578 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 

Document 

ADAMS 

accession No./ 

Federal Register 

citation 

‘‘40 CFR Part 192, Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings; Proposed Rule,’’ 

January 19, 2017.

82 FR 7400 

‘‘40 CFR Part 192, Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings; Proposed Rule; 

Withdrawal,’’ October 30, 2018.

83 FR 54543 

NUREG–1569, ‘‘Standard Review Plan for In Situ Leach Uranium Extraction License Applications: Final Report,’’ June 2003 ML032310005 

‘‘NRC Staff’s Comments on EPA Proposed Rulemaking for 40 CFR Part 192 Rule, 82 FR 7400,’’ July 17, 2017 ..................... ML17173A638 

‘‘40 CFR Part 192, Environmental Standards for Uranium and Thorium Mill Tailings at Licensed Commercial Processing 

Sites; Final Rule,’’ October 7, 1983.

48 FR 45926 

‘‘40 CFR Part 192, Environmental Standards for Uranium and Thorium Mill Tailings at Licensed Commercial Processing 

Sites; Final Rule,’’ November 15, 1993.

58 FR 60340 

‘‘Uranium Mill Tailings Regulations; Conforming NRC Requirements to EPA Standards; Final Rule,’’ October 16, 1985 .......... 50 FR 41852 

‘‘40 CFR Part 192, Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings; Proposed Rule,’’ 

January 26, 2015.

80 FR 4156 

Throughout the development of this 

assessment, the NRC may post related 

documents, including public comments, 

on the Federal rulemaking website at 

http://www.regulations.gov under 

Docket ID NRC–2008–0421. The Federal 

rulemaking website allows you to 

receive alerts when changes or additions 

occur in a docket folder. To subscribe: 

(1) Navigate to the docket folder (NRC– 

2008–0421); (2) click the ‘‘Sign up for 

Email Alerts’’ link; and (3) enter your 

email address and select how frequently 

you would like to receive emails (daily, 

weekly, or monthly). 

Dated at Rockville, Maryland, this 28th day 

of January 2019. 

For the Nuclear Regulatory Commission. 

Theresa V. Clark, 

Deputy Director, Division of Rulemaking, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 2019–00435 Filed 1–30–19; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 170 and 171 

[NRC–2017–0032; Docket No. PRM–170–7; 

NRC–2018–0172] 

RIN 3150–AJ99 

Revision of Fee Schedules; Fee 

Recovery for Fiscal Year 2019 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend the licensing, inspection, special 

project, and annual fees charged to its 

applicants and licensees. These 

proposed amendments are necessary to 

implement the Omnibus Budget 

Reconciliation Act of 1990, as amended 

(OBRA–90), which requires the NRC to 

recover approximately 90 percent of its 

annual budget through fees less certain 

amounts excluded from this feerecovery requirement. President Trump 

signed the Energy and Water, Legislative 

Branch, and Military Construction and 

Veterans Affairs Appropriations Act, 

2019 on September 21, 2018. That Act 

appropriated approximately $911.0 

million to the NRC, which is a decrease 

of approximately $11.0 million from FY 

2018. Based on that total budget 

authority, the NRC is proposing to 

collect $781.9 million in fees in FY 

2019. 

DATES: Submit comments by March 4, 

2019. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to ensure 

consideration only for comments 

received before this date. Because 

OBRA–90 requires the NRC to collect 

the FY 2019 fees by September 30, 2019, 

the NRC will not grant any requests for 

an extension of the comment period. 

ADDRESSES: You may submit comments 

by any of the following methods (unless 

this document describes a different 

method for submitting comments on a 

specific subject): 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0032. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rule. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Michele Kaplan, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

5256; email: Michele.Kaplan@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Background; Statutory Authority 

III. Specific Request for Comment: Petition 

for Rulemaking 

IV. Discussion 

V. Regulatory Flexibility Certification 

VI. Regulatory Analysis 

VII. Backfitting and Issue Finality 

VIII. Plain Writing 

IX. National Environmental Policy Act 

X. Paperwork Reduction Act 

Public Protection Notification 

XI. Voluntary Consensus Standards 

XII. Availability of Guidance 

XIII. Public Meeting 

XIV. Availability of Documents 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2017– 

0032 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 


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Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 579 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0032. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209 or 

301–415–4737, or by email to 

pdr.resource@nrc.gov. The ADAMS 

accession number for each document 

referenced in this document (if that 

document is available in ADAMS) is 

provided the first time that a document 

is referenced. For the convenience of the 

reader, the ADAMS accession numbers 

are also provided in a table in the 

‘‘Availability of Documents’’ section of 

this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2017– 

0032 in the subject line of your 

comment submission in order to ensure 

that the NRC is able to make your 

comment submission publicly available 

in this docket. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC posts all comment 

submissions at http://

www.regulations.gov as well as entering 

the comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment 

submissions. Your request should state 

that the NRC does not routinely edit 

comment submissions to remove such 

information before making the comment 

submissions available to the public or 

entering the comment submissions into 

ADAMS. 

II. Background; Statutory Authority 

The NRC’s fee regulations are 

primarily governed by two laws: (1) The 

Independent Offices Appropriation Act, 

1952 (IOAA) (31 U.S.C. 9701), and (2) 

OBRA–90 (42 U.S.C. 2214). The IOAA 

generally authorizes and encourages 

Federal regulatory agencies to recover— 

to the fullest extent possible—costs 

attributable to services provided to 

identifiable recipients. The OBRA–90 

requires the NRC to recover 

approximately 90 percent of its budget 

authority for the fiscal year through fees; 

in FY 2019, amounts appropriated for 

the development of regulatory 

infrastructure for advanced reactor 

technologies, international activities, 

Waste Incidental to Reprocessing, 

generic homeland security activities, 

and Inspector General services for the 

Defense Nuclear Facilities Safety Board 

are excluded from this fee-recovery 

requirement. The OBRA–90 first 

requires the NRC to use its IOAA 

authority to collect service fees for NRC 

work that provides specific benefits to 

identifiable applicants and licensees 

(such as licensing work, inspections, 

and special projects). The regulations at 

part 170 of title 10 of the Code of 

Federal Regulations (10 CFR) authorize 

these fees. But, because the NRC’s fee 

recovery under the IOAA (10 CFR part 

170) does not equal 90 percent of the 

NRC’s budget authority for the fiscal 

year, the NRC also assesses ‘‘annual 

fees’’ under 10 CFR part 171 to recover 

the remaining amount necessary to meet 

OBRA–90’s fee-recovery requirement. 

These annual fees recover costs that are 

not otherwise collected through 10 CFR 

part 170. 

III. Specific Request for Comment: 

Petition for Rulemaking (PRM–170–7; 

NRC–2018–0172) 

The NRC welcomes general comments 

on this proposed rule; in addition, the 

NRC is requesting public comment on 

the issues raised in a petition for 

rulemaking (ADAMS Accession No. 

ML18214A757), dated July 3, 2018, 

which was submitted to the NRC by 

Christopher S. Pugsley, Esq. (the 

petitioner), on behalf of Water 

Remediation Technology (WRT), LLC. 

The petitioner requests that the NRC 

amend its regulations regarding full cost 

recovery of licensee fees. The petition 

was docketed by the NRC on August 2, 

2018, and was assigned Docket No. 

PRM–170–7. The NRC published a 

notice of docketing in the Federal 

Register on November 2, 2018 (83 FR 

55113), but did not request public 

comment at that time. Please include 

Docket ID NRC–2018–0172 in the 

subject line of your comment 

submission in order to ensure that the 

NRC is able to make your comment 

submission publicly available in the 

petition’s docket. You may submit 

comments on this petition using the 

methods listed in the ADDRESSES section 

of this document. 

The petitioner requests that the NRC 

amend its regulations to re-categorize 

WRT as a licensee that does not require 

full-cost recovery for fees billed to it 

during the life of its license under 10 

CFR part 170. The petitioner also 

requests that the NRC address 

consistency issues between 10 CFR 

parts 170 and 171 for small entities, and 

consider amending language under 

§ 170.11 to extend the time within 

which a licensee may appeal the 

assessment of fees and apply for a fee 

exemption. The petitioner has asked the 

NRC to consider these rule changes 

within the context of its rulemaking to 

amend 10 CFR parts 170 and 171 to 

collect FY 2019 fees. See the FY 2019 

Policy Change section of this document 

for additional information. 

IV. Discussion 

FY 2019 Fee Collection—Overview 

The NRC is issuing this FY 2019 

proposed fee rule based on the Energy 

and Water, Legislative Branch, and 

Military Construction and Veterans 

Affairs Appropriations Act, 2019 (Pub. 

L. 155–244) (enacted budget). The total 

enacted budget for the NRC in FY 2019 

is approximately $911.0 million, a 

decrease of approximately $11.0 million 

from FY 2018. As explained previously, 

certain portions of the NRC’s total 

budget are excluded from OBRA–90’s 

fee-recovery requirement. Based on the 

FY 2019 enacted budget, these 

exclusions total to $43.4 million, 

consisting of $16.1 million for 

international activities, $10.3 million for 

advanced reactor technologies 

regulatory infrastructure, $1.3 million 

for Waste Incidental to Reprocessing 

activities, $1.1 million for Inspector 

General services for the Defense Nuclear 

Facilities Safety Board, and $14.6 

million for generic homeland security 

activities. Additionally, OBRA–90 

requires the NRC to recover only 

approximately 90 percent of the 

remaining budget authority for the fiscal 

year—10 percent of the remaining 

budget authority is not recovered 

through fees. The NRC refers to the 

activities included in this 10-percent as 

‘‘fee-relief’’ activities. After accounting 

for the fee-recovery exclusions, the feerelief activities, and net billing 

adjustments (i.e., the sum of unpaid 

current year invoices (estimated) minus 

payments for prior year invoices), the 

NRC must bill approximately $781.9 

million in fees in FY 2019. Of this 

amount, the NRC estimates that $246.7 

million will be recovered through 10 

CFR part 170 service fees; that leaves 


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1For each table, numbers may not add due to 

rounding. 

2The adjustment to the NRC’s FY 2018 fee 

recovery amount associated with the USAID 

rescission is shown in Table 1. Because the USAID 

rescission amount was approximately $0.1 million 

in FY 2018, the proportion of the USAID rescission 

applicable to each fee class is not shown in the 

accompanying tables for each fee class. In FY 2019, 

USAID was not included as part of the 

appropriation. 

approximately $535.2 million to be 

recovered through 10 CFR part 171 

annual fees. Table I summarizes the feerecovery amounts for the FY 2019 

proposed fee rule using the enacted 

budget, and taking into account 

excluded activities, fee-relief activities, 

and net billing adjustments. For all 

information presented in the following 

tables, individual values may not sum to 

totals due to rounding. Please see the 

work papers (ADAMS Accession No. 

ML18361A780) for actual amounts. 

