15530 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 170 and 171 

[NRC–2011–0207] 

RIN 3150–AJ03 

Revision of Fee Schedules; Fee 

Recovery for Fiscal Year 2012 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

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) 2012, not including amounts 

appropriated for Waste Incidental to 

Reprocessing (WIR), and amounts 

appropriated for generic homeland 

security activities. President Obama 

signed the Consolidated Appropriations 

Act of 2012 on December 23, 2011, 

giving the NRC a total appropriation of 

$1,038.1 million for FY 2012. The FY 

2012 proposed fee rule, based on the FY 

2012 appropriation, would require the 

NRC to recover fees of approximately 

$909.5 million from licensees. After 

accounting for billing adjustments, the 

total amount to be billed as fees is 

approximately $901 million. 

DATES: Submit comments on the 

proposed rule by April 16, 2012. 

Comments received after this date will 

be considered if it is practical to do so, 

but the NRC is able to ensure 

consideration only for comments 

received on or before this date. Because 

OBRA–90 requires that the NRC collect 

the FY 2012 fees by September 30, 2012, 

requests for extensions of the comment 

period will not be granted. 

ADDRESSES: You may access information 

and comment submissions related to 

this proposed rulemaking, which the 

NRC possesses and is publicly available, 

by searching on http:// 

www.regulations.gov under Docket ID 

NRC–2011–0207. You may submit 

comments by the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2011–0207. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–492–3668; 

email: Carol.Gallagher@nrc.gov. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

For additional direction on accessing 

information and submitting comments, 

see ‘‘Accessing Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Arlette Howard, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

1481, email: Arlette.Howard@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting 

Comments 

II. Background 

III. Proposed Action 

A. Amendments to Title 10 of the Code of 

Federal Regulations (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 

IV. Plain Writing 

V. Availability of Documents 

VI. Voluntary Consensus Standards 

VII. Environmental Impact: Categorical 

Exclusion 

VIII. Paperwork Reduction Act Statement 

IX. Regulatory Analysis 

X. Regulatory Flexibility Analysis 

XI. Backfit Analysis 

I. Accessing Information and 

Submitting Comments 

A. Accessing Information 

Please refer to Docket ID NRC–2011– 

0207 when contacting the NRC about 

the availability of information for this 

proposed rule. You may access 

information related to this proposed 

rulemaking, which the NRC possesses 

and is publicly available, by the 

following methods: 

• Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2011–0207. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this notice (if 

that document is available in ADAMS) 

is provided the first time that a 

document is referenced. In addition, for 

the convenience of the reader, the 

ADAMS accession numbers are 

provided in a table in Section V, 

Availability of Documents, of this 

document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2011– 

0207 in the subject line of your 

comment submission, in order to ensure 

that the NRC is able to make your 

comment submission available to the 

public in this docket. 

The NRC cautions you not to include 

identifying or contact information in 

comment submissions that you do not 

want to be publicly disclosed. The NRC 

posts all comment submissions at 

http://www.regulations.gov as well as 

entering the comment submissions into 

ADAMS, and the NRC does not edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information in 

their comment submissions that they do 

not want to be publicly disclosed. Your 

request should state that the NRC will 

not edit comment submissions to 

remove such information before making 

the comment submissions available to 

the public or entering the comment 

submissions into ADAMS. 

To obtain additional information on 

the NRC’s FY 2012 budget request, 

commenters and others may review 

NUREG–1100, Volume 27, 

‘‘Congressional Budget Justification: 

Fiscal Year 2012’’ (February 2011), 

which describes the NRC’s budget for 

FY 2012, including the activities to be 

performed in each program. This 

document is available on the NRC’s 


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

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

sr1100/v27/. The allocation of the 

budget to each fee class and fee-relief 

category is included in the publicly 

available work papers supporting this 

rulemaking (ADAMS Accession No. 

ML12040A341). 

II. Background 

Over the past 40 years the NRC, (and 

earlier as the Atomic Energy 

Commission (AEC), the NRC’s 

predecessor agency), has assessed and 

continues to assess fees to applicants 

and licensees to recover the cost of its 

regulatory program. The NRC’s cost 

recovery principles for fee regulation are 

governed by two major laws, the 

Independent Offices Appropriations Act 

of 1952 (IOAA) (31 U.S.C. 483(a)) and 

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

The NRC is required each year, under 

OBRA–90, as amended, to recover 

approximately 90 percent of its budget 

authority, not including amounts 

appropriated from the Nuclear Waste 

Fund, amounts appropriated for WIR, 

and amounts appropriated for generic 

homeland security activities (non-fee 

items), through fees to NRC licensees 

and applicants. The following 

discussion explains the various court 

decisions, congressional mandates and 

Commission policy which form the 

basis for the NRC’s current fee policy 

and cost recovery methodology, which 

forms the basis for this rulemaking. 

Establishment of Fee Policy and Cost 

Recovery Methodology 

In 1968, the AEC adopted its first 

license fee schedule in response to Title 

V of the IOAA. This statute authorized 

and encouraged Federal regulatory 

agencies to recover to the fullest extent 

possible costs attributable to services 

provided to identifiable recipients. The 

AEC established fees under 10 CFR part 

170 in two sections, § 170.21 and 

§ 170.31. Section 170.21 established a 

flat application fee for filing 

applications for nuclear power plant 

construction permits. Fees were set by 

a sliding scale, depending on plant size, 

for construction permits and operating 

license fees, and annual fees were levied 

on holders of Commission operating 

licenses under 10 CFR part 50. Section 

170.31 established application fees and 

annual fees for materials licenses. 

Between 1971 and 1973, the 10 CFR part 

170 fee schedules were adjusted to 

account for increased costs resulting 

from expanded services which included 

health and safety inspection services 

and manufacturing licenses and 

environmental and antitrust reviews. 

The annual fees assessed by the 

Commission began to include 

inspection costs and the material fee 

schedule expanded from 16 to 28 

categories for fee assessment. During 

this period, the schedules continued to 

be modified based on the Commission’s 

policy to recover costs attributable to 

identifiable beneficiaries for the 

processing of applications, permits and 

licenses, amendments to existing 

licenses, and health and safety 

inspections relating to the licensing 

process. 

On March 4, 1974, the U.S. Supreme 

Court rendered major decisions in two 

cases, 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), 

regarding the charging of fees by Federal 

agencies. 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 

Court, thus, invalidated the Federal 

Power Commission’s annual fee rule 

because its fee structure assessed annual 

fees against the regulated industry at 

large without considering whether 

anyone had received benefits from any 

Commission services during the year in 

question. As a result of these decisions, 

the AEC promptly eliminated annual 

licensing fees and issued refunds to 

licensees, but left the remainder of the 

fee schedule unchanged. 

In November 1974, the AEC published 

proposed revisions to its license fee 

schedule (39 FR 39734; November 11, 

1974). The Commission reviewed public 

comments while simultaneously 

considering alternative approaches for 

the proper evaluation of expanding 

services and proper assessment based 

upon increasing costs of Commission 

services. 

While this effort was under way, the 

Court of Appeals for the District of 

Columbia issued four opinions in fee 

cases—National Cable Television Assoc. 

v. FCC, 554 F.2d 1094 (D.C. Cir. 1976); 

National Association of Broadcasters v. 

FCC, 554 F.2d 1118 (D.C. Cir. 1976); 

Electronic Industries Association v. 

FCC, 554 F.2d 1109 (D.C. Cir. 1976); and 

Capital Cities Communication, Inc. v. 

FCC, 554 F.2d 1135 (D.C. Cir. 1976). 

These decisions invalidated the license 

fee schedules promulgated by the 

Federal Communications Commission, 

and they provided the AEC with 

additional guidance for the prompt 

adoption and promulgation of an 

updated licensee fee schedule. Based on 

the court decisions, the NRC developed 

new guidelines for use in fee 

development and the establishment of a 

new proposed fee schedule. 

On January 19, 1975, under the 

Energy Reorganization Act of 1974, the 

licensing and related regulatory 

functions of the AEC were transferred to 

the NRC. The NRC, prompted by recent 

court decisions concerning fee policy, 

developed new guidelines for use in fee 

development and the establishment of a 

new proposed fee schedule. 

The NRC published a summary of 

guidelines as a proposed rule (42 FR 

22149; May 2, 1977), and the 

Commission held a public meeting to 

discuss the notice on May 12, 1977. A 

summary of the comments on the 

guidelines and the NRC’s responses 

were published in the Federal Register 

(43 FR 7211; February 21, 1978). 

The U.S. Court of Appeals for the 

Fifth Circuit upheld the Commission’s 

fee guidelines on August 24, 1979, 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. 

The NRC’s Current Statutory 

Requirement for Cost Recovery Through 

Fees 

In 1986, Congress passed the 

Consolidated Omnibus Budget 

Reconciliation Act (COBRA) (H.R. 

