This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3407 

Vol. 83, No. 17 

Thursday, January 25, 2018 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 170 and 171 

[NRC–2017–0026] 

RIN 3150–AJ95 

Revision of Fee Schedules; Fee 

Recovery for Fiscal Year 2018 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend the licensing, inspection, special 

project, and annual fees charged to its 

applicants and licensees. These 

proposed amendments are necessary to 

implement the Omnibus Budget 

Reconciliation Act of 1990, as amended 

(OBRA–90), which requires the NRC to 

recover approximately 90 percent of its 

annual budget through fees; amounts 

appropriated for Waste Incidental to 

Reprocessing (WIR), generic homeland 

security activities, and Inspector 

General (IG) services for the Defense 

Nuclear Facilities Safety Board, as well 

as any amounts appropriated from the 

Nuclear Waste Fund, are excluded from 

this fee-recovery requirement. The NRC 

is issuing the fiscal year (FY) 2018 

proposed fee rule based on the FY 2018 

budget request since full-year 

appropriations have not yet been 

enacted for FY 2018. The NRC is using 

$967.0 million for the total budget 

authority in the proposed fee rule 

because it has included an adjustment 

to account for funding of $15.0 million 

for the Integrated University Program, 

which was not included in the budget 

request, but has historically been 

included by Congress in the final 

appropriations bill. Based on that total 

budget authority, the NRC is proposing 

to collect $826.7 million in fees in FY 

2018. If the NRC receives an 

appropriation providing a different total 

budget authority, the final fee rule will 

reflect the final appropriation. 

DATES: Submit comments by February 

26, 2018. Comments received after this 

date will be considered if it is practical 

to do so, but the Commission is able to 

ensure consideration only for comments 

received before this date. Because 

OBRA–90 requires the NRC to collect 

the FY 2018 fees by September 30, 2018, 

the NRC will not grant any requests for 

an extension of the comment period. 

ADDRESSES: You may submit comments 

by any of the following methods (unless 

this document describes a different 

method for submitting comments on a 

specific subject): 

• Federal Rulemaking website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0026. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rule. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Michele Kaplan, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

5256; email: Michele.Kaplan@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Background; Statutory Authority 

III. Discussion 

IV. Regulatory Flexibility Certification 

V. Regulatory Analysis 

VI. Backfitting and Issue Finality 

VII. Plain Writing 

VIII. National Environmental Policy Act 

IX. Paperwork Reduction Act Public 

Protection Notification 

X. Voluntary Consensus Standards 

XI. Availability of Guidance 

XII. Public Meeting 

XIII. Availability of Documents 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2017– 

0026 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0026. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209 or 301–415–4737, or 

by email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. For the 

convenience of the reader, the ADAMS 

accession numbers are also provided in 

a table in the ‘‘Availability of 

Documents’’ section of this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2017– 

0026 in the subject line of your 

comment submission in order to ensure 

that the NRC is able to make your 

comment submission publicly available 

in this docket. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 


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3408 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

The NRC posts all comment 

submissions at http://

www.regulations.gov as well as entering 

the comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment 

submissions. Your request should state 

that the NRC does not routinely edit 

comment submissions to remove such 

information before making the comment 

submissions available to the public or 

entering the comment submissions into 

ADAMS. 

II. Background; Statutory Authority 

The NRC’s fee regulations are 

primarily governed by two laws: (1) The 

Independent Offices Appropriation Act, 

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

OBRA–90 (42 U.S.C. 2214). The IOAA 

generally authorizes and encourages 

Federal regulatory agencies to recover— 

to the fullest extent possible—costs 

attributable to services provided to 

identifiable recipients. The OBRA–90 

requires the NRC to recover 

approximately 90 percent of its budget 

authority for the fiscal year through fees; 

amounts appropriated for WIR, generic 

homeland security activities, and IG 

services for the Defense Nuclear 

Facilities Safety Board, as well as any 

amounts appropriated from the Nuclear 

Waste Fund, are excluded from this feerecovery requirement. The OBRA–90 

first requires the NRC to use its IOAA 

authority to collect service fees for NRC 

work that provides specific benefits to 

identifiable applicants and licensees 

(such as licensing work, inspections, 

and special projects). The regulations at 

part 170 of title 10 of the Code of 

Federal Regulations (10 CFR) authorize 

these fees. But, because the NRC’s fee 

recovery under the IOAA (10 CFR part 

170) does not equal 90 percent of the 

NRC’s budget authority for the fiscal 

year, the NRC also assesses ‘‘annual 

fees’’ under 10 CFR part 171 to recover 

the remaining amount necessary to meet 

OBRA–90’s fee-recovery requirement. 

These annual fees recover costs that are 

not otherwise collected through 10 CFR 

part 170. 

III. Discussion 

FY 2018 Fee Collection—Overview 

The NRC is issuing the FY 2018 

proposed fee rule based on the FY 2018 

budget request as further described in 

the NRC’s FY 2018 Congressional 

Budget Justification (CBJ) (NUREG– 

1100, Volume 33, ADAMS Accession 

No. ML17137A246), as adjusted, 

because full-year appropriations have 

not yet been enacted for FY 2018. The 

total budget requested for the NRC in FY 

2018 is $952.0 million. The amount 

used for total budget authority in the 

proposed fee rule ($967.0 million) 

includes an adjustment for an additional 

$15.0 million for the NRC’s Integrated 

University Program, which was not 

included in the budget request, but has 

historically been included by Congress 

in the final appropriations bill. The total 

budget authority used in the proposed 

fee rule represents an increase of $49.9 

million from FY 2017 of which $30.0 

million is from the Nuclear Waste Fund. 

As explained previously, certain 

portions of the NRC’s total budget are 

excluded from OBRA–90’s fee-recovery 

requirement. Based on the FY 2018 

budget request, these exclusions total to 

$47.6 million, consisting of $30.0 

million from the Nuclear Waste Fund, 

$1.3 million for WIR activities, $1.1 

million for IG services for the Defense 

Nuclear Facilities Safety Board, and 

$15.2 million for generic homeland 

security activities. Additionally, OBRA– 

90 requires the NRC to recover only 

approximately 90 percent of the 

remaining budget authority for the fiscal 

year—10 percent of the remaining 

budget authority is not recovered 

through fees. The NRC refers to the 

activities included in this 10-percent as 

‘‘fee-relief’’ activities. After accounting 

for the fee-recovery exclusions, the feerelief activities, and net billing 

adjustments (i.e., the sum of unpaid 

current year invoices (estimated) minus 

payments for prior year invoices), the 

NRC must bill approximately $826.7 

million in fees in FY 2018. Of this 

amount, the NRC estimates that $289.4 

million will be recovered through 10 

CFR part 170 service fees; that leaves 

approximately $537.3 million to be 

recovered through 10 CFR part 171 

annual fees. Table I summarizes the feerecovery amounts for the FY 2018 

proposed fee rule using the adjusted CBJ 

amounts, and taking into account 

excluded activities, fee-relief activities, 

and net billing adjustments. For all 

information presented in the following 

tables, individual values may not sum to 

totals due to rounding. Please see the 

work papers (ADAMS Accession No. 

ML17348A377) for actual amounts. 

The FY 2018 proposed fee rule is 

based on the FY 2018 budget request, as 

adjusted. In accordance with OBRA–90, 

the final fee rule will be based on the 

NRC’s actual appropriation rather than 

the budget request, and so the NRC will 

update the final fee schedule as 

appropriate. If the NRC receives a yearlong continuing resolution, then the 

final fee schedule may look similar to 

the FY 2017 final fee rule. 

TABLE I—BUDGET AND FEE RECOVERY AMOUNTS

[Dollars in millions] 

FY 2017 

final rule 

FY 2018 

proposed rule 

Percentage 

change 

Total Budget Authority ............................................................................................................... $917.1 $967.0 5.4 

Less Excluded Fee Items .......................................................................................................... ¥23.1 ¥47.6 106.0 

Balance ............................................................................................................................... 894.0 919.4 2.8 

Fee Recovery Percent ............................................................................................................... 90 90 0.0 

Total Amount to be Recovered: ................................................................................................ 804.6 827.5 2.8 

10 CFR part 171 Billing Adjustments: 

Unpaid Current Year Invoices (estimated) ......................................................................... 6.2 6.5 4.6 

Less Prior Year Billing Credit for Transportation Fee Class .............................................. 0.0 0.0 0.0 

Less Payments Received in Current Year for Previous Year Invoices (estimated) .......... ¥4.9 ¥7.3 32.8 

Subtotal ....................................................................................................................... 1.3 ¥0.8 ¥161.5 

Amount to be Recovered through 10 CFR parts 170 and 171 Fees ....................................... 805.9 826.7 2.5 

Less Estimated 10 CFR part 170 Fees ............................................................................. ¥297.3 ¥289.4 ¥2.7 


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1 Does not include mission-direct contract 

resources. 

2The fees collected by the NRC for Freedom of 

Information Act (FOIA) services and indemnity 

(financial protection required of licensees for public 

liability claims at 10 CFR part 140) are subtracted 

from the budgeted resources amount when 

calculating the 10 CFR part 170 professional hourly 

rate, per the guidance in Office of Management and 

Budget (OMB) Circular A–25, User Charges. The 

budgeted resources for FOIA activities are allocated 

under the product for Information Services within 

the Corporate Support business line. The indemnity 

activities are allocated under the Licensing Actions 

and the Research & Test Reactors products within 

the Operating Reactors business line. 

TABLE I—BUDGET AND FEE RECOVERY AMOUNTS—Continued 

[Dollars in millions] 

FY 2017 

final rule 

FY 2018 

proposed rule 

Percentage 

change 

10 CFR part 171 Fee Collections Required ............................................................... 508.6 537.3 5.6 

FY 2018 Fee Collection—Professional 

Hourly Rate 

The NRC uses a professional hourly 

rate to assess fees for specific services 

provided by the NRC under 10 CFR part 

170. The professional hourly rate also 

helps determine flat fees (which are 

used for the review of certain types of 

license applications). This rate would be 

applicable to all activities for which fees 

are assessed under §§ 170.21 and 

170.31. 

The NRC’s professional hourly rate is 

derived by adding budgeted resources 

for: (1) Mission-direct program salaries 

and benefits; (2) mission-indirect 

program support; and (3) agency 

support (corporate support and the IG), 

and then subtracting certain offsetting 

receipts, and then dividing this total by 

the mission-direct full-time equivalents 

(FTE) converted to hours. The NRC is 

proposing to add the definitions for 

‘‘mission-direct program salaries and 

benefits,’’ ‘‘mission-indirect program 

support,’’ and ‘‘agency support 

(corporate support and the IG)’’ to 10 

CFR 170.3, ‘‘Definitions.’’ The missiondirect FTE converted to hours is the 

product of the mission-direct FTE 

multiplied by the estimated annual 

mission-direct FTE productive hours. 

The only budgeted resources excluded 

from the professional hourly rate are 

those for mission-direct contract 

resources, which are generally billed to 

licensees separately. The following 

shows the professional hourly rate 

calculation: 

For FY 2018, the NRC is proposing to 

increase the professional hourly rate 

from $263 to $270. The 2.6 percent 

increase in the FY 2018 professional 

hourly rate is due to the decline in the 

number of mission-direct FTE compared 

to FY 2017, primarily due to reduced 

Fukushima-related work and combined 

license review work, offset by the small 

increase in annual mission-direct FTE 

productive hours. For additional 

information about the decline in the 

number of mission-direct FTE, see the 

Operating Power Reactors section of this 

rule. The FY 2018 estimated annual 

mission-direct FTE productive hours is 

1,510 hours, up from 1,500 hours in FY 

2017. This estimate, also referred to as 

the productive hours assumption, 

reflects the average number of hours 

that a mission-direct employee spends 

on mission-direct work in a given year. 

This excludes hours charged to annual 

leave, sick leave, holidays, training and 

general administration tasks. Table II 

shows the professional hourly rate 

calculation methodology. The FY 2017 

amounts are provided for comparison 

purposes. 

