Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12759 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2, 15, 37, 73, 110, 140, 

170 and 171 

[NRC–2022–0046] 

RIN 3150–AK74 

Fee Schedules; Fee Recovery for 

Fiscal Year 2024 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend the licensing, inspection, special 

project, and annual fees charged to its 

applicants and licensees. The proposed 

amendments are necessary to comply 

with the Nuclear Energy Innovation and 

Modernization Act, which requires the 

NRC to recover, to the maximum extent 

practicable, approximately 100 percent 

of its annual budget less certain 

amounts excluded from this fee 

recovery requirement. 

DATES: Submit comments by March 21, 

2024. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is only able to ensure 

consideration for comments received 

before this date. Because the Nuclear 

Energy Innovation and Modernization 

Act requires the NRC to collect fees for 

fiscal year 2024 by September 30, 2024, 

the NRC must finalize any revisions to 

its fee schedules promptly, and thus is 

unable to grant any extension request of 

the comment period. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0046. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rule. 

• Email comments to: Rulemaking.

Comments@nrc.gov. If you do not 

receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• 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. 

You can read a plain language 

description of this proposed rule at 

https://www.regulations.gov/docket/ 

NRC-2022-0046. For additional 

direction on obtaining information and 

submitting comments, see ‘‘Obtaining 

Information and Submitting Comments’’ 

in the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Rossi, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

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

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Background; Statutory Authority 

III. Discussion 

IV. Regulatory Flexibility Certification 

V. Regulatory Analysis 

VI. Backfitting and Issue Finality 

VII. Plain Writing 

VIII. National Environmental Policy Act 

IX. Paperwork Reduction Act 

Public Protection Notification 

X. Voluntary Consensus Standards 

XI. Availability of Guidance 

XII. Public Meeting 

XIII. Availability of Documents 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2022– 

0046 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0046. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

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

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209 or 

301–415–4737, or by email to PDR.

Resource@nrc.gov. For the convenience 

of the reader, the ADAMS accession 

numbers are provided in the 

‘‘Availability of Documents’’ section of 

this document. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time, Monday through Friday, except 

Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

submission of comments through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2022–0046 in your 

comment. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comments into ADAMS. 

II. Background; Statutory Authority 

The NRC’s fee regulations are 

primarily governed by two laws: (1) the 

Independent Offices Appropriation Act, 

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

the Nuclear Energy Innovation and 

Modernization Act (NEIMA) (42 U.S.C. 

2215). The IOAA authorizes and 

encourages Federal agencies to recover, 

to the fullest extent possible, costs 

attributable to services provided to 

identifiable recipients. Under NEIMA, 

the NRC must recover, to the maximum 

extent practicable, approximately 100 

percent of its annual budget, less the 

budget authority for excluded activities. 

Under section 102(b)(1)(B) of NEIMA, 

‘‘excluded activities’’ include any feerelief activity as identified by the 

Commission, generic homeland security 

activities, waste incidental to 

reprocessing activities, Nuclear Waste 

Fund activities, advanced reactor 

regulatory infrastructure activities, 

Inspector General services for the 

Defense Nuclear Facilities Safety Board, 

research and development at 

universities in areas relevant to the 


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12760 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

NRC’s mission, and a nuclear science 

and engineering grant program. In fiscal 

year (FY) 2024, in addition to the feerelief activities identified by the 

Commission in prior fee rules the 

resources for the Minority Serving 

Institutions Grant Program are also 

identified as a fee-relief activity to be 

excluded from the fee recovery 

requirement (see Table 1, ‘‘Excluded 

Activities,’’ of this document for the list 

of all excluded activities). 

Under NEIMA, the NRC must use its 

IOAA authority first to collect service 

fees for NRC work that provides specific 

benefits to identifiable recipients (such 

as licensing work, inspections, and 

special projects). The NRC’s regulations 

in part 170 of title 10 of the Code of 

Federal Regulations (10 CFR), ‘‘Fees for 

Facilities, Materials, Import and Export 

Licenses, and Other Regulatory Services 

Under the Atomic Energy Act of 1954, 

as Amended,’’ explain how the agency 

collects service fees from specific 

beneficiaries. Because the NRC’s fee 

recovery under the IOAA (10 CFR part 

170) will not equal 100 percent of the 

agency’s total budget authority for the 

FY (less the budget authority for 

excluded activities), the NRC also 

assesses ‘‘annual fees’’ under 10 CFR 

part 171, ‘‘Annual Fees for Reactor 

Licenses and Fuel Cycle Licenses and 

Materials Licenses, Including Holders of 

Certificates of Compliance, 

Registrations, and Quality Assurance 

Program Approvals and Government 

Agencies Licensed by the NRC,’’ to 

recover the remaining amount necessary 

to comply with NEIMA. 

III. Discussion 

FY 2024 Fee Collection—Overview 

The NRC is issuing this FY 2024 

proposed fee rule based on the FY 2024 

budget request as further described in 

the NRC’s FY 2024 Congressional 

Budget Justification (CBJ) (NUREG– 

1100, Volume 39) because a full-year 

appropriation has not yet been enacted 

for FY 2024. The NRC will adjust the 

fees described in this proposed rule to 

reflect the enacted budget authority for 

FY 2024. The FY 2024 budget request is 

$1,006.4 million and proposes the use of 

$27.1 million in carryover to offset the 

Nuclear Reactor Safety budget. As a 

result, the gross budget authority in the 

FY 2024 budget request and the total 

budget authority used in the FY 2024 

proposed fee rule is $979.2 million, 

which would be an increase of $52.1 

million from FY 2023. The increase is 

primarily to support salaries and 

benefits, in accordance with the U.S. 

Office of Management and Budget 

(OMB) guidance. 

As explained previously, certain 

portions of the NRC’s total budget 

authority are excluded from NEIMA’s 

fee recovery requirement under section 

102(b)(1)(B) of NEIMA. Based on the FY 

2024 budget request, these exclusions 

total $156.0 million, which is an 

increase of $19.0 million from FY 2023. 

These excluded activities consist of 

$104.2 million for fee-relief activities, 

$34.2 million for advanced reactor 

regulatory infrastructure activities, 

$15.1 million for generic homeland 

security activities, $1.0 million for 

waste incidental to reprocessing 

activities, and $1.5 million for Inspector 

General services for the Defense Nuclear 

Facilities Safety Board. Table I 

summarizes the excluded activities for 

the FY 2024 proposed fee rule. The FY 

2023 amounts are provided for 

comparison purposes. 

TABLE I—EXCLUDED ACTIVITIES

[Dollars in millions] 

FY 2023 

Final rule 

FY 2024 

Proposed rule 

Fee-Relief Activities: 

International activities ..................................................................................................................................... 28.8 37.5 

Agreement State oversight ............................................................................................................................. 11.9 12.8 

Medical isotope production infrastructure ...................................................................................................... 3.5 0.7 

Fee exemption for nonprofit educational institutions ..................................................................................... 13.5 19.0 

Costs not recovered from small entities under 10 CFR 171.16(c) ................................................................ 8.9 10.4 

Regulatory support to Agreement States ....................................................................................................... 14.2 12.1 

Generic decommissioning/reclamation activities (not related to the operating power reactors and spent 

fuel storage fee classes) ............................................................................................................................. 12.5 2.8 

Uranium recovery program and unregistered general licensees ................................................................... 2.7 5.4 

Potential Department of Defense remediation program Memorandum of Understanding activities ............. 0.9 0.8 

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

Minority Serving Institutions Grant Program .................................................................................................. N/A 2.5 

Subtotal Fee-Relief Activities .................................................................................................................. 97.1 104.2 

Activities under section 102(b)(1)(B)(ii) of NEIMA (Generic Homeland Security activities, Waste Incidental to 

Reprocessing activities, and the Defense Nuclear Facilities Safety Board) ..................................................... 16.1 17.6 

Advanced reactor regulatory infrastructure activities ............................................................................................ 23.8 34.2 

Total Excluded Activities ......................................................................................................................... 137.0 156.0 

After accounting for the exclusions 

from the fee recovery requirement and 

net billing adjustments (i.e., for FY 2024 

invoices that the NRC estimates will not 

be paid during the FY, less payments 

received in FY 2024 for prior-year 

invoices), the NRC estimates that it must 

recover approximately $825.7 million in 

fees in FY 2024. Of this amount, the 

NRC estimates that $205.5 million will 

be recovered through 10 CFR part 170 

service fees and approximately $620.2 

million will be recovered through 10 

CFR part 171 annual fees. Table II 

summarizes the fee recovery amounts 

for the FY 2024 proposed fee rule using 

the FY 2024 budget request and takes 

into account the budget authority for 

excluded activities and net billing 

adjustments. For all information 

presented in the following tables in this 

proposed rule, individual values may 

not sum to totals due to rounding. 

Please see the work papers, available as 

indicated in the ‘‘Availability of 

Documents’’ section of this document, 

for actual amounts. 

Since a full-year appropriation has 

not yet been enacted, the FY 2024 

proposed fee rule is based on the FY 

2024 budget request. As discussed in 

the FY 2024 budget request, this 

proposed rule assumes the utilization of 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12761 

$27.1 million in carryover to offset the 

Nuclear Reactor Safety budget. In 

addition, the proposed rule assumes the 

use of $16.0 million in prior-year 

unobligated carryover funds for the 

University Nuclear Leadership Program, 

which was not included in the budget 

request, but has historically been 

included by Congress in the final 

appropriations bill. The FY 2023 

amounts are provided for comparison 

purposes. If the NRC receives an 

appropriation providing a different total 

budget authority, the final fee rule will 

reflect the final appropriation. 

TABLE II—BUDGET AND FEE RECOVERY AMOUNTS

[Dollars in millions] 

FY 2023 

Final rule 

FY 2024 

Proposed rule 

Total Budget Authority ........................................................................................................................................... $927.2 $979.2 

Less Budget Authority for Excluded Activities: ...................................................................................................... ¥137.0 ¥156.0 

Balance ........................................................................................................................................................... 790.2 823.2 

Fee Recovery Percent ........................................................................................................................................... 100.0 100.0 

Total Amount to be Recovered: ..................................................................................................................... 790.2 823.2 

Less Estimated Amount to be Recovered through 10 CFR part 170 Fees ........................................... ¥195.0 ¥205.5 

Estimated Amount to be Recovered through 10 CFR part 171 Fees .................................................... 595.2 617.7 

10 CFR part 171 Billing Adjustments: 

Unpaid Current Year Invoices (estimated) ..................................................................................................... 3.7 4.5 

Less Payments Received in Current Year for Previous Year Invoices (estimated) ............................... ¥3.3 ¥2.0 

Adjusted 10 CFR part 171 Annual Fee Collections Required ................................................................ 595.6 620.2 

Adjusted Amount to be Recovered through 10 CFR parts 170 and 171 Fees .................................................... $790.6 $825.7 

FY 2024 Fee Collection—Professional 

Hourly Rate 

The NRC uses a professional hourly 

rate to assess fees under 10 CFR part 170 

for specific services it provides. The 

professional hourly rate also helps 

determine flat fees (which are used for 

the review of certain types of license 

applications). This rate is applicable to 

all activities for which fees are assessed 

under §§ 170.21, ‘‘Schedule of fees for 

production and utilization facilities, 

review of standard referenced design 

approvals, special projects, inspections 

and import and export licenses,’’ and 

170.31, ‘‘Schedule of fees for materials 

licenses and other regulatory services, 

including inspections, and import and 

export licenses.’’ The NRC’s 

professional hourly rate is derived by 

adding budgeted resources for: (1) 

mission-direct program salaries and 

benefits; (2) mission-indirect program 

support; and (3) agency support 

(corporate support and the Inspector 

General (IG)). The NRC then subtracts 

certain offsetting receipts and divides 

this total by the mission-direct full-time 

equivalent (FTE) converted to hours (the 

mission-direct FTE converted to hours 

is the product of the mission-direct FTE 

multiplied by the estimated annual 

mission-direct FTE productive hours). 

The only budgeted resources excluded 

from the professional hourly rate are 

those for mission-direct contract 

resources, which are generally billed to 

licensees separately. The following 

shows the professional hourly rate 

calculation: 

For FY 2024, the NRC is proposing to 

increase the professional hourly rate 

from $300 to $321. The 7.1 percent 

increase in the professional hourly rate 

is primarily due to a 7.3 percent 

increase in budgeted resources of 

approximately $56.6 million. The 

increase in budgeted resources is 

primarily due to the following: (1) an 

increase in mission-direct FTE to 

support new reactor licensing activities, 

the review of license renewal 

applications, an increased workload 

within the reactor decommissioning 

program; and (2) an increase in the 

fully-costed FTE rate compared to FY 

2023 due to an increase in salaries and 

benefits to support Federal pay raises 

for NRC employees. 

