[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Proposed Rules]
[Pages 15476-15502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06377]



[[Page 15475]]

Vol. 80

Monday,

No. 55

March 23, 2015

Part IV





Nuclear Regulatory Commission





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10 CFR Parts 170 and 171





 Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015; Proposed 
Rule

Federal Register / Vol. 80 , No. 55 / Monday, March 23, 2015 / 
Proposed Rules

[[Page 15476]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2014-0200]
RIN 3150-AJ44


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend the licensing, inspection, and annual fees charged to its 
applicants and licensees. The proposed amendments are necessary to 
implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as 
amended, which requires the NRC to recover through fees approximately 
90 percent of its budget authority in Fiscal Year (FY) 2015, not 
including amounts appropriated for Waste Incidental to Reprocessing 
(WIR), the Nuclear Waste Fund (NWF), generic homeland security 
activities, and Inspector General (IG) services for the Defense Nuclear 
Facilities Safety Board (DNFSB). These fees represent the cost of the 
NRC's services provided to applicants and licensees.

DATES: Submit comments by April 22, 2015. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date. Because OBRA-90, as amended, requires that the NRC collect the FY 
2015 fees by September 30, 2015, the NRC will not grant any requests 
for an extension of the comment period.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
    <bullet> Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0200. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#5a193b283536741d3b36363b3d323f281a342839743d352c"><span class="__cf_email__" data-cfemail="37745645585b1970565b5b56505f52457759455419505841">[email protected]</span></a>. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this proposed rule.
    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#d684a3bab3bbb7bdbfb8b1f895b9bbbbb3b8a2a596b8a4b5f8b1b9a0"><span class="__cf_email__" data-cfemail="045671686169656f6d6a632a476b6969616a7077446a76672a636b72">[email protected]</span></a>. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
    <bullet> Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    <bullet> Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    <bullet> Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Arlette Howard, Office of the Chief 
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1481, email: <a href="/cdn-cgi/l/email-protection#5d1c2f31382929387315322a3c2f391d332f3e733a322b"><span class="__cf_email__" data-cfemail="c180b3ada4b5b5a4ef89aeb6a0b3a581afb3a2efa6aeb7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments
II. Background
III. Discussion
IV. Section-by-Section Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act
    Public Protection Notification
XI. Voluntary Consensus Standards
XII. Availability of Guidance
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2014-0200 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:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0200.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#99e9fdebb7ebfceaf6ecebfafcd9f7ebfab7fef6ef"><span class="__cf_email__" data-cfemail="176773653965726478626574725779657439707861">[email protected]</span></a>. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced. For the convenience of the reader, the 
ADAMS accession numbers are provided in a table in the ``Availability 
of Documents'' section of this document.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2014-0200 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS, and 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 comment into ADAMS.

II. Background

    Over the past 40 years the NRC (and earlier, as the Atomic Energy 
Commission, the NRC's predecessor agency) has assessed and continues to 
assess fees to applicants and licensees to recover the cost of its 
regulatory program. The NRC's cost recovery principles for fee 
regulation are governed by two major laws: (1) The Independent Offices 
Appropriations Act of 1952 (IOAA) (31 U.S.C. 483 (a)); and (2) OBRA-90 
(42 U.S.C. 2214), as amended. The NRC is required each year, under 
OBRA-90, as amended, to recover approximately 90 percent of its budget 
authority, not including amounts appropriated for WIR, amounts 
appropriated for generic homeland security activities, and IG services 
for the DNFSB, through fees to the NRC licensees and applicants.
    In addition to the requirements of OBRA-90, as amended, the NRC is 
also

[[Page 15477]]

required to comply with the requirements of the Small Business 
Regulatory Enforcement Fairness Act of 1996. This Act encourages small 
businesses to participate in the regulatory process, and requires 
agencies to develop more accessible sources of information on 
regulatory and reporting requirements for small businesses and create a 
small entity compliance guide. The NRC, in order to ensure equitable 
fee distribution among all licensees, develops a fee methodology 
specifically for small entities that consisted of a small entity 
definition and the Small Business Administration's most common 
receipts-based size standards as described under the North American 
Industry Classification System (NAICS) identifying industry codes. The 
NAICS is the standard used by Federal statistical agencies to classify 
business establishments for the purposes of collecting, analyzing, and 
publishing statistical data related to the U.S. business economy. The 
purpose of this fee methodology is to lessen the financial impact on 
small entities through the establishment of a maximum fee at a reduced 
rate for qualifying licensees.
    For FY 2015, the NRC staff performed a biennial review using the 
same fee methodology developed in FY 2009 that applies a fixed 
percentage of 39 percent to the prior 2-year weighted average of 
materials users' fees. This methodology disproportionately impacted 
NRC's small licensees fees by increasing fees by an approximate 43 
percent on average compared to other materials licensees not eligible 
for small entity fee status whose fees increased by 38 percent or less 
for FY 2015; therefore, the NRC staff limited the increase to 21 
percent based on historical applications of the fee methodology. 
Consequently, the change resulted in a fee of $3,400 for an upper-tier 
small entity and $700 for a lower-tier small entity for FY 2015. The 
NRC staff believes these fees are reasonable and provide relief to 
small entities while at the same time recovering from those licensees 
some of the NRC's costs for activities that benefit them. The next 
biennial review will be conducted in FY 2017.
    Additionally, this proposed rule is based on the NRC's FY 2015 
Congressional Budget Justification figures with adjustments made for 
the current estimate. In order to ensure timely publication of this 
rule, adjustments have not been made for the appropriation received on 
December 16, 2014. All figures in the final rule will be updated based 
on the NRC's appropriation (an estimate has been included in this 
proposed rule). Because the enacted appropriation is less than the 
President's budget, the final rule will reflect that, overall, the NRC 
will collect a lower amount of fees than is reflected in this proposed 
rule.

III. Discussion

    In compliance with OBRA-90, as amended, and the Atomic Energy Act 
of 1954 (AEA), the NRC proposes to amend its fee schedules for parts 
170 and 171 of Title 10 of the Code of Federal Regulations (10 CFR) to 
recover approximately 90 percent of its FY 2015 budget authority, less 
the amounts appropriated for WIR, the NWF, generic homeland security 
activities, and IG services for the DNFSB. The 10 CFR part 170 user 
fees, under the authority of the IOAA, recover the NRC's costs of 
providing specific regulatory benefits to identifiable applicants and 
licensees. For example, the NRC assesses these fees to cover the costs 
of inspections, applications for new licenses and license renewals, and 
requests for license amendments. The 10 CFR part 171 annual fees, on 
the other hand, recover generic regulatory costs that are not otherwise 
recovered through 10 CFR part 170 fees.

FY 2015 Proposed Fee Collection

    In order to allow sufficient time for the NRC to issue the FY 2015 
final fee rule during FY 2015, as required by OBRA-90, the NRC is 
issuing the proposed fee rule based on the President's budget. The FY 
2015 final fee rule will be based on the enacted budget. The enacted 
budget represents a $44.2 million reduction from the President's 
budget, which will reduce the hourly rate and the amount of annual fees 
the NRC is required to collect.
    The FY 2015 proposed fee rule is based on the President's budget 
request of $1,059.5 million, modified to reflect comparability 
adjustments and reallocation of resources. Comparability adjustments 
are shifts of the same work and the associated resources within or 
between programs, business, or product lines. Reallocation of resources 
occurs when resources are used differently than originally budgeted, 
for reasons such as changes in agency priorities or workload changes. 
For example, FY 2015 resources decreased in the New Reactors and Fuel 
Facilities Business Lines due to projected workload decreases, while 
resources allocated to the Operating Reactors Business Line increased 
to support efforts to reduce the inventory of pending licensing 
actions. The 2015 proposed fee rule is based on the anticipated 
distribution of funds for agency needs at the time of its development. 
The final rule will be adjusted to reflect the NRC's FY 2015 reduced 
appropriation of $1,015.3 million.
    Table 1.1 contains a sample of the anticipated impact of this 
calculation. Based on OBRA-90, as amended, the NRC is required to 
recover $935.3 million through 10 CFR part 170 licensing and 
inspections fees and 10 CFR part 171 annual fees for the FY 2015 
proposed fee rule. This amount excludes non-fee items for WIR 
activities totaling $1.4 million, IG services for the DNFSB totaling 
$0.9 million, and generic homeland security activities totaling $18.1 
million. The required fee recovery amount is $4.5 million more than the 
amount recovered in FY 2014, an increase of 0.5 percent. After 
accounting for billing adjustments, this amount is decreased by $9.0 
million as a result of net billing adjustments (sum of unpaid current 
year invoices (estimated) minus payments for prior year invoices). This 
leaves approximately $926.2 million in FY 2015 to be billed as fees to 
licensees for 10 CFR part 170 licensing and inspection fees and 10 CFR 
part 171 annual fees. This amount represents an increase of $9.5 
million in fees assessed to licensees over the FY 2014 final fee rule 
published on June 30, 2014 (79 FR 37124).
    Table I summarizes the proposed budget and fee recovery amounts for 
the FY 2015 proposed fee rule. The FY 2014 amounts are provided for 
comparison purposes. (Individual values may not sum to totals due to 
rounding.)

[[Page 15478]]



                                    Table I--Budget and Fee Recovery Amounts
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                  FY 2014  Final      FY 2015      Estimated  FY
                                                                       rule        Proposed rule    2015  final
----------------------------------------------------------------------------------------------------------------
Total Budget Authority..........................................        $1,055.9        $1,059.5        $1,015.3
Less Non-Fee Items..............................................           -21.8           -20.3          -$20.3
    Balance.....................................................        $1,034.1        $1,039.2          $995.0
Fee Recovery Rate...............................................             90%             90%             90%
Total Amount to be Recovered:...................................          $930.7          $935.3          $895.5
    10 CFR Part 171 Billing Adjustments:
        Unpaid Current Year Invoices (estimated)................             0.5             0.6             0.6
        Less Current Year from Collections (Terminated--                    -2.2               0               0
         Operating Reactors)....................................
        Less Payments Received in Current Year for Previous Year           -12.3            -9.6            -9.6
         Invoices (estimated)...................................
            Subtotal............................................           -14.0            -9.0            -9.0
Amount to be Recovered through 10 CFR Parts 170 and 171 Fees....          $916.7          $926.2          $886.5
    Less Estimated 10 CFR Part 170 Fees.........................          -332.5          -324.3         -$324.3
    Less Prior Year Unbilled 10 CFR Part 170 Fees...............              -0              -0              -0
10 CFR Part 171 Fee Collections Required........................          $584.2          $601.9          $562.2
----------------------------------------------------------------------------------------------------------------


                                                         Table I.I--Estimated Final FY 2015 Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Percent change
               Class/Category of licenses                  FY 2014 Final      FY 2015     Percent change   Estimated FY   Percent change   from FY 2015
                                                                             Proposed      from FY 2014     2015 final     from FY 2014      proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Operating Power Reactors................................      $4,999,000      $5,087,000             1.8      $4,750,000            -5.0            -6.6
Spent Fuel Storage/Reactor Decommissioning..............         224,000         237,000             5.8         234,000             4.5            -1.3
Research and Test Reactors (Nonpower Reactors)..........          84,500          88,500             4.7          84,700             0.2            -4.3
High Enriched Uranium Fuel Facility.....................       7,175,000       9,424,000            31.3       8,198,000            14.3           -13.0
Low Enriched Uranium Fuel Facility......................       2,469,000       3,243,000            31.3       2,821,000            14.3           -13.0
UF6 Conversion and Deconversion Facility................       1,466,000       1,925,000            31.3       1,675,000            14.3           -13.0
Conventional Mills......................................          33,800          40,700            20.4          35,300             4.4           -13.3
Typical Materials Users:
    Radiographers (Category 3O).........................          29,800          26,900            -9.7          25,700           -13.8            -4.5
    Well Loggers (Category 5A)..........................          13,600          14,900             9.6          14,300             5.1            -4.0
    Gauge Users (Category 3P)...........................           6,800           8,200            20.6           7,900            16.2            -3.7
    Broad Scope Medical (Category 7B)...................          35,700          38,500             7.8          37,300             4.5            -3.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

Hourly Rate

    The NRC's hourly rate is used in assessing full cost fees, or the 
total cost of services provided by the NRC, for specific services 
provided, as well as flat fees for certain application reviews. The NRC 
is proposing to decrease the current hourly rate of $279 to $277 in FY 
2015 (with an estimated $268 hourly rate in the final rule). The hourly 
rate decrease is due to the increase in estimated direct hours worked 
per mission-direct FTE during the year. The hourly rate is inversely 
related to the mission-direct FTE rate. Thus, as the FTE rate 
increases, the hourly rate decreases. This rate would be applicable to 
all activities for which fees are assessed under Sec. Sec.  170.21 and 
170.31. The FY 2015 proposed hourly rate is 0.07 percent lower than the 
FY 2014 hourly rate of $279.
    The NRC's hourly rate is derived by dividing the sum of recoverable 
budgeted resources for: (1) Mission-direct program salaries and 
benefits; (2) mission-indirect program support; and (3) agency office 
support and the IG, all of which are agency overhead or indirect costs 
by mission-direct FTE hours. The mission-direct FTE hours are the 
product of the mission-direct FTE multiplied by the hours per direct 
FTE. The only budgeted resources excluded from the hourly rate are 
those for contract activities related to mission-direct and fee-relief 
activities.
    In FY 2015, the NRC used 1,420 hours per direct FTE to calculate 
the hourly fee rate, which is higher than the FY 2014 estimate of 1,375 
hours per direct FTE and represents increased productivity. These hours 
exclude all indirect activities such as training and general 
administration. The staff used 1,420 hours in the FY 2015 budget 
formulation cycle (which began in March 2013). The NRC generated this 
figure by reviewing and analyzing the most currently available time and 
labor data from FY 2010 through FY 2012 to determine if the direct 
hours per FTE for FY 2015 budget formulation should be revised.
    Table II shows the results of the hourly rate calculation 
methodology. The FY 2014 amounts are provided for comparison purposes. 
(Individual values may not sum to totals due to rounding.)

[[Page 15479]]



                                        Table II--Hourly Rate Calculation
----------------------------------------------------------------------------------------------------------------
                                                                  FY 2014  Final      FY 2015      Estimated  FY
                                                                       rule        Proposed rule    2015  final
----------------------------------------------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits......................          $359.2          $368.4          $365.6
Mission-Indirect Program Support................................           $21.0           $67.8           $67.8
Agency Corporate Support, and the IG............................          $486.0          $455.6          $422.3
                                                                 -----------------------------------------------
    Subtotal....................................................          $866.2          $891.8          $855.7
Less Offsetting Receipts........................................           -$0.0           -$0.0            $.04
                                                                 -----------------------------------------------
        Total Budget Included in Hourly Rate (Millions of                 $866.2          $891.7          $855.6
         Dollars)...............................................
Mission-Direct FTE (Whole numbers)..............................           2,254           2,267           2,249
Professional Hourly Rate (Total Budget Included in Hourly Rate              $279            $277            $268
 divided by Mission-Direct FTE Hours) (Whole Numbers)...........
----------------------------------------------------------------------------------------------------------------

    As shown in Table II, dividing the FY 2015 $891.7 million budget 
amount included in the hourly rate by total mission-direct FTE hours 
(2,267 FTE times 1,420 hours) results in an hourly rate of $277. The 
hourly rate is rounded to the nearest whole dollar.

