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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations
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System, and Reference systems concept.
The NRC is amending 170.3 to eliminate definitions for Balance of plants, Nuclear Steam Supply System, and Reference systems concept. These definitions are no longer applicable in 10 CFR part 170.
These definitions were added in the FY
1977 final fee rule 43 FR 7210; March 23, 1978 to resolve issues concerning assessing fees for balance of plant reviews, related to a previous fee category category A.4.b in the table at 170.21 for standardized designreference systems concept, that was not subject to full cost recovery. In the FY
1991 final fee rule, the NRC amended 10
CFR parts 52 and 170 to assess licensing fees for the review of standardized reactor designs, which would be subject to full cost recovery 56 FR 31472; July 10, 1991. This amendment to eliminate these definitions will not impact the NRCs assessment of 10 CFR part 170
fees for service.
4. Remove footnote 6 to the table in 170.21, and footnote 12 to the table in 170.31.
The NRC is removing footnote 6 to the table in 170.21 and footnote 12 to the table in 170.31 because 1 Congress has not enacted legislation that would exclude import and export activities from the fee-recoverable budget in FY
2021; and 2 in accordance with NEIMA, for FY 2021, the NRC identified international activities as fee-relief activities, but it did not include resources for import and export licensing. The NRC, therefore, will charge fees for import and export licensing actions.
5. Amend 171.5, Definitions, to replace the reference in Budget authority.
The NRC is amending the definition of budget authority to replace the reference to Public Law 101508 i.e., OBRA90 with a reference to Public Law 115439 i.e., NEIMA. Effective October 1, 2020, NEIMA repealed Section 6101 of OBRA90 and put in place a revised fee-recovery framework, requiring the NRC to recover, to the maximum extent practicable, approximately 100 percent of its annual budget, less the budget authority for excluded activities.
6. Amend 171.11c, Exemptions.
The NRC is revising 171.11c to change the or in the section to and.

This change accurately reflects that even when an exemption is in the public interest, the NRC cannot grant the exemption unless it is authorized by law. This change also harmonizes 171.11c with 170.11b, which uses and. This change does not alter the NRCs fee exemption policy.
7. Technical Correction.
The NRC is making a technical correction to the program codes referenced in 170.31 and 171.16.
Under 170.31 and 171.16, the NRC is removing program code 03252 since it is no longer in use for fee category 3I.
Under 171.16, the NRC is replacing the program codes referenced for fee category 3A1 with 04010, 04012, and 04014 to reflect the correct program codes that should be cited for this fee category. Currently, 3A1 references program codes 03211, 03212 and 03213.
The NRC is also removing program 03235 referenced in fee category 4A
since it is used as a secondary program code and no fees are charged to this code.
Update on the Fees Transformation Initiative In the staff requirements memorandum SRM, 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. 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.
The one fees transformation activity yet to be 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 SBA. On December 7, 2020, the staff submitted SECY200111, 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. In the SRM for SECY20
0111 ADAMS Accession No.
ML21029A186, the Commission approved the staffs recommendation to initiate a rulemaking to amend the NRCs small business size standards in 2.810 and 171.16c to comply with the Small Business Runway Extension Act of 2018 Runway Act and related SBA regulations and to reflect inflation adjustments. The NRC is currently in the process of developing the proposed rule. 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 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.
III. Public Comment Analysis Overview of Public Comments The NRC published a proposed rule on February 22, 2021 86 FR 10459, and requested public comment on its proposed revisions to 10 CFR parts 15, 170, and 171. By the close of the comment period, the NRC received eight written comment submissions on the FY
2021 proposed rule. In general, the commenters were supportive of the specific proposed regulatory changes.
Some commenters expressed concerns about broader fee-policy issues related to transparency, the overall size of the NRCs budget, fairness of fees, and budget formulation. Some commenters concerns were outside the scope of the fee rule.
The commenters are listed in Table XIX.

TABLE XIXFY 2021 PROPOSED FEE RULE COMMENTER SUBMISSIONS
Commenter
Affiliation
ADAMS
accession No.

Andrew Straw
M. Keller

N/A
Hybrid Power Technologies LLC

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