ML21167A116
| ML21167A116 | |
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| Issue date: | 06/16/2021 |
| From: | Clay Johnson NRC/OCFO |
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32146 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations NUCLEAR REGULATORY reader, the ADAMS accession numbers revised fee-recovery framework, which COMMISSION and instructions about obtaining eliminates the 10 percent limit on fee-materials referenced in this document relief activities. Accordingly, the NRC 10 CFR Parts 15, 170, and 171 are provided in the Availability of will no longer provide a fee-relief credit
[NRC-2018-0292] Documents section of this document. (when the amount budgeted for fee-FOR FURTHER INFORMATION CONTACT: relief activities is less than the 10 RIN 3150-AK24 Anthony Rossi, Office of the Chief percent threshold, which would have Financial Officer, U.S. Nuclear decreased annual fees for licensees) or Revision of Fee Schedules; Fee assess a fee-relief surcharge (when the Regulatory Commission, Washington, Recovery for Fiscal Year 2021 amount budgeted for fee-relief activities DC 20555-0001, telephone: 301-415-AGENCY: Nuclear Regulatory 7341; email: Anthony.Rossi@nrc.gov. is greater than the 10 percent threshold, Commission. SUPPLEMENTARY INFORMATION: which would have increased annual ACTION: Final rule.
fees for licensees) as part of the Table of Contents calculation of annual fees for each
SUMMARY
- The U.S. Nuclear Regulatory I. Background; Statutory Authority licensee fee class.
Commission (NRC) is amending the II. Discussion In FY 2021, the NRCs fee regulations licensing, inspection, special project, III. Public Comment Analysis are primarily governed by two laws: (1) and annual fees charged to its IV. Public Comments and NRC Responses The Independent Offices Appropriation applicants and licensees. These V. Regulatory Flexibility Certification Act, 1952 (IOAA) (31 U.S.C. 9701), and VI. Regulatory Analysis (2) NEIMA (42 U.S.C. 2215). The IOAA amendments are necessary to VII. Backfitting and Issue Finality implement the Nuclear Energy authorizes and encourages Federal VIII. Plain Writing Innovation and Modernization Act IX. National Environmental Policy Act agencies to recoverto the fullest extent (NEIMA), which, beginning with fiscal X. Paperwork Reduction Act Public possiblecosts attributable to services year (FY) 2021, requires the NRC to Protection Notification provided to identifiable recipients.
recover, to the maximum extent XI. Congressional Review Act Under NEIMA, the NRC must recover, to practicable, approximately 100 percent XII. Voluntary Consensus Standards the maximum extent practicable, of its annual budget less certain XIII. Availability of Guidance approximately 100 percent of its annual XIV. Availability of Documents budget, less the budget authority for amounts excluded from this fee-recovery requirement. In addition, the I. Background; Statutory Authority excluded activities. Under Section NRC is also making improvements 102(b)(1)(B) of NEIMA, excluded A. Statutory Authority activities include any fee-relief activity associated with fee invoicing to implement provisions of NEIMA. Revised Fee-Recovery Framework for as identified by the Commission, FY 2021 and Subsequent Fiscal Years generic homeland security activities, DATES: This final rule is effective on waste incidental to reprocessing August 16, 2021. The NRC is amending the licensing, activities, Nuclear Waste Fund ADDRESSES: Please refer to Docket ID inspection, special project, and annual activities, advanced reactor regulatory NRC-2018-0292 when contacting the fees charged to its applicants and infrastructure activities, Inspector NRC about the availability of licensees. These amendments are General services for the Defense Nuclear information for this action. You may necessary to implement Public Law Facilities Safety Board, research and obtain publicly-available information 115-439, NEIMA (42 U.S.C. 2215). The development at universities in areas related to this action by any of the NEIMA fee-related changes, effective relevant to the NRCs mission, and a following methods: October 1, 2020, include (1) repealing nuclear science and engineering grant
- Federal Rulemaking Website: Go to the prior fee-recovery framework and program.
https://www.regulations.gov and search replacing it with a revised framework In FY 2021, the fee-relief activities for Docket ID NRC-2018-0292. Address and (2) requirements to improve the identified by the Commission are questions about NRC dockets to Dawn accuracy of invoices for service fees. consistent with prior final fee rules and Forder; telephone: 301-415-3407; Effective October 1, 2020, NEIMA include Agreement State oversight, email: Dawn.Forder@nrc.gov. For repealed Section 6101 of the Omnibus regulatory support to Agreement States, technical questions, contact the Budget Reconciliation Act of 1990, as medical isotope production individual listed in the FOR FURTHER amended (OBRA-90) (42 U.S.C. 2214), infrastructure, fee exemptions for non-INFORMATION CONTACT section of this and put in place a revised fee-recovery profit educational institutions, costs not final rule. framework for FY 2021 and subsequent recovered from small entities under
- NRCs Agencywide Documents fiscal years, requiring the NRC to § 171.16(c) of title 10 of the Code of Access and Management System recover, to the maximum extent Federal Regulations (10 CFR), generic (ADAMS): You may obtain publicly- practicable, approximately 100 percent decommissioning/reclamation activities, available documents online in the of its total budget authority for the fiscal the NRCs uranium recovery program ADAMS Public Documents collection at year, less the budget authority for and unregistered general licenses, https://www.nrc.gov/reading-rm/ excluded activities. For FYs 2005 potential U.S. Department of Defense adams.html. To begin the search, select through 2020, OBRA-90 required the Program Memorandum of Begin Web-based ADAMS Search. For NRC to recover through fees Understanding activities (Military problems with ADAMS, please contact approximately 90 percent of its budget Radium-226), and non-military radium the NRCs Public Document Room (PDR) authority for the fiscal year, less sites. In addition, for FY 2021, the reference staff at 1-800-397-4209, 301- amounts for the activities excluded from Commission identified international jbell on DSKJLSW7X2PROD with RULES2 415-4737, or by email to pdr.resource@ fee recovery under OBRA-90 or other activities, not including the resources nrc.gov. The ADAMS accession number legislation. The 10 percent of the for import and export licensing, as fee-for each document referenced (if it is remaining budget authority not relief activities to be excluded from the available in ADAMS) is provided the recovered through fees was historically fee-recovery requirement.
first time that it is mentioned in this referred to as fee-relief activities. In this Under NEIMA, the NRC must use its document. For the convenience of the final rule, the NRC has established a IOAA authority first to collect service VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32147 fees for NRC work that provides specific which fully satisfies Section 102(d)(1) how many hours are being expended on benefits to identifiable recipients (such and partially addresses Section each of the various activities within a as licensing work, inspections, and 102(d)(2) of NEIMA. The new project. To further these efforts, the NRC special projects). The NRCs regulations standardized process improved standardized its Cost Activity Codes in 10 CFR part 170, Fees for Facilities, accountability and oversight within the (CACs) for all agency activities to clearly Materials, Import and Export Licenses, NRC to ensure that fee billing data is provide licensees with consistent and Other Regulatory Services Under correct before appearing on a licensees descriptions of the work being the Atomic Energy Act of 1954, as invoice. Standardizing the fee validation performed across licensing actions, Amended, explain how the agency process defines roles and inspections, and over multiple dockets.
collects service fees from specific responsibilities for performing fee Invoices for service fees are now beneficiaries. Because the NRCs fee billing validation and certification; this presented in a more useful and readable recovery under the IOAA (10 CFR part standardization process also improves manner and hours and costs are no 170) will not equal 100 percent of the accountability and internal controls by longer commingled. As a result, the agencys total budget authority for the adding management oversight to NRCs invoices provide stakeholders fiscal year (less the budget authority for improve the accuracy of fee billing data. greater transparency regarding fees.
excluded activities), the NRC also The NRCs new process will lead to In addition, in October 2019, the NRC assesses annual fees under 10 CFR improved internal and external auditing released an electronic billing (eBilling) part 171, Annual Fees for Reactor of service fee invoices to ensure system. This public-facing, web-based Licenses and Fuel Cycle Licenses and accuracy, transparency, and fairness of application provides persons assessed Materials Licenses, Including Holders of invoices. The process requires offices service fees, including licensees, Certificates of Compliance, with fee billable charges to regularly immediate delivery of NRC invoices, Registrations, and Quality Assurance review and certify hours and costs to customizable email notifications, the Program Approvals and Government validate the charges before the NRC capability to view and analyze invoice Agencies Licensed by the NRC, to sends a bill for service fees. On an details, and access to the U.S.
recover the remaining amount necessary annual basis, external financial Department of the Treasury systems to to comply with NEIMA. statement auditors will conduct an audit In addition, Section 102(b)(3)(B)(i) of pay invoices. The eBilling application of a sample of invoices to determine provides persons assessed service fees, NEIMA establishes a new cap for the whether the NRC is accurately invoicing annual fees charged to operating reactor including licensees, increased billing in accordance with the NRCs fee process transparency and has increased licensees; under this provision, the schedules. Therefore, the NRCs annual fee for an operating reactor applicant and licensee confidence in the invoices will be reviewed and audited assessed fees and charges.
licensee, to the maximum extent by both internal and external parties.
practicable, shall not exceed the annual To address the third action, the NRC The second NEIMA accurate is modifying the regulations under 10 fee amount per operating reactor invoicing action also concerns the CFR chapter I to provide a standard licensee established in the FY 2015 final transparency and fairness of the overall process for licensees and applicants to fee rule (80 FR 37432; June 30, 2015),
billing process. The NRC is firmly efficiently dispute or otherwise seek adjusted for inflation (see Section II, committed to the application of fairness review and correction of errors in Discussion, FY 2021 Fee Collection and equity in the assessment of fees. All invoices for services fees (see Section II, Revised Annual Fees, of this final rule). 10 CFR part 170 service fees are Discussion, FY 2021Policy reassessed and published in the Federal Changes, of this final rule).
B. Accurate Invoicing Register on a yearly basis. In January Section 102(d) of NEIMA requires 2018, the NRC redesigned its invoices to II. Discussion three sets of actions related to NRC add clarity and transparency for its FY 2021 Fee CollectionOverview invoices for service fees assessed under stakeholders; new features included an 10 CFR part 170. First, as stated in invoice legend of NRC acronyms and The NRC is issuing this FY 2021 final Section 102(d)(1) of NEIMA, the NRC the names of individual NRC staff and/ fee rule based on the Consolidated must ensure appropriate review and or the contractor company, if applicable, Appropriations Act, 2021 (the enacted approval prior to the issuance of who had performed the work associated budget). The final fee rule reflects a total invoices for service fees. Second, as with the charges were added. In budget authority in the amount of stated in Section 102(d)(2) of NEIMA, addition, the NRCs staff hours and $844.4 million, a decrease of $11.2 the NRC must develop and implement contractor costs were listed separately million from FY 2020. As explained processes to audit invoices [for 10 CFR on invoices so the recipient could view previously, certain portions of the part 170 service fees] to ensure the subtotals for the two different NRCs total budget authority for the accuracy, transparency, and fairness. categories of costs. Finally, the NRC fiscal year are excluded from NEIMAs Third, as stated in Section 102(d)(3) of implemented a new data structure to fee-recovery requirement under Section NEIMA, the NRC is required to modify more effectively account for and track 102(b)(1)(B) of NEIMA. Based on the FY regulations to ensure fair and all billable work at the project level. The 2021 enacted budget, these exclusions appropriate processes to provide structure included a data element called total $123.0 million, consisting of $91.2 licensees and applicants an opportunity an Enterprise Project Identifier (EPID), million for fee-relief activities, $17.7 to efficiently dispute or otherwise seek which provides useful details regarding million for advanced reactor regulatory review and correction of errors in the type of project or work that is being infrastructure activities, $11.7 million invoices for service fees. billed. Inspection report numbers were for generic homeland security activities, jbell on DSKJLSW7X2PROD with RULES2 The NRC developed and implemented converted to EPIDs to provide more $1.2 million for waste incidental to process improvements to ensure information, and descriptions of reprocessing activities, and $1.2 million accurate invoicing for the first two inspection activities were added to the for Inspector General services for the actions. First, in July 2019, the NRC invoice. Using this data structure Defense Nuclear Facilities Safety Board.
implemented a new agencywide process enabled the NRCs licensees and other Table I summarizes the excluded to standardize the validation of fees, persons assessed service fees to identify activities for the FY 2021 final rule.
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32148 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations TABLE IEXCLUDED ACTIVITIES
[Dollars in millions]
FY 2021 final rule Fee-Relief Activities:
International activities (not including the resources for import and export licensing) .................................................................. $24.7 Agreement State oversight ........................................................................................................................................................... 10.4 Medical isotope production infrastructure .................................................................................................................................... 7.0 Fee exemption for nonprofit educational institutions ................................................................................................................... 9.3 Costs not recovered from small entities under 10 CFR 171.16(c) .............................................................................................. 7.8 Regulatory support to Agreement States ..................................................................................................................................... 12.3 Generic decommissioning/reclamation activities (not related to the operating power reactors and spent fuel storage fee classes) ..................................................................................................................................................................................... 14.9 Uranium recovery program and unregistered general licensees ................................................................................................. 3.7 Potential Department of Defense remediation program Memorandum of Understanding activities ........................................... 1.0 Non-military radium sites .............................................................................................................................................................. 0.2 Subtotal Fee-Relief Activities ....................................................................................................................................................... 91.2 Activities under Section 102(b)(1)(B)(ii) of NEIMA (Generic Homeland Security activities, Waste Incidental to Reprocessing ac-tivities, and the Defense Nuclear Facilities Safety Board) .............................................................................................................. 14.1 Advanced reactor regulatory infrastructure activities .......................................................................................................................... 17.7 Total Excluded Activities .............................................................................................................................................................. 123.0 After accounting for the exclusions recovered through 10 CFR part 171 direction for the NRC to use $35.0 from the fee-recovery requirement and annual fees. Table II summarizes the million in prior-year unobligated net billing adjustments (i.e., for FY 2021 fee-recovery amounts for the FY 2021 carryover funds, including $16.0 million invoices that the NRC estimates will not final fee rule using the enacted budget for the University Nuclear Leadership be paid during the fiscal year, less and takes into account the budget Program, which replaced the Integrated payments received in FY 2021 for prior authority for excluded activities and net University Program. The NRC does not year invoices and current year billing adjustments. For all information assess fees in the current fiscal year for collections made for the termination of presented in the following tables, any carryover funds because, consistent one operating power reactor), the NRC individual values may not sum to totals with the requirements of NEIMA, fees must recover approximately $708.0 due to rounding. Please see the work are calculated based on the budget million in fees in FY 2021. Of this papers (ADAMS Accession No. authority enacted for the current fiscal amount, the NRC estimates that $190.6 ML21119A024) for actual amounts.
year and fees were already assessed in million will be recovered through 10 In FY 2021, the explanatory statement CFR part 170 service fees and associated with the Consolidated the fiscal year in which the carryover approximately $517.4 million will be Appropriations Act, 2021, also includes funds were appropriated.
TABLE IIBUDGET AND FEE RECOVERY AMOUNTS 1
[Dollars in millions]
FY 2021 final rule Total Budget Authority ......................................................................................................................................................................... $844.4 Less Budget Authority for Excluded Activities: .................................................................................................................................... ¥123.0 Balance ......................................................................................................................................................................................... 721.4 Fee Recovery Percent ......................................................................................................................................................................... 100 Total Amount to be Recovered: .......................................................................................................................................................... 721.4 Less Estimated Amount to be Recovered through 10 CFR Part 170 Fees ................................................................................ ¥190.6 Estimated Amount to be Recovered through 10 CFR Part 171 Fees ......................................................................................... 530.8 10 CFR Part 171 Billing Adjustments:
Unpaid Current Year Invoices (estimated) ................................................................................................................................... 2.1 Less Current Year Collections from a Terminated ReactorIndian Point Nuclear Generating, Unit 2 in FY 2020 and Indian Point Nuclear Generating, Unit 3 in FY 2021 ........................................................................................................................... ¥2.7 Less Payments Received in Current Year for Previous Year Invoices (estimated) .................................................................... ¥12.8 Adjusted Amount to be Recovered through 10 CFR Parts 170 and 171 Fees .................................................................................. 708.0 Adjusted 10 CFR Part 171 Annual Fee Collections Required ............................................................................................................ $517.4 jbell on DSKJLSW7X2PROD with RULES2 1 For each table, numbers may not add due to rounding.
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32149 FY 2021 Fee CollectionProfessional The NRCs professional hourly rate is to hours is the product of the mission-Hourly Rate derived by adding budgeted resources direct FTE multiplied by the estimated The NRC uses a professional hourly for: (1) Mission-direct program salaries annual mission-direct FTE productive rate to assess fees under 10 CFR part 170 and benefits, (2) mission-indirect hours). The only budgeted resources for specific services it provides. The program support, and (3) agency excluded from the professional hourly professional hourly rate also helps support (corporate support and the rate are those for mission-direct contract determine flat fees (which are used for Inspector General). The NRC then resources, which are generally billed to the review of certain types of license subtracts certain offsetting receipts and licensees separately. The following applications). This rate is applicable to divides this total by the mission-direct shows the professional hourly rate all activities for which fees are assessed full-time equivalent (FTE) converted to calculation:
under §§ 170.21 and 170.31. hours (the mission-direct FTE converted Professional = Budgeted Resources $732.2 million
=------ = $288 Hourly Rate Mission-Direct FTE Converted to 1,684x1,510 Hours For FY 2021, the NRC is increasing FTE amount; therefore, as the number of The FY 2021 estimate for annual the professional hourly rate from $279 mission-direct FTE decrease the mission-direct FTE productive hours is to $288. The 3.2 percent increase in the professional hourly rate can increase. 1,510 hours0.0059 days <br />0.142 hours <br />8.43254e-4 weeks <br />1.94055e-4 months <br />, which is unchanged from FY 2021 professional hourly rate is The number of mission-direct FTE is FY 2020. This estimate, also referred to primarily due to a 2.1 percent increase expected to decline by 17, primarily due as the productive hours assumption, in budgetary resources of approximately to: (1) The completion of probabilistic reflects the average number of hours
$15.0 million. The increase in budgetary risk assessment reviews related to that a mission-direct employee spends resources is, in turn, primarily due to an lessons learned from the accident at on mission-direct work in a given year.
increase in salaries and benefits to Fukushima Dai-ichi in Japan; (2) the This estimate, therefore, excludes hours support Federal pay raises for NRC closure of Duane Arnold Energy Center charged to annual leave, sick leave, employees. The anticipated decline in (Duane Arnold); and (3) the reduced holidays, training, and general the number of mission-direct FTE workload associated with significance administrative tasks. Table III shows the compared to FY 2020 also contributed to the increase in the professional determinations, operating experience professional hourly rate calculation hourly rate. The professional hourly rate evaluations, and generic methodology. The FY 2020 amounts are is inversely related to the mission-direct communications development. provided for comparison purposes.
