15476 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

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): 

• 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: Carol.Gallagher@nrc.gov. For 

technical questions contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rule. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

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: Arlette.Howard@nrc.gov. 

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 publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0200. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable 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 pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. For the 

convenience of the reader, the ADAMS 

accession numbers are provided in a 

table in the ‘‘Availability of Documents’’ 

section of this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–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 

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

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15478 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

TABLE I—BUDGET AND FEE RECOVERY AMOUNTS

[Dollars in millions] 

FY 2014 

Final rule 

FY 2015 

Proposed rule 

Estimated 

FY 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—Operating Reactors) ..................... ¥2.2 0 0 

Less Payments Received in Current Year for Previous Year Invoices (estimated) ..... ¥12.3 ¥9.6 ¥9.6 

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

Class/Category of licenses FY 2014 Final FY 2015 

Proposed 

Percent 

change from 

FY 2014 

Estimated FY 

2015 final 

Percent 

change from 

FY 2014 

Percent 

change from 

FY 2015 

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 §§ 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) Missiondirect 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 missiondirect 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.) 

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TABLE II—HOURLY RATE CALCULATION

FY 2014 

Final rule 

FY 2015 

Proposed rule 

Estimated 

FY 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 Dollars) ........................................... $866.2 $891.7 $855.6 

Mission-Direct FTE (Whole numbers) ......................................................................................... 2,254 2,267 2,249 

Professional Hourly Rate (Total Budget Included in Hourly Rate divided by Mission-Direct 

FTE Hours) (Whole Numbers) ................................................................................................. $279 $277 $268 

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 §§ 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 § 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 § 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 § 170.31) and decrease for 4 

import and export fee categories (15.G., 

15.H., 15.K., and 15.L. under § 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 § 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 § 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 feerelief 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 

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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] 

Fee-relief activities 

FY 2014 

Budgeted 

costs 

FY 2015 

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 educational institutions ................................................................................... 11.9 10.6 

b. Costs not recovered from small entities under 10 CFR 71.16(c) ................................................................ 8.4 9.2 

c. Regulatory support to Agreement States ..................................................................................................... 17.9 19.0 

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

classes) ......................................................................................................................................................... 17.1 17.7 

e. In Situ leach rulemaking and unregistered general licensees ..................................................................... 1.0 1.3 

f. Potential Department of Defense remediation program MOU activities ....................................................... 0.0 0.0 

Total fee-relief activities ............................................................................................................................ 102.1 89.3 

Less 10 percent of the NRC’s total FY budget (less non-fee items) ...................................................................... ¥103.4 103.9 

Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees ................................................................... ¥1.3 ¥14.6 

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 Decommissioning ................... 0 0 3.7 ¥0.5 ¥0.5 

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 §§ 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 

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

Class/category of licenses 

FY 2014 

Final annual 

fee 

FY 2015 

Proposed 

annual fee 

Estimated 

FY 2015 

final 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 § 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 feerelief. 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] 

Summary fee calculations FY 2014 

Final 

FY 2015 

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 

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

[Dollars in millions] 

Summary fee calculations FY 2014 

Final 

FY 2015 

Proposed 

Reclassification of licensee current year fee billing received: ................................................................................ ¥2.2 0 

Total remaining required annual fee recovery ................................................................................................. 29.5 38.6 

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 

Facility type 

(fee category) 

Number of 

facilities 

Effort factors 

(percent of total) 

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 

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safeguards activities. The annual fee per 

licensee is then calculated by dividing 

the total allocated budgeted resources 

for the fee category by the number of 

licensees in that fee category. The fee 

(rounded) for each facility is 

summarized in Table VIII. 

TABLE VIII—ANNUAL FEES FOR FUEL

FACILITIES

Facility type 

(fee category) 

FY 2015 

Proposed 

annual fee 

High-Enriched Uranium Fuel 

(1.A.(1)(a)) ............................... $9,424,000 

TABLE VIII—ANNUAL FEES FOR FUEL

FACILITIES—Continued 

Facility type 

(fee category) 

FY 2015 

Proposed 

annual fee 

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 

§ 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] 

Summary fee calculations FY 2014 

Final 

FY 2015 

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

Summary of costs 

FY 2015 

Proposed 

annual fee 

DOE Annual Fee Amount (UMTRCA Title I and Title II) General Licenses: ...................................................................................... $593,233 

UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts.