3128), which required the NRC to assess 

and collect annual charges from persons 

licensed by the Commission. These 

charges, when added to other amounts 

collected by the NRC, totaled about 33 

percent of the NRC’s estimated budget. 

In response to this mandate and 

separate congressional inquiry on NRC 

fees, the NRC prepared a report on 

alternative approaches to annual fees 

and published the decision on annual 


tkelley on DSK3SPTVN1PROD with PROPOSALS3
15532 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

fees for power reactor operating licenses 

in 10 CFR part 171 for public comment 

(51 FR 24078; July 1, 1986). The final 

rule (51 FR 33224; September 18, 1986) 

included a summary of the comments 

and the NRC’s related responses. The 

decision was challenged in the DC 

Circuit and upheld in its entirety in 

Florida Power and Light Company v. 

United States, 846 F.2d 765 (D.C. Cir. 

1988), cert. denied, 490 U.S. 1045 

(1989). 

In 1987, the NRC retained the 

established annual and 10 CFR part 170 

fee schedules in the Federal Register 

(51 FR 33224; September 18, 1986). 

In 1988, the NRC was required to 

collect 45 percent of its budget authority 

through fees. The NRC published a 

proposed rule that included an hourly 

increase recommendation for public 

comment in the Federal Register (53 FR 

24077; June 27, 1988). The NRC staff 

could not properly consider all 

comments received on the proposed 

rule. Therefore, on August 12, 1988, the 

NRC published an interim final rule in 

the Federal Register (53 FR 30423). The 

interim final rule was limited to 

changing the 10 CFR part 171 annual 

fees. 

In 1989, the Commission was required 

to collect 45 percent of its budget 

authority through fees. The NRC 

published a proposed fee rule in the 

Federal Register (53 FR 24077; June 25, 

1988). A summary of the comments and 

the NRC’s related responses were 

published in the Federal Register (53 

FR 52632; December 28, 1988). 

On November 5, 1990, with respect to 

10 CFR part 171, the Congress passed 

OBRA–90, requiring that the NRC 

collect 100 percent of its budget 

authority, less appropriations from the 

NWF, through the assessment of fees. 

The OBRA–90 allowed the NRC to 

collect user fees for the recovery of the 

costs of providing special benefits to 

identifiable applicants and licensees in 

compliance with 10 CFR part 170 and 

under the authority of the IOAA (31 

U.S.C. 9701). These fees recovered the 

cost of inspections, applications for new 

licenses and license renewals, and 

requests for license amendments. The 

OBRA–90 also allowed the NRC to 

recover annual fees under 10 CFR part 

171 for generic regulatory costs not 

otherwise recovered through 10 CFR 

part 170 fees. In compliance with 

OBRA–90, the NRC adjusted its fee 

regulations in 10 CFR part 170 and 171 

to be more comprehensive without 

changing their underlying basis. The 

NRC published these regulations in a 

proposed rule for public comment in the 

Federal Register (54 FR 49763; 

December 1, 1989). The NRC held three 

public meetings to discuss the proposed 

changes and questions. A summary of 

comments and the NRC’s related 

responses were published in the Federal 

Register (55 FR 21173; May 23, 1990). 

In FYs 1991–2000, the NRC continued 

to comply with OBRA–90 requirements 

in its proposed and final rules. In 1991, 

the NRC’s annual fee rule methodology 

was challenged and upheld by the DC 

Circuit Court of Appeals in Allied 

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

1993). 

The FY 2001 Energy and Water 

Development Appropriation Act 

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 Energy and Water 

Development Appropriation Act 

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. 

In addition to the requirements of 

OBRA–90, as amended, the NRC was 

also required to comply with the 

requirements of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This Act encouraged small 

businesses to participate in the 

regulatory process, and required 

agencies to develop more accessible 

sources of information on regulatory 

and reporting requirements for small 

businesses and create a small entity 

compliance guide. The NRC, in order to 

ensure equitable fee distribution among 

all licensees, developed a fee 

methodology specifically for small 

entities that consisted of a small entity 

definition and the Small Business 

Administration’s most common 

receipts-based size standards as 

described under the North American 

Industry Classification System (NAICS) 

identifying industry codes. The NAICS 

is the standard used by Federal 

statistical agencies to classify business 

establishments for the purposes of 

collecting, analyzing, and publishing 

statistical data related to the U.S. 

business economy. The purpose of this 

fee methodology was to lessen the 

financial impact on small entities 

through the establishment of a 

maximum fee at a reduced rate for 

qualifying licensees. 

In FY 2009, the NRC computed the 

small entity fee based on a biennial 

adjustment of 39 percent, a fixed 

percent applied to the prior 2-year 

weighted average for all fee categories 

that have small entity licensees. The 

NRC also used 39 percent to compute 

the small entity annual fee for FY 2005, 

the same year the agency was required 

to recover only 90 percent of its budget 

authority. The methodology allowed 

small entity licensees to be able to 

predict changes in their fees in the 

biennial year based on the materials 

users’ fees for the previous 2 years. 

Using a 2-year weighted average 

lessened the fluctuations caused by 

programmatic and budget variables 

within the fee categories for the majority 

of small entities. 

The agency also determined that there 

should be a lower-tier annual fee based 

on 22 percent of the maximum small 

entity annual fee to further reduce the 

impact of fees. In FY 2011, the NRC 

applied this methodology which would 

have resulted in an upper-tier small 

entity fee of $3,300, an increase of 74 

percent or $1,400 from FY 2009, and a 

lower-tier small entity fee of $700, an 

increase of 75 percent or $300 from FY 

2009. The NRC determined that 

implementing this increase would have 

a disproportionate impact upon small 

licensees and performed a trend 

analysis to calculate the appropriate fee 

tier levels. From FY 2000 to FY 2008, 

$2,300 was the maximum upper-tier 

small entity fee and $500 was the 

maximum lower-tier small entity fee. 

Therefore, in order to lessen financial 

hardship for small entity licensees, the 

NRC concluded that for FY 2011 $2,300 

should be the maximum upper-tier 

small entity fee and $500 should be the 

lower-tier small entity fee. For this fee 

rule, the small entity fees would remain 

unchanged. The next small entity 

biennial review is scheduled for FY 

2013. 

III. Proposed Action 

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 IOAA, 

recover the NRC’s costs of providing 

special benefits to identifiable 

applicants and licensees. For example, 

the NRC assesses these fees to cover the 

costs 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. Under this 

rulemaking, the NRC would continue 

the fee cost recovery principles through 

the adjustment of fees without changing 

the underlying principles of the NRC fee 

policy in order to ensure that the NRC 

continues to comply with the statutory 

requirements of OBRA–90, the Atomic 

Energy Act, and the IOAA. 


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On December 23, 2011, President 

Obama signed the Consolidated 

Appropriations Act of 2012, giving the 

NRC a total appropriation of $1,038.1 

million. Accordingly, in compliance 

with the Atomic Energy Act of 1954, as 

amended, and OBRA–90, the NRC 

proposes to amend its licensing, 

inspection, and annual fees to recover 

approximately 90 percent of its FY 2012 

budget authority less the appropriations 

for non-fee items. The amount of the 

NRC’s required fee collections is set by 

law, and is, therefore, outside the scope 

of this rulemaking. 

The NRC’s total budget authority for 

FY 2012 is $1,038.1 million. The nonfee items excluded outside of the fee 

base includes $0.8 million for WIR 

activities and $26.7 million for generic 

homeland security activities. Based on 

the 90 percent fee-recovery requirement, 

the NRC is required to recover 

approximately $909.5 million in FY 

2012 through 10 CFR part 170 licensing 

and inspection fees and through 10 CFR 

part 171 annual fees. This amount is 

$6.3 million less than the amount 

estimated for recovery in FY 2011, a 

decrease of less than 1 percent. The FY 

2012 fee recovery amount is decreased 

by ¥$8.5 million to account for billing 

adjustments (i.e., for FY 2012 invoices 

that the NRC estimates will not be paid 

during the fiscal year, less payments 

received in FY 2012 for prior year 

invoices). This leaves approximately 

$901 million to be billed as fees in FY 

2012 through 10 CFR part 170 licensing 

and inspection fees and 10 CFR part 171 

annual fees. 

Table I summarizes the budget and fee 

recovery amounts for FY 2012. The FY 

2011 amounts are provided for 

comparison purposes. (Individual 

values may not sum to totals due to 

rounding.) 

TABLE I—BUDGET AND FEE RECOVERY AMOUNTS

[Dollars in millions] 

FY 2011 

final rule 

FY 2012 

proposed rule 

Total Budget Authority ..................................................................................................................................... $1,054.1 $1,038.1 

Less Non-Fee Items ........................................................................................................................................ ¥36.5 ¥27.5 

Balance ..................................................................................................................................................... 1,017.6 1,010.6 

Fee Recovery Rate for FY 2012 ..................................................................................................................... 90% 90% 

Total Amount to be Recovered for FY 2012 ............................................................................................ 915.8 909.5 

10 CFR Part 171 Billing Adjustments: 

Unpaid Current Year Invoices (estimated) ............................................................................................... 3.0 2.3 

Less Payments Received in Current Year for Previous Year .................................................................