TABLE IIIPROFESSIONAL HOURLY RATE CALCULATION
[Dollars in millions, except as noted]
FY 2020 FY 2021 final rule final rule Mission-Direct Program Salaries & Benefits ........................................................................................................... $314.6 $335.3 Mission-Indirect Program Support ........................................................................................................................... $110.8 $113.2 Agency Support (Corporate Support and the IG) ................................................................................................... $291.5 $283.7 Subtotal ............................................................................................................................................................. $716.9 $732.2 Less Offsetting Receipts 2 ....................................................................................................................................... $0.0 $0.0 Total Budgeted Resources Included in Professional Hourly Rate .......................................................................... $716.9 $732.2 Mission-Direct FTE (Whole numbers) ..................................................................................................................... 1,701 1,684 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) ............................................................................................................................................................ 2,568,510 2,542,840 Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by Mission-Direct FTE Converted to Hours) (Whole Numbers) ............................................................................................ $279 $288 FY 2021 Fee CollectionFlat to applicants for materials licenses and NRC analyzes the actual hours spent Application Fee Changes other regulatory services, as well as to performing licensing actions and holders of materials licenses. The NRC estimates the five-year average of The NRC is amending the flat calculates these flat fees by multiplying professional staff hours that are needed application fees it charges in its the average professional staff hours to process licensing actions as part of its schedule of fees in §§ 170.21 and 170.31 needed to process the licensing actions biennial review of fees; these actions are to reflect the revised professional hourly by the professional hourly rate for FY required by Section 205(a) of the Chief rate of $288. The NRC charges these fees 2021. As part of its calculations, the Financial Officers Act of 1990 (31 U.S.C.
jbell on DSKJLSW7X2PROD with RULES2 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.
ER16JN21.000</GPH>
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 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32150 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 902(a)(8)). The NRC performed this § 170.31), as well as certain materials than the NRC. The NRC is allocating review in FY 2021 and will perform this licensing actions (see fee categories 1.C. this surcharge to its licensees based on review again in FY 2023. The biennial through 1.D., 2.B. through 2.F., 3.A. data available in the U.S. Department of review adjustments and the higher through 3.S., 4.B. through 5.A., 6.A. Energys (DOE) Manifest Information professional hourly rate of $288 are the through 9.D., 10.B., 15.A. through 15.L., Management System. This database primary reasons for the increase in flat 15.R., and 16 of § 170.31). Applications contains information on total LLW application fees (see the work papers). filed on or after the effective date of the volumes disposed of by four generator In order to simplify billing, the NRC FY 2021 final fee rule will be subject to classes: Academic, industrial, medical, rounds these flat fees to a minimal the revised fees in the final rule. and utility. The ratio of waste volumes degree. Specifically, the NRC rounds disposed of by these generator classes to FY 2021 Fee CollectionLow-Level these flat fees (up or down) in such a total LLW volumes disposed over a Waste Surcharge way that ensures both convenience for period of time is used to estimate the its stakeholders and that any rounding As in prior years, the NRC is assessing portion of this surcharge that will be effects are minimal. Accordingly, fees a generic low-level waste (LLW) allocated to the power reactors, fuel under $1,000 are rounded to the nearest surcharge of $3.4 million. Disposal of facilities, and the materials users fee
$10, fees between $1,000 and $100,000 LLW occurs at commercially-operated classes. The materials users fee class are rounded to the nearest $100, and LLW disposal facilities that are licensed portion is adjusted to account for the fees greater than $100,000 are rounded by either the NRC or an Agreement large percentage of materials licensees to the nearest $1,000. State. Four existing LLW disposal that are licensed by the Agreement The flat fees are applicable for import facilities in the United States accept States rather than the NRC.
and export licensing actions (see fee various types of LLW. All are located in Table IV shows the allocation of the categories K.1. through K.5. of § 170.21 Agreement States and, therefore, are LLW surcharge and its allocation across and fee categories 15.A. through 15.R. of regulated by an Agreement State, rather the various fee classes.
TABLE IVALLOCATION OF LLW SURCHARGE FY 2021
[Dollars in millions]
LLW Surcharge Fee classes Percent $
Operating Power Reactors ...................................................................................................................................... 87.5 $2.941 Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... 0.0 0.000 Non-Power Production or Utilization Facilities ........................................................................................................ 0.0 0.000 Fuel Facilities ........................................................................................................................................................... 9.9 0.333 Materials Users ........................................................................................................................................................ 2.6 0.087 Transportation .......................................................................................................................................................... 0.0 0.000 Rare Earth Facilities ................................................................................................................................................ 0.0 0.000 Uranium Recovery ................................................................................................................................................... 0.0 0.000 Total .................................................................................................................................................................. 100.0 3.361 FY 2021 Fee CollectionRevised number of NRC licensees in its fee from the FY 2020 final rule (see the Annual Fees calculation methodology. specific fee class sections for a The NRC is revising its annual fees in discussion of this decrease). The NRC, In accordance with SECY-05-0164, §§ 171.15 and 171.16 to recover therefore, must recover $517.4 million Annual Fee Calculation Method approximately 100 percent of the NRCs through annual fees from its licensees, (ADAMS Accession No. ML052580332), FY 2021 enacted budget (less the budget which is an increase of $9.5 million the NRC rebaselines its annual fees authority for excluded activities and the from the FY 2020 final rule.
every year. Rebaselining entails estimated amount to be recovered analyzing the budget in detail and then through 10 CFR part 170 fees). The total Table V shows the rebaselined fees for allocating the budgeted resources to estimated 10 CFR part 170 collections FY 2021 for a sample of licensee various classes or subclasses of for this final rule are $190.6 million, categories. The FY 2020 amounts are licensees. It also includes updating the which is a decrease of $29.6 million provided for comparison purposes.
TABLE VREBASELINED ANNUAL FEES
[Actual dollars]
FY 2020 FY 2021 final final Class/category of licenses annual fee annual fee
($) ($)
Operating Power Reactors ...................................................................................................................................... $4,621,000 $4,749,000 jbell on DSKJLSW7X2PROD with RULES2
+ Spent Fuel Storage/Reactor Decommissioning ................................................................................................... 188,000 237,000 Total, Combined Fee ........................................................................................................................................ 4,809,000 4,986,000 Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... 188,000 237,000 Non-Power Production or Utilization Facilities ........................................................................................................ 81,300 80,000 High Enriched Uranium Fuel Facility (Category 1.A.(1)(a)) .................................................................................... 5,067,000 4,643,000 Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b)) ..................................................................................... 1,717,000 1,573,000 VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32151 TABLE VREBASELINED ANNUAL FEESContinued
[Actual dollars]
FY 2020 FY 2021 final final Class/category of licenses annual fee annual fee
($) ($)
Uranium Enrichment (Category 1.E) ....................................................................................................................... 2,208,000 2,023,000 UF6 Conversion and Deconversion Facility (Category 2.A.(1) ............................................................................... 510,000 467,000 Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .......................................................................................... 49,200 47,200 Typical Users:
Radiographers (Category 3O) .......................................................................................................................... 29,900 29,100 All Other Specific Byproduct Material Licensees (Category 3P) ..................................................................... 9,700 9,900 Medical Other (Category 7C) ........................................................................................................................... 14,800 16,800 Device/Product Safety EvaluationBroad (Category 9A) ............................................................................... 13,800 17,900 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. The NRC will collect $441.7 million allocates the budgeted resources for For more information about detailed fee in annual fees from the operating power each class of licensees and calculates calculations for each class, please reactors fee class in FY 2021, as shown the fees. consult the accompanying work papers in Table VI. The FY 2020 operating Paragraphs a. through h. of this for this final rule. power reactors fees are shown for section describe the budgeted resources comparison purposes.
TABLE VIANNUAL FEE
SUMMARY
CALCULATIONS FOR OPERATING POWER REACTORS
[Dollars in millions]
FY 2020 FY 2021 Summary fee calculations final final Total budgeted resources ........................................................................................................................................ $623.9 $611.8 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥186.7 ¥161.6 Net 10 CFR part 171 resources ....................................................................................................................... 437.2 450.2 Allocated generic transportation .............................................................................................................................. 0.2 0.3 Fee-relief adjustment ............................................................................................................................................... ¥1.2 N/A Allocated LLW surcharge ........................................................................................................................................ 3.1 2.9 Billing adjustment ..................................................................................................................................................... 2.4 ¥9.1 Adjustment: Estimated current year collections from terminated reactor (Indian Point Generating, Unit 2 in FY 2020 and Indian Point Generating, Unit 3 in FY 2021) ....................................................................................... ¥2.7 ¥2.7 Total required annual fee recovery .................................................................................................................. 439.0 441.7 Total operating reactors ................................................................................................................................... 95 93 Annual fee per reactor ............................................................................................................................................. $4.621 $4.749 In comparison to FY 2020, the FY due to the shutdown of Indian Point that were deferred due to the COVID-19 2021 annual fee for the operating power Unit 3. These components are discussed pandemic.
reactors fee class is increasing primarily in the following paragraphs. In addition, as a result of the revised due to the following: (1) The decline in The 10 CFR part 170 estimated fee-recovery framework under NEIMA, 10 CFR part 170 estimated billings; (2) billings declined primarily due to the the FY 2021 annual fee increased due to the reduction in the total number of following: (1) The decrease due to the the absence of the fee-relief credit that operating power reactors due to the plant closures; (2) the completion of was provided in FY 2020 as part of the closure of Duane Arnold and Indian construction activities at Vogtle Electric fee-relief adjustment. Because NEIMA Point Energy Center (Indian Point Unit Generating Plant, Unit 3 (Vogtle Unit 3); eliminated the approximately 90 3); and (3) the absence of the fee-relief (3) the completion of the NuScale small percent requirement for fee recovery credit that was provided in FY 2020 as modular reactor (SMR) design and, in turn, the 10 percent limit on fee-part of the fee-relief adjustment. The certification review; and (4) the impact relief activities, the NRC will no longer increase in the annual fee for the of continued travel restrictions and provide a fee-relief credit or assess a fee-operating power reactors fee class is limited on-site presence on inspection relief surcharge as part of the partially offset due to the following: (1) activities due to the COVID-19 calculation of annual fees for each The decrease in budgeted resources; (2) pandemic. This decrease in the 10 CFR licensee fee class.
the 10 CFR part 171 billing adjustment part 170 estimated billings is partially The increase in the annual fee is jbell on DSKJLSW7X2PROD with RULES2 that was included in the operating offset by increased work to support the partially offset by a decline in FTEs power reactors fee class calculation due following: (1) The review of the Oklo associated with changes in workload, to the deferral of annual fees and fees Power LLC combined license (COL) including, but not limited to, the for services due to the coronavirus application for the Aurora micro reactor, following: (1) The completion of disease (COVID-19) pandemic; and (3) which was docketed in June 2020; and probabilistic risk assessment reviews the current year collection adjustment (2) rescheduled inspection activities related to lessons learned from the VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32152 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations accident at Fukushima Dai-ichi in reactors compared to FY 2020 due to the resulting from licensees leaving the fee Japan; (2) the closure of Duane Arnold; closure of Duane Arnold and Indian class and help the NRC continue to (3) reduced workload associated with Point Unit 3, resulting in an annual fee develop budgets that account for a fee significance determinations, operating of $4,749,000 per reactor. Additionally, class with a declining number of experience evaluations, and generic each licensed operating power reactor is licensees. Although the FY 2021 CBJ communications development; (4) the assessed the FY 2021 spent fuel storage/ included the estimated operating power completion of the NuScale SMR design reactor decommissioning annual fee of reactors annual fee, the assumptions certification review; (5) a decrease in $237,000 (see Table VII and the made between budget formulation and licensing actions and reduced demand discussion that follows). The combined the development of the FY 2021 final for operator licensing and vendor FY 2021 annual fee for each operating rule have changed, as shown in Table inspection work resulting from the power reactor is $4,986,000. VI.
completion of construction of Vogtle The NRC included an estimate of the In FY 2016, the NRC amended its Unit 3; and (6) decreases in research operating power reactors annual fee in Appendix C, Estimated Operating licensing, inspection, and annual fee workload in areas of flooding, high Power Reactors Annual Fee, of the FY regulations to establish a variable energy arc faulting testing, and the near 2021 Congressional Budget Justification annual fee structure for light-water completion of the Level 3 probabilistic (CBJ), with the intent to increase SMRs (81 FR 32617). Under the variable risk assessment project. The decrease in transparency with stakeholders. The annual fee structure, an SMRs annual the budgeted resources is offset by an NRC developed this estimate based on fee would be assessed as a function of increase for certain contract costs due to the staffs allocation of the FY 2021 its bundled licensed thermal power a reduction in the utilization of prior-budget request to fee classes under 10 rating. Currently, there are no operating year unobligated carryover funding and CFR part 170, and allocations within the SMRs; therefore, the NRC will not assess an increase in the fully-costed FTE rate operating power reactors fee class under an annual fee in FY 2021 for this type compared to FY 2020.
In addition, the increase in the annual 10 CFR part 171. In addition, the of licensee.
fee is partially offset by the $9,143,303 estimated annual fee assumed 93 b. Spent Fuel Storage/Reactor billing adjustment that was included in operating power reactors in FY 2021 Decommissioning the operating power reactors calculation and applied various data assumptions due to the deferral of annual fees and from the FY 2019 final fee rule (84 FR The NRC will collect $28.9 million in fees for services due to the COVID-19 22331; May 17, 2019). Based on these annual fees from 10 CFR part 50 power pandemic, and a $2,700,000 current allocations and assumptions, the reactor licensees, and from 10 CFR part year collection adjustment in the operating power reactor annual fee 72 licensees that do not hold a 10 CFR operating power reactors fee class included in the FY 2021 CBJ was part 50 license, to recover the budgeted calculation due to the shutdown of estimated to be $4.8 million, resources for the spent fuel storage/
Indian Point Unit 3. approximately $0.6 million below the reactor decommissioning fee class in FY The fee-recoverable budgeted FY 2015 operating power reactors 2021, as shown in Table VII. The FY resources are divided equally among the annual fee amount adjusted for inflation 2020 spent fuel storage/reactor 93 licensed operating power reactors, a of $5.4 million. Collectively, these decommissioning fees are shown for decrease of two operating power actions serve to mitigate impacts comparison purposes.
TABLE VIIANNUAL FEE
SUMMARY
CALCULATIONS FOR SPENT FUEL STORAGE/REACTOR DECOMMISSIONING
[Dollars in millions]
FY 2020 FY 2021 Summary fee calculations final final Total budgeted resources ........................................................................................................................................ $37.9 $42.2 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥15.9 ¥13.8 Net 10 CFR part 171 resources ....................................................................................................................... 22.1 28.4 Allocated generic transportation costs .................................................................................................................... 0.8 1.1 Fee-relief adjustment ............................................................................................................................................... ¥0.1 N/A Billing adjustments ................................................................................................................................................... 0.1 ¥0.6 Total required annual fee recovery .................................................................................................................. 22.9 28.9 Total spent fuel storage facilities ...................................................................................................................... 122 122 Annual fee per facility .............................................................................................................................................. $0.188 $0.237 In comparison to FY 2020, the FY fees for services due to the COVID-19 waste research activities associated with 2021 annual fee for the spent fuel pandemic. These components are accident tolerant fuel, high burnup, and storage/reactor decommissioning fee discussed in the following paragraphs. enrichment extension fuels.
class is increasing primarily due to the The budgeted resources for the spent The 10 CFR part 170 estimated increase in the budgeted resources and fuel storage/reactor decommissioning billings for FY 2021 decreased primarily the decline in the 10 CFR part 170 fee class increased primarily to support due to the following: (1) A reduction in estimated billings. This increase is jbell on DSKJLSW7X2PROD with RULES2 the following: (1) Decommissioning hours associated with the staffs review partially offset by the 10 CFR part 171 activities associated with power reactors of applications for renewals and billing adjustment that was included in in decommissioning, including the amendments for independent spent fuel the spent fuel storage/reactor transition of Duane Arnold from storage installation (ISFSI) licenses and decommissioning fee class calculation operation to the power reactor dry cask storage certificates of due to the deferral of annual fees and decommissioning program; and (2) compliance (CoCs); (2) the near VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32153 completion of the staffs review of the activities for ISFSI licenses and dry cask spent fuel storage/reactor Interim Storage Partners consolidated storage CoCs; (2) the staffs safety and decommissioning calculation due to the interim storage facility application; (3) environmental review of the Holtec HI- deferral of annual fees and fees for the completion of certain follow-up STORE consolidated interim storage services due to the COVID-19 inspections and other inspection facility application; (3) the staffs review pandemic.
activities for San Onofre Nuclear of topical reports; and (4) The required annual fee recovery Generating Station; (4) the completion decommissioning activities within the amount is divided equally among 122 of licensing actions, partial site release power reactor decommissioning licensees, resulting in a FY 2021 annual requests, and a decrease in confirmatory program, including the review of fee of $237,000 per licensee.
survey work at multiple sites; and (5) decommissioning license amendment
- c. Fuel Facilities the near completion of the license requests, exemption requests, and termination for the La Crosse Boiling inspection activities at multiple sites. The NRC will collect $17.5 million in Water Reactor. This decrease in the 10 The increase in the annual fee is annual fees from the fuel facilities fee CFR part 170 estimated billings is partially offset by an approximate $0.6 class in FY 2021, as shown in Table partially offset by increased work to million 10 CFR part 171 billing VIII. The FY 2020 fuel facilities fees are support the following: (1) Inspection adjustment that was included in the shown for comparison purposes.
TABLE VIIIANNUAL FEE
SUMMARY
CALCULATIONS FOR FUEL FACILITIES
[Dollars in millions]
FY 2020 FY 2021 Summary fee calculations final final Total budgeted resources ........................................................................................................................................ $23.2 $23.3 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥6.8 ¥7.3 Net 10 CFR part 171 resources ....................................................................................................................... 16.5 16.0 Allocated generic transportation .............................................................................................................................. 1.1 1.5 Fee-relief adjustment ............................................................................................................................................... ¥0.1 N/A Allocated LLW surcharge ........................................................................................................................................ 0.4 0.3 Billing adjustments ................................................................................................................................................... 0.1 ¥0.4 Total remaining required annual fee recovery ........................................................................................................ $18.0 $17.5 In comparison to FY 2020, the FY million billing adjustment was included (these effort levels are reflected in Table 2021 annual fee for the fuel facilities fee in the fuel facilities calculation due to IX). The annual fees are then distributed class is decreasing primarily due to the the deferral of annual fees and fees for across the fee class based on the increase in 10 CFR part 170 estimated services due to the COVID-19 regulatory effort assigned by the matrix.
billings and the 10 CFR part 171 billing pandemic. The effort factors in the matrix represent adjustment that was included in the fuel The decrease in the annual fee is regulatory effort that is not recovered facilities calculation due to the deferral offset, in part, by an increase in the through 10 CFR part 170 fees (e.g.,
of annual fees and fees for services due resources for contract costs budgeted for rulemaking, guidance). Regulatory effort to the COVID-19 pandemic. The the fuel facilities fee class primarily due for activities that are subject to 10 CFR decrease in the annual fee is offset by an to a reduction in the utilization of prior- part 170 fees, such as the number of increase in the budgeted resources as year unobligated carryover compared to inspections, is not applicable to the discussed in the following paragraphs. FY 2020. effort factor.
