11376 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 170 and 171 

[NRC–2009–0333] 

RIN 3150–AI70 

Revision of Fee Schedules; Fee 

Recovery for FY 2010 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is proposing to 

amend the licensing, inspection, and 

annual fees charged to its applicants 

and licensees. The proposed 

amendments are necessary to 

implement the Omnibus Budget 

Reconciliation Act of 1990 (OBRA–90), 

as amended, which requires the NRC to 

recover through fees approximately 90 

percent of its budget authority in fiscal 

year (FY) 2010, not including amounts 

appropriated from the Nuclear Waste 

Fund (NWF), amounts appropriated for 

Waste Incidental to Reprocessing (WIR), 

and amounts appropriated for generic 

homeland security activities. Based on 

the Energy and Water Development and 

Related Agencies Appropriation Act, 

2010, signed by the President on 

October 28, 2009, the NRC’s required fee 

recovery amount for the FY 2010 budget 

is approximately $912.2 million. After 

accounting for billing adjustments, the 

total amount to be billed as fees is 

approximately $911.1 million. 

DATES: The comment period expires 

April 9, 2010. Comments received after 

this date will be considered if it is 

practical to do so, but the NRC is able 

to ensure only that comments received 

on or before this date will be 

considered. Because OBRA–90 requires 

that the NRC collect the FY 2010 fees by 

September 30, 2010, requests for 

extensions of the comment period will 

not be granted. 

ADDRESSES: Please include Docket ID 

NRC–2009–0333 in the subject line of 

your comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

Regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You may submit comments by any 

one of the following methods. 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2009–0333. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attn: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

Federal workdays. (Telephone 301–415– 

1677.) 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

You can access publicly available 

documents related to this document 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this proposed rule can be 

found at http://www.regulations.gov by 

searching on Docket ID: NRC–2009– 

0333. 

To obtain additional information on 

the NRC’s FY 2010 budget request, 

commenters and others may review 

NUREG–1100, Volume 25, ‘‘Performance 

Budget: Fiscal Year 2010’’ (May 2009), 

which describes the NRC’s budget for 

FY 2010, including the activities to be 

performed in each program. This 

document is available on the NRC’s 

public Web site at http://www.nrc.gov/ 

reading-rm/doc-collections/nuregs/staff/ 

sr1100/. Note, however, that NUREG– 

1100, Volume 25, is based on the NRC’s 

FY 2010 budget request to Congress, and 

that the fees in this rulemaking are 

based on the Energy and Water 

Development and Related Agencies 

Appropriation Act, 2010 (Pub. L. 111– 

85). The NRC’s total appropriation of 

$1,066.9 million is approximately $4.2 

million less than the agency’s FY 2010 

budget request to Congress. However, 

adjustments to NRC’s budget request 

resulted in an approximately $25 

million increase to NRC’s total fee 

recovery amount from the FY 2010 

budget request. The allocation of the 

Public Law 111–85 budget to planned 

activities within each program, and to 

each fee class and fee-relief category, is 

included in the publicly available work 

papers supporting this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca I. Erickson, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone 301–415– 

7126, e-mail 

Rebecca.Erickson@NRC.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Proposed Action 

A. Amendments to 10 CFR Part 170: Fees 

for Facilities, Materials, Import and 

Export Licenses, and Other Regulatory 

Services Under the Atomic Energy Act of 

1954, as Amended 

B. Amendments to 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 

III. Plain Language 

IV. Voluntary Consensus Standards 

V. Environmental Impact: Categorical 

Exclusion 

VI. Paperwork Reduction Act Statement 

VII. Regulatory Analysis 

VIII. Regulatory Flexibility Analysis 

IX. Backfit Analysis 

I. Background 

The NRC is required each year, under 

OBRA–90 (42 U.S.C. 2214), as amended, 

to recover approximately 90 percent of 

its budget authority, not including 

amounts appropriated from the NWF, 

amounts appropriated for WIR, and 

amounts appropriated for generic 

homeland security activities (non-fee 

items), through fees to NRC licensees 

and applicants. The NRC receives 10 

percent of its budget authority (not 


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including non-fee items) from the 

general fund each year to pay for the 

cost of agency activities that do not 

provide a direct benefit to NRC 

licensees, such as international 

assistance and Agreement State 

activities (as defined under section 274 

of the Atomic Energy Act of 1954, as 

amended). 

The NRC assesses two types of fees to 

meet the requirements of OBRA–90. 

First, user fees, presented in 10 CFR part 

170 under the authority of the 

Independent Offices Appropriation Act 

of 1952 (IOAA) (31 U.S.C. 9701), recover 

the NRC’s cost of providing special 

benefits to identifiable applicants and 

licensees. For example, the NRC 

assesses these fees to cover the cost of 

inspections, applications for new 

licenses and license renewals, and 

requests for license amendments. 

Second, annual fees, presented in 10 

CFR part 171 under the authority of 

OBRA–90, recover generic regulatory 

costs not otherwise recovered through 

10 CFR part 170 fees. 

Based on Public Law 111–85, the 

NRC’s required fee recovery amount for 

the FY 2010 budget is approximately 

$912.2 million, which is reduced by 

approximately $1.1 million to account 

for billing adjustments (i.e., expected 

unpaid invoices, payments for prior 

year invoices), resulting in a total of 

approximately $911.1 million to be 

billed as fees in FY 2010. 

In accordance with OBRA–90, $22.2 

million of the agency’s budgeted 

resources for generic homeland security 

activities are excluded from the NRC’s 

fee base in FY 2010. These funds cover 

generic activities such as rulemakings 

and the development of guidance 

documents that support entire license 

fee classes or classes of licensees. Under 

its IOAA authority, the NRC will 

continue to charge part 170 fees for all 

licensee-specific homeland securityrelated services provided, including 

security inspections and security plan 

reviews. 

The amount of the NRC’s required fee 

collections is set by law, and is, 

therefore, outside the scope of this 

rulemaking. In FY 2010, the NRC’s total 

fee recovery amount has increased by 

$41.5 million from FY 2009, mostly in 

response to increased activities for 

reactor oversight, new reactor programs, 

information technology support, 

homeland security issues, and licensing 

reviews for fuel facilities, non-power 

reactors and spent fuel storage. The FY 

2010 budget was allocated to the fee 

classes that the budgeted activities 

support. As such, the annual fees for 

power reactor, most fuel facility, 

uranium recovery, and small materials 

licensees have increased. Another factor 

affecting the amount of annual fees for 

each fee class is the estimated collection 

under part 170, discussed in Section II, 

‘‘Proposed Action’’, of this document. 

II. Proposed Action 

The NRC is proposing to amend its 

licensing, inspection, and annual fees to 

recover approximately 90 percent of its 

FY 2010 budget authority less the 

appropriations for non-fee items. The 

NRC’s total budget authority for FY 

2010 is $1,066.9 million. The non-fee 

items include $29.0 million 

appropriated from the NWF, $2.1 

million for WIR activities, and $22.2 

million for generic homeland security 

activities. Based on the 90 percent feerecovery requirement, the NRC will 

have to recover approximately $912.2 

million in FY 2010 through part 170 

licensing and inspection fees and part 

171 annual fees. The amount required 

by law to be recovered through fees for 

FY 2010 would be $41.5 million more 

than the amount estimated for recovery 

in FY 2009, an increase of 

approximately 5 percent. 

The FY 2010 fee recovery amount is 

reduced by $1.1 million to account for 

billing adjustments (i.e., for FY 2010 

invoices that the NRC estimates will not 

be paid during the fiscal year, less 

payments received in FY 2010 for prior 

year invoices). This leaves 

approximately $911.1 million to be 

billed as fees in FY 2010 through part 

170 licensing and inspection fees and 

part 171 annual fees. 

Table I summarizes the budget and fee 

recovery amounts for FY 2010. 

(Individual values may not sum to totals 

due to rounding.) 

TABLE I—BUDGET AND FEE RECOVERY AMOUNTS FOR FY 2010 

[Dollars in millions] 

Total Budget Authority ......................................................................................................................................................................... $1,066.9 

Less Non-Fee Items ............................................................................................................................................................................ ¥53.3 

Balance ......................................................................................................................................................................................... $1,013.6 

Fee Recovery Rate for FY 2010 ......................................................................................................................................................... × 90.0% 

Total Amount to be Recovered for FY 2010 ....................................................................................................................................... $912.2 

Less Part 171 Billing Adjustments: 

Unpaid FY 2010 Invoices (estimated) .......................................................................................................................................... 2.1 

Less Payments Received in FY 2010 for Prior Year Invoices (estimated) ................................................................................. ¥3.2 

Subtotal ................................................................................................................................................................................. ¥1.1 

Amount to be Recovered Through Parts 170 and 171 Fees .............................................................................................................. $911.1 

Less Estimated Part 170 Fees ............................................................................................................................................................ ¥364.0 

Part 171 Fee Collections Required ..................................................................................................................................................... $547.1 

The NRC estimates that $364 million 

would be recovered from part 170 fees 

in FY 2010. This represents an increase 

of approximately 9 percent as compared 

to the actual part 170 collections of 

$332.6 million for FY 2009. The NRC 

derived the FY 2010 estimate of part 170 

fee collections based on the previous 

four quarters of billing data for each 

license fee class, with adjustments to 

account for changes in the NRC’s FY 

2010 budget, as appropriate. The 

remaining $547.1 million would be 

recovered through the part 171 annual 

fees in FY 2010, which is an increase of 

approximately 4 percent compared to 

actual part 171 collections of $525.3 

million for FY 2009. 

The NRC plans to publish the final fee 

rule no later than June 2010. The FY 

2010 final fee rule will be a ‘‘major rule’’ 

as defined by the Congressional Review 

Act of 1996 (5 U.S.C. 801–808). 

Therefore, the NRC’s fee schedules for 

FY 2010 will become effective 60 days 

after publication of the final rule in the 

Federal Register. The NRC will send an 


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invoice for the amount of the annual fee 

to reactor licensees, 10 CFR part 72 

licensees, major fuel cycle facilities, and 

other licensees with annual fees of 

$100,000 or more, upon publication of 

the FY 2010 final rule. For these 

licensees, payment is due on the 

effective date of the FY 2010 final rule. 

Because these licensees are billed 

quarterly, the payment due is the 

amount of the total FY 2010 annual fee, 

less payments made in the first three 

quarters of the fiscal year. 

Materials licensees with annual fees 

of less than $100,000 are billed 

annually. Those materials licensees 

whose license anniversary date during 

FY 2010 falls before the effective date of 

the FY 2010 final rule will be billed for 

the annual fee during the anniversary 

month of the license at the FY 2009 

annual fee rate. Those materials 

licensees whose license anniversary 

date falls on or after the effective date 

of the FY 2010 final rule will be billed 

for the annual fee at the FY 2010 annual 

fee rate during the anniversary month of 

the license, and payment will be due on 

the date of the invoice. 

As a cost saving measure, the NRC 

will discontinue mailing the proposed 

fee rule to all licensees. Instead, the 

NRC will send licensees a short 

summary of the proposed rule and 

information on how to access the 

complete proposed rule on the Internet. 

The NRC currently does not mail the 

final fee rule to all licensees, but will 

send the final rule or the proposed rule 

to any licensee or other person upon 

specific request. To request a copy, 

contact the Accounts Receivable/ 

Payable Branch, Division of the 

Controller, Office of the Chief Financial 

Officer, at 301–415–7554, or e-mail 

fees.resource@nrc.gov. In addition to 

publication in the Federal Register, 

both the proposed and final rules will 

be available on the Internet at http:// 

www.regulations.gov. 

The NRC plans to review its fee 

policies for power reactors. The NRC 

anticipates that it will receive 

applications to license small and 

medium sized commercial nuclear 

reactors. The NRC published an 

Advance Notice of Proposed 

Rulemaking (ANPR) on March 25, 2009 

(74 FR 12735) to receive early input 

from the public on issues relevant to the 

establishment of an annual fee structure 

based on the size of the reactor. The 

NRC received sixteen comments in 

response to the ANPR. The general 

consensus from the commenters is that 

an adjustment to the current power 

reactor annual fee methodology is 

needed to account for small and 

medium sized power reactors. The NRC 

plans to analyze suggested 

methodologies for a variable annual fee 

structure for power reactors and present 

its findings in a future proposed rule. 

The NRC also plans to change its 

current policy with regard to billing 

inspection costs. Currently, inspection 

costs are billed only after the inspection 

is completed (i.e., approximately 30 

days after the inspection report is 

issued). As a result, in some cases 

inspection costs accumulate over 

several billing cycles, and the licensee 

receives one invoice for these 

accumulated costs rather than being 

billed as the costs are incurred. 

Therefore, the NRC plans to bill for 

accumulated inspection costs before 

issuance of the inspection report. Billing 

for incurred inspection costs will begin 

when the NRC’s new accounting system 

is implemented, scheduled for early FY 

2011. This policy change does not 

require a revision to part 170. 

The NRC is proposing to amend 10 

CFR parts 170 and 171, as discussed in 

Sections II.A and II.B of this document. 

A. Amendments to 10 CFR Part 170: 

Fees for Facilities, Materials, Import and 

Export Licenses, and Other Regulatory 

Services Under the Atomic Energy Act 

of 1954, as Amended 

In FY 2010, the NRC is proposing to 

increase the hourly rate to recover the 

full cost of activities under part 170 and 

is using this rate to calculate ‘‘flat’’ 

application fees. 

The NRC is proposing the following 

changes: 

1. Hourly Rate 

The NRC’s hourly rate is used in 

assessing full cost fees for specific 

services provided, as well as flat fees for 

certain application reviews. The NRC is 

proposing to change the FY 2010 hourly 

rate to $259. This rate would be 

applicable to all activities for which fees 

are assessed under §§ 170.21 and 

170.31. The FY 2010 proposed hourly 

rate is higher than the hourly rate of 

$257 in the FY 2009 final fee rule. The 

increase is primarily due to the higher 

FY 2010 budget supporting increased 

infrastructure and support costs for the 

new reactors program, fuel facility 

reviews, reactor licensing renewal, 

international activities, and spent fuel 

storage and transportation activities. 

The hourly rate calculation is described 

in further detail in the following 

paragraphs. 

The NRC’s hourly rate is derived by 

dividing the sum of recoverable 

budgeted resources for (1) Mission 

direct program salaries and benefits; (2) 

mission indirect salaries and benefits 

and contract activity; and (3) agency 

management and support and the 

Inspector General (IG), by mission direct 

full-time equivalent (FTE) hours. The 

mission direct FTE hours are the 

product of the mission direct FTE times 

the hours per direct FTE. The only 

budgeted resources excluded from the 

hourly rate are those for mission direct 

contract activities. 