TABLE II—PROFESSIONAL HOURLY RATE CALCULATION

[Dollars in millions, except as noted] 

FY 2017 

final rule 

FY 2018 

proposed rule 

Percentage 

change 

Mission-Direct Program Salaries & Benefits ............................................................................. $340.6 $341.2 0.2 

Mission-Indirect Program Support ............................................................................................. 137.3 136.1 ¥0.9 

Agency Support (Corporate Support and the IG) ..................................................................... 309.6 313.1 1.1 

Subtotal ............................................................................................................................... 787.5 790.3 0.4 

Less Offsetting Receipts 2 ......................................................................................................... ¥0.1 0.0 0.0 

Total Budgeted Resources Included in Professional Hourly Rate ..................................... 787.4 790.3 0.4 

Mission-Direct FTE (Whole numbers) ....................................................................................... 1,996 1,938 ¥3.0 

Annual Mission-Direct FTE Productive Hours (Whole numbers) .............................................. 1,500 1,510 0.7 

Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual MissionDirect FTE Productive Hours) (In Millions) ............................................................................ 3.0 2.9 ¥3.4 

Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate 

Divided by Mission-Direct FTE Converted to Hours) (Whole Numbers) ............................... 263 270 2.6 


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3410 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

3This amount includes international assistance 

activities. This amount also includes conventions 

and treaty activities that are not attributable to an 

existing NRC licensee or class of licensees, and it 

includes international cooperation activities that 

are not attributable to an existing NRC licensee or 

class of licensees. 

FY 2018 Fee Collection—Flat 

Application Fee Changes 

The NRC proposes to amend the flat 

application fees that it charges to 

applicants for import and export 

licenses, applicants for materials 

licenses and other regulatory services, 

and holders of materials, import, and 

export licenses in its schedule of fees in 

§§ 170.21 and 170.31 to reflect the 

revised professional hourly rate of $270. 

The NRC calculates these flat fees by 

multiplying the average professional 

staff hours needed to process the 

licensing actions by the proposed 

professional hourly rate for FY 2018. 

The NRC analyzes the actual hours 

spent performing licensing actions and 

then estimates the average professional 

staff hours that are needed to process 

licensing actions as part of its biennial 

review of fees, which is required by 

Section 205(a) of the Chief Financial 

Officers Act of 1990 (31 U.S.C. 

902(a)(8)). The NRC performed this 

review in FY 2017 and will perform this 

review again in FY 2019. The higher 

professional hourly rate of $270 is the 

primary reason for the increase in 

application fees. Please see the work 

papers for more detail. 

The NRC rounds these flat fees in 

such a way that ensures both 

convenience for its stakeholders and 

that any rounding effects are minimal. 

Accordingly, fees under $1,000 are 

rounded to the nearest $10, fees 

between $1,000 and $100,000 are 

rounded to the nearest $100, and fees 

greater than $100,000 are rounded to the 

nearest $1,000. 

The proposed licensing flat fees are 

applicable for import and export 

licensing actions (see fee categories K.1. 

through K.5. of § 170.21), as well as 

certain materials licensing actions (see 

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

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

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

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

§ 170.31). Applications filed on or after 

the effective date of the FY 2018 final 

fee rule will be subject to the revised 

fees in the final rule. 

FY 2018 Fee Collection—Fee-Relief and 

Low-Level Waste (LLW) Surcharge 

As previously noted, OBRA–90 

requires the NRC to recover only 

approximately 90 percent of its annual 

budget authority for the fiscal year. The 

NRC applies the remaining 10 percent 

that is not recovered to offset certain 

budgeted activities—see Table III for a 

full listing of these ‘‘fee-relief’’ 

activities. If the amount budgeted for 

these fee-relief activities is greater or 

less than 10 percent of the NRC’s annual 

budget authority (less the fee-recovery 

exclusions), then the NRC applies a fee 

adjustment (either an increase or 

decrease) to all licensees’ annual fees, 

based on their percentage share of the 

NRC’s budget. 

In FY 2018, the amount budgeted for 

fee-relief activities is projected to be 

higher than the 10-percent threshold. 

Therefore, the NRC proposes to assess a 

fee-relief surcharge to increase all 

licensees’ annual fees based on their 

percentage share of the budget. Table III 

summarizes the fee-relief activities 

budgeted for FY 2018. The FY 2017 

amounts are provided for comparison 

purposes. 

TABLE III—FEE-RELIEF ACTIVITIES

[Dollars in millions] 

Fee-relief activities 

FY 2017 

budgeted 

costs 

FY 2018 

budgeted 

costs 

Percentage 

change 

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

a. International activities 3 ..................................................................................................... $13.8 $13.7 ¥0.7 

b. Agreement State oversight ............................................................................................... 12.9 13.2 2.9 

c. Scholarships and Fellowships .......................................................................................... 17.9 15.0 ¥19.3 

d. Medical Isotope Production Infrastructure ....................................................................... 4.2 2.9 ¥44.8 

2. Activities not assessed under 10 CFR part 170 service fees or 10 CFR part 171 annual 

fees based on existing law or Commission policy: 

a. Fee exemption for nonprofit educational institutions ....................................................... 9.7 8.9 ¥8.0 

b. Costs not recovered from small entities under 10 CFR 171.16(c) .................................. 7.4 7.1 ¥4.3 

c. Regulatory support to Agreement States ......................................................................... 18.5 17.4 ¥6.0 

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

storage fee classes) .......................................................................................................... 14.6 14.6 0.0 

e. In Situ leach rulemaking and unregistered general licensees ......................................... 1.4 1.5 6.7 

f. Potential Department of Defense remediation program MOU activities ........................... 1.1 1.1 0.0 

g. Non-military radium sites .................................................................................................. N/A 1.7 N/A 

Total fee-relief activities ............................................................................................................... 101.5 97.1 ¥4.3 

Less 10 percent of the NRC’s total FY budget (less the fee recovery exclusions) ............. ¥89.4 ¥91.9 2.8 

Fee-Relief Adjustment to be Allocated to All Licensees’ Annual Fees ........................ 12.1 5.2 ¥57.3 

Table IV shows how the NRC 

proposes to allocate the $5.2 million feerelief surcharge to each licensee fee 

class. Also, in accordance with the Staff 

Requirements Memorandum dated 

September 7, 2017, (ADAMS Accession 

No. ML17250A841), for SECY–17–0026, 

‘‘Policy Considerations and 

Recommendations for Remediation of 

Non-Military, Unlicensed Historic 

Radium Sites in Non-Agreement States’’ 

dated February 22, 2017 (ADAMS 

Accession No. ML17130A783), the NRC 

has established a new fee-relief category 

for non-military sites contaminated due 

to historic uses of radium. 

In addition to the fee-relief surcharge, 

the NRC also proposes to assess a 

generic LLW surcharge of $3.4 million. 

Disposal of LLW occurs at commercially 

operated LLW disposal facilities that are 


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Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3411 

licensed by either the NRC or an 

Agreement State. Four existing LLW 

disposal facilities in the United States 

accept various types of LLW. All are 

located in Agreement States and, 

therefore, are regulated by an Agreement 

State, rather than the NRC. The NRC 

will allocate this surcharge to its 

licensees based on data available in the 

U.S. Department of Energy’s (DOE) 

Manifest Information Management 

System. This database contains 

information on total LLW volumes and 

NRC usage information from four 

generator classes: Academic, industrial, 

medical, and utility. The ratio of utility 

waste volumes to total LLW volumes 

over a period of time is used to estimate 

the portion of this surcharge that will be 

allocated to the power reactors, fuel 

facilities, and materials fee classes. The 

materials portion is adjusted to account 

for the fact that a large percentage of 

materials licensees are licensed by the 

Agreement States rather than the NRC. 

Table IV shows the surcharge, and its 

proposed allocation across the various 

fee classes. 

TABLE IV—ALLOCATION OF FEE-RELIEF ADJUSTMENT AND LLW SURCHARGE, FY 2018 

[Dollars in millions] 

LLW surcharge Fee-relief adjustment Total 

Percent $ Percent $ $ 

Operating Power Reactors .................................................. 41.0 1.4 85.2 4.4 5.8 

Spent Fuel Storage/Reactor Decommissioning ................... 0.0 0.0 4.3 0.2 0.2 

Research and Test Reactors ............................................... 0.0 0.0 0.4 0.0 0.0 

Fuel Facilities ....................................................................... 46.0 1.6 4.5 0.3 1.8 

Materials Users .................................................................... 13.0 0.4 3.4 0.2 0.6 

Transportation ...................................................................... 0.0 0.0 0.5 0.0 0.0 

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

Uranium Recovery ............................................................... 0.0 0.0 1.7 0.1 0.1 

Total .............................................................................. 100.0 3.4 100.0 5.2 8.5 

FY 2018 Fee Collection—Revised 

Annual Fees 

In accordance with SECY–05–0164, 

‘‘Annual Fee Calculation Method,’’ 

dated September 15, 2005 (ADAMS 

Accession No. ML052580332), the NRC 

rebaselines its annual fees every year. 

‘‘Rebaselining’’ entails analyzing the 

budget in detail and then allocating the 

budgeted costs to various classes or 

subclasses of licensees. It also includes 

updating the number of NRC licensees 

in its fee calculation methodology. 

The NRC proposes to revise its annual 

fees in §§ 171.15 and 171.16 to recover 

approximately 90 percent of the NRC’s 

FY 2018 budget authority (less the feerecovery exclusions and the estimated 

amount to be recovered through 10 CFR 

part 170 fees). The total estimated 10 

CFR part 170 collections for this 

proposed rule total are $289.4 million, 

a decrease of $7.9 million from the FY 

2017 fee rule (see the specific fee class 

sections for a discussion of this 

decrease). The NRC, therefore, proposes 

to recover $537.3 million through 

annual fees from its licensees, which is 

an increase of $28.7 million from the FY 

2017 final rule. 

Table V shows the proposed 

rebaselined fees for FY 2018 for a 

representative list of categories of 

licensees. The FY 2017 amounts are 

provided for comparison purposes. 

TABLE V—REBASELINED ANNUAL FEES

Class/category of licenses 

FY 2017 

final annual 

fee 

FY 2018 

proposed 

annual fee 

Percentage 

change 

Operating Power Reactors .......................................................................................................... $4,308,000 $4,559,000 5.8 

+ Spent Fuel Storage/Reactor Decommissioning ....................................................................... 188,000 225,000 19.7 

Total, Combined Fee ............................................................................................................ 4,496,000 4,784,000 6.4 

Spent Fuel Storage/Reactor Decommissioning .......................................................................... 188,000 225,000 19.7 

Research and Test Reactors (Non-power Reactors) .................................................................. 81,400 81,300 ¥0.1 

High Enriched Uranium Fuel Facility ........................................................................................... 7,255,000 7,726,000 6.5 

Low Enriched Uranium Fuel Facility ............................................................................................ 2,629,000 2,799,000 6.5 

UF6 Conversion and Deconversion Facility ................................................................................. 1,498,000 1,596,000 6.5 

Conventional Mills ........................................................................................................................ 38,900 38,800 ¥0.3 

Typical Materials Users: 

Radiographers (Category 3O) .............................................................................................. 27,000 25,700 ¥4.8 

Well Loggers (Category 5A) ................................................................................................. 16,000 15,600 ¥2.5 

All Other Specific Byproduct Material Licensees (Category 3P) ......................................... 9,300 9,000 ¥3.2 

Broad Scope Medical (Category 7B) ................................................................................... 33,800 32,700 ¥3.3 

The work papers that support this 

proposed rule show in detail how the 

NRC proposes to allocate the budgeted 

resources for each class of licensees and 

calculate the fees. 

Paragraphs a. through h. of this 

section describe budgeted resources 

allocated to each class of licensees and 

the calculations of the rebaselined fees. 

For more information about detailed fee 

calculations for each class, please 

consult the accompanying work papers. 


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3412 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

4See Table VII for percentage change for each fee 

category. 

a. Fuel Facilities 

The NRC proposes to collect $29.2 

million in annual fees from the fuel 

facilities class. 

