9130 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 170 and 171 

RIN 3150–AI52 

[NRC–2008–0620] 

Revision of Fee Schedules; Fee 

Recovery for FY 2009 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is proposing to 

amend the licensing, inspection, and 

annual fees charged to its applicants 

and licensees. The proposed 

amendments are necessary to 

implement the Omnibus Budget 

Reconciliation Act of 1990 (OBRA–90), 

as amended, which requires that the 

NRC recover through fees approximately 

90 percent of its budget authority in 

fiscal year (FY) 2009, less the amounts 

appropriated from the Nuclear Waste 

Fund (NWF), amounts appropriated for 

Waste Incidental to Reprocessing (WIR), 

and amounts appropriated for generic 

homeland security activities. Based on 

the FY 2009 Energy and Water 

Development Appropriations Bill, 

reported by the U.S. House of 

Representatives Appropriations 

Committee, the NRC’s required fee 

recovery amount for the FY 2009 budget 

would be approximately $870.6 million. 

After accounting for billing adjustments, 

the total amount to be billed as fees 

would be approximately $864.8 million. 

DATES: The comment period expires 

April 1, 2009. Comments received after 

this date will be considered if it is 

practical to do so, but the NRC is able 

to ensure only that comments received 

on or before this date will be 

considered. Because OBRA–90 requires 

that the NRC collect the FY 2009 fees by 

September 30, 2009, requests for 

extensions of the comment period will 

not be granted. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include number RIN 3150–AI52 

in the subject line of your comments. 

Comments submitted in writing or in 

electronic form will be made available 

for public inspection. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2008–0620. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

Federal workdays. (Telephone 301–415– 

1677). 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

You can access publicly available 

documents related to this document 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC after November 1, 

1999, are available electronically at the 

NRC’s Electronic Reading Room at 

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

adams.html. From this page, the public 

can gain entry into ADAMS, which 

provides text and image files of NRC’s 

public documents. If you do not have 

access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

To obtain additional information on 

the NRC’s FY 2009 budget request, 

commenters and others may review 

NUREG–1100, Volume 24, 

‘‘Performance Budget: Fiscal Year 2009’’ 

(February 2008), which describes the 

NRC’s budget for FY 2009, including the 

activities to be performed in each 

program. This document is available on 

the NRC’s public Web site at http:// 

www.nrc.gov/reading-rm.html. Note, 

however, that NUREG–1100, Volume 

24, is based on the NRC’s FY 2009 

budget request to Congress, and that the 

fees in this rulemaking are based on the 

NRC appropriation in the H.R. 7324. 

The allocation of the H.R. 7324 budget 

to planned activities within each 

program, and to each fee class and feerelief activities category, is included in 

the publicly available work papers 

supporting this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca I. Erickson, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone 301–415– 

7126, e-mail 

Rebecca.Erickson@NRC.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Proposed Action 

A. Amendments to 10 CFR Part 170: Fees 

for Facilities, Materials, Import and 

Export Licenses, and Other Regulatory 

Services Under the Atomic Energy Act of 

1954, as Amended 

B. Amendments to 10 CFR Part 171: 

Annual Fees for Reactor Licenses and 

Fuel Cycle Licenses and Materials 

Licenses, Including Holders of 

Certificates of Compliance, Registrations, 

and Quality Assurance Program 

Approvals and Government Agencies 

Licensed by the NRC 

III. Plain Language 

IV. Voluntary Consensus Standards 

V. Environmental Impact: Categorical 

Exclusion 

VI. Paperwork Reduction Act Statement 

VII. Regulatory Analysis 

VIII. Regulatory Flexibility Analysis 

IX. Backfit Analysis 

I. Background 

The NRC is required each year, under 

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

to recover approximately 90 percent of 

its budget authority, less the amounts 

appropriated from the NWF, amounts 

appropriated for WIR, and amounts 

appropriated for generic homeland 

security activities (non-fee items), 

through fees to NRC licensees and 

applicants. The NRC receives 10 percent 

of its budget authority (less non-fee 

items) from the general fund each year 

to pay for the cost of agency activities 

that do not provide a direct benefit to 

NRC licensees, such as international 

assistance and Agreement State 

activities (as defined under section 274 

of the Atomic Energy Act of 1954, as 

amended). 

The NRC assesses two types of fees to 

meet the requirements of OBRA–90, as 

amended. First, license and inspection 

fees, established in 10 CFR part 170 

under the authority of the Independent 

Offices Appropriation Act of 1952 

(IOAA) (31 U.S.C. 9701) recover the 

NRC’s cost of providing special benefits 

to identifiable applicants and licensees. 

Examples of the services provided by 

the NRC for which these fees are 

assessed include the review of 

applications for new licenses and the 

review of renewal applications, the 

review of license amendment requests, 

and inspections. Second, annual fees 

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Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules 9131 

established in 10 CFR part 171 under 

the authority of OBRA–90, as amended, 

recover generic and other regulatory 

costs not otherwise recovered through 

10 CFR part 170 fees. 

The NRC is currently operating under 

a continuing resolution (CR) for FY 2009 

(H.R. 2638) that is effective through 

March 6, 2009. This means that the FY 

2009 funds currently available are 

similar to the NRC’s funding in FY 

2008. Although the NRC has not 

received a new appropriation for FY 

2009 at the time this proposed fee rule 

was submitted for publication in the 

Federal Register, the NRC must proceed 

with this rulemaking to collect the 

required fee amounts by September 30, 

2009. Therefore, the NRC is establishing 

fees in this rulemaking based on the FY 

2009 Energy and Water Development 

Appropriations Bill (H.R. 7324), 

reported by the U.S. House of 

Representatives Appropriations 

Committee. Although, neither the House 

nor the Senate Appropriations 

Committees’ bills have been brought to 

the floor of the chamber for approval, 

the NRC is proposing to use the House 

bill since it has a higher NRC 

Appropriation amount. If the actual 

Appropriation signed by the President is 

lower than this bill, the fee amounts in 

the final rule will be lower than the 

proposed rule amounts. 

If Congress enacts a different version 

of the NRC budget than that included in 

H.R. 7324, the fees in the NRC’s FY 

2009 final fee rule will be adjusted to 

reflect the enacted budget. Therefore, 

fees in the FY 2009 final fee rule may 

differ from the fees in this proposed 

rule. The NRC will adjust the FY 2009 

final fees based on the enacted version 

of the budget without seeking further 

public comment. 

For example, if Congress enacts 

legislation that requires the NRC to 

operate under a CR for the full FY 2009 

and appropriates significantly less to the 

NRC, the fees in the FY 2009 final fee 

rule will be modified from the fees in 

this proposed fee rule, to reflect the 

reductions in budgeted resources. The 

NRC’s total required fee recovery could 

be reduced by approximately $144 

million under a full-year CR, as 

compared to H.R. 7324, although the 

NRC’s exact fee recovery amount would 

depend on the specific provisions in 

such legislation. A given licensee’s part 

171 annual fees under a full-year CR 

would be either similar to, or less than, 

the fees included in this proposed fee 

rule. Fees in the FY 2009 final fee rule 

may also change from this proposed fee 

rule for other reasons, such as changes 

in the amount expected to be received 

from part 170 fees in FY 2009. Under a 

full-year CR, annual fees for some 

license fee classes may be affected more 

than other license fee classes, based on 

which NRC activities are subject to 

budget reductions. It is possible that 

some annual fees may increase from this 

proposed rule under a full-year CR, 

because the NRC’s ten percent fee relief, 

which is used to reduce all annual fees 

in this proposed rule (discussed more in 

Section II.B.1, Application of ‘‘Fee 

Relief/Surcharge’’ of this document), 

would be reduced. This may occur if a 

particular license fee class is not subject 

to budget reductions under a CR, and 

also receives a smaller annual fee 

reduction than that included in this 

proposed fee rule from the NRC’s fee 

relief. 

Based on the H.R. 7324, the NRC’s 

required fee recovery amount for the FY 

2009 budget is approximately $870.6 

million, which is reduced by 

approximately $5.8 million to account 

for billing adjustments (i.e., expected 

unpaid invoices, payments for prior 

year invoices), resulting in a total of 

approximately $864.8 million to be 

billed as fees in FY 2009. 

In accordance with OBRA–90, as 

amended, $27.1 million of the budgeted 

resources associated with generic 

homeland security activities are 

excluded from the NRC’s fee base in FY 

2009. These funds cover generic 

activities that support an entire license 

fee class or classes of licensees such as 

rulemakings and guidance development. 

Under the authority of the IOAA, the 

NRC will continue to bill under part 170 

for all licensee-specific homeland 

security-related services provided, 

including security inspections and 

security plan reviews. 

The amount of the NRC’s required fee 

collections is set by law, and is, 

therefore, outside the scope of this 

rulemaking. In FY 2009, the NRC’s total 

fee recovery amount increases by $91.5 

million from FY 2008, mostly in 

response to increased regulatory and 

infrastructure support workload for 

reactor renewal activities, new uranium 

recovery facility applications, new 

uranium enrichment facilities, and 

materials licensing. The FY 2009 budget 

was allocated to the fee classes that the 

budgeted activities support. As such, 

the proposed annual fees for reactor, 

fuel facility, most uranium recovery, 

and small materials licensees increases. 

Another factor affecting the amount of 

annual fees for each fee class is the 

estimated collection under part 170, 

discussed in the Proposed Action 

section of this document. 

II. Proposed Action 

The NRC is proposing to amend its 

licensing, inspection, and annual fees to 

recover approximately 90 percent of its 

FY 2009 budget authority (under H.R. 

7324) less the appropriations for non-fee 

items. The NRC’s total budget authority 

for FY 2009 would be $1,069.8 million. 

The non-fee items include $73.3 million 

appropriated from the NWF, $2 million 

for WIR activities, and $27.1 million for 

generic homeland security activities. 

Based on the 90 percent fee-recovery 

requirement, the NRC would have to 

recover approximately $870.6 million in 

FY 2009 through part 170 licensing and 

inspection fees and part 171 annual 

fees. The amount required by law to be 

recovered through fees for FY 2009 

would be $91.5 million more than the 

amount estimated for recovery in FY 

2008, an increase of approximately 12 

percent. 

The FY 2009 fee recovery amount is 

reduced by $5.8 million to account for 

billing adjustments (i.e., for FY 2009 

invoices that the NRC estimates will not 

be paid during the fiscal year, less 

payments received in FY 2009 for prior 

year invoices). This leaves 

approximately $864.8 million to be 

billed as fees in FY 2009 through part 

170 licensing and inspection fees and 

part 171 annual fees. 

Table I summarizes the budget and fee 

recovery amounts for FY 2009. 

(Individual values may not sum to totals 

due to rounding.) 

TABLE I—BUDGET AND FEE RECOVERY

AMOUNTS FOR FY 2009 

[Dollars in millions] 

Total Budget Authority .......... $1,069.8 

Less Non-Fee Items ......... ¥102.4 

Balance .......................... $967.4 

Fee Recovery Rate for FY 

2009 ............................... ×90.0% 

Total Amount to be Recovered for FY 2009 .. $870.6 

Less Part 171 Billing Adjustments: 

Unpaid FY 2009 Invoices 

(estimated) ..................... 1.9 

Less Payments Received 

in FY 2009 for Prior 

Year Invoices (estimated) ........................... ¥7.7 

Subtotal ......................... ¥5.8 

Amount to be Recovered 

Through Parts 170 and 

171 Fees ........................... $864.8 

Less Estimated Part 170 

Fees ............................... ¥320.2 

Part 171 Fee Collections Required ................................ $544.6 

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The NRC estimates that $320.2 

million would be recovered from part 

170 fees in FY 2009. This represents an 

increase of approximately 15 percent as 

compared to the actual part 170 

collections of $277.3 million for FY 

2008. The NRC derived the FY 2009 

estimate of part 170 fee collections 

based on the previous four quarters of 

billing data for each license fee class, 

with adjustments to account for changes 

in the NRC’s FY 2009 budget, as 

appropriate. The remaining $544.6 

million would be recovered through the 

part 171 annual fees in FY 2009 which 

is an increase of approximately 15 

percent compared to actual part 171 

collections of $472.9 million for FY 

2008. 

The NRC plans to publish the final fee 

rule no later than June 2009. The FY 

2009 final fee rule will be a ‘‘major rule’’ 

as defined by the Congressional Review 

Act of 1996 (5 U.S.C. 801–808). 

Therefore, the NRC’s fee schedules for 

FY 2009 will become effective 60 days 

after publication of the final rule in the 

Federal Register. The NRC will send an 

invoice for the amount of the annual fee 

to reactors, part 72 licensees, major fuel 

cycle facilities, and other licensees with 

annual fees of $100,000 or more, upon 

publication of the FY 2009 final rule. 

For these licensees, payment is due on 

the effective date of the FY 2009 final 

rule. Because these licensees are billed 

quarterly, the payment due is the 

amount of the total FY 2009 annual fee, 

less payments made in the first three 

quarters of the fiscal year. 

Materials licensees with annual fees 

of less than $100,000 are billed 

annually. Those materials licensees 

whose license anniversary date during 

FY 2009 falls before the effective date of 

the FY 2009 final rule will be billed for 

the annual fee during the anniversary 

month of the license at the FY 2008 

annual fee rate. Those materials 

licensees whose license anniversary 

date falls on or after the effective date 

of the FY 2009 final rule will be billed 

for the annual fee at the FY 2009 annual 

fee rate during the anniversary month of 

the license, and payment will be due on 

the date of the invoice. 

As a matter of courtesy, the NRC 

plans to continue mailing the proposed 

fee rule to all licensees, although, as a 

cost saving measure, in accordance with 

its FY 1998 announcement, the NRC has 

discontinued mailing the final fee rule 

to all licensees. Accordingly, the NRC 

does not plan to routinely mail the FY 

2009 final fee rule or future final fee 

rules to licensees. 

The NRC will send the final rule to 

any licensee or other person upon 

specific request. To request a copy, 

contact the License Fee Team, Division 

of the Controller, Office of the Chief 

Financial Officer, at 301–415–7554, or 

e-mail fees.resource@nrc.gov. In 

addition to publication in the Federal 

Register, the final rule will be available 

on the Internet at regulations.gov. 

The NRC is proposing to amend 10 

CFR parts 170 and 171 as discussed in 

Sections II.A and II.B of this document. 

A. Amendments to 10 CFR Part 170: 

Fees for Facilities, Materials, Import and 

Export Licenses, and Other Regulatory 

Services Under the Atomic Energy Act 

of 1954, As Amended 

In FY 2009, the NRC is proposing to 

increase the hourly rate to recover the 

full cost of activities under part 170, and 

using this rate to calculate ‘‘flat’’ 

application fees. The NRC is also 

proposing to revise descriptions of some 

fee categories. 

The NRC is proposing the following 

changes: 

1. Hourly Rate 

The NRC’s hourly rate is used in 

assessing full cost fees for specific 

services provided, as well as flat fees for 

certain application reviews. The NRC is 

proposing to change the FY 2009 hourly 

rate to $257. This rate would be 

applicable to all activities for which fees 

are assessed under §§ 170.21 and 

170.31. The FY 2009 proposed hourly 

rate is higher than the hourly rate of 

$238 in the FY 2008 final fee rule. The 

increase is primarily due to the higher 

FY 2009 budget supporting increased 

regulatory and infrastructure support 

workload for reactor license renewals 

and applications from new uranium 

recovery and enrichment facilities. The 

hourly rate calculation is described in 

further detail in the following 

paragraphs. 

The NRC’s hourly rate is derived by 

dividing the sum of recoverable 

budgeted resources for (1) mission 

direct program salaries and benefits; (2) 

mission indirect salaries and benefits 

and contract activity; and (3) agency 

management and support and Inspector 

General (IG), by mission direct full-time 

equivalent (FTE) hours. The mission 

direct FTE hours are the product of the 

mission direct FTE times the hours per 

direct FTE. The only budgeted resources 

excluded from the hourly rate are those 

for mission direct contract activities. 

In FY 2009, the NRC is proposing to 

use 1,371 hours per direct FTE, same as 

FY 2008, to calculate the hourly fees. 

The NRC has reviewed data from its 

time and labor system to determine if 

the annual direct hours worked per 

direct FTE estimate requires updating 

for the FY 2009 fee rule. Based on this 

review of the most recent data available, 

the NRC determined that 1,371 hours is 

the best estimate of direct hours worked 

annually per direct FTE. This estimate 

excludes all non-direct activities, such 

as training, general administration, and 

leave. 

Table II shows the results of the 

hourly rate calculation methodology. 

(Individual values may not sum to totals 

due to rounding.) 

