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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules TABLE IIIPROFESSIONAL HOURLY RATE CALCULATION
Dollars in millions, except as noted FY 2020
final rule
FY 2021
proposed rule
Mission-Direct Program Salaries & Benefits
Mission-Indirect Program Support
Agency Support Corporate Support and the IG

$314.6
$110.8
$291.5

$335.3
$113.2
$283.7

Subtotal
Less Offsetting Receipts 2
Total Budgeted Resources Included in Professional Hourly Rate
Mission-Direct FTE Whole numbers
Annual Mission-Direct FTE Productive Hours Whole numbers
Mission-Direct FTE Converted to Hours Mission-Direct FTE multiplied by Annual Mission-Direct FTE Productive Hours In Millions
Professional Hourly Rate Total Budgeted Resources Included in Professional Hourly Rate Divided by MissionDirect FTE Converted to Hours Whole Numbers

$716.9
$0.0
$716.9
1,701
1,510

$732.2
$0.0
$732.2
1,684
1,510

2,568,510

2,542,840

$279

$288

FY 2021 Fee CollectionFlat Application Fee Changes The NRC proposes to amend the flat application fees it charges in its schedule of fees in 170.21 and 170.31
to reflect the revised professional hourly rate of $288. The NRC charges these fees to applicants for materials licenses and other regulatory services, as well as to holders of materials licenses. The NRC
calculates these flat fees by multiplying the average professional staff hours needed to process the licensing actions by the professional hourly rate for FY
2021. As part of its calculations, the NRC analyzes the actual hours spent performing licensing actions and estimates the five-year average of professional staff hours that are needed to process licensing actions as part of its biennial review of fees; these actions are required by Section 205a of the Chief Financial Officers Act of 1990 31 U.S.C.
902a8. The NRC performed this review in FY 2021 and will perform this review again in FY 2023. The biennial review adjustments and the higher professional hourly rate of $288 are the primary reasons for the increase in application fees see the work papers.
In order to simplify billing, the NRC
rounds these flat fees to a minimal
degree. Specifically, the NRC rounds these flat fees up or down in such a way that ensures both convenience for its stakeholders and that any rounding effects are minimal. Accordingly, fees under $1,000 are rounded to the nearest $10, fees between $1,000 and $100,000
are rounded to the nearest $100, and fees greater than $100,000 are rounded to the nearest $1,000.
The proposed licensing flat fees are applicable for import and export licensing actions see fee categories K.1.
through K.5. of 170.21 and fee categories 15.A. through 15.R. of 170.31, as well as certain materials licensing actions see fee categories 1.C.
through 1.D., 2.B. through 2.F., 3.A.
through 3.S., 4.B. through 5.A., 6.A.
through 9.D., 10.B., 15.A. through 15.L., 15.R., and 16 of 170.31. Applications filed on or after the effective date of the FY 2021 final fee rule will be subject to the revised fees in the final rule.
FY 2021 Fee CollectionLow-Level Waste Surcharge As in prior years, the NRC proposes to assess a generic low-level waste LLW surcharge of $3.4 million.
Disposal of LLW occurs at commercially operated LLW disposal facilities that are
licensed by either the NRC or an Agreement State. Four existing LLW
disposal facilities in the United States accept various types of LLW. All are located in Agreement States and, therefore, are regulated by an Agreement State, rather than the NRC. The NRC
proposes to allocate this surcharge to its licensees based on data available in the U.S. Department of Energys DOE
Manifest Information Management System. This database contains information on total LLW volumes disposed of by four generator classes:
Academic, industrial, medical, and utility. The ratio of waste volumes disposed of by these generator classes to total LLW volumes disposed over a period of time is used to estimate the portion of this surcharge that will be allocated to the power reactors, fuel facilities, and the materials users fee classes. The materials users fee class portion is adjusted to account for the large percentage of materials licensees that are licensed by the Agreement States rather than the NRC.
Table IV shows the allocation of the LLW surcharge and its proposed allocation across the various fee classes.

TABLE IVALLOCATION OF LLW SURCHARGE FY 2021
Dollars in millions LLW surcharge
tkelley on DSKBCP9HB2PROD with PROPOSALS

Percent Operating Power Reactors
Spent Fuel Storage/Reactor Decommissioning
Non-Power Production or Utilization Facilities
2 The fees collected by the NRC for Freedom of Information Act FOIA services and indemnity fees financial protection required of all licensees for public liability claims at 10 CFR part 140 are subtracted from the budgeted resources amount when calculating the 10 CFR part 170 professional
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hourly rate, per the guidance in the Office of Management and Budget OMB Circular A25, User Charges. The budgeted resources for FOIA
activities are allocated under the product for Information Services within the Corporate Support business line. The budgeted resources for
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87.4
0.0
0.0

$
2.938
0.000
0.000

indemnity activities are allocated under the Licensing Actions and Research and Test Reactors products within the Operating Reactors business line.

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