Flat Application Fee Changes

    The NRC is proposing to amend the current flat application fees in 
Sec. Sec.  170.21 and 170.31 to reflect the revised hourly rate of 
$277. These flat fees are calculated by multiplying the average 
professional staff hours needed to process the licensing actions by the 
proposed professional hourly rate for FY 2015. The agency estimates the 
average professional staff hours needed to process licensing actions 
every other year as part of its biennial review of fees performed in 
compliance with the Chief Financial Officers Act of 1990. The NRC 
performed this review as part of this FY 2015 proposed fee rulemaking. 
The lower hourly rate of $277 is the primary reason for the decrease in 
application fees.
    In general, the increase in application fees is due to the 
increased number of hours required to perform specific activities based 
on the biennial review. Application fees for 11 fee categories (2.D., 
3.C., 3.H., 3.M., 3.P., 3.R.2., 3.S., 4.B., 5.A., 7.A., and 7.C. under 
Sec.  170.31) increase as a result of the average time to process these 
types of license applications. The decrease in fees for 7 fee 
categories (2.C., 2.E., 2.F., 3.B., 3.I., 3.N., and 3.O. under Sec.  
170.31) is due to a decrease in average time to process these types of 
applications. Also, the application fees increase for 3 import and 
export fee categories (K.4., K.5., and 15.D. under Sec.  170.31) and 
decrease for 4 import and export fee categories (15.G., 15.H., 15.K., 
and 15.L. under Sec.  170.31).
    The amounts of the materials licensing flat fees are rounded so 
that the fees would be convenient to the user and the effects of 
rounding would be minimal. Fees under $1,000 are rounded to the nearest 
$10, fees that are greater than $1,000 but less than $100,000 are 
rounded to the nearest $100, and fees that are greater than $100,000 
are rounded to the nearest $1,000.
    The proposed licensing flat fees are applicable for fee categories 
K.1. through K.5. of Sec.  170.21, and fee categories 1.C. through 
1.D., 2.B. through 2.F., 3.A. through 3.S., 4.B. through 9.D., 10.B., 
15.A. through 15.L., 15.R., and 16 of Sec.  170.31. Applications filed 
on or after the effective date of the FY 2015 final fee rule would be 
subject to the revised fees in the final rule.

Application of Fee-Relief and Low-Level Waste (LLW) Surcharge

    The NRC proposes to credit a total of $10.6 million to licensees' 
annual fees for both fee-relief activities and LLW surcharge based on 
their share of the fee recoverable budget authority. For this 
rulemaking, the NRC also proposes to establish rebaselined annual fees 
by changing the number of licensees in accordance with SECY-05-0164, 
``Annual Fee Calculation Method,'' September 15, 2005 (ADAMS Accession 
No. ML052580332). The rebaselining method analyzes the budget in detail 
and allocates the budgeted costs to various classes or subclasses of 
licensees. Stated otherwise, rebaselining is the annual reallocation of 
NRC resources based on changes in the NRC's budget. The NRC established 
the rebaselined methodology for calculating annual fees through notice 
and comment rulemaking in the FY 1999 fee rule (64 FR 31448; June 10, 
1999), determining that base annual fees will be re-established 
(rebaselined) every third year, or more frequently if there is a 
substantial change in the total NRC budget or in the magnitude of the 
budget allocated to a specific class of licenses. The FY 2014 fee 
rulemaking used this same rebaselining methodology.
    Moreover, the NRC would use its fee-relief surplus to decrease all 
licensees' annual fees, based on their percentage share of the budget. 
The NRC would apply the 10 percent of its budget that is excluded from 
fee recovery under OBRA-90, as amended (fee relief), to offset the 
total budget allocated for activities that do not directly benefit 
current NRC licensees. The budget for these fee-relief activities is 
totaled and then reduced by the amount of the NRC's fee relief. Any 
difference between the fee-relief and the budgeted amount of these 
activities results in a fee-relief adjustment (increase or decrease) to 
all licensees' annual fees, based on their percentage share of the 
budget, which is consistent with the existing fee methodology.
    In the Staff Requirements Memorandum for SECY-14-0082, 
``Jurisdiction for Military Radium and U.S. Nuclear Regulatory 
Commission Oversight of U.S. Department of Defense Remediation of 
Radioactive Material'' (ADAMS Accession No. ML14356A070), the 
Commission approved the staff's recommendation to finalize and 
implement a Memorandum of Understanding (MOU) with the U.S. Department 
of Defense (DOD) for remediation of DOD unlicensed sites containing 
radioactive materials subject to the NRC's regulatory authority. The 
MOU is slated to be finalized in FY 2015. As part of this effort, the 
Commission approved the establishment of a new fee relief category for 
the regulatory activities for the monitoring of DOD unlicensed sites 
under the MOU. Consistent with this direction, the NRC proposes to 
include a new activity under fee relief activities, within 10 CFR part 
170 licensing and inspection fees or 10 CFR part 171 annual fees. These 
program activities capture site-specific oversight activities performed 
under the MOU and any ongoing non-site specific MOU-related program 
activities. These activities will

[[Page 15480]]

therefore be funded by the agency's 10-percent appropriation.
    In comparison to FY 2014, resources for Scholarships and 
Fellowships decreased by $14.8 million in the FY 2015 President's 
budget. The $15 million requirement for University Grants will be 
allocated consistent with the FY 2015 appropriation in the FY 2015 
final fee rule. Additionally, the budgetary resources in FY 2015 would 
slightly increase due to a reduction in decommissioning billings under 
10 CFR part 170, which would lower the offset under decommissioning 
activities for total fee-relief resources.
    Table III summarizes the fee-relief activities for FY 2015. The FY 
2014 amounts are provided for comparison purposes. (Individual values 
may not sum to totals due to rounding.)

                    Table III--Fee-Relief Activities
                          [Dollars in millions]
------------------------------------------------------------------------
                                              FY 2014         FY 2015
          Fee-relief activities           Budgeted costs  Budgeted costs
------------------------------------------------------------------------
1. Activities not attributable to an
 existing NRC licensee or class of
 licensee:
    a. International activities.........           $11.2           $10.0
    b. Agreement State oversight........            12.6            12.4
    c. Scholarships and Fellowships.....            18.9             4.1
    d. Medical Isotope Production.......             3.1             5.0
2. Activities not assessed under 10 CFR
 part 170 licensing and inspection fees
 or 10 CFR part 171 annual fees based on
 existing law or Commission policy:
    a. Fee exemption for nonprofit                  11.9            10.6
     educational institutions...........
    b. Costs not recovered from small                8.4             9.2
     entities under 10 CFR 71.16(c).....
    c. Regulatory support to Agreement              17.9            19.0
     States.............................
    d. Generic decommissioning/                     17.1            17.7
     reclamation (not related to the
     power reactor and spent fuel
     storage fee classes)...............
    e. In Situ leach rulemaking and                  1.0             1.3
     unregistered general licensees.....
    f. Potential Department of Defense               0.0             0.0
     remediation program MOU activities.
                                         -------------------------------
        Total fee-relief activities.....           102.1            89.3
Less 10 percent of the NRC's total FY             -103.4           103.9
 budget (less non-fee items)............
Fee-Relief Adjustment to be Allocated to            -1.3           -14.6
 All Licensees' Annual Fees.............
------------------------------------------------------------------------

    Table IV shows how the NRC would allocate the $14.6 million fee-
relief assessment adjustment to each license fee class. As explained 
previously, the NRC would allocate this fee-relief adjustment to each 
license fee class based on their percentage of the budget for their fee 
class compared to the NRC's total budget. The fee-relief surplus 
adjustment is subtracted from the required annual fee recovery for each 
fee class.
    Separately, the NRC has continued to allocate the LLW surcharge 
based on the volume of LLW disposal of three classes of licenses: 
operating reactors, fuel facilities, and materials users. Because LLW 
activities support NRC licensees and Agreement States, the costs of 
these activities are recovered through annual fees.
    Table IV also shows the allocation of the LLW surcharge activity. 
For FY 2015, the total budget allocated for LLW activity is $4 million. 
(Individual values may not sum to totals due to rounding.)

                    Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2015
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                           LLW Surcharge               Fee-relief adjustment           Total
                                 -------------------------------------------------------------------------------
                                      Percent            $            Percent            $               $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........              32             1.3            86.0           -12.6           -11.3
Spent Fuel Storage/Reactor                     0               0             3.7            -0.5            -0.5
 Decommissioning................
Research and Test Reactors......               0               0             0.3             0.0             0.0
Fuel Facilities.................              54             2.2             5.2            -0.8             1.4
Materials Users.................              14             0.6             3.1            -0.5             0.1
Transportation..................               0               0             0.5            -0.1            -0.1
Rare Earth Facilities...........               0               0             0.0             0.0             0.0
Uranium Recovery................               0               0             1.2            -0.2            -0.2
                                 -------------------------------------------------------------------------------
    Total.......................             100             4.0             100           -14.6           -10.6
----------------------------------------------------------------------------------------------------------------

Revised Annual Fees

    The NRC is required to establish rebaselined annual fees, which 
includes updating the number of NRC licensees in the FY 2015 fee 
calculations. Therefore, the NRC proposes to revise its annual fees in 
Sec. Sec.  171.15 and 171.16 for FY 2015 to recover approximately 90 
percent of the NRC's FY 2015 budget authority, less non-fee amounts and 
the estimated amount to be recovered through 10 CFR part 170 fees. The 
total estimated 10 CFR part 170 collections for this proposed rule 
total are $324.3 million, a decrease of $8.3 million from the FY 2014 
fee rule, primarily within the fuel facilities and spent fuel storage 
fee classes. These decreases are later explained in detail within each 
fee class. The total amount to be recovered through annual fees from 
current licensees for this proposed rule is $601.9 million, an increase 
of $17.8

[[Page 15481]]

million from the FY 2014 final rule. The FY 2015 Final Fee Rule will 
reflect an estimated annual fee collection of $562.2 million. The 
required annual fee collection in FY 2014 was $584.2 million.
    In the agency's FY 2006 final fee rule (71 FR 30721; May 30, 2006), 
the Commission determined that the agency should proceed with a 
presumption in favor of rebaselining when calculating annual fees each 
year. Rebaselining involves a detailed analysis of the NRC's budget, 
with the NRC allocating budgeted resources to fee classes and 
categories of licensees. The Commission expects that for most years 
there will be budgetary and other changes that warrant the use of the 
rebaselining method.
    For FY 2015, the NRC's total fee recoverable budget, as mandated by 
law, is $935.3 million, an increase of $4.5 million compared to FY 
2014. The FY 2015 budget was allocated to the appropriate fee class 
based on budgeted activities. As compared with the FY 2014 annual fees, 
the FY 2015 rebaselined fees increase for most fee classes--operating 
reactors, spent fuel storage and reactor decommissioning, fuel 
facilities, research and test reactors, some materials users, DOE 
transportation activities, and most uranium recovery licensees.
    The factors affecting all annual fees include the distribution of 
budgeted costs to the different classes of licenses (based on the 
specific activities the NRC will perform in FY 2015), the estimated 10 
CFR part 170 collections for the various classes of licenses, and 
allocation of the fee-relief surplus adjustment to all fee classes. The 
percentage of the NRC's budget not subject to fee recovery remains at 
10 percent for FY 2015, the same as FY 2014.
    Table V shows the rebaselined fees for FY 2015 for a representative 
list of categories of licensees. The FY 2014 amounts are provided for 
comparison purposes. (Individual values may not sum to totals due to 
rounding.)

                                        Table V--Rebaselined Annual Fees
----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2015      Estimated  FY
                   Class/category of licenses                     FY 2014  Final     Proposed       2015  final
                                                                    annual  fee     annual fee          fee
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors........................................      $4,999,000      $5,087,000      $4,750,000
+ Spent Fuel Storage/Reactor Decommissioning....................         224,000         237,000         234,000
Total, Combined Fee.............................................       5,223,000       5,324,000       4,984,000
Spent Fuel Storage/Reactor Decommissioning......................         224,000         237,000         234,000
Research and Test Reactors (Nonpower Reactors)..................          84,500          88,500          84,700
High Enriched Uranium Fuel Facility.............................       7,175,000       9,424,000       8,198,000
Low Enriched Uranium Fuel Facility..............................       2,469,000       3,243,000       2,821,000
UF6 Conversion and Deconversion Facility........................       1,466,000       1,925,000       1,675,000
Conventional Mills..............................................          33,800          40,700          35,300
Typical Materials Users:
    Radiographers (Category 3O).................................          29,800          26,900          25,700
    Well Loggers (Category 5A)..................................          13,600          14,900          14,300
    Gauge Users (Category 3P)...................................           6,800           8,200           7,900
    Broad Scope Medical (Category 7B)...........................          35,700          38,500          37,300
----------------------------------------------------------------------------------------------------------------

    The work papers (ADAMS Accession No. ML15021A198) that support this 
proposed rule show in detail the allocation of the NRC's budgeted 
resources for each class of licenses and how the fees are calculated. 
The work papers are available as indicated in Section XIII, 
``Availability of Documents,'' of this document.
    Paragraphs a. through h. of this section describe budgetary 
resources allocated to each class of licenses and the calculations of 
the rebaselined fees. Individual values in the tables presented in this 
section may not sum to totals due to rounding.
a. Fuel Facilities
    The FY 2015 budgeted costs to be recovered in the annual fees 
assessment to the fuel facility class of licenses (which includes 
licensees in fee categories 1.A.(1)(a), 1.A.(1)(b), 1.A.(2)(a), 
1.A.(2)(b), 1.A.(2)(c), 1.E., and 2.A.(1) under Sec.  171.16) are 
approximately $38.6 million. This value is based on the full cost of 
budgeted resources associated with all activities that support this fee 
class, which is reduced by estimated 10 CFR part 170 collections and 
adjusted for allocated generic transportation resources and fee-relief. 
In FY 2015, the LLW surcharge for fuel facilities is added to the 
allocated fee-relief adjustment (see Table IV, ``Application of Fee-
Relief Adjustment and LLW Surcharge, FY 2015,'' in Section II, 
``Discussion,'' of this document). The summary calculations used to 
derive this value are presented in Table VI for FY 2015, with FY 2014 
values shown for comparison. (Individual values may not sum to totals 
due to rounding.)

