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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations reader, the ADAMS accession numbers and instructions about obtaining materials referenced in this document are provided in the Availability of Documents section of this document.
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:

NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 15, 170, and 171
NRC20180292
RIN 3150AK24

Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021
Nuclear Regulatory Commission.
ACTION: Final rule.
AGENCY:

Table of Contents
The U.S. Nuclear Regulatory Commission NRC is amending the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These amendments are necessary to implement the Nuclear Energy Innovation and Modernization Act NEIMA, which, beginning with 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 feerecovery requirement. In addition, the NRC is also making improvements associated with fee invoicing to implement provisions of NEIMA.
DATES: This final rule is effective on August 16, 2021.
ADDRESSES: Please refer to Docket ID
NRC20180292 when contacting the NRC about the availability of information for this action. You may obtain publicly-available 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. 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 final rule.
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, 301
4154737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number for each document referenced if it is available in ADAMS is provided the first time that it is mentioned in this document. For the convenience of the
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SUMMARY:

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I. Background; Statutory Authority II. Discussion III. Public Comment Analysis IV. Public Comments and NRC Responses V. Regulatory Flexibility Certification VI. Regulatory Analysis VII. Backfitting and Issue Finality VIII. Plain Writing IX. National Environmental Policy Act X. Paperwork Reduction Act Public Protection Notification XI. Congressional Review Act XII. Voluntary Consensus Standards XIII. Availability of Guidance XIV. Availability of Documents
I. Background; Statutory Authority A. Statutory Authority Revised Fee-Recovery Framework for FY 2021 and Subsequent Fiscal Years The NRC is amending the licensing, inspection, special project, and annual fees charged to its applicants and licensees. These amendments are necessary to implement Public Law 115439, NEIMA 42 U.S.C. 2215. 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 accuracy of invoices 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 through fees 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. The 10 percent of the remaining budget authority not recovered through fees was historically referred to as fee-relief activities. In this final rule, the NRC has established a
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revised fee-recovery framework, which eliminates the 10 percent limit on feerelief activities. Accordingly, the NRC
will no longer provide a fee-relief credit when the amount budgeted for feerelief activities is less than the 10
percent threshold, which would have decreased annual fees for licensees or assess a fee-relief surcharge when the amount budgeted for fee-relief activities is greater than the 10 percent threshold, which would have increased annual fees for licensees as part of the calculation of annual fees for each licensee fee class.
In FY 2021, the NRCs fee regulations are primarily governed by two laws: 1
The Independent Offices Appropriation Act, 1952 IOAA 31 U.S.C. 9701, and 2 NEIMA 42 U.S.C. 2215. The IOAA
authorizes and encourages Federal agencies to recoverto the fullest extent possiblecosts attributable to services provided to identifiable recipients.
Under NEIMA, the NRC must recover, to the maximum extent practicable, approximately 100 percent of its annual budget, less the budget authority for excluded activities. Under Section 102b1B of NEIMA, excluded activities include any fee-relief activity as identified by the Commission, generic homeland security activities, waste incidental to reprocessing activities, Nuclear Waste Fund activities, advanced reactor regulatory infrastructure activities, Inspector General services for the Defense Nuclear Facilities Safety Board, research and development at universities in areas relevant to the NRCs mission, and a nuclear science and engineering grant program.
In FY 2021, the fee-relief activities identified by the Commission are consistent with prior final fee rules and include Agreement State oversight, regulatory support to Agreement States, medical isotope production infrastructure, fee exemptions for nonprofit educational institutions, costs not recovered from small entities under 171.16c of title 10 of the Code of Federal Regulations 10 CFR, generic decommissioning/reclamation activities, the NRCs uranium recovery program and unregistered general licenses, potential U.S. Department of Defense Program Memorandum of Understanding activities Military Radium-226, and non-military radium sites. In addition, for FY 2021, the Commission identified international activities, not including the resources for import and export licensing, as feerelief activities to be excluded from the fee-recovery requirement.
Under NEIMA, the NRC must use its IOAA authority first to collect service
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