[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 21035-21061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08221]



[[Page 21035]]

Vol. 79

Monday,

No. 71

April 14, 2014

Part IV





Nuclear Regulatory Commission





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10 CFR Parts 170 and 171





Revision of Fee Schedules; Fee Recovery for Fiscal Year 2014; Proposed 
Rule

Federal Register / Vol. 79 , No. 71 / Monday, April 14, 2014 / 
Proposed Rules

[[Page 21036]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 170 and 171

[NRC-2013-0276]
RIN 3150-AJ32


Revision of Fee Schedules; Fee Recovery for Fiscal Year 2014

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend the licensing, inspection, and annual fees charged to its 
applicants and licensees. The proposed amendments are necessary to 
implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as 
amended, which requires the NRC to recover through fees approximately 
90 percent of its budget authority in Fiscal Year (FY) 2014, not 
including amounts appropriated for Waste Incidental to Reprocessing 
(WIR) and amounts appropriated for generic homeland security 
activities. These fees represent the cost of NRC services provided to 
applicants and licensees.

DATES: Submit comments by May 14, 2014. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date. Because OBRA-90, as amended, requires that the NRC collect the FY 
2014 fees by September 30, 2014, requests for extension of the comment 
period will not be granted.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0276. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this proposed rule.
     Email comments to: Rulemaking.Comments@nrc.gov. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Arlette Howard, Office of the Chief 
Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1481, email: Arlette.Howard@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments.
II. Background
III. Discussion
IV. Section-by-Section Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act Statement
XI. Voluntary Consensus Standards
XII. Availability of Guidance
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2013-0276 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0276.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced. For the convenience of the reader, the 
ADAMS accession numbers are provided in a table in the ``Availability 
of Documents'' section of this document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2013-0276 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS, and the NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Over the past 40 years the NRC (and earlier as the Atomic Energy 
Commission (AEC), the NRC's predecessor agency), has assessed and 
continues to assess fees to applicants and licensees to recover the 
cost of its regulatory program. The NRC's cost recovery principles for 
fee regulation are governed by two major laws: (1) The Independent 
Offices Appropriations Act of 1952 (IOAA) (31 U.S.C. 483(a)); and (2) 
OBRA-90 (42 U.S.C. 2214), as amended. The NRC is required each year, 
under OBRA-90, as amended, to recover approximately 90 percent of its 
budget authority, not including amounts appropriated for WIR, and 
amounts appropriated for generic homeland security activities (non-fee 
items), through fees to the NRC licensees and applicants. The following 
discussion explains the various court decisions, congressional 
mandates, and Commission policy that form the basis for the NRC's 
current fee policy and cost recovery methodology, which in turn form 
the basis for this rulemaking.

[[Page 21037]]

Establishment of Fee Policy and Cost Recovery Methodology

    In 1968, the AEC adopted its first license fee schedule in response 
to Title V of the IOAA. This statute authorized and encouraged Federal 
regulatory agencies to recover to the fullest extent possible costs 
attributable to services provided to identifiable recipients. The AEC 
established fees under part 170 of Title 10 of the Code of Federal 
Regulations (10 CFR) in two sections, Sec. Sec.  170.21 and 170.31. 
Section 170.21 established a flat application fee for filing 
applications for nuclear power plant construction permits. Fees were 
set by a sliding scale depending on plant size; for construction 
permits and operating license fees, annual fees were levied on holders 
of Commission operating licenses under 10 CFR part 50. Section 170.31 
established application fees and annual fees for materials licenses. 
Between 1971 and 1973, the 10 CFR part 170 fee schedules were adjusted 
to account for increased costs resulting from expanded services, which 
included health and safety inspection services and manufacturing 
licenses and environmental and antitrust reviews. The annual fees 
assessed by the Commission began to include inspection costs, and the 
material fee schedule expanded from 16 to 28 categories for fee 
assessment. During this period, the schedules continued to be modified 
based on the Commission's policy to recover costs attributable to 
identifiable beneficiaries for the processing of applications, permits 
and licenses, amendments to existing licenses, and health and safety 
inspections relating to the licensing process.
    On March 4, 1974, the U.S. Supreme Court rendered major decisions 
in two cases, National Cable Television Association, Inc. v. United 
States, 415 U.S. 36 (1974) and Federal Power Commission v. New England 
Power Company, 415 U.S. 345 (1974), regarding the charging of fees by 
Federal agencies. The Court held that the IOAA authorizes an agency to 
charge fees for special benefits rendered to identifiable persons 
measured by the ``value to the recipient'' of the agency service. The 
Court, therefore, invalidated the Federal Power Commission's annual fee 
rule because its fee structure assessed annual fees against the 
regulated industry at large without considering whether anyone had 
received benefits from any Commission services during the year in 
question. As a result of these decisions, the AEC promptly eliminated 
annual licensing fees and issued refunds to licensees, but left the 
remainder of the fee schedule unchanged.
    In November 1974, the AEC published proposed revisions to its 
license fee schedule (39 FR 39734; November 11, 1974). The Commission 
reviewed public comments while simultaneously considering alternative 
approaches for the proper evaluation of expanding services and proper 
assessment based upon increasing costs of Commission services.
    While this effort was underway, the Court of Appeals for the 
District of Columbia issued four opinions in fee cases--National Cable 
Television Assoc. v. FCC, 554 F.2d 1094 (D.C. Cir. 1976); National 
Association of Broadcasters v. FCC, 554 F.2d 1118 (D.C. Cir. 1976); 
Electronic Industries Association v. FCC, 554 F.2d 1109 (D.C. Cir. 
1976); and Capital Cities Communication, Inc. v. FCC, 554 F.2d 1135 
(D.C. Cir. 1976). These decisions invalidated the license fee schedules 
promulgated by the Federal Communications Commission, and they provided 
the AEC with additional guidance for the prompt adoption and 
promulgation of an updated licensee fee schedule.
    On January 19, 1975, under the Energy Reorganization Act of 1974, 
the licensing and related regulatory functions of the AEC were 
transferred to the NRC. The NRC, prompted by recent court decisions 
concerning fee policy, developed new guidelines for use in fee 
development and the establishment of a new proposed fee schedule.
    The NRC published a summary of guidelines as a proposed rule (42 FR 
22149; May 2, 1977), and the Commission held a public meeting to 
discuss the summary of guidelines on May 12, 1977. A summary of the 
comments on the guidelines and the NRC's responses were published in 
the Federal Register (43 FR 7211; February 21, 1978).
    The U.S. Court of Appeals for the Fifth Circuit upheld the 
Commission's fee guidelines on August 24, 1979, in Mississippi Power 
and Light Co. v. U.S. Nuclear Regulatory Commission, 601 F.2d 223 (5th 
Cir. 1979), cert. denied, 444 U.S. 1102 (1980). This court held that--
    (1) The NRC had the authority to recover the full cost of providing 
services to identifiable beneficiaries;
    (2) The NRC could properly assess a fee for the costs of providing 
routine inspections necessary to ensure a licensee's compliance with 
the Atomic Energy Act of 1954, as amended, and with applicable 
regulations;
    (3) The NRC could charge for costs incurred in conducting 
environmental reviews required by the National Environmental Policy Act 
(42 U.S.C. 4321);
    (4) The NRC properly included the costs of uncontested hearings and 
of administrative and technical support services in the fee schedule;
    (5) The NRC could assess a fee for renewing a license to operate a 
low-level radioactive waste burial site; and
    (6) The NRC's fees were not arbitrary or capricious.

The NRC's Current Statutory Requirement for Cost Recovery Through Fees

    In 1986, Congress passed the Consolidated Omnibus Budget 
Reconciliation Act (COBRA) (H.R. 3128), which required the NRC to 
assess and collect annual charges from persons licensed by the 
Commission. These charges, when added to other amounts collected by the 
NRC, totaled about 33 percent of the NRC's estimated budget. In 
response to this mandate and separate congressional inquiry on NRC 
fees, the NRC prepared a report on alternative approaches to annual 
fees and published the decision on annual fees for power reactor 
operating licenses in 10 CFR part 171 for public comment (51 FR 24078; 
July 1, 1986). The final rule (51 FR 33224; September 18, 1986) 
included a summary of the comments and the NRC's related responses. The 
decision was challenged in the D.C. Circuit Court of Appeals and upheld 
in its entirety in Florida Power and Light Company v. United States, 
846 F.2d 765 (D.C. Cir. 1988), cert. denied, 490 U.S. 1045 (1989).
    In 1987, the NRC retained the established annual and 10 CFR part 
170 fee schedules in the Federal Register (51 FR 33224; September 18, 
1986).
    In 1988, the NRC was required to collect 45 percent of its budget 
authority through fees. The NRC published a proposed rule that included 
an hourly increase recommendation for public comment in the Federal 
Register (53 FR 24077; June 27, 1988). The NRC staff could not properly 
consider all comments received on the proposed rule. Therefore, on 
August 12, 1988, the NRC published an interim final rule in the Federal 
Register (53 FR 30423). The interim final rule was limited to changing 
the 10 CFR part 171 annual fees.
    In 1989, the Commission was required to collect 45 percent of its 
budget authority through fees. The NRC published a proposed fee rule in 
the Federal Register (53 FR 24077; June 25, 1988). A summary of the 
comments and the NRC's related responses was published in the Federal 
Register (53 FR 52632; December 28, 1988).

[[Page 21038]]

    On November 5, 1990, with respect to 10 CFR part 171, the Congress 
passed OBRA-90, requiring that the NRC collect 100 percent of its 
budget authority, less appropriations from the Nuclear Waste Fund 
(NWF), through the assessment of fees. The OBRA-90 allowed the NRC to 
collect user fees for the recovery of the costs of providing special 
benefits to identifiable applicants and licensees in compliance with 10 
CFR part 170 and under the authority of the IOAA (31 U.S.C. 9701). 
These fees recovered the cost of inspections, applications for new 
licenses and license renewals, and requests for license amendments. The 
OBRA-90 also allowed the NRC to recover annual fees under 10 CFR part 
171 for generic regulatory costs not otherwise recovered through 10 CFR 
part 170 fees. In compliance with OBRA-90, the NRC adjusted its fee 
regulations in 10 CFR parts 170 and 171 to be more comprehensive 
without changing their underlying basis. The NRC published these 
regulations in a proposed rule for public comment in the Federal 
Register (54 FR 49763; December 1, 1989). The NRC held three public 
meetings to discuss the proposed changes and questions. A summary of 
comments and the NRC's related responses was published in the Federal 
Register (55 FR 21173; May 23, 1990).
    In FYs 1991-2000, the NRC continued to comply with OBRA-90 
requirements in its proposed and final rules. In 1991, the NRC's annual 
fee rule methodology was challenged and upheld by the DC Circuit Court 
of Appeals in Allied Signal v. NRC, 988 F.2d 146 (D.C. Cir. 1993).
    The FY 2001 Energy and Water Development Appropriation Act amended 
OBRA-90 to decrease the NRC's fee recovery amount by 2 percent per year 
beginning in FY 2001, until the fee recovery amount was 90 percent in 
FY 2005.
    The FY 2006 Energy and Water Development Appropriation Act extended 
this 90 percent fee recovery requirement for FY 2006. Section 637 of 
the Energy Policy Act of 2005 made the 90 percent fee recovery 
requirement permanent in FY 2007.
    In addition to the requirements of OBRA-90, as amended, the NRC was 
also required to comply with the requirements of the Small Business 
Regulatory Enforcement Fairness Act of 1996. This Act encouraged small 
businesses to participate in the regulatory process, and required 
agencies to develop more accessible sources of information on 
regulatory and reporting requirements for small businesses and create a 
small entity compliance guide. The NRC, in order to ensure equitable 
fee distribution among all licensees, developed a fee methodology 
specifically for small entities that consisted of a small entity 
definition and the Small Business Administration's most common 
receipts-based size standards as described under the North American 
Industry Classification System (NAICS) identifying industry codes. The 
NAICS is the standard used by Federal statistical agencies to classify 
business establishments for the purposes of collecting, analyzing, and 
publishing statistical data related to the U.S. business economy. The 
purpose of this fee methodology was to lessen the financial impact on 
small entities through the establishment of a maximum fee at a reduced 
rate for qualifying licensees.
    In FY 2009, the NRC computed the small entity fee based on a 
biennial adjustment of 39 percent, a fixed percent applied to the prior 
2-year weighted average for all fee categories that have small entity 
licensees. The NRC also used 39 percent to compute the small entity 
annual fee for FY 2005, the same year the agency was required to 
recover only 90 percent of its budget authority. The methodology 
allowed small entity licensees to be able to predict changes in their 
fees in the biennial year based on the materials users' fees for the 
previous 2 years. Using a 2-year weighted average lessened the 
fluctuations caused by programmatic and budget variables within the fee 
categories for the majority of small entities. The agency also 
determined that there should be a lower-tier annual fee based on 22 
percent of the maximum small entity annual fee to further reduce the 
impact of fees.
    In FY 2011, the NRC applied this methodology, which would have 
resulted in an upper-tier small entity fee of $3,300, an increase of 74 
percent or $1,400 from FY 2009, and a lower-tier small entity fee of 
$700, an increase of 75 percent or $300 from FY 2009. The NRC 
determined that implementing this increase would have a 
disproportionate impact upon small licensees and performed a trend 
analysis to calculate the appropriate fee tier levels. From FY 2000 to 
FY 2008, $2,300 was the maximum upper-tier small entity fee and $500 
was the maximum lower-tier small entity fee. In order to lessen 
financial hardship for small entity licensees, the NRC concluded that 
for FY 2011 $2,300 should be the maximum upper-tier small entity fee 
and $500 should be the lower-tier small entity fee.
    In FY 2013, the NRC staff performed a biennial review using the fee 
methodology developed in FY 2009 that applies a fixed percentage of 39 
percent to the prior 2-year weighted average of materials users' fees. 
This methodology disproportionately impacted NRC's small licensees 
compared to other licensees; therefore, the NRC staff limited the 
increase to 21 percent, the same as FY 2011. The change resulted in a 
fee of $2,800 for an upper-tier small entity and $600 for a lower-tier 
small entity for FY 2013.
    The NRC staff believes these fees are reasonable and provide relief 
to small entities while at the same time recovering from those 
licensees some of the NRC's costs for activities that benefit them. For 
this fee rule, the small entity fees would remain unchanged. The next 
biennial review will be conducted in FY 2015.

III. Discussion

    In compliance with OBRA-90, as amended, and the AEA, the NRC 
proposes to amend its fee schedules for 10 CFR parts 170 and 171 to 
recover approximately 90 percent of its FY 2014 budget authority, less 
the amounts appropriated for WIR, the NWF, and generic homeland 
securities. The 10 CFR part 170 user fees, under the authority of the 
IOAA, recover the NRC's costs of providing special benefits to 
identifiable applicants and licensees. For example, the NRC assesses 
these fees to cover the costs of inspections, applications for new 
licenses and license renewals, and requests for license amendments. The 
10 CFR part 171 annual fees recover generic regulatory costs not 
otherwise recovered through 10 CFR part 170 fees.

FY 2014 Fee Collection

    The NRC received total appropriations of $1,055.9 million for FY 
2014 based on the Consolidated Appropriations Act (Public Law 113-76), 
signed by President Obama on January 17, 2014. The 2014 proposed fee 
rule is based on the anticipated distribution of funds for agency needs 
at the time of its development. The final rule will be adjusted to 
reflect any changes to the distribution of the NRC's FY 2014 
appropriation.
    Based on OBRA-90, as amended, the NRC is required to recover $930.7 
million through 10 CFR part 170 licensing and inspections and 10 CFR 
part 171 annual fees for FY 2014. This amount excludes non-fee items 
for WIR activities totaling $1.4 million, Inspector General services 
for the Defense Nuclear Facilities Safety Board totaling $0.9 million 
and generic homeland security

[[Page 21039]]

activities totaling $21.8 million. The fee recovery amount is $66.8 
million more than the amount estimated for recovery in FY 2013, an 
increase of 7.7 percent. The FY 2014 fee recovery amount is further 
decreased by $11.8 million to account for net collections as a result 
of billing adjustments (sum of unpaid current year invoices (estimated) 
minus payments for prior year invoices). This leaves approximately 
$918.9 million to be billed as fees in FY 2014 through 10 CFR part 170 
licensing and inspection fees and 10 CFR part 171 annual fees.
    Table I summarizes the proposed budget and fee recovery amounts for 
FY 2014. The FY 2013 amounts are provided for comparison purposes. 
(Individual values may not sum to totals due to rounding.)