The 10 CFR part 170 estimated The NRC will continue allocating In addition, the NRC has added an billings increased as a result of the annual fees to individual fuel facility annual fee for fee category 1.A.(2),
following: (1) The increased workload to licensees based on the effort/fee Limited Operations, in anticipation support the staffs review of a license determination matrix developed in the that the NRC may decide to issue a amendment application associated with FY 1999 final fee rule (64 FR 31447; license amendment in the future that high assay low-enriched uranium and June 10, 1999). To briefly recap, the would move a licensee to the Limited the associated security plans, and (2) the matrix groups licensees within this fee Operations fee category from the 1.E, review of the Westinghouse class into various fee categories. The Uranium Enrichment fee category environmental impact statement being matrix lists processes that are conducted because the NRC has received an developed for the license renewal at licensed sites and assigns effort amendment application to a fuel facility application. As part of the final annual factors for the safety and safeguards license that, if granted, would authorize fee calculation, an approximate $0.4 activities associated with each process a significantly smaller operating facility.
TABLE IXEFFORT FACTORS FOR FUEL FACILITIES, FY 2021 Effort factors Facility type Number of (fee category) facilities Safety Safeguards jbell on DSKJLSW7X2PROD with RULES2 High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... 2 88 91 Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... 3 70 21 Limited Operations (1.A.(2)(a)) .................................................................................................... 1 3 17 Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. 0 0 0 Hot Cell (and others) (1.A.(2)(c)) ................................................................................................. 0 0 0 VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32154 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations TABLE IXEFFORT FACTORS FOR FUEL FACILITIES, FY 2021Continued Effort factors Facility type Number of (fee category) facilities Safety Safeguards Uranium Enrichment (1.E.) .......................................................................................................... 1 16 23 UF6 Conversion and Deconversion (2.A.(1)) ............................................................................... 1 7 2 In FY 2021, the total remaining total regulatory effort for safety its percentage of the total regulatory amount of annual fees to be recovered, activities. Similarly, the NRC allocates effort for both safety and safeguards
$17.5 million, is attributable to safety the budgeted resources to be recovered activities. The annual fee per licensee is activities, safeguards activities, and the as annual fees for safeguards activities, then calculated by dividing the total LLW surcharge. For FY 2021, the total $7.8 million, to each fee category based allocated budgeted resources for the fee budgeted resources to be recovered as on its percentage of the total regulatory category by the number of licensees in annual fees for safety activities are $9.4 effort for safeguards activities. Finally, that fee category. The fee for each million. To calculate the annual fee, the the fuel facilities fee class portion of the facility is summarized in Table X.
NRC allocates this amount to each fee LLW surcharge$0.3 millionis category based on its percentage of the allocated to each fee category based on TABLE XANNUAL FEES FOR FUEL FACILITIES
[Actual dollars]
FY 2020 FY 2021 Facility type final final (fee category) annual fee annual fee High-Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................ $5,067,000 $4,643,000 Low-Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................................. 1,717,000 1,573,000 Facilities with limited operations (1.A.(2)(a)) ........................................................................................................... N/A 1,037,000 Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .......................................................................................... N/A N/A Hot Cell (and others) (1.A.(2)(c)) ............................................................................................................................. N/A N/A Uranium Enrichment (1.E.) ...................................................................................................................................... 2,208,000 2,023,000 UF6 Conversion and Deconversion (2.A.(1)) .......................................................................................................... 510,000 467,000
- d. Uranium Recovery Facilities facilities fee class in FY 2021, as shown recovery facilities fees are shown for The NRC will collect $0.2 million in in Table XI. The FY 2020 uranium comparison purposes.
annual fees from the uranium recovery TABLE XIANNUAL FEE
SUMMARY
CALCULATIONS FOR URANIUM RECOVERY FACILITIES
[Dollars in millions]
FY 2020 FY 2021 Summary fee calculations final final Total budgeted resources ........................................................................................................................................ $0.6 $0.5 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥0.4 ¥0.3 Net 10 CFR part 171 resources ....................................................................................................................... 0.2 0.2 Allocated generic transportation .............................................................................................................................. N/A N/A Fee-relief adjustment ............................................................................................................................................... 0.0 N/A Billing adjustments ................................................................................................................................................... 0.0 0.0 Total required annual fee recovery ......................................................................................................................... 0.2 0.2 In comparison to FY 2020, the FY (UMTRCA).3 The annual fee assessed to of the remaining budgeted resources for 2021 annual fee for the uranium DOE includes the resources specifically this fee class. The NRC described the recovery facilities fee class is decreasing budgeted for the NRCs UMTRCA Title overall methodology for determining primarily due to a decline in the I and II activities, as well as 10 percent fees for UMTRCA in the FY 2002 fee budgeted resources because of an rule (67 FR 42625; June 24, 2002), and expected decrease in casework 3 Congress established the two programs, Title I the NRC continues to use this associated with uranium recovery and Title II, under UMTRCA to protect the public methodology. The DOEs UMTRCA policy issues, environmental review and the environment from hazards associated with jbell on DSKJLSW7X2PROD with RULES2 uranium milling. The UMTRCA Title I program is annual fee is decreasing compared to FY coordination activities, and guidance for remedial action at abandoned mill tailings sites 2020 due to an increase in the 10 CFR development. where tailings resulted largely from production of part 170 estimated billings for the The NRC regulates DOEs Title I and uranium for weapons programs. The NRC also anticipated workload increases at regulates DOEs UMTRCA Title II program, which Title II activities under the Uranium is directed toward uranium mill sites licensed by various DOE UMTRCA sites. The NRC Mill Tailings Radiation Control Act the NRC or Agreement States in or after 1978. assesses the remaining 90 percent of its VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32155 budgeted resources to the remaining the work papers. This is reflected in licensee in this fee class, as described in Table XII:
TABLE XIICOSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FACILITIES FEE CLASS
[Actual dollars]
FY 2020 FY 2021 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 resources less 10 CFR part 170 receipts ........................................... $114,577 $111,536 10 percent of generic/other uranium recovery budgeted resources ................................................................ 5,573 5,241 10 percent of uranium recovery fee-relief adjustment ..................................................................................... ¥107 N/A Total Annual Fee Amount for DOE (rounded) ........................................................................................................ $120,000 $117,000 Annual Fee Amount for Other Uranium Recovery Licenses:
90 percent of generic/other uranium recovery budgeted resources less the amounts specifically budgeted for UMTRCA Title I and Title II activities ...................................................................................................... $50,153 $47,166 90 percent of uranium recovery fee-relief adjustment ..................................................................................... ¥959 N/A Total Annual Fee Amount for Other Uranium Recovery Licenses $49,194 $47,166 Further, for any non-DOE licensees, recovery licensees first identifies the benefit these licensees, along with each the NRC will continue using a matrix to licensee categories included within this activitys relative weight (see the work determine the effort levels associated fee class (excluding DOE). These papers). Currently, there is only one with conducting generic regulatory categories are: Conventional uranium remaining non-DOE licensee, which is a actions for the different licensees in the mills and heap leach facilities, uranium basic in situ recovery facility. Table XIII uranium recovery facilities fee class; in situ recovery (ISR) and resin ISR displays the benefit factors for the non-this is similar to the NRCs approach for facilities, and mill tailings disposal DOE licensee in that fee category:
fuel facilities, described previously. The facilities. The matrix identifies the types matrix methodology for uranium of operating activities that support and TABLE XIIIBENEFIT FACTORS FOR URANIUM RECOVERY LICENSES Number of Benefit factor Benefit factor Fee category Total value licensees per 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 2020 FY 2021 Facility type final final (fee category) annual fee annual 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 $47,200 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. Non-Power Production or Utilization class in FY 2021, as shown in Table XV. power production and utilization Facilities The non-power production or facilities expected to be used for the utilization facilities fee class replaces production of medical isotopes. The jbell on DSKJLSW7X2PROD with RULES2 The NRC will collect $0.320 million the research and test reactor fee class final FY 2020 research and test reactors in annual fees from the non-power from previous fiscal years. This revised fees are shown for comparison production or utilization facilities fee fee class accounts for commercial non- purposes.
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32156 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations TABLE XVANNUAL FEE
SUMMARY
CALCULATIONS FOR NON-POWER PRODUCTION OR UTILIZATION FACILITIES
[Actual dollars]
Summary fee calculations FY 2020 final FY 2021 final Total budgeted resources ........................................................................................................................................ $3,317,830 $2,896,754 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥3,030,000 ¥2,576,000 Net 10 CFR part 171 resources ....................................................................................................................... 287,830 320,754 Allocated generic transportation .............................................................................................................................. 30,713 4,330 Fee-relief adjustment ............................................................................................................................................... ¥6,183 N/A Billing adjustments ................................................................................................................................................... 12,980 ¥4,391 Total required annual fee recovery .................................................................................................................. 325,341 320,141 Total non-power production or utilization facilities licenses ............................................................................. 4 4 Total annual fee per license (rounded) ................................................................................................................... $81,300 $80,000 In comparison to FY 2020, the associated with the four non-power and results in an FY 2021 annual fee of budgetary resources for the non-power production or utilization facilities $80,000 for each licensee.
production or utilization facilities fee licensees subject to annual fees f. Rare Earth class is primarily decreasing with increased to support the following: (1) respect to the medical isotope Activities associated with the review of The NRC has not allocated any production facilities due to the near the GE Nuclear Test Reactor license budgeted resources to this fee class; completion of the activities associated renewal application; and (2) activities therefore, the NRC is not assessing an with the staffs review of the operating associated with the review of a complex annual fee for this fee class in FY 2021.
license application for SHINE Medical license amendment for the National g. Materials Users Technologies, LLC (SHINE). In addition, Institute of Standards and Technology the 10 CFR part 170 estimated billings The NRC will collect $35.3 million in Neutron Reactor.
are declining within the fee class as a annual fees from materials users result of delayed submittals associated The annual fee-recovery amount is licensed under 10 CFR parts 30, 40, and with medical isotope production divided equally among the four non- 70, as shown in Table XVI. The FY 2020 facilities by various applicants. The 10 power production or utilization materials users fees are shown for CFR part 170 estimated billings facilities licensees subject to annual fees comparison purposes.
TABLE XVIANNUAL FEE
SUMMARY
CALCULATIONS FOR MATERIALS USERS
[Dollars in millions]
Summary fee calculations FY 2020 final FY 2021 final Total budgeted resources for licensees not regulated by Agreement States ......................................................... $33.7 $35.1 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥1.0 ¥1.0 Net 10 CFR part 171 resources ....................................................................................................................... 32.8 34.1 Allocated generic transportation .............................................................................................................................. 1.2 1.5 Fee-relief adjustment ............................................................................................................................................... 0.0 N/A LLW surcharge ........................................................................................................................................................ 0.0 0.1 Billing adjustments ................................................................................................................................................... 0.1 ¥0.4 Total required annual fee recovery .................................................................................................................. $34.1 $35.3 The formula for calculating 10 CFR application fees and estimated activities. In addition, annual fees are part 171 annual fees for the various inspection costs for each fee category. increasing for 11 fee categories within categories of materials users is described Because the application fees and the materials users fee class due to the in detail in the work papers. Generally, inspection costs are indicative of the following: (1) An increase in the fully-the calculation results in a single annual complexity of the materials license, this costed FTE rate compared to FY 2020; fee that includes 10 CFR part 170 costs, approach provides a proxy for allocating (2) an increase in the budgeted such as amendments, renewals, the generic and other regulatory costs to resources for contract costs due to a inspections, and other licensing actions the diverse fee categories. This fee reduction in the utilization of prior-year specific to individual fee categories. calculation method also considers the unobligated carryover funding The total annual fee recovery of $35.3 inspection frequency (priority), which is compared to FY 2020; (3) the million for FY 2021 shown in Table XVI indicative of the safety risk and realignment of budgeted resources that consists of $27.6 million for general resulting regulatory costs associated supports contract funding for general costs and $7.7 million for inspection with the categories of licenses.
license tracking, the materials event costs. To equitably and fairly allocate In comparison to FY 2020, annual fees database, and rulemaking information jbell on DSKJLSW7X2PROD with RULES2 the $35.3 million required to be are decreasing for 42 fee categories technology activities; (4) changes as a collected among approximately 2,500 within the materials users fee class to diverse materials users licensees, the reflect changes as a result of the biennial result of the biennial review of fees, NRC continues to calculate the annual review of fees, which included an which included an examination of the fees for each fee category within this examination of the average professional average professional hours for licensing class based on the 10 CFR part 170 hours for licensing and oversight and oversight activities; and (5) an VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32157 increase in generic transportation costs inspections, expressed in years. The of approximately $0.087 million in LLW for materials users. inspection multiplier is established in surcharge costs allocated to the A constant multiplier is established to order to recover the $7.7 million in materials users fee class (see Table IV, recover the total general costs (including inspection costs. To derive the Allocation of LLW Surcharge, FY allocated generic transportation costs) of inspection multiplier, the inspection 2021, in Section II, Discussion, of
$27.6 million. To derive the constant costs amount is divided by the sum of this document). The annual fee for each multiplier, the general cost amount is all fee categories (inspection fee divided fee category is shown in the revision to divided by the sum of all fee categories by inspection priority) then multiplied § 171.16(d).
(application fee plus the inspection fee by the number of licensees. This divided by inspection priority) then calculation results in an inspection h. Transportation multiplied by the number of licensees. multiplier of 1.43 for FY 2021. The This calculation results in a constant unique category costs are any special The NRC will collect $1.4 million in multiplier of 1.0 for FY 2021. The costs that the NRC has budgeted for a annual fees to recover generic average inspection cost is the average specific category of licenses. Please see transportation budgeted resources in FY inspection hours for each fee category the work papers for more detail about 2021, as shown in Table XVII. The FY multiplied by the professional hourly this classification. 2020 fees are shown for comparison rate of $288. The inspection priority is The annual fee being assessed to each purposes.
the interval between routine licensee also takes into account a share TABLE XVIIANNUAL FEE
SUMMARY
CALCULATIONS FOR TRANSPORTATION
[Dollars in millions]
Summary fee calculations FY 2020 final FY 2021 final Total budgeted resources ........................................................................................................................................ $7.2 $8.3 Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥2.8 ¥2.3 Net 10 CFR part 171 resources ....................................................................................................................... 4.4 5.9 Less generic transportation resources .................................................................................................................... ¥3.4 ¥4.5 Fee-relief adjustment ............................................................................................................................................... 0.0 N/A Billing adjustments ................................................................................................................................................... 0.0 ¥0.1 Total required annual fee recovery .................................................................................................................. $1.0 $1.4 In comparison to FY 2020, the annual transportation fee class calculation due in Table XVIII. Note that for the non-fee for the transportation fee class is to the deferral of annual fees and fees power production or utilization increasing primarily due to the for services due to the COVID-19 facilities fee class, the NRC allocates the following: (1) The decline in 10 CFR pandemic. distribution to only those licensees that part 170 estimated billings related to Consistent with the policy established are subject to annual fees. Although five delays in new amendment packages; in the NRCs FY 2006 final fee rule (71 CoCs benefit the entire non-power and (2) an increase in the budgeted FR 30721; May 30, 2006), the NRC production or utilization facilities fee resources for contract costs due to a recovers generic transportation costs class, only 4 out of 31 non-power unrelated to DOE by including those reduction in the utilization of prior-year production or utilization facilities costs in the annual fees for licensee fee unobligated carryover funding licensees are subject to annual fees.
classes. The NRC continues to assess a compared to FY 2020, an increase in the separate annual fee under § 171.16, fee Consequently, the number of CoCs used number and complexities of category 18.A., for DOE transportation to determine the proportion of generic transportation package applications as a activities. The amount of the allocated transportation resources allocated to result of an increase in the number of generic resources is calculated by annual fees for the non-power power reactors in decommissioning, and multiplying the percentage of total CoCs production or utilization facilities fee the expanded use of accident tolerant used by each fee class (and DOE) by the class has been adjusted to 0.7 so these fuels. The increase in the annual fee is total generic transportation resources to licensees are charged a fair and partially offset by an approximate $0.1 be recovered. equitable portion of the total fees (see million 10 CFR part 171 billing This resource distribution to the the work papers).
adjustment that was included in the licensee fee classes and DOE is shown TABLE XVIIIDISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2021
[Dollars in millions]
Number Allocated of CoCs Percentage of generic Licensee fee class/DOE benefiting total CoCs transportation fee class resources or DOE jbell on DSKJLSW7X2PROD with RULES2 Materials Users ............................................................................................................................ 23.0 25.9 1.5 Operating Power Reactors .......................................................................................................... 5.0 5.6 0.3 Spent Fuel Storage/Reactor Decommissioning .......................................................................... 16.0 18.0 1.1 Non-Power Production or Utilization Facilities ............................................................................ 0.7 0.7 0.0 Fuel Facilities ............................................................................................................................... 23.0 25.9 1.5 Sub-Total of Generic Transportation Resources ......................................................................... 67.7 76.3 4.5 VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32158 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations TABLE XVIIIDISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2021Continued
[Dollars in millions]
Number Allocated of CoCs Percentage of generic Licensee fee class/DOE benefiting total CoCs transportation fee class resources or DOE DOE ............................................................................................................................................. 21.0 23.7 1.4 Total ...................................................................................................................................... 88.7 100.0 5.9 The NRC assesses an annual fee to is revising its regulations. Specifically final fee rule (85 FR 37250; June 19, DOE based on the 10 CFR part 71 CoCs the NRC is revising § 15.31, Disputed 2020) that amended the timing of the it holds. The NRC, therefore, does not debts, with conforming amendments in assessment of annual fees for future 10 allocate these DOE-related resources to §§ 15.37, Interest, penalties, and CFR part 50 power reactors and 10 CFR other licensees annual fees because administrative costs, and 15.53, part 52 COL holders.
these resources specifically support Reasons for suspending collection Currently, § 171.15(a) requires the DOE. action, and changing the heading for NRC to assess annual fees to a test or FY 2021Policy Changes § 170.51, Right to review and appeal of research reactor (excluding test or prescribed fees, to Right to dispute research reactors exempted under The NRC is making two policy assessed fees. The NRC is also adding § 171.11(b)) when the NRC authorizes changes for FY 2021: a new section, § 171.26, Right to the licensee to use nuclear materials Process for Disputing Errors in Invoices dispute assessed fees, to 10 CFR part (i.e., begin operating the reactor in for Service Fees 171. These changes outline the accordance with its license). Prior to interactions between the submitter and this final rule, the NRC had not Section 102(d)(3) of NEIMA requires the NRC. The process will enhance established a policy for assessing 10 the NRC to modify regulations to understanding of the dispute process by CFR part 171 annual fees to future non-ensure fair and appropriate processes to setting out the process for submitting a reactor NPUF licensees (e.g., SHINE); at provide licensees and applicants an fee dispute, the stages of the this time, the NRC currently assesses opportunity to efficiently dispute or decisionmaking process while the only 10 CFR part 170 service fees to otherwise seek review and correction of dispute is under review, and the manner prospective applicants for errors in invoices for service fees. The by which the NRC will notify a debtor preapplication activities, construction NRC is implementing requirements for a standard method for licensees and after it makes a final determination on permit holders (i.e., SHINE and applicants to efficiently dispute or seek a dispute. Additionally, these Northwest Medical Isotopes, LLC review and correction of errors in amendments provide consistent (NWMI)) and applicants for operating invoices. The process being terminology to differentiate fee disputes licenses (i.e., SHINE) for commercial implemented is illustrated in the under 10 CFR part 15 from fee NPUFs, as well as certain operating non-process map, NRC Form 529, exemptions under 10 CFR parts 170 and power production or utilization Processing Dispute of Fees-For-Service 171. facilities not exempted under § 170.11.
