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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations
projects, this is outside of the scope of this final rule. If the commenter has specific questions regarding NRC
invoices and fees that have been assessed, the commenter can contact the Office of the Chief Financial Officer via the eBilling system support portal, by email to FeeBillingInquiries.Resource@
nrc.gov, or by mail to the Office of the Chief Financial Officer at U.S. Nuclear Regulatory Commission, Washington, DC 205550001, Attn: Chief Financial Officer.
No change was made to this final rule in response to this comment.
J. Comments on Matters Not Related to This Rulemaking Several commenters raised issues outside the scope of the FY 2021 fee rule. Commenters raised concerns with the agencys budgeting process and requested public participation on the agencys budget formulation process. A
few commenters requested expediting efficiency efforts and engaging industry regarding additional efficiencies, improvements and efficiencies in the review process for topical reports to reduce the professional hourly rate for special project fees. These matters are outside the scope of this final rule. The primary purpose of the rule is to update the NRCs fee schedules to recover approximately 100 percent of the NRCs total budget authority for the current fiscal year, less the budget authority for excluded activities, and to make other necessary corrections or appropriate changes to specific aspects of the NRCs fee regulations in order to ensure compliance with NEIMA.
The NRC understands the importance of examining and improving the efficiency of its operations and the prioritization of its regulatory activities.
Accordingly, the NRC has undertaken, and continues to undertake, a number of significant initiatives aimed at improving the efficiency of NRC
operations and enhancing the agencys approach to regulating. Though comments raising these issues are not within the scope of this final rule, the NRC will consider this input in its future program operations.

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V. Regulatory Flexibility Certification
Section XIV, Availability of Documents, of this document.
VI. Regulatory Analysis Under NEIMA, the NRC is required to recover, to the maximum extent practicable, approximately 100 percent of its annual budget for FY 2021 less the budget authority for excluded activities.
The NRC established fee methodology guidelines for 10 CFR part 170 in 1978, and established additional fee methodology guidelines for 10 CFR part 171 in 1986. In subsequent rulemakings, the NRC has adjusted its fees without changing the underlying principles of its fee policy to ensure that the NRC
continues to comply with the statutory requirements for cost recovery.
In this final rule, the NRC continues this longstanding approach. Therefore, the NRC did not identify any alternatives to the current fee structure guidelines and did not prepare a regulatory analysis for this final rule.
VII. Backfitting and Issue Finality The NRC has determined that the backfit rule, 50.109, does not apply to this final rule and that a backfit analysis is not required because these amendments do not require the modification of, or addition to, 1
systems, structures, components, or the design of a facility; 2 the design approval or manufacturing license for a facility; or 3 the procedures or organization required to design, construct, or operate a facility.
VIII. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC wrote this document to be consistent with the Plain Writing Act, as well as the Presidential Memorandum, Plain Language in Government Writing, published June 10, 1998 63 FR 31885.
IX. National Environmental Policy Act The NRC has determined that this final rule is the type of action described in 10 CFR 51.22c1. Therefore, neither an environmental impact statement nor environmental assessment has been prepared for this final rule.

As required by the Regulatory Flexibility Act of 1980, as amended RFA,5 the NRC has prepared a regulatory flexibility analysis related to this final rule. The regulatory flexibility analysis is available as indicated in
X. Paperwork Reduction Act This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq. and, therefore, is not subject to the requirements of the Act. In accordance with 5 CFR

5 5 U.S.C. 603. The RFA, 5 U.S.C. 601612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996, Public Law 104
121, Title II, 110 Stat. 847 1996.

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are also not subject to the requirements of the Paperwork Reduction Act.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.
XI. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act of 1996 5
U.S.C. 801808. The Office of Management and Budget has found it to be a major rule as defined in the Congressional Review Act.
XII. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this final rule, the NRC
is amending the licensing, inspection, and annual fees charged to its licensees and applicants, as necessary, to recover, to the maximum extent practicable, approximately 100 percent of its annual budget for FY 2021 less the budget authority for excluded activities, as required by NEIMA. This action does not constitute the establishment of a standard that contains generally applicable requirements.
XIII. Availability of Guidance The Small Business Regulatory Enforcement Fairness Act requires all Federal agencies to prepare a written compliance guide for each rule for which the agency is required by 5 U.S.C.
604 to prepare a regulatory flexibility analysis. The NRC, in compliance with the law, prepared the Small Entity Compliance Guide for the FY 2021
final fee rule. The compliance guide was developed when the NRC completed the small entity biennial review for FY
2021. This compliance guide is available as indicated in Section XIV, Availability of Documents, of this document.
XIV. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.

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