; Fee Recovery for Fiscal Year 2016 (81 Fed. Reg. 41171 (June 24, 2016)), as may be adjusted annually by the Commission to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. (ii) Waiver The Commission may waive, for a period of 1 year, the cap on annual fees described in clause (i) if the Commission submits to the Committee on Appropriations and the Committee on Environment and Public Works of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives a written determination that the cap on annual fees may compromise the safety and security mission of the Commission. (C) Amount per licensee (i) In general The Commission shall establish by rule a schedule of fees fairly and equitably allocating the aggregate amount of charges described in subparagraph (A) among licensees and certificate holders. (ii) Requirement The schedule of fees under clause (i)— (I) to the maximum extent practicable, shall be based on the cost of providing regulatory services; and (II) may be based on the allocation of the resources of the Commission among licensees or certificate holders or classes of licensees or certificate holders. (D) Exemption (i) Definition of research reactor In this subparagraph, the term research reactor means a nuclear reactor that— (I) is licensed by the Commission under section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) for operation at a thermal power level of not more than 10 megawatts; and (II) if licensed under subclause (I) for operation at a thermal power level of more than 1 megawatt, does not contain— (aa) a circulating loop through the core in which the licensee conducts fuel experiments; (bb) a liquid fuel loading