This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

37197 

Vol. 87, No. 119 

Wednesday, June 22, 2022 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 170 and 171 

[NRC–2020–0031] 

RIN 3150–AK44 

Revision of Fee Schedules; Fee 

Recovery for Fiscal Year 2022 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending the 

licensing, inspection, special project, 

and annual fees charged to its 

applicants and licensees. These 

amendments are necessary to 

implement the Nuclear Energy 

Innovation and Modernization Act, 

which requires the NRC to recover, to 

the maximum extent practicable, 

approximately 100 percent of its annual 

budget less certain amounts excluded 

from this fee-recovery requirement. 

DATES: This final rule is effective on 

August 22, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2020–0031 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly-available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0031. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

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

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209 or 

301–415–4737, or by email to 

pdr.resource@nrc.gov. For the 

convenience of the reader, the ADAMS 

accession numbers are provided in the 

‘‘Availability of Documents’’ section of 

this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to pdr.resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. (ET), 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Rossi, Office of the Chief 

Financial Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

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

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background; Statutory Authority 

II. Discussion 

III. Public Comment Analysis 

IV. Public Comments and NRC Responses 

V. Regulatory Flexibility Certification 

VI. Regulatory Analysis 

VII. Backfitting and Issue Finality 

VIII. Plain Writing 

IX. National Environmental Policy Act 

X. Paperwork Reduction Act 

Public Protection Notification 

XI. Congressional Review Act 

XII. Voluntary Consensus Standards 

XIII. Availability of Guidance 

XIV. Availability of Documents 

I. Background; Statutory Authority 

The NRC’s fee regulations are 

primarily governed by two laws: (1) the 

Independent Offices Appropriation Act, 

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

the Nuclear Energy Innovation and 

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

2215). The IOAA authorizes and 

encourages Federal agencies to recover, 

to the fullest extent possible, costs 

attributable to services provided to 

identifiable recipients. Under NEIMA, 

the NRC must recover, to the maximum 

extent practicable, approximately 100 

percent of its annual budget, less the 

budget authority for excluded activities. 

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

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

Commission, generic homeland security 

activities, waste incidental to 

reprocessing activities, Nuclear Waste 

Fund activities, advanced reactor 

regulatory infrastructure activities, 

Inspector General services for the 

Defense Nuclear Facilities Safety Board, 

research and development at 

universities in areas relevant to the 

NRC’s mission, and a nuclear science 

and engineering grant program. 

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

activities identified by the Commission 

are consistent with prior fee rules and 

include Agreement State oversight, 

regulatory support to Agreement States, 

medical isotope production 

infrastructure, fee exemptions for nonprofit educational institutions, costs not 

recovered from small entities under 

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

Federal Regulations (10 CFR), generic 

decommissioning/reclamation activities, 

the NRC’s uranium recovery program 

and unregistered general licenses, 

potential U.S. Department of Defense 

Program Memorandum of 

Understanding activities (Military 

Radium-226), and non-military radium 

sites. In addition, the resources for 

import and export licensing are 

identified as a fee-relief activity to be 

excluded from the fee-recovery 

requirement. 

Under NEIMA, the NRC must use its 

IOAA authority first to collect service 

fees for NRC work that provides specific 

benefits to identifiable recipients (such 

as licensing work, inspections, and 

special projects). The NRC’s regulations 

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

Materials, Import and Export Licenses, 

and Other Regulatory Services Under 

the Atomic Energy Act of 1954, as 

Amended,’’ explain how the agency 

collects service fees from specific 

beneficiaries. Because the NRC’s fee 

recovery under the IOAA (10 CFR part 

170) will not equal 100 percent of the 

agency’s total budget authority for the 

fiscal year (less the budget authority for 

excluded activities), the NRC also 

assesses ‘‘annual fees’’ under 10 CFR 

part 171, ‘‘Annual Fees for Reactor 

Licenses and Fuel Cycle Licenses and 

Materials Licenses, Including Holders of 

Certificates of Compliance, 

Registrations, and Quality Assurance 

Program Approvals and Government 

Agencies Licensed by the NRC,’’ to 

recover the remaining amount necessary 

to comply with NEIMA. 


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II. Discussion 

FY 2022 Fee Collection—Overview 

The NRC is issuing this FY 2022 final 

fee rule based on the Consolidated 

Appropriations Act, 2022 (the enacted 

budget). The final fee rule reflects a total 

budget authority in the amount of 

$887.7 million, an increase of $43.3 

million from FY 2021. As explained 

previously, certain portions of the 

NRC’s total budget authority for the 

fiscal year are excluded from NEIMA’s 

fee-recovery requirement under Section 

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

2022 enacted budget, these exclusions 

total $131.0 million, an increase of $8.0 

million from FY 2021. These excluded 

activities consist of $91.5 million for 

fee-relief activities, $23.0 million for 

advanced reactor regulatory 

infrastructure activities, $14.3 million 

for generic homeland security activities, 

$1.0 million for waste incidental to 

reprocessing activities, and $1.2 million 

for Inspector General services for the 

Defense Nuclear Facilities Safety Board. 

Table I summarizes the excluded 

activities for the FY 2022 final fee rule. 

The FY 2021 amounts are provided for 

comparison purposes. 

TABLE I—EXCLUDED ACTIVITIES

[Dollars in millions] 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

Fee-Relief Activities: 

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

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

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

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

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

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

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

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

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

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

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

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

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

Reprocessing activities, and the Defense Nuclear Facilities Safety Board) ....................................................... 14.1 16.5 

Advanced reactor regulatory infrastructure activities .............................................................................................. 17.7 23.0 

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

After accounting for the exclusions 

from the fee-recovery requirement and 

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

invoices that the NRC estimates will not 

be paid during the fiscal year, less 

payments received in FY 2022 for prior 

year invoices), the NRC must recover 

approximately $752.7 million in fees in 

FY 2022. Of this amount, the NRC 

estimates that $198.8 million will be 

recovered through 10 CFR part 170 

service fees and approximately $553.9 

million will be recovered through 10 

CFR part 171 annual fees. Table II 

summarizes the fee-recovery amounts 

for the FY 2022 final fee rule using the 

FY 2022 enacted budget and takes into 

account the budget authority for 

excluded activities and net billing 

adjustments. For all information 

presented in the following tables, 

individual values may not sum to totals 

due to rounding. Please see the work 

papers, available as indicated in the 

‘‘Availability of Documents’’ section of 

this document, for actual amounts. 

In FY 2022, the explanatory statement 

associated with the Consolidated 

Appropriations Act, 2022 also included 

direction for the NRC to use $16.0 

million in prior-year unobligated 

carryover funds to fully fund the 

University Nuclear Leadership Program 

(UNLP). Consistent with the 

requirements of NEIMA, the NRC does 

not assess fees in the current fiscal year 

for any carryover funds because fees are 

calculated based on the budget authority 

enacted for the current fiscal year. Fees 

were already assessed in the fiscal year 

in which the carryover funds were 

appropriated. The FY 2021 amounts are 

provided for comparison purposes. 

TABLE II—BUDGET AND FEE RECOVERY AMOUNTS

[Dollars in millions] 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

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

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

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

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

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

Less Estimated Amount to be Recovered through 10 CFR Part 170 Fees ............................................. ¥190.6 ¥198.8 

Estimated Amount to be Recovered through 10 CFR Part 171 Fees ...................................................... 530.8 557.9 

10 CFR Part 171 Billing Adjustments: 


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37199 

TABLE II—BUDGET AND FEE RECOVERY AMOUNTS—Continued 

[Dollars in millions] 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

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

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

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

Less Payments Received in Current Year for Previous Year Invoices (estimated) ........................................ ¥12.8 ¥6.0 

Adjusted Amount to be Recovered through 10 CFR Parts 170 and 171 Fees ...................................................... 708.0 752.7 

Adjusted 10 CFR Part 171 Annual Fee Collections Required ................................................................................ 517.4 553.9 

FY 2022 Fee Collection—Professional 

Hourly Rate 

The NRC uses a professional hourly 

rate to assess fees under 10 CFR part 170 

for specific services it provides. The 

professional hourly rate also helps 

determine flat fees (which are used for 

the review of certain types of license 

applications). This rate is applicable to 

all activities for which fees are assessed 

under §§ 170.21 and 170.31. 

The NRC’s professional hourly rate is 

derived by adding budgeted resources 

for (1) mission-direct program salaries 

and benefits, (2) mission-indirect 

program support, and (3) agency 

support (corporate support and the 

Inspector General). The NRC then 

subtracts certain offsetting receipts and 

divides this total by the mission-direct 

full-time equivalent (FTE) converted to 

hours (the mission-direct FTE converted 

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

annual mission-direct FTE productive 

hours). The only budgeted resources 

excluded from the professional hourly 

rate are those for mission-direct contract 

resources, which are generally billed to 

licensees separately. The following 

shows the professional hourly rate 

calculation: 

For FY 2022, the NRC is increasing 

the professional hourly rate from $288 

to $290. The increase in the professional 

hourly rate is primarily due to the 

increase in budgetary resources of 

approximately $11.0 million. The 

increase in budgetary resources is, in 

turn, primarily due to an increase in 

salaries and benefits to support Federal 

pay raises for NRC employees. The 

anticipated increase in the number of 

mission-direct FTE compared to FY 

2021 is an offset to the increase in the 

professional hourly rate. The number of 

mission-direct FTE is expected to 

increase by 12, primarily to support new 

reactor licensing activities, including 

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

combined license (COL) applications. 

The FY 2022 estimate for annual 

mission-direct FTE productive hours is 

1,510 hours, which is unchanged from 

FY 2021. This estimate, also referred to 

as the ‘‘Productive Hours Assumption,’’ 

reflects the average number of hours 

that a mission-direct employee spends 

on mission-direct work in a given year. 

This estimate, therefore, excludes hours 

charged to annual leave, sick leave, 

holidays, training, and general 

administrative tasks. Table III shows the 

professional hourly rate calculation 

methodology. The FY 2021 amounts are 

provided for comparison purposes. 

TABLE III—PROFESSIONAL HOURLY RATE CALCULATION

[Dollars in millions, except as noted] 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

Mission-Direct Program Salaries & Benefits ........................................................................................................... $335.3 $349.3 

Mission-Indirect Program Support ........................................................................................................................... $113.2 $115.1 

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

Subtotal ............................................................................................................................................................. $732.2 $743.3 

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

Total Budgeted Resources Included in Professional Hourly Rate ................................................................... $732.2 $743.3 

Mission-Direct FTE .................................................................................................................................................. 1,684 1,696.1 

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

Mission-Direct FTE Converted to Hours (Mission-Direct FTE multiplied by Annual Mission-Direct FTE Productive Hours) ............................................................................................................................................................ 2,542,840 2,561,111 

Professional Hourly Rate (Total Budgeted Resources Included in Professional Hourly Rate Divided by MissionDirect FTE Converted to Hours) (Whole Numbers) ............................................................................................ $288 $290 


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Professional 

Hourly Rate 

= Budgeted Resources 

Mission-Direct FTE Converted to 

Hours 

= $743.3 million 

1,696.1 X 1,510 = $290 
37200 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

1The fees collected by the NRC for Freedom of 

Information Act (FOIA) services and indemnity fees 

(financial protection required of all licensees for 

public liability claims at 10 CFR part 140) are 

subtracted from the budgeted resources amount 

when calculating the 10 CFR part 170 professional 

hourly rate, per the guidance in the Office of 

Management and Budget Circular A–25, User 

Charges. The budgeted resources for FOIA activities 

are allocated under the product for Information 

Services within the Corporate Support business 

line. The budgeted resources for indemnity 

activities are allocated under the Licensing Actions 

and Research and Test Reactors products within the 

Operating Reactors business line. 

FY 2022 Fee Collection—Flat 

Application Fee Changes 

The NRC is amending the flat 

application fees it charges in its 

schedule of fees in §§ 170.21 and 170.31 

to reflect the revised professional hourly 

rate of $290. The NRC charges these fees 

to applicants for materials licenses and 

other regulatory services, as well as to 

holders of materials licenses. The NRC 

calculates these flat fees by multiplying 

the average professional staff hours 

needed to process the licensing actions 

by the professional hourly rate for FY 

2022. As part of its calculations, the 

NRC analyzes the actual hours spent 

performing licensing actions and 

estimates the five-year average 

professional staff hours needed to 

process licensing actions as part of its 

biennial review of fees. These actions 

are required by Section 205(a) of the 

Chief Financial Officers Act of 1990 (31 

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

this review in FY 2021 and will perform 

this review again in FY 2023. The 

higher professional hourly rate of $290 

is the primary reason for the increase in 

flat application fees (see the work 

papers). 

