APPROVALS any person holding an operating license registration, a quality assurance program khammond on DSKJM1Z7X2PROD with RULES3 AND GOVERNMENT AGENCIES for a test reactor or research reactor approval, and to a Government agency LICENSED BY THE NRC issued under part 50 of this chapter, and as defined in this part. Notwithstanding to any person holding an operating the other provisions in this section, the

5. The authority citation for part 171 license for a power reactor licensed regulations in this part do not apply to continues to read as follows: under 10 CFR part 50 or a combined uranium recovery and fuel facility Authority: Atomic Energy Act of 1954, license issued under 10 CFR part 52 that licensees until after the Commission secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, has provided notification to the NRC verifies through inspection that the VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37277 facility has been constructed in under 10 CFR part 52 that is in a reactor decommissioning class of accordance with the requirements of the decommissioning or possession-only licenses is a $71,443 fee-relief credit.

license. status and has spent fuel onsite, and for The FY 2020 spent fuel storage/reactor

7. In § 171.15, revise paragraphs (a), each independent spent fuel storage 10 decommissioning fee-relief adjustment (b)(1), (b)(2) introductory text, (c)(1), CFR part 72 licensee who does not hold to be assessed to each operating power (c)(2) introductory text, (d)(1) a 10 CFR part 50 license or a 10 CFR reactor, each power reactor in introductory text, (d)(2) and (3), and (f) part 52 combined license, is $188,000. decommissioning or possession-only to read as follows: (2) The FY 2020 annual fee is status that has spent fuel onsite, and to comprised of a base spent fuel storage/ each independent spent fuel storage 10

§ 171.15 Annual fees: Reactor licenses reactor decommissioning annual fee and independent spent fuel storage CFR part 72 licensee who does not hold (which is also included in the operating a 10 CFR part 50 license, is a $586 fee-licenses.

power reactor annual fee shown in relief credit. This amount is calculated (a) Each person holding an operating paragraph (b) of this section) and a fee-license for a test or research reactor; by dividing the total fee-relief credit by relief adjustment. The activities the total number of power reactors each person holding an operating comprising the FY 2020 fee-relief license for a power reactor licensed licenses, except those that permanently adjustment are shown in paragraph ceased operations and have no fuel under 10 CFR part 50 or a combined (d)(1) of this section. The activities license under 10 CFR part 52 that has onsite, and 10 CFR part 72 licensees comprising the FY 2020 spent fuel who do not hold a 10 CFR part 50 provided notification to the NRC that storage/reactor decommissioning the licensee has successfully completed license.

rebaselined annual fee are:

power ascension testing; each person * * * *

• holding a 10 CFR part 50 or 10 CFR part * * * * *

(d)(1) The fee-relief adjustment (f) The FY 2020 annual fees for 52 power reactor license that is in licensees authorized to operate a decommissioning or possession only allocated to annual fees includes a surcharge for the activities listed in research or test (non-power) reactor status, except those that have no spent licensed under 10 CFR part 50, unless fuel onsite; and each person holding a paragraph (d)(1)(i) of this section, plus the amount remaining after total the reactor is exempted from fees under 10 CFR part 72 license who does not § 171.11(b), are as follows:

hold a 10 CFR part 50 or 10 CFR part budgeted resources for the activities 52 license and provides notification in included in paragraphs (d)(1)(ii) and (iii) of this section are reduced by the Research reactor .................. $81,300 accordance with 10 CFR 72.80(g), shall Test reactor .......................... $81,300 pay the annual fee for each license held appropriations the NRC receives for during the Federal fiscal year in which these types of activities. If the NRCs the fee is due. This paragraph (a) does appropriations for these types of 8. In § 171.16, revise paragraphs (c),

not apply to test or research reactors activities are greater than the budgeted (d), and (e) introductory text to read as exempted under § 171.11(b). resources for the activities included in follows:

(b)(1) The FY 2020 annual fee for each paragraphs (d)(1)(ii) and (iii) of this operating power reactor that must be section for a given fiscal year, annual § 171.16 Annual fees: Materials licensees, collected by September 30, 2020, is fees will be reduced. The activities holders of certificates of compliance, comprising the FY 2020 fee-relief holders of sealed source and device

$4,621,000.

adjustment are as follows: registrations, holders of quality assurance (2) The FY 2020 annual fees are program approvals, and government comprised of a base annual fee for * * * *

