(a)(1) The provisions of this section apply to person(s) who are authorized to conduct activities under--
(1) The provisions of this section apply to person(s) who are authorized to conduct activities under--
(i) 10 CFR part 30 for byproduct material;
(ii) 10 CFR part 40 for source material;
(iii) 10 CFR part 70 for special nuclear material;
(iv) 10 CFR part 71 for packaging and transportation of radioactive material; and
(v) 10 CFR part 76 for uranium enrichment.
(2) Notwithstanding the other provisions in this section, the regulations in this part do not apply to uranium enrichment facilities until after the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license, as required in 10 CFR parts 40 and 70.
(3) In accordance with Sec. 171.17, each person identified in paragraph (a)(1) of this section shall pay the applicable annual fee for each license the person holds during the FY. Annual fees will be prorated for new licenses issued and for licenses for which termination is requested and activities permanently ceased during the FY as provided in Sec. 171.17. If a single license authorizes more than one activity (e.g., human use and irradiator activities), annual fees will be assessed for each fee category applicable to the license. If a person holds more than one license, the total annual fee assessed will be the cumulative total of the annual fees applicable to each license held.
(b) The annual fee is comprised of a base annual fee and an allocation for fee-relief adjustment. The activities comprising the fee-relief adjustment are shown in paragraph (e) of this section. The base annual fee is the sum of budgeted costs for the following activities:
(1) Generic and other research activities directly related to the regulation of materials licenses as defined in this part; and
(2) Other safety, environmental, and safeguards activities for materials licenses, except costs for licensing and inspection activities that are recovered under Part 170 of this chapter.
(c) A licensee who is required to pay an annual fee under this section, in addition to 10 CFR part 72 licenses, may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification along with its annual fee payment, the licensee may pay reduced annual fees as shown in the following table. Failure to file a small entity certification in a timely manner could result in the receipt of a delinquent invoice requesting the outstanding balance due and/or denial of any refund that might otherwise be due. The small entity fees are as follows: ------------------------------------------------------------------------
Maximum annual fee
per licensed
category------------------------------------------------------------------------Small Businesses Not Engaged in Manufacturing
(Average gross receipts over last 3 completed
fiscal years):
$485,000 to $7 million.......................... $2,800
Less than $485,000.............................. 600Small Not-For-Profit Organizations (Annual Gross
Receipts):
$485,000 to $7 million.......................... 2,800
Less than $485,000.............................. 600Manufacturing entities that have an average of 500
employees or fewer:
35 to 500 employees............................. 2,800
Fewer than 35 employees......................... 600Small Governmental Jurisdictions (Including publicly
supported educational institutions) (Population):
20,000 to 50,000................................ 2,800
Fewer than 20,000............................... 600Educational Institutions that are not State or
Publicly Supported, and have 500 Employees or Fewer
35 to 500 employees............................. 2,800
Fewer than 35 employees......................... 600------------------------------------------------------------------------
(d) The FY 2014 annual fees are comprised of a base annual fee and an allocation for fee-relief adjustment. The activities comprising the FY 2014 fee-relief adjustment are shown for convenience in paragraph (e) of this section. The FY 2014 annual fees for materials licensees and holders of certificates, registrations, or approvals subject to fees under this section are shown in the following table:
Schedule of Materials Annual Fees and Fees for Government Agencies
Licensed by NRC
[See footnotes at end of table]------------------------------------------------------------------------
Category of materials licenses Annual fees 1 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 $7,175,000.
Material (High Enriched Uranium)
[Program Code(s): 21130].
(b) Low Enriched Uranium in $2,469,000.
Dispersible Form Used for
Fabrication of Power Reactor Fuel
[Program Code(s): 21210].
(2) All other special nuclear materials
licenses not included in Category
(1) which are licensed for fuel
cycle activities:
(a) Facilities with limited $747,000.
operations [Program Code(s): 21310,
21320].
(b) Gas centrifuge enrichment $1,389,000.
demonstration facilities.
(c) Others, including hot cell $694,000.
facilities.
B. Licenses for receipt and storage of N/A.\11\
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 $3,800.
special nuclear material of less than a
critical mass, as defined in Sec.
70.4 of this chapter, in sealed sources
contained in devices used in industrial
measuring systems, including x-ray
fluorescence analyzers.\15\ [Program
Code(s): 22140].