In addition, the NRC anticipates an 

increase in mission-direct FTE to 

support the increase in licensing and 

decommissioning activities. This 

anticipated increase in the number of 

mission-direct FTE compared to FY 

2023 partially offsets the proposed 

increase in the professional hourly rate 

caused by the overall estimated increase 

in budgeted resources. The professional 

hourly rate is inversely related to the 

mission-direct FTE amount; therefore, 

as the number of mission-direct FTE 

increase, the professional hourly rate 

may decrease. Based on the FY 2024 

budget request, the number of missiondirect FTE is expected to increase by 

approximately 58, primarily to support 

the following: (1) the review of new 

reactor licensing activities, including 

the review of standard design approvals, 

pre-application activities, and 

construction permits; (2) licensing and 

oversight activities for the reactor 

decommissioning program, which 

includes both power and non-power 

reactors in various stages of 

decommissioning; (3) the review of 

licensing actions related to enrichment 

and manufacturing of high assay lowenrichment uranium (HALEU) fuel and 

accident tolerant fuel (ATF); and (4) the 

review of one new fuel facility license 

application (TRISO–X, LLC) and one 

new medical isotope facility (Niowave). 

The FY 2024 estimate for annual 

mission-direct FTE productive hours is 

1,500 hours, which is a decrease from 

1,551 hours in FY 2023. This estimate 

reflects the average number of hours 

that a mission-direct employee spends 

on mission-direct work annually. This 

estimate, therefore, excludes hours 

charged to annual leave, sick leave, 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP20FE24.000</GPH>

Professional 

Hourly Rate 

= Budgeted Resources 

Mission-Direct FTE Converted to 

Hours 

= $834.1 million 

1,730.4 X 1,500 

= $321 
12762 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

1The fees collected by the NRC for Freedom of 

Information Act (FOIA) services and indemnity fees 

(financial protection required of all licensees for 

public liability claims at 10 CFR part 140) are 

subtracted from the budgeted resources amount 

when calculating the 10 CFR part 170 professional 

hourly rate, per the guidance in OMB Circular A– 

25, ‘‘User Charges.’’ The budgeted resources for 

FOIA activities are allocated under the product for 

Information Services within the Corporate Support 

business line. The budgeted resources for 

indemnity activities are allocated under the 

Licensing Actions and Research and Test Reactors 

products within the Operating Reactors business 

line. 

holidays, training, and general 

administrative tasks. Table III shows the 

professional hourly rate calculation 

methodology. The FY 2023 amounts are 

provided for comparison purposes. 

TABLE III—PROFESSIONAL HOURLY RATE CALCULATION

[Dollars in millions, except as noted] 

FY 2023 

Final rule 

FY 2024 

Proposed rule 

Mission-Direct Program Salaries & Benefits ......................................................................................................... $359.2 $395.1 

Mission-Indirect Program Support ......................................................................................................................... $118.8 $120.2 

Agency Support (Corporate Support and the IG) ................................................................................................. $299.5 $318.9 

Subtotal ........................................................................................................................................................... $777.5 $834.1 

Less Offsetting Receipts 1 ..................................................................................................................................... $0.0 $0.0 

Total Budgeted Resources Included in Professional Hourly Rate ................................................................. $777.5 $834.1 

Mission-Direct FTE ................................................................................................................................................ 1,672.2 1,730.4 

Annual Mission-Direct FTE Productive Hours (Whole numbers) .......................................................................... 1,551 1,500 

Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual Mission-Direct FTE Productive Hours) .......................................................................................................................................................... 2,593,582 2,595,600 

Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by Mission-Direct FTE Converted to Hours) (Whole Numbers) ................................................................................... $300 $321 

FY 2024 Fee Collection—Flat 

Application Fee Changes 

The NRC proposes to amend the flat 

application fees it charges in its 

schedule of fees in § 170.31 to reflect the 

revised professional hourly rate of $321. 

The NRC charges these fees to 

applicants for materials licenses and 

other regulatory services, as well as to 

holders of materials licenses. The NRC 

calculates these flat fees by multiplying 

the average professional staff hours 

needed to process the licensing actions 

by the professional hourly rate for FY 

2024. As part of its calculations, the 

NRC analyzes the actual hours spent 

performing licensing actions and 

estimates the five-year average of 

professional staff hours that are needed 

to process licensing actions as part of its 

biennial review of fees. These actions 

are required by section 205(a) of the 

Chief Financial Officers Act of 1990 (31 

U.S.C. 902(a)(8)). The NRC performed 

this review for the FY 2023 proposed fee 

rule and will perform this review again 

for the FY 2025 proposed fee rule. The 

higher professional hourly rate of $321 

is the primary reason for the increase in 

flat application fees (see the work 

papers). 

In order to simplify billing, the NRC 

rounds these flat fees to a minimal 

degree. Specifically, the NRC rounds 

these flat fees (up or down) in such a 

way that ensures both convenience for 

its stakeholders and minimal effects due 

to rounding. Accordingly, fees under 

$1,000 are rounded to the nearest $10, 

fees between $1,000 and $100,000 are 

rounded to the nearest $100, and fees 

greater than $100,000 are rounded to the 

nearest $1,000. 

The proposed flat fees are applicable 

for certain materials licensing actions 

(see fee categories 1.C. through 1.D., 2.B. 

through 2.F., 3.A. through 3.S., 4.B. 

through 5.A., 6.A. through 9.D., 10.B., 

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

§ 170.31). Applications filed on or after 

the effective date of the FY 2024 final 

fee rule will be subject to the revised 

fees in the final rule. Since international 

activities are excluded from the fee 

recovery requirement, fees are not 

assessed for import and export licensing 

actions under 10 CFR parts 170 and 171. 

FY 2024 Fee Collection—Low-Level 

Waste Surcharge 

The NRC proposes to assess a generic 

low-level waste (LLW) surcharge of 

$3.820 million. Disposal of LLW occurs 

at commercially-operated LLW disposal 

facilities that are licensed by either the 

NRC or an Agreement State. Four 

existing LLW disposal facilities in the 

United States accept various types of 

LLW. All are located in Agreement 

States and, therefore, are regulated by an 

Agreement State, rather than the NRC. 

The NRC proposes to allocate this 

surcharge to its licensees based on data 

available in the U.S. Department of 

Energy’s (DOE) Manifest Information 

Management System. This database 

contains information on total LLW 

volumes disposed of by four generator 

classes: academic, industrial, medical, 

and utility. The ratio of waste volumes 

disposed of by these generator classes to 

total LLW volumes disposed over a 

period of time is used to estimate the 

portion of this surcharge that will be 

allocated to the power reactors, fuel 

facilities, and the materials users fee 

classes. The materials users fee class 

portion is adjusted to account for the 

large percentage of materials licensees 

that are licensed by the Agreement 

States rather than the NRC. 

Table IV shows the allocation of the 

LLW surcharge and its allocation across 

the various fee classes. 


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TABLE IV—ALLOCATION OF LLW SURCHARGE, FY 2024 

[Dollars in millions] 

Fee classes 

LLW surcharge 

Percent $ 

Operating Power Reactors .................................................................................................................................... 86.9 3.320 

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

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

Fuel Facilities ......................................................................................................................................................... 10.4 0.397 

Materials Users ...................................................................................................................................................... 2.7 0.103 

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

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

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

Total ................................................................................................................................................................ 100.0 3.820 

FY 2024 Fee Collection—Revised 

Annual Fees 

In accordance with SECY–05–0164, 

‘‘Annual Fee Calculation Method,’’ the 

NRC rebaselines its annual fees every 

year. ‘‘Rebaselining’’ entails analyzing 

the budget in detail and then allocating 

the FY 2024 budgeted resources to 

various classes or subclasses of 

licensees. It also includes updating the 

number of NRC licensees in its fee 

calculation methodology. 

The NRC is proposing revisions to its 

annual fees in §§ 171.15 and 171.16 to 

recover approximately 100 percent of 

the FY 2024 budget request less the 

budget authority for excluded activities, 

the estimated amount to be recovered 

through 10 CFR part 170 fees, and the 

assumed utilization of $27.1 million in 

carryover to offset the Nuclear Reactor 

Safety budget. 

Table V shows the proposed 

rebaselined fees for FY 2024 for a 

sample of licensee categories. The FY 

2023 amounts are provided for 

comparison purposes. 

TABLE V—REBASELINED ANNUAL FEES

[Actual dollars] 

Class/category of licenses FY 2023 final 

annual fee 

FY 2024 proposed 

annual fee 

Operating Power Reactors ...................................................................................................................... $5,492,000 $5,488,000 

+ Spent Fuel Storage/Reactor Decommissioning ................................................................................... 261,000 330,000 

Total, Combined Fee ........................................................................................................................ 5,753,000 5,818,000 

Spent Fuel Storage/Reactor Decommissioning ...................................................................................... 261,000 330,000 

Non-Power Production or Utilization Facilities ........................................................................................ 96,300 97,700 

High Enriched Uranium Fuel Facility (Category 1.A.(1)(a)) .................................................................... 5,156,000 6,307,000 

Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b)) ..................................................................... 1,747,000 2,138,000 

Uranium Enrichment (Category 1.E) ....................................................................................................... 2,247,000 2,748,000 

UF6 Conversion and Deconversion Facility (Category 2.A.(1)) .............................................................. 1,095,000 1,339,000 

Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .......................................................................... 52,200 54,300 

Typical Users: 

Radiographers (Category 3O) .......................................................................................................... 37,900 43,900 

All Other Specific Byproduct Material Licensees (Category 3P) ..................................................... 12,300 14,500

Medical Other (Category 7C) ........................................................................................................... 18,000 21,400 

Device/Product Safety Evaluation—Broad (Category 9A) ............................................................... 24,100 29,600 

The work papers that support this 

proposed rule show in detail how the 

NRC allocates the budgeted resources 

for each class of licensees and calculates 

the fees. 

Paragraphs a. through h. of this 

section describe the budgeted resources 

allocated to each class of licensees and 

the calculations of the rebaselined fees. 

For more information about detailed fee 

calculations for each class, please 

consult the accompanying work papers 

for this proposed rule. 

a. Operating Power Reactors 

The NRC proposes to collect $515.9 

million in annual fees from the 

operating power reactors fee class in FY 

2024, as shown in table VI. The FY 2023 

operating power reactors fees are shown 

for comparison purposes. 

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

Total budgeted resources ...................................................................................................................................... $665.3 $675.1 

Less estimated 10 CFR part 170 receipts ............................................................................................................ ¥158.9 ¥165.3 

Net 10 CFR part 171 resources ..................................................................................................................... 506.4 509.9 


ddrumheller on DSK120RN23PROD with PROPOSALS1
12764 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

2As explained above, the NRC is issuing this FY 

2024 proposed fee rule based on the FY 2024 

budget request because a full-year appropriation has 

not yet been enacted for FY 2024. If the enacted 

budget authority for FY 2024 does not include the 

assumed utilization of $27.1 million in carryover to 

offset the Nuclear Reactor Safety budget, it is likely 

that the annual fee for the operating power reactors 

fee class could increase. 

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

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

Allocated generic transportation ............................................................................................................................ 0.5 0.6 

Allocated LLW surcharge ...................................................................................................................................... 3.5 3.3 

Billing adjustment ................................................................................................................................................... 0.3 2.1 

Total required annual fee recovery ................................................................................................................ 510.7 515.9 

Total operating reactors ................................................................................................................................. 93 94 

Annual fee per operating reactor ........................................................................................................................... $5.492 $5.488 

In comparison to FY 2023, the FY 

2024 proposed annual fee for the 

operating power reactors fee class is 

decreasing primarily due to the 

following: (1) an anticipated increase in 

10 CFR part 170 estimated billings; (2) 

an increase in the total number of 

operating power reactors from 93 to 94; 

and (3) the assumed utilization of $27.1 

million in carryover to offset the 

Nuclear Reactor Safety budget. As 

discussed further below, the assumed 

utilization of carryover mitigates the 

proposed increase in the budgeted 

resources for the operating power 

reactors fee class.2 The decrease in the 

proposed annual fee for the operating 

power reactors fee class is partially 

offset due to the following: (1) an 

increase in the budgeted resources; and 

(2) an increase in the 10 CFR part 171 

billing adjustment. 

The 10 CFR part 170 estimated 

billings increased primarily due to the 

following: (1) an anticipated increase in 

hours associated with the review of an 

increasing number of license renewal 

applications; and (2) an anticipated 

increase in new reactor licensing 

activities, including the review of 

standard design approvals, preapplication activities, and construction 

permits. This estimated increase is 

partially offset by an expected decline 

in the submission of topical reports. As 

explained above, because the NRC’s fee 

recovery under 10 CFR part 170 will not 

equal approximately 100 percent of the 

agency’s budget authority for the fiscal 

year, the NRC also assesses 10 CFR part 

171 annual fees. Estimated 10 CFR part 

170 billings, therefore, are inversely 

related to the projected annual fee for a 

fee class. The more the NRC estimates 

to collect in 10 CFR part 170 billings, 

the less it estimates to collect in annual 

fees. 