10 percent of generic/other uranium recovery budgeted costs ................................................................................................... 78,076 

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 Recovery Licenses ....................................................................................... 541,098 

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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 (nonDOE) 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

Fee category Number of 

licensees 

Benefit 

factor per 

licensee 

Total 

value 

Benefit 

factor 

percent total 

Conventional and Heap Leach mills (2.A.(2)(a)) ............................................. 1 150 150 9 

Basic In Situ Recovery facilities (2.A.(2)(b)) .................................................... 8 190 1,520 76 

Expanded In Situ Recovery facilities (2.A.(2)(c)) ............................................ 1 215 215 11 

11e.(2) disposal incidental to existing tailings sites (2.A.(4)) .......................... 1 85 85 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] 

Facility type (fee category) 

FY 2015 

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 (2.A.(4)) .... 23,100 

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] 

Summary fee calculations FY 2014 

Final 

FY 2015 

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 

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

[Dollars in millions] 

Summary fee calculations FY 2014 

Final 

FY 2015 

Proposed 

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 

§ 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] 

Summary fee calculations FY 2014 

Final 

FY 2015 

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 recovery ........................................................................................................... 27.5 28.9 

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 (NonPower 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] 

Summary fee calculations FY 2014 

Final 

FY 2015 

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 

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

[Dollars in millions] 

Summary fee calculations FY 2014 

Final 

FY 2015 

Proposed 

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

Billing adjustments ................................................................................................................................................... ¥0.03 ¥0.02 

Total required annual fee recovery ........................................................................................................... 0.34 0.35 

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] 

Summary fee calculations FY 2015 

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 

§ 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] 

Summary fee calculations FY 2014 

Final 

FY 2015 

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 recovery ........................................................................................................... 33.1 36.8 

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 

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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 feerelief 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 § 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] 

Summary fee calculations FY 2014 

Final 

FY 2015 

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 

§ 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] 

License fee class/DOE 

Number of 

CoCs 

benefiting 

fee class 

or DOE 

Percentage of 

total CoCs 

Allocated 

generic 

transportation 

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 

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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 

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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 

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15490 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

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 § 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, 

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 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 Analysis ........................................................................................................................... ML15058A385. 

FY 2015 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide ........................................................... ML15058A332. 

NUREG–1100, Volume 30, ‘‘Congressional Budget Justification: Fiscal Year 2015’’ (March 2014) .............................. http://www.nrc.gov/reading-rm/doc-collections/

nuregs/staff/sr1100/v30/. 

NRC Form 526, Certification of Small Entity Status for the Purposes of Annual Fees Imposed under 10 CFR Part 

171.

http://www.nrc.gov/reading-rm/doc-collections/

forms/nrc526.pdf. 

Consolidated and Further Continuing Appropriations Act, 2015 ..................................................................................... https://www.congress.gov/

113/bills/hr83/BILLS113hr83enr.pdf. 

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

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,’’ December 22, 

2014.

ML14356A070. 

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 

■ 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). 

■ 2. In § 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: 

§ 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. 

■ 3. Revise § 170.20 to read as follows: 

§ 170.20 Average cost per professional 

staff-hour. 

Fees for permits, licenses, 

amendments, renewals, special projects, 

10 CFR part 55 re-qualification and 

replacement examinations and tests, 

other required reviews, approvals, and 

inspections under §§ 170.21 and 170.31 

will be calculated using the professional 

staff-hour rate of $277 per hour. 

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

fee category K. to read as follows: 

§ 170.21 Schedule of fees for production 

or utilization facilities, review of standard 

referenced design approvals, special 

projects, inspections, and import and 

export licenses. 

SCHEDULE OF FACILITY FEES

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

*******

K. Import and export licenses: 

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

1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and 

exports of components requiring Commission and Executive Branch review, for example, actions under 10 

CFR 110.40(b). 