                Table I--Budget and Fee Recovery Amounts
                          [Dollars in millions]
------------------------------------------------------------------------
                                      FY 2013  final   FY 2014  proposed
                                           rule               rule
------------------------------------------------------------------------
Total Budget Authority............             $985.6           $1,055.9
Less Non-Fee Items................              -25.7              -21.8
Balance...........................             $959.9           $1,034.1
Fee Recovery Rate.................                90%                90%
Total Amount to be Recovered:                   864.0              930.7
10 CFR Part 171 Billing
 Adjustments:
    Unpaid Current Year Invoices                  2.2                0.5
     (estimated)..................
    Less Current Year from                       -4.6                  0
     Collections (Terminated--
     Operating Reactors)..........
    Less Payments Received in                    -2.0              -12.3
     Current Year for Previous
     Year Invoices (estimated)....
                                   -------------------------------------
        Subtotal..................               -4.4              -11.8
Amount to be Recovered through 10              $859.6             $918.9
 CFR Parts 170 and 171 Fees.......
    Less Estimated 10 CFR Part 170             -327.1             -324.5
     Fees.........................
    Less Prior Year Unbilled 10                 -20.9                 -0
     CFR Part 170 Fees............
10 CFR Part 171 Fee Collections                $511.6             $594.4
 Required.........................
------------------------------------------------------------------------

    Based on the 90 percent estimated recovery amount of $930.7 
million, the NRC estimates that $324.5 million will be recovered from 
10 CFR part 170 fees in FY 2014, which represents a 6.7 percent 
decrease as compared to 10 CFR part 170 collections of $348 million for 
FY 2013.

Hourly Rate

    The NRC's hourly rate is used in assessing full cost fees for 
specific services provided, as well as flat fees for certain 
application reviews. The NRC is proposing to change the current hourly 
rate of $272 to $279 in FY 2014. This rate would be applicable to all 
activities for which fees are assessed under Sec. Sec.  170.21 and 
170.31.
    The FY 2014 hourly rate is 2.6 percent higher than the FY 2013 
hourly rate of $272. The increase in the hourly rate is due primarily 
to higher agency-budgeted resources and a decrease in the number of 
direct full-time equivalents (FTE) compared to FY 2013.
    The NRC's hourly rate is derived by dividing the sum of recoverable 
budgeted resources for: (1) Mission-direct program salaries and 
benefits; (2) mission-indirect program support; and (3) agency 
corporate support and the Inspector General (IG), by mission-direct FTE 
hours. The mission-direct FTE hours are the product of the mission-
direct FTE multiplied by the hours per direct FTE. The only budgeted 
resources excluded from the hourly rate are those for contract 
activities related to mission-direct and fee-relief activities.
    In FY 2013, the NRC used 1,351 hours per direct FTE, a decrease of 
20 hours from FY 2012, to calculate the hourly fees. The NRC has 
reviewed data from its time and labor system to determine if the annual 
direct hours worked per direct FTE estimate requires updating for the 
FY 2014 fee rule. Based on this review of the most recent data 
available, the NRC determined that 1,375 hours is the best estimate of 
direct hours worked annually per direct FTE. This estimate excludes all 
indirect activities such as training, general administration, and 
leave.
    Table II shows the results of the hourly rate calculation 
methodology. The FY 2013 amounts are provided for comparison purposes. 
(Individual values may not sum to totals due to rounding.)

                                        Table II--Hourly Rate Calculation
----------------------------------------------------------------------------------------------------------------
                                                           FY 2013 final rule           FY 2014 proposed rule
----------------------------------------------------------------------------------------------------------------
Mission-Direct Program Salaries & Benefits..........                        $345.1                        $359.2
Mission-Indirect Program Support....................                         $19.7                         $21.0
Agency Corporate Support, and the IG................                        $474.8                        $486.0
    Subtotal........................................                        $839.6                        $866.2
Less Offsetting Receipts............................                         -$0.0                         -$0.0
Total Budget Included in Hourly Rate (Millions of                           $839.6                        $866.2
 Dollars)...........................................
Mission-Direct FTE (Whole numbers)..................                         2,285                         2,254
Professional Hourly Rate (Total Budget Included in                            $272                          $279
 Hourly Rate divided by Mission-Direct FTE Hours)
 (Whole Numbers)....................................
----------------------------------------------------------------------------------------------------------------

    As shown in Table II, dividing the FY 2014 $866.2 million budget 
amount included in the hourly rate by total mission-direct FTE hours 
(2,254 FTE times 1,375 hours) results in an hourly rate of $279. The 
hourly rate is rounded to the nearest whole dollar.

[[Page 21040]]

Flat Application Fee Changes

    The NRC is proposing to adjust the current flat application fees in 
Sec. Sec.  170.21 and 170.31 to reflect the revised hourly rate of 
$279. These flat fees are calculated by multiplying the average 
professional staff hours needed to process the licensing actions by the 
proposed professional hourly rate for FY 2014. The agency estimates the 
average professional staff hours needed to process licensing actions 
every other year as part of its biennial review of fees performed in 
compliance with the Chief Financial Officers Act of 1990. The NRC last 
performed this review as part of the FY 2013 fee rulemaking. The higher 
hourly rate of $279 is the primary reason for the increase in 
application fees.
    The amounts of the materials licensing flat fees are rounded so 
that the fees would be convenient to the user and the effects of 
rounding would be minimal. Fees under $1,000 are rounded to the nearest 
$10, fees that are greater than $1,000 but less than $100,000 are 
rounded to the nearest $100, and fees that are greater than $100,000 
are rounded to the nearest $1,000.
    The proposed licensing flat fees are applicable for fee categories 
K.1. through K.5. of Sec.  170.21, and fee categories 1.C. through 
1.D., 2.B. through 2.F., 3.A. through 3.S., 4.B. through 9.D., 10.B., 
15.A. through 15.L., 15.R., and 16 of Sec.  170.31. Applications filed 
on or after the effective date of the FY 2014 final fee rule would be 
subject to the revised fees in the final rule.

Application of Fee-Relief and Low-Level Waste (LLW) Surcharge

    The NRC proposes to assess a total of $2.0 million to licensees' 
annual fees for both fee-relief activities and LLW surcharge based on 
their share of the fee recoverable budget authority. For this 
rulemaking, the NRC also proposes to establish rebaselined annual fees 
by changing the number of licensees in accordance to Public Law 112-10.
    Specifically, the NRC would use its fee-relief surplus to decrease 
all licensees' annual fees, based on their percentage share of the 
budget. The NRC would apply the 10 percent of its budget that is 
excluded from fee recovery under OBRA-90, as amended (fee relief), to 
offset the total budget allocated for activities that do not directly 
benefit current NRC licensees. The budget for these fee-relief 
activities is totaled and then reduced by the amount of the NRC's fee 
relief. Any difference between the fee-relief and the budgeted amount 
of these activities results in a fee-relief adjustment (increase or 
decrease) to all licensees' annual fees, based on their percentage 
share of the budget, which is consistent with the existing fee 
methodology.
    The FY 2014 budgetary resources for the NRC's fee-relief activities 
are $102.2 million. The NRC's 10-percent fee-relief amount in FY 2014 
is $103.4 million, leaving a $1.2 million surplus that would decrease 
all licensees' annual fees based on their percentage share of the 
budget. The FY 2014 budget for fee-relief activities increased from FY 
2013 due to factors such as increased rulemaking activities for 
research and test reactors, agreement state travel, and a reduction in 
decommissioning billings under 10 CFR part 170.
    Table III summarizes the fee-relief activities for FY 2014. The FY 
2013 amounts are provided for comparison purposes. (Individual values 
may not sum to totals due to rounding.)

                                        Table III--Fee-Relief Activities
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                Fee-relief activities                    FY 2013 Budgeted costs        FY 2014 Budgeted costs
----------------------------------------------------------------------------------------------------------------
1. Activities not attributable to an existing NRC
 licensee or class of licensee:
    a. International activities.....................                         $10.2                         $11.2
    b. Agreement State oversight....................                          10.3                          12.6
    c. Scholarships and Fellowships.................                          16.4                          18.9
    d. Medical Isotope Production...................                           3.5                           3.1
2. Activities not assessed under 10 CFR part 170
 licensing and inspection fees or 10 CFR part 171
 annual fees based on existing law or Commission
 policy:
    a. Fee exemption for nonprofit educational                                10.2                          11.9
     institutions...................................
    b. Costs not recovered from small entities under                           7.7                           8.4
     10 CFR 171.16(c)...............................
    c. Regulatory support to Agreement States.......                          16.3                          17.9
    d. Generic decommissioning/reclamation (not                               13.9                          17.2
     related to the power reactor and spent fuel
     storage fee classes)...........................
    e. In Situ leach rulemaking and unregistered                               1.3                           1.0
     general licensees..............................
    Total fee-relief activities.....................                          89.8                         102.2
Less 10 percent of the NRC's total FY budget (less                           -96.0                        -103.4
 non-fee items).....................................
Fee-Relief Adjustment to be Allocated to All                                  -6.2                          -1.2
 Licensees' Annual Fees.............................
----------------------------------------------------------------------------------------------------------------

    Table IV shows how the NRC would allocate the $1.2 million fee-
relief assessment adjustment to each license fee class. As explained 
previously, the NRC would allocate this fee-relief adjustment to each 
license fee class based on the percent of the budget for that fee class 
compared to the NRC's total budget. The fee-relief surplus adjustment 
is subtracted from the required annual fee recovery for each fee class.
    Separately, the NRC has continued to allocate the LLW surcharge 
based on the volume of LLW disposal of three classes of licenses: 
Operating reactors, fuel facilities, and materials users. Because LLW 
activities support NRC licensees, the costs of these activities are 
recovered through annual fees. In FY 2014, this allocation percentage 
would remain the same as FY 2013 based on a recent review of data by 
fee class.
    Table IV also shows the allocation of the LLW surcharge activity. 
For FY 2014, the total budget allocated for LLW activity is $3.2 
million. (Individual values may not sum to totals due to rounding.)

[[Page 21041]]



                    Table IV--Allocation of Fee-Relief Adjustment and LLW Surcharge, FY 2014
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                              LLW surcharge         Fee-relief        Total
                                                       --------------------------   adjustment  ----------------
                                                                                 ---------------
                                                        Percent         $         Percent    $          $
----------------------------------------------------------------------------------------------------------------
Operating Power Reactors..............................  53.0                1.7   86.5     -1.1             0.6
Spent Fuel Storage/Reactor Decommissioning............    --                 --    3.6     0.0              0.0
Research and Test Reactors............................    --                 --    0.3     0.0              0.0
Fuel Facilities.......................................  37.0                1.2    5.2     -0.1             1.1
Materials Users.......................................  10.0                0.3    2.8     -0.0             0.3
Transportation........................................    --                 --    0.5     -0.0             0.0
Uranium Recovery......................................    --                 --    1.2     -0.0             0.0
                                                       ---------------------------------------------------------
    Total.............................................  100.0               3.2   100.0    -1.2             2.0
----------------------------------------------------------------------------------------------------------------

Annual Fee Policy Change

    The staff examined 10 CFR 171.15(a) regarding independent spent 
fuel storage installation (ISFSI) licenses and determined that the 
current regulations are inconsistent with how other classes of 
licensees are assessed annual fees based on operational status. Under 
10 CFR part 171.15(a), licensees for new nuclear reactors under 10 CFR 
part 52, ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants,'' may not operate a facility and are not assessed annual fees 
until the Commission determines that the acceptance criteria in a 
combined license have been met as stated under 10 CFR 52.103(g). 
However, licensees under 10 CFR part 72, ``Licensing Requirements for 
the Independent Storage of Spent Nuclear Fuel and High-Level 
Radioactive Waste, and Reactor-Related Greater Than Class C Waste,'' 
that do not hold licenses under 10 CFR part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' or 10 CFR part 52 must pay an 
annual fee regardless of operational status. This creates a regulatory 
inconsistency because the NRC's current fee regulations fail to 
consider the Commission's requirement that 10 CFR part 72 licensees 
notify the Commission of their readiness to begin operations at least 
90 days prior to the first storage of spent fuel, high-level waste, or 
reactor-related Greater than Class C waste in an ISFSI or a monitored 
retrievable storage installation.
    In the cases of licensees under both 10 CFR part 72 and 10 CFR part 
52, the Commission ultimately determines a licensee's operational 
status through established criteria that either requires a licensee to 
notify the Commission of its readiness to operate or the Commission's 
finding that acceptance criteria in the combined license have been met 
before operation of a facility. The OBRA-90, as amended, requires the 
NRC to fairly and equitably recover the costs of providing regulatory 
services in its collection of fees from licensees. Therefore, the NRC 
proposes to modify 10 CFR 171.15(a) to allow an ISFSI licensee to be 
charged an annual fee when the licensee has the ability to use or to 
derive benefit from the license; this change would mirror the practice 
for licensees under the power reactor and fuel cycle facility fee 
categories.

Revised Annual Fees

    The NRC is required to establish rebaselined annual fees based on 
Public Law 112-10, which includes updating the number of NRC licensees 
in the FY 2014 fee calculations. Therefore, the NRC proposes to revise 
its annual fees in Sec. Sec.  171.15 and 171.16 for FY 2014 to recover 
approximately 90 percent of the NRC's FY 2014 budget authority, less 
non-fee amounts and the estimated amount to be recovered through 10 CFR 
part 170 fees. The estimated 10 CFR part 170 collections for this 
proposed rule total $324.5 million, a decrease of $23.4 million from 
the FY 2013 fee rule. The total amount to be recovered through annual 
fees for this proposed rule is $594.4 million, an increase of $82.8 
million from the FY 2013 final rule. The required annual fee collection 
in FY 2013 was $511.6 million.
    The Commission has determined (71 FR 30721; May 30, 2006) that the 
agency should proceed with a presumption in favor of rebaselining when 
calculating annual fees each year. Under this method, the NRC's budget 
is analyzed in detail, and budgeted resources are allocated to fee 
classes and categories of licensees. The Commission expects that for 
most years there will be budgetary and other changes that warrant the 
use of the rebaselining method.
    For FY 2014, the NRC's total fee recoverable budget, as mandated by 
law, is $930.7 million, an increase of $66.8 million compared to FY 
2013. The FY 2014 budget was allocated to the appropriate fee class 
based on budgeted activities. As compared with the FY 2013 annual fees, 
the FY 2014 proposed rebaselined fees decrease for three classes--spent 
fuel storage/reactor and decommissioning, fuel facilities, and U.S. 
Department of Energy (DOE) Transportation Activities. The annual fees 
increase for four fee classes--operating reactors, research and test 
reactors, materials users, and uranium recovery licensees.
    The factors affecting all annual fees include the distribution of 
budgeted costs to the different classes of licenses (based on the 
specific activities the NRC will perform in FY 2014), the estimated 10 
CFR part 170 collections for the various classes of licenses, and 
allocation of the fee-relief surplus adjustment to all fee classes. The 
percentage of the NRC's budget not subject to fee recovery remains at 
10 percent for FY 2014, the same as FY 2013.
    Table V shows the rebaselined fees for FY 2014 for a representative 
list of categories of licensees. The FY 2013 amounts are provided for 
comparison purposes. (Individual values may not sum to totals due to 
rounding.)