Charges (ADAMS Accession No. While the NRCs fee regulations do not Assessment of Annual Fees for Future ML20311A159). This process follows include a fee class for future non-reactor 10 CFR Part 50 Non-Power Production the established method for licensees and NPUF licensees, the NRC historically or Utilization Facility Licensees and for applicants to submit requests for the has included budgeted resources for Small Modular Reactor Licensees review of fees assessed under 10 CFR NWMI and SHINE within the research part 170 (ADAMS Accession No. The NRC is amending § 171.15(a) so and test reactor fee class. The budgeted ML20104C055). The NRC Form 529 will that the assessment of annual fees resources for NWMI and SHINE not be available in the agencys eBilling commences after future non-power recovered in 10 CFR part 170 service system and on the agencys public production or utilization facility (NPUF) fees previously were included in fee-website, and can be found under licensees have successfully completed relief. These resources for the ADAMS Accession No. ML20339A673. startup testing and have provided development of a medical isotope Standard use of an NRC form and written notification to the NRC. In production infrastructure are now amendments to the current regulations addition, the NRC is renaming the excluded from the fee-recovery in § 15.31 will increase efficiency by research and test reactors fee class the requirement under NEIMA as a fee-relief providing the licensees and applicants non-power production or utilization activity identified by the Commission.
with clear guidelines and expectations facilities fee class, which would In anticipation that the NRC may for submitting a fee dispute. It also include currently operating research decide to issue an operating license in eliminates ambiguity regarding the and test reactors and future NPUFs, the future, the NRC is revising its appropriate information needed for the such as non-reactor NPUF technologies. regulations to provide for the NRC to consider and make a Finally, the NRC is amending assessment of annual fees to NPUFs determination on a fee dispute. § 171.15(e) so that the assessment of under § 171.15(a) when they have jbell on DSKJLSW7X2PROD with RULES2 In response to NEIMAs requirement annual fees for a SMR licensee notified the NRC of the successful that the NRC modify its regulations to commences after the successful completion of startup testing. This final provide licensees and applicants an completion of power ascension testing rule uses the term non-power opportunity to efficiently dispute or and the licensee provides written production or utilization facility to otherwise seek review and correction of notification to the NRC. These policy have the same meaning as the definition errors in service fee invoices, the NRC changes are consistent with the FY 2020 used in SECY-19-0062, Final Rule:
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32159 Non-power Production or Utilization for an SMR site. The annual fee would Definitions, § 171.3, Scope, § 171.5, Facility License Renewal (ADAMS be determined using the cumulative Definitions, and § 171.17, Accession No. ML18031A000), dated licensed thermal power rating of all Proration.
June 17, 2019.4 The definition includes SMR units and the bundled unit FY 2021Administrative Changes production or utilization facilities, concept. For a given site, the use of the licensed under § 50.21(a) or (c), or bundled unit concept is independent of The NRC is making seven
§ 50.22, as applicable, that are not the number of SMR plants, the number administrative changes:
nuclear power reactors or production of SMR licenses issued, and the 1. Change Small Entity Fees.
facilities within the meaning of sequencing of the SMR licenses that As stated in SECY-08-0174, Fiscal paragraphs (1) and (2) of § 50.2, which have been issued. There are currently no Year 2009 Proposed Fee Rule and defines production facility. This operating SMRs; therefore, the NRC has Advance Rulemaking for Grid-definition includes currently operating not yet assessed an annual fee for this Appropriate Reactor Fees, dated and future research and test reactors and type of licensee. November 7, 2008 (ADAMS Accession proposed medical radioisotope facilities The NRC recognizes that, after the No. ML083120518), the NRC that would be licensed under 10 CFR issuance of an operating license under determined that the maximum small part 50. As such, non-reactor NPUF 10 CFR part 50 for NPUFs and SMRs, or entity fee should be adjusted biennially licensees, such as SHINE, would be a COL and § 52.103(g) finding under 10 using a fixed percentage of 39 percent included in the same annual fee class as CFR part 52 for SMRs, fuel or targets (or applied to the prior two-year weighted currently operating research and test both) must be loaded and startup testing average of materials users fees for all reactors that pay 10 CFR part 171 (for NPUFs) and power ascension fee categories that have small entity annual fees. This approach is consistent testing (for SMRs) must be completed licensees. The 39 percent was based on with the current approach of combining before the facility begins full licensed the small entity annual fee for FY 2005, limited numbers of similar facilities into operation. As discussed in the statement which was the first year the NRC was a single annual fee category, where test of considerations for the FY 2020 final required to recover only 90 percent of reactors (of which only one is currently fee rule, 10 CFR part 52 COLs for power its budget authority. This methodology operational) are assessed the same 10 reactors contain a standard license remains in place; however, the NRC CFR part 171 annual fees as research condition that requires the submittal of does also consider whether or not reactors. In addition, the NRC expects written notification to the NRC upon implementing an increase will have a that NPUF facilities will request that a successful completion of power disproportionate impact on the NRCs single license under 10 CFR part 50 ascension testing. Therefore, the NRC small entity licensees when compared authorize the operation of multiple will incorporate a similar license to other licensees. Therefore, the utilization and/or production facilities. condition into all future 10 CFR part 50 increase for the upper and lower tier Based on the number of facilities operating licenses for NPUFs and SMRs, fees were capped at a 21 percent authorized to operate under a single and 10 CFR part 52 COLs for SMRs to increase.
ensure that the licensee will promptly For the FY 2021 proposed fee rule (86 license, the number of staff hours notify the NRC of the successful FR 10459; February 22, 2021), the NRC dedicated to licensing and oversight completion of startup testing or power conducted a biennial review of small activities for these facilities is not ascension testing. The annual fee entity fees to determine whether the expected to differ significantly assessment for future NPUFs and SMR NRC should change those fees. The NRC compared to those for the current licenses under 10 CFR part 50, and used the fee methodology, developed in operating fleet of NPUFs. Furthermore, SMRs under 10 CFR part 52, will begin FY 2009, which applies a fixed stakeholders have previously supported on the date of the licensees written percentage of 39 percent to the prior this approach regarding the assessment notification of the successful two-year weighted average of materials of 10 CFR part 171 annual fees for future completion of startup testing or power users fees, when performing its biennial NPUFs. Therefore, a single annual fee ascension testing. review. Based on this methodology and would be appropriate even where an Accordingly, the NRC is amending as a result of the FY 2021 biennial NPUF licensee has multiple facilities
§ 171.15(a) and (e) so that annual fees review, the NRC is increasing the upper operating under a single 10 CFR part 50 commence upon written notification to tier small entity fee from $4,500 to license. the NRC of successful completion of SMR licenses can be issued under 10 $4,900 and increasing the lower tier fee startup testing and power ascension from $900 to $1,000. This constitutes a CFR part 50 or 52. Currently, § 171.15 testing, rather than upon issuance of the 9 percent and 11 percent increase, requires the NRC to assess annual fees operating license for 10 CFR part 50 respectively. The NRC believes these to a 10 CFR part 50 SMR licensee upon NPUFs and SMRs, or issuance of the fees are reasonable and provide relief to issuance of an operating license, or to a
§ 52.103(g) finding for 10 CFR part 52 small entities, while at the same time 10 CFR part 52 SMR COL holder after COL holders for SMRs, but upon written recovering from those licensees some of the Commission has made the finding notification to the NRC of successful the NRCs costs for activities that benefit under § 52.103(g) for all licenses held completion of startup testing and/or them.
4 The NPUF draft final rule would also revise the power ascension testing. The NRC finds 2. Amend § 170.1, Purpose, to definition of research reactor in §§ 170.3 and 171.5 this change to 10 CFR part 171 to be change the reference to the Independent to conform to other definitions in 10 CFR chapter reasonable, fair, and equitable, and to be Offices Appropriation Act, 1952.
I. The NRC is not proposing to change the definition supported by the public comments the The NRC is amending § 170.1 to of Research reactor in the specific exemption for NRC received on PRM-171-1, which replace the of after Independent federally-owned and State-owned research reactors in § 170.11(a)(9) or § 171.11(b)(2). The current was submitted by Dr. Michael D. Meier Offices Appropriation Act with a jbell on DSKJLSW7X2PROD with RULES2 definition in § 171.11(b)(2) is based on the language on behalf of the Southern Nuclear comma to make the reference to the of OBRA-90. Further, a substantively similar Operating Company (ADAMS Accession legislation consistent with references in definition of research reactor was included in the No. ML19081A015), and on the FY 2020 other NRC contexts.
provisions of NEIMA that relate to the NRCs fee recovery structure. Changing the definition of proposed fee rule (85 FR 9328; February 3. Amend § 170.3, Definitions, to research reactor in § 171.11(b)(2) would therefore 18, 2020). The NRC is also making eliminate definitions for Balance of be inconsistent with NEIMA. conforming changes by revising § 170.3, plants, Nuclear Steam Supply VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32160 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations System, and Reference systems This change accurately reflects that even Amend the Receipts-Based NRC Size concept. when an exemption is in the public Standards, to the Commission The NRC is amending § 170.3 to interest, the NRC cannot grant the (ADAMS Accession No. ML20268B327) eliminate definitions for Balance of exemption unless it is authorized by with the staffs recommendations for plants, Nuclear Steam Supply law. This change also harmonizes amending the NRCs receipts-based size System, and Reference systems § 171.11(c) with § 170.11(b), which uses standards. In the SRM for SECY concept. These definitions are no and. This change does not alter the 0111 (ADAMS Accession No.
longer applicable in 10 CFR part 170. NRCs fee exemption policy. ML21029A186), the Commission These definitions were added in the FY 7. Technical Correction. approved the staffs recommendation to 1977 final fee rule (43 FR 7210; March The NRC is making a technical initiate a rulemaking to amend the 23, 1978) to resolve issues concerning correction to the program codes NRCs small business size standards in assessing fees for balance of plant referenced in §§ 170.31 and 171.16. §§ 2.810 and 171.16(c) to comply with reviews, related to a previous fee Under §§ 170.31 and 171.16, the NRC is the Small Business Runway Extension category (category A.4.b in the table at removing program code 03252 since it is Act of 2018 (Runway Act) and related
§ 170.21 for standardized design- no longer in use for fee category 3(I).
SBA regulations and to reflect inflation reference systems concept), that was not Under § 171.16, the NRC is replacing the adjustments. The NRC is currently in subject to full cost recovery. In the FY program codes referenced for fee the process of developing the proposed 1991 final fee rule, the NRC amended 10 category 3(A)(1) with 04010, 04012, and rule. The NRC will continue to include CFR parts 52 and 170 to assess licensing 04014 to reflect the correct program codes that should be cited for this fee updates on this rulemaking activity fees for the review of standardized category. Currently, 3(A)(1) references within the FY 2021 and FY 2022 fee reactor designs, which would be subject program codes 03211, 03212 and 03213. rules to ensure that affected licensees to full cost recovery (56 FR 31472; July 10, 1991). This amendment to eliminate The NRC is also removing program are adequately informed. The public can these definitions will not impact the 03235 referenced in fee category 4(A) track all NRC rulemaking activities, NRCs assessment of 10 CFR part 170 since it is used as a secondary program including the rulemaking on the NRCs fees for service. code and no fees are charged to this size standards, on the NRCs
- 4. Remove footnote 6 to the table in code. Rulemaking Tracking and Reporting
§ 170.21, and footnote 12 to the table in system at https://www.nrc.gov/reading-Update on the Fees Transformation rm/doc-collections/rulemaking-
§ 170.31.
The NRC is removing footnote 6 to the Initiative ruleforum/active/RuleIndex.html, or by table in § 170.21 and footnote 12 to the In the staff requirements Docket ID NRC-2014-0264 at http://
table in § 170.31 because (1) Congress memorandum (SRM), dated October 19, www.regulations.gov.
has not enacted legislation that would 2016 (ADAMS Accession No. For more information, see the fees exclude import and export activities ML16293A902), for SECY-16-0097, transformation accomplishments from the fee-recoverable budget in FY Fee Setting Improvements and Fiscal schedule, located on the NRCs license 2021; and (2) in accordance with Year 2017 Proposed Fee Rule (ADAMS fees web page at: https://www.nrc.gov/
NEIMA, for FY 2021, the NRC identified Accession No. ML16194A365), the about-nrc/regulatory/licensing/fees-international activities as fee-relief Commission directed the staff to transformation-accomplishments.html.
activities, but it did not include accelerate its process improvements for resources for import and export setting fees. In addition, the III. Public Comment Analysis licensing. The NRC, therefore, will Commission directed the staff to begin the fees transformation activities listed Overview of Public Comments charge fees for import and export licensing actions. in SECY-16-0097 as Process Changes The NRC published a proposed rule
- 5. Amend § 171.5, Definitions, to Recommended for Future on February 22, 2021 (86 FR 10459), and replace the reference in Budget ConsiderationFY 2018 and Beyond. requested public comment on its authority. The NRC has completed 39 of the 40 proposed revisions to 10 CFR parts 15, The NRC is amending the definition fees transformation activities. 170, and 171. By the close of the of budget authority to replace the The one fees transformation activity comment period, the NRC received eight reference to Public Law 101-508 (i.e., yet to be completed is the rulemaking to written comment submissions on the FY OBRA-90) with a reference to Public update the NRCs small business size standards in § 2.810, NRC size 2021 proposed rule. In general, the Law 115-439 (i.e., NEIMA). Effective commenters were supportive of the October 1, 2020, NEIMA repealed standards. In FY 2020, the NRC conducted a survey of materials specific proposed regulatory changes.
Section 6101 of OBRA-90 and put in Some commenters expressed concerns place a revised fee-recovery framework, licensees to collect relevant data to help determine the need for changes to the about broader fee-policy issues related requiring the NRC to recover, to the NRCs small business size standards in to transparency, the overall size of the maximum extent practicable,
§ 2.810. In addition, the NRC considered NRCs budget, fairness of fees, and approximately 100 percent of its annual changes in the small business size budget formulation. Some commenters budget, less the budget authority for standards published by the Small concerns were outside the scope of the excluded activities.
- 6. Amend § 171.11(c), Exemptions. Business Administration (SBA). On fee rule.
The NRC is revising § 171.11(c) to December 7, 2020, the staff submitted The commenters are listed in Table change the or in the section to and. SECY-20-0111, Rulemaking Plan to XIX.
jbell on DSKJLSW7X2PROD with RULES2 TABLE XIXFY 2021 PROPOSED FEE RULE COMMENTER SUBMISSIONS ADAMS Commenter Affiliation accession No.
Andrew Straw ............................................ N/A ............................................................................................................................... ML21064A398.
M. Keller .................................................... Hybrid Power Technologies LLC ................................................................................ ML21064A399 VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32161 TABLE XIXFY 2021 PROPOSED FEE RULE COMMENTER SUBMISSIONSContinued ADAMS Commenter Affiliation accession No.
Matthew Ostdiek ........................................ Rendezvous Engineering, P.C. (RE) .......................................................................... ML21077A246 Gary Peters ............................................... Framatome .................................................................................................................. ML21082A394 Jennifer Uhle ............................................. Nuclear Energy Institute (NEI) .................................................................................... ML21084A747 Cheryl Gayheart ........................................ Southern Nuclear Operating Company (SNC) ............................................................ ML21084A747 Bradley Fewell ........................................... Exelon Generation Company (Exelon) ....................................................................... ML21085A680 Anonymous ................................................ N/A ............................................................................................................................... ML21090A120 Information about obtaining the services. Under the IOAA, fees must be plant fee class from which over 85% of complete text of the comment fair and based on the costs to the service fees are collected, where Part submissions is available in Section XIV, Government and value of the service to 170 service fee collections have Availability of Documents, of this the recipient. Additionally, under decreased by 45%. While there has been document. NEIMA, the NRC is required to recover a reduction in the NRC operating plant through fees, to the maximum extent budget during this time, the reduction IV. Public Comments and NRC practicable, approximately 100 percent has not kept pace with the reduction in Responses of its annual budget authority, less the operating plant service fee collections.
The NRC has carefully considered the budget authority for excluded activities. As a result, a greater percentage of the public comments received on the Under NEIMA the NRC must also use its budget is required to be recovered proposed rule. The comments have been IOAA authority first to collect 10 CFR through annual fees. The percentage of organized by topic. Comments from a part 170 service fees for NRC work that the operating plant budget that is single commenter have been quoted to provides specific benefits to identifiable derived from annual fees (currently at ensure accuracy; brackets within those recipients, such as licensing activities, 73%) continues to increase; up from comments are used to show changes inspections, and special projects. 62% in FY 2016. As noted in the fee that have been made to the quoted To comply with these laws, the NRC rule notices and associated work papers, comments. The NRC responses are establishes a professional hourly rate for the reductions in service fee collections preceded by a short summary of the its work. Consistent with the IOAA, the in recent years have been attributable, in issues raised by the commenters. professional hourly rate is derived by part, to plant closures. These closures adding budgeted resources for: (1) were announced well in advance and A. Overhead Costs Mission-direct program salaries and should have enabled adjustments to be Comment: The NRC fees are wildly benefits; (2) mission-indirect program made to properly align the NRC budget excessive relative to private industry. support; and (3) agency support, which to reflect smaller projected workloads.
The NRC fee is more than engineering includes corporate support and the With a number of announced nuclear firm senior executives would charge a Inspector General. The NRC then plant closures in FY 2022 and client. There is simply no question that subtracts certain offsetting receipts and subsequent years, the downward trend the NRC bureaucracy is vast and divides this total by the mission-direct in Part 170 service fee collections will requires an extremely high overhead FTE converted to hours (the mission- continue. It is not realistic to expect a cost be attached to the direct cost direct FTE converted to hours is the decreasing number of operating plants associated with NRC staff carrying out product of the mission-direct FTE to support a budget that, on a per plant review activities. The NRC fee creates a multiplied by the estimated annual basis, is appreciably increasing. The yearly charge that is more than the mission-direct FTE productive hours). anticipated reduction in Part 170 service salary of the U.S. president. As long as The only budgeted resources excluded fee collections places a strong obligation significantly excessive fees are charged, from the professional hourly rate are on the NRC to ensure that staffing levels there appears to be no incentive for the those for contract activities related to and budgets are properly aligned to NRC to reduce the overhead bloat, the mission-direct contract resources, which reflect smaller projected workloads. The proposed fee should be reduced by at are generally billed to licensees NRC should take all necessary steps to least 5% every year until the fee is more separately. Because the NRCs fee continue and expedite its efficiency similar to that of private industry doing recovery under the IOAA (10 CFR part efforts. Given the maturity of the U.S.
similar work. (M. Keller) 170) will not equal 100 percent of the nuclear fleet, in combination with its Response: The NRC is a Federal agencys total budget authority for the high level of operational performance agency tasked with protecting the health fiscal year (less the budget authority for and a demonstrated level of safety, and safety of the public and the excluded activities), the NRC also timely reductions in unnecessary common defense and security, and there assesses annual fees under 10 CFR part regulatory burden are appropriate. We is no equivalent role found in private 171 to recover the remaining amount are encouraged by efforts underway to industry. Unlike private industry, all necessary to comply with NEIMA. transform NRC into a modern risk-fees that the NRC assesses to applicants No change was made to the final rule informed regulator. It is imperative that and licensees must conform to statutory in response to this comment. these efforts continue. (NEI) requirements under the IOAA and Response: The relationship between NEIMA. In other words, the fees that the B. Operating Power Reactors Decline in 10 CFR part 170 (service fees) relative to the Budget and 10 CFR Part 170 jbell on DSKJLSW7X2PROD with RULES2 NRC charges are based in part on 10 CFR part 171 (annual fees) is requirements that would not be Estimated Billings workload-driven. The activities covered reflected in the fees charged by private Comment: Over the past five years, by 10 CFR part 171 annual fees are engineering firms. Part 170 service fee collections have necessary for the NRC to accomplish its The IOAA prescribes the framework decreased by over 20%. This reduction safety and security mission as described for charging fees for government is even more dramatic for the operating and justified in the CBJ. The amount of VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32162 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations service fees collected under 10 CFR part However, the NRC budget is not linearly meeting to discuss the FY 2021 170, on the other hand, depends on proportional to the size of the operating proposed fee rule. (Exelon) several factors, including the power reactor fleet, as there is a cost for Response: The NRC disagrees with the professional hourly rate, licensee and the infrastructure that must be commenters suggestion that the applicant decisions to pursue licensing maintained independent of the number allocation of service fees versus annual actions, and the number of hours of operating power reactors in the fleet. fees in the FY 2021 proposed fee rule necessary to resolve any licensing The NRC is required by NEIMA to might be inconsistent with actions. recover, to the maximum extent congressional intent underlying NEIMA.