TABLE II—FY 2009 HOURLY RATE

CALCULATION

Mission Direct Program Salaries & Benefits ................... $322.0M 

Mission Indirect Salaries & 

Benefits, and Contract Activity ................................... 129.2M 

Agency Management and 

Support, and IG ................ 316.5M 

Subtotal ......................... $767.7M 

Less Offsetting Receipts ...... ¥0.1M 

Total Budget Included in 

Hourly Rate ................ $767.6M 

Mission Direct FTEs ............. 2,180 

Professional Hourly Rate 

(Total Budget Included in 

Hourly Rate divided by 

Mission Direct FTE Hours) $257 

As shown in Table II, dividing the 

$767.6 million budgeted amount 

(rounded) included in the hourly rate by 

total mission direct FTE hours (2,180 

FTE times 1,371 hours) results in an 

hourly rate of $257. The hourly rate is 

rounded to the nearest whole dollar. 

2. ‘‘Flat’’ Application Fee Changes 

The NRC is proposing to adjust the 

current flat application fees in §§ 170.21 

and 170.31 to reflect the revised hourly 

rate of $257. These flat fees are 

calculated by multiplying the average 

professional staff hours needed to 

process the licensing actions by the 

proposed professional hourly rate for FY 

2009. 

Biennially, the NRC evaluates 

historical professional staff hours used 

to process a new license application for 

materials users fee categories subject to 

flat application fees. This is in 

accordance with the requirements of the 

Chief Financial Officer’s Act. The NRC 

conducted this biennial review for the 

FY 2009 fee rule which also included 

license and amendment applications for 

import and export licenses. 

Evaluation of the historical data in FY 

2009 shows that the average number of 

professional staff hours required to 

complete licensing actions in the 

materials program should be increased 

in some fee categories and decreased in 

others to more accurately reflect current 

data for completing these licensing 

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actions. The average number of 

professional staff hours needed to 

complete new licensing actions was last 

updated for the FY 2007 final fee rule. 

Thus, the revised average professional 

staff hours in this fee rule reflect the 

changes in the NRC licensing review 

program that have occurred since that 

time. 

The higher hourly rate of $257 is the 

main reason for the increases in the 

application fees. Application fees for 

some fee categories (2.B., 3.G., 3.O., 

3.R.1., 4.B., 5.A., 8.A., 9.C., and 10 B. 

under § 170.31) also increase because of 

the results of the biennial review, which 

showed an increase in average time to 

process these types of license 

applications. The decrease in fees for 7 

fee categories (3.C., 3.H., 3.N., 3.S., 9.A., 

9.B., and 10.B. under § 170.31) is due to 

a decrease in average time to process 

these types of applications. 

The amounts of the materials 

licensing flat fees are rounded so that 

the fees would be convenient to the user 

and the effects of rounding would be de 

minimis (minimal). Fees under $1,000 

are rounded to the nearest $10, fees that 

are greater than $1,000 but less than 

$100,000 are rounded to the nearest 

$100, and fees that are greater than 

$100,000 are rounded to the nearest 

$1,000. 

The proposed licensing flat fees are 

applicable for fee categories K.1. 

through K.5. of § 170.21, and fee 

categories 1.C., 1.D., 2.B., 2.C., 3.A. 

through 3.S., 4.B. through 9.D., 10.B, 

15.A. through 15.R., 16, and 17 of 

§ 170.31. Applications filed on or after 

the effective date of the FY 2009 final 

fee rule would be subject to the revised 

fees in the final rule. 

3. Fee Category Changes 

The NRC is proposing to revise the fee 

categories for uranium recovery 

facilities in § 170.31. The new fee 

categories will better reflect the NRC’s 

regulatory effort expended for the 

different types of facilities, both existing 

and planned. A more detailed 

discussion follows in II.B.3.b. ‘Uranium 

Recovery Facilities’, below. 

In addition, the NRC is proposing to 

revise the description for two fee 

categories, 7.A. and 17 in § 170.31. The 

NRC proposes to amend fee category 

7.A., related to medical licenses, to 

more precisely state which medical 

devices it covers. Currently, the fee 

category applies to teletherapy devices. 

The NRC has historically included 

gamma stereotactic radiosurgery units 

(gamma knives) in this category per 

NUREG 1556, Volume 20, Appendix G. 

This amendment explicitly provides 

that fee category 7.A. include gamma 

knives and other similar beam therapy 

devices. The fee category 17 for master 

materials license is being expanded to 

include non-government entities with 

multi-site licenses. 

The new fee category descriptions do 

not represent any additions to the types 

of licenses regulated by NRC. These 

changes will help clarify the types of 

licenses covered under specific 

categories for NRC licensees. 

4. Administrative Amendments 

In response to a number of questions 

on specific sub-sections related to fee 

exemptions for special projects, the NRC 

is proposing to simplify (170.11 for ease 

of reading. There is no change to the 

NRC’s fee exemption policy. 

In summary, the NRC is proposing to 

make the following changes to 10 CFR 

part 170 

1. Establish revised professional 

hourly rate to use in assessing fees for 

specific services; 

2. Revise the license application fees 

to reflect the proposed FY 2009 hourly 

rate; 

3. Revise some fee categories to better 

reflect NRC’s regulatory effort, and 

4. Make certain administrative 

changes for purposes of clarification. 

B. Amendments to 10 CFR Part 171: 

Annual Fees for Reactor Licenses and 

Fuel Cycle Licenses and Materials 

Licenses, Including Holders of 

Certificates of Compliance, 

Registrations, and Quality Assurance 

Program Approvals and Government 

Agencies Licensed by the NRC 

The FY 2009 proposed annual fees 

reflect NRC’s use of its fee relief to 

reduce all licensees’ annual fees and 

changes in the number of NRC 

licensees. This rulemaking also 

proposes to establish rebaselined annual 

fees based on the H.R. 7324. The 

proposed amendments are described as 

follows: 

1. Application of ‘‘Fee-Relief/ 

Surcharge’’ 

The NRC is proposing to use its fee 

relief to reduce all licensees’ annual 

fees, based on their percent of the 

budget. 

The NRC applies the 10 percent of its 

budget that is excluded from fee 

recovery under OBRA–90, as amended 

(fee relief), to offset the total budget 

allocated for activities which do not 

directly benefit current NRC licensees. 

The budget for these fee-relief activities 

are totaled, and then reduced by the 

amount of the NRC’s fee relief. Any 

remaining fee-relief activities budget is 

allocated to all licensees’ annual fees, 

based on their percent of the budget 

(i.e., over 80 percent is allocated to 

power reactors each year). 

In FY 2009, the NRC’s 10 percent fee 

relief exceeds the total budget for feerelief activities by $2.9 million. In FY 

2008, the 10 percent fee relief exceeded 

the total budget by $8.9 million. The 

excess fee relief in FY 2009 is lower 

compared with FY 2008 primarily due 

to higher FY 2009 budget resources for 

Agreement States support and 

international activities. 

As in FY 2008, the NRC is using the 

$2.9 million fee relief to reduce all 

licensees’ annual fees, based on their 

percent of the fee recoverable budget 

authority. This is consistent with the 

existing fee methodology, in that the 

benefits of the NRC’s fee relief are 

allocated to licensees in the same 

manner as deficit was allocated as 

surcharge when the NRC did not receive 

enough fee relief to pay for fee-relief 

activities. In FY 2009, the power 

reactors class of licensees will receive 

approximately 88 percent of the fee 

relief based on their share of the NRC 

fee recoverable budget authority. 

The FY 2009 budgeted resources for 

NRC’s fee-relief activities are $93.8 

million. The NRC’s total fee relief in FY 

2009 is $96.7 million, leaving $2.9 

million in fee relief to be used to reduce 

all licensees’ annual fees. These values 

are shown in Table III. (Individual 

values may not sum to totals due to 

rounding.) 

TABLE III—FEE-RELIEF ACTIVITIES

[Dollars in millions] 

FY 2009 

budgeted 

costs 

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

a. International activities ............................................................................................................................................................... $17.6 

b. Agreement State oversight ....................................................................................................................................................... 11.2 

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TABLE III—FEE-RELIEF ACTIVITIES—Continued 

[Dollars in millions] 

FY 2009 

budgeted 

costs 

c. Scholarships and Fellowships .................................................................................................................................................. 15.0 

2. Activities not assessed part 170 licensing and inspection fees or part 171 annual fees based on existing law or Commission 

policy: 

a. Fee exemption for nonprofit educational institutions ............................................................................................................... 11.5 

b. Costs not recovered from small entities under 10 CFR 171.16(c) .......................................................................................... 3.9 

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

d. Generic decommissioning/reclamation (not related to the power reactor and spent fuel storage fee classes) ..................... 13.7 

e. In situ leach rulemaking and unregistered general licensees ................................................................................................. 3.5 

Total fee-relief activities ........................................................................................................................................................ $93.8 

Less 10 percent of NRC’s FY 2009 total budget (less non-fee items) ............................................................................................... ¥96.7 

Fee Relief to be Allocated to All Licensees’ Annual Fees ........................................................................................................... $¥2.9 

Table IV shows how the NRC is 

allocating the $2.9 million in fee relief 

to each license fee class. As explained 

previously, the NRC is allocating this 

fee relief to each license fee class based 

on the percent of the budget for that fee 

class compared to the NRC’s total 

budget. The fee relief is used to partially 

offset the required annual fee recovery 

from each fee class. 

Separately, the NRC has continued to 

allocate the low-level waste (LLW) 

surcharge based on the volume of LLW 

disposal of three classes of licenses, 

operating reactors, fuel facilities, and 

materials users. Table IV also shows the 

allocation of the LLW surcharge activity. 

Because LLW activities support NRC 

licensees, the costs of these activities are 

not offset by the NRC’s fee relief. For FY 

2009, the total budget allocated for LLW 

activity is $2.3 million. (Individual 

values may not sum to totals due to 

rounding.) 

TABLE IV—ALLOCATION OF FEE-RELIEF ACTIVITIES AND LLW SURCHARGE

LLW surcharge Fee relief Total 

Percent $M Percent $M $M 

Operating Power Reactors ...................................................................... 54.0 1.2 88 ¥2.6 ¥1.3 

Spent Fuel Storage/Reactor Decommissioning ....................................... .................... .................... 2.5 ¥0.1 ¥0.1 

Test and Research Reactors ................................................................... .................... .................... 0.1 0.0 0.0 

Fuel Facilities ........................................................................................... 15.0 0.3 5.2 ¥0.2 0.2 

Materials Users ........................................................................................ 31.0 0.7 3.0 ¥0.1 0.6 

Transportation .......................................................................................... .................... .................... 0.4 0.0 0.0 

Uranium Recovery ................................................................................... .................... .................... 0.8 0.0 0.0 

Total .................................................................................................. 100.0 2.3 100.0 ¥2.9 ¥0.6 

In FY 2009, the LLW surcharge 

exceeded the fee relief for two fee 

classes, fuel facilities and materials 

users. The net surcharge will be 

included in the annual fee for fuel 

facility and materials users licensees. 

2. Agreement State Activities 

By letter dated June 12, 2008, 

Governor Timothy Kaine of the 

Commonwealth of Virginia requested 

that the NRC enter into an Agreement 

with the State as authorized by Section 

274 of the Atomic Energy Act of 1954, 

as amended. The final Agreement 

package is before the Commission for 

approval and if approved, the 

Agreement is expected to take effect by 

March 31, 2009. This will result in the 

transfer of approximately 380 licenses 

from the NRC to the Commonwealth of 

Virginia. 

Note that the continuing costs of 

oversight and regulatory support for the 

Commonwealth of Virginia, as for any 

other Agreement State, are recovered as 

fee-relief activities consistent with 

existing policy. The budgeted resources 

for the regulatory support of Agreement 

State licensees are prorated to the feerelief activity based on the percent of 

total licensees in Agreement States. The 

NRC proposes to update the proration 

percentage in its fee calculation to make 

sure that resources are allocated 

equitably between the NRC materials 

users fee class and the regulatory 

support to Agreement States fee-relief 

category. Accordingly, in anticipation of 

the Commonwealth of Virginia 

becoming an Agreement State, the NRC 

has increased the percentage of 

materials users regulatory support costs 

prorated to the fee-relief activity from 82 

percent in FY 2008 to 85 percent in FY 

2009. The resources for licensing and 

inspection activities supporting NRC 

licensees in the materials users fee class 

are not prorated to the fee-relief activity. 

The number of NRC materials users 

licensees has been updated to reflect the 

transfer of licensees to the 

Commonwealth of Virginia. Because of 

the effective date of March 31, 2009, the 

approximately 380 licensees transferring 

to the Commonwealth of Virginia will 

be subject to one-half of their annual fee 

for FY 2009. The number of materials 

users licensees are revised to reflect that 

the NRC will still collect one-half of the 

annual fee from these licensees. 

This is not a substantive policy 

change, but rather a calculation change 

that will result in a more accurate 

estimate of the actual costs of 

supporting Agreement State activities. If 

the Commonwealth of Virginia does not 

become an Agreement State by the 

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publication of the final fee rule, the NRC 

will adjust the calculation of the FY 

2009 annual fees based on the latest 

information available at that time. Any 

changes will be discussed in the final 

fee rule. 

Also, Governor Jon Corizine of the 

State of New Jersey has by letter dated 

October 16, 2008 formally requested 

that the NRC enter into an Agreement 

with his state. If approved by the 

Commission, this Agreement is 

expected to take effect by September 30, 

2009. Approximately 500 NRC licensees 

will be transferred to the State of New 

Jersey. Because the expected effective 

date is September 30, 2009, these 

licensees will be assessed annual fees by 

NRC for the full year of FY 2009. 

Therefore, no changes to the FY 2009 

fees or the number of NRC licensees 

have been made for this potential event. 

3. Revised Annual Fees 

The NRC is proposing to revise its 

annual fees in §§ 171.15 and 171.16 for 

FY 2009 to recover approximately 90 

percent of the NRC’s FY 2009 budget 

authority after subtracting the non-fee 

amounts and the estimated amount to be 

recovered through part 170 fees. The 

part 170 estimate for this proposed rule 

increased by $28.5 million from the FY 

2008 fee rule based on the latest invoice 

data available. The total amount to be 

recovered through annual fees for FY 

2009 is $544.6 million. The required 

annual fee collection in FY 2008 was 

$468.9 million. 

The Commission has determined (71 

FR 30733; May 30, 2006) that the agency 

should proceed with a presumption in 

favor of rebaselining when calculating 

annual fees each year. Under this 

method, the NRC’s budget is analyzed in 

detail and budgeted resources are 

allocated to fee classes and categories of 

licensees. The Commission expects that 

most years there will be budget and 

other changes that warrant the use of the 

rebaselining method. 

As compared with FY 2008 annual 

fees, rebaselined fees are higher for 

three classes of licensees (power 

reactors, non-power reactors, and fuel 

facilities), and lower for two classes of 

licensees (spent fuel storage/reactor 

decommissioning and transportation). 

Within the materials users and uranium 

recovery fee classes, annual fees for 

most licensees increase, while annual 

fees for some licensees decrease. 

The NRC’s total fee recoverable 

budget, as mandated by law, is 

approximately $92 million larger in FY 

2009 as compared with FY 2008. Much 

of this increase is for reactor renewal 

activities, new uranium recovery facility 

applications, new uranium enrichment 

facility applications, and materials 

licensing. The FY 2009 budget was 

allocated to the fee classes that the 

budgeted activities support. As such, 

the proposed annual fees for operating 

reactor, non-power reactor, fuel facility, 

most uranium recovery and small 

materials licensees increases. Also in FY 

2009, generic NRC resources supporting 

new uranium recovery applications are 

included in the budget allocated to 

operating power reactors and fuel 

facility fee classes because these 

licensees will potentially benefit from 

increased production of uranium milled 

by new uranium recovery facilities. The 

impact of this allocation on the 

operating reactors and fuel facilities 

annual fees is less than one percent. 

The factors affecting all annual fees 

include the distribution of budgeted 

costs to the different classes of licenses 

(based on the specific activities NRC 

will perform in FY 2009), the estimated 

part 170 collections for the various 

classes of licenses, and allocation of the 

fee relief to all fee classes. The 

percentage of the NRC’s budget not 

subject to fee recovery remained 

unchanged at 10 percent from FY 2008 

to FY 2009. 

Table V shows the rebaselined annual 

fees for FY 2009 for a representative list 

of categories of licenses. The FY 2008 

fee is also shown for comparative 

purposes. 