      Table VI--Annual Fee Summary Calculations for Fuel Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2015
        Summary fee calculations           FY 2014 Final     Proposed
------------------------------------------------------------------------
Total budgeted resources................           $47.2           $48.2
Less estimated 10 CFR part 170 receipts.           -16.7           -11.3
Net 10 CFR part 171 resources...........            30.5            36.9
Allocated generic transportation........             0.6             0.8
Fee-relief adjustment/LLW surcharge.....             1.1             1.4
Billing adjustments.....................            -0.6           -0.05

[[Page 15482]]

 
Reclassification of licensee current                -2.2               0
 year fee billing received:.............
                                         -------------------------------
    Total remaining required annual fee             29.5            38.6
     recovery...........................
------------------------------------------------------------------------

    In FY 2015, the fuel facilities annual fee increased in part due to 
a slight rise in budgetary resources. The primary cause for the FY 2015 
increase was reduced 10 CFR part 170 billings from construction delays. 
The NRC allocates the total remaining annual fee recovery amount to the 
individual fuel facility licensees, based on the effort/fee 
determination matrix developed for the FY 1999 final fee rule (64 FR 
31447; June 10, 1999). In the matrix included in the publicly-available 
NRC work papers, licensees are grouped into categories according to 
their licensed activities (i.e., nuclear material enrichment, 
processing operations, and material form) and the level, scope, depth 
of coverage, and rigor of generic regulatory programmatic effort 
applicable to each category from a safety and safeguards perspective. 
This methodology can be applied to determine fees for new licensees, 
current licensees, licensees in unique license situations, and 
certificate holders.
    This methodology is adaptable to changes in the number of licensees 
or certificate holders, licensed or certified material and/or 
activities, and total programmatic resources to be recovered through 
annual fees. When a license or certificate is modified, it may result 
in a change of category for a particular fuel facility licensee, as a 
result of the methodology used in the fuel facility effort/fee matrix. 
Consequently, this change may also have an effect on the fees assessed 
to other fuel facility licensees and certificate holders. For example, 
if a fuel facility licensee amends its license/certificate to reflect 
cessation of licensed activities (e.g., decommissioning or license 
termination), then that licensee will not be subject to 10 CFR part 171 
costs applicable to the fee class, and the budgeted generic costs for 
the safety and/or safeguards components that continue to be associated 
with the license will have to be spread among the remaining fuel 
facility licensees/certificate holders.
    The methodology is applied as follows. First, a fee category is 
assigned, based on the nuclear material possessed or used, and/or the 
activity or activities authorized by license or certificate. Although a 
licensee/certificate holder may elect not to fully use a license/
certificate, the license/certificate is still used as the source for 
determining authorized nuclear material possession and use/activity. 
Second, the category and license/certificate information are used to 
determine where the licensee/certificate holder fits into the matrix. 
The matrix depicts the categorization of licensees/certificate holders 
by authorized material types and use/activities.
    Each year, the NRC's fuel facility project managers and regulatory 
analysts determine the level of effort associated with regulating each 
of these facilities. This is done by assigning, for each fuel facility, 
separate effort factors for the safety and safeguards activities 
associated with each type of regulatory activity. The matrix includes 
10 types of regulatory activities, including enrichment and scrap/
waste-related activities (see the work papers for the complete list). 
Effort factors are assigned as follows: 1 (low regulatory effort), 5 
(moderate regulatory effort), and 10 (high regulatory effort). The NRC 
then totals separate effort factors for safety and safeguards 
activities for each fee category.
    The effort factors for the various fuel facility fee categories are 
summarized in Table VII. The value of the effort factors shown, as well 
as the percent of the total effort factor for all fuel facilities, 
reflects the total regulatory effort for each fee category (not per 
facility). This results in spreading of costs to other fee categories.

                             Table VII--Effort Factors for Fuel Facilities, FY 2015
----------------------------------------------------------------------------------------------------------------
                                                                                    Effort factors (percent of
                                                                     Number of                total)
                  Facility type  (fee category)                     facilities   -------------------------------
                                                                                      Safety        Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).........................               2       89 (43.8)       97 (54.5)
Low-Enriched Uranium Fuel (1.A.(1)(b))..........................               3       70 (34.5)       26 (14.6)
Limited Operations (1.A.(2)(a)).................................               1         2 (1.0)         7 (3.9)
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))............               1         3 (1.5)        15 (8.4)
Hot Cell (1.A.(2)(c))...........................................               1         6 (3.0)         3 (1.7)
Uranium Enrichment (1.E.).......................................               1       21 (10.3)       23 (12.9)
UF6 Conversion and Deconversion (2.A.(1)).......................               1        12 (5.9)         7 (3.9)
----------------------------------------------------------------------------------------------------------------

    For FY 2015, the total budgeted resources for safety activities are 
$19.8 million, excluding the fee-relief adjustment and the 
reclassification adjustment. This amount is allocated to each fee 
category based on its percent of the total regulatory effort for safety 
activities. For example, if the total effort factor for safety 
activities for all fuel facilities is 100, and the total effort factor 
for safety activities for a given fee category is 10, that fee category 
will be allocated 10 percent of the total budgeted resources for safety 
activities. Similarly, the budgeted resources amount of $17.4 million 
for safeguards activities is allocated to each fee category based on 
its percent of the total regulatory effort for safeguards activities. 
The fuel facility fee class' portion of the fee-relief adjustment, $1.4 
million, is allocated to each fee category based on its percent of the 
total regulatory effort for both safety and

[[Page 15483]]

safeguards activities. The annual fee per licensee is then calculated 
by dividing the total allocated budgeted resources for the fee category 
by the number of licensees in that fee category. The fee (rounded) for 
each facility is summarized in Table VIII.

               Table VIII--Annual Fees for Fuel Facilities
------------------------------------------------------------------------
                                                                FY 2015
                Facility type  (fee category)                  Proposed
                                                              annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a)).....................  $9,424,000
Low-Enriched Uranium Fuel (1.A.(1)(b))......................   3,243,000
Limited Operations (1.A(2)(a))..............................     912,000
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))........   1,824,000
Hot Cell (and others) (1.A.(2)(c))..........................     912,000
Uranium Enrichment (1.E.)...................................   4,459,000
UF6 Conversion and Deconversion (2.A.(1))...................   1,925,000
------------------------------------------------------------------------

b. Uranium Recovery Facilities
    The total FY 2015 budgeted costs to be recovered through annual 
fees assessed to the uranium recovery class (which includes licensees 
in fee categories 2.A.(2)(a), 2.A.(2)(b), 2.A.(2)(c), 2.A.(2)(d), 
2.A.(2)(e), 2.A.(3), 2.A.(4), 2.A.(5), and 18.B. under Sec.  171.16) 
are approximately $1.2 million. The derivation of this value is shown 
in Table IX, with FY 2014 values shown for comparison purposes.

     Table IX--Annual Fee Summary Calculations for Uranium Recovery
                               Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2015
        Summary fee calculations           FY 2014 Final     Proposed
------------------------------------------------------------------------
Total budgeted resources................           $10.9           $11.6
Less estimated 10 CFR part 170 receipts.            -9.5           -10.1
Net 10 CFR part 171 resources...........             1.3             1.5
Allocated generic transportation........             N/A             N/A
Fee-relief adjustment...................            -0.0            -0.2
Billing adjustments.....................            -0.1            -0.1
                                         -------------------------------
    Total required annual fee recovery..             1.2             1.2
------------------------------------------------------------------------

    In comparison to FY 2014, the proposed FY 2015 budgetary resources 
for uranium recovery licensees increased due to greater resources 
required for environmental reviews of uranium mining applications and 
tribal consultations with uranium recovery licensing actions. 
Specifically, staff worked to expedite environmental reviews for 
uranium mining applications by improving the National Historic 
Preservation Act Section 106 Tribal Consultation process to accelerate 
NRC consideration of uranium mining applications.
    Since FY 2002, the NRC has computed the annual fee for the uranium 
recovery fee class by allocating the total annual fee amount for this 
fee class between the DOE and the other licensees in this fee class. 
The NRC regulates DOE's Title I and Title II activities under the 
Uranium Mill Tailings Radiation Control Act (UMTRCA). The Congress 
established the two programs, Title I and Title II, under UMTRCA to 
protect the public and the environment from uranium milling. The UMTRCA 
Title I program is for remedial action at abandoned mill tailings sites 
where tailings resulted largely from production of uranium for the 
weapons program. The NRC also regulates DOE's UMTRCA Title II program, 
which is directed toward uranium mill sites licensed by the NRC or 
Agreement States in or after 1978.
    In FY 2015, the annual fee assessed to DOE includes recovery of the 
costs specifically budgeted for the NRC's UMTRCA Title I and II 
activities, plus 10 percent of the remaining annual fee amount, 
including generic/other costs (minus 10 percent of the fee-relief 
adjustment), for the uranium recovery class. The NRC assesses the 
remaining 90 percent generic/other costs minus 90 percent of the fee-
relief adjustment, to the other NRC licensees in this fee class that 
are subject to annual fees.
    The costs to be recovered through annual fees assessed to the 
uranium recovery class are shown in Table X.

Table X--Costs Recovered Through Annual Fees; Uranium Recovery Fee Class
------------------------------------------------------------------------
                                                              FY 2015
                    Summary of costs                         Proposed
                                                            annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I and Title II)             $593,233
 General Licenses:......................................
    UMTRCA Title I and Title II budgeted costs less 10
     CFR part 170 receipts..............................
    10 percent of generic/other uranium recovery                  78,076
     budgeted costs.....................................
    10 percent of uranium recovery fee-relief adjustment         -17,954
                                                         ---------------
        Total Annual Fee Amount for DOE (rounded).......         653,000
Annual Fee Amount for Other Uranium Recovery Licenses:..         702,680
    90 percent of generic/other uranium recovery
     budgeted costs less the amounts specifically
     budgeted for Title I and Title II activities.......
    90 percent of uranium recovery fee-relief adjustment        -161,582
                                                         ---------------
        Total Annual Fee Amount for Other Uranium                541,098
         Recovery Licenses..............................
------------------------------------------------------------------------


[[Page 15484]]

    The NRC will continue to use a matrix, which is included in the 
work papers, to determine the level of effort associated with 
conducting the generic regulatory actions for the different (non-DOE) 
licensees in this fee class. The weights derived in this matrix are 
used to allocate the approximately $541,098 annual fee amount to these 
licensees. The use of this uranium recovery annual fee matrix was 
established in the FY 1995 final fee rule (60 FR 32217; June 20, 1995). 
The FY 2015 matrix is described as follows.
    First, the methodology identifies the categories of licenses 
included in this fee class (besides DOE). These categories are: 
Conventional uranium mills and heap leach facilities; uranium In Situ 
Recovery (ISR) and resin ISR facilities, and mill tailings disposal 
facilities, as defined in Section 11e.(2) of the AEA (11e.(2) disposal 
facilities); and uranium water treatment facilities.
    Second, the matrix identifies the types of operating activities 
that support and benefit these licensees. The activities related to 
generic decommissioning/reclamation are not included in the matrix 
because they are included in the fee-relief activities. Therefore, they 
are not a factor in determining annual fees. The activities included in 
the matrix are operations, waste operations, and groundwater 
protection. The relative weight of each type of activity is then 
determined, based on the regulatory resources associated with each 
activity. The operations, waste operations, and groundwater protection 
activities have weights of 0, 5, and 10, respectively, in the matrix.
    Each year, the NRC determines the level of benefit to each licensee 
for generic uranium recovery program activities for each type of 
generic activity in the matrix. This is done by assigning, for each fee 
category, separate benefit factors for each type of regulatory activity 
in the matrix. Benefit factors are assigned on a scale of 0 to 10 as 
follows: 0 (no regulatory benefit), 5 (moderate regulatory benefit), 
and 10 (high regulatory benefit). These benefit factors are first 
multiplied by the relative weight assigned to each activity (described 
previously). The NRC then calculates total and per licensee benefit 
factors for each fee category. Therefore, these benefit factors reflect 
the relative regulatory benefit associated with each licensee and fee 
category.
    Table XI displays the benefit factors per licensee and per fee 
category, for each of the non-DOE fee categories included in the 
uranium recovery fee class as follows:

                             Table XI--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
                                                     Number of    Benefit factor                  Benefit factor
                  Fee category                       licensees     per licensee     Total value    percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..               1             150             150               9
Basic In Situ Recovery facilities (2.A.(2)(b))..               8             190           1,520              76
Expanded In Situ Recovery facilities                           1             215             215              11
 (2.A.(2)(c))...................................
11e.(2) disposal incidental to existing tailings               1              85              85               4
 sites (2.A.(4))................................
Uranium water treatment (2.A.(5))...............               1              25              25               1
                                                 ---------------------------------------------------------------
    Total.......................................              12             665           1,995             100
----------------------------------------------------------------------------------------------------------------

    Applying these factors to the approximately $541,098 in budgeted 
costs to be recovered from non-DOE uranium recovery licensees results 
in the total annual fees for each fee category. The annual fee per 
licensee is calculated by dividing the total allocated budgeted 
resources for the fee category by the number of licensees in that fee 
category, as summarized in Table XII.

          Table XII--Annual Fees for Uranium Recovery Licensees
                            [Other than DOE]
------------------------------------------------------------------------
                                                                FY 2015
                Facility type (fee category)                   proposed
                                                              annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))..............     $40,700
Basic In Situ Recovery facilities (2.A.(2)(b))..............      51,500
Expanded In Situ Recovery facilities (2.A.(2)(c))...........      58,300
11e.(2) disposal incidental to existing tailings sites            23,100
 (2.A.(4))..................................................
Uranium water treatment (2.A.(5))...........................       6,800
------------------------------------------------------------------------

c. Operating Power Reactors
    The total budgeted costs to be recovered from the power reactor fee 
class in FY 2015 in the form of annual fees is $503.6 million, as shown 
in Table XIII. The FY 2014 values are shown for comparison. (Individual 
values may not sum to totals due to rounding.)

Table XIII--Annual Fee Summary Calculations for Operating Power Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2015
        Summary fee calculations           FY 2014 Final     Proposed
------------------------------------------------------------------------
Total budgeted resources................          $799.3          $809.5
Less estimated 10 CFR part 170 receipts.          -290.9          -288.5
                                         -------------------------------
    Net 10 CFR part 171 resources.......           508.4           521.0
Allocated generic transportation........             1.1             1.7
Fee-relief adjustment/LLW surcharge.....             0.6           -11.3

[[Page 15485]]

 
Billing adjustment......................           -10.2            -7.8
                                         -------------------------------
    Total required annual fee recovery..           499.9           503.6
------------------------------------------------------------------------

    The operating power reactor annual fee increase is partially the 
result of a slight rise in budgetary resources in the FY 2015 
President's budget, partially the result of a $2 million 10 CFR part 
170 reduction in estimated billings, and partially the result of the 
December 2014 shutdown of Vermont Yankee. The permanent shutdown of the 
Vermont Yankee reactor decreases the fleet of operating reactors, which 
subsequently increases the annual fees for the rest of the fleet. As 
noted earlier, when the final fee rule incorporates the reduction 
included in the FY 2015 appropriations, this operating power reactor 
annual fee will decrease.
    The budgeted costs to be recovered through annual fees to power 
reactors are divided equally among the 99 power reactors licensed to 
operate, resulting in an FY 2015 annual fee of $5,087,000 per reactor. 
Additionally, each power reactor licensed to operate would be assessed 
the FY 2015 spent fuel storage/reactor decommissioning annual fee of 
$237,000. The total FY 2015 annual fee is $5,324,000 for each power 
reactor licensed to operate. The annual fees for power reactors are 
presented in Sec.  171.15.
d. Spent Fuel Storage/Reactors in Decommissioning
    For FY 2015, budgeted costs of $28.9 million for spent fuel 
storage/reactor decommissioning would be recovered through annual fees 
assessed to 10 CFR part 50 power reactors and to 10 CFR part 72 
licensees who do not hold a 10 CFR part 50 license. Those reactor 
licensees that have ceased operations and have no fuel onsite would not 
be subject to these annual fees.
    The increased annual fee is due to an increase in budgetary 
resources for rulemaking, a decrease in 10 CFR part 170 billings, and a 
decrease in the number of licensees. Staff has dedicated significant 
time working on improvements to 10 CFR part 71 to ensure compatibility 
with International Atomic Energy Agency (IAEA) transportation and 
storage standards--this generic rulemaking activity must be recovered 
through 10 CFR part 171 fees. Furthermore, the estimated 10 CFR part 
170 fees decreased because staff finalized major reviews in 2014. Table 
XIV shows the calculation of this annual fee amount. The FY 2014 values 
are shown for comparison. (Individual values may not sum to totals due 
to rounding.)