Since FY 2016, the fee class budget practicable, approximately 100 percent Under NEIMA, the NRC is still required for operating power reactors has of its annual budget authority, less the to recover through fees the total decreased from $750.4 million in FY budget authority for excluded activities. appropriated budget (with the exception 2016 to $611.8 million in FY 2021. This NEIMA also caps the per-licensee of discrete categories of budget represents a reduction of $138.6 million, annual fee for operating reactors, to the authority), and to do so through a or approximately 18 percent, as a result maximum extent practicable, at the FY combination of both service fees and of the decreasing number of nuclear 2015 annual fee amount as adjusted for annual fees. Specifically, NEIMA power reactor licensees, application inflation. The NRC continues to requires the NRC to recover, to the delays and withdrawals, fewer license evaluate resource requirements and maximum extent practicable, amendment requests being submitted, adjustments that can be made to refine approximately 100 percent of its total efficiencies gained with the merger of the operating power reactors budget. budget authority for the fiscal year, less the Office of Nuclear Reactor Regulation Finally, the NRC remains committed the budget authority for excluded and the Office of New Reactors, and to providing enhanced transparency activities.
long-term project completions. Over this The NRC is fully in compliance with throughout the development of the same period, the 10 CFR part 170 NEIMA. The NRC identified fee-relief annual fee rule and supporting work estimated billings for the operating activities in the FY 2021 CBJ (which papers.
power reactors fee class have declined were consistent with the fee-relief No changes were made to this final from $287.8 million in FY 2016 to activities identified in the FY 2020 fee rule as a result of these comments. rule, with the exception of international
$157.0 million in FY 2021, which Comment: The FY 2021 Proposed activities, not including the resources represents a decline of $130.8 million, Fee Rule continues to shift the burden for import and export licensing) and the or approximately 45 percent. As compared to FY 2016, the operating created by overestimating Part 170 fee FY 2021 final fee rule maintains those power reactors fee class annual fee has collections reflected in the NRCs same fee-relief activities. The declined from $465.9 million in FY appropriated budget to the recovery of Congressional report referenced by the 2016 to $446.8 million in FY 2021, Part 171 annual fees. While Exelon commenter as support for the which represents a decrease of $19.1 appreciates the challenge of precisely proposition that NEIMA was intended million, or approximately 4 percent. estimating the amount of Part 170 fees to provide the NRC significantly These changes in the budgetary that will be recovered two years in greater flexibilities regarding fee resources and the 10 CFR part 170 advance due to the budget cycle, we collection is not a conference report, but estimated billings, as well as other note that this is precisely the problem rather a report issued by the Senate adjustments (including billing that NEIMA intended to address. The Committee on Environment and Public adjustments, generic transportation, and Conference Report for NEIMA describes Works (Senate Report 115-86). At the the LLW surcharge) and the elimination exactly this challenge in explaining the time when the bill was reported by the of the fee-relief surcharge or credit in FY basis for the law: Several problems Senate Committee on Environment and 2021, alter the amount of fee- arise from [the OBRA-90] structure. If Public Works, the bill would have recoverable budgeted resources that are the NRC overestimates the amount of limited fee-relief activities to those required to be collected through 10 CFR revenue it expect [sic] to collect under identified in the FY 2015 final fee rule.
part 171 annual fees from the operating Part 170, it must recover the resulting This is inconsistent with the power reactors fee class. revenue shortfall through Part 171 fees commenters suggestion that this With respect to expediting efficiency in order to meet the OBRA-90 mandate Congressional report reflects an intent efforts, the NRC continues to review its for 90 percent fee recovery. The for NEIMA to provide the NRC with budget and pursue additional efficiency Congress noted that this situation greater flexibility in determining what improvements related to budget highlight[s] the need for the NRC to portions of the appropriated budget are formulation such as pursuing the use of budget more accurately and recover fees recovered through fees. The analytical tools (e.g., dashboards), to for work that is actually conducted. It Congressional report in fact contains help the NRC analyze and report data is clear, therefore, that Congress statements reflecting an intention that quicker and more consistently and to designed NEIMA with the existing the NRC, under NEIMA, would collect support a more efficient and risk- challenges of the budget cycle in mind. fees based on the agencys workload, but informed budget formulation process. Notwithstanding Congresss clear intent the amount not recovered through fees When formulating the budget, the NRC in this regard, the FY 2021 Proposed Fee would generally be unaffected. For takes into consideration: (1) Projected Rule would continue to shift the example, the report states that operating power plant closures; (2) impacts of Part 170 overbudgeting to [c]onsistent with current practice, the workload forecasting, including Part 171 annual fees, which does not taxpayer continues to pay only for the workload drivers, analysis of historical appear to take advantage of the items explicitly outlined in the law as data and trends, and communication significantly greater flexibilities in appropriated items and the rest of the jbell on DSKJLSW7X2PROD with RULES2 with stakeholders; (3) the estimated NEIMA with respect to the portions of NRCs budget is to be recovered through level of effort for regulatory activities its appropriated budget that the NRC fees[;] [a]s such, the cost to the taxpayer and yearly recurring activities; and (4) must collect through fees. In addition is generally unaffected but the fee other external factors that may impact to this comment submission, this recovery will be determined by the how the NRC meets its statutory response addresses similar comments agencys workload rather than a responsibilities as the industry changes. made during the March 18, 2021, public mandated percentage.
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32163 The FY 2021 CBJ provided the power plant closures and other external Response: The NRC disagrees with the agencys explanation and justification factors when estimating workload commenters suggestion that NEIMA for the resources being requested to changes in a manner that allows the allows for the NRC to provide fee-relief allow the agency to complete its agency to meet its statutory adjustments that would give licensees a mission, and the reason for changes in responsibilities as the industry changes. possible credit or surcharge like under the budget request for the NRC as The NRC also seeks information from the OBRA-90 framework. NEIMA compared to the prior year, at the licensees and other entities relevant to requires the NRC to recover, to the business line and product line levels. projected workload through public maximum extent practicable, Appendix C of the FY 2021 CBJ was meetings and other forms of public approximately 100 percent of its total included with the intent to increase outreach, to better inform the NRCs budget authority for the fiscal year, less transparency with stakeholders. The budget formulation workload the budget authority for excluded NRC developed this estimate based on assumptions. Ultimately, however, the activities, one of which is fee-relief the NRC staffs allocation of the FY 2021 NRC budget is not linearly proportional activities as identified by the budget request to fee classes under 10 to the size of the operating fleet, as there Commission. Under NEIMA the NRC CFR part 170 and allocations within the is a cost for the agency infrastructure must also use its IOAA authority first to operating power reactors fee class under that must be maintained independent of collect 10 CFR part 170 service fees for 10 CFR part 171, as well as certain data the number of operating power reactors NRC work that provides specific assumptions and historical information in the fleet. benefits to identifiable recipients, such available during the FY 2021 budget No changes were made to this final as licensing activities, inspections, and formulation process. rule as a result of these comments. special projects.
Consistent with NEIMA, when Eliminating the fee-relief adjustment developing the annual fee rule, the NRC C. Fee-Relief Adjustment and NEIMA increases the predictability for licensees had to take into account changes that in forecasting their annual fees. The Comment: In the FY 2021 Proposed occurred in the two-year interval NRC discussed the elimination of the 10 Fee Rule, the NRC did not make a fee-between the development of the FY percent fee-relief credit or surcharge in relief adjustment that it has made in 2021 budget request, which began in FY FY 2021 during the FY 2020 proposed past years on the basis that [b]ecause 2019, and the enactment of the FY 2021 fee rule public meeting on March 5, NEIMA eliminated the approximately appropriation in December 2020. As 2020 (ADAMS Accession No.
90 percent requirement for fee recovery ML20077G458), where the agency part of the development of the annual fee rule, the NRC estimates the amount and, in turn, the 10 percent limit on fee- explained how the elimination of the of 10 CFR part 170 service fees by each relief activities, the NRC will no longer credit or surcharge would make a fee class by analyzing billing data and provide a fee-relief credit or assess a fee- licensees annual fees more predictable.
the actual cost of work under NRC relief surcharge as part of the For example, if the FY 2021 fee rule contracts that was charged to licensees calculation of annual fees for each had, hypothetically, remained governed and applicants for the previous four licensee fee class. However, nowhere by OBRA-90 and the 10 percent quarters. The estimate, therefore, in NEIMA itself nor in the legislative allowance for fee relief specified in reflects any recent changes in the NRCs history did Congress direct the NRC to OBRA-90 applied, there would have regulatory activities. eliminate fee-relief adjustments. NEIMA been a surcharge of $9.9 million to all The FY 2021 proposed rule utilized specifically requires the deduction of licensees in the FY 2021 fee rule. The four quarters of the prior year invoice any fee relief activity, as identified by NRCs FY 2021 appropriation totaled data, while the NRC is using a the Commission, which seems on its $844.4 million, so a 10 percent combination of two quarters of the prior face to provide significant flexibility to allowance would have resulted in $81.3 year and two quarters of the current year the Commission to make necessary million for fee-relief activities. However, billing data (which is also updated to adjustments since any fee relief the FY 2021 proposed fee rule and reflect workload changes) for the FY activity is not defined in the statute or supporting work papers illustrate that 2021 final rule. In the FY 2021 proposed the legislative history. The Proposed Fee the NRCs budget for fee-relief activities fee rule, the 10 CFR part 170 estimated Rule expressly acknowledges that the during FY 2021 totaled $91.2 million for billings were $157.0 million compared exclusion of fee relief activities is activities not attributable to an existing to the $188.3 million that was included required by NEIMA as part of Excluded licensee or class of licensees and in the FY 2021 CBJ. The decline in 10 Activities to be excluded from fee activities not assessed fees based on CFR part 170 estimated billings was recovery. But as explained in the existing law or Commission policy. This primarily due to: (1) The plant closures Proposed Fee Rule, [i]n FY 2021, the would have resulted in an overage of of Indian Point Unit 3 in April 2021 and fee-relief activities identified by the $9.9 million if the OBRA-90 framework Duane Arnold in October 2020; (2) the Commission are consistent with prior applied.
completion of construction activities at final fee rules with the exception of In addition, the commenter suggests Vogtle Unit 3; (3) the completion of the some international activities. In other that the NRC should put in fee-relief NuScale SMR design certification words, while NEIMA made it possible activities (instead of 10 CFR part 171 review; and (4) the impact of continued for the NRC to define fee relief annual fees) the budgeted resources that travel restrictions and limited on-site activities in a way that could have were anticipated to be used for 10 CFR presence on inspection activities due to accounted for Part 170 over-budgeting, part 170 work (e.g., licensing and the COVID-19 pandemic. the Proposed Rule essentially maintains oversight regulatory activities), but will The NRC continues to actively the same constraints that existed under ultimately not be used for 10 CFR part evaluate resource requirements to OBRA-90. This interpretation was not 170 work this fiscal year (i.e., the jbell on DSKJLSW7X2PROD with RULES2 address changes that occur between mandated by Congress, nor does it differences in the 10 CFR part 170 budget formulation and execution, and appear to align with the NRCs overall estimated billings shown in Appendix C to pursue improvements that enhance vision to become a modern, risk- of the FY 2021 CBJ compared to the FY the accuracy of projections used in informed regulator that values 2021 final fee rule). These resources budget formulation. For example, the innovative approaches to problem were anticipated to be used for 10 CFR NRC considers projected operating solving. (Exelon) part 170 work for the operating power VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32164 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations reactors fee class as shown in Appendix limitation of Corporate Support costs as Section 102(a)(3) of NEIMA as it C of the CBJ, which was developed a percentage of total budget authority, to pertains to the corporate support cap based on the NRC staffs allocation of the maximum extent practicable. Exelon applicable to the annual budget the FY 2021 budget request to fee suggests that the fee rule explain justification does not apply to the classes under 10 CFR part 170 and whether the Corporate Support costs are annual fee rule. In the FY 2021 allocations within the operating power under the NEIMA limit. NRC should proposed fee rule and supporting work reactors fee class under 10 CFR part 171, also demonstrate, either in the fee rule papers, the NRCs professional hourly as well as certain data assumptions and or the work papers, how the Corporate rate calculation was derived by adding, historical information that was available Support cost as a percentage of total in part, resources for agency support, during the FY 2021 budget formulation budget authority is determined. For FY which include both corporate support process. Consistent with NEIMA, when 2021, NEIMA limits Corporate Support and the Inspector General. The agency developing the annual fee rule, the NRC costs (to the maximum extent support (corporate support and the had to take into account changes that practicable) to 30 percent of the NRCs Inspector General) resources in the FY occurred in the two-year interval total budget authority. During the March 2021 proposed fee rule total $283.7 between the development of the FY 18, 2021 NRC public meeting on the million, or approximately 34 percent 2021 budget request, which began in FY Proposed Fee Rule, the staff explained when dividing by $844.4 million. In 2019, and the enactment of the FY 2021 that Corporate Support costs for FY2021 addition, the NRCs overall budget appropriation in December 2020. In totaled 31% of the agencys overall authority was reduced by $19.0 million developing the FY 2021 fee rule, the budget. However, the work papers for (and Congress, in turn, directed the NRC NRC estimated the amount of 10 CFR the determination of the professional to use carryover funding, as further part 170 service fees by each fee class hourly rate includes approximately discussed in the FY 2021 Fee by analyzing billing data and the actual $284M for Corporate Support (with IG), CollectionOverview section of this cost of work under NRC contracts that which amounts to approximately 34% document). Also, the FY 2021 fee rule was charged to licensees and applicants of the overall budget authority of is based on the enacted budget, not the for the previous four quarters. Because $844M. The NRC should clearly explain budget request. The agency will the NRCs fee recovery under the IOAA in the fee rule how it arrived at the 31% continue efforts to implement (10 CFR part 170) will not equal 100 allocation that it described during the efficiencies and invest resources in percent of the agencys total budget public meeting. (Exelon) initiatives that will result in future authority for the fiscal year (less the savings in corporate support activities.
Response: Section 102(a)(3) of NEIMA No changes were made to this final budget authority for excluded requires that, to the maximum extent rule as a result of these comments.
activities), the NRC must assess annual practicable, the corporate support costs fees under 10 CFR part 171 to recover E. 10 CFR Part 171 Operating Power requested in the annual budget the remaining amount necessary to Reactors Fee Class Invoicing justification provided to Congress not comply with NEIMA. NEIMA requires exceed a specified percentage of the Comment: As noted in the Proposed the NRC to establish a schedule of total budget authority requested for the Fee Rule, NRC has improved the annual fees that fairly and equitably allocates budgeted resources. While NRC in its annual budget justification accuracy and clarity of Part 170 service these resources were anticipated to be (Section 102(a)(3)(A) includes the fee invoicing, e.g., via internal auditing used for 10 CFR part 170 work for the percentage applicable to the annual and development of Enterprise Project operating power reactors fee class, the budget justification for FY 2021). As Identifiers (EPID). Exelon acknowledges resources have been shifted to being stated in the Executive Summary to the and salutes the NRCs success in this used for work that is recovered through FY 2021 CBJ, the corporate support area. However, as accuracy and clarity 10 CFR part 171 because it will benefit request was approximately 31 percent of in hourly fees collected under Part 170 the operating power reactors fee class. the agencys total requested budget has increased, the actual amount of fees Thus, the NRC has appropriately authority and reflects the agencys collected under Part 170 has decreased.
included the resources in 10 CFR part efforts to comply with Section Exelon understands that the numerous 171 fees for this fee class. 102(a)(3)(A) of NEIMA to the maximum line item numbers shown in the work Fee-relief activities identified by the extent practicable. The FY 2021 CBJ papers Power Reactors Fee Class details Commission fall into two categories: (1) noted that further reductions to are themselves the summations of Activities not attributable to an existing corporate support in FY 2021 were not multiple other supporting calculations licensee or class of licensees, and (2) feasible and would jeopardize the apparently too detailed to provide.
activities not assessed 10 CFR part 170 corporate activities necessary to Numerous as these line items are, their or 171 fees based on existing law or accomplish the agencys mission. Pages general nature makes understanding Commission policy. The categories of 83-86 of the FY 2021 CBJ provide more difficult for an outside reviewer. Exelon fee-relief activities are identified in the specific information on the corporate suggests that some pointer FY 2021 proposed fee rule in Table I support costs by product line that designation be developed, similar to the Excluded Activities and were also comprised the 31 percent referenced EPID/CAC system used for Part 170 fees discussed during the FY 2021 proposed during the March 18, 2021, public [ ] and included in the quarterly Part 171 fee rule public meeting on March 18, meeting. The corporate support business reactor fee invoicing. This way, the 2021. The fee relief activities identified line resources total approximately details of which line items will be by the Commission reflect a fair and $271.4 million in FY 2021, as shown on funded via reactor fee invoicing within equitable allocation of resources. page 83 of the FY 2021 CBJ. Corporate a given calendar year quarter may be No changes were made to this final support does not include Inspector better tracked back to the work papers, jbell on DSKJLSW7X2PROD with RULES2 rule as a result of these comments. General budgetary resources. The allowing constructive dialogue between percent corporate support is calculated NRC and reactor licensees regarding the D. Corporate Support Cap and the Fee by dividing $271.4 million by $863.4 applicability of a particular line item to Rule Work Papers million, which is 31 percent of the that licensee. (Exelon)
Comment: One commenter stated that agencys total requested budget Response: With respect to 10 CFR part One of NEIMAs requirements is the authority. 171, it would be impractical for the NRC VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32165 to provide a pointer, such as the resources by business line to the additional ranges between the $520,000 budget string, since annual fees are a associated fee class in the FY 2020 fee and $7,000,000 gross annual receipts recovery of remaining costs associated rule work papers so that stakeholders range. The commenter stated that a fee with the particular business line budget can trace the CBJ business line budgets rate schedule with more steps for small reconciled to a fee class. to the resources recovered within each businesses would help reduce the The fee rule and its supporting work fee class budget by product line. The FY license fee burden on the smaller papers are published so the public and 2021 fee rule work papers include the entities and help small business licensees can understand how fees are reconciliation of the FY 2021 CBJ to the concerns. (RE) determined for a fee class and a fee respective fee class. The NRC continues Response: To reduce the significance category. Consistent with the to strive to enhance transparency of how of the annual fees on a substantial requirements of NEIMA, annual fees are fees are determined. number of small entities, the NRC calculated by business lines, product No changes were made to the final established the maximum small entity lines, and products based on the budget rule as a result of this comment. fee in FY 1991. In FY 1992, the NRC authority enacted for the current fiscal introduced a second lower tier to the F. Public Participation in Budget year. The NRC provides those business small entity fee. Because the NRCs Formulation lines, product lines, and products in the methodology for small entity size fee rule work papers. The CBJ provides Comment: Exelon supports the standards has been approved by the the agency explanation and justification comments of the Nuclear Energy SBA, the NRC did not modify its current for the resources being requested for the Institute on the FY 2021 Proposed Fee methodology for this rulemaking.
budget year, including increases and Rule. Given that there is no formal way In FY 2020, the NRC conducted a decreases, and the reason for changes in for stakeholders to provide input into survey of materials licensees to collect the budget request for the agency as the formulation of the NRCs annual relevant data to help determine the need compared to the prior year, at the budget, Exelon encourages the NRC to for changes to the NRCs small business business line and product line levels; it consider these comments as part of its size standards in § 2.810. In addition, also includes the prior year actual next budget and fee formulation the NRC considered changes in the amounts at the business line and process. Exelon respects the objective small business size standards published product line levels. judgment that NRC exercises as an by the SBA.