Invoices (estimated) ................................................................................................................................. ¥2.6 ¥10.8 

Subtotal ............................................................................................................................................. 0.4 ¥8.5 

Amount to be Recovered Through 10 CFR Parts 170 and 171 Fees ............................................................ 916.2 901.0 

Less Estimated 10 CFR Part 170 Fees ................................................................................................... ¥369.3 ¥371.4 

10 CFR Part 171 Fee Collections Required ................................................................................................... 546.9 529.6 

The NRC estimates that $371.4 

million will be recovered from 10 CFR 

part 170 fees in FY 2012, which 

represents a $2.1 million increase as 

compared to 10 CFR part 170 collections 

of $369.3 million for FY 2011. The NRC 

derived the FY 2012 estimate of 10 CFR 

part 170 fee collections based on the 

latest billing data available for each 

license fee class, with adjustments to 

account for changes in the NRC’s FY 

2012 budget, as appropriate. The 

remaining $529.6 million is to be 

recovered through the 10 CFR part 171 

annual fees in FY 2012, which is a 

decrease of 3.2 percent compared to the 

estimated 10 CFR part 171 collections of 

$546.9 million for FY 2011. The change 

for each class of licensees affected is 

discussed in Section III.B.3 of this 

document. 

The NRC plans to publish the final fee 

rule no later than June 2012. The FY 

2012 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 2012 will become effective 60 days 

after publication of the final rule in the 

Federal Register. Upon publication of 

the final rule, the NRC will send an 

invoice for the amount of the annual 

fees to reactor licensees, 10 CFR part 72 

licensees, major fuel cycle facilities, and 

other licensees with annual fees of 

$100,000 or more. For these licensees, 

payment is due on the effective date of 

the FY 2012 final rule. Because these 

licensees are billed quarterly, the 

payment amount due is the total FY 

2012 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 2012 falls before the effective date of 

the FY 2012 final rule will be billed for 

the annual fee during the anniversary 

month of the license at the FY 2011 

annual fee rate. Those materials 

licensees whose license anniversary 

date falls on or after the effective date 

of the FY 2012 final rule will be billed 

for the annual fee at the FY 2012 annual 

fee rate during the anniversary month of 

the license, and payment will be due on 

the date of the invoice. 

The NRC no longer mails the 

proposed fee rule to licensees, but will 

send the proposed rule to any licensee 

or individual upon specific request. To 

request a copy, contact the Division of 

Planning and Budget, Budget 

Operations Branch II, Office of the Chief 

Financial Officer, at 301–415–1481. In 

addition to publication in the Federal 

Register, the proposed rule will be 

available on the Internet at http://www.

regulations.gov. 

The NRC is proposing to amend 10 

CFR parts 170 and 171 as discussed in 

Section III.A and III.B of this document. 


tkelley on DSK3SPTVN1PROD with PROPOSALS3
15534 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

A. Amendments to Title 10 of the Code 

of Federal Regulations (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 2012, the NRC is proposing to 

increase the hourly rate to recover the 

full cost of activities under 10 CFR part 

170 and use this rate to calculate ‘‘flat’’ 

application fees. 

The NRC is proposing to make 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 2012 hourly 

rate to $274. This rate would be 

applicable to all activities for which fees 

are assessed under §§ 170.21 and 

170.31. 

The FY 2012 hourly rate is less than 

one percent higher than the FY 2011 

hourly rate of $273. The increase in the 

hourly rate is due primarily to higher 

agency direct budgeted resources, 

partially offset by a small increase in the 

number of direct full-time equivalents 

(FTEs). The following paragraphs 

described the hourly rate calculation in 

further detail. 

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 program support; and 

(3) agency corporate support and the 

Inspector General (IG), by mission direct 

FTE hours. The mission direct FTE 

hours are the product of the mission 

direct FTE multiplied by the hours per 

direct FTE. The only budgeted resources 

excluded from the hourly rate are those 

for contract activities related to mission 

direct and fee-relief activities. 

In FY 2012, the NRC is using 1,371 

hours per direct FTE, the same amount 

as FY 2011, 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 2012 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. 

The FY 2011 amounts are provided for 

comparison purposes. (Individual 

values may not sum to totals due to 

rounding.) 

TABLE II—HOURLY RATE CALCULATION

FY 2011 

final rule 

FY 2012 

proposed rule 

Mission Direct Program Salaries & Benefits ................................................................................................... $337.4 $349.9 

Mission Indirect Program Support ................................................................................................................... 25.9 25.9 

Agency Corporate Support, and the IG ........................................................................................................... 474.1 472.3 

Subtotal ..................................................................................................................................................... 837.4 848.0 

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

Total Budget Included in Hourly Rate ...................................................................................................... 837.4 848.0 

Mission Direct FTEs ........................................................................................................................................ 2,236 2,258 

Professional Hourly Rate (Total Budget Included in Hourly Rate divided by Mission Direct FTE Hours) ..... 273 274 

As shown in Table II, dividing the FY 

2012 $848 million budget amount 

included in the hourly rate by total 

mission direct FTE hours (2,257 FTE 

times 1,371 hours) results in an hourly 

rate of $274. 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 $274, an increase of $1 from FY 

2011. 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 2012. 

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. The NRC 

last performed this review as part of the 

FY 2011 fee rulemaking. The higher 

hourly rate of $274 is the primary 

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 2012 final 

fee rule would be subject to the revised 

fees in the final rule. 

3. Administrative Amendments 

This rule would make administrative 

changes for clarity as follows: 

a. § 170.21, fee category G, change the 

title for the description from ‘‘Other 

Production and Utilization Facility’’ to 

read ‘‘Other Production or Utilization 

Facility.’’ 

b. § 170.31, revise fee schedule. Under 

10 CFR part 170, the descriptions for 

categories 14A and 14B would be 

revised to add the phrase ‘‘including 

MMLs’’ in order to capture work 

activities outside of the category 17 

description involving decommissioning 

actions and activities for master material 

license (MML) agencies (i.e., U.S. 

Department of Veteran Affairs, U.S. 

Navy, U.S. Air Force) and the fees 

would be subject to full cost. This 

methodology would ensure equitable fee 

distribution among licensees by 

charging the full cost for services over 

and above routine oversight activities to 

specific MMLs while minimizing the 

financial impact of annual fee 

distribution for all MMLs for the next 

biennial review. 


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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 FY 2012 hourly rate; and 

3. Make administrative changes to 

§§ 170.21 and 170.31. 

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 use its fee-relief 

surplus to decrease all licensees’ annual 

fees based on their percentage share of 

the fee recoverable budget authority. 

This rulemaking would also make 

changes to the number of NRC licensees 

and establish rebaselined annual fees 

based on Pub. L. 112–10. The 

amendments are described as follows: 

1. Application of Fee-Relief and LowLevel Waste (LLW) Surcharge 

The NRC would use its fee-relief 

surplus to decrease all licensees’ annual 

fees, based on their percentage share 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 that 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 percentage 

share of the budget, which is consistent 

with the existing fee methodology. 

The FY 2012 budget resources for the 

NRC’s fee-relief activities are $91.1 

million. The NRC’s 10 percent fee-relief 

amount in FY 2012 is $101.1 million, 

leaving a $10 million fee-relief surplus 

that will reduce all licensees’ annual 

fees based on their percentage share of 

the budget. The FY 2012 budget for feerelief activities is higher than FY 2011, 

primarily due to a decrease in budgeted 

resources for nonprofit educational 

exemptions, international activities and 

support agreement states licensees and 

generic decommissioning reclamation 

activities. Also, the NRC has included 

medical isotope production under fee 

relief categories to capture program 

activity for medical isotope production 

facilities for regulatory basis 

development. The FY 2012 NRC 

medical isotope budget of 

approximately $3 million is not 

attributable to existing NRC licensees. 

The funding for this activity along with 

other activities not attributable to 

existing NRC licensees will be offset by 

the agency’s 10 percent appropriation. 

These values are shown in Table III. The 

FY 2011 amounts are provided for 

comparison purposes. (Individual 

values may not sum to totals due to 

rounding.) 

