This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

10081 

Vol. 87, No. 36 

Wednesday, February 23, 2022 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 170 and 171 

[NRC–2020–0031] 

RIN 3150–AK44 

Revision of Fee Schedules; Fee 

Recovery for Fiscal Year 2022 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend the licensing, inspection, special 

project, and annual fees charged to its 

applicants and licensees. These 

proposed amendments are necessary to 

implement the Nuclear Energy 

Innovation and Modernization Act, 

which requires the NRC to recover, to 

the maximum extent practicable, 

approximately 100 percent of its annual 

budget less certain amounts excluded 

from this fee-recovery requirement. In 

addition, on August 20, 2021, the Chief 

Financial Officer granted a public 

interest exemption from the provisions 

in the fiscal year 2021 final fee rule that 

required fees for import and export 

licensing actions. Therefore, this 

proposed rule would not assess fees for 

import and export licensing activities in 

fiscal year 2022. 

DATES: Submit comments by March 25, 

2022. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is only able to ensure 

consideration for comments received 

before this date. Because the Nuclear 

Energy Innovation and Modernization 

Act requires the NRC to collect fees for 

fiscal year 2022 by September 30, 2022, 

the NRC must finalize any revisions to 

its fee schedules promptly, and thus is 

unable to grant any extension request of 

the comment period. 

ADDRESSES: You may submit comments 

by any of the following methods (unless 

this document describes a different 

method for submitting comments on a 

specific subject); however, the NRC 

encourages electronic comment 

submission through the Federal 

rulemaking website: 

• Federal rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0031. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rule. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Rossi, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

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

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Background; Statutory Authority 

III. Discussion 

IV. Regulatory Flexibility Certification 

V. Regulatory Analysis 

VI. Backfitting and Issue Finality 

VII. Plain Writing 

VIII. National Environmental Policy Act 

IX. Paperwork Reduction Act 

Public Protection Notification 

X. Voluntary Consensus Standards 

XI. Availability of Guidance 

XII. Public Meeting 

XIII. Availability of Documents 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2020– 

0031 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 website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0031. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

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

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209 or 

301–415–4737, or by email to 

pdr.resource@nrc.gov. For the 

convenience of the reader, the ADAMS 

accession numbers are provided in the 

‘‘Availability of Documents’’ section of 

this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to pdr.resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

submission of comments through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2020–0031 in your 

comment. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment. The NRC 

will post all comments at https://

www.regulations.gov as well as enter the 

comments into ADAMS. The NRC does 

not routinely edit comments 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 comments. Your 

request should state that the NRC does 

not routinely edit comments to remove 

such information before making the 

comments available to the public or 

entering the comments into ADAMS. 


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10082 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

II. Background; Statutory Authority 

The NRC’s fee regulations are 

primarily governed by two laws: (1) The 

Independent Offices Appropriation Act, 

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

the Nuclear Energy Innovation and 

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

2215). The IOAA authorizes and 

encourages Federal agencies to recover, 

to the fullest extent possible, costs 

attributable to services provided to 

identifiable recipients. Under NEIMA, 

the NRC must recover, to the maximum 

extent practicable, approximately 100 

percent of its annual budget, less the 

budget authority for excluded activities. 

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

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

Commission, generic homeland security 

activities, waste incidental to 

reprocessing activities, Nuclear Waste 

Fund activities, advanced reactor 

regulatory infrastructure activities, 

Inspector General services for the 

Defense Nuclear Facilities Safety Board, 

research and development at 

universities in areas relevant to the 

NRC’s mission, and a nuclear science 

and engineering grant program. 

In fiscal year (FY) 2022, the fee-relief 

activities identified by the Commission 

are consistent with prior fee rules and 

include Agreement State oversight, 

regulatory support to Agreement States, 

medical isotope production 

infrastructure, fee exemptions for nonprofit educational institutions, costs not 

recovered from small entities under 

§ 171.16(c) of title 10 of the Code of 

Federal Regulations (10 CFR), generic 

decommissioning/reclamation activities, 

the NRC’s uranium recovery program 

and unregistered general licenses, 

potential U.S. Department of Defense 

Program Memorandum of 

Understanding activities (Military 

Radium-226), and non-military radium 

sites. In addition, the resources for 

import and export licensing are 

identified as a fee-relief activity to be 

excluded from the fee-recovery 

requirement. 

Under NEIMA, the NRC must use its 

IOAA authority first to collect service 

fees for NRC work that provides specific 

benefits to identifiable recipients (such 

as licensing work, inspections, and 

special projects). The NRC’s regulations 

in 10 CFR part 170, ‘‘Fees for Facilities, 

Materials, Import and Export Licenses, 

and Other Regulatory Services Under 

the Atomic Energy Act of 1954, as 

Amended,’’ explain how the agency 

collects service fees from specific 

beneficiaries. Because the NRC’s fee 

recovery under the IOAA (10 CFR part 

170) will not equal 100 percent of the 

agency’s total budget authority for the 

fiscal year (less the budget authority for 

excluded activities), the NRC also 

assesses ‘‘annual fees’’ under 10 CFR 

part 171, ‘‘Annual Fees for Reactor 

Licenses and Fuel Cycle Licenses and 

Materials Licenses, Including Holders of 

Certificates of Compliance, 

Registrations, and Quality Assurance 

Program Approvals and Government 

Agencies Licensed by the NRC,’’ to 

recover the remaining amount necessary 

to comply with NEIMA. 

III. Discussion 

FY 2022 Fee Collection—Overview 

The NRC is issuing this FY 2022 

proposed fee rule based on the FY 2022 

budget request as further described in 

the NRC’s FY 2022 Congressional 

Budget Justification (CBJ) (NUREG– 

1100, Volume 37) because a full-year 

appropriation has not yet been enacted 

for FY 2022. The amount used for total 

budget authority in this proposed rule is 

$887.7 million, an increase of $43.3 

million from FY 2021. As explained 

previously, certain portions of the 

NRC’s total budget authority for the 

fiscal year are excluded from NEIMA’s 

fee-recovery requirement under Section 

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

2022 budget request, these exclusions 

total $131.0 million, an increase of $8.0 

million from FY 2021. These excluded 

activities consist of $91.5 million for 

fee-relief activities, $23.1 million for 

advanced reactor regulatory 

infrastructure activities, $14.3 million 

for generic homeland security activities, 

$1.0 million for waste incidental to 

reprocessing activities, and $1.1 million 

for Inspector General services for the 

Defense Nuclear Facilities Safety Board. 

Table I summarizes the excluded 

activities for the FY 2022 proposed fee 

rule. The FY 2021 amounts are provided 

for comparison purposes. 

TABLE I—EXCLUDED ACTIVITIES

(Dollars in millions) 

FY 2021 

final rule 

FY 2022 

proposed rule 

Fee-Relief Activities: 

International activities ....................................................................................................................................... 24.7 25.5 

Agreement State oversight ............................................................................................................................... 10.4 11.1 

Medical isotope production infrastructure ........................................................................................................ 7.0 3.7 

Fee exemption for nonprofit educational institutions ....................................................................................... 9.3 11.6 

Costs not recovered from small entities under 10 CFR 171.16(c) .................................................................. 7.8 7.4 

Regulatory support to Agreement States ......................................................................................................... 12.3 12.1 

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

fuel storage fee classes) ............................................................................................................................... 14.9 15.9 

Uranium recovery program and unregistered general licensees ..................................................................... 3.7 3.0 

Potential Department of Defense remediation program Memorandum of Understanding activities ............... 1.0 0.9 

Non-military radium sites .................................................................................................................................. 0.2 0.3 

Subtotal Fee-Relief Activities ........................................................................................................................... 91.2 91.5 

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

Reprocessing activities, and the Defense Nuclear Facilities Safety Board) ....................................................... 14.1 16.4 

Advanced reactor regulatory infrastructure activities .............................................................................................. 17.7 23.1 

Total Excluded Activities .................................................................................................................................. 123.0 131.0 

After accounting for the exclusions 

from the fee-recovery requirement and 

net billing adjustments (i.e., for FY 2022 

invoices that the NRC estimates will not 

be paid during the fiscal year, less 

payments received in FY 2022 for prior 

year invoices), the NRC must recover 

approximately $752.2 million in fees in 

FY 2022. Of this amount, the NRC 


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estimates that $188.9 million will be 

recovered through 10 CFR part 170 

service fees and approximately $563.3 

million will be recovered through 10 

CFR part 171 annual fees. Table II 

summarizes the fee-recovery amounts 

for the FY 2022 proposed fee rule using 

the budget request and takes into 

account the budget authority for 

excluded activities and net billing 

adjustments. For all information 

presented in the following tables, 

individual values may not sum to totals 

due to rounding. Please see the work 

papers, available as indicated in the 

‘‘Availability of Documents’’ section of 

this document, for actual amounts. 

In FY 2021, the explanatory statement 

associated with the Consolidated 

Appropriations Act, 2021, included 

direction for the NRC to use $35.0 

million in prior-year unobligated 

carryover funds, including $16.0 million 

for the University Nuclear Leadership 

Program. Since a full-year appropriation 

has not yet been enacted, the FY 2022 

proposed fee rule is based on the FY 

2022 budget request. Therefore, this 

proposed fee rule does not account for 

the utilization of carryover funds. The 

FY 2021 amounts are provided for 

comparison purposes. 

TABLE II—BUDGET AND FEE RECOVERY AMOUNTS

(Dollars in millions) 

FY 2021 

Final rule 

FY 2022 

Proposed rule 

Total Budget Authority ....................................................................................................................................... $844.4 $887.7 

Less Budget Authority for Excluded Activities: .................................................................................................. ¥123.0 ¥131.0 

Balance ....................................................................................................................................................... 721.4 756.7 

Fee Recovery Percent ....................................................................................................................................... 100 100 

Total Amount to be Recovered: ........................................................................................................................ 721.4 756.7 

Less Estimated Amount to be Recovered through 10 CFR Part 170 Fees .............................................. ¥190.6 ¥188.9 

Estimated Amount to be Recovered through 10 CFR Part 171 Fees ....................................................... 530.8 567.8

10 CFR Part 171 Billing Adjustments: 

Unpaid Current Year Invoices (estimated) ................................................................................................. 2.1 2.0 

Less Current Year Collections from a Terminated Reactor—Indian Point Nuclear Generating, Unit 2 in 

FY 2020 and Indian Point Nuclear Generating, Unit 3 in FY 2021 ....................................................... ¥2.7 N/A 

Less Payments Received in Current Year for Previous Year Invoices (estimated) ......................................... ¥12.8 ¥6.5 

Adjusted Amount to be Recovered through 10 CFR parts 170 and 171 Fees ................................................ 708.0 752.2 

Adjusted 10 CFR part 171 Annual Fee Collections Required .......................................................................... 517.4 563.3 

FY 2022 Fee Collection—Professional 

Hourly Rate 

The NRC uses a professional hourly 

rate to assess fees under 10 CFR part 170 

for specific services it provides. The 

professional hourly rate also helps 

determine flat fees (which are used for 

the review of certain types of license 

applications). This rate is applicable to 

all activities for which fees are assessed 

under §§ 170.21 and 170.31. 