In order to simplify billing, the NRC 

rounds these flat fees to a minimal 

degree. Specifically, the NRC rounds 

these flat fees (up or down) in such a 

way that ensures both convenience for 

its stakeholders and minimal effects due 

to rounding. Accordingly, fees under 

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

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

rounded to the nearest $100, and fees 

greater than $100,000 are rounded to the 

nearest $1,000. 

The flat fees are applicable for certain 

materials licensing actions (see fee 

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

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

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

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

§ 170.31). Applications filed on or after 

the effective date of the FY 2022 final 

fee rule will be subject to the revised 

fees in the final rule. 

In accordance with NEIMA, in FY 

2022, the NRC identified international 

activities, including the resources for 

import and export licensing activities, 

as a fee-relief activity to be excluded 

from the fee-recoverable budget. The FY 

2021 final fee rule, published in the 

Federal Register (86 FR 32146; June 16, 

2021), provided for fees to be charged 

for import and export licensing actions, 

consistent with the FY 2021 budget 

request as further described in the 

NRC’s FY 2021 Congressional Budget 

Justification (CBJ) (NUREG–1100, 

Volume 36). However, charging fees 

under 10 CFR part 170 for import and 

export licensing actions during the 

effective dates of the FY 2021 final fee 

rule would be inconsistent with the 

Commission’s substantive fee policy 

decision in the FY 2022 CBJ (NUREG– 

1100, Volume 37) and would result in 

the NRC imposing fees for import and 

export licensing actions only once 

between FY 2018 and FY 2022. This 

would not be fair and equitable and 

could also lead to confusion for the 

affected import and export license 

applicants/licensees. Therefore, in light 

of the particular facts and unique 

history associated with this matter, on 

August 20, 2021, the Chief Financial 

Officer concluded that it would be in 

the public interest to grant an 

exemption from the provisions in the 

FY 2021 final fee rule (in §§ 170.21 and 

170.31) that would require fees for 

import and export licensing actions in 

accordance with § 170.11(b). In 

accordance with the Commission’s 

substantive fee policy decision for FY 

2022, fees will not be assessed for 

import and exporting licensing activities 

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

§ 170.21 and fee categories 15.A. 

through 15.R. of § 170.31) under this 

final rule. 

FY 2022 Fee Collection—Low-Level 

Waste Surcharge 

As in prior years, the NRC is assessing 

a generic low-level waste (LLW) 

surcharge of $4.250 million. Disposal of 

LLW occurs at commercially-operated 

LLW disposal facilities that are licensed 

by either the NRC or an Agreement 

State. Four existing LLW disposal 

facilities in the United States accept 

various types of LLW. All are located in 

Agreement States and, therefore, are 

regulated by an Agreement State, rather 

than the NRC. The NRC is allocating 

this surcharge to its licensees based on 

data available in the U.S. Department of 

Energy’s (DOE) Manifest Information 

Management System. This database 

contains information on total LLW 

volumes disposed of by four generator 

classes: academic, industrial, medical, 

and utility. The ratio of waste volumes 

disposed of by these generator classes to 

total LLW volumes disposed over a 

period of time is used to estimate the 

portion of this surcharge that will be 

allocated to the power reactors, fuel 

facilities, and the materials users fee 

classes. The materials users fee class 

portion is adjusted to account for the 

large percentage of materials licensees 

that are licensed by the Agreement 

States rather than the NRC. 

Table IV shows the allocation of the 

LLW surcharge and its allocation across 

the various fee classes. 

TABLE IV—ALLOCATION OF LLW SURCHARGE FY 2022 

[Dollars in millions] 

Fee classes 

LLW Surcharge 

Percent $ 

Operating Power Reactors ...................................................................................................................................... 88.4 3.757 

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

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

Fuel Facilities ........................................................................................................................................................... 9.2 0.391 

Materials Users ........................................................................................................................................................ 2.4 0.102 

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

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

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

Total .................................................................................................................................................................. 100.0 4.250 


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FY 2022 Fee Collection—Revised 

Annual Fees 

In accordance with SECY–05–0164, 

‘‘Annual Fee Calculation Method,’’ the 

NRC rebaselines its annual fees every 

year. Rebaselining entails analyzing the 

budget in detail and then allocating the 

FY 2022 budgeted resources to various 

classes or subclasses of licensees. It also 

includes updating the number of NRC 

licensees in its fee calculation 

methodology. 

The NRC is revising its annual fees in 

§§ 171.15 and 171.16 to recover 

approximately 100 percent of the NRC’s 

FY 2022 enacted budget (less the budget 

authority for excluded activities and the 

estimated amount to be recovered 

through 10 CFR part 170 fees). Table V 

shows the rebaselined fees for FY 2022 

for a sample of licensee categories. The 

FY 2021 amounts are provided for 

comparison purposes. 

TABLE V—REBASELINED ANNUAL FEES

[Actual dollars] 

Class/category of licenses 

FY 2021 

final annual 

fee 

FY 2022 

final annual 

fee 

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

+ Spent Fuel Storage/Reactor Decommissioning ................................................................................................... 237,000 $227,000 

Total, Combined Fee ........................................................................................................................................ $4,986,000 $5,392,000 

Spent Fuel Storage/Reactor Decommissioning ...................................................................................................... $237,000 $227,000 

Non-Power Production or Utilization Facilities ........................................................................................................ $80,000 $90,100 

High Enriched Uranium Fuel Facility (Category 1.A.(1)(a)) .................................................................................... $4,643,000 $4,334,000 

Low Enriched Uranium Fuel Facility (Category 1.A.(1)(b)) ..................................................................................... $1,573,000 $1,469,000 

Uranium Enrichment (Category 1.E) ....................................................................................................................... $2,023,000 $1,888,000 

UF6 Conversion and Deconversion Facility (Category 2.A.(1) ............................................................................... $467,000 $436,000 

Basic In Situ Recovery Facilities (Category 2.A.(2)(b)) .......................................................................................... $47,200 $42,000 

Typical Users: 

Radiographers (Category 3O) .......................................................................................................................... $29,100 $29,600 

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

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

Device/Product Safety Evaluation—Broad (Category 9A) ............................................................................... $17,900 $18,100 

The work papers that support this 

final rule show in detail how the NRC 

allocates the budgeted resources for 

each class of licensees and calculates 

the fees. 

Paragraphs a. through h. of this 

section describe the budgeted resources 

allocated to each class of licensees and 

the calculations of the rebaselined fees. 

For more information about detailed fee 

calculations for each class, please 

consult the accompanying work papers 

for this final rule. 

a. Operating Power Reactors 

The NRC will collect $480.3 million 

in annual fees from the operating power 

reactors fee class in FY 2022, as shown 

in Table VI. The FY 2021 operating 

power reactors fees are shown for 

comparison purposes. 

TABLE VI—ANNUAL FEE SUMMARY CALCULATIONS FOR OPERATING POWER REACTORS

[Dollars in millions] 

Summary fee calculations 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

Total budgeted resources ........................................................................................................................................ $611.8 $645.4 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥161.6 ¥165.8 

Net 10 CFR part 171 resources ....................................................................................................................... 450.2 479.6 

Allocated generic transportation .............................................................................................................................. 0.3 0.4 

Allocated LLW surcharge ........................................................................................................................................ 2.9 3.8 

Billing adjustment ..................................................................................................................................................... ¥9.1 ¥3.4 

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

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

Total required annual fee recovery .................................................................................................................. 441.7 480.3 

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

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

In comparison to FY 2021, the FY 

2022 annual fee for the operating power 

reactors fee class is increasing primarily 

due to the following: (1) an increase in 

budgeted resources; (2) a reduction of 

the 10 CFR part 171 billing adjustment; 

and (3) the absence of the collection 

adjustment that was provided in FY 

2021 due to the shutdown of Indian 

Point Generating, Unit 3. The increase 

in the annual fee for the operating 

power reactors fee class is partially 

offset due to the increase in the 10 CFR 

part 170 estimated billings. These 

components are discussed in the 

following paragraphs. 

The budgeted resources for the 

operating power reactors fee class 

increased primarily due to the 

following: (1) an increase in contract 

funding in the information technology 


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program to support the Mission 

Analytics Portal (a tool to enhance the 

agency’s ability to leverage data to 

support mission activities), to develop 

infrastructure to increase analytics 

capabilities using artificial intelligence, 

and to develop mobile applications for 

resident inspectors; (2) event response 

activities to support the NRC’s 

continuity of operations program and 

emergency plan guidance development; 

(3) an increase in certain contract costs 

in the areas of research, event response, 

and licensing due to the absence of 

authorized prior year unobligated 

carryover funding compared to FY 2021; 

(4) new reactor licensing activities for 

the review of the Westinghouse eVinci 

micro reactor design certification, the 

review of the NuScale Power, LLC 

standard design approval application, 

and pre-application activities; and (5) 

pre-application activities for the Utah 

Associated Municipal Power Systems 

application. The new reactor resources 

are offset by a decrease in oversight 

resulting from the anticipated transition 

of Vogtle Electric Generating Plant, 

Units 3 and 4 (Vogtle Units 3 and 4), 

from construction into operation. 

The annual fee is also increasing due 

to the following contributing factors: (1) 

a lower 10 CFR part 171 billing 

adjustment credit than was included in 

the operating power reactors fee class 

calculation in FY 2021 from the deferral 

of annual fees and service fees due to 

the coronavirus disease (COVID–19) 

pandemic; (2) the absence of the onetime current year collection adjustment 

that resulted in a credit of $2,700,000 

due to the shutdown of Indian Point 

Nuclear Generating, Unit 3, in FY 2021; 

and (3) the increase in the LLW 

surcharge due to additional resources 

required to support the greater-thanClass C rulemaking for LLW case-bycase reviews (10 CFR part 61). 

The increase in the annual fee for the 

operating power reactors fee class is 

offset due to an increase in the 10 CFR 

part 170 estimated billings as a result of 

the following: (1) an anticipated rise in 

in-person inspections and travel as 

COVID–19 impacts become less 

prominent; (2) an increase in operating 

reactor license renewal applications; 

and (3) construction inspection and 

licensing for Vogtle Units 3 and 4. The 

increase in 10 CFR part 170 estimated 

billings is partially offset by a decrease 

in work due to the following: (1) the 

NRC’s denial of the Oklo Power, LLC 

COL application to build and operate 

the Aurora compact fast reactor; (2) 

delayed submittals for new reactor 

design and licensing applications; and 

(3) fewer than anticipated hours 

associated with operating reactor 

licensing activities. 

The number of operating power 

reactors has changed since publication 

of the proposed rule. In the proposed 

rule, the NRC assumed that there would 

be an increase in the total number of 

operating power reactors from 93 to 94 

due to the proposed assessment of 

annual fees for Vogtle Unit 3. As stated 

in the FY 2023 CBJ (NUREG–1100, 

Volume 38), Southern Nuclear 

Operating Company has extended its 

construction milestones in its semiannual filing to state regulators. At that 

time, the utility updated the target for 

Vogtle Unit 3’s transition to operations 

to April 2022, acknowledging a possible 

extension to July 2022. Since the 

licensee has not notified the NRC of 

successful completion of power 

ascension testing for Vogtle Unit 3 

pursuant to § 171.15, this final rule has 

been updated to reflect 93, rather than 

94, licensed operating power reactors, 

resulting in an annual fee of $5,165,000 

per reactor. Additionally, each licensed 

operating power reactor will be assessed 

the FY 2022 spent fuel storage/reactor 

decommissioning annual fee of 

$227,000 (see Table VII and the 

discussion that follows). The combined 

FY 2022 annual fee for each operating 

power reactor is $5,392,000. 

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

established a new cap for the annual 

fees charged to operating reactor 

licensees; under this provision, the 

annual fee for an operating reactor 

licensee, to the maximum extent 

practicable, shall not exceed the annual 

fee amount per operating reactor 

licensee established in the FY 2015 final 

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

adjusted for inflation. The NRC 

included an estimate of the operating 

power reactors annual fee in Appendix 

C, ‘‘Estimated Operating Power Reactors 

Annual Fee,’’ in the FY 2022 CBJ, with 

the intent to increase transparency with 

stakeholders. The NRC developed this 

estimate based on the staff’s allocation 

of the FY 2022 CBJ to fee classes under 

10 CFR part 170, and allocations within 

the operating power reactors fee class 

under 10 CFR part 171. In addition, the 

estimated annual fee assumed 94 

operating power reactors to account for 

Vogtle Unit 3 in FY 2022 and applied 

various data assumptions from the FY 

2021 final fee rule (86 FR 32146; June 

16, 2021). Based on these allocations 

and assumptions, the operating power 

reactor annual fee included in the FY 

2022 CBJ was estimated to be $4.8 

million, approximately $0.6 million 

below the FY 2015 operating power 

reactors annual fee amount adjusted for 

inflation of $5.5 million. Although the 

FY 2022 CBJ included the estimated 

operating power reactors annual fee, the 

assumptions made between budget 

formulation and the development of the 

FY 2022 final rule have changed, 

including the change in the number of 

operating power reactors from 94 to 93. 