Application—new license, or amendment; or license exemption request ............................................................ $18,000 

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

actions under 10 CFR 110.41(a). 

Application—new license, or amendment; or license exemption request ............................................................ $9,700 

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

Application—new license, or amendment; or license exemption request ............................................................ $4,400 

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

Application—new license, or amendment; or license exemption request ............................................................ $5,000 

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 

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

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

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

CFR 50.12, 10 CFR 73.5) and any other sections in effect now or in the future, regardless of whether the approval is in the form of a license 

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

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

review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided. 

* * * * * * * 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. 

■ 5. In § 170.31, revise the table to read 

as follows: 

§ 170.31 Schedule of fees for materials 

licenses and other regulatory services, 

including inspections, and import and 

export licenses. 

* * * * * 

SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

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

1. Special nuclear material: 

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

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

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

21210].

Full Cost. 

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

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

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

(c) Others, including hot cell facilities ................................................................................................................................ Full Cost. 

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

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

sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers. 4

Application [Program Code(s): 22140] ............................................................................................................................... $1,300. 

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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

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

shall pay the same fees as those under Category 1.A. 4

Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22170, 23100, 23300, 

23310].

$2,600. 

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

F. For special nuclear materials licenses in sealed or unsealed form of greater than a critical mass as defined in § 70.4 of 

this chapter.4 [Program Code(s): 22155].

Full Cost. 

2. Source material: 

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

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

Full Cost. 

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

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

(tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of 

a facility in a standby mode. 

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

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

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

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

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

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

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

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

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

Full Cost. 

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

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

Full Cost. 

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

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

Full Cost. 

B. Licenses which authorize the possession, use, and/or installation of source material for shielding 678

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, 11231] ................................................................................................................. $2,700. 

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, 11220, 11221, 11300, 11800, 11810] .................................................................. $2,600. 

3. Byproduct material: 

A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. 

Application [Program Code(s): 03211, 03212, 03213] ...................................................................................................... $13,000. 

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

manufacturing of items containing byproduct material for commercial distribution.

Application [Program Code(s): 03214, 03215, 22135, 22162] .......................................................................................... $3,600. 

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing 

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

Application [Program Code(s): 02500, 02511, 02513] ...................................................................................................... $5,200. 

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

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

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

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

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

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

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

Application [Program Code(s): 03511] ............................................................................................................................... $6,500. 

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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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, 03255, 03257] ...................................................................................................... $6,600. 

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

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

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

Application [Program Code(s): 03250, 03251, 03252, 03253, 03256] .............................................................................. $11,000. 

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

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

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

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

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

part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have 

been authorized for distribution to persons generally licensed under part 31 of this chapter. 

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

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

research and development that do not authorize commercial distribution. 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, 01110, 01120, 03610, 03611, 03612, 03613] ...................................................... $5,500. 

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

Application [Program Code(s): 03620] ............................................................................................................................... $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, 03225, 03226] ...................................................................................................... $6,300. 

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

operations. 

Application [Program Code(s): 03310, 03320] ................................................................................................................... $3,200. 

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

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

03222, 03800, 03810, 22130] 

$2,700. 

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): 02700] ........................................................................................................................ $2,500. 

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

Application [Program Code(s): 02710] ........................................................................................................................ $2,500. 

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 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].

N/A. 

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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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 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] 

$5,000. 

5. Well logging: 

A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies 

Application [Program Code(s): 03110, 03111, 03112] ...................................................................................................... $4,600. 

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, 02310] ................................................................................................................... $11,100. 

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

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

category also includes the possession and use of source material for shielding when authorized on the same license. 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, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ................. $4,500. 

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 plutonium air packages ........................................................................................ Full Cost. 

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

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

1. Users and Fabricators: 

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

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

2. Users: 

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

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

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15496 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

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

12. Special projects: 

Including approvals, pre-application/licensing activities, and inspections 

Application [Program Code: 25110] ................................................................................................................................... Full Cost. 

