Code of Federal Regulations (alpha)

CFR /  Title 10  /  Part 170  /  Sec. 170.31 Schedule of fees for materials licenses and other licenses.

Applicants for materials licenses, import and export licenses, and other regulatory services, and holders of materials licenses or import and export licenses shall pay fees for the following categories of services. For those fee categories identified to be subject to full cost fees, full cost fees will be assessed for all licensing and inspection activities, unless otherwise indicated.

Schedule of Materials Fees

[See footnotes at end of table]------------------------------------------------------------------------Category of materials licenses and type of

fees \1\ Fee 2 3------------------------------------------------------------------------1. Special nuclear material:

(1) Licenses for possession and use

of U-235 or plutonium for fuel

fabrication activities:

(a) Strategic Special Nuclear Full Cost.

Material (High Enriched Uranium)

[Program Code(s): 21130].

(b) Low Enriched Uranium in Full Cost.

Dispersible Form Used for

Fabrication of Power Reactor Fuel

[Program Code(s): 21210].

(2) All other special nuclear

materials licenses not included in

(1) which are licensed

for fuel cycle activities:

(a) Facilities with limited Full Cost.

operations [Program Code(s):

21310, 21320].

(b) Gas centrifuge enrichment Full Cost.

demonstration facilities.

(c) Others, including hot cell Full Cost.

facilities.

B. Licenses for receipt and storage of Full Cost.

spent fuel and reactor-related

Greater than Class C (GTCC) waste at

an independent spent fuel storage

installation (ISFSI) [Program

Code(s): 23200].

C. Licenses for possession and use of

special nuclear material of less than

a critical mass as defined in Sec.

70.4 in sealed sources contained in

devices used in industrial measuring

systems, including x-ray fluorescence

analyzers.\4\

Application [Program Code(s): $1,300.

22140].

D. All other special nuclear material

licenses, except licenses authorizing

special nuclear material in sealed or

unsealed form in combination that

would constitute a critical mass, as

defined in Sec. 70.4 of this

chapter, for which the licensee shall

pay the same fees as those under

Category 1.A.\4\

Application [Program Code(s): $2,600.

22110, 22111, 22120, 22131,

22136, 22150, 22151, 22161,

22170, 23100, 23300, 23310].

E. Licenses or certificates for Full Cost.

construction and operation of a

uranium enrichment facility [Program

Code(s): 21200].

F. For special nuclear materials Full Cost.

licenses in sealed or unsealed form

of greater than a critical mass as

defined in Sec. 70.4 of this

chapter.\4\ [Program Code(s): 22155].2. Source material:

(1) Licenses for possession and use Full Cost.

of source material for refining

uranium mill concentrates to uranium

hexafluoride or for deconverting

uranium hexafluoride in the

production of uranium oxides for

disposal. [Program Code(s): 11400].

(2) Licenses for possession and use of

source material in recovery

operations such as milling, in-situ

recovery, heap-leaching, ore buying

stations, ion-exchange facilities,

and in processing of ores containing

source material for extraction of

metals other than uranium or thorium,

including licenses authorizing the

possession of byproduct waste

material (tailings) from source

material recovery operations, as well

as licenses authorizing the

possession and maintenance of a

facility in a standby mode.

(a) Conventional and Heap Leach Full Cost.

facilities [Program Code(s):

11100].

(b) Basic In Situ Recovery Full Cost.

facilities [Program Code(s):

11500].

(c) Expanded In Situ Recovery Full Cost.

facilities [Program Code(s):

11510].

(d) In Situ Recovery Resin Full Cost.

facilities [Program Code(s):

11550].

(e) Resin Toll Milling facilities Full Cost.

[Program Code(s): 11555].

(f) Other facilities [Program Full Cost.

Code(s): 11700].

(3) Licenses that authorize the Full Cost.

receipt of byproduct material, as

defined in Section 11e.(2) of the

Atomic Energy Act, from other persons

for possession and disposal, except

those licenses subject to the fees in

Category 2.A.(2) or Category 2.A.(4)

[Program Code(s): 11600, 12000].

(4) Licenses that authorize the Full Cost.

receipt of byproduct material, as

defined in Section 11e.(2) of the

Atomic Energy Act, from other persons

for possession and disposal

incidental to the disposal of the

uranium waste tailings generated by

the licensee's milling operations,

except those licenses subject to the

fees in Category 2.A.(2) [Program

Code(s): 12010].