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2017 

final 

FY 2018 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $33.9 $35.1 3.5 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥9.6 ¥9.3 ¥3.2 

Net 10 CFR part 171 resources ........................................................................................... 24.3 25.8 6.2 

Allocated generic transportation .................................................................................................. 1.6 1.6 0.0 

Fee-relief adjustment/LLW surcharge ......................................................................................... 2.5 1.8 ¥28.0 

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

Total remaining required annual fee recovery 4 ................................................................... 28.4 29.2 2.8 

In FY 2018, although the fuel facilities 

budgeted resources increased slightly, 

there is a slight decrease in estimated 10 

CFR part 170 billings as a result of 

completing the Mixed Oxide Fuel 

Fabrication Facility’s structure review 

and completing Westinghouse’s license 

renewal (offset by billings for the 

Honeywell International’s license 

renewal application beginning in FY 

2018). There was also a reduction to the 

LLW percentage allotment because of 

decreased usage of LLW by this fee 

class. 

The NRC allocates annual fees to 

individual fuel facility licensees based 

on the effort/fee determination matrix 

developed in the FY 1999 final fee rule 

(64 FR 31447; June 10, 1999). To briefly 

recap, the matrix groups licensees 

within this fee class into various fee 

categories. The matrix lists processes 

conducted at licensed sites and assigns 

effort factors for the safety and 

safeguards activities associated with 

each process (these effort levels are 

reflected in Table VII). The annual fees 

are then distributed across the fee class 

based on the regulatory effort predicted 

by the matrix. 

TABLE VII—EFFORT FACTORS FOR FUEL FACILITIES, FY 2018 

Facility type 

(fee category) 

Number of 

facilities 

Effort factors 

(percent of total) 

Safety Safeguards 

High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... 2 88 96 

Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... 3 70 30 

Limited Operations (1.A.(2)(a)) .................................................................................................... 0 0 0 

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

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

Uranium Enrichment (1.E.) .......................................................................................................... 1 21 23 

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

In FY 2018, the total remaining 

required annual fee recovery amount of 

$29.2 million is comprised of safety 

activities, safeguards activities and the 

fee-relief adjustment/LLW surcharge. 

For FY 2018, the total budgeted 

resources to be recovered as annual fees 

for safety activities are $15.1 million. To 

calculate the annual fee, the NRC 

allocates this amount to each fee 

category based on its percent of the total 

regulatory effort for safety activities. 

Similarly, the NRC allocates the 

budgeted resources to be recovered as 

annual fees for safeguards activities, 

$12.3 million, to each fee category based 

on its percent of the total regulatory 

effort for safeguards activities. Finally, 

the fuel facility fee class’ portion of the 

fee-relief adjustment/LLW surcharge— 

$1.8 million—is allocated to each fee 

category based on its percentage 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. In 

comparison to FY 2017, for FY 2018 

there was an increase of 2.8% for the 

total remaining required annual fee 

recovery (see Table VI). However, in 

comparison to FY 2017 for FY 2018, 

there was an increase of 6.5% in each 

fee category. The differences in the 

percentage increase was due to two 

licensees leaving the fee class in FY 

2017. The fee for each facility is 

summarized in Table VIII. 


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5No licensees in this fee category in FY 2018. 

6The 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. 

TABLE VIII—ANNUAL FEES FOR FUEL FACILITIES

Facility type 

(fee category) 

FY 2017 

final 

annual fee 

FY 2018 

proposed 

annual fee 

Percentage 

change 

High-Enriched Uranium Fuel (1.A.(1)(a)) .................................................................................... $7,255,000 $7,726,000 6.5 

Low-Enriched Uranium Fuel (1.A.(1)(b)) ..................................................................................... 2,629,000 2,799,000 6.5 

Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)) .............................................................. 1,366,000 5 N/A N/A 

Hot Cell (and others) (1.A.(2)(c)) ................................................................................................. 710,000 5 N/A N/A 

Uranium Enrichment (1.E.) .......................................................................................................... 3,470,000 3,695,000 6.5 

UF6 Conversion and Deconversion (2.A.(1)) ............................................................................... 1,498,000 1,596,000 6.5 

b. Uranium Recovery Facilities The NRC proposes to collect $0.6 

million in annual fees from the uranium 

recovery facilities fee class, a decrease 

of 66.7 percent from FY 2017. 

TABLE IX—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations FY 2017 

final 

FY 2018 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $14.3 $13.5 ¥5.6 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥13.5 ¥13.0 ¥3.8 

Net 10 CFR part 171 resources ........................................................................................... 0.8 0.5 ¥60.0 

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

Fee-relief adjustment ................................................................................................................... 0.2 0.1 ¥50.0 

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

Total required annual fee recovery ...................................................................................... 1.0 0.6 ¥66.7 

In comparison to FY 2017, the FY 

2018 budgeted resources for uranium 

recovery licensees decreased due to 

reductions in associated licensing work, 

realignment of the Uranium Mill 

Tailings Radiation Control Act 

(UMTRCA) program, and completed 

reviews for license amendments for 

Strata Energy and Jane Dough, offset by 

increased workload for the Marsland 

license amendment review. 

The NRC computes the annual fee for 

the uranium recovery fee class by 

dividing the total annual fee recovery 

amount among DOE and the other 

licensees in this fee class. The annual 

fee decreased for the DOE/UMTRCA 

program due to the decreased budgeted 

resources and an increase in 10 CFR 

part 170 billings for the Atlantic 

Richfield review. The annual fee 

decreased slightly for the remaining 

Uranium Recovery licensees due to a 

decrease in estimated 10 CFR part 170 

billings for completed reviews for 

license amendments for Strata Energy 

and Jane Dough, offset by an increase in 

10 CFR part 170 billings for the 

Marsland license amendment review. 

The NRC regulates DOE’s Title I and 

Title II activities under UMTRCA 6 and 

the proposed annual fee to DOE 

includes the costs specifically budgeted 

for the NRC’s UMTRCA Title I and II 

activities, as well as 10 percent of the 

remaining budgeted costs for this fee 

class. The DOE’s UMTRCA annual fee 

decreased mainly due to the budgeted 

resources reduction and an increase in 

estimated 10 CFR part 170 billings for 

work on the Atlantic Richfield review. 

The annual fee decreased for the overall 

fee class due to the decrease in budgeted 

resources. The NRC assesses the 

remaining 90 percent of its budgeted 

costs to the rest of the licensees in this 

fee class, as described in the work 

papers. This is reflected in Table X as 

follows: 

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

Summary of costs 

FY 2017 

final 

annual fee 

FY 2018 

proposed 

annual fee 

Percentage 

change 

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

UMTRCA Title I and Title II budgeted costs less 10 CFR part 170 receipts ...................... $574,595 $147,161 ¥74.4 

10 percent of generic/other uranium recovery budgeted costs ........................................... 19,079 32,434 41.2 

10 percent of uranium recovery fee-relief adjustment ......................................................... 21,940 8,547 ¥61.0 

Total Annual Fee Amount for DOE (rounded) .............................................................. 616,000 188,000 ¥69.5 

Annual Fee Amount for Other Uranium Recovery Licenses: 

90 percent of generic/other uranium recovery budgeted costs less the amounts specifically budgeted for UMTRCA Title I and Title II activities ................................................. 171,714 291,903 70.0 


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3414 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

TABLE X—COSTS RECOVERED THROUGH ANNUAL FEES; URANIUM RECOVERY FEE CLASS—Continued 

Summary of costs 

FY 2017 

final 

annual fee 

FY 2018 

proposed 

annual fee 

Percentage 

change 

90 percent of uranium recovery fee-relief adjustment ......................................................... 197,464 76,924 ¥61.0 

Total Annual Fee Amount for Other Uranium Recovery Licenses ............................... 369,178 368,828 ¥0.1 

Further, for the non-DOE licensees, 

the NRC continues to use a matrix to 

determine the effort levels associated 

with conducting the generic regulatory 

actions for the different licensees in this 

fee class; this is similar to the NRC’s 

approach for fuel facilities, described 

previously. 

The matrix methodology for uranium 

recovery licensees first identifies the 

licensee categories included within this 

fee class (excluding DOE). These 

categories are: Conventional uranium 

mills and heap leach facilities; uranium 

In Situ Recovery (ISR) and resin ISR 

facilities; mill tailings disposal facilities; 

and uranium water treatment facilities. 

The matrix identifies the types of 

operating activities that support and 

benefit these licensees, along with each 

activity’s relative weight (for more 

information, see the work papers). Table 

XI displays the benefit factors per 

licensee and per fee category, for each 

of the non-DOE fee categories included 

in the uranium recovery fee class as 

follows: 

TABLE XI—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES

Fee category Number of 

licensees 

Benefit factor 

per licensee Total value Benefit factor percent total 

Conventional and Heap Leach mills (2.A.(2)(a)) ..................................... 1 150 150 10.5 

Basic In Situ Recovery facilities (2.A.(2)(b)) ........................................... 5 190 950 66.7 

Expanded In Situ Recovery facilities (2.A.(2)(c)) .................................... 1 215 215 15.1 

Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ..... 1 85 85 6.0 

Uranium water treatment (2.A.(5)) ........................................................... 1 25 25 1.7 

Total .................................................................................................. 9 665 1,425 100.0 

Applying these factors to the 

approximately $368,828 in budgeted 

costs to be recovered from non-DOE 

uranium recovery licensees results in 

the total annual fees for each fee 

category. The annual fee per licensee is 

calculated by dividing the total 

allocated budgeted resources for the fee 

category by the number of licensees in 

that fee category, as summarized in 

Table XII. 

TABLE XII—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES

[Other than DOE] 

Facility type 

(fee category) 

FY 2017 final 

annual fee 

FY 2018 

proposed 

annual fee 

Percentage 

change 

Conventional and Heap Leach mills (2.A.(2)(a)) ......................................................................... $38,900 $38,800 ¥0.3 

Basic In Situ Recovery facilities (2.A.(2)(b)) ............................................................................... 49,200 49,200 0.0 

Expanded In Situ Recovery facilities (2.A.(2)(c)) ........................................................................ 55,700 55,600 ¥0.2 

Section 11e.(2) disposal incidental to existing tailings sites (2.A.(4)) ......................................... 22,000 22,000 0.0 

Uranium water treatment (2.A.(5)) ............................................................................................... 6,500 6,500 0.0 

c. Operating Power Reactors 

The NRC proposes to collect $451.3 

million in annual fees from the power 

reactor fee class in FY 2018, as shown 

in Table XIII. The FY 2017 fees and 

percentage change are shown for 

comparison purposes. 

TABLE XIII—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations FY 2017 

final 

FY 2018 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $670.3 $693.0 3.4 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥256.3 ¥247.1 ¥3.6 

Net 10 CFR part 171 resources ........................................................................................... 414.0 445.9 7.7 

Allocated generic transportation .................................................................................................. 0.3 0.3 0.0 

Fee-relief adjustment/LLW surcharge ......................................................................................... 11.1 5.8 ¥47.7 


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

[Dollars in millions] 

Summary fee calculations FY 2017 

final 

FY 2018 

proposed 

Percentage 

change 

Billing adjustment ......................................................................................................................... 1.1 ¥0.7 ¥163.6 

Total required annual fee recovery ...................................................................................... 426.5 451.3 5.8 

Total operating reactors ....................................................................................................... 99 99 0.0 

Annual fee per reactor ................................................................................................................. 4,308.0 4,559.0 5.8 

In comparison to FY 2017, the 

operating power reactors budgeted 

resources increased in FY 2018 

primarily because contract costs 

associated with research in the areas of 

safety and security of digital systems, 

materials degradation, the aging of 

cables, and the effects of concrete 

degradation were funded in FY 2017 

with prior year unobligated carryover. 

