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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement the Nuclear Energy Innovation and Modernization Act NEIMA, which, starting in fiscal year FY 2021, requires the NRC to recover, to the maximum extent practicable, approximately 100 percent of its annual budget less certain amounts excluded from this fee-recovery requirement. In addition, the NRC is also proposing improvements associated with fee invoicing to implement provisions in NEIMA.
Submit comments by March 24, 2021. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received before this date. Because NEIMA requires the NRC to collect fees for FY 2021 by September 30, 2021, the NRC must finalize any revisions to its fee schedules promptly, and thus is unable to grant any extension request of the comment period.

DATES:

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 Website: Go to https www.regulations.gov and search for Docket ID NRC20180292. Address questions about NRC dockets to Dawn Forder; telephone: 3014153407;
email: Dawn.Forder@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 3014151677.
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 205550001, ATTN:
Rulemakings and Adjudications Staff.
For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.

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ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Anthony Rossi, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 205550001, telephone: 301415
7341; email: Anthony.Rossi@nrc.gov.
SUPPLEMENTARY INFORMATION:

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Table of Contents I. Obtaining Information and Submitting Comments II. Background; Statutory Authority III. Discussion IV. Regulatory Flexibility Certification V. Regulatory Analysis VI. Backfitting and Issue Finality VII. Plain Writing VIII. National Environmental Policy Act IX. Paperwork Reduction Act Public Protection Notification X. Voluntary Consensus Standards XI. Availability of Guidance XII. Public Meeting XIII. Availability of Documents
I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC2018
0292 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods:
Federal Rulemaking Website: Go to https www.regulations.gov and search for Docket ID NRC20180292.
NRCs Agencywide Documents Access and Management System ADAMS: You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https www.nrc.gov/reading-rm/
adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room PDR
reference staff at 18003974209 or 3014154737, 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 also provided in a table in the Availability of Documents section of this document.
Attention: The Public Document Room PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to PDR staff via email at pdr.resource@nrc.gov or call 1800
3974209 between 8:00 a.m. and 4:00
p.m. EST, Monday through Friday, except Federal holidays.
B. Submitting Comments Please include Docket ID NRC2018
0292 in the subject line of your comment submission in order to ensure that the NRC is able to make your comment submission publicly available in this docket.
The NRC cautions you not to include identifying or contact information that
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you do not want to be publicly disclosed in your comment submission.
The NRC posts all comment submissions at https
www.regulations.gov as well as entering the comment submissions into ADAMS.
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 submissions. 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 submissions into ADAMS.
II. Background Statutory Authority A. Statutory Authority Revised Fee-Recovery Framework for FY 2021 and Subsequent Fiscal Years The NRC is proposing to amend the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These proposed amendments are necessary to implement Public Law 115439, NEIMA
42 U.S.C. 2215, which the President signed into law on January 14, 2019.
The NEIMA fee-related changes, effective October 1, 2020, include 1
repealing the prior fee-recovery framework and replacing it with a revised framework and 2 requirements to improve the invoice accuracy for service fees.
Effective October 1, 2020, NEIMA
repealed Section 6101 of the Omnibus Budget Reconciliation Act of 1990, as amended OBRA90 42 U.S.C. 2214
and put in place a revised fee-recovery framework for FY 2021 and subsequent fiscal years, requiring the NRC to recover, to the maximum extent practicable, approximately 100 percent of its total budget authority for the fiscal year, less the budget authority for excluded activities. For FYs 2005
through 2020, OBRA90 required the NRC to recover approximately 90
percent of its budget authority for the fiscal year, less amounts for the activities excluded from fee recovery under OBRA90 or other legislation, through fees. The 10 percent of the remaining budget authority not recovered through fees was historically referred to as fee-relief activities. In this proposed rule, the NRC would establish a revised fee-recovery framework, which would eliminate the 10 percent limit on
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