The NRC’s professional hourly rate is 

derived by adding budgeted resources 

for (1) mission-direct program salaries 

and benefits, (2) mission-indirect 

program support, and (3) agency 

support (corporate support and the 

Inspector General). The NRC then 

subtracts certain offsetting receipts and 

divides this total by the mission-direct 

full-time equivalent (FTE) converted to 

hours (the mission-direct FTE converted 

to hours is the product of the missiondirect FTE multiplied by the estimated 

annual mission-direct FTE productive 

hours). The only budgeted resources 

excluded from the professional hourly 

rate are those for mission-direct contract 

resources, which are generally billed to 

licensees separately. The following 

shows the professional hourly rate 

calculation: 

For FY 2022, the NRC is proposing to 

increase the professional hourly rate 

from $288 to $291. The 0.9 percent 

increase in the professional hourly rate 

is primarily due to a 1.5 percent 

increase in budgetary resources of 

approximately $11.2 million. The 

increase in budgetary resources is, in 

turn, primarily due to an increase in 

salaries and benefits to support Federal 

pay raises for NRC employees. The 

anticipated increase in the number of 

mission-direct FTE compared to FY 

2021 is an offset to the increase in the 

professional hourly rate. The number of 

mission-direct FTE is expected to 

increase by 10, primarily to support new 

reactor licensing activities, including 

the review of design certifications, preapplication activities, and the review of 

combined license (COL) applications. 

The FY 2022 estimate for annual 

mission-direct FTE productive hours is 

1,510 hours, which is unchanged from 

FY 2021. This estimate, also referred to 

as the productive hours assumption, 

reflects the average number of hours 

that a mission-direct employee spends 

on mission-direct work in a given year. 

This estimate, therefore, excludes hours 

charged to annual leave, sick leave, 

holidays, training, and general 

administrative tasks. Table III shows the 

professional hourly rate calculation 

methodology. The FY 2021 amounts are 

provided for comparison purposes. 


khammond on DSKJM1Z7X2PROD with PROPOSALSEP23FE22.000</GPH>

Professional 

Hourly Rate 

= Budgeted Resources 

Mission-Direct FTE Converted to 

Hours 

= $7 43.4 million 

1,694 X 1,510 = $291 
10084 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

1The fees collected by the NRC for Freedom of 

Information Act (FOIA) services and indemnity fees 

(financial protection required of all licensees for 

public liability claims at 10 CFR part 140) are 

subtracted from the budgeted resources amount 

when calculating the 10 CFR part 170 professional 

hourly rate, per the guidance in the Office of 

Management and Budget (OMB) Circular A–25, 

User Charges. The budgeted resources for FOIA 

activities are allocated under the product for 

Information Services within the Corporate Support 

business line. The budgeted resources for 

indemnity activities are allocated under the 

Licensing Actions and Research and Test Reactors 

products within the Operating Reactors business 

line. 

TABLE III—PROFESSIONAL HOURLY RATE CALCULATION

[Dollars in millions, except as noted] 

FY 2021 

final rule 

FY 2022 

proposed rule 

Mission-Direct Program Salaries & Benefits ........................................................................................................... $335.3 $348.9 

Mission-Indirect Program Support ........................................................................................................................... $113.2 $115.6 

Agency Support (Corporate Support and the IG) ................................................................................................... $283.7 $278.9 

Subtotal .................................................................................................................................................................... $732.2 $743.4 

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

Total Budgeted Resources Included in Professional Hourly Rate .......................................................................... $732.2 $743.4 

Mission-Direct FTE (Whole numbers) ..................................................................................................................... 1,684 1,694 

Annual Mission-Direct FTE Productive Hours (Whole numbers) ............................................................................ 1,510 1,510 

Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual Mission-Direct FTE Productive Hours) ............................................................................................................................................................ 2,542,840 2,557,940 

Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by MissionDirect FTE Converted to Hours) (Whole Numbers) ............................................................................................ $288 $291 

FY 2022 Fee Collection—Flat 

Application Fee Changes 

The NRC proposes to amend the flat 

application fees it charges in its 

schedule of fees in §§ 170.21 and 170.31 

to reflect the revised professional hourly 

rate of $291. The NRC charges these fees 

to applicants for materials licenses and 

other regulatory services, as well as to 

holders of materials licenses. The NRC 

calculates these flat fees by multiplying 

the average professional staff hours 

needed to process the licensing actions 

by the professional hourly rate for FY 

2022. As part of its calculations, the 

NRC analyzes the actual hours spent 

performing licensing actions and 

estimates the five-year average of 

professional staff hours that are needed 

to process licensing actions as part of its 

biennial review of fees. These actions 

are required by Section 205(a) of the 

Chief Financial Officers Act of 1990 (31 

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

this review in FY 2021 and will perform 

this review again in FY 2023. The 

higher professional hourly rate of $291 

is the primary reason for the increase in 

flat application fees (see the work 

papers). 

In order to simplify billing, the NRC 

rounds these flat fees to a minimal 

degree. Specifically, the NRC rounds 

these flat fees (up or down) in such a 

way that ensures both convenience for 

its stakeholders and minimal effects due 

to rounding. Accordingly, fees under 

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

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

rounded to the nearest $100, and fees 

greater than $100,000 are rounded to the 

nearest $1,000. 

The flat fees are applicable for certain 

materials licensing actions (see fee 

categories 1.C. through 1.D., 2.B. 

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

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

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

§ 170.31). Applications filed on or after 

the effective date of the FY 2022 final 

fee rule will be subject to the revised 

fees in the final rule. 

In accordance with NEIMA, in FY 

2022, the NRC identified international 

activities, including the resources for 

import and export licensing activities, 

as a fee-relief activity to be excluded 

from the fee-recoverable budget. The FY 

2021 final fee rule, published in the 

Federal Register (86 FR 32146; June 16, 

2021), provided for fees to be charged 

for import and export licensing actions, 

consistent with the FY 2021 budget 

request. However, charging fees under 

10 CFR part 170 for import and export 

licensing actions during the effective 

dates of the FY 2021 final fee rule 

would be inconsistent with the 

Commission’s substantive fee policy 

decision in the FY 2022 budget request 

and would result in the NRC imposing 

fees for import and export licensing 

actions for only one FY between FY 

2018 and FY 2022. This would not be 

fair and equitable and could also lead to 

confusion for the affected import and 

export license applicants/licensees. 

Therefore, in light of the particular facts 

and unique history associated with this 

matter, on August 20, 2021, the Chief 

Financial Officer concluded that it 

would be in the public interest to grant 

an exemption from the provisions in the 

FY 2021 final fee rule (in §§ 170.21 and 

170.31) that would require fees for 

import and export licensing actions in 

accordance with § 170.11(b). In 

accordance with the Commission’s 

substantive fee policy decision for FY 

2022, fees will not be assessed for 

import and exporting licensing activities 

(see fee categories K.1. through K.5. of 

§ 170.21 and fee categories 15.A. 

through 15.R. of § 170.31) under this 

proposed rule. 

FY 2022 Fee Collection—Low-Level 

Waste Surcharge 

As in prior years, the NRC proposes 

to assess a generic low-level waste 

(LLW) surcharge of $4.3 million. 

Disposal of LLW occurs at commercially 

operated LLW disposal facilities that are 

licensed by either the NRC or an 

Agreement State. Four existing LLW 

disposal facilities in the United States 

accept various types of LLW. All are 

located in Agreement States and, 

therefore, are regulated by an Agreement 

State, rather than the NRC. The NRC 

proposes to allocate this surcharge to its 

licensees based on data available in the 

U.S. Department of Energy’s (DOE) 

Manifest Information Management 

System. This database contains 

information on total LLW volumes 

disposed of by four generator classes: 

Academic, industrial, medical, and 

utility. The ratio of waste volumes 

disposed of by these generator classes to 

total LLW volumes disposed over a 

period of time is used to estimate the 

portion of this surcharge that will be 

allocated to the power reactors, fuel 

facilities, and the materials users fee 

classes. The materials users fee class 

portion is adjusted to account for the 

large percentage of materials licensees 


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that are licensed by the Agreement 

States rather than the NRC. 

Table IV shows the allocation of the 

LLW surcharge and its allocation across 

the various fee classes. 

TABLE IV—ALLOCATION OF LLW SURCHARGE FY 2022 

[Dollars in millions] 

Fee classes 

LLW surcharge 

Percent $ 

Operating Power Reactors ...................................................................................................................................... 87.5 3.7 

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

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

Fuel Facilities ........................................................................................................................................................... 9.9 0.4 

Materials Users ........................................................................................................................................................ 2.6 0.1 

Transportation .......................................................................................................................................................... 0.0 0.0 

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

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

Total .................................................................................................................................................................. 100.0 4.3 

FY 2022 Fee Collection—Revised 

Annual Fees 

In accordance with SECY–05–0164, 

‘‘Annual Fee Calculation Method,’’ the 

NRC rebaselines its annual fees every 

year. ‘‘Rebaselining’’ entails analyzing 

the budget in detail and then allocating 

the FY 2022 budgeted resources to 

various classes or subclasses of 

licensees. It also includes updating the 

number of NRC licensees in its fee 

calculation methodology. 

The NRC is proposing revisions to its 

annual fees in §§ 171.15 and 171.16 to 

recover approximately 100 percent of 

the NRC’s FY 2022 budget request (less 

the budget authority for excluded 

activities 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 

are $188.9 million, which is a decrease 

of $1.6 million from the FY 2021 final 

rule. The NRC, therefore, must recover 

$563.3 million through annual fees from 

its licensees, which is an increase of 

$43.1 million from the FY 2021 final 

rule. 

Table V shows the proposed 

rebaselined fees for FY 2022 for a 

sample of licensee categories. The FY 

2021 amounts are provided for 

comparison purposes. 

TABLE V—REBASELINED ANNUAL FEES

[Actual dollars] 

Class/category of licenses 

FY 2021 

final annual 

fee 

FY 2022 

proposed 

annual fee 

Operating Power Reactors ...................................................................................................................................... $4,749,000 $5,165,000 

+ Spent Fuel Storage/Reactor Decommissioning ................................................................................................... 237,000 254,000 

Total, Combined Fee ........................................................................................................................................ 4,986,000 5,419,000 

Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... 237,000 254,000 

Non-Power Production or Utilization Facilities ........................................................................................................ 80,000 93,000 

High Enriched Uranium Fuel Facility (Category 1.A.(1)(a)) .................................................................................... 4,643,000 4,441,000 

Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b)) ..................................................................................... 1,573,000 1,505,000 

Uranium Enrichment (Category 1.E) ....................................................................................................................... 2,023,000 1,935,000 

UF6 Conversion and Deconversion Facility (Category 2.A.(1) ............................................................................... 467,000 447,000 

Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .......................................................................................... 47,200 47,000 

Typical Users: 

Radiographers (Category 3O) .......................................................................................................................... 29,100 29,700 

All Other Specific Byproduct Material Licensees (Category 3P) ..................................................................... 9,900 9,900 

Medical Other (Category 7C) ........................................................................................................................... 16,800 17,000 

Device/Product Safety Evaluation—Broad (Category 9A) ...................................................................................... 17,900 18,200 

The work papers that support this 

proposed rule show in detail how the 

NRC allocates the budgeted resources 

for each class of licensees and calculates 

the fees. 

Paragraphs a. through h. of this 

section describe the budgeted resources 

allocated to each class of licensees and 

the calculations of the rebaselined fees. 