In FY 2010, the NRC is proposing to 

use 1,371 hours per direct FTE, the 

same amount as FY 2009, to calculate 

the hourly fees. The NRC has reviewed 

data from its time and labor system to 

determine if the annual direct hours 

worked per direct FTE estimate requires 

updating for the FY 2010 fee rule. Based 

on this review of the most recent data 

available, the NRC determined that 

1,371 hours is the best estimate of direct 

hours worked annually per direct FTE. 

This estimate excludes all indirect 

activities such as training, general 

administration, and leave. 

Table II shows the results of the 

hourly rate calculation methodology. 

(Individual values may not sum to totals 

due to rounding.) 

TABLE II—FY 2010 HOURLY RATE CALCULATION

Mission Direct Program Salaries & Benefits ....................................................................................................................................... $343.8M 

Mission Indirect Salaries & Benefits, and Contract Activity ................................................................................................................ 135.6M 

Agency Management and Support, and the IG .................................................................................................................................. 330.4M 

Subtotal ......................................................................................................................................................................................... $809.8M 

Less Offsetting Receipts ...................................................................................................................................................................... ¥0.0M 

Total Budget Included in Hourly Rate .......................................................................................................................................... $809.8M 

Mission Direct FTEs ............................................................................................................................................................................ 2,276 


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TABLE II—FY 2010 HOURLY RATE CALCULATION—Continued 

Professional Hourly Rate (Total Budget Included in Hourly Rate divided by Mission Direct FTE Hours) ......................................... $259 

As shown in Table II, dividing the 

$809.8 million budgeted amount 

(rounded) included in the hourly rate by 

total mission direct FTE hours (2,276 

FTE times 1,371 hours) results in an 

hourly rate of $259. The hourly rate is 

rounded to the nearest whole dollar. 

2. ‘‘Flat’’ Application Fee Changes 

The NRC is proposing to adjust the 

current flat application fees in §§ 170.21 

and 170.31 to reflect the revised hourly 

rate of $259. These flat fees are 

calculated by multiplying the average 

professional staff hours needed to 

process the licensing actions by the 

proposed professional hourly rate for FY 

2010. The agency estimates the average 

professional staff hours needed to 

process licensing actions every other 

year as part of its biennial review of fees 

performed in compliance with the Chief 

Financial Officers Act of 1990. This 

review was last performed as part of the 

FY 2009 fee rulemaking. The higher 

hourly rate of $259 is the main reason 

for the increase in application fees. 

The amounts of the materials 

licensing flat fees are rounded so that 

the fees would be convenient to the user 

and the effects of rounding would be 

minimal. Fees under $1,000 are rounded 

to the nearest $10, fees that are greater 

than $1,000 but less than $100,000 are 

rounded to the nearest $100, and fees 

that are greater than $100,000 are 

rounded to the nearest $1,000. 

The proposed licensing flat fees are 

applicable for fee categories K.1. 

through K.5. of § 170.21, and fee 

categories 1.C., 1.D., 2.B., 2.C., 3.A. 

through 3.S., 4.B. through 9.D., 10.B., 

15.A. through 15.R., 16, and 17 of 

§ 170.31. Applications filed on or after 

the effective date of the FY 2010 final 

fee rule would be subject to the revised 

fees in the final rule. 

3. Administrative Amendments 

In the FY 2009 final rule, § 170.11, 

regarding fee exemptions for special 

projects, was changed to simplify the 

language. The NRC is proposing to 

modify the introductory text of 

paragraph (a)(1) to clarify that this 

paragraph applies to special projects. 

There is no change to the NRC’s fee 

exemption policy. 

In addition, the NRC is updating some 

of the program codes found next to the 

materials users fee categories in 

§ 170.31. The program codes were 

added in the FY 2008 final rule, and the 

NRC plans to update the program codes 

as needed. 

In summary, the NRC is proposing to 

make the following changes to 10 CFR 

part 170: 

1. Establish a revised professional 

hourly rate to use in assessing fees for 

specific services; 

2. Revise the license application fees 

to reflect the proposed FY 2010 hourly 

rate; and 

3. Make certain administrative 

changes for purposes of updating some 

program codes and improving the 

clarity of the rule. 

B. Amendments to 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 

The NRC proposes to recover its feerelief shortfall by increasing all 

licensees’ annual fees. This rulemaking 

also proposes to make changes to the 

number of NRC licensees and to 

establish rebaselined annual fees based 

on Public Law 111–85. The proposed 

amendments are described as follows: 

1. Application of Fee-Relief and LowLevel Waste Surcharge 

The NRC is proposing to recover its 

fee-relief shortfall by increasing all 

licensees’ annual fees, based on their 

percent of the budget. 

The NRC applies the 10 percent of its 

budget that is excluded from fee 

recovery under OBRA–90, as amended 

(fee relief), to offset the total budget 

allocated for activities which do not 

directly benefit current NRC licensees. 

The budget for these fee-relief activities 

is totaled and then reduced by the 

amount of the NRC’s fee relief. Any 

difference between the fee relief and the 

budgeted amount of these activities 

results in a fee-relief adjustment 

(increase or decrease) to all licensees’ 

annual fees, based on their percent of 

the budget (i.e., over 80 percent is 

allocated to power reactors each year). 

In FY 2010, the NRC’s 10 percent fee 

relief is less than the total budget for 

fee-relief activities by $7.1 million. In 

FY 2009, the 10 percent fee relief 

exceeded the total budget by $3.2 

million. The FY 2010 budget for feerelief activities is higher than FY 2009, 

primarily due to an increase in small 

entity subsidies, non-profit educational 

exemptions, and regulatory support to 

Agreement States. 

The NRC is increasing all licensees’ 

annual fees to recover the shortfall 

amount of $7.1 million, based on their 

percent of the fee recoverable budget 

authority. This is consistent with the 

existing fee methodology, in that the 

fee-relief shortfall amount is allocated to 

licensees in the same manner as benefits 

are allocated as a reduction when the 

NRC receives enough fee relief to pay 

for fee-relief activities. In FY 2010, the 

power reactors class of licensees will be 

allocated approximately 88 percent of 

the fee-relief shortfall based on their 

share of the NRC fee recoverable budget 

authority. 

The FY 2010 budgeted resources for 

NRC’s fee-relief activities are $108.5 

million. The NRC’s total fee relief in FY 

2010 is $101.4 million, leaving a $7.1 

million fee-relief shortfall to be 

recovered by increasing all licensees’ 

annual fees. These values are shown in 

Table III. (Individual values may not 

sum to totals due to rounding.) 

TABLE III—FEE-RELIEF ACTIVITIES

[Dollars in millions] 

FY 2010 

budgeted 

costs 

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

a. International activities ............................................................................................................................................................... $18.2 

b. Agreement State oversight ....................................................................................................................................................... 11.2 

c. Scholarships and Fellowships .................................................................................................................................................. 15.0 


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TABLE III—FEE-RELIEF ACTIVITIES—Continued 

[Dollars in millions] 

FY 2010 

budgeted 

costs 

2. Activities not assessed part 170 licensing and inspection fees or part 171 annual fees based on existing law or Commission 

policy: 

a. Fee exemption for nonprofit educational institutions ............................................................................................................... 17.4 

b. Costs not recovered from small entities under 10 CFR 171.16(c) .......................................................................................... 6.1 

c. Regulatory support to Agreement States ................................................................................................................................. 23.1 

d. Generic decommissioning/reclamation (not related to the power reactor and spent fuel storage fee classes) ..................... 15.1 

e. In situ leach rulemaking and unregistered general licensees ................................................................................................. 2.4 

Total fee-relief activities ........................................................................................................................................................ $108.5 

Less 10 percent of NRC’s FY 2010 total budget (less non-fee items) ............................................................................................... ¥101.4 

Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees ............................................................................................... $7.1 

Table IV shows how the NRC is 

allocating the $7.1 million fee-relief 

adjustment to each license fee class. As 

explained previously, the NRC is 

allocating this fee-relief adjustment to 

each license fee class based on the 

percent of the budget for that fee class 

compared to the NRC’s total budget. The 

fee-relief adjustment is added to the 

required annual fee recovery from each 

fee class. 

Separately, the NRC has continued to 

allocate the low-level waste (LLW) 

surcharge based on the volume of LLW 

disposal of three classes of licenses: 

operating reactors, fuel facilities, and 

materials users. Table IV also shows the 

allocation of the LLW surcharge activity. 

Because LLW activities support NRC 

licensees, the costs of these activities are 

recovered through annual fees. For FY 

2010, the total budget allocated for LLW 

activity is $2.3 million. (Individual 

values may not sum to totals due to 

rounding.) 

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

LLW surcharge Fee-relief adjustment Total 

Percent $M Percent $M $M 

Operating Power Reactors ...................................................................... 54.0 1.3 87.8 6.3 7.5 

Spent Fuel Storage/Reactor Decommissioning ....................................... .................... .................... 2.7 0.2 0.2 

Test and Research Reactors ................................................................... .................... .................... 0.2 0.0 0.0 

Fuel Facilities ........................................................................................... 15.0 0.3 5.5 0.4 0.7 

Materials Users ........................................................................................ 31.0 0.7 2.6 0.2 0.9 

Transportation .......................................................................................... .................... .................... 0.5 0.0 0.0 

Uranium Recovery ................................................................................... .................... .................... 0.7 0.1 0.1 

Total .................................................................................................. 100.0 2.3 100.0 7.1 9.5 

2. Agreement State Activities 

New Jersey became the 37th 

Agreement State, effective September 

30, 2009. Materials licenses transferred 

to a new Agreement State are terminated 

by the NRC. New Jersey assumed 

regulatory authority for approximately 

500 former NRC licensees. To mitigate 

the impact on the annual fee for the 

remaining small materials NRC 

licensees a larger share of the generic 

budget resources for small materials 

licensees will be allocated to the 

Regulatory Support to Agreement States 

fee-relief category, as seen in Table III. 

Note that the continuing costs of 

oversight and regulatory support for the 

State of New Jersey, as for any other 

Agreement State, are recovered as feerelief activities, consistent with existing 

policy. The budgeted resources for the 

regulatory support of Agreement State 

licensees are prorated to the fee-relief 

activity, based on the percent of total 

licensees in Agreement States. The NRC 

has updated the proration percentage in 

its fee calculation to make sure that 

resources are allocated equitably 

between the NRC materials users fee 

class and the regulatory support to 

Agreement States fee-relief category. 

Accordingly, as a result of the State of 

New Jersey becoming an Agreement 

State, the NRC has increased the 

percentage of materials users regulatory 

support costs prorated to the fee-relief 

activity from 85 percent in FY 2009 to 

87 percent in FY 2010. The resources for 

licensing and inspection activities 

supporting NRC licensees in the 

materials users fee class are not prorated 

to the fee-relief activity. 

3. Revised Annual Fees 

The NRC is proposing to revise its 

annual fees in ’’ 171.15 and 171.16 for 

FY 2010 to recover approximately 90 

percent of the NRC’s FY 2010 budget 

authority, after subtracting the non-fee 

amounts and the estimated amount to be 

recovered through part 170 fees. The 

part 170 estimate for this proposed rule 

increased by $30.1 million from the FY 

2009 fee rule, based on the latest invoice 

data available. The total amount to be 

recovered through annual fees for FY 

2010 is $547.1 million. The required 

annual fee collection in FY 2009 was 

$532.6 million. 

The Commission has determined (71 

FR 30721; May 30, 2006) that the agency 

should proceed with a presumption in 

favor of rebaselining when calculating 

annual fees each year. Under this 

method, the NRC’s budget is analyzed in 

detail and budgeted resources are 

allocated to fee classes and categories of 

licensees. The Commission expects that 

most years there will be budgetary and 


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other changes that warrant the use of the 

rebaselining method. 

As compared with FY 2009 annual 

fees, rebaselined fees are higher for five 

classes of licensees (power reactors, 

spent fuel storage/reactor 

decommissioning, transportation, 

uranium recovery and materials users), 

and lower for one class of licensees 

(non-power reactors). Within the fuel 

facilities fee class, annual fees for most 

licensees increase, while the annual fee 

for one fee category decreases. 

The NRC’s total fee recoverable 

budget, as mandated by law, is 

approximately $41.5 million larger in 

FY 2010 as compared with FY 2009. 

Much of this increase is in response to 

increased activities for reactor oversight, 

new reactor programs, information 

technology support, homeland security 

issues, and licensing reviews for fuel 

facilities, non-power reactors, and spent 

fuel storage. The FY 2010 budget was 

allocated to the fee classes that the 

budgeted activities support. As in FY 

2009, generic NRC resources supporting 

new uranium recovery applications are 

included in the budget allocated to 

operating power reactors and fuel 

facility fee classes, because these 

licensees will potentially benefit from 

increased production of uranium milled 

by new uranium recovery facilities. The 

impact of this allocation on the 

operating reactors and fuel facilities 

annual fees is less than one percent. 

The factors affecting all annual fees 

include the distribution of budgeted 

costs to the different classes of licenses 

(based on the specific activities the NRC 

will perform in FY 2010), the estimated 

part 170 collections for the various 

classes of licenses, and allocation of the 

fee-relief adjustment to all fee classes. 

The percentage of the NRC’s budget not 

subject to fee recovery remained at 10 

percent from FY 2009 to FY 2010. 

Table V shows the rebaselined annual 

fees for FY 2010 for a representative list 

of categories of licenses. The FY 2009 

fee is also shown for comparative 

purposes. 

TABLE V—REBASELINED ANNUAL FEES FOR FY 2010 

Class/Category of licenses FY 2009 

annual fee 

FY 2010 

proposed 

annual fee 

Operating Power Reactors (Including Spent Fuel Storage/Reactor Decommissioning Annual Fee) ..................... $4,625,000 $4,719,000 

Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... 122,000 143,000 

Test and Research Reactors (Non-power Reactors) .............................................................................................. 87,600 81,800 

High Enriched Uranium Fuel Facility ....................................................................................................................... 4,691,000 5,442,000 

Low Enriched Uranium Fuel Facility ........................................................................................................................ 1,649,000 2,048,000 

UF6 Conversion Facility ........................................................................................................................................... 969,000 1,112,000 

Conventional Mills .................................................................................................................................................... 31,200 38,300 

Typical Materials Users: 

Radiographers (Category 3O) .......................................................................................................................... 22,700 28,200 

Well Loggers (Category 5A) ............................................................................................................................. 9,700 12,000 

Gauge Users (Category 3P) ............................................................................................................................. 3,700 4,500 

Broad Scope Medical (Category 7B) ............................................................................................................... 36,300 45,100 

The work papers which support this 

proposed rule show in detail the 

allocation of NRC’s budgeted resources 

for each class of licenses and how the 

fees are calculated. The reports included 

in these work papers summarize the FY 

2010 budgeted FTE and contract dollars 

allocated to each fee class and fee-relief 

category at the planned activity and 

program level and compare these 

allocations to those used to develop the 

final FY 2009 fees. The work papers are 

available electronically at http:// 

www.regulations.gov by searching on 

Docket ID: NRC–2009–0333 and at the 

NRC’s Electronic Reading Room on the 

Internet at Web site address http:// 

www.nrc.gov/reading-rm/adams.html. 