 Table XIV--Annual Fee Summary Calculations for the Spent Fuel Storage/
                  Reactor in Decommissioning Fee Class
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2015
        Summary fee calculations          FY 2014  Final     Proposed
------------------------------------------------------------------------
Total budgeted resources................           $32.7           $33.4
Less estimated 10 CFR part 170 receipts.            -5.4            -4.6
                                         -------------------------------
    Net 10 CFR part 171 resources.......            27.3            28.8
Allocated generic transportation........             0.6             1.0
Fee-relief adjustment...................             0.0            -0.5
Billing adjustments.....................            -0.4            -0.3
                                         -------------------------------
        Total required annual fee                   27.5            28.9
         recovery.......................
------------------------------------------------------------------------

    The required annual fee recovery amount is divided equally among 
122 licensees, resulting in an FY 2015 annual fee of $237,000 per 
licensee.
e. Research and Test Reactors (Non-Power Reactors)
    Approximately $350,000 in budgeted costs would be recovered through 
annual fees assessed to the research and test reactor class of licenses 
for FY 2015. Table XV summarizes the annual fee calculation for the 
research and test reactors for FY 2015. The FY 2014 values are shown 
for comparison. (Individual values may not sum to totals due to 
rounding.)

Table XV--Annual Fee Summary Calculations for Research and Test Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2015
        Summary fee calculations          FY 2014  Final     Proposed
------------------------------------------------------------------------
Total budgeted resources................           $2.63           $2.57
Less estimated 10 CFR part 170 receipts.           -2.28           -2.18
                                         -------------------------------
    Net 10 CFR part 171 resources.......            0.35            0.39
Allocated generic transportation........            0.03            0.03

[[Page 15486]]

 
Fee-relief adjustment...................           -0.01           -0.05
Billing adjustments.....................           -0.03           -0.02
                                         -------------------------------
        Total required annual fee                   0.34            0.35
         recovery.......................
------------------------------------------------------------------------

    The increased annual fee results from the decline in 10 CFR part 
170 billings following the completion of licensing actions associated 
with the Aerotest Radiography and Research Reactor. The resources 
required for this project are now allocated elsewhere, as these 
licensing decisions have been challenged and are currently the subject 
of litigation before the Commission.
    The required annual fee recovery amount is divided equally among 
the four research and test reactors subject to annual fees and results 
in an FY 2015 annual fee of $88,500 for each licensee.
f. Rare Earth Facilities
    The agency is establishing an annual fee in the FY 2015 fee rule 
for an anticipated rare earth facility that is currently expected to be 
operational in 2016. No fees are currently expected to be charged in 
this category in FY 2015; establishing this fee now is intended to 
promote regulatory predictability and stability for potential licensees 
in this category. The annual fee for rare earth facilities will be 
$83,800. Table XVI shows the calculation of the FY 2015 annual fee 
amount for rare earth facilities.

  Table XVI--Annual Fee Summary Calculations for Rare Earth Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
                                                                FY 2015
                  Summary fee calculations                     Proposed
------------------------------------------------------------------------
Total budgeted resources....................................       $0.24
Less estimated 10 CFR part 170 receipts.....................       -0.15
                                                             -----------
  Net 10 CFR part 171 resources.............................        0.09
Allocated generic transportation............................        0.00
Fee-relief adjustment.......................................       -0.00
Billing adjustments.........................................       -0.00
                                                             -----------
      Total required annual fee recovery....................        0.08
------------------------------------------------------------------------

g. Materials Users
    For FY 2015, budget costs of $36.8 million for materials users 
would be recovered through annual fees assessed to 10 CFR parts 30, 40, 
and 70 licensees. Table XVII shows the calculation of the FY 2015 
annual fee amount for materials users licensees. The FY 2014 values are 
shown for comparison. Note the following fee categories under Sec.  
171.16 are included in this fee class: 1.C., 1.D., 1.F., 2.B., 2.C. 
through 2.F., 3.A. through 3.S., 4.A. through 4.C., 5.A., 5.B., 6.A., 
7.A. through 7.C., 8.A., 9.A. through 9.D., and 17. (Individual values 
may not sum to totals due to rounding.)

     Table XVII--Annual Fee Summary Calculations for Materials Users
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2015
        Summary fee calculations          FY 2014  Final     Proposed
------------------------------------------------------------------------
Total budgeted resources................           $32.8           $35.8
Less estimated 10 CFR part 170 receipts.           -$0.9           -$1.0
                                         -------------------------------
    Net 10 CFR part 171 resources.......            31.9            34.8
Allocated generic transportation........             1.3             2.2
Fee-relief adjustment/LLW surcharge.....             0.2             0.1
Billing adjustments.....................            -0.3            -0.3
                                         -------------------------------
        Total required annual fee                   33.1            36.8
         recovery.......................
------------------------------------------------------------------------

    To equitably and fairly allocate the $36.8 million in FY 2015 
budgeted costs to be recovered in annual fees assessed to the 
approximately 3,000 diverse materials users licensees, the NRC would 
continue to base the annual fees for each fee category within this 
class on the 10 CFR part 170 application fees and estimated inspection 
costs for each fee category. Because the application fees and 
inspection costs are indicative of the complexity of the license, this 
approach would continue to provide a proxy for allocating the generic 
and other regulatory costs to the diverse categories of licenses based 
on the NRC's cost to regulate each category. This fee calculation would 
also continue to consider the inspection frequency (priority), which is 
indicative of the safety risk and resulting regulatory costs associated 
with the categories of licenses.
    The annual fee for these categories of materials users' licenses is 
developed as follows: Annual fee = Constant x [Application Fee + 
(Average Inspection Cost/Inspection Priority)] + Inspection Multiplier 
x (Average Inspection Cost/Inspection Priority) + Unique Category 
Costs.
    The constant the multiplier necessary to recover approximately 
$26.5 million in general costs (including allocated generic 
transportation costs) is 1.49 for FY 2015. The average inspection cost 
is the average inspection hours for each fee category multiplied by the 
hourly rate of $277. The inspection priority is the interval between 
routine inspections, expressed in years. The inspection multiplier is 
the multiple

[[Page 15487]]

necessary to recover approximately $9.2 million in inspection costs, 
and is 1.73 for FY 2015. The unique category costs are any special 
costs that the NRC has budgeted for a specific category of licenses. 
For FY 2015, approximately $243,000 in budgeted costs for the 
implementation of revised 10 CFR part 35, ``Medical Use of Byproduct 
Material (unique costs),'' has been allocated to holders of NRC human-
use licenses.
    The annual fee to be assessed to each licensee also includes a 
share of the fee-relief assessment of approximately $448,000 allocated 
to the materials users fee class (see Table IV, ``Allocation of Fee-
Relief Adjustment and LLW Surcharge, FY 2015,'' in Section II, 
``Discussion,'' of this document), and for certain categories of these 
licensees, a share of the approximately $560,000 surcharge costs 
allocated to the fee class. The annual fee for each fee category is 
shown in Sec.  171.16(d).
h. Transportation
    Table XVIII shows the calculation of the FY 2015 generic 
transportation budgeted resources to be recovered through annual fees. 
The FY 2014 values are shown for comparison. (Individual values may not 
sum to totals due to rounding.)

     Table XVIII--Annual Fee Summary Calculations for Transportation
                          [Dollars in millions]
------------------------------------------------------------------------
                                                              FY 2015
        Summary fee calculations          FY 2014  Final     Proposed
------------------------------------------------------------------------
Total Budgeted Resources................            $8.0           $10.3
Less Estimated 10 CFR Part 170 Receipts.            -3.1            -3.0
Net 10 CFR Part 171 Resources...........             4.9             7.3
------------------------------------------------------------------------

    The NRC must approve any package used for shipping nuclear material 
before shipment. If the package meets NRC requirements, the NRC issues 
a Radioactive Material Package Certificate of Compliance (CoC) to the 
organization requesting approval of a package. Organizations are 
authorized to ship radioactive material in a package approved for use 
under the general licensing provisions of 10 CFR part 71, ``Packaging 
and Transportation of Radioactive Material.'' The resources associated 
with generic transportation activities are distributed to the license 
fee classes based on the number of CoCs benefitting (used by) that fee 
class, as a proxy for the generic transportation resources expended for 
each fee class.
    The total FY 2015 budgetary resources for generic transportation 
activities, including those to support DOE CoCs, are $7.35 million. The 
overall increase is due to rulemaking activities involving 10 CFR part 
71 Compatibility with IAEA Transportation Standards & Improvements and 
the increased activities from the development of the Continued Storage 
Rule and associated Generic Environmental Impact Statement.
    Generic transportation resources associated with fee-exempt 
entities are not included in this total. These costs are included in 
the appropriate fee-relief category (e.g., the fee-relief category for 
nonprofit educational institutions).
    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30721; May 30, 2006), the NRC would recover generic 
transportation costs unrelated to DOE as part of existing annual fees 
for license fee classes. The NRC would continue to assess a separate 
annual fee under Sec.  171.16, fee category 18.A., for DOE 
transportation activities. The amount of the allocated generic 
resources is calculated by multiplying the percentage of total CoCs 
used by each fee class (and DOE) by the total generic transportation 
resources to be recovered.
    The distribution of these resources to the license fee classes and 
DOE is shown in Table XIX. The distribution is adjusted to account for 
the licensees in each fee class that are fee-exempt. For example, if 
four CoCs benefit the entire research and test reactor class, but only 
4 of 31 research and test reactors are subject to annual fees, the 
number of CoCs used to determine the proportion of generic 
transportation resources allocated to research and test reactor annual 
fees equals (4/31) x 4, or 0.5 CoCs.

                      Table XIX--Distribution of Generic Transportation Resources, FY 2015
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                                Number of CoCs                      Allocated
                                                                   benefiting    Percentage of       generic
                     License fee class/DOE                       fee class  or    total CoCs     transportation
                                                                      DOE                           resources
----------------------------------------------------------------------------------------------------------------
Total.........................................................            90.4           100.0              7.35
DOE...........................................................            20.0            22.1              1.63
Operating Power Reactors......................................            21.0            23.2              1.71
Spent Fuel Storage/Reactor Decommissioning....................            12.0            13.3              0.98
Research and Test Reactors....................................             0.4             0.4              0.03
Fuel Facilities...............................................            10.0            11.1              0.81
Materials Users...............................................            27.0            29.9              2.20
----------------------------------------------------------------------------------------------------------------

    The NRC assesses an annual fee to DOE based on the 10 CFR part 71 
CoCs it holds and does not allocate these DOE-related resources to 
other licensees' annual fees, because these resources specifically 
support DOE. Note that DOE's annual fee includes a reduction for the 
fee-relief surplus adjustment (see Table IV, ``Allocation of Fee-Relief 
Adjustment and LLW Surcharge, FY 2015,'' in Section II, ``Discussion,'' 
of this document), resulting in a total annual fee of $1,511,000 
million for FY 2015. The overall increase is due to rulemaking 
activities involving 10 CFR part 71 Compatibility with IAEA 
Transportation Standards & Improvements. This

[[Page 15488]]

rulemaking is essential for 10 CFR part 71 updates and compliance.

Administrative Changes

    The NRC is proposing the following 12 administrative changes:
    1. Increase Direct Hours per Full-Time Equivalent in the Hourly 
Rate Calculation. The hourly rate in 10 CFR part 170 is calculated by 
dividing the cost per direct FTE by the number of direct hours per 
direct FTE in a year. ``Direct hours'' are hours charged to mission 
direct activities in the Nuclear Reactor Safety Program and Nuclear 
Reactor Materials and Waste Program. The FY 2014 final fee rule used 
1,375 hours per direct FTE in the hourly rate calculations. The NRC 
staff reviewed and analyzed time and labor data for FY 2010 through FY 
2012 to determine if it should revise the direct hours per FTE for the 
FY 2015 budget formulation. Between FY 2010 and FY 2012, total direct 
hours charged by direct employees increased. The increase in direct 
hours was apparent in all mission business lines. To reflect this 
increase in productivity as demonstrated by the time and labor data, 
the staff determined that the number of direct hours per FTE should 
increase to 1,420 hours for FY 2015. The staff used 1,420 hours in the 
FY 2015 budget formulation cycle.
    2. Add New Definition for ``Overhead and General and Administrative 
Costs'' under 10 CFR 170.3, ``Definitions.'' The NRC proposes to add a 
new definition to describe overhead and general and administrative 
costs that are included in full cost charges relating to hours charged 
by resident inspectors and project managers to licensees. The identical 
definition is also proposed under 10 CFR 171.5, ``Definitions.''
    3. Revise Definition for ``Utilization Facility'' under 10 CFR 
170.3, ``Definitions.'' The NRC proposes to revise the definition for 
``utilization facility'' to reflect the definition contained in the 
direct final rule, ``Definition of a Utilization Facility,'' published 
October 17, 2014 (79 FR 62329) and effective December 31, 2014. The 
proposed definition would allow the NRC to add SHINE Medical 
Technologies, Inc.'s proposed accelerator-driven subcritical operating 
assemblies to the NRC's definition of a ``utilization facility.''
    4. Revise the Assessment of Administrative Time for Project 
Managers and Resident Inspectors. The NRC staff has examined the 
charging of overhead time for project managers and resident inspectors 
under 10 CFR part 170. The current practice evenly distributes overhead 
time charges among the sites assigned to the individual. The NRC staff 
believes this method of distribution does not consider that some 
licensees generate more direct work than others. The NRC, therefore, 
proposes to allocate overhead costs to each licensee based on direct 
time to each docket. This method ensures that a licensee's overhead 
costs are proportional to the regulatory services rendered by the NRC. 
This method aligns with the NRC's longstanding fee policy that fees 
assessed to licensees should, to the maximum extent practicable, 
reflect the actual costs of NRC regulatory services, and does not 
penalize licensees who require fewer regulatory services.
    5. Add Fee Subcategories to 10 CFR 170.31 to Reflect a License with 
Multiple Sites. The staff proposes to add fee subcategories to 3.L. 
licenses (broad scope) under 10 CFR 170.31 to assess additional fees to 
licensees such as the United States Department of Agriculture and the 
Department of the Army, in order to accurately reflect the cost of 
services provided by the NRC. The staff spends a disproportionate 
amount of time on these licensees as compared to other licensees in the 
same fee category. These two broad scope licenses also have a 
considerable number of sites throughout the country and operate in a 
manner similar to master materials licenses under fee category 17. In 
FY 2014, the staff compared the work efforts expended by the NRC for 
master materials licenses with multiple sites to NRC work efforts for 
broad scope licenses with multiple sites. The staff concluded that NRC 
work efforts for multi-site broad scope licensees are similar to work 
efforts for master materials licensees. Therefore, consistent with NRC 
policy that fees assessed to licensees accurately reflect the cost of 
services provided, the NRC proposes to revise its fee categories to 
consider the number of sites a broad scope licensee has in establishing 
fees. An identical change is also proposed to 10 CFR 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.''
    6. Modify 10 CFR 170.31, Footnote 6, to Avoid Duplicate Billing. 
The NRC proposes to revise footnote 6 to 10 CFR 170.31, ``Schedule of 
Fees for Materials Licenses and Other Regulatory Services, Including 
Inspections, and Import and Export Licenses,'' to avoid duplicate 
billing for fuel cycle facility licensees. The NRC currently charges a 
single annual fee to fuel cycle facility licensees for major 
activities. These licensees are not charged additional annual fees for 
ancillary activities. An identical change is also proposed under 10 CFR 
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.''
    7. Correct Definition for ``Overhead and General and Administrative 
Costs'' under 10 CFR 171.5, ``Definitions.'' The NRC proposes to 
correct the definition for ``Overhead and General and Administrative 
Costs'' to reflect the FY 2008 merger of the Advisory Committee on 
Nuclear Waste with the Advisory Committee on Reactor Safeguards.
    8. Revise Fees to Reflect Biennial Review of Fees. To comply with 
the Chief Financial Officers Act of 1990, the NRC evaluates, on a 
biennial basis, the historical professional staff hours used to process 
a new license application. The NRC also evaluates the inspection time 
by reviewing hours spent by NRC staff on those materials users' fee 
categories that are subject to flat application fees. This review also 
includes new license and amendment applications for import and export 
licenses. Changes resulting from this biennial review impact 10 CFR 
part 170 flat fees for the small materials users and import and export 
licensees.
    Two program offices, the Office of Nuclear Material Safety and 
Safeguards (NMSS) and the Office of International Programs (OIP), have 
completed their biennial review to the CFO regarding the FY 2015 fees. 
The NMSS recommended changes to the professional staff hours for most 
of the small materials users. The OIP also recommended changes to the 
hours for some import and export license fee categories.
    Cumulatively, the FY 2015 biennial review resulted in increased 
professional staff hours within 11 fee categories and decreased 
professional staff hours within 11 fee categories. The changes in the 
number of hours and the hourly rate are components that will be used to 
determine the 10 CFR part 170 fees for the materials user's licenses as 
well as import and export applications.
    9. Change Small Entity Fees. In accordance with NRC policy, the 
staff conducted a biennial review of small entity fees to determine if 
the fees should be changed. The small entity fees primarily impact the 
NRC's small materials licensees. In FY 2015, the staff performed a 
biennial review using the fee methodology developed in FY 2009 that 
applies a fixed percentage of 39 percent to the prior 2-year weighted

