This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

10459 

Vol. 86, No. 33 

Monday, February 22, 2021 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1280 

[Document No. AMS–LP–19–0093] 

RIN 0581–AC06 

Lamb Promotion, Research, and 

Information Order; Activity Changes; 

Comment Period Reopened 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is providing an 

additional 30 days for public comments 

on the proposed rule that would amend 

the Lamb Promotion, Research, and 

Information Order (Order). Reopening 

the comment period gives interested 

persons an additional opportunity to 

comment on the proposal. Comments 

are solicited from all stakeholders, 

notably those who would be impacted 

by the proposed amendments. 

DATES: The comment period for the 

proposed rule published on October 5, 

2020, at 85 FR 62617, is reopened. 

Comments must be received by March 

24, 2021. 

ADDRESSES: Comments should be posted 

online at www.regulations.gov. 

Comments received will be posted 

without change, including any personal 

information provided. All comments 

should reference the docket number 

AMS–LP–19–0093, the date of 

publication, and the page number of this 

issue of the Federal Register. Comments 

may also be sent to Jason Julian, 

Agricultural Marketing Specialist; 

Research and Promotion Division; 

Livestock and Poultry Program, AMS, 

USDA; Room 2610–S, STOP 0251, 1400 

Independence Avenue SW, Washington, 

DC 20250–0251. Comments will be 

made available for public inspection at 

the above address during regular 

business hours or via the internet at 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jason Julian, Agricultural Marketing 

Specialist, Research and Promotion 

Division, Livestock and Poultry 

Program, AMS, USDA; telephone: (202) 

731–2149; fax: (202) 720–1125; or email: 

jason.julian@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background and Proposed Action 

AMS proposed revisions to the 

assessment collection procedures that 

would require market agencies to collect 

the full assessment on sales of live 

lambs, including the first-handler 

assessment portion, for remittance to the 

Board. The proposed assessment 

collection change would only apply to 

lambs sold through market agencies 

(e.g., commission merchant, auction 

market, or livestock market). Other 

modes of sale, such as traditional 

markets (e.g., first handler purchases 

from a producer or feeder, independent 

of a market agency, direct sales) would 

continue to have assessments remitted 

through the pass-through collection 

process. 

This document notifies the public of 

the reopening of the comment period 

from February 22, 2021 to March 24, 

2021. Comments previously submitted 

during the initial 60-day comment 

period [October 5, 2020, through 

December 4, 2020] need not be 

resubmitted, as these comments are 

already incorporated into the public 

record and will be considered in the 

final rule. 

Public Comment Requested 

AMS received 11 comments from 

stakeholders during the initial sixty-day 

comment period. These comments 

represent the perspectives of various 

organizations and individuals within 

the stakeholder community and 

provided AMS additional context for 

decision making. AMS is reopening the 

comment period to encourage additional 

input on a topic identified by one 

commenter during the initial comment 

period. 

The commenter requested AMS 

consider allowing flexibility in the 

remittance of collected assessments by 

lower-volume or seasonal market 

agencies. The commenter suggested that 

requiring smaller market agencies to 

remit assessments every month, 

regardless of their sales volume, could 

be burdensome for those entities with 

very small volumes. The commenter 

asked AMS to consider additional 

flexibility for small market agencies by 

allowing them to remit accumulated 

assessments on a quarterly or annual 

basis. The proposed rule would require 

that remittances occur by the 15th day 

of the month following the month in 

which lambs were purchased for 

slaughter or export, regardless of sales 

volume for that month. The commenter 

suggested such flexibilities for small 

market agencies could be based on the 

average head of lamb sold annually, 

allowing markets below a specific 

threshold to remit on a quarterly or 

annual basis. 

AMS seeks additional information 

from stakeholders to consider this type 

of flexibility. AMS seeks comments on 

the following questions: 

1. What level or threshold should 

AMS consider as a low-volume market 

agency that might be eligible for 

additional flexibility? 

2. Approximately how many market 

agencies would fit into such a category? 

3. How would this type of flexibility 

reduce regulatory burden for those 

market agencies? 

AMS seeks input on other appropriate 

thresholds—such as monthly or 

quarterly sales volume—to identify 

market agencies that might be eligible 

for regulatory flexibility regarding 

assessment remittance under the 

amended regulations. Any comments 

should be supported by data that is 

clearly quantified and explained. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2021–03470 Filed 2–19–21; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 15, 170 and 171 

[NRC–2018–0292] 

RIN 3150–AK24 

Revision of Fee Schedules; Fee 

Recovery for Fiscal Year 2021 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10460 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

amend the licensing, inspection, special 

project, and annual fees charged to its 

applicants and licensees. These 

proposed amendments are necessary to 

implement the Nuclear Energy 

Innovation and Modernization Act 

(NEIMA), which, starting in fiscal year 

(FY) 2021, requires the NRC to recover, 

to the maximum extent practicable, 

approximately 100 percent of its annual 

budget less certain amounts excluded 

from this fee-recovery requirement. In 

addition, the NRC is also proposing 

improvements associated with fee 

invoicing to implement provisions in 

NEIMA. 

DATES: Submit comments by March 24, 

2021. 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 

NEIMA requires the NRC to collect fees 

for FY 2021 by September 30, 2021, the 

NRC must finalize any revisions to its 

fee schedules promptly, and thus is 

unable to grant any extension request 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 

https://www.regulations.gov and search 

for Docket ID NRC–2018–0292. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@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. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

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: 

Anthony Rossi, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

7341; email: Anthony.Rossi@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Background; Statutory Authority 

III. Discussion 

IV. Regulatory Flexibility Certification 

V. Regulatory Analysis 

VI. Backfitting and Issue Finality 

VII. Plain Writing 

VIII. National Environmental Policy Act 

IX. Paperwork Reduction Act Public 

Protection Notification 

X. Voluntary Consensus Standards 

XI. Availability of Guidance 

XII. Public Meeting 

XIII. Availability of Documents 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2018– 

0292 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: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2018–0292. 

• NRC’s Agencywide Documents 

Access and Management System 

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

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

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

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209 or 

301–415–4737, or by email to 

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. 

• Attention: The Public Document 

Room (PDR), where you may examine 

and order copies of public documents, 

is currently closed. You may submit 

your request to PDR staff via email at 

pdr.resource@nrc.gov or call 1–800– 

397–4209 between 8:00 a.m. and 4:00 

p.m. (EST), Monday through Friday, 

except Federal holidays. 

B. Submitting Comments 

Please include Docket ID NRC–2018– 

0292 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 https://

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 

A. Statutory Authority 

Revised Fee-Recovery Framework for 

FY 2021 and Subsequent Fiscal Years 

The 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 Public Law 115–439, NEIMA 

(42 U.S.C. 2215), which the President 

signed into law on January 14, 2019. 

The NEIMA fee-related changes, 

effective October 1, 2020, include (1) 

repealing the prior fee-recovery 

framework and replacing it with a 

revised framework and (2) requirements 

to improve the invoice accuracy for 

service fees. 

Effective October 1, 2020, NEIMA 

repealed Section 6101 of the Omnibus 

Budget Reconciliation Act of 1990, as 

amended (OBRA–90) (42 U.S.C. 2214) 

and put in place a revised fee-recovery 

framework for FY 2021 and subsequent 

fiscal years, requiring the NRC to 

recover, to the maximum extent 

practicable, approximately 100 percent 

of its total budget authority for the fiscal 

year, less the budget authority for 

excluded activities. For FYs 2005 

through 2020, OBRA–90 required the 

NRC to recover approximately 90 

percent of its budget authority for the 

fiscal year, less amounts for the 

activities excluded from fee recovery 

under OBRA–90 or other legislation, 

through fees. The 10 percent of the 

remaining budget authority not 

recovered through fees was historically 

referred to as fee-relief activities. In this 

proposed rule, the NRC would establish 

a revised fee-recovery framework, which 

would eliminate the 10 percent limit on 


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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10461 

fee-relief activities. Accordingly, the 

NRC would no longer provide a feerelief credit (when the amount budgeted 

for fee-relief activities is less than the 10 

percent threshold, which would have 

decreased annual fees for licensees) or 

assess a fee-relief surcharge (when the 

amount budgeted for fee-relief activities 

is greater than the 10 percent threshold, 

which would have increased annual 

fees for licensees) as part of the 

calculation of annual fees for each 

licensee fee class. 

In FY 2021, 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) NEIMA (42 U.S.C. 2215). The IOAA 

authorizes and encourages Federal 

agencies to recover—to the fullest extent 

possible—costs attributable to services 

provided to identifiable recipients. 

Under NEIMA, the NRC must recover, to 

the maximum extent practicable, 

approximately 100 percent of its annual 

budget, less the budget authority for 

excluded activities. Under Section 

102(b)(1)(B) of NEIMA, ‘‘excluded 

activities’’ include any fee-relief activity 

as identified by the Commission, 

generic homeland security activities, 

waste incidental to reprocessing 

activities, Nuclear Waste Fund 

activities, advanced reactor regulatory 

infrastructure activities, Inspector 

General services for the Defense Nuclear 

Facilities Safety Board, research and 

development at universities in areas 

relevant to the NRC’s mission, and a 

nuclear science and engineering grant 

program. 

In FY 2021, the fee-relief activities 

identified by the Commission are 

consistent with prior final fee rules and 

include Agreement State oversight, 

regulatory support to Agreement States, 

medical isotope production 

infrastructure, fee exemptions for nonprofit educational institutions, costs not 

recovered from small entities under 10 

CFR 171.16(c), generic 

decommissioning/reclamation activities, 

the NRC’s uranium recovery program 

and unregistered general licenses, 

potential U.S. Department of Defense 

Program Memorandum of 

Understanding activities (Military 

Radium-226), and non-military radium 

sites. In addition, for FY 2021, the 

Commission identified international 

activities, not including the resources 

for import and export licensing, as feerelief activities to be excluded from the 

fee-recovery requirement. 

Under NEIMA, the NRC must use its 

IOAA authority first to collect service 

fees for NRC work that provides specific 

benefits to identifiable recipients (such 

as licensing work, inspections, and 

special projects). The NRC’s regulations 

in part 170 of title 10 of the Code of 

Federal Regulations (10 CFR), ‘‘Fees for 

Facilities, Materials, Import and Export 

Licenses, and Other Regulatory Services 

Under the Atomic Energy Act of 1954, 

as Amended,’’ explain how the agency 

collects service fees from specific 

beneficiaries. Because the NRC’s fee 

recovery under the IOAA (10 CFR part 

170) will not equal 100 percent of the 

agency’s budget authority for the fiscal 

year, the NRC also assesses ‘‘annual 

fees’’ under 10 CFR part 171, ‘‘Annual 

Fees for Reactor Licenses and Fuel 

Cycle Licenses and Materials Licenses, 

Including Holders of Certificates of 

Compliance, Registrations, and Quality 

Assurance Program Approvals and 

Government Agencies Licensed by the 

NRC,’’ to recover the remaining amount 

necessary to comply with NEIMA. 

In addition, Section 102(b)(3)(B)(i) of 

NEIMA establishes a new cap for the 

annual fees charged to operating reactor 

licensees; under this provision, the 

annual fee for an operating reactor 

licensee, to the maximum extent 

practicable, shall not exceed the annual 

fee amount per operating reactor 

licensee established in the FY 2015 final 

fee rule (80 FR 37432; June 30, 2015), 

adjusted for inflation (see Section III, 

Discussion, ‘‘FY 2021 Fee Collection— 

Revised Annual Fees,’’ of this proposed 

rule). 

B. Accurate Invoicing 

Section 102(d) of NEIMA requires 

three sets of actions related to NRC 

invoices for service fees assessed under 

10 CFR part 170. First, as stated in 

Section 102(d)(1) of NEIMA, the NRC 

must ‘‘ensure appropriate review and 

approval prior to the issuance of 

invoices’’ for service fees. Second, as 

stated in Section 102(d)(2) of NEIMA, 

the NRC must ‘‘develop and implement 

processes to audit invoices [for 10 CFR 

part 170 service fees] to ensure 

accuracy, transparency, and fairness.’’ 

Third, as stated in Section 102(d)(3) of 

NEIMA, the NRC is required to ‘‘modify 

regulations to ensure fair and 

appropriate processes to provide 

licensees and applicants an opportunity 

to efficiently dispute or otherwise seek 

review and correction of errors in 

invoices’’ for service fees. 

The NRC developed and implemented 

process improvements to ensure 

accurate invoicing for the first two 

actions. First, in July 2019, the NRC 

implemented a new agencywide process 

to standardize the validation of fees, 

which fully satisfies Section 102(d)(1) 

and partially addresses Section 

102(d)(2) of NEIMA. The new 

standardized process improved 

accountability and oversight within the 

NRC to ensure that fee billing data is 

correct before appearing on a licensee’s 

invoice. Standardizing the fee validation 

process defines roles and 

responsibilities for performing fee 

billing validation and certification; this 

standardization process also improves 

accountability and internal controls by 

adding management oversight to 

improve the accuracy of fee billing data. 

The NRC’s new process will lead to 

improved internal and external auditing 

of service fee invoices to ensure 

accuracy, transparency, and fairness of 

invoices. The process requires offices 

with fee billable charges to regularly 

review and certify hours and costs to 

validate the charges before the NRC 

sends a bill for service fees. On an 

annual basis, external financial 

statement auditors will conduct an audit 

of a sample of invoices to determine 

whether the NRC is accurately invoicing 

in accordance with the NRC’s fee 

schedules. Therefore, NRC’s invoices 

will be reviewed and audited by both 

internal and external parties. 