The work papers may also be examined 

at the NRC PDR located at One White 

Flint North, Room O–1F22, 11555 

Rockville Pike, Rockville, Maryland. 

The budgeted costs allocated to each 

class of licenses and the calculations of 

the rebaselined fees are described in 

paragraphs a. through h. of this section. 

Individual values in the Tables 

presented in this section may not sum 

to totals due to rounding. 

a. Fuel Facilities 

The FY 2010 budgeted cost to be 

recovered in the annual fees assessment 

to the fuel facility class of licenses 

[which includes licensees in fee 

categories 1.A.(1)(a), 1.A.(1)(b), 

1.A.(2)(a), 1.A.(2)(b), 1.A.(2)(c), 1.E., and 

2.A.(1), under § 171.16] is 

approximately $28.8 million. This value 

is based on the full cost of budgeted 

resources associated with all activities 

that support this fee class, which is 

reduced by estimated part 170 

collections and adjusted for allocated 

generic transportation resources and feerelief. In FY 2010, the LLW surcharge 

for fuel facilities is added to the 

allocated fee-relief adjustment (see 

Table IV in Section II.B.1., ‘‘Application 

of Fee-Relief and Low-Level Waste 

Surcharge’’ of this document). The 

summary calculations used to derive 

this value are presented in Table VI for 

FY 2010, with FY 2009 values shown 

for comparison. 

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2009 final FY 2010 

proposed 

Total budgeted resources ........................................................................................................................................ $44.6 $48.8 

Less estimated part 170 receipts ............................................................................................................................ ¥22.0 ¥21.2 

Net part 171 resources ............................................................................................................................................ $22.6 $27.6 

Allocated generic transportation .............................................................................................................................. + 0.4 + 0.5 

Fee-relief adjustment/LLW surcharge ..................................................................................................................... + 0.2 + 0.7 


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

[Dollars in millions] 

Summary fee calculations FY 2009 final FY 2010 

proposed 

Billing adjustments ................................................................................................................................................... ¥0.2 ¥0.1 

Total required annual fee recovery .................................................................................................................. $23.0 $28.8 

The increase in total budgeted 

resources allocated to this fee class from 

FY 2009 to FY 2010 is primarily due to 

increased support for environmental 

reviews and for licensing amendments 

and renewals for existing fuel 

fabrication facilities. This is partially 

offset by reductions in fuel facility 

inspections and licensing and 

inspection activities for enrichment 

facilities. 

The total required annual fee recovery 

amount is allocated to the individual 

fuel facility licensees, based on the 

effort/fee determination matrix 

developed for the FY 1999 final fee rule 

(64 FR 31447; June 10, 1999). In the 

matrix included in the publicly 

available NRC work papers, licensees 

are grouped into categories according to 

their licensed activities (i.e., nuclear 

material enrichment, processing 

operations, and material form) and the 

level, scope, depth of coverage, and 

rigor of generic regulatory programmatic 

effort applicable to each category from 

a safety and safeguards perspective. 

This methodology can be applied to 

determine fees for new licensees, 

current licensees, licensees in unique 

license situations, and certificate 

holders. 

This methodology is adaptable to 

changes in the number of licensees or 

certificate holders, licensed or certified 

material and/or activities, and total 

programmatic resources to be recovered 

through annual fees. When a license or 

certificate is modified, it may result in 

a change of category for a particular fuel 

facility licensee, as a result of the 

methodology used in the fuel facility 

effort/fee matrix. Consequently, this 

change may also have an effect on the 

fees assessed to other fuel facility 

licensees and certificate holders. For 

example, if a fuel facility licensee 

amends its license/certificate (e.g., 

decommissioning or license 

termination) that results in it not being 

subject to part 171 costs applicable to 

the fee class, then the budgeted costs for 

the safety and/or safeguards 

components will be spread among the 

remaining fuel facility licensees/ 

certificate holders. 

The methodology is applied as 

follows. First, a fee category is assigned, 

based on the nuclear material and 

activity authorized by license or 

certificate. Although a licensee/ 

certificate holder may elect not to fully 

use a license/certificate, the license/ 

certificate is still used as the source for 

determining authorized nuclear material 

possession and use/activity. Second, the 

category and license/certificate 

information are used to determine 

where the licensee/certificate holder fits 

into the matrix. The matrix depicts the 

categorization of licensees/certificate 

holders by authorized material types 

and use/activities. 

Each year, the NRC’s fuel facility 

project managers and regulatory 

analysts determine the level of effort 

associated with regulating each of these 

facilities. This is done by assigning, for 

each fuel facility, separate effort factors 

for the safety and safeguards activities 

associated with each type of regulatory 

activity. The matrix includes ten types 

of regulatory activities, including 

enrichment and scrap/waste-related 

activities (see the work papers for the 

complete list). Effort factors are assigned 

as follows: one (low regulatory effort), 

five (moderate regulatory effort), and ten 

(high regulatory effort). These effort 

factors are then totaled for each fee 

category, so that each fee category has 

a total effort factor for safety activities 

and a total effort factor for safeguards 

activities. 

The effort factors for the various fuel 

facility fee categories are summarized in 

Table VII. The value of the effort factors 

shown, as well as the percent of the 

total effort factor for all fuel facilities, 

reflects the total regulatory effort for 

each fee category (not per facility). Note 

that the total effort factors for the High 

Enriched Uranium Fuel (HEU), Low 

Enriched Uranium Fuel (LEU), Hot Cell 

and Uranium Enrichment fee categories 

have increased from FY 2009, while the 

Limited Operations fee category 

decreased from FY 2009. The safety and 

safeguards factors increased in FY 2010 

to reflect process changes, such as 

emphasis on emergency planning, 

ongoing uranium enrichment activities, 

and a new facility in the Uranium 

Enrichment fee category. The safety 

factor decreases for Low Enriched 

Uranium Fuel and Limited Operations 

fee categories in FY 2010 reflect the 

lower level of safety issues at two 

facilities. Taking into account the 

addition of a new facility, the total 

safety and safeguards effort factor 

change is relatively small. 

TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES

Facility type (fee category) Number of 

facilities 

Effort factors 

(percent of total) 

Safety Safeguards 

High Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... 2 89 (32.5) 97 (44.3) 

Low Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... 3 70 (25.5) 35 (16.0) 

Limited Operations (1.A.(2)(a)) .................................................................................................... 1 8 (2.9) 4 (1.8) 

Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. 1 3 (1.1) 15 (6.8) 

Hot Cell (1.A.(2)(c)) ..................................................................................................................... 1 6 (2.2) 3 (1.4) 

Uranium Enrichment (1.E) ........................................................................................................... 3 86 (31.4) 58 (26.5) 

UF6 Conversion (2.A.(1)) ............................................................................................................. 1 12 (4.4) 7 (3.2) 


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For FY 2010, the total budgeted 

resources for safety activities, before the 

fee-relief adjustment is made, is 

$15,621,739. This amount is allocated to 

each fee category based on its percent of 

the total regulatory effort for safety 

activities. For example, if the total effort 

factor for safety activities for all fuel 

facilities is 100, and the total effort 

factor for safety activities for a given fee 

category is 10, that fee category will be 

allocated 10 percent of the total 

budgeted resources for safety activities. 

Similarly, the budgeted resources 

amount of $12,485,988 for safeguards 

activities is allocated to each fee 

category based on its percent of the total 

regulatory effort for safeguards 

activities. The fuel facility fee class’ 

portion of the fee-relief adjustment 

($740,427) is allocated to each fee 

category based on its percent of the total 

regulatory effort for both safety and 

safeguards activities. The annual fee per 

licensee is then calculated by dividing 

the total allocated budgeted resources 

for the fee category by the number of 

licensees in that fee category as 

summarized in Table VIII. 

TABLE VIII—ANNUAL FEES FOR FUEL

FACILITIES

Facility type (fee category) FY 2010 

annual fee 

High Enriched Uranium Fuel 

(1.A.(1)(a)) ......................... $5,442,000 

Low Enriched Uranium Fuel 

(1.A.(1)(b)) ......................... 2,048,000 

Limited Operations Facility 

(1.A.(2)(a)) ......................... 702,000 

Gas Centrifuge Enrichment 

Demonstration (1.A.(2)(b)) 1,053,000 

Hot Cell (and others) 

(1.A.(2)(c)) ......................... 527,000 

Uranium Enrichment (1.E.) ... 2,809,000 

UF6 Conversion (2.A.(1)) ...... 1,112,000 

The NRC expects to authorize 

operation of one new uranium 

enrichment facility in FY 2010. The 

annual fee applicable to any type of new 

uranium enrichment facility is the 

annual fee in § 171.16, fee category 1.E., 

Uranium Enrichment, unless the NRC 

establishes a new fee category for the 

facility in a subsequent rulemaking. The 

applicable annual fee for a facility that 

is authorized to operate during the FY 

will be prorated in accordance with the 

provisions of § 171.17. 

b. Uranium Recovery Facilities 

The total FY 2010 budgeted costs to 

be recovered through annual fees 

assessed to the uranium recovery class 

[which includes licensees in fee 

categories 2.A.(2)(a), 2.A.(2)(b), 

2.A.(2)(c), 2.A.(2)(d), 2.A.(2)(e), 2.A.(3), 

2.A.(4), 2.A.(5) and 18.B., under 

§ 171.16], is approximately $0.91 

million. The derivation of this value is 

shown in Table IX, with FY 2009 values 

shown for comparison purposes. 

TABLE IX—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2009 final FY 2010 

proposed 

Total budgeted resources ........................................................................................................................................ $7.21 $6.69 

Less estimated part 170 receipts ............................................................................................................................ ¥6.64 ¥5.83 

Net part 171 resources ..................................................................................................................................... $0.57 $0.86 

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

Fee-relief adjustment ............................................................................................................................................... ¥0.03 +0.05 

Billing adjustments ................................................................................................................................................... ¥0.03 ¥0.01 

Total required annual fee recovery .................................................................................................................. $0.51 $0.91 

The increase in the total required 

annual fee recovery is mainly due to 

increased support for uranium recovery 

legal and program infrastructure and the 

increased fee-relief adjustment, which 

was a reduction in FY 2009. As in FY 

2009, the NRC is proposing to exclude 

the generic budgeted resources 

supporting applications for new 

uranium recovery facilities from the FY 

2010 annual fee charged to current 

uranium recovery licensees. Because 

operating reactors and fuel facility 

licensees would potentially benefit from 

increased production of the uranium 

milled by the new facilities, the 

budgeted resources would be allocated 

to these fee classes. The generic 

resources supporting the new uranium 

recovery facilities do not benefit the 

existing uranium recovery licensees. 

Since FY 2002, the NRC has 

computed the annual fee for the 

uranium recovery fee class by allocating 

the total annual fee amount for this fee 

class between the Department of Energy 

(DOE) and the other licensees in this fee 

class. The NRC regulates DOE’s Title I 

and Title II activities under the Uranium 

Mill Tailings Radiation Control Act 

(UMTRCA). The Congress established 

the two programs, Title I and Title II 

under UMTRCA, to protect the public 

and the environment from uranium 

milling. The UMTRCA Title I program 

is for remedial action at abandoned mill 

tailings sites where tailings resulted 

largely from production of uranium for 

the weapons program. The NRC also 

regulates DOE’s UMTRCA Title II 

program which is directed toward 

uranium mill sites licensed by the NRC 

or Agreement States in or after 1978. 

In FY 2010, 35 percent of the total 

annual fee amount, less $419,769 

specifically budgeted for Title I 

activities, is allocated to DOE’s 

UMTRCA facilities. The budgeted 

resources for Title I activities increased 

in FY 2010 primarily due to additional 

Title I sites. The remaining 65 percent 

of the total annual fee (less the amounts 

specifically budgeted for Title I 

activities) is allocated to other licensees. 

This is the same as in FY 2009. The 

remaining $317,000 (rounded) would be 

recovered through annual fees assessed 

to the other licensees in this fee class 

(i.e., conventional uranium mills and 

heap leach facilities, uranium solution 

mining and resin in-situ recovery (ISR) 

facilities, mill tailings disposal facilities 

(11e.(2) disposal facilities), and uranium 

water treatment facilities). 

The annual fee being assessed to DOE 

includes recovery of the costs 

specifically budgeted for NRC’s Title I 

activities, plus 35 percent of the 

remaining annual fee amount, including 

the fee-relief and generic/other costs, for 

the uranium recovery class. The 

remaining 65 percent of the fee-relief 

and generic/other costs are assessed to 

the other NRC licensees in this fee class 

that are subject to annual fees. The costs 

to be recovered through annual fees 

assessed to the uranium recovery class 

are shown in Table X. 


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

DOE Annual Fee Amount (UMTRCA Title I and Title II) general licenses: 

UMTRCA Title I budgeted costs .............................................................................................................................................. $419,769 

35 percent of generic/other uranium recovery budgeted costs ............................................................................................... 151,950 

35 percent of uranium recovery fee-relief adjustment ............................................................................................................. +18,533 

Total Annual Fee Amount for DOE (rounded) .................................................................................................................. 590,000 

Annual Fee Amount for Other Uranium Recovery Licenses: 

65 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for Title I activities 282,193 

65 percent of uranium recovery fee-relief adjustment ............................................................................................................. +34,419 

Total Annual Fee Amount for Other Uranium Recovery Licenses ................................................................................... $316,612 

The NRC will continue to use a matrix 

(which is included in the supporting 

work papers) to determine the level of 

effort associated with conducting the 

generic regulatory actions for the 

different (non-DOE) licensees in this fee 

class. The weights derived in this matrix 

are used to allocate the approximately 

$317,000 annual fee amount to these 

licensees. The use of this uranium 

recovery annual fee matrix was 

established in the FY 1995 final fee rule 

(60 FR 32217; June 20, 1995). The FY 

2010 matrix is described as follows. 

First, the methodology identifies the 

categories of licenses included in this 

fee class (besides DOE). In FY 2010, 

these categories are conventional 

uranium mills and heap leach facilities, 

uranium solution mining and resin ISR 

facilities, mill tailings disposal facilities 

(11e.(2) disposal facilities), and uranium 

water treatment facilities. 

Second, the matrix identifies the 

types of operating activities that support 

and benefit these licensees. In FY 2010, 

the activities related to generic 

decommissioning/reclamation are not 

included in the matrix, because they are 

included in the fee-relief activities. 

Therefore, they are not a factor in 

determining annual fees. The activities 

included in the FY 2010 matrix are 

operations, waste operations, and 

groundwater protection. The relative 

weight of each type of activity is then 

determined, based on the regulatory 

resources associated with each activity. 

The operations, waste operations, and 

groundwater protection activities have 

weights of 0, 5, and 10, respectively, in 

the FY 2010 matrix. 