                    Table V--Rebaselined Annual Fees
------------------------------------------------------------------------
                                      FY 2013 final     FY 2014 proposed
    Class/category of licenses          annual fee         annual fee
------------------------------------------------------------------------
Operating Power Reactors                   $4,390,000         $5,328,000
 (Including Spent Fuel Storage/
 Reactor Decommissioning Annual
 Fee).............................

[[Page 21042]]

 
Spent Fuel Storage/Reactor                    231,000            224,000
 Decommissioning..................
Research and Test Reactors                     81,600             84,500
 (Nonpower Reactors)..............
High Enriched Uranium Fuel                  6,997,000          6,329,000
 Facility.........................
Low Enriched Uranium Fuel Facility          2,633,000          2,178,000
UF6 Conversion and Deconversion             1,429,000          1,293,000
 Facility.........................
Conventional Mills................             27,900             33,900
Typical Materials Users:
  Radiographers (Category 3O).....             27,200             29,800
  Well Loggers (Category 5A)......             12,600             13,600
  Gauge Users (Category 3P).......              6,400              6,800
  Broad Scope Medical (Category                32,900             35,700
   7B)............................
------------------------------------------------------------------------

    The work papers that support this proposed rule show in detail the 
allocation of the NRC's budgeted resources for each class of licenses 
and how the fees are calculated. The work papers are available as 
indicated in Section XIII, Availability of Documents, of this document.
    Paragraphs a. through h. of this section describe budgetary 
resources allocated to each class of licenses and the calculations of 
the rebaselined fees. Individual values in the tables presented in this 
section may not sum to totals due to rounding.
a. Fuel Facilities
    The FY 2014 budgeted costs to be recovered in the annual fees 
assessment to the fuel facility class of licenses (which includes 
licensees in fee categories 1.A.(1)(a), 1.A.(1)(b), 1.A.(2)(a), 
1.A.(2)(b), 1.A.(2)(c), 1.E., and 2.A.(1) under Sec.  171.16) are 
approximately $29.1 million. This value is based on the full cost of 
budgeted resources associated with all activities that support this fee 
class, which is reduced by estimated 10 CFR part 170 collections and 
adjusted for allocated generic transportation resources and fee-relief. 
In FY 2014, the LLW surcharge for fuel facilities is added to the 
allocated fee-relief adjustment (see Table IV in Section III.B.1, 
``Application of Fee-Relief and Low-Level Waste Surcharge,'' of this 
document). The summary calculations used to derive this value are 
presented in Table VI for FY 2014, with FY 2013 values shown for 
comparison. (Individual values may not sum to totals due to rounding.)

      Table VI--Annual Fee Summary Calculations For Fuel Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
     Summary fee calculations         FY 2013 final     FY 2014 proposed
------------------------------------------------------------------------
Total budgeted resources..........              $50.7              $47.2
Less estimated 10 CFR part 170                  -19.5              -19.2
 receipts.........................
Net 10 CFR part 171 resources.....               31.2               28.0
Allocated generic transportation..               +0.8                0.6
Fee-relief adjustment/LLW                        +0.9                1.1
 surcharge........................
Billing adjustments...............               -0.0               -0.6
    Total required annual fee                    32.9               29.1
     recovery.....................
------------------------------------------------------------------------

    The decrease in total budgeted resources for the fuel facilities 
fee class from FY 2013 to FY 2014 is primarily due to construction 
delays from the Fuel Cycle Oversight Process. The NRC allocates the 
total required annual fee recovery amount to the individual fuel 
facility licensees, based on the effort/fee determination matrix 
developed for the FY 1999 final fee rule (64 FR 31447; June 10, 1999). 
In the matrix included in the publicly-available NRC work papers, 
licensees are grouped into categories according to their licensed 
activities (i.e., nuclear material enrichment, processing operations, 
and material form) and the level, scope, depth of coverage, and rigor 
of generic regulatory programmatic effort applicable to each category 
from a safety and safeguards perspective. This methodology can be 
applied to determine fees for new licensees, current licensees, 
licensees in unique license situations, and certificate holders.
    This methodology is adaptable to changes in the number of licensees 
or certificate holders, licensed or certified material and/or 
activities, and total programmatic resources to be recovered through 
annual fees. When a license or certificate is modified, it may result 
in a change of category for a particular fuel facility licensee, as a 
result of the methodology used in the fuel facility effort/fee matrix. 
Consequently, this change may also have an effect on the fees assessed 
to other fuel facility licensees and certificate holders. For example, 
if a fuel facility licensee amends its license/certificate (e.g., 
decommissioning or license termination) that results in it not being 
subject to 10 CFR part 171 costs applicable to the fee class, then the 
budgeted costs for the safety and/or safeguards components will be 
spread among the remaining fuel facility licensees/certificate holders.
    The methodology is applied as follows. First, a fee category is 
assigned, based on the nuclear material and activity authorized by 
license or certificate. Although a licensee/certificate holder may 
elect not to fully use a license/certificate, the license/certificate 
is still used as the source for determining authorized nuclear material 
possession and use/activity. Second, the category and license/
certificate information are used to determine

[[Page 21043]]

where the licensee/certificate holder fits into the matrix. The matrix 
depicts the categorization of licensees/certificate holders by 
authorized material types and use/activities.
    Each year, the NRC's fuel facility project managers and regulatory 
analysts determine the level of effort associated with regulating each 
of these facilities. This is done by assigning, for each fuel facility, 
separate effort factors for the safety and safeguards activities 
associated with each type of regulatory activity. The matrix includes 
10 types of regulatory activities, including enrichment and scrap/
waste-related activities (see the work papers for the complete list). 
Effort factors are assigned as follows: One (low regulatory effort), 
five (moderate regulatory effort), and 10 (high regulatory effort). The 
NRC then totals separate effort factors for safety and safeguard 
activities for each fee category.
    The effort factors for the various fuel facility fee categories are 
summarized in Table VII. The value of the effort factors shown, as well 
as the percent of the total effort factor for all fuel facilities, 
reflects the total regulatory effort for each fee category (not per 
facility). This results in spreading of costs to other fee categories. 
The Uranium Enrichment fee category factors have shifted with minimal 
increases and decreases between safety and safeguards factors compared 
to FY 2013.

                                  Table VII--Effort Factors for Fuel Facilities
                                                    [FY 2014]
----------------------------------------------------------------------------------------------------------------
                                                                             Effort factors  (percent of total)
              Facility type (fee category)                   Number of     -------------------------------------
                                                             facilities           Safety           Safeguards
----------------------------------------------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))................                  2          89 (38.5)          97 (49.2)
Low-Enriched Uranium Fuel (1.A.(1)(b)).................                  3          70 (30.3)          26 (13.2)
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b))...                  1            3 (1.3)           15 (7.6)
Hot Cell (1.A.(2)(c))..................................                  1            6 (2.6)            3 (1.5)
Uranium Enrichment (1.E)...............................                  2          51 (22.1)          49 (24.9)
UF6 Conversion and Deconversion (2.A.(1))..............                  1           12 (5.2)            7 (3.6)
----------------------------------------------------------------------------------------------------------------

    For FY 2014, the total budgeted resources for safety activities, 
before the fee-relief adjustment is made, are $15.1 million. This 
amount is allocated to each fee category based on its percent of the 
total regulatory effort for safety activities. For example, if the 
total effort factor for safety activities for all fuel facilities is 
100, and the total effort factor for safety activities for a given fee 
category is 10, that fee category will be allocated 10 percent of the 
total budgeted resources for safety activities. Similarly, the budgeted 
resources amount of $12.9 million for safeguards activities is 
allocated to each fee category based on its percent of the total 
regulatory effort for safeguards activities. The fuel facility fee 
class' portion of the fee-relief adjustment, -$0.1 million, is 
allocated to each fee category based on its percent of the total 
regulatory effort for both safety and safeguards activities. The annual 
fee per licensee is then calculated by dividing the total allocated 
budgeted resources for the fee category by the number of licensees in 
that fee category. The fee (rounded) for each facility is summarized in 
Table VIII.

               Table VIII--Annual Fees for Fuel Facilities
------------------------------------------------------------------------
                                                        FY 2014 proposed
             Facility type (fee category)                  annual fee
------------------------------------------------------------------------
High-Enriched Uranium Fuel (1.A.(1)(a))..............         $6,329,000
Low-Enriched Uranium Fuel (1.A.(1)(b))...............          2,178,000
Gas Centrifuge Enrichment Demonstration (1.A.(2)(b)).          1,225,000
Hot Cell (and others) (1.A.(2)(c))...................            613,000
Uranium Enrichment (1.E.)............................          3,403,000
UF6 Conversion and Deconversion (2.A.(1))............          1,293,000
------------------------------------------------------------------------

b. Uranium Recovery Facilities
    The total FY 2014 budgeted costs to be recovered through annual 
fees assessed to the uranium recovery class (which includes licensees 
in fee categories 2.A.(2)(a), 2.A.(2)(b), 2.A.(2)(c), 2.A.(2)(d), 
2.A.(2)(e), 2.A.(3), 2.A.(4), 2.A.(5), and 18.B. under Sec.  171.16) 
are approximately $1.2 million. The derivation of this value is shown 
in Table IX, with FY 2013 values shown for comparison purposes.

     Table IX--Annual Fee Summary Calculations for Uranium Recovery
                               Facilities
                          [Dollars in millions]
------------------------------------------------------------------------
     Summary fee calculations         FY 2013  final   FY 2014  proposed
------------------------------------------------------------------------
Total budgeted resources..........               $9.9              $10.9
Less estimated 10 CFR part 170                   -8.9               -9.5
 receipts.........................
Net 10 CFR part 171 resources.....                1.0                1.3
Allocated generic transportation..                N/A                N/A
Fee-relief adjustment.............               -0.0               -0.0
Billing adjustments...............               -0.0               -0.1

[[Page 21044]]

 
Total required annual fee recovery                1.0                1.2
------------------------------------------------------------------------

    The increase in total budgeted resources and annual fees allocated 
to uranium recovery in FY 2014 is primarily due to an increase in 
environmental reviews, inspections, and licensing actions.
    Since FY 2002, the NRC has computed the annual fee for the uranium 
recovery fee class by allocating the total annual fee amount for this 
fee class between the DOE and the other licensees in this fee class. 
The NRC regulates DOE's Title I and Title II activities under the 
Uranium Mill Tailings Radiation Control Act (UMTRCA). The Congress 
established the two programs, Title I and Title II, under UMTRCA to 
protect the public and the environment from uranium milling. The UMTRCA 
Title I program is for remedial action at abandoned mill tailings sites 
where tailings resulted largely from production of uranium for the 
weapons program. The NRC also regulates DOE's UMTRCA Title II program, 
which is directed toward uranium mill sites licensed by the NRC or 
Agreement States in or after 1978.
    In FY 2014, the annual fee assessed to DOE includes recovery of the 
costs specifically budgeted for the NRC's UMTRCA Title I and II 
activities, plus 10 percent of the remaining annual fee amount, 
including generic/other costs (minus 10 percent of the fee-relief 
adjustment), for the uranium recovery class. The NRC assesses the 
remaining 90 percent generic/other costs minus 90 percent of the fee-
relief adjustment, to the other NRC licensees in this fee class that 
are subject to annual fees.
    The costs to be recovered through annual fees assessed to the 
uranium recovery class are shown in Table X.

Table X--Costs Recovered Through Annual Fees; Uranium Recovery Fee Class
------------------------------------------------------------------------
                                                        FY 2014 proposed
                  Summary of costs:                        annual fee
------------------------------------------------------------------------
DOE Annual Fee Amount (UMTRCA Title I and Title II)             $774,185
 General Licenses: UMTRCA Title I and Title II
 budgeted costs less 10 CFR part 170 receipts........
    10 percent of generic/other uranium recovery                  42,009
     budgeted costs..................................
    10 percent of uranium recovery fee-relief                     -1,448
     adjustment......................................
Total Annual Fee Amount for DOE (rounded)............            815,000
Annual Fee Amount for Other Uranium Recovery
 Licenses:
    90 percent of generic/other uranium recovery                 378,082
     budgeted costs less the amounts specifically
     budgeted for Title I and Title II activities....
    90 percent of uranium recovery fee-relief                    -13,035
     adjustment......................................
Total Annual Fee Amount for Other Uranium Recovery               365,047
 Licenses............................................
------------------------------------------------------------------------

    The DOE fee would increase by 16.4 percent in FY 2014 compared to 
FY 2013 due to increased budgetary resources for UMTRCA activities. 
Again, the annual fee for uranium recovery licensees would increase due 
to environmental reviews, inspections, and licensing actions.
    The NRC will continue to use a matrix, which is included in the 
work papers (ADAMS Accession No. ML14064A394), to determine the level 
of effort associated with conducting the generic regulatory actions for 
the different (non-DOE) licensees in this fee class. The weights 
derived in this matrix are used to allocate the approximately $378,082 
annual fee amount to these licensees. The use of this uranium recovery 
annual fee matrix was established in the FY 1995 final fee rule (60 FR 
32217; June 20, 1995). The FY 2014 matrix is described as follows.
    First, the methodology identifies the categories of licenses 
included in this fee class (besides DOE). These categories are: 
Conventional uranium mills and heap leach facilities; uranium In Situ 
Recovery (ISR) and resin ISR facilities mill tailings disposal 
facilities, as defined in Section 11e.(2) of the Atomic Energy Act 
(11e.(2) disposal facilities); and uranium water treatment facilities.
    Second, the matrix identifies the types of operating activities 
that support and benefit these licensees. The activities related to 
generic decommissioning/reclamation are not included in the matrix 
because they are included in the fee-relief activities. Therefore, they 
are not a factor in determining annual fees. The activities included in 
the matrix are operations, waste operations, and groundwater 
protection. The relative weight of each type of activity is then 
determined, based on the regulatory resources associated with each 
activity. The operations, waste operations, and groundwater protection 
activities have weights of 0, 5, and 10, respectively, in the matrix.
    Each year, the NRC determines the level of benefit to each licensee 
for generic uranium recovery program activities for each type of 
generic activity in the matrix. This is done by assigning, for each fee 
category, separate benefit factors for each type of regulatory activity 
in the matrix. Benefit factors are assigned on a scale of 0 to 10 as 
follows: 0 (no regulatory benefit), 5 (moderate regulatory benefit), 
and 10 (high regulatory benefit). These benefit factors are first 
multiplied by the relative weight assigned to each activity (described 
previously). The NRC then calculates total and per licensee benefit 
factors for each fee category. Therefore, these benefit factors reflect 
the relative regulatory benefit associated with each licensee and fee 
category.
    Table XI displays the benefit factors per licensee and per fee 
category, for each of the non-DOE fee categories included in the 
uranium recovery fee class as follows:

[[Page 21045]]



                             Table XI--Benefit Factors for Uranium Recovery Licenses
----------------------------------------------------------------------------------------------------------------
                                              Number of      Benefit factor                      Benefit factor
              Fee category                    licensees       per licensee       Total value      percent total
----------------------------------------------------------------------------------------------------------------
Conventional and Heap Leach mills                        1               150               150                 9
 (2.A.(2)(a))...........................
Basic In Situ Recovery facilities                        6               190             1,140                71
 (2.A.(2)(b))...........................
Expanded In Situ Recovery facilities                     1               215               215                13
 (2.A.(2)(c))...........................
11e.(2) disposal incidental to existing                  1                85                85                 5
 tailings sites (2.A.(4))...............
Uranium water treatment (2.A.(5)).......                 1                25                25                 2
                                         -----------------------------------------------------------------------
    Total...............................                10               665             1,615               100
----------------------------------------------------------------------------------------------------------------

    Applying these factors to the approximately $365,047 in budgeted 
costs to be recovered from non-DOE uranium recovery licensees results 
in the total annual fees for each fee category. The annual fee per 
licensee is calculated by dividing the total allocated budgeted 
resources for the fee category by the number of licensees in that fee 
category, as summarized in Table XII.