However, the FY 2022 annual fee of 

$5,165,000 remains below the FY 2015 

operating power reactors annual fee 

amount adjusted for inflation. 

In FY 2016, the NRC amended its 

licensing, inspection, and annual fee 

regulations to establish a variable 

annual fee structure for light-water 

SMRs (81 FR 32617). Under the variable 

annual fee structure, an SMR annual fee 

would be assessed as a function of its 

bundled licensed thermal power rating. 

Currently, there are no operating SMRs; 

therefore, the NRC will not assess an 

annual fee in FY 2022 for this type of 

licensee. 

b. Spent Fuel Storage/Reactor 

Decommissioning 

The NRC will collect $27.7 million in 

annual fees from 10 CFR part 50 power 

reactor licensees, and from 10 CFR part 

72 licensees that do not hold a 10 CFR 

part 50 license, to recover the budgeted 

resources for the spent fuel storage/ 

reactor decommissioning fee class in FY 

2022, as shown in Table VII. The FY 

2021 spent fuel storage/reactor 

decommissioning fees are shown for 

comparison purposes. 


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

[Dollars in millions] 

Summary fee calculations 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

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

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

Net 10 CFR part 171 resources ....................................................................................................................... 28.4 26.6 

Allocated generic transportation costs .................................................................................................................... 1.1 1.3 

Billing adjustments ................................................................................................................................................... ¥0.6 ¥0.2 

Total required annual fee recovery .................................................................................................................. 28.9 27.7 

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

Annual fee per facility ....................................................................................................................................... $0.237 $0.227 

In comparison to FY 2021, the FY 

2022 annual fee for the spent fuel 

storage/reactor decommissioning fee 

class is decreasing primarily due to a 

decrease in budgeted resources. The 

decrease in the annual fee is partially 

offset due to (1) a reduction of the 10 

CFR part 171 billing adjustment and (2) 

an increase in the generic transportation 

resources compared to FY 2021. 

Furthermore, the net result of changes 

in 10 CFR part 170 estimated billings 

resulted in no change compared to FY 

2021. These components are discussed 

in the following paragraphs. 

The decrease in the annual fee for the 

spent fuel storage/reactor 

decommissioning fee class is primarily 

due to a decline in the budgeted 

resources with changes in workload 

from the completion of the license 

application reviews for the consolidated 

interim storage facilities and renewals 

for independent spent fuel storage 

installation (ISFSI) licenses. The 

decrease in the budgeted resources is 

offset by an increase in contract costs 

due to the absence of prior year 

unobligated carryover funding 

compared to FY 2021. 

The decrease in the annual fee is 

offset by the following: (1) a lower 10 

CFR part 171 billing adjustment credit 

than was included in the spent fuel 

storage/reactor decommissioning fee 

class calculation in FY 2021 from the 

deferral of annual fees and service fees 

due to the COVID–19 pandemic; and (2) 

an increase in generic transportation 

resources allocated to the fee class due 

to an increase in the number of 

certificates of compliance (CoCs). 

Furthermore, the net result of changes 

in 10 CFR part 170 estimated billings 

resulted in no change compared to FY 

2021. Compared to FY 2021, the 10 CFR 

part 170 estimates increased primarily 

due to the following: (1) the staff’s 

activities within the reactor 

decommissioning program to support 

Indian Point Generating Unit 2’s 

transition to decommissioning, the 

staff’s review of a license transfer 

application for Kewaunee Power 

Station, and the review of 

decommissioning license amendment 

requests, exemption requests, license 

termination plans, confirmatory 

surveys, and inspection activities at 

multiple sites; (2) inspection activities, 

exemption requests, and financial 

assurance reviews for ISFSI licenses and 

dry cask storage CoCs; and (3) the staff’s 

review of a new fuel storage system. The 

10 CFR part 170 estimates decreased 

primarily due to the following: (1) a 

reduction in hours and contract support 

associated with the staff’s review of 

applications for renewals and 

amendments for ISFSI licenses and dry 

cask storage CoCs; (2) the completion of 

the review of the Interim Storage 

Partners consolidated interim storage 

facility application and issuance of the 

license; and (3) the near completion of 

the staff’s review of the Holtec HI– 

STORE consolidated interim storage 

facility application. 

The required annual fee recovery 

amount is divided equally among 122 

licensees, resulting in a FY 2022 annual 

fee of $227,000 per licensee. 

c. Fuel Facilities 

The NRC will collect $16.4 million in 

annual fees from the fuel facilities fee 

class in FY 2022, as shown in Table 

VIII. The FY 2021 fuel facilities fees are 

shown for comparison purposes. 

TABLE VIII—ANNUAL FEE SUMMARY CALCULATIONS FOR FUEL FACILITIES

[Dollars in millions] 

Summary fee calculations 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

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

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥7.3 ¥8.0 

Net 10 CFR part 171 resources ....................................................................................................................... 16.0 14.4 

Allocated generic transportation .............................................................................................................................. 1.5 1.7 

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

Billing adjustments ................................................................................................................................................... ¥0.4 ¥0.1 

Total remaining required annual fee recovery ........................................................................................................ $17.5 $16.4 

In comparison to FY 2021, the FY 

2022 annual fee for the fuel facilities fee 

class is decreasing primarily due to the 

decrease in budgeted resources and the 

increase in 10 CFR part 170 estimated 

billings as discussed in the following 

paragraphs. 

The budgeted resources for the fuel 

facilities fee class decreased primarily 

due to the following: (1) efficiencies 

gained as a result of implemented 


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enhancements to the licensing program 

and (2) enhancements made to the fuel 

facility oversight program through the 

implementation of the smarter 

inspection program. 

The 10 CFR part 170 estimated 

billings increased primarily to support 

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

new fuel facility license application for 

TRISO–X and (2) the staff’s continued 

review of the Westinghouse Electric 

Company, LLC license renewal 

application. 

The NRC will continue allocating 

annual fees to individual fuel facility 

licensees based on the effort/fee 

determination matrix developed in the 

FY 1999 final fee rule (64 FR 31447; 

June 10, 1999). To briefly recap, the 

matrix groups licensees within this fee 

class into various fee categories. The 

matrix lists processes that are conducted 

at licensed sites and assigns effort 

factors for the safety and safeguards 

activities associated with each process 

(these effort factors are reflected in 

Table IX). The annual fees are then 

distributed across the fee class based on 

the regulatory effort assigned by the 

matrix. The effort factors in the matrix 

represent regulatory effort that is not 

recovered through 10 CFR part 170 fees 

(e.g., rulemaking, guidance). Regulatory 

effort for activities that are subject to 10 

CFR part 170 fees, such as the number 

of inspections, is not applicable to the 

effort factor. 

TABLE IX—EFFORT FACTORS FOR FUEL FACILITIES, FY 2022 

Facility type (fee category) Number of 

facilities 

Effort factors 

Safety Safeguards 

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

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

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

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

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

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

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

In FY 2022, the total remaining 

amount of annual fees to be recovered, 

$16.4 million, is attributable to safety 

activities, safeguards activities, and the 

LLW surcharge. For FY 2022, the total 

budgeted resources to be recovered as 

annual fees for safety activities are $8.7 

million. To calculate the annual fee, the 

NRC allocates this amount to each fee 

category based on its percentage of the 

total regulatory effort for safety 

activities. Similarly, the NRC allocates 

the budgeted resources to be recovered 

as annual fees for safeguards activities, 

$7.3 million, to each fee category based 

on its percentage of the total regulatory 

effort for safeguards activities. Finally, 

the fuel facilities fee class portion of the 

LLW surcharge—$0.4 million—is 

allocated to each fee category based on 

its percentage of the total regulatory 

effort for both safety and safeguards 

activities. The annual fee per licensee is 

then calculated by dividing the total 

allocated budgeted resources for the fee 

category by the number of licensees in 

that fee category. The annual fee for 

each facility is summarized in Table X. 

TABLE X—ANNUAL FEES FOR FUEL FACILITIES

[Actual dollars] 

Facility type (fee category) 

FY 2021 

final 

annual fee 

FY 2022 

final 

annual fee 

High-Enriched Uranium Fuel (1.A.(1)(a)) ................................................................................................................ $4,643,000 $4,334,000 

Low-Enriched Uranium Fuel (1.A.(1)(b)) ................................................................................................................. 1,573,000 1,469,000 

Facilities with limited operations (1.A.(2)(a)) ........................................................................................................... 1,037,000 968,000 

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

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

Uranium Enrichment (1.E.) ...................................................................................................................................... 2,023,000 1,888,000 

UF6 Conversion and Deconversion (2.A.(1)) .......................................................................................................... 467,000 436,000 

d. Uranium Recovery Facilities 

The NRC will collect $0.3 million in 

annual fees from the uranium recovery 

facilities fee class in FY 2022, as shown 

in Table XI. The FY 2021 uranium 

recovery facilities fees are shown for 

comparison purposes. 

TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES

[Dollars in millions] 

Summary fee calculations 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

Total budgeted resources ........................................................................................................................................ $0.5 $0.9 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥0.3 ¥0.6 

Net 10 CFR part 171 resources ....................................................................................................................... 0.2 0.3 


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2Congress established the two programs, Title I 

and Title II, under UMTRCA to protect the public 

and the environment from hazards associated with 

uranium milling. The UMTRCA Title I program is 

for remedial action at abandoned mill tailings sites 

where tailings resulted largely from production of 

uranium for weapons programs. The NRC also 

regulates DOE’s UMTRCA Title II program, which 

is directed toward uranium mill sites licensed by 

the NRC or Agreement States in or after 1978. 

TABLE XI—ANNUAL FEE SUMMARY CALCULATIONS FOR URANIUM RECOVERY FACILITIES—Continued 

[Dollars in millions] 

Summary fee calculations 

FY 2021 

final 

rule 

FY 2022 

final 

rule 

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

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

Total required annual fee recovery ......................................................................................................................... $0.2 $0.3 

In comparison to FY 2021, the FY 

2022 annual fee for the non-DOE 

licensee in the uranium recovery 

facilities fee class is decreasing due to 

an increase in 10 CFR part 170 

estimated billings to support an increase 

in casework for Crow Butte Resources, 

Inc. (CBR) related to the Atomic Safety 

and Licensing Board decision on the 

NRC staff’s National Environmental 

Review Act and National Historic 

Preservation Act reviews for CBR’s 2014 

license renewal. 

The NRC regulates DOE’s Title I and 

Title II activities under the Uranium 

Mill Tailings Radiation Control Act 

(UMTRCA).2 The annual fee assessed to 

DOE includes the resources specifically 

budgeted for the NRC’s UMTRCA Title 

I and Title II activities, as well as 10 

percent of the remaining budgeted 

resources for this fee class. The NRC 

described the overall methodology for 

determining fees for UMTRCA in the FY 

2002 fee rule (67 FR 42625; June 24, 

2002), and the NRC continues to use 

this methodology. 

The DOE’s UMTRCA annual fee is 

increasing compared to FY 2021 

primarily due to an increase in 

budgetary resources attributed to 

generic work that staff will be 

performing to resolve issues associated 

with the transfer of NRC and Agreement 

State uranium mill tailings sites to the 

DOE for long-term surveillance and 

maintenance. The increase in the annual 

fee is offset by an increase in the 10 CFR 

part 170 estimated billings for the 

anticipated workload increases at 

various DOE UMTRCA sites. The NRC 

assesses the remaining 90 percent of its 

budgeted resources to the remaining 

licensee in this fee class, as described in 

the work papers, which is reflected in 

Table XII. 

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

[Actual dollars] 

Summary of costs 

FY 2021 

final 

annual fee 

FY 2022 

final 

annual fee 

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

UMTRCA Title I and Title II budgeted resources less 10 CFR part 170 receipts ........................................... $111,536 $206,441 

10 percent of generic/other uranium recovery budgeted resources ................................................................ 5,241 4,665 

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

Total Annual Fee Amount for DOE (rounded) .......................................................................................... $117,000 $211,000 

Annual Fee Amount for Other Uranium Recovery Licenses: 

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

for UMTRCA Title I and Title II activities ...................................................................................................... $47,166 $41,986 

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

Total Annual Fee Amount for Other Uranium Recovery Licenses ........................................................... $47,166 $41,986 

Further, for any non-DOE licensees, 

the NRC will continue using a matrix to 

determine the effort levels associated 

with conducting generic regulatory 

actions for the different licensees in the 

uranium recovery facilities fee class; 

this is similar to the NRC’s approach for 

fuel facilities, described previously. The 

matrix methodology for uranium 

recovery licensees first identifies the 

licensee categories included within this 

fee class (excluding DOE). These 

categories are: conventional uranium 

mills and heap leach facilities, uranium 

in situ recovery (ISR) and resin ISR 

facilities, and mill tailings disposal 

facilities. The matrix identifies the types 

of operating activities that support and 

benefit these licensees, along with each 

activity’s relative weight (see the work 

papers). Currently, there is only one 

remaining non-DOE licensee, which is a 

basic in situ recovery facility. Table XIII 

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


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

for the ‘‘allocated generic transportation’’ and 

‘‘billing adjustments’’ calculations were adjusted to 

the thousandths place instead of the correct ten 

thousandths place. There was no impact to the 

overall calculation for the FY 2021 final fee rule. 