The increase in the budgeted 

resources for the operating power 

reactors fee class is primarily due to the 

following: (1) an increase to support 

new reactor licensing activities, 

including the review of standard design 

approvals, pre-application activities, 

and construction permits; (2) an 

increase to support the review of license 

renewal applications; and (3) an 

increase in the fully-costed FTE rate 

compared to FY 2023 due to an increase 

in salaries and benefits. However, the 

effect of the increase on the proposed 

annual fee for the operating power 

reactors fee class is offset primarily due 

to the assumed use of $27.1 million in 

carryover to offset the Nuclear Reactor 

Safety budget as described in the FY 

2024 budget request. The increase in 

budgeted resources is also mitigated by 

the following: (1) an expected decline in 

topical report submissions, guidance 

development, and process improvement 

activities; (2) a reduction in 

construction inspection activities due to 

the transition of the Vogtle Electric 

Generating Plant (Vogtle Unit 3) and the 

expected transition of Vogtle Unit 4 

from construction into operation; and 

(3) a reduction in rulemaking activities. 

The proposed annual fee is also 

affected by: (1) an increase in the 10 

CFR part 171 billing adjustment due to 

the timing of invoices issued in FY 

2023; and (2) an increase in the generic 

transportation surcharge due to an 

increase in the overall budgeted 

resources for certificates of compliance 

(CoCs) for the operating power reactors 

fee class. 

The proposed fee-recoverable 

budgeted resources are divided equally 

among the 94 licensed operating power 

reactors, an increase of one operating 

power reactor compared to FY 2023 due 

the proposed assessment of annual fees 

for Vogtle Unit 4, resulting in a 

proposed annual fee of $5,488,000 per 

operating power reactor. Additionally, 

the NRC estimates that each licensed 

operating power reactor will be assessed 

the FY 2024 spent fuel storage/reactor 

decommissioning proposed annual fee 

of $330,000 (see Table VII and the 

discussion that follows). The NRC 

estimates that the combined FY 2024 

proposed annual fee for each operating 

power reactor will be $5,818,000. 

Section 102(b)(3)(B)(i) of NEIMA 

established a cap for the annual fees 

charged to operating reactor licensees; 

under this provision, the annual fee for 

an operating reactor licensee, to the 

maximum extent practicable, shall not 

exceed the annual fee amount per 

operating reactor licensee established in 

the FY 2015 final fee rule (80 FR 37432; 

June 30, 2015), adjusted for inflation. 

The NRC included an estimate of the 

operating power reactors fee class 

annual fee in Appendix C, ‘‘Estimated 

Operating Power Reactors Annual Fee,’’ 

of the FY 2024 CBJ to increase 

transparency for stakeholders. The NRC 

developed this estimate based on the 

staff’s allocation of the FY 2024 CBJ to 

fee classes under 10 CFR part 170, and 

allocations within the operating power 

reactors fee class under 10 CFR part 171. 

The fee estimate included in the FY 

2024 CBJ assumed 94 operating power 

reactors in FY 2024 and applied various 

data assumptions from the FY 2022 final 

fee rule. Based on these allocations and 

assumptions, the operating power 

reactors fee class annual fee included in 

the FY 2024 CBJ was estimated to be 

$5.3 million, approximately $0.6 

million below the FY 2015 operating 

power reactors annual fee amount 

adjusted for inflation of $5.9 million. 

Although this proposed rule is based on 

the FY 2024 budget request, the 

assumptions made between budget 

formulation and the development of this 

proposed rule have changed such that 

the proposed annual fee for the 

operating power reactor fee class is 

$5.488, compared to the estimated $5.3 

million in the CBJ. However, the FY 

2024 proposed annual fee of $5,488,000 

remains below the FY 2015 operating 

power reactors fee class annual fee 

amount, as adjusted for inflation. 


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Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12765 

In FY 2016, the NRC amended 10 CFR 

171.15 to establish a variable annual fee 

structure for light-water reactor (LWR) 

small modular reactors (SMRs) (81 FR 

32617; May 24, 2016). In FY 2023, the 

NRC further amended § 171.5 to: (1) 

expand the applicability of the SMR 

variable fee structure to include nonLWR SMRs; and (2) establish an 

additional minimum fee and variable 

rate applicable to SMRs with a licensed 

thermal power rating of less than or 

equal to 250 megawatts-thermal (MWt) 

(88 FR 39120; June 15, 2023). This 

revision to the SMR variable annual fee 

structure retained the bundled unit 

concept for SMRs and the approach for 

calculating fees for reactors, or bundled 

units, with licensed thermal power 

ratings greater than 250 MWt. 

Currently, there are no operating 

SMRs; therefore, the NRC will not assess 

an annual fee in FY 2024 for this type 

of licensee. 

b. Spent Fuel Storage/Reactor 

Decommissioning 

The NRC proposes to collect $41.0 

million in annual fees from 10 CFR part 

50 and 10 CFR part 52 power reactor 

licensees, and from 10 CFR part 72 

licensees that do not hold a 10 CFR part 

50 license or a 10 CFR part 52 combined 

license, to recover the budgeted 

resources for the spent fuel storage/ 

reactor decommissioning fee class in FY 

2024, as shown in table VII. The FY 

2023 spent fuel storage/reactor 

decommissioning fees are shown for 

comparison purposes. 

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

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

Total budgeted resources ...................................................................................................................................... $42.9 $51.0 

Less estimated 10 CFR part 170 receipts ............................................................................................................ ¥12.4 ¥12.2 

Net 10 CFR part 171 resources ..................................................................................................................... 30.5 38.8 

Allocated generic transportation costs .................................................................................................................. 1.6 2.0 

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

Total required annual fee recovery ................................................................................................................ 32.1 41.0 

Total spent fuel storage facilities .................................................................................................................... 123 124 

Annual fee per facility ............................................................................................................................................ $0.261 $0.330 

In comparison to FY 2023, the FY 

2024 proposed annual fee for the spent 

fuel storage/reactor decommissioning 

fee class is increasing primarily due to 

a rise in the budgeted resources and an 

expected decrease in 10 CFR part 170 

estimated billings. The proposed annual 

fee is partially offset by an increase in 

the number of licensees increasing from 

123 to 124. 

The budgeted resources increased 

primarily to support the following: (1) 

an increase in FTEs to support licensing 

and oversight activities for the reactor 

decommissioning program, which 

includes both power and non-power 

reactors in various stages of 

decommissioning; and (2) an increase in 

the fully-costed FTE rate compared to 

FY 2023 due to an increase in salaries 

and benefits. 

The proposed annual fee is also 

increasing due to the expected decrease 

in the 10 CFR part 170 estimated 

billings, which in turn is primarily due 

to the following: (1) the completion of 

the safety and environmental review of 

the Holtec HI–STORE consolidated 

interim storage facility application; (2) 

the termination of the license for the La 

Crosse Boiling Water Reactor; and (3) a 

decrease in decommissioning licensing 

and inspection activities at multiple 

sites. This decrease is expected to be 

partially offset by the following: (1) an 

increase in hours to support the staff’s 

review of a new fuel storage system; and 

(2) an increase to support the staff’s 

review of applications for renewals, 

amendments, exemptions, and 

inspections for independent spent fuel 

storage installation and dry cask storage 

CoCs at multiple sites. 

The proposed increase in the annual 

fee is also affected by these contributing 

factors: (1) an increase in the generic 

transportation surcharge due to an 

increase in the generic transportation 

budgeted resources for the spent fuel 

storage/reactor decommissioning fee 

class; and (2) an increase in the 10 CFR 

part 171 billing adjustment due to the 

timing of invoices in FY 2023. 

The required annual fee recovery 

amount is divided equally among 124 

licensees, an increase of one licensee 

compared to FY 2023 due to the 

proposed assessment of annual fees for 

Vogtle Unit 4, resulting in a proposed 

FY 2024 annual fee of $330,000 per 

licensee. 

c. Fuel Facilities 

The NRC proposes to collect $24.9 

million in annual fees from the fuel 

facilities fee class in FY 2024, as shown 

in table VIII. The FY 2023 fuel facilities 

fees are shown for comparison 

purposes. 

TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

Total budgeted resources ...................................................................................................................................... $26.6 $32.4 

Less estimated 10 CFR part 170 receipts ............................................................................................................ ¥9.2 ¥10.5 

Net 10 CFR part 171 resources ..................................................................................................................... 17.4 21.9 

Allocated generic transportation ............................................................................................................................ 1.9 2.5 

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


ddrumheller on DSK120RN23PROD with PROPOSALS1
12766 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

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

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

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

Total remaining required annual fee recovery ............................................................................................... $19.7 $24.9 

In comparison to FY 2023, the FY 

2024 proposed annual fee for the fuel 

facilities fee class is increasing 

primarily due to a rise in budgeted 

resources. This is partially offset by an 

expected increase in 10 CFR part 170 

estimated billings. As explained above, 

because the NRC’s fee recovery under 10 

CFR part 170 will not equal 

approximately 100 percent of the 

agency’s budget authority for the fiscal 

year (less the budget authority for 

excluded activities), the NRC also 

assesses 10 CFR part 171 annual fees. 

Estimated 10 CFR part 170 billings, 

therefore, are inversely related to the 

proposed annual fee for a fee class. The 

more the NRC estimates to collect in 10 

CFR part 170 billings, the less it 

estimates to collect in annual fees. 

While the NRC anticipates an increase 

in 10 CFR part 170 estimated billings, 

this anticipated increase was not 

enough to offset the overall increase in 

budgetary resources in the FY 2024 

budget request. 

In the FY 2024 budget request, which 

this proposed rule is based on, the 

budgeted resources increased primarily 

to support the following: (1) the review 

of licensing actions related to 

enrichment and manufacturing of 

HALEU fuel and ATF; (2) the review of 

two fuel facility license applications; (3) 

the development and maintenance of 

licensing guidance; (4) emergency 

preparedness and physical security 

reviews for license amendments and 

renewals; (5) programmatic oversight 

activities in support for Category II fuel 

facilities and an anticipated new fuel 

facility; (6) associated fuel facilities 

rulemaking activities; and (7) an 

increase in the fully-costed FTE rate 

compared to FY 2023 due to an increase 

in salaries and benefits. The increase in 

budgetary resources is partially offset 

due to a decline in IT services. 

The proposed increase in the annual 

fee is also affected by these contributing 

factors: (1) a rise in the generic 

transportation surcharge due to a new 

CoC within the fuel facilities fee class; 

and (2) a surcharge in the 10 CFR part 

171 billing adjustment due to the timing 

of invoices in FY 2023. 

The proposed annual fee is partially 

offset by an anticipated increase in the 

10 CFR part 170 estimated billings. The 

10 CFR part 170 estimated billings are 

expected to increase primarily due to 

the following: (1) the continued review 

of the TRISO–X, LLC, fuel fabrication 

facility application; (2) the review of 

anticipated license amendment 

requests; and (3) the review of the 

National Institute of Standards and 

Technology’s license renewal 

application for possession and use of its 

special nuclear material. Yet, this 

increase is offset by the following: (1) 

the completion of the review of 

Westinghouse Electric Company, LLC’s 

license transfer application; (2) the near 

completion of the review of the Global 

Nuclear Fuel Americas, LLC, 

amendment for an increase in 

enrichment activities up to 8 weight 

percent uranium-235; (3) the delay of 

the submittal of Global Nuclear Fuel 

Americas, LLC, amendment for an 

increase in enrichment activities up to 

20 weight percent uranium-235; and (4) 

the delay of a new fuel facility 

application. 

The NRC will continue allocating 

annual fees to individual fuel facility 

licensees based on the effort/fee 

determination matrix developed in the 

FY 1999 final fee rule (64 FR 31448; 

June 10, 1999). To briefly recap, the 

matrix groups licensees within this fee 

class into various fee categories. The 

matrix lists processes that are conducted 

at licensed sites and assigns effort 

factors for the safety and safeguards 

activities associated with each process 

(these effort levels are reflected in table 

IX). The annual fees are then distributed 

across the fee class based on the 

regulatory effort assigned by the matrix. 

The effort factors in the matrix represent 

regulatory effort that is not recovered 

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

rulemaking, guidance). Regulatory effort 

for activities that are subject to 10 CFR 

part 170 fees, such as the number of 

inspections, is not applicable to the 

effort factor. 