Contract costs also increased to support 

the new reactor design certification and 

early site permit reviews, as well as 

related infrastructure and technical 

assistance. Offsetting factors include a 

decrease in staff needed for Fukushimarelated work and combined license 

reviews. Estimated billings under 10 

CFR part 170 also slightly declined 

primarily due to South Carolina Electric 

and Gas Company’s decision to abandon 

the construction of the two new nuclear 

units at V.C. Summer Nuclear Station, 

offset by the increased work for new 

reactor design certification and early 

site permit reviews. 

The recoverable budgeted costs are 

divided equally among the 99 licensed 

power reactors, resulting in a proposed 

annual fee of $4,559,000 per reactor. 

Additionally, each licensed power 

reactor is assessed the FY 2018 spent 

fuel storage/reactor decommissioning 

proposed annual fee of $225,000 (see 

Table XIV and the discussion that 

follows). The combined proposed FY 

2018 annual fee for power reactors is, 

therefore, $4,784,000. 

On May 24, 2016, the NRC amended 

its licensing, inspection, and annual fee 

regulations to establish a variable 

annual fee structure for light-water 

small modular reactors (SMRs). Under 

the variable annual fee structure, 

effective June 23, 2016, an SMR’s 

annual fee would be calculated as a 

function of its licensed thermal power 

rating. Currently, there are no operating 

SMRs; therefore, the NRC is not 

proposing an annual fee in FY 2018 for 

this type of licensee. 

d. Spent Fuel Storage/Reactor 

Decommissioning 

The NRC proposes to collect $27.4 

million in annual fees from 10 CFR part 

50 power reactors, and from 10 CFR part 

72 licensees that do not hold a 10 CFR 

part 50 license, to collect the budgeted 

costs for spent fuel storage/reactor 

decommissioning. 

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

FEE CLASS

[Dollars in millions] 

Summary fee calculations FY 2017 

final 

FY 2018 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $29.5 $34.6 17.3 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥7.9 ¥8.3 5.1 

Net 10 CFR part 171 resources ........................................................................................... 21.6 26.3 21.7 

Allocated generic transportation costs ........................................................................................ 0.8 0.9 12.5 

Fee-relief adjustment ................................................................................................................... 0.5 0.2 ¥60.0 

Billing adjustments ....................................................................................................................... 0.1 0.0 ¥100.0 

Total required annual fee recovery ...................................................................................... 23.0 27.4 19.4 

Total spent fuel storage facilities .......................................................................................... 122 122 0.0 

Annual fee per facility .................................................................................................................. 0.188 0.225 19.7 

Compared to FY 2017, the FY 2018 

budgeted resources for spent fuel 

storage/reactor decommissioning 

increased due to (1) an increase in 

resources to support the safety, security, 

emergency preparedness, and 

environmental reviews for two 

applications for consolidated interim 

storage facilities (one of which has been 

suspended), and (2) efforts to update/ 

consolidate the standard review plan for 

these facilities. For this fee class, 

estimated billings under 10 CFR part 

170 increased slightly because although 

there was a decline in 10 CFR part 170 

estimated billings due to suspension of 

the review for the Waste Control 

Specialists consolidated interim storage 

facility application, there was an overall 

increase in 10 CFR part 170 estimated 

billings due to an anticipated increase 

in workload for the Holtec International 

consolidated interim storage facility 

application, a renewal request for DOE 

Idaho, and an amendment request by 

TN Americas. 

The required annual fee recovery 

amount is divided equally among 122 

licensees, resulting in an FY 2018 

annual fee of $225,000 per licensee. 

e. Research and Test Reactors (NonPower Reactors) 

The NRC proposes to collect $0.325 

million in annual fees from the research 

and test reactor licensee class. 


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

[Dollars in millions] 

Summary fee calculations FY 2017 

final 

FY 2018 

proposed 

Percentage 

change 

Total budgeted resources ............................................................................................................ $1.982 $2.997 51.2 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥1.724 ¥2.722 57.9 

Net 10 CFR part 171 resources ........................................................................................... 0.258 0.275 6.6 

Allocated generic transportation .................................................................................................. 0.034 0.034 0.9 

Fee-relief adjustment ................................................................................................................... 0.031 0.019 ¥38.7 

Billing adjustments ....................................................................................................................... 0.003 ¥0.003 ¥200.0 

Total required annual fee recovery ...................................................................................... 0.326 0.325 ¥0.3 

Total research and test reactors .......................................................................................... 4 4 0.0 

Total annual fee per reactor ................................................................................................. 0.0814 0.0813 ¥0.1 

For this fee class, the budgeted 

resources increased due to increased 

licensing and inspection activities 

associated with medical isotope 

facilities. Despite the budgeted 

resources increase, the proposed FY 

2018 annual fee decreased due to an 

increase in estimated 10 CFR part 170 

billings for Aerotest’s license renewal, 

continued project management activities 

for the four test and research reactor 

sites, and increased licensing and 

inspection activities associated with 

medical isotope facilities. 

The required annual fee-recovery 

amount is divided equally among the 

four research and test reactors subject to 

annual fees and results in an FY 2018 

annual fee of $81,300 for each licensee. 

f. Rare Earth 

The NRC has not allocated any 

budgeted resources to this fee class; 

therefore, the NRC is not proposing an 

annual fee in FY 2018. 

g. Materials Users 

The NRC proposes to collect $34.2 

million in annual fees from materials 

users licensed under 10 CFR parts 30, 

40, and 70. 

TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations FY 2017 

final 

FY 2018 

proposed 

Percentage 

change 

Total budgeted resources for licensees not regulated by Agreement States ............................. $33.7 $33.0 ¥2.1 

Less estimated 10 CFR part 170 receipts .................................................................................. ¥0.9 ¥1.0 11.1 

Net 10 CFR part 171 resources ........................................................................................... 32.8 32.0 ¥2.5 

Allocated generic transportation .................................................................................................. 1.6 1.6 0.0 

Fee-relief adjustment/LLW surcharge ......................................................................................... 0.9 0.6 ¥33.3 

Billing adjustments ....................................................................................................................... 0.1 0.0 ¥100.0 

Total required annual fee recovery ...................................................................................... 35.4 34.2 ¥3.4 

The annual fee for these categories of 

materials users’ licenses is developed as 

follows: Annual Fee = Constant × 

[Application Fee + (Average Inspection 

Cost/Inspection Priority)] + Inspection 

Multiplier × (Average Inspection Cost/ 

Inspection Priority) + Unique Category 

Costs. The total annual fee recovery 

proposed for FY 2018 consists of the 

following: $26.2 million for general 

costs, $7.1 million for inspection costs, 

$0.3 million for unique costs for 

medical licenses and $0.6 million for fee 

relief/LLW costs. To equitably and fairly 

allocate the $34.2 million required to be 

collected among approximately 2,600 

diverse materials users licensees, the 

NRC continues to calculate the annual 

fees for each fee category within this 

class based on the 10 CFR part 170 

application fees and estimated 

inspection costs for each fee category. 

Because the application fees and 

inspection costs are indicative of the 

complexity of the materials license, this 

approach provides a proxy for allocating 

the generic and other regulatory costs to 

the diverse fee categories. This feecalculation method also considers the 

inspection frequency (priority), which is 

indicative of the safety risk and 

resulting regulatory costs associated 

with the categories of licenses. 

The NRC proposes to decrease annual 

fees for most materials licensees in this 

fee class in FY 2018 due to a reduction 

in budgeted resources for oversight 

activities through implementation of 

process enhancements and rebaselining 

of the materials program under Project 

Aim. 

The constant multiplier is established 

in order to recover the total general 

costs (including allocated generic 

transportation costs) of $26.2 million. 

To derive the constant multiplier, the 

general cost amount is divided by the 

product of all fee categories (application 

fee plus the inspection fee divided by 

inspection priority) then multiplied by 

the number of licensees. This 

calculation results in a constant 

multiplier of 1.46 for FY 2018. The 

average inspection cost is the average 

inspection hours for each fee category 

multiplied by the professional hourly 

rate of $270. The inspection priority is 

the interval between routine 

inspections, expressed in years. The 


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7New line item added to enhance clarify. 

inspection multiplier is established in 

order to recover the $7.1 million in 

inspection costs. To derive the 

inspection multiplier, the inspection 

costs amount is divided by the product 

of all fee categories (inspection fee 

divided by inspection priority) then 

multiplied by the number of licensees. 

This calculation results in an inspection 

multiplier of 1.38 for FY 2018. The 

unique category costs are any special 

costs that the NRC has budgeted for a 

specific category of licenses. For FY 

2018, unique category costs include 

approximately $0.3 million in budgeted 

costs for the implementation of revised 

10 CFR part 35, ‘‘Medical Use of 

Byproduct Material,’’ which has been 

allocated to holders of NRC human-use 

licenses. These unique category costs 

include the budgeted resources for the 

medical program of $20 million, 

adjusted for the percentage of 

Agreement State licensees. The 

remainder is divided by the number of 

licensees within fee categories 7A, 7C 

and 17. Please see the work papers for 

more detail about this classification. 

The annual fee assessed to each 

licensee also includes a share of the $0.6 

million fee-relief surcharge assessment 

of approximately $0.2 million allocated 

to the materials users fee class (see 

Table IV, ‘‘Allocation of Fee-Relief 

Adjustment and LLW Surcharge, FY 

2018,’’ in Section III, ‘‘Discussion,’’ of 

this document), and for certain 

categories of these licensees, a share of 

the approximately $0.4 million LLW 

surcharge costs allocated to the fee 

class. The proposed annual fee for each 

fee category is shown in the proposed 

revision to § 171.16(d). 

h. Transportation 

The NRC proposes to collect $5.9 

million in annual fees to recover generic 

transportation budgeted resources. The 

FY 2017 values are shown for 

comparison purposes. 

TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee calculations FY 2017 

final 

FY 2018 

proposed 

Percentage 

change 

Total Budgeted Resources .......................................................................................................... $8.9 $8.8 ¥1.1 

Less Estimated 10 CFR part 170 Receipts ................................................................................. ¥3.1 ¥2.9 ¥6.5 

Net 10 CFR part 171 Resources ......................................................................................... 5.8 5.9 1.7 

Less Generic Transportation Resources 7 ................................................................................... ¥4.5 ¥4.5 0.0 

Fee-relief adjustment/LLW surcharge ......................................................................................... 0.2 0.0 0.0 

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

Total required annual fee recovery ...................................................................................... 1.5 1.4 ¥7.2 

In comparison to FY 2017, the total 

budgeted resources for FY 2018 for 

generic transportation activities 

decreased due to an anticipated 

reduction in the Certificates of 

Compliance (CoCs) for DOE (from 22 to 

21) and a decreased anticipated 

workload due to the expected number of 

major licensing actions to be completed 

in FY 2018. There was also a decline in 

budgeted resources within licensing and 

rulemaking support due to a 

reclassification of certain budgeted 

resources to the spent fuel storage/ 

reactor decommissioning fee class. 

Consistent with the policy established 

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

FR 30721; May 30, 2006), the NRC 

recovers generic transportation costs 

unrelated to DOE by including those 

costs in the annual fees for licensee fee 

classes. The NRC continues to assess a 

separate annual fee under § 171.16, fee 

category 18.A. for DOE transportation 

activities. The amount of the allocated 

generic resources is calculated by 

multiplying the percentage of total CoCs 

used by each fee class (and DOE) by the 

total generic transportation resources to 

be recovered. The proposed annual fee 

decrease for DOE is mainly due to an 

anticipated decrease in CoCs from 22 to 

21 in FY 2018. 

This resource distribution to the 

licensee fee classes and DOE is shown 

in Table XVIII. Note that for the research 

and test reactors fee class, the NRC 

allocates the distribution to only those 

licensees that are subject to annual fees. 

Although four CoCs benefit the entire 

research and test reactor class, only 4 

out of 31 research and test reactors are 

subject to annual fees. Consequently, 

the number of CoCs used to determine 

the proportion of generic transportation 

resources allocated to research and test 

reactors annual fees has been adjusted 

to 0.5 so the research and test reactors 

subject to annual fees are charged a fair 

and equitable portion of the total. For 

more information, see the work papers. 

TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2018 

[Dollars in millions] 

Licensee fee class/DOE 

Number of CoCs 

benefiting fee 

class or DOE 

Percentage 

of total 

CoCs 

Allocated generic 

transportation 

resources 

Materials Users .................................................................................................... 25.0 27.9 $1.7 

Operating Power Reactors .................................................................................. 5.0 5.6 0.3 

Spent Fuel Storage/Reactor Decommissioning .................................................. 14.0 15.6 0.9 

Research and Test Reactors ............................................................................... 0.5 0.6 0.0 

Fuel Facilities ....................................................................................................... 24.0 26.8 1.6 

Sub-Total of Generic Transportation Resources ......................................... 68.5 76.5 4.5 


sradovich on DSK3GMQ082PROD with PROPOSALS
3418 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2018—Continued 

[Dollars in millions] 

Licensee fee class/DOE 

Number of CoCs 

benefiting fee 

class or DOE 

Percentage 

of total 

CoCs 

Allocated generic 

transportation 

resources 

DOE ..................................................................................................................... 21.0 23.5 1.4 

Total .............................................................................................................. 89.5 100.0 5.9 

The NRC assesses an annual fee to 

DOE based on the 10 CFR part 71 CoCs 

it holds. The NRC, therefore, does not 

allocate these DOE-related resources to 

other licensees’ annual fees because 

these resources specifically support 

DOE. 

FY 2018—Policy Change 

The NRC proposes one policy change 

for FY 2018: 

Changes to Small Materials Users Fee 

Categories for Locations of Use 

The NRC proposes to add seven new 

fee subcategories under 10 CFR 170.31, 

‘‘Schedule of Fees for Materials Licenses 

and Other Regulatory Services, 

Including Inspections, and Import and 

Export Licenses,’’ and 10 CFR 171.16, 

‘‘Annual Fees: Materials Licensees, 

Holders of Certificates of Compliance, 

Holders of Sealed Source and Device 

Registrations, Holders of Quality 

Assurance Program Approvals, and 

Government Agencies Licensed by the 

NRC.’’ Generally speaking, 10 CFR 

170.31 assigns the same fee to each 

licensee in the fee category, regardless 

of the amount of locations that the 

licensee is authorized to use. Yet for 

some of these fee categories, the NRC 

staff recently determined that it spends 

a disproportionate amount of time on 

licensees with six or more locations 

compared to licensees in the same fee 

category with fewer than six locations. 

Therefore, the NRC is proposing to 

revise its fee categories so that these fees 

better align with the actual costs of 

providing regulatory services. 

Previously—in the FY 2015 final fee 

rule—the NRC added three fee 

subcategories under one fee category, 

3.L. (research and development broad 

scope) for licenses with six or more 

locations of use. Although there are 14 

additional fee categories that could be 

modified, the NRC determined that most 

affected licenses are covered under only 

7 of the 14 fee categories. Accordingly, 

the NRC is proposing to add 

subcategories to these seven fee 

categories: 

• Manufacturing broad scope licenses 

under fee category 3.A. 

• Other manufacturing licenses under 

fee category 3.B. 

• Medical product distribution 

licenses under fee category 3.C. 

• Industrial radiography licenses 

under fee category 3.O. 

• Other byproduct licenses (e.g., 

portable and fixed gauges, measuring 

systems) under fee category 3.P. 

• Medical licenses under fee 

categories 7.A. and 7.B. 

To more accurately reflect the cost of 

services provided by the NRC, this 

change would result in each fee category 

having subcategories for 1–5, 6–20, and 

more than 20 locations of use. 

FY 2018—Administrative Changes 

The NRC also proposes eleven 

administrative changes: 

1. Revise the methodology of charging 

licensees for overhead time for project 

managers (PMs) and resident inspectors 

(RIs). 

The NRC proposes to revise the 

methodology of charging licensees for 

overhead time for PMs and RIs. 

Currently, the NRC includes an 

overhead cost of 6 percent of direct 

billable costs to all licensees’ invoices. 

The overhead charge is intended to 

recover the full cost for PM and RI 

activities that provide a direct benefit to 

the assigned licensee or site. 

In FY 2015 to FY 2017, this 6-percent 

value was based on the analysis of 4 

years of billing data (FY 2011 to FY 

2014) for overhead activities recorded in 

the time and labor system by a PM or 

RI and billed to the dockets to which the 

PM or the RI were officially assigned. 

The NRC has reviewed the process and, 

as a process enhancement, created 

docket-related fee-billable cost activity 

codes. Once the FY 2018 final fee rule 

is effective, the licensee invoices will no 

longer include the 6-percent overhead 

allocation. Instead, the licensee invoices 

will include the actual hours for 

activities that support and directly 

benefit the assigned licensee or site. 

2. Add definitions for inputs in the 

professional hourly rate calculation in 

10 CFR part 170, ‘‘Fees for Facilities, 

Materials, Import and Export Licenses, 

and Other Regulatory Services under the 

Atomic Energy Act of 1954, as 

Amended.’’ 

In response to the recommendations 

in the U.S. Government Accountability 

Office (GAO) report titled ‘‘Nuclear 

Regulatory Commission: Regulatory FeeSetting Calculations Need Greater 

Transparency’’ (GAO–17–232), dated 

February 2, 2017, the NRC committed to 

adding definitions for the professional 

hourly rate components in 10 CFR part 

170 during the FY 2018 fee rulemaking. 

The NRC therefore proposes to add 

definitions for ‘‘agency support 

(corporate support and the IG),’’ 

‘‘mission-direct program salaries and 

benefits,’’ and ‘‘mission-indirect 

program support’’ to 10 CFR 170.3, 

‘‘Definitions.’’ 

3. Delete the definition of ‘‘overhead 

and general and administrative costs’’ 

from 10 CFR 170.3 and 10 CFR 171.5. 

The term ‘‘overhead and general and 

administrative costs’’ is currently 

defined in 10 CFR 170.3 and 10 CFR 

171.5, but it is not used in 10 CFR parts 

170 and 171. Nor do the subordinate 

elements of the definition— 

‘‘Government benefits,’’ ‘‘travel costs,’’ 

‘‘overhead,’’ ‘‘administrative support 

costs,’’ and ‘‘indirect costs’’—appear 

elsewhere in parts 170 and 171. The 

NRC therefore proposes to delete these 

definitions for clarity purposes. 

4. Amend language under 10 CFR 

170.11, ‘‘Exemptions,’’ to add a new 

paragraph to include the timeframe in 

which a request for a fee exemption 

must be submitted to the Chief 

Financial Officer (CFO) under 10 CFR 

part 170. 

The NRC proposes to revise language 

to provide that a request for a fee 

exemption under 10 CFR 170.11(a)(1) 

must be submitted to the CFO within 90 

days of the date of the NRC’s receipt of 

the work. 

5. Amend language under 10 CFR 

170.31, ‘‘Schedule of Fees for Materials 

Licenses and Other Regulatory Services, 

Including Inspections, and Import and 

Export Licenses,’’ and 10 CFR 171.16, 

‘‘Annual Fees: Materials Licensees, 

Holders of Certificates of Compliance, 

Holders of Sealed Source and Device 

Registrations, Holders of Quality 

Assurance Program Approvals, and 

Government Agencies Licensed by the 

NRC,’’ to enhance clarity. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3419 

When a materials license (or part of a 

materials license) changes from 

operational to decommissioning status, 

it transitions to fee category 14.A. There 

are two aspects of the fee treatment that 

follows transition to fee category 14.A. 

First, the materials license (or part of a 

materials license) that transitions to fee 

category 14.A is assessed full cost fees 

under 10 CFR part 170, even if, before 

the transition to this fee category, the 

licensee was assessed flat fees under 10 

CFR part 170. Second, the materials 

license (or part of a materials license) 

that transitions to fee category 14.A is 

not assessed annual fees under 10 CFR 

part 171. If only part of a materials 

license is transitioned to fee category 

14.A, the licensee may be charged 

annual fees (and any applicable 10 CFR 

part 170 fees) for other activities 

authorized under the license that are not 

in decommissioning status. The NRC is 

proposing to add a new footnote to the 

table in 10 CFR 170.31 and to the table 

in 10 CFR 171.16 to emphasize the fee 

treatment that follows a transition to fee 

category 14.A. 

The NRC also proposes to add new 

language to the description of fee 

category 14.A. in both 10 CFR 170.31 

and 171.16 in order to enhance clarity 

regarding when a materials license (or 

part of a materials license) transitions to 

fee category 14.A. Specifically, this 

transition occurs when a licensee has 

permanently ceased principal activities. 

For guidance on what constitutes 

‘‘permanently ceasing principal 

activities,’’ please see Regulatory Issue 

Summary 2015–19 (Sept. 27, 2016) 

(ADAMS Accession No. ML16008A242). 

6. Amend language under 10 CFR 

171.3 and 10 CFR 171.16(a) to clarify 

when the assessment of annual fees 

begins for uranium recovery and fuel 

facility licensees. 

Both uranium recovery and fuel 

facilities licenses include a condition 

that the NRC must complete a postconstruction, pre-operational inspection 

to authorize a licensee to possess and 

use source material. In the FY 2007 final 

fee rule, the NRC added language to 10 

CFR 171.3 and 10 CFR 171.16(a) to 

codify its policy that annual fees for 

uranium enrichment facilities will be 

assessed after the NRC verifies through 

inspection that the facility has been 

constructed in accordance with the 

requirements of the license. The NRC 

proposes to amend those sections to 

codify the policy that the assessment of 

annual fees for uranium recovery or fuel 

facility licensees, including uranium 

enrichment facility licensees, begins 

after the NRC inspection verifies that 

the facility has been constructed in 

accordance with the requirements of the 

license. 

7. Amend footnote 9 to the table in 10 

CFR 171.16(d) for clarity. 

The NRC proposes to revise footnote 

9 to clarify that nuclear medicine 

licensees under fee category 7.A. would 

not be assessed a separate annual fee for 

pacemaker licenses. 

8. Delete footnote 15 to the table in 10 

CFR 171.16(d). 

The NRC proposes to delete footnote 

15 because footnote 16 is more 

comprehensive and already includes the 

relevant information from footnote 15. 

The current footnote 16 would be 

renumbered as footnote 15, and the 

footnotes that follow current footnote 16 

would be renumbered. All references to 

these footnotes in fee categories will be 

adjusted accordingly. 

9. Amend footnote 16 to the table in 

10 CFR 171.16(d) for clarity. 

The NRC proposes to renumber 

footnote 16 as footnote 15, as indicated, 

and revise it to clarify that licensees 

paying fees under fee category 17 are 

not be subject to additional fees listed 

in the table. 

10. Add a new footnote to the table in 

10 CFR 171.16(d) for clarity. 

The NRC proposes to add a new 

footnote (as footnote 20) to clarify when 

licensees are exempt from paying 

annual fees under a specific fee category 

when they are licensed under multiple 

fee categories. The NRC currently 

follows this guidance and would add 

references to the new footnote 20 to fee 

categories 2.B., 3.N., and 3.P. to enhance 

clarity. 

11. Amend language under 10 CFR 

171.17, ‘‘Proration,’’ to add a new 

sentence on the proration of fees. 

The NRC proposes to revise language 

regarding (1) reactors, (2) licensees 

under 10 CFR part 72, ‘‘Licensing 

Requirements for the Independent 

Storage of Spent Nuclear Fuel, HighLevel Radioactive Waste, and ReactorRelated Greater Than Class C Waste,’’ 

who do not hold 10 CFR part 50, 

‘‘Domestic Licensing of Production and 

Utilization Facilities,’’ licenses and (3) 

materials licensees with annual fees of 

$100,000 or greater for a single fee 

category. The NRC proposes to base the 

proration of annual fees for terminated 

and downgraded licensees on the fee 

rule in effect at the time the termination 

or downgrade action is official. The 

NRC will base the determinations on the 

proration requirements under 10 CFR 

171.17(a)(2) and (3). 