The second NEIMA accurate 

invoicing action also concerns the 

transparency and fairness of the overall 

billing process. The NRC is firmly 

committed to the application of fairness 

and equity in the assessment of fees. All 

10 CFR part 170 service fees are 

reassessed and published in the Federal 

Register on a yearly basis. In January 

2018, the NRC redesigned its invoices to 

add clarity and transparency for its 

stakeholders; new features included an 

invoice legend of NRC acronyms and 

the names of individual NRC staff and/ 

or contractor company, if applicable, 

who had performed the work associated 

with the charges were added. In 

addition, the NRC’s staff hours and 

contractor costs were listed separately 

on invoices so the recipient could view 

the subtotals for the two different 

categories of costs. Finally, the NRC 

implemented a new data structure to 

more effectively account for and track 

all billable work at the project level. The 

structure included a data element called 

an Enterprise Project Identifier (EPID), 

which provides useful details regarding 

the type of project or work that is being 

billed. Inspection report numbers were 

converted to EPIDs to provide more 

information, and descriptions of 

inspection activities were added to the 

invoice. Using this data structure 

enabled the NRC’s licensees and other 

persons assessed service fees to identify 

how many hours are being expended on 

each of the various activities within a 

project. To further these efforts, the NRC 

standardized its Cost Activity Codes 


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10462 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

(CACs) for all agency activities to clearly 

provide licensees with consistent 

descriptions of the work being 

performed across licensing actions, 

inspections, and over multiple dockets. 

Invoices for service fees are now 

presented in a more useful and readable 

manner and hours and costs are no 

longer commingled. As a result, the 

NRC’s invoices provide stakeholders 

greater transparency regarding fees. 

In addition, in October 2019, the NRC 

released an electronic billing (eBilling) 

system. This public facing, web-based 

application provides persons assessed 

service fees, including licensees, 

immediate delivery of NRC invoices, 

customizable email notifications, the 

capability to view and analyze invoice 

details, and access to the U.S. 

Department of the Treasury systems to 

pay invoices. The eBilling application 

provides persons assessed service fees, 

including licensees increased billing 

process transparency and has increased 

applicant and licensee confidence in the 

assessed fees and charges. 

To address the third action, the NRC 

is proposing a policy change to modify 

the regulations in 10 CFR chapter I to 

provide a standard process for licensees 

and applicants to efficiently dispute or 

otherwise seek review and correction of 

errors in invoices for services fees (see 

Section III, Discussion, ‘‘FY2021— 

Policy Changes,’’ of this proposed rule). 

III. Discussion 

FY 2021 Fee Collection—Overview 

The NRC is issuing this FY 2021 

proposed fee rule based on the 

Consolidated Appropriations Act, 2021 

(the enacted budget). The proposed fee 

rule reflects a total budget authority in 

the amount of $844.4 million, a decrease 

of $11.2 million from FY 2020. As 

explained previously, certain portions 

of the NRC’s total budget authority for 

the fiscal year are excluded from 

NEIMA’s fee-recovery requirement 

under Section 102(b)(1)(B) of NEIMA. 

Based on the FY 2021 enacted budget, 

these exclusions total $123.0 million, 

consisting of $91.2 million for fee-relief 

activities; $17.7 million for advanced 

reactor regulatory infrastructure 

activities; $11.7 million for generic 

homeland security activities; $1.2 

million for waste incidental to 

reprocessing activities; and $1.2 million 

for Inspector General services for the 

Defense Nuclear Facilities Safety Board. 

Table I summarizes the excluded 

activities for the FY 2021 proposed rule. 

TABLE I—EXCLUDED ACTIVITIES

[Dollars in millions] 

FY 2021 

proposed rule 

Fee-Relief Activities: ........................

International activities (not including the resources for import and export licensing) .................................................................. 24.7 

Agreement State oversight ........................................................................................................................................................... 10.4 

Medical isotope production infrastructure .................................................................................................................................... 5.9 

Fee exemption for nonprofit educational institutions ................................................................................................................... 9.3 

Costs not recovered from small entities under 10 CFR 171.16(c) .............................................................................................. 7.7 

Regulatory support to Agreement States ..................................................................................................................................... 12.3 

Generic decommissioning/reclamation activities (not related to the power reactor and spent fuel storage fee classes) .......... 16.1 

Uranium recovery program and unregistered general licensees ................................................................................................. 3.6 

Potential Department of Defense remediation program Memorandum of Understanding activities ........................................... 1.0 

Non-military radium sites .............................................................................................................................................................. 0.2 

Subtotal Fee-Relief Activities ................................................................................................................................................ 91.2 

Activities under Section 102(b)(1)(B)(ii) of NEIMA (Generic Homeland Security activities, Waste Incidental to Reprocessing activities, and the Defense Nuclear Facilities Safety Board) .............................................................................................................. 14.1 

Advanced reactor regulatory infrastructure activities .......................................................................................................................... 17.7 

Total Excluded Activities ................................................................................................................................................ 123.0 

After accounting for the exclusions 

from the fee-recovery requirement and 

net billing adjustments (i.e., for FY 2021 

invoices that the NRC estimates will not 

be paid during the fiscal year, less 

payments received in FY 2021 for prior 

year invoices and current year 

collections made for the termination of 

one operating power reactor), the NRC 

must recover approximately $708.8 

million in fees in FY 2021. Of this 

amount, the NRC estimates that $185.9 

million will be recovered through 10 

CFR part 170 service fees and 

approximately $522.9 million will be 

recovered through 10 CFR part 171 

annual fees. Table II summarizes the 

fee-recovery amounts for the FY 2021 

proposed fee rule using the enacted 

budget, and taking into account the 

budget authority for excluded activities 

and net billing adjustments. For all 

information presented in the following 

tables, individual values may not sum to 

totals due to rounding. Please see the 

work papers (ADAMS Accession No. 

ML20346A173) for actual amounts. 

In FY 2021, the explanatory statement 

associated with the Consolidated 

Appropriations Act, 2021, also includes 

direction for the NRC to use $35.0 

million in prior-year unobligated 

carryover funds, including $16.0 million 

to fund the Integrated University 

Program for FY 2021. The NRC does not 

assess fees in the current fiscal year for 

any carryover funds because, consistent 

with the requirements of NEIMA, fees 

are calculated based on the budget 

authority enacted for the current fiscal 

year and fees were already assessed in 

the fiscal year in which the carryover 

funds were appropriated. 


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1For each table, numbers may not add due to 

rounding. 

TABLE II—BUDGET AND FEE RECOVERY AMOUNTS 1

[Dollars in millions] 

FY 2021 

proposed rule 

Total Budget Authority ......................................................................................................................................................................... $844.4 

Less Budget Authority for Excluded Activities: .................................................................................................................................... ¥123.0 

Balance ......................................................................................................................................................................................... 721.4 

Fee Recovery Percent ......................................................................................................................................................................... 100 

Total Amount to be Recovered: .......................................................................................................................................................... 721.4 

Less Estimated Amount to be Recovered through 10 CFR part 170 Fees ................................................................................ ¥185.9 

Estimated Amount to be Recovered through 10 CFR part 171 Fees ......................................................................................... 535.5 

10 CFR part 171 Billing Adjustments: 

Unpaid Current Year Invoices (estimated) ................................................................................................................................... 3.0 

Less Current Year Collections from a Terminated Reactor—Indian Point Nuclear Generating, Unit 2 in FY 2020 and Indian 

Point Nuclear Generating, Unit 3 in FY 2021 ........................................................................................................................... ¥2.7 

Less Payments Received in Current Year for Previous Year Invoices (estimated) .................................................................... ¥12.9 

Adjusted Amount to be Recovered through 10 CFR parts 170 and 171 Fees .................................................................................. 708.8 

Adjusted 10 CFR part 171 Annual Fee Collections Required ............................................................................................................ 522.9 

FY 2021 Fee Collection—Professional 

Hourly Rate 

The NRC uses a professional hourly 

rate to assess fees under 10 CFR part 170 

for specific services it provides. The 

professional hourly rate also helps 

determine flat fees (which are used for 

the review of certain types of license 

applications). This rate is applicable to 

all activities for which fees are assessed 

under §§ 170.21 and 170.31. 

The NRC’s professional hourly rate is 

derived by adding budgeted resources 

for: (1) Mission-direct program salaries 

and benefits, (2) mission-indirect 

program support, and (3) agency 

support (corporate support and the 

Inspector General). The NRC then 

subtracts certain offsetting receipts and 

divides this total by the mission-direct 

full-time equivalent (FTE) converted to 

hours (the mission-direct FTE converted 

to hours is the product of the missiondirect 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 2021, the NRC is proposing to 

increase the professional hourly rate 

from $279 to $288. The 3.2 percent 

increase in the FY 2021 professional 

hourly rate is primarily due to a 2.1 

percent increase in budgetary resources 

of approximately $15.0 million. The 

increase in budgetary resources is, in 

turn, primarily due to an increase in 

salaries and benefits to support Federal 

pay raises for NRC employees. The 

anticipated decline in the number of 

mission-direct FTE compared to FY 

2020 also contributed to the increase in 

the professional hourly rate. The hourly 

rate is inversely related to the missiondirect FTE amount; therefore, as the 

number of mission-direct FTE decrease 

the hourly rate can increase. The 

number of mission-direct FTE is 

expected to decline by 17, primarily due 

to: (1) The completion of probabilistic 

risk assessment reviews related to 

lessons learned from the accident at 

Fukushima Dai-ichi in Japan; (2) the 

closure of Duane Arnold Energy Center 

(Duane Arnold); and (3) the reduced 

workload associated with significance 

determinations, operating experience 

evaluations, and generic 

communications development. 

The FY 2021 estimate for annual 

mission-direct FTE productive hours is 

1,510 hours, which is unchanged from 

FY 2020. This estimate, also referred to 

as the productive hours assumption, 

reflects the average number of hours 

that a mission-direct employee spends 

on mission-direct work in a given year. 

This estimate therefore excludes hours 

charged to annual leave, sick leave, 

holidays, training, and general 

administrative tasks. Table III shows the 

professional hourly rate calculation 

methodology. The FY 2020 amounts are 

provided for comparison purposes. 


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2The 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 and Test Reactors 

products within the Operating Reactors business 

line. 

TABLE III—PROFESSIONAL HOURLY RATE CALCULATION

[Dollars in millions, except as noted] 

FY 2020 

final rule 

FY 2021 

proposed rule 

Mission-Direct Program Salaries & Benefits ........................................................................................................... $314.6 $335.3 

Mission-Indirect Program Support ........................................................................................................................... $110.8 $113.2 

Agency Support (Corporate Support and the IG) ................................................................................................... $291.5 $283.7 

Subtotal ............................................................................................................................................................. $716.9 $732.2 

Less Offsetting Receipts 2 ....................................................................................................................................... $0.0 $0.0 

Total Budgeted Resources Included in Professional Hourly Rate ................................................................... $716.9 $732.2 

Mission-Direct FTE (Whole numbers) ..................................................................................................................... 1,701 1,684 

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

Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual Mission-Direct FTE Productive Hours) (In Millions) ........................................................................................................................................ 2,568,510 2,542,840 

Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by MissionDirect FTE Converted to Hours) (Whole Numbers) ............................................................................................ $279 $288 

FY 2021 Fee Collection—Flat 

Application Fee Changes 

The NRC proposes to amend the flat 

application fees it charges in its 

schedule of fees in §§ 170.21 and 170.31 

to reflect the revised professional hourly 

rate of $288. The NRC charges these fees 

to applicants for materials licenses and 

other regulatory services, as well as to 

holders of materials licenses. The NRC 

calculates these flat fees by multiplying 

the average professional staff hours 

needed to process the licensing actions 

by the professional hourly rate for FY 

2021. As part of its calculations, the 

NRC analyzes the actual hours spent 

performing licensing actions and 

estimates the five-year average of 

professional staff hours that are needed 

to process licensing actions as part of its 

biennial review of fees; these actions are 

required by Section 205(a) of the Chief 

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

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

review in FY 2021 and will perform this 

review again in FY 2023. The biennial 

review adjustments and the higher 

professional hourly rate of $288 are the 

primary reasons for the increase in 

application fees (see the work papers). 

In order to simplify billing, the NRC 

rounds these flat fees to a minimal 

degree. Specifically, the NRC rounds 

these flat fees (up or down) in such a 

way that ensures both convenience for 

its stakeholders and 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 import and export 

licensing actions (see fee categories K.1. 

through K.5. of § 170.21 and fee 

categories 15.A. through 15.R. of 

§ 170.31), as well as 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). Applications 

filed on or after the effective date of the 

FY 2021 final fee rule will be subject to 

the revised fees in the final rule. 

FY 2021 Fee Collection—Low-Level 

Waste Surcharge 

As in prior years, the NRC proposes 

to assess a generic low-level waste 

(LLW) surcharge of $3.4 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 

disposed of by four generator classes: 

Academic, industrial, medical, and 

utility. The ratio of waste volumes 

disposed of by these generator classes to 

total LLW volumes disposed over a 

period of time is used to estimate the 

portion of this surcharge that will be 

allocated to the power reactors, fuel 

facilities, and the materials users fee 

classes. The materials users fee class 

portion is adjusted to account for the 

large percentage of materials licensees 

that are licensed by the Agreement 

States rather than the NRC. 

Table IV shows the allocation of the 

LLW surcharge and its proposed 

allocation across the various fee classes. 

TABLE IV—ALLOCATION OF LLW SURCHARGE FY 2021 

[Dollars in millions] 

LLW surcharge 

Percent $ 

Operating Power Reactors ...................................................................................................................................... 87.4 2.938 

Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... 0.0 0.000 

Non-Power Production or Utilization Facilities ........................................................................................................ 0.0 0.000 


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TABLE IV—ALLOCATION OF LLW SURCHARGE FY 2021—Continued 

[Dollars in millions] 

LLW surcharge 

Percent $ 

Fuel Facilities ........................................................................................................................................................... 10.0 0.336 

Materials Users ........................................................................................................................................................ 2.6 0.087 

Transportation .......................................................................................................................................................... 0.0 0.000 

Rare Earth Facilities ................................................................................................................................................ 0.0 0.000 

Uranium Recovery ................................................................................................................................................... 0.0 0.000 

Total .................................................................................................................................................................. 100.0 3.361 

FY 2021 Fee Collection—Revised 

Annual Fees 

In accordance with SECY–05–0164, 

‘‘Annual Fee Calculation Method’’ 

(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 100 percent of the NRC’s 

FY 2021 enacted budget (less the budget 

authority for excluded activities and the 

estimated amount to be recovered 

through 10 CFR part 170 fees). The total 

estimated 10 CFR part 170 collections 

for this proposed rule are $185.9 

million, which is a decrease of $34.2 

million from the FY 2020 final rule (see 

the specific fee class sections for a 

discussion of this decrease). The NRC, 

therefore, proposes to recover $522.9 

million through annual fees from its 

licensees, which is an increase of $14.9 

million from the FY 2020 final rule. 