(5) Licenses that authorize the Full Cost.

possession of source material related

to removal of contaminants (source

material) from drinking water

[Program Code(s): 11820].

B. Licenses which authorize the

possession, use, and/or installation

of source material for shielding.6 7

8

Application [Program Code(s): $1,230.

11210].

C. Licenses to distribute items

containing source material to persons

exempt from the licensing

requirements of part 40 of this

chapter.

Application [Program Code(s): $6,900.

11240].

D. Licenses to distribute source

material to persons generally

licensed under part 40 of this

chapter.

Application [Program Codes(s): $2,000.

11230, 11231].

E. Licenses for possession and use of

source material for processing or

manufacturing of products or

materials containing source material

for commercial distribution.

Application [Program Code(s): $2,800.

11710].

F. All other source material licenses.

Application [Program Code(s): $2,800.

11200, 11220, 11221, 11300,

11800, 11810].3. Byproduct material:

A. Licenses of broad scope for the

possession and use of byproduct

material issued under parts 30 and 33

of this chapter for processing or

manufacturing of items containing

byproduct material for commercial

distribution.

Application [Program Code(s): $13,100.

03211, 03212, 03213].

B. Other licenses for possession and

use of byproduct material issued

under part 30 of this chapter for

processing or manufacturing of items

containing byproduct material for

commercial distribution.

Application [Program Code(s): $3,900.

03214, 03215, 22135, 22162].

C. Licenses issued under Sec. Sec.

32.72 and/or 32.74 of this chapter

that authorize the processing or

manufacturing and distribution or

redistribution of

radiopharmaceuticals, generators,

reagent kits, and/or sources and

devices containing byproduct

material. This category does not

apply to licenses issued to nonprofit

educational institutions whose

processing or manufacturing is exempt

under Sec. 170.11(a)(4).

Application [Program Code(s): $4,900.

02500, 02511, 02513].

D. [Reserved]......................... N/A.

E. Licenses for possession and use of

byproduct material in sealed sources

for irradiation of materials in which

the source is not removed from its

shield (self-shielded units).

Application [Program Code(s): $3,200.

03510, 03520].

F. Licenses for possession and use of

less than 10,000 curies of byproduct

material in sealed sources for

irradiation of materials in which the

source is exposed for irradiation

purposes. This category also includes

underwater irradiators for

irradiation of materials where the

source is not exposed for irradiation

purposes.

Application [Program Code(s): $6,500.

03511].

G. Licenses for possession and use of

10,000 curies or more of byproduct

material in sealed sources for

irradiation of materials in which the

source is exposed for irradiation

purposes. This category also includes

underwater irradiators for

irradiation of materials where the

source is not exposed for irradiation

purposes.

Application [Program Code(s): $62,400.

03521].

H. Licenses issued under Subpart A of

part 32 of this chapter to distribute

items containing byproduct material

that require device review to persons

exempt from the licensing

requirements of part 30 of this

chapter. The category does not

include specific licenses authorizing

redistribution of items that have

been authorized for distribution to

persons exempt from the licensing

requirements of part 30 of this

chapter.

Application [Program Code(s): $5,100.

03254, 03255, 03257].

I. Licenses issued under Subpart A of

part 32 of this chapter to distribute

items containing byproduct material

or quantities of byproduct material

that do not require device evaluation

to persons exempt from the licensing

requirements of part 30 of this

chapter. This category does not

include specific licenses authorizing

redistribution of items that have

been authorized for distribution to

persons exempt from the licensing

requirements of part 30 of this

chapter.

Application [Program Code(s): $11,500.

03250, 03251, 03252, 03253,

03256].

J. Licenses issued under Subpart B of

part 32 of this chapter to distribute

items containing byproduct material

that require sealed source and/or

device review to persons generally

licensed under part 31 of this

chapter. This category does not

include specific licenses authorizing

redistribution of items that have

been authorized for distribution to

persons generally licensed under part

31 of this chapter.

Application [Program Code(s): $2,000.

03240, 03241, 03243].