TABLE V—REBASELINED ANNUAL FEES FOR FY 2009 

Class/category of licenses FY 2008 

annual fee 

FY 2009 

proposed 

annual fee 

Operating Power Reactors (Including Spent Fuel Storage/Reactor Decommissioning Annual Fee) ..................... $4,167,000 $4,735,000 

Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... 135,000 127,000 

Test and Research Reactors (Non-power Reactors) .............................................................................................. 76,500 124,500 

High Enriched Uranium Fuel Facility ....................................................................................................................... 3,007,000 4,721,000 

Low Enriched Uranium Fuel Facility ........................................................................................................................ 899,000 1,659,000 

UFCO6 Conversion Facility ...................................................................................................................................... 589,000 975,000 

Conventional Mills .................................................................................................................................................... 10,300 32,200 

Typical Materials Users: 

Radiographers (Category 3O) .......................................................................................................................... 11,100 23,100 

Well Loggers (Category 5A) ............................................................................................................................. 3,400 9,900 

Gauge Users (Category 3P) ............................................................................................................................. 2,100 3,800 

Broad Scope Medical (Category 7B) ............................................................................................................... 22,900 36,800 

The work papers which support this 

proposed rule show in detail the 

allocation of NRC’s budgeted resources 

for each class of licenses and how the 

fees are calculated. The reports included 

in these work papers summarize the FY 

2009 budgeted FTE and contract dollars 

allocated to each fee class and fee-relief 

activities category at the planned 

activity and program level, and compare 

these allocations to those used to 

develop final FY 2008 fees. The work 

papers are available electronically at the 

NRC’s Electronic Reading Room on the 

Internet at Web site address http:// 

www.nrc.gov/reading-rm/adams.html. 

The work papers may also be examined 

at the NRC PDR located at One White 

Flint North, Room O–1F22, 11555 

Rockville Pike, Rockville, Maryland. 

The budgeted costs allocated to each 

class of licenses and the calculations of 

the rebaselined fees are described in 

paragraphs a. through h. of this Section. 

Individual values in the Tables 

presented in this Section may not sum 

to totals due to rounding. 

a. Fuel Facilities 

The FY 2009 budgeted cost to be 

recovered in the annual fees assessment 

to the fuel facility class of licenses 

[which includes licensees in fee 

categories 1.A.(1)(a), 1.A.(1)(b), 

1.A.(2)(a), 1.A.(2)(b), 1.A.(2)(c), 1.E., and 

2.A.(1), under § 171.16] is 

approximately $23.1 million. This value 

is based on the full cost of budgeted 

resources associated with all activities 

that support this fee class, which is 

reduced by estimated part 170 

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collections and adjusted for allocated 

generic transportation resources, and fee 

relief. In FY 2009, the LLW surcharge 

for fuel facilities exceeds the allocated 

fee-relief (see Table IV in Section II.B.1., 

‘‘Application of ‘‘Fee Relief/Surcharge’’ 

of this document). The summary 

calculations used to derive this value 

are presented in Table VI for FY 2009, 

with FY 2008 values shown for 

comparison. 

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculation FY 2008 

final 

FY 2009 

proposed 

Total budgeted resources ................................................................................................................................................ $31.5 $44.6 

Less estimated part 170 receipts .................................................................................................................................... ¥17.2 ¥21.8 

Net part 171 resources ............................................................................................................................................. 14.3 22.8 

Allocated generic transportation ...................................................................................................................................... +0.5 +0.4 

Allocated fee relief/surcharge .......................................................................................................................................... ¥0.1 +0.2 

Billing adjustments ........................................................................................................................................................... ¥0.8 ¥0.3 

Total required annual fee recovery .......................................................................................................................... 13.9 23.1 

The increase in FY 2009 total 

budgeted resources allocated to this fee 

class compared with FY 2008 is 

primarily due to increases in resources 

for new uranium enrichment facility 

licensing activities partially offset by a 

higher part 170 revenue estimate. 

The total required annual fee recovery 

amount is allocated to the individual 

fuel facility licensees based on the 

effort/fee determination matrix 

developed for the FY 1999 final fee rule 

(64 FR 31447; June 10, 1999). In the 

matrix included in the NRC publicly 

available work papers, licensees are 

grouped into categories according to 

their licensed activities (i.e., nuclear 

material enrichment, processing 

operations, and material form) and 

according to the level, scope, depth of 

coverage, and rigor of generic regulatory 

programmatic effort applicable to each 

category from a safety and safeguards 

perspective. This methodology can be 

applied to determine fees for new 

licensees, current licensees, licensees in 

unique license situations, and certificate 

holders. 

This methodology is adaptable to 

changes in the number of licensees or 

certificate holders, licensed or certified 

material and/or activities, and total 

programmatic resources to be recovered 

through annual fees. When a license or 

certificate is modified, it may result in 

a change of category for a particular fuel 

facility licensee as a result of the 

methodology used in the fuel facility 

effort/fee matrix. Consequently, this 

change may also have an effect on the 

fees assessed to other fuel facility 

licensees and certificate holders. For 

example, if a fuel facility licensee 

amends its license/certificate (e.g., 

decommissioning or license 

termination) that results in it not being 

subject to part 171 costs applicable to 

the fee class, then the budgeted costs for 

the safety and/or safeguards 

components will be spread among the 

remaining fuel facility licensees/ 

certificate holders. 

The methodology is applied as 

follows. First, a fee category is assigned 

based on the nuclear material and 

activity authorized by license or 

certificate. Although a licensee/ 

certificate holder may elect not to fully 

use a license/certificate, the license/ 

certificate is still used as the source for 

determining authorized nuclear material 

possession and use/activity. Second, the 

category and license/certificate 

information are used to determine 

where the licensee/certificate holder fits 

into the matrix. The matrix depicts the 

categorization of licensees/certificate 

holders by authorized material types 

and use/activities. 

Each year, the NRC’s fuel facility 

project managers and regulatory 

analysts determine the level of effort 

associated with regulating each of these 

facilities. This is done by assigning, for 

each fuel facility, separate effort factors 

for the safety and safeguards activities 

associated with each type of regulatory 

activity. The matrix includes ten types 

of regulatory activities, including 

enrichment and scrap/waste related 

activities (see the work papers for the 

complete list). Effort factors are assigned 

as follows: One (low regulatory effort), 

five (moderate regulatory effort), and ten 

(high regulatory effort). These effort 

factors are then totaled for each fee 

category, so that each fee category has 

a total effort factor for safety activities 

and a total effort factor for safeguards 

activities. 

The effort factors for the various fuel 

facility fee categories are summarized in 

Table VII. The value of the effort factors 

shown, as well as the percent of the 

total effort factor for all fuel facilities, 

reflects the total regulatory effort for 

each fee category (not per facility). Note 

that the effort factors for the High 

Enriched Uranium Fuel (HEU) fee 

category have decreased from FY 2008. 

The safety and safeguards factors 

decreased in FY 2009 to reflect process 

changes such as HEU downblending 

and liquid UF6 workload. Taking into 

account both of these changes, the total 

safety and safeguards effort factor 

change is relatively small. 

TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES

Facility type (fee category) Number of 

facilities 

Effort factors 

(percent of total) 

Safety Safeguards 

High Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... 2 87 (33.3) 97 (51.1) 

Uranium Enrichment (1.E) ........................................................................................................... 2 70 (26.8) 40 (21.1) 

Low Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... 3 71 (27.2) 26 (13.7) 

UF6 Conversion (2.A.(1)) ............................................................................................................. 1 12 (4.6) 7 (3.7) 

Limited Operations (1.A.(2)(a)) .................................................................................................... 1 12 (4.6) 3 (1.6) 

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TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES—Continued 

Facility type (fee category) Number of 

facilities 

Effort factors 

(percent of total) 

Safety Safeguards 

Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. 1 3 (1.1) 15 (7.9) 

Hot Cell (1.A.(2)(c)) ..................................................................................................................... 1 6 (2.3) 2 (1.1) 

The budgeted resources before the 

surcharge for safety activities 

($13,283,085) are allocated to each fee 

category based on its percent of the total 

regulatory effort for safety activities. For 

example, if the total effort factor for 

safety activities for all fuel facilities is 

100, and the total effort factor for safety 

activities for a given fee category is 10, 

that fee category will be allocated 10 

percent of the total budgeted resources 

for safety activities. Similarly, the 

budgeted resources before the surcharge 

for safeguards activities ($9,669,679) are 

allocated to each fee category based on 

its percent of the total regulatory effort 

for safeguards activities. The fuel 

facility fee class’ portion of the 

surcharge ($192,336) is allocated to each 

fee category based on its percent of the 

total regulatory effort for both safety and 

safeguards activities. The annual fee per 

licensee is then calculated by dividing 

the total allocated budgeted resources 

for the fee category by the number of 

licensees in that fee category as 

summarized in Table VIII. 

TABLE VIII—ANNUAL FEES FOR FUEL

FACILITIES

Facility type (fee category) FY 2009 

annual fee 

High Enriched Uranium Fuel 

(1.A.(1)(a)) ......................... $4,721,000 

Uranium Enrichment (1.E.) ... 2,823,000 

Low Enriched Uranium 

(1.A.(1)(b)) ......................... 1,659,000 

UF6 Conversion (2.A.(1)) ...... 975,000 

Gas Centrifuge Enrichment 

Demonstration (1.A.(2)(b)) 924,000 

Limited Operations Facility 

(1.A.(2)(a)) ......................... 770,000 

Hot Cell (and others) 

(1.A.(2)(c)) ......................... 411,000 

The NRC does not expect to authorize 

operation of any new uranium 

enrichment facility in FY 2009. The 

annual fee applicable to any type of new 

uranium enrichment facility is the 

annual fee in § 171.16, fee category 1.E., 

Uranium Enrichment, unless the NRC 

establishes a new fee category for the 

facility in a subsequent rulemaking. 

b. Uranium Recovery Facilities 

The total FY 2009 budgeted cost to be 

recovered through annual fees assessed 

to the uranium recovery class [which 

includes licensees in fee categories 

2.A.(2)(a), 2.A.(2)(b), 2.A.(2)(c), 

2.A.(2)(d), 2.A.(2)(e), 2.A.(3), 2.A.(4), 

2.A.(5) and 18.B., under § 171.16], is 

approximately $0.52 million. The 

derivation of this value is shown in 

Table IX, with FY 2008 values shown 

for comparison purposes. 

TABLE IX—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2008 

final 

FY 2009 

proposed 

Total budgeted resources ................................................................................................................................................ $2.56 $6.97 

Less estimated part 170 receipts .................................................................................................................................... ¥2.02 ¥6.38 

Net part 171 resources ............................................................................................................................................. $0.54 $0.59 

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

Allocated fee relief ........................................................................................................................................................... ¥0.03 ¥0.02 

Billing adjustments ........................................................................................................................................................... ¥0.06 ¥0.05 

Total required annual fee recovery .......................................................................................................................... 0.46 0.52 

The increase in the total required 

annual fee recovery is mainly due to an 

increase in uranium recovery licensing 

and inspection resources for the existing 

licensees. In FY 2009, NRC is proposing 

to exclude the generic budget resources 

supporting applications for new 

uranium recovery facilities from the 

annual fee charged to current uranium 

recovery licensees. Instead the budget 

resources would be allocated to 

operating reactors and fuel facility 

licensees since these fee classes would 

potentially benefit from increased 

production of the uranium milled by the 

new facilities. The generic resources 

supporting the new uranium recovery 

facilities do not benefit the existing 

uranium recovery licensees. 

Since FY 2002, the NRC has 

computed the annual fee for the 

uranium recovery fee class by allocating 

the total annual fee amount for this fee 

class, between DOE and the other 

licensees in this fee class. The NRC 

regulates DOE’s Title I and Title II 

activities under the Uranium Mill 

Tailings Radiation Control Act 

(UMTRCA). The Congress established 

the two programs, Title I and Title II 

under UMTRCA, to protect the public 

and the environment from uranium 

milling. The UMTRCA Title I program 

is for remedial action at abandoned mill 

tailings sites where tailings resulted 

largely from production of uranium for 

the weapons program. The NRC also 

regulates DOE’s UMTRCA Title II 

program which is directed toward 

uranium mill sites licensed by the NRC 

or Agreement States in or after 1978. 

In FY 2009, 35 percent of the total 

annual fee amount, less $246,563 

specifically budgeted for Title I 

activities, is allocated to DOE’s 

UMTRCA facilities. The remaining 65 

percent of the total annual fee (less the 

amounts specifically budgeted for Title 

I activities) is allocated to other 

licensees. The reduction in resources for 

licensing the DOE is based on the 

reduced effort expended for DOE 

UMTRCA. This is a change from FY 

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2008 when the distribution of the 

annual fee was 40 percent to DOE and 

60 percent to non-DOE licensees. The 

change reflects NRC’s current level of 

effort. This change in the distribution of 

uranium recovery fee class resources 

between non-DOE uranium recovery 

facilities and DOE results in a decrease 

in annual fee for the DOE compared to 

the increase in annual fee for non-DOE 

facilities. Of the required annual fee 

collections, $342,000 (rounded) would 

be assessed to DOE for licensing its 

UMTRCA activities as fee category 18.B 

in § 170.16. 

The remaining $176,000 (rounded) 

would be recovered through annual fees 

assessed to the other licensees in this 

fee class (i.e., conventional mills, in-situ 

recovery (ISR) facilities), 11e.(2) mill 

tailings disposal facilities (incidental to 

existing tailings sites), and a uranium 

water treatment facility. Beginning in 

FY 2009, NRC is proposing to replace 

the existing single fee category, 

2.A.(2)(b) for uranium ISR facilities with 

four fee categories based on the type of 

ISR facilities. The addition of the new 

fee categories is needed to reflect the 

diverse types of uranium recovery 

facilities planned for construction and 

operation in the near future. 

Additionally, the new fee categories will 

better reflect the NRC’s regulatory 

benefit provided to the different types of 

facilities, both existing and planned. 

The revised fee category, 2.A.(2)(b), 

would be for an ISR yellowcake facility 

with zero to three satellites. These 

facilities include a central processing 

plant (CPP) that includes all the 

equipment necessary to collect uranium 

on resin, strip uranium from the resin, 

and process the uranium into a 

yellowcake slurry or dried yellowcake 

powder. These facilities may also 

receive resins from up to three satellite 

facilities operated by the same company 

for further processing of the contained 

uranium into yellowcake. 

The new 2.A.(2)(c) fee category would 

be for an ISR yellowcake facility with 

more than three satellites. These 

facilities have a CPP with the same 

equipment as the fee category as stated 

previously, but have four or more 

satellite facilities, which necessitates a 

correspondingly greater allocation of the 

staff’s generic resources. 

The new 2.A.(2)(d) fee category would 

be for a stand-alone ISR Resin facility 

which performs ISR recovery operations 

and includes equipment for the 

collection of dissolved uranium from 

onsite underground ore bodies onto ion 

exchange resins. The resins are then 

transported to another company’s 

facility for further processing of the 

collected uranium into yellowcake. 

The new fee category, 2.A.(2)(e), 

would be for a Resin Toll Milling 

Facility. These facilities do not conduct 

any onsite recovery of uranium but 

consist of a CPP for the purpose of 

processing resins from other ISR 

facilities into yellowcake. Allocation of 

generic resources for these facilities 

would be less than that allocated for the 

other categories of ISR facilities. 

The annual fee being assessed to DOE 

includes recovery of the costs 

specifically budgeted for NRC’s Title I 

activities plus 35 percent of the 

remaining annual fee amount, including 

the fee-relief and generic/other costs, for 

the uranium recovery class. The 

remaining 65 percent of the fee-relief 

and generic/other costs are assessed to 

the other NRC licensees in this fee class 

that are subject to annual fees. The costs 

to be recovered through annual fees 

assessed to the uranium recovery class 

are shown in Table X. 

TABLE X—COSTS RECOVERED

THROUGH ANNUAL FEES; URANIUM

RECOVERY FEE CLASS

DOE annual fee mount (UMTRCA title I and 

title II) general licenses: 

UMTRCA Title I budgeted 

costs .................................. $246,563 

35 percent of generic/other 

uranium recovery budgeted costs .......................... 103,269 

35 percent of uranium recovery fee-relief ...................... ¥8,241 

Total Annual Fee 

Amount for DOE 

(rounded) ................... 342,000 

Annual fee amount for other uranium recovery licenses: 

65 percent of generic/other 

uranium recovery budgeted costs less the 

amounts specifically budgeted for Title I activities ..... 191,785 

65 percent of uranium recovery fee-relief ...................... ¥15,304 

Total Annual Fee 

Amount for Other Uranium Recovery Licenses ........................ 176,481 

The NRC will continue to use a matrix 

(which is included in the supporting 

work papers) to determine the level of 

effort associated with conducting the 

generic regulatory actions for the 

different (non-DOE) licensees in this fee 

class. The weights derived in this matrix 

are used to allocate the approximately 

$176,000, annual fee amount to these 

licensees. The use of this uranium 

recovery annual fee matrix was 

established in the FY 1995 final fee rule 

(60 FR 32217; June 20, 1995). The FY 

2009 matrix is described as follows. 