TABLE I—BUDGET AND FEE RECOVERY AMOUNTS 1

[Dollars in millions] 

FY 2018 

final rule 

FY 2019 

proposed rule 

Percentage 

change 

Total Budget Authority ................................................................................................................. $922.0 $911.0 ¥1.2 

Less Excluded Fee Items ............................................................................................................ ¥43.8 ¥43.4 ¥0.9 

Balance ................................................................................................................................. 878.2 867.6 ¥1.2 

Fee Recovery Percent ................................................................................................................. 90 90 0.0 

Total Amount to be Recovered: .................................................................................................. 790.4 780.8 ¥1.2 

Adjustment USAID Rescission 2 ........................................................................................... ¥0.1 0.0 100.0 

Total Amount to be Recovered Post USAID: .............................................................................. 790.3 780.8 ¥1.2 

10 CFR Part 171 Billing Adjustments: .................................................................................

Unpaid Current Year Invoices (estimated) ........................................................................... 6.5 3.9 ¥40.0 

Less Payments Received in Current Year for Previous Year Invoices (estimated) ............ ¥7.5 ¥2.8 ¥62.7 

Subtotal ......................................................................................................................... ¥1.0 1.1 210.0 

Amount to be Recovered through 10 CFR Parts 170 and 171 Fees ......................................... 789.3 781.9 ¥0.9 

Less Estimated 10 CFR Part 170 Fees ............................................................................... ¥280.8 ¥246.7 ¥12.1 

10 CFR Part 171 Fee Collections Required ........................................................................ 508.5 535.2 5.3

FY 2019 Fee Collection—Professional 

Hourly Rate 

The NRC uses a professional hourly 

rate to assess fees for specific services 

provided by the NRC under 10 CFR part 

170. The professional hourly rate also 

helps determine flat fees (which are 

used for the review of certain types of 

license applications). This rate would be 

applicable to all activities for which fees 

are assessed under §§ 170.21 and 

170.31. 

The NRC’s professional hourly rate is 

derived by adding budgeted resources 

for: (1) Mission-direct program salaries 

and benefits; (2) mission-indirect 

program support; and (3) agency 

support (corporate support and the 

Inspector General), and then subtracting 

certain offsetting receipts, and then 

dividing this total by the mission-direct 

full-time equivalents (FTE) converted to 

hours. The mission-direct FTE 

converted to hours is the product of the 

mission-direct FTE multiplied by the 

estimated annual mission-direct FTE 

productive hours. The only budgeted 

resources excluded from the 

professional hourly rate are those for 

mission-direct contract resources, which 

are generally billed to licensees 

separately. The following shows the 

professional hourly rate calculation: 

For FY 2019, the NRC is proposing to 

increase the professional hourly rate 

from $275 to $278. The 1.1 percent 

increase in the FY 2019 professional 

hourly rate is due primarily to the 

decline in the number of mission-direct 

FTE compared to FY 2018, offset by the 

slight decrease in total budgeted 

resources. The number of mission-direct 

FTE declined by 41, primarily due to 

the standardization and centralization of 

mission support functions within the 

programmatic offices, and the transition 

of Wyoming to status as an Agreement 

State. The FY 2019 estimate for annual 

mission-direct FTE productive hours is 

1,510 hours, which is unchanged from 

FY 2018. This estimate, also referred to 

as the productive hours assumption, 

reflects the average number of hours 

that a mission-direct employee spends 

on mission-direct work in a given year. 

This estimate therefore excludes hours 

charged to annual leave, sick leave, 

holidays, training, and general 

administration tasks. Table II shows the 

professional hourly rate calculation 

methodology. The FY 2018 amounts are 

provided for comparison purposes. 


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3The fees collected by the NRC for Freedom of 

Information Act (FOIA) services and indemnity fees 

(financial protection required of all licensees for 

public liability claims at 10 CFR part 140) are 

subtracted from the budgeted resources amount 

when calculating the 10 CFR part 170 professional 

hourly rate, per the guidance in the Office of 

Management and Budget (OMB) Circular A–25, 

User Charges. The budgeted resources for FOIA 

activities are allocated under the product for 

Information Services within the Corporate Support 

business line. The budgeted resources for 

indemnity activities are allocated under the 

Licensing Actions and Research & Test Reactors 

products within the Operating Reactors business 

line. 

TABLE II—PROFESSIONAL HOURLY RATE CALCULATION

[Dollars in millions, except as noted] 

FY 2018 final 

rule 

FY 2019 

proposed 

rule 

Percentage 

change 

Mission-Direct Program Salaries & Benefits ............................................................................... $325.7 $334.7 2.8 

Mission-Indirect Program Support ............................................................................................... 135.0 120.6 ¥10.7 

Agency Support (Corporate Support and the Inspector General) .............................................. 308.1 304.5 ¥1.2 

Subtotal ................................................................................................................................. 768.8 759.8 ¥1.2 

Less Offsetting Receipts 3 ........................................................................................................... 0.0 0.0 0.0 

Total Budgeted Resources Included in Professional Hourly Rate ....................................... 768.8 759.8 ¥1.2 

Mission-Direct FTE (Whole numbers) ......................................................................................... 1,851 1,810 ¥2.2 

Annual Mission-Direct FTE Productive Hours (Whole numbers) ................................................ 1,510 1,510 0.0 

Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual Mission-Direct FTE Productive Hours) (Whole numbers) ........................................................................ 2,795,010 2,733,100 ¥2.2 

Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate 

Divided by Mission-Direct FTE Converted to Hours) (Whole Numbers) ................................. 275 278 1.1 

FY 2019 Fee Collection—Flat 

Application Fee Changes 

The NRC proposes to amend the flat 

application fees that it charges to 

applicants for materials licenses and 

other regulatory services, and holders of 

materials licenses in its schedule of fees 

in §§ 170.21 and 170.31 to reflect the 

revised professional hourly rate of $278. 

The NRC calculates these flat fees by 

multiplying the average professional 

staff hours needed to process the 

licensing actions by the proposed 

professional hourly rate for FY 2019. 

The NRC analyzes the actual hours 

spent performing licensing actions and 

then estimates the average professional 

staff hours that are needed to process 

licensing actions as part of its biennial 

review of fees, which is required by 

Section 205(a) of the Chief Financial 

Officers Act of 1990 (31 U.S.C. 

902(a)(8)). The NRC performed this 

review in FY 2019 and will perform this 

review again in FY 2021. The biennial 

review adjustments and the higher 

professional hourly rate of $278 are the 

primary reasons for the increase in 

application fees. Please see the work 

papers for more detail. 

The NRC rounds these flat fees in 

such a way that ensures both 

convenience for its stakeholders and 

that any rounding effects are minimal. 

Accordingly, fees under $1,000 are 

rounded to the nearest $10, fees 

between $1,000 and $100,000 are 

rounded to the nearest $100, and fees 

greater than $100,000 are rounded to the 

nearest $1,000. 

The proposed licensing flat fees are 

applicable for certain materials 

licensing actions (see fee categories 1.C. 

through 1.D., 2.B. through 2.F., 3.A. 

through 3.S., 4.B. through 5.A., 6.A. 

through 9.D., 10.B., 15.A. through 15.L., 

15.R., and 16 of § 170.31). Because the 

enacted budget excludes international 

activities from the fee-recoverable 

budget, the NRC is not proposing to 

charge flat fees for import and export 

licensing actions of § 170.21. 

Applications filed on or after the 

effective date of the FY 2019 final fee 

rule will be subject to the revised fees 

in the final rule. 

FY 2019 Fee Collection—Fee-Relief and 

Low-Level Waste (LLW) Surcharge 

As previously noted, OBRA–90 

requires the NRC to recover only 

approximately 90 percent of its annual 

budget authority for the fiscal year. The 

NRC applies the remaining 10 percent 

that is not recovered to offset certain 

budgeted activities—see Table III for a 

full listing of these ‘‘fee-relief’’ 

activities. If the amount budgeted for 

these fee-relief activities is greater or 

less than 10 percent of the NRC’s annual 

budget authority (less the fee-recovery 

exclusions), then the NRC applies a fee 

adjustment (either an increase or 

decrease) to all licensees’ annual fees, 

based on their percentage share of the 

NRC’s budget. 

In FY 2019, the amount budgeted for 

fee-relief activities is less than the 10 

percent threshold. Therefore, the NRC 

proposes to assess a fee-relief credit that 

decreases all licensees’ annual fees 

based on their percentage share of the 

budget. Table III summarizes the feerelief activities budgeted for FY 2019. 

The FY 2018 amounts are provided for 

comparison purposes. 

TABLE III—FEE-RELIEF ACTIVITIES

[Dollars in millions] 

Fee-relief activities 

FY 2018 

budgeted 

resources 

final rule 

FY 2019 

budgeted 

resources 

proposed rule 

Percentage 

change 

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

a. Agreement State oversight ............................................................................................... $13.5 $11.5 ¥14.8 

b. Scholarships and Fellowships .......................................................................................... 15.0 15.0 0.0 


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TABLE III—FEE-RELIEF ACTIVITIES—Continued 

[Dollars in millions] 

Fee-relief activities 

FY 2018 

budgeted 

resources 

final rule 

FY 2019 

budgeted 

resources 

proposed rule 

Percentage 

change 

c. Medical Isotope Production Infrastructure ........................................................................ 3.9 5.0 28.2 

2. Activities not assessed under 10 CFR part 170 service fees or 10 CFR part 171 annual 

fees based on existing law or Commission policy: 

a. Fee exemption for nonprofit educational institutions ....................................................... 8.7 9.1 4.6 

b. Costs not recovered from small entities under 10 CFR 171.16(c) .................................. 6.6 8.1 22.7 

c. Regulatory support to Agreement States ......................................................................... 17.4 14.7 ¥15.5 

d. Generic decommissioning/reclamation (not related to the power reactor and spent fuel 

storage fee classes) .......................................................................................................... 14.5 13.0 ¥10.3 

e. Uranium recovery program and unregistered general licensees ..................................... 1.5 7.0 366.7 

f. Potential Department of Defense remediation program Memorandum of Understanding 

activities ............................................................................................................................ 1.2 2.1 75.0 

g. Non-military radium sites .................................................................................................. 1.7 1.1 ¥35.3 

Total fee-relief activities ........................................................................................................ 83.9 86.6 3.2 

Less 10 percent of the NRC’s total FY budget (less the fee recovery exclusions) ............. ¥87.8 ¥86.8 ¥1.1 

Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees ........................ ¥3.9 ¥0.2 94.9 

Table IV shows how the NRC 

proposes to allocate the $0.2 million feerelief credit to each licensee fee class. 

Due to the transition of Wyoming to 

Agreement State status, the NRC is 

proposing to expand the existing fee 

relief category, ‘‘In situ leach 

rulemaking and unregistered general 

licensees,’’ to include additional 

uranium recovery program budgeted 

resources. This ensures the equitability 

and stability of annual fees for the 

uranium recovery fee class by 

recognizing that now the majority of 

uranium recovery licensees are in 

Agreement States. 

In addition to the fee-relief credit, the 

NRC also proposes to assess a generic 

LLW surcharge of $3.8 million. Disposal 

of LLW occurs at commercially operated 

LLW disposal facilities that are licensed 

by either the NRC or an Agreement 

State. Four existing LLW disposal 

facilities in the United States accept 

various types of LLW. All are located in 

Agreement States and, therefore, are 

regulated by an Agreement State, rather 

than the NRC. The NRC proposes to 

allocate this surcharge to its licensees 

based on data available in the U.S. 

Department of Energy’s (DOE) Manifest 

Information Management System. This 

database contains information on total 

LLW volumes and NRC usage 

information from four generator classes: 

Academic, industrial, medical, and 

utility. The ratio of utility waste 

volumes to total LLW volumes over a 

period of time is used to estimate the 

portion of this surcharge that will be 

allocated to the power reactors, fuel 

facilities, and materials fee classes. The 

materials portion is adjusted to account 

for the fact that a large percentage of 

materials licensees are licensed by the 

Agreement States rather than the NRC. 