D. All other special nuclear material $7,400.
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.\15\
[Program Code(s): 22110, 22111, 22120,
22131, 22136, 22150, 22151, 22161,
22170, 23100, 23300, 23310].
E. Licenses or certificates for the $3,395,000.
operation of a uranium enrichment
facility [Program Code(s): 21200].
F. For special nuclear materials $7,500.
licenses in sealed or unsealed form of
greater than a critical mass as defined
in Sec. 70.4 of this chapter.\15\
[Program Code: 22155].2. Source material:
(1) Licenses for possession and use $1,466,000.
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: 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 $33,800.
facilities [Program Code(s): 11100].
(b) Basic In Situ Recovery $42,800.
facilities [Program Code(s): 11500].
(c) Expanded In Situ Recovery $48,500.
facilities [Program Code(s): 11510].
(d) In Situ Recovery Resin $0.
facilities [Program Code(s): 11550].
(e) Resin Toll Milling facilities N/A.\5\
[Program Code(s): 11555].
(f) Other facilities \4\ [Program N/A.\5\
Code(s): 11700].
(3) Licenses that authorize the receipt N/A.\5\
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 receipt $19,200.
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 $5,600.
possession of source material related
to removal of contaminants (source
material) from drinking water [Program
Code(s): 11820].
B. Licenses that authorize possession, $3,300.
use, and/or installation of source
material for shielding.16 17 18
[Program Code: 11210].
C. Licenses to distribute items $12,500.
containing source material to persons
exempt from the licensing requirements
of part 40 of this chapter. [Program
Code: 11240].
D. Licenses to distribute source $5,100.
material to persons generally licensed
under part 40 of this chapter [Program
Code(s): 11230 and 11231].
E. Licenses for possession and use of $7,800.
source material for processing or
manufacturing of products or materials
containing source material for
commercial distribution. [Program Code:
11710].
F. All other source material licenses. $8,600.
[Program Code(s): 11200, 11220, 11221,
11300, 11800, 11810].3. Byproduct material:
A. Licenses of broad scope for $55,100.
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 [Program Code(s): 03211,
03212, 03213].
B. Other licenses for possession and use $13,800.
of byproduct material issued under part
30 of this chapter for processing or
manufacturing of items containing
byproduct material for commercial
distribution [Program Code(s): 03214,
03215, 22135, 22162].
C. Licenses issued under Sec. Sec. $20,200.
32.72 and/or 32.74 of this chapter
authorizing the processing or
manufacturing and distribution or
redistribution of radiopharmaceuticals,
generators, reagent kits, and/or
sources and devices containing
byproduct material. This category also
includes the possession and use of
source material for shielding
authorized under part 40 of this
chapter when included on the same
license. This category does not apply
to licenses issued to nonprofit
educational institutions whose
processing or manufacturing is exempt
under Sec. 171.11(a)(1). [Program
Code(s): 02500, 02511, 02513].
D. [Reserved]........................... N/A.\5\
E. Licenses for possession and use of $9,500.
byproduct material in sealed sources
for irradiation of materials in which
the source is not removed from its
shield (self-shielded units) [Program
Code(s): 03510, 03520].
F. Licenses for possession and use of $13,900.
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 in which the source is not
exposed for irradiation purposes
[Program Code(s): 03511].
G. Licenses for possession and use of $127,900.
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 in which the source is not
exposed for irradiation purposes
[Program Code(s): 03521].
H. Licenses issued under subpart A of $10,700.
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, except
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 [Program
Code(s): 03254, 03255].
I. Licenses issued under subpart A of $20,800.
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, except for 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 [Program Code(s): 03250,
03251, 03252, 03253, 03256].
J. Licenses issued under subpart B of $5,100.
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,
except specific licenses authorizing
redistribution of items that have been
authorized for distribution to persons
generally licensed under part 31 of
this chapter [Program Code(s): 03240,
03241, 03243].
K. Licenses issued under subpart B of $4,100.
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,
except specific licenses authorizing
redistribution of items that have been
authorized for distribution to persons
generally licensed under part 31 of
this chapter [Program Code(s): 03242,
03244].
L. Licenses of broad scope for $17,500.
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 [Program
Code(s): 01100, 01110, 01120, 03610,
03611, 03612, 03613].
M. Other licenses for possession and use $10,000.
of byproduct material issued under part
30 of this chapter for research and
development that do not authorize
commercial distribution [Program
Code(s): 03620].
N. Licenses that authorize services for $18,000.
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. [Program Code(s):
03219, 03225, 03226].