[[Page 15489]]

average of materials users' fees. As a result, the upper tier small 
entity fee increased from $2,800 to $4,000 and the lower-tier fee 
increased from $600 to $900. This constitutes a 43 percent and 50 
percent increase, respectively. Implementing this increase would have a 
disproportionate impact upon the NRC's small licensees compared to 
other licensees. Therefore, the NRC staff revised the increase to 21 
percent for the upper-tier fee. The 21 percent increase was applied 
based on historical trends in the small entity fee and has been used in 
previous biennial reviews. The NRC staff is amending the upper-tier 
small entity fee to $3,400 and amending the lower-tier small entity fee 
to $700 for FY 2015. The staff believes these fees are reasonable and 
provide relief to small entities while at the same time recovering from 
those licensees some of the NRC's costs for activities that benefit 
them.
    10. Increase the NRC's Small Business Lower-Tier Receipts-Based 
Threshold. The NRC staff proposes to increase the lower-tier receipts-
based threshold from $485,000 to $520,000. This change would reflect 
approximately the same percentage adjustment as the NRC's upper-tier 
receipts-based standard adjustment from $7 million to $7.5 million and 
is consistent with the Small Business Administration's interim final 
rule, ``Small Business Size Standards: Inflation Adjustment to Monetary 
Based Size Standards,'' published in the Federal Register on June 12, 
2014 (79 FR 33647) and effective July 14, 2014.
    11. Add Fee Subcategories to 10 CFR Part 171 to Reflect a License 
with Multiple Sites. The NRC proposes to add fee subcategories to 3.L. 
licenses (broad scope) under 10 CFR 171.16 to assess additional fees to 
licensees such as the United States Department of Agriculture and the 
Department of the Army, in order to accurately reflect the cost of 
services provided by the NRC. The staff spends a disproportionate 
amount of time on these licensees as compared to other licensees in the 
same fee category. These two broad scope licenses also have a 
considerable number of sites throughout the country and operate in a 
manner similar to master materials licenses under fee category 17. In 
FY 2014, the staff compared the work efforts expended by the NRC for 
master materials licenses with multiple sites to NRC work efforts for 
broad scope licenses with multiple sites. The staff concluded that NRC 
work efforts for multi-site broad scope licensees are similar to work 
efforts for master materials licensees. Therefore, consistent with NRC 
policy that fees assessed to licensees accurately reflect the cost of 
services provided, the NRC proposes to revise its fee categories to 
consider the number of sites a broad scope licensee has in establishing 
fees.
    12. Modify 10 CFR 171.16, Footnote 16, to Avoid Duplicate Billing. 
The NRC proposes to revise the footnote description under 10 CFR 
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,'' to avoid duplicate billing for fuel cycle 
facility licensees. The NRC's current policy charges a single large 
annual fee to fuel cycle facility licensees for major activities. These 
licensees are not charged additional annual fees for ancillary 
activities.

FY 2015 Billing

    The FY 2015 fee rule will be a major rule as defined by the 
Congressional Review Act of 1996 (5 U.S.C. 801-808). Therefore, the 
NRC's fee schedules for FY 2015 will become effective 60 days after 
publication of the final rule in the Federal Register. Upon publication 
of the final rule, the NRC will send an invoice for the amount of the 
annual fees to reactor licensees, 10 CFR part 72 licensees, major fuel 
cycle facilities, and other licensees with annual fees of $100,000 or 
more. For these licensees, payment is due 30 days after the effective 
date of the FY 2015 final rule. Because these licensees are billed 
quarterly, the payment amount due is the total FY 2015 annual fee less 
payments made in the first three quarters of the fiscal year.
    Materials licensees with annual fees of less than $100,000 are 
billed annually. Those materials licensees whose license anniversary 
date during FY 2015 falls before the effective date of the FY 2015 
final rule will be billed for the annual fee during the anniversary 
month of the license at the FY 2014 annual fee rate. Those materials 
licensees whose license anniversary date falls on or after the 
effective date of the FY 2015 final rule will be billed for the annual 
fee at the FY 2015 annual fee rate during the anniversary month of the 
license, and payment will be due on the date of the invoice.

IV. Section-by-Section Analysis

    The following paragraphs describe the specific amendments proposed 
by this rulemaking.

10 CFR 170.3, Definitions

    The NRC proposes to add a new definition of ``Overhead and General 
and Administrative Costs'' and revise the definition for ``Utilization 
facility.''

10 CFR 170.20, Average Cost per Professional Staff-Hour

    The NRC proposes to revise this section to reflect the hourly rate 
for FY 2015.

10 CFR 170.21, Schedule of Fees for Production or Utilization 
Facilities, Review of Standard Referenced Design Approvals, Special 
Projects, Inspections, and Import and Export Licenses

    The NRC proposes to revise fees for fee category code K. to reflect 
the FY 2015 proposed hourly rate for flat fee applications.

10 CFR 170.31, Schedule of Fees for Materials Licenses and Other 
Regulatory Services, Including Inspections, and Import and Export 
Licenses

    The NRC proposes to add subcategories to fee category 3.L. licenses 
(broad scope) to assess additional fees to licensees such as the United 
States Department of Agriculture and the Department of the Army, in 
order to accurately reflect the cost of services provided by the NRC. 
The NRC also proposes to revise footnote 6 to avoid duplicate billing 
for fuel cycle facility licensees.

10 CFR 171.5, Definitions

    The NRC proposes to correct the definition for ``Overhead and 
General and Administrative Costs'' to reflect the FY 2008 merger of the 
Advisory Committee on Nuclear Waste with the Advisory Committee on 
Reactor Safeguards.

10 CFR 171.15, Annual Fees: Reactor Licenses and Independent Fuel 
Storage Licenses

    The NRC proposes to revise paragraph (b)(1) to reflect the required 
FY 2015 annual fee to be collected from each operating power reactor by 
September 30, 2015. The NRC proposes to revise the introductory text of 
paragraph (b)(2) to reflect FY 2015 in reference to annual fees and 
fee-relief adjustment. The NRC proposes to revise paragraph (c)(1) and 
the introductory text of paragraph (c)(2) to reflect the FY 2015 spent 
fuel storage/reactor decommissioning and spent fuel storage annual fee 
for 10 CFR part 50 licenses and 10 CFR part 72 licensees who do not 
hold a 10 CFR part 50 license, and the FY 2015 fee-relief adjustment. 
The NRC proposes to revise the introductory text of paragraph (d)(1) 
and paragraphs (d)(2) and (d)(3) to reflect the FY 2015 fee-relief 
adjustment for the operating reactor power class of

[[Page 15490]]

licenses, the number of operating power reactors, and the FY 2015 fee-
relief adjustment for spent fuel storage reactor decommissioning class 
of licenses. The NRC proposes to revise paragraph (e) to reflect the FY 
2015 annual fees for research reactors and test reactors.

10 CFR 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

    The NRC proposes to revise paragraphs (d) and (e) to reflect FY 
2015 annual fees and the FY 2015 fee-relief adjustment. The NRC also 
proposes to add subcategories to fee category 3.L. licenses (broad 
scope) to assess additional fees to licensees such as the Department of 
Agriculture and the Department of the Army, in order to accurately 
reflect the cost of services provided by the NRC. The NRC also proposes 
to revise footnote 6 to avoid duplicate billing for fuel cycle facility 
licensees.

V. Regulatory Flexibility Certification

    Section 604 of the Regulatory Flexibility Act requires agencies to 
perform an analysis that considers the impact of a rulemaking on small 
entities. The NRC's regulatory flexibility analysis for this proposed 
rule is available as indicated in Section XIII, Availability of 
Documents, of this document, and a summary is provided in the following 
paragraphs.
    The NRC is required by the OBRA-90, as amended, to recover 
approximately 90 percent of its FY 2015 budget authority through the 
assessment of user fees. The OBRA-90 further requires that the NRC 
establish a schedule of charges that fairly and equitably allocates the 
aggregate amount of these charges among licensees.
    The FY 2015 proposed rule establishes the schedules of fees 
necessary for the NRC to recover 90 percent of its budget authority for 
FY 2015. The proposed rule estimates some increases in annual fees 
charged to certain licensees and holders of certificates, 
registrations, and approvals, and in decreases in those annual fees 
charged to others. Licensees affected by these proposed estimates 
include those who qualify as small entities under the NRC's size 
standards in Sec.  2.810.
    The NRC prepared a FY 2015 biennial regulatory analysis in 
accordance with the FY 2001 final rule (66 FR 32467; June 14, 2001). 
This rule also stated the small entity fees will be reexamined every 2 
years and in the same years the NRC conducts the biennial review of 
fees as required by the Office of Chief Financial Officer Act.
    For this proposed rule, small entity fees would increase to $3,400 
for the maximum upper-tier small entity fee and increase to $700 for 
the lower-tier small entity as result of the biennial review which 
factored in the number of increased hours for application reviews and 
inspections in the fee calculations. The next small entity biennial 
review is scheduled for FY 2017.
    Additionally, 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, has prepared the ``Small Entity Compliance Guide,'' which is 
available as indicated in Section XIII, Availability of Documents, of 
this document.

VI. Regulatory Analysis

    Under OBRA-90, as amended, and the AEA, the NRC is required to 
recover 90 percent of its budget authority, or total appropriations of 
$1,059.5 million, in FY 2015. The NRC established fee methodology 
guidelines for 10 CFR part 170 in 1978, and more fee methodology 
guidelines through the establishment of 10 CFR part 171 in 1986. In 
subsequent rulemakings, the NRC has adjusted its fees without changing 
the underlying principles of its fee policy in order to ensure that the 
NRC continues to comply with the statutory requirements for cost 
recovery in OBRA-90 and the AEA.
    In this rulemaking, the NRC continues this long-standing approach. 
Therefore, the NRC did not identify any alternatives to the current fee 
structure guidelines and did not prepare a regulatory analysis for this 
rulemaking.

VII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this proposed rule and that a backfit analysis is not 
required. A backfit analysis is not required because these amendments 
do not require the modification of, or addition to, systems, 
structures, components, or the design of a facility, or the design 
approval or manufacturing license for a facility, or the procedures or 
organization required to design, construct, or operate a facility.

VIII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on the proposed rule with respect to 
the clarity and effectiveness of the language used.

IX. National Environmental Policy Act

    The NRC has determined that this rule is the type of action 
described in 10 CFR 51.22(c)(1). Therefore, neither an environmental 
impact statement nor environmental assessment has been prepared for 
this proposed rule.

X. Paperwork Reduction Act

    This rule does not contain any information collection requirements 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

XI. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this proposed fee rule, the 
NRC is proposing to amend the licensing, inspection, and annual fees 
charged to its licensees and applicants, as necessary, to recover 
approximately 90 percent of its budget authority in FY 2015, as 
required by OBRA-90, as amended. This action does not constitute the 
establishment of a standard that contains generally applicable 
requirements

XII. Availability of Guidance

    The Small Business Regulatory Enforcement Fairness Act requires all 
Federal agencies to prepare a written compliance guide for each rule 
for which the NRC 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 2015 proposed fee rule. 
This document is available as indicated in Section XIII,

[[Page 15491]]

``Availability of Documents,'' of this document.

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.

------------------------------------------------------------------------
             Document                  Adams accession  No./Web link
------------------------------------------------------------------------
FY 2015 Proposed Rule Work Papers  ML15021A198.
FY 2015 Regulatory Flexibility     ML15058A385.
 Analysis.
FY 2015 U.S. Nuclear Regulatory    ML15058A332.
 Commission Small Entity
 Compliance Guide.
NUREG-1100, Volume 30,             http://www.nrc.gov/reading-rm/doc-
 ``Congressional Budget             collections/nuregs/staff/sr1100/v30/
 Justification: Fiscal Year         .
 2015'' (March 2014).
NRC Form 526, Certification of     http://www.nrc.gov/reading-rm/doc-
 Small Entity Status for the        collections/forms/nrc526.pdf.
 Purposes of Annual Fees Imposed
 under 10 CFR Part 171.
Consolidated and Further           https://www.congress.gov/113/bills/
 Continuing Appropriations Act,     hr83/BILLS-113hr83enr.pdf.
 2015.
SECY-05-0164, ``Annual Fee         ML052580332.
 Calculation Method,'' September
 15, 2005.
Staff Requirements Memorandum for  ML14356A070.
 SECY-14-0082, ``Jurisdiction for
 Military Radium and U.S. Nuclear
 Regulatory Commission Oversight
 of U.S. Department of Defense
 Remediation of Radioactive
 Material,'' December 22, 2014.
------------------------------------------------------------------------

    Throughout the development of this rule, the NRC may post documents 
related to this rule, including public comments, on the Federal 
rulemaking Web site at http://www.regulations.gov under Docket ID NRC-
2014-0200. The Federal rulemaking Web site allows you to receive alerts 
when changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder NRC-2014-0200; (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects

10 CFR Part 170

    Byproduct material, Import and export licenses, Intergovernmental 
relations, Non-payment penalties, Nuclear materials, Nuclear power 
plants and reactors, Source material, Special nuclear material.