Table IV shows the surcharge, and its 

proposed allocation across the various 

fee classes. 

TABLE IV—ALLOCATION OF FEE-RELIEF ADJUSTMENT AND LLW SURCHARGE, FY 2019 

[Dollars in millions] 

LLW surcharge Fee-relief adjustment Total 

Percent $ Percent $ $ 

Operating Power Reactors .................................................. 74.4 2.8257 86.6 ¥0.1322 2.6936 

Spent Fuel Storage/Reactor Decommissioning ................... 0.0 0.0 4.7 ¥0.0072 ¥0.0072 

Research and Test Reactors ............................................... 0.0 0.0 0.2 ¥0.0003 ¥0.0003 

Fuel Facilities ....................................................................... 20.3 0.7708 4.0 ¥0.0062 0.7646 

Materials Users .................................................................... 5.3 0.2012 3.8 ¥0.0058 0.1955 

Transportation ...................................................................... 0.0 0.0 0.6 ¥0.0009 ¥0.0009 

Rare Earth Facilities ............................................................ 0.0 0.0 0.0 0.0 0.0 

Uranium Recovery ............................................................... 0.0 0.0 0.1 ¥0.0002 ¥0.0002 

Total .............................................................................. 100.0 3.7978 100.0 ¥0.1526 3.6451 

FY 2019 Fee Collection—Revised 

Annual Fees 

In accordance with SECY–05–0164, 

‘‘Annual Fee Calculation Method,’’ 

dated September 15, 2005 (ADAMS 

Accession No. ML052580332), the NRC 

rebaselines its annual fees every year. 

‘‘Rebaselining’’ entails analyzing the 

budget in detail and then allocating the 

budgeted costs to various classes or 

subclasses of licensees. It also includes 

updating the number of NRC licensees 

in its fee calculation methodology. 

The NRC proposes to revise its annual 

fees in §§ 171.15 and 171.16 to recover 

approximately 90 percent of the NRC’s 

FY 2019 enacted budget (less the feerecovery exclusions and the estimated 

amount to be recovered through 10 CFR 

part 170 fees). The estimated 10 CFR 

part 170 collections for this proposed 

rule are $246.7 million, a decrease of 


khammond on DSKBBV9HB2PROD with PROPOSALS
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$34.1 million from the FY 2018 fee rule 

(see the specific fee class sections for a 

discussion of this decrease). The NRC, 

therefore, proposes to recover $535.2 

million through annual fees from its 

licensees, which is an increase of $26.7 

million from the FY 2018 final rule. 

Table V shows the proposed 

rebaselined fees for FY 2019 for a 

representative list of categories of 

licensees. The FY 2018 amounts are 

provided for comparison purposes. 

TABLE V—REBASELINED ANNUAL FEES

Class/category of licenses 

FY 2018 

final annual 

fee 

FY 2019 

proposed 

annual fee 

Percentage 

change 

Operating Power Reactors .......................................................................................................... $4,333,000 $4,697,0000 8.4 

+Spent Fuel Storage/Reactor Decommissioning ........................................................................ 198,000 163,000 ¥17.7 

Total, Combined Fee ............................................................................................................ 4,531,000 4,860,000 7.3 

Spent Fuel Storage/Reactor Decommissioning .......................................................................... 198,000 163,000 ¥17.7 

Research and Test Reactors (Non-power Reactors) .................................................................. 81,300 79,000 ¥2.8 

High Enriched Uranium Fuel Facility ........................................................................................... 7,346,000 6,679,000 ¥9.1 

Low Enriched Uranium Fuel Facility ............................................................................................ 2,661,000 2,263,000 ¥15.0 

UF6 Conversion and Deconversion Facility ................................................................................. 1,517,000 1,418,000 ¥6.5 

Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .............................................................. 49,200 49,200 0.0 

Typical Materials Users: 

Radiographers (Category 3O) .............................................................................................. 25,000 30,200 20.8 

Well Loggers (Category 5A) ................................................................................................. 14,900 14,600 ¥2.0 

All Other Specific Byproduct Material Licensees (Category 3P) ......................................... 8,600 10,000 16.3 

Broad Scope Medical (Category 7B) ................................................................................... 30,900 31,800 2.9 

The work papers that support this 

proposed rule show in detail how the 

NRC proposes to allocate the budgeted 

resources for each class of licensees and 

calculate the fees. Paragraphs a. through 

h. of this section describe budgeted 

resources allocated to each class of 

licensees and the calculations of the 

rebaselined fees. For more information 

about detailed fee calculations for each 

class, please consult the accompanying 

work papers. 

a. Operating Power Reactors 

The NRC proposes to collect $460.3 

million in annual fees from the power 

reactor fee class in FY 2019, as shown 

in Table VI. The FY 2018 fees and 

percentage change are shown for 

comparison purposes. 

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations FY 2018 

final 

FY 2019 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $669.9 $670.2 0.0 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥239.6 ¥213.8 ¥10.8 

Net 10 CFR part 171 resources ........................................................................................... 430.4 456.4 6.0 

Allocated generic transportation .................................................................................................. 0.3 0.3 0.0 

Fee-relief adjustment/LLW surcharge ......................................................................................... ¥0.8 2.7 437.5 

Billing adjustment ......................................................................................................................... ¥0.9 1.0 211.1 

Total required annual fee recovery ...................................................................................... 428.9 460.3 7.3 

Total operating reactors ....................................................................................................... 99 98 1.0 

Annual fee per reactor ................................................................................................................. 4.333 4.697 8.4 

In comparison to FY 2018, the 

operating power reactors budgeted 

resources increased minimally in FY 

2019. But estimated billings under 10 

CFR part 170 declined primarily due to 

decreases in both licensing actions and 

inspections resulting from the shutdown 

of the Oyster Creek reactor at the end of 

FY 2018, the planned shutdown of 

Pilgrim and Three Mile Island reactors 

during FY 2019, and the completion of 

the APR1400 design certification for 

Korea Hydro and Nuclear Power Co., 

LTD. Additionally, estimated billings 

under 10 CFR part 170 are expected to 

decline due to the replacement of the 6 

percent automatic overhead charge for 

project manager, resident inspector, and 

senior resident inspector activities with 

new directly billed docket-related cost 

activity codes. 

The recoverable budgeted costs are 

divided equally among the 98 licensed 

power reactors, resulting in a proposed 

annual fee of $4,697,000 per reactor. 

Additionally, each licensed power 

reactor is assessed the FY 2019 spent 

fuel storage/reactor decommissioning 

proposed annual fee of $163,000 (see 

Table VII and the discussion that 

follows). The combined proposed FY 

2019 annual fee for power reactors is, 

therefore, $4,860,000. 

On May 24, 2016, the NRC amended 

its licensing, inspection, and annual fee 

regulations to establish a variable 

annual fee structure for light-water 

small modular reactors (SMRs). Under 

the variable annual fee structure, 

effective June 23, 2016, an SMR’s 

annual fee would be calculated as a 

function of its licensed thermal power 

rating. Currently, there are no operating 

SMRs; therefore, the NRC is not 


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4See Table X for percentage change for each fee 

category. 

proposing an annual fee in FY 2019 for 

this type of licensee. 

b. Spent Fuel Storage/Reactor 

Decommissioning 

The NRC proposes to collect $19.9 

million in annual fees from 10 CFR part 

50 power reactors, and from 10 CFR part 

72 licensees that do not hold a 10 CFR 

part 50 license, to collect the budgeted 

costs for the spent fuel storage/reactor 

decommissioning fee class. 

TABLE VII—ANNUAL FEE SUMMARY CALCULATIONS FOR THE SPENT FUEL STORAGE/REACTOR DECOMMISSIONING FEE

CLASS

[Dollars in millions] 

Summary fee calculations FY 2018 

final 

FY 2019 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $33.8 $35.6 5.3 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥10.2 ¥16.5 61.8 

Net 10 CFR part 171 resources ........................................................................................... 23.7 19.1 ¥19.4 

Allocated generic transportation costs ........................................................................................ 0.7 0.7 0.0 

Fee-relief adjustment ................................................................................................................... ¥0.2 0.0 ¥100 

Billing adjustments ....................................................................................................................... 0.0 0.1 100 

Total required annual fee recovery ...................................................................................... 24.2 19.9 ¥17.8 

Total spent fuel storage facilities .......................................................................................... 122 122 0.0 

Annual fee per facility .................................................................................................................. 0.198 0.163 ¥17.7 

Compared to FY 2018, the FY 2019 

budgeted resources for spent fuel 

storage/reactor decommissioning 

increased due to: (1) An increase in the 

number of financial reviews and 

licensing actions associated with 

operating power reactors undergoing 

decommissioning, (2) the ongoing 

licensing reviews for two consolidated 

Interim storage facility license 

applications including the development 

of environmental impact statements, 

and (3) the independent spent fuel 

storage installation license renewal for 

Three Mile Island-2, Trojan, and Rancho 

Seco and the associated environmental 

assessments. 

The 10 CFR part 170 estimated 

billings for FY 2019 increased due to (1) 

resuming licensing work on Interim 

Storage Partner’s consolidated interim 

storage facility application, (2) 

increasing work on Holtec 

International’s consolidated interim 

storage facility application, and (3) an 

increased workload for reactors in 

decommissioning. 

The annual fee decreased due to 

rising 10 CFR part 170 estimated 

billings. The required annual fee 

recovery amount is divided equally 

among 122 licensees, resulting in a 

proposed FY 2019 annual fee of 

$163,000 per licensee. 

c. Fuel Facilities 

The NRC proposes to collect $24.8 

million in annual fees from the fuel 

facilities class. 

TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2018 

final 

FY 2019 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $35.2 $30.0 ¥14.8 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥9.2 ¥7.2 ¥21.7 

Net 10 CFR part 171 resources ........................................................................................... 26.0 22.8 ¥12.3 

Allocated generic transportation .................................................................................................. 1.3 1.3 0.0 

Fee-relief adjustment/LLW surcharge ......................................................................................... 0.5 0.8 60.0 

Billing adjustments ....................................................................................................................... 0.0 0.0 0.0 

Total remaining required annual fee recovery 4 ................................................................... 27.7 24.8 ¥10.5 

In comparison to FY 2018, the fuel 

facilities budgeted resources decreased 

in FY 2019, primarily due to aligning 

resources with a smaller projected 

workload. 

The estimated 10 CFR part 170 

collections decreased in FY 2019 as a 

result of the expected termination of the 

CB&I AREVA MOX Fuel Fabrication 

facility construction authorization and 

license application withdrawal, and the 

expected completion of Honeywell’s 

license renewal, offset by increased 

work for Westinghouse associated with 

an emergency preparedness exercise, 

confirmatory order items and its license 

renewal. 

The NRC proposes to continue 

allocating annual fees to individual fuel 

facility licensees based on the effort/fee 

determination matrix developed in the 

FY 1999 final fee rule (64 FR 31447; 

June 10, 1999). To briefly recap, the 

matrix groups licensees within this fee 

class into various fee categories. The 

matrix lists processes conducted at 

licensed sites and assigns effort factors 

for the safety and safeguards activities 

associated with each process (these 

effort levels are reflected in Table IX). 


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The annual fees are then distributed 

across the fee class based on the 

regulatory effort predicted by the 

matrix. 

TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2019 

Facility type 

(fee category) 

Number of 

facilities 

Effort factors 

(percent of total) 

Safety Safeguards 

High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... 2 88 91 

Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... 3 70 21 

Limited Operations (1.A.(2)(a)) .................................................................................................... 0 0 0 

Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. 0 0 0 

Hot Cell (and others) (1.A.(2)(c)) ................................................................................................. 0 0 0 

Uranium Enrichment (1.E.) .......................................................................................................... 1 21 23 

UF6 Conversion and Deconversion (2.A.(1)) ............................................................................... 1 12 7 

In FY 2019, the total remaining 

required annual fee recovery amount of 

$24.8 million is comprised of safety 

activities, safeguards activities and the 

fee-relief adjustment/LLW surcharge. 

For FY 2019, the total budgeted 

resources to be recovered as annual fees 

for safety activities are $13.7 million. To 

calculate the annual fee, the NRC 

allocates this amount to each fee 

category based on its percent of the total 

regulatory effort for safety activities. 

Similarly, the NRC allocates the 

budgeted resources to be recovered as 

annual fees for safeguards activities, 

$10.3 million, to each fee category based 

on its percent of the total regulatory 

effort for safeguards activities. Finally, 

the fuel facility fee class’ portion of the 

fee-relief adjustment/LLW surcharge— 

$0.8 million—is allocated to each fee 

category based on its percentage of the 

total regulatory effort for both safety and 

safeguards activities. The annual fee per 

licensee is then calculated by dividing 

the total allocated budgeted resources 

for the fee category by the number of 

licensees in that fee category. The fee for 

each facility is summarized in Table X. 

TABLE X—ANNUAL FEES FOR FUEL FACILITIES

Facility type 

(fee category) 

FY 2018 

final annual 

fee 

FY 2019 

proposed 

annual fee 

Percentage 

change 

High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... $7,346,000 $6,679,000 ¥9.1 

Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... 2,661,000 2,263,000 ¥15.0 

Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. N/A N/A N/A 

Hot Cell (and others) (1.A.(2)(c)) ................................................................................................. N/A N/A N/A 

Uranium Enrichment (1.E.) .......................................................................................................... 3,513,000 3,283,000 ¥6.5 

UF6 Conversion and Deconversion (2.A.(1)) ............................................................................... 1,517,000 1,418,000 ¥6.5 

d. Uranium Recovery Facilities 

The NRC proposes to collect $0.2 

million in annual fees from the uranium 

recovery facilities fee class, a decrease 

of 60.0 percent from FY 2018. 


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5The Congress established the two programs, 

Title I and Title II, under UMTRCA to protect the 

public and the environment from uranium milling. 

The UMTRCA Title I program is for remedial action 

at abandoned mill tailings sites where tailings 

resulted largely from production of uranium for the 

weapons program. The NRC also regulates DOE’s 

UMTRCA Title II program, which is directed 

toward uranium mill sites licensed by the NRC or 

Agreement States in or after 1978. 

TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2018 

final 

FY 2019 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $13.5 $1.1 ¥91.9 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥12.9 ¥0.9 ¥93.0 

Net 10 CFR part 171 resources ........................................................................................... 0.6 0.2 ¥66.7 

Allocated generic transportation .................................................................................................. N/A N/A N/A 

Fee-relief adjustment ................................................................................................................... ¥0.1 0.0 100 

Billing adjustments ....................................................................................................................... 0.0 0.0 0.0 

Total required annual fee recovery ...................................................................................... 0.5 0.2 ¥60.0 

In comparison to FY 2018, the FY 

2019 budgeted resources for uranium 

recovery licensees decreased due to the 

transition of Wyoming to Agreement 

State status and subsequent realignment 

of the Uranium Mill Tailings Radiation 

Control Act (UMTRCA) program. In 

addition, budgeted resources decreased 

as a result of expanding the existing feerelief category, ‘‘In Situ leach 

rulemaking and unregistered general 

licenses’’ to include additional Uranium 

Recovery activities in order to ensure 

equitability and the stability of annual 

fees. 

The NRC regulates DOE’s Title I and 

Title II activities under UMTRCA 5 and 

the proposed annual fee to DOE 

includes the costs specifically budgeted 

for the NRC’s UMTRCA Title I and II 

activities, as well as 10 percent of the 

remaining budgeted costs for this fee 

class. The DOE’s UMTRCA annual fee 

decreased slightly due to the budgeted 

resources reduction and an increase in 

estimated 10 CFR part 170 billings for 

work on the Atlantic Richfield review. 

The NRC assesses the remaining 90 

percent of its budgeted costs to the 

remaining licensee in this fee class, as 

described in the work papers. This is 

reflected in Table XII as follows: 

TABLE XII—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS

Summary of costs 

FY 2018 

final 

annual fee 

FY 2019 

proposed 

annual fee 

Percentage 

change 

DOE Annual Fee Amount (UMTRCA Title I and Title II) General Licenses: 

UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts ...................... $80,921 $114,988 42.1 

10 percent of generic/other uranium recovery budgeted costs ........................................... 47,723 5,484 ¥88.5 

10 percent of uranium recovery fee-relief adjustment ......................................................... ¥6,724 ¥21 99.7 

Total Annual Fee Amount for DOE (rounded) .............................................................. 122,000 120,000 ¥1.6 

Annual Fee Amount for Other Uranium Recovery Licenses: 

90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for UMTRCA Title I and Title II activities ................................................. 429,509 49,355 ¥88.5 

90 percent of uranium recovery fee-relief adjustment ......................................................... ¥60,517 ¥192 99.7 

Total Annual Fee Amount for Other Uranium Recovery Licenses ............................... 368,992 49,163 ¥86.7 

Further, for the non-DOE licensees, 

the NRC continues to use a matrix to 

determine the effort levels associated 

with conducting the generic regulatory 

actions for the different licensees in this 

fee class; this is similar to the NRC’s 

approach for fuel facilities, described 

previously. 

The matrix methodology for uranium 

recovery licensees first identifies the 

licensee categories included within this 

fee class (excluding DOE). These 

categories are: Conventional uranium 

mills and heap leach facilities; uranium 

In Situ Recovery (ISR) and resin ISR 

facilities; and mill tailings disposal 

facilities. The matrix identifies the types 

of operating activities that support and 

benefit these licensees, along with each 

activity’s relative weight (for more 

information, see the work papers). 

Currently, there is only one remaining 

non-DOE licensee which is a Basic In 

Situ Recovery facility. Table XIII 

displays the benefit factors for the nonDOE licensee in that fee category: 

TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES

Fee category Number of 

licensees 

Benefit 

factor per 

licensee 

Total value 

Benefit 

factor 

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 


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TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES—Continued 

Fee category Number of 

licensees 

Benefit 

factor per 

licensee 

Total value 

Benefit 

factor 

percent total 

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 nonDOE licensee is calculated by allocating 100 percent of the budgeted resources, 

as summarized in Table XIV. 

TABLE XIV—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES

[Other than DOE] 

Facility type (fee category) FY 2018 final 

annual fee 

FY 2019 

proposed 

annual fee 

Percentage 

change 

Conventional and Heap Leach mills (2.A.(2)(a)) ......................................................................... $38,800 N/A ¥100 

Basic In Situ Recovery facilities (2.A.(2)(b)) ............................................................................... 49,200 $49,200 0

Expanded In Situ Recovery facilities (2.A.(2)(c)) ........................................................................ 55,700 N/A ¥100 

Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ......................................... 22,000 N/A ¥100 

Uranium water treatment (2.A.(5)) ............................................................................................... 6,500 N/A ¥100 

e. Research and Test Reactors (NonPower Reactors) 

The NRC proposes to collect $0.316 

million in annual fees from the research 

and test reactor licensee class. 

TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR RESEARCH AND TEST REACTORS

[Dollars in millions] 

Summary fee calculations FY 2018 

final 

FY 2019 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $2.009 $1.293 ¥35.6 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥1.698 ¥1.006 ¥40.8 

Net 10 CFR part 171 resources ........................................................................................... 0.311 0.287 ¥7.7 

Allocated generic transportation .................................................................................................. 0.027 0.027 0.0 

Fee-relief adjustment ................................................................................................................... ¥0.010 0.000 100 

Billing adjustments ....................................................................................................................... ¥0.003 0.002 166.7 

Total required annual fee recovery ...................................................................................... 0.325 0.316 ¥2.8 

Total research and test reactors .......................................................................................... 4 4 0.0 

Total annual fee per reactor .......................................................................................... 0.0813 .0790 ¥2.8 

For this fee class, the budgeted 

resources decreased due to projected 

application delays within the medical 

isotope production facilities for Shine 

and NorthWest Medical Isotopes. The 

10 CFR part 170 estimated billings also 

decreased due to projected application 

delays within the medical isotope 

production facilities for Shine and 

NorthWest, offset by an increase in 

activity for Aerotest’s startup inspection 

and license renewal application. The 

proposed FY 2019 annual fee decreased 

due to a decrease in budgeted resources, 

offset by a decline in estimated 10 CFR 

part 170 billings. 

The required annual fee-recovery 

amount is divided equally among the 

four research and test reactors subject to 

annual fees and results in an FY 2019 

annual fee of $79,000 for each licensee. 

f. Rare Earth 

The NRC has not allocated any 

budgeted resources to this fee class; 

therefore, the NRC is not proposing an 

annual fee in FY 2019. 

g. Materials Users 

The NRC proposes to collect $36.5 

million in annual fees from materials 

users licensed under 10 CFR parts 30, 

40, and 70. 


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TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations FY 2018 final FY 2019 

proposed 

Percentage 

change 

Total budgeted resources for licensees not regulated by Agreement States ............................. $32.1 $36.0 12.1 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥0.9 ¥1.0 11.1 

Net 10 CFR part 171 resources ........................................................................................... 31.1 35.0 12.5 

Allocated generic transportation .................................................................................................. 1.3 1.3 0.0 

Fee-relief adjustment/LLW surcharge ......................................................................................... 0.0 0.2 100.0 

Billing adjustments ....................................................................................................................... 0.0 0.0 0.0 

Total required annual fee recovery ............................................................................... 32.4 36.5 12.7

The annual fee for these categories of 

materials users’ licenses is developed as 

follows: Annual Fee = Constant × 

[Application Fee + (Average Inspection 

Cost/Inspection Priority)] + Inspection 

Multiplier × (Average Inspection Cost/ 

Inspection Priority) + Unique Category 

Costs. The total annual fee recovery of 

$36.5 million proposed for FY 2019 

shown in Table XVI consists of the 

following: $28.6 million for general 

costs, $7.5 million for inspection costs, 

$0.2 million for unique costs for 

medical licenses and $0.2 million for fee 

relief/LLW costs. To equitably and fairly 

allocate the $36.5 million required to be 

collected among approximately 2,600 

diverse materials users licensees, the 

NRC continues to calculate the annual 

fees for each fee category within this 

class based on the 10 CFR part 170 

application fees and estimated 

inspection costs for each fee category. 

Because the application fees and 

inspection costs are indicative of the 

complexity of the materials license, this 

approach provides a proxy for allocating 

the generic and other regulatory costs to 

the diverse fee categories. This feecalculation method also considers the 

inspection frequency (priority), which is 

indicative of the safety risk and 

resulting regulatory costs associated 

with the categories of licenses. 

The NRC proposes to both increase 

and decrease annual fees for licensees in 

this fee class in FY 2019 due to the 

results of the biennial review of fees. 