Under the current regulations, 

proration is based on the fee rule for the 

current fiscal year. This prevents the 

NRC from accurately billing the licensee 

at the time the termination or 

downgrade action is official based on 

the proration requirements under 10 

CFR 171.17(a)(2) and (3). The NRC has 

to wait until the current year’s fee rule 

is effective (typically during the fourth 

quarter of a fiscal year) to either bill 

additional amounts or process refunds 

to the licensee based on the new fee rule 

amount. 

This amendment would allow the 

NRC to prorate annual fees based on the 

fee rule in effect at the time the 

termination or downgrade action is 

official based on the proration 

requirements under 10 CFR 171.17(a)(2) 

and (3), thereby allowing the licensees 

to know that their fee amounts would 

not have to be adjusted in the fourth 

quarter of the fiscal year. This change 

would support the fair and equitable 

assessment of fees because it ties annual 

fee proration to when the license 

actually becomes downgraded or 

terminated. 

Update to the Fees Transformation 

Initiative 

The Staff Requirements 

Memorandum, dated October 19, 2016, 

for SECY–16–0097, ‘‘Fee Setting 

Improvements and Fiscal Year 2017 

Proposed Fee Rule,’’ directed staff to 

explore, as a voluntary pilot, whether a 

flat fee structure could be established 

for routine licensing matters in the area 

uranium recovery, and to accelerate the 

fees setting process improvements 

including the transition to an electronic 

billing system. With respect to the 

voluntary flat fees pilot, the staff has 

developed a project plan and is on target 

to complete this activity by September 

2020. With respect to the fees setting 

process improvements, all 14 of the 

activities scheduled for FY 2017 and an 

additional 3 scheduled for FY 2018 

were completed in FY 2017. These 

improvements included adding 

additional content to the FY 2018 CBJ 

to help licensees understand how the 

planned workload in the budget 

impacted fees, validating the budgeting 

process by comparing budgeted 

amounts with actual amounts in the 

CBJ, posting the estimated cost of 

various licensing actions for both the 

Reactors and Materials programs on the 

NRC’s public website, and modifying 

the calculation of full-cost fees to 

facilitate publishing the proposed and 

final fee rules earlier. For the remaining 

process changes recommended for 

future consideration, the NRC is wellpositioned to complete them on 

schedule. In addition, the NRC is 

considering alternatives to accelerate 

the transition to an electronic billing 

system and for opportunities to enhance 

the detail contained in our invoices. For 


sradovich on DSK3GMQ082PROD with PROPOSALS
3420 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

8 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612, has 

been amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996, Public Law 104– 

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

more information, please see our fees 

transformation accomplishments 

schedule, located on our license fees 

website at: https://www.nrc.gov/aboutnrc/regulatory/licensing/feestransformation-accomplishments.html. 

IV. Regulatory Flexibility Certification 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),8 the NRC has prepared a 

regulatory flexibility analysis relating to 

this proposed rule. The regulatory 

flexibility analysis is available as 

indicated in Section XIII, Availability of 

Documents, of this document. 

V. Regulatory Analysis 

Under OBRA–90, the NRC is required 

to recover approximately 90 percent of 

its budget authority in FY 2018. The 

NRC established fee methodology 

guidelines for 10 CFR part 170 in 1978, 

and established additional fee 

methodology guidelines for 10 CFR part 

171 in 1986. In subsequent rulemakings, 

the NRC has adjusted its fees without 

changing the underlying principles of 

its fee policy to ensure that the NRC 

continues to comply with the statutory 

requirements for cost recovery in 

OBRA–90. 

In this rulemaking, the NRC continues 

this long-standing approach. Therefore, 

the NRC did not identify any 

alternatives to the current fee structure 

guidelines and did not prepare a 

regulatory analysis for this rulemaking. 

VI. Backfitting and Issue Finality 

The NRC has determined that the 

backfit rule, 10 CFR 50.109, does not 

apply to this proposed rule and that a 

backfit analysis is not required. A 

backfit analysis is not required because 

these amendments do not require the 

modification of, or addition to, systems, 

structures, components, or the design of 

a facility, or the design approval or 

manufacturing license for a facility, or 

the procedures or organization required 

to design, construct, or operate a 

facility. 

VII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC has 

written this document to be consistent 

with the Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31885). 

The NRC requests comment on the 

proposed rule with respect to the clarity 

and effectiveness of the language used. 

VIII. National Environmental Policy 

Act 

The NRC has determined that this 

rule will amend NRC’s administrative 

requirements in 10 CFR part 170 and 10 

CFR part 171. Therefore, this action is 

categorically excluded from needing 

environmental review as described in 10 

CFR 51.22(c)(1). Consequently, neither 

an environmental impact statement nor 

an environmental assessment has been 

prepared for this proposed rule. 

IX. Paperwork Reduction Act 

This proposed rule does not contain 

a collection of information as defined in 

the Paperwork Reduction Act of 1995 

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

is not subject to the requirements of the 

Paperwork Reduction Act of 1995. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

X. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this proposed rule, the 

NRC proposes to amend the licensing, 

inspection, and annual fees charged to 

its licensees and applicants, as 

necessary, to recover approximately 90 

percent of its budget authority in FY 

2018, as required by OBRA–90. This 

action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

XI. Availability of Guidance 

The Small Business Regulatory 

Enforcement Fairness Act requires all 

Federal agencies to prepare a written 

compliance guide for each rule for 

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

604 to prepare a regulatory flexibility 

analysis. The NRC, in compliance with 

the law, prepared the ‘‘Small Entity 

Compliance Guide’’ for the FY 2017 

proposed fee rule. The NRC plans to 

continue to use this compliance guide 

for FY 2018 and has relabeled the 

compliance guide to reflect the current 

fiscal year. The FY 2018 version of the 

compliance guide is available as 

indicated in Section XIII, Availability of 

Documents, of this document. The next 

compliance guide will be developed 

when the NRC completes the next small 

entity biennial review in FY 2019. 

XII. Public Meeting 

The NRC will conduct a public 

meeting on the proposed rule for the 

purpose of describing the proposed rule 

and answering questions from the 

public on the proposed rule. The NRC 

will publish a notice of the location, 

time, and agenda of the meeting on the 

NRC’s public meeting website within at 

least 10 calendar days before the 

meeting. In addition, the agenda for the 

meeting will be posted on 

www.regulations.gov under Docket ID 

NRC–2017–0026. For instructions to 

receive alerts when changes or additions 

occur in a docket folder, see Section 

XIII, Availability of Documents, of this 

document. Stakeholders should monitor 

the NRC’s public meeting website for 

information about the public meeting at: 

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

public-meetings/index.cfm. 

XIII. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document ADAMS accession No./weblink 

SECY–16–0009, ‘‘Recommendations Resulting from the Integrated Prioritization and 

Re-Baselining of Agency Activities,’’ February 9, 2016.

ML16104A158 

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

Rule,’’ August 22, 2016.

ML16194A365 

SECY–17–0026, ‘‘Policy Considerations and Recommendations for Remediation of 

Non-Military, Unlicensed Historic Radium Sites in Non-Agreement States’’ February 

22, 2017.

ML17130A783 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3421 

Document ADAMS accession No./weblink 

Staff Requirements Memorandum September 7, 2017, for SECY–17–0026 ................... ML17250A841 

FY 2018 Proposed Rule Work Papers .............................................................................. ML17348A377 

FY 2018 Regulatory Flexibility Analysis ............................................................................ ML17319A288 

FY 2018 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide ............ ML17319A291 

U.S. Government Accountability Office (GAO) report titled ‘‘Nuclear Regulatory Commission: Regulatory Fee-Setting Calculations Need Greater Transparency’’ (GAO– 

17–232), February 2, 2017.

http://www.gao.gov/products/GAO17-232 

Regulatory Issue Summary 2015–19, ‘‘Decommissioning Timeliness Rule Implementation and Associated Regulatory Relief,’’ September 27, 2016.ML16008A242 

NUREG–1100, Volume 33, ‘‘Congressional Budget Justification: Fiscal Year 2018’’ 

(May 2017).

ML17137A246 

NRC Form 526, Certification of Small Entity Status for the Purposes of Annual Fees 

Imposed under 10 CFR Part 171.

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

nrc526.pdf 

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

OMB’s Circular A–25, ‘‘User Charges’’ ............................................................................. https://www.whitehouse.gov/omb/circulars_default 

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

Throughout the development of this 

rule, the NRC may post documents 

related to this rule, including public 

comments, on the Federal Rulemaking 

website at http://www.regulations.gov 

under Docket ID NRC–2017–0026. The 

Federal Rulemaking website allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder NRC–2017–0026; (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

List of Subjects 

10 CFR Part 170 

Byproduct material, Import and 

export licenses, Intergovernmental 

relations, Non-payment penalties, 

Nuclear energy, Nuclear materials, 

Nuclear power plants and reactors, 

Source material, Special nuclear 

material. 

10 CFR Part 171 

Annual charges, Approvals, 

Byproduct material, Holders of 

certificates, Intergovernmental relations, 

Nonpayment penalties, Nuclear 

materials, Nuclear power plants and 

reactors, Registrations, Source material, 

Special nuclear material. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

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

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

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

Energy Reorganization Act of 1974, sec. 201 

(42 U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 

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

■ 2. In § 170.3, add the definitions for 

Agency support (corporate support and 

the IG), Mission-direct program salaries 

and benefits, and Mission-indirect 

program support in alphabetical order 

and remove the definition of Overhead 

and general administrative costs. 

The additions read as follows: 

§ 170.3 Definitions. 

* * * * * 

Agency support (corporate support 

and the IG) means resources located in 

executive, administrative, and other 

support offices such as the Office of the 

Commission, the Office of the Secretary, 

the Office of the Executive Director for 

Operations, the Offices of Congressional 

and Public Affairs, the Office of the 

Inspector General, the Office of 

Administration, the Office of the Chief 

Financial Officer, the Office of the Chief 

Information Officer, the Office of the 

Chief Human Capital Officer and the 

Office of Small Business and Civil 

Rights. These resources administer the 

corporate or shared efforts that more 

broadly support the activities of the 

agency. These resources also include 

information technology services, human 

capital services, financial management, 

and administrative support. 

* * * * * 

Mission-direct program salaries and 

benefits means resources that are 

allocated to perform core work activities 

committed to fulfilling the agency’s 

mission of protecting the public health 

and safety, promoting the common 

defense and security, and protecting the 

environment. These resources include 

the majority of the resources assigned 

under the direct business lines 

(Operating Reactors, New Reactors, Fuel 

Facilities, Nuclear Materials Users, 

Decommissioning and Low-Level Waste, 

and Spent Fuel Storage and 

Transportation). 

Mission-indirect program support 

means resources that support the core 

mission-direct activities. These 

resources include supervisory and 

nonsupervisory support and mission 

travel and training. Supervisory and 

nonsupervisory support and mission 

travel and training resources assigned 

under direct business line structure are 

considered mission-indirect due to their 

supporting role of the core mission 

activities. 

* * * * * 

■ 3. In § 170.11, add paragraph (c) to 

read as follows: 

§ 170.11 Exemptions. 

* * * * * 

(c) For purposes of § 170.11(a)(1), a 

request for a fee exemption must be 

submitted to the CFO within 90 days of 

the date of the NRC’s receipt of the 

work. 

■ 4. Revise § 170.20 to read as follows: 

§ 170.20 Average cost per professional 

staff-hour. 

Fees for permits, licenses, 

amendments, renewals, special projects, 

10 CFR part 55 re-qualification and 

replacement examinations and tests, 

other required reviews, approvals, and 

inspections under §§ 170.21 and 170.31 

will be calculated using the professional 

staff-hour rate of $270 per hour. 


sradovich on DSK3GMQ082PROD with PROPOSALS
3422 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

■ 5. In § 170.21, in the table, revise fee 

category K. to read as follows: 

§ 170.21 Schedule of fees for production 

or utilization facilities, review of standard 

referenced design approvals, special 

projects, inspections, and import and 

export licenses. 