NRC authorized the Centrus American 

Centrifuge Plant to begin its HALEU 

demonstration program operations at 

the Category II level on September 21, 

2023. In the FY 2024 proposed fee rule, 

this change in operations caused the 

safeguard effort factors for ‘‘scrap/ 

waste’’ to increase from 0 (no effort) to 

1 (low effort), ‘‘enrichment’’ to increase 

from 5 (moderate effort) to 10 (high 

effort) and ‘‘sensitive information’’ to 

increase from 5 (moderate effort) to 10 

(high effort), resulting in an increase of 

the safeguards efforts factors from 11 to 

22 compared to the FY 2023 final fee 

rule. 

TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2024 

Facility type 

(fee category) 

Number of 

facilities 

Effort factors 

Safety Safeguards 

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

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

Limited Operations (1.A.(2)(a)) .................................................................................................... 1 3 22 

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

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

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

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

Total ...................................................................................................................................... 8 189 164 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12767 

3Congress established the two programs, Title I 

and Title II, under UMTRCA to protect the public 

and the environment from hazards associated with 

uranium milling. The UMTRCA Title I program is 

for remedial action at abandoned mill tailings sites 

where tailings resulted largely from production of 

uranium for weapons programs. The NRC also 

regulates DOE’s UMTRCA Title II program, which 

is directed toward uranium mill sites licensed by 

the NRC or Agreement States in or after 1978. 

In FY 2024, the total remaining 

amount of the proposed annual fees that 

the NRC estimates to be recovered, 

$24.9 million, is attributable to safety 

activities, safeguards activities, and the 

LLW surcharge. For FY 2024, the total 

budgeted resources proposed to be 

recovered as annual fees for safety 

activities are approximately $13.1 

million. To calculate the annual fee, the 

NRC allocates this amount to each fee 

category based on its percentage of the 

total regulatory effort for safety 

activities. Similarly, the NRC allocates 

the budgeted resources that the NRC 

estimates to be recovered as annual fees 

for safeguards activities, $11.4 million, 

to each fee category based on its 

percentage of the total regulatory effort 

for safeguards activities. Finally, the 

fuel facilities fee class portion of the 

LLW surcharge—$0.4 million—is 

allocated to each fee category based on 

its percentage of the total regulatory 

effort for both safety and safeguards 

activities. The proposed annual fee per 

licensee is then calculated by dividing 

the estimated total allocated budgeted 

resources for the fee category by the 

number of licensees in that fee category. 

The proposed annual fee for each 

facility is summarized in table X. 

TABLE X—ANNUAL FEES FOR FUEL FACILITIES

[Actual dollars] 

Facility type 

(fee category) 

FY 2023 final 

annual fee 

FY 2024 proposed 

annual fee 

High Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................ $5,156,000 $6,307,000 

Low Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................. 1,747,000 2,138,000 

Facilities with limited operations (1.A.(2)(a)) ........................................................................................... 807,000 1,762,000 

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

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

Uranium Enrichment (1.E.) ...................................................................................................................... 2,247,000 2,748,000 

UF6 Conversion and Deconversion (2.A.(1)) .......................................................................................... 1,095,000 1,339,000 

d. Uranium Recovery Facilities 

The NRC proposes to collect $0.3 

million in annual fees from the uranium 

recovery facilities fee class in FY 2024, 

as shown in table XI. The FY 2023 

uranium recovery facilities fees are 

shown for comparison purposes. 

TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

Total budgeted resources ...................................................................................................................................... $0.5 $0.7 

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

Net 10 CFR part 171 resources ..................................................................................................................... 0.2 0.3 

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

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

Total required annual fee recovery ................................................................................................................ $0.2 $0.3 

In comparison to FY 2023, the FY 

2024 proposed annual fee for the nonDOE licensee in the uranium recovery 

facilities fee class is increasing 

primarily due to a rise in budgeted 

resources attributed to licensing reviews 

associated with one licensed uranium 

recovery facility and two licensed, but 

not yet constructed, uranium recovery 

facilities. 

The NRC regulates DOE’s Title I and 

Title II activities under the Uranium 

Mill Tailings Radiation Control Act 

(UMTRCA).3 The proposed annual fee 

assessed to DOE includes the resources 

specifically budgeted for the NRC’s 

UMTRCA Title I and Title II activities, 

as well as 10 percent of the remaining 

budgeted resources for this fee class. 

The NRC described the overall 

methodology for determining fees for 

UMTRCA in the FY 2002 fee rule (67 FR 

42612; June 24, 2002), and the NRC 

continues to use this methodology. 

DOE’s UMTRCA proposed annual fee is 

increasing compared to FY 2023 

primarily due to a rise in budgeted 

resources needed to conduct generic 

work that the staff will be performing to 

resolve the following: (1) issues 

associated with abandoned uranium 

mine waste cleanups and the potential 

waste disposal on or near uranium mill 

tailings sites including existing DOE 

sites under NRC oversight; (2) 

coordination on license termination 

strategies for sites; and (3) performance 

issues relating to existing cover systems 

at mill tailings sites. The proposed 

annual fee is partially offset by a rise in 

the 10 CFR part 170 estimated billings 

for the anticipated workload increases at 

various DOE UMTRCA sites. The NRC 

assesses the remaining 90 percent of its 

budgeted resources to the remaining 

licensee in this fee class, as described in 

the work papers, which is reflected in 

table XII. 


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12768 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

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

[Actual dollars] 

Summary of costs FY 2023 final 

annual fee 

FY 2024 proposed 

annual fee 

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

UMTRCA Title I and Title II budgeted resources less 10 CFR part 170 receipts ........................... $142,181 $264,606 

10 percent of generic/other uranium recovery budgeted resources ................................................ 5,798 6,028 

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

Total Annual Fee Amount for DOE (rounded) .......................................................................... 148,000 271,000 

Annual Fee Amount for Other Uranium Recovery Licenses: 

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

budgeted for UMTRCA Title I and Title II activities ...................................................................... 52,185 54,255 

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

Total Annual Fee Amount for Other Uranium Recovery Licensees ......................................... 52,185 54,255 

Further, for any non-DOE licensees, 

the NRC will continue using a matrix to 

determine the effort levels associated 

with conducting generic regulatory 

actions for the different licensees in the 

uranium recovery facilities fee class; 

this is similar to the NRC’s approach for 

fuel facilities, described previously. The 

matrix methodology for uranium 

recovery licensees first identifies the 

licensee categories included within this 

fee class (excluding DOE). These 

categories are conventional uranium 

mills and heap leach facilities, uranium 

in situ recovery (ISR) and resin ISR 

facilities, and mill tailings disposal 

facilities. The matrix identifies the types 

of operating activities that support and 

benefit these licensees, along with each 

activity’s relative weight (see the work 

papers). Currently, there is only one 

remaining non-DOE licensee, which is a 

basic ISR facility. table XIII displays the 

benefit factors for the non-DOE licensee 

in that fee category. 

TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES, 2024 

Fee category Number of 

licensees 

Benefit factor 

per licensee Total value Benefit factor percent total 

Conventional and Heap Leach mills (2.A.(2)(a)) ............................................. 0 ........................ ........................ 0 

Basic In Situ Recovery facilities (2.A.(2)(b)) .................................................... 1 190 190 100 

Expanded In Situ Recovery facilities (2.A.(2)(c)) ............................................ 0 ........................ ........................ 0

Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ............. 0 ........................ ........................ 0 

Total .......................................................................................................... 1 190 190 100 

The FY 2024 proposed annual fee for 

the remaining non-DOE licensee is 

calculated by allocating 100 percent of 

the budgeted resources, as summarized 

in table XIV. 

TABLE XIV—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES

[Other than DOE] 

[Actual dollars] 

Facility type 

(fee category) 

FY 2023 final 

annual fee 

FY 2024 proposed 

annual fee 

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

Basic In Situ Recovery facilities (2.A.(2)(b)) ........................................................................................... $52,200 $54,300 

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

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

e. Non-Power Production or Utilization 

Facilities 

The NRC proposes to collect $0.293 

million in annual fees from the nonpower production or utilization 

facilities fee class in FY 2024, as shown 

in table XV. The FY 2023 non-power 

production or utilization facilities fees 

are shown for comparison purposes. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR NON-POWER PRODUCTION OR UTILIZATION FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

Total budgeted resources ...................................................................................................................................... $5.115 $4.876 

Less estimated 10 CFR part 170 receipts ............................................................................................................ ¥4.869 ¥4.648 

Net 10 CFR part 171 resources ..................................................................................................................... 0.246 0.228 

Allocated generic transportation ............................................................................................................................ 0.040 0.050 

Billing adjustments ................................................................................................................................................. 0.003 0.015 

Total required annual fee recovery ................................................................................................................ 0.289 0.293 

Total non-power production or utilization facilities licenses ........................................................................... 3 3 

Total annual fee per license (rounded) ................................................................................................... $0.0963 $0.0977 

In comparison to FY 2023, the FY 

2024 proposed annual fee for the nonpower production or utilization 

facilities fee class is increasing, as 

discussed in the following paragraphs. 

In FY 2024, the budgeted resources 

decreased primarily due to a reduction 

in medical radioisotope production 

facilities workload primarily due to a 

delay with the SHINE Technologies 

LLC’s (SHINE) operating license 

application for a medical radioisotope 

production facility and a delay in the 

construction schedule. The offset to the 

decline in budgetary resources is the 

rise in the fully-costed FTE rate 

compared to FY 2023 due to an increase 

in salaries and benefits. 

The 10 CFR part 170 estimated 

billings associated with the current fleet 

of operating non-power production or 

utilization facilities licensees subject to 

annual fees have declined compared to 

FY 2023 due to a reduction in workload 

for license amendment activities 

associated with the anticipated 

shutdown of the General Electric 

Hitachi Vallecitos Nuclear Center in FY 

2024. The 10 CFR part 170 estimated 

billings with respect to medical 

radioisotope production facilities and 

advanced research and test reactors 

have declined when compared with FY 

2023 primarily due to the following: (1) 

a reduction in staff hours due to the 

delay with SHINE’s operating license 

application and a delay in the 

construction schedule; and (2) the 

completion of the staff’s safety review of 

the Kairos Power, LLC’s (Kairos) 

application for a permit to construct the 

Hermes 1 test reactor. This decline in 10 

CFR part 170 estimated billings is offset 

due to the following: (1) the staff’s 

review of the Kairos Hermes 2 

application for a permit to construct two 

test reactors; and (2) conducting preapplication meetings due to the 

anticipated submission of several 

license applications. 

Furthermore, the proposed increase in 

the annual fee is also affected by these 

contributing factors: (1) an increase in 

the 10 CFR part 171 billing adjustment 

due to the timing of invoices in FY 

2023; and (2) an increase in the generic 

transportation surcharge due to an 

increase in the generic transportation 

budgeted resources for the non-power 

production or utilization facilities fee 

class. 

The annual fee recovery amount is 

divided equally among the three nonpower production or utilization 

facilities licensees subject to annual fees 

and results in an FY 2024 proposed 

annual fee of $97,700 for each licensee. 

f. Rare Earth 

In FY 2024, the NRC has allocated 

approximately $0.2 million in budgeted 

resources to this fee class; however, 

because all the budgeted resources will 

be recovered through service fees 

assessed under 10 CFR part 170, the 

NRC is not proposing to assess and 

collect annual fees in FY 2024 for this 

fee class. 

g. Materials Users 

The NRC proposes to collect $46.2 

million in annual fees from materials 

users licensed under 10 CFR parts 30, 

40, and 70 in FY 2023, as shown in table 

XVI. The FY 2023 materials users fees 

are shown for comparison purposes. 

TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

Total budgeted resources for licensees not regulated by Agreement States ....................................................... $38.7 $44.3 

Less estimated 10 CFR part 170 receipts ............................................................................................................ ¥1.2 ¥0.8 

Net 10 CFR part 171 resources ..................................................................................................................... 37.5 43.5 

Allocated generic transportation ............................................................................................................................ 2.0 2.5 

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

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

Total required annual fee recovery ................................................................................................................ $39.7 $46.2 

The formula for calculating 10 CFR 

part 171 annual fees for the various 

categories of materials users is described 

in detail in the work papers. Generally, 

the calculation results in a single annual 

fee that includes 10 CFR part 170 costs, 

such as amendments, renewals, 

inspections, and other licensing actions 

specific to individual fee categories. 

The total annual fee recovery of $46.2 

million for FY 2024 shown in table XVI 


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consists of $36.4 million for general 

costs, $9.7 million for inspection costs, 

and $0.1 million for LLW costs. To 

equitably and fairly allocate the $46.2 

million required to be collected among 

approximately 2,400 diverse materials 

users licensees, the NRC continues to 

calculate the annual fees for each fee 

category within this class based on the 

10 CFR part 170 application fees and 

estimated inspection costs for each fee 

category. Because the application fees 

and inspection costs are indicative of 

the complexity of the materials license, 

this approach is the methodology for 

allocating the generic and other 

regulatory costs to the diverse fee 

categories. This fee calculation method 

also considers the inspection frequency 

(priority), which is indicative of the 

safety risk and resulting regulatory costs 

associated with the categories of 

licenses. 