Under NEIMA, the NRC must recover, independent safety regulator. However, On December 7, 2020, the staff to the maximum extent practicable, Exelon encourages the NRC to seek submitted SECY-20-0111, Rulemaking approximately 100 percent of its annual ways to improve its interactions with Plan to Amend the Receipts-Based NRC budget, less the budget authority for the regulated industry during budget Size Standards, to the Commission excluded activities. Under NEIMA, the development, within the limits required (ADAMS Accession No. ML20268B327)
NRC must use its IOAA authority first to maintain NRC independence. with the staffs recommendations for to collect 10 CFR part 170 service fees (Exelon) amending the NRCs receipts-based size for NRC work that provides specific Response: The NRC seeks information standards. While the NRC staff benefits to identifiable recipients, such from licensees and other entities recommended making inflation-related as licensing activities, inspections, and relevant to projected workload, through increases and adjusting the special projects. In so doing, the NRC public meetings and other forms of methodology for consistency with SBA establishes a professional hourly rate for public outreach, to better inform the regulations, the survey results did not its work. The 10 CFR part 170 direct NRCs budget formulation workload suggest that the NRC should change its work performed is included on the assumptions. This public outreach small entity size standards. In the SRM quarterly invoice, which includes the provides an opportunity for the for SECY-20-0111 (ADAMS Accession CAC/EPID combination, charges, and regulated industry to provide No. ML21029A186), the Commission the name(s) of the person(s) conducting information to inform the NRC budget. approved the staffs recommendation to the activities associated with the However, as noted in the comment, the initiate a rulemaking to amend the respective licensee fee class. With NRC is an independent regulator, and to NRCs small business size standards in respect to 10 CFR part 170 service fees, preserve its independence the NRC does § 2.810 and to comply with the Runway the NRC staff time spent on licensing not involve non-government Act and related SBA regulations and to and inspection activities is subject to organizations and members of the reflect inflation adjustments, which will change, depending on the novelty and public in budget formulation. In be part of a separate rulemaking activity.
complexity of the application (e.g., new addition, OMB establishes the Executive Also, as part of that rulemaking activity, licenses, renewals, amendments, special Branch budget process through OMB analogous to the proposed inflation projects) under review or the facility Circular No. A-11, Preparation, adjustment in § 2.810, the NRC will be being inspected. Submission, and Execution of the proposing to increase the upper tier and Because the NRCs fee recovery under Budget. Section 22.1 of OMB Circular lower tier receipts-based small entity the IOAA (10 CFR part 170) will not No. A-11 requires that pre-decisional size standards in § 171.16(c).
equal 100 percent of the agencys total budget deliberations remain The NRC is currently in the process budget authority for the fiscal year (less confidential until the release of the of developing the proposed rule for the the budget authority for excluded Presidents budget request (and, in turn, small entity rulemaking activity. The activities), the NRC also assesses annual the CBJ). NRC will continue to include updates fees under 10 CFR part 171 to recover No changes were made to this final on this rulemaking activity in the the remaining amount necessary to rule as a result of these comments. Federal Register notifications associated comply with NEIMA. Thus, providing a with the FY 2021 and FY 2022 fee rules jbell on DSKJLSW7X2PROD with RULES2 pointer for annual fees such as the G. Small Entity to ensure that affected licensees are budget string, as suggested by the Comment: One commenter had adequately informed. The public can commenter, would be impractical. comments regarding the NRCs small track all NRC rulemaking activities, At the same time, to increase entity size standards and that the NRC including the rulemaking on the NRCs transparency, the NRC first incorporated should consider establishing lower size standards, on the NRCs a reconciliation of the FY 2020 CBJ licensing fees by creating one or more Rulemaking Tracking and Reporting VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32166 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations system at https://www.nrc.gov/reading- private investment as NEIMA was trying I. Accurate Invoicing rm/doc-collections/rulemaking- to do. (Anonymous) Comment: What are the policies for ruleforum/active/RuleIndex.html, or by Response: The NRC disagrees with fairness? Weve disputed invoices in the Docket ID NRC-2014-0264 at http:// this commenters position that, in order [past] because the NRC had already www.regulations.gov. to be consistent with NEIMA, the NRC completed a task, we had been shut No change was made to this final rule should change the definition of down for years and there was no need in response to this comment. research reactor in §§ 170.11 and for the NRC to restudy, investigate or Comment: One commenter had 171.11 to exempt from fees all research review the issue. Yet, we were told that questions regarding the categories of reactors licensed under Section 104c. of the charges were valid because the licensees that can qualify as small the Atomic Energy Act (AEA). First, employee did indeed work the hours entities, and the categories of licensees NEIMA (in Section 102(b)(3)(D)(ii))
they said on the project. Is it fair for us whose average users fees are used to makes the annual fee exemption to have to pay for the same work twice?
determine the maximum small entity applicable for federally owned We dont think so and the public would fee. (Anonymous) research reactor used primarily for not think so. We cant tell from our Response: In implementing the educational training and academic recent billings what activity within a Regulatory Flexibility Act of 1980, as research purposes. In addition, the primary purpose of this rule is to update project. For example, an inspector or amended, the NRC ultimately auditor comes out and visits. Then they determined that it was appropriate for the NRCs fee schedules to recover, to the maximum extent practicable, go back and write their report and ask the agency to establish its own size RAI, etc. We only get total hours worked standards that were consistent with the approximately 100 percent of the NRCs total budget authority for the current on the project, not how much time it NRCs regulatory activities. The NRC took them to write the report, how much classifies its small business licensees by fiscal year, less the budget authority for excluded activities, and to make other time did [they] work on specific items their use of nuclear materials since the they are reporting on. That would be necessary corrections or appropriate NRCs materials categories cover a mix useful information to us the licensee.
changes to specific aspects of the NRCs of industries. The NRCs materials (Anonymous) fee regulations in order to ensure licensees can use the size standards Response: The NRC is firmly compliance with NEIMA.
criteria to quality as a small entity for The NRC has not proposed changing committed to the application of fairness a reduced annual fee. The NRCs the definition of research reactor, or and equity in the assessment of fees.
industry specific size standards were the types of research reactors that are NEIMA requires the NRC to establish a approved by the SBA. exempt (i.e., Federally-owned and State- schedule of fees that fairly and equitably License types that allow a licensee to owned research reactors used primarily allocates these fees among the NRCs be eligible to qualify as a small entity for educational training and academic licensees and certificate holders. As part and pay a reduced annual fee are listed research purposes) in the specific of this process, each year the NRC under § 171.16. These include materials exemptions in § 170.11(a)(9) or reassesses and publishes a proposed licenses (i.e., 10 CFR parts 30, 40, 70, § 171.11(b)(2). The current research rule and final rule of the revisions of the 71, and 76 licenses) and 10 CFR part 72 reactor definition in §§ 170.11(a)(9) fee schedules for each license fee class.
licenses. The prior two-year weighted and 171.11(b)(2), and the types of As stated in the proposed rule, under average of service fees for the qualifying research reactors that are exempt from NEIMA, the NRC must recover, to the fee categories that have small entity annual fees, stemmed from language in maximum extent practicable, licensees is used in the biennial OBRA-90. NEIMA included approximately 100 percent of its annual adjustment of the maximum small entity substantively similar fee exemption budget, less the budget authority for fee. Average service fees for types of language for research reactors. Changing excluded activities. The NRC must use licenses (e.g., 10 CFR part 50 licenses) the definition of research reactor in its IOAA authority first to collect service that do not allow a licensee to be § 170.11(a)(9) or § 171.11(b)(2), or the fees for NRC work that provides specific eligible to qualify as a small entity are types of research reactors that are benefits to identifiable recipients (such not used in the determination of small exempt from fees pursuant to as licensing activities, inspections, and entity fees. §§ 170.11(a)(9) and 171.11(b)(2), to special projects). Because the NRCs fee No change was made to this final rule include all research reactors licensed recovery under the IOAA for 10 CFR in response to this comment. under Section 104c. of the AEA would part 170 fees for service will not equal not be consistent with the exemption 100 percent of the agencys total budget H. Definition of Research Reactor Under provision in NEIMA or its predecessor authority for the fiscal year (less the
§ 170.11, § 171.11, and NEIMA in OBRA-90. budget authority for excluded Comment: NEIMAs exemption of a Section 106 of NEIMA, Encouraging activities), the NRC also assesses annual research reactor is a reactor licensed private investment in research and test fees under 10 CFR part 171 to recover under section 104c of the Atomic reactors, pertains to the financial the remaining amount necessary to Energy Act of 1954. It does not mention criteria used to determine whether a comply with NEIMA. In the FY 2021 that it needs to be Federal-owned and utilization facility is licensed as a proposed fee rule, each license fee class State-Owned research reactors used commercial facility under Section 103 includes the specific information to primarily for educational proposes. So of the AEA, Commercial Licenses, or detail how the annual fees are derived, any Research Reactor licensed under as a research and development facility such as the budgetary resources, and 10 104c of the Atomic Energy Act of 1954 under paragraph c of Section 104, CFR part 170 estimated billings for and meets the requirement of operations Medical Therapy and Research and direct activities, specific adjustments, jbell on DSKJLSW7X2PROD with RULES2 list should be except [sic] from fees. 10 Development, of the AEA. This subject the explanations for the changes, and CFR 170.11 and 10 CFR 171.11 need to of this provision of NEIMA does not the comparison to the prior fiscal year be changed to reflect NEIMA definition relate to fees and is outside the scope of in order to derive the 10 CFR part 171 of exempt. Having research and test this final rule. annual fees.
reactors exempt from both annual and No change was made to this final rule Additionally, Section 102(d) of performance fees would encourage in response to this comment. NEIMA required three sets of actions VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32167 related to NRC invoices for service fees activities that the NRC has previously instructions are provided on page 2 in assessed under 10 CFR part 170. First, conducted and billed to the commenter addition to a process map on page 3 of as stated in Section 102(d)(1) of NEIMA, (e.g., inspection activities, reports, and the form). After the licensee completely the NRC must ensure appropriate requests for additional information on fills out their required portions of the review and approval prior to the projects), this is outside scope of this NRC Form 527, it should be submitted issuance of invoices for service fees. final rule. If the commenter has specific to the Office of the Chief Financial Second, as stated in Section 102(d)(2) of questions regarding NRC invoices and Officer using one of the three listed NEIMA, the NRC must develop and fees that have been assessed, the options on the form. Once the form is implement processes to audit invoices commenter can contact the Office of the received, the Office of the Chief
[for 10 CFR part 170 service fees] to Chief Financial Officer via the eBilling Financial Officer will forward it to the ensure accuracy, transparency, and system support portal, by email to appropriate EPID contact who will fairness. Third, as stated in Section FeeBillingInquiries.Resource@nrc.gov, provide the response. The NRC EPID 102(d)(3) of NEIMA, the NRC is required or by mail to the Office of the Chief contact will always be the responsible to modify regulations to ensure fair Financial Officer at U.S. Nuclear point of contact who is fully and appropriate processes to provide Regulatory Commission, Washington, knowledgeable of the work performed licensees and applicants an opportunity DC 20555-0001, Attn: Chief Financial and, therefore, the appropriate to efficiently dispute or otherwise seek Officer. individual to provide a response.
review and correction of errors in No change was made to this final rule The NRC Form 529 contains a listing invoices for service fees. in response to this comment. of seven pre-conditions that all For the first two sets of actions, the Comment: NRC Form 529 on page 2 licensees must meet before submitting NRC developed and implemented has a list [of] 7 pre-conditions that you the form. These pre-conditions ensure process improvements to ensure must certify that you have done. One of licensees have properly adhered to accurate invoicing, which include, but them is I Certify that the NRC Form 527 NRCs standard dispute process which is not limited to the following: (1) Request for Information Related to requires: (1) An initial submission of the Implementing a process to standardize Fees-for-Service was submitted and a NRC Form 527 to request a formal the validation of fees to ensure that fee response was received by my review of the charges in question, and billing data is correct before appearing organization. Who fills out the (2) submission of the NRC Form 529 to on a licensees invoice; (2) redesigning response? Do they know the details of officially request a dispute of the the invoices to add clarity and the work the person in dispute was charges after receiving the response transparency for its stakeholders such as performing? Weve used NRC Form 527 provided on the NRC Form 527.
including the names of individual NRC in the past. NRC Response did not Currently, most of the NRCs licensees staff and/or contractor companies, if answer the questions we had in the subject to 10 CFR part 170 fees are applicable, who had performed the additional disputed details. They just registered in eBilling, which is a public-work associated with the charges; and confirmed the information we already facing, web-based application that (3) implementing a new data structure knew. [They] confirmed that the provides immediate delivery of NRC to more effectively account for and track employee did work on the project, but invoices in addition to the capability to all billable work at the project level with did not detail what work they were view and analyze invoice details.
an EPID data element, which provides doing.[ ] Weve disputed bills in the Therefore, it is strongly recommended useful details regarding the type of past, the process only confirmed that that licensees not registered in eBilling project or work that is being billed. the employee spent the hours working consider utilizing this electronic invoice Using this data structure allows NRC on the project so the charges are correct. platform, if they have the capability to licensees and other persons assessed The CFO refused to take into account do so. However, consideration was service fees to identify how many hours the benefit to the licensee and/or given to the current initial demand are being expended on each of the fairness of the charge to the licensee. 45 letter (invoice) 30-day policy, and the various activities within a project. days from initial demand letter (invoice) NRC is amending § 15.31 to allow For the third set of actions, as is not enough time in some cases to licensees an additional 15 days to discussed in the proposed rule, the NRC determine if the invoice was correct, submit a review request from the initial has developed and is implementing provided the licensee with a benefit, or demand letter (invoice). The NRC requirements for a standard method for was fair for the licensee to be charged. believes that 45 days from receiving an licensees and applicants to efficiently It should be 90 days from when the initial demand letter provides enough dispute or seek review and correction of error became apparent for the licensee time for all licensees to determine if an errors in invoices, which is illustrated to dispute the charge. For example, [i]f invoice is accurate. Furthermore, upon in the process map, NRC Form 529, you dont like the dispute resolution, submission of the NRC Form 529, the Processing Dispute of Fees-For-Service what is the process for future review or licensee must certify they are submitting Charges (ADAMS Accession No. appeals outside of the NRC CFO an official dispute request to the Office ML20311A159). Additionally, the NRC office? (Anonymous) of the Chief Financial Officer and agree is modifying its regulations related to Response: The NRC continues to that the final determination of the status accurate invoicing to clearly outline the strive to enhance the invoicing process of the disputed debt decision rests interactions between the submitter and to ensure invoice accuracy and the solely with the NRC. The NRCs the NRC and enhance clarity regarding availability of appropriate processes for response to a licensees request the dispute process by setting out: (1) licensees to efficiently request a review submitted on the NRC Form 529 The process for submitting a fee dispute, or submit a dispute for invoice errors. A officially completes the agencys invoice (2) the stages of the decisionmaking licensee who requests additional dispute process.
jbell on DSKJLSW7X2PROD with RULES2 process while the dispute is under information related to NRC staff/ Finally, regarding the commenters review, and (3) the manner by which the contract costs associated with their NRC specific comments on the regulatory NRC will notify a debtor after it makes invoice is responsible for completing all activities that the NRC has previously a final determination on a dispute. items on page 1 of the NRC Form 527, conducted and billed to the commenter Finally, regarding the commenters except for the dedicated response (e.g., inspection activities, reports, and specific comments on the regulatory section used by NRC staff only (detailed requests for additional information on VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32168 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations projects), this is outside of the scope of Section XIV, Availability of 1320.4(a)(2), NRC Forms 527 and 529 this final rule. If the commenter has Documents, of this document. are also not subject to the requirements specific questions regarding NRC of the Paperwork Reduction Act.
VI. Regulatory Analysis invoices and fees that have been Under NEIMA, the NRC is required to Public Protection Notification assessed, the commenter can contact the Office of the Chief Financial Officer via recover, to the maximum extent The NRC may not conduct or sponsor, the eBilling system support portal, by practicable, approximately 100 percent and a person is not required to respond email to FeeBillingInquiries.Resource@ of its annual budget for FY 2021 less the to, a collection of information unless the nrc.gov, or by mail to the Office of the budget authority for excluded activities. document requesting or requiring the Chief Financial Officer at U.S. Nuclear The NRC established fee methodology collection displays a currently valid Regulatory Commission, Washington, guidelines for 10 CFR part 170 in 1978, OMB control number.
DC 20555-0001, Attn: Chief Financial and established additional fee methodology guidelines for 10 CFR part XI. Congressional Review Act Officer.
171 in 1986. In subsequent rulemakings, This final rule is a rule as defined in No change was made to this final rule the NRC has adjusted its fees without the Congressional Review Act of 1996 (5 in response to this comment.
changing the underlying principles of U.S.C. 801-808). The Office of J. Comments on Matters Not Related to its fee policy to ensure that the NRC Management and Budget has found it to This Rulemaking continues to comply with the statutory be a major rule as defined in the requirements for cost recovery. Congressional Review Act.