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

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

14. A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including MMLs. Application [Program Code(s): 3900, 11900, 21135, 21215, 21240, 21325, 22200].Full Cost. 

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

the sites have been previously licensed.

Full Cost. 

15. Import and Export licenses: 

Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. 

through 15.E.). 

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

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

Application—new license, or amendment; or license exemption request ......................................................................... $18,000. 

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

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

NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. 

Environmental Protection Agency, etc.) 

Application—new license, or amendment; or license exemption request ......................................................................... $9,700. 

C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances. 

Application—new license, or amendment; or license exemption request ......................................................................... $4,400. 

D. Application for export or import of nuclear material not requiring Commission or Executive Branch review, or obtaining foreign government assurances..

Application—new license, or amendment; or license exemption request ......................................................................... $5,000. 

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 amendment; or license exemption request ......................................................................... $15,200. 

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 amendment; or license exemption request ......................................................................... $8,300. 

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 amendment; or license exemption request ......................................................................... $5,500. 

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

export license. 

Application—new license, or amendment; or license exemption request ......................................................................... $280. 

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

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

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

Application—new license, or amendment; or license exemption request ......................................................................... $15,200. 

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

Application—new license, or amendment; or license exemption request ......................................................................... $8,300. 

L. Application for the export of Category 2 materials 

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

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

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

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 15497 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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 of casks, 11packages, and shipping containers (including spent fuel, high-level 

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

Full Cost. 

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

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

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

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

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

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

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

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

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

prescribed application fee for the highest fee category. 

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

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

(b) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, pre-application consultations and other documents submitted to the NRC for review, and project manager time for fee categories subject to full cost fees are due upon 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

fees listed in this table. 7 Licensees paying fees under 3.C. 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. 

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15498 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

PART 171—ANNUAL FEES FOR 

REACTOR LICENSES AND FUEL 

CYCLE LICENSES AND MATERIALS 

LICENSES, INCLUDING HOLDERS OF 

CERTIFICATES OF COMPLIANCE, 

REGISTRATIONS, AND QUALITY 

ASSURANCE PROGRAM APPROVALS 

AND GOVERNMENT AGENCIES 

LICENSED BY THE NRC 

■ 6. The authority citation for part 171 

continues to read as follows: 

Authority: 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). 

■ 7. In § 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: 

§ 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 feerelief 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 feerelief 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 § 171.11(a), are as follows: 

Research reactor ...................... $88,500 

Test reactor .............................. 88,500 

■ 8. In § 171.16, revise paragraph (d) 

and the introductory text of paragraph 

(e) to read as follows; 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(d) The FY 2015 annual fees are 

comprised of a base annual fee and an 

allocation for fee-relief adjustment. The 

activities comprising the FY 2015 feerelief 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 123

1. Special nuclear material: 

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

(a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21130] ........................................... $9,424,000. 

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

21210].

$3,243,000. 

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

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 15499 

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

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

(a) Facilities with limited operations [Program Code(s): 21310, 21320] ........................................................................... $912,000. 

(b) Gas centrifuge enrichment demonstration facilities ..................................................................................................... $1,824,000. 

(c) Others, including hot cell facilities ................................................................................................................................ $912,000. 

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

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

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

analyzers.15 [Program Code(s): 22140].

$3,300. 

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

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

shall pay the same fees as those under Category 1.A.15 [Program Code(s): 22110, 22111, 22120, 22131, 22136, 

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

$8,400. 

E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] .............................. $4,459,000. 

F. For special nuclear materials licenses in sealed or unsealed form of greater than a critical mass as defined in § 70.4 of 

this chapter.15 [Program Code: 22155].

$7,100. 

2. Source material: 

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

or for deconverting uranium hexafluoride in the production of uranium oxides for disposal. [Program Code: 11400].

$1,925,000. 

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

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

(tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of 

a facility in a standby mode 

(a) Conventional and Heap Leach facilities [Program Code(s): 11100] ............................................................................ $40,700. 

(b) Basic In Situ Recovery facilities [Program Code(s): 11500] ........................................................................................ $51,500. 