K. Licenses issued under Subpart B of

part 32 of this chapter to distribute

items containing byproduct material

or quantities of byproduct material

that do not require sealed source and/

or device review to persons generally

licensed under part 31 of this

chapter. This category does not

include specific licenses authorizing

redistribution of items that have

been authorized for distribution to

persons generally licensed under part

31 of this chapter.

Application [Program Code(s): $1,100.

03242, 03244].

L. Licenses of broad scope for

possession and use of byproduct

material issued under parts 30 and 33

of this chapter for research and

development that do not authorize

commercial distribution.

Application [Program Code(s): $5,500.

01100, 01110, 01120, 03610,

03611, 03612, 03613].

M. Other licenses for possession and

use of byproduct material issued

under part 30 of this chapter for

research and development that do not

authorize commercial distribution.

Application [Program Code(s): $3,700.

03620].

N. Licenses that authorize services

for other licensees, except:

(1) Licenses that authorize only

calibration and/or leak testing

services are subject to the fees

specified in fee Category 3.P.;

and

(2) Licenses that authorize waste

disposal services are subject to

the fees specified in fee

Categories 4.A., 4.B., and 4.C.

Application [Program Code(s): $7,400.

03219, 03225, 03226].

O. Licenses for possession and use of

byproduct material issued under part

34 of this chapter for industrial

radiography operations.

Application [Program Code(s): $4,100.

03310, 03320].

P. All other specific byproduct

material licenses, except those in

Categories 4.A. through 9.D.\9\

Application [Program Code(s): $2,000.

02400, 02410, 03120, 03121,

03122, 03123, 03124, 03130,

03140, 03220, 03221, 03222,

03800, 03810, 22130].

Q. Registration of a device(s)

generally licensed under part 31 of

this chapter.

Registration...................... $400.

R. Possession of items or products

containing radium-226 identified in

10 CFR 31.12 which exceed the number

of items or limits specified in that

section.\5\

1. Possession of quantities

exceeding the number of items or

limits in 10 CFR 31.12(a)(4), or

(5) but less than or equal to 10

times the number of items or

limits specified.

Application [Program Code(s): $2,600.

02700].

2. Possession of quantities

exceeding 10 times the number of

items or limits specified in 10

CFR 31.12(a)(4), or (5).

Application [Program Code(s): $2,000.

02710].

S. Licenses for production of

accelerator-produced radionuclides.

Application [Program Code(s): $13,200.

03210].4. Waste disposal and processing:

A. Licenses specifically authorizing Full Cost.

the receipt of waste byproduct

material, source material, or special

nuclear material from other persons

for the purpose of contingency

storage or commercial land disposal

by the licensee; or licenses

authorizing contingency storage of

low-level radioactive waste at the

site of nuclear power reactors; or

licenses for receipt of waste from

other persons for incineration or

other treatment, packaging of

resulting waste and residues, and

transfer of packages to another

person authorized to receive or

dispose of waste material. [Program

Code(s): 03231, 03233, 03235, 03236,

06100, 06101].

B. Licenses specifically authorizing

the receipt of waste byproduct

material, source material, or special

nuclear material from other persons

for the purpose of packaging or

repackaging the material. The

licensee will dispose of the material

by transfer to another person

authorized to receive or dispose of

the material.

Application [Program Code(s): $6,000.

03234].

C. Licenses specifically authorizing

the receipt of prepackaged waste

byproduct material, source material,

or special nuclear material from

other persons. The licensee will

dispose of the material by transfer

to another person authorized to

receive or dispose of the material.

Application [Program Code(s): $5,000.

03232].5. Well logging:

A. Licenses for possession and use of

byproduct material, source material,

and/or special nuclear material for

well logging, well surveys, and

tracer studies other than field

flooding tracer studies.

Application [Program Code(s): $3,900.

03110, 03111, 03112].

B. Licenses for possession and use of

byproduct material for field flooding

tracer studies.

Licensing [Program Code(s): 03113] Full Cost.6. Nuclear laundries:

A. Licenses for commercial collection

and laundry of items contaminated

with byproduct material, source

material, or special nuclear

material.

Application [Program Code(s): $22,300.

03218].7. Medical licenses:

A. Licenses issued under parts 30, 35,

40, and 70 of this chapter for human

use of byproduct material, source

material, or special nuclear material

in sealed sources contained in gamma

stereotactic radiosurgery units,

teletherapy devices, or similar beam

therapy devices.