This analysis examines the actual hours 

spent in previous years performing 

licensing actions and then estimates the 

average professional staff hours that are 

needed to process similar licensing 

actions multiplied by the proposed 

professional hourly rate for FY 2019. 

The constant multiplier is established 

to recover the total general costs 

(including allocated generic 

transportation costs) of $28.6 million. 

To derive the constant multiplier, the 

general cost amount is divided by the 

product of all fee categories (application 

fee plus the inspection fee divided by 

inspection priority) then multiplied by 

the number of licensees. This 

calculation results in a constant 

multiplier of 1.33 for FY 2019. The 

average inspection cost is the average 

inspection hours for each fee category 

multiplied by the professional hourly 

rate of $278. The inspection priority is 

the interval between routine 

inspections, expressed in years. The 

inspection multiplier is established in 

order to recover the $7.5 million in 

inspection costs. To derive the 

inspection multiplier, the inspection 

costs amount is divided by the product 

of all fee categories (inspection fee 

divided by inspection priority) then 

multiplied by the number of licensees. 

This calculation results in an inspection 

multiplier of 1.44 for FY 2019. The 

unique category costs are any special 

costs that the NRC has budgeted for a 

specific category of licenses. For FY 

2019, unique category costs include 

approximately $0.2 million in budgeted 

costs for the implementation of revised 

10 CFR part 35, ‘‘Medical Use of 

Byproduct Material,’’ which has been 

allocated to holders of NRC human-use 

licenses. Please see the work papers for 

more detail about this classification. 

The annual fee assessed to each 

licensee also includes a share of the 

approximately $0.006 million fee-relief 

credit assessment allocated to the 

materials users fee class (see Table IV, 

‘‘Allocation of Fee-Relief Adjustment 

and LLW Surcharge, FY 2019,’’ in 

Section IV, ‘‘Discussion,’’ of this 

document), and for certain categories of 

these licensees, a share of the 

approximately $0.2 million LLW 

surcharge costs allocated to the fee 

class. The proposed annual fee for each 

fee category is shown in the proposed 

revision to § 171.16(d). 

h. Transportation 

The NRC proposes to collect $1.2 

million in annual fees to recover generic 

transportation budgeted resources. The 

FY 2018 values are shown for 

comparison purposes. 

TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee calculations FY 2018 final FY 2019 

proposed 

Percentage 

change 

Total Budgeted Resources .......................................................................................................... $7.9 $8.0 1.3 

Less Estimated 10 CFR part 170 Receipts ................................................................................. ¥3.1 ¥3.3 6.5 

Net 10 CFR part 171 Resources ......................................................................................... 4.7 4.7 0.0 

Less Generic Transportation Resources ..................................................................................... ¥3.6 ¥3.6 0.0 

Fee-relief adjustment/LLW surcharge ......................................................................................... 0.0 0.0 0.0 

Billing adjustments ....................................................................................................................... 0.0 0.0 0.0 

Total required annual fee recovery ...................................................................................... 1.1 1.2 9.1 


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In comparison to FY 2018, the total 

budgeted resources for FY 2019 for 

generic transportation activities 

increased slightly due to an increase in 

the Certificates of Compliance (CoCs) for 

DOE (from 21 to 22) and an increased 

workload. 

Consistent with the policy established 

in the NRC’s FY 2006 final fee rule (71 

FR 30721; May 30, 2006), the NRC 

recovers generic transportation costs 

unrelated to DOE by including those 

costs in the annual fees for licensee fee 

classes. The NRC continues to assess a 

separate annual fee under § 171.16, fee 

category 18.A. for DOE transportation 

activities. The amount of the allocated 

generic resources is calculated by 

multiplying the percentage of total CoCs 

used by each fee class (and DOE) by the 

total generic transportation resources to 

be recovered. The proposed annual fee 

increase for DOE is mainly due an 

increase in CoCs from 21 in FY 2018 to 

22 in FY 2019. 

This resource distribution to the 

licensee fee classes and DOE is shown 

in Table XVIII. Note that for the research 

and test reactors fee class, the NRC 

allocates the distribution to only those 

licensees that are subject to annual fees. 

Although four CoCs benefit the entire 

research and test reactor class, only 4 

out of 31 research and test reactors are 

subject to annual fees. Consequently, 

the number of CoCs used to determine 

the proportion of generic transportation 

resources allocated to research and test 

reactors annual fees has been adjusted 

to 0.5 so the research and test reactors 

subject to annual fees are charged a fair 

and equitable portion of the total. For 

more information, see the work papers. 

TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2019 

[Dollars in millions] 

Licensee fee class/DOE 

Number of 

CoCs 

benefiting 

fee class or 

DOE 

Percentage 

of total 

CoCs 

Allocated 

generic 

transportation 

resources 

Materials Users ............................................................................................................................ 24.0 26.8 $1.3 

Operating Power Reactors .......................................................................................................... 5.0 5.6 0.3 

Spent Fuel Storage/Reactor Decommissioning .......................................................................... 14.0 15.6 0.7 

Research and Test Reactors ....................................................................................................... 0.5 0.6 0.0 

Fuel Facilities ............................................................................................................................... 24.0 26.8 1.3 

Sub-Total of Generic Transportation Resources ................................................................. 67.5 75.4 3.6 

DOE ............................................................................................................................................. 22.0 24.6 1.2 

Total ............................................................................................................................... 89.5 100.0 4.7 

The NRC assesses an annual fee to 

DOE based on the 10 CFR part 71 CoCs 

it holds. The NRC, therefore, does not 

allocate these DOE-related resources to 

other licensees’ annual fees because 

these resources specifically support 

DOE. 

FY 2019—Policy Changes 

The NRC proposes two policy changes 

for FY 2019: 

Changes to Small Materials Users Fee 

Categories for Locations of Use 

The NRC proposes to add one new fee 

subcategory under § 170.31, ‘‘Schedule 

of fees for materials licenses and other 

regulatory services, including 

inspections, and import and export 

licenses,’’ and § 171.16, ‘‘Annual fees: 

Materials licensees, holders of 

certificates of compliance, holders of 

sealed source and device registrations, 

holders of quality assurance program 

approvals, and government agencies 

licensed by the NRC.’’ Generally 

speaking, § 170.31 assigns the same fee 

to each licensee in the fee category, 

regardless of the amount of locations 

that the licensee is authorized to use. 

Yet for some of these fee categories, the 

NRC determined that it spends a 

disproportionate amount of time on 

licensees with six or more locations 

compared to licensees in the same fee 

category with fewer than six locations. 

Previously—in the FY 2015 final fee 

rule—the NRC therefore added three fee 

subcategories under one fee category, 

3.L. (research and development broad 

scope). And in the FY 2018 final fee 

rule, the NRC added seven fee 

subcategories under, 3.A., 3.B., 3.C., 

3.O., 3.P., 7.A. and 7.B. for licenses with 

six or more locations of use. For the FY 

2019 fee rule, the NRC determined that 

there is one more category of licenses 

that is affected. Accordingly, the NRC 

proposes to add subcategories to this fee 

category: 

• Medical licenses under fee category 

7.C. 

To more accurately reflect the cost of 

services provided by the NRC, this 

change would result in this fee category 

having subcategories for 1–5, 6–20, and 

more than 20 locations of use. 

Eliminate a Fee Category 

In response to comments received on 

the FY 2018 proposed fee rule, the NRC 

proposes to eliminate a fee category in 

§§ 170.31 and 171.16. The fee category 

is 2.A.(5)—Licenses that authorize the 

possession of source material related to 

removal of contaminants (source 

material) from drinking water. 

Under current NRC regulations, an 

entity that removes uranium from 

drinking water at community water 

systems is viewed as a ‘‘2.A.(5) fee 

category’’ licensee for fee purposes. 

Although the licensee recovers 

sufficient quantities of uranium to 

require an NRC license (or a license 

from an Agreement State), its licensed 

material is not sold for profit; rather, the 

licensed material is a waste product 

from its water treatment process. These 

types of ‘‘uranium recovery’’ licensees 

are therefore distinguishable from those 

licensees that profit from concentrating 

uranium as source material. The NRC 

believes that full cost recovery is not 

warranted for licensees that do not 

profit from concentrating uranium. 

Therefore, the NRC proposes to 

eliminate this fee category from 

§§ 170.31 and 171.16 and reclassify 

current and future licensees under this 

category to 2.F.—All other source 

material licenses. 

FY 2019—Administrative Changes 

The NRC also proposes to make an 

administrative change: 


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590 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 

6 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612, has 

been amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996, Public Law 104– 

121, Title II, 110 Stat. 847 (1996). 

Change Small Entity Fees 

The NRC conducted a biennial review 

in FY 2019 of small entity fees to 

determine whether the NRC should 

change those fees. The NRC used the fee 

methodology, developed in FY 2009, 

which applies a fixed percentage of 39 

percent to the prior 2-year weighted 

average of materials users’ fees when 

performing its biennial review. Based on 

this methodology, the NRC determined 

the new small entity fees for FY 2019 

should be $4,500 for upper-tier small 

entities and $900 for lower-tier small 

entities. As a result of the NRC’s FY 

2019 biennial review using the same 

methodology, the NRC is now proposing 

to increase the upper tier small entity 

fee from $4,100 to $4,500 and increase 

the lower-tier fee from $850 to $900. 

This would constitute a 13-percent and 

6-percent increase, respectively. The 

NRC believes these fees are reasonable 

and provide relief to small entities 

while at the same time recovering from 

those licensees some of the NRC’s costs 

for activities that benefit them. 

Update to the Fees Transformation 

Initiative 

As an informal update, the Staff 

Requirements Memorandum, dated 

October 19, 2016, for SECY–16–0097, 

‘‘Fee Setting Improvements and Fiscal 

Year 2017 Proposed Fee Rule,’’ directed 

staff to explore, as a voluntary pilot, 

whether a flat fee structure could be 

established for routine licensing matters 

in the area uranium recovery, and to 

accelerate the fees setting process 

improvements including the transition 

to an electronic billing system. With 

respect to the voluntary flat fees pilot, 

the staff has developed a project plan 

and is on target to complete this activity 

in FY 2020. With respect to the fees 

setting process improvements, all 7 of 

the activities scheduled for FY 2018 and 

an additional 10 scheduled for FY 2019 

were completed by the end of FY 2018. 

These improvements included 

discontinuing the Project Manager/ 

Resident inspector 6 percent overhead 

charge, enhancing the information 

included on the 10 CFR part 170 

invoices, improving the fee rule work 

papers, and enhancing the financial 

management systems. For the remaining 

process changes recommended for 

future consideration, the NRC is wellpositioned to complete them on 

schedule. For more information, please 

see our fees transformation 

accomplishments schedule, located on 

our license fees website at: https://

www.nrc.gov/about-nrc/regulatory/ 

licensing/fees-transformationaccomplishments.html. 

V. Regulatory Flexibility Certification 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),6 the NRC has prepared a 

regulatory flexibility analysis related to 

this proposed rule. The regulatory 

flexibility analysis is available as 

indicated in Section XIV, Availability of 

Documents, of this document. 

VI. Regulatory Analysis 

Under OBRA–90, the NRC is required 

to recover approximately 90 percent of 

its budget authority in FY 2019. The 

NRC established fee methodology 

guidelines for 10 CFR part 170 in 1978, 

and established additional fee 

methodology guidelines for 10 CFR part 

171 in 1986. In subsequent rulemakings, 

the NRC has adjusted its fees without 

changing the underlying principles of 

its fee policy to ensure that the NRC 

continues to comply with the statutory 

requirements for cost recovery in 

OBRA–90. 

