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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
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and. This proposed change would not alter the NRCs fee exemption policy.
Update on the Fees Transformation Initiative In the Staff Requirements Memorandum, dated October 19, 2016, ADAMS Accession No. ML16293A902
for SECY160097, Fee Setting Improvements and Fiscal Year 2017
Proposed Fee Rule, ADAMS
Accession No. ML16194A365, the Commission directed the staff to accelerate its process improvements for setting fees, including the transition to an eBilling system. In addition, the Commission directed the staff to begin the fees transformation activities listed in SECY160097 as Process Changes Recommended for Future ConsiderationFY 2018 and Beyond.
The NRC has completed 39 of the 40
fees transformation activities, including the full implementation of an electronic billing system.
In October 2019, the agency released its eBilling system. This public facing, web-based application provides licensees with immediate delivery of NRC invoices, customizable email notifications, capability to view and analyze invoice details, and access to the U.S. Department of the Treasury systems to pay invoices. The eBilling application provides licensees greater transparency and has increased applicant and licensee confidence in the assessed fees and charges. Since the NRC released the eBilling application, 341 licensees have been enrolled and 764 dockets are now available in the application.
The one fees transformation activity yet be to completed is the rulemaking to update the NRCs small business size standards in 2.810, NRC size standards. In FY 2020, the NRC
conducted a survey of materials licensees to collect relevant data to help determine the need for changes to the NRCs small business size standards in 2.810. In addition, the NRC considered changes in the small business size standards published by the Small Business Administration. On December 7, 2020, the staff submitted SECY20
0111, Rulemaking Plan to Amend the Receipts-Based NRC Size Standards, to the Commission ADAMS Accession No. ML20268B327 with the staffs recommendations for amending the NRCs receipts-based size standards.
The NRC will continue to include updates on this rulemaking activity within the FY 2021 and FY 2022 fee rules to ensure that affected licensees are adequately informed. The public can track all NRC rulemaking activities, including the rulemaking on the NRCs
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size standards, on the NRCs Rulemaking Tracking and Reporting system at https www.nrc.gov/readingrm/doc-collections/rulemakingruleforum/active/RuleIndex.html, or by Docket ID NRC20140264 at http
www.regulations.gov.
For more information, see the fees transformation accomplishments schedule, located on the NRCs license fees web page at: https www.nrc.gov/
about-nrc/regulatory/licensing/feestransformation-accomplishments.html.
IV. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, as amended RFA,5 the NRC has prepared a regulatory flexibility analysis related to this proposed rule. The regulatory flexibility analysis is available as indicated in Section XIII Availability of Documents, of this document.
V. Regulatory Analysis Under 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 proposed 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 proposed rule.
VI. Backfitting and Issue Finality The NRC has determined that the backfit rule, 50.109, does not apply to this proposed 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.
VII. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to 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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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.
The NRC requests comment on the clarity and effectiveness of the language used in this proposed rule.
VIII. National Environmental Policy Act The NRC has determined that this proposed 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 proposed rule.
IX. Paperwork Reduction Act This proposed rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq. and, therefore, is not subject to the requirements of the Act. In accordance with 5 CFR
1320.4a2, NRC Forms 527 and 529
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.
X. 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 proposed rule, the NRC proposes to amend 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.
XI. Availability of Guidance The Small Business Regulatory Enforcement Fairness Act requires all Federal agencies to prepare a written compliance guide for each rule for which the agency is required by 5 U.S.C.

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