Each year, the NRC determines the 

level of benefit to each licensee for 

generic uranium recovery program 

activities for each type of generic 

activity in the matrix. This is done by 

assigning, for each fee category, separate 

benefit factors for each type of 

regulatory activity in the matrix. Benefit 

factors are assigned on a scale of 0 to 10 

as follows: Zero (no regulatory benefit), 

five (moderate regulatory benefit), and 

ten (high regulatory benefit). These 

benefit factors are first multiplied by the 

relative weight assigned to each activity 

(described previously). Total benefit 

factors by fee category, and per licensee 

in each fee category, are then calculated. 

These benefit factors thus reflect the 

relative regulatory benefit associated 

with each licensee and fee category. The 

NRC expects to license an In Situ 

Recovery Resin Facility in FY 2010. 

Therefore, the benefit factors for fee 

category 2.A.(2)(d) have been included 

in the FY 2010 matrix, and an annual 

fee has been established. 

The benefit factors per licensee and 

per fee category, for each of the nonDOE fee categories included in the 

uranium recovery fee class, are as 

follows: 

TABLE XI—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 ................................................................................ 1 200 200 12 

Basic In Situ Recovery facilities ...................................................................................... 5 190 950 57 

Expanded In Situ Recovery facilities ............................................................................... 1 215 215 13

In Situ Recovery Resin Facilities ..................................................................................... 1 180 180 11 

11e.(2) disposal incidental to existing tailings sites ........................................................ 1 65 65 4 

Uranium water treatment ................................................................................................. 1 45 45 3 

The annual fee per licensee is 

calculated by dividing the total 

allocated budgeted resources for the fee 

category by the number of licensees in 

that fee category, as summarized in 

Table XII. Applying these factors to the 

approximately $317,000 in budgeted 

costs to be recovered from non-DOE 

uranium recovery licensees results in 

the following annual fees for FY 2010: 

TABLE XII—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES

[Other than DOE] 

Facility type 

(fee category) 

FY 2010 

annual fee 

Conventional and Heap Leach mills (2.A.(2)(a)) ................................................................................................................................. $38,300 

Basic In Situ Recovery facilities (2.A.(2)(b)) ....................................................................................................................................... 36,300 

Expanded In Situ Recovery facilities (2.A.(2)(c)) ................................................................................................................................ 41,100 

In Situ Recovery Resin facilities (2.A.(2)(d)) ....................................................................................................................................... 34,400 

11e.(2) disposal incidental to existing tailings sites (2.A.(4)) .............................................................................................................. 12,400 


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TABLE XII—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES—Continued 

[Other than DOE] 

Facility type 

(fee category) 

FY 2010 

annual fee 

Uranium water treatment (2.A.(5)) ....................................................................................................................................................... 8,600 

c. Operating Power Reactors 

The $475.9 million in budgeted costs 

to be recovered through FY 2010 annual 

fees assessed to the power reactor class 

was calculated as shown in Table XIII. 

FY 2009 values are shown for 

comparison. 

TABLE XIII—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations FY 2009 final FY 2010 proposed 

Total budgeted resources ........................................................................................................................................ $761.5 $787.3 

Less estimated part 170 receipts ............................................................................................................................ ¥288.8 ¥318.7 

Net part 171 resources ..................................................................................................................................... $472.7 $468.6 

Allocated generic transportation .............................................................................................................................. +0.9 +0.8 

Fee-relief adjustment/LLW surcharge ..................................................................................................................... ¥1.6 +7.5 

Billing adjustments ................................................................................................................................................... ¥3.6 ¥1.0 

Total required annual fee recovery .................................................................................................................. $468.3 $475.9 

The budgeted costs to be recovered 

through annual fees to power reactors 

are divided equally among the 104 

power reactors licensed to operate. This 

results in a FY 2010 annual fee of 

$4,576,000 per reactor, of which 

approximately $72,300 is the fee-relief 

adjustment/LLW surcharge. 

Additionally, each power reactor 

licensed to operate would be assessed 

the FY 2010 spent fuel storage/reactor 

decommissioning annual fee of 

$143,000. This results in a total FY 2010 

annual fee of $4,719,000 for each power 

reactor licensed to operate. 

The annual fee for power reactors is 

higher in FY 2010 than in FY 2009, 

primarily due to increased budgeted 

resources for licensing, international, 

oversight, and new reactor activities, 

and the increased fee-relief adjustment, 

which was a reduction in FY 2009. This 

increase is partially offset by a decrease 

in budgeted resources for incident 

response activities and higher estimated 

part 170 collections. The annual fees for 

power reactors are presented in 

§ 171.15. 

d. Spent Fuel Storage/Reactor 

Decommissioning 

For FY 2010, budgeted costs of 

approximately $17.6 million for spent 

fuel storage/reactor decommissioning 

are to be recovered through annual fees 

assessed to 10 CFR part 50 power 

reactors, and to part 72 licensees who 

do not hold a part 50 license. Those 

reactor licensees that have ceased 

operations and have no fuel onsite are 

not subject to these annual fees. Table 

XIV shows the calculation of this annual 

fee amount. FY 2009 values are shown 

for comparison. 

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

CLASS

[Dollars in millions] 

Summary fee calculations FY 2009 

Final 

FY 2010 

Proposed 

Total budgeted resources ........................................................................................................................................ $21.1 $24.1 

Less estimated part 170 receipts ............................................................................................................................ ¥6.1 ¥7.0 

Net part 171 resources ..................................................................................................................................... $15.0 $17.1 

Allocated generic transportation .............................................................................................................................. +0.2 +0.4 

Fee-relief adjustment ............................................................................................................................................... ¥0.1 +0.2 

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

Total required annual fee recovery .................................................................................................................. $15.1 $17.6 

The required annual fee recovery 

amount is divided equally among 123 

licensees, resulting in a FY 2010 annual 

fee of $143,000 per licensee. The value 

of total budgeted resources for this fee 

class is higher in FY 2010 than in FY 

2009, due to increased budgeted 

resources for information technology 

and legal support and for spent fuel 

storage licensing and certification 

activities. This increase is partially 

offset by a decrease in reactor 

decommissioning inspection and 

licensing activities. 


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e. Test and Research Reactors (Nonpower Reactors) 

Approximately $330,000 in budgeted 

costs is to be recovered through annual 

fees assessed to the test and research 

reactor class of licenses for FY 2010. 

Table XV summarizes the annual fee 

calculation for test and research reactors 

for FY 2010. FY 2009 values are shown 

for comparison. 

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

[Dollars in millions] 

Summary fee calculations FY 2009 

Final 

FY 2010 

Proposed 

Total budgeted resources ........................................................................................................................................ $1.22 $1.31 

Less estimated part 170 receipts ............................................................................................................................ ¥0.87 ¥1.01 

Net part 171 resources ..................................................................................................................................... $0.35 $0.30 

Allocated generic transportation .............................................................................................................................. +0.01 +0.02 

Fee-relief adjustment ............................................................................................................................................... ¥0.00 +0.01 

Billing adjustments ................................................................................................................................................... ¥0.01 ¥0.00 

Total required annual fee recovery .................................................................................................................. $0.35 $0.33 

This required annual fee recovery 

amount is divided equally among the 

four test and research reactors subject to 

annual fees and results in a FY 2010 

annual fee of $81,800 for each licensee. 

The decrease in annual fees from FY 

2009 to FY 2010 is due to a higher part 

170 revenue estimate for license 

renewal activity. 

f. Rare Earth Facilities 

The agency does not anticipate 

receiving an application for a rare earth 

facility this fiscal year, so no budget 

resources are allocated to this fee class, 

and no annual fee will be published in 

FY 2010. 

g. Materials Users 

Table XVI shows the calculation of 

the FY 2010 annual fee amount for 

materials users licensees. FY 2009 

values are shown for comparison. Note 

the following fee categories under 

§ 171.16 are included in this fee class: 

1.C., 1.D., 2.B., 2.C., 3.A. through 3.S., 

4.A. through 4.C., 5.A., 5.B., 6.A., 7.A. 

through 7.C., 8.A., 9.A. through 9.D., 16, 

and 17. 

TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations FY 2009 

Final 

FY 2010 

Proposed 

Total budgeted resources ........................................................................................................................................ $28.7 $ 28.8 

Less estimated part 170 receipts ............................................................................................................................ ¥1.7 ¥1.8 

Net part 171 resources ..................................................................................................................................... $27.0 $27.0 

Allocated generic transportation .............................................................................................................................. +0.8 +0.8 

Fee-relief adjustment/LLW surcharge ..................................................................................................................... +0.6 +0.9 

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

Total required annual fee recovery .................................................................................................................. $28.4 $28.7 

The total required annual fees to be 

recovered from materials licensees 

increases in FY 2010, mainly because of 

increases in the budgeted resources 

allocated to this fee class for legal 

support, information technology 

support, and enforcement activities. 

This is partially offset by a decrease in 

budgeted resources for licensing 

activities and higher estimated part 170 

revenue resulting from the higher FY 

2009 fees. Annual fees for all fee 

categories within the materials users fee 

class increase. The number of licensees 

decreased because of the transfer of 

licensees to the State of New Jersey, 

which became an Agreement State on 

September 30, 2009. 

To equitably and fairly allocate the 

$28.7 million in FY 2010 budgeted costs 

to be recovered in annual fees assessed 

to the approximately 3,150 diverse 

materials users licensees, the NRC will 

continue to base the annual fees for each 

fee category within this class on the 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 license, this approach 

continues to provide a proxy for 

allocating the generic and other 

regulatory costs to the diverse categories 

of licenses based on the NRC’s cost to 

regulate each category. This fee 

calculation also continues to consider 

the inspection frequency (priority), 

which is indicative of the safety risk and 

resulting regulatory costs associated 

with the categories of licenses. 

The annual fee for these categories of 

materials users licenses is developed as 

follows: 

Annual fee = Constant × [Application Fee 

+ (Average Inspection Cost divided by 

Inspection Priority)] + Inspection Multiplier 

× (Average Inspection Cost divided by 

Inspection Priority) + Unique Category Costs. 

The constant is the multiple necessary 

to recover approximately $20 million in 

general costs (including allocated 

generic transportation costs) and is 1.5 

for FY 2010. The average inspection cost 

is the average inspection hours for each 

fee category multiplied by the hourly 

rate of $259. The inspection priority is 


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the interval between routine 

inspections, expressed in years. The 

inspection multiplier is the multiple 

necessary to recover approximately $7.6 

million in inspection costs, and is 2.2 

for FY 2010. The unique category costs 

are any special costs that the NRC has 

budgeted for a specific category of 

licenses. For FY 2010, approximately 

$107,500 in budgeted costs for the 

implementation of revised 10 CFR part 

35, Medical Use of Byproduct Material 

(unique costs) has been allocated to 

holders of NRC human use licenses. 

The annual fee to be assessed to each 

licensee also includes a share of the feerelief adjustment of approximately 

$187,000 allocated to the materials users 

fee class (see Section II.B.1., 

‘‘Application of Fee-Relief and LowLevel Waste Surcharge,’’ of this 

document), and for certain categories of 

these licensees, a share of the 

approximately $719,000 in LLW 

surcharge costs allocated to the fee 

class. The annual fee for each fee 

category is shown in § 171.16(d). 

h. Transportation 

Table XVII shows the calculation of 

the FY 2010 generic transportation 

budgeted resources to be recovered 

through annual fees. FY 2009 values are 

shown for comparison. 

TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee calculations FY 2009 

Final 

FY 2010 

Proposed 

Total budgeted resources ........................................................................................................................................ $6.1 $6.6 

Less estimated part 170 receipts ............................................................................................................................ ¥2.9 ¥3.2 

Net part 171 resources ..................................................................................................................................... $3.1 $3.4 

The NRC must approve any package 

used for shipping nuclear material 

before shipment. If the package meets 

NRC requirements, the NRC issues a 

Radioactive Material Package Certificate 

of Compliance (CoC) to the organization 

requesting approval of a package. 

Organizations are authorized to ship 

radioactive material in a package 

approved for use under the general 

licensing provisions of 10 CFR part 71. 

The resources associated with generic 

transportation activities are distributed 

to the license fee classes based on the 

number of CoCs benefitting (used by) 

that fee class, as a proxy for the generic 

transportation resources expended for 

each fee class. 

The total FY 2010 budgeted resources 

for generic transportation activities, 

including those to support DOE CoCs, 

are $3.4 million. The budgeted 

resources for these activities are higher 

in FY 2010 than in FY 2009, mostly due 

to an increase in budgeted resources for 

homeland security safeguards, licensing, 

and certification activities. Generic 

transportation resources associated with 

fee-exempt entities are not included in 

this total. These costs are included in 

the appropriate fee-relief category (e.g., 

the fee-relief category for nonprofit 

educational institutions). 

Consistent with the policy established 

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

FR 30721; May 30, 2006), the NRC will 

recover generic transportation costs 

unrelated to DOE as part of existing 

annual fees for license fee classes. The 

NRC will continue 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. In FY 2010, the generic 

transportation cost allocated to most fee 

classes is higher than the FY 2009 cost, 

due to the increase in total budgeted 

resources allocated for transportation. 

The distribution of these resources to 

the license fee classes and DOE is 

shown in Table XVIII. The distribution 

is adjusted to account for the licensees 

in each fee class that are fee-exempt. For 

example, if 3 CoCs benefit the entire test 

and research reactor class, but only 4 of 

32 test and research reactors are subject 

to annual fees, the number of CoCs used 

to determine the proportion of generic 

transportation resources allocated to test 

and research reactor annual fees equals 

((4/32)*3), or 0.4 CoCs. 

TABLE XVIII—DISTRIBUTION OF GENERIC TRANSPORTATION RESOURCES, FY 2010 

[Dollars in millions] 

License fee class/DOE 

Number CoCs 

benefiting fee 

class or DOE 

Percentage of 

total CoCs 

Allocated generic transportation resources 

Total ............................................................................................................................................. 82.7 100.0 $3.38 

DOE ............................................................................................................................................. 21.0 25.4 0.86 

Operating Power Reactors .......................................................................................................... 19.0 23.0 0.78 

Spent Fuel Storage/Reactor Decommissioning .......................................................................... 9.0 10.9 0.37 

Test and Research Reactors ....................................................................................................... 0.4 0.5 0.02 

Fuel Facilities ............................................................................................................................... 13.0 15.7 0.53 

Materials Users ............................................................................................................................ 20.3 24.5 0.83 

The NRC is proposing to continue to 

assess an annual fee to DOE based on 

the part 71 CoCs it holds and not 

allocate these DOE-related resources to 

other licensees’ annual fees, because 

these resources specifically support 

DOE. Note that DOE’s proposed annual 

fee includes an increase for the fee-relief 

adjustment (see Section II.B.1, 

‘‘Application of Fee-Relief and LowLevel Waste Surcharge,’’ of this 

document), resulting in a total annual 

fee of $886,000 for FY 2010. This fee 

increase from last year is primarily due 

to an increase in budgeted resources for 


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transportation activities and a higher 

percentage of the total number of CoCs. 