In this rulemaking, the NRC continues 

this long-standing approach. Therefore, 

the NRC did not identify any 

alternatives to the current fee structure 

guidelines and did not prepare a 

regulatory analysis for this proposed 

rule. 

VII. Backfitting and Issue Finality 

The NRC has determined that the 

backfit rule, § 50.109, does not apply to 

this proposed rule and that a backfit 

analysis is not required. A backfit 

analysis is not required because these 

amendments do not require the 

modification of, or addition to, systems, 

structures, components, or the design of 

a facility, or the design approval or 

manufacturing license for a facility, or 

the procedures or organization required 

to design, construct, or operate a 

facility. 

VIII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC has 

written this document to be consistent 

with the Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31885). 

The NRC requests comment on the 

proposed rule with respect to the clarity 

and effectiveness of the language used. 

IX. National Environmental Policy Act 

The NRC has determined that this 

rule will amend the NRC’s 

administrative requirements in 10 CFR 

parts 170 and 171. Therefore, this action 

is categorically excluded from needing 

environmental review as described in 

§ 51.22(c)(1). Consequently, neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this proposed rule. 

X. Paperwork Reduction Act 

This proposed rule does not contain 

a collection of information as defined in 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) and, therefore, 

is not subject to the requirements of the 

Paperwork Reduction Act of 1995. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

XI. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this proposed rule, the 

NRC proposes to amend the licensing, 

inspection, and annual fees charged to 

its licensees and applicants, as 

necessary, to recover approximately 90 

percent of its budget authority in FY 

2019, as required by OBRA–90. This 

action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

XII. Availability of Guidance 

The Small Business Regulatory 

Enforcement Fairness Act requires all 

Federal agencies to prepare a written 

compliance guide for each rule for 

which the agency is required by 5 U.S.C. 

604 to prepare a regulatory flexibility 

analysis. The NRC, in compliance with 

the law, prepared the ‘‘Small Entity 

Compliance Guide’’ for the FY 2019 

proposed fee rule. The compliance 

guide was developed when the NRC 

completed the small entity biennial 

review for FY 2019. This guide is 

available as indicated in Section XIV, 

Availability of Documents, of this 

document. 

XIII. Public Meeting 

The NRC will conduct a public 

meeting for the purpose of describing 

the proposed rule and answering 

questions from the public on the 


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proposed rule. The NRC will publish a 

notice of the location, time, and agenda 

of the meeting on the NRC’s public 

meeting website within at least 10 

calendar days before the meeting. In 

addition, the agenda for the meeting 

will be posted on www.regulations.gov 

under Docket ID NRC–2017–0032. For 

instructions to receive alerts when 

changes or additions occur in a docket 

folder, see Section XIV, Availability of 

Documents, of this document. 

Stakeholders should monitor the NRC’s 

public meeting website for information 

about the public meeting at: http://

www.nrc.gov/public-involve/publicmeetings/index.cfm. 

XIV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document ADAMS accession No./web link 

FY 2019 Proposed Rule Work Papers ..................................................... ML18361A780. 

FY 2019 Regulatory Flexibility Analysis ................................................... ML18347A452. 

FY 2019 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide.ML18338A006. 

NRC Form 526, Certification of Small Entity Status for the Purposes of 

Annual Fees Imposed under 10 CFR part 171.

http://www.nrc.gov/reading-rm/doc-collections/forms/nrc526.pdf. 

SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ dated September 

15, 2005.

ML052580332. 

OMB’s Circular A–25, ‘‘User Charges’’ .................................................... https://www.whitehouse.gov/omb/circulars_default. 

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

Throughout the development of this 

rule, the NRC may post documents 

related to this rule, including public 

comments, on the Federal Rulemaking 

website at http://www.regulations.gov 

under Docket ID NRC–2017–0032. The 

Federal Rulemaking website allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder NRC–2017–0032; (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

List of Subjects 

10 CFR Part 170 

Byproduct material, Import and 

export licenses, Intergovernmental 

relations, Non-payment penalties, 

Nuclear energy, Nuclear materials, 

Nuclear power plants and reactors, 

Source material, Special nuclear 

material. 

10 CFR Part 171 

Annual charges, Approvals, 

Byproduct material, Holders of 

certificates, Intergovernmental relations, 

Nonpayment penalties, Nuclear 

materials, Nuclear power plants and 

reactors, Registrations, Source material, 

Special nuclear material. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is proposing to adopt the 

following amendments to 10 CFR parts 

170 and 171: 

PART 170—FEES FOR FACILITIES, 

MATERIALS, IMPORT AND EXPORT 

LICENSES, AND OTHER 

REGULATORY SERVICES UNDER THE 

ATOMIC ENERGY ACT OF 1954, AS 

AMENDED 

■ 1. The authority citation for part 170 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 161(w) (42 U.S.C. 2014, 2201(w)); 

Energy Reorganization Act of 1974, sec. 201 

(42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 

901, 902, 9701; 44 U.S.C. 3504 note. 

■ 2. In § 170.21, in the table revise the 

entry for ‘‘K. Import and export 

licenses;’’ to read as follows: 

§ 170.21 Schedule of fees for production 

and utilization facilities, review of standard 

referenced design approvals, special 

projects, inspections, and import and 

export licenses. 

* * * * * 

SCHEDULE OF FACILITY FEES

[See footnotes at end of table] 

Facility categories and type of fees Fees 1

*******

K. Import and export licenses: 1

Licenses for the import and export only of production or utilization facilities or the export only of components for production

or utilization facilities issued under 10 CFR part 110. 

1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 

110.40(b) ............................................................................................................................................................................ N/A 

Application—new license, or amendment; or license exemption request 

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

Application—new license, or amendment; or license exemption request 

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

assurances ......................................................................................................................................................................... N/A 

Application—new license, or amendment; or license exemption request 

4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, 

or obtaining foreign government assurances .................................................................................................................... N/A 


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SCHEDULE OF FACILITY FEES—Continued 

[See footnotes at end of table] 

Facility categories and type of fees Fees 1

Application—new license, or amendment; or license exemption request 

5. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms or conditions 

or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review 

or consultation with the Executive Branch, U.S. host state, or foreign government authorities ....................................... N/A 

Minor amendment to license 

1Because the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, excludes international activities from the fee-recoverable budget in FY 2019, import and export licensing actions will not be charged fees. 

■ 3. In § 170.31, revise the table to read 

as follows: 

§ 170.31 Schedule of fees for materials 

licenses and other regulatory services, 

including inspections, and import and 

export licenses. 

* * * * * 

SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

Category of materials licenses and type of fees 1 Fee 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): 

21210].

Full Cost. 

(2) All other special nuclear materials licenses not included in Category 1.A. (1) which are licensed for fuel cycle activities.6

(a) Facilities with limited 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 independent spent fuel storage installation (ISFSI) 6 [Program Code(s): 23200].Full Cost. 

C. Licenses for possession and use of special nuclear material of less than a critical mass as defined in § 70.4 in sealed 

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

Application [Program Code(s): 22140] ............................................................................................................................... $1,300. 

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

form in combination that would constitute a critical mass, as defined in § 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, 

23310].

$2,600. 

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 

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

22155].

Full Cost. 

2. Source material: 11

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.6 [Program Code(s): 11400].

Full Cost. 

(2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heapleaching, 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 

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].

Full Cost. 

(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 licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2) 6 [Program Code(s): 12010].

Full Cost. 

B. Licenses which authorize the possession, use, and/or installation of source material for shielding.7 8

Application [Program Code(s): 11210] ............................................................................................................................... $1,200. 


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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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] ............................................................................................................................... $4,300. 

D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter. 

Application [Program Code(s): 11230, 11231] ................................................................................................................... $2,800. 

E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. 

Application [Program Code(s): 11710] ............................................................................................................................... $2,600. 

F. All other source material licenses. 

Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ...................................................... $2,600. 

3. Byproduct material: 11

A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. 

Application [Program Code(s): 03211, 03212, 03213] ...................................................................................................... $13,000. 

(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] ............................................................................................... $17,300. 

(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] ............................................................................................... $21,600. 

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] ................................................................................... $3,600. 

(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. 

Application [Program Code(s): 04110, 04112, 04114, 04116] ................................................................................... $4,800. 

(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] ................................................................................... $5,900. 

C. 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 processing 

or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1–5. 

Application [Program Code(s): 02500, 02511, 02513] ...................................................................................................... $5,200. 

(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 processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6–20. 

Application [Program Code(s): 04210, 04212, 04214] ............................................................................................... $6,900. 

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

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions 

whose 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] ............................................................................................... $8,600. 

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] ................................................................................................................... $3,200. 

F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater 

irradiators for irradiation of materials where the source is not exposed for irradiation purposes. 

Application [Program Code(s): 03511] ............................................................................................................................... $6,500. 

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] ............................................................................................................................... $62,000. 

H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does 

not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. 

Application [Program Code(s): 03254, 03255, 03257] ...................................................................................................... $6,600. 

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, 03252, 03253, 03256] .............................................................................. $11,600. 


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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not 

include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. 

Application [Program Code(s): 03240, 03241, 03243] ...................................................................................................... $2,000. 

K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under 

part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have 

been authorized for distribution to persons generally licensed under part 31 of this chapter. 

Application [Program Code(s): 03242, 03244] ................................................................................................................... $1,100. 

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] ...................................................... $5,500. 

(1) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 6–20. 

Application [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] .............................................. $7,300. 

(2) Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: More 

than 20. 

Application [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .............................................. $9,100. 

M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution. 

Application [Program Code(s): 03620] ............................................................................................................................... $8,300. 

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] ............................................................................................... $8,900. 

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] ................................................................................................................... $6,300. 

(1) Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 6–20. 

Application [Program Code(s): 04310, 04312] ........................................................................................................... $8,500. 

(2) Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: More than 20. 

Application [Program Code(s): 04311, 04313] ........................................................................................................... $10,600. 

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, 

03222, 03800, 03810, 22130].

$4,700. 

(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, 

04430, 04432, 04434, 04436, 04438].

$6,300. 

(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, 

04431, 04433, 04435, 04437, 04439].

$7,900. 

Q. Registration of a device(s) generally licensed under part 31 of this chapter Registration $700. 

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

or limits specified in that section.5

1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or 

equal to 10 times the number of items or limits specified. 

Application [Program Code(s): 02700] ........................................................................................................................ $2,600. 

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

Application [Program Code(s): 02710] ........................................................................................................................ $2,500. 

S. Licenses for production of accelerator-produced radionuclides. 

Application [Program Code(s): 03210] ............................................................................................................................... $14,200. 

4. Waste disposal and processing: 11

A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material 

from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt 

of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and transfer 

of packages to another person authorized to receive or dispose of waste material. 

Application [Program Code(s): 03231, 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] ............................................................................................................................... $6,900. 


khammond on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 595 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to 

receive or dispose of the material. 

Application [Program Code(s): 03232] ............................................................................................................................... $5,000. 

5. Well logging: 11

A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. 

Application [Program Code(s): 03110, 03111, 03112] ...................................................................................................... $4,600. 

B. Licenses for possession and use of byproduct material for field flooding tracer studies. 

Licensing [Program Code(s): 03113] ................................................................................................................................. Full Cost. 