10 CFR Part 171

    Annual charges, Byproduct material, Holders of certificates, 
registrations, approvals, Intergovernmental relations, Nonpayment 
penalties, Nuclear materials, Nuclear power plants and reactors, Source 
material, Special nuclear material.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR parts 170 and 171.

PART 170--FEES FOR FACILITIES, MATERIALS IMPORT AND EXPORT LICENSES 
AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, 
AS AMENDED

0
1. The authority citation for part 170 continues to read as follows:

     Authority: Independent Offices Appropriations Act sec. 501 (31 
U.S.C. 9701); Atomic Energy Act sec. 161(w) (42 U.S.C. 2201(w)); 
Energy Reorganization Act sec. 201 (42 U.S.C. 5841); Chief Financial 
Officers Act sec. 205 (31 U.S.C. 901, 902); Government Paperwork 
Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act 
secs. 623, Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58, 
119 Stat. 783 (42 U.S.C. 2201(w), 2014, 2021, 2021b, 2111).

0
2. In Sec.  170.3, add a new definition for ``Overhead and General and 
Administrative Costs'' in alphabetical order and revise the definition 
for ``Utilization facility'' to read as follows:


Sec.  170.3  Definitions.

* * * * *
    Overhead and General and Administrative Costs means:
    (1) The Government benefits for each employee such as leave and 
holidays, retirement and disability benefits, health and life insurance 
costs, and social security costs;
    (2) Travel costs;
    (3) Overhead [e.g., supervision and support staff that directly 
support the NRC's Nuclear Reactor Safety Program and Nuclear Materials 
Safety and Waste Program; administrative support costs (e.g., rental of 
space, equipment, telecommunications, and supplies)]; and
    (4) Indirect costs that would include, but not be limited to, NRC 
central policy direction, legal and executive management services for 
the Commission and special and independent reviews, investigations, and 
enforcement and appraisal of NRC programs and operations. Some of the 
organizations included, in whole or in part, are the Commissioners, 
Secretary, Executive Director for Operations, General Counsel, 
Congressional and Public Affairs (except for international safety and 
safeguards programs), Inspector General, Investigations, Enforcement, 
Small Business and Civil Rights, the Technical Training Center, 
Advisory Committee on Reactor Safeguards, and the Atomic Safety and 
Licensing Board Panel. The Commission views these budgeted costs as 
support for all its regulatory services provided to applicants, 
licensees, and certificate holders, and these costs must be recovered 
under Public Law 101-508.
* * * * *
    Utilization facility means:
    (1) Any nuclear reactor other than one designed or used primarily 
for the formation of plutonium or U-233; or
    (2) An accelerator-driven subcritical operating assembly used for 
the irradiation of materials containing special nuclear material and 
described in the application assigned docket number 50-608.
0
3. Revise Sec.  170.20 to read as follows:


Sec.  170.20  Average cost per professional staff-hour.

    Fees for permits, licenses, amendments, renewals, special projects, 
10 CFR part 55 re-qualification and replacement examinations and tests, 
other required reviews, approvals, and inspections under Sec. Sec.  
170.21 and 170.31 will be calculated using the professional staff-hour 
rate of $277 per hour.

[[Page 15492]]

0
4. In Sec.  170.21, in the table, revise the fee category K. to read as 
follows:


Sec.  170.21  Schedule of fees for production or utilization 
facilities, review of standard referenced design approvals, special 
projects, inspections, and import and export licenses.

                        Schedule of Facility Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
      Facility categories and type of fees             Fees \1\ \2\
------------------------------------------------------------------------
 
                              * * * * * * *
K. Import and export licenses:
Licenses for the import and export only of
 production or utilization facilities or the
 export only of components for production or
 utilization facilities issued under 10 CFR
 part 110.
    1. Application for import or export of
     production or utilization facilities \4\
     (including reactors and other facilities)
     and exports of components requiring
     Commission and Executive Branch review,
     for example, actions under 10 CFR
     110.40(b).
        Application--new license, or amendment;                  $18,000
         or license exemption request..........
    2. Application for export of reactor and
     other components requiring Executive
     Branch review, for example, those actions
     under 10 CFR 110.41(a).
        Application--new license, or amendment;                   $9,700
         or license exemption request..........
    3. Application for export of components
     requiring the assistance of the Executive
     Branch to obtain foreign government
     assurances.
        Application--new license, or amendment;                   $4,400
         or license exemption request..........
    4. Application for export of facility
     components and equipment not requiring
     Commission or Executive Branch review, or
     obtaining foreign government assurances.
        Application--new license, or amendment;                   $5,000
         or license exemption request..........
    5. Minor amendment of any active export or
     import license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions which
     do not involve any substantive changes to
     license terms or conditions or to the type
     of facility or component authorized for
     export and, therefore, do not require in-
     depth analysis or review or consultation
     with the Executive Branch, U.S. host
     state, or foreign government authorities.
        Minor amendment to license.............                   $2,800
------------------------------------------------------------------------
\1\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under Sec.   2.202 of
  this chapter or for amendments resulting specifically from the
  requirements of these orders. For orders unrelated to civil penalties
  or other civil sanctions, fees will be charged for any resulting
  licensee-specific activities not otherwise exempted from fees under
  this chapter. Fees will be charged for approvals issued under a
  specific exemption provision of the Commission's regulations under
  Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10
  CFR 73.5) and any other sections in effect now or in the future,
  regardless of whether the approval is in the form of a license
  amendment, letter of approval, safety evaluation report, or other
  form.
\2\ Full cost fees will be determined based on the professional staff
  time and appropriate contractual support services expended. For
  applications currently on file and for which fees are determined based
  on the full cost expended for the review, the professional staff hours
  expended for the review of the application up to the effective date of
  the final rule will be determined at the professional rates in effect
  when the service was provided.
 * * * * * * *
\4\ Imports only of major components for end-use at NRC-licensed
  reactors are authorized under NRC general import license in 10 CFR
  110.27.

0
5. In Sec.  170.31, revise the table to read as follows:


Sec.  170.31  Schedule of fees for materials licenses and other 
regulatory services, including inspections, and import and export 
licenses.

* * * * *

                       Schedule of Materials Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
  Category of materials licenses and type of
                   fees \1\                           Fee \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of
     U-235 or plutonium for fuel fabrication
     activities.
        (a) Strategic Special Nuclear          Full Cost.
         Material (High Enriched Uranium)
         [Program Code(s): 21130].
        (b) Low Enriched Uranium in            Full Cost.
         Dispersible Form Used for
         Fabrication of Power Reactor Fuel
         [Program Code(s): 21210].
    (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            Full Cost.
         operations [Program Code(s): 21310,
         21320].
        (b) Gas centrifuge enrichment          Full Cost.
         demonstration facilities.
        (c) Others, including hot cell         Full Cost.
         facilities.
    B. Licenses for receipt and storage of     Full Cost.
     spent fuel and reactor-related Greater
     than Class C (GTCC) waste at an
     independent spent fuel storage
     installation (ISFSI) [Program Code(s):
     23200].
    C. Licenses for possession and use of
     special nuclear material of less than a
     critical mass as defined in Sec.   70.4
     in sealed sources contained in devices
     used in industrial measuring systems,
     including x-ray fluorescence analyzers.
     \4\
        Application [Program Code(s): 22140].  $1,300.

[[Page 15493]]

 
    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 Sec.   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,   $2,600.
         22111, 22120, 22131, 22136, 22150,
         22151, 22161, 22170, 23100, 23300,
         23310].
    E. Licenses or certificates for            Full Cost.
     construction and operation of a uranium
     enrichment facility [Program Code(s):
     21200].
    F. For special nuclear materials licenses  Full Cost.
     in sealed or unsealed form of greater
     than a critical mass as defined in Sec.
      70.4 of this chapter.\4\ [Program
     Code(s): 22155].
2. Source material:
    A. (1) Licenses for possession and use of  Full Cost.
     source material for refining uranium
     mill concentrates to uranium
     hexafluoride or for deconverting uranium
     hexafluoride in the production of
     uranium oxides for disposal. [Program
     Code(s): 11400].
    (2) Licenses for possession and use of
     source material in recovery operations
     such as milling, in-situ recovery, heap-
     leaching, ore buying stations, ion-
     exchange facilities, and in processing
     of ores containing source material for
     extraction of metals other than uranium
     or thorium, including licenses
     authorizing the possession of byproduct
     waste material (tailings) from source
     material recovery operations, as well as
     licenses authorizing the possession and
     maintenance of a facility in a standby
     mode.
        (a) Conventional and Heap Leach        Full Cost.
         facilities [Program Code(s): 11100].
        (b) Basic In Situ Recovery facilities  Full Cost.
         [Program Code(s): 11500].
        (c) Expanded In Situ Recovery          Full Cost.
         facilities [Program Code(s): 11510].
        (d) In Situ Recovery Resin facilities  Full Cost.
         [Program Code(s): 11550].
        (e) Resin Toll Milling facilities      Full Cost.
         [Program Code(s): 11555].
        (f) Other facilities [Program          Full Cost.
         Code(s): 11700].
    (3) Licenses that authorize the receipt    Full Cost.
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal, except those licenses
     subject to the fees in Category 2.A.(2)
     or Category 2.A.(4) [Program Code(s):
     11600, 12000].
    (4) Licenses that authorize the receipt    Full Cost.
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal incidental to the disposal
     of the uranium waste tailings generated
     by the licensee's milling operations,
     except those licenses subject to the
     fees in Category 2.A.(2) [Program
     Code(s): 12010].
    (5) Licenses that authorize the            Full Cost.
     possession of source material related to
     removal of contaminants (source
     material) from drinking water [Program
     Code(s): 11820].
    B. Licenses which authorize the
     possession, use, and/or installation of
     source material for shielding \6\ \7\
     \8\
        Application [Program Code(s): 11210].  $1,220.
    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].  $2,800.
    D. Licenses to distribute source material
     to persons generally licensed under part
     40 of this chapter.
        Application [Program Codes(s): 11230,  $2,700.
         11231].
    E. Licenses for possession and use of
     source material for processing or
     manufacturing of products or materials
     containing source material for
     commercial distribution.
        Application [Program Code(s): 11710].  $2,600.
    F. All other source material licenses
        Application [Program Code(s): 11200,   $2,600.
         11220, 11221, 11300, 11800, 11810].
3. Byproduct material:
    A. Licenses of broad scope for the
     possession and use of byproduct material
     issued under parts 30 and 33 of this
     chapter for processing or manufacturing
     of items containing byproduct material
     for commercial distribution.
        Application [Program Code(s): 03211,   $13,000.
         03212, 03213].
    B. Other licenses for possession and use
     of byproduct material issued under part
     30 of this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution.
        Application [Program Code(s): 03214,   $3,600.
         03215, 22135, 22162].
    C. Licenses issued under Sec.  Sec.
     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 Sec.   170.11(a)(4).
        Application [Program Code(s): 02500,   $5,200.
         02511, 02513].
    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,   $3,200.
         03520].
    F. Licenses for possession and use of
     less than 10,000 curies of byproduct
     material in sealed sources for
     irradiation of materials in which the
     source is exposed for irradiation
     purposes. This category also includes
     underwater irradiators for irradiation
     of materials where the source is not
     exposed for irradiation purposes.
        Application [Program Code(s): 03511].  $6,500.

[[Page 15494]]

 
    G. Licenses for possession and use of
     10,000 curies or more of byproduct
     material in sealed sources for
     irradiation of materials in which the
     source is exposed for irradiation
     purposes. This category also includes
     underwater irradiators for irradiation
     of materials where the source is not
     exposed for irradiation purposes.
        Application [Program Code(s): 03521].  $61,800.
    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,   $6,600.
         03255, 03257].
    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,   $11,000.
         03251, 03252, 03253, 03256].
    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,   $2,000.
         03241, 03243].
    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,   $1,100.
         03244].
    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.
        (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.
        (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: 20 or more.
        Application [Program Code(s): 01100,   $5,500.
         01110, 01120, 03610, 03611, 03612,
         03613].
    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].  $5,000.
    N. Licenses that authorize services for
     other licensees, except:
        (1) Licenses that authorize only
         calibration and/or leak testing
         services are subject to the fees
         specified in fee Category 3.P.; and
         (2) Licenses that authorize waste
         disposal services are subject to the
         fees specified in fee Categories
         4.A., 4.B., and 4.C.
        Application [Program Code(s): 03219,   $6,300.
         03225, 03226].
    O. Licenses for possession and use of
     byproduct material issued under part 34
     of this chapter for industrial
     radiography operations.
        Application [Program Code(s): 03310,   $3,200.
         03320].
    P. All other specific byproduct material
     licenses, except those in Categories
     4.A. through 9.D.\ 9\
        Application [Program Code(s): 02400,   $2,700.
         02410, 03120, 03121, 03122, 03123,
         03124, 03130, 03140, 03220, 03221,
         03222, 03800, 03810, 22130]
    Q. Registration of a device(s) generally
     licensed under part 31 of this chapter.
        Registration.........................  $400.
    R. Possession of items or products
     containing radium-226 identified in 10
     CFR 31.12 which exceed the number of
     items or limits specified in that
     section.\5\
        1. Possession of quantities exceeding
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less
         than or equal to 10 times the number
         of items or limits specified.
            Application [Program Code(s):      $2,500.
             02700].
        2. Possession of quantities exceeding
         10 times the number of items or
         limits specified in 10 CFR
         31.12(a)(4), or (5).
            Application [Program Code(s):      $2,500.
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.
        Application [Program Code(s): 03210].  $14,200.
4. Waste disposal and processing:
    A. Licenses specifically authorizing the   N/A.
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the
     licensee; or licenses authorizing
     contingency storage of low-level
     radioactive waste at the site of nuclear
     power reactors; or licenses for receipt
     of waste from other persons for
     incineration or other treatment,
     packaging of resulting waste and
     residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material. [Program
     Code(s): 03231, 03233, 03235, 03236,
     06100, 06101].