4. Administrative Amendments 

The NRC is updating some of the 

program codes found next to the 

materials users fee categories in 

§ 171.16. The program codes were 

added in the FY 2008 final rule and the 

NRC plans to update the program codes 

as needed. 

In addition, the NRC is editing 

footnote 4 in § 171.16 to use the same 

descriptive language that is used for fee 

category 2.A(f) ‘‘Other facilities’’ that 

footnote 4 references. This does not 

change the meaning of footnote 4 but 

provides consistency. 

In summary, the NRC is proposing 

to— 

1. Recover the NRC’s fee-relief 

shortfall by increasing all licensees’ 

annual fees, based on their percent of 

the NRC budget; 

2. Revise the number of NRC licensees 

to reflect that the State of New Jersey 

became an Agreement State effective 

September 30, 2009; 

3. Establish rebaselined annual fees 

for FY 2010; and 

4. Make certain administrative 

changes for purposes of updating some 

program codes and providing rule 

consistency. 

III. Plain Language 

The Presidential Memorandum dated 

June 1, 1998, entitled ‘‘Plain Language in 

Government Writing,’’ directed that the 

Government’s writing be in plain 

language. This memorandum was 

published on June 10, 1998 (63 FR 

31883). The NRC requests specific 

comments on the clarity and 

effectiveness of the language in the 

proposed rule. Comments should be 

sent to the address listed under the 

ADDRESSES heading. 

IV. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995 (15 

U.S.C. 3701) requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies, unless 

using these standards is inconsistent 

with applicable law or is otherwise 

impractical. The NRC is proposing to 

amend the licensing, inspection, and 

annual fees charged to its licensees and 

applicants as necessary to recover 

approximately 90 percent of its budget 

authority in FY 2010, as required by the 

Omnibus Budget Reconciliation Act of 

1990, as amended. This action does not 

constitute the establishment of a 

standard that contains generally 

applicable requirements. 

V. Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

proposed rule is the type of action 

described in categorical exclusion 10 

CFR 51.22(c)(1). Therefore, neither an 

environmental assessment nor an 

environmental impact statement has 

been prepared for the proposed rule. By 

its very nature, this regulatory action 

does not affect the environment and, 

therefore, no environmental justice 

issues are raised. 

VI. Paperwork Reduction Act 

Statement 

This proposed rule does not contain 

information collection requirements 

and, therefore, is not subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement, 

unless the requesting document 

displays a currently valid OMB control 

number. 

VII. Regulatory Analysis 

With respect to 10 CFR part 170, this 

proposed rule was developed under 

Title V of the IOAA (31 U.S.C. 9701) 

and the Commission’s fee guidelines. 

When developing these guidelines, the 

Commission took into account guidance 

provided by the U.S. Supreme Court on 

March 4, 1974, in National Cable 

Television Association, Inc. v. United 

States, 415 U.S. 36 (1974) and Federal 

Power Commission v. New England 

Power Company, 415 U.S. 345 (1974). In 

these decisions, the Court held that the 

IOAA authorizes an agency to charge 

fees for special benefits rendered to 

identifiable persons measured by the 

‘‘value to the recipient’’ of the agency 

service. The meaning of the IOAA was 

further clarified on December 16, 1976 

by four decisions of the U.S. Court of 

Appeals for the District of Columbia: 

National Cable Television Association 

v. Federal Communications 

Commission, 554 F.2d 1094 (DC Cir. 

1976); National Association of 

Broadcasters v. Federal 

Communications Commission, 554 F.2d 

1118 (DC Cir. 1976); Electronic 

Industries Association v. Federal 

Communications Commission, 554 F.2d 

1109 (DC Cir. 1976); and Capital Cities 

Communication, Inc. v. Federal 

Communications Commission, 554 F.2d 

1135 (DC Cir. 1976). The Commission’s 

fee guidelines were developed based on 

these legal decisions. 

The Commission’s fee guidelines were 

upheld on August 24, 1979, by the U.S. 

Court of Appeals for the Fifth Circuit in 

Mississippi Power and Light Co. v. U.S. 

Nuclear Regulatory Commission, 601 

F.2d 223 (5th Cir. 1979), cert. denied, 

444 U.S. 1102 (1980). This court held 

that— 

(1) The NRC had the authority to 

recover the full cost of providing 

services to identifiable beneficiaries; 

(2) The NRC could properly assess a 

fee for the costs of providing routine 

inspections necessary to ensure a 

licensee’s compliance with the Atomic 

Energy Act of 1954, as amended, and 

with applicable regulations; 

(3) The NRC could charge for costs 

incurred in conducting environmental 

reviews required by the National 

Environmental Policy Act (42 U.S.C. 

4321); 

(4) The NRC properly included the 

costs of uncontested hearings and of 

administrative and technical support 

services in the fee schedule; 

(5) The NRC could assess a fee for 

renewing a license to operate a lowlevel radioactive waste burial site; and 

(6) The NRC’s fees were not arbitrary 

or capricious. 

With respect to 10 CFR part 171, on 

November 5, 1990, the Congress passed 

OBRA–90, which required that, for FYs 

1991 through 1995, approximately 100 

percent of the NRC budget authority, 

less appropriations from the NWF, be 

recovered through the assessment of 

fees. OBRA–90 was subsequently 

amended to extend the 100 percent fee 

recovery requirement through FY 2000. 

The FY 2001 Energy and Water 

Development Appropriation Act 

(EWDAA) amended OBRA–90 to 

decrease the NRC’s fee recovery amount 

by 2 percent per year beginning in FY 

2001, until the fee recovery amount was 

90 percent in FY 2005. The FY 2006 

EWDAA extended this 90 percent fee 

recovery requirement for FY 2006. 

Section 637 of the Energy Policy Act of 

2005 made the 90 percent fee recovery 

requirement permanent in FY 2007. As 

a result, the NRC is required to recover 

approximately 90 percent of its FY 2010 

budget authority, less the amounts 

appropriated from the NWF, WIR, and 

generic homeland security activities 

through fees. To comply with this 

statutory requirement and in accordance 

with § 171.13, the NRC is publishing the 

amount of the FY 2010 annual fees for 

reactor licensees, fuel cycle licensees, 

materials licensees, and holders of 

CoCs, registrations of sealed source and 

devices, and Government agencies. 

OBRA–90, consistent with the 

accompanying Conference Committee 


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Report, and the amendments to OBRA– 

90, provides that— 

(1) The annual fees will be based on 

approximately 90 percent of the 

Commission’s FY 2010 budget of 

$1,066.9 million less the funds directly 

appropriated from the NWF to cover the 

NRC’s high-level waste program, and for 

WIR, generic homeland security 

activities, and less the amount of funds 

collected from part 170 fees; 

(2) The annual fees shall, to the 

maximum extent practicable, have a 

reasonable relationship to the cost of 

regulatory services provided by the 

Commission; and 

(3) The annual fees be assessed to 

those licensees the Commission, in its 

discretion, determines can fairly, 

equitably, and practicably contribute to 

their payment. 

Part 171, which established annual 

fees for operating power reactors, 

effective October 20, 1986 (51 FR 33224; 

September 18, 1986), was challenged 

and upheld in its entirety in Florida 

Power and Light Company v. United 

States, 846 F.2d 765 (DC Cir. 1988), cert. 

denied, 490 U.S. 1045 (1989). Further, 

the NRC’s FY 1991 annual fee rule 

methodology was upheld by the DC 

Circuit Court of Appeals in Allied 

Signal v. NRC, 988 F.2d 146 (DC Cir. 

1993). 

VIII. Regulatory Flexibility Analysis 

The NRC is required by the OBRA–90, 

as amended, to recover approximately 

90 percent of its FY 2010 budget 

authority through the assessment of user 

fees. This Act further requires that the 

NRC establish a schedule of charges that 

fairly and equitably allocates the 

aggregate amount of these charges 

among licensees. 

This proposed rule would establish 

the schedules of fees that are necessary 

to implement the Congressional 

mandate for FY 2010. This rule would 

result in increases in the annual fees 

charged to certain licensees and holders 

of certificates, registrations, and 

approvals, and in decreases in annual 

fees charged to others. Licensees 

affected by the annual fee increases and 

decreases include those that qualify as 

a small entity under NRC’s size 

standards in 10 CFR 2.810. The 

Regulatory Flexibility Analysis, 

prepared in accordance with 5 U.S.C. 

604, is included as Appendix A to this 

proposed rule. 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

requires all Federal agencies to prepare 

a written compliance guide for each rule 

for which the agency is required by 5 

U.S.C. 604 to prepare a regulatory 

flexibility analysis. Therefore, in 

compliance with the law, Attachment 1 

to the Regulatory Flexibility Analysis is 

the small entity compliance guide for 

FY 2010. 

IX. Backfit Analysis 

The NRC has determined that the 

backfit rule, 10 CFR 50.109, does not 

apply to this proposed rule and that a 

backfit analysis is not required for this 

proposed rule. The backfit analysis is 

not required because these amendments 

do not require the modification of, or 

additions to, systems, structures, 

components, or the design of a facility, 

or the design approval or manufacturing 

license for a facility, or the procedures 

or organization required to design, 

construct, or operate a facility. 

List of Subjects 

10 CFR Part 170 

Byproduct material, Import and 

export licenses, Intergovernmental 

relations, Non-payment penalties, 

Nuclear materials, Nuclear power plants 

and reactors, Source material, Special 

nuclear material. 

10 CFR Part 171 

Annual charges, Byproduct material, 

Holders of certificates, Registrations, 

Approvals, Intergovernmental relations, 

Non-payment penalties, Nuclear 

materials, Nuclear power plants and 

reactors, 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, the NRC 

is proposing to adopt the following 

amendments to 10 CFR parts 170 and 

171. 

PART 170—FEES FOR FACILITIES, 

MATERIALS, IMPORT AND EXPORT 

LICENSES, AND OTHER 

REGULATORY SERVICES UNDER THE 

ATOMIC ENERGY ACT OF 1954, AS 

AMENDED 

1. The authority citation for part 170 

continues to read as follows: 

Authority: Section 9701, Pub. L. 97–258, 

96 Stat. 1051 (31 U.S.C. 9701); sec. 301, Pub. 

L. 92–314, 86 Stat. 227 (42 U.S.C. 2201w); 

sec. 201, Pub. L. 93–438, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); sec. 205a, Pub. L. 

101–576, 104 Stat. 2842, as amended (31 

U.S.C. 901, 902); sec. 1704, 112 Stat. 2750 (44 

U.S.C. 3504 note), sec. 623, Pub. L. 109–58, 

119 Stat. 783 (42 U.S.C. 2201(w)); sec. 651(e), 

Pub. L.109–58, 119 Stat. 806–810 (42 U.S.C. 

2014, 2021, 2021b, 2111). 

2. In § 170.11, the introductory text of 

paragraph (a)(1), is revised to read as 

follows: 

§ 170.11 Exemptions. 

(a) * * * 

(1) A special project that is a request/ 

report submitted to the NRC— 

* * * * * 

3. Section 170.20 is revised to read as 

follows: 

§ 170.20 Average cost per professional 

staff-hour. 

Fees for permits, licenses, 

amendments, renewals, special projects, 

10 CFR part 55 re-qualification and 

replacement examinations and tests, 

other required reviews, approvals, and 

inspections under ’’ 170.21 and 170.31 

will be calculated using the professional 

staff-hour rate of $259 per hour. 

4. In § 170.21, in the table, fee 

category K is revised to read as follows: 

§ 170.21 Schedule of fees for production 

and utilization facilities, review of standard 

referenced design approvals, special 

projects, inspections, and import and 

export licenses. 

* * * * * 

SCHEDULE OF FACILITY FEES

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

* * * * * * * 

K. Import and export licenses: 

Licenses for the import and export only of production and utilization facilities or the export only of components for production and utilization facilities issued under 10 CFR part 110. 

1. Application for import or export of production and 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 ................................................................................... $16,900 


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SCHEDULE OF FACILITY FEES—Continued 

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

2. Application for export of reactor and other components requiring Executive Branch review only, for example, those actions 

under 10 CFR 110.41(a)(1)–(8). 

Application—new license, or amendment; or license exemption request ................................................................................... 9,900 

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 ................................................................................... 4,200 

4. Application for export of facility components and equipment (examples provided in 10 CFR part 110, Appendix A, Items (5) 

through (9)) not requiring Commission or Executive Branch review, or obtaining foreign government assurances. 

Application—new license, or amendment; or license exemption request ................................................................................... 2,600 

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 ........................................................................................................................................................ 780 

1Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under § 2.202 of this chapter or 

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

will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 

CFR 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. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984 

and July 2, 1990 rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 

29, 1989 will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989 will be assessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989 

through August 8, 1991 will not be billed to the applicant. Any professional hours expended on or after August 9, 1991 will be assessed at the 

applicable rate established in § 170.20. 

*******

4 Imports only of major components for end-use at NRC-licensed reactors are now authorized under NRC general import license. 

5. In § 170.31, the table is revised to 

read as follows: 

§ 170.31 Schedule of fees for materials 

licenses and other regulatory services, 

including inspections and import and 

export licenses. 

* * * * * 

SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

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

1. Special nuclear material: 

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

(a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21130] ................................................ Full Cost. 

(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [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.

(a) Facilities with limited operations [Program Code(s): 21310, 21320] ................................................................................. Full Cost. 

(b) Gas centrifuge enrichment demonstration facilities ........................................................................................................... Full Cost. 

(c) Others, including hot cell facilities ...................................................................................................................................... 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) [Program Code(s): 23200].

Full Cost. 

C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial 

measuring systems, including x-ray fluorescence analyzers.4

Application [Program Code(s): 22140] .................................................................................................................................... $1,200. 

D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in combination that would constitute a critical quantity, as defined in § 150.11 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, 22163, 22170, 23100, 

23300, 23310].

$2,400. 

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

2. Source material: 

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

[Program Code(s): 11400].

Full Cost. 


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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a 

standby mode. 

(a) Conventional and Heap Leach facilities [Program Code(s): 11100] ................................................................................. Full Cost. 

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

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

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

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

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

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

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

2.A.(4) [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) [Program Code(s): 12010].

Full Cost. 

(5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from 

drinking water [Program Code(s): 11820].

Full Cost. 

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

Application [Program Code(s): 11210] .................................................................................................................................... $570. 

C. All other source material licenses. 

Application [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] ........................................................... $10,200. 

3. Byproduct material: 

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. 

Application [Program Code(s): 03211, 03212, 03213] ............................................................................................................ $12,100. 

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. 

Application [Program Code(s): 03214, 03215, 22135, 22162] ................................................................................................ $4,600. 

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). These licenses are covered by fee Category 3.D. 