6. Nuclear laundries: 11

A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. 

Application [Program Code(s): 03218] ............................................................................................................................... $22,200. 

7. Medical licenses: 11

A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, 

or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, 

or similar beam therapy devices. Number of locations of use: 1–5. 

Application [Program Code(s): 02300, 02310] ................................................................................................................... $11,100. 

(1) Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy 

devices, or similar beam therapy devices. Number of locations of use: 6–20. 

Application [Program Code(s): 04510, 04512] ........................................................................................................... $14,800. 

(2) Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy 

devices, or similar beam therapy devices. Number of locations of use: More than 20. 

Application [Program Code(s): 04511, 04513] ........................................................................................................... $18,500. 

B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of 

this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This 

category also includes the possession and use of source material for shielding when authorized on the same license. 

Number of locations of use: 1-5. 

Application [Program Code(s): 02110] ............................................................................................................................... $8,700. 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: 6-20. 

Application [Program Code(s): 04710] ........................................................................................................................ $11,500. 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: More than 20. 

Application [Program Code(s): 04711] ........................................................................................................................ $14,400. 

C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: 1-5. 

Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ................. $6,600. 

(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] .......... $8,700. 

(2) Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source 

material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear 

material in sealed sources contained in teletherapy devices.10 Number of locations of use: More than 20. 

Application [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] .......... $10,900. 

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. 

Application—each device ................................................................................................................................................... $10,800. 

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

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

devices. 

Application—each device ................................................................................................................................................... $9,000. 


khammond on DSKBBV9HB2PROD with PROPOSALS
596 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

reactor fuel, for commercial distribution. 

Application—each source ................................................................................................................................................... $5,300. 

D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. 

Application—each source ................................................................................................................................................... $1,100. 

10. Transportation of radioactive material: 

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

1. Spent Fuel, High-Level Waste, and 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 ................................................................................................................................................................... $4,200. 

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

2. Users. 

Application ................................................................................................................................................................... $4,200. 

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

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

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, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master 

materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21240, 21325, 22200].

Full Cost. 

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

the sites have been previously licensed.

Full Cost. 

15. Import and Export licenses: 12

Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, 

tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 

15.A. through 15.E.). 

A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b). 

Application—new license, or amendment; or license exemption request .................................................................. N/A. 

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

not Commission review. This category includes applications for the export and import of radioactive waste and requires 

the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the 

U.S. Environmental Protection Agency, etc.). 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

foreign government assurances. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

information, or make other revisions which do not involve any substantive changes to license terms and conditions or 

to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth 

analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign government authorities. 

Minor amendment .............................................................................................................................................................. N/A. 

Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of radioactive material listed in appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.). 

Category 1 (Appendix P, 10 CFR Part 110) Exports: 

F. Application for export of appendix P Category 1 materials requiring Commission review (e.g., exceptional circumstance 

review under 10 CFR 110.42(e)(4)) and to obtain one government-to-government consent for this process. For additional consent see fee category 15.I. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

G. Application for export of appendix P Category 1 materials requiring Executive Branch review and to obtain one government-to-government consent for this process. For additional consents see fee category 15.I. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

this process. For additional consents see fee category 15.I. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 


khammond on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 597 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

export license. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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 10 CFR 110.42(e)(4)). 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

K. Applications for export of appendix P Category 2 materials requiring Executive Branch review. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

L. Application for the export of Category 2 materials. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

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

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

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

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

Minor Amendments (Category 1 and 2, Appendix P, 10 CFR Part 110, Export): 

R. Minor amendment of any active export license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the 

type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, 

review, or consultations with other Executive Branch, U.S. host state, or foreign authorities. Minor amendment.

N/A. 

16. Reciprocity: Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20. 

Application ................................................................................................................................................................................. $2,100. 

17. Master materials licenses of broad scope issued to Government agencies. 

Application [Program Code(s): 03614] ...................................................................................................................................... Full Cost. 

18. Department of Energy. 

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

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

Full Cost. 

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

1Types of fees—Separate charges, as shown in the schedule, will be assessed for pre-application consultations and reviews; applications for 

new licenses, approvals, or license terminations; possession-only licenses; issuances of new licenses and approvals; certain amendments and 

renewals to existing licenses and approvals; safety evaluations of sealed sources and devices; generally licensed device registrations; and certain inspections. The following guidelines apply to these charges: 

(a) Application and registration fees. Applications for new materials licenses and export and import licenses; applications to reinstate expired, 

terminated, or inactive licenses, except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register 

under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a 

higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category. 

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

prescribed application fee for the highest fee category. 

(2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices 

will pay the appropriate application fee for fee category 1.C. only. 

(b) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, pre-application consultations and other documents submitted to the NRC for review, and project manager time for fee categories subject to full cost fees are due upon 

notification by the Commission in accordance with § 170.12(b). 

(c) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for 

each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must 

be accompanied by the prescribed amendment fee for the category affected by the amendment, unless the amendment is applicable to two or 

more fee categories, in which case the amendment fee for the highest fee category would apply. 

(d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result 

from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c). 

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

fee. 2Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for 

amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will 

be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals 

issued under a specific exemption provision of the Commission’s regulations under title 10 of the Code of Federal Regulations (e.g., 10 CFR 

30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the approval is in the form of a license 

amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional 

fee for sealed source and device evaluations as shown in fee categories 9.A. through 9.D. 3Full 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. 5Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this 

category. (This exception does not apply if the radium sources are possessed for storage only.) 6 Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or 2.A. must pay the largest applicable fee and are not subject to additional 

fees listed in this table. 7 Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to fees under 2.B. for possession and shielding authorized on the same license. 8 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 9 Licensees paying fees under 3.N. are not subject to paying fees under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services authorized 

on the same license. 


khammond on DSKBBV9HB2PROD with PROPOSALS
598 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 

10 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope licenses issued 

under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the 

same license. 11A 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. 12Because the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, excludes international activities from the fee-recoverable budget in FY 2019, import and export licensing actions will not be charged fees. 

PART 171—ANNUAL FEES FOR 

REACTOR LICENSES AND FUEL 

CYCLE LICENSES AND MATERIALS 

LICENSES, INCLUDING HOLDERS OF 

CERTIFICATES OF COMPLIANCE, 

REGISTRATIONS, AND QUALITY 

ASSURANCE PROGRAM APPROVALS 

AND GOVERNMENT AGENCIES 

LICENSED BY THE NRC 

■ 4. The authority citation for part 171 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 

2201(w), 2273, 2282); Energy Reorganization 

Act of 1974, sec. 201 (42 U.S.C. 5841); 42 

U.S.C. 2214; 44 U.S.C. 3504 note. 

■ 5. In § 171.15, revise paragraphs (b)(1) 

and (2) introductory text, (c)(1) and (2) 

introductory text, (d)(1) introductory 

text, (d)(2) and (3), and (f) to read as 

follows: 

§ 171.15 Annual fees: Reactor licenses 

and independent spent fuel storage 

licenses. 

* * * * * 

(b)(1) The FY 2019 annual fee for each 

operating power reactor that must be 

collected by September 30, 2019, is 

$4,697,000. 

(2) The FY 2019 annual fees are 

comprised of a base annual fee for 

power reactors licensed to operate, a 

base spent fuel storage/reactor 

decommissioning annual fee, and 

associated additional charges (fee-relief 

adjustment). The activities comprising 

the spent fuel storage/reactor 

decommissioning base annual fee are 

shown in paragraphs (c)(2)(i) and (ii) of 

this section. The activities comprising 

the FY 2019 fee-relief adjustment are 

shown in paragraph (d)(1) of this 

section. The activities comprising the 

FY 2019 base annual fee for operating 

power reactors are as follows: 

* * * * * 

(c)(1) The FY 2019 annual fee for each 

power reactor holding a 10 CFR part 50 

license that is in a decommissioning or 

possession-only status and has spent 

fuel onsite, and for each independent 

spent fuel storage 10 CFR part 72 

licensee who does not hold a 10 CFR 

part 50 license, is $163,000. 

(2) The FY 2019 annual fee is 

comprised of a base spent fuel storage/ 

reactor decommissioning annual fee 

(which is also included in the operating 

power reactor annual fee shown in 

paragraph (b) of this section) and a feerelief adjustment. The activities 

comprising the FY 2019 fee-relief 

adjustment are shown in paragraph 

(d)(1) of this section. The activities 

comprising the FY 2019 spent fuel 

storage/reactor decommissioning 

rebaselined annual fee are: 

* * * * * 

(d)(1) The fee-relief adjustment 

allocated to annual fees includes a 

surcharge for the activities listed in 

paragraph (d)(1)(i) of this section, plus 

the amount remaining after total 

budgeted resources for the activities 

included in paragraphs (d)(1)(ii) and 

(iii) of this section are reduced by the 

appropriations the NRC receives for 

these types of activities. If the NRC’s 

appropriations for these types of 

activities are greater than the budgeted 

resources for the activities included in 

paragraphs (d)(1)(ii) and (iii) of this 

section for a given fiscal year, annual 

fees will be reduced. The activities 

comprising the FY 2019 fee-relief 

adjustment are as follows: 

* * * * * 

(2) The total FY 2019 fee-relief 

adjustment allocated to the operating 

power reactor class of licenses is a 

$132,181 fee-relief credit, not including 

the amount allocated to the spent fuel 

storage/reactor decommissioning class. 

The FY 2019 operating power reactor 

fee-relief adjustment to be assessed to 

each operating power reactor is 

approximately a $1,349 fee-relief credit. 

This amount is calculated by dividing 

the total operating power reactor feerelief credit, $132,181, by the number of 

operating power reactors (98). 

(3) The FY 2019 fee-relief adjustment 

allocated to the spent fuel storage/ 

reactor decommissioning class of 

licenses is a $7,163 fee-relief credit. The 

FY 2019 spent fuel storage/reactor 

decommissioning fee relief adjustment 

to be assessed to each operating power 

reactor, each power reactor in 

decommissioning or possession-only 

status that has spent fuel onsite, and to 

each independent spent fuel storage 10 

CFR part 72 licensee who does not hold 

a 10 CFR part 50 license, is a $58.71 feerelief credit. This amount is calculated 

by dividing the total fee-relief credit by 

the total number of power reactors 

licenses, except those that permanently 

ceased operations and have no fuel 

onsite, and 10 CFR part 72 licensees 

who do not hold a 10 CFR part 50 

license. 