[[Page 15495]]

 
    B. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of packaging or repackaging the
     material. The licensee will dispose of
     the material by transfer to another
     person authorized to receive or dispose
     of the material.
        Application [Program Code(s): 03234].  $6,900.
    C. Licenses specifically authorizing the   $5,000.
     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. Well logging:
    A. Licenses for possession and use of
     byproduct material, source material, and/
     or special nuclear material for well
     logging, well surveys, and tracer
     studies other than field flooding tracer
     studies
        Application [Program Code(s): 03110,   $4,600.
         03111, 03112].
    B. Licenses for possession and use of
     byproduct material for field flooding
     tracer studies.
        Licensing [Program Code(s): 03113]...  Full Cost.
6. Nuclear laundries:
    A. Licenses for commercial collection and
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material.
        Application [Program Code(s): 03218].  $22,100.
7. Medical licenses:
    A. Licenses issued under parts 30, 35,
     40, and 70 of this chapter for human use
     of byproduct material, source material,
     or special nuclear material in sealed
     sources contained in gamma stereotactic
     radiosurgery units, teletherapy devices,
     or similar beam therapy devices.
        Application [Program Code(s): 02300,   $11,100.
         02310].
    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.\ 10\
        Application [Program Code(s): 02110].  $8,600.
    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.
        Application [Program Code(s): 02120,   $4,500.
         02121, 02200, 02201, 02210, 02220,
         02230, 02231, 02240, 22160].
8. Civil defense:
    A. Licenses for possession and use of
     byproduct material, source material, or
     special nuclear material for civil
     defense activities.
        Application [Program Code(s): 03710].  $2,500.
9. Device, product, or sealed source safety
 evaluation:
    A. Safety evaluation of devices or
     products containing byproduct material,
     source material, or special nuclear
     material, except reactor fuel devices,
     for commercial distribution.
        Application--each device.............  $5,400.
    B. Safety evaluation of devices or
     products containing byproduct material,
     source material, or special nuclear
     material manufactured in accordance with
     the unique specifications of, and for
     use by, a single applicant, except
     reactor fuel devices.
        Application--each device.............  $9,000.
    C. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel, for commercial
     distribution.
        Application--each source.............  $5,300.
    D. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     manufactured in accordance with the
     unique specifications of, and for use
     by, a single applicant, except reactor
     fuel.
        Application--each source.............  $1,050.
10. Transportation of radioactive material:
    A. Evaluation of casks, packages, and
     shipping containers.
        1. Spent Fuel, High-Level Waste, and   Full Cost.
         plutonium air packages.
        2. Other Casks.......................  Full Cost.
    B. Quality assurance program approvals
     issued under part 71 of this chapter.
        1. Users and Fabricators:
            Application......................  $4,200.
            Inspections......................  Full Cost.
        2. Users:
            Application......................  $4,200.
            Inspections......................  Full Cost.

[[Page 15496]]

 
    C. Evaluation of security plans, route     Full Cost.
     approvals, route surveys, and
     transportation security devices
     (including immobilization devices).
11. Review of standardized spent fuel          Full Cost.
 facilities.
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  Full Cost.
 Compliance.
    B. Inspections related to storage of       Full Cost.
     spent fuel under Sec.   72.210 of this
     chapter.
14. A. Byproduct, source, or special nuclear   Full Cost.
 material licenses and other approvals
 authorizing decommissioning,
 decontamination, reclamation, or site
 restoration activities under parts 30, 40,
 70, 72, and 76 of this chapter, including
 MMLs. Application [Program Code(s): 3900,
 11900, 21135, 21215, 21240, 21325, 22200].
    B. Site-specific decommissioning           Full Cost.
     activities associated with unlicensed
     sites, including MMLs, regardless of
     whether or not the sites have been
     previously licensed.
15. Import and Export licenses:
Licenses issued under part 110 of this
 chapter for the import and export only of
 special nuclear material, source material,
 tritium and other byproduct material, and
 the export only of heavy water, or nuclear
 grade graphite (fee categories 15.A. through
 15.E.).
    A. Application for export or import of
     nuclear materials, including radioactive
     waste requiring Commission and Executive
     Branch review, for example, those
     actions under 10 CFR 110.40(b).
        Application--new license, or           $18,000.
         amendment; or license exemption
         request.
    B. Application for export or import of
     nuclear material, including radioactive
     waste, requiring Executive Branch
     review, but not Commission review. This
     category includes applications for the
     export and import of radioactive waste
     and requires NRC to consult with
     domestic host state authorities (i.e.,
     Low-Level Radioactive Waste Compact
     Commission, the U.S. Environmental
     Protection Agency, etc.)
        Application--new license, or           $9,700.
         amendment; or license exemption
         request.
    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           $4,400.
         amendment; or license exemption
         request.
        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           $5,000.
         amendment; or license exemption
         request.
    E. Minor amendment of any active export
     or import license, for example, to
     extend the expiration date, change
     domestic information, or make other
     revisions which do not involve any
     substantive changes to license terms and
     conditions or to the type/quantity/
     chemical composition of the material
     authorized for export and, therefore, do
     not require in-depth analysis, review,
     or consultations with other Executive
     Branch, U.S. host state, or foreign
     government authorities.
        Minor amendment......................  $1,400.
Licenses issued under part 110 of this
 chapter for the import and export only of
 Category 1 and Category 2 quantities of
 radioactive material listed in Appendix P to
 part 110 of this chapter (fee categories
 15.F. through 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
 Exports:
    F. Application for export of Appendix P
     Category 1 materials requiring
     Commission review (e.g. exceptional
     circumstance review under 10 CFR
     110.42(e)(4)) and to obtain government-
     to-government consent for this process.
     For additional consent see 15.I.).
        Application--new license, or           $15,200.
         amendment; or license exemption
         request.
    G. Application for export of Appendix P
     Category 1 materials requiring Executive
     Branch review and to obtain government-
     to-government consent for this process.
     For additional consents see 15.I.
        Application--new license, or           $8,300.
         amendment; or license exemption
         request.
    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 15.I.
        Application--new license, or           $5,500.
         amendment; or license exemption
         request.
    I. Requests for each additional
     government-to-government consent in
     support of an export license application
     or active export license.
        Application--new license, or           $280.
         amendment; or license exemption
         request.
Category 2 (Appendix P, 10 CFR Part 110)
 Exports:
    J. Application for export of Appendix P
     Category 2 materials requiring
     Commission review (e.g. exceptional
     circumstance review under 10 CFR
     110.42(e)(4)).
        Application--new license, or           $15,200.
         amendment; or license exemption
         request.
    K. Applications for export of Appendix P
     Category 2 materials requiring Executive
     Branch review.
        Application--new license, or           $8,300.
         amendment; or license exemption
         request.
    L. Application for the export of Category
     2 materials
        Application--new license, or           $4,200.
         amendment; or license exemption
         request.
    M. [Reserved]............................  N/A.
    N. [Reserved]............................  N/A.

[[Page 15497]]

 
    O. [Reserved]............................  N/A.
    P. [Reserved]............................  N/A.
    Q. [Reserved]............................  N/A.
Minor Amendments (Category 1 and 2, Appendix
 P, 10 CFR Part 110, Export):
    R. Minor amendment of any active export
     license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions
     which do not involve any substantive
     changes to license terms and conditions
     or to the type/quantity/chemical
     composition of the material authorized
     for export and, therefore, do not
     require in-depth analysis, review, or
     consultations with other Executive
     Branch, U.S. host state, or foreign
     authorities.
        Minor amendment......................  $1,400.
16. Reciprocity:
Agreement State licensees who conduct
 activities under the reciprocity provisions
 of 10 CFR 150.20.
    Application..............................  $1,900.
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  Full Cost.
     of casks, 11packages, and shipping
     containers (including spent fuel, high-
     level waste, and other casks, and
     plutonium air packages).
    B. Uranium Mill Tailings Radiation         Full Cost.
     Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
  assessed for pre-application consultations and reviews; applications
  for new licenses, approvals, or license terminations; possession-only
  licenses; issuances of new licenses and approvals; certain amendments
  and renewals to existing licenses and approvals; safety evaluations of
  sealed sources and devices; generally licensed device registrations;
  and certain inspections. The following guidelines apply to these
  charges:
(a) Application and registration fees. Applications for new materials
  licenses and export and import licenses; applications to reinstate
  expired, terminated, or inactive licenses, except those subject to
  fees assessed at full costs; applications filed by Agreement State
  licensees to register under the general license provisions of 10 CFR
  150.20; and applications for amendments to materials licenses that
  would place the license in a higher fee category or add a new fee
  category must be accompanied by the prescribed application fee for
  each category.
(1) Applications for licenses covering more than one fee category of
  special nuclear material or source material must be accompanied by the
  prescribed application fee for the highest fee category.
(2) Applications for new licenses that cover both byproduct material and
  special nuclear material in sealed sources for use in gauging devices
  will pay the appropriate application fee for fee category 1.C. only.
(b) Licensing fees. Fees for reviews of applications for new licenses,
  renewals, and amendments to existing licenses, pre-application
  consultations and other documents submitted to the NRC for review, and
  project manager time for fee categories subject to full cost fees are
  due upon notification by the Commission in accordance with Sec.
  170.12(b).
(c) Amendment fees. Applications for amendments to export and import
  licenses must be accompanied by the prescribed amendment fee for each
  license affected. An application for an amendment to an export or
  import license or approval classified in more than one fee category
  must be accompanied by the prescribed amendment fee for the category
  affected by the amendment, unless the amendment is applicable to two
  or more fee categories, in which case the amendment fee for the
  highest fee category would apply.
(d) Inspection fees. Inspections resulting from investigations conducted
  by the Office of Investigations and nonroutine inspections that result
  from third-party allegations are not subject to fees. Inspection fees
  are due upon notification by the Commission in accordance with Sec.
  170.12(c).
(e) Generally licensed device registrations under 10 CFR 31.5.
  Submittals of registration information must be accompanied by the
  prescribed fee.
\2\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under 10 CFR 2.202 or
  for amendments resulting specifically from the requirements of these
  orders. For orders unrelated to civil penalties or other civil
  sanctions, fees will be charged for any resulting licensee-specific
  activities not otherwise exempted from fees under this chapter. Fees
  will be charged for approvals issued under a specific exemption
  provision of the Commission's regulations under Title 10 of the Code
  of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
  any other sections in effect now or in the future), regardless of
  whether the approval is in the form of a license amendment, letter of
  approval, safety evaluation report, or other form. In addition to the
  fee shown, an applicant may be assessed an additional fee for sealed
  source and device evaluations as shown in fee categories 9.A. through
  9.D.
\3\ Full cost fees will be determined based on the professional staff
  time multiplied by the appropriate professional hourly rate
  established in Sec.   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.
\5\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\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. 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. for calibration or leak testing services authorized on the
  same license.
\10\ Licensees paying fees under 7.B. are not subject to paying fees
  under 7.C. 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.


[[Page 15498]]

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

0
6. The authority citation for part 171 continues to read as follows:

    Authority:  Consolidated Omnibus Budget Reconciliation Act sec. 
7601, Pub. L. 99-272, as amended by sec. 5601, Pub. L. 100-203, as 
amended by sec. 3201, Pub. L. 101-239, as amended by sec. 6101, Pub. 
L. 101-508, as amended by sec. 2903a, Pub. L. 102-486 (42 U.S.C. 
2213, 2214), and as amended by Title IV, Pub. L. 109-103 (42 U.S.C. 
2214); Atomic Energy Act sec. 161(w), 223, 234 (42 U.S.C. 2201(w), 
2273, 2282); Energy Reorganization Act sec. 201 (42 U.S.C. 5841); 
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 
note); Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58 (42 
U.S.C. 2014, 2021, 2021b, 2111).

0
7. In Sec.  171.15, revise paragraph (b)(1), the introductory text of 
paragraph (b)(2), paragraph (c)(1), the introductory text of paragraphs 
(c)(2) and (d)(1), and paragraphs (d)(2), (d)(3), and (e) to read as 
follows:


Sec.  171.15  Annual fees: Reactor licenses and independent spent fuel 
storage licenses.

* * * * *
    (b)(1) The FY 2015 annual fee for each operating power reactor 
which must be collected by September 30, 2015, is $5,324,000.
    (2) The FY 2015 annual fees are comprised of a base annual fee for 
power reactors licensed to operate, a base spent fuel storage/reactor 
decommissioning annual fee, and associated additional charges (fee-
relief adjustment). The activities comprising the spent storage/reactor 
decommissioning base annual fee are shown in paragraphs (c)(2)(i) and 
(ii) of this section. The activities comprising the FY 2015 fee-relief 
adjustment are shown in paragraph (d)(1) of this section. The 
activities comprising the FY 2015 base annual fee for operating power 
reactors are as follows:
* * * * *
    (c)(1) The FY 2015 annual fee for each power reactor holding a 10 
CFR part 50 license that is in a decommissioning or possession-only 
status and has spent fuel onsite, and for each independent spent fuel 
storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 
license, is $237,000.
    (2) The FY 2015 annual fee is comprised of a base spent fuel 
storage/reactor decommissioning annual fee (which is also included in 
the operating power reactor annual fee shown in paragraph (b) of this 
section) and a fee-relief adjustment. The activities comprising the FY 
2015 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2015 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
    (d)(1) The fee-relief adjustment allocated to annual fees includes 
a surcharge for the activities listed in paragraph (d)(1)(i) of this 
section, plus the amount remaining after total budgeted resources for 
the activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of 
this section are reduced by the appropriations the NRC receives for 
these types of activities. If the NRC's appropriations for these types 
of activities are greater than the budgeted resources for the 
activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of this 
section for a given FY, annual fees will be reduced. The activities 
comprising the FY 2015 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2015 fee-relief adjustment allocated to the 
operating power reactor class of licenses is an $11,313,600 fee-relief 
surplus, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2015 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is 
approximately a $114,279 fee-relief surplus. This amount is calculated 
by dividing the total operating power reactor fee-relief surplus 
adjustment, $11.3 million, by the number of operating power reactors 
(99).
    (3) The FY 2015 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a $533,600 fee-
relief assessment. The FY 2015 spent fuel storage/reactor 
decommissioning fee-relief adjustment to be assessed to each operating 
power reactor, each power reactor in decommissioning or possession-only 
status that has spent fuel onsite, and to each independent spent fuel 
storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 
license, is a $4,374 fee-relief assessment. This amount is calculated 
by dividing the total fee-relief adjustment costs allocated to this 
class by the total number of power reactor licenses, except those that 
permanently ceased operations and have no fuel onsite, and 10 CFR part 
72 licensees who do not hold a 10 CFR part 50 license.
    (e) The FY 2015 annual fees for licensees authorized to operate a 
research or test (non-power) reactor licensed under part 50 of this 
chapter, unless the reactor is exempted from fees under Sec.  
171.11(a), are as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Research reactor...........................................      $88,500
Test reactor...............................................       88,500
------------------------------------------------------------------------

0
8. In Sec.  171.16, revise paragraph (d) and the introductory text of 
paragraph (e) to read as follows;


Sec.  171.16  Annual fees: Materials licensees, holders of certificates 
of compliance, holders of sealed source and device registrations, 
holders of quality assurance program approvals, and government agencies 
licensed by the NRC.