First, the methodology identifies the 

categories of licenses included in this 

fee class (besides DOE). In FY 2009, 

these categories are conventional 

uranium mills and heap leach facilities, 

uranium solution mining and resin ISR 

facilities mill tailings disposal facilities 

(11e.(2) disposal facilities), and uranium 

water treatment facilities. 

Second, the matrix identifies the 

types of operating activities that support 

and benefit these licensees. In FY 2009, 

the activities related to generic 

decommissioning/reclamation are not 

included in the matrix, because generic 

decommissioning/reclamation activities 

are included in the surcharge, and 

therefore need not be a factor in 

determining annual fees. The activities 

included in the FY 2009 matrix are 

operations, waste operations, and 

groundwater protection. The relative 

weight of each type of activity is then 

determined, based on the regulatory 

resources associated with each activity. 

The operations, waste operations, and 

groundwater protection activities have 

weights of 0, 5, and 10, respectively, in 

the FY 2009 matrix. 

Each year, the NRC determines the 

level of benefit to each licensee for 

generic uranium recovery program 

activities for each type of generic 

activity in the matrix. This is done by 

assigning, for each fee category, separate 

benefit factors for each type of 

regulatory activity in the matrix. Benefit 

factors are assigned on a scale of 0 to 10 

as follows: zero (no regulatory benefit), 

five (moderate regulatory benefit), and 

ten (high regulatory benefit). These 

benefit factors are first multiplied by the 

relative weight assigned to each activity 

(described previously). Total benefit 

factors by fee category, and per licensee 

in each fee category, are then calculated. 

These benefit factors thus reflect the 

relative regulatory benefit associated 

with each licensee and fee category. 

The benefit factors per licensee and 

per fee category, for each of the nonDOE fee categories included in the 

uranium recovery fee class, are as 

follows: 

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TABLE XI—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES

Fee category Number of 

licensees 

Benefit factor 

per licensee Total value Benefit factor percent total 

Conventional and Heap Leach mills ................................................................ 1 200 200 18 

Basic In Situ Recovery facilities ...................................................................... 3 190 570 52 

Expanded In Situ Recovery facilities ............................................................... 1 215 215 20 

11e.(2) disposal incidental to existing tailings sites ........................................ 1 65 65 6 

Uranium water treatment ................................................................................. 1 45 45 4 

The annual fee per licensee is 

calculated by dividing the total 

allocated budgeted resources for the fee 

category by the number of licensees in 

that fee category as summarized in 

Table XII. Applying these factors to the 

approximately $176,000 in budgeted 

costs to be recovered from non-DOE 

uranium recovery licensees results in 

the following annual fees for FY 2009: 

TABLE XII—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES (OTHER

THAN DOE) 

Facility type (fee category) FY 2009 

annual fee 

Conventional and Heap 

Leach mills (2.A.(2)(a)) ..... $32,200 

Basic In Situ Recovery facilities (2.A.(2)(b)) .................. 30,600 

Expanded In Situ Recovery 

facilities (2.A.(2)(c)) ........... 34,700 

11e.(2) disposal incidental to 

existing tailings sites 

(2.A.(4)) ............................. 10,500 

Uranium water treatment 

(2.A.(5)) ............................. 7,300 

c. Operating Power Reactors 

The $479.2 million in budgeted costs 

to be recovered through FY 2009 annual 

fees assessed to the power reactor class 

was calculated as shown in Table XIII. 

FY 2008 values are shown for 

comparison. 

TABLE XIII—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations FY 2008 

final 

FY 2009 

proposed 

Total budgeted resources ........................................................................................................................................ $698.8 $761.4 

Less estimated part 170 receipts ............................................................................................................................ ¥258.1 ¥276.6 

Net part 171 resources ..................................................................................................................................... $440.7 $484.8 

Allocated generic transportation .............................................................................................................................. + 1.0 + 0.8 

Allocated fee relief ................................................................................................................................................... ¥5.9 ¥1.3 

Billing adjustments ................................................................................................................................................... ¥16.5 ¥5.1 

Total required annual fee recovery .................................................................................................................. 419.3 479.2 

The budgeted costs to be recovered 

through annual fees to power reactors 

are divided equally among the 104 

power reactors licensed to operate. This 

results in a FY 2009 annual fee of 

$4,608,000 per reactor. Additionally, 

each power reactor licensed to operate 

would be assessed the FY 2009 spent 

fuel storage/reactor decommissioning 

annual fee of $127,000. This results in 

a total FY 2009 annual fee of $4,735,000 

for each power reactor licensed to 

operate. 

The annual fee for power reactors 

increases in FY 2009 compared to FY 

2008 primarily due to an increase in 

budgeted resources for licensing 

renewal activities and other licensing 

tasks. This increase is partially offset by 

the higher estimated part 170 

collections and fee-relief adjustment. In 

FY 2009, the NRC estimates an increase 

in part 170 collections of about 7 

percent for this fee class. These 

collections offset the required annual 

fee recovery amount by a total of 

approximately $276.6 million. The 

amended annual fees for power reactors 

are presented in § 171.15. 

d. Spent Fuel Storage/Reactor 

Decommissioning 

For FY 2009, budgeted costs of 

approximately $15.6 million for spent 

fuel storage/reactor decommissioning 

are to be recovered through annual fees 

assessed to part 50 power reactors, and 

to part 72 licensees who do not hold a 

part 50 license. Those reactor licensees 

that have ceased operations and have no 

fuel onsite are not subject to these 

annual fees. Table XIV shows the 

calculation of this annual fee amount. 

FY 2008 values are shown for 

comparison. 

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

CLASS

[Dollars in millions] 

Summary fee calculations FY 2008 

final 

FY 2009 

proposed 

Total budgeted resources ........................................................................................................................................ $22.4 $21.1 

Less estimated part 170 receipts ............................................................................................................................ ¥5.3 ¥5.5 

Net part 171 resources ..................................................................................................................................... $17.1 $15.6 

Allocated generic transportation .............................................................................................................................. + 0.2 + 0.2 

Allocated fee relief ................................................................................................................................................... ¥0.3 ¥0.1 

Billing adjustments ................................................................................................................................................... + 0.5 ¥0.1 

Total required annual fee recovery .................................................................................................................. 16.6 15.6 

The required annual fee recovery 

amount is divided equally among 123 

licensees, resulting in a FY 2009 annual 

fee of $127,000 per licensee. The value 

of total budgeted resources for this fee 

class decreases in FY 2009 compared to 

FY 2008 due to a decrease in the 

budgeted resources for 

decommissioning and the fee-relief 

adjustment. 

e. Test and Research Reactors (Nonpower Reactors) 

Approximately $500,000 in budgeted 

costs is to be recovered through annual 

fees assessed to the test and research 

reactor class of licenses for FY 2009. 

Table XV summarizes the annual fee 

calculation for test and research reactors 

for FY 2009. FY 2008 values are shown 

for comparison. 

TABLE XV—ANNUAL FEE SUMMARY

CALCULATIONS FOR TEST AND RESEARCH REACTORS

[Dollars in millions] 

Summary fee calculations 

FY 

2008 

final 

FY 

2009 

proposed 

Total budgeted resources $0.99 $1.22 

Less estimated part 170 

receipts .......................... ¥0.66 ¥0.72 

Net part 171 resources .................. $0.33 $0.50 

Allocated generic transportation ............................. + 0.01 + 0.01 

Allocated fee relief ............ ¥0.01 0.00 

Billing adjustments ............ ¥0.02 ¥0.01 

Total required annual 

fee recovery ........... 0.31 0.50 

This required annual fee recovery 

amount is divided equally among the 

four test and research reactors subject to 

annual fees, and results in a FY 2009 

annual fee of $124,500 for each licensee. 

The increase in annual fees from FY 

2008 to FY 2009 is due to an increase 

in budget resources for license renewal 

activities partially offset by higher part 

170 revenue estimate for test and 

research reactors class. 

f. Rare Earth Facilities 

The one licensee who had an NRC 

specific license for receipt and 

processing of source material under the 

Rare Earth fee class transferred to the 

Agreement State, Commonwealth of 

Pennsylvania, effective March 31, 2008. 

Because the agency does not 

anticipate receiving an application for a 

rare earth facility this fiscal year, no 

budget resources were allocated to this 

fee class and no annual fee will be 

published in FY 2009. NRC has also 

revised the fee category for this fee class 

from 2.A.(2)(c) to 2.A.(2)(f) in FY 2009. 

g. Materials Users 

Table XVI shows the calculation of 

the FY 2009 annual fee amount for 

materials users licensees. FY 2008 

values are shown for comparison. Note 

the following fee categories under 

§ 171.16 are included in this fee class: 

1.C., 1.D., 2.B., 2.C., 3.A. through 3.S., 

4.A. through 4.C., 5.A., 5.B., 6.A., 7.A. 

through 7.C., 8.A., 9.A. through 9.D., 16, 

and 17. 

TABLE XVI—ANNUAL FEE SUMMARY

CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations 

FY 

2008 

final 

FY 

2009 

proposed 

Total budgeted resources $22.8 $ 28.7 

Less estimated part 170 

receipts .......................... ¥2.0 ¥1.2 

Net part 171 resources .................. $20.8 $27.5 

Allocated generic transportation ............................. + 0.9 + 0.8 

Allocated surcharge .......... + 0.3 + 0.6 

Billing adjustments ............ ¥0.5 ¥0.1 

TABLE XVI—ANNUAL FEE SUMMARY

CALCULATIONS FOR MATERIALS

USERS—Continued 

[Dollars in millions] 

Summary fee calculations 

FY 

2008 

final 

FY 

2009 

proposed 

Total required annual 

fee recovery ........... 21.4 28.8 

The total required annual fees to be 

recovered from materials licensees 

increases in FY 2009 mainly because of 

increases in the budgeted resources 

allocated to this fee class for licensing 

activities, and a lower part 170 estimate. 

Annual fees for most fee categories 

within the materials users fee class 

increase. The number of licensees also 

decreases because of the expected 

transfer of licensees to the 

Commonwealth of Virginia. Because the 

agreement with the Commonwealth of 

Virginia is expected to be effective 

March 31, 2009, the licensees 

transferring to the Commonwealth of 

Virginia will be subject to one-half of 

the annual fees. 

To equitably and fairly allocate the 

$28.8 million in FY 2009 budgeted costs 

to be recovered in annual fees assessed 

to the approximately 3,800 diverse 

materials users licensees, the NRC will 

continue to base the annual fees for each 

fee category within this class on the part 

170 application fees and estimated 

inspection costs for each fee category. 

Because the application fees and 

inspection costs are indicative of the 

complexity of the license, this approach 

continues to provide a proxy for 

allocating the generic and other 

regulatory costs to the diverse categories 

of licenses based on NRC’s cost to 

regulate each category. This fee 

calculation also continues to consider 

the inspection frequency (priority), 

which is indicative of the safety risk and 

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resulting regulatory costs associated 

with the categories of licenses. 

The annual fee for these categories of 

materials users licenses is developed as 

follows: 

Annual fee = Constant × [Application 

Fee + (Average Inspection Cost divided 

by Inspection Priority)] + Inspection 

Multiplier × (Average Inspection Cost 

divided by Inspection Priority) + 

Unique Category Costs. 

The constant is the multiple necessary 

to recover approximately $20.9 million 

in general costs (including allocated 

generic transportation costs) and is 1.3 

for FY 2009. The average inspection cost 

is the average inspection hours for each 

fee category multiplied by the hourly 

rate of $257. The inspection priority is 

the interval between routine 

inspections, expressed in years. The 

inspection multiplier is the multiple 

necessary to recover approximately $7.2 

million in inspection costs, and is 1.71 

for FY 2009. The unique category costs 

are any special costs that the NRC has 

budgeted for a specific category of 

licenses. For FY 2009, no unique costs 

were identified. 

The annual fee to be assessed to each 

licensee also includes a net surcharge of 

$625,000 (see Section II.B.1., 

‘‘Application of ‘‘Fee Relief/Surcharge,’’ 

of this document). This surcharge is the 

result of subtracting the $87,000 in fee 

relief (reduction to annual fee) allocated 

to the materials users fee class from the 

approximately $712,000 in LLW 

surcharge costs allocated to the fee 

class. The amended annual fee for each 

fee category is shown in § 171.16(d). 

h. Transportation 

Table XVII shows the calculation of 

the FY 2009 generic transportation 

budgeted resources to be recovered 

through annual fees. FY 2008 values are 

shown for comparison. 

TABLE XVII—ANNUAL FEE SUMMARY

CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee 

calculations 

FY 2008 

final 

FY 2009 

proposed 

Total budgeted 

resources ...... $5.7 $6.1 

Less estimated 

part 170 receipts ............. ¥2.3 ¥3.1 

Net part 171 

resources 3.4 3.0 

The NRC must approve any package 

used for shipping nuclear material 

before shipment. If the package meets 

NRC requirements, the NRC issues a 

Radioactive Material Package Certificate 

of Compliance (CoC) to the organization 

requesting approval of a package. 

Organizations are authorized to ship 

radioactive material in a package 

approved for use under the general 

licensing provisions of 10 CFR Part 71. 

The resources associated with generic 

transportation activities are distributed 

to the license fee classes based on the 

number of CoCs benefitting (used by) 

that fee class, as a proxy for the generic 

transportation resources expended for 

each fee class. 

The total FY 2009 budgeted resources 

for generic transportation activities, 

including those to support DOE CoCs, 

are $3.0 million. The budgeted 

resources for these activities in FY 2009 

decreased compared with FY 2008, 

mostly due to higher part 170 revenue 

estimate partially offset by increase in 

budget resources for licensing activities. 

Generic transportation resources 

associated with fee-exempt entities are 

not included in this total. These costs 

are included in the appropriate fee-relief 

category (e.g., the fee-relief category for 

nonprofit educational institutions). 

Consistent with the policy established 

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

FR 30734; May 30, 2006), the NRC will 

recover generic transportation costs 

unrelated to DOE as part of existing 

annual fees for license fee classes. NRC 

will continue to assess a separate annual 

fee under § 171.16, fee category 18.A., 

for DOE transportation activities. The 

CoCs for DOE decreased in FY 2009 

compared to FY 2008 resulting in a 

lower annual fee for DOE under fee 

category 18.A. 

The amount of the generic resources 

allocated 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. In FY 2009, the generic 

transportation cost allocated to the most 

fee classes decreases compared to FY 

2008 due to the decrease in total 

budgeted resources allocated for 

transportation. 

The distribution of these resources to 

the license fee classes and DOE is 

shown in Table XVIII. The distribution 

is adjusted to account for the licensees 

in each fee class that are fee exempt. For 

example, if 3 CoCs benefit the entire test 

and research reactor class, but only 4 of 

30 test and research reactors are subject 

to annual fees, the number of CoCs used 

to determine the proportion of generic 

transportation resources allocated to test 

and research reactor annual fees equals 

((4/30)*3), or 0.4 CoCs. 

TABLE XVIII—DISTRIBUTION OF GENERIC TRANSPORTATION RESOURCES, FY 2009 

[Dollars in millions] 

License fee class/DOE 

Number CoCs 

benefiting fee 

class (or DOE) 

Percentage of 

total CoCs 

(percent) 

Allocated 

generic 

transportation 

resources 

Total ............................................................................................................................................. 121.5 100.0 $3.00 

DOE ............................................................................................................................................. 29.0 23.9 0.72 

Operating Power Reactors .......................................................................................................... 34.0 28.0 0.84 

Spent Fuel Storage/Reactor Decommissioning .......................................................................... 9.0 7.4 0.22 

Test and Research Reactors ....................................................................................................... 0.5 0.4 0.01 

Fuel Facilities ............................................................................................................................... 17.0 14.0 0.42 

Materials Users ............................................................................................................................ 32.0 26.3 0.79 

The NRC is proposing to continue to 

assess DOE an annual fee based on the 

part 71 CoCs it holds, and not allocate 

these DOE-related resources to other 

licensees’ annual fees, because these 

resources specifically support DOE. 