• agencies licensed by the NRC.

power reactors licensed to operate, a (2) The total FY 2020 fee-relief base spent fuel storage/reactor adjustment allocated to the operating * * * *

• decommissioning annual fee, and power reactor class of licenses is a (c) A licensee who is required to pay associated additional charges (fee-relief $1,152,477 fee-relief credit, not an annual fee under this section, in adjustment). The activities comprising including the amount allocated to the addition to 10 CFR part 72 licenses, may the spent fuel storage/reactor spent fuel storage/reactor qualify as a small entity. If a licensee decommissioning base annual fee are decommissioning class. The FY 2020 qualifies as a small entity and provides shown in paragraphs (c)(2)(i) and (ii) of operating power reactor fee-relief the Commission with the proper this section. The activities comprising adjustment to be assessed to each certification along with its annual fee the FY 2020 fee-relief adjustment are operating power reactor is payment, the licensee may pay reduced shown in paragraph (d)(1) of this approximately a $12,131 fee-relief annual fees as shown in following table.

section. The activities comprising the credit. This amount is calculated by Failure to file a small entity certification FY 2020 base annual fee for operating dividing the total operating power in a timely manner could result in the power reactors are as follows: reactor fee-relief credit, $1,152,477, by receipt of a delinquent invoice

• * * *

• the number of operating power reactors requesting the outstanding balance due (c)(1) The FY 2020 annual fee for each (95). and/or denial of any refund that might power reactor holding a 10 CFR part 50 (3) The FY 2020 fee-relief adjustment otherwise be due. The small entity fees license or combined license issued allocated to the spent fuel storage/ are as follows:

Maximum annual fee NRC small entity classification khammond on DSKJM1Z7X2PROD with RULES3 per licensed category Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years):

$485,000 to $7 million .................................................................................................................................................................. $4,500 Less than $485,000 ...................................................................................................................................................................... 900 Small Not-For-Profit Organizations (Annual Gross Receipts):

$485,000 to $7 million .................................................................................................................................................................. 4,500 VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37278 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations Maximum annual fee NRC small entity classification per licensed category Less than $485,000 ...................................................................................................................................................................... 900 Manufacturing Entities that Have An Average of 500 Employees or Fewer:

35 to 500 employees .................................................................................................................................................................... 4,500 Fewer than 35 employees ............................................................................................................................................................ 900 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population):

20,000 to 49,999 .......................................................................................................................................................................... 4,500 Fewer than 20,000 ....................................................................................................................................................................... 900 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer:

35 to 500 employees .................................................................................................................................................................... 4,500 Fewer than 35 employees ............................................................................................................................................................ 900 (d) The FY 2020 annual fees are relief adjustment are shown for certificates, registrations, or approvals comprised of a base annual fee and an convenience in paragraph (e) of this subject to fees under this section are allocation for fee-relief adjustment. The section. The FY 2020 annual fees for shown in the following table:

activities comprising the FY 2020 fee- materials licensees and holders of SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC

[See footnotes at end of table]

Annual Category of materials licenses fees 1 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 Enriched Uranium) 15 [Program Code(s): 21213] .......................................... $5,067,000 (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 15 [Program Code(s):

21210] ................................................................................................................................................................................ 1,717,000 (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 [Program Code(s): 21310, 21320] ........................................................................... N/A (b) Gas centrifuge enrichment demonstration facility 15 [Program Code(s): 21205] ............................................................ N/A (c) Others, including hot cell facility 15 [Program Code(s): 21130, 21133] ........................................................................... N/A B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an inde-pendent spent fuel storage installation (ISFSI) 11 15 [Program Code(s): 23200] ...................................................................... N/A C. Licenses for possession and use of special nuclear material of less than a critical mass, as defined in § 70.4 of this chapter, in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence ana-lyzers. [Program Code(s): 22140] ............................................................................................................................................. 2,800 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 § 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] ...................................................................................................................................... 7,000 E. Licenses or certificates for the operation of a uranium enrichment facility 15 [Program Code(s): 21200] .............................. 2,208,000 F. Licenses for possession and use of special nuclear materials greater than critical mass, as defined in § 70.4 of this chapter, for development and testing of commercial products, and other non-fuel cycle activities.4 [Program Code: 22155] 5,100

2. Source material:

A. (1) Licenses for possession and 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.15 [Program Code: 11400] ............ 510,000 (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leach-ing, ore buying stations, ion-exchange facilities and in-processing of ores containing source material for extraction of met-als other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode.