          Table XII--Annual Fees for Uranium Recovery Licensees
                            [Other than DOE]
------------------------------------------------------------------------
                                                        FY 2014 proposed
             Facility type (fee category)                  annual fee
------------------------------------------------------------------------
Conventional and Heap Leach mills (2.A.(2)(a))........           $33,900
Basic In Situ Recovery facilities (2.A.(2)(b))........            42,900
Expanded In Situ Recovery facilities (2.A.(2)(c)).....            48,600
11e.(2) disposal incidental to existing tailings sites            19,200
 (2.A.(4))............................................
Uranium water treatment (2.A.(5)).....................             5,700
------------------------------------------------------------------------

c. Operating Power Reactors
    The total budgeted costs to be recovered from the power reactor fee 
class in FY 2014 in the form of annual fees is $510.4 million, as shown 
in Table XIII. The FY 2013 values are shown for comparison. (Individual 
values may not sum to totals due to rounding.)

Table XIII--Annual Fee Summary Calculations for Operating Power Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
      Summary fee calculations          FY 2013 final   FY 2014 proposed
------------------------------------------------------------------------
Total budgeted resources............            $734.7            $799.3
Less estimated 10 CFR part 170                  -303.8            -280.4
 receipts...........................
                                     -----------------------------------
    Net 10 CFR part 171 resources...             430.9             518.9
Allocated generic transportation....               1.3               1.1
Fee-relief adjustment/LLW surcharge.              -3.4               0.6
Billing adjustment..................               0.2             -10.2
2nd billing adjustment (terminated                -4.6               0.0
 license)...........................
                                     -----------------------------------
    Total required annual fee                    424.2             510.4
     recovery.......................
------------------------------------------------------------------------

    The budgetary resources primarily increase in FY 2014 due to 
increased resources to support Fukushima Near-Term Task Force (NTTF) 
recommendations; Commission-directed high- and medium-priority 
rulemaking activities; the Force on Force program; and the maintenance, 
operation and eventual replacement of the Reactor Program System (RPS).
    The annual fees for power reactors increase primarily as a result 
of decreased 10 CFR part 170 billings, the decline in current year 
licensing actions, delays in major design certification applications 
and combined operating licensing, and the shutdown of two operating 
reactors (San Onofre Nuclear Generating Station Units 2 and 3). The 
budgeted costs to be recovered through annual fees to power reactors 
are divided equally among the 100 power reactors licensed to operate, 
resulting in an FY 2014 annual fee of $5,104,000 per reactor. 
Additionally, each power reactor licensed to operate would be assessed 
the FY 2014 spent fuel storage/reactor decommissioning annual fee of 
$224,000. The total FY 2014 annual fee is $5,328,000 for each power 
reactor licensed to operate. The annual fees for power reactors are 
presented in Sec.  171.15.
d. Spent Fuel Storage/Reactors in Decommissioning
    For FY 2014, budgeted costs of $27.5 million for spent fuel 
storage/reactor decommissioning would be recovered through annual fees 
assessed to 10 CFR part 50 power reactors, and to 10 CFR part 72 
licensees who do not hold a 10 CFR part 50 license. Those reactor 
licensees that have ceased operations and have no fuel onsite would not 
be subject to these annual fees. Table XIV shows the calculation of 
this annual fee amount. The FY 2013 values are shown for comparison. 
(Individual values may not sum to totals due to rounding.)

[[Page 21046]]



 Table XIV--Annual Fee Summary Calculations for the Spent Fuel Storage/
                  Reactor in Decommissioning Fee Class
                          [Dollars in millions]
------------------------------------------------------------------------
     Summary fee calculations         FY 2013 final     FY 2014 proposed
------------------------------------------------------------------------
Total budgeted resources..........              $33.4              $32.7
Less estimated 10 CFR part 170                   -5.4               -5.4
 receipts.........................
                                   -------------------------------------
    Net 10 CFR part 171 resources.               28.0               27.3
Allocated generic transportation..                0.6                0.6
Fee-relief adjustment.............               -0.2                0.0
Billing adjustments...............                0.0               -0.4
                                   -------------------------------------
    Total required annual fee                    28.4               27.5
     recovery.....................
------------------------------------------------------------------------

    The budgetary resources for this fee class are reduced in FY 2014 
due to a decline in Commission-directed improvements for storage and 
transportation processes. The required annual fee recovery amount is 
divided equally among 123 licensees, resulting in an FY 2014 annual fee 
of $224,000 per licensee.
e. Research and Test Reactors (Non-Power Reactors)
    Approximately $340,000 in budgeted costs would be recovered through 
annual fees assessed to the test and research reactor class of licenses 
for FY 2014. Table XV summarizes the annual fee calculation for the 
research and test reactors for FY 2014. The FY 2013 values are shown 
for comparison. (Individual values may not sum to totals due to 
rounding.)

Table XV--Annual Fee Summary Calculations for Research and Test Reactors
                          [Dollars in millions]
------------------------------------------------------------------------
     Summary fee calculations         FY 2013 final     FY 2014 proposed
------------------------------------------------------------------------
Total budgeted resources..........              $1.50              $2.63
Less estimated 10 CFR part 170                  -1.19              -2.28
 receipts.........................
                                   -------------------------------------
    Net 10 CFR part 171 resources.               0.30               0.35
Allocated generic transportation..               0.03               0.03
Fee-relief adjustment.............              -0.01              -0.04
Billing adjustments...............              -0.00              -0.40
                                   -------------------------------------
    Total required annual fee                    0.33               0.34
     recovery.....................
------------------------------------------------------------------------

    For FY 2014, budgetary resources for research and test reactors 
increase due to more emphasis on rulemaking activities to streamline 
license renewal processes. The annual fee for research and test 
reactors mainly increases due to increased budgetary resources. The 
required annual fee recovery amount is divided equally among the four 
research and test reactors subject to annual fees and results in an FY 
2014 annual fee of $84,500 for each licensee.
f. Rare Earth Facilities
    The agency does not anticipate receiving an application for a rare 
earth facility this fiscal year, so no budgeted resources are allocated 
to this fee class, and no annual fee would be published in FY 2014.
g. Materials Users
    For FY 2014, budget costs of $33.2 million for material users would 
be recovered through annual fees assessed to 10 CFR parts 30, 40, and 
70 licensees. Table XVI shows the calculation of the FY 2014 annual fee 
amount for materials users licensees. The FY 2013 values are shown for 
comparison. Note the following fee categories under Sec.  171.16 are 
included in this fee class: 1.C., 1.D., 1.F., 2.B., 2.C. through 2.F., 
3.A. through 3.S., 4.A. through 4.C., 5.A., 5.B., 6.A., 7.A. through 
7.C., 8.A., 9.A. through 9.D., and 17. (Individual values may not sum 
to totals due to rounding.)

     Table XVI--Annual Fee Summary Calculations for Materials Users
                          [Dollars in millions]
------------------------------------------------------------------------
     Summary fee calculations         FY 2013 final     FY 2014 proposed
------------------------------------------------------------------------
Total budgeted resources..........              $30.7              $32.8
Less estimated 10 CFR part 170                   -1.2              -$0.9
 receipts.........................
                                   -------------------------------------
    Net 10 CFR part 171 resources.               29.5               31.9
Allocated generic transportation..                1.5                1.3
Fee-relief adjustment/LLW                         0.2                0.3
 surcharge........................

[[Page 21047]]

 
Billing adjustments...............               -0.0               -0.3
                                   -------------------------------------
    Total required annual fee                    31.2               33.2
     recovery.....................
------------------------------------------------------------------------

    The total required annual fees to be recovered for materials 
licensees increase in FY 2014 mainly for oversight activities. To 
equitably and fairly allocate the $33.2 million in FY 2014 budgeted 
costs to be recovered in annual fees assessed to the approximately 
3,000 diverse materials users licensees, the NRC would continue to base 
the annual fees for each fee category within this class on the 10 CFR 
part 170 application fees and estimated inspection costs for each fee 
category. Because the application fees and inspection costs are 
indicative of the complexity of the license, this approach would 
continue to provide a proxy for allocating the generic and other 
regulatory costs to the diverse categories of licenses based on the 
NRC's cost to regulate each category. This fee calculation would also 
continue to consider the inspection frequency (priority), which is 
indicative of the safety risk and resulting regulatory costs associated 
with the categories of licenses.
    The annual fee for these categories of materials users' licenses is 
developed as follows:

Annual fee = Constant x [Application Fee + (Average Inspection Cost/
Inspection Priority)] + Inspection Multiplier x (Average Inspection 
Cost/Inspection Priority) + Unique Category Costs.

    The constant is the multiple necessary to recover approximately 
$23.8 million in general costs (including allocated generic 
transportation costs) and is 1.59 for FY 2014. The average inspection 
cost is the average inspection hours for each fee category multiplied 
by the hourly rate of $279. The inspection priority is the interval 
between routine inspections, expressed in years. The inspection 
multiplier is the multiple necessary to recover approximately $8.8 
million in inspection costs, and is 2.4 for FY 2014. The unique 
category costs are any special costs that the NRC has budgeted for a 
specific category of licenses. For FY 2014, approximately $238,500 in 
budgeted costs for the implementation of revised 10 CFR part 35, 
``Medical Use of Byproduct Material (unique costs),'' has been 
allocated to holders of NRC human-use licenses.
    The annual fee to be assessed to each licensee also includes a 
share of the fee-relief assessment of approximately $34,000 allocated 
to the materials users fee class (see Section III.B.1, ``Application of 
Fee-Relief and Low-Level Waste Surcharge,'' of this document), and for 
certain categories of these licensees, a share of the approximately 
$319,000 surcharge costs allocated to the fee class. The annual fee for 
each fee category is shown in Sec.  171.16(d).
h. Transportation
    Table XVII shows the calculation of the FY 2014 generic 
transportation budgeted resources to be recovered through annual fees. 
The FY 2013 values are shown for comparison. (Individual values may not 
sum to totals due to rounding.)

     Table XVII--Annual Fee Summary Calculations for Transportation
                          [Dollars in millions]
------------------------------------------------------------------------
     Summary fee calculations         FY 2013  final   FY 2014  proposed
------------------------------------------------------------------------
Total budgeted resources..........               $8.2               $8.0
Less estimated 10 CFR part 170                   -2.7               -3.1
 receipts.........................
                                   -------------------------------------
    Net 10 CFR part 171 resources.                5.5                4.9
------------------------------------------------------------------------

    The NRC must approve any package used for shipping nuclear material 
before shipment. If the package meets NRC requirements, the NRC issues 
a Radioactive Material Package Certificate of Compliance (CoC) to the 
organization requesting approval of a package. Organizations are 
authorized to ship radioactive material in a package approved for use 
under the general licensing provisions of 10 CFR part 71, ``Packaging 
and Transportation of Radioactive Material.'' The resources associated 
with generic transportation activities are distributed to the license 
fee classes based on the number of CoCs benefitting (used by) that fee 
class, as a proxy for the generic transportation resources expended for 
each fee class.
    The total FY 2014 budgetary resources for generic transportation 
activities, including those to support DOE CoCs, is $4.9 million. The 
decrease in 10 CFR part 171 resources in FY 2014 is primarily due to 
the winding down of 10 CFR parts 71 and 72 rulemaking activities and 
increased 10 CFR part 170 billing activities. Generic transportation 
resources associated with fee-exempt entities are not included in this 
total. These costs are included in the appropriate fee-relief category 
(e.g., the fee-relief category for nonprofit educational institutions).
    Consistent with the policy established in the NRC's FY 2006 final 
fee rule (71 FR 30721; May 30, 2006), the NRC would recover generic 
transportation costs unrelated to DOE as part of existing annual fees 
for license fee classes. The NRC would continue to assess a separate 
annual fee under Sec.  171.16, fee category 18.A., for DOE 
transportation activities. The amount of the allocated generic 
resources is calculated by multiplying the percentage of total CoCs 
used by each fee class (and DOE) by the total generic transportation 
resources to be recovered.
    The distribution of these resources to the license fee classes and 
DOE is shown in Table XVIII. The distribution

[[Page 21048]]

is adjusted to account for the licensees in each fee class that are 
fee-exempt. For example, if four CoCs benefit the entire research and 
test reactor class, but only 4 of 31 research and test reactors are 
subject to annual fees, the number of CoCs used to determine the 
proportion of generic transportation resources allocated to research 
and test reactor annual fees equals (4/31) x 4, or 0.5 CoCs.

                     Table XVIII--Distribution of Generic Transportation Resources, FY 2014
                                              [Dollars in millions]
----------------------------------------------------------------------------------------------------------------
                                                            Number CoCs                        Allocated generic
                 License fee class/DOE                     benefiting fee     Percentage of      transportation
                                                            class or DOE        total CoCs         resources
----------------------------------------------------------------------------------------------------------------
Total..................................................               85.5              100.0              $4.89
DOE....................................................               20.0               23.4               1.14
Operating Power Reactors...............................               20.0               23.4               1.14
Spent Fuel Storage/Reactor Decommissioning.............               11.0               12.9               0.63
Research and Test Reactors.............................                0.5                0.6               0.03
Fuel Facilities........................................               11.0               12.9               0.63
Materials Users........................................               23.0               26.9               1.32
----------------------------------------------------------------------------------------------------------------

    The NRC assesses an annual fee to DOE based on the 10 CFR part 71 
CoCs it holds and does not allocate these DOE-related resources to 
other licensees' annual fees, because these resources specifically 
support DOE. Note that DOE's annual fee includes a reduction for the 
fee-relief surplus adjustment (see Section III.B.1, Application of Fee-
Relief and Low-Level Waste Surcharge, of this document), resulting in a 
total annual fee of $1,084,000 for FY 2014. The annual fee decreases in 
FY 2014 are primarily due to the conclusion of 10 CFR parts 71 and 72 
rulemaking activities and an increase in 10 CFR part 170 billings.