* * * * *
    (d) The FY 2015 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2015 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2015 annual fees for materials licensees 
and holders of certificates, registrations, or approvals subject to 
fees under this section are shown in the following table:

   Schedule of Materials Annual Fees and Fees for Government Agencies
                             Licensed by NRC
                     [See footnotes at end of table]
------------------------------------------------------------------------
        Category of materials licenses          Annual fees \1\ \2\ \3\
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of
     U-235 or plutonium for fuel fabrication
     activities.
        (a) Strategic Special Nuclear          $9,424,000.
         Material (High Enriched Uranium)
         [Program Code(s): 21130].
        (b) Low Enriched Uranium in            $3,243,000.
         Dispersible Form Used for
         Fabrication of Power Reactor Fuel
         [Program Code(s): 21210].
    (2) All other special nuclear materials
     licenses not included in Category 1.A.
     (1) which are licensed for fuel cycle
     activities

[[Page 15499]]

 
        (a) Facilities with limited            $912,000.
         operations [Program Code(s): 21310,
         21320].
        (b) Gas centrifuge enrichment          $1,824,000.
         demonstration facilities.
        (c) Others, including hot cell         $912,000.
         facilities.
    B. Licenses for receipt and storage of     N/A. \11\
     spent fuel and reactor-related Greater
     than Class C (GTCC) waste at an
     independent spent fuel storage
     installation (ISFSI) [Program Code(s):
     23200].
    C. Licenses for possession and use of      $3,300.
     special nuclear material of less than a
     critical mass, as defined in Sec.   70.4
     of this chapter, in sealed sources
     contained in devices used in industrial
     measuring systems, including x-ray
     fluorescence analyzers.\15\ [Program
     Code(s): 22140].
    D. All other special nuclear material      $8,400.
     licenses, except licenses authorizing
     special nuclear material in sealed or
     unsealed form in combination that would
     constitute a critical mass, as defined
     in Sec.   70.4 of this chapter, for
     which the licensee shall pay the same
     fees as those under Category 1.A.\15\
     [Program Code(s): 22110, 22111, 22120,
     22131, 22136, 22150, 22151, 22161,
     22170, 23100, 23300, 23310].
    E. Licenses or certificates for the        $4,459,000.
     operation of a uranium enrichment
     facility [Program Code(s): 21200].
    F. For special nuclear materials licenses  $7,100.
     in sealed or unsealed form of greater
     than a critical mass as defined in Sec.
      70.4 of this chapter.\15\ [Program
     Code: 22155].
2. Source material:
    A. (1) Licenses for possession and use of  $1,925,000.
     source material for refining uranium
     mill concentrates to uranium
     hexafluoride or for deconverting uranium
     hexafluoride in the production of
     uranium oxides for disposal. [Program
     Code: 11400].
    (2) Licenses for possession and use of
     source material in recovery operations
     such as milling, in-situ recovery, heap-
     leaching, ore buying stations, ion-
     exchange facilities and in-processing of
     ores containing source material for
     extraction of metals other than uranium
     or thorium, including licenses
     authorizing the possession of byproduct
     waste material (tailings) from source
     material recovery operations, as well as
     licenses authorizing the possession and
     maintenance of a facility in a standby
     mode
        (a) Conventional and Heap Leach        $40,700.
         facilities [Program Code(s): 11100].
        (b) Basic In Situ Recovery facilities  $51,500.
         [Program Code(s): 11500].
        (c) Expanded In Situ Recovery          $58,300.
         facilities [Program Code(s): 11510].
        (d) In Situ Recovery Resin facilities  $0.
         [Program Code(s): 11550].
        (e) Resin Toll Milling facilities      N/A. \5\
         [Program Code(s): 11555].
        (f) Other facilities \4\ [Program      $83,800.
         Code(s): 11700].
    (3) Licenses that authorize the receipt    N/A. \5\
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal, except those licenses
     subject to the fees in Category 2.A.(2)
     or Category 2.A.(4) [Program Code(s):
     11600, 12000].
    (4) Licenses that authorize the receipt    $23,100.
     of byproduct material, as defined in
     Section 11e.(2) of the Atomic Energy
     Act, from other persons for possession
     and disposal incidental to the disposal
     of the uranium waste tailings generated
     by the licensee's milling operations,
     except those licenses subject to the
     fees in Category 2.A.(2) [Program
     Code(s): 12010].
    (5) Licenses that authorize the            $6,800.
     possession of source material related to
     removal of contaminants (source
     material) from drinking water [Program
     Code(s): 11820].
    B. Licenses that authorize possession,     $3,700.
     use, and/or installation of source
     material for shielding.\16\ \17\ \18\
     [Program Code: 11210].
    C. Licenses to distribute items            $7,000.
     containing source material to persons
     exempt from the licensing requirements
     of part 40 of this chapter. [Program
     Code: 11240].
    D. Licenses to distribute source material  $6,900.
     to persons generally licensed under part
     40 of this chapter [Program Code(s):
     11230 and 11231].
    E. Licenses for possession and use of      $8,600.
     source material for processing or
     manufacturing of products or materials
     containing source material for
     commercial distribution. [Program Code:
     11710].
    F. All other source material licenses.     $8,000.
     [Program Code(s): 11200, 11220, 11221,
     11300, 11800, 11810].
3. Byproduct material:
    A. Licenses of broad scope for possession  $31,700.
     and use of byproduct material issued
     under parts 30 and 33 of this chapter
     for processing or manufacturing of items
     containing byproduct material for
     commercial distribution [Program
     Code(s): 03211, 03212, 03213].
    B. Other licenses for possession and use   $13,300.
     of byproduct material issued under part
     30 of this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution [Program Code(s): 03214,
     03215, 22135, 22162].
    C. Licenses issued under Sec.  Sec.        $14,000.
     32.72 and/or 32.74 of this chapter
     authorizing the processing or
     manufacturing and distribution or
     redistribution of radiopharmaceuticals,
     generators, reagent kits, and/or sources
     and devices containing byproduct
     material. This category also includes
     the possession and use of source
     material for shielding authorized under
     part 40 of this chapter when included on
     the same license. This category does not
     apply to licenses issued to nonprofit
     educational institutions whose
     processing or manufacturing is exempt
     under Sec.   171.11(a)(1). [Program
     Code(s): 02500, 02511, 02513].
    D. [Reserved]............................  N/A. \5\
    E. Licenses for possession and use of      $10,200.
     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].
    F. Licenses for possession and use of      $12,600.
     less than 10,000 curies of byproduct
     material in sealed sources for
     irradiation of materials in which the
     source is exposed for irradiation
     purposes. This category also includes
     underwater irradiators for irradiation
     of materials in which the source is not
     exposed for irradiation purposes
     [Program Code(s): 03511].
    G. Licenses for possession and use of      $112,000.
     10,000 curies or more of byproduct
     material in sealed sources for
     irradiation of materials in which the
     source is exposed for irradiation
     purposes. This category also includes
     underwater irradiators for irradiation
     of materials in which the source is not
     exposed for irradiation purposes
     [Program Code(s): 03521].

[[Page 15500]]

 
    H. Licenses issued under subpart A of      $12,700.
     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].
    I. Licenses issued under subpart A of      $18,900.
     part 32 of this chapter to distribute
     items containing byproduct material or
     quantities of byproduct material that do
     not require device evaluation to persons
     exempt from the licensing requirements
     of part 30 of this chapter, except for
     specific licenses authorizing
     redistribution of items that have been
     authorized for distribution to persons
     exempt from the licensing requirements
     of part 30 of this chapter [Program
     Code(s): 03250, 03251, 03252, 03253,
     03256].
    J. Licenses issued under subpart B of      $4,900.
     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].
    K. Licenses issued under subpart B of      $3,500.
     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].
    L. Licenses of broad scope for possession  $18,400.
     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].
        (1) Licenses of broad scope for        $24,600.
         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.
        (2) Licenses of broad scope for        $30,600.
         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: 20 or more.
    M. Other licenses for possession and use   $12,800.
     of byproduct material issued under part
     30 of this chapter for research and
     development that do not authorize
     commercial distribution [Program
     Code(s): 03620].
    N. Licenses that authorize services for    $21,700.
     other licensees, except: (1) Licenses
     that authorize only calibration and/or
     leak testing services are subject to the
     fees specified in fee Category 3.P.; and
     (2) Licenses that authorize waste
     disposal services are subject to the
     fees specified in fee categories 4.A.,
     4.B., and 4.C. [Program Code(s): 03219,
     03225, 03226].
    O. Licenses for possession and use of      $26,900.
     byproduct material issued under part 34
     of this chapter for industrial
     radiography operations. This category
     also includes the possession and use of
     source material for shielding authorized
     under part 40 of this chapter when
     authorized on the same license [Program
     Code(s): 03310, 03320].
    P. All other specific byproduct material   $8,200.
     licenses, except those in Categories
     4.A. through 9.D.\19\ [Program Code(s):
     02400, 02410, 03120, 03121, 03122,
     03123, 03124, 03140, 03130, 03220,
     03221, 03222, 03800, 03810, 22130].
    Q. Registration of devices generally       N/A. \13\
     licensed under part 31 of this chapter.
    R. Possession of items or products
     containing radium-226 identified in 10
     CFR 31.12 which exceed the number of
     items or limits specified in that
     section: \14\
        1. Possession of quantities exceeding  $8,100.
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less
         than or equal to 10 times the number
         of items or limits specified
         [Program Code(s): 02700].
        2. Possession of quantities exceeding  $8,600.
         10 times the number of items or
         limits specified in 10 CFR
         31.12(a)(4) or (5) [Program Code(s):
         02710].
    S. Licenses for production of accelerator- $32,000.
     produced radionuclides [Program Code(s):
     03210].
4. Waste disposal and processing:
    A. Licenses specifically authorizing the   N/A. \5\
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the
     licensee; or licenses authorizing
     contingency storage of low-level
     radioactive waste at the site of nuclear
     power reactors; or licenses for receipt
     of waste from other persons for
     incineration or other treatment,
     packaging of resulting waste and
     residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material [Program
     Code(s): 03231, 03233, 03235, 03236,
     06100, 06101].
    B. Licenses specifically authorizing the   $22,700.
     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].
    C. Licenses specifically authorizing the   $15,200.
     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].
5. Well logging:
    A. Licenses for possession and use of      $14,900.
     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].
    B. Licenses for possession and use of      N/A. \5\
     byproduct material for field flooding
     tracer studies. [Program Code(s): 03113].
6. Nuclear laundries:
    A. Licenses for commercial collection and  $41,200.
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material [Program
     Code(s): 03218].
7. Medical licenses:
    A. Licenses issued under parts 30, 35,     $25,500.
     40, and 70 of this chapter for human use
     of byproduct material, source material,
     or special nuclear material in sealed
     sources contained in gamma stereotactic
     radiosurgery units, teletherapy devices,
     or similar beam therapy devices. This
     category also includes the possession
     and use of source material for shielding
     when authorized on the same license.
     [Program Code(s): 02300, 02310].

[[Page 15501]]

 
    B. Licenses of broad scope issued to       $38,500.
     medical institutions or two or more
     physicians under parts 30, 33, 35, 40,
     and 70 of this chapter authorizing
     research and development, including
     human use of byproduct material, except
     licenses for byproduct material, source
     material, or special nuclear material in
     sealed sources contained in teletherapy
     devices. This category also includes the
     possession and use of source material
     for shielding when authorized on the
     same license.\9\ [Program Code(s):
     02110].
    C. Other licenses issued under parts 30,   $13,700.
     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\
     \20\ [Program Code(s): 02120, 02121,
     02200, 02201, 02210, 02220, 02230,
     02231, 02240, 22160].
8. Civil defense:
    A. Licenses for possession and use of      $8,100.
     byproduct material, source material, or
     special nuclear material for civil
     defense activities [Program Code(s):
     03710].
9. Device, product, or sealed source safety
 evaluation:
    A. Registrations issued for the safety     $8,200.
     evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel devices, for
     commercial distribution.
    B. Registrations issued for the safety     $13,600.
     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.
    C. Registrations issued for the safety     $8,000.
     evaluation of sealed sources containing
     byproduct material, source material, or
     special nuclear material, except reactor
     fuel, for commercial distribution.
    D. Registrations issued for the safety     $1,600.
     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.
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   N/A. \6\
         plutonium air packages.
        2. Other Casks.......................  N/A. \6\
    B. Quality assurance program approvals
     issued under part 71 of this chapter
        1. Users and Fabricators.............  N/A. \6\
        2. Users.............................  N/A. \6\
    C. Evaluation of security plans, route     N/A. \6\
     approvals, route surveys, and
     transportation security devices
     (including immobilization devices).
11. Standardized spent fuel facilities.......  N/A. \6\
12. Special Projects [Program Code(s): 25110]  N/A. \6\
13. A. Spent fuel storage cask Certificate of  N/A. \6\
 Compliance.
    B. General licenses for storage of spent   N/A. \12\
     fuel under 10 CFR 72.210.
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear   N/A. \7\
     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) [Program Code(s): 3900, 11900,
     21135, 21215, 21240, 21325, 22200].
    B. Site-specific decommissioning           N/A. \7\
     activities associated with unlicensed
     sites, including MMLs, whether or not
     the sites have been previously licensed.
15. Import and Export licenses...............  N/A. \8\
16. Reciprocity..............................  N/A. \8\
17. Master materials licenses of broad scope   $353,000.
 issued to Government agencies [Program
 Code(s): 03614].
18. Department of Energy:
    A. Certificates of Compliance............  $1,511,000. \10\
    B. Uranium Mill Tailings Radiation         $653,000.
     Control Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Annual 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, 2012, 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 Sec.   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.
\2\ Payment 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.
\3\ Each FY, fees for these materials licenses will be calculated and
  assessed in accordance with Sec.   171.13 and will be published in the
  Federal Register for notice and comment.
\4\ Other facilities include licenses for extraction of metals, heavy
  metals, and rare earths.
\5\ There 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.
\6\ Standardized 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.
\9\ Separate annual fees will not be assessed for pacemaker licenses
  issued to medical institutions that also hold nuclear medicine
  licenses under fee categories 7.B. or 7.C.

[[Page 15502]]

 
\10\ This includes Certificates of Compliance issued to the U.S.
  Department of Energy that are not funded from the Nuclear Waste Fund.
\11\ See Sec.   171.15(c).
\12\ See Sec.   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.
\14\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\15\ Licensees paying annual fees under category 1.A., 1.B., and 1.E.
  are not subject to the annual fees for categories 1.C., 1.D., and 1.F.
  for sealed sources authorized in the license.
\16\ Licensees subject to fees under 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.
\17\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\18\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\19\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P. for calibration or leak testing services authorized on the
  same license.
\20\ Licensees paying fees under 7.B. are not subject to paying fees
  under 7.C. 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.

    (e) The fee-relief adjustment allocated to annual fees includes the 
budgeted resources for the activities listed in paragraph (e)(1) of 
this section, plus the total budgeted resources for the activities 
included in paragraphs (e)(2) and (3) of this section, as reduced by 
the appropriations the NRC receives for these types of activities. If 
the NRC's appropriations for these types of activities are greater than 
the budgeted resources for the activities included in paragraphs (e)(2) 
and (3) of this section for a given FY, a negative fee-relief 
adjustment (or annual fee reduction) will be allocated to annual fees. 
The activities comprising the FY 2015 fee-relief adjustment are as 
follows:
* * * * *

    Dated at Rockville, Maryland, this 9th day of March 2015.

    For the Nuclear Regulatory Commission.
Maureen E. Wylie,
Chief Financial Officer.
[FR Doc. 2015-06377 Filed 3-20-15; 8:45 am]
 BILLING CODE 7590-01-P


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