Table V shows the proposed 

rebaselined fees for FY 2021 for a 

sample of licensee categories. The FY 

2020 amounts are provided for 

comparison purposes. 

TABLE V—REBASELINED ANNUAL FEES

[Actual dollars] 

Class/category of licenses 

FY 2020 

final 

annual fee 

FY 2021 

proposed 

annual fee 

Operating Power Reactors ...................................................................................................................................... $4,621,000 $4,809,000 

+ Spent Fuel Storage/Reactor Decommissioning ................................................................................................... 188,000 246,000 

Total, Combined Fee ........................................................................................................................................ 4,804,000 5,050,000 

Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... 188,000 246,000 

Non-Power Production or Utilization Facilities ........................................................................................................ 81,300 78,700 

High Enriched Uranium Fuel Facility (Category 1.A.(1)(a)) .................................................................................... 5,067,000 4,835,000 

Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b)) ..................................................................................... 1,717,000 1,639,000 

Uranium Enrichment (Category 1.E) ....................................................................................................................... 2,208,000 2,107,000 

UF6 Conversion and Deconversion Facility (Category 2.A.(1) ................................................................................ 510,000 486,000 

Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .......................................................................................... 49,200 45,900 

Typical Users: 

Radiographers (Category 3O) .......................................................................................................................... 29,900 29,000 

All Other Specific Byproduct Material Licensees (Category 3P) ..................................................................... 9,700 9,800 

Medical Other (Category 7C) ........................................................................................................................... 14,800 16,700 

Device/Product Safety Evaluation—Broad (Category 9A) ............................................................................... 13,800 17,800 

The work papers that support this 

proposed rule show in detail how the 

NRC allocates the budgeted resources 

for each class of licensees and calculates 

the fees. 

Paragraphs a. through h. of this 

section describe the budgeted resources 

allocated to each class of licensees and 

the calculations of the rebaselined fees. 

For more information about detailed fee 

calculations for each class, please 

consult the accompanying work papers 

for this proposed rule. 

a. Operating Power Reactors 

The NRC proposes to collect $446.8 

million in annual fees from the 

operating power reactors fee class in FY 

2021, as shown in Table VI. The FY 

2020 operating power reactor fees are 

shown for comparison purposes. 

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Total budgeted resources ........................................................................................................................................ $623.9 $611.8 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥186.7 ¥157.0 


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TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS—Continued 

[Dollars in millions] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Net 10 CFR part 171 resources ....................................................................................................................... 437.2 454.8 

Allocated generic transportation .............................................................................................................................. 0.2 0.3 

Fee-relief adjustment ............................................................................................................................................... ¥1.2 N/A 

Allocated LLW surcharge ........................................................................................................................................ 3.1 2.9 

Billing adjustment ..................................................................................................................................................... 2.4 ¥8.4 

Adjustment: Estimated current year collections from terminated reactor (Indian Point Generating, Unit 2 in FY 

2020 and Indian Point Generating, Unit 3 in FY 2021) ....................................................................................... ¥2.7 ¥2.7 

Total required annual fee recovery .................................................................................................................. 439.0 446.8 

Total operating reactors ................................................................................................................................... 95 93 

Annual fee per reactor ............................................................................................................................................. 4.621 4.804 

In comparison to FY 2020, the FY 

2021 proposed annual fee for the 

operating power reactors fee class is 

increasing primarily due to the 

following: (1) The decline in 10 CFR 

part 170 estimated billings; (2) the 

reduction in the fleet due to the closure 

of Duane Arnold and Indian Point 

Energy Center (Indian Point Unit 3); and 

(3) the absence of the fee-relief 

adjustment. The increase in the 

proposed annual fee for the operating 

power reactors fee class is partially 

offset due to the following: (1) The 

decrease in budgeted resources and (2) 

a billing adjustment and current year 

collection adjustment. These 

components are discussed below. 

The 10 CFR part 170 estimated 

billings declined primarily due to the 

following: (1) The decrease due to the 

plant closures of Indian Point Unit 3 

closing in April 2021 and Duane Arnold 

closing in October 2020; (2) the 

completion of construction activities at 

Vogtle Electric Generating Plant, Unit 3 

(Vogtle Unit 3); and (3) the completion 

of the NuScale small modular reactor 

(SMR) Design Certification review. This 

decrease in the 10 CFR part 170 

estimated billings is partially offset by 

increased work to support the following: 

(1) The review of the Oklo Power LLC 

combined license application for the 

Aurora micro reactor, which was 

docketed in June 2020; and (2) 

inspection activities in order to perform 

inspections that were deferred due to 

the COVID–19 public health emergency. 

In addition, as a result of the revised 

fee-recovery framework under NEIMA, 

the FY 2021 proposed annual fee 

increased due to the absence of the feerelief adjustment that was made for FY 

2020. Because NEIMA eliminated the 

approximately 90 percent requirement 

for fee recovery and, in turn, the 10 

percent limit on fee-relief activities, the 

NRC will no longer provide a fee-relief 

credit or assess a fee-relief surcharge as 

part of the calculation of annual fees for 

each licensee fee class. 

The increase in the annual fee is 

partially offset by a decline in FTEs that 

includes, but is not limited to, the 

following: (1) The completion of 

probabilistic risk assessment reviews 

related to lessons learned from the 

accident at Fukushima Dai-ichi in 

Japan; (2) the closure of Duane Arnold; 

(3) reduced workload associated with 

significance determinations, operating 

experience evaluations, and generic 

communications development; (4) the 

completion of the NuScale SMR Design 

Certification review; (5) a decrease in 

licensing actions resulting from the 

completion of construction of Vogtle 

Unit 3 and reduced demand for operator 

licensing and vendor inspection work as 

Vogtle Unit 3 will be transitioning to 

operational; and (6) decreases in 

research workload in areas of flooding, 

high energy arc faulting testing, and the 

near completion of the Level 3 

probabilistic risk assessment project. 

The decrease in the budgeted resources 

is offset by an increase for certain 

contract costs due to a reduction in the 

utilization of prior-year unobligated 

carryover funding and an increase in the 

fully costed FTE rate compared to FY 

2020. 

In addition, the increase in the annual 

fee is partially offset by the $8,444,731 

billing adjustment that was included in 

the operating power reactors calculation 

due to the deferral of annual fees and 

fees for services due to the COVID–19 

public health emergency, and a 

$2,700,000 current year collection 

adjustment in the operating power 

reactors fee class calculation due to the 

shutdown of Indian Point Unit 3. 

The recoverable budgeted costs are 

divided equally among the 93 licensed 

operating power reactors, a decrease of 

two operating power reactors compared 

to FY 2020 due to the closure of Duane 

Arnold and Indian Point Unit 3, 

resulting in an annual fee of $4,804,000 

per reactor. Additionally, each licensed 

operating power reactor is assessed the 

FY 2021 spent fuel storage/reactor 

decommissioning annual fee of 

$246,000 (see Table VII and the 

discussion that follows). The combined 

FY 2021 annual fee for each operating 

power reactor is $5,050,000. 

The NRC included an estimate of the 

operating power reactors annual fee in 

Appendix C, ‘‘Estimated Operating 

Power Reactors Annual Fee,’’ of the FY 

2021 CBJ, with the intent to increase 

transparency with stakeholders. The 

NRC developed this estimate based on 

the staff’s allocation of the FY 2021 

budget request to fee classes under 10 

CFR part 170, and allocations within the 

operating power reactors fee class under 

10 CFR part 171. In addition, the 

estimated annual fee assumed 93 

operating power reactors in FY 2021 

and applied various data assumptions 

from the FY 2019 final fee rule. Based 

on these allocations and assumptions, 

the operating power reactor annual fee 

included in the FY 2021 CBJ was 

estimated to be $4.8 million, 

approximately $0.6 million below the 

FY 2015 operating power reactors 

annual fee amount adjusted for inflation 

of $5.4 million. Collectively, these 

actions serve to mitigate impacts 

resulting from licensees leaving the fee 

class and help the NRC continue to 

develop budgets that account for a fee 

class with a declining number of 

licensees. Although the FY 2021 CBJ 

included the estimated operating power 

reactors annual fee, the assumptions 

made above between budget formulation 

and the development of the FY 2021 

proposed rule have changed, as shown 

in Table VI. 

In FY 2016, the NRC amended its 

licensing, inspection, and annual fee 


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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10467 

regulations to establish a variable 

annual fee structure for light-water 

SMRs (81 FR 32617). Under the variable 

annual fee structure, 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 will not assess an 

annual fee in FY 2021 for this type of 

licensee. 

b. Spent Fuel Storage/Reactor 

Decommissioning 

The NRC proposes to collect $30.1 

million in annual fees from 10 CFR part 

50 power reactor licensees, and from 10 

CFR part 72 licensees that do not hold 

a 10 CFR part 50 license, to recover the 

budgeted costs for the spent fuel 

storage/reactor decommissioning fee 

class in FY 2021, as shown in Table VII. 

The FY 2020 spent fuel storage/reactor 

decommissioning fees are shown for 

comparison purposes. 

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

[Dollars in millions] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Total budgeted resources ........................................................................................................................................ $37.9 $42.2 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥15.9 ¥12.4 

Net 10 CFR part 171 resources ....................................................................................................................... 22.1 29.8 

Allocated generic transportation costs .................................................................................................................... 0.8 0.8 

Fee-relief adjustment ............................................................................................................................................... ¥0.1 N/A 

Billing adjustments ................................................................................................................................................... 0.1 ¥0.6 

Total required annual fee recovery .................................................................................................................. 22.9 30.1 

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

Annual fee per facility .............................................................................................................................................. $0.188 $0.246 

In comparison to FY 2020, the FY 

2021 proposed annual fee for the spent 

fuel storage/reactor decommissioning 

fee class is increasing primarily due to 

the increase in the budgeted resources 

and the decline in the 10 CFR part 170 

estimated billings. 

The budgeted resources for the spent 

fuel storage/reactor decommissioning 

fee class increased primarily to support 

of the following: (1) Decommissioning 

activities associated with power reactors 

in decommissioning, including the 

transition of Duane Arnold from 

operation to the power reactor 

decommissioning program; and (2) 

waste research activities associated with 

accident tolerant fuel, high burnup, and 

enrichment extension fuels. 

The 10 CFR part 170 estimated 

billings for FY 2021 decreased primarily 

due to the following: (1) A reduction in 

hours associated with the staff’s review 

of renewals and amendments for 

independent spent fuel storage 

installation (ISFSI) licenses and dry 

cask storage certificates of compliance 

(CoCs); (2) the near completion of the 

staff’s review of the Interim Storage 

Partners consolidated interim storage 

facility application; (3) the completion 

of certain follow-up inspections and 

other inspection activities for San 

Onofre Nuclear Generating Station; (4) 

the completion of licensing actions, 

partial site release requests, and a 

decrease in confirmatory survey work at 

multiple sites; (5) the near completion 

of the license termination for the La 

Crosse Boiling Water Reactor; (6) a 

reduction in contract support due to a 

decrease in confirmatory survey 

contractor work expected; and (7) a 

decrease in billable hours for the 

Pilgrim Nuclear Power Station due to 

the site converting to decommissioning. 

This decrease in the 10 CFR part 170 

estimated billings is partially offset by 

increased work to support the following: 

(1) The review of renewals and 

amendments for dry cask storage 

certificates of compliance, and 

inspection activities for ISFSI licenses 

and dry cask storage CoCs; (2) the staff’s 

safety and environmental review of the 

Holtec HI–STORE consolidated interim 

storage facility application; (3) the staff’s 

review of the Holtec Thermal Topical 

Report on the HI–STORM 100 and HI– 

STORM FW Systems; (4) activities 

within the power reactor 

decommissioning program associated 

with the plant closures of Duane 

Arnold, Indian Point Units 2 and 3, and 

Three Mile Island Nuclear Generating 

Station, Unit 1; and (5) the review of 

decommissioning license amendments, 

exemptions, and inspection activities at 

multiple sites. 

The increase in the annual fee is 

partially offset by an approximate $0.6 

million 10 CFR part 171 billing 

adjustment that was included in the 

spent fuel storage/reactor 

decommissioning calculation due to the 

deferral of annual fees and fees for 

services due to the COVID–19 public 

health emergency. 

The required annual fee recovery 

amount is divided equally among 122 

licensees, resulting in a proposed FY 

2021 annual fee of $246,000 per 

licensee. 

c. Fuel Facilities 

The NRC proposes to collect $17.2 

million in annual fees from the fuel 

facilities fee class in FY 2021, as shown 

in Table VIII. The FY 2020 fuel facilities 

fees are shown for comparison 

purposes. 

TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Total budgeted resources ........................................................................................................................................ $23.2 $23.3 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥6.8 ¥7.4 

Net 10 CFR part 171 resources ....................................................................................................................... 16.5 16.0 


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TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES—Continued 

[Dollars in millions] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Allocated generic transportation .............................................................................................................................. 1.1 1.2 

Fee-relief adjustment ............................................................................................................................................... ¥0.1 N/A 

Allocated LLW surcharge ........................................................................................................................................ 0.4 0.3 

Billing adjustments ................................................................................................................................................... 0.1 ¥0.3 

Total remaining required annual fee recovery ................................................................................................. $18.0 $17.2 

In comparison to FY 2020, the FY 

2021 proposed annual fee for the fuel 

facilities fee class is decreasing 

primarily due to the increase in 10 CFR 

part 170 estimated billings and the 10 

CFR part 171 billing adjustment that 

was included in the fuel facilities 

calculation due to the deferral of annual 

fees and fees for services due to the 

COVID–19 public health emergency. 