Administrative Changes

    The NRC is proposing the following eight administrative changes:
    (1) Amend Definition for ``Research Reactor'' Under 10 CFR 170.3, 
``Definitions,'' To Correct Reference. A final rule was published in 
the Federal Register on August 1, 1968 (33 FR 10924), that added 10 CFR 
part 170 to the Code of Federal Regulations. The definitions section 
was contained in Sec.  170.3 and included the definitions for 
``research reactor'' and ``testing facility.'' However, the definitions 
section also originally included paragraph designations of (a), (b), 
(c), etc. The definition for ``research reactor'' was paragraph (h) and 
referenced paragraph (m), which was the definition for ``testing 
facility.'' In a final rule published on May 23, 1990 (55 FR 21179), 
the paragraph designations were removed and the definitions placed in 
alphabetical order. However, the reference contained in the definition 
for ``research reactor'' was not corrected to refer to the definition 
for ``testing facility'' and not ``paragraph (m).'' Therefore, the NRC 
proposes to amend the definition for ``research reactor'' to remove the 
reference to paragraph (m), which no longer exists. The proposed 
definition would correctly reference the definition for ``testing 
facility.''
    (2) Delete Language Under 10 CFR Part 170.12, ``Payment of Fees,'' 
Which Is Not Applicable to the Current Fleet of Licensees Regarding 
Deferred Application Costs. The NRC staff recently performed a query of 
the NRC's cost accounting system and determined current installment 
payment plans between the NRC and licensees have installment payment 
plan duration periods for up to 3 years in FY 2014, and current 
language regarding application costs deferred before August 9, 1991, is 
no longer applicable. Therefore, the NRC proposes to modify paragraph 
(b)(3) and delete paragraphs (b)(5), (b)(6) and (b)(7) of this section.
    (3) Amend Language Under 10 CFR 170.12, ``Payment of Fees,'' To 
Address Underpayment of Fees. The NRC proposes to modify 10 CFR 170.12 
to include a provision to allow for the collection of any underpayment 
in fees resulting from an error by the NRC. This provision would 
provide clarity to licensees that the NRC must collect fees resulting 
from billing errors to satisfy the requirements of OBRA-90, as amended.
    (4) Modify Language Under 10 CFR 170.31, ``Schedule of Fees for 
Materials Licenses and Other Regulatory Services, Including 
Inspections, and Import and Export Licenses,'' To Avoid Duplicate 
Billing. As currently written, the regulations in this section could 
allow licensees in certain fee categories to be charged duplicate fees 
for identical activities in similar fee categories. Therefore, the NRC 
proposes to modify the descriptions for three fee categories in this 
section by adding footnotes for fee categories 2.B., 3.P., and 7.C. 
These footnotes would provide an exemption from other fee category 
codes with identical activities associated with the license and avoid 
duplicate billing.
    (5) Modify Language Under 10 CFR 171.15, ``Annual Fees: Reactor 
Licenses and Spent Fuel Storage Reactor Licenses,'' To Correct the 
Types of Non-Power Reactors. The NRC proposes to modify the language 
under paragraphs (a) and (e) by replacing ``and'' with ``or'' to 
clarify that research reactors and test reactors are two types of non-
power reactors.
    (6) Modify Language Under 10 CFR 171.16, ``Annual Fees: Materials 
Licensees, Holders of Certificates of Compliance, Holders of Sealed 
Source and Device Registrations, Holders of Quality Assurance Program 
Approvals, and Government Agencies Licensed by the NRC,'' To Avoid 
Duplicate Billing. As currently written, the regulations in this 
section could allow licensees in certain fee categories to be charged 
duplicate fees for identical activities in similar fee categories. 
Therefore, the NRC proposes to modify the descriptions for three fee 
categories in this section by adding footnotes for fee categories 2.B., 
3.P., and 7.C. These footnotes would provide an exemption from other 
fee category codes that have identical activities associated with the 
license and avoid duplicate billing.
    (7) Amend Language Under 10 CFR 171.19, ``Payment,'' To Address 
Underpayment of Fees. The NRC proposes to modify 10 CFR 171.19 to 
include a provision to allow for the collection of any underpayment in 
fees resulting from an error by the NRC. This provision would provide 
clarity to licensees that the NRC must collect fees resulting from 
billing errors to satisfy the requirements of OBRA-90, as amended.
    (8) Add New Paragraph Regarding Filing Fee Exemptions Requests. The 
current placement of the language identifying the time period to file 
an

[[Page 21049]]

exemption request under 10 CFR 171.11, ``Exemptions,'' implies that 
only one exemption criterion is subject to the filing period, when all 
exemption criteria are subject to same filing period. Therefore, the 
NRC proposes to remove the language currently under paragraph (b) 
concerning the filing period for fee exemption requests and move it to 
a new paragraph (a) to emphasize the time period is required for all 
exemption requests filed by licensees with the NRC. Current paragraphs 
(a), (b), (c), and (d) would be redesignated as paragraphs (b), (c), 
(d), and (e), respectively.

FY 2014 Billing

    The NRC plans to publish the final fee rule no later than June 
2014. The FY 2014 final fee rule will be a major rule as defined by the 
Congressional Review Act of 1996 (5 U.S.C. 801-808). Therefore, the 
NRC's fee schedules for FY 2014 will become effective 60 days after 
publication of the final rule in the Federal Register. Upon publication 
of the final rule, the NRC will send an invoice for the amount of the 
annual fees to reactor licensees, 10 CFR part 72 licensees, major fuel 
cycle facilities, and other licensees with annual fees of $100,000 or 
more. For these licensees, payment is due on the effective date of the 
FY 2014 final rule. Because these licensees are billed quarterly, the 
payment amount due is the total FY 2014 annual fee less payments made 
in the first three quarters of the fiscal year.
    Materials licensees with annual fees of less than $100,000 are 
billed annually. Those materials licensees whose license anniversary 
date during FY 2014 falls before the effective date of the FY 2014 
final rule will be billed for the annual fee during the anniversary 
month of the license at the FY 2013 annual fee rate. Those materials 
licensees whose license anniversary date falls on or after the 
effective date of the FY 2014 final rule will be billed for the annual 
fee at the FY 2014 annual fee rate during the anniversary month of the 
license, and payment will be due on the date of the invoice.

IV. Section-by-Section Analysis

    The following paragraphs describe the specific changes proposed by 
this rulemaking.

10 CFR 170.3, Definitions

    The NRC proposes to amend the definition of ``research reactor'' to 
correctly reference the definition of ``testing facility.''

10 CFR 170.12, Payments of Fees

    The NRC proposes to modify paragraph (b)(3) and delete paragraphs 
(b)(5), (b)(6), and (b)(7) based on the latest accounting cost system 
information, which deems the current language referencing application 
costs deferred before August 9, 1991, as obsolete. The NRC also 
proposes to add a new paragraph (g) to clarify that the NRC is 
authorized to collect any underpayment of fees from licensees to 
satisfy the requirements of OBRA-90, as amended.

10 CFR 170.20, Average Cost per Professional Staff Hour

    The NRC proposes to revise this section to reflect the proposed 
hourly rate for FY 2014.

10 CFR 170.21, Schedule of Fees for Production or Utilization 
Facilities, Review of Standard Referenced Design Approvals, Special 
Projects, Inspections, and Import and Export Licenses

    The NRC proposes to revise fees for fee category code K. to reflect 
the FY 2014 proposed hourly rate for flat fee applications.

10 CFR 170.31, Schedule of Fees for Materials Licenses and Other 
Regulatory Services, Including Inspections, and Import and eExport 
Licenses

    The NRC is proposing to revise the fee category description for 
2.B. by adding footnotes 6, 7, and 8 to avoid duplicate billing and to 
provide exemptions of fees from fee category codes with identical 
requirements. The NRC is also proposing to revise the fee category 
descriptions for 3.P. and 7.C. by adding footnotes 9 and 10, 
respectively, for the same reasons.

10 CFR 171.11, Exemptions.

    The NRC is proposing to redesignate paragraphs (a), (b), (c), and 
(d) as paragraphs (b), (c), (d), and (e), respectively, add a new 
paragraph (a), and revise newly redesignated paragraph (c) to clarify 
the time period for filing exemption requests applies to all exemption 
criteria instead of one exemption criterion.

10 CFR 171.15, Annual Fees: Reactor Licenses and Independent Fuel 
Storage Licenses

    The NRC proposes to revise paragraph (a) to allow an ISFSI licensee 
to be charged an annual fee only when the licensee has the ability to 
use or to derive benefit from the license. The NRC proposes to further 
revise paragraph (a) by replacing ``and'' with ``or'' to clarify that 
research reactors and test reactors are two separate types of non-power 
reactors. The NRC proposes to revise paragraph (b)(1) to reflect the 
required FY 2014 annual fee to be collected from each operating power 
reactor by September 30, 2014. The NRC proposes to revise the 
introductory text of paragraph (b)(2) to reflect FY 2014 in reference 
to annual fees and fee relief adjustment. The NRC proposes to revise 
paragraph (c)(1) and the introductory text of paragraph (c)(2) to 
reflect the FY 2014 spent fuel storage/reactor decommissioning and 
spent fuel storage annual fee for 10 CFR part 50 licenses and 10 CFR 
part 72 licensees who do not hold a 10 CFR part 50 license, and the FY 
2014 fee relief adjustment. The NRC proposes to revise the introductory 
text of paragraph (d)(1) and paragraphs (d)(2) and (d)(3) to reflect 
the FY 2014 fee-relief adjustment for the operating reactor power class 
of licenses, the number of operating power reactors, and the FY 2014 
fee relief adjustment for spent fuel storage reactor decommissioning 
class of licenses. The NRC proposes to revise paragraph (e) to reflect 
the FY 2014 annual fees for research reactors and test reactors. The 
NRC proposes to further revise paragraph (e) by replacing ``and'' with 
``or'' to clarify that research reactors and test reactors or two 
separate types of non-power reactors.

10 CFR 171.16, Annual Fees: Materials Licensees, Holders of 
Certificates of Compliance, Holders of Sealed Source and Device 
Registrations, Holders of Quality Assurance Program Approvals, and 
Government Agencies Licensed by the NRC

    The NRC is proposing to revise paragraphs (d) and (e) to reflect FY 
2014 annual fees and the FY 2014 fee-relief adjustment. The NRC is 
proposing to revise fee category code description to 2.B. to add 
footnotes 16, 17, and 18 to avoid duplicate billing and to provide an 
exemption of fees from fee category codes with identical requirements. 
The NRC is also proposing to revise fee category code descriptions 3.P. 
and 7.C. to add footnotes 19 and 20, respectively, for the same 
reasons.

10 CFR 171.19, Payment of Fees

    The NRC is proposing to add paragraph (f) to clarify that the NRC 
is authorized to collect any underpayment of fees from licensees to 
satisfy the requirements of OBRA-90, as amended.

V. Regulatory Flexibility Certification

    Section 604 of the Regulatory Flexibility Act requires agencies to 
perform an analysis that considers the impact of a rulemaking on small

[[Page 21050]]

entities. The NRC prepared a FY 2013 biennial regulatory flexibility 
analysis in accordance with the FY 2001 final rule (66 FR 32467; June 
14, 2001). This rule also stated the small entity fees will be 
reexamined every 2 years and in the same years the NRC conducts the 
biennial review of fees as required by the Office of Chief Financial 
Officer Act. For the FY 2013 final rule, small entity fees increased to 
$2,800 for the maximum upper-tier small entity fee and increased to 
$600 for the lower-tier small entity fee as a result of the biennial 
review, which factored in the number of increased hours for application 
reviews and inspections in the fee calculations. These fees remain 
unchanged for this proposed rule. The NRC's regulatory flexibility 
analysis for the FY 2013 final rule is available as indicated in 
Section XIII, Availability of Documents, of this document. The next 
small entity biennial review is scheduled for FY 2015.

VI. Regulatory Analysis

    Under OBRA-90, as amended, and the AEA, the NRC is required to 
recover 90 percent of its budget authority, or total appropriations of 
$1,055.9 million, in FY 2014. The NRC established fee methodology 
guidelines for 10 CFR part 170 in 1978, and more fee methodology 
guidelines through the establishment of 10 CFR part 171 in 1986. In 
subsequent rulemakings, the NRC has adjusted its fees without changing 
the underlying principles of its fee policy in order to ensure that the 
NRC continues to comply with the statutory requirements for cost 
recovery in OBRA-90 and the AEA.
    In this rulemaking, the NRC continues this long-standing approach. 
Therefore, the NRC did not identify any alternatives to the current fee 
structure guidelines and did not prepare a regulatory analysis for this 
rulemaking.

VII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this proposed rule and that a backfit analysis is not 
required. A backfit analysis is not required because these amendments 
do not require the modification of, or addition to, systems, 
structures, components, or the design of a facility, or the design 
approval or manufacturing license for a facility, or the procedures or 
organization required to design, construct, or operate a facility.

VIII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on the proposed rule with respect to 
the clarity and effectiveness of the language used.

IX. National Environmental Policy Act

    The NRC has determined that this proposed rule is the type of 
action described in 10 CFR 51.22(c)(1). Therefore, neither an 
environmental impact statement nor environmental assessment has been 
prepared for this proposed rule.

IX. Paperwork Reduction Act

    This proposed rule does not contain any information collection 
requirements and, therefore, is not subject to the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

XI. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. In this proposed fee rule, the 
NRC is proposing to amend the licensing, inspection, and annual fees 
charged to its licensees and applicants, as necessary, to recover 
approximately 90 percent of its budget authority in FY 2014, as 
required by OBRA-90, as amended. This action does not constitute the 
establishment of a standard that contains generally applicable 
requirements.

XII. Availability of Guidance

    The Small Business Regulatory Enforcement Fairness Act requires all 
Federal agencies to prepare a written compliance guide for each rule 
for which the 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 2013 final 
fee rule. This document, which has been relabeled for FY 2014, is 
available as indicated in Section XIII, Availability of Documents, of 
this document. The next compliance guide will be developed when the NRC 
completes the next small entity biennial review in FY 2015.

XIII. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                          ADAMS Accession No./Web Link/
                Document                    Federal Register Citation
------------------------------------------------------------------------
FY 2014 Proposed Fee Rule Work Papers..  ML14064A394.
FY 2013 Regulatory Flexibility Analysis  ML13067A088.
FY 2014 U.S. Nuclear Regulatory          ML14055A070.
 Commission Small Entity Compliance
 Guide.
NUREG-1100, Volume 29, ``Congressional   http://www.nrc.gov/reading-rm/
 Budget Justification: Fiscal Year        doc-collections/nuregs/staff/
 2014'' (April 2013).                     sr1100/v29/.
NRC Form 526, Certification of Small     http://www.nrc.gov/reading-rm/
 Entity Status for the Purposes of        doc-collections/forms/
 Annual Fees Imposed under 10 CFR Part    nrc526.pdf.
 171.
------------------------------------------------------------------------

    Throughout the development of this rule, the NRC may post documents 
related to this rule, including public comments, on the Federal 
rulemaking Web site at http://www.regulations.gov under Docket ID NRC-
2013-0276. The Federal rulemaking Web site allows you to receive alerts 
when changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder NRC-2013-0276; (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

[[Page 21051]]

List of Subjects

10 CFR Part 170

    Byproduct material, Import and export licenses, Intergovernmental 
relations, Non-payment penalties, Nuclear materials, Nuclear power 
plants and reactors, Source material, Special nuclear material.

10 CFR Part 171

    Annual charges, Byproduct material, Holders of certificates, 
registrations, approvals, Intergovernmental relations, Nonpayment 
penalties, Nuclear materials, Nuclear power plants and reactors, Source 
material, Special nuclear material.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR parts 170 and 171.

PART 170--FEES FOR FACILITIES, MATERIALS IMPORT AND EXPORT LICENSES 
AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, 
AS AMENDED

0
1. The authority citation for part 170 continues to read as follows:

    Authority:  Independent Offices Appropriations Act sec. 501 (31 
U.S.C. 9701); Atomic Energy Act sec. 161(w) (42 U.S.C. 2201(w)); 
Energy Reorganization Act sec. 201 (42 U.S.C. 5841); Chief Financial 
Officers Act sec. 205 (31 U.S.C. 901, 902); Government Paperwork 
Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act 
secs. 623, Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58, 
119 Stat. 783 (42 U.S.C. 2201(w), 2014, 2021, 2021b, 2111).
0
2. In Sec.  170.3, revise the definition ``research reactor'' to read 
as follows:


Sec.  170.3  Definitions.

* * * * *
    Research reactor means a nuclear reactor licensed by the Commission 
under the authority of subsection 104c of the Act and pursuant to the 
provisions of Sec.  50.21(c) of this chapter for operation at a thermal 
power level of 10 megawatts or less, and which is not a testing 
facility as defined in this section.
* * * * *
0
3. In Sec.  170.12, revise paragraph (b)(3), remove paragraphs (b)(5) 
through (7), and add paragraph (g).
    The revision and addition read as follows:


Sec.  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 is completed.
* * * * *
    (g) Collection of underpayment of fees. The NRC is entitled to 
collect any underpayment of fees as a result of an error by the NRC.
0
4. Revise Sec.  170.20 to read as follows:


Sec.  170.20  Average cost per professional staff-hour.

    Fees for permits, licenses, amendments, renewals, special projects, 
10 CFR part 55 re-qualification and replacement examinations and tests, 
other required reviews, approvals, and inspections under Sec. Sec.  
170.21 and 170.31 will be calculated using the professional staff-hour 
rate of $279 per hour.
0
5. In Sec.  170.21, in the table, revise the fee category K to read as 
follows:


Sec.  170.21  Schedule of fees for production or utilization 
facilities, review of standard referenced design approvals, special 
projects, inspections, and import and export licenses.