Application [Program Code(s): 02500, 02511, 02513] ............................................................................................................ $6,600. 

D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribution of 

radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of byproduct material. 

This category includes licenses issued under §§ 32.72 and/or 32.74 of this chapter to nonprofit educational institutions 

whose processing or manufacturing is exempt under § 170.11(a)(4). 

Application [Program Code(s): 02512, 02514] ........................................................................................................................ $4,400. 

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] ........................................................................................................................ $3,000. 

F. Licenses for possession and use of less 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): 03511] .................................................................................................................................... $6,100. 

G. Licenses for possession and use of 10,000 curies or more 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] .................................................................................................................................... $29,000. 

H. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material that require 

device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include 

specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. 

Application [Program Code(s): 03254, 03255] ........................................................................................................................ $5,500. 

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] ................................................................................... $10,100. 

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] ............................................................................................................ $1,900. 

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. 


erowe on DSK5CLS3C1PROD with PROPOSALS3
11392 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. 

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ........................................................... $10,200. 

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] .................................................................................................................................... $3,500. 

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] ............................................................................................................ $6,100. 

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

Application [Program Code(s): 03310, 03320] ........................................................................................................................ $5,800. 

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

Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, 

03810, 22130].

$1,400. 

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

Registration .............................................................................................................................................................................. $320. 

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.6

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] .................................................................................................................................... $1,190. 

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

S. Licenses for production of accelerator-produced radionuclides. 

Application [Program Code(s): 03210] .................................................................................................................................... $6,600. 

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].

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] .................................................................................................................................... $4,500. 

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] .................................................................................................................................... $4,700. 

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. 

Application [Program Code(s): 03110, 03111, 03112] ............................................................................................................ $3,400. 

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

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

6. Nuclear laundries: 

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

nuclear material. 

Application [Program Code(s): 03218] .................................................................................................................................... $20,700. 

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. 

Application [Program Code(s): 02300, 02310] ........................................................................................................................ $11,300. 

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. 

Application [Program Code(s): 02110] .................................................................................................................................... $8,100. 

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. 

Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ...................... $2,300. 

8. Civil defense: 


erowe on DSK5CLS3C1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 11393 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

Category of materials licenses and type of fees 1 Fee 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] .................................................................................................................................... $1,190. 

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 ........................................................................................................................................................ $8,400. 

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 ........................................................................................................................................................ $8,400. 

C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution. 

Application—each source ........................................................................................................................................................ $5,900. 

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 ........................................................................................................................................................ $990. 

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

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

2. Users. 

Application ........................................................................................................................................................................ $3,200. 

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

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

devices).

Full Cost. 

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

12. Special projects: 

Including approvals, preapplication/licensing activities, and inspections ....................................................................................... 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. 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.Full Cost. 

B. Site-specific decommissioning activities associated with unlicensed sites, 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 ....................................................................... $16,900. 

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 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 ....................................................................... $9,900. 

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

D. Application for export or import of nuclear material, including radioactive waste, not requiring Commission or Executive Branch review, or obtaining foreign government assurances. This category includes applications for export or import of radioactive waste where the NRC has previously authorized the export or import of the same form of waste to 

or from the same or similar parties located in the same country, requiring only confirmation from the receiving facility 

and licensing authorities that the shipments may proceed according to previously agreed understandings and procedures. 

Application—new license, or amendment; or license exemption request ....................................................................... $2,600. 

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 ............................................................................................................................................................. $780. 

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.).5

Category 1 Exports: 

F. Application for export of Category 1 materials involving an exceptional circumstances review under 10 CFR 

110.42(e)(4). 


erowe on DSK5CLS3C1PROD with PROPOSALS3
11394 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

Application—new license, or amendment; or license exemption request ....................................................................... $16,900. 

G. Application for export of Category 1 materials requiring Executive Branch review, Commission review, and/or government-to-government consent. 

Application—new license, or amendment; or license exemption request ....................................................................... $9,900. 

H. Application for export of Category 1 materials requiring Commission review and government-to-government consent. 

Application—new license, or amendment; or license exemption request ....................................................................... $6,200. 

I. Application for export of Category 1 material requiring government-to-government consent. 

Application—new license, or amendment; or license exemption request ....................................................................... $5,200. 

Category 2 Exports: 

J. Application for export of Category 2 materials involving an exceptional circumstances review under 10 CFR 

110.42(e)(4). 

Application—new license, or amendment; or license exemption request ....................................................................... $16,900. 

K. Applications for export of Category 2 materials requiring Executive Branch review and/or Commission review. 

Application—new license, or amendment; or license exemption request ....................................................................... $9,900. 

L. Application for the export of Category 2 materials. 

Application—new license, or amendment; or license exemption request ....................................................................... $4,700. 

Category 1 Imports: 

M. Application for the import of Category 1 material requiring Commission review. 

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

N. Application for the import of Category 1 material. 

Application—new license, or amendment; or license exemption request ....................................................................... $4,200. 

Category 2 Imports: 

O. Application for the import of Category 2 material. 

Application—new license, or amendment; or license exemption request ....................................................................... $3,600. 

Category 1 Imports with Agent and Multiple Licensees: 

P. Application for the import of Category 1 material with agent and multiple licensees requiring Commission review. 

Application—new license, or amendment; or license exemption request ....................................................................... $5,700. 

Q. Application for the import of Category 1 material with agent and multiple licensees. 

Application—new license, or amendment; or license exemption request ....................................................................... $4,700. 

Minor Amendments (Category 1 and 2 Export and Imports): 

R. 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 authorities. 

Minor amendment ............................................................................................................................................................. $780. 

16. Reciprocity: 

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

Application ............................................................................................................................................................................... $1,900. 

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

Application ............................................................................................................................................................................... $73,800. 

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 non-routine 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. 


erowe on DSK5CLS3C1PROD with PROPOSALS3
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 11395 

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

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

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

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

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

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

fee for sealed source and device evaluations as shown in 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. For applications currently on file for 

which review costs have reached an applicable fee ceiling established by the June 20, 1984 and July 2, 1990 rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989 will not be billed to the applicant. Any 

professional staff-hours expended above those ceilings on or after January 30, 1989 will be assessed at the applicable rates established by 

§ 170.20, as appropriate, except for topical reports for which costs exceed $50,000. Costs which exceed $50,000 for each topical report, amendment, revision, or supplement to a topical report completed or under review from January 30, 1989 through August 8, 1991 will not be billed to 

the applicant. Any professional hours expended on or after August 9, 1991 will be assessed at the applicable rate established in § 170.20. 4 Licensees paying fees under Categories 1.A., 1.B., and 1.E. are not subject to fees under Categories 1.C. and 1.D. for sealed sources authorized in the same license, except for an application that deals only with the sealed sources authorized by the license. 5 For a combined import and export license application for material listed in Appendix P to part 110 of this chapter, only the higher of the two 

applicable fee amounts must be paid. 6 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this 

category. (This exception does not apply if the radium sources are possessed for storage only.) 

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. 

6. The authority citation for part 171 

continues to read as follows: 

Authority: Section 7601, Pub. L. 99–272, 

100 Stat. 146, as amended by sec. 5601, Pub. 

L. 100–203, 101 Stat. 1330, as amended by 

sec. 3201, Pub. L. 101–239, 103 Stat. 2132, 

as amended by sec. 6101, Pub. L. 101–508, 

104 Stat. 1388, as amended by sec. 2903a, 

Pub. L. 102–486, 106 Stat. 3125 (42 U.S.C. 

2213, 2214), and as amended by Title IV, 

Pub. L. 109–103, 119 Stat. 2283 (42 U.S.C. 

2214); sec. 301, Pub. L. 92–314, 86 Stat. 227 

(42 U.S.C. 2201w); sec. 201, Pub. L. 93–438, 

88 Stat. 1242, as amended (42 U.S.C. 5841); 

sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 

note), sec. 651(e), Pub. L. 109–58, 119 Stat. 

806–810 (42 U.S.C. 2014, 2021, 2021b, 2111). 

7. In § 171.15, paragraph (b)(1), the 

introductory text of paragraph (b)(2), 

paragraph (c)(1), the introductory text of 

paragraph (c)(2) and the introductory 

text of paragraph (d)(1), and paragraphs 

(d)(2), (d)(3), and paragraph (e), are 

revised to read as follows: 

§ 171.15 Annual fees: Reactor licenses 

and independent spent fuel storage 

licenses. 

* * * * * 

(b)(1) The FY 2010 annual fee for each 

operating power reactor which must be 

collected by September 30, 2010 is 

$4,719,000. 

(2) The FY 2010 annual fee is 

comprised of a base annual fee for 

power reactors licensed to operate, a 

base spent fuel storage/reactor 

decommissioning annual fee, and 

associated additional charges (fee-relief 

adjustment). The activities comprising 

the spent storage/reactor 

decommissioning base annual fee are 

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

this section. The activities comprising 

the FY 2010 fee-relief adjustment are 

shown in paragraph (d)(1) of this 

section. The activities comprising the 

FY 2010 base annual fee for operating 

power reactors are as follows: 

* * * * * 

(c)(1) The FY 2010 annual fee for each 

power reactor holding a 10 CFR part 50 

license that is in a decommissioning or 

possession-only status and has spent 

fuel onsite, and for each independent 

spent fuel storage 10 CFR part 72 

licensee who does not hold a 10 CFR 

part 50 license, is $143,000. 

(2) The FY 2010 annual fee is 

comprised of a base spent fuel storage/ 

reactor decommissioning annual fee 

(which is also included in the operating 

power reactor annual fee shown in 

paragraph (b) of this section) and an 

additional charge (fee-relief adjustment). 

The activities comprising the FY 2010 

fee-relief adjustment are shown in 

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

activities comprising the FY 2010 spent 

fuel storage/reactor decommissioning 

rebaselined annual fee are: 

* * * * * 

(d)(1) The fee-relief adjustment 

allocated to annual fees includes a 

surcharge for the activities listed in 

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

the amount remaining after total 

budgeted resources for the activities 

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

(d)(1)(iii) of this section are reduced by 

the appropriations the NRC receives for 

these types of activities. If the NRC’s 

appropriations for these types of 

activities are greater than the budgeted 

resources for the activities included in 

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

this section for a given FY, annual fees 

will be reduced. The activities 

comprising the FY 2010 fee-relief 

adjustment are as follows: 

* * * * * 

(2) The total FY 2010 fee-relief 

adjustment allocated to the operating 

power reactor class of licenses is $7.5 

million, not including the amount 

allocated to the spent fuel storage/ 

reactor decommissioning class. The FY 

2010 operating power reactor fee-relief 

adjustment to be assessed to each 

operating power reactor is 

approximately $72,300. This amount is 

calculated by dividing the total 

operating power reactor fee-relief 

adjustment ($7.5 million) by the number 

of operating power reactors (104). 

(3) The FY 2010 fee-relief adjustment 

allocated to the spent fuel storage/ 

reactor decommissioning class of 

licenses is $194,500. The FY 2010 spent 

fuel storage/reactor decommissioning 

fee-relief adjustment to be assessed to 

each operating power reactor, each 

power reactor in decommissioning or 

possession-only status that has spent 

fuel onsite, and to each independent 

spent fuel storage 10 CFR part 72 

licensee who does not hold a 10 CFR 

part 50 license, is approximately $1,581. 

This amount is calculated by dividing 

the total fee-relief adjustment costs 

allocated to this class by the total 

number of power reactor licenses, 

except those that permanently ceased 

operations and have no fuel onsite, and 

10 CFR part 72 licensees who do not 

hold a 10 CFR part 50 license. 

(e) The FY 2010 annual fees for 

licensees authorized to operate a test 

and research (non-power) reactor 

licensed under part 50 of this chapter, 

unless the reactor is exempted from fees 

under § 171.11(a), are as follows: 

Research reactor .......................... $81,800 

Test reactor .................................. $81,800 

8. In § 171.16, the introductory text of 

paragraph (b), paragraphs (c) and (d), 


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11396 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 

and the introductory text of paragraph 

(e) are revised to read as follows: 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(b) The annual fee is comprised of a 

base annual fee and an allocation for 

fee-relief adjustment. The activities 

comprising the fee-relief adjustment are 

shown in paragraph (e) of this section. 

The base annual fee is the sum of 

budgeted costs for the following 

activities: 

* * * * * 

(c) A licensee who is required to pay 

an annual fee under this section may 

qualify as a small entity. If a licensee 

qualifies as a small entity and provides 

the Commission with the proper 

certification along with its annual fee 

payment, the licensee may pay reduced 

annual fees as shown in the following 

table. Failure to file a small entity 

certification in a timely manner could 

result in the receipt of a delinquent 

invoice requesting the outstanding 

balance due and/or denial of any refund 

that might otherwise be due. The small 

entity fees are as follows: 

Maximum 

annual fee per 

licensed 

category 

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

$450,000 to $6.5 million ............................................................................................................................................................... $1,900 

Less than $450,000 ...................................................................................................................................................................... 400 

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

$450,000 to $6.5 million ............................................................................................................................................................... 1,900 

Less than $450,000 ...................................................................................................................................................................... 400 

Manufacturing entities that have an average of 500 employees or fewer: 

35 to 500 employees .................................................................................................................................................................... 1,900 

Fewer than 35 employees ............................................................................................................................................................ 400 

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

20,000 to 50,000 .......................................................................................................................................................................... 1,900 

Fewer than 20,000 ....................................................................................................................................................................... 400 

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

35 to 500 employees .................................................................................................................................................................... 1,900 

Fewer than 35 employees ............................................................................................................................................................ 400 

(d) The FY 2010 annual fees are 

comprised of a base annual fee and an 

allocation for fee-relief adjustment. The 

activities comprising the FY 2010 feerelief adjustment are shown for 

convenience in paragraph (e) of this 

section. The FY 2010 annual fees for 

materials licensees and holders of 

certificates, registrations, or approvals 

subject to fees under this section are 

shown in the following table: 

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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

1. Special nuclear material: 

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

(a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21130] .............................................. $5,442,000 

(b) Low Enriched Uranium in Dispersible Form sed for Fabrication of Power Reactor Fuel [Program Code(s): 21210] ... 2,048,000 

(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 [Program Code(s): 21310, 21320] .............................................................................. 702,000 

(b) Gas centrifuge enrichment demonstration facilities ........................................................................................................ 1,053,000 

(c) Others, including hot cell facilities ................................................................................................................................... 527,000 

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) [Program Code(s): 23200] ............................................................................. 11 N/A 

C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial 

measuring systems, including x-ray fluorescence analyzers [Program Code(s): 22140] ........................................................ 3,300 

D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in combination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay 

the same fees as those for Category 1.A.(2) [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 

22161, 22163, 22170, 23100, 23300, 23310] .......................................................................................................................... 9,300 

E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] ................................. 2,809,000 

2. Source material: 

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

[Program Code(s): 11400] ........................................................................................................................................................ 1,112,000 

(2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leaching, ore buying stations, ion-exchange facilities and in-processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) 

from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in 

a standby mode: 

(a) Conventional and Heap Leach facilities [Program Code(s): 11100] ............................................................................... 38,300 

(b) Basic In Situ Recovery facilities [Program Code(s): 11500] ........................................................................................... 36,300 

(c) Expanded In Situ Recovery facilities [Program Code(s): 11510] .................................................................................... 41,100 


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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

(d) In Situ Recovery Resin facilities [Program Code(s): 11550] ........................................................................................... 34,400 

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

(f) Other facilities 4 [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) [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) [Program Code(s): 12010] ........ 12,400 

(5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from 

drinking water [Program Code(s): 11820] ................................................................................................................................ 8,600 

B. Licenses that authorize only the possession, use, and/or installation of source material for shielding [Program Code(s): 

11210] ....................................................................................................................................................................................... 1,600 

C. All other source material licenses [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] ....................... 21,100 

3. Byproduct material: 

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

processing or manufacturing of items containing byproduct material for commercial distribution [Program Code(s): 03211, 

03212, 03213] ........................................................................................................................................................................... 49,200 

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 [Program Code(s): 03214, 03215, 22135, 

22162] ....................................................................................................................................................................................... 12,700 

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter authorizing the processing or manufacturing and distribution 

or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category also includes the possession and use of source material for shielding authorized under part 40 of 

this chapter when included on the same license. This category does not apply to licenses issued to nonprofit educational 

institutions whose processing or manufacturing is exempt under § 171.11(a)(1). These licenses are covered by fee under 

Category 3.D. [Program Code(s): 02500, 02511, 02513] ........................................................................................................ 16,700 

D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribution of 

radiopharmaceuticals, generators, reagent kits and/or sources or devices not involving processing of byproduct material. 