The decrease in the proposed annual fee 

is offset by an increase in the budgeted 

resources as discussed below. 

The 10 CFR part 170 estimated 

billings increased as a result of the 

following: (1) The increased workload to 

support the staff’s review of a license 

amendment application associated with 

high assay low enriched uranium and 

the associated security plans, and (2) the 

review of the Westinghouse 

environmental impact statement being 

developed for the license renewal. As 

part of the proposed annual fee, an 

approximate $0.3 million billing 

adjustment was included in the fuel 

facilities calculation due to the deferral 

of annual fees and fees for services due 

to the COVID–19 public health 

emergency. 

The decrease in the proposed annual 

fee is offset in part by an increase in the 

resources for contract costs budgeted for 

the fuel facilities fee class primarily due 

to a reduction in the utilization of prioryear unobligated carryover compared to 

FY 2020. 

The NRC will continue allocating 

annual fees to individual fuel facility 

licensees based on the effort/fee 

determination matrix developed in the 

FY 1999 final fee rule (64 FR 31447; 

June 10, 1999). To briefly recap, the 

matrix groups licensees within this fee 

class into various fee categories. The 

matrix lists processes that are conducted 

at licensed sites and assigns effort 

factors for the safety and safeguards 

activities associated with each process 

(these effort levels are reflected in Table 

IX). The annual fees are then distributed 

across the fee class based on the 

regulatory effort assigned by the matrix. 

The effort factors in the matrix represent 

regulatory effort that is not recovered 

through 10 CFR part 170 fees (e.g., 

rulemaking, guidance). Regulatory effort 

for activities that are subject to 10 CFR 

part 170 fees, such as the number of 

inspections, is not applicable to the 

effort factor. 

TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2021 

Facility type 

(fee category) 

Number of 

facilities 

Effort factors 

Safety Safeguards 

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

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

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

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

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

Uranium Enrichment (1.E.) .......................................................................................................... 1 16 23 

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

In FY 2021, the total remaining 

amount of annual fees proposed to be 

recovered, $17.2 million, is attributable 

to safety activities, safeguards activities, 

and the LLW surcharge. For FY 2021, 

the total budgeted resources proposed to 

be recovered as annual fees for safety 

activities are $9.6 million. To calculate 

the annual fee, the NRC allocates this 

amount to each fee category based on its 

percentage of the total regulatory effort 

for safety activities. Similarly, the NRC 

allocates the budgeted resources to be 

recovered as annual fees for safeguards 

activities, $7.2 million, to each fee 

category based on its percentage of the 

total regulatory effort for safeguards 

activities. Finally, the fuel facilities fee 

class portion of the LLW surcharge— 

$0.3 million—is allocated to each fee 

category based on its percentage of the 

total regulatory effort for both safety and 

safeguards activities. The proposed 

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

[Actual dollars] 

Facility type 

(fee category) 

FY 2020 

final 

annual fee 

FY 2021 

proposed 

annual fee 

High-Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................ $5,067,000 $4,835,000 

Low-Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................................. 1,717,000 1,639,000 


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3The Congress established the two programs, 

Title I and Title II, under UMTRCA to protect the 

public and the environment from hazards 

associated with uranium milling. The UMTRCA 

Title I program is for remedial action at abandoned 

mill tailings sites where tailings resulted largely 

from production of uranium for weapons programs. 

The NRC also regulates DOE’s UMTRCA Title II 

program, which is directed toward uranium mill 

sites licensed by the NRC or Agreement States in 

or after 1978. 

TABLE X—ANNUAL FEES FOR FUEL FACILITIES—Continued 

[Actual dollars] 

Facility type 

(fee category) 

FY 2020 

final 

annual fee 

FY 2021 

proposed 

annual fee 

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

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

Uranium Enrichment (1.E.) ...................................................................................................................................... 2,208,000 2,107,000 

UF 6 Conversion and Deconversion (2.A.(1)) .......................................................................................................... 510,000 486,000 

d. Uranium Recovery Facilities 

The NRC proposes to collect $0.1 

million in annual fees from the uranium 

recovery facilities fee class in FY 2021, 

as shown in Table XI. The FY 2020 

uranium recovery fees are shown for 

comparison purposes. 

TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Total budgeted resources ........................................................................................................................................ $0.6 $0.5 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥0.4 ¥0.3 

Net 10 CFR part 171 resources ....................................................................................................................... 0.2 0.1 

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

Fee-relief adjustment ............................................................................................................................................... 0.0 N/A 

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

Total required annual fee recovery .................................................................................................................. 0.2 0.1 

In comparison to FY 2020, the FY 

2021 proposed annual fee for the 

uranium recovery fee class is decreasing 

primarily due to a decline in the 

budgeted resources because of an 

expected decrease in casework 

associated with uranium recovery 

policy issues, environmental review 

coordination activities, and guidance 

development. 

The NRC regulates DOE’s Title I and 

Title II activities under the Uranium 

Mill Tailings Radiation Control Act 

(UMTRCA).3 The annual fee assessed 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 NRC described the overall 

methodology for determining fees for 

UMTRCA in the FY 2002 fee rule (67 FR 

42625; June 24, 2002), and the NRC 

continues to use this methodology. The 

DOE’s UMTRCA annual fee decreased 

compared to FY 2020 due to an increase 

in the 10 CFR part 170 estimated 

billings for the anticipated workload 

increases at various DOE UMTRCA 

sites. The NRC assesses the remaining 

90 percent of its budgeted costs to the 

remaining licensee in this fee class, as 

described in the work papers. This is 

reflected in Table XII: 

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

[Actual dollars] 

Summary of costs 

FY 2020 

final 

annual fee 

FY 2021 

proposed 

annual fee 

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

UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts .................................................. $114,577 $75,442 

10 percent of generic/other uranium recovery budgeted costs ....................................................................... 5,573 5,103 

10 percent of uranium recovery fee-relief adjustment ..................................................................................... ¥107 N/A 

Total Annual Fee Amount for DOE (rounded) .......................................................................................... 120,000 81,000 

Annual Fee Amount for Other Uranium Recovery Licenses: 

90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for 

UMTRCA Title I and Title II activities ........................................................................................................... 50,153 45,923 

90 percent of uranium recovery fee-relief adjustment ..................................................................................... ¥959 N/A 

Total Annual Fee Amount for Other Uranium Recovery Licenses ........................................................... 49,194 45,923 


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Further, for any non-DOE licensees, 

the NRC will continue using a matrix to 

determine the effort levels associated 

with conducting generic regulatory 

actions for the different licensees in the 

uranium recovery fee class; this is 

similar to the NRC’s approach for fuel 

facilities, described previously. The 

matrix methodology for uranium 

recovery licensees first identifies the 

licensee categories included within this 

fee class (excluding DOE). These 

categories are: Conventional uranium 

mills and heap leach facilities, uranium 

in situ recovery (ISR) and resin ISR 

facilities, and mill tailings disposal 

facilities. The matrix identifies the types 

of operating activities that support and 

benefit these licensees, along with each 

activity’s relative weight (See the work 

papers). Currently, there is only one 

remaining non-DOE licensee, which is a 

non-resin in situ recovery facility. Table 

XIII displays the benefit factors for the 

non-DOE 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 

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) 

[Actual dollars] 

Facility type 

(fee category) 

FY 2020 

final 

annual fee 

FY 2021 

proposed 

annual fee 

Conventional and Heap Leach mills (2.A.(2)(a)) ..................................................................................................... N/A N/A 

Basic In Situ Recovery facilities (2.A.(2)(b)) ........................................................................................................... $49,200 $45,900 

Expanded In Situ Recovery facilities (2.A.(2)(c)) .................................................................................................... N/A N/A 

Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ..................................................................... N/A N/A 

e. Non-Power Production or Utilization 

Facilities 

The NRC proposes to collect $0.315 

million in annual fees from the nonpower production or utilization 

facilities fee class in FY 2021, as shown 

in Table XV. The non-power production 

or utilization facility fee class replaces 

the research and test reactor fee class 

from previous fiscal years. This revised 

fee class accounts for commercial nonreactor production and utilization 

facilities expected to be used for the 

production of medical isotopes. The 

final FY 2020 research and test reactors 

fees are shown for comparison 

purposes. 

TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR NON-POWER PRODUCTION OR UTILIZATION FACILITIES

[Actual dollars] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Total budgeted resources ........................................................................................................................................ $3,317,830 $3,992,782 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥3,030,000 ¥3,655,000 

Net 10 CFR part 171 resources ....................................................................................................................... 287,830 337,782 

Allocated generic transportation .............................................................................................................................. 30,713 32,585 

Fee-relief adjustment ............................................................................................................................................... ¥6,183 N/A 

Billing adjustments ................................................................................................................................................... 12,980 ¥55,539 

Total required annual fee recovery .................................................................................................................. 325,341 314,827 

Total non-power production or utilization facilities licenses ............................................................................. 4 4 

Total annual fee per license (rounded) ............................................................................................................ 81,300 78,700 

In comparison to FY 2020, the 

proposed annual fee for the non-power 

production or utilization facilities fee 

class is decreasing, primarily due to a 

rise in 10 CFR part 170 estimated 

billings to support the following: (1) 

Activities associated with the review of 

the GE Nuclear Test Reactor license 

renewal application; (2) activities 


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associated with reviewing operating 

license application(s), construction 

permit application(s); and (3) 

conducting pre-application activities for 

non-power production or utilization 

facilities. The budgeted resources for the 

non-power production or utilization 

facilities fee class increased primarily to 

support an increased workload for 

initial licensing activities. 

The annual fee-recovery amount is 

divided equally among the four nonpower production or utilization 

facilities licensees subject to annual fees 

and results in an FY 2021 proposed 

annual fee of $78,700 for each licensee. 

f. Rare Earth 

The NRC has not allocated any 

budgeted resources to this fee class; 

therefore, the NRC is not proposing to 

assess an annual fee for this fee class in 

FY 2021. 

g. Materials Users 

The NRC proposes to collect $35.1 

million in annual fees from materials 

users licensed under 10 CFR parts 30, 

40, and 70, as shown in Table XVI. The 

FY 2020 materials users fees are shown 

for comparison purposes. 

TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Total budgeted resources for licensees not regulated by Agreement States ......................................................... $33.7 $35.1 

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

Net 10 CFR part 171 resources ....................................................................................................................... 32.8 34.1 

Allocated generic transportation .............................................................................................................................. 1.2 1.3 

Fee-relief adjustment ............................................................................................................................................... 0.0 N/A 

LLW surcharge ........................................................................................................................................................ 0.0 0.1 

Billing adjustments ................................................................................................................................................... 0.1 ¥0.4 

Total required annual fee recovery .................................................................................................................. 34.1 35.1 

The formula for calculating 10 CFR 

part 171 annual fees for the various 

categories of materials users is described 

in detail in the work papers. Generally, 

the calculation results in a single annual 

fee that includes 10 CFR part 170 costs, 

such as amendments, renewals, 

inspections, and other licensing actions 

specific to individual fee categories. 

The total annual fee recovery of $35.1 

million proposed for FY 2021 shown in 

Table XVI consists of $27.3 million for 

general costs and $7.7 million for 

inspection costs. To equitably and fairly 

allocate the $35.1 million required to be 

collected among approximately 2,500 

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 fee 

calculation method also considers the 

inspection frequency (priority), which is 

indicative of the safety risk and 

resulting regulatory costs associated 

with the categories of licenses. 

In comparison to FY 2020, the 

proposed annual fees for the materials 

users fee class are increasing due to the 

following: (1) The NRC is proposing an 

increase in the fully costed FTE rate 

compared to FY 2020; (2) an increase in 

the budgeted resources for contract costs 

due to a reduction in the utilization of 

prior-year unobligated carryover 

funding compared to FY 2020; and (3) 

the realignment of budgeted resources 

that supports contract funding for 

general license tracking, the materials 

event database, and rulemaking 

information technology activities. In 

addition, the results of the biennial 

review of fees resulted in some 

increases and decreases in the proposed 

annual fees. 

A constant multiplier is established to 

recover the total general costs (including 

allocated generic transportation costs) of 

$27.3 million. To derive the constant 

multiplier, the general cost amount is 

divided by the sum of all fee categories 

(application fee plus the inspection fee 

divided by inspection priority) then 

multiplied by the number of licensees. 

This calculation results in a constant 

multiplier of 0.99 for FY 2021. The 

average inspection cost is the average 

inspection hours for each fee category 

multiplied by the professional hourly 

rate of $288. The inspection priority is 

the interval between routine 

inspections, expressed in years. The 

inspection multiplier is established in 

order to recover the $7.7 million in 

inspection costs. To derive the 

inspection multiplier, the inspection 

costs amount is divided by the sum of 

all fee categories (inspection fee divided 

by inspection priority) then multiplied 

by the number of licensees. This 

calculation results in an inspection 

multiplier of 1.43 for FY 2021. The 

unique category costs are any special 

costs that the NRC has budgeted for a 

specific category of licenses. Please see 

the work papers for more detail about 

this classification. 

The proposed annual fee assessed to 

each licensee also takes into account a 

share of approximately $0.087 million 

in LLW surcharge costs allocated to the 

materials users fee class (see Table IV, 

‘‘Allocation of LLW Surcharge, FY 

2021,’’ in Section IV, ‘‘Discussion,’’ of 

this document). The proposed annual 

fee for each fee category is shown in the 

revision to § 171.16(d). 

h. Transportation 

The NRC proposes to collect $1.0 

million in annual fees to recover generic 

transportation budgeted resources in FY 

2021, as shown in Table XVII. The FY 

2020 fees are shown for comparison 

purposes. 


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TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee calculations FY 2020 

final 

FY 2021 

proposed 

Total Budgeted Resources ...................................................................................................................................... $7.2 $8.3 

Less Estimated 10 CFR part 170 Receipts ............................................................................................................. ¥2.8 ¥3.6 

Net 10 CFR part 171 Resources ..................................................................................................................... 4.4 4.6 

Less Generic Transportation Resources ................................................................................................................. ¥3.4 ¥3.6 

Fee-relief adjustment ............................................................................................................................................... 0.0 N/A 

Billing adjustments ................................................................................................................................................... 0.0 ¥0.1 

Total required annual fee recovery .................................................................................................................. 1.0 1.0 

In comparison to FY 2020, the 

proposed annual fee for the 

transportation fee class is decreasing 

primarily due to the 10 CFR part 171 

billing adjustment and the rise in the 10 

CFR part 170 estimated billings to 

support multiple amendment requests 

related to new amendment packages. 