TABLE III—FEE-RELIEF ACTIVITIES

[Dollars in millions] 

Fee-relief activities FY 2011 

budgeted costs 

FY 2012 

budgeted costs 

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

a. International activities ........................................................................................................................... $15.1 $9.0 

b. Agreement State oversight ................................................................................................................... 14.1 11.0 

c. Scholarships and Fellowships .............................................................................................................. 11.5 16.8 

d. Medical Isotope Production .................................................................................................................. N/A 3.4 

2. Activities not assessed 10 CFR part 170 licensing and inspection fees or 10 CFR part 171 annual fees 

based on existing law or Commission policy: 

a. Fee exemption for nonprofit educational institutions ........................................................................... 13.3 11.2 

b. Costs not recovered from small entities under 10 CFR 171.16(c) ...................................................... 5.6 6.5 

c. Regulatory support to Agreement States ............................................................................................. 18.0 17.5 

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

classes) ................................................................................................................................................. 16.6 14.0 

e. In Situ leach rulemaking and unregistered general licensees ............................................................. 1.2 1.7 

Total fee-relief activities ............................................................................................................................ 95.4 91.1 

Less 10 percent of NRC’s FY 2011 total budget (less non-fee items) ........................................................... ¥101.8 ¥101.1 

Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees ........................................................... ¥6.4 ¥10.0 

Table IV shows how the NRC is 

allocating the $10 million fee-relief 

surplus 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 surplus adjustment is 

subtracted from the required annual fee 

recovery for each fee class. 

Separately, the NRC has continued to 

allocate the LLW surcharge based on the 

volume of LLW disposal of three classes 

of licenses: operating reactors, fuel 

facilities, and materials users. Because 

LLW activities support NRC licensees, 

the costs of these activities are 

recovered through annual fees. In FY 

2012, this allocation percentage was 

updated based on review of recent data 

which reflects the change in the support 

to the various fee classes. The allocation 

percentage of LLW surcharge decreased 

for operating reactors and increased for 

fuel facilities and materials users 

compared to FY 2011. 

Table IV also shows the allocation of 

the LLW surcharge activity. For FY 

2012, the total budget allocated for LLW 

activity is $3.9 million. (Individual 

values may not sum to totals due to 

rounding.) 


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15536 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

TABLE IV—ALLOCATION OF FEE-RELIEF ADJUSTMENT AND LLW SURCHARGE, FY 2012 

[Dollars in millions] 

LLW Surcharge Fee-relief adjustment Total 

Percent $ Percent $ $ 

Operating Power Reactors .................................................. 60.0 2.3 86.0 ¥8.6 ¥6.3 

Spent Fuel Storage/Reactor Decommissioning ................... ........................ ........................ 3.3 ¥0.3 ¥0.3 

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

Fuel Facilities ....................................................................... 32.0 1.2 6.1 ¥0.6 0.6 

Materials Users .................................................................... 9.0 0.3 2.8 ¥0.3 0.0 

Transportation ...................................................................... ........................ ........................ 0.5 ¥0.1 ¥0.0 

Uranium Recovery ............................................................... ........................ ........................ 1.0 ¥0.1 ¥0.1 

Total .............................................................................. 100.0 3.9 100.0 ¥10.0 ¥6.1 

2. Revised Annual Fees 

The NRC is revising its annual fees in 

§§ 171.15 and 171.16 for FY 2012 to 

recover approximately 90 percent of the 

NRC’s FY 2012 budget authority, after 

subtracting the non-fee amounts and the 

estimated amount to be recovered 

through 10 CFR part 170 fees. The 10 

CFR part 170 collections estimate for 

this proposed rule is $371.4 million, an 

increase of $2.1 million from the FY 

2011 fee rule. The total amount to be 

recovered through annual fees for this 

proposed rule is $529.6 million, a 

decrease of $17.3 million from the FY 

2011 fee rule. The required annual fee 

collection in FY 2011 was $546.9 

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 

for most years there will be budgetary 

and other changes that warrant the use 

of the rebaselining method. 

As compared with the FY 2011 

annual fees, the FY 2012 proposed 

rebaselined fees are lower for three 

classes of licensees, operating power 

reactors, spent fuel storage/reactors 

decommissioning facilities, and 

research and test reactors and higher for 

fuel facilities. Within the uranium 

recovery fee class, the annual fees 

decrease for most licensees. The annual 

fee increases for most fee categories in 

the materials users’ fee class. 

The NRC’s total fee recoverable 

budget, as mandated by law, is $6.3 

million lower in FY 2012 as compared 

with FY 2011. The FY 2012 budget was 

allocated to the fee classes that the 

budgeted activities support. The 

decrease is primarily due to the lower 

FY 2012 budget supporting the 

operating reactors, spent fuel storage, 

research and test reactors, partially 

offset by higher FY 2012 budget for 

uranium recovery facilities, materials 

users, and fuel facility reviews. 

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 2012), the estimated 

10 CFR part 170 collections for the 

various classes of licenses, and 

allocation of the fee-relief surplus 

adjustment to all fee classes. The 

percentage of the NRC’s budget not 

subject to fee recovery remained at 10 

percent from FY 2011 to FY 2012. 

Table V shows the rebaselined fees for 

FY 2012 for a representative list of 

categories of licensees. The FY 2011 

amounts are provided for comparison 

purposes. (Individual values may not 

sum to totals due to rounding.) 

TABLE V—REBASELINED ANNUAL FEES

Class/category of licenses FY 2011 

Annual fee 

FY 2012 

Proposed 

annual fee 

Operating Power Reactors (Including Spent Fuel Storage/Reactor Decommissioning Annual Fee) ............. $4,673,000 $4,525,000 

Spent Fuel Storage/Reactor Decommissioning .............................................................................................. 241,000 211,000 

Research and Test Reactors (Nonpower Reactors) ....................................................................................... 86,300 34,700 

High Enriched Uranium Fuel Facility ............................................................................................................... 6,085,000 6,116,000 

Low Enriched Uranium Fuel Facility ................................................................................................................ 2,290,000 2,302,000 

UF6 Conversion Facility ................................................................................................................................... 1,243,000 1,250,000 

Conventional Mills ............................................................................................................................................ 32,300 23,600 

Typical Materials Users: Radiographers (Category 3O) ................................................................................. 25,700 25,900 

Well Loggers (Category 5A) ............................................................................................................................ 10,000 10,200 

Gauge Users (Category 3P) ............................................................................................................................ 4,800 4,900 

Broad Scope Medical (Category 7B) ............................................................................................................... 45,400 46,100 

The work papers that support this 

proposed rule show in detail the 

allocation of the NRC’s budgeted 

resources for each class of licenses and 

how the fees are calculated. The work 

papers are available at http:// 

www.regulations.gov by searching on 

Docket ID NRC–2011–0207, in ADAMS 

at ADAMS Accession No. 

ML12040A341, and in the NRC Library 

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

adams.html. The work papers may also 

be examined at the NRC’s PDR located 

at One White Flint North, Room O1– 

F22, 11555 Rockville Pike, Rockville, 

Maryland 20852. 

Paragraphs a. through h. of this 

section describe the budgeted costs 

allocated to each class of licenses and 

the calculations of the rebaselined fees. 

Individual values in the tables 

presented in this section may not sum 

to totals due to rounding. 


tkelley on DSK3SPTVN1PROD with PROPOSALS3
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a. Fuel Facilities 

The FY 2012 budgeted costs 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) are 

approximately $29 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 10 CFR part 170 

collections and adjusted for allocated 

generic transportation resources and feerelief. In FY 2012, the LLW surcharge 

for fuel facilities is added to the 

allocated fee-relief adjustment (see 

Table IV in Section III.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 2012, with FY 2011 values shown 

for comparison. (Individual values may 

not sum to totals due to rounding.) 

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2011 

final 

FY 2012 

proposed 

Total budgeted resources ................................................................................................................................ $55.7 $54.4 

Less estimated 10 CFR part 170 receipts ...................................................................................................... ¥26.6 ¥26.6 

Net 10 CFR part 171 resources ............................................................................................................... 29.1 27.8 

Allocated generic transportation ...................................................................................................................... +0.6 +0.9 

Fee-relief adjustment/LLW surcharge ............................................................................................................. +0.3 +0.6 

Billing adjustments ........................................................................................................................................... ¥0.0 ¥0.5 

Total required annual fee recovery ................................................................................................... 30.1 28.7 

The decrease in total budgeted 

resources allocated to this fee class from 

FY 2011 to FY 2012 is primarily due to 

decreased support for licensing 

amendments and rulemaking. The NRC 

allocates 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 10 CFR 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). The NRC then 

totals separate effort factors for safety 

and safeguard activities for each fee 

category. 

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). In FY 

2012, the total effort factors for the 

Limited Operations fee category are 

being zeroed because the licenses in this 

fee category were terminated. This 

results in spreading of costs to other fee 

categories. The Uranium Enrichment fee 

category factors have shifted with 

minimal increases and decreases 

between safety and safeguards factors 

compared to FY 2011. 

TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES, FY 2012 

Facility type (fee category) Number of 

facilities 

Effort factors 

(percent of total) 

Safety Safeguards 

High Enriched Uranium Fuel (1.A.(1)(a)) ........................................................................ 2 89 (38.5) 97 (47.0) 


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15538 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES, FY 2012—Continued 

Facility type (fee category) Number of 

facilities 

Effort factors 

(percent of total) 

Safety Safeguards 

Low Enriched Uranium Fuel (1.A.(1)(b)) ......................................................................... 3 70 (30.3) 35 (17.0) 

Limited Operations (1.A.(2)(a)) ........................................................................................ 0 0 (0.0) 0 (0.0) 

Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .................................................. 1 3 (1.3) 15 (7.3) 

Hot Cell (1.A.(2)(c)) ......................................................................................................... 1 6 (2.6) 3 (1.5) 

Uranium Enrichment (1.E) ............................................................................................... 2 51 (22.1) 49 (23.8) 

UF6 Conversion (2.A.(1)) ................................................................................................. 1 12 (5.2) 7 (3.4) 

For FY 2012, the total budgeted 

resources for safety activities, before the 

fee-relief adjustment is made, are $14.9 

million. 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 $13.3 million 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 $0.6 

million 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. The fee 

(rounded) for each facility is 

summarized in Table VIII. 

TABLE VIII—ANNUAL FEES FOR FUEL FACILITIES

Facility type (fee category) 

FY 2012 

Proposed 

annual fee 

High Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................................. $6,116,000 

Low Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................................................. 2,302,000 

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

Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .......................................................................................................... 1,184,000 

Hot Cell (and others) (1.A.(2)(c)) ............................................................................................................................................. 592,000 

Uranium Enrichment (1.E.) ...................................................................................................................................................... 3,288,000 

UF6 Conversion (2.A.(1)) ......................................................................................................................................................... 1,250,000 

b. Uranium Recovery Facilities 

The total FY 2012 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) are approximately $1 million. 

The derivation of this value is shown in 

Table IX, with FY 2011 values shown 

for comparison purposes. 

TABLE IX—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2011 

Final 

FY 2012 

Proposed 

Total budgeted resources ................................................................................................................................ $7.15 $9.52 

Less estimated 10 CFR part 170 receipts ...................................................................................................... ¥6.09 ¥8.30 

Net 10 CFR part 171 resources ............................................................................................................... 1.06 1.22 

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

Fee-relief adjustment ....................................................................................................................................... ¥0.05 ¥0.1 

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

Total required annual fee recovery .......................................................................................................... 1.01 1.03 

The increase in total budgeted 

resources allocated to this fee class from 

FY 2011 is primarily due to increased 

support of licensing activities for new 

applications and U.S. Department of 

Energy’s (DOE’s) Title I licensing 

activities underestimated 10 CFR part 

170 collections. 

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 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS3
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15539 

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 2012, the annual fee assessed to 

DOE includes recovery of the costs 

specifically budgeted for the NRC’s 

UMTRCA Title I activities, plus 10 

percent of the remaining annual fee 

amount, including generic/other costs 

(minus 10 percent of the fee relief 

adjustment), for the uranium recovery 

class. The NRC assesses the remaining 

90 percent generic/other costs minus 90 

percent of the fee relief adjustment, 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. 

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 less 10 CFR part 170 receipts ................................................................................................. $ 751,298 

10 percent of generic/other uranium recovery budgeted costs ................................................................................................... 38,509 

10 percent of uranium recovery fee-relief adjustment ................................................................................................................. ¥10,464 

Total Annual Fee Amount for DOE (rounded) ...................................................................................................................... 779,000 

Annual Fee Amount for Other Uranium Recovery Licenses: 

90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for Title I activities ..... 346,577 

90 percent of uranium recovery fee-relief adjustment ................................................................................................................. ¥94,176 

Total Annual Fee Amount for Other Uranium Recovery Licenses ....................................................................................... 252,401 

The DOE fee increases by 1 percent in 

FY 2012 compared to FY 2011 due to 

slightly higher budgeted resources for 

UMTRCA Title I activities. The annual 

fee for other uranium recovery licensees 

decreases in FY 2012. 

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 

$252,000 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 

2012 matrix is described as follows. 

First, the methodology identifies the 

categories of licenses included in this 

fee class (besides DOE). These categories 

are conventional uranium mills and 

heap leach facilities, uranium In Situ 

Recovery (ISR) 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. 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 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 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). The NRC then 

calculates total and per licensee benefit 

factors for each fee category. These 

benefit factors thus reflect the relative 

regulatory benefit associated with each 

licensee and fee category. 

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 (2.(A).2.a.) ............................. 1 150 150 9 

Basic In Situ Recovery facilities (2.(A).2.b.) .................................... 5 190 950 59 

Expanded In Situ Recovery facilities (2.(A).2.c.) ............................. 1 215 215 13 

In Situ Recovery Resin facilities (2.(A).2.d.) .................................... 1 180 180 11 

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

Uranium water treatment (2.(A).5.) .................................................. 1 45 45 3 

Total .......................................................................................... ............................ ............................ 1,605 ............................

Applying these factors to the 

approximately $252,000 in budgeted 

costs to be recovered from non-DOE 

uranium recovery licensees results in 

the total annual fees for each fee 

category. 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: 


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TABLE XII—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES

[Other than DOE] 

Facility type (fee category) 

FY 2012 

Proposed 

annual fee 

Conventional and Heap Leach mills (2.A.(2)(a)) ......................................................................................................................... $23,600 

Basic In Situ Recovery facilities (2.A.(2)(b)) ............................................................................................................................... 29,900 

Expanded In Situ Recovery facilities (2.A.(2)(c)) ........................................................................................................................ 33,800 

In Situ Recovery Resin facilities (2.A.(2)(d)) ............................................................................................................................... 28,300 

11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ...................................................................................................... 10,200 

Uranium water treatment (2.A.(5)) ............................................................................................................................................... 7,100 

c. Operating Power Reactors 

The $448.6 million in budgeted costs 

to be recovered through FY 2012 annual 

fees assessed to the power reactor class 

was calculated as shown in Table XIII. 

The FY 2011 values are shown for 

comparison. (Individual values may not 

sum to totals due to rounding.) 

TABLE XIII—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations FY 2011 

Final 

FY 2012 

Proposed 

Total budgeted resources ................................................................................................................................ $783.6 $781.4 

Less estimated 10 CFR part 170 receipts ...................................................................................................... ¥320.6 ¥320.6 

Net 10 CFR part 171 resources ............................................................................................................... 463.0 460.9 

Allocated generic transportation ...................................................................................................................... +0.9 +1.3 

Fee-relief adjustment/LLW surcharge ............................................................................................................. ¥3.4 ¥6.3 

Billing adjustments ........................................................................................................................................... 0.4 ¥7.3 

Total required annual fee recovery .......................................................................................................... 460.9 448.6 

The annual fee for power reactors 

decreases in FY 2012 compared to FY 

2011 due to higher fee-relief 

adjustments/LLW surcharges and billing 

adjustments compared to FY 2011. The 

budgeted costs to be recovered through 

annual fees to power reactors are 

divided equally among the 104 power 

reactors licensed to operate, resulting in 

an FY 2012 annual fee of $4,314,000 per 

reactor. Additionally, each power 

reactor licensed to operate would be 

assessed the FY 2012 spent fuel storage/ 

reactor decommissioning annual fee of 

$211,000. The total FY 2012 annual fee 

is $4,525,000 for each power reactor 

licensed to operate. The annual fees for 

power reactors are presented in 

§ 171.15. 

d. Spent Fuel Storage/Reactors in 

Decommissioning 

For FY 2012, budgeted costs of $25.9 

million for spent fuel storage/reactor 

decommissioning are to be recovered 

through annual fees assessed to 10 CFR 

part 50 power reactors, and to 10 CFR 

part 72 licensees who do not hold a 10 

CFR 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. The FY 2011 values are shown 

for comparison. (Individual values may 

not sum to totals due to rounding.) 

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

CLASS

[Dollars in millions] 

Summary fee calculations FY 2011 

Final 

FY 2012 

Proposed 

Total budgeted resources ................................................................................................................................ $33.4 $29.4 

Less estimated 10 CFR part 170 receipts ...................................................................................................... ¥4.0 ¥3.6 

Net 10 CFR part 171 resources ............................................................................................................... 29.4 25.8 

Allocated generic transportation ...................................................................................................................... +0.5 +0.7 

Fee-relief adjustment ....................................................................................................................................... ¥0.2 ¥0.3 

Billing adjustments ........................................................................................................................................... 0.0 ¥0.3 

Total required annual fee recovery .......................................................................................................... 29.7 25.9 

The value of total budgeted resources 

for this fee class is lower in FY 2012 

than in FY 2011, due to decreased 

budgeted resources for spent fuel 

storage licensing and certification 

activities, higher fee-relief surplus and 

billing adjustment, and underestimated 

10 CFR part 170 collections. The 

required annual fee recovery amount is 


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divided equally among 123 licensees, 

resulting in an FY 2012 annual fee of 

$211,000 per licensee. 

e. Research and Test Reactors 

(Nonpower Reactors) 

Approximately $139,000 in budgeted 

costs is to be recovered through annual 

fees assessed to the research and test 

reactor class of licenses for FY 2012. 