(c) Expanded In Situ Recovery facilities [Program Code(s): 11510] ................................................................................. $58,300. 

(d) In Situ Recovery Resin facilities [Program Code(s): 11550] ........................................................................................ $0. 

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

(f) Other facilities 4 [Program Code(s): 11700] ................................................................................................................... $83,800. 

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

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

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

N/A. 5

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

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

$23,100. 

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

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

$6,800. 

B. Licenses that authorize possession, use, and/or installation of source material for shielding.16 17 18 [Program Code: 

11210].

$3,700. 

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

this chapter. [Program Code: 11240].

$7,000. 

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

11230 and 11231].

$6,900. 

E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. [Program Code: 11710].$8,600. 

F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810] ................................ $8,000. 

3. Byproduct material: 

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

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

03211, 03212, 03213].

$31,700. 

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

manufacturing of items containing byproduct material for commercial distribution [Program Code(s): 03214, 03215, 

22135, 22162].

$13,300. 

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter authorizing the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category also includes the possession and use of source material for shielding authorized under part 

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

educational institutions whose processing or manufacturing is exempt under § 171.11(a)(1). [Program Code(s): 02500, 

02511, 02513].

$14,000. 

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

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

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

$10,200. 

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

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

irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03511].

$12,600. 

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

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

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

$112,000. 

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15500 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

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

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03254, 03255].$12,700. 

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

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

30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03250, 03251, 

03252, 03253, 03256].

$18,900. 

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

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

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

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

$4,900. 

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

part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter [Program Code(s): 03242, 03244].

$3,500. 

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

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

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

$18,400. 

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

for research and development that do not authorize commercial distribution. Number of locations of use: 6–20.

$24,600. 

(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.

$30,600. 

M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution [Program Code(s): 03620].$12,800. 

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

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

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

03226].

$21,700. 

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

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

40 of this chapter when authorized on the same license [Program Code(s): 03310, 03320].

$26,900. 

P. All other specific byproduct material 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].

$8,200. 

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

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

or limits specified in that section: 14

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

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

$8,100. 

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

[Program Code(s): 02710].

$8,600. 

S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................ $32,000. 

4. Waste disposal and processing: 

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

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

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

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

03235, 03236, 06100, 06101].

N/A. 5

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

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

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

$22,700. 

C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to 

receive or dispose of the material [Program Code(s): 03232].

$15,200. 

5. Well logging: 

A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies [Program Code(s): 03110, 03111, 03112].$14,900. 

B. Licenses for possession and use of byproduct material for field flooding tracer studies. [Program Code(s): 03113] ........ N/A. 5

6. Nuclear laundries: 

A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material [Program Code(s): 03218].$41,200. 

7. Medical licenses: 

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

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

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

when authorized on the same license. [Program Code(s): 02300, 02310].

$25,500. 

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 15501 

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

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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

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

category also includes the possession and use of source material for shielding when authorized on the same license.9

[Program Code(s): 02110].

$38,500. 

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

$13,700. 

8. Civil defense: 

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

activities [Program Code(s): 03710].

$8,100. 

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

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

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

$8,200. 

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

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

$13,600. 

C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution.$8,000. 

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

except reactor fuel.

$1,600. 

10. Transportation of radioactive material: 

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

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

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

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 Compliance ............................................................................................................... N/A. 6

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

14. Decommissioning/Reclamation: 

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

materials licenses (MMLs) [Program Code(s): 3900, 11900, 21135, 21215, 21240, 21325, 22200].

N/A. 7

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

have been previously licensed.

N/A. 7

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

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

17. Master materials licenses of broad scope issued to Government agencies [Program Code(s): 03614] .................................. $353,000. 

18. Department of Energy: 

A. Certificates of Compliance .................................................................................................................................................... $1,511,000. 10

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ....................................................................................... $653,000. 

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

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

either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1, 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 

§ 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and 

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

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

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

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

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

under fee categories 7.B. or 7.C. 

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15502 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

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

category. (This exception does not apply if the radium sources are possessed for storage only.) 15 Licensees 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 feerelief 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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