An offset to the decrease in the annual 

fee transportation fee class is due to the 

following: (1) An increase in the 

budgeted resources for contract costs 

due to a reduction in the utilization of 

prior-year unobligated carryover 

funding compared to FY 2020; (2) an 

increase in the number and 

complexities of transportation package 

applications as a result of rising power 

reactors in decommissioning; and (3) 

the expanded use of accident tolerant 

fuels. 

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. 

This resource distribution to the 

licensee fee classes and DOE is shown 

in Table XVIII. Note that for the nonpower production or utilization 

facilities fee class, the NRC allocates the 

distribution to only those licensees that 

are subject to annual fees. Although five 

CoCs benefit the entire non-power 

production or utilization facilities fee 

class, only 4 out of 31 non-power 

production or utilization facilities 

licensees are subject to annual fees. 

Consequently, the number of CoCs used 

to determine the proportion of generic 

transportation resources allocated to 

annual fees for the non-power 

production or utilization facilities fee 

class has been adjusted to 0.7 so these 

licensees are charged a fair and 

equitable portion of the total fees (See 

the work papers). 

TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2021 

[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 ............................................................................................................................ 25.0 27.3 1.3 

Operating Power Reactors .......................................................................................................... 5.0 5.5 0.3 

Spent Fuel Storage/Reactor Decommissioning .......................................................................... 16.0 17.5 0.8 

Non-Power Production or Utilization Facilities ............................................................................ 0.7 0.7 0.0 

Fuel Facilities ............................................................................................................................... 24.0 26.2 1.2 

Sub-Total of Generic Transportation Resources ................................................................. 70.7 77.1 3.6 

DOE ............................................................................................................................................. 21.0 22.9 1.1 

Total ...................................................................................................................................... 91.7 100.0 4.6 

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 2021—Policy Changes 

The NRC is proposing two policy 

changes for FY 2021: 

Process for Disputing Errors in Invoices 

for Service Fees 

Section 102(d)(3) of NEIMA requires 

the NRC to ‘‘modify regulations to 

ensure fair and appropriate processes to 

provide licensees and applicants an 

opportunity to efficiently dispute or 

otherwise seek review and correction of 

errors in invoices’’ for service fees. The 

NRC is proposing requirements for a 

standard method for licensees and 

applicants to efficiently dispute or seek 

review and correction of errors in 

invoices. The proposed process is 

illustrated in the process map, ‘‘NRC 

Form 529, Processing Dispute of FeesFor-Service Charges’’ (ADAMS 

Accession No. ML20311A159). This 

proposed process follows the 

established method for licensees and 

applicants to submit requests for the 

review of fees assessed under 10 CFR 

part 170 (ADAMS Accession No. 

ML20104C055). The NRC Form 529 will 

be available in the agency’s eBilling 

system, on the agency’s public site, and 


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4The NPUF final rule would also revise the 

definition of research reactor in §§ 170.3 and 171.5 

to conform to other definitions in 10 CFR chapter 

I. The NRC is not proposing to change the definition 

of Research reactor in the specific exemption for 

federally-owned and State-owned research reactors 

in § 170.11(a)(9) or § 171.11(b)(2). The current 

definition in § 171.11(b)(2) is based on the language 

of OBRA–90. Further, a substantively similar 

definition of research reactor was included in the 

provisions of NEIMA that relate to the NRC’s fee 

recovery structure. Changing the definition of 

research reactor in § 171.11(b)(2) would therefore 

be inconsistent with NEIMA. 

can be found under ADAMS Accession 

No. ML20339A673. Standard use of an 

NRC form and amendments to the 

current regulations in § 15.31 will 

increase efficiency by providing the 

licensees and applicants with clear 

guidelines and expectations for 

submitting a fee dispute. It will also 

eliminate ambiguity regarding the 

appropriate information needed for the 

NRC to consider and make a 

determination on a fee dispute. 

In response to NEIMA’s requirement 

that the NRC modify its regulations to 

provide licensees and applicants an 

opportunity to efficiently dispute or 

otherwise seek review and correction of 

errors in service fee invoices. The NRC 

proposes to revise its regulations in 10 

CFR part 15. Specifically the NRC is 

proposing revisions to § 15.31, 

‘‘Disputed debts,’’ with conforming 

amendments in §§ 15.37, ‘‘Interest, 

penalties, and administrative costs,’’ 

15.53, ‘‘Reasons for suspending 

collection action,’’ and changing 

§ 170.51, ‘‘Right to review and appeal of 

prescribed fees,’’ to ‘‘Right to dispute 

assessed fees.’’ The NRC also proposes 

to add a new regulation, § 171.26, 

‘‘Right to dispute assessed fees,’’ to 10 

CFR part 171. These proposed changes 

outline the interactions between the 

submitter and the NRC. The proposed 

process will enhance understanding of 

the dispute process by setting out the 

process for submitting a fee dispute, the 

stages of the decisionmaking process 

while the dispute is under review, and 

the manner by which the NRC will 

notify a debtor after it makes a final 

determination on a dispute. 

Additionally, the proposed revisions 

provide consistent terminology to 

differentiate fee disputes under 10 CFR 

part 15 from fee exemptions under 10 

CFR parts 170 and 171. 

Assessment of Annual Fees for Future 

10 CFR Part 50 Non-Power Production 

or Utilization Facility Licensees and for 

Small Modular Reactor Licensees 

The NRC proposes to amend 

§ 171.15(a) so that the assessment of 

annual fees commences after future nonpower production or utilization facility 

(NPUF) licensees have successfully 

completed startup testing and have 

provided written notification to the 

NRC. In addition, the NRC is proposing 

to rename the ‘‘research and test 

reactors’’ fee class the ‘‘non-power 

production and utilization facility’’ fee 

class, which would include currently 

operating research and test reactors and 

future NPUFs, such as non-reactor 

NPUF technologies. Finally, the NRC is 

proposing to amend § 171.15(e) so that 

the assessment of annual fees for a small 

modular reactor (SMR) licensee 

commences after the successful 

completion of power ascension testing 

and the licensee provides written 

notification to the NRC. These proposed 

policy changes are consistent with the 

FY 2020 final fee rule that amended the 

timing of the assessment of annual fees 

for future 10 CFR part 50 power reactors 

and 10 CFR part 52 COL holders. 

Currently, § 171.15(a), requires the 

NRC to assess annual fees to a test or 

research reactor (excluding test or 

research reactors exempted under 

§ 171.11(b)) when the NRC authorizes 

the licensee to use nuclear materials 

(i.e., begin operating the reactor in 

accordance with its license). The NRC 

has not established a policy for 

assessing 10 CFR part 171 annual fees 

to future non-reactor NPUF licensees 

(e.g., SHINE Medical Technologies, LLC 

(SHINE)); at this time, the NRC 

currently assesses only 10 CFR part 170 

service fees to prospective applicants for 

preapplication activities, construction 

permit holders (i.e., SHINE and 

Northwest Medical Isotopes, LLC 

(NWMI)) and applicants for operating 

licenses (i.e., SHINE) for commercial 

NPUFs. While the NRC’s fee regulations 

do not have a fee class for future nonreactor NPUF licensees, the NRC 

historically has included budgeted 

resources for NWMI and SHINE within 

the research and test reactor fee class. 

The budgeted resources for NWMI and 

SHINE not recovered in 10 CFR part 170 

service fees previously were included in 

fee-relief. These resources for the 

development of a medical isotope 

production infrastructure are now 

excluded from the fee-recovery 

requirement under NEIMA as a fee-relief 

activity identified by the Commission. 

In anticipation that the NRC could 

issue an operating license in the future, 

the NRC is proposing to assess annual 

fees under § 171.15(a) to non-reactor 

NPUFs when they have notified the 

NRC of the successful completion of 

startup testing. As discussed previously, 

the NRC is also proposing to rename the 

‘‘research and test reactors’’ fee class the 

‘‘non-power production and utilization 

facility’’ fee class to account for new 

NPUF technologies not included in the 

research and test reactors fee class. This 

rule uses the term ‘‘non-power 

production or utilization facility’’ to 

have the same meaning as the definition 

used in SECY–19–0062, ‘‘Final Rule: 

Non-power Production or Utilization 

Facility License Renewal’’ (ADAMS 

Accession No. ML18031A000), dated 

June 17, 2019.4 The definition would 

include production or utilization 

facilities, licensed under § 50.21(a), 

§ 50.21(c), or § 50.22, as applicable, that 

are not nuclear power reactors or 

production facilities within the meaning 

of paragraphs (1) and (2) of § 50.2, 

which defines ‘‘Production facility.’’ 

This definition includes currently 

operating and future research and test 

reactors and proposed medical 

radioisotope facilities that would be 

licensed under 10 CFR part 50. As such, 

non-reactor NPUF licensees, such as 

SHINE, would be included in the same 

annual fee class as currently operating 

research and test reactors that pay 10 

CFR part 171 annual fees. This proposed 

approach is consistent with the current 

approach of combining limited numbers 

of similar facilities into a single annual 

fee category, where ‘‘test reactors’’ (of 

which only one is currently operational) 

are assessed the same 10 CFR part 171 

annual fees as ‘‘research reactors.’’ In 

addition, the NRC expects that NPUF 

facilities will request that a single 

license under 10 CFR part 50 authorize 

the operation of multiple utilization 

and/or production facilities. Based on 

the number of facilities authorized to 

operate under a single license, the 

number of staff hours dedicated to 

licensing and oversight activities for 

these facilities is not expected to differ 

significantly compared to those for the 

current operating fleet of NPUFs. 

Furthermore, stakeholders have 

previously supported this approach 

regarding the assessment of 10 CFR part 

171 annual fees for future NPUFs. 

Therefore, a single annual fee would be 

appropriate even where an NPUF 

licensee has multiple facilities operating 

under a single 10 CFR part 50 license. 

SMR licenses can be issued under 10 

CFR part 50 or 10 CFR part 52. 

Currently, § 171.15, requires the NRC to 

assess annual fees to a 10 CFR part 50 

SMR licensee upon issuance of an 

operating license, or to a 10 CFR part 52 

SMR COL holder after the Commission 

has made the finding under § 52.103(g) 

for all licenses held for an SMR site. The 

annual fee would be determined using 

the cumulative licensed thermal power 

rating of all SMR units and the bundled 

unit concept. For a given site, the use 

of the bundled unit concept is 


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10474 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

independent of the number of SMR 

plants, the number of SMR licenses 

issued, and the sequencing of the SMR 

licenses that have been issued. There 

are currently no operating SMRs; 

therefore, the NRC has not yet assessed 

an annual fee for this type of licensee. 

The NRC recognizes that, after the 

issuance of an operating license under 

10 CFR part 50 for NPUFs and SMRs, or 

a COL and § 52.103(g) finding under 10 

CFR part 52 for SMRs, fuel or targets (or 

both) must be loaded and startup testing 

(for NPUFs) and power ascension 

testing (for SMRs) must be completed 

before the facility begins full licensed 

operation. As discussed in the statement 

of considerations for the FY 2020 final 

fee rule, 10 CFR part 52 COLs for power 

reactors contain a standard license 

condition that requires the submittal of 

written notification to the NRC upon 

successful completion of power 

ascension testing. Therefore, the NRC 

proposes to incorporate a similar license 

condition into all future 10 CFR part 50 

operating licenses for NPUFs and SMRs, 

and 10 CFR part 52 COLs for SMRs to 

ensure that the licensee will promptly 

notify the NRC of the successful 

completion of startup testing or power 

ascension testing. The proposed annual 

fee assessment for future NPUFs and 

SMR licenses under 10 CFR part 50, and 

SMRs under 10 CFR part 52, would 

begin on the date of the licensee’s 

written notification of the successful 

completion of startup testing or power 

ascension testing. 

Accordingly, the NRC proposes to 

amend § 171.15(a) and § 171.15(e) so 

that annual fees commence upon 

written notification to the NRC of 

successful completion of startup testing 

and power ascension testing, rather than 

upon issuance of the operating license 

for 10 CFR part 50 NPUFs and SMRs, or 

issuance of the § 52.103(g) finding for 10 

CFR part 52 COL holders for SMRs, but 

upon written notification to the NRC of 

successful completion of startup testing 

and/or power ascension testing. The 

NRC finds this proposed change to 10 

CFR part 171 to be reasonable, fair, and 

equitable, and to be supported by the 

public comments the NRC received on 

PRM–171–1 and on the FY 2020 

proposed rule. The NRC also proposes 

conforming changes to revise § 170.3, 

‘‘Definitions,’’ § 171.3, ‘‘Scope,’’ § 171.5, 

‘‘Definitions,’’ and § 171.17, 

‘‘Proration.’’ 

FY 2021—Administrative Changes 

The NRC proposes to make six 

administrative changes: 

1. Change Small Entity Fees 

As stated in SECY–08–0174, ‘‘Fiscal 

Year 2009 Proposed Fee Rule and 

Advance Rulemaking for GridAppropriate Reactor Fees,’’ dated 

November 7, 2008 (ADAMS Accession 

No. ML083120518), the NRC 

determined that the maximum small 

entity fee should be adjusted biennially 

using a fixed percentage of 39 percent 

applied to the prior 2-year weighted 

average of materials users’ fees for all 

fee categories which have small entity 

licensees. The 39 percent was based on 

the small entity annual fee for 2005, 

which was the first year the NRC was 

required to recover only 90 percent of 

its budget authority. This methodology 

remains in place; however, the NRC 

does also consider whether or not 

implementing an increase will have a 

disproportionate impact on the NRC’s 

small licensees when compared to other 

licensees. Therefore, the increase for the 

upper and lower tier fees were capped 

at a 21 percent increase. 