* * * * *

                        Schedule of Facility Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
          Facility categories and type of fees               Fees 1 2
------------------------------------------------------------------------
 
                              * * * * * * *
K. Import and export licenses:
    Licenses for the import and export only of
     production or utilization facilities or the export
     only of components for production or utilization
     facilities issued under 10 CFR part 110.
        1. Application for import or export of
         production or utilization facilities \4\
         (including reactors and other facilities) and
         exports of components requiring Commission and
         Executive Branch review, for example, actions
         under 10 CFR 110.40(b).
            Application--new license, or amendment; or           $18,200
             license exemption request
        2. Application for export of reactor and other
         components requiring Executive Branch review,
         for example, those actions under 10 CFR
         110.41(a).
            Application--new license, or amendment; or             9,800
             license exemption request
        3. Application for export of components
         requiring the assistance of the Executive
         Branch to obtain foreign government assurances.
            Application--new license, or amendment; or             4,500
             license exemption request
        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             3,400
             license exemption request
        5. Minor amendment of any active export or
         import license, for example, to extend the
         expiration date, change domestic information,
         or make other revisions which do not involve
         any substantive changes to license terms or
         conditions or to the type of facility or
         component authorized for export and, therefore,
         do not require in-depth analysis or review or
         consultation with the Executive Branch, U.S.
         host state, or foreign government authorities.
            Minor amendment to license                             1,400
------------------------------------------------------------------------
\1\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under Sec.   2.202 of
  this chapter or for amendments resulting specifically from the
  requirements of these orders. For orders unrelated to civil penalties
  or other civil sanctions, fees will be charged for any resulting
  licensee-specific activities not otherwise exempted from fees under
  this chapter. Fees will be charged for approvals issued under a
  specific exemption provision of the Commission's regulations under
  Title 10 of the Code of Federal Regulations (e.g., 10 CFR 50.12, 10
  CFR 73.5) and any other sections in effect now or in the future,
  regardless of whether the approval is in the form of a license
  amendment, letter of approval, safety evaluation report, or other
  form.

[[Page 21052]]

 
\2\ Full 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.

0
6. In Sec.  170.31, revise the table to read as follows:


Sec.  170.31  Schedule of fees for materials licenses and other 
regulatory services, including inspections, and import and export 
licenses.

* * * * *

                       Schedule of Materials Fees
                     [See footnotes at end of table]
------------------------------------------------------------------------
Category of materials licenses and type of fees
                      \1\                                Fee 2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-
     235 or plutonium for fuel fabrication
     activities.
            (a) Strategic Special Nuclear        Full Cost.
             Material (High Enriched Uranium)
             [Program Code(s): 21130].
            (b) Low Enriched Uranium in          Full Cost.
             Dispersible Form Used for
             Fabrication of Power Reactor Fuel
             [Program Code(s): 21210].
        (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          Full Cost.
             operations [Program Code(s):
             21310, 21320].
            (b) Gas centrifuge enrichment        Full Cost.
             demonstration facilities.
            (c) Others, including hot cell       Full Cost.
             facilities.
    B. Licenses for receipt and storage of       Full Cost.
     spent fuel and reactor-related Greater
     than Class C (GTCC) waste at an
     independent spent fuel storage
     installation (ISFSI) [Program Code(s):
     23200].
    C. Licenses for possession and use of
     special nuclear material of less than a
     critical mass as defined in Sec.   70.4 in
     sealed sources contained in devices used
     in industrial measuring systems, including
     x-ray fluorescence analyzers.\4\
        Application [Program Code(s): 22140]...  $1,300.
    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
     Sec.   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,     $2,600.
         22111, 22120, 22131, 22136, 22150,
         22151, 22161, 22170, 23100, 23300,
         23310].
    E. Licenses or certificates for              Full Cost.
     construction and operation of a uranium
     enrichment facility [Program Code(s):
     21200].
    F. For special nuclear materials licenses    Full Cost.
     in sealed or unsealed form of greater than
     a critical mass as defined in Sec.   70.4
     of this chapter.\4\ [Program Code(s):
     22155].
2. Source material:
    A. (1) Licenses for possession and use of    Full Cost.
     source material for refining uranium mill
     concentrates to uranium hexafluoride or
     for deconverting uranium hexafluoride in
     the production of uranium oxides for
     disposal. [Program Code(s): 11400].
        (2) Licenses for possession and use of
         source material in recovery operations
         such as milling, in-situ recovery,
         heap-leaching, ore buying stations,
         ion-exchange facilities, and in
         processing of ores containing source
         material for extraction of metals
         other than uranium or thorium,
         including licenses authorizing the
         possession of byproduct waste material
         (tailings) from source material
         recovery operations, as well as
         licenses authorizing the possession
         and maintenance of a facility in a
         standby mode.
            (a) Conventional and Heap Leach      Full Cost.
             facilities [Program Code(s):
             11100].
            (b) Basic In Situ Recovery           Full Cost.
             facilities [Program Code(s):
             11500].
            (c) Expanded In Situ Recovery        Full Cost.
             facilities [Program Code(s):
             11510].
            (d) In Situ Recovery Resin           Full Cost.
             facilities [Program Code(s):
             11550].
            (e) Resin Toll Milling facilities    Full Cost.
             [Program Code(s): 11555].
            (f) Other facilities [Program        Full Cost.
             Code(s): 11700].
        (3) Licenses that authorize the receipt  Full Cost.
         of byproduct material, as defined in
         Section 11e.(2) of the Atomic Energy
         Act, from other persons for possession
         and disposal, except those licenses
         subject to the fees in Category
         2.A.(2) or Category 2.A.(4) [Program
         Code(s): 11600, 12000].
        (4) Licenses that authorize the receipt  Full Cost.
         of byproduct material, as defined in
         Section 11e.(2) of the Atomic Energy
         Act, from other persons for possession
         and disposal incidental to the
         disposal of the uranium waste tailings
         generated by the licensee's milling
         operations, except those licenses
         subject to the fees in Category
         2.A.(2) [Program Code(s): 12010].
        (5) Licenses that authorize the          Full Cost.
         possession of source material related
         to removal of contaminants (source
         material) from drinking water [Program
         Code(s): 11820].
    B. Licenses which authorize the possession,
     use, and/or installation of source
     material for shielding.6 7 8
        Application [Program Code(s): 11210]...  $1,230.
    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]...  $6,900.
    D. Licenses to distribute source material
     to persons generally licensed under part
     40 of this chapter.
        Application [Program Codes(s): 11230,    $2,000.
         11231].
    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.

[[Page 21053]]

 
        Application [Program Code(s): 11200,     $2,800.
         11220, 11221, 11300, 11800, 11810].
3. Byproduct material:
    A. Licenses of broad scope for the
     possession and use of byproduct material
     issued under parts 30 and 33 of this
     chapter for processing or manufacturing of
     items containing byproduct material for
     commercial distribution.
        Application [Program Code(s): 03211,     $13,100.
         03212, 03213].
    B. Other licenses for possession and use of
     byproduct material issued under part 30 of
     this chapter for processing or
     manufacturing of items containing
     byproduct material for commercial
     distribution.
        Application [Program Code(s): 03214,     $3,900.
         03215, 22135, 22162].
    C. Licenses issued under Sec.  Sec.   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 Sec.   170.11(a)(4).
        Application [Program Code(s): 02500,     $4,900.
         02511, 02513].
    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,     $3,200.
         03520].
    F. Licenses for possession and use of less
     than 10,000 curies of byproduct material
     in sealed sources for irradiation of
     materials in which the source is exposed
     for irradiation purposes. This category
     also includes underwater irradiators for
     irradiation of materials where the source
     is not exposed for irradiation purposes.
        Application [Program Code(s): 03511]...  $6,500.
    G. Licenses for possession and use of
     10,000 curies or more of byproduct
     material in sealed sources for irradiation
     of materials in which the source is
     exposed for irradiation purposes. This
     category also includes underwater
     irradiators for irradiation of materials
     where the source is not exposed for
     irradiation purposes.
        Application [Program Code(s): 03521]...  $62,400.
    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,     $5,100.
         03255, 03257].
    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,     $11,500.
         03251, 03252, 03253, 03256].
    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,     $2,000.
         03241, 03243].
    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,     $1,100.
         03244].
    L. Licenses of broad scope for possession
     and use of byproduct material issued under
     parts 30 and 33 of this chapter for
     research and development that do not
     authorize commercial distribution.
        Application [Program Code(s): 01100,     $5,500.
         01110, 01120, 03610, 03611, 03612,
         03613].
    M. Other licenses for possession and use of
     byproduct material issued under part 30 of
     this chapter for research and development
     that do not authorize commercial
     distribution.
        Application [Program Code(s): 03620]...  $3,700.
    N. Licenses that authorize services for
     other licensees, except: (1) Licenses that
     authorize only calibration and/or leak
     testing services are subject to the fees
     specified in fee Category 3.P.; and (2)
     Licenses that authorize waste disposal
     services are subject to the fees specified
     in fee Categories 4.A., 4.B., and 4.C.
        Application [Program Code(s): 03219,     $7,400.
         03225, 03226].
    O. Licenses for possession and use of
     byproduct material issued under part 34 of
     this chapter for industrial radiography
     operations.
        Application [Program Code(s): 03310,     $4,100.
         03320].
    P. All other specific byproduct material
     licenses, except those in Categories 4.A.
     through 9.D.\9\
        Application [Program Code(s): 02400,     $2,000.
         02410, 03120, 03121, 03122, 03123,
         03124, 03130, 03140, 03220, 03221,
         03222, 03800, 03810, 22130].
    Q. Registration of a device(s) generally
     licensed under part 31 of this chapter.
        Registration...........................  $400.
    R. Possession of items or products
     containing radium-226 identified in 10 CFR
     31.12 which exceed the number of items or
     limits specified in that section.\5\
        1. Possession of quantities exceeding
         the number of items or limits in 10
         CFR 31.12(a)(4), or (5) but less than
         or equal to 10 times the number of
         items or limits specified.
            Application [Program Code(s):        $2,600.
             02700].
        2. Possession of quantities exceeding
         10 times the number of items or limits
         specified in 10 CFR 31.12(a)(4), or
         (5).
            Application [Program Code(s):        $2,000.
             02710].
    S. Licenses for production of accelerator-
     produced radionuclides.

[[Page 21054]]

 
        Application [Program Code(s): 03210]...  $13,200.
4. Waste disposal and processing:
    A. Licenses specifically authorizing the
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of contingency storage or
     commercial land disposal by the licensee;
     or licenses authorizing contingency
     storage of low-level radioactive waste at
     the site of nuclear power reactors; or
     licenses for receipt of waste from other
     persons for incineration or other
     treatment, packaging of resulting waste
     and residues, and transfer of packages to
     another person authorized to receive or
     dispose of waste material. [Program
     Code(s): 03231, 03233, 03235, 03236,
     06100, 06101].
    B. Licenses specifically authorizing the     Full Cost.
     receipt of waste byproduct material,
     source material, or special nuclear
     material from other persons for the
     purpose of packaging or repackaging the
     material. The licensee will dispose of the
     material by transfer to another person
     authorized to receive or dispose of the
     material.
        Application [Program Code(s): 03234]...  $6,000.
    C. Licenses specifically authorizing the
     receipt of prepackaged waste byproduct
     material, source material, or special
     nuclear material from other persons. The
     licensee will dispose of the material by
     transfer to another person authorized to
     receive or dispose of the material.
        Application [Program Code(s): 03232]...  $5,000.
5. Well logging:
    A. Licenses for possession and use of
     byproduct material, source material, and/
     or special nuclear material for well
     logging, well surveys, and tracer studies
     other than field flooding tracer studies.
        Application [Program Code(s): 03110,     $3,900.
         03111, 03112].
    B. Licenses for possession and use of
     byproduct material for field flooding
     tracer studies.
        Licensing [Program Code(s): 03113].....  Full Cost.
6. Nuclear laundries:
    A. Licenses for commercial collection and
     laundry of items contaminated with
     byproduct material, source material, or
     special nuclear material.
        Application [Program Code(s): 03218]...  $22,300.
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40,
     and 70 of this chapter for human use of
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in gamma stereotactic
     radiosurgery units, teletherapy devices,
     or similar beam therapy devices.
        Application [Program Code(s): 02300,     $9,000.
         02310].
    B. Licenses of broad scope issued to
     medical institutions or two or more
     physicians under parts 30, 33, 35, 40, and
     70 of this chapter authorizing research
     and development, including human use of
     byproduct material, except licenses for
     byproduct material, source material, or
     special nuclear material in sealed sources
     contained in teletherapy devices. This
     category also includes the possession and
     use of source material for shielding when
     authorized on the same license.\ 10\
        Application [Program Code(s): 02110]...  $8,700.
    C. Other licenses issued under parts 30,
     35, 40, and 70 of this chapter for human
     use of byproduct material, source
     material, and/or special nuclear material,
     except licenses for byproduct material,
     source material, or special nuclear
     material in sealed sources contained in
     teletherapy devices.
        Application [Program Code(s): 02120,     $3,400.
         02121, 02200, 02201, 02210, 02220,
         02230, 02231, 02240, 22160].
8. Civil defense:
    A. Licenses for possession and use of
     byproduct material, source material, or
     special nuclear material for civil defense
     activities.
        Application [Program Code(s): 03710]...  $2,600.
9. Device, product, or sealed source safety
 evaluation:
    A. Safety evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel devices, for
     commercial distribution.
        Application--each device...............  $5,400.
    B. Safety evaluation of devices or products
     containing byproduct material, source
     material, or special nuclear material
     manufactured in accordance with the unique
     specifications of, and for use by, a
     single applicant, except reactor fuel
     devices.
        Application--each device...............  $9,100.
    C. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     except reactor fuel, for commercial
     distribution.
        Application--each source...............  $5,300.
    D. Safety evaluation of sealed sources
     containing byproduct material, source
     material, or special nuclear material,
     manufactured in accordance with the unique
     specifications of, and for use by, a
     single applicant, except reactor fuel.
        Application--each source...............  $1,060.
10. Transportation of radioactive material:
    A. Evaluation of casks, packages, and
     shipping containers.
        1. Spent Fuel, High-Level Waste, and     Full Cost.
         plutonium air packages.
        2. Other Casks.........................  Full Cost.
    B. Quality assurance program approvals
     issued under part 71 of this chapter.
        1. Users and Fabricators.
            Application........................  $4,200.
            Inspections........................  Full Cost.
        2. Users.
            Application........................  $4,200.
            Inspections........................  Full Cost.
    C. Evaluation of security plans, route       Full Cost.
     approvals, route surveys, and
     transportation security devices (including
     immobilization devices).
11. Review of standardized spent fuel            Full Cost.
 facilities..