The revised dollar amounts for FY 2021 are shown 

here to align with the rest of Table XV and provide 

a clearer comparison to the FY 2022 fees. 

TABLE XIII—BENEFIT FACTORS FOR URANIUM RECOVERY LICENSES

Fee category 

Number 

of 

licensees 

Benefit 

factor 

per 

licensee 

Total 

value 

Benefit 

factor 

percent 

total 

Conventional and Heap Leach mills (2.A.(2)(a)) ............................................. 0 0 0 0 

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

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

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

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

The FY 2022 annual fee for the 

remaining non-DOE licensee is 

calculated by allocating 100 percent of 

the budgeted resources, as summarized 

in Table XIV. 

TABLE XIV—ANNUAL FEES FOR URANIUM RECOVERY LICENSEES

[Other than DOE] 

[Actual dollars] 

Facility type 

(fee category) 

FY 2021 final 

annual fee 

FY 2022 final 

annual fee 

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

Basic In Situ Recovery facilities (2.A.(2)(b)) ........................................................................................................... $47,200 $42,000 

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

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

e. Non-Power Production or Utilization 

Facilities 

The NRC will collect $0.270 million 

in annual fees from the non-power 

production or utilization facilities fee 

class in FY 2022, as shown in Table XV. 

The FY 2021 non-power production or 

utilization facilities fees are shown for 

comparison purposes. 

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

[Actual dollars] 

Summary fee calculations FY 2021 final 

rule 

FY 2022 final 

rule 

Total budgeted resources ........................................................................................................................................ $2,896,754 $6,071,559 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥2,576,000 ¥5,804,000 

Net 10 CFR part 171 resources ....................................................................................................................... 320,754 267,559 

Allocated generic transportation 3 ............................................................................................................................ 43,302 35,232 

Billing adjustments 3 ................................................................................................................................................. ¥43,915 ¥32,485 

Total required annual fee recovery .................................................................................................................. 320,141 270,306 

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

Total annual fee per license (rounded) ..................................................................................................... $80,000 $90,100 

In comparison to FY 2021, the FY 

2022 annual fee for the non-power 

production or utilization facilities fee 

class is increasing, primarily because of 

the decrease of non-power production 

or utilization facilities from four to three 

as a result of the transition of the 

Aerotest Radiography and Research 

Reactor to decommissioning. 

In FY 2022, the budgetary resources 

for the non-power production or 

utilization facilities fee class are 

primarily increasing because of an 

increase in workload associated with 

medical isotope production facilities 

and advanced research and test reactors. 

In addition, the 10 CFR part 170 

estimated billings with respect to the 

medical isotope production facilities 

and advanced research and test reactors 

are increasing primarily due to the 

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

operating license application for SHINE 

Medical Technologies, LLC and 

construction inspection activities; (2) 

the staff’s review of the Kairos Power 

application for a permit to construct a 

test reactor; and (3) an increase in preapplication meetings due to the 

anticipated submission of several 

license applications. The 10 CFR part 

170 estimated billings associated with 

the current fleet of operating non-power 

production or utilization facilities 

licensees subject to annual fees are 

increasing to support activities 

associated with the special team 


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inspection and the staff’s review of a 

complex license amendment associated 

with the restart of the National Institute 

of Standards and Technology Neutron 

Reactor. 

The annual fee-recovery amount is 

divided equally among the three nonpower production or utilization 

facilities licensees subject to annual fees 

and results in an FY 2022 annual fee of 

$90,100 for each licensee. 

f. Rare Earth 

The agency received an application 

for a rare earth facility and in FY 2022, 

the NRC has allocated approximately 

$0.2 million in budgeted resources to 

this fee class; however, because all the 

budgetary resources will be recovered 

through service fees assessed under 10 

CFR part 170, the NRC is not assessing 

and collecting annual fees in FY 2022 

for this fee class. 

g. Materials Users 

The NRC will collect $34.8 million in 

annual fees from materials users 

licensed under 10 CFR parts 30, 40, and 

70 in FY 2022, as shown in Table XVI. 

The FY 2021 materials users fees are 

shown for comparison purposes. 

TABLE XVI—ANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS

[Dollars in millions] 

Summary fee calculations FY 2021 final 

rule 

FY 2022 final 

rule 

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

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

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

Allocated generic transportation .............................................................................................................................. 1.5 1.7 

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

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

Total required annual fee recovery .................................................................................................................. $35.3 $34.8 

The formula for calculating 10 CFR 

part 171 annual fees for the various 

categories of materials users is described 

in detail in the work papers. Generally, 

the calculation results in a single annual 

fee that includes 10 CFR part 170 costs, 

such as amendments, renewals, 

inspections, and other licensing actions 

specific to individual fee categories. 

The total annual fee recovery of $34.8 

million for FY 2022 shown in Table XVI 

consists of $27.0 million for general 

costs, $7.7 million for inspection costs, 

and $0.1 million for LLW costs. To 

equitably and fairly allocate the $34.8 

million required to be collected among 

approximately 2,466 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 is the methodology for 

allocating the generic and other 

regulatory costs to the diverse fee 

categories. This fee calculation method 

also considers the inspection frequency 

(priority), which is indicative of the 

safety risk and resulting regulatory costs 

associated with the categories of 

licenses. 

In comparison to FY 2021, the FY 

2022 annual fees are increasing for 47 

fee categories within the materials users 

fee class primarily due to the following: 

(1) an increase in the budgeted 

resources for inspections activities 

compared to the FY 2021 biennial 

review of inspection hours; (2) a decline 

in 10 CFR part 170 estimated billings; 

(3) an increase in generic transportation 

costs for materials users; and (4) a 

decrease of materials users licensees 

from FY 2021. 

A constant multiplier is established to 

recover the total general costs (including 

allocated generic transportation costs) of 

$27.0 million. To derive the constant 

multiplier, the general cost amount is 

divided by the sum of all fee categories 

(application fee plus the inspection fee 

divided by inspection priority) then 

multiplied by the number of licensees. 

This calculation results in a constant 

multiplier of 1.0 for FY 2022. The 

average inspection cost is the average 

inspection hours for each fee category 

multiplied by the professional hourly 

rate of $290. The inspection priority is 

the interval between routine 

inspections, expressed in years. The 

inspection multiplier is established in 

order to recover the $7.7 million in 

inspection costs. To derive the 

inspection multiplier, the inspection 

costs amount is divided by the sum of 

all fee categories (inspection fee divided 

by inspection priority) then multiplied 

by the number of licensees. This 

calculation results in an inspection 

multiplier of 1.46 for FY 2022. The 

unique category costs are any special 

costs that the NRC has budgeted for a 

specific category of licenses. Please see 

the work papers for more detail about 

this classification. 

The annual fee being assessed to each 

licensee also takes into account a share 

of approximately $0.1 million in LLW 

surcharge costs allocated to the 

materials users fee class (see Table IV, 

‘‘Allocation of LLW Surcharge, FY 

2022,’’ in Section III, ‘‘Discussion,’’ of 

this document). The annual fee for each 

fee category is shown in the revision to 

§ 171.16(d). 

h. Transportation 

The NRC will collect $1.5 million in 

annual fees to recover generic 

transportation budgeted resources in FY 

2022, as shown in Table XVII. The FY 

2021 fees are shown for comparison 

purposes. 

TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION

[Dollars in millions] 

Summary fee calculations FY 2021 final 

rule 

FY 2022 final 

rule 

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


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TABLE XVII—ANNUAL FEE SUMMARY CALCULATIONS FOR TRANSPORTATION—Continued 

[Dollars in millions] 

Summary fee calculations FY 2021 final 

rule 

FY 2022 final 

rule 

Less estimated 10 CFR part 170 receipts .............................................................................................................. ¥2.3 ¥3.4 

Net 10 CFR part 171 resources ....................................................................................................................... 5.9 6.8 

Less generic transportation resources .................................................................................................................... ¥4.5 ¥5.3 

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

Total required annual fee recovery .................................................................................................................. $1.4 $1.5 

In comparison to FY 2021, the FY 

2022 annual fee for the transportation 

fee class is increasing primarily due to 

an increase in the budgeted resources 

offset by the following: (1) an increase 

in the 10 CFR part 170 estimated 

billings and (2) generic transportation 

resources allocated to other fee classes. 

In FY 2022, the budgetary resources 

increased primarily to support the 

following: (1) the staff’s review of 

transportation package applications 

(including the reviews of accident 

tolerant fuels (ATF)); (2) research 

activities and the development of 

technical bases for the review of 

transportation packages loaded with 

batch quantities of fresh ATF; and (3) an 

increase in certain contract costs due to 

the absence of prior year unobligated 

carryover funding compared to FY 2021. 

The increase in the annual fee is offset 

by an increase in 10 CFR part 170 

estimated billings related to the review 

of new amendment packages and 

generic transportation resources 

allocated to respective fee classes due to 

an increase in the number of CoCs. 

Consistent with the policy established 

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

FR 30721; May 30, 2006), the NRC 

recovers generic transportation costs 

unrelated to DOE by including those 

costs in the annual fees for licensee fee 

classes. The NRC continues to assess a 

separate annual fee under § 171.16, fee 

category 18.A., for DOE transportation 

activities. The amount of the allocated 

generic resources is calculated by 

multiplying the percentage of total CoCs 

used by each fee class (and DOE) by the 

total generic transportation resources to 

be recovered. 

This resource distribution to the 

licensee fee classes and DOE is shown 

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

facilities fee class, the NRC allocates the 

distribution to only those licensees that 

are subject to annual fees. Although five 

CoCs benefit the entire non-power 

production or utilization facilities fee 

class, only three out of 31 non-power 

production or utilization facilities 

licensees are subject to annual fees. 

Consequently, the number of CoCs used 

to determine the proportion of generic 

transportation resources allocated to 

annual fees for the non-power 

production or utilization facilities fee 

class has been adjusted to 0.5 so these 

licensees are charged a fair and 

equitable portion of the total fees (see 

the work papers). 

TABLE XVIII—DISTRIBUTION OF TRANSPORTATION RESOURCES, FY 2022 

[Dollars in millions] 

Licensee fee class/DOE 

Number of 

CoCs benefiting the fee 

classes or 

DOE 

Percentage of 

total CoCs 

Allocated 

generic 

transportation 

resources 

Materials Users ............................................................................................................................ 24.0 25.7 $1.7 

Operating Power Reactors .......................................................................................................... 6.0 6.4 0.4 

Spent Fuel Storage/Reactor Decommissioning .......................................................................... 18.0 19.3 1.3 

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

Fuel Facilities ............................................................................................................................... 24.0 25.7 1.7 

Sub-Total of Generic Transportation Resources ......................................................................... 72.5 77.5 5.3 

DOE ............................................................................................................................................. 21.0 22.5 1.5 

Total ...................................................................................................................................... 93.5 100.0 6.8 

The NRC assesses an annual fee to 

DOE based on the 10 CFR part 71 CoCs 

it holds. The NRC, therefore, does not 

allocate these DOE-related resources to 

other licensees’ annual fees because 

these resources specifically support 

DOE. 

FY 2022—Policy Changes 

The NRC is not making any policy 

changes in FY 2022. 

FY 2022—Administrative Changes 

The NRC is making five 

administrative changes in FY 2022: 

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

deleting the definition for the phrase 

review is completed and incorporating 

language from the definition into 

§ 170.12(b)(3). 

The NRC is amending § 170.3 by 

removing the undesignated paragraph 

that includes the definition for the 

phrase review is completed and 

incorporating language from the 

paragraph into § 170.12(b)(3). The 

paragraph containing the definition is 

unnecessary in 10 CFR part 170 because 

this phrase is only referenced one time. 

This amendment will not impact the 

NRC’s assessment of 10 CFR part 170 

service fees. 

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

clarifying exemption requirements. 

The NRC is amending paragraph 

(a)(1)(i) by replacing the word ‘‘that’’ 

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


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consistency with the use of the latter 

phrase in the introductory text of 

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

amending paragraph (c) by replacing the 

word ‘‘work’’ with ‘‘request/report’’ for 

consistency with paragraph (a)(1) and to 

avoid any potential ambiguity about 

what is considered the ‘‘work’’ for 

purposes of the 90-day period in which 

the fee exemption must be submitted to 

the NRC’s Chief Financial Officer. 