* * * * * 

(f) The FY 2019 annual fees for 

licensees authorized to operate a 

research or test (non-power) reactor 

licensed under 10 CFR part 50, unless 

the reactor is exempted from fees under 

§ 171.11(a), are as follows: 

Research reactor ........................ $79,000 

Test reactor ................................ 79,000 

■ 6. In § 171.16, revise paragraphs (c), 

(d), and (e) introductory text to read as 

follows: 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(c) A licensee who is required to pay 

an annual fee under this section, in 

addition to 10 CFR part 72 licenses, may 

qualify as a small entity. If a licensee 

qualifies as a small entity and provides 

the Commission with the proper 

certification along with its annual fee 

payment, the licensee may pay reduced 

annual fees as shown in the following 

table. Failure to file a small entity 

certification in a timely manner could 

result in the receipt of a delinquent 

invoice requesting the outstanding 

balance due and/or denial of any refund 

that might otherwise be due. The small 

entity fees are as follows: 


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NRC small entity classification 

Maximum 

annual fee 

per licensed 

category 

Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): 

$485,000 to $7 million .................................................................................................................................................................. $4,500 

Less than $485,000 ...................................................................................................................................................................... 900 

Small Not-For-Profit Organizations (Annual Gross Receipts): 

$485,000 to $7 million .................................................................................................................................................................. 4,500 

Less than $485,000 ...................................................................................................................................................................... 900 

Manufacturing Entities that Have An Average of 500 Employees or Fewer: 

35 to 500 employees .................................................................................................................................................................... 4,500 

Fewer than 35 employees ............................................................................................................................................................ 900 

Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 

20,000 to 49,999 .......................................................................................................................................................................... 4,500 

Fewer than 20,000 ....................................................................................................................................................................... 900 

Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer 

35 to 500 employees .................................................................................................................................................................... 4,500 

Fewer than 35 employees ............................................................................................................................................................ 900 

(d) The FY 2019 annual fees are 

comprised of a base annual fee and an 

allocation for fee-relief adjustment. The 

activities comprising the FY 2019 feerelief adjustment are shown for 

convenience in paragraph (e) of this 

section. The FY 2019 annual fees for 

materials licensees and holders of 

certificates, registrations, or approvals 

subject to fees under this section are 

shown in the following table: 

SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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): 21130] .................................... $6,679,000 

(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 15 [Program Code(s): 

21210] .......................................................................................................................................................................... 2,263,000 

(2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities. 

(a) Facilities with limited operations 15 [Program Code(s): 21310, 21320] ..................................................................... N/A 

(b) Gas centrifuge enrichment demonstration facility 15 ................................................................................................. N/A 

(c) Others, including hot cell facility 15 ............................................................................................................................ N/A 

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

analyzers. [Program Code(s): 22140] ................................................................................................................................. 2,900 

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

form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee 

shall pay the same fees as those under Category 1.A. [Program Code(s): 22110, 22111, 22120, 22131, 22136, 

22150, 22151, 22161, 22170, 23100, 23300, 23310] ........................................................................................................ 7,500 

E. Licenses or certificates for the operation of a uranium enrichment facility 15 [Program Code(s): 21200] ........................ 3,283,000 

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

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

22155] ................................................................................................................................................................................. 5,500 

2. Source material: 

A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride 

or for deconverting uranium hexafluoride in the production of uranium oxides for disposal.15 [Program Code: 11400] .. 1,418,000 

(2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heapleaching, ore buying stations, ion-exchange facilities and in-processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. 

(a) Conventional and Heap Leach facilities.15 [Program Code(s): 11100] ..................................................................... N/A 

(b) Basic In Situ Recovery facilities.15 [Program Code(s): 11500] ................................................................................. 49,200 

(c) Expanded In Situ Recovery facilities 15 [Program Code(s): 11510] .......................................................................... N/A 

(d) In Situ Recovery Resin facilities.15 [Program Code(s): 11550] ................................................................................ 5 N/A 

(e) Resin Toll Milling facilities.15 [Program Code(s): 11555] .......................................................................................... 5 N/A 

(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 licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2).15 [Program Code(s): 12010] .................................................................................................................................................. N/A 


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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

B. Licenses which authorize the possession, use, and/or installation of source material for shielding.16 17 Application 

[Program Code(s): 11210] .................................................................................................................................................. 3,100 

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

of this chapter. [Program Code: 11240] ............................................................................................................................. 7,900 

D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter. [Program Code(s): 

11230 and 11231] ............................................................................................................................................................... 6,100 

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] .................................................................... 7,400 

F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ................ 9,500 

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] ............................................................................................. 28,800 

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

chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. [Program Code(s): 03211, 03212, 03213] .................................................................. 38,300 

(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] ..................................................... 47,600 

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. 

[Program Code(s): 03214, 03215, 22135, 22162] .............................................................................................................. 11,800 

(1) Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing 

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

6–20. [Program Code(s): 04110, 04112, 04114, 04116] ............................................................................................ 15,600 

(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] ............................................................................... 19,200 

C. 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 processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1–5. [Program Code(s): 02500, 

02511, 02513] ..................................................................................................................................................................... 11,000 

(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 processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6–20. [Program 

Code(s): 04210, 04212, 04214] ................................................................................................................................... 14,500 

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

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions 

whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20. 

[Program Code(s): 04211, 04213, 04215] ................................................................................................................... 18,000 

D. [Reserved] .......................................................................................................................................................................... 5 N/A 

E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the 

source is not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520] ........................................ 11,900 

F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater 

irradiators for irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 

03511] ................................................................................................................................................................................. 11,100 

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] ................................................................................................................................................................................. 88,200 

H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03254, 03255, 03257] ............................................. 10,900 

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, except for specific licenses authorizing redistribution of items that have been authorized for 

distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03250, 

03251, 03252, 03253, 03256] ............................................................................................................................................. 17,600 

J. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific 

licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed 

under part 31 of this chapter [Program Code(s): 03240, 03241, 03243] ........................................................................... 4,300 


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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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] .................... 3,100 

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

for research and development that do not authorize commercial distribution. Number of locations of use: 1–5. [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ................................................................................ 15,500 

(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. [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] ............................................................ 20,600 

(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] .......................................... 25,500 

M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and 

development that do not authorize commercial distribution [Program Code(s): 03620] .................................................... 15,200 

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. [Program Code(s): 03219, 03225, 

03226] ................................................................................................................................................................................. 18,900 

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

operations. This category also includes the possession and use of source material for shielding authorized under part 

40 of this chapter when authorized on the same license Number of locations of use: 1–5. [Program Code(s): 03310, 

03320] ................................................................................................................................................................................. 30,200 

(1) Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized 

under part 40 of this chapter when authorized on the same license. Number of locations of use: 6–20. [Program 

Code(s): 04310, 04312] ............................................................................................................................................... 40,400 

(2) Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized 

under part 40 of this chapter when authorized on the same license. Number of locations of use: more than 20. 

[Program Code(s): 04311, 04313] ............................................................................................................................... 50,400 

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] ............................................................................................................................................. 10,000 

(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] ............................................................................................................. 13,400 

(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] ................................................................................................. 16,700 

Q. Registration of devices generally licensed under part 31 of this chapter ......................................................................... 13 N/A 

R. Possession of items or products containing radium–226 identified in 10 CFR 31.12 which exceed the number of 

items or limits specified in that section: 14

(1) Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4), or (5) but less than or 

equal to 10 times the number of items or limits specified [Program Code(s): 02700] ............................................... 7,200 

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

(5) [Program Code(s): 02710] ..................................................................................................................................... 7,500 

S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ............................................. 31,000 

4. Waste disposal and processing: 

A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material 

from other persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses 

authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and 

transfer of packages to another person authorized to receive or dispose of waste material. [Program Code(s): 03231, 

03233, 03235, 03236, 06100, 06101] ................................................................................................................................ 32,900 

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

from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. [Program Code(s): 03234] .............. 18,700 

C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized 

to receive or dispose of the material. [Program Code(s): 03232] ...................................................................................... 10,700 

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] ................................................................................................................................................................................. 14,600 

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 

special nuclear material. [Program Code(s): 03218] .......................................................................................................... 35,600 

7. Medical licenses: 


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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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] 26,100 

(1) Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. 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] ............................................................................................................................................... 34,700 

(2) Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. 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] ..................................................................................................................................... 43,400 

B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 

of this chapter authorizing research and development, including human use of byproduct material, except licenses for 

byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. 

This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 1–5. [Program Code(s): 02110] ............................................................................... 31,800 

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

and 70 of this chapter authorizing research and development, including human use of byproduct material, except 

licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 6–20. [Program Code(s): 04710] ................................. 42,200 

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

and 70 of this chapter authorizing research and development, including human use of byproduct material, except 

licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: more than 20. [Program Code(s): 04711] ................... 52,500 

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

material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear 

material in sealed sources contained in teletherapy devices. 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] .................................................... 15,400 

(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): ] ................................................................................................................................... 20,300 

(2) Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, 

source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 19 Number of locations of 

use: more than 20. [Program Code(s): ] ..................................................................................................................... 25,300 

8. Civil defense: 

A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense 

activities. [Program Code(s): 03710] .................................................................................................................................. 7,200 

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

A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, 

or special nuclear material, except reactor fuel devices, for commercial distribution ....................................................... 14,300 

B. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, 

or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices .................................................................................................................................... 11,900 

C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or 

special nuclear material, except reactor fuel, for commercial distribution ......................................................................... 7,000 

D. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or 

special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel ..................................................................................................................................................... 1,500 

10. Transportation of radioactive material: 

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

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

2. Other Casks ................................................................................................................................................................ 6 N/A 

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

1. Users and Fabricators ................................................................................................................................................. 6 N/A 

2. Users ........................................................................................................................................................................... 6 N/A 

C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization devices) ................................................................................................................................................................ 6 N/A 

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

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


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SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

13. A. Spent fuel storage cask Certificate of Compliance ............................................................................................................ 6 N/A 

B. General licenses for storage of spent fuel under 10 CFR 72.210 .................................................................................... 12 N/A 

14. Decommissioning/Reclamation: 

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased 

principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21240, 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] ........................... 330,000 

18. Department of Energy: 

A. Certificates of Compliance ................................................................................................................................................. 10 1,169,000 

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities .................................................................................... 120,000 

1Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive 

material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who 

either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1 of the current FY, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., 

human use and irradiator activities), annual fees will be assessed for each category applicable to the license. 2Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. 

Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter. 3Each 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. 4Other facilities include licenses for extraction of metals, heavy metals, and rare earths. 

5There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider establishing an annual fee for this type of license. 6Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and 

special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9Separate 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. 10This includes Certificates of Compliance issued to the U.S. Department of Energy that are not funded from the Nuclear Waste Fund. 11See § 171.15(c). 12See § 171.15(c). 13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees. 14Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this 

category. (This exception does not apply if the radium sources are possessed for storage only.) 15 Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A., and licensees paying fees under fee category 17 must pay the largest applicable fee and are not subject to additional fees listed in this table. 16 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 17 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 18 Licensees paying fees under 3.N. are not subject to paying fees under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services authorized 

on the same license. 19 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2 for broad scope license licenses 

issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized 

on the same license. 20 No annual fee is charged for a materials license (or part of a materials license) that has transitioned to this fee category because the decommissioning costs will be recovered through 10 CFR part 170 fees, but annual fees may be charged for other activities authorized under the license that are not in decommissioning status. 

(e) The fee-relief adjustment allocated 

to annual fees includes the budgeted 

resources for the activities listed in 

paragraph (e)(1) of this section, plus the 

total budgeted resources for the 

activities included in paragraphs (e)(2) 

and (3) of this section, as reduced by the 

appropriations the NRC receives for 

these types of activities. If the NRC’s 

appropriations for these types of 

activities are greater than the budgeted 

resources for the activities included in 

paragraphs (e)(2) and (3) of this section 

for a given fiscal year, a negative feerelief adjustment (or annual fee 

reduction) will be allocated to annual 

fees. The activities comprising the FY 

2019 fee-relief adjustment are as 

follows: 

* * * * * 

Dated at Rockville, Maryland, this 11th day 

of January, 2019. 

For the Nuclear Regulatory Commission. 

Maureen E. Wylie, 

Chief Financial Officer. 

[FR Doc. 2019–00219 Filed 1–30–19; 8:45 am] 

BILLING CODE 7590–01–P 


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