For more information about detailed fee 

calculations for each class, please 

consult the accompanying work papers 

for this proposed rule. 

a. Operating Power Reactors 

The NRC proposes to collect $485.5 

million in annual fees from the 

operating power reactors fee class in FY 

2022, as shown in Table VI. The FY 

2021 operating power reactors fees are 

shown for comparison purposes. 


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TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations FY 2021 

final rule 

FY 2022 

proposed rule 

Total budgeted resources ........................................................................................................................................ $611.8 $645.1 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥161.6 ¥160.0 

Net 10 CFR part 171 resources ....................................................................................................................... 450.2 485.1 

Allocated generic transportation .............................................................................................................................. 0.3 0.5 

Allocated LLW surcharge ........................................................................................................................................ 2.9 3.7 

Billing adjustment ..................................................................................................................................................... ¥9.1 ¥3.9 

Adjustment: Estimated current year collections from a terminated reactor (Indian Point Generating, Unit 3 in 

FY 2021) .............................................................................................................................................................. ¥2.7 N/A 

Total required annual fee recovery .................................................................................................................. 441.7 485.5 

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

Annual fee per operating reactor ............................................................................................................................. $4.749 $5.165 

In comparison to FY 2021, the FY 

2022 proposed annual fee for the 

operating power reactors fee class is 

increasing primarily due to the 

following: (1) An increase in budgeted 

resources; (2) a reduction of the 10 CFR 

part 171 billing adjustment; (3) the 

absence of the collection adjustment 

that was provided in FY 2021 due to the 

shutdown of Indian Point Generating, 

Unit 3; and (4) a decrease in 10 CFR part 

170 estimated billings. The increase in 

the annual fee for the operating power 

reactors fee class is partially offset due 

to the increase in the total number of 

operating power reactors from 93 to 94. 

These components are discussed in the 

following paragraphs. 

The budgeted resources for the 

operating power reactors fee class 

increased primarily due to the 

following: (1) An increase in contract 

funding in the information technology 

program to support the Mission 

Analytics Portal (a tool to enhance the 

agency’s ability to leverage data to 

support mission activities), to develop 

infrastructure to increase analytics 

capabilities using artificial intelligence, 

and to develop mobile applications for 

resident inspectors; (2) an increase in 

certain contract costs in the areas of 

research, event response, and licensing 

due to the absence of authorized prior 

year unobligated carryover funding 

compared to FY 2021; (3) to support 

new reactor licensing activities for the 

review of the Westinghouse eVinci 

micro reactor design certification, the 

review of the NuScale Power, LLC 

standard design approval application, 

and pre-application activities for three 

non-light water reactors and COL 

applications; and (4) security-related 

pre-application activities for the Utah 

Associated Municipal Power Systems 

application. These new reactor 

resources are offset by a decrease in 

oversight resulting from the anticipated 

transition of Vogtle Electric Generating 

Plant, Units 3 and 4 (Vogtle Units 3 and 

4), from construction into operation. 

The proposed annual fee is also 

increasing due to the following 

contributing factors: (1) A lower 10 CFR 

part 171 billing adjustment credit than 

was included in the operating power 

reactors fee class calculation in FY 2021 

from the deferral of annual fees and 

service fees due to the coronavirus 

disease (COVID–19) pandemic; and (2) 

the absence of the one-time current year 

collection adjustment that resulted in a 

credit of $2,700,000 due to the 

shutdown of Indian Point Nuclear 

Generating, Unit 3, in FY 2021. 

Furthermore, the proposed annual fee 

for the operating power reactors fee 

class is increasing due to a decrease in 

the 10 CFR part 170 estimated billings 

as a result of the following: (1) The 

NRC’s denial of the Oklo Power, LLC 

COL application to build and operate 

the Aurora compact fast reactor and (2) 

a decrease in hours associated with 

operator reactor licensing activities. The 

decrease in 10 CFR part 170 estimated 

billings is offset by an increase in work 

due to the following: (1) An anticipated 

rise in in-person inspections and travel 

as COVID–19 impacts become less 

prominent; (2) an increase in operating 

reactors license renewal applications; 

and (3) licensing activities to support 

the planned reviews of new power 

reactor designs. 

The fee-recoverable budgeted 

resources are divided equally among the 

94 licensed operating power reactors, an 

increase of one operating power reactor 

compared to FY 2021 due to the 

proposed assessment of annual fees for 

Vogtle Unit 3, resulting in an annual fee 

of $5,165,000 per reactor. Additionally, 

each licensed operating power reactor 

will be assessed the FY 2022 spent fuel 

storage/reactor decommissioning annual 

fee of $254,000 (see Table VII and the 

discussion that follows). The combined 

FY 2022 proposed annual fee for each 

operating power reactor is $5,419,000. 

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

established a new cap for the annual 

fees charged to operating reactor 

licensees; under this provision, the 

annual fee for an operating reactor 

licensee, to the maximum extent 

practicable, shall not exceed the annual 

fee amount per operating reactor 

licensee established in the FY 2015 final 

fee rule (80 FR 37432; June 30, 2015), 

adjusted for inflation. The NRC 

included an estimate of the operating 

power reactors annual fee in Appendix 

C, ‘‘Estimated Operating Power Reactors 

Annual Fee,’’ of the FY 2022 budget 

request, with the intent to increase 

transparency with stakeholders. The 

NRC developed this estimate based on 

the staff’s allocation of the FY 2022 

budget request to fee classes under 10 

CFR part 170, and allocations within the 

operating power reactors fee class under 

10 CFR part 171. In addition, the 

estimated annual fee assumed 94 

operating power reactors in FY 2022 

and applied various data assumptions 

from the FY 2021 final fee rule (86 FR 

32146; June 16, 2021). Based on these 

allocations and assumptions, the 

operating power reactor annual fee 

included in the FY 2022 budget request 

was estimated to be $4.8 million, 

approximately $0.6 million below the 

FY 2015 operating power reactors 

annual fee amount adjusted for inflation 

of $5.5 million. Although the FY 2022 

budget request included the estimated 

operating power reactors annual fee, the 

assumptions made between budget 

formulation and the development of the 

FY 2022 proposed rule have changed; 

however, the FY 2022 proposed annual 

fee of $5,165,000 remains below the FY 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10087 

2015 operating power reactors annual 

fee amount adjusted for inflation. 

In FY 2016, the NRC amended its 

licensing, inspection, and annual fee 

regulations to establish a variable 

annual fee structure for light-water 

small modular reactors (SMRs) (81 FR 

32617). Under the variable annual fee 

structure, an SMR annual fee would be 

assessed as a function of its bundled 

licensed thermal power rating. 

Currently, there are no operating SMRs; 

therefore, the NRC will not assess an 

annual fee in FY 2022 for this type of 

licensee. 

b. Spent Fuel Storage/Reactor 

Decommissioning 

The NRC proposes to collect $31.3 

million in annual fees from 10 CFR part 

50 power reactor licensees, and from 10 

CFR part 72 licensees that do not hold 

a 10 CFR part 50 license, to recover the 

budgeted resources for the spent fuel 

storage/reactor decommissioning fee 

class in FY 2022, as shown in Table VII. 

The FY 2021 spent fuel storage/reactor 

decommissioning fees are shown for 

comparison purposes. 

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

[Dollars in millions] 

Summary fee calculations 

FY 2021 

final 

rule 

FY 2022 

proposed rule 

Total budgeted resources ........................................................................................................................................ $42.2 $40.4 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥13.8 ¥10.3 

Net 10 CFR part 171 resources ....................................................................................................................... 28.4 30.2 

Allocated generic transportation costs .................................................................................................................... 1.1 1.4 

Billing adjustments ................................................................................................................................................... ¥0.6 ¥0.3 

Total required annual fee recovery .................................................................................................................. 28.9 31.3 

Total spent fuel storage facilities ...................................................................................................................... 122 123 

Annual fee per facility .............................................................................................................................................. 0.237 0.254 

In comparison to FY 2021, the FY 

2022 proposed annual fee for the spent 

fuel storage/reactor decommissioning 

fee class is increasing primarily due to 

the following: (1) The decline in the 10 

CFR part 170 estimated billings and (2) 

a reduction of the 10 CFR part 171 

billing adjustment. The increase in the 

proposed annual fee is partially offset 

by a decrease in the budgeted resources. 

These components are discussed in the 

following paragraphs. 

The 10 CFR part 170 estimated 

billings for the spent fuel storage/reactor 

decommissioning fee class decreased 

primarily due to the following: (1) A 

reduction in hours and contract support 

associated with the staff’s review of 

applications for renewals and 

amendments for independent spent fuel 

storage installation (ISFSI) licenses and 

dry cask storage certificates of 

compliance (CoCs); (2) the completion 

of the review of the Interim Storage 

Partners consolidated interim storage 

facility application and issuance of the 

license; and (3) the near completion of 

the staff’s review of the Holtec HI– 

STORE consolidated interim storage 

facility application. This decrease in the 

10 CFR part 170 estimated billings is 

partially offset by increased work, 

including the following: (1) Inspection 

activities, exemption requests, and 

financial assurance reviews for ISFSI 

licenses and dry cask storage CoCs; (2) 

the staff’s review of a new fuel storage 

system; and (3) activities within the 

power reactor decommissioning 

program to support Indian Point 

Generating Unit 2’s transition to 

decommissioning, the staff’s review of a 

license transfer application for 

Kewaunee, and an increase in contract 

support for license termination plan 

activities, cooling tower demo surveys, 

and confirmatory surveys. 

The increase in the annual fee is also 

due to a lower 10 CFR part 171 billing 

adjustment credit than was included in 

the spent fuel storage/reactor 

decommissioning fee class calculation 

in FY 2021 from the deferral of annual 

fees and service fees due to the COVID– 

19 pandemic. 

The increase in the annual fee for the 

spent fuel storage/reactor 

decommissioning fee class is partially 

offset by a decline in budgeted resources 

with changes in workload primarily due 

to the completion of the license 

application reviews for the consolidated 

interim storage facilities and renewals 

for other ISFSIs. The decrease in the 

budgeted resources is offset by an 

increase in contract costs due to the 

absence of prior year unobligated 

carryover funding compared to FY 2021. 

The required annual fee recovery 

amount is divided equally among 123 

licensees, resulting in a FY 2022 annual 

fee of $254,000 per licensee. 

c. Fuel Facilities 

The NRC proposes to collect $16.8 

million in annual fees from the fuel 

facilities fee class in FY 2022, as shown 

in Table VIII. The FY 2021 fuel facilities 

fees are shown for comparison 

purposes. 

TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2021 

final rule 

FY 2022 

proposed rule 

Total budgeted resources ........................................................................................................................................ $23.3 $22.4 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥7.3 ¥7.8 

Net 10 CFR part 171 resources ....................................................................................................................... 16.0 14.6 

Allocated generic transportation .............................................................................................................................. 1.5 1.9 

Allocated LLW surcharge ........................................................................................................................................ 0.3 0.4 


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

[Dollars in millions] 

Summary fee calculations FY 2021 

final rule 

FY 2022 

proposed rule 

Billing adjustments ................................................................................................................................................... ¥0.4 ¥0.2 

Total remaining required annual fee recovery ................................................................................................. 17.5 16.8 

In comparison to FY 2021, the FY 

2022 proposed annual fee for the fuel 

facilities fee class is decreasing 

primarily due to the decrease in 

budgeted resources and the increase in 

10 CFR part 170 estimated billings as 

discussed in the following paragraphs. 