The NRC is also amending 

§ 170.11(a)(1)(ii) by retaining the 

‘‘generic regulatory improvements’’ 

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

moving ‘‘Office Director level or above,’’ 

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

changes clarify that the Chief Financial 

Officer may grant an exemption when 

the review of a request/report, at the 

time it is submitted, would ‘‘assist the 

NRC in generic regulatory 

improvements or efforts,’’ even if there 

is no ‘‘request from the Office Director 

level or above’’ to resolve ‘‘an identified 

safety, safeguards, or environmental 

issue.’’ 

Finally, the NRC is moving paragraph 

(a)(13) on CFO communications to a 

new paragraph (d) because this is not an 

exemption category but rather a separate 

requirement applicable to all fee 

exemption requests under 10 CFR part 

170. 

These amendments to § 170.11 do not 

change the NRC’s fee exemption policy. 

3. Amend § 170.12(f), ‘‘Method of 

payment,’’ by clarifying the types of 

payments, updating the contact 

information for payments, and 

clarifying the payment method. 

The NRC is amending paragraph (f) by 

replacing ‘‘all license fees’’ with ‘‘all fee 

payments under 10 CFR part 170,’’ for 

additional clarity. Currently, paragraph 

(f) states, in part, that all license fee 

payments are to be payable to the U.S. 

Nuclear Regulatory Commission. Since 

paragraph (f) applies to all fees and not 

only licensing fees, this amendment 

provides additional clarity for fee 

payments under 10 CFR part 170. In 

addition, the NRC is amending 

paragraph (f) by replacing ‘‘License Fee 

and Accounts Receivable Branch’’ with 

the ‘‘Office of the Chief Financial 

Officer’’ to remove reference to a 

specific branch because the Office of the 

Chief Financial Officer collects fees for 

the NRC. This amendment eliminates 

the need to revise the branch 

information after reorganizations or 

branch name changes. Finally, the NRC 

is revising paragraph (f) to clarify that 

fee payments can be made electronically 

using www.Pay.gov or manually using 

NRC Form 629, ‘‘Authorization for 

Payment by Credit Card,’’ which align 

with the terms and conditions that are 

currently being updated to clarify the 

methods of payment. 

4. Add footnote 6 to the table in 

§ 170.21, ‘‘Schedule of fees for 

production and utilization facilities, 

review of standard referenced design 

approvals, special projects, inspections, 

and import and export licenses,’’ and 

footnote 12 to the table in § 170.31, 

‘‘Schedule of fees for materials licenses 

and other regulatory services, including 

inspections, and import and export 

licenses.’’ 

The NRC is adding footnote 6 to the 

table in § 170.21 and footnote 12 to the 

table in § 170.31. In accordance with 

NEIMA, in FY 2022, the NRC identified 

international activities, including the 

resources for import and export 

licensing activities, as a fee-relief 

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

will not charge fees for import and 

export licensing actions. 

5. Add footnote 13 to the table in 

§ 170.31 for clarity. 

The NRC is adding footnote 13 to the 

table in § 170.31 to clarify, with respect 

to 10 CFR part 170 fees, that licensees 

paying fees under 4.A., 4.B. or 4.C. in 

the table are not subject to paying fees 

under 3.N. This footnote is identical to 

footnote 21 to the table in § 171.16(d). 

Update on the Fees Transformation 

Initiative 

In the staff requirements 

memorandum, dated October 19, 2016, 

for SECY–16–0097, ‘‘Fee Setting 

Improvements and Fiscal Year 2017 

Proposed Fee Rule,’’ the Commission 

directed the staff to accelerate its 

process improvements for setting fees. 

In addition, the Commission directed 

the staff to begin the fees transformation 

activities listed in SECY–16–0097 as 

‘‘Process Changes Recommended for 

Future Consideration—FY 2018 and 

Beyond.’’ The NRC has completed all of 

the 40 fees transformation activities. 

The final fees transformation activity 

that was completed in FY 2022 was the 

rulemaking to update the NRC’s small 

business size standards in § 2.810, ‘‘NRC 

size standards.’’ The NRC published a 

final rule on February 17, 2022 (87 FR 

8943) with an effective date of March 

21, 2022. In the final rule, the NRC 

increased the upper and lower tiers for 

its receipts-based small entity size 

standards for small businesses and 

small not-for-profit organizations. These 

amendments allow the NRC’s standards 

to remain consistent with the inflation 

adjustments made by the Small 

Business Administration (SBA) size 

standard for nonmanufacturing 

concerns. In addition, in accordance 

with the Small Business Runway 

Extension Act of 2018, the NRC changed 

the calculation of annual average 

receipts for the receipts-based NRC size 

standard for small businesses that 

provide a service or for small businesses 

not engaged in manufacturing from a 3- 

year averaging period to a 5-year 

averaging period. The public can track 

all NRC rulemaking activities on the 

NRC’s Rulemaking Tracking and 

Reporting system at https://

www.nrc.gov/reading-rm/doccollections/rulemaking-ruleforum/ 

active/RuleIndex.html. Information on 

the recently completed rulemaking on 

the NRC’s size standards can be found 

by searching for Docket ID NRC–2014– 

0264 at http://www.regulations.gov. 

For more information, see the fees 

transformation accomplishments 

schedule, located on the NRC’s license 

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

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

III. Public Comment Analysis 

Overview of Public Comments 

The NRC published a proposed rule 

on February 23, 2022 (87 FR 10081) and 

requested public comment on its 

proposed revisions to 10 CFR parts 170 

and 171. By the close of the comment 

period, the NRC received four written 

comment submissions on the FY 2022 

proposed rule. In general, the 

commenters were supportive of the 

specific proposed regulatory changes. 

Some commenters expressed concerns 

about broader fee-policy issues related 

to transparency, the overall size of the 

NRC’s budget, fairness of fees, and 

budget formulation. Some commenters’ 

concerns were outside the scope of the 

fee rule. 

The commenters are listed in Table 

XIX. 

TABLE XIX—FY 2022 PROPOSED FEE RULE COMMENTER SUBMISSIONS

Commenter Affiliation ADAMS 

Accession No. 

Matthew F. Ostdiek, P.E .......................................................... Rendezvous Engineering, P.C. (RE) ...................................... ML22074A293 


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TABLE XIX—FY 2022 PROPOSED FEE RULE COMMENTER SUBMISSIONS—Continued 

Commenter Affiliation ADAMS 

Accession No. 

Gusstivol Paul Terricah Reid, Sr ............................................. No known affiliation ................................................................. ML22087A051 

Dr. Jennifer L. Uhle .................................................................. Nuclear Energy Institute (NEI) ................................................ ML22087A052 

Cheryl A. Gayheart .................................................................. Southern Nuclear Operating Company (SNC) ....................... ML22087A417 

Information about obtaining the 

complete text of the comment 

submissions is available in the 

‘‘Availability of Documents,’’ section of 

this document. 

IV. Public Comments and NRC 

Responses 

The NRC has carefully considered the 

public comments received on the 

proposed rule. The comments have been 

organized by topic into six individual 

comments. Comments from a single 

commenter have been quoted to ensure 

accuracy; brackets within those 

comments are used to show changes 

that have been made to the quoted 

comments. 

A. Small Entity 

Comment: ‘‘[F]rom a small business 

perspective, the broad revenue range 

encompassing $485,000 to $7,000,000 

favors larger firms while severely 

burdening small entities. Our firm’s 

revenue is at the bottom end of this 

range, yet our fee is the same as another 

entity seven times our gross revenue. 

The license fee is a significant expense 

to our firm. Please consider establishing 

lower licensing fees by [adding] 

additional fee tiers between the 

$520,000 to $7,000,000 range. [A] fee 

rate schedule with more steps for small 

businesses would help reduce the 

license fee burden on the smaller 

entities. Establishing reduced fees by 

creating more tiers in the gross annual 

receipts bracket makes sense to help 

small business concerns. Firms near the 

top of the bracket with significantly 

higher annual receipts should pay more 

that those at the bottom.’’ (RE) 

Response: Under the SBA’s 

regulations, other Federal agencies may, 

at their discretion, establish their own 

standards through notice and comment 

rulemaking. To reduce the significance 

of the annual fees on a substantial 

number of small entities, the NRC 

established the maximum small entity 

fee in FY 1991. In FY 1992, the NRC 

introduced a second lower tier to the 

small entity fee. Because the NRC’s 

methodology for small entity size 

standards has been approved by the 

SBA, the NRC did not modify its current 

methodology for this rulemaking. 

As discussed previously in this final 

fee rule, the NRC recently updated its 

small business size standards in § 2.810, 

‘‘NRC size standards,’’ through notice 

and comment rulemaking, and those 

standards are separately codified at 

§ 2.810 (87 FR 8943; February 17, 2022). 

No change was made to this final rule 

as a result of this comment. 

B. Use of Fee-Based Carryover Funds 

Comment: ‘‘In FY 2021, Congress 

directed NRC to use $35 million in feebased carryover funding; $16 million for 

the University Nuclear Leadership 

Program (UNLP) and $19 million to 

reduce fee collections. In the recently 

signed budget authorization for FY2022, 

Congress directed the use of $16 million 

in available carryover funding for the 

UNLP. Had Congress further directed, 

consistent with prior years, that 

available fee-based carryover be used for 

the purpose of reducing licensee fees, 

the increase seen by licensees would be 

much less. We encourage NRC to use its 

available discretionary authority in 

applying fee-based carryover funds for 

the purpose of reducing license fees.’’ 

(NEI) 

Response: Each fiscal year, the NRC 

follows the direction of Congress in the 

explanatory statement that accompanies 

the annual appropriations act. In FY 

2022, the explanatory statement 

associated with the Consolidated 

Appropriations Act, 2022 directed the 

NRC to use $16.0 million in prior-year 

unobligated carryover funds to fully 

fund the UNLP. Under NEIMA, the NRC 

must recover, to the maximum extent 

practicable, approximately 100 percent 

of the total budget authority 

appropriated for the fiscal year, less the 

budget authority for excluded activities. 

No change was made to this final rule 

as a result of this comment. 

C. Excluded Activities 

Comment: ‘‘The FY2022 

congressionally authorized budget 

currently includes over $20 million that 

should not be included in the fee base. 

The $16 million appropriated for the 

University Nuclear Leadership Program 

is currently being addressed by feebased carryover funds. This is contrary 

to the Nuclear Energy Innovation and 

Modernization Act (NEIMA) of 2018, 

where UNLP is one of the activities 

excluded from recovery. The FY2022 

payment, combined with a similar 

payment in FY2021, gives $32M in 

payments that should have been 

excluded from the fee base. To facilitate 

the correction of this, we encourage 

NRC to include UNLP funding in its 

FY2023 proposed budget as a fee relief 

item under NEIMA. 

The FY2022 budget also includes $4.3 

million to subsidize rent for the Food 

and Drug Administration (FDA) and the 

National Institutes of Health (NIH). In 

its October 12, 2021, letter to Congress 

on NEIMA, NRC identified that the 

nuclear industry has paid 

approximately $21 million to 

[subsidize] rent for the FDA and the NIH 

in the 3WFN building and, if 

unchanged, industry will have to pay an 

additional $27 million to subsidize rent. 

These payments do nothing to support 

the agency’s mission. We encourage 

NRC to continue its discussions with 

Congress to remove these payments 

from the fee base.’’ (NEI) 

Response: The FY 2023 CBJ was 

released to Congress on March 28, 2022, 

and does not include resources for the 

UNLP. As part of the NRC’s ongoing 

communications with Congress, the 

NRC provides information to and has 

discussions with Congress regarding 

various budgetary matters. 

No change was made to this final rule 

as a result of this comment. 

D. Operating Power Reactors Fee Class 

Budget and Declining 10 CFR Part 170 

Service Fee Collections 

Comment: ‘‘Approximately 85% of 

the appropriated budget for FY2022 is 

from the power reactor fee class. Over 

the past five years the budget for 

operating reactors has decreased less 

than 4%. During this same period, the 

number of operating reactors has 

decreased by 7% and Part 170 service 

fee collections have decreased by 33%. 

The modest decrease in NRC operating 

plant budget during this time has not 

kept pace with the significant reduction 

in operating plant service fee 

collections. As a result, a greater 

percentage of the budget is required to 

be recovered through annual fees. . . . 

[T]he percentage of the operating plant 

budget that is derived from annual fees 


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(currently at 75%) continues to increase; 

up from 64% in FY 2018. The annual 

fee for operating plants is increasing by 

8.8% over FY2021, to over $5 million 

per reactor. As noted in the fee rule 

notices and associated work papers, the 

reductions in service fee collections in 

recent years have been attributable, in 

part, to plant closures. Plant closures 

have a double impact on operating 

plants’ annual fees in that service fees 

are collected from fewer plants leading 

to an increase in required annual fees. 

This annual fee collection is then 

divided among fewer operating plants.’’ 