In comparison to FY 2023, the FY 

2024 proposed annual fees are 

increasing for all fee categories within 

the materials users fee class, of which 

25 fee categories are increasing by 

approximately 14 percent to 16 percent, 

and 27 fee categories are increasing by 

approximately 17 percent to 25 percent 

primarily due to an increase in the 

budgeted resources. The budgeted 

resources increased due to the 

following: (1) an increase in licensing 

and oversight workload, including the 

expected reviews of exempt distribution 

and sealed source device applications, 

updating licensing guidance, and the 

development of a regulatory guide on 

veterinary issues; (2) hiring actions to 

double encumber and train health 

physics staff to ensure an appropriate 

pipeline and knowledge management 

for future agency mission related 

activities; (3) support for rulemaking 

activities; (4) support for materials 

research activities; and (5) an increase 

in the fully-costed FTE rate compared to 

FY 2023 due to an increase in salaries 

and benefits. 

In addition, the FY 2024 proposed 

annual fees are increasing due to the 

following: (1) an increase in generic 

transportation costs for materials users; 

(2) a decrease in the 10 CFR part 170 

estimated billings for new licensing 

applications; (3) a decrease of 53 

materials users licensees from FY 2023; 

and (4) an increase in the 10 CFR part 

171 billing adjustment due to the timing 

of invoices issued in FY 2023. 

A constant multiplier is established to 

recover the total general costs (including 

allocated generic transportation costs) of 

$36.4 million. To derive the constant 

multiplier, the general cost amount is 

divided by the sum of all fee categories 

(application fee plus the inspection fee 

divided by inspection priority) then 

multiplied by the number of licensees. 

This calculation results in a constant 

multiplier of 1.26 for FY 2024. The 

average inspection cost is the average 

inspection hours for each fee category 

multiplied by the professional hourly 

rate of $321. The inspection priority is 

the interval between routine 

inspections, expressed in years. The 

inspection multiplier is established to 

recover the $9.7 million in inspection 

costs. To derive the inspection 

multiplier, the inspection costs amount 

is divided by the sum of all fee 

categories (inspection fee divided by 

inspection priority) then multiplied by 

the number of licensees. This 

calculation results in an inspection 

multiplier of 1.72 for FY 2024. The 

unique category costs are any special 

costs that the NRC has budgeted for a 

specific category of licenses. Please see 

the work papers for more detail about 

this classification. 

The proposed annual fee being 

assessed to each licensee also takes into 

account a share of approximately $0.1 

million in LLW surcharge costs 

allocated to the materials users fee class 

(see Table IV, ‘‘Allocation of LLW 

Surcharge, FY 2024,’’ of this document). 

The proposed annual fee for each fee 

category is shown in the proposed 

revision to § 171.16(d). 

h. Transportation 

The NRC proposes to collect $2.2 

million in annual fees to recover generic 

transportation budgeted resources in FY 

2024, as shown in table XVII. The FY 

2023 fees are shown for comparison 

purposes. 

TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee calculations FY 2023 

final rule 

FY 2024 

proposed rule 

Total budgeted resources ...................................................................................................................................... $11.1 $13.2 

Less estimated 10 CFR part 170 receipts ............................................................................................................ ¥3.4 ¥3.5 

Net 10 CFR part 171 resources ..................................................................................................................... 7.7 9.7 

Less generic transportation resources .................................................................................................................. ¥6.0 ¥7.5 

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

Total required annual fee recovery ................................................................................................................ $1.7 $2.2 

In comparison to FY 2023, the FY 

2024 proposed annual fee for the 

transportation fee class is increasing 

primarily due to an increase in the 

budgeted resources. This increase is 

partially offset by: (1) a rise in the 

distribution of the generic 

transportation resources allocated to 

other fee classes; and (2) an increase in 

the 10 CFR part 170 estimated billings. 

In FY 2024, the budgeted resources 

increased primarily to support: (1) 

environmental reviews and licensing of 

transportation packages for ATF, the 

anticipated licensing review of one 

transportable microreactor application, 

other advanced reactors fuels, and 

microreactors; (2) rulemaking activities; 

and (3) a rise in the fully-costed FTE 

rate compared to FY 2023 due to an 

increase in salaries and benefits. 

The increase in the proposed annual 

fee is partially offset by a rise in the 

distribution of generic transportation 

resources allocated to respective other 

fee classes resulting from additional 

number of CoCs for 2024. 

Furthermore, the proposed annual fee 

is also partially offset by an increase in 

the 10 CFR part 170 estimated billings 

related to the review of new and 

amended packages. 

Consistent with the policy established 

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

FR 30722; May 30, 2006), the NRC 

recovers generic transportation costs 

unrelated to DOE by including those 

costs in the annual fees for licensee fee 

classes. The NRC continues to assess a 

separate annual fee under § 171.16, fee 

category 18.A., for DOE transportation 

activities. The amount of the allocated 

generic resources is calculated by 


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4 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612, has 

been amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996, Public Law 104– 

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

multiplying the percentage of total CoCs 

used by each fee class (and DOE) by the 

total generic transportation resources to 

be recovered. 

This resource distribution to the 

licensee fee classes and DOE is shown 

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

facilities fee class, the NRC allocates the 

distribution to only those licensees that 

are subject to annual fees. Although five 

CoCs benefit the entire non-power 

production or utilization facilities fee 

class, only three out of 30 operating 

non-power production or utilization 

facilities licensees are subject to annual 

fees. Consequently, the number of CoCs 

used to determine the proportion of 

generic transportation resources 

allocated to annual fees for the nonpower production or utilization 

facilities fee class has been adjusted to 

0.5 so these licensees are charged a fair 

and equitable portion of the total fees 

(see the work papers). 

TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2024 

[Dollars in millions] 

Licensee fee class/DOE 

Number of CoCs 

benefiting 

fee class or DOE 

Percentage of 

total CoCs 

Allocated 

generic 

transportation 

resources 

Materials Users .................................................................................................................... 24.0 25.4 $2.5 

Operating Power Reactors .................................................................................................. 6.0 6.4 0.6 

Spent Fuel Storage/Reactor Decommissioning .................................................................. 19.0 20.1 1.9 

Non-Power Production or Utilization Facilities .................................................................... 0.5 0.5 0.0 

Fuel Facilities ....................................................................................................................... 24.0 25.4 2.5 

Subtotal of Generic Transportation Resources ................................................................... 73.5 77.8 7.5 

DOE ..................................................................................................................................... 21.0 22.2 2.2 

Total .............................................................................................................................. 94.5 100.0 9.7 

The NRC assesses an annual fee to 

DOE based on the 10 CFR part 71 CoCs 

it holds. The NRC, therefore, does not 

allocate these DOE-related resources to 

other licensees’ annual fees because 

these resources specifically support 

DOE. 

FY 2024—Policy Change 

The NRC is not proposing any policy 

changes for FY 2024. 

FY 2024—Administrative Changes 

The NRC is proposing 11 

administrative changes in FY 2024: 

1. Amend §§ 2.205(i), 15.35(c), 

37.27(c)(2), 73.17(m)(1), 73.57(d)(3)(i), 

110.64(e), 140.7(d), 170.12(f), and 

171.19(a) by clarifying payment 

methods. 

The NRC proposes to amend 

§§ 2.205(i), 15.35(c), 37.27(c)(2), 

73.17(m)(1), 73.57(d)(3)(i), 110.64(e), 

140.7(d), 170.12(f), and 171.19(a) to 

align with the U.S. Department of the 

Treasury’s (Treasury) ‘‘No-Cash NoCheck’’ policy. The Treasury encourages 

Federal agencies to use the most 

efficient, cost-effective, and best-suited 

collection and payment solutions. The 

Treasury’s Bureau of the Fiscal Service 

provides central collection and payment 

services to agencies to maintain the 

financial integrity and operational 

efficiency of the Federal Government. 

The Treasury’s Bureau of the Fiscal 

Service notified the NRC that the agency 

is expected to transition from paperbased collections to one or more offered 

electronic methods by September 30, 

2024. 

The ‘‘No-Cash No-Check’’ policy will 

improve timeliness of collections, 

thereby reducing interest/penalty/ 

administrative fees associated with late 

payments, and reduce resources 

associated with processing paper 

checks. The available electronic 

payment options will enhance 

processing speed and accuracy, and 

adopting this policy will make 

consumer and business payments and 

remittances to agencies easier and more 

efficient. Accordingly, the NRC is 

proposing to amend §§ 2.205(i), 

15.35(c), 37.27(c)(2), 73.17(m)(1), 

73.57(d)(3)(i), 110.64(e), 140.7(d), 

170.12(f), and 171.19(a) to revise 

available payment methods to remove 

paper forms of payment and provide 

that payments are to be made 

electronically using the methods 

accepted at www.Pay.gov. 

2. Amend table 1 in § 170.31 to add 

language to 7.A, 7.A.1, 7.A.2, 7.C, 7.C.1, 

and 7.C.2 for clarity. 

The NRC proposes to amend table 1 

in § 170.31add language to 7.A., 7.A.1, 

7.A.2, 7.C, 7.C.1, and 7.C.2, to clarify 

with respect to 10 CFR part 170 fees that 

these categories also include the 

possession and use of source material 

for shielding when authorized on the 

same license. 

3. Revise footnote 17 to table 2 in 

§ 171.16(d) for clarity. 

The NRC proposes to revise footnote 

17 in table 2 paragraph (d) in § 171.16 

to clarify that with respect to annual 

fees, medical licensees paying fees 

under 7.A, 7.A.1, 7.A.2, 7.B, 7.B.1, 

7.B.2, 7.C, 7.C(1), or 7.C(2) are not 

subject to fees under 2.B. for possession 

and shielding authorized on the same 

license. 

IV. Regulatory Flexibility Certification 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),4 the NRC has prepared a 

regulatory flexibility analysis related to 

this proposed rule. The regulatory 

flexibility analysis is available as 

indicated in the ‘‘Availability of 

Documents’’ section of this document. 

V. Regulatory Analysis 

Under NEIMA, the NRC is required to 

recover, to the maximum extent 

practicable, approximately 100 percent 

of its annual budget for FY 2024 less the 

budget authority for excluded activities. 

The NRC established fee methodology 

guidelines for 10 CFR part 170 in 1978 

and established additional fee 

methodology guidelines for 10 CFR part 

171 in 1986. In subsequent rulemakings, 

the NRC has adjusted its fees without 

changing the underlying principles of 

its fee policy to ensure that the NRC 

continues to comply with the statutory 

requirements for cost recovery. 

In this proposed rule, the NRC 

continues this longstanding approach. 

Therefore, the NRC did not identify any 

alternatives to the current fee structure 

guidelines and did not prepare a 

regulatory analysis for this proposed 

rule. 


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VI. Backfitting and Issue Finality 

The NRC’s backfitting provisions 

(which are found in the regulations at 

§§ 50.109, 70.76, 72.62, and 76.76) and 

issue finality provisions of 10 CFR part 

52 do not apply to this proposed rule 

because these amendments do not 

require the modification of, or addition 

to: (1) systems, structures, components, 

or the design of a facility; (2) the design 

approval or manufacturing license for a 

facility; or (3) the procedures or 

organization required to design, 

construct, or operate a facility. As a 

result, this proposed rule does not 

constitute ‘‘backfitting’’ as defined in 10 

CFR Ch. I or otherwise affect the issue 

finality of a 10 CFR part 52 approval. 

VII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC wrote 

this document to be consistent with the 

Plain Writing Act, as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31885). 

The NRC requests comment on this 

document with respect to the clarity and 

effectiveness of the language used. 

VIII. National Environmental Policy 

Act 

The NRC has determined that this 

proposed rule is the type of action 

described in § 51.22(c)(1). Therefore, 

neither an environmental impact 

statement nor environmental assessment 

has been prepared for this proposed 

rule. 

IX. Paperwork Reduction Act 

This proposed rule does not contain 

any new or amended collections of 

information subject to the Paperwork 

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

et seq.). Existing collections of 

information were approved by the 

Office of Management and Budget, 

approval number 3150–0190. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

X. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this proposed rule, the 

NRC proposes to amend the licensing, 

inspection, and annual fees charged to 

its licensees and applicants, as 

necessary, to recover, to the maximum 

extent practicable, approximately 100 

percent of its annual budget for FY 2024 

less the budget authority for excluded 

activities, as required by NEIMA. This 

action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

XI. Availability of Guidance 

The Small Business Regulatory 

Enforcement Fairness Act requires all 

Federal agencies to prepare a written 

compliance guide for each rule for 

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

604 to prepare a regulatory flexibility 

analysis. The NRC, in compliance with 

the law, prepared the ‘‘Small Entity 

Compliance Guide’’ for the FY 2023 fee 

rule. The compliance guide was 

developed when the NRC completed the 

small entity biennial review for FY 

2023. The NRC plans to continue to use 

this compliance guide for FY 2024 and 

has relabeled the compliance guide to 

reflect the current FY. This compliance 

guide is available as indicated in the 

‘‘Availability of Documents’’ section of 

this document. 