Table XV summarizes the annual fee 

calculation for research and test reactors 

for FY 2012. The FY 2011 values are 

shown for comparison. (Individual 

values may not sum to totals due to 

rounding.) 

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

[Dollars in millions] 

Summary fee calculations FY 2011 

Final 

FY 2012 

Proposed 

Total budgeted resources ................................................................................................................................ $1.87 $1.68 

Less estimated 10 CFR part 170 receipts ...................................................................................................... ¥1.54 ¥1.54 

Net 10 CFR part 171 resources ............................................................................................................... 0.33 0.14 

Allocated generic transportation ...................................................................................................................... +0.02 +0.03 

Fee-relief adjustment ....................................................................................................................................... ¥0.01 ¥0.05 

Billing adjustments ........................................................................................................................................... 0.00 ¥0.02 

Total required annual fee recovery .......................................................................................................... 0.35 0.13 

The decrease in annual fees from FY 

2011 to FY 2012 is primarily due to 

decreased budgetary resources for 

nonbillable power reactors. The 

required annual fee recovery amount is 

divided equally among the four research 

and test reactors subject to annual fees 

and results in an FY 2012 annual fee of 

$34,700 for each licensee. 

f. Rare Earth Facilities 

The agency does not anticipate 

receiving an application for a rare earth 

facility this fiscal year, so no budgeted 

resources are allocated to this fee class, 

and no annual fee will be published in 

FY 2012. 

g. Materials Users 

For FY 2012, budget costs of $30.4 

million for material users are to be 

recovered through annual fees assessed 

to 10 CFR part 30 licensees. Table XVI 

shows the calculation of the FY 2012 

annual fee amount for materials users 

licensees. The FY 2011 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. (Individual values may not sum 

to totals due to rounding.) 

TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations FY 2011 

Final 

FY 2012 

Proposed 

Total budgeted resources ................................................................................................................................ $30.0 $30.6 

Less estimated 10 CFR part 170 receipts ...................................................................................................... ¥1.6 ¥1.6 

Net 10 CFR part 171 resources ............................................................................................................... 28.5 29.0 

Allocated generic transportation ...................................................................................................................... +1.0 +1.5 

Fee-relief adjustment/LLW surcharge ............................................................................................................. ¥0.0 +0.1 

Billing adjustments ........................................................................................................................................... ¥0.0 ¥0.2 

Total required annual fee recovery .......................................................................................................... 29.5 30.4 

The total required annual fees to be 

recovered from materials licensees 

increase in FY 2012, mainly because of 

increases in the budgeted resources 

allocated to this fee class for oversight 

activities and a higher LLW surcharge 

partially offset by higher billing 

adjustments compared to FY 2011. 

Annual fees for most fee categories 

within the materials users’ fee class 

increase. 

To equitably and fairly allocate the 

$30.4 million in FY 2012 budgeted costs 

to be recovered in annual fees assessed 

to the approximately 3,000 diverse 

materials users licensees, the NRC will 

continue to base the annual fees for each 

fee category within this class on the 10 

CFR part 170 application fees and 

estimated inspection costs for each fee 

category. Because the application fees 

and inspection costs are indicative of 

the complexity of the 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 $22.2 million 

in general costs (including allocated 

generic transportation costs) and is 1.58 

for FY 2012. The average inspection cost 


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is the average inspection hours for each 

fee category multiplied by the hourly 

rate of $274. The inspection priority is 

the interval between routine 

inspections, expressed in years. The 

inspection multiplier is the multiple 

necessary to recover approximately $8.0 

million in inspection costs, and is 2.3 

for FY 2012. The unique category costs 

are any special costs that the NRC has 

budgeted for a specific category of 

licenses. For FY 2012, approximately 

$110,000 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 surplus adjustment of 

approximately $282,000 allocated to the 

materials users fee class (see Section 

III.B.1, ‘‘Application of Fee-Relief and 

Low-Level Waste Surcharge,’’ of this 

document), and for certain categories of 

these licensees, a share of the 

approximately $335,000 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 2012 generic transportation 

budgeted resources to be recovered 

through annual fees. The FY 2011 

values are shown for comparison. 

(Individual values may not sum to totals 

due to rounding.) 

TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee calculations FY 2011 

Final 

FY 2012 

Proposed 

Total budgeted resources ................................................................................................................................ $7.5 $9.2 

Less estimated 10 CFR part 170 receipts ...................................................................................................... ¥3.4 ¥3.4 

Net 10 CFR part 171 resources ............................................................................................................... 4.1 5.9 

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, 

‘‘Packaging and Transportation of 

Radioactive Material.’’ 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 2012 budgeted resources 

for generic transportation activities 

including those to support DOE CoCs is 

$5.9 million. The increase in 10 CFR 

part 171 resources in FY 2012 compared 

to FY 2011 is primarily due to an 

increase in budgeted resources for 

transportation regulatory programs. 

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. 

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 4 CoCs benefit the entire 

research and test reactor class, but only 

4 of 31 research and test reactors are 

subject to annual fees, the number of 

CoCs used to determine the proportion 

of generic transportation resources 

allocated to research and test reactor 

annual fees equals (4/31)*4, or 0.5 CoCs. 

TABLE XVIII—DISTRIBUTION OF GENERIC TRANSPORTATION RESOURCES, FY 2012 

[Dollars in millions] 

License fee class/DOE 

Number CoCs 

benefiting fee 

class or DOE 

Percentage 

of total 

CoCs 

Allocated 

generic 

transportation 

resources 

Total ................................................................................................................................. 87.5 100.0 $5.86 

DOE ................................................................................................................................. 21.0 24.0 1.41 

Operating Power Reactors .............................................................................................. 20.0 22.9 1.34 

Spent Fuel Storage/Reactor Decommissioning .............................................................. 10.0 11.4 0.67 

Research and Test Reactors ........................................................................................... 0.5 0.6 0.03 

Fuel Facilities ................................................................................................................... 13.0 14.8 0.87 

Materials Users ................................................................................................................ 23.0 26.3 1.54 

The NRC is proposing to assess an 

annual fee to DOE based on the 10 CFR 

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 annual fee includes a 

reduction for the fee-relief surplus 

adjustment (see Section III.B.1, 

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

document), resulting in a total annual 

fee of $1,309,000 for FY 2012. This fee 

increase from FY 2011 is primarily 


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related to higher budgeted resources for 

the NRC’s transportation activities. 

3. Administrative Amendments 

This rule would make certain 

administrative changes for clarity: 

a. § 171.16(d), revise fee schedule. 

Under 10 CFR part 170, the descriptions 

for categories 14A and 14B would be 

revised to add the phrase ‘‘including 

MMLs’’ to capture work activities 

outside of the category 17 description 

involving decommissioning actions and 

activities for MML agencies (i.e., U.S. 

Department of Veteran Affairs, U.S. 

Navy, U.S. Air Force) and the fees 

would be subject to full cost. This 

methodology would ensure equitable fee 

distribution among licensees by 

charging the full cost for services over 

and above routine oversight activities to 

specific MMLs while minimizing the 

financial impact of annual fee 

distribution for all MMLs for the next 

biennial review. 

b. Revise import and export licensing 

descriptions. The import and export 

licensing fee descriptions are updated 

for 15.F, 15.G, 15.J, 15K, and 15H for 

clarity of the rule. 

c. Identify ‘‘POL’’ under 10 CFR 

171.17, ‘‘Proration,’’ as ‘‘possessiononly-license;’’ and 

d. Revise the language for clarity 

under 10 CFR 171.17(a)(3) and (b)(3) for 

downgraded licenses. 

In summary, the NRC is proposing to 

make the following changes to 10 CFR 

part 171: 

1. Use the NRC’s fee-relief surplus to 

reduce all licensees’ annual fees, based 

on their percentage share of the NRC 

budget; 

2. Establish rebaselined annual fees 

for FY 2012; and 

3. Make administrative changes to 

§§ 171.16 and 171.17. 

IV. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, 

well-organized manner that also follows 

other best practices appropriate to the 

subject or field and the intended 

audience. Although regulations are 

exempt under the Act, the NRC is 

applying the same principles to its 

rulemaking documents. Therefore, the 

NRC has written this document, 

including the proposed amended and 

new rule language, to be consistent with 

the Plain Writing Act. In addition, 

where existing rule must be changed, 

the NRC has rewritten that language to 

improve its organization and 

readability. The NRC requests comment 

on the proposed rule specifically with 

respect to the clarity and effectiveness 

of the language used. Comments should 

be sent to the NRC as explained in the 

ADDRESSES caption of this document. 

V. Availability of Documents 

The NRC is making the documents 

identified below available to interested 

persons through one or more of the 

following methods, as indicated. To 

access documents related to this action, 

see the ADDRESSES section of this 

document. 