Application [Program Code(s): $9,000.

02300, 02310].

B. Licenses of broad scope issued to

medical institutions or two or more

physicians under parts 30, 33, 35,

40, and 70 of this chapter

authorizing research and development,

including human use of byproduct

material, except licenses for

byproduct material, source material,

or special nuclear material in sealed

sources contained in teletherapy

devices. This category also includes

the possession and use of source

material for shielding when

authorized on the same license.\10\

Application [Program Code(s): $8,700.

02110].

C. Other licenses issued under parts

30, 35, 40, and 70 of this chapter

for human use of byproduct material,

source material, and/or special

nuclear material, except licenses for

byproduct material, source material,

or special nuclear material in sealed

sources contained in teletherapy

devices.

Application [Program Code(s): $3,400.

02120, 02121, 02200, 02201,

02210, 02220, 02230, 02231,

02240, 22160].8. Civil defense:

A. Licenses for possession and use of

byproduct material, source material,

or special nuclear material for civil

defense activities.

Application [Program Code(s): $2,600.

03710].

9. Device, product, or sealed source

safety evaluation:

A. Safety evaluation of devices or

products containing byproduct

material, source material, or special

nuclear material, except reactor fuel

devices, for commercial distribution.

Application--each device.......... $5,400.

B. Safety evaluation of devices or

products containing byproduct

material, source material, or special

nuclear material manufactured in

accordance with the unique

specifications of, and for use by, a

single applicant, except reactor fuel

devices.

Application--each device.......... $9,100.

C. Safety evaluation of sealed sources

containing byproduct material, source

material, or special nuclear

material, except reactor fuel, for

commercial distribution.

Application--each source.......... $5,300.

D. Safety evaluation of sealed sources

containing byproduct material, source

material, or special nuclear

material, manufactured in accordance

with the unique specifications of,

and for use by, a single applicant,

except reactor fuel.

Application--each source.......... $1,060.10. Transportation of radioactive

material:

A. Evaluation of casks, packages, and

shipping containers:

1. Spent Fuel, High-Level Waste, Full Cost.

and plutonium air packages.

2. Other Casks.................... Full Cost.

B. Quality assurance program approvals

issued under part 71 of this chapter:

1. Users and Fabricators:

Application................... $4,200.

Inspections................... Full Cost.

2. Users:

Application................... $4,200.

Inspections................... Full Cost.

C. Evaluation of security plans, route Full Cost.

approvals, route surveys, and

transportation security devices

(including immobilization devices).11. Review of standardized spent fuel Full Cost.

facilities.12. Special projects:

Including approvals, pre-application/

licensing activities, and

inspections:

Application [Program Code: 25110]. Full Cost.13. A. Spent fuel storage cask Certificate Full Cost.

of Compliance.

B. Inspections related to storage of Full Cost.

spent fuel under Sec. 72.210 of

this chapter.14. A. Byproduct, source, or special Full Cost.

nuclear material licenses and other

approvals authorizing decommissioning,

decontamination, reclamation, or site

restoration activities under parts 30,

40, 70, 72, and 76 of this chapter,

including MMLs. Application [Program

Code(s): 3900, 11900, 21135, 21215,

21240, 21325, 22200]

B. Site-specific decommissioning Full Cost.

activities associated with unlicensed

sites, including MMLs, regardless of

whether or not the sites have been

previously licensed.15. Import and Export licenses:

Licenses issued under part 110 of this

chapter for the import and export

only of special nuclear material,

source material, tritium and other

byproduct material, and the export

only of heavy water, or nuclear grade

graphite (fee categories 15.A.

through 15.E.)

A. Application for export or import of

nuclear materials, including

radioactive waste requiring

Commission and Executive Branch

review, for example, those actions

under 10 CFR 110.40(b).

Application--new license, or $18,200.

amendment; or license exemption

request.

B. Application for export or import of

nuclear material, including

radioactive waste, requiring

Executive Branch review, but not

Commission review. This category

includes applications for the export

and import of radioactive waste and

requires NRC to consult with domestic

host state authorities (i.e., Low-

Level Radioactive Waste Compact

Commission, the U.S. Environmental

Protection Agency, etc.).

Application--new license, or $9,800.

amendment; or license exemption

request.

