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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules associated with reviewing operating license applications, construction permit applications; and 3
conducting pre-application activities for non-power production or utilization facilities. The budgeted resources for the non-power production or utilization facilities fee class increased primarily to support an increased workload for initial licensing activities.

The annual fee-recovery amount is divided equally among the four nonpower production or utilization facilities licensees subject to annual fees and results in an FY 2021 proposed annual fee of $78,700 for each licensee.
f. Rare Earth The NRC has not allocated any budgeted resources to this fee class;
therefore, the NRC is not proposing to
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assess an annual fee for this fee class in FY 2021.
g. Materials Users The NRC proposes to collect $35.1
million in annual fees from materials users licensed under 10 CFR parts 30, 40, and 70, as shown in Table XVI. The FY 2020 materials users fees are shown for comparison purposes.

TABLE XVIANNUAL FEE SUMMARY CALCULATIONS FOR MATERIALS USERS
Dollars in millions FY 2020
final
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Summary fee calculations
FY 2021
proposed
Total budgeted resources for licensees not regulated by Agreement States
Less estimated 10 CFR part 170 receipts

$33.7
1.0

$35.1
1.0

Net 10 CFR part 171 resources
Allocated generic transportation
Fee-relief adjustment
LLW surcharge
Billing adjustments

32.8
1.2
0.0
0.0
0.1

34.1
1.3
N/A
0.1
0.4

Total required annual fee recovery

34.1

35.1

The formula for calculating 10 CFR
part 171 annual fees for the various categories of materials users is described in detail in the work papers. Generally, the calculation results in a single annual fee that includes 10 CFR part 170 costs, such as amendments, renewals, inspections, and other licensing actions specific to individual fee categories.
The total annual fee recovery of $35.1
million proposed for FY 2021 shown in Table XVI consists of $27.3 million for general costs and $7.7 million for inspection costs. To equitably and fairly allocate the $35.1 million required to be collected among approximately 2,500
diverse materials users licensees, the NRC continues to calculate the annual fees for each fee category within this class based on the 10 CFR part 170
application fees and estimated inspection costs for each fee category.
Because the application fees and inspection costs are indicative of the complexity of the materials license, this approach provides a proxy for allocating the generic and other regulatory costs to the diverse fee categories. This fee calculation method also considers the inspection frequency priority, which is indicative of the safety risk and resulting regulatory costs associated with the categories of licenses.
In comparison to FY 2020, the proposed annual fees for the materials
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users fee class are increasing due to the following: 1 The NRC is proposing an increase in the fully costed FTE rate compared to FY 2020; 2 an increase in the budgeted resources for contract costs due to a reduction in the utilization of prior-year unobligated carryover funding compared to FY 2020; and 3
the realignment of budgeted resources that supports contract funding for general license tracking, the materials event database, and rulemaking information technology activities. In addition, the results of the biennial review of fees resulted in some increases and decreases in the proposed annual fees.
A constant multiplier is established to recover the total general costs including allocated generic transportation costs of $27.3 million. To derive the constant multiplier, the general cost amount is divided by the sum of all fee categories application fee plus the inspection fee divided by inspection priority then multiplied by the number of licensees.
This calculation results in a constant multiplier of 0.99 for FY 2021. The average inspection cost is the average inspection hours for each fee category multiplied by the professional hourly rate of $288. The inspection priority is the interval between routine inspections, expressed in years. The
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inspection multiplier is established in order to recover the $7.7 million in inspection costs. To derive the inspection multiplier, the inspection costs amount is divided by the sum of all fee categories inspection fee divided by inspection priority then multiplied by the number of licensees. This calculation results in an inspection multiplier of 1.43 for FY 2021. The unique category costs are any special costs that the NRC has budgeted for a specific category of licenses. Please see the work papers for more detail about this classification.
The proposed annual fee assessed to each licensee also takes into account a share of approximately $0.087 million in LLW surcharge costs allocated to the materials users fee class see Table IV, Allocation of LLW Surcharge, FY
2021, in Section IV, Discussion, of this document. The proposed annual fee for each fee category is shown in the revision to 171.16d.
h. Transportation The NRC proposes to collect $1.0
million in annual fees to recover generic transportation budgeted resources in FY
2021, as shown in Table XVII. The FY
2020 fees are shown for comparison purposes.

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