Note that DOE’s proposed annual fee 

includes a reduction for the fee relief 

(see Section II.B.1, Application of ‘‘Fee 

Relief/Surcharge,’’ of this document), 

resulting in a total annual fee of 

$679,000 for FY 2009. This fee decrease 

from last year is primarily due to a 

decrease in the number of DOE CoCs. 

4. Small Entity Fees 

The small entity annual fee is charged 

to those licensees who qualify as small 

entities and would otherwise be 

required to pay annual fees as stipulated 

under § 171.16(d). Based on an in-depth 

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analysis conducted in FY 2009, the NRC 

is proposing to reduce the maximum 

small entity fee from $2,300 to $1,900 

and the lower tier fee from $500 to $400. 

This reduction reflects the decrease in 

annual fees for the small materials 

licensees in the past two years. 

In 2007, the NRC revised its receiptsbased size standards (72 FR 44951, 

August 10, 2007) to conform to the 

Small Business Agency standards. The 

maximum average gross annual receipts 

(upper tier) to qualify as a small entity 

were changed to $6.5 million from $5 

million. The NRC is now proposing to 

revise the small entity lower tier 

receipts-based threshold to $450,000 

from $350,000. This change is 

approximately the same percentage 

adjustment as the change in the upper 

tier receipts-based standard. 

5. Fee Category Changes 

The NRC is proposing to revise the fee 

categories for uranium recovery 

facilities in § 171.16. The new fee 

categories will better reflect the NRC’s 

regulatory effort expended for the 

different types of facilities, both existing 

and planned. A more detailed 

discussion is in Section II.B.3.b., 

‘Uranium Recovery Facilities’. The NRC 

is also proposing to modify footnote 4 

in § 171.16 to remove references to 

uranium milling. These references no 

longer apply since fee categories 2.A.(2) 

related to uranium recovery facilities 

have been revised. 

The NRC is also proposing to revise 

the description for two fee categories, 

7.A. and 17 in § 171.16. The NRC 

proposes to amend fee category 7.A., 

related to medical licenses, to more 

precisely state which medical devices it 

covers. Currently, the fee category 

applies to teletherapy devices. The NRC 

has historically included gamma 

stereotactic radiosurgery units (gamma 

knives) in this category per NUREG 

1556, Volume 20, Appendix G. This 

amendment explicitly provides that fee 

category 7.A. include gamma knives and 

other similar beam therapy devices. The 

fee category 17 for master materials 

license is being expanded to include 

non-government entities with multi-site 

licenses. 

The new fee category descriptions do 

not represent any additions to the types 

of licenses regulated by NRC. These 

changes will help clarify the types of 

licenses covered under specific 

categories for NRC licensees. 

6. Administrative Amendments 

The NRC applies the 10 percent of its 

budget that it receives as fee relief under 

OBRA–90, as amended, to offset the 

budget resources supporting activities 

which do not directly benefit current 

NRC licensees (fee-relief activities). Any 

remaining amount is allocated to all 

licensees’ annual fees (see Section 

II.B.1., Application of ‘‘Fee Relief/ 

Surcharge’’ of this document). The NRC 

is proposing to replace the term for this 

allocated amount in § 171.15 and 

§ 171.16 from ‘surcharge’ to ‘fee-relief 

adjustment’. The new term better 

describes the allocated amount since the 

fee relief is a reduction in annual fee for 

most fee classes in FY 2009. The 

allocation is an adjustment to the 

annual fee. 

In summary, the NRC is proposing 

to— 

1. Use the NRC’s fee relief to reduce 

all licensees’ annual fees, based on their 

percent of the NRC budget; 

2. Revise the number of NRC licensees 

to reflect the expectation that the 

Commonwealth of Virginia will become 

an Agreement State on March 31, 2009; 

3. Establish rebaselined annual fees 

for FY 2009; and 

4. Reduce the maximum small entity 

fee from $2,300 to $1,900, and the lower 

tier fee from $500 to $400. 

5. Revise some fee categories to better 

reflect NRC’s regulatory effort. 

6. Make certain administrative 

changes for purposes of clarification. 

III. Plain Language 

The Presidential Memorandum dated 

June 1, 1998, entitled, ‘‘Plain Language 

in Government Writing’’ directed that 

the Government’s writing be in plain 

language. This memorandum was 

published on June 10, 1998 (63 FR 

31883). The NRC requests specific 

comments on the clarity and 

effectiveness of the language in the 

proposed rule. Comments should be 

sent to the address listed under the 

ADDRESSES heading. 

IV. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, 15 

U.S.C. 3701, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless 

using these standards is inconsistent 

with applicable law or is otherwise 

impractical. The NRC is proposing to 

amend the licensing, inspection, and 

annual fees charged to its licensees and 

applicants as necessary to recover 

approximately 90 percent of its budget 

authority in FY 2009, as required by the 

Omnibus Budget Reconciliation Act of 

1990, as amended. This action does not 

constitute the establishment of a 

standard that contains generally 

applicable requirements. 

V. Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

proposed rule is the type of action 

described in categorical exclusion 10 

CFR 51.22(c)(1). Therefore, neither an 

environmental assessment nor an 

environmental impact statement has 

been prepared for the proposed rule. By 

its very nature, this regulatory action 

does not affect the environment and, 

therefore, no environmental justice 

issues are raised. 

VI. Paperwork Reduction Act 

Statement 

This proposed rule does not contain 

information collection requirements 

and, therefore, is not subject to the 

requirements of the Paperwork 

Reduction Act of 1995 44 U.S.C. 3501 et 

seq. 

VII. Regulatory Analysis 

With respect to 10 CFR part 170, this 

proposed rule was developed under 

Title V of the IOAA (31 U.S.C. 9701) 

and the Commission’s fee guidelines. 

When developing these guidelines the 

Commission took into account guidance 

provided by the U.S. Supreme Court on 

March 4, 1974, in National Cable 

Television Association, Inc. v. United 

States, 415 U.S. 36 (1974) and Federal 

Power Commission v. New England 

Power Company, 415 U.S. 345 (1974). In 

these decisions, the Court held that the 

IOAA authorizes an agency to charge 

fees for special benefits rendered to 

identifiable persons measured by the 

‘‘value to the recipient’’ of the agency 

service. The meaning of the IOAA was 

further clarified on December 16, 1976, 

by four decisions of the U.S. Court of 

Appeals for the District of Columbia: 

National Cable Television Association 

v. Federal Communications 

Commission, 554 F.2d 1094 (DC Cir. 

1976); National Association of 

Broadcasters v. Federal 

Communications Commission, 554 F.2d 

1118 (DC Cir. 1976); Electronic 

Industries Association v. Federal 

Communications Commission, 554 F.2d 

1109 (DC Cir. 1976); and Capital Cities 

Communication, Inc. v. Federal 

Communications Commission, 554 F.2d 

1135 (DC Cir. 1976). The Commission’s 

fee guidelines were developed based on 

these legal decisions. 

The Commission’s fee guidelines were 

upheld on August 24, 1979, by the U.S. 

Court of Appeals for the Fifth Circuit in 

Mississippi Power and Light Co. v. U.S. 

Nuclear Regulatory Commission, 601 

F.2d 223 (5th Cir. 1979), cert. denied, 

444 U.S. 1102 (1980). This court held 

that: 

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(1) The NRC had the authority to 

recover the full cost of providing 

services to identifiable beneficiaries; 

(2) The NRC could properly assess a 

fee for the costs of providing routine 

inspections necessary to ensure a 

licensee’s compliance with the Atomic 

Energy Act of 1954, as amended, and 

with applicable regulations; 

(3) The NRC could charge for costs 

incurred in conducting environmental 

reviews required by the National 

Environmental Policy Act, 42 U.S.C. 

4321; 

(4) The NRC properly included the 

costs of uncontested hearings and of 

administrative and technical support 

services in the fee schedule; 

(5) The NRC could assess a fee for 

renewing a license to operate a lowlevel radioactive waste burial site; and 

(6) The NRC’s fees were not arbitrary 

or capricious. 

With respect to 10 CFR part 171, on 

November 5, 1990, the Congress passed 

OBRA–90, which required that, for FYs 

1991 through 1995, approximately 100 

percent of the NRC budget authority, 

less appropriations from the NWF, be 

recovered through the assessment of 

fees. OBRA–90 was subsequently 

amended to extend the 100 percent fee 

recovery requirement through FY 2000. 

The FY 2001 Energy and Water 

Development Appropriation Act 

(EWDAA) amended OBRA–90 to 

decrease the NRC’s fee recovery amount 

by 2 percent per year beginning in FY 

2001, until the fee recovery amount was 

90 percent in FY 2005. The FY 2006 

EWDAA extended this 90 percent fee 

recovery requirement for FY 2006. 

Section 637 of the Energy Policy Act of 

2005 made the 90 percent fee recovery 

requirement permanent in FY 2007. As 

a result, the NRC is required to recover 

approximately 90 percent of its FY 2009 

budget authority, less the amounts 

appropriated from the NWF, WIR, and 

generic homeland security activities 

through fees. To comply with this 

statutory requirement and in accordance 

with ( 171.13, the NRC is publishing the 

amount of the FY 2009 annual fees for 

reactor licensees, fuel cycle licensees, 

materials licensees, and holders of 

CoCs, registrations of sealed source and 

devices, and Government agencies. 

OBRA–90, consistent with the 

accompanying Conference Committee 

Report, and the amendments to OBRA– 

90, provides that— 

(1) The annual fees will be based on 

approximately 90 percent of the 

Commission’s FY 2009 budget of 

$1,069.8 million less the funds directly 

appropriated from the NWF to cover the 

NRC’s high-level waste program, and for 

WIR, generic homeland security 

activities, and less the amount of funds 

collected from part 170 fees; 

(2) The annual fees shall, to the 

maximum extent practicable, have a 

reasonable relationship to the cost of 

regulatory services provided by the 

Commission; and 

(3) The annual fees be assessed to 

those licensees the Commission, in its 

discretion, determines can fairly, 

equitably, and practicably contribute to 

their payment. 

Part 171, which established annual 

fees for operating power reactors 

effective October 20, 1986 (51 FR 33224; 

September 18, 1986), was challenged 

and upheld in its entirety in Florida 

Power and Light Company v. United 

States, 846 F.2d 765 (DC Cir. 1988), cert. 

denied, 490 U.S. 1045 (1989). Further, 

the NRC’s FY 1991 annual fee rule 

methodology was upheld by the D.C. 

Circuit Court of Appeals in Allied 

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

1993). 

VIII. Regulatory Flexibility Analysis 

The NRC is required by the OBRA–90, 

as amended, to recover approximately 

90 percent of its FY 2009 budget 

authority through the assessment of user 

fees. This Act further requires that the 

NRC establish a schedule of charges that 

fairly and equitably allocates the 

aggregate amount of these charges 

among licensees. 

This proposed rule would establish 

the schedules of fees that are necessary 

to implement the Congressional 

mandate for FY 2009. This rule would 

result in increases in the annual fees 

charged to certain licensees and holders 

of certificates, registrations, and 

approvals, and decreases in annual fees 

for others. Licensees affected by the 

annual fee increases and decreases 

include those that qualify as a small 

entity under NRC’s size standards in 10 

CFR 2.810. The Regulatory Flexibility 

Analysis, prepared in accordance with 5 

U.S.C. 604, is included as Appendix A 

to this proposed rule. 

The Small Business Regulatory 

Enforcement Act (SBREFA) requires all 

Federal agencies to prepare a written 

compliance guide for each rule for 

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

604 to prepare a regulatory flexibility 

analysis. Therefore, in compliance with 

the law, Attachment 1 to the Regulatory 

Flexibility Analysis is the small entity 

compliance guide for FY 2009. 

IX. Backfit Analysis 

The NRC has determined that the 

backfit rule, 10 CFR 50.109, does not 

apply to this proposed rule and that a 

backfit analysis is not required for this 

proposed rule. The backfit analysis is 

not required because these amendments 

do not require the modification of, or 

additions to systems, structures, 

components, or the design of a facility, 

or the design approval or manufacturing 

license for a facility, or the procedures 

or organization required to design, 

construct, or operate a facility. 

List of Subjects 

10 CFR Part 170 

Byproduct material, Import and 

export licenses, Intergovernmental 

relations, Non-payment penalties, 

Nuclear materials, Nuclear power plants 

and reactors, Source material, Special 

nuclear material. 

10 CFR Part 171 

Annual charges, Byproduct material, 

Holders of certificates, Registrations, 

Approvals, Intergovernmental relations, 

Non-payment penalties, Nuclear 

materials, Nuclear power plants and 

reactors, Source material, Special 

nuclear material. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 553, the NRC 

is proposing to adopt the following 

amendments to 10 CFR parts 170 and 

171. 

PART 170—FEES FOR FACILITIES, 

MATERIALS, IMPORT AND EXPORT 

LICENSES, AND OTHER 

REGULATORY SERVICES UNDER THE 

ATOMIC ENERGY ACT OF 1954, AS 

AMENDED 

1. The authority citation for part 170 

continues to read as follows: 

Authority: Section 9701, Pub. L. 97–258, 

96 Stat. 1051 (31 U.S.C. 9701); Sec. 301, Pub. 

L. 92–314, 86 Stat. 227 (42 U.S.C. 2201w); 

sec. 201, Pub. L. 93–438, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); Sec. 205a, Pub. L. 

101–576, 104 Stat. 2842, as amended (31 

U.S.C. 901, 902); Sec. 1704, 112 Stat. 2750 

(44 U.S.C. 3504 note), sec. 623, Pub. L. 109– 

58, 119 Stat. 783 (42 U.S.C. 2201(w)); Sec. 

651(e), Pub. L. 109–58, 119 Stat. 806–810 (42 

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

2. Section 170.11 is revised to read as 

follows: 

§ 170.11 Exemptions. 

(a) No application fees, license fees, 

renewal fees, inspection fees, or special 

project fees shall be required for: 

(1) A request/report submitted to the 

NRC— 

(i) In response to a Generic Letter or 

NRC Bulletin that does not result in an 

amendment to the license, does not 

result in the review of an alternate 

method or reanalysis to meet the 

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9144 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules 

requirements of the Generic Letter, or 

does not involve an unreviewed safety 

issue; 

(ii) In response to an NRC request 

from the Associate Office Director level 

or above to resolve an identified safety, 

safeguards, or environmental issue, or to 

assist NRC in developing a rule, 

regulatory guide, policy statement, 

generic letter, or bulletin; or 

(iii) As a means of exchanging 

information between industry 

organizations and the NRC. To receive 

this fee exemption, 

(A) The report should be submitted 

for the specific purpose of supporting 

ongoing NRC generic regulatory 

improvements or efforts (e.g., rules, 

regulations, regulatory guides and 

policy statements) and the agency, at the 

time the document is submitted, plans 

to use it for that purpose. The 

exemption applies even if ultimately the 

NRC does not use the document as 

planned; 

(B) The NRC must be the primary 

beneficiary of the NRC’s review and 

approval of these documents. This 

exemption does not apply to a topical 

report submitted for the purpose of 

obtaining NRC approval so that the 

report can be used by the industry in the 

future to address licensing or safety 

issues, even though the NRC may realize 

some benefits from its review and 

approval of the document; 

(C) The fee exemption is requested in 

writing to the Chief Financial Officer in 

accordance with 10 CFR 170.5, and the 

Chief Financial Officer grants this 

request in writing. 

* * * * * 

(b) The Commission may, upon 

application by an interested person, or 

upon its own initiative, grant such 

exemptions from the requirements of 

this part as it determines are authorized 

by law and are otherwise in the public 

interest. Applications for exemption 

under this paragraph may include 

activities such as, but not limited to, the 

use of licensed materials for educational 

or noncommercial public displays or 

scientific collections. 

3. Section 170.20 is revised to read as 

follows: 

§ 170.20 Average cost per professional 

staff-hour. 

Fees for permits, licenses, 

amendments, renewals, special projects, 

10 CFR part 55 requalification and 

replacement examinations and tests, 

other required reviews, approvals, and 

inspections under §§ 170.21 and 170.31 

will be calculated using the professional 

staff-hour rate of $257 per hour. 

4. In § 170.21, in the table, fee 

category K is revised 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. 

* * * * * 

SCHEDULE OF FACILITY FEES

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

* * * * * * * 

K. Import and export licenses: 

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

utilization facilities issued under 10 CFR Part 110. 

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

components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). 

Application—new license, or amendment; or license exemption request ............................................................................................... $16,700 

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

under 10 CFR 110.41(a)(1)–(8). 