Document PDR Web ADAMS 

FY 2012 Work Papers ..................................................................................................... X ............................ ML12040A341 

Regulatory Flexibility Analysis ......................................................................................... ............................ ............................ ML12046A885 

Small Entity Compliance Guide ....................................................................................... ............................ ............................ ML12041A317 

NUREG–1100, Volume 27, ‘‘Congressional Budget Justification: Fiscal Year 2012’’ 

(February 2011) ........................................................................................................... X ............................ ............................

NRC Form 526 ................................................................................................................ ............................ X ............................

Vl. 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 2012, as required by the 

OBRA–90, as amended. This action does 

not constitute the establishment of a 

standard that contains generally 

applicable requirements. 

VIl. 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. 

VIII. 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 Office of 

Management and Budget control 

number. 

IX. Regulatory Analysis 

Under OBRA–90, as amended, and 

the Atomic Energy Act of 1954, as 

amended (AEA), the NRC is required to 

recover 90 percent of its budget 

authority, or $909.5 million in FY 2012. 

The NRC established fee methodology 

guidelines for 10 CFR part 170 in 1978 

and more fee methodology guidelines in 

the establishment of 10 CFR part 171 in 

1986. In subsequent rulemakings, the 

NRC has adjusted its fees by rulemaking 

without changing the underlying 

principles of its fee policy in order to 

ensure that the NRC continues to 

comply with the statutory requirements 

for cost recovery in OBRA–90 and the 

AEA. 

In this rulemaking, the NRC proposes 

to continue this long-standing approach. 

Therefore, the NRC did not identify any 

alternatives to the current fee structure 

guidelines and did not prepare a 

regulatory analysis for this rulemaking. 

X. Regulatory Flexibility Analysis 

The NRC is required by the OBRA–90, 

as amended, to recover approximately 

90 percent of its FY 2012 budget 

authority through the assessment of user 

fees. The OBRA–90 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 necessary for the 

NRC to recover its budget authority of 

90 percent for FY 2012. This proposed 

rule would result in increases in the 


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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. 

Additionally, 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, 

the ‘‘Small Entity Compliance Guide’’ is 

available via ADAMS Accession No. 

ML12041A317. 

XI. 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. 553, the NRC 

is proposing to adopt the following 

amendments to 10 CFR parts 170 and 

171. 

PART 170—FEES FOR FACILITIES, 

MATERIALS, IMPORT AND EXPORT 

LICENSES, AND OTHER 

REGULATORY SERVICES UNDER THE 

ATOMIC ENERGY ACT OF 1954, AS 

AMENDED 

1. The authority citation for part 170 

continues to read as follows: 

Authority: Section 9701, Public Law 97– 

258, 96 Stat. 1051 (31 U.S.C. 9701); sec. 301, 

Public Law 92–314, 86 Stat. 227 (42 U.S.C. 

2201w); sec. 201, Public Law 93–438, 88 Stat. 

1242, as amended (42 U.S.C. 5841); sec. 205a, 

Public Law 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, 

Public Law 109–58, 119 Stat. 783 (42 U.S.C. 

2201(w)); sec. 651(e), Public Law 109–58, 119 

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

2111). 

2. 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 $274 per hour. 

3. In § 170.21, in the table, the 

heading for fee category G and fee 

category K are revised to read as 

follows: 

§ 170.21 Schedule of fees for production 

or 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

*******

G. Other Production or Utilization Facility: 

*******

K. Import and export licenses: 

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

or utilization facilities issued under 10 CFR part 110. 

1. Application for import or export of production or utilization facilities4 (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 ..................................................................... $17,800 

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

Application—new license, or amendment; or license exemption request ..................................................................... 9,600 

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 ..................................................................... 4,400 

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

or obtaining foreign government assurances. 

Application—new license, or amendment; or license exemption request ..................................................................... 2,700 

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. 


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15545 

SCHEDULE OF FACILITY FEES—Continued 

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

Minor amendment to license .......................................................................................................................................... 1,400 

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. 

4. 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] .................................................................................................................................... $1,300. 

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 under Category 1.A.4

Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22163, 22170, 23100, 

23300, 23310].

$2,500. 

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. 

(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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS3
15546 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / 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

(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] .................................................................................................................................... $600. 

C. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] ...... $5,400. 

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] ............................................................................................................ $12,800. 

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] ................................................................................................ $4,400. 

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). 

Application [Program Code(s): 02500, 02511, 02513] ............................................................................................................ $6,500. 

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

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

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

Application [Program Code(s): 03510, 03520] ........................................................................................................................ $3,200. 

F. Licenses for possession and use of less than 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] .................................................................................................................................... $6,400. 

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] .................................................................................................................................... $61,200. 

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

device review to persons exempt from the licensing requirements of part 30 of this chapter. 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] ........................................................................................................................ $4,300. 

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

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

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

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

Application [Program Code(s): 03250, 03251, 03252, 03253, 03256] ................................................................................... $11,500. 

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

sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. 

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

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

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

of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. 

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

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

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ........................................................... $5,400. 

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

Application [Program Code(s): 03620] .................................................................................................................................... $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] ..................................................................................................... $6,400. 

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] ........................................................................................................................ $4,000. 

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].

$1,500. 

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

Registration .............................................................................................................................................................................. $400. 

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

limits specified in that section.5


tkelley on DSK3SPTVN1PROD with PROPOSALS3
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15547 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

to 10 times the number of items or limits specified. 

Application [Program Code(s): 02700] ............................................................................................................................. $2,500. 

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] ............................................................................................................................. $1,500. 

S. Licenses for production of accelerator-produced radionuclides. 

Application [Program Code(s): 03210] .................................................................................................................................... $6,500. 

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

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

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] ............................................................................................................ $3,300. 

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] .................................................................................................................................... $21,800. 

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

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] .................................................................................................................................... $8,500. 

C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in 

sealed sources contained in teletherapy devices. 

Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ...................... $2,700. 

8. Civil defense: 

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

Application [Program Code(s): 03710] .................................................................................................................................... $2,500. 

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 ........................................................................................................................................................ $7,700. 

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

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

Application—each source ........................................................................................................................................................ $10,400. 

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

Application—each source ........................................................................................................................................................ $1,040. 

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 ........................................................................................................................................................................ $3,900. 

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


tkelley on DSK3SPTVN1PROD with PROPOSALS3
15548 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / 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

2. Users. 

Application ........................................................................................................................................................................ $3,900. 

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, including MMLs.Full Cost. 

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

the sites have been previously licensed.

Full Cost. 

15. Import and Export licenses: 

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

and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 

15.E.). 

A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive 

Branch review, for example, those actions under 10 CFR 110.40(b). 

Application—new license, or amendment; or license exemption request .............................................................................. $17,800. 

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 .............................................................................. $9,600. 

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 .............................................................................. $4,400. 

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

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

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

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

F. Application for export of Appendix P Category 1 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)) and to obtain one government-to-government consent for this process. For additional 

consent see 15.H.). 

Application—new license, or amendment; or license exemption request .............................................................................. $15,100. 

G. Application for export of Appendix P Category 1 material requiring Executive Branch review and to obtain one government-to-government consent for this process. For additional consents see 15.H. 

Application—new license, or amendment; or license exemption request .............................................................................. $8,800. 

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

export. 

Application—new license, or amendment; or license exemption request .............................................................................. $5,500. 

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

Application—new license, or amendment; or license exemption request .............................................................................. $270. 

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

J. Application for export of Appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)). 

Application—new license, or amendment; or license exemption request .............................................................................. $15,100. 

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

Application—new license, or amendment; or license exemption request .............................................................................. $8,800. 

L. Application for the export of Category 2 materials. 

Application—new license, or amendment; or license exemption request .............................................................................. $5,500. 

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

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

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

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

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

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


tkelley on DSK3SPTVN1PROD with PROPOSALS3
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15549 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

R. Minor amendment of any active export license, for example, to extend the expiration date, change domestic information, 

or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or 

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

Minor amendment .................................................................................................................................................................... $1,400. 

16. Reciprocity: 

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

Application ............................................................................................................................................................................... $2,300. 

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

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

18. Department of Energy. 

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

and other casks, and plutonium air packages). 

Full Cost. 

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

1Types of fees—Separate charges, as shown in the schedule, will be assessed for preapplication 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, preapplication consultations and other documents submitted to the NRC for review, and project manager time for fee categories subject to full cost fees are due upon 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 

5. The authority citation for part 171 

continues to read as follows: 

Authority: Section 7601, Public Law 99– 

272, 100 Stat. 146, as amended by sec. 5601, 

Public Law 100–203, 101 Stat. 1330, as 

amended by sec. 3201, Public Law 101–239, 

103 Stat. 2132, as amended by sec. 6101, 

Public Law 101–508, 104 Stat. 1388, as 

amended by sec. 2903a, Public Law 102–486, 

106 Stat. 3125 (42 U.S.C. 2213, 2214), and as 

amended by Title IV, Public Law 109–103, 

119 Stat. 2283 (42 U.S.C. 2214); sec. 301, 

Public Law 92–314, 86 Stat. 227 (42 U.S.C. 