[[Page 21055]]

 
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    Full Cost.
 Compliance.
    B. Inspections related to storage of spent   Full Cost.
     fuel under Sec.   72.210 of this chapter.
14. A. Byproduct, source, or special nuclear     Full Cost.
 material licenses and other approvals
 authorizing decommissioning, decontamination,
 reclamation, or site restoration activities
 under parts 30, 40, 70, 72, and 76 of this
 chapter, including MMLs. Application [Program
 Code(s): 3900, 11900, 21135, 21215, 21240,
 21325, 22200].
    B. Site-specific decommissioning activities  Full Cost.
     associated with unlicensed sites,
     including MMLs, regardless of whether or
     not the sites have been previously
     licensed.
15. Import and Export licenses:
    Licenses issued under part 110 of this
     chapter for the import and export only of
     special nuclear material, source material,
     tritium and other byproduct material, and
     the export only of heavy water, or nuclear
     grade graphite (fee categories 15.A.
     through 15.E.).
        A. Application for export or import of
         nuclear materials, including
         radioactive waste requiring Commission
         and Executive Branch review, for
         example, those actions under 10 CFR
         110.40(b).
            Application--new license, or         $18,200.
             amendment; or license exemption
             request.
        B. Application for export or import of
         nuclear material, including
         radioactive waste, requiring Executive
         Branch review, but not Commission
         review. This category includes
         applications for the export and import
         of radioactive waste and requires NRC
         to consult with domestic host state
         authorities (i.e., Low-Level
         Radioactive Waste Compact Commission,
         the U.S. Environmental Protection
         Agency, etc.).
            Application--new license, or         $9,800.
             amendment; or license exemption
             request.
        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         $4,500.
             amendment; or license exemption
             request.
        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         $3,400.
             amendment; or license exemption
             request.
        E. Minor amendment of any active export
         or import license, for example, to
         extend the expiration date, change
         domestic information, or make other
         revisions which do not involve any
         substantive changes to license terms
         and conditions or to the type/quantity/
         chemical composition of the material
         authorized for export and, therefore,
         do not require in-depth analysis,
         review, or consultations with other
         Executive Branch, U.S. host state, or
         foreign government authorities.
            Minor amendment....................  $1,400.
Licenses issued under part 110 of this chapter
 for the import and export only of Category 1
 and Category 2 quantities of radioactive
 material listed in Appendix P to part 110 of
 this chapter (fee categories 15.F. through
 15.R.).
Category 1 (Appendix P, 10 CFR Part 110)
 Exports:
    F. Application for export of Appendix P
     Category 1 materials requiring Commission
     review (e.g. exceptional circumstance
     review under 10 CFR 110.42(e)(4)) and to
     obtain government-to-government consent
     for this process. For additional consent
     see 15.I.).
        Application--new license, or amendment;  $15,400.
         or license exemption request.
    G. Application for export of Appendix P
     Category 1 materials requiring Executive
     Branch review and to obtain government-to-
     government consent for this process. For
     additional consents see 15.
        Application--new license, or amendment;  $8,900.
         or license exemption request.
    H. Application for export of Appendix P
     Category 1 materials and to obtain one
     government-to-government consent for this
     process. For additional consents see 15.I.
        Application--new license, or amendment;  $6,700.
         or license exemption request.
    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;  $280.
         or license exemption request.
Category 2 (Appendix P, 10 CFR Part 110)
 Exports:
    J. Application for export of Appendix P
     Category 2 materials requiring Commission
     review (e.g. exceptional circumstance
     review under 10 CFR 110.42(e)(4)).
        Application--new license, or amendment;  $15,400.
         or license exemption request.
    K. Applications for export of Appendix P
     Category 2 materials requiring Executive
     Branch review.
        Application--new license, or amendment;  $8,900.
         or license exemption request.
    L. Application for the export of Category 2
     materials.
        Application--new license, or amendment;  $5,600.
         or license exemption request.
    M. [Reserved]..............................  N/A.
    N. [Reserved]..............................  N/A.
    O. [Reserved]..............................  N/A.
    P. [Reserved]..............................  N/A.
    Q. [Reserved]..............................  N/A.
Minor Amendments (Category 1 and 2, Appendix P,
 10 CFR Part 110, Export):
    R. Minor amendment of any active export
     license, for example, to extend the
     expiration date, change domestic
     information, or make other revisions which
     do not involve any substantive changes to
     license terms and conditions or to the
     type/quantity/chemical composition of the
     material authorized for export and,
     therefore, do not require in-depth
     analysis, review, or consultations with
     other Executive Branch, U.S. host state,
     or foreign authorities.
        Minor amendment........................  $1,400.
16. Reciprocity:
    Agreement State licensees who conduct
     activities under the reciprocity
     provisions of 10 CFR 150.20.

[[Page 21056]]

 
        Application............................  $1,900.
17. Master materials licenses of broad scope
 issued to Government agencies.
    Application [Program Code(s): 03614].......  Full Cost.
18. Department of Energy.
    A. Certificates of Compliance. Evaluation    Full Cost.
     of casks, 11 packages, and shipping
     containers (including spent fuel, high-
     level waste, and other casks, and
     plutonium air packages).
    B. Uranium Mill Tailings Radiation Control   Full Cost.
     Act (UMTRCA) activities.
------------------------------------------------------------------------
\1\ Types of fees--Separate charges, as shown in the schedule, will be
  assessed for pre-application consultations and reviews; applications
  for new licenses, approvals, or license terminations; possession-only
  licenses; issuances of new licenses and approvals; certain amendments
  and renewals to existing licenses and approvals; safety evaluations of
  sealed sources and devices; generally licensed device registrations;
  and certain inspections. The following guidelines apply to these
  charges:
(a) Application and registration fees. Applications for new materials
  licenses and export and import licenses; applications to reinstate
  expired, terminated, or inactive licenses, except those subject to
  fees assessed at full costs; applications filed by Agreement State
  licensees to register under the general license provisions of 10 CFR
  150.20; and applications for amendments to materials licenses that
  would place the license in a higher fee category or add a new fee
  category must be accompanied by the prescribed application fee for
  each category.
(1) Applications for licenses covering more than one fee category of
  special nuclear material or source material must be accompanied by the
  prescribed application fee for the highest fee category.
(2) Applications for new licenses that cover both byproduct material and
  special nuclear material in sealed sources for use in gauging devices
  will pay the appropriate application fee for fee category 1.C. only.
(b) Licensing fees. Fees for reviews of applications for new licenses,
  renewals, and amendments to existing licenses, pre-application
  consultations and other documents submitted to the NRC for review, and
  project manager time for fee categories subject to full cost fees are
  due upon notification by the Commission in accordance with Sec.
  170.12(b).
(c) Amendment fees. Applications for amendments to export and import
  licenses must be accompanied by the prescribed amendment fee for each
  license affected. An application for an amendment to an export or
  import license or approval classified in more than one fee category
  must be accompanied by the prescribed amendment fee for the category
  affected by the amendment, unless the amendment is applicable to two
  or more fee categories, in which case the amendment fee for the
  highest fee category would apply.
(d) Inspection fees. Inspections resulting from investigations conducted
  by the Office of Investigations and nonroutine inspections that result
  from third-party allegations are not subject to fees. Inspection fees
  are due upon notification by the Commission in accordance with Sec.
  170.12(c).
(e) Generally licensed device registrations under 10 CFR 31.5.
  Submittals of registration information must be accompanied by the
  prescribed fee.
\2\ Fees will not be charged for orders related to civil penalties or
  other civil sanctions issued by the Commission under 10 CFR 2.202 or
  for amendments resulting specifically from the requirements of these
  orders. For orders unrelated to civil penalties or other civil
  sanctions, fees will be charged for any resulting licensee-specific
  activities not otherwise exempted from fees under this chapter. Fees
  will be charged for approvals issued under a specific exemption
  provision of the Commission's regulations under Title 10 of the Code
  of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and
  any other sections in effect now or in the future), regardless of
  whether the approval is in the form of a license amendment, letter of
  approval, safety evaluation report, or other form. In addition to the
  fee shown, an applicant may be assessed an additional fee for sealed
  source and device evaluations as shown in fee categories 9.A. through
  9.D.
\3\ Full cost fees will be determined based on the professional staff
  time multiplied by the appropriate professional hourly rate
  established in Sec.   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.
\5\ Persons 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 paying fees under 3.O. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\7\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\9\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P. for calibration or leak testing services authorized on the
  same license.
\10\ Licensees paying fees under 7.B. are not subject to paying fees
  under 7.C. for broad scope license licenses issued under parts 30, 35,
  40, and 70 of this chapter for human use of byproduct material, source
  material, and/or special nuclear material, except licenses for
  byproduct material, source material, or special nuclear material in
  sealed sources contained in teletherapy devices authorized on the same
  license.

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

0
7. The authority citation for part 171 continues to read as follows:

    Authority:  Consolidated Omnibus Budget Reconciliation Act sec. 
7601, Pub. L. 99-272, as amended by sec. 5601, Pub. L. 100-203, as 
amended by sec. 3201, Pub. L. 101-239, as amended by sec. 6101, Pub. 
L. 101-508, as amended by sec. 2903a, Pub. L. 102-486 (42 U.S.C. 
2213, 2214), and as amended by Title IV, Pub. L. 109-103 (42 U.S.C. 
2214); Atomic Energy Act sec. 161(w), 223, 234 (42 U.S.C. 2201(w), 
2273, 2282); Energy Reorganization Act sec. 201 (42 U.S.C. 5841); 
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 
note); Energy Policy Act of 2005 sec. 651(e), Pub. L. 109-58 (42 
U.S.C. 2014, 2021, 2021b, 2111).

0
8. In Sec.  171.11, redesignate paragraphs (a) through (d) as 
paragraphs (b) through (e), respectively, add a new paragraph (a), and 
revise newly redesignated paragraph (c) to read as follows:


Sec.  171.11  Exemptions.

    (a) All requests for exemptions must be filed with the NRC within 
90 days from the effective date of the final rule establishing the 
annual fees for which the exemption is sought in order to be 
considered. Absent extraordinary circumstances, any exemption requests 
filed beyond that date will not be considered. The filing of an 
exemption request does not extend the date on which the bill is 
payable. Only timely payment in full ensures avoidance of interest and 
penalty charges. If a partial or full exemption is granted, any 
overpayment will be refunded. Requests for clarification of or 
questions relating to an annual fee bill must also be filed within 90 
days from the date of the initial invoice to be considered.
* * * * *
    (c) The Commission may, upon application by an interested person or 
on its own initiative, grant an exemption from the requirements of this

[[Page 21057]]

part that it determines is authorized by law or otherwise in the public 
interest.
* * * * *
0
9. In Sec.  171.15, revise paragraphs (a) and (b)(1), paragraph (b)(2) 
introductory text, paragraph (c)(1), paragraphs (c)(2) introductory 
text and (d)(1) introductory text, and paragraphs (d)(2), (d)(3), and 
(e) to read as follows:


Sec.  171.15  Annual fees: Reactor licenses and independent spent fuel 
storage licenses.

    (a) Each person holding an operating license for a power, test, or 
research reactor; each person holding a combined license under part 52 
of this chapter after the Commission has made the finding under 10 CFR 
52.103(g); each person holding a part 50 or part 52 power reactor 
license that is in decommissioning or possession only status, except 
those that have no spent fuel onsite; and each person holding a part 72 
license who does not hold a part 50 or part 52 license and provides 
notification in accordance with 10 CFR 72.80(g), shall pay the annual 
fee for each license held during the Federal fiscal year in which the 
fee is due. This paragraph does not apply to test or research reactors 
exempted under Sec.  171.11(a).
    (b)(1) The FY 2014 annual fee for each operating power reactor 
which must be collected by September 30, 2014, is $5,328,000.
    (2) The FY 2014 annual fees are comprised of a base annual fee for 
power reactors licensed to operate, a base spent fuel storage/reactor 
decommissioning annual fee, and associated additional charges (fee-
relief adjustment). The activities comprising the spent storage/reactor 
decommissioning base annual fee are shown in paragraphs (c)(2)(i) and 
(ii) of this section. The activities comprising the FY 2014 fee-relief 
adjustment are shown in paragraph (d)(1) of this section. The 
activities comprising the FY 2014 base annual fee for operating power 
reactors are as follows:
* * * * *
    (c)(1) The FY 2014 annual fee for each power reactor holding a 10 
CFR part 50 license that is in a decommissioning or possession-only 
status and has spent fuel onsite, and for each independent spent fuel 
storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 
license, is $224,000.
    (2) The FY 2014 annual fee is comprised of a base spent fuel 
storage/reactor decommissioning annual fee (which is also included in 
the operating power reactor annual fee shown in paragraph (b) of this 
section) and a fee-relief adjustment. The activities comprising the FY 
2014 fee-relief adjustment are shown in paragraph (d)(1) of this 
section. The activities comprising the FY 2014 spent fuel storage/
reactor decommissioning rebaselined annual fee are:
* * * * *
    (d)(1) The fee-relief adjustment allocated to annual fees includes 
a surcharge for the activities listed in paragraph (d)(1)(i) of this 
section, plus the amount remaining after total budgeted resources for 
the activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of 
this section are reduced by the appropriations the NRC receives for 
these types of activities. If the NRC's appropriations for these types 
of activities are greater than the budgeted resources for the 
activities included in paragraphs (d)(1)(ii) and (d)(1)(iii) of this 
section for a given FY, annual fees will be reduced. The activities 
comprising the FY 2014 fee-relief adjustment are as follows:
* * * * *
    (2) The total FY 2014 fee-relief adjustment allocated to the 
operating power reactor class of licenses is a $621,500 fee-relief 
surplus, not including the amount allocated to the spent fuel storage/
reactor decommissioning class. The FY 2014 operating power reactor fee-
relief adjustment to be assessed to each operating power reactor is 
approximately a $6,094 fee relief surplus. This amount is calculated by 
dividing the total operating power reactor fee-relief surplus 
adjustment, $621,500 by the number of operating power reactors (100).
    (3) The FY 2014 fee-relief adjustment allocated to the spent fuel 
storage/reactor decommissioning class of licenses is a -$44,500 fee-
relief assessment. The FY 2014 spent fuel storage/reactor 
decommissioning fee-relief adjustment to be assessed to each operating 
power reactor, each power reactor in decommissioning or possession-only 
status that has spent fuel onsite, and to each independent spent fuel 
storage 10 CFR part 72 licensee who does not hold a 10 CFR part 50 
license, is a -$361 fee-relief assessment. This amount is calculated by 
dividing the total fee-relief adjustment costs allocated to this class 
by the total number of power reactor licenses, except those that 
permanently ceased operations and have no fuel onsite, and 10 CFR part 
72 licensees who do not hold a 10 CFR part 50 license.
    (e) The FY 2014 annual fees for licensees authorized to operate a 
research or test (nonpower) reactor licensed under part 50 of this 
chapter, unless the reactor is exempted from fees under Sec.  
171.11(a), are as follows:

 
 
 
Research reactor...........................................      $84,500
Test reactor...............................................       84,500
 

0
10. In Sec.  171.16, revise paragraphs (d) and (e) introductory text to 
read as follows:


Sec.  171.16  Annual fees: Materials licensees, holders of certificates 
of compliance, holders of sealed source and device registrations, 
holders of quality assurance program approvals, and government agencies 
licensed by the NRC.

* * * * *
    (d) The FY 2014 annual fees are comprised of a base annual fee and 
an allocation for fee-relief adjustment. The activities comprising the 
FY 2014 fee-relief adjustment are shown for convenience in paragraph 
(e) of this section. The FY 2014 annual fees for materials licensees 
and holders of certificates, registrations, or approvals subject to 
fees under this section are shown in the following table:

   Schedule of Materials Annual Fees and Fees for Government Agencies
                             Licensed by NRC
                     [See footnotes at end of table]
------------------------------------------------------------------------
                                                           Annual fees 1
             Category of materials licenses                     2 3
------------------------------------------------------------------------
1. Special nuclear material:
    A. (1) Licenses for possession and use of U-235 or
     plutonium for fuel fabrication activities.
            (a) Strategic Special Nuclear Material (High      $6,329,000
             Enriched Uranium) [Program Code(s): 21130].
            (b) Low Enriched Uranium in Dispersible Form       2,178,000
             Used for Fabrication of Power Reactor Fuel
             [Program Code(s): 21210]...................
        (2) All other special nuclear materials licenses
         not included in Category 1.A.(1) which are
         licensed for fuel cycle activities.