XII. Public Meeting 

The NRC will conduct a public 

meeting to describe the FY 2024 

proposed rule and answer questions 

from the public on the proposed rule. 

The NRC will publish a notice of the 

location, time, and agenda of the 

meeting on the NRC’s public meeting 

website within 10 calendar days of the 

meeting. Stakeholders should monitor 

the NRC’s public meeting website for 

information about the public meeting at: 

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

public-meetings/index.cfm. 

XIII. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Documents ADAMS accession No./FR citation/web link 

NUREG–1100, Volume 39, ‘‘Congressional Budget Justification: Fiscal Year 2024’’ (March 

2023).

ML23069A000. 

FY 2024 Proposed Rule Work Papers ............................................................................................ ML24030A760. 

OMB Circular A–25, ‘‘User Charges’’ .............................................................................................. https://www.whitehouse.gov/wp-content/ 

uploads/2017/11/Circular-025.pdf. 

SECY–05–0164, ‘‘Annual Fee Calculation Method,’’ dated September 15, 2005 ......................... ML052580332. 

‘‘Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015,’’ dated June 30, 2015 ............ 80 FR 37432. 

‘‘Variable Annual Fee Structure for Small Modular Reactors,’’ dated May 24, 2016 ..................... 81 FR 32617. 

‘‘Revision of Fee Schedules; Fee Recovery for FY 2023,’’ dated June 15, 2023 ......................... 88 FR 39120. 

‘‘Revision of Fee Schedules; 100% Fee Recovery for FY 1999,’’ dated June 10, 1999 ............... 64 FR 31448. 

Revision of Fee Schedules; Fee Recovery for FY 2002,’’ dated June 24, 2002 ........................... 67 FR 42612. 

‘‘Revision of Fee Schedules; Fee Recovery for FY 2006,’’ dated May 30, 2006 .......................... 71 FR 30722. 

FY 2024 Regulatory Flexibility Analysis .......................................................................................... ML23342A126. 

FY 2024 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide .......................... ML23342A134. 

‘‘Plain Language in Government Writing,’’ dated June 10, 1998 ................................................... 63 FR 31885. 

List of Subjects 

10 CFR Part 2 

Administrative practice and 

procedure, Antitrust, Byproduct 

material, Classified information, 

Confidential business information, 

Freedom of information, Environmental 

protection, Hazardous waste, Nuclear 

energy, Nuclear materials, Nuclear 

power plants and reactors, Penalties, 

Reporting and recordkeeping 

requirements, Sex discrimination, 

Source material, Special nuclear 

material, Waste treatment and disposal. 

10 CFR Part 15 

Administrative practice and 

procedure, Claims, Debt collection. 

10 CFR Part 37 

Byproduct material, Criminal 

penalties, Exports, Hazardous materials 


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transportation, Imports, Licensed 

material, Nuclear materials, Penalties, 

Radioactive materials, Reporting and 

recordkeeping requirements, Security 

measures. 

10 CFR Part 73 

Criminal penalties, Exports, 

Hazardous materials transportation, 

Imports, Nuclear energy, Nuclear 

materials, Nuclear power plants and 

reactors, Penalties, Reporting and 

recordkeeping requirements, Security 

measures. 

10 CFR Part 110 

Administrative practice and 

procedure, Classified information, 

Criminal penalties, Exports, 

Intergovernmental relations, Nuclear 

energy, Nuclear materials, Nuclear 

power plants and reactors, Penalties, 

Reporting and recordkeeping 

requirements, Scientific equipment. 

10 CFR Part 140 

Insurance, Intergovernmental 

relations, Nuclear materials, Nuclear 

power plants and reactors, Penalties, 

Reporting and recordkeeping 

requirements. 

10 CFR Part 170 

Byproduct material, Import and 

export licenses, Intergovernmental 

relations, Non-payment penalties, 

Nuclear energy, Nuclear materials, 

Nuclear power plants and reactors, 

Source material, Special nuclear 

material. 

10 CFR Part 171 

Annual charges, Approvals, 

Byproduct material, Holders of 

certificates, Intergovernmental relations, 

Nonpayment penalties, Nuclear 

materials, Nuclear power plants and 

reactors, Registrations, Source material, 

Special nuclear material. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

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

the NRC is proposing the following 

amendments to 10 CFR parts 2, 15, 37, 

73, 110, 140, 170 and 171: 

PART 2—AGENCY RULES OF 

PRACTICE AND PROCEDURE 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 

161, 181, 182, 183, 184, 186, 189, 191, 234 

(42 U.S.C. 2039, 2073, 2092, 2093, 2111, 

2132, 2133, 2134, 2135, 2201, 2231, 2232, 

2233, 2234, 2236, 2239, 2241, 2282); Energy 

Reorganization Act of 1974, secs. 201, 206 

(42 U.S.C. 5841, 5846); Nuclear Waste Policy 

Act of 1982, secs. 114(f), 134, 135, 141 (42 

U.S.C. 10134(f), 10154, 10155, 10161); 

Administrative Procedure Act (5 U.S.C. 552, 

553, 554, 557, 558); National Environmental 

Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 

3504 note. Section 2.205(j) also issued under 

28 U.S.C. 2461 note. 

■ 2. In § 2.205, revise paragraph (i) to 

read as follows. 

§ 2.205 Civil Penalties. 

* * * * * 

(i) Except when payment is made after 

compromise or mitigation by the 

Department of Justice or as ordered by 

a court of the United States, following 

reference of the matter to the Attorney 

General for collection, payment of civil 

penalties imposed under section 234 of 

the Act are to be made payable to the 

U.S. Nuclear Regulatory Commission, in 

U.S. funds. The payments are to be 

made by electronic fund transfer using 

the electronic payment methods 

accepted at www.Pay.gov. Federal 

agencies may also make payments by 

Intra-Governmental Payment and 

Collection (IPAC). All payments are to 

be made in accordance with the specific 

payment instructions provided with 

Notices of Violation that propose civil 

penalties and Orders Imposing Civil 

Monetary Penalties. 

* * * * * 

PART 15—DEBT COLLECTION 

PROCEDURES 

■ 3. The authority citation for part 15 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

Reorganization Act of 1974, sec. 201 (42 

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

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

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

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

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

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

Comp., p. 157. 

■ 4. In § 15.35, revise paragraph (c) 

introductory text to read as follows: 

§ 15.35 Payments. 

* * * * * 

(c) To whom payment is made. 

Payment of a debt is to be made payable 

to the U.S. Nuclear Regulatory 

Commission. The payments are to be 

made in U.S. funds using the electronic 

payment methods accepted at 

www.Pay.gov. Federal agencies may also 

make payment by Intra Governmental 

Payment and Collection (IPAC). 

Payments should be made to the U.S. 

Nuclear Regulatory Commission unless 

payment is— 

* * * * * 

PART 37—PHYSICAL PROTECTION OF 

CATEGORY 1 AND CATEGORY 2 

QUANTITIES OF RADIOACTIVE 

MATERIAL 

■ 5. The authority citation for part 37 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 53, 81, 103, 104, 147, 148, 149, 161, 

182, 183, 223, 234, 274 (42 U.S.C. 2014, 2073, 

2111, 2133, 2134, 2167, 2168, 2169, 2201, 

2232, 2233, 2273, 2282, 2021); Energy 

Reorganization Act of 1974, secs. 201, 202 

(42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note. 

■ 6. In § 37.27, revise paragraph (c)(2) to 

read as follows: 

§ 37.27 Requirements for criminal history 

records checks of individuals granted 

unescorted access to category 1 or 

category 2 quantities of radioactive 

material. 

* * * * * 

(c) * * * 

(2) Fees for the processing of 

fingerprint checks are due upon 

application. Licensees shall submit 

payment made payable to the U.S. 

Nuclear Regulatory Commission. The 

payments are to be made in U.S. funds 

using the electronic payment methods 

accepted at www.Pay.gov. For guidance 

on making electronic payments, contact 

the Division of Physical and Cyber 

Security Policy by emailing Crimhist.

Resource@nrc.gov. Combined payment 

for multiple applications is acceptable. 

The Commission publishes the amount 

of the fingerprint check application fee 

on the NRC’s public website. (To find 

the current fee amount, go to the 

Licensee Criminal History Records 

Checks & Firearms Background Check 

information page at https://

www.nrc.gov/security/chp.html and see 

the link for How do I determine how 

much to pay for the request?) 

* * * * * 

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS 

■ 7. The authority citation for part 73 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 53, 147, 149, 161, 161A, 170D, 170E, 

170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 

2073, 2167, 2169, 2201, 2201a, 2210d, 2210e, 

2210h, 2210i, 2273, 2278a, 2282, 2297f); 

Energy Reorganization Act of 1974, secs. 201, 

202 (42 U.S.C. 5841, 5842); Nuclear Waste 

Policy Act of 1982, secs. 135, 141 (42 U.S.C. 

10155, 10161); 44 U.S.C. 3504 note. 

Section 73.37(b)(2) also issued under Sec. 

301, Public Law 96–295, 94 Stat. 789 (42 

U.S.C. 5841 note). 

■ 8. In § 73.17, revise paragraph (m)(1) 

to read as follows: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
12774 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

§ 73.17 Firearms background checks for 

armed security personnel. 

* * * * * 

(m) * * * 

(1) Fees for the processing of firearms 

background checks are due upon 

application. The fee for the processing 

of a firearms background check consists 

of a fingerprint fee and a NICS check 

fee. Licensees must submit payment 

with the application for the processing 

of fingerprints, and payment must be 

made payable to the U.S. Nuclear 

Regulatory Commission. The payments 

are to be made in U.S. funds using the 

electronic payment methods accepted at 

www.Pay.gov. Licensees can find fee 

information for firearms background 

checks on the NRC’s public website at 

https://www.nrc.gov/security/chp.html. 

* * * * * 

■ 9. In § 73.57, revise paragraph (d)(3)(i) 

to read as follows: 

§ 73.57 Requirements for criminal history 

records checks of individuals granted 

unescorted access to a nuclear power 

facility, a non-power reactor, or access to 

Safeguards Information. 

* * * * * 

(d) * * * 

(3) * * * 

(i) Fees for the processing of 

fingerprint checks are due upon 

application. Licensees shall submit 

payment with the application for the 

processing of fingerprints, and payment 

must be made payable to the U.S. 

Nuclear Regulatory Commission. The 

payments are to be made in U.S. funds 

using the electronic payment methods 

accepted at www.Pay.gov. (For guidance 

on making payments, contact the 

Criminal history Program, Division of 

Physical and Cyber Security Policy at 

301–415–7513). Combined payment for 

multiple applications is acceptable. 

* * * * * 

PART 110—EXPORT AND IMPORT OF 

NUCLEAR EQUIPMENT AND 

MATERIAL 

■ 10. The authority citation for part 110 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 

82, 103, 104, 109, 111, 121, 122, 123, 124, 

126, 127, 128, 129, 133, 134, 161, 170H, 181, 

182, 183, 184, 186, 187, 189, 223, 234 (42 

U.S.C. 2014, 2071, 2073, 2074, 2077, 2092, 

2093, 2094, 2095, 2111, 2112, 2133, 2134, 

2139, 2141, 2151, 2152, 2153, 2154, 2155, 

2156, 2157, 2158, 2160c, 2160d, 2201, 2210h, 

2231, 2232, 2233, 2234, 2236, 2237, 2239, 

2273, 2282); Energy Reorganization Act of 

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

Administrative Procedure Act (5 U.S.C. 552, 

553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 

note. Section 110.1(b) also issued under 22 

U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C. 

2401 et seq. 

■ 11. In § 110.64, revise paragraph (e) to 

read as follows: 

§ 110.64 Civil penalty. 

* * * * * 

(e) Except when the matter has been 

referred to the Attorney General for 

collection, payment of penalties shall be 

made in U.S. funds using the electronic 

payment methods accepted at 

www.Pay.gov. 

* * * * * 

PART 140—FINANCIAL PROTECTION 

REQUIREMENTS AND INDEMNITY 

AGREEMENTS 

■ 12. The authority citation for part 140 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 161, 170, 223, 234 (42 U.S.C. 2201, 

2210, 2273, 2282); Energy Reorganization Act 

of 1974, secs. 201, 202 (42 U.S.C. 5841, 

5842); 44 U.S.C. 3504 note. 

■ 13. In § 140.7, revise paragraph (d) to 

read as follows: 

§ 140.7 Fees. 