Several commenters raised issues In this final rule, the NRC continues outside the scope of the FY 2021 fee this longstanding approach. Therefore, XII. Voluntary Consensus Standards rule. Commenters raised concerns with the NRC did not identify any The National Technology Transfer the agencys budgeting process and alternatives to the current fee structure and Advancement Act of 1995, Public requested public participation on the guidelines and did not prepare a Law 104-113, requires that Federal agencys budget formulation process. A regulatory analysis for this final rule. agencies use technical standards that are few commenters requested expediting VII. Backfitting and Issue Finality developed or adopted by voluntary efficiency efforts and engaging industry consensus standards bodies unless the regarding additional efficiencies, The NRC has determined that the use of such a standard is inconsistent improvements and efficiencies in the backfit rule, § 50.109, does not apply to with applicable law or otherwise review process for topical reports to this final rule and that a backfit analysis impractical. In this final rule, the NRC reduce the professional hourly rate for is not required because these is amending the licensing, inspection, special project fees. These matters are amendments do not require the and annual fees charged to its licensees outside the scope of this final rule. The modification of, or addition to, (1) and applicants, as necessary, to recover, primary purpose of the rule is to update systems, structures, components, or the to the maximum extent practicable, the NRCs fee schedules to recover design of a facility; (2) the design approximately 100 percent of its annual approximately 100 percent of the NRCs approval or manufacturing license for a budget for FY 2021 less the budget total budget authority for the current facility; or (3) the procedures or authority for excluded activities, as fiscal year, less the budget authority for organization required to design, required by NEIMA. This action does excluded activities, and to make other construct, or operate a facility.
not constitute the establishment of a necessary corrections or appropriate VIII. Plain Writing standard that contains generally changes to specific aspects of the NRCs The Plain Writing Act of 2010 (Pub. applicable requirements.
fee regulations in order to ensure compliance with NEIMA. L. 111-274) requires Federal agencies to XIII. Availability of Guidance write documents in a clear, concise, and The NRC understands the importance The Small Business Regulatory well-organized manner. The NRC wrote of examining and improving the Enforcement Fairness Act requires all this document to be consistent with the efficiency of its operations and the Federal agencies to prepare a written Plain Writing Act, as well as the prioritization of its regulatory activities. compliance guide for each rule for Presidential Memorandum, Plain Accordingly, the NRC has undertaken, which the agency is required by 5 U.S.C.
Language in Government Writing, and continues to undertake, a number of 604 to prepare a regulatory flexibility published June 10, 1998 (63 FR 31885).
significant initiatives aimed at analysis. The NRC, in compliance with improving the efficiency of NRC IX. National Environmental Policy Act the law, prepared the Small Entity operations and enhancing the agencys The NRC has determined that this Compliance Guide for the FY 2021 approach to regulating. Though final rule is the type of action described final fee rule. The compliance guide was comments raising these issues are not in 10 CFR 51.22(c)(1). Therefore, neither developed when the NRC completed the within the scope of this final rule, the an environmental impact statement nor small entity biennial review for FY NRC will consider this input in its environmental assessment has been 2021. This compliance guide is future program operations. prepared for this final rule. available as indicated in Section XIV, V. Regulatory Flexibility Certification Availability of Documents, of this X. Paperwork Reduction Act document.
As required by the Regulatory This final rule does not contain a Flexibility Act of 1980, as amended collection of information as defined in XIV. Availability of Documents (RFA),5 the NRC has prepared a the Paperwork Reduction Act of 1995 The documents identified in the regulatory flexibility analysis related to (44 U.S.C. 3501 et seq.) and, therefore, following table are available to jbell on DSKJLSW7X2PROD with RULES2 this final rule. The regulatory flexibility is not subject to the requirements of the interested persons through one or more analysis is available as indicated in Act. In accordance with 5 CFR of the following methods, as indicated.
5 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has Enforcement Fairness Act of 1996, Public Law 104-been amended by the Small Business Regulatory 121, Title II, 110 Stat. 847 (1996).
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32169 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 36, Congressional Budget Justification: Fiscal Year 2021 ML20024D764.
(February 2020).
Process map, NRC Form 527, Request for Information Related to Fees-for-Service ML20104C055.
Process map, NRC Form 529, Processing Dispute of Fees-For-Service Charges ..... ML20311A159.
NRC Form 529, Dispute of Fees-For-Service Charges in Accordance with Title 10 of ML20339A673.
the Code of Federal Regulations (10 CFR) Processing Dispute of Fees-For-Service Charges § 170.51.
FY 2021 Final Rule Work Papers .................................................................................... ML21119A024.
FY 2021 Final Fee Rule .................................................................................................. ML21109A319.
FY 2021 Regulatory Flexibility Analysis .......................................................................... ML21105A747.
FY 2021 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide ........... ML21105A750.
SECY-19-0062, Final Rule: Non-Power Production or Utilization Facility License Re- ML18031A000.
newal, dated June 17, 2019.
SECY-20-0111, Rulemaking Plan to Amend the Receipts-Based NRC Size Stand- ML20268B327.
ards, dated December 7, 2020.
SRM-SECY-20-0111, Rulemaking Plan to Amend the Receipts-Based NRC Size ML21029A189.
Standards (NRC-2014-0264).
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 U.S.C. 5841); 5 U.S.C. 5514; 26 U.S.C. 6402; the debtor may present evidence and 31 U.S.C. 3701, 3713, 3716, 3719, 3720A; 42 any arguments in support of the debtors 10 CFR Part 15 U.S.C. 664; 44 U.S.C. 3504 note; 31 CFR parts position. If the debtors dispute Administrative practice and 900 through 904; 31 CFR part 285; E.O. potentially raises an error, the NRC may procedure, Claims, Debt collection. 12146, 44 FR 42657, 3 CFR, 1979 Comp., p.
409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 extend the interest waiver period as 10 CFR Part 170 Comp., p. 157. described in § 15.37(j) pending a final determination of the existence or Byproduct material, Import and 2. Revise § 15.31 to read as follows: amount of the debt.
export licenses, Intergovernmental (d) Dispute resolution. If the NRC
§ 15.31 Disputed debts.
relations, Non-payment penalties, finds that the dispute has not identified Nuclear energy, Nuclear materials, (a) Submitting a dispute of debt. For an error, the NRC will notify the dispute Nuclear power plants and reactors, any type of charges assessed by the contact. If the NRC finds that the Source material, Special nuclear NRC, a debtor may submit a dispute of dispute has identified an error, the NRC material. debt within 45 days from the date of the will:
initial demand letter. The debtor shall (1) Notify the dispute contact; 10 CFR Part 171 explain why the debt is incorrect in fact (2) Make corrections to the charges or Annual charges, Approvals, or in law and may support the information on the demand letter; and Byproduct material, Holders of explanation by affidavit, cancelled (3) Issue a revised demand letter.
certificates, Intergovernmental relations, checks, or other relevant evidence. The 3. In § 15.37, revise paragraph (j) to Nonpayment penalties, Nuclear dispute must be submitted to the Office read as follows:
materials, Nuclear power plants and of the Chief Financial Officer via the reactors, Registrations, Source material, eBilling system, by email to § 15.37 Interest, penalties, and Special nuclear material. FeeBillingInquiries.Resource@nrc.gov, administrative costs.
For the reasons set out in the or by mail to the Office of the Chief * * * *
- preamble and under the authority of the Financial Officer at: U.S. Nuclear (j) The NRC may waive interest during Atomic Energy Act of 1954, as amended; Regulatory Commission, Washington, the period a debt disputed under the Energy Reorganization Act of 1974, DC 20555-0001, Attn: Chief Financial Officer. For debt disputes related to § 15.31 is under consideration by the NRC.
as amended; and 5 U.S.C. 552 and 553, However, this additional waiver is not the NRC is adopting the following charges for 10 CFR part 170 fees, the automatic and must be requested before amendments to 10 CFR parts 15, 170, debtor must complete and submit an the expiration of the initial 30-day waiver and 171: NRC Form 529 with the required period. The NRC may grant the additional information. waiver only when it finds the debtors PART 15DEBT COLLECTION (b) Notification of receipt. Following dispute potentially raises an error.
PROCEDURES receipt of the dispute, the NRC will * * * *
- jbell on DSKJLSW7X2PROD with RULES2 acknowledge receipt to the contact 4. In § 15.53, revise paragraphs (c) and
- 1. The authority citation for part 15 person identified by the debtor. (e) to read as follows:
continues to read as follows: (c) Dispute review. The NRC will Authority: Atomic Energy Act of 1954, consider the facts involved in the § 15.53 Reasons for suspending collection secs. 161, 186 (42 U.S.C. 2201, 2236); Energy dispute and, if it considers it necessary, action.
Reorganization Act of 1974, sec. 201 (42 arrange for a conference during which * * * *
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32170 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations (c) The debtor has requested a review PART 170FEES FOR FACILITIES, The addition reads as follows:
of the debt or has disputed the debt. MATERIALS, IMPORT AND EXPORT
§ 170.3 Definitions.
- * * *
- LICENSES, AND OTHER REGULATORY SERVICES UNDER THE * * * * *
(e)(1) The NRC shall suspend ATOMIC ENERGY ACT OF 1954, AS Non-power production or utilization collection activity during the time AMENDED facility means a production or required for consideration of the utilization facility licensed under 10 debtors request for review or dispute of 5. The authority citation for part 170 CFR 50.21(a) or (c), or 10 CFR 50.22, as the debt, if the statute under which the is revised to read as follows: applicable, that is not a nuclear power request is sought prohibits the NRC Authority: Atomic Energy Act of 1954, reactor or production facility as defined from collecting the debt during that secs. 11, 161(w) (42 U.S.C. 2014, 2201(w)); under paragraphs (1) and (2) of the time. Energy Reorganization Act of 1974, sec. 201 definition of production facility in 10 (42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C.
(2) If the statute under which the CFR 50.2.
901, 902, 9701; 44 U.S.C. 3504 note.
request is sought does not prohibit * * * *
- collection activity pending 6. Revise § 170.1 to read as follows:
§ 170.20 [Amended]
consideration of the request, the NRC § 170.1 Purpose.
may use discretion, on a case-by-case The regulations in this part set out 8. In § 170.20, remove the dollar basis, to suspend collection. Further, the fees charged for licensing services, amount $279 and add in its place the NRC ordinarily should suspend inspection services, and special projects dollar amount $288.
collection action upon a request for rendered by the Nuclear Regulatory review or dispute of the debt, if the NRC Commission as authorized under title V 9. In § 170.21, in the table:
is prohibited by statute or regulation of the Independent Offices a. Revise the table heading and the from issuing a refund of amounts Appropriation Act, 1952 (31 U.S.C. entry for K. Import and export collected prior to NRC consideration of 9701(a)). licenses; and the debtors request. However, the NRC 7. In § 170.3: b. Remove footnote 6.
should not suspend collection when the a. Remove the definition for Balance The revisions read as follows:
NRC determines that the request for of plant; review or dispute of the debt is frivolous b. Add a definition for Non-power § 170.21 Schedule of fees for production or was made primarily to delay production or utilization facility in and utilization facilities, review of standard collection. alphabetical order; and referenced design approvals, special
- c. Remove the definitions for Nuclear projects, inspections and import and export
- * * *
- Steam Supply System and Reference licenses.
systems concept. * * * *
- TABLE 1 TO § 170.21SCHEDULE OF FACILITY FEES
[See footnotes at end of table]
Facility categories and type of fees Fees 1 2 K. Import and export licenses:
Licenses for the import and export only of production or utilization facilities or the export only of components for production or utilization facilities issued under 10 CFR part 110.
- 1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and ex-ports 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 ..................................................................... $20,200
- 2. Application for export of reactor and other components requiring Executive Branch review, for example, those ac-tions under 10 CFR 110.41(a).
Applicationnew license, or amendment; or license exemption request ..................................................................... 10,100
- 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 ..................................................................... 7,200
- 4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, or obtaining foreign government assurances.
Applicationnew license, or amendment; or license exemption request ..................................................................... 4,900
- 5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domes-tic information, or make other revisions which do not involve any substantive changes to license terms or conditions or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities.
Minor amendment to license .......................................................................................................................................... 4,300 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 jbell on DSKJLSW7X2PROD with RULES2 is in the form of a license amendment, letter of approval, safety evaluation report, or other form.
2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided.
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32171
- * * * * § 170.31 Schedule of fees for materials licenses and other regulatory services,
- 10. In § 170.31, revise the table to read including inspections, and import and as follows: 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 activi-ties 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 of this chapter in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence ana-lyzers.4.
Application [Program Code(s): 22140] ............................................................................................................................... $1,300.
D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed form in combination that would constitute a critical mass, as defined in § 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, 22136, 22150, 22151, 22161, 22170, 23100, 23300, $2,700.
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].
(2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leaching, ore buying stations, ion-exchange facilities, and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode 6.
(a) Conventional and Heap Leach 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 facilities 6 [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, from Full Cost.
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, from Full Cost.
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) 6 [Program Code(s): 12010].
B. Licenses which authorize the possession, use, and/or installation of source material for shielding.7 8.
Application [Program Code(s): 11210] ............................................................................................................................... $1,300.
C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter.
Application [Program Code(s): 11240] ............................................................................................................................... $6,200.
D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter..
Application [Program Code(s): 11230, 11231] ................................................................................................................... $2,900.
E. Licenses for possession and use of source material for processing or manufacturing of products or materials con-taining source material for commercial distribution.
Application [Program Code(s): 11710] ............................................................................................................................... $2,700.
F. All other source material licenses..
jbell on DSKJLSW7X2PROD with RULES2 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-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] ...................................................................................................... $13,500.
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32172 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / 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 (1). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6-20.
Application [Program Code(s): 04010, 04012, 04014] ............................................................................................... $17,900.
(2). Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: More than 20.
Application [Program Code(s): 04011, 04013, 04015] ............................................................................................... $22,400.
B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1-5.
Application [Program Code(s): 03214, 03215, 22135, 22162] .......................................................................................... $3,700.
(1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6-20.
Application [Program Code(s): 04110, 04112, 04114, 04116] ................................................................................... $5,000.
(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.
Application [Program Code(s): 04111, 04113, 04115, 04117] ................................................................................... $6,200.
C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and dis-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] ...................................................................................................... $5,400.
(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 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] ............................................................................................... $7,200.
(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 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.
Application [Program Code(s): 04211, 04213, 04215] ............................................................................................... $8,900.
D. [Reserved] ............................................................................................................................................................................. N/A.
E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units).
Application [Program Code(s): 03510, 03520] ................................................................................................................... $3,300.
F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for ir-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] ............................................................................................................................... $6,700.
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 where the source is not exposed for irradiation purposes.
Application [Program Code(s): 03521] ............................................................................................................................... $64,300.
H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that re-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] ...................................................................................................... $6,900.
I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter..
Application [Program Code(s): 03250, 03251, 03253, 03256] .......................................................................................... $15,300.
J. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons gen-erally licensed under part 31 of this chapter.
Application [Program Code(s): 03240, 03241, 03243] ...................................................................................................... $2,100.
K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quan-tities of byproduct material that do not require sealed source and/or device review to persons generally licensed under jbell on DSKJLSW7X2PROD with RULES2 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] ................................................................................................................... $1,200.
L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 1-5.
Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ...................................................... $5,700.
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32173 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 (1) 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: 6-20..
Application [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] .............................................. $7,500.
(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.
Application [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .............................................. $9,400.
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.
Application [Program Code(s): 03620] ............................................................................................................................... $8,600.
N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4.A., 4.B., and 4.C.
Application [Program Code(s): 03219, 03225, 03226] ...................................................................................................... $9,200.
O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 1-5.
Application [Program Code(s): 03310, 03320] ................................................................................................................... $9,200.
(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiog-raphy operations. Number of locations of use: 6-20.
Application [Program Code(s): 04310, 04312] ........................................................................................................... $12,200.
(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiog-raphy operations. Number of locations of use: More than 20.
Application [Program Code(s): 04311, 04313] ........................................................................................................... $15,300.
P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9 Number of locations of use: 1-5.
Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, 03221, $6,600.
03222, 03800, 03810, 22130].
(1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9 Number of locations of use: 6-20.
Application [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, $8,800.
04430, 04432, 04434, 04436, 04438].
(2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9 Number of locations of use: More than 20.
Application [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, $10,900.
04431, 04433, 04435, 04437, 04439].
Q. Registration of a device(s) generally licensed under part 31 of this chapter. Registration ................................................. $800.
R. Possession of items or products containing radium-226 identified in § 31.12 of this chapter which exceed the number of items or limits specified in that section 5.
- 1. Possession of quantities exceeding the number of items or limits in § 31.12(a)(4) or (5) of this chapter but less than or equal to 10 times the number of items or limits specified.
Application [Program Code(s): 02700] ........................................................................................................................ $2,600.
- 2. Possession of quantities exceeding 10 times the number of items or limits specified in § 31.12(a)(4) or (5) of this chapter.
Application [Program Code(s): 02710] ........................................................................................................................ $2,600.
S. Licenses for production of accelerator-produced radionuclides.
Application [Program Code(s): 03210] ............................................................................................................................... $14,700.
- 4. Waste disposal and processing: 11 A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses 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] .............................................................................. Full Cost.
B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.
Application [Program Code(s): 03234] ............................................................................................................................... $7,200.
C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special 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.
Application [Program Code(s): 03232] ............................................................................................................................... $5,200.
- 5. Well logging: 11 A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well log-ging, well surveys, and tracer studies other than field flooding tracer studies.
jbell on DSKJLSW7X2PROD with RULES2 Application [Program Code(s): 03110, 03111, 03112] ...................................................................................................... $4,800.
B. Licenses for possession and use of byproduct material for field flooding tracer studies.
Licensing [Program Code(s): 03113] ................................................................................................................................. Full Cost.
- 6. Nuclear laundries: 11 A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or spe-cial nuclear material.
Application [Program Code(s): 03218] ............................................................................................................................... $22,900.
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32174 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / 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
- 7. Medical licenses: 11 A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 1-5.
Application [Program Code(s): 02300, 02310] ................................................................................................................... $11,500.
(1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source ma-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] ........................................................................................................... $15,300.
(2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source ma-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] ........................................................................................................... $19,100.
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.
Number of locations of use: 1-5.
Application [Program Code(s): 02110] ............................................................................................................................... $9,000.
(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. Number of locations of use: 6-20.
Application [Program Code(s): 04710] ........................................................................................................................ $11,900.
(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. Number of locations of use: More than 20.
Application [Program Code(s): 04711] ........................................................................................................................ $14,900.
C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source ma-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] ................. $10,900.
(1). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: 6-20.
Application [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] .......... $9,000.
(2). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: More than 20.
Application [Program Code(s): 04811,04813, 04815, 04817, 04819, 04821,04823, 04825, 04827, 04829] ............ $11,300.
- 8. Civil defense: 11 A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities.
Application [Program Code(s): 03710] ............................................................................................................................... $2,600.
- 9. Device, product, or sealed source safety evaluation:
A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution.
Applicationeach device ................................................................................................................................................... $17,900.
B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices.
Applicationeach device ................................................................................................................................................... $9,300.
C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution.
Applicationeach source ................................................................................................................................................... $5,500.
D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manu-factured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel.
Applicationeach source ................................................................................................................................................... $1,100.
- 10. Transportation of radioactive material:
A. Evaluation of casks, packages, and shipping containers.
jbell on DSKJLSW7X2PROD with RULES2
- 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.
- 1. Users and Fabricators. Application ................................................................................................................................ $4,300.
Inspections .................................................................................................................................................................. Full Cost.
- 2. Users. Application .......................................................................................................................................................... $4,300.