This category includes licenses issued under §§ 32.72 and 32.74 of this chapter to nonprofit educational institutions 

whose processing or manufacturing is exempt under § 171.11(a)(1). This category also includes the possession and use 

of source material for shielding authorized under part 40 of this chapter when included on the same license [Program 

Code(s): 02512, 02514] ............................................................................................................................................................ 10,600 

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] .......................................................... 8,200 

F. Licenses for possession and use of less 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): 03511] ......................... 15,500 

G. Licenses for possession and use of 10,000 curies or more 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] ......................... 76,900 

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] ........................................................................................ 9,900 

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

of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 

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

persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03250, 03251, 03252, 

03253, 03256] ........................................................................................................................................................................... 18,100 

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

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

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

of this chapter [Program Code(s): 03240, 03241, 03243] ........................................................................................................ 4,200 

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

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

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

persons generally licensed under part 31 of this chapter [Program Code(s): 03242, 03244] ................................................. 3,000 

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

research and development that do not authorize commercial distribution [Program Code(s): 01100, 01110, 01120, 03610, 

03611, 03612, 03613] ............................................................................................................................................................... 24,300 

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] .............................................................. 9,100 

N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C. [Program Code(s): 03219, 03225, 03226] ....... 13,800 

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 [Program Code(s): 03310, 03320] .......................................................... 28,200 


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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. [Program Code(s): 02400, 

02410, 03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, 03810, 22130] ................................................. 4,500 

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] ..................................................... 4,100 

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] ................................................................................................................................................. 4,500 

S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................... 15,000 

4. Waste disposal and processing: 

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

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

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

of packages to another person authorized to receive or dispose of waste material [Program Code(s): 03231, 03233, 

03235, 03236, 06100, 06101] ................................................................................................................................................... 5 N/A 

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] ................................ 23,100 

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

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] ............. 12,000 

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] ....................................................................................................................... 42,900 

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 [Program Code(s): 02300, 02310] ........................................................................................ 21,300 

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

[Program Code(s): 02110] ........................................................................................................................................................ 45,100 

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 [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 

02230, 02231, 02240, 22160] ................................................................................................................................................... 7,600 

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] ............................................................................................................................................. 4,100 

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 .................................................................. 12,600 

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 ....................................................................................................................................................... 12,600 

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

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

except reactor fuel .................................................................................................................................................................... 1,500 

10. Transportation of radioactive material: 

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

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

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

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

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

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

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

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

11. Standardized spent fuel facilities 6 N/A 

12. Special Projects 6 N/A 


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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

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

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

14. Decommissioning/Reclamation: 

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter ......................................... 7 N/A 

B. Site-specific decommissioning activities associated with unlicensed sites, 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 ................................................................................ 235,000 

18. Department of Energy: 

A. Certificates of Compliance ....................................................................................................................................................... 10 886,000 

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities .......................................................................................... 590,000 

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, 2009, 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. Licensees paying annual fees under Category 

1.A.(1) are not subject to the annual fees for Categories 1.C. and 1.D. for sealed sources authorized in the license. 2Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. 

Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter. 3Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal 

Register for notice and comment. 4Other facilities include licenses for extraction of metals, heavy metals, and rare earths. 

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

special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports. 7 Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate. 8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. 9Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses 

under Categories 7.B. or 7.C. 10This includes Certificates of Compliance issued to the 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.) 

(e) The fee-relief adjustment allocated 

to annual fees includes the budgeted 

resources for the activities listed in 

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

total budgeted resources for the 

activities included in paragraphs (e)(2) 

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

the appropriations NRC receives for 

these types of activities. If the NRC’s 

appropriations for these types of 

activities are greater than the budgeted 

resources for the activities included in 

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

section for a given FY, a negative feerelief adjustment (or annual fee 

reduction) will be allocated to annual 

fees. The activities comprising the FY 

2010 fee-relief adjustment are as 

follows: 

* * * * * 

Dated at Rockville, Maryland, this 23rd day 

of February 2010. 

For the Nuclear Regulatory Commission. 

J.E. Dyer, 

Chief Financial Officer. 

Note: This Appendix will not appear in the 

Code of Federal Regulations. 

Appendix A to This Proposed Rule— 

Regulatory Flexibility Analysis for the 

Final Amendments to 10 CFR Part 170 

(License Fees) and 10 CFR Part 171 

(Annual Fees) 

I. Background 

The Regulatory Flexibility Act (RFA), as 

amended 5 U.S.C. 601 et seq., requires that 

agencies consider the impact of their 

rulemakings on small entities and, consistent 

with applicable statutes, consider 

alternatives to minimize these impacts on the 

businesses, organizations, and government 

jurisdictions to which they apply. 

The NRC has established standards for 

determining which NRC licensees qualify as 

small entities (10 CFR 2.810). These 

standards were based on the Small Business 

Administration’s most common receiptsbased size standards and provides for 

business concerns that are manufacturing 

entities. The NRC uses the size standards to 

reduce the impact of annual fees on small 

entities by establishing a licensee’s eligibility 

to qualify for a maximum small entity fee. 

The small entity fee categories in § 171.16(c) 

of this proposed rule are based on the NRC’s 

size standards. 

The NRC is required each year, under 

OBRA–90, as amended, to recover 

approximately 90 percent of its budget 

authority (less amounts appropriated from 

the NWF and for other activities specifically 

removed from the fee base), through fees to 

NRC licensees and applicants. In total, the 

NRC is required to bill approximately $911.1 

million in fees for FY 2010. 

OBRA–90 requires that the schedule of 

charges established by rulemaking should 

fairly and equitably allocate the total amount 

to be recovered from the NRC’s licensees and 

be assessed under the principle that licensees 

who require the greatest expenditure of 


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11400 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 

agency resources pay the greatest annual 

charges. Since FY 1991, the NRC has 

complied with OBRA–90 by issuing a final 

rule that amends its fee regulations. These 

final rules have established the methodology 

used by the NRC in identifying and 

determining the fees to be assessed and 

collected in any given FY. 

The Commission is proposing to rebaseline 

its 10 CFR part 171 annual fees in FY 2010. 

Rebaselining fees results in higher annual 

fees for five classes of licensees (power 

reactors, spent fuel storage/reactor 

decommissioning, transportation, uranium 

recovery and materials users), and lower for 

one class of licensees (non-power reactors). 

Within the fuel facilities fee class, annual 

fees for most licensees increase, while the 

annual fee for one fee category decreases. 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) provides 

Congress with the opportunity to review 

agency rules before they go into effect. Under 

this legislation, the NRC annual fee rule is 

considered a ‘‘major’’ rule and must be 

reviewed by Congress and the Comptroller 

General before the rule becomes effective. 

The SBREFA also requires that an agency 

prepare a guide to assist small entities in 

complying with each rule for which a final 

RFA is prepared. As required by law, this 

analysis and the small entity compliance 

guide (Attachment 1) have been prepared for 

the FY 2010 fee rule, as required by law. 

II. Impact on Small Entities 

The fee rule results in substantial fees 

charged to those individuals, organizations, 

and companies licensed by the NRC, 

including those licensed under the NRC 

materials program. Comments received on 

previous proposed fee rules and the small 

entity certifications in response to previous 

final fee rules indicate that licensees 

qualifying as small entities under the NRC’s 

size standards are primarily materials 

licensees. Therefore, this analysis will focus 

on the economic impact of fees on materials 

licensees. In FY 2009, about 26 percent of 

these licensees (approximately 1,000 

licensees) qualified as small entities. 

Commenters on previous fee rulemakings 

consistently indicated that the following 

would occur if the proposed annual fees were 

not modified: 

1. Large firms would gain an unfair 

competitive advantage over small entities. 

Commenters noted that small and very small 

companies (‘‘Mom and Pop’’ operations) 

would find it more difficult to absorb the 

annual fee than a large corporation or a highvolume type of operation. In competitive 

markets, such as soil testing, annual fees 

would put small licensees at an extreme 

competitive disadvantage with their much 

larger competitors because the proposed fees 

would be identical for both small and large 

firms. 

2. Some firms would be forced to cancel 

their licenses. A licensee with receipts of less 

than $500,000 per year stated that the 

proposed rule would, in effect, force it to 

relinquish its soil density gauge and license, 

thereby reducing its ability to do its work 

effectively. Other licensees, especially wellloggers, noted that the increased fees would 

force small businesses to abandon the 

materials license altogether. Commenters 

estimated that the proposed rule would cause 

roughly 10 percent of the well-logging 

licensees to terminate their licenses 

immediately and approximately 25 percent to 

terminate before the next annual assessment. 

3. Some companies would go out of 

business. 

4. Some companies would have budget 

problems. Many medical licensees noted 

that, along with reduced reimbursements, the 

proposed increase of the existing fees and the 

introduction of additional fees would 

significantly affect their budgets. Others 

noted that, in view of the cuts by Medicare 

and other third party carriers, the fees would 

produce a hardship difficult for some 

facilities to meet. 

Over 3,000 licenses, approvals, and 

registration terminations have been requested 

since the NRC first established annual fees 

for materials licenses. Although some 

terminations were requested because the 

license was no longer needed or could be 

combined with registrations, indications are 

that the economic impact of the fees caused 

other terminations. 

To alleviate the significant impact of the 

annual fees on a substantial number of small 

entities, the NRC considered the following 

alternatives in accordance with the RFA in 

developing each of its fee rules since FY 

1991. 

1. Base fees on some measure of the 

amount of radioactivity possessed by the 

licensee (e.g., number of sources). 

2. Base fees on frequency of use of licensed 

radioactive material (e.g., volume of 

patients). 

3. Base fees on the NRC size standards for 

small entities. 

The NRC has reexamined its previous 

evaluations of these alternatives and 

continues to believe that a maximum fee for 

small entities is the most appropriate and 

effective option for reducing the impact of 

fees on small entities. 

III. Maximum Fee 

The SBREFA and its implementing 

guidance do not provide specific guidelines 

on what constitutes a significant economic 

impact on a small entity; therefore, the NRC 

has no benchmark to assist it in determining 

the amount or percent of gross receipts that 

should be charged to a small entity. In 

developing the maximum small entity annual 

fee in FY 1991, the NRC examined 10 CFR 

part 170 licensing and inspection fees and 

Agreement State fees for fee categories which 

were expected to have a substantial number 

of small entities. Six Agreement States 

(Washington, Texas, Illinois, Nebraska, New 

York, and Utah), were used as benchmarks in 

the establishment of the maximum small 

entity annual fee in FY 1991. 

The NRC maximum small entity fee was 

established as an annual fee only. In addition 

to the annual fee, NRC small entity licensees 

were required to pay amendment, renewal 

and inspection fees. In setting the small 

entity annual fee, NRC ensured that the total 

amount small entities paid would not exceed 

the maximum paid in the six benchmark 

Agreement States. 

Of the six benchmark states, the NRC used 

Washington’s maximum Agreement State fee 

of $3,800 as the ceiling for total fees. Thus 

NRC’s small entity fee was developed to 

ensure that the total fees paid by NRC small 

entities would not exceed $3,800. Given the 

NRC’s FY 1991 fee structure for inspections, 

amendments, and renewals, a small entity 

annual fee established at $1,800 allowed the 

total fee (small entity annual fee plus yearly 

average for inspections, amendments, and 

renewal fees) for all categories to fall under 

the $3,800 ceiling. 

In FY 1992, the NRC introduced a second, 

lower tier to the small entity fee in response 

to concerns that the $1,800 fee, when added 

to the license and inspection fees, still 

imposed a significant impact on small 

entities with relatively low gross annual 

receipts. For purposes of the annual fee, each 

small entity size standard was divided into 

an upper and lower tier. Small entity 

licensees in the upper tier continued to pay 

an annual fee of $1,800, while those in the 

lower tier paid an annual fee of $400. 

Based on the changes that had occurred 

since FY 1991, the NRC re-analyzed its 

maximum small entity annual fees in FY 

2000 and determined that the small entity 

fees should be increased by 25 percent to 

reflect the increase in the average fees paid 

by other materials licensees since FY 1991, 

as well as changes in the fee structure for 

materials licensees. The structure of fees NRC 

charged its materials licensees changed 

during the period between 1991 and 1999. 

Costs for materials license inspections, 

renewals, and amendments, which were 

previously recovered through part 170 fees 

for services, are now included in the part 171 

annual fees assessed to materials licensees. 

Because of the 25 percent increase, in FY 

2000 the maximum small entity annual fee 

increased from $1,800 to $2,300. However, 

despite the increase, total fees for many small 

entities were reduced because they no longer 

paid part 170 fees. Costs not recovered from 

small entities were allocated to other 

materials licensees and to power reactors. 

While reducing the impact on many small 

entities, the NRC determined that the 

maximum annual fee of $2,300 for small 

entities could continue to have a significant 

impact on materials licensees with relatively 

low annual gross receipts. Therefore, the 

NRC continued to provide the lower-tier 

small entity annual fee for small entities with 

relatively low gross annual receipts, 

manufacturing concerns, and for educational 

institutions not State or publicly supported 

with fewer than 35 employees. The NRC also 

increased the lower tier small entity fee by 

25 percent, the same percentage increase to 

the maximum small entity annual fee, 

resulting in the lower tier small entity fee 

increasing from $400 to $500 in FY 2000. 