* * * * * 

(d) Indemnity fee payments are to 

made payable to the U.S. Nuclear 

Regulatory Commission. The payments 

are to be made in U.S. funds using the 

electronic payment methods accepted at 

www.Pay.gov. Federal agencies may also 

make payments by Intra-Governmental 

Payment and Collection (IPAC). Specific 

instructions for making payments may 

be obtained by contacting the Office of 

the Chief Financial Officer at 301–415– 

7554. 

PART 170—FEES FOR FACILITIES, 

MATERIALS, IMPORT AND EXPORT 

LICENSES, AND OTHER 

REGULATORY SERVICES UNDER THE 

ATOMIC ENERGY ACT OF 1954, AS 

AMENDED 

■ 14. The authority citation for part 170 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

Energy Reorganization Act of 1974, sec. 201 

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

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

* * * * * 

■ 15. In § 170.12, revise paragraph (f) to 

read as follows: 

§ 170.12 Payment of Fees. 

* * * * * 

(f) Method of payment. All fee 

payments under this part are to be made 

payable to the U.S. Nuclear Regulatory 

Commission. The payments are to be 

made in U.S. funds using the electronic 

payment methods accepted at 

www.Pay.gov. Specific instructions for 

making payments may be obtained by 

contacting the Office of the Chief 

Financial Officer at 301–415–7554. In 

accordance with Department of the 

Treasury requirements, refunds will 

only be made upon receipt of 

information on the payee’s financial 

institution and bank accounts. 

* * * * * 

§ 170.20 [Amended] 

■ 16. In § 170.20, remove the dollar 

amount ‘‘$300’’ and add in its place the 

dollar amount ‘‘$321’’. 

■ 17. In § 170.31, revise table 1 to read 

as follows: 

§ 170.31 Schedule of fees for materials 

licenses and other regulatory services, 

including inspections, and import and 

export licenses. 

* * * * * 

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

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

1. Special nuclear material: 11

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

(a) Strategic Special Nuclear Material (High Enriched Uranium) 6 [Program Code(s): 21213] ........................................... Full Cost. 

(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel 6 [Program Code(s): 21210] Full Cost. 

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

(a) Facilities with limited operations 6 [Program Code(s): 21240, 21310, 21320] ................................................................ Full Cost. 

(b) Gas centrifuge enrichment demonstration facilities.6 [Program Code(s): 21205] .......................................................... Full Cost. 

(c) Others, including hot cell facilities.6 [Program Code(s): 21130, 21131, 21133] ............................................................. Full Cost. 

B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI).6 [Program Code(s): 23200].Full Cost. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

chapter in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers.4 Application [Program Code(s): 22140].

$1,500. 

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

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

pay the same fees as those under Category 1.A.4 Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 

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

$3,000. 

E. Licenses or certificates for construction and operation of a uranium enrichment facility 6 [Program Code(s): 21200] ......... Full Cost. 

F. Licenses for possession and use of special nuclear material greater than critical mass as defined in § 70.4 of this chapter, for development and testing of commercial products, and other non-fuel-cycle activities.4 6 [Program Code(s): 22155].Full Cost. 

2. Source material: 11

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

for deconverting uranium hexafluoride in the production of uranium oxides for disposal.6 [Program Code(s): 11400].

Full Cost. 

(2) Licenses for possession and use of source material in recovery operations such as milling, in situ recovery, heap-leaching, ore buying stations, ion-exchange facilities, and in processing of ores containing source material for extraction of 

metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) 

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

a standby mode.6

(a) Conventional and Heap Leach facilities 6 [Program Code(s): 11100] ............................................................................ Full Cost. 

(b) Basic In Situ Recovery facilities 6 [Program Code(s): 11500] ......................................................................................... Full Cost. 

(c) Expanded In Situ Recovery facilities 6 [Program Code(s): 11510] ................................................................................. Full Cost. 

(d) In Situ Recovery Resin facilities 6 [Program Code(s): 11550] ........................................................................................ Full Cost. 

(e) Resin Toll Milling facilities 6 [Program Code(s): 11555] .................................................................................................. Full Cost. 

(f) Other facilities 6 [Program Code(s): 11700] ..................................................................................................................... Full Cost. 

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

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

2.A.(4) 6 [Program Code(s): 11600, 12000].

Full Cost. 

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

other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2) 6 [Program Code(s): 12010].

Full Cost. 

B. Licenses which authorize the possession, use, and/or installation of source material for shielding.7 8 Application [Program Code(s): 11210].$1,400. 

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

this chapter. Application [Program Code(s): 11240].

$6,900. 

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

Code(s): 11230, 11231].

$3,200. 

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

source material for commercial distribution. Application [Program Code(s): 11710].

$3,100. 

F. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ... $3,100.

3. Byproduct material: 11

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

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

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

$15,000. 

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

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

of locations of use: 6–20. Application [Program Code(s): 04010, 04012, 04014].

$20,000. 

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

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

of locations of use: more than 20. Application [Program Code(s): 04011, 04013, 04015].

$25,000. 

B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. Application [Program Code(s): 03214, 03215, 22135, 22162].$4,100. 

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

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

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

$5,500. 

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

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

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

$6,900. 

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct 

material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1–5. Application [Program Code(s): 02500, 02511, 

02513].

$6,000. 

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

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

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

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

$8,000. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
12776 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

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

[See footnotes at end of table] 

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

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

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

byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20. Application [Program Code(s): 04211, 04213, 04215].

$10,000. 

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].

$3,700. 

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

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

Code(s): 03511].

$7,500. 

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

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

irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03521].

$71,700. 

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

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

from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03254, 03255, 03257].

$7,700. 

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

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

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

Code(s): 03250, 03251, 03253, 03256].

$11,800. 

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].

$2,300. 

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].

$1,300. 

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

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

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

$6,300. 

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

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

$8,400. 

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

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

$10,500. 

M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution. Application [Program Code(s): 03620].$9,600. 

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

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

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

4.C.13 Application [Program Code(s): 03219, 03225, 03226].

$10,300. 

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

operations. Number of locations of use: 1–5. Application [Program Code(s): 03310, 03320].

$11,700. 

(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 6–20. Application [Program Code(s): 04310, 04312].$15,500. 

(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: more than 20. Application [Program Code(s): 04311, 04313].$19,500. 

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

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

03222, 03800, 03810, 22130].

$7,900. 

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

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

04428, 04430, 04432, 04434, 04436, 04438].

$10,600. 

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

use: more than 20. Application [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 

04427, 04429, 04431, 04433, 04435, 04437, 04439].

$13,200. 

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

Registration .................................................................................................................................................................................. $2,200. 

R. Possession of items or products containing radium-226 identified in § 31.12 of this chapter which exceed the number of 

items or limits specified in that section.5

1. Possession of quantities exceeding the number of items or limits in § 31.12(a)(4) or (5) of this chapter but less than 

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

$3,000. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12777 

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

[See footnotes at end of table] 

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

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

chapter. Application [Program Code(s): 02710].

$2,900. 

S. Licenses for production of accelerator-produced radionuclides. Application [Program Code(s): 03210] ............................... $16,400. 

4. Waste disposal and processing: 11

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

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

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

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

03233, 03236, 06100, 06101].

Full Cost. 

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

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

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

$8,000. 

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. Application [Program Code(s): 03232].

$5,800. 

5. Well logging: 11

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

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

03112].

$5,300. 

B. Licenses for possession and use of byproduct material for field flooding tracer studies. Licensing [Program Code(s): 

03113].

Full Cost. 

6. Nuclear laundries: 11

A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. Application [Program Code(s): 03218].$25,600. 

7. Medical licenses: 11

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

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

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

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

$12,900. 

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

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

shielding when authorized on the same license. Number of locations of use: 6–20. Application [Program Code(s): 

04510, 04512].

$17,100. 

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

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

shielding when authorized on the same license. Number of locations of use: more than 20. Application [Program 

Code(s): 04511, 04513].

$21,300. 

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

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

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

Number of locations of use: 1–5. Application [Program Code(s): 02110].

$10,000. 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: 6–20. Application [Program Code(s): 04710].

$13,300. 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Number of locations of use: more than 20. Application [Program Code(s): 04711].

$16,600. 

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

in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.10 Number of locations of use: 1–5. Application [Program Code(s): 

02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160].

$11,000. 

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

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

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

source material for shielding when authorized on the same license.10 Number of locations of use: 6–20. Application 

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

$14,600. 

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

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

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

source material for shielding when authorized on the same license.10 Number of locations of use: more than 20. Application [Program Code(s): 04811,04813, 04815, 04817, 04819, 04821,04823, 04825, 04827, 04829].

$18,300. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
12778 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

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

[See footnotes at end of table] 

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

8. Civil defense: 11

A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities. Application [Program Code(s): 03710].$3,000. 

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.$23,500. 

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.

$10,400. 

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

reactor fuel, for commercial distribution. Application—each source.

$6,100. 

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.$1,200. 

10. Transportation of radioactive material: 

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

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

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

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

1. Users and Fabricators. 

Application ..................................................................................................................................................................... $4,500. 

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

2. Users. 

Application ..................................................................................................................................................................... $4,500. 

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

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

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

12. Special projects: Including approvals, pre-application/licensing activities, and inspections. Application [Program Code: 

25110].

Full Cost. 

13. A. Spent fuel storage cask Certificate of Compliance .................................................................................................................. Full Cost. 

B. Inspections related to storage of spent fuel under § 72.210 of this chapter .......................................................................... Full Cost. 

14. Decommissioning/Reclamation 11

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200].Full Cost. 

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

the sites have been previously licensed.

Full Cost. 

15. Import and Export licenses: 12

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

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

through 15.E.). 

A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under § 110.40(b) of this chapter. Application—new license, or 

amendment; or license exemption request.

N/A. 

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

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

requires the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection Agency, etc.). Application—new license, or amendment; or license exemption request.

N/A. 

C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or 

natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request.

N/A. 

D. Application for export or import of nuclear material not requiring Commission or Executive Branch review, or obtaining foreign government assurances. Application—new license, or amendment; or license exemption request.N/A. 

E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require 

in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign government authorities. Minor amendment.

N/A. 

Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of 

radioactive material listed in appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.). 

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

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

review under § 110.42(e)(4) of this chapter) and to obtain one government-to-government consent for this process. For 

additional consent see fee category 15.I. Application—new license, or amendment; or license exemption request.

N/A. 

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

amendment; or license exemption request.

N/A. 


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

[See footnotes at end of table] 

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

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

process. For additional consents see fee category 15.I. Application—new license, or amendment; or license exemption 

request.

N/A. 

I. Requests for each additional government-to-government consent in support of an export license application or active export license. Application—new license, or amendment; or license exemption request.N/A. 

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

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

review under § 110.42(e)(4) of this chapter). Application—new license, or amendment; or license exemption request.

N/A. 

K. Applications for export of appendix P Category 2 materials requiring Executive Branch review. Application—new license, 

or amendment; or license exemption request.

N/A. 

L. Application for the export of Category 2 materials. Application—new license, or amendment; or license exemption request.N/A. 

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

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

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

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

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

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

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

or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/ 

quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign authorities. Minor amendment.

N/A. 

16. Reciprocity: Agreement State licensees who conduct activities under the reciprocity provisions of § 150.20 of this chapter. 

Application.

$3,900. 

17. Master materials licenses of broad scope issued to Government agencies. Application [Program Code(s): 03614] ................. Full Cost. 

18. Department of Energy. 

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

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

Full Cost. 

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

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

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

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

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

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

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

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

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

prescribed application fee for the highest fee category. 

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

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

(2) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, pre-application 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). 

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

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

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

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

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

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

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

fee. 2Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under title 10 of the Code of 

Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant 

may be assessed an additional fee for sealed source and device evaluations as shown in fee categories 9.A. through 9.D. 3Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in 

§ 170.20 in effect when the service is provided, and the appropriate contractual support services expended. 4 Licensees paying fees under categories 1.A., 1.B., and 1.E. are not subject to fees under categories 1.C., 1.D. and 1.F. for sealed sources 

authorized in the same license, except for an application that deals only with the sealed sources authorized by the license. 5Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this 

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

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

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

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

same license. 


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11A materials license (or part of a materials license) that transitions to fee category 14.A is assessed full-cost fees under 10 CFR part 170, but 

is not assessed an annual fee under 10 CFR part 171. If only part of a materials license is transitioned to fee category 14.A, the licensee may be 

charged annual fees (and any applicable 10 CFR part 170 fees) for other activities authorized under the license that are not in decommissioning 

status. 12Because the resources for import and export licensing activities are identified as a fee-relief activity to be excluded from the fee-recoverable 

budget, import and export licensing actions will not incur fees. 13 Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to paying fees under 3.N. licenses that authorize services for other licensees 

authorized on the same license. 

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 

■ 18. The authority citation for part 171 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

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

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

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

■ 19. In § 171.15, revise paragraphs 

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

(c)(2) introductory text, and paragraph 

(e) to read as follows: 

§ 171.15 Annual fees: Non-power 

production or utilization licenses, reactor 

licenses, and independent spent fuel 

storage licenses. 