(a) Conventional and Heap Leach facilities.15 [Program Code(s): 11100] ........................................................................... N/A (b) Basic In Situ Recovery facilities.15 [Program Code(s): 11500] ....................................................................................... 49,200 (c) Expanded In Situ Recovery facilities 15 [Program Code(s): 11510] ................................................................................ N/A (d) In Situ Recovery Resin facilities.15 [Program Code(s): 11550] ...................................................................................... 5 N/A (e) Resin Toll Milling facilities.15 [Program Code(s): 11555] ................................................................................................ 5 N/A (f) Other facilities 6 [Program Code(s): 11700] ...................................................................................................................... 5 N/A (3) Licenses that authorize the 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).15 [Program Code(s): 11600, 12000] ............................................................................................................................ 5 N/A (4) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from khammond on DSKJM1Z7X2PROD with RULES3 other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the li-censees milling operations, except those licenses subject to the fees in Category 2.A.(2).15 [Program Code(s): 12010] .... N/A B. Licenses which authorize the possession, use, and/or installation of source material for shielding.16 17 Application [Pro-gram Code(s): 11210] ............................................................................................................................................................... 3,100 C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter. [Program Code: 11240] ....................................................................................................................................... 7,700 D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter. [Program Code(s):

11230 and 11231] ..................................................................................................................................................................... 6,000 VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

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[See footnotes at end of table]

Annual Category of materials licenses fees 1 2 3 E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. [Program Code: 11710] ...................................................................................... 7,400 F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ...................... 9,100

3. Byproduct material:

A. Licenses of broad scope for 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. [Program Code(s): 03211, 03212, 03213] ................................................................................................................ 27,900 (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. [Program Code(s): 03211, 03212, 03213] ............................................................................... 37,100 (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. [Program Code(s): 04011, 04013, 04015] ................................................................. 46,300 B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or man-ufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1-5. [Program Code(s): 03214, 03215, 22135, 22162] .................................................................................................................................... 11,300 (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.

[Program Code(s): 04110, 04112, 04114, 04116] ............................................................................................................ 15,000 (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. [Program Code(s): 04111, 04113, 04115, 04117] .............................................................................................. 18,700 C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribu-tion 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 manu-facturing is exempt under § 170.11(a)(4). Number of locations of use: 1-5. [Program Code(s): 02500, 02511, 02513] ....... 10,500 (1). Licenses issued under §§ 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 proc-essing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6-20. [Program Code(s):

04210, 04212, 04214] ........................................................................................................................................................ 13,800 (2). Licenses issued under §§ 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 proc-essing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: More than 20. [Program Code(s): 04211, 04213, 04215] ......................................................................................................................................... 17,400 D. [Reserved] ................................................................................................................................................................................ 5 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) [Program Code(s): 03510, 03520] .......................................................... 11,700 F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irra-diation 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] ....................................................................................................................................................................................... 10,700 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 in which the source is not exposed for irradiation purposes [Program Code(s): 03521] ................... 85,200 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, except specific licenses au-thorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing require-ments of part 30 of this chapter [Program Code(s): 03254, 03255, 03257] ............................................................................ 10,700 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, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03250, 03251, 03252, 03253, 03256] ........................................................................................................................................................................... 16,900 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, 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] ........................................................................................................ 4,100 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 khammond on DSKJM1Z7X2PROD with RULES3 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] ................................................. 3,000 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. [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ............................................................................................... 15,000 (1). Licenses of broad scope for possession 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. [Pro-gram Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] .............................................................................. 19,800 VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37280 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRCContinued

[See footnotes at end of table]

Annual Category of materials licenses fees 1 2 3 (2). Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chap-ter 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] ......................................................... 24,700 M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and de-velopment that do not authorize commercial distribution [Program Code(s): 03620] .............................................................. 14,400 N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak test-ing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal serv-ices are subject to the fees specified in fee categories 4.A., 4.B., and 4.C.21 [Program Code(s): 03219, 03225, 03226] .... 18,100 O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography op-erations. 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] .... 29,900 (1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiog-raphy 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] ..................................................................................................................................................... 40,000 (2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiog-raphy 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. [Pro-gram Code(s): 04311, 04313] ........................................................................................................................................... 49,800 P. All other specific byproduct material 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] ............................................................................................................................................................... 9,700 (1). All other specific byproduct material 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] ........................................................................................................................................... 13,000 (2). All other specific byproduct material 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] ............................................................................................................................... 16,300 Q. Registration of devices generally licensed under part 31 of this chapter ............................................................................... 13 N/A R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section:14.