Inspections .................................................................................................................................................................. Full Cost.
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32175 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. 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: 25110] .......................................................................................................................................... Full Cost.
- 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:
Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 15.E.).
A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under § 110.40(b) of this chapter.
Applicationnew license, or amendment; or license exemption request ......................................................................... $20,200.
B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection Agency, etc.).
Applicationnew license, or amendment; or license exemption request ......................................................................... $10,100.
C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or nat-ural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances.
Applicationnew license, or amendment; or license exemption request ......................................................................... $7,200.
D. Application for export or import of nuclear material not requiring Commission or Executive Branch review, or obtaining foreign government assurances.
Applicationnew license, or amendment; or license exemption request ......................................................................... $4,900.
E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic $4,900.
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 review under § 110.42(e)(4) of this chapter) and to obtain one government-to-government consent for this process. For additional consent see fee category 15.I.
Applicationnew license, or amendment; or license exemption request ......................................................................... $17,300.
G. Application for export of appendix P Category 1 materials requiring Executive Branch review and to obtain one gov-ernment-to-government consent for this process. For additional consents see fee category 15.I.
Applicationnew license, or amendment; or license exemption request ......................................................................... $8,600.
H. Application for export of appendix P Category 1 materials and to obtain one government-to-government consent for this process. For additional consents see fee category 15.I.
Applicationnew license, or amendment; or license exemption request ......................................................................... $4,900.
I. Requests for each additional government-to-government consent in support of an export license application or active export license.
Applicationnew license, or amendment; or license exemption request ......................................................................... $1,400.
Category 2 (Appendix P, 10 CFR Part 110) Exports:
J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance review under § 110.42(e)(4) of this chapter).
Applicationnew license, or amendment; or license exemption request ......................................................................... $17,300.
K. Applications for export of appendix P Category 2 materials requiring Executive Branch review.
Applicationnew license, or amendment; or license exemption request ......................................................................... $8,600.
L. Application for the export of Category 2 materials.
Applicationnew license, or amendment; or license exemption request ......................................................................... $4,300.
M. [Reserved] ............................................................................................................................................................................ N/A.
N. [Reserved] ............................................................................................................................................................................. N/A.
O. [Reserved] ............................................................................................................................................................................ N/A.
jbell on DSKJLSW7X2PROD with RULES2 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- $1,400.
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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32176 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / 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 § 150.20 of this chapter.
Application .......................................................................................................................................................................... $2,700.
- 17. Master materials licenses of broad scope issued to Government agencies.
Application [Program Code(s): 03614] ...................................................................................................................................... Full Cost.
- 18. Department of Energy:
A. Certificates of Compliance. Evaluation 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:
(1) Application and registration fees. Applications for new materials licenses and export and import licenses; applications to reinstate expired, terminated, or inactive licenses, except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category.
(i) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category.
(ii) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for fee category 1.C. only.
(2) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, pre-application 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).
(3) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment, unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category would apply.
(4) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c).
(5) Generally licensed device registrations under 10 CFR 31.5. Submittals of registration information must be accompanied by the prescribed fee.
2 Fees will be charged for approvals issued under a specific exemption provision of the 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.
9Licensees 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.
- 11. Revise § 170.51 to read as follows: PART 171ANNUAL FEES FOR 2201(w), 2273, 2282); Energy Reorganization REACTOR LICENSES AND FUEL Act of 1974, sec. 201 (42 U.S.C. 5841); 42
§ 170.51 Right to dispute assessed fees. U.S.C. 2215; 44 U.S.C. 3504 note.
CYCLE LICENSES AND MATERIALS All debtors disputes of fees assessed LICENSES, INCLUDING HOLDERS OF 13. Revise § 171.3 to read as follows:
must be submitted in accordance with CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY § 171.3 Scope.
ASSURANCE PROGRAM APPROVALS The regulations in this part apply to AND GOVERNMENT AGENCIES any person holding an operating license jbell on DSKJLSW7X2PROD with RULES2 LICENSED BY THE NRC for a non-power production or utilization facility issued under 10 CFR
- 12. The authority citation for part 171 part 50 that has provided notification to is revised to read as follows: the Nuclear Regulatory Commission Authority: Atomic Energy Act of 1954, (NRC) that the licensee has successfully secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, completed startup testing, and to any VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32177 person holding an operating license for 15. In § 171.11, revise paragraph (c) to (2) The FY 2021 annual fees are a power reactor or small modular read as follows: comprised of a base annual fee for reactor licensed under 10 CFR part 50 power reactors licensed to operate, a or a combined license issued under 10 § 171.11 Exemptions. base spent fuel storage/reactor CFR part 52 that has provided * * * *
- decommissioning annual fee, and notification to the NRC that the licensee (c) The Commission may, upon associated additional charges. The has successfully completed power application by an interested person or activities comprising the spent fuel ascension testing. The regulations in on its own initiative, grant an storage/reactor decommissioning base this part also apply to any person exemption from the requirements of this annual fee are shown in paragraphs holding a materials license as defined in part that it determines is authorized by (c)(2)(i) and (ii) of this section. The this part, a certificate of compliance, a law and otherwise in the public interest. activities comprising the FY 2021 base sealed source or device registration, a * * * *
- annual fee for operating power reactors quality assurance program approval, 16. In § 171.15: are as follows:
and to a Government agency as defined a. Revise the section heading and * * * *
- in this part. Notwithstanding the other paragraphs (a), (b)(1), (b)(2) introductory (c)(1) The FY 2021 annual fee for each provisions in this section, the text, (c)(1), and (c)(2) introductory text; power reactor holding a 10 CFR part 50 regulations in this part do not apply to b. Remove paragraph (d); license or combined license issued uranium recovery and fuel facility c. Redesignate paragraphs (e) and (f) under 10 CFR part 52 that is in a licensees until after the Commission as paragraphs (d) and (e); and decommissioning or possession-only verifies through inspection that the d. Revise newly redesignated status and has spent fuel onsite, and for facility has been constructed in paragraphs (d) and (e). each independent spent fuel storage 10 accordance with the requirements of the The revisions read as follows: CFR part 72 licensee who does not hold license. a 10 CFR part 50 license or a 10 CFR
§ 171.15 Annual fees: Non-power
- 14. In § 171.5, revise the definition of production or utilization licenses, reactor part 52 combined license, is $237,000.
Budget authority and add a definition licenses, and independent spent fuel (2) The FY 2021 annual fee is for Non-power production or storage licenses. comprised of a base spent fuel storage/
utilization facility in alphabetical order (a) Each person holding an operating reactor decommissioning annual fee to read as follows: license for one or more non-power (which is also included in the operating production or utilization facilities under power reactor annual fee shown in
§ 171.5 Definitions.
10 CFR part 50 that has provided paragraph (b) of this section). The
- * * *
- activities comprising the FY 2021 spent notification to the NRC of the successful Budget authority means the authority, completion of startup testing; each fuel storage/reactor decommissioning in the form of an appropriation, person holding an operating license for rebaselined annual fee are:
provided by law and becoming available a power reactor licensed under 10 CFR * * * *
- during the year, to enter into obligations part 50 or a combined license under 10 (d)(1) Each person holding an that will result in immediate or future CFR part 52 that has provided operating license for an SMR issued outlays involving Federal Government notification to the NRC of the successful under 10 CFR part 50 or a combined funds. The appropriation is an completion of power ascension testing; license issued under 10 CFR part 52 that authorization by an Act of Congress that each person holding a 10 CFR part 50 has provided notification to the NRC of permits the NRC to incur obligations or 52 power reactor license that is in the successful completion startup and to make payments out of the decommissioning or possession only testing, shall pay the annual fee for all Treasury for specified purposes. Fees status, except those that have no spent licenses held for an SMR site. The assessed pursuant to Public Law 115- fuel onsite; and each person holding a annual fee will be determined using the 439 are based on the NRCs budget 10 CFR part 72 license who does not cumulative licensed thermal power authority. hold a 10 CFR part 50 or 52 license and rating of all SMR units and the bundled
- * * *
- provides notification in accordance with unit concept, during the fiscal year in Non-power production or utilization 10 CFR 72.80(g), shall pay the annual which the fee is due. For a given site, facility means a production or fee for each license held during the the use of the bundled unit concept is utilization facility licensed under 10 Federal fiscal year in which the fee is independent of the number of SMR CFR 50.21(a) or (c), or 10 CFR 50.22, as due. This paragraph (a) does not apply plants, the number of SMR licenses applicable, that is not a nuclear power to test or research reactors exempted issued, or the sequencing of the SMR reactor or production facility as defined under § 171.11(b). licenses that have been issued.
under paragraphs (1) and (2) of the (b)(1) The FY 2021 annual fee for each (2) The annual fees for a small definition of production facility in 10 operating power reactor that must be modular reactor(s) located on a single CFR 50.2. collected by September 30, 2021, is site to be collected by September 30 of
- * * * * $4,749,000. each year, are as follows:
TABLE 1 TO PARAGRAPH (d)(2)
Bundled unit thermal power rating Minimum fee Variable fee Maximum fee First Bundled Unit:
0 MWt 250 MWt .................................................................................................................
jbell on DSKJLSW7X2PROD with RULES2 TBD ................ N/A ................. N/A.
>250 MWt 2,000 MWt ........................................................................................................ TBD ................ TBD ................ N/A.
>2,000 MWt 4,500 MWt ..................................................................................................... N/A ................. N/A ................. TBD.
Additional Bundled Units:
0 MWt 2,000 MWt .............................................................................................................. N/A ................. TBD ................ N/A.
>2,000 MWt 4,500 MWt ..................................................................................................... N/A ................. N/A ................. TBD.
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32178 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations (3) The annual fee for an SMR is exempted from fees under § 171.11(b), addition to 10 CFR part 72 licenses, may collected under this paragraph (d) is in is $80,000. qualify as a small entity. If a licensee lieu of any fee otherwise required under 17. In § 171.16: qualifies as a small entity and provides paragraph (b) of this section. The annual a. Revise paragraphs (c) and (d); and the Commission with the proper fee under this paragraph (d) covers the b. Remove paragraph (e). certification along with its annual fee same activities listed for the power The revisions read as follows: payment, the licensee may pay reduced reactor base annual fee and the spent § 171.16 Annual fees: Materials licensees, annual fees as shown in Table 1 to this fuel storage/reactor decommissioning holders of certificates of compliance, paragraph (c). Failure to file a small reactor fee. holders of sealed source and device entity certification in a timely manner registrations, holders of quality assurance could result in the receipt of a (e) The FY 2021 annual fee for program approvals, and government licensees authorized to operate one or delinquent invoice requesting the agencies licensed by the NRC.
more non-power production or outstanding balance due and/or denial
- * * *
- of any refund that might otherwise be utilization facilities under a single 10 (c) A licensee who is required to pay CFR part 50 license, unless the reactor due. The small entity fees are as follows:
an annual fee under this section, in TABLE 1 TO PARAGRAPH (c)
Maximum annual fee NRC small entity classification per licensed category Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years):
$485,000 to $7 million .................................................................................................................................................................. $4,900 Less than $485,000 ...................................................................................................................................................................... 1,000 Small Not-For-Profit Organizations (Annual Gross Receipts):
$485,000 to $7 million .................................................................................................................................................................. 4,900 Less than $485,000 ...................................................................................................................................................................... 1,000 Manufacturing Entities that Have An Average of 500 Employees or Fewer:
35 to 500 employees .................................................................................................................................................................... 4,900 Fewer than 35 employees ............................................................................................................................................................ 1,000 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population):
20,000 to 49,999 .......................................................................................................................................................................... 4,900 Fewer than 20,000 ....................................................................................................................................................................... 1,000 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer:
35 to 500 employees .................................................................................................................................................................... 4,900 Fewer than 35 employees ............................................................................................................................................................ 1,000 (d) The FY 2021 annual fees for subject to fees under this section are materials licensees and holders of shown table 2 to this paragraph (d):
certificates, registrations, or approvals TABLE 2 TO PARAGRAPH (d)SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC
[See footnotes at end of table]
Annual 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] .......................................... $4,643,000 (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 15 [Program Code(s):
21210] ................................................................................................................................................................................ $1,573,000 (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] ........................................................................... $1,037,000 (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] ............................................................................................................................................. $2,400 D. All other special nuclear material licenses, except licenses authorizing special nuclear material in sealed or unsealed jbell on DSKJLSW7X2PROD with RULES2 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] ...................................................................................................................................... $5,700 E. Licenses or certificates for the operation of a uranium enrichment facility 15 [Program Code(s): 21200] .............................. $2,023,000 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] $4,300
- 2. Source material:
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32179 TABLE 2 TO PARAGRAPH (d)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 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] ............ $467,000 (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] ....................................................................................... $47,200 (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 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] ............................................................................................................................................................... $2,700 C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter. [Program Code: 11240] ....................................................................................................................................... $8,900 D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter. [Program Code(s):
11230 and 11231] ..................................................................................................................................................................... $5,100 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] ...................................................................................... $6,300 F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ...................... $8,500
- 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] ................................................................................................................ $27,400 (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): 04010, 04012, 04014] ............................................................................... $36,400 (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] ................................................................. $45,500 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] .................................................................................................................................... $9,600 (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] ............................................................................................................ $12,700 (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] .............................................................................................. $15,800 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) of this chapter. Number of locations of use: 1-5. [Program Code(s): 02500, 02511, 02513] ........................................................................................................................................................................... $9,000 (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] ........................................................................................................................................................ $12,000 (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 jbell on DSKJLSW7X2PROD with RULES2 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] ......................................................................................................................................... $16,200 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] .......................................................... $9,900 VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\16JNR2.SGM 16JNR2
32180 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations TABLE 2 TO PARAGRAPH (d)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 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] ....................................................................................................................................................................................... $8,900 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] ................... $72,100 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] ............................................................................ $8,700 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, 03253, 03256] ....................................................................................................................................................................................... $17,400 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] ........................................................................................................ $3,600 K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter, 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] ................................................. $2,700 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] ............................................................................................... $12,500 (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] .............................................................................. $16,600 (2) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: More than
- 20. [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .................................................................. $20,700 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] .............................................................. $13,400 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] .... $15,200 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] .... $29,100 (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] ..................................................................................................................................................... $38,700 (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] ........................................................................................................................................... $48,600 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] ............................................................................................................................................................... $9,900 (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] ........................................................................................................................................... $13,100 (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 § 31.12 of this chapter which exceed the number of items or limits specified in that section: 14 jbell on DSKJLSW7X2PROD with RULES2 (1). Possession of quantities exceeding the number of items or limits in § 31.12(a)(4), or (5) of this chapter but less than or equal to 10 times the number of items or limits specified [Program Code(s): 02700] ........................................ $6,000 (2). Possession of quantities exceeding 10 times the number of items or limits specified in § 31.12(a)(4) or (5) of this chapter [Program Code(s): 02710] .................................................................................................................................... $6,400 S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................... $23,800
- 4. Waste disposal and processing:
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32181 TABLE 2 TO PARAGRAPH (d)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 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, 03236, 06100, 06101] ............................................................................................................................................................... $22,500 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] ............................... $15,800 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] ................................................................................................ $8,700
- 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] ............ $12,500 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] ...................................................................................................................... $28,100
- 7. Medical licenses:
A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. 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] ................................ $27,100 (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] ................................................................................................................................................................................ $36,100 (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] .................................................................................................................................................................... $45,200 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] .................................................................................................. $37,000 (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] ............................................. $49,300 (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] ............................... $61,500 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] ...................................................................................... $16,800 (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] ................................................... $16,900 (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 jbell on DSKJLSW7X2PROD with RULES2 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] ................................... $20,900
- 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] ............................................................................................................................................ $6,000
- 9. Device, product, or sealed source safety evaluation:
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32182 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations TABLE 2 TO PARAGRAPH (d)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 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 .................................................................. $17,900 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 ....................................................................................................................................................... $9,300 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 ..................................................................................... $5,500 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 .................................................................................................................................................................... $1,100
- 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
- 2. Other Casks ...................................................................................................................................................................... 6 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 B. General licenses for storage of spent fuel under § 72.210 of this chapter ............................................................................. 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
- 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] ................................. $340,000
- 18. Department of Energy:
A. Certificates of Compliance ....................................................................................................................................................... 10 $1,354,000 B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] .................................. $117,000 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 part 30, 40, 70, 71, 72, or 76 of this chapter.
3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 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 jbell on DSKJLSW7X2PROD with RULES2 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.
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 32183 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.
- 18. In § 171.17, revise paragraphs reactor licensees or the annual fee for termination request. The annual fee for (a)(1) and (2) to read as follows: small modular reactor licensees, who materials licenses with annual fees of have requested amendment to withdraw $100,000 or greater for a single fee
§ 171.17 Proration.
operating authority permanently during category for the current FY will be (a) * *
- the FY will be prorated based on the prorated based on the number of days (1) New licenses. (i) The annual fees number of days during the FY the remaining in the FY when a termination for new licenses for power reactors and license was in effect before docketing of request or a request for a possession-small modular reactors that are subject the certifications for permanent only license is received by the NRC, to fees under this part, for which the cessation of operations and permanent provided the licensee permanently licensee has notified the NRC on or after removal of fuel from the reactor vessel ceased licensed activities during the October 1 of a fiscal year (FY) that the or when a final legally effective order to specified period. The annual fee for licensee has successfully completed permanently cease operations has come non-power production or utilization power ascension testing, are prorated on into effect. The spent fuel storage/ facilities will be prorated based on the the basis of the number of days reactor decommissioning annual fee for number of days remaining in the FY remaining in the FY. Thereafter, the full reactor licensees who permanently when the authorization to operate the annual fee is due and payable each subsequent FY. cease operations and have permanently facility has been permanently removed (ii) The annual fees for new licenses removed fuel from the site during the from the license during the FY.
for non-power production or utilization FY will be prorated on the basis of the * * * *
- facilities, 10 CFR part 72 licensees who number of days remaining in the FY after docketing of both the certifications 19. Add § 171.26 to read as follows:
do not hold 10 CFR part 50 or 52 licenses, and materials licenses with of permanent cessation of operations § 171.26 Right to dispute assessed fees.
annual fees of $100,000 or greater for a and permanent removal of fuel from the single fee category for the current FY, site. The spent fuel storage/reactor All debtors disputes of fees assessed that are subject to fees under this part decommissioning annual fee will be must be submitted in accordance with and are granted a license to operate on prorated for those 10 CFR part 72 10 CFR 15.31.
or after October 1 of a FY, are prorated licensees who do not hold a 10 CFR part Dated: June 9, 2021.
on the basis of the number of days 50 or 52 license who request For the Nuclear Regulatory Commission.
remaining in the FY. Thereafter, the full termination of the 10 CFR part 72 Cherish K. Johnson, annual fee is due and payable each license and permanently cease activities subsequent FY. authorized by the license during the FY Chief Financial Officer.
(2) Terminations. The base operating based on the number of days the license [FR Doc. 2021-12546 Filed 6-15-21; 8:45 am]
power reactor annual fee for operating was in effect before receipt of the BILLING CODE 7590-01-P jbell on DSKJLSW7X2PROD with RULES2 VerDate Sep<11>2014 19:08 Jun 15, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4701 Sfmt 9990 E:\FR\FM\16JNR2.SGM 16JNR2