* * * * * 

(b)(1) The FY 2024 annual fee for each 

operating power reactor that must be 

collected by September 30, 2024, is 

$5,488,000. 

(2) The FY 2024 annual fees are 

comprised of a base annual fee for 

power reactors licensed to operate, a 

base spent fuel storage/reactor 

decommissioning annual fee and 

associated additional charges. The 

activities comprising the spent fuel 

storage/reactor decommissioning base 

annual fee are shown in paragraphs 

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

activities comprising the FY 2024 base 

annual fee for operating power reactors 

are as follows: 

* * * * * 

(c)(1) The FY 2024 annual fee for each 

power reactor holding a 10 CFR part 50 

license or combined license issued 

under 10 CFR part 52 that is in a 

decommissioning or possession-only 

status and has spent fuel onsite, and for 

each independent spent fuel storage 10 

CFR part 72 licensee who does not hold 

a 10 CFR part 50 license or a 10 CFR 

part 52 combined license, is $330,000. 

(2) The FY 2024 annual fee is 

comprised of a base spent fuel storage/ 

reactor decommissioning annual fee 

(which is also included in the operating 

power reactor annual fee shown in 

paragraph (b) of this section). The 

activities comprising the FY 2024 spent 

fuel storage/reactor decommissioning 

rebaselined annual fee are: 

* * * * * 

(e) The FY 2024 annual fee for 

licensees authorized to operate one or 

more non-power production or 

utilization facilities under a single 10 

CFR part 50 license, unless the reactor 

is exempted from fees under § 171.11(b), 

is $97,700. 

■ 20. In § 171.16, revise paragraphs (b) 

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

follows: 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(b) The FY 2024 annual fee is 

comprised of a base annual fee and 

associated additional charges. The base 

FY 2024 annual fee is the sum of 

budgeted costs for the following 

activities: 

* * * * * 

(c) A licensee who is required to pay 

an annual fee under this section, in 

addition to 10 CFR part 72 licenses, may 

qualify as a small entity. If a licensee 

qualifies as a small entity and provides 

the Commission with the proper 

certification along with its annual fee 

payment, the licensee may pay reduced 

annual fees as shown in table 1 to this 

paragraph (c). Failure to file a small 

entity certification in a timely manner 

could result in the receipt of a 

delinquent invoice requesting the 

outstanding balance due and/or denial 

of any refund that might otherwise be 

due. The small entity fees are as follows: 

TABLE 1 TO PARAGRAPH (c) 

NRC small entity classification 

Maximum 

annual fee 

per licensed 

category 

Small Businesses Not Engaged in Manufacturing (Average gross receipts over the last 5 completed fiscal years): 

$555,000 to $8 million .................................................................................................................................................................. $5,200 

Less than $555,000 ...................................................................................................................................................................... 1,000 

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

$555,000 to $8 million .................................................................................................................................................................. 5,200 

Less than $555,000 ...................................................................................................................................................................... 1,000 

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

35 to 500 employees .................................................................................................................................................................... 5,200 

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

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

20,000 to 49,999 .......................................................................................................................................................................... 5,200 

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

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

35 to 500 employees .................................................................................................................................................................... 5,200 

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


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(d) The FY 2024 annual fees for 

materials licensees and holders of 

certificates, registrations, or approvals 

subject to fees under this section are 

shown in table 2 to this paragraph (d): 

TABLE 2 TO PARAGRAPH (d)—SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED

BY NRC 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

1. Special nuclear material: 

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

(a) Strategic Special Nuclear Material (High Enriched Uranium) 15 [Program Code(s): 21213] .................................... $6,307,000 

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

21210] .......................................................................................................................................................................... 2,138,000 

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

(a) Facilities with limited operations 15 [Program Code(s): 21310, 21320] ..................................................................... 1,762,000 

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

(c) Others, including hot cell facility 15 [Program Code(s): 21130, 21131, 21133] ......................................................... N/A 

B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI) 11 15 [Program Code(s): 23200] ................................................................ N/A 

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

chapter, in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence 

analyzers. [Program Code(s): 22140] ................................................................................................................................. 3,400 

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

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

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

22150, 22151, 22161, 22170, 23100, 23300, 23310] ........................................................................................................ 9,600 

E. Licenses or certificates for the operation of a uranium enrichment facility 15 [Program Code(s): 21200] ........................ 2,748,000 

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

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

22155] ................................................................................................................................................................................. 5,900 

2. Source material: 

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

or for deconverting uranium hexafluoride in the production of uranium oxides for disposal.15 [Program Code: 11400] .. 1,339,000 

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

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

(b) Basic In Situ Recovery facilities.15 [Program Code(s): 11500] ................................................................................. 54,300 

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

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

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

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

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

from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4)15 [Program Code(s): 11600, 12000] ............................................................................................................. 5 N/A 

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

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

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

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

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

[Program Code(s): 11210] .................................................................................................................................................. 3,700 

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

of this chapter. [Program Code: 11240] ............................................................................................................................. 14,100 

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

11230 and 11231] ............................................................................................................................................................... 7,000 

E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. [Program Code: 11710] .................................................................... 8,900 

F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ................ 11,800

3. Byproduct material: 

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

for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. [Program Code(s): 03211, 03212, 03213] ............................................................................................. 37,900 

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

chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. [Program Code(s): 04010, 04012, 04014] .................................................................. 50,400 

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

chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. [Program Code(s): 04011, 04013, 04015] ..................................................... 63,000 


ddrumheller on DSK120RN23PROD with PROPOSALS1
12782 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

TABLE 2 TO PARAGRAPH (d)—SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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

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

[Program Code(s): 03214, 03215, 22135, 22162] .............................................................................................................. 12,900 

(1). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations 

of use: 6–20. [Program Code(s): 04110, 04112, 04114, 04116] ................................................................................ 17,100 

(2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations 

of use: more than 20. [Program Code(s): 04111, 04113, 04115, 04117] .................................................................. 21,300 

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) of this chapter. Number of locations of use: 1–5. [Program 

Code(s): 02500, 02511, 02513] .......................................................................................................................................... 12,900 

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

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

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

[Program Code(s): 04210, 04212, 04214] ................................................................................................................... 17,100 

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

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

containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 

20. [Program Code(s): 04211, 04213, 04215] ............................................................................................................ 23,500 

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] ....................................... 12,200 

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

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

03511] ................................................................................................................................................................................. 12,400 

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

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

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

03521] ................................................................................................................................................................................. 105,300 

H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. [Program Code(s): 03254, 03255, 03257] ............................................ 12,900 

I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements 

of part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for 

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

03251, 03253, 03256] ......................................................................................................................................................... 19,000 

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

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

under part 31 of this chapter, 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] ................... 3,600 

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

for research and development that do not authorize commercial distribution. Number of locations of use: 1–5. [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ................................................................................ 17,600 

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

20. [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] ............................................................ 23,300 

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

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

more than 20. [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .......................................... 29,100 

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

development that do not authorize commercial distribution. [Program Code(s): 03620] ................................................... 18,400 

N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak 

testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal 

services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C.21 [Program Code(s): 03219, 03225, 

03226] ................................................................................................................................................................................. 20,200 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12783 

TABLE 2 TO PARAGRAPH (d)—SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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

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

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

03320] ................................................................................................................................................................................. 43,900 

(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: 6–20. [Program Code(s): 04310, 04312] ..................................................................................................................................... 58,300 

(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: more than 

20. [Program Code(s): 04311, 04313] ......................................................................................................................... 73,100 

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

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

03222, 03800, 03810, 22130] ............................................................................................................................................. 14,500 

(1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: 6–20. [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 

04428, 04430, 04432, 04434, 04436, 04438] ............................................................................................................. 19,500 

(2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: more than 20. [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 

04427, 04429, 04431, 04433, 04435, 04437, 04439] ................................................................................................. 24,300 

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

R. Possession of items or products containing radium–226 identified in § 31.12 of this chapter which exceed the number of items or limits specified in that section:14 ..............................

(1). Possession of quantities exceeding the number of items or limits in § 31.12(a)(4), or (5) of this chapter but less 

than or equal to 10 times the number of items or limits specified. [Program Code(s): 02700] ................................. 8,400 

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

this chapter. [Program Code(s): 02710] ...................................................................................................................... 8,800 

S. Licenses for production of accelerator-produced radionuclides. [Program Code(s): 03210] ............................................ 35,100 

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, 03236, 06100, 06101] ............................................................................................................................................. 27,200 

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] .............. 20,300 

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] ...................................................................................... 12,100 

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] ................................................................................................................................................................................. 16,300 

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] .......................................................................................................... 39,400 

7. Medical licenses: 

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

or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source material for 

shielding when authorized on the same license.9 17 Number of locations of use: 1–5. [Program Code(s): 02300, 

02310] ................................................................................................................................................................................. 37,600 

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

material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source 

material for shielding when authorized on the same license.9 17 Number of locations of use: 6–20. [Program 

Code(s): 04510, 04512] ............................................................................................................................................... 50,100 

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

material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source 

material for shielding when authorized on the same license.9 17 Number of locations of use: more than 20. [Program Code(s): 04511, 04513] ..................................................................................................................................... 62,500 


ddrumheller on DSK120RN23PROD with PROPOSALS1
12784 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

TABLE 2 TO PARAGRAPH (d)—SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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

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

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

This category also includes the possession and use of source material for shielding when authorized on the same license.9 17 Number of locations of use: 1–5. [Program Code(s): 02110] ........................................................................... 53,100 

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

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

licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 17 Number of locations of use: 6–20. [Program Code(s): 04710] ............................. 70,700 

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

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

licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 17 Number of locations of use: more than 20. [Program Code(s): 04711] ............... 88,200 

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

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

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

source material for shielding when authorized on the same license.9 17 19 Number of locations of use: 1–5. [Program 

Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] .................................................... 21,400 

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

source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 17 19 Number of locations of 

use: 6–20. [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] ........... 28,500 

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

source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 17 19 Number of locations of 

use: more than 20. [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 

04829] .......................................................................................................................................................................... 36,600 

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

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. ...................................................... 29,600 

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

or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. ................................................................................................................................... 13,100 

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

special nuclear material, except reactor fuel, for commercial distribution. ........................................................................ 7,700 

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

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

10. Transportation of radioactive material: 

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

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

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

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

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

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

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

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

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

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

B. General licenses for storage of spent fuel under § 72.210 of this chapter ....................................................................... 12 N/A 

14. Decommissioning/Reclamation: 

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

principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200] ....................................................... 7 20 N/A 

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

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

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

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

17. Master materials licenses of broad scope issued to Government agencies.15 [Program Code(s): 03614] ........................... 457,000 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12785 

TABLE 2 TO PARAGRAPH (d)—SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

18. Department of Energy: 

A. Certificates of Compliance ................................................................................................................................................. 10 2,174,000 

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] ............................ 271,000 

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

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

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

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

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

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

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

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

under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2. 10This includes Certificates of Compliance issued to the DOE that are not funded from the Nuclear Waste Fund. 11See § 171.15(c). 12See § 171.15(c). 13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees. 14Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this 

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

shielding authorized on the same license. 18 Licensees paying fees under 3.N. are not subject to paying fees under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services authorized 

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

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

on the same license. 20 No annual fee is charged for a materials license (or part of a materials license) that has transitioned to this fee category because the decommissioning costs will be recovered through 10 CFR part 170 fees, but annual fees may be charged for other activities authorized under the license that are not in decommissioning status. 21 Licensees paying fees under 4.A., 4.B. or 4.C. are not subject to paying fees under 3.N. licenses that authorize services for other licensees 

authorized on the same license. 

* * * * * 

■ 21. In § 171.19, revise paragraph (a) to 

read as follows. 

§ 171.19 Payment. 

* * * * * 

(a) Method of payment. All annual fee 

payments under this part are to be made 

payable to the U.S. Nuclear Regulatory 

Commission. The payments are to be 

made in U.S. funds using the electronic 

payment methods accepted at 

www.Pay.gov. Federal agencies may also 

make payment by IntraGovernmental 

Payment and Collection (IPAC). Specific 

instructions for making payments may 

be obtained by contacting the Office of 

the Chief Financial Officer at 301–415– 

7554. In accordance with Department of 

the Treasury requirements, refunds will 

only be made upon receipt of 

information on the payee’s financial 

institution and bank accounts. 

* * * * * 

Dated: February 5, 2024. 

For the Nuclear Regulatory Commission. 

Jennifer M. Golder, 

Acting Chief Financial Officer. 

[FR Doc. 2024–03231 Filed 2–16–24; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0231; Project 

Identifier AD–2023–01037–T] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

The Boeing Company Model 787–8, 


ddrumheller on DSK120RN23PROD with PROPOSALS1