(NEI) 

Response: The NRC is aware and 

remains mindful of the impact of its 

budget on the fees for operating power 

reactors licensees. The operating power 

reactors fee class supports the activities 

of the operating reactors and new 

reactors business lines, including both 

direct-billable licensing actions and 

those general activities that indirectly 

support the agency’s mission in these 

areas. 

When formulating the budget, the 

NRC takes into consideration various 

factors. First, the NRC assesses the 

current environment and performs 

workload forecasting, which includes 

looking for significant drivers that could 

impact the future workload. These 

include technical, regulatory, and 

legislative developments that have the 

potential to generate additional work or 

reduce work (i.e., rulemaking, a 

guidance change that could drive new 

submittals, or known plant closures that 

will reduce the overall size of the 

program). The NRC then reviews 

historical data and trends to measure 

how our execution in previous years 

lines up with the budget assumptions at 

the time. The NRC uses that data to 

inform the future budget and identify 

areas where the assumptions previously 

used may have changed. The NRC also 

relies heavily on communications from 

stakeholders to identify plant 

submittals, including letters of intent, 

collecting information from the project 

managers, and considering responses to 

the periodic regulatory issue summaries 

on this topic. In budgeting for large 

licensing projects, the NRC tries to 

balance the anticipated resource needs 

against the relative certainty that an 

application will be submitted on 

schedule. The NRC recognizes that 

plans within the industry are subject to 

change and can be influenced by 

different factors; however, receiving 

reliable information from the industry 

can ensure the NRC is more accurate in 

budgeting for future workload needs. 

Since FY 2016, service fees directly 

billed to operating power reactor 

licensees under 10 CFR part 170 have 

decreased from $287.8 million in FY 

2016 to $160.0 million in FY 2022, 

which represents a decline of $127.8 

million, or approximately 44 percent. 

The decline in 10 CFR part 170 

collections and reduction in the number 

of operating power reactors during this 

time means that the annual fee did not 

decline proportionate with the 

reduction in the total budgeted 

resources for the operating power 

reactors fee class. In a given year, fact 

of life changes in the 10 CFR part 170 

estimated collections (due to 

circumstances like delayed or cancelled 

licensing applications) also impact the 

amount to be recovered through 10 CFR 

part 171 annual fees. While the NRC is 

mindful of the impact of its budgeted 

resources on the fees for operating 

power reactor licensees, the fee class 

budget is not linearly proportional to 

the size of the operating power reactor 

fleet. Resources are required to develop 

and maintain the infrastructure of the 

nuclear reactor safety program and 

fulfill the regulatory and statutory role 

of the NRC. 

Further, while the NRC understands 

the commenter’s concern that early 

plant closures place additional costs on 

the existing fleet, the NRC notes that 

NEIMA caps the per-licensee annual fee 

for operating reactors, to the maximum 

extent practicable, at the FY 2015 

annual fee amount as adjusted for 

inflation. The NRC continues to 

evaluate resource requirements and 

adjustments that can be made to refine 

the operating power reactors budget and 

remains committed to providing 

enhanced transparency throughout the 

development of the annual fee rule and 

supporting work papers. 

No change was made to this final rule 

as a result of this comment. 

E. Non-Power Production or Utilization 

Facilities Fee Class 

Comment: ‘‘The FY2022 proposed fee 

rule outlines a 16.3% increase in annual 

fees for non-power production or 

utilization facilities (NPUFs). It 

represents the largest fee increase in the 

FY2022 proposed fee rule of all the 

licensee categories. The annual fee for 

NPUFs has remained steady over the 

course of the last several years. In fact, 

the FY2021 Final Fee Rule represented 

a 1.6% decrease in the annual fee for 

NPUFs. 

NRC outlines that the annual fee 

increase is due, primarily, to the 

decrease of NPUF facilities subject to 

annual fees from four to three. 

University-based research and test 

reactors are exempt from fees to meet 

the requirements of 10 CFR 50.41(b). 

This decrease was known and 

anticipated. . . . Total budgeted 

resources should be appropriately 

decreased to reflect this change, which 

would allow for cost efficiency for the 

remaining three licensees. Rather, the 

remaining three facilities are left to 

cover this gap. In other fee categories, 

such as uranium recovery and fuel cycle 

facilities, NRC has appropriately 

recognized that it cannot continue to 

spread fees across a decreasing licensee 

class. 

The FRN outlines that Part 170 

estimated billings are increasing due to 

a number of factors. The estimated user 

fees more than double, from $2,576,000 

in the FY2021 Final Fee Rule to an 

estimated $5,803,000 for the FY 2022 

Proposed Fee Rule. This indicates that 

the Part 171 annual fees would likely 

have been even higher, except for being 

offset by this significant increase in Part 

170 fees. This increase should have 

amply covered the licensees who pay 

annual fees; they should have seen 

little-to-no increase. In fact, it would 

have been appropriate for NPUF annual 

fees to decrease. This increase in annual 

fees underscores the need for NRC to 

decrease the total budgeted resources for 

this business line, for FY2022 and in 

future years, to avoid such double-digit 

increases. We believe that continuing to 

impose fee increases of this magnitude 

on this business line is inconsistent 

with Section 104.c of the Atomic Energy 

Act, as well as 10 CFR 50 41(b), which 

direct the Commission to regulate and 

license class 104 licensees in a manner 

that ‘‘will permit the conduct of 

widespread and diverse research and 

development.’’ (NEI) 

Response: The NRC disagrees with the 

commenter’s suggestion that the NRC 

inappropriately included activities 

related to the referenced licensee in the 

NPUF fee category for the FY 2022 

budget. Pursuant to § 171.15(f), annual 

fees are assessed to licensees authorized 

to operate a NPUF licensed under 10 

CFR part 50, unless the reactor is 

exempted from fees under § 171.11(b). 

Additionally, as discussed in NUREG– 

1537, Part 1, ‘‘Guidelines for Preparing 

and Reviewing Applications for the 

Licensing of Non-Power Reactors: 

Format and Content,’’ issued in 

February 1996, Section 17.1.2, if a 

research or test reactor is subject to 

annual licensing fees, the granting of a 

possession-only license amendment 

removes the basis for assessment of 10 

CFR part 171 annual fees. Even though 

the referenced licensee had declared 

cessation of operation of the facility, the 

licensee is assessed an annual fee until 

the possession-only license amendment 

is issued. The NRC issued the 


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4 5 U.S.C. 603. The FRA, 5 U.S.C. 601–602, has 

been amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996, Public Law 104– 

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

possession-only license amendment on 

December 6, 2021. Therefore, the 

resources associated with the referenced 

licensee were appropriately included in 

the FY 2022 CBJ. 

Further, the NRC disagrees with the 

commenter’s assertion that the 

increased budget authority for NPUFs 

reflects regulatory activities that are 

inconsistent with the NRC’s obligations 

under AEA section 104. Rather, the 

budgeted activities were necessary to 

address emerging work needs and 

maintain adequate oversight of existing 

facilities. As discussed in the FY 2022 

proposed fee rule, the NPUF budgetary 

resources, which are included under the 

operating reactors business line, 

increased because of an increase in 

workload associated with medical 

isotope production facilities and 

advanced research and test reactors. In 

addition, the 10 CFR part 170 estimated 

billings with respect to the medical 

isotope production facilities and 

advanced research and test reactors 

increased to support the following: (1) 

the staff’s review of the operating 

license application for SHINE Medical 

Technologies, LLC and construction 

inspection activities; (2) the staff’s 

review of the Kairos Power application 

for a permit to construct a test reactor; 

(3) pre-application meetings; and (4) the 

review of topical reports. The 10 CFR 

part 170 estimated billings associated 

with the current fleet of operating nonpower production or utilization 

facilities licensees subject to annual fees 

increased to support the following: (1) 

activities associated with the review of 

the GE Nuclear Test Reactor license 

renewal application and amendments 

and (2) activities associated with the 

special team inspection and restart for 

the National Institute of Standards and 

Technology Neutron Reactor. 

While the NRC should reduce its 

budget commensurate with the 

reduction in the number of NPUFs that 

pay fees, that reduction is not linearly 

proportional as there is a cost for the 

infrastructure that must be maintained 

independent of the number of 

operational NPUFs. These infrastructure 

costs include indirect services and the 

business line portion of corporate 

support. Indirect services include 

rulemaking, maintaining guidance for 

licensees, and maintaining procedures 

for NRC staff, training, and travel. 

Corporate support includes, for 

example, the cost for information 

management, information technology, 

security, facilities management, rent, 

utilities, financial management, 

acquisitions, human resources, and 

policy support. 

Under NEIMA, and as stated in the FY 

2022 CBJ and the FY 2022 proposed fee 

rule, medical isotope production 

infrastructure is a fee-relief activity 

identified by the Commission. This feerelief activity includes the budgeted 

resources for the development of a 

medical isotope production 

infrastructure. This fee-relief activity 

does not include activities that are 

subject to 10 CFR part 170 fees. As 

stated in the statements of consideration 

for the FY 2021 fee rule, while the 

NRC’s fee regulations did not have a fee 

class for future NPUF licensees (e.g., 

medical isotope production applicants), 

the NRC historically included budgeted 

resources for the review of these 

applications within the research and 

test reactor fee class, and the budgeted 

resources not recovered in 10 CFR part 

170 service fees have been excluded 

from the fee-recovery requirement as a 

fee-relief activity. 

No change was made to this final rule 

in response to this comment. 

F. Transparency 

Comment: To ensure notification of 

significant changes in advance of the 

final rule, some commenters requested 

that the NRC use any means available to 

notify licensees of any substantial 

changes made during the crafting of the 

final rule, e.g., the use of carryover and 

the number of operating power reactors 

assumed. This would allow licensees 

additional time needed to realign their 

own budgets. One commenter also 

encouraged future public meetings to 

discuss resolution of the industry 

comments so that the final rule serves 

in the best interest of safety in a costeffective manner. (NEI and SNC) 

Response: The NRC strives to ensure 

that the proposed fee rule is as accurate 

as possible and explains its assumptions 

about the budgetary resources and the 

number of operating power reactors to 

provide the best information available 

regarding the fiscal year’s proposed fees. 

The NRC discussed these assumptions 

during the FY2022 proposed fee rule 

public meeting on March 17, 2022. The 

NRC must comply with statutory 

requirements, including NEIMA and the 

Administrative Procedure Act (APA). 

NEIMA requires the NRC to recover, to 

the maximum extent practicable, 

approximately 100 percent of total 

budget authority less the budget 

authority for excluded activity, through 

fees assessed by the end of the fiscal 

year. Section 553 of the APA requires 

the NRC to give the public an 

opportunity to comment on a published 

proposed rule. Because the Office of 

Management and Budget has found the 

fee rule to be a major rule under the 

Congressional Review Act, the effective 

date of the final rule cannot be less than 

60 days from the date of publication and 

must allow for timely final billing prior 

to the end of the fiscal year. The NRC, 

therefore, cannot republish the FY 2022 

proposed fee rule to provide advance 

notification of all changes within the 

final rule and meet its statutory 

requirements. 

No changes were made to this final 

rule in response to these comments. 

V. Regulatory Flexibility Certification 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),4 the NRC has prepared a 

regulatory flexibility analysis related to 

this final rule. The regulatory flexibility 

analysis is available as indicated in the 

‘‘Availability of Documents’’ section of 

this document. 

VI. Regulatory Analysis 

Under NEIMA, the NRC is required to 

recover, to the maximum extent 

practicable, approximately 100 percent 

of its annual budget for FY 2022 less the 

budget authority for excluded activities. 

The NRC established fee methodology 

guidelines for 10 CFR part 170 in 1978 

and established additional fee 

methodology guidelines for 10 CFR part 

171 in 1986. In subsequent rulemakings, 

the NRC has adjusted its fees without 

changing the underlying principles of 

its fee policy to ensure that the NRC 

continues to comply with the statutory 

requirements for cost recovery. 

In this final rule, the NRC continues 

this longstanding approach. Therefore, 

the NRC did not identify any 

alternatives to the current fee structure 

guidelines and did not prepare a 

regulatory analysis for this final rule. 

VII. Backfitting and Issue Finality 

The NRC has determined that the 

backfit rule, § 50.109, does not apply to 

this final rule and that a backfit analysis 

is not required because these 

amendments do not require the 

modification of, or addition to, (1) 

systems, structures, components, or the 

design of a facility; (2) the design 

approval or manufacturing license for a 

facility; or (3) the procedures or 

organization required to design, 

construct, or operate a facility. 

VIII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC wrote 


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37213 

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). 

IX. National Environmental Policy Act 

The NRC has determined that this 

final rule is the type of action described 

in § 51.22(c)(1). Therefore, neither an 

environmental impact statement nor 

environmental assessment has been 

prepared for this final rule. 