(1). Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or equal to 10 times the number of items or limits specified [Program Code(s): 02700] ..................................................... 7,000 (2). Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4) or (5)

[Program Code(s): 02710] ................................................................................................................................................. 7,300 S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................... 30,300

4. Waste disposal and processing:

A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses au-thorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized to receive or dispose of waste material. [Program Code(s): 03231, 03233, 03235, 03236, 06100, 06101] ................................................................................................................................................... 31,900 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. [Program Code(s): 03234] ............................... 18,100 C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nu-clear 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] ................................................................................................ 10,200

5. Well logging:

A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. [Program Code(s): 03110, 03111, 03112] ............ 14,300 B. Licenses for possession and use of byproduct material for field flooding tracer studies. [Program Code(s): 03113] ........... 5 N/A

6. Nuclear laundries:

A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or spe-cial nuclear material. [Program Code(s): 03218] ...................................................................................................................... 34,000

7. Medical licenses:

A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or khammond on DSKJM1Z7X2PROD with RULES3 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] ................................ 25,300 (1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate-rial, 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] ................................................................................................................................................................................ 33,600 VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

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[See footnotes at end of table]

Annual Category of materials licenses fees 1 2 3 (2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate-rial, 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] .................................................................................................................................................................... 42,000 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 by-product 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] .................................................................................................. 30,800 (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 li-censes for byproduct material, source material, or special nuclear material in sealed sources contained in tele-therapy devices. This category also includes the possession and use of source material for shielding when author-ized on the same license.9 Number of locations of use: 6-20. [Program Code(s): 04710] ............................................. 41,100 (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 li-censes for byproduct material, source material, or special nuclear material in sealed sources contained in tele-therapy devices. This category also includes the possession and use of source material for shielding when author-ized on the same license.9 Number of locations of use: More than 20. [Program Code(s): 04711] ............................... 51,200 C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source mate-rial, 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] ...................................................................................... 14,800 (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. 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] ................................................... 19,700 (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. 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] ................................... 24,500

8. Civil defense:

A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense ac-tivities. [Program Code(s): 03710] ............................................................................................................................................ 7,000

9. Device, product, or sealed source safety evaluation:

A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution .................................................................. 13,800 B. Registrations issued for the 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 ....................................................................................................................................................... 11,400 C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or spe-cial nuclear material, except reactor fuel, for commercial distribution ..................................................................................... 6,700 D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or spe-cial nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel .................................................................................................................................................................... 1,400

10. Transportation of radioactive material:

A. Certificates of Compliance or other package approvals issued for design of casks, packages, and shipping containers.

1. Spent Fuel, High-Level Waste, and plutonium air packages ........................................................................................... 6 N/A

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, route surveys, and transportation security devices (including immobilization devices) ..................................................................................................................................................................................... 6 N/A

11. Standardized spent fuel facilities ................................................................................................................................................... 6 N/A

12. Special Projects [Program Code(s): 25110] .................................................................................................................................. 6 N/A

13. A. Spent fuel storage cask Certificate of Compliance .................................................................................................................. 6 N/A khammond on DSKJM1Z7X2PROD with RULES3 B. General licenses for storage of spent fuel under 10 CFR 72.210 .......................................................................................... 12 N/A

14. Decommissioning/Reclamation:

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamina-tion, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master mate-rials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activi-ties. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200] ................................................................................... 7 20 N/A B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, whether or not the sites have been previously licensed .......................................................................................................................................................... 7 N/A VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

37282 Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRCContinued

[See footnotes at end of table]

Annual Category of materials licenses fees 1 2 3

15. Import and Export licenses ............................................................................................................................................................ 8 N/A

16. Reciprocity ..................................................................................................................................................................................... 8 N/A

17. Master materials licenses of broad scope issued to Government agencies.15 [Program Code(s): 03614] ................................. 312,000

18. Department of Energy:

A. Certificates of Compliance ....................................................................................................................................................... 10 1,007,000 B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] .................................. 120,000 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 per-manently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a li-cense, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provi-sions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each li-cense, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g.,

human use and irradiator activities), annual fees will be assessed for each category applicable to the license.