The budgeted resources for the fuel 

facilities fee class decreased primarily 

due to the following: (1) Efficiencies 

gained as a result of implemented 

enhancements to the licensing program 

and 2) enhancements made to the fuel 

facility oversight program through the 

implementation of the smarter 

inspection program. 

The 10 CFR part 170 estimated 

billings increased as a result of the 

following: (1) The review of a new fuel 

facility license application, including 

the environmental review, for TRISO–X 

and (2) the staff’s continued review of 

the Westinghouse Electric Company, 

LLC license renewal application. 

The NRC will continue allocating 

annual fees to individual fuel facility 

licensees based on the effort/fee 

determination matrix developed in the 

FY 1999 final fee rule (64 FR 31447; 

June 10, 1999). To briefly recap, the 

matrix groups licensees within this fee 

class into various fee categories. The 

matrix lists processes that are conducted 

at licensed sites and assigns effort 

factors for the safety and safeguards 

activities associated with each process 

(these effort levels are reflected in Table 

IX). The annual fees are then distributed 

across the fee class based on the 

regulatory effort assigned by the matrix. 

The effort factors in the matrix represent 

regulatory effort that is not recovered 

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

rulemaking, guidance). Regulatory effort 

for activities that are subject to 10 CFR 

part 170 fees, such as the number of 

inspections, is not applicable to the 

effort factor. 

TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2022 

Facility type 

(fee category) 

Number of 

facilities 

Effort factors 

Safety Safeguards 

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

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

Limited Operations (1.A.(2)(a)) .................................................................................................... 1 3 17 

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

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

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

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

In FY 2022, the total remaining 

amount of the proposed annual fees to 

be recovered, $16.8 million, is 

attributable to safety activities, 

safeguards activities, and the LLW 

surcharge. For FY 2022, the total 

budgeted resources proposed to be 

recovered as annual fees for safety 

activities are $8.9 million. To calculate 

the annual fee, the NRC allocates this 

amount to each fee category based on its 

percentage of the total regulatory effort 

for safety activities. Similarly, the NRC 

allocates the budgeted resources to be 

recovered as annual fees for safeguards 

activities, $7.5 million, to each fee 

category based on its percentage of the 

total regulatory effort for safeguards 

activities. Finally, the fuel facilities fee 

class portion of the LLW surcharge— 

$0.4 million—is allocated to each fee 

category based on its percentage of the 

total regulatory effort for both safety and 

safeguards activities. The proposed 

annual fee per licensee is then 

calculated by dividing the total 

allocated budgeted resources for the fee 

category by the number of licensees in 

that fee category. The proposed annual 

fee for each facility is summarized in 

Table X. 

TABLE X—ANNUAL FEES FOR FUEL FACILITIES

[Actual dollars] 

Facility type 

(fee category) 

FY 2021 

final 

annual fee 

FY 2022 

proposed 

annual fee 

High-Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................ $4,643,000 $4,441,000 

Low-Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................................. 1,573,000 1,505,000 

Facilities with limited operations (1.A.(2)(a)) ........................................................................................................... 1,037,000 992,000 

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

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

Uranium Enrichment (1.E.) ...................................................................................................................................... 2,023,000 1,935,000 

UF6 Conversion and Deconversion (2.A.(1)) .......................................................................................................... 467,000 447,000 


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2Congress established the two programs, Title I 

and Title II, under UMTRCA to protect the public 

and the environment from hazards associated with 

uranium milling. The UMTRCA Title I program is 

for remedial action at abandoned mill tailings sites 

where tailings resulted largely from production of 

uranium for weapons programs. The NRC also 

regulates DOE’s UMTRCA Title II program, which 

is directed toward uranium mill sites licensed by 

the NRC or Agreement States in or after 1978. 

d. Uranium Recovery Facilities 

The NRC proposes to collect $0.2 

million in annual fees from the uranium 

recovery facilities fee class in FY 2022, 

as shown in Table XI. The FY 2021 

uranium recovery facilities fees are 

shown for comparison purposes. 

TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2021 

final rule 

FY 2022 

proposed rule 

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

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥0.3 ¥0.5 

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

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

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

Total required annual fee recovery .................................................................................................................. 0.2 0.2 

In comparison to FY 2021, the FY 

2022 proposed annual fee for the nonDOE licensee in the uranium recovery 

facilities fee class is decreasing slightly 

due to an increase in 10 CFR part 170 

estimated billings to support an increase 

in casework for Crow Butte Resources, 

Inc. related to its license renewal and to 

support a dam safety inspection. 

The NRC regulates DOE’s Title I and 

Title II activities under the Uranium 

Mill Tailings Radiation Control Act 

(UMTRCA).2 The annual fee assessed to 

DOE includes the resources specifically 

budgeted for the NRC’s UMTRCA Title 

I and II activities, as well as 10 percent 

of the remaining budgeted resources for 

this fee class. The NRC described the 

overall methodology for determining 

fees for UMTRCA in the FY 2002 fee 

rule (67 FR 42625; June 24, 2002), and 

the NRC continues to use this 

methodology. The DOE’s UMTRCA 

proposed annual fee is increasing 

compared to FY 2021 due to an increase 

in budgetary resources attributed to 

generic work that staff will be 

performing to resolve issues associated 

with the transfer of NRC and Agreement 

State uranium mill tailings sites to the 

DOE for long-term surveillance and 

maintenance. The increase in the annual 

fee is offset by an increase in the 10 CFR 

part 170 estimated billings for the 

anticipated workload increases at 

various DOE UMTRCA sites. The NRC 

assesses the remaining 90 percent of its 

budgeted resources to the remaining 

licensee in this fee class, as described in 

the work papers, which is reflected in 

Table XII. 

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

[Actual dollars] 

Summary of costs 

FY 2021 

final 

annual fee 

FY 2022 

proposed 

annual fee 

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

UMTRCA Title I and Title II budgeted resources less 10 CFR part 170 receipts ........................................... $111,536 $170,294 

10 percent of generic/other uranium recovery budgeted resources ................................................................ 5,241 5,222 

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

Total Annual Fee Amount for DOE (rounded) .......................................................................................... 117,000 176,000 

Annual Fee Amount for Other Uranium Recovery Licenses: 

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

for UMTRCA Title I and Title II activities ...................................................................................................... 47,166 46,994 

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

Total Annual Fee Amount for Other Uranium Recovery Licenses ........................................................... 47,166 46,994 

Further, for any non-DOE licensees, 

the NRC will continue using a matrix to 

determine the effort levels associated 

with conducting generic regulatory 

actions for the different licensees in the 

uranium recovery facilities fee class; 

this is similar to the NRC’s approach for 

fuel facilities, described previously. The 

matrix methodology for uranium 

recovery licensees first identifies the 

licensee categories included within this 

fee class (excluding DOE). These 

categories are: Conventional uranium 

mills and heap leach facilities, uranium 

in situ recovery (ISR) and resin ISR 

facilities, and mill tailings disposal 

facilities. The matrix identifies the types 

of operating activities that support and 

benefit these licensees, along with each 

activity’s relative weight (see the work 

papers). Currently, there is only one 

remaining non-DOE licensee, which is a 

basic in situ recovery facility. Table XIII 

displays the benefit factors for the nonDOE licensee in that fee category. 


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10090 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

3 In the FY 2021 final fee rule, the decimal places 

for the ‘‘allocated generic transportation’’ and 

‘‘billing adjustments’’ calculations were adjusted to 

the thousandths place instead of the correct ten 

thousandths place. There was no impact to the 

overall calculation for the FY 2021 final fee rule. 

The revised dollar amounts for FY 2021 are shown 

here to align with the rest of Table XV and provide 

a clearer comparison to the FY 2022 proposed fees. 

TABLE XIII—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)) ............................................. 0 0 0 0 

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

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

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

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

The FY 2022 proposed annual fee for 

the remaining non-DOE licensee is 

calculated by allocating 100 percent of 

the budgeted resources, as summarized 

in Table XIV. 

TABLE XIV—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES

[Other than DOE] 

[Actual dollars] 

Facility type 

(fee category) 

FY 2021 

final annual 

fee 

FY 2022 

proposed 

annual fee 

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

Basic In Situ Recovery facilities (2.A.(2)(b)) ........................................................................................................... $47,200 $47,000 

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

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

e. Non-Power Production or Utilization 

Facilities 

The NRC proposes to collect $0.279 

million in annual fees from the nonpower production or utilization 

facilities fee class in FY 2022, as shown 

in Table XV. The final FY 2021 nonpower production or utilization 

facilities fees are shown for comparison 

purposes. 

TABLE XV—ANNUAL FEE SUMMARY CALCULATIONS FOR NON-POWER PRODUCTION OR UTILIZATION FACILITIES

[Actual dollars] 

Summary fee calculations FY 2021 

final rule 

FY 2022 

proposed rule 

Total budgeted resources ........................................................................................................................................ $2,896,754 $6,079,694 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥2,576,000 ¥5,803,000 

Net 10 CFR part 171 resources ....................................................................................................................... 320,754 276,694 

Allocated generic transportation 3 ............................................................................................................................ 43,302 38,860 

Billing adjustments 3 ................................................................................................................................................. ¥43,915 ¥36,633 

Total required annual fee recovery .................................................................................................................. 320,141 278,921 

Total non-power production or utilization facilities licenses ............................................................................. 4 3 

Total annual fee per license (rounded) ................................................................................................................... $80,000 $93,000 

In comparison to FY 2021, the FY 

2022 proposed annual fee for the nonpower production or utilization 

facilities fee class is increasing, 

primarily due to the decrease of nonpower production or utilization 

facilities from four to three due to the 

expected transition of the Aerotest 

Radiography and Research Reactor to 

decommissioning. 

In FY 2022, the budgetary resources 

for the non-power production or 

utilization facilities fee class are 

primarily increasing because of an 

increase in workload associated with 

medical isotope production facilities 

and advanced research and test reactors. 

In addition, the 10 CFR part 170 

estimated billings with respect to the 

medical isotope production facilities 

and advanced research and test reactors 

are increasing primarily due to the 

following: (1) The staff’s review of the 

operating license application for SHINE 

Medical Technologies, LLC and 

construction inspection activities; (2) 

the staff’s review of the Kairos Power 

application for a permit to construct a 

test reactor; (3) pre-application 

meetings; and (4) the review of topical 

reports. The 10 CFR part 170 estimated 

billings associated with the current fleet 

of operating non-power production or 

utilization facilities licensees subject to 

annual fees are increasing to support the 

following: (1) Activities associated with 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10091 

the review of the GE Nuclear Test 

Reactor license renewal application and 

amendments and (2) activities 

associated with the special team 

inspection and restart for the National 

Institute of Standards and Technology 

Neutron Reactor. 

The annual fee-recovery amount is 

divided equally among the three nonpower production or utilization 

facilities licensees subject to annual fees 

and results in an FY 2022 proposed 

annual fee of $93,000 for each licensee. 

f. Rare Earth 

The agency received an application 

for a rare earth facility in FY 2021. In 

FY 2022, the NRC has allocated 

approximately $0.2 million in budgeted 

resources to this fee class; however, 

because all the budgetary resources will 

be recovered through service fees 

assessed under 10 CFR part 170, the 

NRC is not proposing to assess and 

collect annual fees in FY 2022 for this 

fee class. 

g. Materials Users 

The NRC proposes to collect $35.0 

million in annual fees from materials 

users licensed under 10 CFR parts 30, 

40, and 70 in FY 2022, as shown in 

Table XVI. The FY 2021 materials users 

fees are shown for comparison 

purposes. 

TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations FY 2021 

final rule 

FY 2022 

proposed rule 

Total budgeted resources for licensees not regulated by Agreement States ......................................................... $35.1 $34.1 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥1.0 ¥0.9 

Net 10 CFR part 171 resources ....................................................................................................................... 34.1 33.2 

Allocated generic transportation .............................................................................................................................. 1.5 1.8 

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

Billing adjustments ................................................................................................................................................... ¥0.4 ¥0.2 

Total required annual fee recovery .................................................................................................................. 35.3 35.0 

The formula for calculating 10 CFR 

part 171 annual fees for the various 

categories of materials users is described 

in detail in the work papers. Generally, 

the calculation results in a single annual 

fee that includes 10 CFR part 170 costs, 

such as amendments, renewals, 

inspections, and other licensing actions 

specific to individual fee categories. 

The total annual fee recovery of $35.0 

million for FY 2022 shown in Table XVI 

consists of $27.2 million for general 

costs, $7.7 million for inspection costs, 

and $0.1 million for LLW costs. To 

equitably and fairly allocate the $35.0 

million required to be collected among 

approximately 2,460 diverse materials 

users licensees, the NRC continues to 

calculate the annual fees for each fee 

category within this class based on the 

10 CFR part 170 application fees and 

estimated inspection costs for each fee 

category. Because the application fees 

and inspection costs are indicative of 

the complexity of the materials license, 

this approach provides a proxy for 

allocating the generic and other 

regulatory costs to the diverse fee 

categories. This fee calculation method 

also considers the inspection frequency 

(priority), which is indicative of the 

safety risk and resulting regulatory costs 

associated with the categories of 

licenses. 

In comparison to FY 2021, the FY 

2022 proposed annual fees are 

increasing for 44 fee categories within 

the materials users fee class primarily 

due to the following: (1) An increase in 

the budgeted resources for inspections 

activities compared to the FY 2021 

biennial review of inspection hours; (2) 

a decline in 10 CFR part 170 estimated 

billings; (3) an increase in generic 

transportation costs for materials users; 

and (4) a reduction of materials users 

licensees from FY 2021. 

A constant multiplier is established to 

recover the total general costs (including 

allocated generic transportation costs) of 

$27.2 million. To derive the constant 

multiplier, the general cost amount is 

divided by the sum of all fee categories 

(application fee plus the inspection fee 

divided by inspection priority) then 

multiplied by the number of licensees. 

This calculation results in a constant 

multiplier of 1.0 for FY 2022. The 

average inspection cost is the average 

inspection hours for each fee category 

multiplied by the professional hourly 

rate of $291. The inspection priority is 

the interval between routine 

inspections, expressed in years. The 

inspection multiplier is established in 

order to recover the $7.7 million in 

inspection costs. To derive the 

inspection multiplier, the inspection 

costs amount is divided by the sum of 

all fee categories (inspection fee divided 

by inspection priority) then multiplied 

by the number of licensees. This 

calculation results in an inspection 

multiplier of 1.47 for FY 2022. The 

unique category costs are any special 

costs that the NRC has budgeted for a 

specific category of licenses. Please see 

the work papers for more detail about 

this classification. 

The proposed annual fee being 

assessed to each licensee also takes into 

account a share of approximately $0.11 

million in LLW surcharge costs 

allocated to the materials users fee class 

(see Table IV, ‘‘Allocation of LLW 

Surcharge, FY 2022,’’ in Section III, 

‘‘Discussion,’’ of this document). The 

proposed annual fee for each fee 

category is shown in the proposed 

revision to § 171.16(d). 

h. Transportation 

The NRC proposes to collect $1.7 

million in annual fees to recover generic 

transportation budgeted resources in FY 

2022, as shown in Table XVII. The FY 

2021 fees are shown for comparison 

purposes. 


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10092 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee calculations FY 2021 

final rule 

FY 2022 

proposed rule 

Total budgeted resources ........................................................................................................................................ $8.3 $10.2 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥2.3 ¥2.8 

Net 10 CFR part 171 resources ....................................................................................................................... 5.9 7.3 

Less generic transportation resources .................................................................................................................... ¥4.5 ¥5.7 

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

Total required annual fee recovery .................................................................................................................. 1.4 1.7 

In comparison to FY 2021, the FY 

2022 proposed annual fee for the 

transportation fee class is increasing 

primarily due to an increase in the 

budgeted resources offset by: (1) An 

increase in the 10 CFR part 170 

estimated billings and (2) generic 

transportation resources allocated to 

other fee classes as discussed in the 

following paragraphs. 

In FY 2022, the budget resources 

increased primarily due to the 

following: (1) To support the staff’s 

review of transportation package 

applications (including the reviews of 

accident tolerant fuels (ATF)); (2) to 

support research activities along with 

the development of technical bases for 

the review of transportation packages 

loaded with batch quantities of fresh 

ATF; and (3) an increase in certain 

contract costs due to the absence of 

prior year unobligated carryover 

funding compared to FY 2021. 

The increase in the proposed annual 

fee is offset by an increase in 10 CFR 

part 170 estimated billings related to the 

review of new amendment packages and 

generic transportation resources 

allocated to respective fee classes due to 

an increase in the number of CoCs. 

Consistent with the policy established 

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

FR 30721; May 30, 2006), the NRC 

recovers generic transportation costs 

unrelated to DOE by including those 

costs in the annual fees for licensee fee 

classes. The NRC continues to assess a 

separate annual fee under § 171.16, fee 

category 18.A., for DOE transportation 

activities. The amount of the allocated 

generic resources is calculated by 

multiplying the percentage of total CoCs 

used by each fee class (and DOE) by the 

total generic transportation resources to 

be recovered. 

This resource distribution to the 

licensee fee classes and DOE is shown 

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

facilities fee class, the NRC allocates the 

distribution to only those licensees that 

are subject to annual fees. Although five 

CoCs benefit the entire non-power 

production or utilization facilities fee 

class, only three out of 31 non-power 

production or utilization facilities 

licensees are subject to annual fees. 

Consequently, the number of CoCs used 

to determine the proportion of generic 

transportation resources allocated to 

annual fees for the non-power 

production or utilization facilities fee 

class has been adjusted to 0.5 so these 

licensees are charged a fair and 

equitable portion of the total fees (see 

the work papers). 

TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2022 

[Dollars in millions] 

Licensee fee class/DOE 

Number of 

CoCs 

benefiting fee 

class or DOE 

Percentage 

of total 

CoCs 

Allocated 

generic 

transportation 

resources 

Materials Users ............................................................................................................................ 23.0 25.1 $1.8 

Operating Power Reactors .......................................................................................................... 6.0 6.6 0.5 

Spent Fuel Storage/Reactor Decommissioning .......................................................................... 17.0 18.6 1.4 

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

Fuel Facilities ............................................................................................................................... 24.0 26.2 1.9 

Sub-Total of Generic Transportation Resources ................................................................. 70.5 77.0 5.6 

DOE ............................................................................................................................................. 21.0 23.0 1.7 

Total ...................................................................................................................................... 91.5 100.0 7.3 

The NRC assesses an annual fee to 

DOE based on the 10 CFR part 71 CoCs 

it holds. The NRC, therefore, does not 

allocate these DOE-related resources to 

other licensees’ annual fees because 

these resources specifically support 

DOE. 

FY 2022—Policy Changes 

The NRC is not proposing any policy 

changes for FY 2022. 

FY 2022—Administrative Changes 

The NRC is proposing five 

administrative changes in FY 2022: 

1. Amend § 170.3, ‘‘Definitions,’’ by 

deleting the definition for the phrase 

review is completed and incorporating 

language from the definition into 

§ 170.12(b)(3). 

The NRC proposes to amend § 170.3 

by eliminating the definition for the 

phrase review is completed and 

incorporating language from the 

definition into § 170.12(b)(3). The 

definition is unnecessary in 10 CFR part 

170 because this phrase is only 

referenced one time. This proposed 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10093 

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

been amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996, Pulic Law 104– 

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

amendment would not impact the 

NRC’s assessment of 10 CFR part 170 

service fees. 

2. Amend § 170.11, ‘‘Exemptions,’’ by 

clarifying exemption requirements. 

The NRC proposes to amend 

paragraph (a)(1)(i) by replacing the word 

‘‘that’’ with ‘‘where the request/report,’’ 

for consistency with the use of the latter 

phrase in the introductory text of 

paragraph (a)(1). In addition, the NRC 

proposes to amend paragraph (c) by 

replacing the word ‘‘work’’ with 

‘‘request/report’’ for consistency with 

paragraph (a)(1) and to avoid any 

potential ambiguity about what is 

considered the ‘‘work’’ for purposes of 

the 90-day period in which the fee 

exemption must be submitted to the 

NRC’s Chief Financial Officer. 

The NRC also proposes to amend 

§ 170.11(a)(1)(ii) by retaining the 

‘‘generic regulatory improvements’’ 

clause in paragraph (a)(1)(ii) and 

moving ‘‘Office Director level or above,’’ 

to a new paragraph (a)(1)(iii). These 

changes would clarify that the Chief 

Financial Officer may grant an 

exemption when the review of a 

request/report, at the time it is 

submitted, would ‘‘assist the NRC in 

generic regulatory improvements or 

efforts,’’ even if there is no ‘‘request 

from the Office Director level or above’’ 

to resolve ‘‘an identified safety, 

safeguards, or environmental issue.’’ 

Finally, the NRC proposes to move 

paragraph (a)(13) on CFO 

communications to a new paragraph (d) 

because this is not an exemption 

category but rather a separate 

requirement applicable to all fee 

exemption requests under 10 CFR part 

170. 

These proposed amendments to 

§ 170.11 would not change the NRC’s 

fee exemption policy. 

3. Amend § 170.12(f), ‘‘Method of 

payment,’’ by clarifying the types of 

payments, updating the contact 

information for payments, and 

clarifying the payment method. 

The NRC proposes to amend 

paragraph (f) by replacing ‘‘all license 

fees’’ with ‘‘all fee payments under 10 

CFR part 170,’’ for additional clarity. 

Currently, paragraph (f) states, in part, 

that all license fee payments are to be 

payable to the U.S. Nuclear Regulatory 

Commission. Since paragraph (f) applies 

to all fees and not only licensing fees, 

this proposed amendment would 

provide additional clarity for fee 

payments under 10 CFR part 170. In 

addition, the NRC proposes to further 

amend paragraph (f) by replacing 

‘‘License Fee and Accounts Receivable 

Branch’’ with the ‘‘Office of the Chief 

Financial Officer’’ to remove reference 

to a specific branch because the Office 

of the Chief Financial Officer collects 

fees for the NRC. This proposed 

amendment would eliminate the need to 

revise the branch information after 

reorganizations or branch name 

changes. Finally, the NRC is proposing 

to revise paragraph (f) to clarify that fee 

payments can be made electronically 

using www.Pay.gov or manually using 

NRC Form 629, ‘‘Authorization for 

Payment by Credit Card,’’ which will 

align with the terms and conditions that 

are currently being updated to clarify 

the methods of payment. 

4. Add footnote 6 to the table in 

§ 170.21, ‘‘Schedule of fees for 

production and utilization facilities, 

review of standard referenced design 

approvals, special projects, inspections, 

and import and export licenses,’’ and 

footnote 12 to the table in § 170.31, 

‘‘Schedule of fees for materials licenses 

and other regulatory services, including 

inspections, and import and export 

licenses.’’ 