2201w); sec. 201, Public Law 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), Public Law 109–58, 119 Stat. 806–810 

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

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

introductory text of paragraph (b)(2), 

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

paragraphs (c)(2) and (d)(1), and 

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

revised to read as follows: 

§ 171.15 Annual fees: Reactor licenses 

and independent spent fuel storage 

licenses. 

* * * * * 

(b)(1) The FY 2012 annual fee for each 

operating power reactor which must be 

collected by September 30, 2012, is 

$4,525,000. 


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15550 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

(2) The FY 2012 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 2012 fee-relief adjustment are 

shown in paragraph (d)(1) of this 

section. The activities comprising the 

FY 2012 base annual fee for operating 

power reactors are as follows: 

* * * * * 

(c)(1) The FY 2012 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 $211,000. 

(2) The FY 2012 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 2012 

fee-relief adjustment are shown in 

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

activities comprising the FY 2012 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 2012 fee-relief 

adjustment are as follows: 

* * * * * 

(2) The total FY 2012 fee-relief 

adjustment allocated to the operating 

power reactor class of licenses is a $6.3 

million fee-relief surplus, not including 

the amount allocated to the spent fuel 

storage/reactor decommissioning class. 

The FY 2012 operating power reactor 

fee-relief adjustment to be assessed to 

each operating power reactor is 

approximately a $60,055 fee relief 

surplus. This amount is calculated by 

dividing the total operating power 

reactor fee-relief surplus adjustment, 

$6.3 million, by the number of operating 

power reactors (104). 

(3) The FY 2012 fee-relief adjustment 

allocated to the spent fuel storage/ 

reactor decommissioning class of 

licenses is a $331,202 fee-relief surplus. 

The FY 2012 spent fuel storage/reactor 

decommissioning fee-relief adjustment 

to be assessed to each operating power 

reactor, each power reactor in 

decommissioning or possession-only 

status that has spent fuel onsite, and to 

each independent spent fuel storage 10 

CFR part 72 licensee who does not hold 

a 10 CFR part 50 license, is a $2,693 feerelief surplus. 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 2012 annual fees for 

licensees authorized to operate a 

research and test (nonpower) reactor 

licensed under part 50 of this chapter, 

unless the reactor is exempted from fees 

under § 171.11(a), are as follows: 

Research reactor—$34,700 

Test reactor—$34,700 

7. In § 171.16, paragraph (d) 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. 

* * * * * 

(d) The FY 2012 annual fees are 

comprised of a base annual fee and an 

allocation for fee-relief adjustment. The 

activities comprising the FY 2012 feerelief adjustment are shown for 

convenience in paragraph (e) of this 

section. The FY 2012 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] .............................................. $6,1116,000 

(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] 2,302,000 

(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] .............................................................................. 5 N/A 

(b) Gas centrifuge enrichment demonstration facilities ........................................................................................................ 1,184,000 

(c) Others, including hot cell facilities ................................................................................................................................... 592,000 

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

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] .......................................................................................................................... 7,300 

E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] ................................. 3,288,000 

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] ........................................................................................................................................................ 1,250,000 


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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

(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] ............................................................................... 23,600 

(b) Basic In Situ Recovery facilities [Program Code(s): 11500] ........................................................................................... 29,900 

(c) Expanded In Situ Recovery facilities [Program Code(s): 11510] .................................................................................... 33,800 

(d) In Situ Recovery Resin facilities [Program Code(s): 11550] ........................................................................................... 28,300 

(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] ........ 10,200 

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

drinking water [Program Code(s): 11820] ................................................................................................................................ 7,100 

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

11210] ....................................................................................................................................................................................... 1,800 

C. All other source material licenses [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] ....................... 12,400 

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] ........................................................................................................................................................................... 43,500 

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] ....................................................................................................................................................................................... 12,400 

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). [Program Code(s): 02500, 02511, 02513] 16,900 

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

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

is not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520] .......................................................... 9,100 

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] ......................... 140,900 

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] ........................................................................................ 8,300 

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] ........................................................................................................................................................................... 20,200 

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

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

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

of this chapter [Program Code(s): 03240, 03241, 03243] ........................................................................................................ 4,800 

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

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

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

03611, 03612, 03613] ............................................................................................................................................................... 14,700 

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

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] ....... 14,900 


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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

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] .......................................................... 25,900 

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, 3140, 3130, 03220, 03221, 03222, 03800, 03810, 22130] ............................. 4,900 

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] ..................................................... 9,000 

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

[Program Code(s): 02710] ................................................................................................................................................. 4,900 

S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................... 15,500 

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] ................................ 32,000 

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] ................................................................................................. 14,900 

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] ............. 10,200 

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] ....................................................................................................................... 46,100 

7. Medical licenses: 

A. Licenses issued under 10 CFR 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] ........................................................................ 17,900 

B. Licenses of broad scope issued to medical institutions or two or more physicians under 10 CFR 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] ......................................................................................................................................... 46,100 

C. Other licenses issued under 10 CFR 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] .......................................................................................................................... 8,600 

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] ............................................................................................................................................. 9,000 

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

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

special nuclear material, except reactor fuel devices, for commercial distribution .................................................................. 12,000 

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 ....................................................................................................................................................... 13,900 

C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution ..................................................................................... 16,200 

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 .................................................................................................................................................................... 1,600 

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 10 CFR part 71 of this chapter 

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

2. Users ................................................................................................................................................................................. 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

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 

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 10 CFR parts 30, 40, 70, 72, and 76 of this chapter, including MMLs 7 N/A 

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

been previously licensed .......................................................................................................................................................... 7 N/A 

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

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

17. Master materials licenses of broad scope issued to Government agencies [Program Code(s): 03614] ..................................... 485,000 

18. Department of Energy: 

A. Certificates of Compliance ....................................................................................................................................................... 10 1,309,000 

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities .......................................................................................... 779,000 

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, 2011, 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 10 CFR 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 

2012 fee-relief adjustment are as 

follows: 

* * * * * 

8. In § 171.17, paragraphs (a)(2), (a)(3), 

and (b)(3)(i) are revised to read as 

follows: 

§ 171.17 Proration. 

* * * * * 

(a) * * * 

(2) Terminations. The base operating 

power reactor annual fee for operating 

reactor licensees who have requested 

amendment to withdraw operating 

authority permanently during the FY 

will be prorated based on the number of 

days during the FY the license was in 

effect before docketing of the 

certifications for permanent cessation of 

operations and permanent removal of 

fuel from the reactor vessel or when a 

final legally effective order to 

permanently cease operations has come 

into effect. The spent fuel storage/ 

reactor decommissioning annual fee for 

reactor licensees who permanently 

cease operations and have permanently 

removed fuel from the site during the 

FY will be prorated on the basis of the 

number of days remaining in the FY 

after docketing of both the certifications 

of permanent cessation of operations 

and permanent removal of fuel from the 

site. The spent fuel storage/reactor 

decommissioning annual fee will be 

prorated for those 10 CFR part 72 

licensees who do not hold a 10 CFR part 

50 license who request termination of 

the 10 CFR part 72 license and 

permanently cease activities authorized 


tkelley on DSK3SPTVN1PROD with PROPOSALS3
15554 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

by the license during the FY based on 

the number of days the license was in 

effect before receipt of the termination 

request. The annual fee for materials 

licenses with annual fees of $100,000 or 

greater for a single fee category for the 

current FY will be prorated based on the 

number of days remaining in the FY 

when a termination request or a request 

for a possession-only license is received 

by the NRC, provided the licensee 

permanently ceased licensed activities 

during the specified period. 

(3) Downgraded licenses. The annual 

fee for a materials license with an 

annual fee of $100,000 or greater for a 

single fee category for the current FY, 

that is subject to fees under this part and 

downgraded on or after October 1 of a 

FY, is automatically prorated by the 

agency on the basis of the number of 

days remaining in the FY when the 

application for downgrade is received 

and approved by the NRC, provided the 

licensee permanently ceased the stated 

activities during the specified period. 

* * * * * 

(b) * * * 

(3) * * * 

(i) The annual fee for a materials 

license that is subject to fees under this 

part and downgraded on or after 

October 1 of a FY is automatically 

prorated on the basis of the date when 

the application for downgrade is 

received and approved by the NRC, 

provided the licensee permanently 

ceased the stated activities during the 

specified period. 

* * * * * 

For the Nuclear Regulatory Commission. 

Dated at Rockville, Maryland, this 24th day 

of February 2012. 

J.E. Dyer, 

Chief Financial Officer. 

[FR Doc. 2012–6153 Filed 3–14–12; 8:45 am] 

BILLING CODE 7590–01–P 


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