* * * * * 

SCHEDULE OF FACILITY FEES

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

*******

K. Import and export licenses: 

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

or utilization facilities issued under 10 CFR part 110. 

1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 

110.40(b) ............................................................................................................................................................................ $18,900. 

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

2. Application for export of reactor and other components requiring Executive Branch review, for example, those actions under 10 CFR 110.41(a) ........................................................................................................................................... 9,500. 

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

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

assurances ......................................................................................................................................................................... 4,600. 

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

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

or obtaining foreign government assurances .................................................................................................................... 4,600. 

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

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

or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review 

or consultation with the Executive Branch, U.S. host state, or foreign government authorities ....................................... 2,700. 

Minor amendment to license. 

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

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

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

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

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

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

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

* * * * * * * 

4 Imports only of major components for end-use at NRC-licensed reactors are authorized under NRC general import license in 10 CFR 110.27. 

*******

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

as follows: 

§ 170.31 Schedule of fees for materials 

licenses and other regulatory services, 

including inspections, and import and 

export licenses. 

* * * * * 

SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

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

1. Special nuclear material 11: 

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

(a) Strategic Special Nuclear Material (High Enriched Uranium) [Program Code(s): 21213] ................................................ 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): 21240, 21310, 21320] ..................................................................... Full Cost. 

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

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

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

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

Full Cost. 

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

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

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


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Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3423 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

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

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

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

23310].

$2,500. 

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

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

for development and testing of commercial products, and other non-fuel-cycle activities.4 [ [Program Code(s): 22155].

Full Cost. 

2. Source material 11: 

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

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

Full Cost. 

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

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

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

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

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

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

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

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

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

Full Cost. 

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

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

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

12010].

Full Cost. 

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

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

Full Cost. 

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

Application [Program Code(s): 11210] .................................................................................................................................... $1,200. 

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

this chapter. 

Application [Program Code(s): 11240] .................................................................................................................................... $2,200. 

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

Application [Program Code(s): 11230, 11231] ........................................................................................................................ $2,700. 

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

source material for commercial distribution. 

Application [Program Code(s): 11710] .................................................................................................................................... $2,600. 

F. All other source material licenses. 

Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810] ....................................................................... $2,600. 

3. Byproduct material 11: 

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

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

use: 1–5. 

Application [Program Code(s): 03211, 03212, 03213] ............................................................................................................ $12,600. 

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

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

locations of use: 6–20. 

Application [Program Code(s): 03211, 03212, 03213] ..................................................................................................... $16,800. 

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

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

locations of use: more than 20. 

Application [Program Code(s): 03211, 03212, 03213] ..................................................................................................... $21,000. 

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

Application [Program Code(s): 03214, 03215, 22135, 22162] ................................................................................................ $3,500. 

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

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

Application [Program Code(s): 03214, 03215, 22135, 22162] ........................................................................................ $4,600. 

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

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

than 20. 

Application [Program Code(s): 03214, 03215, 22135, 22162] ........................................................................................ $5,800. 

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

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

Application [Program Code(s): 02500, 02511, 02513] ............................................................................................................ $5,100. 


sradovich on DSK3GMQ082PROD with PROPOSALS
3424 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

(1). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 6–20. 

Application [Program Code(s): 02500, 02511, 02513] ..................................................................................................... $6,700. 

(2). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: more than 20. 

Application [Program Code(s): 02500, 02511, 02513] ..................................................................................................... $8,400. 

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

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

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

Application [Program Code(s): 03510, 03520] ........................................................................................................................ $3,100. 

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

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

Application [Program Code(s): 03511] .................................................................................................................................... $6,300. 

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

materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. 

Application [Program Code(s): 03521] .................................................................................................................................... $60,300. 

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

device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include 

specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. 

Application [Program Code(s): 03254, 03255, 03257] ............................................................................................................ $6,500. 

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, 03256] ................................................................................... $9,700. 

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

sealed source and/or device review to persons generally licensed under part 31 of this chapter. 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] ............................................................................................................ $1,900. 

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

of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 

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

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

L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 1–5. 

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 

04614, 04615, 04616, 04617, 04618, 04619, 04620, 04621, 04622, 04623].

$5,300. 

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

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

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 

04614, 04615, 04616, 04617, 04618, 04619, 04620, 04621, 04622, 04623].

$7,100. 

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

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

20. 

Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613, 04610, 04611, 04612, 04613, 

04614, 04615, 04616, 04617, 04618, 04619, 04620, 04621, 04622, 04623].

$8,800. 

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] .................................................................................................................................... $6,900. 

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

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

3.P.; and 

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

4.C. 

Application [Program Code(s): 03219, 03225, 03226] ..................................................................................................... $7,100. 

O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. Number of locations of use: 1–5. 

Application [Program Code(s): 03310, 03320] ........................................................................................................................ $3,100. 

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

operations. Number of locations of use: 6–20. 

Application [Program Code(s): 03310, 03320] ................................................................................................................. $4,100. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3425 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

operations. Number of locations of use: more than 20. 

Application [Program Code(s): 03310, 03320] ................................................................................................................. $5,100. 

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

1–5. 

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

03222, 03800, 03810, 22130].

$3,300. 

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

use: 6–20. 

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

03222, 03800, 03810, 22130].

$4,500. 

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

use: more than 20. 

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

03222, 03800, 03810, 22130].

$5,600. 

Q. Registration of a device(s) generally licensed under part 31 of this chapter. Registration ...................................................... $700. 

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

limits specified in that section.5.

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

to 10 times the number of items or limits specified. 

Application [Program Code(s): 02700]. ............................................................................................................................ $2,500. 

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

Application [Program Code(s): 02710] ............................................................................................................................. $2,400. 

S. Licenses for production of accelerator-produced radionuclides. 

Application [Program Code(s): 03210] .................................................................................................................................... $13,800. 

4. Waste disposal and processing 11: 

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

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

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

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

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

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

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

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

Application [Program Code(s): 03234] .................................................................................................................................... $6,700. 

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

material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive 

or dispose of the material. 

Application [Program Code(s): 03232] .................................................................................................................................... $4,900. 

5. Well logging 11: 

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

well surveys, and tracer studies other than field flooding tracer studies. 

Application [Program Code(s): 03110, 03111, 03112] ............................................................................................................ $4,500. 

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

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

6. Nuclear laundries 11: 

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

nuclear material. 

Application [Program Code(s): 03218] .................................................................................................................................... $21,500. 

7. Medical licenses 11: 

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

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

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

Application [Program Code(s): 02300, 02310] ........................................................................................................................ $10,800. 

(1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 6–20. 

Application [Program Code(s): 02300, 02310] ................................................................................................................. $14,400. 

(2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: more than 20. 

Application [Program Code(s): 02300, 02310] ................................................................................................................. $17,900. 

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

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

also includes the possession and use of source material for shielding when authorized on the same license.10 Number of 

locations of use: 1–5. 

Application [Program Code(s): 02110] .................................................................................................................................... $8,400. 


sradovich on DSK3GMQ082PROD with PROPOSALS
3426 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

SCHEDULE OF MATERIALS FEES—Continued 

[See footnotes at end of table] 

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

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

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

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

This category also includes the possession and use of source material for shielding when authorized on the same license.10 Number of locations of use: 6–20. 

Application [Program Code(s): 02110] ............................................................................................................................. $11,200. 

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

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

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

This category also includes the possession and use of source material for shielding when authorized on the same license. 10 Number of locations of use: more than 20. 

Application [Program Code(s): 02110] ............................................................................................................................. $14,000. 

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] ...................... $5,400. 

8. Civil defense 11: 

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

Application [Program Code(s): 03710] .................................................................................................................................... $2,500. 

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

A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution. 

Application—each device ........................................................................................................................................................ $5,300. 

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 ........................................................................................................................................................ $8,800. 

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

Application—each source ........................................................................................................................................................ $5,100. 

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

Application—each source ........................................................................................................................................................ $1,030. 

10. Transportation of radioactive material: 

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

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

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

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

1. Users and Fabricators. 

Application ........................................................................................................................................................................ $4,100. 

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

2. Users. 

Application ........................................................................................................................................................................ $4,100. 

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, pre-application/licensing activities, and inspections. 

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

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

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

14. Decommissioning/Reclamation 11: 

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

licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. 

[Program Code(s): 03900, 11900, 21135, 21215, 21240, 21325, 22200].

Full Cost. 

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

the sites have been previously licensed.

Full Cost. 

15. Import and Export licenses: Licenses issued under part 110 of this chapter for the import and export only of special nuclear 

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

(fee categories 15.A. through 15.E.). 

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

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

Application—new license, or amendment; or license exemption request .............................................................................. $18,900. 

B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not 

Commission review. This category includes applications for the export and import of radioactive waste and requires the 

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

Environmental Protection Agency, etc.). 

Application—new license, or amendment; or license exemption request .............................................................................. $9,500. 

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. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3427 

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 .............................................................................. $4,600. 

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

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

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

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

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

F. Application for export of appendix P Category 1 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)) and to obtain one government-to-government consent for this process. For additional 

consent see fee category 15.I. 

Application—new license, or amendment; or license exemption request .............................................................................. $14,900. 

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

Application—new license, or amendment; or license exemption request .............................................................................. $8,100. 

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

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

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

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

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

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

J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)). 

Application—new license, or amendment; or license exemption request .............................................................................. $14,900. 

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

Application—new license, or amendment; or license exemption request .............................................................................. $8,100. 

L. Application for the export of Category 2 materials. 

Application—new license, or amendment; or license exemption request .............................................................................. $3,200. 

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

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

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

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

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

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

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

or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or 

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

$1,400. 

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. 

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

18. Department of Energy. 

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

and other casks, and plutonium air packages).

Full Cost. 

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

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

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

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

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

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

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

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

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

prescribed application fee for the highest fee category. 

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

fees listed in this table. 7 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 8 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 9 Licensees paying fees under 3.N. are not subject to paying fees under 3.P. for calibration or leak testing services authorized on the same license. 10 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope licenses issued under parts 30, 35, 40, and 70 

of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, 

source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license. 11A materials license (or part of a materials license) that transitions to fee category 14.A is assessed full-cost fees under 10 CFR part 170, but 

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

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

status. 

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 

■ 7. The authority citation for part 171 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

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

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

U.S.C. 2214; 44 U.S.C. 3504 note. 

■ 8. In § 171.3, revise the last sentence 

to read as follows: 

§ 171.3 Scope. 

* * * Notwithstanding the other 

provisions in this section, the 

regulations in this part do not apply to 

uranium recovery and fuel facility 

licensees until after the Commission 

verifies through inspection that the 

facility has been constructed in 

accordance with the requirements of the 

license. 

§ 171.5 [Amended] 

■ 9. In § 171.5, remove the definition of 

Overhead and general and 

administrative costs. 

■ 10. In § 171.15, revise paragraphs 

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

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

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

to read as follows: 

§ 171.15 Annual fees: Reactor licenses 

and independent spent fuel storage 

licenses. 

* * * * * 

(b)(1) The FY 2018 annual fee for each 

operating power reactor that must be 

collected by September 30, 2018, is 

$4,559,000. 

(2) The FY 2018 annual fees are 

comprised of a base annual fee for 

power reactors licensed to operate, a 

base spent fuel storage/reactor 

decommissioning annual fee, and 

associated additional charges (fee-relief 

adjustment). The activities comprising 

the spent fuel storage/reactor 

decommissioning base annual fee are 

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

this section. The activities comprising 

the FY 2018 fee-relief adjustment are 

shown in paragraph (d)(1) of this 

section. The activities comprising the 

FY 2018 base annual fee for operating 

power reactors are as follows: 

* * * * * 

(c)(1) The FY 2018 annual fee for each 

power reactor holding a 10 CFR part 50 

license that is in a decommissioning or 

possession-only status and has spent 

fuel onsite, and for each independent 

spent fuel storage 10 CFR part 72 

licensee who does not hold a 10 CFR 

part 50 license, is $225,000. 