For the FY 2021 proposed fee rule, the 

NRC conducted a biennial review 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 and as a result of the FY 

2021 biennial review, the NRC is now 

proposing to increase the upper tier 

small entity fee from $4,500 to $4,900 

and increase the lower tier fee from 

$900 to $1,000. 

This would constitute a 9 percent and 

11 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. 

2. Amend § 170.1, ‘‘Purpose,’’ To 

Change the Reference to the 

Independent Offices Appropriation Act, 

1952 

The NRC proposes to amend § 170.1 

to replace the ‘‘of’’ after Independent 

Offices Appropriation Act with a 

comma to make the reference to the 

legislation consistent with references in 

other NRC contexts. 

3. Amend § 170.3, ‘‘Definitions,’’ To 

Eliminate Definitions for ‘‘Balance of 

Plants,’’ ‘‘Nuclear Steam Supply 

System,’’ and ‘‘Reference Systems 

Concept’’ 

The NRC proposes to amend § 170.3 

to eliminate definitions for ‘‘Balance of 

plants,’’ ‘‘Nuclear Steam Supply 

System,’’ and ‘‘Reference systems 

concept.’’ These definitions are no 

longer applicable in 10 CFR part 170. 

These definitions were added in the FY 

1977 final fee rule (43 FR 7210; March 

23, 1978) to resolve issues concerning 

assessing fees for balance of plant 

reviews, related to a previous fee 

category (category A.4.b in the table at 

§ 170.21 for standardized designreference systems concept), that was not 

subject to full cost recovery. In the FY 

1991 final fee rule, the NRC amended 10 

CFR parts 52 and 170 to assess licensing 

fees for the review of standardized 

reactor designs, which would be subject 

to full cost recovery (56 FR 31472; July 

10, 1991). This proposed amendment to 

eliminate these definitions will not 

impact the NRC’s assessment of 10 CFR 

part 170 fees for service. 

4. Remove Footnote 6 to the Table in 

§ 170.21, and Footnote 12 to the Table 

in § 170.31 

The NRC proposes to remove footnote 

6 to the table in § 170.21 and footnote 

12 to the table in § 170.31 because (1) 

Congress has not enacted legislation that 

would exclude import and export 

activities from the fee-recoverable 

budget in FY 2021; and (2) in 

accordance with NEIMA, for FY 2021, 

the NRC identified international 

activities as fee-relief activities, but it 

did not include resources for import and 

export licensing. The NRC is therefore 

proposing to charge fees for import and 

export licensing actions. 

5. Amend § 171.5, ‘‘Definitions,’’ To 

Replace the Reference in ‘‘Budget 

Authority’’ 

The NRC proposes to amend the 

definition of ‘‘budget authority’’ to 

replace the reference to Public Law 101– 

508 (i.e., OBRA–90) with a reference to 

Public Law 115–439 (i.e., NEIMA). 

Effective October 1, 2020, NEIMA 

repealed Section 6101 of OBRA–90 and 

put in place a revised fee recovery 

framework, requiring the NRC to 

recover, to the maximum extent 

practicable, approximately 100 percent 

of its annual budget, less the budget 

authority for excluded activities. 

6. Amend § 171.11(c), ‘‘Exemptions’’ 

The NRC proposes to revise 

§ 171.11(c) to change the ‘‘or’’ in the 

section to ‘‘and.’’ This proposed change 

would accurately reflect that even when 

an exemption is ‘‘in the public interest,’’ 

the NRC cannot grant the exemption 

unless it is ‘‘authorized by law.’’ This 

proposed change would also harmonize 

§ 171.11(c) with § 170.11(b), which uses 


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5 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). 

‘‘and.’’ This proposed change would not 

alter the NRC’s fee exemption policy. 

Update on the Fees Transformation 

Initiative 

In the Staff Requirements 

Memorandum, dated October 19, 2016, 

(ADAMS Accession No. ML16293A902) 

for SECY–16–0097, ‘‘Fee Setting 

Improvements and Fiscal Year 2017 

Proposed Fee Rule,’’ (ADAMS 

Accession No. ML16194A365), the 

Commission directed the staff to 

accelerate its process improvements for 

setting fees, including the transition to 

an eBilling system. In addition, the 

Commission directed the staff to begin 

the fees transformation activities listed 

in SECY–16–0097 as ‘‘Process Changes 

Recommended for Future 

Consideration—FY 2018 and Beyond.’’ 

The NRC has completed 39 of the 40 

fees transformation activities, including 

the full implementation of an electronic 

billing system. 

In October 2019, the agency released 

its eBilling system. This public facing, 

web-based application provides 

licensees with immediate delivery of 

NRC invoices, customizable email 

notifications, capability to view and 

analyze invoice details, and access to 

the U.S. Department of the Treasury 

systems to pay invoices. The eBilling 

application provides licensees greater 

transparency and has increased 

applicant and licensee confidence in the 

assessed fees and charges. Since the 

NRC released the eBilling application, 

341 licensees have been enrolled and 

764 dockets are now available in the 

application. 

The one fees transformation activity 

yet be to completed is the rulemaking to 

update the NRC’s small business size 

standards in § 2.810, ‘‘NRC size 

standards.’’ In FY 2020, the NRC 

conducted a survey of materials 

licensees to collect relevant data to help 

determine the need for changes to the 

NRC’s small business size standards in 

§ 2.810. In addition, the NRC considered 

changes in the small business size 

standards published by the Small 

Business Administration. On December 

7, 2020, the staff submitted SECY–20– 

0111, ‘‘Rulemaking Plan to Amend the 

Receipts-Based NRC Size Standards,’’ to 

the Commission (ADAMS Accession 

No. ML20268B327) with the staff’s 

recommendations for amending the 

NRC’s receipts-based size standards. 

The NRC will continue to include 

updates on this rulemaking activity 

within the FY 2021 and FY 2022 fee 

rules to ensure that affected licensees 

are adequately informed. The public can 

track all NRC rulemaking activities, 

including the rulemaking on the NRC’s 

size standards, on the NRC’s 

Rulemaking Tracking and Reporting 

system at https://www.nrc.gov/readingrm/doc-collections/rulemakingruleforum/active/RuleIndex.html, or by 

Docket ID NRC–2014–0264 at http://

www.regulations.gov. 

For more information, see the fees 

transformation accomplishments 

schedule, located on the NRC’s license 

fees web page at: https://www.nrc.gov/ 

about-nrc/regulatory/licensing/feestransformation-accomplishments.html. 

IV. Regulatory Flexibility Certification 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),5 the NRC has prepared a 

regulatory flexibility analysis related to 

this proposed rule. The regulatory 

flexibility analysis is available as 

indicated in Section XIII Availability of 

Documents, of this document. 

V. Regulatory Analysis 

Under NEIMA, the NRC is required to 

recover, to the maximum extent 

practicable, approximately 100 percent 

of its annual budget for FY 2021 less the 

budget authority for excluded activities. 

The NRC established fee methodology 

guidelines for 10 CFR part 170 in 1978, 

and established additional fee 

methodology guidelines for 10 CFR part 

171 in 1986. In subsequent rulemakings, 

the NRC has adjusted its fees without 

changing the underlying principles of 

its fee policy to ensure that the NRC 

continues to comply with the statutory 

requirements for cost recovery. 

In this proposed rule, the NRC 

continues this longstanding approach. 

Therefore, the NRC did not identify any 

alternatives to the current fee structure 

guidelines and did not prepare a 

regulatory analysis for this proposed 

rule. 

VI. 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 because these 

amendments do not require the 

modification of, or addition to, (1) 

systems, structures, components, or the 

design of a facility; (2) the design 

approval or manufacturing license for a 

facility; or (3) the procedures or 

organization required to design, 

construct, or operate a facility. 

VII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC wrote 

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 

clarity and effectiveness of the language 

used in this proposed rule. 

VIII. National Environmental Policy 

Act 

The NRC has determined that this 

proposed rule is the type of action 

described in 10 CFR 51.22(c)(1). 

Therefore, neither an environmental 

impact statement nor environmental 

assessment has been prepared for this 

proposed rule. 

IX. 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 

Act. In accordance with 5 CFR 

1320.4(a)(2), NRC Forms 527 and 529 

are also not subject to the requirements 

of the Paperwork Reduction Act. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

X. 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, to the maximum 

extent practicable, approximately 100 

percent of its annual budget for FY 2021 

less the budget authority for excluded 

activities, as required by NEIMA. This 

action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

XI. 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. 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10476 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

604 to prepare a regulatory flexibility 

analysis. The NRC, in compliance with 

the law, prepared the ‘‘Small Entity 

Compliance Guide’’ for the FY 2021 

proposed fee rule. The compliance 

guide was developed when the NRC 

completed the small entity biennial 

review for FY 2021. This compliance 

guide is available as indicated in 

Section XII, Availability of Documents, 

of this document. 

XII. Public Meeting 

The NRC will conduct a public 

meeting to describe the FY 2021 

proposed rule and answer questions 

from the public on the 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 10 calendar days of the 

meeting. Stakeholders should monitor 

the NRC’s public meeting website for 

information about the public meeting at: 

http://www.nrc.gov/public-involve/ 

public-meetings/index.cfm. 

XIII. 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. 

Documents ADAMS Accession No./web link 

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

15, 2005.

ML052580332. 

SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 

Proposed Fee Rule,’’ dated August 15, 2016.

ML16194A365. 

Staff Requirements Memorandum for SECY–16–0097, dated October 

19, 2016.

ML16293A902. 

NUREG–1100, Volume 36, ‘‘Congressional Budget Justification: Fiscal 

Year 2021’’ (February 2020).

ML20024D764. 

Process map, ‘‘NRC Form 527, Request for Information Related to 

Fees-for-Service’’.

ML20104C055. 

Process map, ‘‘NRC Form 529, Processing Dispute of Fees-For-Service Charges’’.ML20311A159. 

NRC Form 529, ‘‘Dispute of Fees-For-Service Charges in Accordance 

with Title 10 of the Code of Federal Regulations (10 CFR) Processing Dispute of Fees-For-Service Charges § 170.51’’.

ML20339A673. 

FY 2021 Proposed Rule Work Papers ..................................................... ML20346A173. 

FY 2021 Proposed Fee Rule ................................................................... ML20317A090. 

FY 2021 Regulatory Flexibility Analysis ................................................... ML20321A229. 

FY 2021 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide.ML20318A107. 

SECY–19–0062, ‘‘Final Rule: Non-Power Production or Utilization Facility License Renewal,’’ dated June 17, 2019.ML18031A000. 

SECY–20–0111, ‘‘Rulemaking Plan to Amend the Receipts-Based NRC 

Size Standards,’’ dated December 7, 2020.

ML20268B327. 

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

Annual Fees Imposed under 10 CFR Part 171’’.

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

OMB Circular A–25, ‘‘User Charges’’ ....................................................... https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/ 

OMB/circulars/a025/a025.html. 

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

List of Subjects 

10 CFR Part 15 

Administrative practice and 

procedure, Claims, Debt collection. 

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 

15, 170, and 171: 

PART 15—DEBT COLLECTION 

PROCEDURES 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 161, 186 (42 U.S.C. 2201, 2236); Energy 

Reorganization Act of 1974, sec. 201 (42 

U.S.C. 5841); 5 U.S.C. 5514; 26 U.S.C. 6402; 

31 U.S.C. 3701, 3713, 3716, 3719, 3720A; 42 

U.S.C. 664; 44 U.S.C. 3504 note; 31 CFR parts 

900 through 904; 31 CFR part 285; E.O. 

12146, 44 FR 42657, 3 CFR, 1979 Comp., p. 

409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 

Comp., p. 157. 

■ 2. Revise § 15.31 to read as follows: 

§ 15.31 Disputed debts. 

(a) Submitting a dispute of debt. For 

any type of charges assessed by the 

NRC, a debtor may submit a dispute of 

debt within 45 days from the date of the 

initial demand letter. The debtor shall 

explain why the debt is incorrect in fact 

or in law and may support the 

explanation by affidavit, cancelled 

checks, or other relevant evidence. The 

dispute must be submitted to the Office 

of the Chief Financial Officer via the 

eBilling system, by email to 

FeeBillingInquiries.Resource@nrc.gov, 

or by mail to the Office of the Chief 

Financial Officer at: U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Attn: Chief Financial 

Officer. For debt disputes related to 

charges for 10 CFR part 170 fees, the 

debtor must complete and submit an 

NRC Form 529 with the required 

information. 

(b) Notification of receipt. Following 

receipt of the dispute, the NRC will 

acknowledge receipt to the contact 

person identified by the debtor. 


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(c) Dispute review. The NRC will 

consider the facts involved in the 

dispute and, if it considers it necessary, 

arrange for a conference during which 

the debtor may present evidence and 

any arguments in support of the debtor’s 

position. If the debtor’s dispute 

potentially raises an error, the NRC may 

extend the interest waiver period as 

described in § 15.37(j) pending a final 

determination of the existence or 

amount of the debt. 

(d) Dispute resolution. If the NRC 

finds that the dispute has not identified 

an error, the NRC will notify the dispute 

contact. If the NRC finds that the 

dispute has identified an error, the NRC 

will: 

(1) Notify the dispute contact; 

(2) Make corrections to the charges or 

information on the demand letter; and 

(3) Issue a revised demand letter. 

■ 3. In § 15.37, revise paragraph (j) to 

read as follows: 

§ 15.37 Interest, penalties, and 

administrative costs. 

* * * * * 

(j) The NRC may waive interest during 

the period a debt disputed under 

§ 15.31 is under consideration by the NRC. 

However, this additional waiver is not 

automatic and must be requested before 

the expiration of the initial 30-day waiver 

period. The NRC may grant the additional 

waiver only when it finds the debtor’s 

dispute potentially raises an error. 

* * * * * 

■ 4. In § 15.53, revise paragraphs (c) and 

(e) to read as follows: 

§ 15.53 Reasons for suspending collection 

action. 

* * * * * 

(c) The debtor has requested a review 

of the debt or has disputed the debt. 