X. Paperwork Reduction Act 

This final rule does not contain a 

collection of information as defined in 

the Paperwork Reduction Act of 1995 

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

is not subject to the requirements of the 

Act. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

XI. Congressional Review Act 

This final rule is a rule as defined in 

the Congressional Review Act of 1996 (5 

U.S.C. 801–808). The Office of 

Management and Budget has found it to 

be a major rule as defined in the 

Congressional Review Act. 

XII. 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 final rule, the NRC 

is amending the licensing, inspection, 

and annual fees charged to its licensees 

and applicants, as necessary, to recover, 

to the maximum extent practicable, 

approximately 100 percent of its annual 

budget for FY 2022 less the budget 

authority for excluded activities, as 

required by NEIMA. This action does 

not constitute the establishment of a 

standard that contains generally 

applicable requirements. 

XIII. Availability of Guidance 

The Small Business Regulatory 

Enforcement Fairness Act requires all 

Federal agencies to prepare a written 

compliance guide for each rule for 

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

604 to prepare a regulatory flexibility 

analysis. The NRC, in compliance with 

the law, prepared the ‘‘Small Entity 

Compliance Guide’’ for the FY 2021 fee 

rule. The compliance guide was 

developed when the NRC completed the 

small entity biennial review for FY 

2021. The NRC plans to continue to use 

this compliance guide for FY 2022 and 

has relabeled the compliance guide to 

reflect the current fiscal year. This 

compliance guide is available as 

indicated in the ‘‘Availability of 

Documents’’ section of this document. 

XIV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Documents ADAMS accession No./FR 

citation/web link 

FY 2022 Final Rule Work Papers ................................................................................................... ML22136A015. 

OMB Circular A–25, ‘‘User Charges’’ .............................................................................................. https://www.whitehouse.gov/wp-content/ 

uploads/2017/11/Circular-025.pdf. 

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

NUREG–1100, Volume 36, ‘‘Congressional Budget Justification: Fiscal Year 2021’’ (February 

2020).

ML20024D764. 

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

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

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

ML21209A553. 

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

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

NUREG–1100, Volume 38, ‘‘Congressional Budget Justification: Fiscal Year 2023’’ (April 2022) ML22089A188. 

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

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

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

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

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

August 15, 2016.

ML16194A365. 

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

‘‘Receipts-Based NRC Size Standards,’’ dated February 17, 2022 ............................................... 87 FR 8943. 

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

FY 2022 Regulatory Flexibility Analysis .......................................................................................... ML22123A295. 

FY 2022 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide .......................... ML22123A299. 

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 adopting the following 

amendments to 10 CFR parts 170 and 

171: 


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37214 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

PART 170—FEES FOR FACILITIES, 

MATERIALS, IMPORT AND EXPORT 

LICENSES, AND OTHER 

REGULATORY SERVICES UNDER THE 

ATOMIC ENERGY ACT OF 1954, AS 

AMENDED 

■ 1. The authority citation for part 170 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

Energy Reorganization Act of 1974, sec. 201 

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

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

§ 170.3 [Amended] 

■ 2. In § 170.3, remove the undesignated 

paragraph following the definition for 

Research reactor. 

■ 3. In § 170.11: 

■ a. Revise paragraph (a)(1); 

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

paragraph (d); and 

■ c. Revise paragraph (c). 

The revisions read as follows: 

§ 170.11 Exemptions. 

(a) * * * 

(1) A special project that is a request/ 

report submitted to the NRC— 

(i) In response to a generic letter or 

NRC bulletin, where the request/report 

does not result in an amendment to the 

license, does not result in the review of 

an alternate method or reanalysis to 

meet the requirements of the generic 

letter, or does not involve an 

unreviewed safety issue; 

(ii) When the NRC, at the time the 

request/report is submitted, plans to use 

the information to assist the NRC in 

generic regulatory improvements or 

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

regulations, policy statements, generic 

letters, or bulletins); or 

(iii) When the NRC, at the time the 

request/report is submitted, plans to use 

the information in response to an NRC 

request from the Office Director level or 

above to resolve an identified safety, 

safeguards, or environmental issue. 

* * * * * 

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

this section, a request for a fee 

exemption must be submitted to the 

Chief Financial Officer within 90 days 

of the date of the NRC’s receipt of the 

request/report. 

* * * * * 

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

and (f) to read as follows. 

§ 170.12 Payment of fees. 

* * * * * 

(b) * * * 

(3) The NRC intends to bill each 

applicant or licensee at quarterly 

intervals for all accumulated costs for 

each application the applicant or 

licensee has on file for NRC review, 

until the review has been brought to an 

end, whether by issuance of a permit, 

license, approval, certificate, exemption, 

or other form of permission; by denial, 

withdrawal, or suspension of review of 

the application; or by postponement of 

action on the application by the 

applicant. 

* * * * * 

(f) Method of payment. All fee 

payments under 10 CFR part 170 are to 

be made payable to the U.S. Nuclear 

Regulatory Commission. The payments 

are to be made in U.S. funds by 

electronic funds transfer such as ACH 

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

(Electronic Data Interchange), check, 

draft, money order, or credit card 

(submit electronic payment at 

www.Pay.gov or manual payment using 

the NRC Form 629, ‘‘Authorization for 

Payment by Credit Card’’). Payment of 

invoices of $5,000 or more should be 

paid via ACH through the NRC’s 

Lockbox Bank at the address indicated 

on the invoice. Credit card payments 

should be made up to the limit 

established by the credit card bank at 

the address indicated on the invoice. 

Specific written instructions for making 

electronic payments and credit card 

payments may be obtained by 

contacting the Office of the Chief 

Financial Officer at 301–415–7554. In 

accordance with Department of the 

Treasury requirements, refunds will 

only be made upon receipt of 

information on the payee’s financial 

institution and bank accounts. 

* * * * * 

§ 170.20 [Amended] 

■ 5. In § 170.20, remove the dollar 

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

dollar amount ‘‘$290’’. 

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

entry for ‘‘K. Import and export 

licenses’’ to read as follows: 

§ 170.21 Schedule of fees for production 

and utilization facilities, review of standard 

referenced design approvals, special 

projects, inspections and import and export 

licenses. 

* * * * * 

TABLE 1 TO § 170.21—SCHEDULE OF FACILITY FEES

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

*******

K. Import and export licenses: 6

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

or utilization facilities issued under 10 CFR part 110.

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

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

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

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

under 10 CFR 110.41(a)..

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

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

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

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

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

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

type of facility or component authorized for export and, therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities.


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37215 

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

[See footnotes at end of table] 

Facility categories and type of fees Fees 1 2

Minor amendment to license ................................................................................................................................................. N/A 

1Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under title 10 of the Code of 

Federal Regulations (e.g., 10 CFR 50.12, 10 CFR 73.5) and any other sections in effect now or in the future, regardless of whether the approval 

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

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

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

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

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

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

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

follows: 

§ 170.31 Schedule of fees for materials 

licenses and other regulatory services, 

including inspections, and import and 

export licenses. 

* * * * * 

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES

[See footnotes at end of table] 

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

1. Special nuclear material: 11

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

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

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

21210].

Full Cost. 

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

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

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

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

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

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

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

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

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

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

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

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

23310].

$2,700. 

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

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

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

22155].

Full Cost. 

2. Source material: 11

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

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

Full Cost. 

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

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

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

a facility in a standby mode.6.

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

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

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

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

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

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

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

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

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

Full Cost. 


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37216 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

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

[See footnotes at end of table] 

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

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

other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee’s milling operations, except those licenses subject to the fees in Category 2.A.(2) 6 [Program Code(s): 12010].

Full Cost. 

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

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

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

this chapter.

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

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

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

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

Application [Program Code(s): 11710] ............................................................................................................................... $2,800. 

F. All other source material licenses.

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

3. Byproduct material: 11

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

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

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

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

of locations of use: 6–20.

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

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

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

of locations of use: more than 20.

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

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

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

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

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

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

20.

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

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

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

more than 20.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Application [Program Code(s): 03510, 03520] ................................................................................................................... $3,300. 

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

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

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

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

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

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

Application [Program Code(s): 03521] ............................................................................................................................... $64,800. 

H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does 

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

Application [Program Code(s): 03254, 03255, 03257] ...................................................................................................... $6,900. 


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37217 

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

[See footnotes at end of table] 

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

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

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

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

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

Application [Program Code(s): 03250, 03251, 03253, 03256] .......................................................................................... $15,400. 

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

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

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

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

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

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

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

Application [Program Code(s): 03242, 03244] ................................................................................................................... $1,200. 

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

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

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

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

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

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

than 20.

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

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

Application [Program Code(s): 03620] ............................................................................................................................... $8,600. 

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

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

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

4.C.13.

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

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

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

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

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

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

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

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

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

use: 1–5..

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

03222, 03800, 03810, 22130].

$6,600. 

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

of use: 6–20. 

Application [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, 04430, 

04432, 04434, 04436, 04438].

$8,800. 

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

of use: more than 20.

Application [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, 04431, 

04433, 04435, 04437, 04439].

$11,000. 

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

Registration ................................................................................................................................................................................ $400. 

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

of items or limits specified in that section.5.

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

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

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

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

chapter.

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

S. Licenses for production of accelerator-produced radionuclides.

Application [Program Code(s): 03210] ............................................................................................................................... $14,800. 

4. Waste disposal and processing: 11


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37218 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

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

[See footnotes at end of table] 

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

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

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

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

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

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

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

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

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

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

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

receive or dispose of the material.

Application [Program Code(s): 03232] ............................................................................................................................... $5,200. 

5. Well logging: 11

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] ...................................................................................................... $4,800. 

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

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

6. Nuclear laundries: 11

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

Application [Program Code(s): 03218] ............................................................................................................................... $23,100. 

7. Medical licenses: 11

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

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

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

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

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

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

Application [Program Code(s): 04510, 04512] ................................................................................................................... $15,400. 

(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): 04511, 04513] ................................................................................................................... $19,300. 

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

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

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

Number of locations of use: 1–5.

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

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

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

Application [Program Code(s): 04710] ............................................................................................................................... $12,000. 

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

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

Application [Program Code(s): 04711] ............................................................................................................................... $15,000. 

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.10 Number of locations of use: 1–5.

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

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

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

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

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

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

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

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

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

8. Civil defense: 11

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

activities. 


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37219 

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

[See footnotes at end of table] 

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

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

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

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

except reactor fuel devices, for commercial distribution.

Application—each device ................................................................................................................................................... $18,100. 

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

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

devices.

Application—each device ................................................................................................................................................... $9,400. 

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

reactor fuel, for commercial distribution.

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

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

Application—each source ................................................................................................................................................... $1,100. 

10. Transportation of radioactive material: 

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

1. Spent fuel, high-level waste, and plutonium air packages ............................................................................................ Full Cost. 

2. Other casks .................................................................................................................................................................... Full Cost. 

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

1. Users and Fabricators.

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

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

2. Users.

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

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

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

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

12. Special projects: 

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

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

13. A. Spent fuel storage cask certificate of compliance. ................................................................................................................ Full Cost. 

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

14. Decommissioning/Reclamation 11

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

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

Full Cost. 

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

the sites have been previously licensed.

Full Cost. 

15. Import and Export licenses: 12

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

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

15.A. through 15.E.).

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

Branch review, for example, those actions under § 110.40(b) of this chapter.

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

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

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

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

U.S. Environmental Protection Agency, etc.).

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

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

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

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

foreign government assurances. 

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

E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic 

information, or make other revisions which do not involve any substantive changes to license terms and conditions or 

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

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

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

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

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

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

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

additional consent see fee category 15.I.

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


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37220 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

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

[See footnotes at end of table] 

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

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

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

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

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

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

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

export license.

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

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

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

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

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

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

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

L. Application for the export of Category 2 materials.

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

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

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

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

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

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

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

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

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

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

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

16. Reciprocity: 

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

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

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

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

18. Department of Energy. 

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

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

Full Cost. 

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

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

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

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

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

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

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

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

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

prescribed application fee for the highest fee category. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

fees listed in this table. 7 Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to fees under 2.B. for possession and shielding authorized on the same license. 


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37221 

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

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

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

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

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

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

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

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

authorized on the same license. 

PART 171—ANNUAL FEES FOR 

REACTOR LICENSES AND FUEL 

CYCLE LICENSES AND MATERIALS 

LICENSES, INCLUDING HOLDERS OF 

CERTIFICATES OF COMPLIANCE, 

REGISTRATIONS, AND QUALITY 

ASSURANCE PROGRAM APPROVALS 

AND GOVERNMENT AGENCIES 

LICENSED BY THE NRC 

■ 8. The authority citation for part 171 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

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

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

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

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

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

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

introductory text, and (e) to read as 

follows: 

§ 171.15 Annual fees: Non-power 

production or utilization licenses, reactor 

licenses, and independent spent fuel 

storage licenses. 