Application—new license, or amendment; or license exemption request ............................................................................................... 9,800 

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

Application—new license, or amendment; or license exemption request ............................................................................................... 4,100 

4. Application for export of facility components and equipment (examples provided in 10 CFR part 110, Appendix A, Items (5) 

through (9)) not requiring Commission or Executive Branch review, or obtaining foreign government assurances. 

Application—new license, or amendment; or license exemption request ............................................................................................... 2,600 

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 ................................................................................................................................................................... 770 

* * * * * * * 

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

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

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

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

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

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

review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, 

and July 2, 1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 

29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for any topical report, amendment, revision or supplement to a topical report completed or under review from January 30, 1989, 

through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the 

applicable rate established in § 170.20. 

* * * * * * * 

4 Imports only of major components for end-use at NRC-licensed reactors are now authorized under NRC general import license. 

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5. In § 170.31, the table is revised to 

read as follows: 

§ 170.31 Schedule of fees for materials 

licenses and other regulatory services, 

including inspections, and import and 

export licenses. 

* * * * * 

SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

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

1. Special nuclear material: 

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

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

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

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

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

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

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

B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent spent

fuel storage installation (ISFSI) [Program Code(s): 23200].

Full Cost 

C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring 

systems, including x-ray fluorescence analyzers.4

Application [Program Code(s): 22140] ....................................................................................................................................................... $1,200 

D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in combination 

that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay the same fees as 

those under Category 1.A.4

Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22163, 22170, 23100, 23300, 23310] ..... $2,400 

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

2. Source material: 

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

Code(s): 11400].

Full Cost 

(2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leaching, ore 

buying stations, ion exchange facilities and in processing of ores containing source material for extraction of metals other than 

uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. 

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

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

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

(d) In Situ Recovery Resin facilities ........................................................................................................................................................... Full Cost 

(e) Resin Toll Milling facilities ..................................................................................................................................................................... Full Cost 

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

(3) Licenses that authorize the receipt of byproduct material, as defined in Section 11e.(2) of the Atomic Energy Act, from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program 

Code(s): 11600].

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).Full Cost 

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

water.

Full Cost 

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

Application [Program Code(s): 11210] ....................................................................................................................................................... $570 

C. All other source material licenses. 

Application [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] .............................................................................. $10,100 

3. Byproduct material: 

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

Application [Program Code(s): 03211, 03212, 03213] ............................................................................................................................... $12,000 

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

of items containing byproduct material for commercial distribution. 

Application [Program Code(s): 03214, 03215, 22135, 22162] .................................................................................................................. $4,500 

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). These licenses are covered by fee Category 3.D. 

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

D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of byproduct material. This category 

includes licenses issued under §§ 32.72 and/or 32.74 of this chapter to nonprofit educational institutions whose processing or 

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

Application [Program Code(s): 02512, 02514] ........................................................................................................................................... $4,400 

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] ........................................................................................................................................... $3,000 

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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

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

where the source is not exposed for irradiation purposes. 

Application [Program Code(s): 03511] ....................................................................................................................................................... $6,000 

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

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

where the source is not exposed for irradiation purposes. 

Application [Program Code(s): 03521] ....................................................................................................................................................... $28,700 

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

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

Application [Program Code(s): 03255] ....................................................................................................................................................... $5,500 

I. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to 

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

Application [Program Code(s): 03250, 03251, 03252, 03253, 03254, 03256] .......................................................................................... $10,000 

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

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

this chapter. 

Application [Program Code(s): 03240, 03241, 03243] ............................................................................................................................... $1,800 

K. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to 

persons generally licensed under part 31 of this chapter. 

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

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

and development that do not authorize commercial distribution. 

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] .............................................................................. $10,100 

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. 

Application [Program Code(s): 03620] ....................................................................................................................................................... $3,500 

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

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

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

Application [Program Code(s): 03219, 03225, 03226] ............................................................................................................................... $6,100 

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

Application [Program Code(s): 03310, 03320] ........................................................................................................................................... $5,800 

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

Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, 03810, 22130] ..... $1,400 

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

Registration ................................................................................................................................................................................................. $310 

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

specified in that section.6

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

the number of items or limits specified. 

Application [Program Code(s): 02700] ....................................................................................................................................................... $1,180 

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

Application [Program Code(s): 02710] ....................................................................................................................................................... $1,400 

S. Licenses for production of accelerator-produced radionuclides. 

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

4. Waste disposal and processing: 

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

persons for the purpose of contingency storage or commercial land disposal by the licensee; or licenses authorizing contingency

storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for 

incineration or other treatment, packaging of resulting waste and residues, and transfer of packages to another person authorized 

to receive or dispose of waste material. [Program Code(s): 03231, 03233, 03235, 03236, 06100, 06101].

Full Cost 

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

persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another 

person authorized to receive or dispose of the material. 

Application [Program Code(s): 03234] ....................................................................................................................................................... $4,400 

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

the material. 

Application [Program Code(s): 03232] ....................................................................................................................................................... $4,600 

5. Well logging: 

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

Application [Program Code(s): 03110, 03111, 03112] ............................................................................................................................... $3,400 

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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

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

6. Nuclear laundries: 

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

material. 

Application [Program Code(s): 03218] ....................................................................................................................................................... $20,500 

7. Medical licenses: 

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

nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices.

Application [Program Code(s): 02300, 02310] ........................................................................................................................................... $11,200 

B. Licenses of broad scope issued to medical institutions or two or more physicians under parts 30, 33, 35, 40, and 70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, 

source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the 

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

Application [Program Code(s): 02110] ....................................................................................................................................................... $8,000 

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

special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources 

contained in teletherapy devices. 

Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] ......................................... $2,300 

8. Civil defense: 

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

Application [Program Code(s): 03710] ....................................................................................................................................................... $1,180 

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 ........................................................................................................................................................................... $8,300 

B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured 

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

Application—each device ........................................................................................................................................................................... $8,300 

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

fuel, for commercial distribution. 

Application—each source ........................................................................................................................................................................... $5,800 

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 ........................................................................................................................................................................... $980 

10. Transportation of radioactive material: 

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

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

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

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

1. Users and Fabricators. 

Application .................................................................................................................................................................................................. $3,100 

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

2. Users. 

Application .................................................................................................................................................................................................. $3,100 

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

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

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

12. Special projects: 

Including approvals, preapplication/licensing activities, and inspections ................................................................................................... Full Cost 

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

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

14. A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, 

reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter.

Full Cost 

B. Site-specific decommissioning activities associated with unlicensed sites, regardless of whether or not the sites have been previously licensed. Part 170 fees for these activities will not be charged until July 25, 2007.Full Cost 

15. Import and Export licenses: 

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

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

A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b). 

Application—new license, or amendment; or license exemption request ................................................................................................. $16,700 

B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires NRC to consult 

with domestic host state authorities, Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection 

Agency, etc. 

Application—new license, or amendment; or license exemption request ................................................................................................. $9,800 

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. 

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SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

Application—new license, or amendment; or license exemption request ................................................................................................. $4,100 

D. Application for export or import of nuclear material, including radioactive waste, not requiring Commission or Executive Branch 

review, or obtaining foreign government assurances. This category includes applications for export or import of radioactive waste 

where the NRC has previously authorized the export or import of the same form of waste to or from the same or similar parties 

located in the same country, requiring only confirmation from the receiving facility and licensing authorities that the shipments 

may proceed according to previously agreed understandings and procedures. 

Application—new license, or amendment; or license exemption request ................................................................................................. $2,600 

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 ....................................................................................................................................................................................... $770 

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.).5

Category 1 Exports: 

F. Application for export of Category 1 materials involving an exceptional circumstances review under 10 CFR 110.42(e)(4). 

Application—new license, or amendment; or license exemption request ................................................................................................. $16,700 

G. Application for export of Category 1 materials requiring Executive Branch review, Commission review, and/or government-to-government consent. 

Application—new license, or amendment; or license exemption request ................................................................................................. $9,800 

H. Application for export of Category 1 materials requiring Commission review and government-to-government consent. 

Application—new license, or amendment; or license exemption request ................................................................................................. $6,200 

I. Application for export of Category 1 material requiring government-to-government consent. 

Application—new license, or amendment; or license exemption request ................................................................................................. $5,100 

Category 2 Exports: 

J. Application for export of Category 2 materials involving an exceptional circumstances review under 10 CFR 110.42(e)(4). 

Application—new license, or amendment; or license exemption request ................................................................................................. $16,700 

K. Applications for export of Category 2 materials requiring Executive Branch review and/or Commission review. 

Application—new license, or amendment; or license exemption request ................................................................................................. $9,800 

L. Application for the export of Category 2 materials. 

Application—new license, or amendment; or license exemption request ................................................................................................. $4,600 

Category 1 Imports: 

M. Application for the import of Category 1 material requiring Commission review. 

Application—new license, or amendment; or license exemption request ................................................................................................. $4,900 

N. Application for the import of Category 1 material. 

Application—new license, or amendment; or license exemption request ................................................................................................. $4,100 

Category 2 Imports: 

O. Application for the import of Category 2 material. 

Application—new license, or amendment; or license exemption request ................................................................................................. $3,600 

Category 1 Imports with Agent and Multiple Licensees: 

P. Application for the import of Category 1 material with agent and multiple licensees requiring Commission review. 

Application—new license, or amendment; or license exemption request ................................................................................................. $5,700 

Q. Application for the import of Category 1 material with agent and multiple licensees. 

Application—new license, or amendment; or license exemption request ................................................................................................. $4,600 

Minor Amendments (Category 1 and 2 Export and Imports): 

R. 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 authorities. 

Minor amendment ....................................................................................................................................................................................... $770 

16. Reciprocity: 

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

Application .................................................................................................................................................................................................. $1,800 

17. Master materials licenses of broad scope issued to Government agencies and other entities: 

Application .................................................................................................................................................................................................. $29,900 

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; issuance of new licenses and approvals; certain amendments and renewals to existing licenses and approvals; safety evaluations of sealed sources and devices; generally licensed device registrations; and certain 

inspections. The following guidelines apply to these charges: 

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

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

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

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

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

prescribed application fee for the highest fee category. 

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

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

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

consultations and reviews of other documents submitted to NRC for review, and project manager time for fee categories subject to full cost fees, 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 170.20 in effect when the service is provided, and the appropriate contractual support services expended. For applications currently on file for 

which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any 

professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by 

§ 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amendment, revision, or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to 

the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20. 4 Licensees paying fees under Categories 1.A., 1.B., and 1.E. are not subject to fees under Categories 1.C. and 1.D. for sealed sources authorized in the same license except for an application that deals only with the sealed sources authorized by the license. 5For a combined import and export license application for material listed in Appendix P to part 110 of this chapter, only the higher of the two 

applicable fee amounts must be paid. 6Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this 

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

PART 171—ANNUAL FEES FOR 

REACTOR LICENSES AND FUEL 

CYCLE LICENSES AND MATERIALS 

LICENSES, INCLUDING HOLDERS OF 

CERTIFICATES OF COMPLIANCE, 

REGISTRATIONS, AND QUALITY 

ASSURANCE PROGRAM APPROVALS 

AND GOVERNMENT AGENCIES 

LICENSED BY THE NRC. 

6. The authority citation for part 171 

continues to read as follows: 

Authority: Section 7601, Pub. L. 99–272, 

100 Stat. 146, as amended by Sec. 5601, Pub. 

L. 100–203, 101 Stat. 1330, as amended by 

Sec. 3201, Pub. L. 101–239, 103 Stat. 2132, 

as amended by Sec. 6101, Pub. L. 101–508, 

104 Stat. 1388, as amended by Sec. 2903a, 

Pub. L. 102–486, 106 Stat. 3125 (42 U.S.C. 

2213, 2214), and as amended by Title IV, 

Pub. L. 109–103, 119 Stat. 2283 (42 U.S.C. 

2214); Sec. 301, Pub. L. 92–314, 86 Stat. 227 

(42 U.S.C. 2201w); Sec. 201, Pub. L. 93–438, 

88 Stat. 1242, as amended (42 U.S.C. 5841); 

Sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 

note), Sec. 651(e), Pub. L.109–58, 119 Stat. 

806–810 (42 U.S.C. 2014, 2021, 2021b, 2111). 

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

introductory text of paragraph (b)(2), 

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

paragraph (c)(2) and the introductory 

text of paragraph (d)(1), and paragraphs 

(d)(2), (d)(3), and the introductory text 

of paragraph (e), are revised to read as 

follows: 

§ 171.15 Annual fees: Reactor licenses 

and independent spent fuel storage 

licenses. 

* * * * * 

(b)(1) The FY 2009 annual fee for each 

operating power reactor which must be 

collected by September 30, 2009, is 

$4,608,000. 

(2) The FY 2009 annual fee is 

comprised of a base annual fee for 

power reactors licensed to operate, a 

base spent fuel storage/reactor 

decommissioning annual fee, and 

associated additional charges (fee-relief 

adjustment). The activities comprising 

the FY 2009 spent storage/reactor 

decommissioning base annual fee are 

shown in paragraphs (c)(2)(i) and (ii) of 

this section. The activities comprising 

the FY 2009 fee-relief adjustment are 

shown in paragraph (d)(1) of this 

section. The activities comprising the 

FY 2009 base annual fee for operating 

power reactors are as follows: 

* * * * * 

(c)(1) The FY 2009 annual fee for each 

power reactor holding a 10 CFR part 50 

license that is in a decommissioning or 

possession only status and has spent 

fuel onsite, and each independent spent 

fuel storage 10 CFR part 72 licensee who 

does not hold a 10 CFR part 50 license 

is $127,000. 

(2) The FY 2009 annual fee is 

comprised of a base spent fuel storage/ 

reactor decommissioning annual fee 

(which is also included in the operating 

power reactor annual fee shown in 

paragraph (b) of this section), and an 

additional charge (fee-relief adjustment). 

The activities comprising the FY 2009 

fee-relief adjustment are shown in 

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

activities comprising the FY 2009 spent 

fuel storage/reactor decommissioning 

rebaselined annual fee are: 

* * * * * 

(d)(1) The fee-relief adjustment 

allocated to annual fees includes a 

surcharge for the activities listed in 

paragraph (d)(1)(i) of this section, plus 

the amount remaining after total 

budgeted resources for the activities 

included in paragraphs (d)(1)(ii) and 

(d)(1)(iii) of this section is reduced by 

the appropriations NRC receives for 

these types of activities. If the NRC’s 

appropriations for these types of 

activities are greater than the budgeted 

resources for the activities included in 

paragraphs (d)(1)(ii) and (d)(1)(iii) of 

this section for a given FY, an annual 

fee reduction will be allocated to annual 

fees. The activities comprising the FY 

2009 fee-relief adjustment are as 

follows: 

* * * * * 

(2) The total FY 2009 fee-relief 

adjustment allocated to the operating 

power reactor class of licenses is ¥$1.3 

million, not including the amount 

allocated to the spent fuel storage/ 

reactor decommissioning class. The FY 

2009 operating power reactor fee-relief 

adjustment to be assessed to each 

operating power reactor is 

approximately ¥$12,900. This amount 

is calculated by dividing the total 

operating power reactor fee-relief 

adjustment (¥$1.3 million) by the 

number of operating power reactors 

(104). 

(3) The FY 2009 fee-relief adjustment 

allocated to the spent fuel storage/ 

reactor decommissioning class of 

licenses is ¥$72,000. The FY 2008 

spent fuel storage/reactor 

decommissioning fee-relief adjustment 

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to be assessed to each operating power 

reactor, each power reactor in 

decommissioning or possession only 

status that has spent fuel onsite, and to 

each independent spent fuel storage 10 

CFR part 72 licensee who does not hold 

a 10 CFR part 50 license is 

approximately ¥$585. This amount is 

calculated by dividing the total fee-relief 

adjustment costs allocated to this class 

by the total number of power reactor 

licenses, except those that permanently 

ceased operations and have no fuel 

onsite, and 10 CFR part 72 licensees 

who do not hold a 10 CFR part 50 

license. 

(e) The FY 2009 annual fees for 

licensees authorized to operate a test 

and research (non-power) reactor 

licensed under part 50 of this chapter, 

unless the reactor is exempted from fees 

under § 171.11(a), are as follows: 

Research reactor ........................ $124,500 

Test reactor ................................ $124,500 

8. In § 171.16, paragraphs (b), (c), (d), 

and the introductory text of paragraph 

(e) are revised to read as follows: 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(b) The annual fee is comprised of a 

base annual fee and an allocation for 

fee-relief adjustment. The activities 

comprising the fee-relief adjustment are 

shown in paragraph (e) of this section. 