C. Application for export of nuclear

material, for example, routine

reloads of low enriched uranium

reactor fuel and/or natural uranium

source material requiring the

assistance of the Executive Branch to

obtain foreign government assurances.

Application--new license, or $4,500.

amendment; or license exemption

request.

D. Application for export or import of

nuclear material not requiring

Commission or Executive Branch

review, or obtaining foreign

government assurances.

Application--new license, or $3,400.

amendment; or license exemption

request.

E. Minor amendment of any active

export or import license, for

example, to extend the expiration

date, change domestic information, or

make other revisions which do not

involve any substantive changes to

license terms and conditions or to

the type/quantity/chemical

composition of the material

authorized for export and, therefore,

do not require in-depth analysis,

review, or consultations with other

Executive Branch, U.S. host state, or

foreign government authorities.

Minor amendment................... $1,400.

Licenses issued under part 110 of this

chapter for the import and export

only of Category 1 and Category 2

quantities of radioactive material

listed in Appendix P to part 110 of

this chapter (fee categories 15.F.

through 15.R.).Category 1 (Appendix P, 10 CFR Part 110)

Exports:

F. Application for export of Appendix

P Category 1 materials requiring

Commission review (e.g. exceptional

circumstance review under 10 CFR

110.42(e)(4)) and to obtain

government-to-government consent for

this process. For additional consent

see 15.I.).

Application--new license, or $15,400.

amendment; or license exemption

request.

G. Application for export of Appendix

P Category 1 materials requiring

Executive Branch review and to obtain

government-to-government consent for

this process. For additional consents

see 15.I..Application--new license, or amendment; or $8,900.

license exemption request.

H. Application for export of Appendix

P Category 1 materials and to obtain

one government-to-government consent

for this process. For additional

consents see 15.I.

Application--new license, or $6,700.

amendment; or license exemption

request.

I. Requests for each additional

government-to-government consent in

support of an export license

application or active export license.

Application--new license, or $280.

amendment; or license exemption

request.Category 2 (Appendix P, 10 CFR Part 110)

Exports:

J. Application for export of Appendix

P Category 2 materials requiring

Commission review (e.g. exceptional

circumstance review under 10 CFR

110.42(e)(4)).

Application--new license, or $15,400.

amendment; or license exemption

request.

K. Applications for export of Appendix

P Category 2 materials requiring

Executive Branch review.

Application--new license, or $8,900.

amendment; or license exemption

request.

L. Application for the export of

Category 2 materials.

Application--new license, or $5,600.

amendment; or license exemption

request.

M. [Reserved]......................... N/A.

N. [Reserved]......................... N/A.

O. [Reserved]......................... N/A.

P. [Reserved]......................... N/A.

Q. [Reserved]......................... N/A.Minor Amendments (Category 1 and 2,

Appendix P, 10 CFR Part 110, Export):

R. Minor amendment of any active

export license, for example, to

extend the expiration date, change

domestic information, or make other

revisions which do not involve any

substantive changes to license terms

and conditions or to the type/

quantity/chemical composition of the

material authorized for export and,

therefore, do not require in-depth

analysis, review, or consultations

with other Executive Branch, U.S.

host state, or foreign authorities.

Minor amendment................... $1,400.16. Reciprocity:

Agreement State licensees who conduct

activities under the reciprocity

provisions of 10 CFR 150.20:

Application....................... $1,900.17. Master materials licenses of broad

scope issued to Government agencies.

Application [Program Code(s): Full Cost.

03614].18. Department of Energy:

A. Certificates of Compliance. Full Cost.

Evaluation of casks, 11 packages, and

shipping containers (including spent

fuel, high-level waste, and other

casks, and plutonium air packages).