The NRC stated in the RFA for the FY 2001 

final fee rule that it would re-examine the 

small entity fees every two years, in the same 

years in which it conducts the biennial 

review of fees as required by the Chief 

Financial Officers Act. Accordingly, the NRC 

examined the small entity fees again in FY 

2003 and FY 2005, determining that a change 

was not warranted to those fees established 

in FY 2001. 


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1An educational institution referred to in the size 

standards is an entity whose primary function is 

education, whose programs are accredited by a 

nationally recognized accrediting agency or 

association, who is legally authorized to provide a 

program of organized instruction or study, who 

provides an educational program for which it 

awards academic degrees, and whose educational 

programs are available to the public. 

As part of the small entity review in FY 

2007, the NRC also considered whether it 

should establish reduced fees for small 

entities under part 170. The NRC received 

one comment requesting that small entity 

fees be considered for certain export licenses, 

particularly in light of the recent increases to 

part 170 fees for these licenses. Because the 

NRC’s part 170 fees are not assessed to a 

licensee or applicant on a regular basis (i.e., 

they are only assessed when a licensee or 

applicant requests a specific service from the 

NRC), the NRC does not believe that the 

impact of its part 170 fees warrants a fee 

reduction for small entities, in addition to the 

part 171 small entity fee reduction. Regarding 

export licenses, the NRC notes that interested 

parties can submit a single application for a 

broad scope, multi-year license that permits 

exports to multiple countries. Because the 

NRC charges fees per application, this 

process minimizes the fees for export 

applicants. Because a single NRC fee can 

cover numerous exports, and because there 

are a limited number of entities who apply 

for these licenses, the NRC does not 

anticipate that the part 170 export fees will 

have a significant impact on a substantial 

number of small entities. Therefore, the NRC 

retained the $2,300 small entity annual fee 

and the $500 lower tier small entity annual 

fee for FY 2007 and FY 2008. 

The NRC conducted an in-depth biennial 

review of the FY 2009 small entity fees. The 

review noted significant changes between FY 

2000 and FY 2008 in both the external and 

internal environment which impacted fees 

for NRC’s small materials users licensees. 

Since FY 2000, small entity licensees in the 

upper tier had increased approximately 53 

percent. In addition, due to changes in the 

law, NRC is now only required to recover 90 

percent of its budget authority compared to 

100 percent recovery required in FY 2000. 

This ten percent fee relief has influenced the 

small materials users’ annual fees. A decrease 

in the NRC’s budget allocation to the small 

materials users also influenced annual fees in 

FY 2007 and FY 2008. 

Based on the review, the NRC changed the 

methodology for reviewing small entity fees. 

The NRC determined the maximum small 

entity fee should be adjusted each biennial 

year using a fixed percentage of 39 percent 

applied to the prior two-year weighted 

average of small materials users fees for all 

fee categories which have small entity 

licensees. The 39 percent was based on the 

small entity annual fee for FY 2005, which 

was first year the NRC was required to 

recover only 90 percent of its budget 

authority. The FY 2005 small entity annual 

fee of $2,300 was 39 percent of the two-year 

weighted average for all fee categories in FY 

2005 and FY 2006 that had an upper tier 

small entity licensee. The new methodology 

allows small entity licensees to be able to 

predict changes in their fee in the biennial 

year based on the small materials fees for the 

previous two years. Using a two-year 

weighted average smoothes the fluctuations 

caused by programmatic and budget variables 

and reflects the importance of the fee 

categories with the majority of small entities. 

The agency also determined the lower tier 

annual fee should remain at 22 percent of the 

maximum small entity annual fee. 

Therefore, for FY 2009 the NRC decreased 

the maximum small entity fee from $2,300 to 

$1,900 and decreased the lower tier annual 

fee from $500 to $400. The NRC is not 

proposing changes to these fees in FY 2010 

and plans to re-examine the small entity fees 

again in FY 2011. 

IV. Summary 

The NRC has determined that the 10 CFR 

part 171 annual fees significantly impact a 

substantial number of small entities. A 

maximum fee for small entities strikes a 

balance between the requirement to recover 

90 percent of the NRC budget and the 

requirement to consider means of reducing 

the impact of the fee on small entities. Based 

on its regulatory flexibility analysis, the NRC 

concludes that a maximum annual fee of 

$1,900 for small entities and a lower-tier 

small entity annual fee of $400 for small 

businesses and not-for-profit organizations 

with gross annual receipts of less than 

$450,000, small governmental jurisdictions 

with a population of fewer than 20,000, small 

manufacturing entities that have fewer than 

35 employees, and educational institutions 

that are not State or publicly supported and 

have fewer than 35 employees, reduces the 

impact on small entities. At the same time, 

these reduced annual fees are consistent with 

the objectives of OBRA–90. Thus, the fees for 

small entities maintain a balance between the 

objectives of OBRA–90 and the RFA. 

Therefore, the analysis and conclusions 

previously established remain valid for FY 

2010. 

Attachment 1 to Appendix A—U.S. Nuclear 

Regulatory Commission Small Entity 

Compliance Guide; Fiscal Year 2010 

Contents 

Introduction 

NRC Definition of Small Entity 

NRC Small Entity Fees 

Instructions for Completing NRC Form 526 

Introduction 

The Congressional Review Act requires all 

Federal agencies to prepare a written guide 

for each ‘‘major’’ final rule, as defined by the 

Act. The NRC’s fee rule, published annually 

to comply with the Omnibus Budget 

Reconciliation Act of 1990 (OBRA–90), as 

amended, is considered a ‘‘major’’ rule under 

the Congressional Review Act. Therefore, in 

compliance with the law, this guide has been 

prepared to assist NRC materials licensees in 

complying with the FY 2010 fee rule. 

Licensees may use this guide to determine 

whether they qualify as a small entity under 

NRC regulations and are eligible to pay 

reduced FY 2010 annual fees assessed under 

10 CFR part 171. The NRC has established 

two tiers of annual fees for those materials 

licensees who qualify as small entities under 

the NRC’s size standards. 

Licensees who meet the NRC’s size 

standards for a small entity (listed in 10 CFR 

2.810) must submit a completed NRC Form 

526 ‘‘Certification of Small Entity Status for 

the Purposes of Annual Fees Imposed under 

10 CFR Part 171’’ to qualify for the reduced 

annual fee. This form can be accessed on the 

NRC’s Web site at http://www.nrc.gov. The 

form can then be accessed by selecting 

‘‘Business with NRC,’’ then ‘‘NRC Forms,’’ 

selecting NRC Form 526. For licensees who 

cannot access the NRC’s Web site, NRC Form 

526 may be obtained through the local point 

of contact listed in the NRC’s ‘‘Materials 

Annual Fee Billing Handbook,’’ NUREG/BR– 

0238, which is enclosed with each annual fee 

billing. Alternatively, the form may be 

obtained by calling the fee staff at 301–415– 

7554, or by e-mailing the fee staff at 

fees.resource@nrc.gov. 

The completed form, the appropriate small 

entity fee, and the payment copy of the 

invoice should be mailed to the U.S. Nuclear 

Regulatory Commission, Accounts 

Receivable/Payable Branch, at the address 

indicated on the invoice. Failure to file the 

NRC small entity certification Form 526 in a 

timely manner may result in the denial of 

any refund that might otherwise be due. 

NRC Definition of Small Entity 

For purposes of compliance with its 

regulations (10 CFR 2.810), the NRC has 

defined a small entity as follows: 

(1) Small business—a for-profit concern 

that provides a service, or a concern that is 

not engaged in manufacturing, with average 

gross receipts of $6.5 million or less over its 

last 3 completed fiscal years; 

(2) Manufacturing industry—a 

manufacturing concern with an average of 

500 or fewer employees based on 

employment during each pay period for the 

preceding 12 calendar months; 

(3) Small organizations—a not-for-profit 

organization that is independently owned 

and operated and has annual gross receipts 

of $6.5 million or less; 

(4) Small governmental jurisdiction—a 

government of a city, county, town, 

township, village, school district, or special 

district, with a population of fewer than 

50,000; 

(5) Small educational institution—an 

educational institution supported by a 

qualifying small governmental jurisdiction, 

or one that is not State or publicly supported 

and has 500 or fewer employees.1

To further assist licensees in determining 

if they qualify as a small entity, the following 

guidelines are provided, which are based on 

the Small Business Administration’s 

regulations (13 CFR part 121). 

(1) A small business concern is an 

independently owned and operated entity 

which is not considered dominant in its field 

of operations. 

(2) The number of employees means the 

total number of employees in the parent 

company, any subsidiaries and/or affiliates, 

including both foreign and domestic 

locations (i.e., not solely the number of 

employees working for the licensee or 

conducting NRC-licensed activities for the 

company). 

(3) Gross annual receipts include all 

revenue received or accrued from any source, 


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including receipts of the parent company, 

any subsidiaries and/or affiliates, and 

account for both foreign and domestic 

locations. Receipts include all revenues from 

sales of products and services, interest, rent, 

fees, and commissions from whatever sources 

derived (i.e., not solely receipts from NRClicensed activities). 

(4) A licensee who is a subsidiary of a large 

entity, including a foreign entity, does not 

qualify as a small entity. 

NRC Small Entity Fees 

In 10 CFR 171.16(c), the NRC has 

established two tiers of fees for licensees that 

qualify as a small entity under the NRC’s size 

standards. The fees are as follows: 

Maximum 

annual fee per 

licensed 

category 

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

$450,000 to $6.5 million ............................................................................................................................................................... $1,900 

Less than $450,000 ...................................................................................................................................................................... 400 

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

$450,000 to $6.5 million ............................................................................................................................................................... 1,900 

Less than $450,000 ...................................................................................................................................................................... 400 

Manufacturing entities that have an average of 500 employees or fewer: 

35 to 500 employees .................................................................................................................................................................... 1,900 

Fewer than 35 employees ............................................................................................................................................................ 400 

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

20,000 to 50,000 .......................................................................................................................................................................... 1,900 

Fewer than 20,000 ....................................................................................................................................................................... 400 

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

35 to 500 employees .................................................................................................................................................................... 1,900 

Fewer than 35 employees ............................................................................................................................................................ 400 

Instructions for Completing NRC Small 

Entity Form 526 

1. Complete all items on NRC Form 526 as 

follows: (Note: Incomplete or improperly 

completed forms will be returned as 

unacceptable.) 

(a) Enter the license number and invoice 

number exactly as they appear on the annual 

fee invoice. 

(b) Enter the North American Industry 

Classification System (NAICS). 

(c) Enter the licensee’s name and address 

exactly as they appear on the invoice. 

Annotate name and/or address changes for 

billing purposes on the payment copy of the 

invoice—include contact’s name, telephone 

number, e-mail address, and company Web 

site address. Correcting the name and/or 

address on NRC Form 526 or on the invoice 

does not constitute a request to amend the 

license. 

(d) Check the appropriate size standard 

under which the licensee qualifies as a small 

entity. Check one box only. Note the 

following: 

(i) A licensee who is a subsidiary of a large 

entity, including foreign entities, does not 

qualify as a small entity. The calculation of 

a firm’s size includes the employees or 

receipts of all affiliates. Affiliation with 

another concern is based on the power to 

control, whether exercised or not. Such 

factors as common ownership, common 

management, and identity of interest (often 

found in members of the same family), 

among others, are indications of affiliation. 

The affiliated business concerns need not be 

in the same line of business. 

(ii) Gross annual receipts, as used in the 

size standards, include all revenue received 

or accrued by your company from all sources, 

regardless of the form of the revenue and not 

solely receipts from licensed activities. 

(iii) NRC’s size standards on a small entity 

are based on the Small Business 

Administration’s regulations (13 CFR part 

121). 

(iv) The size standards apply to the 

licensee, not to the individual authorized 

users who may be listed in the license. 

2. If the invoice states the ‘‘Amount Billed 

Represents 50% Proration,’’ the amount due 

is not the prorated amount shown on the 

invoice but rather one-half of the maximum 

small entity annual fee shown on NRC Form 

526 for the size standard under which the 

licensee qualifies (either $950 or $200) for 

each category billed. 

3. If the invoice amount is less than the 

reduced small entity annual fee shown on 

this form, pay the amount on the invoice; 

there is no further reduction. In this case, do 

not file NRC Form 526. However, if the 

invoice amount is greater than the reduced 

small entity annual fee, file NRC Form 526 

and pay the amount applicable to the size 

standard you checked on the form. 

4. The completed NRC Form 526 must be 

submitted with the required annual fee 

payment and the ‘‘Payment Copy’’ of the 

invoice to the address shown on the invoice. 

5. 10 CFR 171.16(c)(3) states licensees shall 

submit a new certification with its annual fee 

payment each year. Failure to submit NRC 

Form 526 at the time the annual fee is paid 

will require the licensee to pay the full 

amount of the invoice. 

The NRC sends invoices to its licensees for 

the full annual fee, even though some 

licensees qualify for reduced fees as small 

entities. Licensees who qualify as small 

entities and file NRC Form 526, which 

certifies eligibility for small entity fees, may 

pay the reduced fee, which is either $1,900 

or $400 for a full year, depending on the size 

of the entity, for each fee category shown on 

the invoice. Licensees granted a license 

during the first 6 months of the fiscal year, 

and licensees who file for termination or for 

a ‘‘possession-only’’ license and permanently 

cease licensed activities during the first 6 

months of the fiscal year, pay only 50 percent 

of the annual fee for that year. Such invoices 

state that the ‘‘amount billed represents 50% 

proration.’’ 

Licensees must file a new small entity form 

(NRC Form 526) with the NRC each fiscal 

year to qualify for reduced fees in that year. 

Because a licensee’s ‘‘size,’’ or the size 

standards, may change from year to year, the 

invoice reflects the full fee, and licensees 

must complete and return NRC Form 526 for 

the fee to be reduced to the small entity fee 

amount. Licensees will not receive a new 

invoice for the reduced amount. The 

completed NRC Form 526, the payment of 

the appropriate small entity fee, and the 

‘‘Payment Copy’’ of the invoice should be 

mailed to the U.S. Nuclear Regulatory 

Commission, Accounts Receivable/Payable 

Branch, at the address indicated on the 

invoice. 

If you have questions regarding the NRC’s 

annual fees, please contact the license fee 

staff at 301–415–7554, e-mail the fee staff at 

fees.resource@nrc.gov, or write to the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Office of the Chief Financial Officer. 

False certification of small entity status 

could result in civil sanctions being imposed 

by the NRC under the Program Fraud Civil 

Remedies Act, 31 U.S.C. 3801 et seq. NRC’s 

implementing regulations are found at 10 

CFR part 13. 

[FR Doc. 2010–4528 Filed 3–9–10; 8:45 am] 

BILLING CODE 7590–01–P 


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