The NRC proposes to add footnote 6 

to the table in § 170.21 and footnote 12 

to the table in § 170.31. In accordance 

with NEIMA, in FY 2022, the NRC 

identified international activities, 

including the resources for import and 

export licensing activities, as a fee-relief 

activity to be excluded from the feerecoverable budget. Therefore, the NRC 

is not proposing to charge fees for 

import and export licensing actions. 

5. Add footnote 13 to the table in 

§ 170.31 for clarity. 

The NRC proposes to add footnote 13 

to the table in § 170.31 to clarify, with 

respect to 10 CFR part 170 fees, that 

licensees paying fees under 4.A., 4.B. or 

4.C. in the table are not subject to 

paying fees under 3.N. The proposed 

footnote would be identical to footnote 

21 to the table in § 171.16(d). 

Update on the Fees Transformation 

Initiative 

In the staff requirements 

memorandum, dated October 19, 2016, 

for SECY–16–0097, ‘‘Fee Setting 

Improvements and Fiscal Year 2017 

Proposed Fee Rule,’’ the Commission 

directed the staff to accelerate its 

process improvements for setting fees. 

In addition, the Commission directed 

the staff to begin the fees transformation 

activities listed in SECY–16–0097 as 

‘‘Process Changes Recommended for 

Future Consideration—FY 2018 and 

Beyond.’’ The NRC has completed 39 of 

the 40 fees transformation activities. 

The one fees transformation activity 

yet to be completed is the rulemaking to 

update the NRC’s small business size 

standards in § 2.810, ‘‘NRC size 

standards.’’ The NRC published a 

proposed rule on July 26, 2021 (86 FR 

39980) and provided a 30-day comment 

period, which closed August 25, 2021. 

The NRC proposed to increase the upper 

and lower tiers for its receipts-based 

small entity size standards for small 

businesses and small not-for-profit 

organizations. This change would allow 

the NRC’s standards to remain 

consistent with the inflation 

adjustments made by the Small 

Business Administration size standard 

for nonmanufacturing concerns. In 

addition, in accordance with the Small 

Business Runway Extension Act of 

2018, the NRC proposed changing the 

calculation of annual average receipts 

for the receipts-based NRC size standard 

for small businesses that provide a 

service or for small businesses not 

engaged in manufacturing from a 3-year 

averaging period to a 5-year averaging 

period. The NRC did not receive public 

comments on the proposed rule and is 

in the process of publishing the final 

rule. The NRC will include updates on 

this rulemaking activity in the FY 2022 

final fee rule to ensure that affected 

licensees are adequately informed. The 

public can track all NRC rulemaking 

activities, including the rulemaking on 

the NRC’s size standards, on the NRC’s 

Rulemaking Tracking and Reporting 

system at https://www.nrc.gov/readingrm/doc-collections/rulemakingruleforum/active/RuleIndex.html, or by 

Docket ID NRC–2014–0264 at http://

www.regulations.gov. 

For more information, see the fees 

transformation accomplishments 

schedule, located on the NRC’s license 

fees website: https://www.nrc.gov/ 

about-nrc/regulatory/licensing/feestransformation-accomplishments.html. 

IV. Regulatory Flexibility Certification 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),4 the NRC has prepared a 

regulatory flexibility analysis related to 

this proposed rule. The regulatory 

flexibility analysis is available as 

indicated in the ‘‘Availability of 

Documents’’ section of this document. 

V. Regulatory Analysis 

Under NEIMA, the NRC is required to 

recover, to the maximum extent 

practicable, approximately 100 percent 

of its annual budget for FY 2022 less the 

budget authority for excluded activities. 

The NRC established fee methodology 

guidelines for 10 CFR part 170 in 1978 

and established additional fee 

methodology guidelines for 10 CFR part 


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10094 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

171 in 1986. In subsequent rulemakings, 

the NRC has adjusted its fees without 

changing the underlying principles of 

its fee policy to ensure that the NRC 

continues to comply with the statutory 

requirements for cost recovery. 

In this proposed rule, the NRC 

continues this longstanding approach. 

Therefore, the NRC did not identify any 

alternatives to the current fee structure 

guidelines and did not prepare a 

regulatory analysis for this proposed 

rule. 

VI. Backfitting and Issue Finality 

The NRC has determined that the 

backfit rule, § 50.109, does not apply to 

this proposed rule and that a backfit 

analysis is not required because these 

amendments do not require the 

modification of, or addition to, (1) 

systems, structures, components, or the 

design of a facility; (2) the design 

approval or manufacturing license for a 

facility; or (3) the procedures or 

organization required to design, 

construct, or operate a facility. 

VII. Plain Writing 

The Plain Writing Act of 2010 (Public 

Law 111–274) requires Federal agencies 

to write documents in a clear, concise, 

and well-organized manner. The NRC 

wrote this document to be consistent 

with the Plain Writing Act, as well as 

the Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31885). 

The NRC requests comment on the 

clarity and effectiveness of the language 

used in this proposed rule. 

VIII. National Environmental Policy 

Act 

The NRC has determined that this 

proposed rule is the type of action 

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

neither an environmental impact 

statement nor environmental assessment 

has been prepared for this proposed 

rule. 

IX. Paperwork Reduction Act 

This proposed rule does not contain 

a collection of information as defined in 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) and, therefore, 

is not subject to the requirements of the 

Act. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

X. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this proposed rule, the 

NRC proposes to amend the licensing, 

inspection, and annual fees charged to 

its licensees and applicants, as 

necessary, to recover, to the maximum 

extent practicable, approximately 100 

percent of its annual budget for FY 2022 

less the budget authority for excluded 

activities, as required by NEIMA. This 

action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

XI. Availability of Guidance 

The Small Business Regulatory 

Enforcement Fairness Act requires all 

Federal agencies to prepare a written 

compliance guide for each rule for 

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

604 to prepare a regulatory flexibility 

analysis. The NRC, in compliance with 

the law, prepared the ‘‘Small Entity 

Compliance Guide’’ for the FY 2021 fee 

rule. The compliance guide was 

developed when the NRC completed the 

small entity biennial review for FY 

2021. The NRC plans to continue to use 

this compliance guide for FY 2022 and 

has relabeled the compliance guide to 

reflect the current fiscal year. This 

compliance guide is available as 

indicated in the ‘‘Availability of 

Documents’’ section of this document. 

XII. Public Meeting 

The NRC will conduct a public 

meeting to describe the FY 2022 

proposed rule and answer questions 

from the public on the proposed rule. 

The NRC will publish a notice of the 

location, time, and agenda of the 

meeting on the NRC’s public meeting 

website within 10 calendar days of the 

meeting. Stakeholders should monitor 

the NRC’s public meeting website for 

information about the public meeting at: 

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

public-meetings/index.cfm. 

XIII. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Documents ADAMS accession No./FR citation/web link 

NUREG–1100, Volume 37, ‘‘Congressional Budget Justification: Fiscal Year 2022’’ (June 2021) ... ML21181A336. 

FY 2022 Proposed Rule Work Papers ................................................................................................ ML22032A035. 

OMB Circular A–25, ‘‘User Charges’’ .................................................................................................. https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/circulars/ 

a025/a025.html. 

‘‘Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021,’’ dated June 16, 2021 ................ 86 FR 32146. 

‘‘Public Interest Exemption from Provisions in the Fiscal Year 2021 Fee Rule that Require Fees 

for Import/Export Licensing Actions,’’ dated August 20, 2021.

ML21209A553. 

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

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

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

‘‘Revision of Fee Schedules; 100% Fee Recovery, FY 1999,’’ dated June 10, 1999 ........................ 64 FR 31447. 

‘‘Revision of Fee Schedules; Fee Recovery for FY 2002,’’ dated June 24, 2002 .............................. 67 FR 42625. 

‘‘Revision of Fee Schedules; Fee Recovery for FY 2006,’’ dated May 30, 2006 ............................... 71 FR 30721. 

SECY–16–0097, ‘‘Fee Setting Improvements and Fiscal Year 2017 Proposed Fee Rule,’’ dated 

August 15, 2016.

ML16194A365. 

Staff Requirements Memorandum for SECY–16–0097, dated October 19, 2016 .............................. ML16293A902. 

‘‘Receipts-Based NRC Size Standards,’’ dated July 26, 2021 ........................................................... 86 FR 39980. 

Fees Transformation Accomplishments .............................................................................................. https://www.nrc.gov/about-nrc/regulatory/licensing/fees-transformation-accomplishments.html. 

FY 2022 Regulatory Flexibility Analysis .............................................................................................. ML21363A153. 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10095 

Documents ADAMS accession No./FR citation/web link 

FY 2022 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide .............................. ML21347A005. 

List of Subjects 

10 CFR Part 170 

Byproduct material, Import and 

export licenses, Intergovernmental 

relations, Non-payment penalties, 

Nuclear energy, Nuclear materials, 

Nuclear power plants and reactors, 

Source material, Special nuclear 

material. 

10 CFR Part 171 

Annual charges, Approvals, 

Byproduct material, Holders of 

certificates, Intergovernmental relations, 

Nonpayment penalties, Nuclear 

materials, Nuclear power plants and 

reactors, Registrations, Source material, 

Special nuclear material. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

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

the NRC is proposing to amend 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: Atomic Energy Act of 1954, 

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

Energy Reorganization Act of 1974, sec. 201 

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

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

§ 170.3 [Amended] 

■ 2. In § 170.3, remove the definition for 

‘‘Review is completed’’. 

■ 3. In § 170.11: 

■ a. Revise paragraphs (a)(1) and (c); and 

■ b. Redesignate paragraph (a)(13) as 

paragraph (d). 

The revisions read as follows: 

§ 170.11 Exemptions. 

(a) * * * 

(1) A special project that is a request/ 

report submitted to the NRC— 

(i) In response to a generic letter or 

NRC bulletin, where the request/report 

does not result in an amendment to the 

license, does not result in the review of 

an alternate method or reanalysis to 

meet the requirements of the generic 

letter, or does not involve an 

unreviewed safety issue; 

(ii) When the NRC, at the time the 

request/report is submitted, plans to use 

the information to assist the NRC in 

generic regulatory improvements or 

efforts (e.g., rules, regulatory guides, 

regulations, policy statements, generic 

letters, or bulletins); or 

(iii) When the NRC, at the time the 

request/report is submitted, plans to use 

the information in response to an NRC 

request from the Office Director level or 

above to resolve an identified safety, 

safeguards, or environmental issue. 

* * * * * 

(c) For purposes of paragraph (a)(1) of 

this section, a request for a fee 

exemption must be submitted to the 

Chief Financial Officer within 90 days 

of the date of the NRC’s receipt of the 

request/report. 

* * * * * 

■ 4. In § 170.12, revise paragraphs (b)(3) 

and (f) to read as follows. 

§ 170.12 Payment of fees. 

* * * * * 

(b) * * * 

(3) The NRC intends to bill each 

applicant or licensee at quarterly 

intervals for all accumulated costs for 

each application the applicant or 

licensee has on file for NRC review, 

until the review has been brought to an 

end, whether by issuance of a permit, 

license, approval, certificate, exemption, 

or other form of permission; by denial, 

withdrawal, or suspension of review of 

the application; or by postponement of 

action on the application by the 

applicant. 