[[Page 21058]]

 
            (a) Facilities with limited operations                 5 N/A
             [Program Code(s): 21310, 21320]............
            (b) Gas centrifuge enrichment demonstration        1,225,000
             facilities.................................
            (c) Others, including hot cell facilities...         613,000
    B. Licenses for receipt and storage of spent fuel             11 N/A
     and reactor-related Greater than Class C (GTCC)
     waste at an independent spent fuel storage
     installation (ISFSI) [Program Code(s): 23200]......
    C. Licenses for possession and use of special                  3,800
     nuclear material of less than a critical mass, as
     defined in Sec.   70.4 of this chapter, in sealed
     sources contained in devices used in industrial
     measuring systems, including x-ray fluorescence
     analyzers.\15\ [Program Code(s): 22140]............
    D. All other special nuclear material licenses,                7,400
     except licenses authorizing special nuclear
     material in sealed or unsealed form in combination
     that would constitute a critical mass, as defined
     in Sec.   70.4 of this chapter, for which the
     licensee shall pay the same fees as those under
     Category 1.A.\15\ [Program Code(s): 22110, 22111,
     22120, 22131, 22136, 22150, 22151, 22161, 22170,
     23100, 23300, 23310]...............................
    E. Licenses or certificates for the operation of a         3,403,000
     uranium enrichment facility [Program Code(s):
     21200].............................................
    F. For special nuclear materials licenses in sealed            7,500
     or unsealed form of greater than a critical mass as
     defined in Sec.   70.4 of this chapter.\15\
     [Program Code: 22155]..............................
2. Source material:
    A. (1) Licenses for possession and use of source           1,293,000
     material for refining uranium mill concentrates to
     uranium hexafluoride or for deconverting uranium
     hexafluoride in the production of uranium oxides
     for disposal. [Program Code: 11400]................
        (2) Licenses for possession and use of source
         material in recovery operations such as
         milling, in-situ recovery, heap-leaching, ore
         buying stations, ion-exchange facilities and in-
         processing of ores containing source material
         for extraction of metals other than uranium or
         thorium, including licenses authorizing the
         possession of byproduct waste material
         (tailings) from source material recovery
         operations, as well as licenses authorizing the
         possession and maintenance of a facility in a
         standby mode.
            (a) Conventional and Heap Leach facilities            33,900
             [Program Code(s): 11100]...................
            (b) Basic In Situ Recovery facilities                 42,900
             [Program Code(s): 11500]...................
            (c) Expanded In Situ Recovery facilities              48,600
             [Program Code(s): 11510]...................
            (d) In Situ Recovery Resin facilities                      0
             [Program Code(s): 11550]...................
            (e) Resin Toll Milling facilities [Program             5 N/A
             Code(s): 11555]............................
            (f) Other facilities \4\ [Program Code(s):             5 N/A
             11700].....................................
        (3) Licenses that authorize the receipt of                 5 N/A
         byproduct material, as defined in Section
         11e.(2) of the Atomic Energy Act, from other
         persons for possession and disposal, except
         those licenses subject to the fees in Category
         2.A.(2) or Category 2.A.(4) [Program Code(s):
         11600, 12000]..................................
        (4) Licenses that authorize the receipt of                19,200
         byproduct material, as defined in Section
         11e.(2) of the Atomic Energy Act, from other
         persons for possession and disposal incidental
         to the disposal of the uranium waste tailings
         generated by the licensee's milling operations,
         except those licenses subject to the fees in
         Category 2.A.(2) [Program Code(s): 12010]......
        (5) Licenses that authorize the possession of              5,700
         source material related to removal of
         contaminants (source material) from drinking
         water [Program Code(s): 11820].................
    B. Licenses that authorize possession, use, and/or             3,300
     installation of source material for shielding.16 17
     18 [Program Code: 11210]...........................
    C. Licenses to distribute items containing source             12,500
     material to persons exempt from the licensing
     requirements of part 40 of this chapter. [Program
     Code: 11240].......................................
    D. Licenses to distribute source material to persons           5,100
     generally licensed under part 40 of this chapter
     [Program Code(s): 11230 and 11231].................
    E. Licenses for possession and use of source                   7,800
     material for processing or manufacturing of
     products or materials containing source material
     for commercial distribution. [Program Code: 11710]
    F. All other source material licenses. [Program                8,600
     Code(s): 11200, 11220, 11221, 11300, 11800, 11810]
3. Byproduct material:
    A. Licenses of broad scope for possession and use of          55,100
     byproduct material issued under parts 30 and 33 of
     this chapter for processing or manufacturing of
     items containing byproduct material for commercial
     distribution [Program Code(s): 03211, 03212, 03213]
    B. Other licenses for possession and use of                   13,800
     byproduct material issued under part 30 of this
     chapter for processing or manufacturing of items
     containing byproduct material for commercial
     distribution [Program Code(s): 03214, 03215, 22135,
     22162].............................................
    C. Licenses issued under Sec.  Sec.   32.72 and/or            20,200
     32.74 of this chapter authorizing the processing or
     manufacturing and distribution or redistribution of
     radiopharmaceuticals, generators, reagent kits, and/
     or sources and devices containing byproduct
     material. This category also includes the
     possession and use of source material for shielding
     authorized under part 40 of this chapter when
     included on the same license. This category does
     not apply to licenses issued to nonprofit
     educational institutions whose processing or
     manufacturing is exempt under Sec.   171.11(a)(1).
     [Program Code(s): 02500, 02511, 02513].............
    D. [Reserved].......................................           5 N/A
    E. Licenses for possession and use of byproduct                9,500
     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]......................................
    F. Licenses for possession and use of less than               13,900
     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].............................................
    G. Licenses for possession and use of 10,000 curies          127,900
     or more of byproduct material in sealed sources for
     irradiation of materials in which the source is
     exposed for irradiation purposes. This category
     also includes underwater irradiators for
     irradiation of materials in which the source is not
     exposed for irradiation purposes [Program Code(s):
     03521].............................................

[[Page 21059]]

 
    H. Licenses issued under subpart A of part 32 of              10,700
     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]............
    I. Licenses issued under subpart A of part 32 of              20,800
     this chapter to distribute items containing
     byproduct material or quantities of byproduct
     material that do not require device evaluation to
     persons exempt from the licensing requirements of
     part 30 of this chapter, except for specific
     licenses authorizing redistribution of items that
     have been authorized for distribution to persons
     exempt from the licensing requirements of part 30
     of this chapter [Program Code(s): 03250, 03251,
     03252, 03253, 03256]...............................
    J. Licenses issued under subpart B of part 32 of               5,100
     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].............
    K. Licenses issued under subpart B of part 32 of               4,100
     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].............................
    L. Licenses of broad scope for possession and use of          17,500
     byproduct material issued under parts 30 and 33 of
     this chapter for research and development that do
     not authorize commercial distribution [Program
     Code(s): 01100, 01110, 01120, 03610, 03611, 03612,
     03613].............................................
    M. Other licenses for possession and use of                   10,000
     byproduct material issued under part 30 of this
     chapter for research and development that do not
     authorize commercial distribution [Program Code(s):
     03620].............................................
    N. Licenses that authorize services for other                 18,000
     licensees, except: (1) Licenses that authorize only
     calibration and/or leak testing services are
     subject to the fees specified in fee Category 3.P.;
     and (2) Licenses that authorize waste disposal
     services are subject to the fees specified in fee
     categories 4.A., 4.B., and 4.C. [Program Code(s):
     03219, 03225, 03226]...............................
    O. Licenses for possession and use of byproduct               29,800
     material issued under part 34 of this chapter for
     industrial radiography operations. This category
     also includes the possession and use of source
     material for shielding authorized under part 40 of
     this chapter when authorized on the same license
     [Program Code(s): 03310, 03320]....................
    P. All other specific byproduct material licenses,             6,800
     except those in Categories 4.A. through 9.D.\19\
     [Program Code(s): 02400, 02410, 03120, 03121,
     03122, 03123, 03124, 03140, 03130, 03220, 03221,
     03222, 03800, 03810, 22130]........................
    Q. Registration of devices generally licensed under           13 N/A
     part 31 of this chapter............................
    R. Possession of items or products containing radium-
     226 identified in 10 CFR 31.12 which exceed the
     number of items or limits specified in that
     section: \14\
        1. Possession of quantities exceeding the number           9,600
         of items or limits in 10 CFR 31.12(a)(4), or
         (5) but less than or equal to 10 times the
         number of items or limits specified [Program
         Code(s): 02700]................................
        2. Possession of quantities exceeding 10 times             9,200
         the number of items or limits specified in 10
         CFR 31.12(a)(4) or (5) [Program Code(s): 02710]
    S. Licenses for production of accelerator-produced            33,000
     radionuclides [Program Code(s): 03210].............
4. Waste disposal and processing:
    A. Licenses specifically authorizing the receipt of            5 N/A
     waste byproduct material, source material, or
     special nuclear material from other persons for the
     purpose of contingency storage or commercial land
     disposal by the licensee; or licenses authorizing
     contingency storage of low-level radioactive waste
     at the site of nuclear power reactors; or licenses
     for receipt of waste from other persons for
     incineration or other treatment, packaging of
     resulting waste and residues, and transfer of
     packages to another person authorized to receive or
     dispose of waste material [Program Code(s): 03231,
     03233, 03235, 03236, 06100, 06101].................
    B. Licenses specifically authorizing the receipt of           21,100
     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]...
    C. Licenses specifically authorizing the receipt of           16,700
     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]
5. Well logging:
    A. Licenses for possession and use of byproduct               13,600
     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].............
    B. Licenses for possession and use of byproduct                5 N/A
     material for field flooding tracer studies.
     [Program Code(s): 03113]...........................
6. Nuclear laundries:
    A. Licenses for commercial collection and laundry of          44,400
     items contaminated with byproduct material, source
     material, or special nuclear material [Program
     Code(s): 03218]....................................
7. Medical licenses:
    A. Licenses issued under parts 30, 35, 40, and 70 of          23,800
     this chapter for human use of byproduct material,
     source material, or special nuclear material in
     sealed sources contained in gamma stereotactic
     radiosurgery units, teletherapy devices, or similar
     beam therapy devices. This category also includes
     the possession and use of source material for
     shielding when authorized on the same license.
     [Program Code(s): 02300, 02310]....................
    B. Licenses of broad scope issued to medical                  35,700
     institutions or two or more physicians under parts
     30, 33, 35, 40, and 70 of this chapter authorizing
     research and development, including human use of
     byproduct material, except licenses for byproduct
     material, source material, or special nuclear
     material in sealed sources contained in teletherapy
     devices. This category also includes the possession
     and use of source material for shielding when
     authorized on the same license.\9\ [Program
     Code(s): 02110]....................................

[[Page 21060]]

 
    C. Other licenses issued under parts 30, 35, 40, and           9,900
     70 of this chapter for human use of byproduct
     material, source material, and/or special nuclear
     material, except licenses for byproduct material,
     source material, or special nuclear material in
     sealed sources contained in teletherapy devices.
     This category also includes the possession and use
     of source material for shielding when authorized on
     the same license.9 20 [Program Code(s): 02120,
     02121, 02200, 02201, 02210, 02220, 02230, 02231,
     02240, 22160]......................................
8. Civil defense:
    A. Licenses for possession and use of byproduct                9,600
     material, source material, or special nuclear
     material for civil defense activities [Program
     Code(s): 03710]....................................
9. Device, product, or sealed source safety evaluation:
    A. Registrations issued for the safety evaluation of           8,600
     devices or products containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel devices, for commercial
     distribution.......................................
    B. Registrations issued for the safety evaluation of          14,500
     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.............
    C. Registrations issued for the safety evaluation of           8,400
     sealed sources containing byproduct material,
     source material, or special nuclear material,
     except reactor fuel, for commercial distribution...
    D. Registrations issued for the safety evaluation of           1,700
     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.....................
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             6 N/A
         air packages...................................
        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,              6 N/A
     route surveys, and transportation security devices
     (including immobilization devices).................
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           12 N/A
     10 CFR 72.210......................................
14. Decommissioning/Reclamation:
    A. Byproduct, source, or special nuclear material              7 N/A
     licenses and other approvals authorizing
     decommissioning, decontamination, reclamation, or
     site restoration activities under parts 30, 40, 70,
     72, and 76 of this chapter, including master
     materials licenses (MMLs) [Program Code(s): 3900,
     11900, 21135, 21215, 21240, 21325, 22200]..........
    B. Site-specific decommissioning activities                    7 N/A
     associated with unlicensed sites, including MMLs,
     whether or not the sites have been previously
     licensed...........................................
15. Import and Export licenses..........................           8 N/A
16. Reciprocity.........................................           8 N/A
17. Master materials licenses of broad scope issued to           384,000
 Government agencies [Program Code(s): 03614]...........
18. Department of Energy:
    A. Certificates of Compliance.......................    10 1,084,000
    B. Uranium Mill Tailings Radiation Control Act               815,000
     (UMTRCA) activities................................
------------------------------------------------------------------------
\1\ Annual fees will be assessed based on whether a licensee held a
  valid license with the NRC authorizing possession and use of
  radioactive material during the current FY. The annual fee is waived
  for those materials licenses and holders of certificates,
  registrations, and approvals who either filed for termination of their
  licenses or approvals or filed for possession only/storage licenses
  before October 1, 2012, and permanently ceased licensed activities
  entirely before this date. Annual fees for licensees who filed for
  termination of a license, downgrade of a license, or for a possession-
  only license during the FY and for new licenses issued during the FY
  will be prorated in accordance with the provisions of Sec.   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.
\2\ Payment of the prescribed annual fee does not automatically renew
  the license, certificate, registration, or approval for which the fee
  is paid. Renewal applications must be filed in accordance with the
  requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.
\3\ Each FY, fees for these materials licenses will be calculated and
  assessed in accordance with Sec.   171.13 and will be published in the
  Federal Register for notice and comment.
\4\ Other facilities include licenses for extraction of metals, heavy
  metals, and rare earths.
\5\ There 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.
\6\ Standardized 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.
\9\ Separate annual fees will not be assessed for pacemaker licenses
  issued to medical institutions that also hold nuclear medicine
  licenses under fee categories 7.B. or 7.C.
\10\ This includes Certificates of Compliance issued to the U.S.
  Department of Energy that are not funded from the Nuclear Waste Fund.
\11\ See Sec.   171.15(c).
\12\ See Sec.   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.

[[Page 21061]]

 
\14\ Persons who possess radium sources that are used for operational
  purposes in another fee category are not also subject to the fees in
  this category. (This exception does not apply if the radium sources
  are possessed for storage only.)
\15\ Licensees paying annual fees under category 1.A., 1.B., and 1.E.
  are not subject to the annual fees for categories 1.C., 1.D., and 1.F.
  for sealed sources authorized in the license.
\16\ Licensees paying fees under 3.O. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\17\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\18\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
  for possession and shielding authorized on the same license.
\19\ Licensees paying fees under 3.N. are not subject to paying fees
  under 3.P. for calibration or leak testing services authorized on the
  same license.
\20\ Licensees paying fees under 7.B. are not subject to paying fees
  under 7.C. for broad scope license licenses issued under parts 30, 35,
  40, and 70 of this chapter for human use of byproduct material, source
  material, and/or special nuclear material, except licenses for
  byproduct material, source material, or special nuclear material in
  sealed sources contained in teletherapy devices authorized on the same
  license.

    (e) The fee-relief adjustment allocated to annual fees includes the 
budgeted resources for the activities listed in paragraph (e)(1) of 
this section, plus the total budgeted resources for the activities 
included in paragraphs (e)(2) and (3) of this section, as reduced by 
the appropriations the NRC receives for these types of activities. If 
the NRC's appropriations for these types of activities are greater than 
the budgeted resources for the activities included in paragraphs (e)(2) 
and (3) of this section for a given FY, a negative fee-relief 
adjustment (or annual fee reduction) will be allocated to annual fees. 
The activities comprising the FY 2014 fee-relief adjustment are as 
follows:
* * * * *
0
11. In Sec.  171.19, add paragraph (f) to read as follows:


Sec.  171.19  Payment.

* * * * *
    (f) The NRC is entitled to collect any underpayment of fees as a 
result of an error by the NRC.

    Dated at Rockville, Maryland, this 31st day of March 2014.

    For the Nuclear Regulatory Commission.
J.E. Dyer,
Chief Financial Officer.
[FR Doc. 2014-08221 Filed 4-11-14; 8:45 am]
BILLING CODE 7590-01-P