2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid.

Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.

3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 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 es-tablishing 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 at-tributable 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 li-censed 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 § 171.15(c).

12 See § 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 cat-egory 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 ap-plicable 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, ex-cept 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 de-commissioning costs will be recovered through 10 CFR part 170 fees, but annual fees may be charged for other activities authorized under the li-cense 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.

(e) The fee-relief adjustment allocated 2020 fee-relief adjustment are as base the determinations on the proration to annual fees includes the budgeted follows: requirements under paragraphs (a)(2) resources for the activities listed in * * * *

• and (3) of this section.

paragraph (e)(1) of this section, plus the (1) New licenses. (i) The annual fees

9. In § 171.17, revise paragraphs (a) total budgeted resources for the introductory text and (a)(1) and (2) to for new licenses for power reactors that activities included in paragraphs (e)(2) read as follows: are subject to fees under this part, for and (3) of this section, as reduced by the which the licensee has notified the NRC appropriations the NRC receives for § 171.17 Proration. on or after October 1 of a fiscal year (FY) these types of activities. If the NRCs * * * *

• that the licensee has successfully appropriations for these types of (a) Reactors, 10 CFR part 72 licensees completed power ascension testing, are activities are greater than the budgeted who do not hold 10 CFR part 50 or 10 prorated on the basis of the number of khammond on DSKJM1Z7X2PROD with RULES3 resources for the activities included in CFR part 52 licenses, and materials days remaining in the FY. Thereafter, paragraphs (e)(2) and (3) of this section licenses with annual fees of $100,000 or the full annual fee is due and payable for a given fiscal year, a negative fee- greater for a single fee category. The each subsequent FY.

relief adjustment (or annual fee NRC will base the proration of annual (ii) The annual fees for new licenses reduction) will be allocated to annual fees for terminated and downgraded for non-power reactors, 10 CFR part 72 fees. The activities comprising the FY licenses on the fee rule in effect at the licensees who do not hold 10 CFR part time the action is official. The NRC will 50 or 10 CFR part 52 licenses, and VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR3.SGM 19JNR3

Federal Register / Vol. 85, No. 119 / Friday, June 19, 2020 / Rules and Regulations 37283 materials licenses with annual fees of permanently cease operations has come receipt of the termination request. The

$100,000 or greater for a single fee into effect. The spent fuel storage/ annual fee for materials licenses with category for the current FY, that are reactor decommissioning annual fee for annual fees of $100,000 or greater for a subject to fees under this part and are reactor licensees who permanently single fee category for the current FY granted a license to operate on or after cease operations and have permanently will be prorated based on the number of October 1 of a FY, are prorated on the removed fuel from the site during the days remaining in the FY when a basis of the number of days remaining FY will be prorated on the basis of the termination request or a request for a in the FY. Thereafter, the full annual fee number of days remaining in the FY possession-only license is received by is due and payable each subsequent FY. after docketing of both the certifications the NRC, provided the licensee (2) Terminations. The base operating of permanent cessation of operations permanently ceased licensed activities power reactor annual fee for operating and permanent removal of fuel from the reactor licensees who have requested during the specified period.

site. The spent fuel storage/reactor amendment to withdraw operating decommissioning annual fee will be * * * *

• authority permanently during the FY prorated for those 10 CFR part 72 Dated: June 5, 2020.

will be prorated based on the number of licensees who do not hold a10 CFR part For the Nuclear Regulatory Commission.

days during the FY the license was in 50 or 10 CFR part 52 license who effect before docketing of the Cherish K. Johnson, request termination of the 10 CFR part certifications for permanent cessation of 72 license and permanently cease Chief Financial Officer.

operations and permanent removal of activities authorized by the license [FR Doc. 2020-13031 Filed 6-18-20; 8:45 am]

fuel from the reactor vessel or when a during the FY based on the number of BILLING CODE 7590-01-P final legally effective order to days the license was in effect before khammond on DSKJM1Z7X2PROD with RULES3 VerDate Sep<11>2014 17:55 Jun 18, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4701 Sfmt 9990 E:\FR\FM\19JNR3.SGM 19JNR3