* * * * * 

(f) Method of payment. All fee 

payments under 10 CFR part 170 are to 

be made payable to the U.S. Nuclear 

Regulatory Commission. The payments 

are to be made in U.S. funds by 

electronic funds transfer such as ACH 

(Automated Clearing House) using E.D.I. 

(Electronic Data Interchange), check, 

draft, money order, or credit card 

(submit electronic payment at 

www.Pay.gov or manual payment using 

the NRC Form 629, ‘‘Authorization for 

Payment by Credit Card’’). Payment of 

invoices of $5,000 or more should be 

paid via ACH through the NRC’s 

Lockbox Bank at the address indicated 

on the invoice. Credit card payments 

should be made up to the limit 

established by the credit card bank at 

the address indicated on the invoice. 

Specific written instructions for making 

electronic payments and credit card 

payments may be obtained by 

contacting the Office of the Chief 

Financial Officer at 301–415–7554. In 

accordance with Department of the 

Treasury requirements, refunds will 

only be made upon receipt of 

information on the payee’s financial 

institution and bank accounts. 

* * * * * 

§ 170.20 [Amended] 

■ 5. In § 170.20, remove the dollar 

amount ‘‘$288’’ and add in its place the 

dollar amount ‘‘$291’’. 

■ 6. In § 170.21, in table 1, revise the 

table entry for ‘‘K, Import and export 

licenses’’ and add footnote 6 to read as 

follows: 

§ 170.21 Schedule of fees for production 

and utilization facilities, review of standard 

referenced design approvals, special 

projects, inspections and import and export 

licenses. 

* * * * * 

TABLE 1 TO § 170.21—SCHEDULE OF FACILITY FEES

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

*******

K. Import and export licenses: 6

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). 


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10096 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

TABLE 1 TO § 170.21—SCHEDULE OF FACILITY FEES—Continued 

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

Application—new license, or amendment; or license exemption request ..................................................................... N/A 

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 ..................................................................... N/A 

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 ..................................................................... N/A 

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 ..................................................................... N/A 

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 .......................................................................................................................................... N/A 

1Fees 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. 

***** 6Because the resources for import and export licensing activities are identified as a fee-relief activity to be excluded from the fee-recoverable 

budget, import and export licensing actions will not incur fees. 

■ 7. In § 170.31, revise table 1 to read as 

follows: 

§ 170.31 Schedule of fees for materials 

licenses and other regulatory services, 

including inspections, and import and 

export licenses. 

* * * * * 

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

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

1. Special nuclear material: 11

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

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

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

21210].

Full Cost. 

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

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

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

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

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

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

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

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

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.4

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

23310].

$2,700. 

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

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

chapter, for development and testing of commercial products, and other non-fuel-cycle activities.4 6 [Program Code(s): 

22155].

Full Cost. 

2. Source material: 11

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

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

Full Cost. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10097 

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

[See footnotes at end of table] 

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

(2) Licenses 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.6

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

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

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

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

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

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

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

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

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

Full Cost. 

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

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

by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2) 6 [Program 

Code(s): 12010].

Full Cost. 

B. Licenses which authorize the possession, use, and/or installation of source material for shielding.7 8

Application [Program Code(s): 11210] ............................................................................................................................... $1,300 

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

this chapter. 

Application [Program Code(s): 11240] ............................................................................................................................... $6,200. 

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

Application [Program Code(s): 11230, 11231] ................................................................................................................... $2,900. 

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] ............................................................................................................................... $2,800. 

F. All other source material licenses. 

Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ...................................................... $2,800. 

3. Byproduct material: 11

A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. 

Application [Program Code(s): 03211, 03212, 03213] ....................................................................................................... $13,600. 

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

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

of locations of use: 6–20. 

Application [Program Code(s): 04010, 04012, 04014] ............................................................................................... $18,100. 

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

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

of locations of use: more than 20. 

Application [Program Code(s): 04011, 04013, 04015] ............................................................................................... $22,600. 

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

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

Application [Program Code(s): 03214, 03215, 22135, 22162] .......................................................................................... $3,700. 

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

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

20. 

Application [Program Code(s): 04110, 04112, 04114, 04116] ................................................................................... $5,000. 

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

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

more than 20. 

Application [Program Code(s): 04111, 04113, 04115, 04117] ................................................................................... $6,200. 

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

or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1–5. 

Application [Program Code(s): 02500, 02511, 02513] ....................................................................................................... $5,400. 

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

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions 

whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6–20. 

Application [Program Code(s): 04210, 04212, 04214] ............................................................................................... $7,200. 

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

distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions 

whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20. 

Application [Program Code(s): 04211, 04213, 04215] ............................................................................................... $9,000. 

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


khammond on DSKJM1Z7X2PROD with PROPOSALS
10098 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

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

[See footnotes at end of table] 

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

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

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

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

Application [Program Code(s): 03511] ............................................................................................................................... $6,800. 

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

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

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

Application [Program Code(s): 03521] ............................................................................................................................... $64,900. 

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

device review to persons exempt from the licensing requirements of part 30 of this chapter. 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] ....................................................................................................... $6,900. 

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

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

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

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

Application [Program Code(s): 03250, 03251, 03253, 03256] .......................................................................................... $15,500. 

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

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

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

Application [Program Code(s): 03240, 03241, 03243] ....................................................................................................... $2,100. 

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] ................................................................................................................... $1,200. 

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

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

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ...................................................... $5,700. 

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

Application [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] ............................................... $7,600. 

(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: More 

than 20. 

Application [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] ............................................... $9,500. 

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

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

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

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

4.C.13

Application [Program Code(s): 03219, 03225, 03226] ............................................................................................... $9,300. 

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

operations. Number of locations of use: 1–5. 

Application [Program Code(s): 03310, 03320] ................................................................................................................... $9,200. 

(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 6–20. 

Application [Program Code(s): 04310, 04312] ............................................................................................................ $12,300. 

(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: more than 20. 

Application [Program Code(s): 04311, 04313] ............................................................................................................ $15,400. 

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

use: 1–5. 

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

03222, 03800, 03810, 22130].

$6,600. 

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

of use: 6–20. 

Application [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, 

04430, 04432, 04434, 04436, 04438].

$8,800. 

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

of use: More than 20. 

Application [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, 

04431, 04433, 04435, 04437, 04439].

$11,000. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10099 

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

[See footnotes at end of table] 

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

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 § 31.12 of this chapter which exceed the number 

of items or limits specified in that section.5

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

than or equal to 10 times the number of items or limits specified. 

Application [Program Code(s): 02700] ........................................................................................................................ $2,700. 

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

chapter. 

Application [Program Code(s): 02710] ........................................................................................................................ $2,600. 

S. Licenses for production of accelerator-produced radionuclides. 

Application [Program Code(s): 03210] ............................................................................................................................... $14,900. 

4. Waste disposal and processing: 11

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

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

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

of packages to another person authorized to receive or dispose of waste material. 

Application [Program Code(s): 03231, 03233, 03236, 06100, 06101] .............................................................................. Full Cost. 

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

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

by transfer to another person authorized to receive or dispose of the material. 

Application [Program Code(s): 03234] ............................................................................................................................... $7,200. 

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] ............................................................................................................................... $5,200. 

5. Well logging: 11 ............................................................................................................................................................................. $4,800. 

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].

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

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

6. Nuclear laundries: 11

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

Application [Program Code(s): 03218] ............................................................................................................................... $23,200. 

7. Medical licenses: 11

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

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

or similar beam therapy devices. Number of locations of use: 1–5. 

Application [Program Code(s): 02300, 02310] ................................................................................................................... $11,600. 

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

devices, or similar beam therapy devices. Number of locations of use: 6–20. 

Application [Program Code(s): 04510, 04512] ............................................................................................................ $15,500. 

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

devices, or similar beam therapy devices. Number of locations of use: More than 20. 

Application [Program Code(s): 04511, 04513] ............................................................................................................ $19,300. 

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

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

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

Number of locations of use: 1–5. 

Application [Program Code(s): 02110] ............................................................................................................................... $9,100. 

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

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

Application [Program Code(s): 04710] ........................................................................................................................ $12,100. 

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

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

Application [Program Code(s): 04711] ........................................................................................................................ $15,100. 

C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.10 Number of locations of use: 1–5. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
10100 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

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

[See footnotes at end of table] 

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

Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ................. $11,000. 

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

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

material in sealed sources contained in teletherapy devices.10 Number of locations of use: 6–20. 

Application [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] .......... $9,100. 

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

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

material in sealed sources contained in teletherapy devices.10 Number of locations of use: More than 20. 

Application [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] .......... $11,400. 

8. Civil defense: 11

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

activities. 

Application [Program Code(s): 03710] ............................................................................................................................... $2,700. 

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 ................................................................................................................................................... $18,100. 

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 ................................................................................................................................................... $9,400. 

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

reactor fuel, for commercial distribution. 

Application—each source ................................................................................................................................................... $5,500. 

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 ................................................................................................................................................... $1,100 

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

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

2. Users. 

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

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

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

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

12. Special projects: 

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

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

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

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

14. Decommissioning/Reclamation: 11

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

materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200] 

Full Cost. 

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

the sites have been previously licensed. 

Full Cost. 

15. Import and Export licenses: 12

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

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

15.A. through 15.E.). 

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

Application—new license, or amendment; or license exemption request .................................................................. N/A. 

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

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

requires the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection Agency, etc.). 

Application—new license, or amendment; or license exemption request .................................................................. N/A. 

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

natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances. 

Application—new license, or amendment; or license exemption request .................................................................. N/A. 

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


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10101 

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

[See footnotes at end of table] 

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

Application—new license, or amendment; or license exemption request .................................................................. N/A. 

E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and 

conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not 

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

Minor amendment ....................................................................................................................................................... N/A. 

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

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

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

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

additional consent see fee category 15.I. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

this process. For additional consents see fee category 15.I. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

export license. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

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

review under § 110.42(e)(4) of this chapter). 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

L. Application for the export of Category 2 materials. 

Application—new license, or amendment; or license exemption request ......................................................................... N/A. 

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

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

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

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

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

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

R. Minor amendment of any active export license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the 

type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, 

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

Minor amendment .............................................................................................................................................................. N/A. 

16. Reciprocity: 

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

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

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

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

18. Department of Energy. 

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

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

Full Cost 

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

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

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

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

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

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

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

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

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

prescribed application fee for the highest fee category. 

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

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

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

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

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

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

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

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

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

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


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10102 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

authorized on the same license. 

PART 171—ANNUAL FEES FOR 

REACTOR LICENSES AND FUEL 

CYCLE LICENSES AND MATERIALS 

LICENSES, INCLUDING HOLDERS OF 

CERTIFICATES OF COMPLIANCE, 

REGISTRATIONS, AND QUALITY 

ASSURANCE PROGRAM APPROVALS 

AND GOVERNMENT AGENCIES 

LICENSED BY THE NRC 

■ 8. The authority citation for part 171 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

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

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

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

■ 9. In § 171.15, revise paragraphs (b)(1), 

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

introductory text, and (e) to read as 

follows: 

§ 171.15 Annual fees: Non-power 

production or utilization licenses, reactor 

licenses, and independent spent fuel 

storage licenses. 

* * * * * 

(b)(1) The FY 2022 annual fee for each 

operating power reactor that must be 

collected by September 30, 2022, is 

$5,165,000. 