O. Licenses for possession and use of $29,800.
byproduct material issued under part 34
of this chapter for industrial
radiography operations. This category
also includes the possession and use of
source material for shielding
authorized under part 40 of this
chapter when authorized on the same
license [Program Code(s): 03310, 03320].
P. All other specific byproduct material $6,800.
licenses, except those in Categories
4.A. through 9.D.\19\ [Program Code(s):
02400, 02410, 03120, 03121, 03122,
03123, 03124, 03140, 03130, 03220,
03221, 03222, 03800, 03810, 22130].
Q. Registration of devices generally N/A.\13\
licensed under part 31 of this chapter.
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:\14\
1. Possession of quantities $9,600.
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 [Program Code(s): 02700].
2. Possession of quantities $9,200.
exceeding 10 times the number of
items or limits specified in 10 CFR
31.12(a)(4) or (5) [Program
Code(s): 02710].
S. Licenses for production of $33,000.
accelerator-produced radionuclides
[Program Code(s): 03210].4. Waste disposal and processing:
A. Licenses specifically authorizing the N/A.\5\
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 $21,100.
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 [Program Code(s):
03234].
C. Licenses specifically authorizing the $16,700.
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 [Program Code(s): 03232].5. Well logging:
A. Licenses for possession and use of $13,600.
byproduct material, source material,
and/or special nuclear material for
well logging, well surveys, and tracer
studies other than field flooding
tracer studies [Program Code(s): 03110,
03111, 03112].
B. Licenses for possession and use of N/A.\5\
byproduct material for field flooding
tracer studies. [Program Code(s):
03113].6. Nuclear laundries:
A. Licenses for commercial collection $44,400.
and laundry of items contaminated with
byproduct material, source material, or
special nuclear material [Program
Code(s): 03218].7. Medical licenses:
A. Licenses issued under parts 30, 35, $23,800.
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. This category also
includes the possession and use of
source material for shielding when
authorized on the same license.
[Program Code(s): 02300, 02310].
B. Licenses of broad scope issued to $35,700.
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.\9\
[Program Code(s): 02110].
C. Other licenses issued under parts 30, $9,900.
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. This
category also includes the possession
and use of source material for
shielding when authorized on the same
license.\9, 20\ [Program Code(s):
02120, 02121, 02200, 02201, 02210,
02220, 02230, 02231, 02240, 22160].8. Civil defense:
A. Licenses for possession and use of $9,600.
byproduct material, source material, or
special nuclear material for civil
defense activities [Program Code(s):
03710].9. Device, product, or sealed source safety
evaluation:
A. Registrations issued for the safety $8,600.
evaluation of devices or products
containing byproduct material, source
material, or special nuclear material,
except reactor fuel devices, for
commercial distribution.
B. Registrations issued for the safety $14,500.
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.
C. Registrations issued for the safety $8,400.
evaluation of sealed sources containing
byproduct material, source material, or
special nuclear material, except
reactor fuel, for commercial
distribution.
D. Registrations issued for the safety $1,700.
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.10. Transportation of radioactive material:
A. Certificates of Compliance or other
package approvals issued for design of
casks, packages, and shipping
containers:
1. Spent Fuel, High-Level Waste, and N/A.\6\
plutonium air packages.
2. Other Casks...................... N/A.\6\
B. Quality assurance program approvals
issued under part 71 of this chapter:
1. Users and Fabricators............ N/A.\6\
2. Users............................ N/A.\6\
C. Evaluation of security plans, route N/A.\6\
approvals, route surveys, and
transportation security devices
(including immobilization devices).11. Standardized spent fuel facilities...... N/A.\6\12. Special Projects [Program Code(s): N/A.\6\
25110].13. A. Spent fuel storage cask Certificate N/A.\6\
of Compliance.
B. General licenses for storage of spent N/A.\12\
fuel under 10 CFR 72.210.14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear N/A.\7\
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 master materials licenses
(MMLs) [Program Code(s): 3900, 11900,
21135, 21215, 21240, 21325, 22200].