* * * * * 

(e)(1) The NRC shall suspend 

collection activity during the time 

required for consideration of the 

debtor’s request for review or dispute of 

the debt, if the statute under which the 

request is sought prohibits the NRC 

from collecting the debt during that 

time. 

(2) If the statute under which the 

request is sought does not prohibit 

collection activity pending 

consideration of the request, the NRC 

may use discretion, on a case-by-case 

basis, to suspend collection. Further, the 

NRC ordinarily should suspend 

collection action upon a request for 

review or dispute of the debt, if the NRC 

is prohibited by statute or regulation 

from issuing a refund of amounts 

collected prior to NRC consideration of 

the debtor’s request. However, the NRC 

should not suspend collection when the 

NRC determines that the request for 

review or dispute of the debt is frivolous 

or was made primarily to delay 

collection. 

* * * * * 

PART 170—FEES FOR FACILITIES, 

MATERIALS, IMPORT AND EXPORT 

LICENSES, AND OTHER 

REGULATORY SERVICES UNDER THE 

ATOMIC ENERGY ACT OF 1954, AS 

AMENDED 

■ 5. The authority citation for part 170 

is revised to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

Energy Reorganization Act of 1974, sec. 201 

(42 U.S.C. 5841); 42 U.S.C. 2215; 31 U.S.C. 

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

■ 6. Revise § 170.1 to read as follows: 

§ 170.1 Purpose. 

The regulations in this part set out 

fees charged for licensing services, 

inspection services, and special projects 

rendered by the Nuclear Regulatory 

Commission as authorized under title V 

of the Independent Offices 

Appropriation Act, 1952 (31 U.S.C. 

9701(a)). 

■ 7. In § 170.3: 

■ a. Remove the defition of ‘‘Balance of 

plants’’; 

■ b. Add a definition for ‘‘Non-power 

production or utilization facility’’ in 

alphabetical order; and 

■ c. Remove the definitions of ‘‘Nuclear 

Steam Supply System’’ and ‘‘Reference 

systems concept’’. 

The addition reads as follows: 

§ 170.3 Definitions. 

* * * * * 

Non-power production or utilization 

facility means a production or 

utilization facilities licensed under 10 

CFR 50.21(a) or (c), or 10 CFR 50.22, as 

applicable, that is not a nuclear power 

reactor or production facility as defined 

under paragraphs (1) and (2) of the 

definition of ‘‘production facility’’ in 10 

CFR 50.2. 

* * * * * 

§ 170.20 [Amended] 

■ 8. In § 170.20, remove the dollar 

amount ‘‘$279’’ and add in its place the 

dollar amount ‘‘$288’’. 

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

table heading and the entry for ‘‘K. 

Import and export licenses’’ and remove 

footnote 6. 

The revision reads 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. 

* * * * * 

TABLE 1 TO § 170.21—SCHEDULE OF FACILITY FEES

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

*******

K. Import and export licenses: 

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

or utilization facilities issued under 10 CFR part 110. 

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

110.40(b). 

Application—new license, or amendment; or license exemption request ..................................................................... $20,200 

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

Application—new license, or amendment; or license exemption request ..................................................................... 4,300 

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

assurances. 

Application—new license, or amendment; or license exemption request ..................................................................... 14,400 

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

or obtaining foreign government assurances. 

Application—new license, or amendment; or license exemption request ..................................................................... 4,900 


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TABLE 1 TO § 170.21—SCHEDULE OF FACILITY FEES—Continued 

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

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. 

Minor amendment to license .......................................................................................................................................... 4,300 

1Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under title 10 of the Code of 

Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other sections in effect now or in the future, regardless of whether the approval 

is in the form of a license amendment, letter of approval, safety evaluation report, or other form. 2Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications 

currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the 

review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided. 3 Inspections covered by this schedule are both routine and non-routine safety and safeguards inspections performed by NRC for the purpose 

of review or follow-up of a licensed program. Inspections are performed through the full term of the license to ensure that the authorized activities 

are being conducted in accordance with the Atomic Energy Act of 1954, as amended, other legislation, Commission regulations or orders, and 

the terms and conditions of the license. Non-routine inspections that result from third-party allegations will not be subject to fees. 4 Imports only of major components for end-use at NRC-licensed reactors are authorized under NRC general import license in 10 CFR 110.27. 

5Full cost fees will be assessed once NRC work on a Touhy request exceeds 50 hours, in accordance with § 170.12(d). 

■ 10. 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. 

* * * * * 

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

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

1. Special nuclear material; 11

A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities. 

(a) Strategic Special Nuclear 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].

$2,700. 

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. 


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TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

(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] ............................................................................................................................... $1,300. 

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

this chapter. 

Application [Program Code(s): 11240] ............................................................................................................................... $6,200. 

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

Application [Program Code(s): 11230, 11231] ................................................................................................................... $2,900. 

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

Application [Program Code(s): 11710] ............................................................................................................................... $2,700. 

F. All other source material licenses. 

Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ...................................................... $2,700. 

3. Byproduct material: 11

A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this 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] ...................................................................................................... $13,500. 

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

chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number 

of locations of use: 6–20. 

Application [Program Code(s): 04010, 04012, 04014] ............................................................................................... $17,900. 

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

chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number 

of locations of use: More than 20. 

Application [Program Code(s): 04011, 04013, 04015] ............................................................................................... $22,400. 

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

manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. 

Application [Program Code(s): 03214, 03215, 22135, 22162] .......................................................................................... $3,700. 

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

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

20. 

Application [Program Code(s): 04110, 04112, 04114, 04116] ................................................................................... $5,000. 

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

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

more than 20. 

Application [Program Code(s): 04111, 04113, 04115, 04117] ................................................................................... $6,200. 

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and 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] ...................................................................................................... $5,400. 

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

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices 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] ............................................................................................... $7,200. 

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

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices 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] ............................................................................................... $8,900. 

D. [Reserved] N/A. 

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

source is not removed from its shield (self-shielded units). 

Application [Program Code(s): 03510, 03520] ................................................................................................................... $3,300. 

F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct material in sealed sources for 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] ............................................................................................................................... $6,700. 

G. Licenses for possession and use of greater than 10,000 curies of byproduct material in sealed sources for irradiation 

of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators 

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

Application [Program Code(s): 03521] ............................................................................................................................... $64,300. 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10480 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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] ...................................................................................................... $6,900. 

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

of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 

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

authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. 

Application [Program Code(s): 03250, 03251, 03252, 03253, 03256] .............................................................................. $15,300. 

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

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

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

Application [Program Code(s): 03240, 03241, 03243] ...................................................................................................... $2,100. 

K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or 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] ................................................................................................................... $1,200. 

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

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

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ...................................................... $5,700. 

(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] .............................................. $7,500. 

(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] .............................................. $9,400. 

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

N. Licenses that authorize services for other licensees, except: 

(1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and 

(2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4.A., 4.B., and 

4.C. 

Application [Program Code(s): 03219, 03225, 03226] ............................................................................................... $9,200. 

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

operations. Number of locations of use: 1–5. 

Application [Program Code(s): 03310, 03320] ................................................................................................................... $9,200. 

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

Application [Program Code(s): 04310, 04312] ........................................................................................................... $12,200. 

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

Application [Program Code(s): 04311, 04313] ........................................................................................................... $15,300. 

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

use: 1–5. 

Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, 03221, 

03222, 03800, 03810, 22130].

$6,600. 

(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].

$8,800. 

(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].

$10,900. 

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

Registration ........................................................................................................................................................................ $800. 

R. Possession of items or products containing radium-226 identified in 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] ........................................................................................................................ $2,600. 

S. Licenses for production of accelerator-produced radionuclides. 

Application [Program Code(s): 03210] ............................................................................................................................... $14,700. 


tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10481 

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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] ............................................................................................................................... $7,200. 

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] ............................................................................................................................... $5,200. 

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] ...................................................................................................... $4,800. 

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

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

6. Nuclear laundries: 11

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

Application [Program Code(s): 03218] ............................................................................................................................... $22,900. 

7. Medical licenses: 11

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

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

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

Application [Program Code(s): 02300, 02310] ................................................................................................................... $11,500. 

(1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source 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] ........................................................................................................... $15,300. 

(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] ........................................................................................................... $19,100. 

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

this chapter authorizing research and development, including human use of byproduct material, except licenses for 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] ............................................................................................................................... $9,000. 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except 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] ........................................................................................................................ $11,900. 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except 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] ........................................................................................................................ $14,900. 

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] ................. $10,900. 

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

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

material in sealed sources contained in teletherapy devices.10 Number of locations of use: 6–20. 

Application [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] .......... $9,000. 

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

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

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

Application [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] .......... $11,300. 

8. Civil defense: 11


tkelley on DSKBCP9HB2PROD with PROPOSALS
10482 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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 ................................................................................................................................................... $17,900. 

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

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

devices. 

Application—each device ................................................................................................................................................... $9,300. 

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

reactor fuel, for commercial distribution. 

Application—each source ................................................................................................................................................... $5,500. 

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

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

10. Transportation of radioactive material: 

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

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

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

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

1. Users and Fabricators. 

Application ................................................................................................................................................................... $4,300. 

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

2. Users. 

Application ................................................................................................................................................................... $4,300. 

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

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, 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: 

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 .................................................................. $20,200. 

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

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

requires the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection Agency, etc.). 

Application—new license, or amendment; or license exemption request .................................................................. $4,300. 

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 .................................................................. $14,400. 

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 .................................................................. $4,900. 

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 ....................................................................................................................................................... $4,900. 

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: 


tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10483 

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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 ......................................................................... $17,300. 

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 ......................................................................... $8,600. 

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

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

Application—new license, or amendment; or license exemption request ......................................................................... $4,900. 

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

export license. 

Application—new license, or amendment; or license exemption request ......................................................................... $1,400. 

Category 2 (Appendix P, 10 CFR Part 110) Exports: 

J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance 

review under 10 CFR 110.42(e)(4)). 

Application—new license, or amendment; or license exemption request ......................................................................... $17,300. 

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

Application—new license, or amendment; or license exemption request ......................................................................... $8,600. 

L. Application for the export of Category 2 materials. 

Application—new license, or amendment; or license exemption request ......................................................................... $2,900. 

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 .............................................................................................................................................................. $1,400. 

16. Reciprocity: 

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

Application .......................................................................................................................................................................... $2,700. 

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

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

18. Department of Energy. 

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

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 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.) 


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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. 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. 

■ 11. Revise § 170.51 to read as follows: 

§ 170.51 Right to dispute assessed fees. 

All debtors’ disputes of fees assessed 

must be submitted in accordance with 

10 CFR 15.31, ‘‘Disputed Debts.’’ 

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 

■ 12. The authority citation for part 171 

is revised to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

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

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

U.S.C. 2215; 44 U.S.C. 3504 note. 

■ 13. Revise § 171.3 to read as follows: 

§ 171.3 Scope. 

The regulations in this part apply to 

any person holding an operating license 

for a non-power production or 

utilization facility issued under part 50 

of this chapter that has provided 

notification to the NRC that the licensee 

has successfully completed startup 

testing, and to any person holding an 

operating license for a power reactor or 

small modular reactor licensed under 10 

CFR part 50 or a combined license 

issued under 10 CFR part 52 that has 

provided notification to the NRC that 

the licensee has successfully completed 

power ascension testing. The 

regulations in this part also apply to any 

person holding a materials license as 

defined in this part, a Certificate of 

Compliance, a sealed source or device 

registration, a quality assurance program 

approval, and to a Government agency 

as defined in this part. Notwithstanding 

the other provisions in this section, the 

regulations in this part do not apply to 

uranium recovery and fuel facility 

licensees until after the Commission 

verifies through inspection that the 

facility has been constructed in 

accordance with the requirements of the 

license. 

■ 14. In § 171.5, revise the definition of 

‘‘Budget authority’’ and add a definition 

for ‘‘Non-power production or 

utilization facility’’ in alphabetical order 

to read as follows: 

§ 171.5 Definitions. 

* * * * * 

Budget authority means the authority, 

in the form of appropriations, provided 

by law and becoming available during 

the year, to enter into obligations that 

will result in immediate or future 

outlays involving Federal Government 

funds. The appropriation is an 

authorization by an Act of Congress that 

permits the NRC to incur obligations 

and to make payments out of the 

Treasury for specified purposes. Fees 

assessed pursuant to Public Law 115– 

439 are based on NRC budget authority. 

* * * * * 

Non-power production or utilization 

facility means a production or 

utilization facility licensed under 10 

CFR 50.21(a) or (c), or 10 CFR 50.22, as 

applicable, that is not a nuclear power 

reactor or production facility as defined 

under paragraphs (1) and (2) of the 

definition of ‘‘production facility’’ in 10 

CFR 50.2. 

* * * * * 

■ 15. In § 171.11, revise paragraph (c) to 

read as follows: 

§ 171.11 Exemptions. 

* * * * * 

(c) The Commission may, upon 

application by an interested person or 

on its own initiative, grant an 

exemption from the requirements of this 

part that it determines is authorized by 

law and otherwise in the public interest. 

* * * * * 

■ 16. In § 171.15: 

■ a. Revise the section heading; 

■ b. Revise paragraphs (a), (b)(1), (b)(2) 

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

introductory text; 

■ c. Remove paragraph (d); 

■ d. Redesignate paragraphs (e) and (f) 

as paragraphs (d) and (e); and 

■ e. Revise newly designated paragraphs 

(d) and (e). 

The revisisons read as follows: 

§ 171.15 Annual fees: Non-power 

production or utilization licenses, reactor 

licenses, and independent spent fuel 

storage licenses. 

(a) Each person holding an operating 

license for one or more non-power 

production or utilization facilities under 

10 CFR part 50 that has provided 

notification to the NRC of the successful 

completion of startup testing; each 

person holding an operating license for 

a power reactor licensed under 10 CFR 

part 50 or a combined license under 10 

CFR part 52 that has provided 

notification to the NRC of the successful 

completion of power ascension testing; 

each person holding a 10 CFR part 50 

or 10 CFR part 52 power reactor license 

that is in decommissioning or 

possession only status, except those that 

have no spent fuel onsite; and each 

person holding a 10 CFR part 72 license 

who does not hold a 10 CFR part 50 or 

10 CFR part 52 license and provides 

notification in accordance with 10 CFR 

72.80(g), shall pay the annual fee for 

each license held during the Federal 

fiscal year in which the fee is due. This 

paragraph (a) does not apply to test or 

research reactors exempted under 

§ 171.11(b). 