The base annual fee is the sum of 

budgeted costs for following activities: 

* * * * * 

(c) A licensee who is required to pay 

an annual fee under this section may 

qualify as a small entity. If a licensee 

qualifies as a small entity and provides 

the Commission with the proper 

certification along with its annual fee 

payment, the licensee may pay reduced 

annual fees as shown in the following 

table. Failure to file a small entity 

certification in a timely manner could 

result in the denial of any refund that 

might otherwise be due. The small 

entity fees are as follows: 

Maximum 

annual fee 

per licensed 

category 

Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): 

$450,000 to $6.5 million ............................................................................................................................................................... $1,900 

Less than 450,000 ........................................................................................................................................................................ 400 

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

$450,000 to $6.5 million ............................................................................................................................................................... 1,900 

Less than $450,000 ...................................................................................................................................................................... 400 

Manufacturing entities that have an average of 500 employees or fewer: 

35 to 500 employees .................................................................................................................................................................... 1,900 

Fewer than 35 employees ............................................................................................................................................................ 400 

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

20,000 to 50,000 .......................................................................................................................................................................... 1,900 

Fewer than 20,000 ....................................................................................................................................................................... 400 

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

35 to 500 employees .................................................................................................................................................................... 1,900 

Fewer than 35 employees ............................................................................................................................................................ 400 

(d) The FY 2009 annual fees are 

comprised of a base annual fee and an 

allocation for fee-relief adjustment. The 

activities comprising the FY 2009 feerelief adjustment are shown for 

convenience in paragraph (e) of this 

section. The FY 2009 annual fees for 

materials licensees and holders of 

certificates, registrations or approvals 

subject to fees under this section are 

shown in the following table: 

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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

1. Special nuclear material: 

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

(a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21130] ............................................................ $4,721,000 

(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] ............... 1,659,000 

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

(a) Facilities with limited operations [Program Code(s): 21310, 21320] ............................................................................................. 770,000 

(b) Gas centrifuge enrichment demonstration facilities ....................................................................................................................... 924,000 

(c) Others, including hot cell facilities .................................................................................................................................................. 411,000 

B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent 

spent fuel storage installation (ISFSI) [Program Code(s): 23200] .................................................................................................. 11 N/A 

C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers [Program Code(s): 22140] ........................................................................ 2,700 

D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in combination that would constitute a critical quantity, as defined in ( 150.11 of this chapter, for which the licensee shall pay the same 

fees as those for Category 1.A.(2) [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22163, 

22170, 23100, 23300, 23310] .......................................................................................................................................................... 7,700 

E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] ......................................... 2,823,000 

2. Source material: 

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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride [Program Code(s): 11400] ...................................................................................................................................................................... 975,000 

(2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leaching,

ore buying stations, ion exchange facilities and in-processing of ores containing source material for extraction of metals other 

than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode. 

(a) Conventional and Heap Leach facilities [Program Code(s): 11100] ............................................................................................. 32,200 

(b) Basic In Situ Recovery facilities [Program Code(s): 11500] ......................................................................................................... 30,600 

(c) Expanded In Situ Recovery facilities [Program Code(s): 11500] .................................................................................................. 34,700 

(d) In Situ Recovery Resin facilities .................................................................................................................................................... 5 N/A 

(e) Resin Toll Milling facilities .............................................................................................................................................................. 5 N/A 

(f) Other facilities 4 [Program Code(s): 11700] .................................................................................................................................... 5 N/A 

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

persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) [Program Code(s): 11600] ...................................................................................................................................................................... 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) ............................................................................... 10,500 

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

water ................................................................................................................................................................................................. 7,300 

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

11210] .............................................................................................................................................................................................. 1,330 

C. All other source material licenses [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] .............................. 17,700 

3. Byproduct material: 

A. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution [Program Code(s): 03211, 03212, 

03213] .............................................................................................................................................................................................. 40,600 

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 [Program Code(s): 03214, 03215, 22135, 22162] ...... 10,500 

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter authorizing the processing or manufacturing and distribution or 

redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing byproduct material. 

This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter 

when included on the same license. This category does not apply to licenses issued to nonprofit educational institutions 

whose processing or manufacturing is exempt under ( 171.11(a)(1). These licenses are covered by fee under Category 3.D. 

[Program Code(s): 02500, 02511, 02513] ....................................................................................................................................... 13,600 

D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources or devices not involving processing of byproduct material. This category includes licenses issued under ((§§ 32.72 and 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under § 171.11(a)(1). This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when included on the same license [Program Code(s): 02512, 

02514] .............................................................................................................................................................................................. 8,900 

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] ..................................................................... 6,800 

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

of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03511] ............................................ 12,900 

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

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

materials in which the source is not exposed for irradiation purposes [Program Code(s): 03521] ................................................ 64,000 

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): 03255] ....................................................................................................................................... 8,500 

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

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

chapter, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons

exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03250, 03251, 03252, 03253, 03254, 

03256] .............................................................................................................................................................................................. 15,200 

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

sealed source and/or device review to persons generally licensed under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this 

chapter [Program Code(s): 03240, 03241, 03243] .......................................................................................................................... 3,400 

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] ............................................................................ 2,500 

L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution [Program Code(s): 01100, 01110, 01120, 03610, 

03611, 03612, 03613] ...................................................................................................................................................................... 20,200 

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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

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] ............................................................................. 7,600 

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. [Program Code(s): 03219, 03225, 03226] ............................ 11,600 

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

chapter when authorized on the same license [Program Code(s): 03310, 03320] ........................................................................ 23,100 

P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D. [Program Code(s): 02400, 02410,

03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, 03810, 22130] .................................................................... 3,800 

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

R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which exceed the number of items or limits specified in that section:14

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

times the number of items or limits specified [Program Code(s): 02700] ....................................................................................... 3,400 

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

Code(s): 02710] ............................................................................................................................................................................... 3,800 

S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] .......................................................... 12,300 

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, 03235, 03236, 06100, 

06101] .............................................................................................................................................................................................. 5 N/A 

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

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

to another person authorized to receive or dispose of the material [Program Code(s): 03234] .................................................... 19,000 

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] ......................................................................................................................... 12,000 

5. Well logging: 

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

surveys, and tracer studies other than field flooding tracer studies [Program Code(s): 03110, 03111, 03112] ............................ 9,900 

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] ........................................................................................................................................ 36,100 

7. Medical licenses: 

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

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

on the same license [Program Code(s): 02300, 02310] ................................................................................................................. 17,800 

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

chapter authorizing research and development, including human use of byproduct material except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 [Program Code(s): 

02110] .............................................................................................................................................................................................. 36,800 

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 [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 

02240, 22160] .................................................................................................................................................................................. 6,300 

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] ............................................................................................................................................................... 3,400 

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

A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution ............................................................................... 10,700 

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 .......................................................................................................................................................................... 10,700 

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

nuclear material, except reactor fuel, for commercial distribution ................................................................................................... 7,500 

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 .......................................................................................................................................................................................... 1,300 

10. Transportation of radioactive material: 

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

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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

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

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

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

14. Decommissioning/Reclamation: 

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, 

reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter ........................................................ 7 N/A 

B. Site-specific decommissioning activities associated with unlicensed sites, 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 and other entities ................................................... 168,000 

18. Department of Energy: 

A. Certificates of Compliance .............................................................................................................................................................. 10 679,000 

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ................................................................................................. 342,000 

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, 2007, and permanently 

ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for 

a possession only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of 

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

irradiator activities), annual fees will be assessed for each category applicable to the license. Licensees paying annual fees under Category 

1.A.(1) are not subject to the annual fees for Categories 1.C. and 1.D. for sealed sources authorized in the license. 2Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. 

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

Register for notice and comment. 4An other license includes licenses for extraction of metals, heavy metals, and rare earths. 

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

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

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

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

(e) The fee-relief adjustment allocated 

to annual fees includes the budgeted 

resources for the activities listed in 

paragraph (e)(1) of this section, plus the 

total budgeted resources for the 

activities included in paragraphs (e)(2) 

and (e)(3) of this section as reduced by 

the appropriations NRC receives for 

these types of activities. If the NRC’s 

appropriations for these types of 

activities are greater than the budgeted 

resources for the activities included in 

paragraphs (e)(2) and (e)(3) of this 

section for a given FY, an annual fee 

reduction will be allocated to annual 

fees. The activities comprising the FY 

2009 fee-relief adjustment are as 

follows: 

* * * * * 

Dated at Rockville, Maryland, this 20th day 

of February 2009. 

For the Nuclear Regulatory Commission. 

J.E. Dyer, 

Chief Financial Officer. 

Note: THIS APPENDIX WILL NOT 

APPEAR IN THE CODE OF FEDERAL 

REGULATIONS. 

APPENDIX A TO THIS PROPOSED RULE— 

REGULATORY FLEXIBILITY ANALYSIS 

FOR THE PROPOSED AMENDMENTS TO 10 

CFR PART 170 (LICENSE FEES) AND 10 

CFR PART 171 (ANNUAL FEES) 

I. Background 

The Regulatory Flexibility Act (RFA), as 

amended 5 U.S.C. 601 et seq., requires that 

agencies consider the impact of their 

rulemakings on small entities and, consistent 

with applicable statutes, consider 

alternatives to minimize these impacts on the 

businesses, organizations, and government 

jurisdictions to which they apply. 

The NRC has established standards for 

determining which NRC licensees qualify as 

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small entities (10 CFR 2.810). These size 

standards were based on the Small Business 

Administration’s most common receiptsbased size standards and include a size 

standard for business concerns that are 

manufacturing entities. The NRC uses the 

size standards to reduce the impact of annual 

fees on small entities by establishing a 

licensee’s eligibility to qualify for a 

maximum small entity fee. The small entity 

fee categories in ( 171.16(c) of this proposed 

rule are based on the NRC’s size standards. 

The NRC is required each year, under 

OBRA–90, as amended, to recover 

approximately 90 percent of its budget 

authority (less amounts appropriated from 

the NWF and for other activities specifically 

removed from the fee base), through fees to 

NRC licensees and applicants. In total, the 

NRC is required to bill approximately $864.8 

million in fees for FY 2009. 

OBRA–90 requires that the schedule of 

charges established by rulemaking should 

fairly and equitably allocate the total amount 

to be recovered from the NRC’s licensees and 

be assessed under the principle that licensees 

who require the greatest expenditure of 

agency resources pay the greatest annual 

charges. Since FY 1991, the NRC has 

complied with OBRA–90 by issuing a final 

rule that amends its fee regulations. These 

final rules have established the methodology 

used by the NRC in identifying and 

determining the fees to be assessed and 

collected in any given FY. 

The Commission is proposing to rebaseline 

its part 171 annual fees in FY 2009. 

Rebaselining fees results in increased annual 

fees for three classes of licensees (power 

reactors, non-power reactors, and fuel 

facilities), and decreased annual fees for two 

classes of licensees (spent fuel storage/reactor 

decommissioning and transportation). Within 

the materials users and uranium recovery fee 

classes, annual fees for most licensees 

increase, while annual fees for some 

licensees decrease. 

The Small Business Regulatory 

Enforcement Act (SBREFA) provides 

Congress with the opportunity to review 

agency rules before they go into effect. Under 

this legislation, the NRC annual fee rule is 

considered a ‘‘major’’ rule and must be 

reviewed by Congress and the Comptroller 

General before the rule becomes effective. 

The Small Business Regulatory 

Enforcement Act also requires that an agency 

prepare a guide to assist small entities in 

complying with each rule for which a final 

RFA is prepared. This analysis and the small 

entity compliance guide (Attachment 1) have 

been prepared for the FY 2009 fee rule as 

required by law. 

II. Impact on Small Entities 

The fee rule results in substantial fees 

being charged to those individuals, 

organizations, and companies licensed by the 

NRC, including those licensed under the 

NRC materials program. The comments 

received on previous proposed fee rules and 

the small entity certifications received in 

response to previous final fee rules indicate 

that NRC licensees qualifying as small 

entities under the NRC’s size standards are 

primarily materials licensees. Therefore, this 

analysis will focus on the economic impact 

of the fees on materials licensees. In FY 2008, 

about 26 percent of these licensees 

(approximately 1,100 licensees) qualified as 

small entities. 

The commenters on previous fee 

rulemakings consistently indicated that the 

following results would occur if the proposed 

annual fees were not modified: 

1. Large firms would gain an unfair 

competitive advantage over small entities. 

Commenters noted that small and very small 

companies (‘‘Mom and Pop’’ operations) 

would find it more difficult to absorb the 

annual fee than a large corporation or a highvolume type of operation. In competitive 

markets, such as soil testing, annual fees 

would put small licensees at an extreme 

competitive disadvantage with their much 

larger competitors because the proposed fees 

would be the same for a two-person licensee 

as for a large firm with thousands of 

employees. 

2. Some firms would be forced to cancel 

their licenses. A licensee with receipts of less 

than $500,000 per year stated that the 

proposed rule would, in effect, force it to 

relinquish its soil density gauge and license, 

thereby reducing its ability to do its work 

effectively. Other licensees, especially wellloggers, noted that the increased fees would 

force small businesses to get rid of the 

materials license altogether. Commenters 

stated that the proposed rule would result in 

about 10 percent of the well-logging licensees 

terminating their licenses immediately and 

approximately 25 percent terminating their 

licenses before the next annual assessment. 

3. Some companies would go out of 

business. 

4. Some companies would have budget 

problems. Many medical licensees noted 

that, along with reduced reimbursements, the 

proposed increase of the existing fees and the 

introduction of additional fees would 

significantly affect their budgets. Others 

noted that, in view of the cuts by Medicare 

and other third party carriers, the fees would 

produce a hardship and some facilities 

would experience a great deal of difficulty in 

meeting this additional burden. 

Over 3,000 licenses, approvals, and 

registration terminations have been requested 

since the NRC first established annual fees 

for materials licenses. Although some of 

these terminations were requested because 

the license was no longer needed or licenses 

or registrations could be combined, 

indications are that other termination 

requests were due to the economic impact of 

the fees. 

To alleviate the significant impact of the 

annual fees on a substantial number of small 

entities, the NRC considered the following 

alternatives in accordance with the RFA in 

developing each of its fee rules since FY 

1991. 

1. Base fees on some measure of the 

amount of radioactivity possessed by the 

licensee (e.g., number of sources). 

2. Base fees on the frequency of use of the 

licensed radioactive material (e.g., volume of 

patients). 

3. Base fees on the NRC size standards for 

small entities. 

The NRC has reexamined its previous 

evaluations of these alternatives and 

continues to believe that establishment of a 

maximum fee for small entities is the most 

appropriate and effective option for reducing 

the impact of its fees on small entities. 

III. Maximum Fee 

The RFA and its implementing guidance 

do not provide specific guidelines on what 

constitutes a significant economic impact on 

a small entity; therefore, the NRC has no 

benchmark to assist it in determining the 

amount or the percent of gross receipts that 

should be charged to a small entity. In 

developing the maximum small entity annual 

fee in FY 1991, the NRC examined its 10 CFR 

part 170 licensing and inspection fees and 

Agreement State fees for those fee categories 

which were expected to have a substantial 

number of small entities. Six Agreement 

States (Washington, Texas, Illinois, Nebraska, 

New York, and Utah), were used as 

benchmarks in the establishment of the 

maximum small entity annual fee in FY 

1991. 

The NRC maximum small entity fee was 

established as an annual fee only. In addition 

to the annual fee, NRC small entity licensees 

were required to pay amendment, renewal 

and inspection fees. In setting the small 

entity annual fee, NRC ensured that the total 

amount small entities paid annually would 

not exceed the maximum paid in the six 

benchmark Agreement States. 

Of the six benchmark states, the maximum 

Agreement State fee of $3,800 in Washington 

was used as the ceiling for the total fees. 

Thus the NRC’s small entity fee was 

developed to ensure that the total fees paid 

by NRC small entities would not exceed 

$3,800. Given the NRC’s FY 1991 fee 

structure for inspections, amendments, and 

renewals, a small entity annual fee 

established at $1,800 allowed the total fee 

(small entity annual fee plus yearly average 

for inspections, amendments and renewal 

fees) for all categories to fall under the $3,800 

ceiling. 

In FY 1992, the NRC introduced a second, 

lower tier to the small entity fee in response 

to concerns that the $1,800 fee, when added 

to the license and inspection fees, still 

imposed a significant impact on small 

entities with relatively low gross annual 

receipts. For purposes of the annual fee, each 

small entity size standard was divided into 

an upper and lower tier. Small entity 

licensees in the upper tier continued to pay 

an annual fee of $1,800 while those in the 

lower tier paid an annual fee of $400. 