B. Site-specific decommissioning N/A.\7\
activities associated with unlicensed
sites, including MMLs, whether or not
the sites have been previously licensed.15. Import and Export licenses.............. N/A.\8\16. Reciprocity............................. N/A.\8\17. Master materials licenses of broad scope $383,000.
issued to Government agencies [Program
Code(s): 03614].18. Department of Energy:
A. Certificates of Compliance........... $1,084,000.\10\
B. Uranium Mill Tailings Radiation $815,000.
Control Act (UMTRCA) activities.------------------------------------------------------------------------\1\ Annual fees will be assessed based on whether a licensee held a
valid license with the NRC authorizing possession and use of
radioactive material during the current FY. The annual fee is waived
for those materials licenses and holders of certificates,
registrations, and approvals who either filed for termination of their
licenses or approvals or filed for possession only/storage licenses
before October 1, 2012, and permanently ceased licensed activities
entirely before this date. Annual fees for licensees who filed for
termination of a license, downgrade of a license, or for a possession-
only license during the FY and for new licenses issued during the FY
will be prorated in accordance with the provisions of Sec. 171.17.
If a person holds more than one license, certificate, registration, or
approval, the annual fee(s) will be assessed for each license,
certificate, registration, or approval held by that person. For
licenses that authorize more than one activity on a single license
(e.g., human use and irradiator activities), annual fees will be
assessed for each category applicable to the license.\2\ Payment of the prescribed annual fee does not automatically renew
the license, certificate, registration, or approval for which the fee
is paid. Renewal applications must be filed in accordance with the
requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.\3\ Each FY, fees for these materials licenses will be calculated and
assessed in accordance with Sec. 171.13 and will be published in the
Federal Register for notice and comment.\4\ Other facilities include licenses for extraction of metals, heavy
metals, and rare earths.\5\ There are no existing NRC licenses in these fee categories. If NRC
issues a license for these categories, the Commission will consider
establishing an annual fee for this type of license.\6\ Standardized spent fuel facilities, 10 CFR parts 71 and 72
Certificates of Compliance and related Quality Assurance program
approvals, and special reviews, such as topical reports, are not
assessed an annual fee because the generic costs of regulating these
activities are primarily attributable to users of the designs,
certificates, and topical reports.\7\ Licensees in this category are not assessed an annual fee because
they are charged an annual fee in other categories while they are
licensed to operate.\8\ No annual fee is charged because it is not practical to administer
due to the relatively short life or temporary nature of the license.\9\ Separate annual fees will not be assessed for pacemaker licenses
issued to medical institutions that also hold nuclear medicine
licenses under fee categories 7.B. or 7.C.\10\ This includes Certificates of Compliance issued to the U.S.
Department of Energy that are not funded from the Nuclear Waste Fund.\11\ See Sec. 171.15(c).\12\ See Sec. 171.15(c).\13\ No annual fee is charged for this category because the cost of the
general license registration program applicable to licenses in this
category will be recovered through 10 CFR part 170 fees.\14\ 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.)\15\ Licensees paying annual fees under category 1.A., 1.B., and 1.E.
are not subject to the annual fees for categories 1.C., 1.D., and 1.F.
for sealed sources authorized in the license.\16\ Licensees paying fees under 3.O. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.\17\ Licensees paying fees under 3.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.\18\ Licensees paying fees under 7.C. are not subject to fees under 2.B.
for possession and shielding authorized on the same license.\19\ 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.\20\ 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.
(e) The fee-relief adjustment allocated to annual fees includes the budgeted resources for the activities listed in paragraph (e)(1) of this section, plus the total budgeted resources for the activities included in paragraphs (e)(2) and (e)(3) of this section, as reduced by the appropriations the NRC receives for these types of activities. If the NRC's appropriations for these types of activities are greater than the budgeted resources for the activities included in paragraphs (e)(2) and (e)(3) of this section for a given FY, a negative fee-relief adjustment (or annual fee reduction) will be allocated to annual fees. The activities comprising the FY 2014 fee-relief adjustment are as follows:
(1) Low-level waste disposal generic activities;
(2) Activities not attributable to an existing NRC licensee or class of licenses (e.g., international cooperative safety program and international safeguards activities, support for the Agreement State program); and
(3) Activities not currently subject to 10 CFR part 170 licensing and inspection fees based on existing law or Commission policy (e.g., reviews and inspections conducted of nonprofit educational institutions, costs that would not be collected from small entities based on Commission policy in accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., regulatory support for Agreement States, generic decommissioning/reclamation activities for fee classes other than power reactors and spent fuel storage/reactor decommissioning, the in-situ leach rulemaking, and activities for unregistered general licensees). [64 FR 31476, June 10, 1999; 64 FR 38816, July 20, 1999]
Editorial Note: For Federal Register citations affecting Sec. 171.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.