B. Uranium Mill Tailings Radiation Full Cost.

Control Act (UMTRCA) activities.------------------------------------------------------------------------\1\ Types of fees--Separate charges, as shown in the schedule, will be

assessed for pre-application consultations and reviews; applications

for new licenses, approvals, or license terminations; possession-only

licenses; issuances of new licenses and approvals; certain amendments

and renewals to existing licenses and approvals; safety evaluations of

sealed sources and devices; generally licensed device registrations;

and certain inspections. The following guidelines apply to these

charges:(a) Application and registration fees. Applications for new materials

licenses and export and import licenses; applications to reinstate

expired, terminated, or inactive licenses, except those subject to

fees assessed at full costs; applications filed by Agreement State

licensees to register under the general license provisions of 10 CFR

150.20; and applications for amendments to materials licenses that

would place the license in a higher fee category or add a new fee

category must be accompanied by the prescribed application fee for

(1) Applications for licenses covering more than one fee category of

special nuclear material or source material must be accompanied by the

prescribed application fee for the highest fee category.(2) Applications for new licenses that cover both byproduct material and

special nuclear material in sealed sources for use in gauging devices

will pay the appropriate application fee for fee category 1.C. only.(b) Licensing fees. Fees for reviews of applications for new licenses,

renewals, and amendments to existing licenses, pre-application

consultations and other documents submitted to the NRC for review, and

project manager time for fee categories subject to full cost fees are

due upon notification by the Commission in accordance with Sec.

170.12(b).(c) Amendment fees. Applications for amendments to export and import

licenses must be accompanied by the prescribed amendment fee for each

license affected. An application for an amendment to an export or

import license or approval classified in more than one fee category

must be accompanied by the prescribed amendment fee for the category

affected by the amendment, unless the amendment is applicable to two

or more fee categories, in which case the amendment fee for the

highest fee category would apply.(d) Inspection fees. Inspections resulting from investigations conducted

by the Office of Investigations and nonroutine inspections that result

from third-party allegations are not subject to fees. Inspection fees

are due upon notification by the Commission in accordance with Sec.

170.12(c).(e) Generally licensed device registrations under 10 CFR 31.5.

Submittals of registration information must be accompanied by the

prescribed fee.

\2\ Fees will not be charged for orders related to civil penalties or

other civil sanctions issued by the Commission under 10 CFR 2.202 or

for amendments resulting specifically from the requirements of these

orders. For orders unrelated to civil penalties or other civil

sanctions, fees will be charged for any resulting licensee-specific

activities not otherwise exempted from fees under this chapter. Fees

will be charged for approvals issued under a specific exemption

provision of the Commission's regulations under Title 10 of the Code

of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and

any other sections in effect now or in the future), regardless of

whether the approval is in the form of a license amendment, letter of

approval, safety evaluation report, or other form. In addition to the

fee shown, an applicant may be assessed an additional fee for sealed

source and device evaluations as shown in fee categories 9.A. through

9.D.\3\ Full cost fees will be determined based on the professional staff

time multiplied by the appropriate professional hourly rate

established in Sec. 170.20 in effect when the service is provided,

and the appropriate contractual support services expended.\4\ Licensees paying fees under categories 1.A., 1.B., and 1.E. are not

subject to fees under categories 1.C., 1.D. and 1.F. for sealed

sources authorized in the same license, except for an application that

deals only with the sealed sources authorized by the license.\5\ Persons who possess radium sources that are used for operational

purposes in another fee category are not also subject to the fees in

this category. (This exception does not apply if the radium sources

are possessed for storage only.)\6\ Licensees paying fees under 3.O. are not subject to fees under 2.B.

for possession and shielding authorized on the same license.\7\ Licensees paying fees under 3.C. are not subject to fees under 2.B.

for possession and shielding authorized on the same license.\8\ Licensees paying fees under 7.C. are not subject to fees under 2.B.

for possession and shielding authorized on the same license.\9\ Licensees paying fees under 3.N. are not subject to paying fees

under 3.P. for calibration or leak testing services authorized on the

same license.\10\ Licensees paying fees under 7.B. are not subject to paying fees

under 7.C. for broad scope license licenses issued under parts 30, 35,

40, and 70 of this chapter for human use of byproduct material, source

material, and/or special nuclear material, except licenses for

byproduct material, source material, or special nuclear material in

sealed sources contained in teletherapy devices authorized on the same

license. [71 FR 30747, July 31, 2006, as amended at 75 FR 34235, June 16, 2010; 76 FR 36797, June 22, 2011; 76 FR 72087, Nov. 22, 2011; 77 FR 35827, June 13, 2012; 78 FR 32341, May 29, 2013; 78 FR 39428, July 1, 2013; 78 FR 54959, Sept. 9, 2013; 79 FR 37145, June 30, 2014; 79 FR 51471, Aug. 29, 2014]