Based on the changes that had occurred 

since FY 1991, the NRC re-analyzed its 

maximum small entity annual fees in FY 

2000, and determined that the small entity 

fees should be increased by 25 percent to 

reflect the increase in the average fees paid 

by other materials licensees since FY 1991, 

as well as changes in the fee structure for 

materials licensees. The structure of the fees 

that NRC charged to its materials licensees 

changed during the period between 1991 and 

1999. Costs for materials license inspections, 

renewals, and amendments, which were 

previously recovered through part 170 fees 

for services, are now included in the part 171 

annual fees assessed to materials licensees. 

As a result of the 25 percent increase, the 

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maximum small entity annual fee increased 

from $1,800 to $2,300 in FY 2000. Although 

the maximum annual fee for small entities 

increased from $1,800 to $2,300, the total fee 

for many small entities was reduced because 

they no longer paid part 170 fees for services. 

The costs not recovered from small entities 

were allocated to other materials licensees 

and to power reactors. 

While reducing the impact on many small 

entities, the NRC determined that the 

maximum annual fee of $2,300 for small 

entities may continue to have a significant 

impact on materials licensees with annual 

gross receipts in the thousands of dollars 

range. Therefore, the NRC continued to 

provide a lower-tier small entity annual fee 

for small entities with relatively low gross 

annual receipts, and for manufacturing 

concerns and educational institutions not 

State or publicly supported, with fewer than 

35 employees. The NRC also increased the 

lower tier small entity fee by the same 

percentage increase to the maximum small 

entity annual fee. This 25 percent increase 

resulted in the lower tier small entity fee 

increasing from $400 to $500 in FY 2000. 

The NRC stated in the RFA for the FY 2001 

final fee rule that it would re-examine the 

small entity fees every two years, in the same 

years in which it conducts the biennial 

review of fees as required by the Chief 

Financial Officer’s Act. Accordingly, the NRC 

examined the small entity fees again in FY 

2003 and FY 2005, and determined that a 

change was not warranted to the small entity 

fees established in FY 2001. 

As part of the small entity review in FY 

2007, the NRC also considered whether it 

should establish reduced fees for small 

entities under part 170. The NRC received 

one comment requesting that such small 

entity fees be considered for certain export 

licenses, particularly in light of the recent 

increases to part 170 fees for these licenses. 

Because the NRC’s part 170 fees are not 

assessed to a licensee or applicant on a 

regular basis (i.e., they are only assessed 

when a licensee or applicant requests a 

specific service from the NRC), the NRC does 

not believe that the impact of its part 170 fees 

warrants a fee reduction for small entities 

under part 170, in addition to the part 171 

small entity fee reduction. Regarding export 

licenses, in particular, the NRC notes that 

interested parties can submit a single 

application for a broad scope, multi-year 

license that permits exports to multiple 

countries. Because the NRC’s fees are charged 

per application, this streamlining process 

minimizes the fees for export applicants. 

Because a single NRC fee can cover 

numerous exports, and because there are a 

limited number of entities who apply for 

these licenses, the NRC does not anticipate 

that the part 170 export fees will have a 

significant impact on a substantial number of 

small entities. Therefore, the NRC retained 

the $2,300 small entity annual fee and the 

$500 lower tier small entity annual fee for FY 

2007, and FY 2008. 

For the biennial review of the FY 2009 

small entity fees, the NRC conducted an indepth review. The review noted the 

significant changes between FY 2000 and FY 

2008 in both the external and internal 

environment which has impacted fees for 

NRC’s small materials users licensees. Since 

FY 2000 the number of small entity licensees 

in the upper tier has increased approximately 

53 percent. In addition, due to changes in the 

law, NRC is now only required to recover 90 

percent of its budget authority compared to 

the 100 percent recovery requirement in FY 

2000. This ten percent fee relief has 

influenced the small materials users’ annual 

fees. A decrease in the NRC’s budget 

allocation to the small materials users has 

also influenced their annual fees in the last 

two years. Based on the review, the NRC will 

change the small entity fee for FY 2009 and 

establish a new methodology for reviewing 

the small entity fees every other year. The 

NRC will now determine the maximum small 

entity fee each biennial year using a fixed 

percentage of 39 percent applied to the prior 

two-year weighted average of small materials 

users fees for all fee categories which have 

small entity licensees. 

For FY 2009, these changes result in a 

maximum small entity fee of $1,900 and a 

lower tier annual fee of $400. The advantage 

of the new methodology is that the NRC’s 

small entity licensees will be able to predict 

the change in their fee in the biennial year 

based on the small materials fees for the 

previous two years. Using a two-year 

weighted average will help smooth the 

fluctuations caused by programmatic and 

budget variables and will reflect the 

importance of the fee categories with the 

greater number of small entities. Since the 

current small entity annual fee of $2,300 is 

39 percent of the two-year weighted average 

for all fee categories in FY 2005 and FY 2006 

that have an upper tier small entity licensee, 

the agency will retain the 39 percent as the 

percentage applied to the prior two-year 

weighted average of small materials users 

fees. The lower tier annual fee remains at 22 

percent of the maximum small entity annual 

fee. 

IV. Summary 

The NRC has determined that the 10 CFR 

part 171 annual fees significantly impact a 

substantial number of small entities. A 

maximum fee for small entities strikes a 

balance between the requirement to recover 

90 percent of the NRC budget and the 

requirement to consider means of reducing 

the impact of the fee on small entities. Based 

on its regulatory flexibility analysis, the NRC 

concludes that a maximum annual fee of 

$1,900 for small entities and a lower-tier 

small entity annual fee of $400 for small 

businesses and not-for-profit organizations 

with gross annual receipts of less than 

$450,000, small governmental jurisdictions 

with a population of fewer than 20,000, small 

manufacturing entities that have fewer than 

35 employees, and educational institutions 

that are not State or publicly supported and 

have fewer than 35 employees reduces the 

impact on small entities. At the same time, 

these reduced annual fees are consistent with 

the objectives of OBRA–90. Thus, the fees for 

small entities maintain a balance between the 

objectives of OBRA–90 and the RFA. 

In 2007, the NRC revised its receipts-based 

size standards (72 FR 44951, August 10, 

2007) to conform to the Small Business 

Agency standards. The maximum average 

gross annual receipts (upper tier) to qualify 

as a small entity were changed to $6.5 

million from $5 million. The NRC is now 

proposing to revise the small entity lower tier 

receipts-based threshold to $450,000 from 

$350,000. This change is approximately the 

same percentage adjustment as the change in 

the upper tier receipts-based standard. 

ATTACHMENT 1 TO APPENDIX A—U.S. 

Nuclear Regulatory Commission Small 

Entity Compliance Guide; Fiscal Year 2009 

Contents 

Introduction 

NRC Definition of Small Entity 

NRC Small Entity Fees 

Instructions for Completing NRC Form 526 

Introduction 

The Congressional Review Act requires all 

Federal agencies to prepare a written guide 

for each ‘‘major’’ final rule, as defined by the 

Act. The NRC’s fee rule, published annually 

to comply with the Omnibus Budget 

Reconciliation Act of 1990 (OBRA–90), as 

amended, is considered a ‘‘major’’ rule under 

the Congressional Review Act. Therefore, in 

compliance with the law, this guide has been 

prepared to assist NRC materials licensees in 

complying with the FY 2009 fee rule. 

Licensees may use this guide to determine 

whether they qualify as a small entity under 

NRC regulations and are eligible to pay 

reduced FY 2009 annual fees assessed under 

10 CFR part 171. The NRC has established 

two tiers of annual fees for those materials 

licensees who qualify as small entities under 

the NRC’s size standards. 

Licensees who meet the NRC’s size 

standards for a small entity (listed in 10 CFR 

2.810) must submit a completed NRC Form 

526 ‘‘Certification of Small Entity Status for 

the Purposes of Annual Fees Imposed under 

10 CFR Part 171’’ to qualify for the reduced 

annual fee. This form can be accessed on the 

NRC’s Web site at http://www.nrc.gov. The 

form can then be accessed by selecting 

‘‘Business with NRC,’’ then ‘‘NRC Forms,’’ 

selecting NRC Form 526. For licensees who 

cannot access the NRC’s Web site, NRC Form 

526 may be obtained through the local point 

of contact listed in the NRC’s ‘‘Materials 

Annual Fee Billing Handbook,’’ NUREG/BR– 

0238, which is enclosed with each annual fee 

billing. Alternatively, the form may be 

obtained by calling the fee staff at 301–415– 

7554, or by e-mailing the fee staff at 

fees.resource@nrc.gov. The completed form, 

the appropriate small entity fee, and the 

payment copy of the invoice should be 

mailed to the U.S. Nuclear Regulatory 

Commission, License Fee Team, at the 

address indicated on the invoice. Failure to 

file the NRC small entity certification Form 

526 in a timely manner may result in the 

denial of any refund that might otherwise be 

due. 

NRC Definition of Small Entity 

For purposes of compliance with its 

regulations (10 CFR 2.810), the NRC has 

defined a small entity as follows: 

(1) Small business—a for-profit concern 

that provides a service, or a concern that is 

not engaged in manufacturing, with average 

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1An educational institution referred to in the size 

standards is an entity whose primary function is 

education, whose programs are accredited by a 

nationally recognized accrediting agency or 

association, who is legally authorized to provide a 

program of organized instruction or study, who 

provides an educational program for which it 

awards academic degrees, and whose educational 

programs are available to the public. 

gross receipts of $6.5 million or less over its 

last 3 completed fiscal years; 

(2) Manufacturing industry—a 

manufacturing concern with an average of 

500 or fewer employees based on 

employment during each pay period for the 

preceding 12 calendar months; 

(3) Small organizations—a not-for-profit 

organization that is independently owned 

and operated and has annual gross receipts 

of $6.5 million or less; 

(4) Small governmental jurisdiction—a 

government of a city, county, town, 

township, village, school district or special 

district, with a population of fewer than 

50,000; 

(5) Small educational institution—an 

educational institution supported by a 

qualifying small governmental jurisdiction, 

or one that is not State or publicly supported 

and has 500 or fewer employees.1

To further assist licensees in determining 

if they qualify as a small entity, the following 

guidelines are provided, which are based on 

the Small Business Administration’s 

regulations (13 CFR part 121). 

(1) A small business concern is an 

independently owned and operated entity 

which is not considered dominant in its field 

of operations. 

(2) The number of employees means the 

total number of employees in the parent 

company, any subsidiaries and/or affiliates, 

including both foreign and domestic 

locations (i.e., not solely the number of 

employees working for the licensee or 

conducting NRC licensed activities for the 

company). 

(3) Gross annual receipts includes all 

revenue received or accrued from any source, 

including receipts of the parent company, 

any subsidiaries and/or affiliates, and 

account for both foreign and domestic 

locations. Receipts include all revenues from 

sales of products and services, interest, rent, 

fees, and commissions, from whatever 

sources derived (i.e., not solely receipts from 

NRC licensed activities). 

(4) A licensee who is a subsidiary of a large 

entity, including a foreign entity, does not 

qualify as a small entity. 

NRC Small Entity Fees 

In 10 CFR 171.16(c), the NRC has 

established two tiers of fees for licensees that 

qualify as a small entity under the NRC’s size 

standards. The fees are as follows: 

Maximum 

annual fee per 

licensed 

category 

Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): 

$450,000 to $6.5 million ............................................................................................................................................................... $1,900 

Less than $450,000 ...................................................................................................................................................................... 400 

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

$450,000 to $6.5 million ............................................................................................................................................................... 1,900 

Less than $450,000 ...................................................................................................................................................................... 400 

Manufacturing entities that have an average of 500 employees or fewer: 

35 to 500 employees .................................................................................................................................................................... 1,900 

Fewer than 35 employees ............................................................................................................................................................ 400 

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

20,000 to 50,000 .......................................................................................................................................................................... 1,900 

Fewer than 20,000 ....................................................................................................................................................................... 400 

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

35 to 500 employees .................................................................................................................................................................... 1,900 

Fewer than 35 employees ............................................................................................................................................................ 400 

Instructions for Completing NRC Small 

Entity Form 526 

1. Complete all items on NRC Form 526 as 

follows: 

(Note: Incomplete or improperly completed 

forms will be returned as unacceptable.) 

(a) Enter the license number and invoice 

number exactly as they appear on the annual 

fee invoice. 

(b) Enter the North American Industry 

Classification System (NAICS). 

(c) Enter the licensee’s name and address 

exactly as they appear on the invoice. 

Annotate name and/or address changes for 

billing purposes on the payment copy of the 

invoice—include contact’s name, telephone 

number, e-mail address, and company Web 

site address. Correcting the name and/or 

address on NRC Form 526 or on the invoice 

does not constitute a request to amend the 

license. 

(d) Check the appropriate size standard 

under which the licensee qualifies as a small 

entity. Check one box only. Note the 

following: 

(i) A licensee who is a subsidiary of a large 

entity, including foreign entities, does not 

qualify as a small entity. The calculation of 

a firm’s size includes the employees or 

receipts of all affiliates. Affiliation with 

another concern is based on the power to 

control, whether exercised or not. Such 

factors as common ownership, common 

management and identity of interest (often 

found in members of the same family), 

among others, are indications of affiliation. 

The affiliated business concerns need not be 

in the same line of business. 

(ii) Gross annual receipts, as used in the 

size standards, include all revenue received 

or accrued by your company from all sources, 

regardless of the form of the revenue and not 

solely receipts from licensed activities. 

(iii) NRC’s size standards on small entity 

are based on the Small Business 

Administration’s regulations (13 CFR part 

121). 

(iv) The size standards apply to the 

licensee, not to the individual authorized 

users who may be listed in the license. 

2. If the invoice states the ‘‘Amount Billed 

Represents 50% Proration,’’ the amount due 

is not the prorated amount shown on the 

invoice but rather one-half of the maximum 

small entity annual fee shown on NRC Form 

526 for the size standard under which the 

licensee qualifies (either $950 or $200) for 

each category billed. 

3. If the invoice amount is less than the 

reduced small entity annual fee shown on 

this form, pay the amount on the invoice; 

there is no further reduction. In this case, do 

not file NRC Form 526. However, if the 

invoice amount is greater than the reduced 

small entity annual fee, file NRC Form 526 

and pay the amount applicable to the size 

standard you checked on the form. 

4. The completed NRC Form 526 must be 

submitted with the required annual fee 

payment and the ‘‘Payment Copy’’ of the 

invoice to the address shown on the invoice. 

5. 10 CFR 171.16(c)(3) states licensees shall 

submit a new certification with its annual fee 

payment each year. Failure to submit NRC 

Form 526 at the time the annual fee is paid 

will require the licensee to pay the full 

amount of the invoice. 

The NRC sends invoices to its licensees for 

the full annual fee, even though some 

licensees qualify for reduced fees as small 

entities. Licensees who qualify as small 

entities and file NRC Form 526, which 

certifies eligibility for small entity fees, may 

pay the reduced fee, which is either $1,900 

or $400 for a full year, depending on the size 

of the entity, for each fee category shown on 

the invoice. Licensees granted a license 

during the first 6 months of the fiscal year, 

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Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules 9157 

and licensees who file for termination or for 

a ‘‘possession only’’ license and permanently 

cease licensed activities during the first 6 

months of the fiscal year, pay only 50 percent 

of the annual fee for that year. Such invoices 

state that the ‘‘amount billed represents 50% 

proration.’’ 

Licensees must file a new small entity form 

(NRC Form 526) with the NRC each fiscal 

year to qualify for reduced fees in that year. 

Because a licensee’s ‘‘size,’’ or the size 

standards, may change from year to year, the 

invoice reflects the full fee and licensees 

must complete and return NRC Form 526 for 

the fee to be reduced to the small entity fee 

amount. LICENSEES WILL NOT RECEIVE A 

NEW INVOICE FOR THE REDUCED 

AMOUNT. The completed NRC Form 526, 

the payment of the appropriate small entity 

fee, and the ‘‘Payment Copy’’ of the invoice 

should be mailed to the U.S. Nuclear 

Regulatory Commission, License Fee Team at 

the address indicated on the invoice. 

If you have questions regarding the NRC’s 

annual fees, please contact the license fee 

staff at 301–415–7554, e-mail the fee staff at 

fees.resource@nrc.gov, or write to the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Office of the Chief Financial Officer. 

False certification of small entity status 

could result in civil sanctions being imposed 

by the NRC under the Program Fraud Civil 

Remedies Act, 31 U.S.C. 3801 et seq. NRC’s 

implementing regulations are found at 10 

CFR part 13. 

[FR Doc. E9–4229 Filed 2–27–09; 8:45 am] 

BILLING CODE 7590–01–P 

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