(2) The FY 2022 annual fees are 

comprised of a base annual fee for 

power reactors licensed to operate, a 

base spent fuel storage/reactor 

decommissioning annual fee and 

associated additional charges. The 

activities comprising the spent fuel 

storage/reactor decommissioning base 

annual fee are shown in paragraphs 

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

activities comprising the FY 2022 base 

annual fee for operating power reactors 

are as follows: 

* * * * * 

(c)(1) The FY 2022 annual fee for each 

power reactor holding a 10 CFR part 50 

license or combined license issued 

under 10 CFR part 52 that is in a 

decommissioning or possession-only 

status and has spent fuel onsite, and for 

each independent spent fuel storage 10 

CFR part 72 licensee who does not hold 

a 10 CFR part 50 license or a 10 CFR 

part 52 combined license, is $254,000. 

(2) The FY 2022 annual fee is 

comprised of a base spent fuel storage/ 

reactor decommissioning annual fee 

(which is also included in the operating 

power reactor annual fee shown in 

paragraph (b) of this section). The 

activities comprising the FY 2022 spent 

fuel storage/reactor decommissioning 

rebaselined annual fee are: 

* * * * * 

(e) The FY 2022 annual fee for 

licensees authorized to operate one or 

more non-power production or 

utilization facilities under a single 10 

CFR part 50 license, unless the reactor 

is exempted from fees under § 171.11(b), 

is $93,000. 

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

introductory text and (d) to read as 

follows: 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(b) The FY 2022 annual fee is 

comprised of a base annual fee and 

associated additional charges. The base 

FY 2022 annual fee is the sum of 

budgeted costs for the following 

activities: 

* * * * * 

(d) The FY 2022 annual fees for 

materials licensees and holders of 

certificates, registrations, or approvals 

subject to fees under this section are 

shown in table 2 to this paragraph (d): 

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

BY NRC 

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

1. Special nuclear material: 

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


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10103 

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

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

(a) Strategic Special Nuclear Material (High Enriched Uranium) 15 [Program Code(s): 21213] .......................................... $4,441,000 

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

21210] ................................................................................................................................................................................ $1,505,000 

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

(a) Facilities with limited operations 15 [Program Code(s): 21310, 21320] ........................................................................... $992,000 

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

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

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

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

chapter, in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers. [Program Code(s): 22140] ............................................................................................................................................. $2,400 

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

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

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

22161, 22170, 23100, 23300, 23310] ...................................................................................................................................... $5,900 

E. Licenses or certificates for the operation of a uranium enrichment facility 15 [Program Code(s): 21200] .............................. $1,935,000 

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

chapter, for development and testing of commercial products, and other non-fuel cycle activities.4 [Program Code: 22155] $4,400 

2. Source material: 

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

for deconverting uranium hexafluoride in the production of uranium oxides for disposal.15 [Program Code: 11400] ............ $447,000 

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

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

(b) Basic In Situ Recovery facilities.15 [Program Code(s): 11500] ................................................................................ $47,000 

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

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

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

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

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

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

Category 2.A.(4) 15 [Program Code(s): 11600, 12000] ..................................................................................................... 5 N/A 

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

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

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

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

B. Licenses which authorize the possession, use, and/or installation of source material for shielding.16 17 Application [Program Code(s): 11210] ............................................................................................................................................................... $2,700 

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

this chapter. [Program Code: 11240] ....................................................................................................................................... $9,000 

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

11230 and 11231] ..................................................................................................................................................................... $5,100 

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] ...................................................................................... $6,500 

F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810, 11820] ...................... $8,800 

3. Byproduct material: 

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

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

use: 1–5. [Program Code(s): 03211, 03212, 03213] ................................................................................................................ $28,000 

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

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

of locations of use: 6–20. [Program Code(s): 04010, 04012, 04014] ............................................................................... $37,100 

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

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

of locations of use: More than 20. [Program Code(s): 04011, 04013, 04015] ................................................................. $46,300 

B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. [Program 

Code(s): 03214, 03215, 22135, 22162] .................................................................................................................................... $9,800 

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

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

[Program Code(s): 04110, 04112, 04114, 04116] ............................................................................................................ $13,000 

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

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

than 20. [Program Code(s): 04111, 04113, 04115, 04117] .............................................................................................. $16,100 


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10104 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

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

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

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

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

02511, 02513] ........................................................................................................................................................................... $9,200 

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

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

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

04210, 04212, 04214] ........................................................................................................................................................ $12,100 

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

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

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

Code(s): 04211, 04213, 04215] ......................................................................................................................................... $16,600 

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

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

is not removed from its shield (self-shielded units). [Program Code(s): 03510, 03520] ......................................................... $10,100 

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

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

03511] ....................................................................................................................................................................................... $9,100 

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

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

irradiation of materials in which the source is not exposed for irradiation purposes. [Program Code(s): 03521] .................. $73,000 

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

device review to persons exempt from the licensing requirements of part 30 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. [Program Code(s): 03254, 03255, 03257] ........................................................................... $8,700 

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, 03253, 

03256] ....................................................................................................................................................................................... $17,700 

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

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

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

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

for research and development that do not authorize commercial distribution. Number of locations of use: 6–20. [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] .............................................................................. $17,000 

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

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

20. [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .................................................................. $21,100 

M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution. [Program Code(s): 03620] ............................................................. $13,600 

N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C.21 [Program Code(s): 03219, 03225, 03226] .... $15,500 

O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of 

this chapter when authorized on the same license Number of locations of use: 1–5. [Program Code(s): 03310, 03320] .... $29,700 

(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized 

under part 40 of this chapter when authorized on the same license. Number of locations of use: 6–20. [Program 

Code(s): 04310, 04312] ..................................................................................................................................................... $39,500 

(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized 

under part 40 of this chapter when authorized on the same license. Number of locations of use: More than 20. [Program Code(s): 04311, 04313] ........................................................................................................................................... $49,500 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10105 

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

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

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

1–5. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 03221, 03222, 

03800, 03810, 22130] ............................................................................................................................................................... $9,900 

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

of use: 6–20. [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, 04430, 

04432, 04434, 04436, 04438] ........................................................................................................................................... $13,300 

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

of use: More than 20. [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, 

04431, 04433, 04435, 04437, 04439] ............................................................................................................................... $16,600 

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

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

items or limits specified in that section: 14

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

than or equal to 10 times the number of items or limits specified [Program Code(s): 02700] ........................................ $6,200 

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

chapter [Program Code(s): 02710] .................................................................................................................................... $6,500 

S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................... $24,300 

4. Waste disposal and processing: 

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

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

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

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

03236, 06100, 06101] ............................................................................................................................................................... $23,100 

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] ............................... $16,000 

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

receive or dispose of the material. [Program Code(s): 03232] ................................................................................................ $8,900 

5. Well logging: 

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

well surveys, and tracer studies other than field flooding tracer studies. [Program Code(s): 03110, 03111, 03112] ............ $12,700 

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

6. Nuclear laundries: 

A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material. [Program Code(s): 03218] ...................................................................................................................... $28,700 

7. Medical licenses: 

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

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

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

authorized on the same license.9 Number of locations of use: 1–5. [Program Code(s): 02300, 02310] ................................ $27,700 

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

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

shielding when authorized on the same license.9 Number of locations of use: 6–20. [Program Code(s): 04510, 

04512] ................................................................................................................................................................................ $36,900 

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

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

shielding when authorized on the same license.9 Number of locations of use: More than 20. [Program Code(s): 

04511, 04513] .................................................................................................................................................................... $46,100 

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.9

Number of locations of use: 1–5. [Program Code(s): 02110] .................................................................................................. $37,900 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 6–20. [Program Code(s): 04710] ............................................. $50,400 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: More than 20. [Program Code(s): 04711] ............................... $63,000 


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10106 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 

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

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

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 19 Number of locations of use: 1–5. [Program Code(s): 02120, 

02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ...................................................................................... $17,000 

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

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

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

source material for shielding when authorized on the same license.9 19 Number of locations of use: 6–20. [Program 

Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] ................................................... $17,200 

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

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

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

source material for shielding when authorized on the same license.9 19 Number of locations of use: More than 20. 

[Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829] ................................... $21,400 

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] ............................................................................................................................................ $6,200 

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 .................................................................. $18,200 

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 ....................................................................................................................................................... $9,400 

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 ..................................................................................... $5,500 

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 .................................................................................................................................................................... $1,100 

10. Transportation of radioactive material: 

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

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

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

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

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

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

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

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

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

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

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

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

14. Decommissioning/Reclamation: 

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200] ................................................................................... 7 20 N/A 

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

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

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

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

17. Master materials licenses of broad scope issued to Government agencies.15 [Program Code(s): 03614] ................................. $346,000 

18. Department of Energy: 

A. Certificates of Compliance ....................................................................................................................................................... 10 $1,659,000 

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] .................................. $176,000 

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

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

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

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

Renewal applications must be filed in accordance with the requirements of part 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. 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Proposed Rules 10107 

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

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

under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2. 10This includes Certificates of Compliance issued to the 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 subject to fees under categories 1.A., 1.B., 1.E., 2.A., and licensees paying fees under fee category 17 must pay the largest applicable fee and are not subject to additional fees listed in this table. 16 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 17 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 18 Licensees paying fees under 3.N. are not subject to paying fees under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services authorized 

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

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

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

authorized on the same license. 

Dated: February 15, 2022. 

For the Nuclear Regulatory Commission. 

Cherish K. Johnson, 

Chief Financial Officer. 

[FR Doc. 2022–03715 Filed 2–18–22; 4:15 pm] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0145; Project 

Identifier MCAI–2021–00522–R] 

RIN 2120–AA64 

Airworthiness Directives; Bell Textron 

Canada Limited (Type Certificate 

Previously Held by Bell Helicopter 

Textron Canada Limited) Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2019–11–05, which applies to Bell 

Helicopter Textron Canada Limited 

(now Bell Textron Canada Limited) 

Model 429 helicopters having certain 

tail rotor (TR) pitch link assemblies. AD 

2019–11–05 requires inspecting the TR 

pitch link assemblies, and replacing 

certain pitch link bearings. Since the 

FAA issued AD 2019–11–05, the FAA 

has determined that all TR pitch link 

assemblies are affected by the unsafe 

condition. This proposed AD would 

continue to require the actions specified 

in AD 2019–11–05, and would revise 

the applicability and require inspections 

of certain other TR pitch link 

assemblies. The FAA is proposing this 

AD to address the unsafe condition on 

these products. 

DATES: The FAA must receive comments 

on this proposed AD by April 11, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Bell Textron Canada 

Limited, 12,800 Rue de l’Avenir, 

Mirabel, Quebec J7J 1R4, Canada; 

telephone 1–450–437–2862 or 1–800– 

363–8023; fax 1–450–433–0272; email 

productsupport@bellflight.com; or at 

https://www.bellflight.com/support/ 

contact-support. You may view this 

material at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, 

Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call 817–222–5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0145; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, the Transport Canada Civil 

Aviation (TCCA) AD, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

FOR FURTHER INFORMATION CONTACT: Hal 

Jensen, Aerospace Engineer, Operational 

Safety Branch, Compliance & 

Airworthiness Division, FAA, 950 

L’Enfant Plaza N SW, Washington, DC 

20024; phone: (202) 267–9167; email: 

hal.jensen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0145; Project Identifier 

MCAI–2021–00522–R’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 


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