10 C.F.R. § 170.31 Schedule of fees for materials licenses and other regulatory services, including inspections, and import and export licenses.
Title 10 - Energy
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. [71 FR 30747, July 31, 2006] [71 FR 30747, July 31, 2006]
Title 10: Energy
PART 170—FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
Schedule of Fees
§ 170.31 Schedule of fees for materials licenses and other regulatory services, including inspections, and import and export licenses.
Schedule of Materials Fees [See footnotes at end of table]------------------------------------------------------------------------Category of materials licenses and type of fees \1\ Fees 2 3------------------------------------------------------------------------1. Special nuclear material: A.(1) Licenses for possession and use of U- 235 or plutonium for fuel fabrication activities. (a) Strategic Special Nuclear Material Full Cost. (High Enriched Uranium). (b) Low Enriched Uranium in Dispersible Full Cost. Form Used for Fabrication of Power Reactor Fuel. (2) All other special nuclear materials licenses not included in Category 1.A.(1) which are licensed for fuel cycle activities. (a) Facilities with limited operations. Full Cost. (b) Gas centrifuge enrichment Full Cost. demonstration facilities. (c) Hot cell facilities................ Full Cost. 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). C. Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers: \4\ Application............................ $990. D. All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in combination that would constitute a critical quantity, as defined in § 150.11 of this chapter, for which the licensee shall pay the same fees as those for Category 1A: \4\ Application............................ $2,000. E. Licenses or certificates for Full Cost. construction and operation of a uranium enrichment facility.2. Source material: A.(1) Licenses for possession and use of Full Cost. source material for refining uranium mill concentrates to uranium hexafluoride. (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ leaching, 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) Class I facilities \4\............. Full Cost. (b) Class II facilities \4\............ Full Cost. (c) Other facilities \4\............... Full Cost. (3) Licenses that authorize the receipt of Full Cost. 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 2A(2) or Category 2A(4). (4) Licenses that authorize the receipt of Full Cost. 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 2A(2). B. Licenses which authorize the possession, use, and/or installation of source material for shielding: Application............................ $240. C. All other source material licenses: Application............................ $8,400.3. 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............................ $10,000. 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............................ $3,800. C. Licenses issued under §§ 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 § 170.11(a)(4). These licenses are covered by fee Category 3D. Application............................ $5,100. D. Licenses and approvals issued under §§ 32.72 and/or 32.74 of this chapter authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of byproduct material. This category includes licenses issued under §§ 32.72 and/or 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4). Application............................ $3,600. 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............................ $2,500. 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............................ $5,000. 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............................ $12,000. 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............................ $14,600. 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............................ $8,700. 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............................ $1,500. 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............................ $880. 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............................ $8,400. 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............................ $3,400. 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 3P; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4A, 4B, and 4C: Application............................ $3,800. O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations: Application............................ $3,500. P. All other specific byproduct material licenses, except those in Categories 4A through 9D: Application............................ $1,200. Q. Registration of a device(s) generally licensed under part 31 of this chapter: Registration........................... $730.4. Waste disposal and processing: A. Licenses specifically authorizing the Full Cost. 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: 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............................ $2,600. 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............................ $3,900.5. 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............................ $1,400. B. Licenses for possession and use of byproduct material for field flooding tracer studies: Licensing.............................. 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............................ $17,100.7. 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 teletherapy devices: Application............................ $9,400. 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: Application............................ $6,700. 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............................ $2,300.8. Civil defense: A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities: Application............................ $490.9. 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................ $21,000. 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................ $21,000. C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution: Application_each source................ $2,400. 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................ $810.10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers: 1. Spent Fuel, High-Level Waste, and Full Cost. 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........................ $5,600. Inspections........................ Full Cost. 2. Users Application........................ $5,600. 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, preapplication/ Full Cost. licensing activities, and inspections.13. A. Spent fuel storage cask Certificate of Full Cost. Compliance. B. Inspections related to storage of spent Full Cost. fuel under § 72.210 of this chapter.14. A. Byproduct, source, or special nuclear Full Cost. material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter. B. Site-specific decommissioning activities Full Cost. associated with unlicensed sites, regardless of whether or not the sites have been previously licensed. Part 170 fees for these activities will not be charged until July 25, 2006.15. 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 $13,900. amendment. 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, Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection Agency, etc. Application_new license, or $8,100. amendment. 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 $2,600. amendment. D. Application for export or import of nuclear material, including radioactive waste, not requiring Commission or Executive Branch review, or obtaining foreign government assurances. This category includes applications for export or import of radioactive waste where the NRC has previously authorized the export or import of the same form of waste to or from the same or similar parties located in the same country, requiring only confirmation from the receiving facility and licensing authorities that the shipments may proceed according to previously agreed understandings and procedures. Application_new license, or $1,700. amendment. 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.................... $320. 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).\5\Category 1 Exports: F. Application for export of Category 1 materials involving an exceptional circumstances review under 10 CFR 110.42(e)(4). Application_new license, or amendment.. $13,900. G. Application for export of Category 1 materials requiring Executive Branch review, Commission review, and government to government consent. Application_new license, or amendment.. $8,100. H. Application for export of Category 1 materials requiring Commission review and government to government consent. Application_new license, or amendment.. $5,100. I. Application for export of Category 1 material requiring government to government consent. Application_new license, or amendment.. $4,300.Category 2 Exports: J. Application for export of Category 2 materials involving an exceptional circumstances review under 10 CFR 110.42(e)(4). Application_new license, or amendment.. $13,900. K. Applications for export of Category 2 materials requiring Executive Branch review and Commission review. Application_new license, or amendment.. $8,100. L. Application for the export of Category 2 materials. Application_new license, or amendment.. $3,900.Category 1 Imports: M. Application for the import of Category 1 material requiring Commission review. Application_new license, or amendment.. $4,100. N. Application for the import of Category 1 material. Application_new license, or amendment.. $3,400.Category 2 Imports: O. Application for the import of Category 2 material. Application_new license, or amendment.. $3,000.Category 1 Imports with Agent and Multiple Licensees: P. Application for the import of Category 1 material with agent and multiple licensees requiring Commission review. Application_new license, or amendment.. $4,700. Q . Application for the import of Category 1 material with agent and multiple licensees. Application_new license, or amendment.. $3,900.Minor Amendments (Category 1 and 2 Export and Imports): R. 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 authorities. Minor amendment........................ $ 320.16. 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............................ $17,800.18. Department of Energy A. Certificates of Compliance. Evaluation Full Cost. of casks, packages, and shipping containers (including spent fuel, high- level waste, and other casks, and plutonium air packages). B. Uranium Mill Tailings Radiation Control Full Cost. Act (UMTRCA) activities.------------------------------------------------------------------------\1\ Types of fee_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; issuance 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 each category.(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 1C only.(b) Licensing fees. Fees for reviews of applications for new licenses and for renewals and amendments to existing licenses, for pre- application consultations and for reviews of other documents submitted to NRC for review, and for project manager time for fee categories subject to full cost fees (fee Categories 1A, 1B, 1E, 2A, 4A, 5B, 10A, 11, 12, 13A, and 14) are due upon notification by the Commission in accordance with § 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 a 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 non-routine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 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 Categories 9A through 9D.\3\ Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in § 170.20 in effect at the time the service is provided, and the appropriate contractual support services expended. For applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2, 1990, rules, but are still pending completion of the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff- hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by § 170.20, as appropriate, except for topical reports whose costs exceed $50,000. Costs which exceed $50,000 for each topical report, amendment, revision, or supplement to a topical report completed or under review from January 30, 1989, through August 8, 1991, will not be billed to the applicant. Any professional hours expended on or after August 9, 1991, will be assessed at the applicable rate established in § 170.20.\4\ Licensees paying fees under Categories 1A, 1B, and 1E are not subject to fees under Categories 1C and 1D for sealed sources authorized in the same license except for an application that deals only with the sealed sources authorized by the license.\5\ For a combined import and export license application for material listed in Appendix P to part 110 of this chapter, only the higher of the two applicable fee amounts must be paid.