(b)(1) The FY 2021 annual fee for each 

operating power reactor that must be 

collected by September 30, 2021, is 

$4,804,000. 

(2) The FY 2021 annual fees are 

comprised of a base annual fee for 

power reactors licensed to operate, a 

base spent fuel storage/reactor 

decommissioning annual fee, and 

associated additional charges. The 

activities comprising the spent fuel 

storage/reactor decommissioning base 

annual fee are shown in paragraphs 

(c)(2)(i) and (ii) of this section. The 

activities comprising the FY 2021 base 

annual fee for operating power reactors 

are as follows: 

* * * * * 

(c)(1) The FY 2021 annual fee for each 

power reactor holding a 10 CFR part 50 


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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10485 

license or combined license issued 

under 10 CFR part 52 that is in a 

decommissioning or possession-only 

status and has spent fuel onsite, and for 

each independent spent fuel storage 10 

CFR part 72 licensee who does not hold 

a 10 CFR part 50 license or a 10 CFR 

part 52 combined license, is $246,000. 

(2) The FY 2021 annual fee is 

comprised of a base spent fuel storage/ 

reactor decommissioning annual fee 

(which is also included in the operating 

power reactor annual fee shown in 

paragraph (b) of this section). The 

activities comprising the FY 2021 spent 

fuel storage/reactor decommissioning 

rebaselined annual fee are: 

* * * * * 

(d)(1) Each person holding an 

operating license for an SMR issued 

under 10 CFR part 50 or a combined 

license issued under 10 CFR part 52 that 

has provided notification to the NRC of 

the successful completion startup 

testing, shall pay the annual fee for all 

licenses held for an SMR site. The 

annual fee will be determined using the 

cumulative licensed thermal power 

rating of all SMR units and the bundled 

unit concept, during the fiscal year in 

which the fee is due. For a given site, 

the use of the bundled unit concept is 

independent of the number of SMR 

plants, the number of SMR licenses 

issued, or the sequencing of the SMR 

licenses that have been issued. 

(2) The annual fees for a small 

modular reactor(s) located on a single 

site to be collected by September 30 of 

each year, are as follows: 

TABLE 1 TO PARAGRAPH (d)(2) 

Bundled unit thermal power rating Minimum fee Variable fee Maximum fee 

First Bundled Unit: 

0 MWt ≤250 MWt ................................................................................................................. TBD N/A N/A 

>250 MWt ≤2,000 MWt ........................................................................................................ TBD TBD N/A 

>2,000 MWt ≤4,500 MWt ..................................................................................................... N/A N/A TBD 

Additional Bundled Units: 

0 MWt ≤2,000 MWt .............................................................................................................. N/A TBD N/A 

>2,000 MWt ≤4,500 MWt ..................................................................................................... N/A N/A TBD 

(3) The annual fee for an SMR 

collected under this paragraph (d) is in 

lieu of any fee otherwise required under 

paragraph (b) of this section. The annual 

fee under this paragraph (d) covers the 

same activities listed for power reactor 

base annual fee and spent fuel storage/ 

reactor decommissioning reactor fee. 

(e) The FY 2021 annual fee for 

licensees authorized to operate one or 

more non-power production or 

utilization facilities under a single 10 

CFR part 50 license, unless the reactor 

is exempted from fees under § 171.11(b), 

is $78,700. 

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

and (d) and remove paragraph (e). 

The revisions 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 table 1 to 

paragraph (c). 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: 

TABLE 1 TO PARAGRAPH (c) 

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 .................................................................................................................................................................. $4,900 

Less than $485,000 ...................................................................................................................................................................... 1,000 

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

$485,000 to $7 million .................................................................................................................................................................. 4,900 

Less than $485,000 ...................................................................................................................................................................... 1,000 

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

35 to 500 employees ............................................................................................................................................................. 4,900 

Fewer than 35 employees ............................................................................................................................................................ 1,000 

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

20,000 to 49,999 .......................................................................................................................................................................... 4,900 

Fewer than 20,000 ....................................................................................................................................................................... 1,000 

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

35 to 500 employees .................................................................................................................................................................... 4,900 

Fewer than 35 employees ............................................................................................................................................................ 1,000 

(d) The FY 2021 annual fees for 

materials licensees and holders of 

certificates, registrations, or approvals 

subject to fees under this section are 

shown table 2 to paragraph (d): 


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10486 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

TABLE 2 TO PARAGRAPH (d)—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): 21213] ................................... $4,835,000 

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

21210] ......................................................................................................................................................................... 1,639,000 

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

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

(b) Gas centrifuge enrichment demonstration facility 15 [Program Code(s): 21205] ..................................................... N/A 

(c) Others, including hot cell facility 15 [Program Code(s): 21130, 21133] .................................................................... N/A 

B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an 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] ............................................................................................................................................. 2,400 

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] ...................................................................................................................................... 5,700 

E. Licenses or certificates for the operation of a uranium enrichment facility 15 [Program Code(s): 21200] .............................. 2,107,000 

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

chapter, for development and testing of commercial products, and other non-fuel cycle activities.4 [Program Code: 22155] 4,300 

2. Source material: 

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] ............ 486,000 

(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] ................................................................................ 45,900 

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

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

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

(f) Other facilities.6 [Program Code(s): 11700] .............................................................................................................. 5 N/A 

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

from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or 

Category 2.A.(4).15 [Program Code(s): 11600, 12000] ..................................................................................................... 5 N/A 

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

from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by 

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

12010] ................................................................................................................................................................................ N/A 

B. Licenses which authorize the possession, use, and/or installation of source material for shielding.16 17 Application [Program Code(s): 11210] ............................................................................................................................................................... 2,700 

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

this chapter. [Program Code: 11240] ....................................................................................................................................... 8,900 

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

11230 and 11231] ..................................................................................................................................................................... 5,100 

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

source material for commercial distribution. [Program Code: 11710] ...................................................................................... 6,300 

F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ...................... 8,500 

3. Byproduct material: 

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

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

use: 1–5. [Program Code(s): 03211, 03212, 03213] ................................................................................................................ 27,200 

(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] ............................................................................... 36,200 

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

chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number 

of locations of use: More than 20. [Program Code(s): 04011, 04013, 04015] ................................................................. 45,200 

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] .................................................................................................................................... 9,500 

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

manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. 

[Program Code(s): 04110, 04112, 04114, 04116] ............................................................................................................ 12,700 


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TABLE 2 TO PARAGRAPH (d)—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

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

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

than 20. [Program Code(s): 04111, 04113, 04115, 04117] .............................................................................................. 15,700 

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] ....... 9,000 

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

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing 

byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6–20. [Program Code(s): 

04210, 04212, 04214] ........................................................................................................................................................ 11,900 

(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. [Program Code(s): 04211, 

04213, 04215] ........................................................................................................................................................................... 16,100 

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

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

is not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520] .......................................................... 9,900 

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] ....................................................................................................................................................................................... 8,800 

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] ................... 71,500 

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] ............................................................................ 8,600 

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, 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] ........................................................................................................................................................................... 17,200 

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

sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses 

authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 

of this chapter [Program Code(s): 03240, 03241, 03243] ........................................................................................................ 3,500 

K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities 

of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 

of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to 

persons generally licensed under part 31 of this chapter [Program Code(s): 03242, 03244] ................................................. 2,600 

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

research and development that do not authorize commercial distribution. Number of locations of use: 1–5. [Program 

Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ............................................................................................... 12,500 

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

for research and development that do not authorize commercial distribution. Number of locations of use: 6–20. [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] .............................................................................. 16,500 

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

for research and development that do not authorize commercial distribution. Number of locations of use: More than 

20. [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .................................................................. 20,500 

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] .............................................................. 13,300 

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.21 [Program Code(s): 03219, 03225, 03226] .... 15,100 

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] .... 29,000 

(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] ..................................................................................................................................................... 38,500 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10488 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

TABLE 2 TO PARAGRAPH (d)—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

(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] ........................................................................................................................................... 48,300 

P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: 

1–5. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 03221, 03222, 

03800, 03810, 22130] ............................................................................................................................................................... 9,800 

(1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations 

of use: 6–20. [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, 04430, 

04432, 04434, 04436, 04438] ........................................................................................................................................... 13,000 

(2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations 

of use: More than 20. [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, 

04431, 04433, 04435, 04437, 04439] ............................................................................................................................... 16,200 

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] ..................................................... 6,000 

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

[Program Code(s): 02710] ................................................................................................................................................. 6,400 

S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................... 23,700 

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] ................................................................................................................................................... 22,400 

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

from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by 

transfer to another person authorized to receive or dispose of the material. [Program Code(s): 03234] ............................... 15,700 

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] ................................................................................................ 8,700 

5. Well logging: 

A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, 

well surveys, and tracer studies other than field flooding tracer studies. [Program Code(s): 03110, 03111, 03112] ............ 12,400 

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] ...................................................................................................................... 27,900 

7. Medical licenses: 

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

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

similar beam therapy devices. This category also includes the possession and use of source material for shielding when 

authorized on the same license.9 Number of locations of use: 1–5. [Program Code(s): 02300, 02310] ................................ 27,000 

(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] ................................................................................................................................................................................ 35,900 

(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] .................................................................................................................................................................... 44,900 

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] .................................................................. 36,800 

(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] ............................................. 49,000 


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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10489 

TABLE 2 TO PARAGRAPH (d)—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

(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] ............................... 61,200 

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

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

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

material in sealed sources contained in teletherapy devices. This category also includes the possession and use of 

source material for shielding when authorized on the same license.9 19 Number of locations of use: 6–20. [Program 

Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] ................................................... 16,800 

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

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

material in sealed sources contained in teletherapy devices. This category also includes the possession and use of 

source material for shielding when authorized on the same license.9 19 Number of locations of use: More than 20. 

[Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] ................................... 20,800 

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] ............................................................................................................................................ 6,000 

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

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

special nuclear material, except reactor fuel devices, for commercial distribution .................................................................. 17,800 

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

special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, 

except reactor fuel devices ....................................................................................................................................................... 9,200 

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 ..................................................................................... 5,500 

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 .................................................................................................................................................................... 1,100 

10. Transportation of radioactive material: 

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

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

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

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

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

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

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

devices) ..................................................................................................................................................................................... 6 N/A 

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

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

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

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, 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] ................................. 337,000 

18. Department of Energy: 

A. Certificates of Compliance ....................................................................................................................................................... 10 996,000 

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] .................................. 81,000 

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. 


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10490 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

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. 21 Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to paying fees under 3.N. licenses that authorize services for other licensees 

authorized on the same license. 

■ 18. In § 171.17, revise paragraphs 

(a)(1) and (2) to read as follows: 

§ 171.17 Proration. 

(a) * * * 

(1) New licenses. (i) The annual fees 

for new licenses for power reactors and 

small modular reactors that are subject 

to fees under this part, for which the 

licensee has notified the NRC on or after 

October 1 of a fiscal year (FY) that the 

licensee has successfully completed 

power ascension testing, are prorated on 

the basis of the number of days 

remaining in the FY. Thereafter, the full 

annual fee is due and payable each 

subsequent FY. 

(ii) The annual fees for new licenses 

for non-power production or utilization 

facilities, 10 CFR part 72 licensees who 

do not hold 10 CFR part 50 or 10 CFR 

part 52 licenses, and materials licenses 

with annual fees of $100,000 or greater 

for a single fee category for the current 

FY, that are subject to fees under this 

part and are granted a license to operate 

on or after October 1 of a FY, are 

prorated on the basis of the number of 

days remaining in the FY. Thereafter, 

the full annual fee is due and payable 

each subsequent FY. 

(2) Terminations. The base operating 

power reactor annual fee for operating 

reactor licensees or the annual fee for 

small modular reactor licensees, who 

have requested amendment to withdraw 

operating authority permanently during 

the FY will be prorated based on the 

number of days during the FY the 

license was in effect before docketing of 

the certifications for permanent 

cessation of operations and permanent 

removal of fuel from the reactor vessel 

or when a final legally effective order to 

permanently cease operations has come 

into effect. The spent fuel storage/ 

reactor decommissioning annual fee for 

reactor licensees who permanently 

cease operations and have permanently 

removed fuel from the site during the 

FY will be prorated on the basis of the 

number of days remaining in the FY 

after docketing of both the certifications 

of permanent cessation of operations 

and permanent removal of fuel from the 

site. The spent fuel storage/reactor 

decommissioning annual fee will be 

prorated for those 10 CFR part 72 

licensees who do not hold a 10 CFR part 

50 or 10 CFR part 52 license who 

request termination of the 10 CFR part 

72 license and permanently cease 

activities authorized by the license 

during the FY based on the number of 

days the license was in effect before 

receipt of the termination request. The 

annual fee for materials licenses with 

annual fees of $100,000 or greater for a 

single fee category for the current FY 

will be prorated based on the number of 

days remaining in the FY when a 

termination request or a request for a 

possession-only license is received by 

the NRC, provided the licensee 

permanently ceased licensed activities 

during the specified period. The annual 

fee for non-power production or 

utilization facilities will be prorated 

based on the number of days remaining 

in the FY when the authorization to 

operate the facility has been 

permanently removed from the license 

during the FY. 

* * * * * 

■ 19. Add § 171.26 to read as follows: 

§ 171.26 Right to dispute assessed fees. 

All debtors’ disputes of fees assessed 

must be submitted in accordance with 

10 CFR 15.31, ‘‘Disputed Debts.’’ 

Dated: February 12, 2021. 

For the Nuclear Regulatory Commission. 

Cherish K. Johnson, 

Chief Financial Officer. 

[FR Doc. 2021–03282 Filed 2–19–21; 8:45 am] 

BILLING CODE 7590–01–P 


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