(2) The FY 2018 annual fee is 

comprised of a base spent fuel storage/ 

reactor decommissioning annual fee 

(which is also included in the operating 

power reactor annual fee shown in 

paragraph (b) of this section) and a feerelief adjustment. The activities 

comprising the FY 2018 fee-relief 

adjustment are shown in paragraph 

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

comprising the FY 2018 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 

(iii) of this section are reduced by the 

appropriations the NRC receives for 

these types of activities. If the NRC’s 

appropriations for these types of 

activities are greater than the budgeted 

resources for the activities included in 

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

section for a given fiscal year, annual 

fees will be reduced. The activities 

comprising the FY 2018 fee-relief 

adjustment are as follows: 

* * * * * 

(2) The total FY 2018 fee-relief 

adjustment allocated to the operating 

power reactor class of licenses is a 

$5,761,255 fee-relief surcharge, not 

including the amount allocated to the 

spent fuel storage/reactor 

decommissioning class. The FY 2018 

operating power reactor fee-relief 

adjustment to be assessed to each 

operating power reactor is 

approximately a $58,195 fee-relief 

surcharge. This amount is calculated by 

dividing the total operating power 

reactor fee-relief surplus adjustment, 

$5,761,255, by the number of operating 

power reactors (99). 

(3) The FY 2018 fee-relief adjustment 

allocated to the spent fuel storage/ 

reactor decommissioning class of 

licenses is a $225,000 fee-relief 

surcharge. The FY 2018 spent fuel 

storage/reactor decommissioning fee 

relief adjustment to be assessed to each 

operating power reactor, each power 

reactor in decommissioning or 


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Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3429 

possession-only status that has spent 

fuel onsite, and to each independent 

spent fuel storage 10 CFR part 72 

licensee who does not hold a 10 CFR 

part 50 license, is a $1,844 fee-relief 

assessment. This amount is calculated 

by dividing the total fee-relief 

adjustment costs allocated to this class 

by the total number of power reactors 

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. 

* * * * * 

(f) The FY 2018 annual fees for 

licensees authorized to operate a 

research or test (non-power) reactor 

licensed under 10 CFR part 50, unless 

the reactor is exempted from fees under 

§ 171.11(a), are as follows: 

Research reactor ............................ $81,300 

Test reactor .................................... 81,300 

■ 11. In § 171.16, revise paragraphs 

(a)(2), (d), and (e) introductory text 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. 

(a) * * * 

(2) Notwithstanding the other 

provisions in this section, the 

regulations in this part do not apply to 

uranium recovery and fuel facility 

licensees until after the Commission 

verifies through inspection that the 

facility has been constructed in 

accordance with the requirements of the 

license. 

* * * * * 

(d) The FY 2018 annual fees are 

comprised of a base annual fee and an 

allocation for fee-relief adjustment. The 

activities comprising the FY 2018 feerelief adjustment are shown for 

convenience in paragraph (e) of this 

section. The FY 2018 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] .............................................. $7,726,000 

(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] 2,799,000 

(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] .............................................................................. N/A 

(b) Gas centrifuge enrichment demonstration facilities ........................................................................................................ N/A 

(c) Others, including hot cell facilities ................................................................................................................................... N/A 

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

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

chapter, in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers. [Program Code(s): 22140] ............................................................................................................................................. 3,000 

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

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

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

22161, 22170, 23100, 23300, 23310] ...................................................................................................................................... 8,400 

E. Licenses or certificates for the operation of a uranium enrichment facility [Program Code(s): 21200] ................................. 3,695,000 

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

chapter, for development and testing of commercial products, and other non-fuel cycle activities.4 [Program Code: 22155] 6,400 

2. Source material: 

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

for deconverting uranium hexafluoride in the production of uranium oxides for disposal. [Program Code: 11400] ............... 1,596,000 

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

(a) Conventional and Heap Leach facilities [Program Code(s): 11100] ........................................................................ 38,800 

(b) Basic In Situ Recovery facilities [Program Code(s): 11500] .................................................................................... 49,200 

(c) Expanded In Situ Recovery facilities [Program Code(s): 11510] ............................................................................. 55,600

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

(e) Resin Toll Milling facilities [Program Code(s): 11555] ............................................................................................. 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, 12000] ......................................................................................................... 5 N/A 

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

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

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

12010] ................................................................................................................................................................................ 22,000 

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

from drinking water [Program Code(s): 11820] ................................................................................................................. 6,500 

B. Licenses that authorize possession, use, and/or installation of source material for shielding.15 16 17 20 [Program Code: 

11210] ....................................................................................................................................................................................... 3,300 

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

this chapter. [Program Code: 11240] ....................................................................................................................................... 5,500 

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

11230 and 11231] ..................................................................................................................................................................... 6,400 


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3430 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

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

source material for commercial distribution. [Program Code: 11710] ...................................................................................... 7,800 

F. All other source material licenses. [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810] ................................... 10,300 

3. Byproduct material: 

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

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

use: 1–5. [Program Code(s): 03211, 03212, 03213] ................................................................................................................ 32,800 

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

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

of locations of use: 6–20. [Program Code(s): 03211, 03212, 03213] ............................................................................... 43,200 

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

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

of locations of use: More than 20. [Program Code(s): 03211, 03212, 03213] ................................................................. 53,800 

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

Code(s): 03214, 03215, 22135, 22162] .................................................................................................................................... 12,700 

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

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

[Program Code(s): 03214, 03215, 22135, 22162] ............................................................................................................ 16,400 

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

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

than 20. [Program Code(s): 03214, 03215, 22135, 22162] .............................................................................................. 20,300 

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

material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Number of locations of use: 1–5. [Program Code(s): 02500, 02511, 02513] ....... 12,900 

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

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

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

02500, 02511, 02513] ........................................................................................................................................................ 16,600 

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

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

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

Code(s): 02500, 02511, 02513] ......................................................................................................................................... 20,500 

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

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

is not removed from its shield (self-shielded units) [Program Code(s): 03510, 03520] .......................................................... 10,500 

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

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

03511] ....................................................................................................................................................................................... 11,700 

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

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

irradiation of materials in which the source is not exposed for irradiation purposes [Program Code(s): 03521] ................... 96,700 

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, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter [Program Code(s): 03254, 03255, 03257] ............................................................................ 11,800 

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

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

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

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

03253, 03256] ........................................................................................................................................................................... 16,500 

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

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

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

of this chapter [Program Code(s): 03240, 03241, 03243] ........................................................................................................ 4,400 

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] ................................................. 3,200 

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

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

Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ............................................................................................... 16,000 

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

for research and development that do not authorize commercial distribution. Number of locations of use: 6–20. [Program Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622] .............................................................................. 20,900 


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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

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

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

20. [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623] .................................................................. 25,700 

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] .............................................................. 14,800 

N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C.20 [Program Code(s): 03219, 03225, 03226] .... 19,200 

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

this chapter when authorized on the same license Number of locations of use: 1–5. [Program Code(s): 03310, 03320] .... 25,700 

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

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

Code(s): 03310, 03320] ..................................................................................................................................................... 34,300 

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

under part 40 of this chapter when authorized on the same license. Number of locations of use: More than 20. [Program Code(s): 03310, 03320] ........................................................................................................................................... 42,600 

P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 20 Number of locations of 

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

03800, 03810, 22130] ............................................................................................................................................................... 9,000 

(1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 20 Number of locations of use: 6–20. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 03220, 

03221, 03222, 03800, 03810, 22130] ............................................................................................................................... 12,000 

(2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 20 Number of locations of use: more than 20. [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03140, 03130, 

03220, 03221, 03222, 03800, 03810, 22130] ................................................................................................................... 15,000 

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] ..................................................... 7,400 

(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] ................................................................................................................................................. 7,700 

S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] ................................................... 31,700 

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] ................................ 20,400 

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 [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] ............. 15,600 

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] ....................................................................................................................... 38,900 

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. Number of locations of use: 1–5. [Program Code(s): 02300, 02310] ................................. 21,700 

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

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

shielding when authorized on the same license. Number of locations of use: 6–20. [Program Code(s): 02300, 02310] 31,800 


sradovich on DSK3GMQ082PROD with PROPOSALS
3432 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 

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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

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

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

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

02300, 02310] .................................................................................................................................................................... 35,900 

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

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

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

Number of locations of use: 1–5. [Program Code(s): 02110] .................................................................................................. 32,700 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 6–20. [Program Code(s): 02110] ............................................. 43,100 

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

70 of this chapter authorizing research and development, including human use of byproduct material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: more than 20. [Program Code(s): 02110] ............................... 53,300 

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

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

for shielding when authorized on the same license.9 19 [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 

02230, 02231, 02240, 22160] ................................................................................................................................................... 14,500 

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] ............................................................................................................................................. 7,400 

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 .................................................................. 7,800 

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 ....................................................................................................................................................... 12,900 

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 .................................................................................................................................................................... 1,500 

10. Transportation of radioactive material: 

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

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

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

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

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

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

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

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

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

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

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

B. General licenses for storage of spent fuel under 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, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21240, 21325, 22200] ....................................................................... 7 21 0 

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

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

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

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

17. Master materials licenses of broad scope issued to Government agencies [Program Code(s): 03614] ..................................... 334,000 

18. Department of Energy: 

A. Certificates of Compliance ....................................................................................................................................................... 10 1,405,000 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Proposed Rules 3433 

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

[See footnotes at end of table] 

Category of materials licenses Annual 

fees 123

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities .......................................................................................... 188,000 

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

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

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

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

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

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

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

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

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

category. (This exception does not apply if the radium sources are possessed for storage only.) 15 Licensees subject to fees under categories 1.A., 1.B., 1.E., 2.A., and licensees paying fees under fee category 17 must pay the largest applicable fee and are not subject to additional fees listed in this table. 16 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 17 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 18 Licensees paying fees under 3.N. are not subject to paying fees under 3.P. for calibration or leak testing services authorized on the same license. 19 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope license licenses issued under parts 30, 35, 40, 

and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license. 20 Licensees are exempt from paying annual fees under this fee category when they are licensed under multiple fee categories. 21 No annual fee is charged for a materials license (or part of a materials license) that has transitioned to this fee category because the decommissioning costs will be recovered through 10 CFR part 170 fees, but annual fees may be charged for other activities authorized under the license that are not in decommissioning status. 

(e) The fee-relief adjustment allocated 

to annual fees includes the budgeted 

resources for the activities listed in 

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

total budgeted resources for the 

activities included in paragraphs (e)(2) 

and (3) of this section, as reduced by the 

appropriations the NRC receives for 

these types of activities. If the NRC’s 

appropriations for these types of 

activities are greater than the budgeted 

resources for the activities included in 

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

for a given fiscal year, a negative feerelief adjustment (or annual fee 

reduction) will be allocated to annual 

fees. The activities comprising the FY 

2018 fee-relief adjustment are as 

follows: 

* * * * * 

■ 12. In § 171.17, revise paragraph (a) 

introductory text to read as follows: 

§ 171.17 Proration. 

* * * * * 

(a) Reactors, 10 CFR part 72 licensees 

who do not hold 10 CFR part 50 

licenses, and materials licenses with 

annual fees of $100,000 or greater for a 

single fee category. The NRC will base 

the proration of annual fees for 

terminated and downgraded licensees 

on the fee rule in effect at the time the 

action is official. The NRC will base the 

determinations on the proration 

requirements under paragraphs (a)(2) 

and (3) of this section. 

* * * * * 

Dated at Rockville, Maryland, this 10th day 

of January 2018. 

For the Nuclear Regulatory Commission. 

Maureen E. Wylie, 

Chief Financial Officer. 

[FR Doc. 2018–01065 Filed 1–24–18; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM17–13–000] 

Supply Chain Risk Management 

Reliability Standards 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

proposes to approve supply chain risk 

management Reliability Standards CIP– 

013–1 (Cyber Security—Supply Chain 

Risk Management), CIP–005–6 (Cyber 

Security—Electronic Security 

Perimeter(s)) and CIP–010–3 (Cyber 

Security—Configuration Change 

Management and Vulnerability 


sradovich on DSK3GMQ082PROD with PROPOSALS