* * * * * 

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

operating power reactor that must be 

collected by September 30, 2022, is 

$5,165,000. 

(2) The FY 2022 annual fees are 

comprised of a base annual fee for 

power reactors licensed to operate, a 

base spent fuel storage/reactor 

decommissioning annual fee and 

associated additional charges. The 

activities comprising the spent fuel 

storage/reactor decommissioning base 

annual fee are shown in paragraphs 

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

activities comprising the FY 2022 base 

annual fee for operating power reactors 

are as follows: 

* * * * * 

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

power reactor holding a 10 CFR part 50 

license or combined license issued 

under 10 CFR part 52 that is in a 

decommissioning or possession-only 

status and has spent fuel onsite, and for 

each independent spent fuel storage 10 

CFR part 72 licensee who does not hold 

a 10 CFR part 50 license or a 10 CFR 

part 52 combined license, is $227,000. 

(2) The FY 2022 annual fee is 

comprised of a base spent fuel storage/ 

reactor decommissioning annual fee 

(which is also included in the operating 

power reactor annual fee shown in 

paragraph (b) of this section). The 

activities comprising the FY 2022 spent 

fuel storage/reactor decommissioning 

rebaselined annual fee are: 

* * * * * 

(e) The FY 2022 annual fee for 

licensees authorized to operate one or 

more non-power production or 

utilization facilities under a single 10 

CFR part 50 license, unless the reactor 

is exempted from fees under § 171.11(b), 

is $90,100. 

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

introductory text and (d) to read as 

follows: 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(b) The FY 2022 annual fee is 

comprised of a base annual fee and 

associated additional charges. The base 

FY 2022 annual fee is the sum of 

budgeted costs for the following 

activities: 

* * * * * 

(d) The FY 2022 annual fees for 

materials licensees and holders of 

certificates, registrations, or approvals 

subject to fees under this section are 

shown in table 2 to this paragraph (d): 

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

BY NRC 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

1. Special nuclear material: 

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

(a) Strategic Special Nuclear Material (High Enriched Uranium) 15 [Program Code(s): 21213] .................................... $4,334,000 

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

21210] .......................................................................................................................................................................... 1,469,000 

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

(a) Facilities with limited operations 15 [Program Code(s): 21310, 21320] ..................................................................... 968,000 

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

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

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

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

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

analyzers. [Program Code(s): 22140] ................................................................................................................................. 2,400 


khammond on DSKJM1Z7X2PROD with RULES
37222 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

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

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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

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

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

22150, 22151, 22161, 22170, 23100, 23300, 23310] ........................................................................................................ 5,800 

E. Licenses or certificates for the operation of a uranium enrichment facility 15 [Program Code(s): 21200] ........................ 1,888,000 

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

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

22155] ................................................................................................................................................................................. 4,300 

2. Source material: 

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

or for deconverting uranium hexafluoride in the production of uranium oxides for disposal.15 [Program Code: 11400] 436,000 

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

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

(b) Basic In Situ Recovery facilities.15 [Program Code(s): 11500] ................................................................................. 42,000 

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

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

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

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

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

from other persons for possession and disposal, except those licenses subject to the fees in Category 2.A.(2) or Category 2.A.(4) 15 [Program Code(s): 11600, 12000] ............................................................................................................ 5 N/A 

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

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

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

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

B. Licenses which authorize the possession, use, and/or installation of source material for shielding.16 17 Application 

[Program Code(s): 11210] .................................................................................................................................................. 2,700 

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

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

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

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

E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution. [Program Code: 11710] .................................................................... 6,500 

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

3. Byproduct material: 

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

for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. [Program Code(s): 03211, 03212, 03213] ............................................................................................. 27,800 

(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): 04010, 04012, 04014] .................................................................. 37,000 

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

chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. [Program Code(s): 04011, 04013, 04015] ..................................................... 46,200 

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

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

[Program Code(s): 03214, 03215, 22135, 22162] .............................................................................................................. 9,700 

(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): 04110, 04112, 04114, 04116] ................................................................................ 12,900 

(2). Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations 

of use: more than 20. [Program Code(s): 04111, 04113, 04115, 04117] .................................................................. 16,000 

C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4) of this chapter. Number of locations of use: 1–5. [Program 

Code(s): 02500, 02511, 02513] .......................................................................................................................................... 9,100 

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

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

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

[Program Code(s): 04210, 04212, 04214] ................................................................................................................... 12,100 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37223 

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

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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

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

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

20. [Program Code(s): 04211, 04213, 04215] ............................................................................................................ 16,500 

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] ....................................... 10,000 

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

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

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

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

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

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

03521] ................................................................................................................................................................................. 72,700 

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

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

of part 30 of this chapter, except for specific licenses authorizing redistribution of items that have been authorized for 

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

03251, 03253, 03256] ......................................................................................................................................................... 17,500 

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

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

under part 31 of this chapter, except specific licenses authorizing redistribution of items that have been authorized for 

distribution to persons generally licensed under part 31 of this chapter. [Program Code(s): 03242, 03244] ................... 2,700 

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

for research and development that do not authorize commercial distribution. Number of locations of use: 1–5. [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] ................................................................................ 12,700 

(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] ............................................................ 16,900 

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

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

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

M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and 

development that do not authorize commercial distribution. [Program Code(s): 03620] ................................................... 13,500 

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

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

services are subject to the fees specified in fee categories 4.A., 4.B., and 4.C.21 [Program Code(s): 03219, 03225, 

03226] ................................................................................................................................................................................. 15,400 

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

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

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

03320] ................................................................................................................................................................................. 29,600 

(1). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: 6–20. [Program Code(s): 04310, 04312] ..................................................................................................................................... 39,400 

(2). Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized under part 40 of this chapter when authorized on the same license. Number of locations of use: more than 

20. [Program Code(s): 04311, 04313] ......................................................................................................................... 49,400 

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

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

03222, 03800, 03810, 22130] ............................................................................................................................................. 9,900 

(1). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: 6–20. [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 

04428, 04430, 04432, 04434, 04436, 04438] ............................................................................................................. 13,200 

(2). All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.18 Number of locations of use: more than 20. [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 

04427, 04429, 04431, 04433, 04435, 04437, 04439] ................................................................................................. 16,500 


khammond on DSKJM1Z7X2PROD with RULES
37224 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

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

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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

R. Possession of items or products containing radium–226 identified in § 31.12 of this chapter which exceed the number of items or limits specified in that section: 14.

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

than or equal to 10 times the number of items or limits specified. [Program Code(s): 02700] ................................. 6,100 

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

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

S. Licenses for production of accelerator-produced radionuclides. [Program Code(s): 03210] ............................................ 24,200 

4. Waste disposal and processing: 

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

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

authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for receipt of waste from other persons for incineration or other treatment, packaging of resulting waste and residues, and 

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

03233, 03236, 06100, 06101] ............................................................................................................................................. 23,000 

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] .............. 15,900 

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

to receive or dispose of the material. [Program Code(s): 03232] ...................................................................................... 8,800 

5. Well logging: 

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

03112] ................................................................................................................................................................................. 12,700 

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

6. Nuclear laundries: 

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

special nuclear material. [Program Code(s): 03218] .......................................................................................................... 28,500 

7. Medical licenses: 

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

or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source material for 

shielding when authorized on the same license.9 Number of locations of use: 1–5. [Program Code(s): 02300, 02310] 27,500 

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

material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source 

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

Code(s): 04510, 04512] ............................................................................................................................................... 36,700 

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

material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. This category also includes the possession and use of source 

material for shielding when authorized on the same license.9 Number of locations of use: more than 20. [Program Code(s): 04511, 04513] ..................................................................................................................................... 45,900 

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] ............................................................................... 37,800 

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

and 70 of this chapter authorizing research and development, including human use of byproduct material, except 

licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 Number of locations of use: 6–20. [Program Code(s): 04710] ................................. 50,200 

(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.9 Number of locations of use: more than 20. [Program Code(s): 04711] ................... 62,600 

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

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

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

source material for shielding when authorized on the same license.9 19 Number of locations of use: 1–5. [Program 

Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] .................................................... 17,000 

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

source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 19 Number of locations of 

use: 6–20. [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828] ........... 17,100 


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Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 37225 

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

BY NRC—Continued 

[See footnotes at end of table] 

Category of materials licenses Annual fees 123

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

source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.9 19 Number of locations of 

use: more than 20. [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 

04829] .......................................................................................................................................................................... 21,200 

8. Civil defense: 

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

activities. [Program Code(s): 03710] .................................................................................................................................. 6,100 

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

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

or special nuclear material, except reactor fuel devices, for commercial distribution ....................................................... 18,100 

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

or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices .................................................................................................................................... 9,400 

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

special nuclear material, except reactor fuel, for commercial distribution ......................................................................... 5,500 

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

special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel ..................................................................................................................................................... 1,100 

10. Transportation of radioactive material: 

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

1. Spent fuel, high-level waste, and plutonium air packages ......................................................................................... 6 N/A 

2. Other casks ................................................................................................................................................................. 6 N/A 

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

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

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

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

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

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

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

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

14. Decommissioning/Reclamation: 

A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased 

principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200] ....................................................... 7 20 N/A 

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

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

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

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

17. Master materials licenses of broad scope issued to Government agencies.15 [Program Code(s): 03614] ........................... 344,000 

18. Department of Energy: 

A. Certificates of Compliance ................................................................................................................................................. 10 $1,503,000 

B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities [Program Code(s): 03237, 03238] ............................ 211,000 

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

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

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

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

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

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

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

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

under fee categories 7.A, 7.A.1, 7.A.2, 7.B., 7.B.1, 7.B.2, 7.C, 7.C.1, or 7.C.2. 10This includes certificates of compliance issued to the U.S. Department of Energy that are not funded from the Nuclear Waste Fund. 11See § 171.15(c). 


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37226 Federal Register / Vol. 87, No. 119 / Wednesday, June 22, 2022 / Rules and Regulations 

12See § 171.15(c). 13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees. 14Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this 

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

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

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

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

authorized on the same license. 

Dated: June 8, 2022. 

For the Nuclear Regulatory Commission. 

Lee B. Ficks, Jr., 

Acting Chief Financial Officer. 

[FR Doc. 2022–13169 Filed 6–21–22; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0283; Project 

Identifier MCAI–2021–01285–R; Amendment 

39–22070; AD 2022–11–20] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Leonardo S.p.a. Model AB139 and 

AW139 helicopters. This AD was 

prompted by a large crack detected on 

the tail gearbox (TGB) fitting during a 

scheduled inspection and the 

determination that certain TGB fittings 

are required to be inspected by the use 

of a borescope. This AD requires a onetime borescope inspection of certain 

part-numbered TGB fittings, and 

depending on the inspection results, 

removing the affected part from service 

and replacing with an airworthy part, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference (IBR). The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

DATES: This AD is effective July 27, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 27, 2022. 

ADDRESSES: For EASA material 

incorporated by reference (IBR) in this 

final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find the 

EASA material on the EASA website at 

https://ad.easa.europa.eu. For service 

information identified in this final rule, 

contact Leonardo S.p.A. Helicopters, 

Emanuele Bufano, Head of 

Airworthiness, Viale G.Agusta 520, 

21017 C. Costa di Samarate (Va) Italy; 

telephone +39–0331–225074; fax +39– 

0331–229046; or at https://customer

portal.leonardocompany.com/en-US/. 

You may view this material at the FAA, 

Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 

76177. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. Service information 

that is IBRed is also available in the AD 

docket at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0283. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0283; or in person at Docket 

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

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, the EASA AD, any comments 

received, and other information. The 

address for Docket Operations is U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance 

& Airworthiness Division, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0259, 

dated November 17, 2021, and corrected 

November 22, 2021 (EASA AD 2021– 

0259), to correct an unsafe condition for 

Leonardo S.p.A. Helicopters, formerly 

Finmeccanica S.p.A, AgustaWestland 

S.p.A., Agusta S.p.A.; and 

AgustaWestland Philadelphia 

Corporation, formerly Agusta Aerospace 

Corporation, Model AB139 and AW139 

helicopters, all serial numbers. 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Leonardo S.p.a. Model 

AB139 and AW139 helicopters. The 

NPRM published in the Federal 

Register on March 21, 2022 (87 FR 

15899). The NPRM was prompted by a 

large crack that was detected on the 

inner forward-right side of TGB fitting 

part number 3G5351A01151, that was 

discovered during a scheduled 

inspection of a Model AW139 

helicopter. EASA advises that 

investigation results determined 

previous inspections on the inner-right 

side of the TGB fitting were 

accomplished without the use of a 

boroscope. The NPRM proposed to 

require a one-time borescope inspection 

of certain part-numbered TGB fittings, 

and depending on the inspection 

results, removing the affected part from 

service and replacing with an airworthy 

part, as specified in EASA AD 2021– 

0259. 


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