10 C.F.R. § 171.16 Annual fees: Materials licensees, holders of certificates of compliance, holders of sealed source and device registrations, holders of quality assurance program approvals, and government agencies licensed by the NRC.
Title 10 - Energy
(a)(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) Each person identified in paragraph (a)(1) of this section shall pay an annual fee for each license the person holds at any time during the first six months of the Federal fiscal year (October 1 through March 31). Annual fees will be prorated for new licenses issued and for licenses for which termination is requested and activities permanently ceased during the period October 1 through March 31 of the fiscal year as provided in §171.17 of this section. 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 you hold more than one license, the total annual fee you will be assessed will be the cumulative total of the annual fees applicable to the licenses you hold. (b) The annual fee is comprised of a base annual fee and an additional charge (surcharge). The activities comprising the surcharge are shown in paragraph (e) of this section. The activities comprising the base annual fee is the sum of the NRC budgeted costs for: (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 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 denial of any refund that might otherwise be due. The small entity fees are as follows: (1) A licensee qualifies as a small entity if it meets the size standards established by the NRC (See 10 CFR 2.810). (2) A licensee who seeks to establish status as a small entity for the purpose of paying the annual fees required under this section must file a certification statement with the NRC. The licensee must file the required certification on NRC Form 526 for each license under which it is billed. NRC Form 526 can be accessed through the NRC's Web site at http://www.nrc.gov. For licensees who cannot access the NRC's Web site, NRC Form 526 may be obtained through the local point of contact listed in the NRC's “Materials Annual Fee Billing Handbook,” NUREG/BR–0238, which is enclosed with each annual fee billing. The form can also be obtained by calling the fee staff at 301–415–7554, or by e-mailing the fee staff at [email protected]. (3) For purposes of this section, the licensee must submit a new certification with its annual fee payment each year. (4) The maximum annual fee a small entity is required to pay is $2,300 for each category applicable to the license(s). (d) The FY 2006 annual fees are comprised of a base annual fee and an additional charge (surcharge). The activities comprising the FY 2006 surcharge are shown for convenience in paragraph (e) of this section. The FY 2006 annual fees for materials licensees and holders of certificates, registrations or approvals subject to fees under this section are shown in the following table: [64 FR 31476, June 10, 1999; 64 FR 38816, July 20, 1999, as amended at 65 FR 36965, June 12, 2000; 65 FR 44573, July 18, 2000; 66 FR 32474, June 14, 2001; 67 FR 42635, June 24, 2002; 68 FR 36734, June 18, 2003; 68 FR 46439, Aug. 6, 2003; 69 FR 22681, Apr. 26, 2004; 70 FR 30549, May 26, 2005; 70 FR 33820, June 10, 2005; 70 FR 46265, Aug. 9, 2005; 71 FR 30753, May 30, 2006; 71 FR 33190, June 8, 2006]
Title 10: Energy
PART 171—ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE NRC
§ 171.16 Annual fees: Materials licensees, holders of certificates of compliance, holders of sealed source and device registrations, holders of quality assurance program approvals, and government agencies licensed by the NRC.
§ 171.16 Annual fees: Materials licensees, holders of Certificates of Compliance, holders of sealed source and device registrations, holders of quality assurance program approvals and Government agencies licensed by the NRC.
------------------------------------------------------------------------ Maximum annual fee per licensed category------------------------------------------------------------------------Small businesses not engaged in manufacturing and small not-for-profit organizations (Gross Annual Receipts): $350,000 to $5 million.............................. $2,300 Less than $350,000.................................. 500Manufacturing entities that have an average of 500 employees or less: 35 to 500 employees................................. 2,300 Less than 35 employees.............................. 500Small governmental jurisdictions (Including publicly supported educational institutions) (population): 20,000 to 50,000.................................... 2,300 Less than 20,000.................................... 500Educational Institutions that are not State or publicly supported, and have 500 employees or less: 35 to 500 employees................................. 2,300 Less than 35 employees.............................. 500------------------------------------------------------------------------
Schedule of Materials Annual Fees and Fees for Government Agencies Licensed by NRC [See footnotes at end of table]------------------------------------------------------------------------ Annual fees\1\ Category of materials licenses \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 (High $5,420,000 Enriched Uranium).............................. (b) Low Enriched Uranium in Dispersible Form 1,596,000 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.......... 605,000 (b) Gas centrifuge enrichment demonstration 991,000 facilities..................................... (c) Hot cell facilities......................... 440,000 B. Licenses for receipt and storage of spent fuel \11\ N/A 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 2,500 nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers............. D. All other special nuclear material licenses, 6,900 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 1.A.(2)................................... E. Licenses or certificates for the operation of a 3,027,000 uranium enrichment facility........................2. Source material: A. (1) Licenses for possession and use of source 1,046,000 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\...................... 65,900 (b) Class II facilities \4\..................... 65,900 (c) Other facilities \4\........................ 95,900 (3) Licenses that authorize the receipt of byproduct \5\ N/A 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 byproduct 65,900 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 that authorize only the possession, use 890 and/or installation of source material for shielding.......................................... C. All other source material licenses............... 14,8003. Byproduct material: A. Licenses of broad scope for possession and use of 28,900 byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution....................................... B. Other licenses for possession and use of 9,400 byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution....................................... C. Licenses issued under §§ 32.72 and/or 11,600 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 § 171.11(a)(1). These licenses are covered by fee under Category 3D D. Licenses and approvals issued under §§ 6,600 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 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under § 171.11(a)(1). 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....................... E. Licenses for possession and use of byproduct 4,800 material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units)................... F. Licenses for possession and use of less than 8,600 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................... G. Licenses for possession and use of 10,000 curies 31,100 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................... H. Licenses issued under Subpart A of part 32 of 19,300 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............................................ I. Licenses issued under Subpart A of part 32 of 11,700 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.................................... J. Licenses issued under Subpart B of part 32 of 3,200 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... K. Licenses issued under Subpart B of part 32 of 1,900 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............. L. Licenses of broad scope for possession and use of 16,400 byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution.............. M. Other licenses for possession and use of 6,900 byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution.................. N. Licenses that authorize services for other 7,300 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.......................... O. Licenses for possession and use of byproduct 15,400 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... P. All other specific byproduct material licenses, 2,900 except those in Categories 4A through 9D........... Q. Registration of devices generally licensed under \13\ N/A part 31 of this chapter............................4. Waste disposal and processing: A. Licenses specifically authorizing the receipt of \5\ N/A 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 12,900 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............................ C. Licenses specifically authorizing the receipt of 9,700 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.........................5. Well logging: A. Licenses for possession and use of byproduct 4,800 material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies... B. Licenses for possession and use of byproduct \5\ N/A material for field flooding tracer studies.........6. Nuclear laundries: A. Licenses for commercial collection and laundry of 27,400 items contaminated with byproduct material, source material, or special nuclear material..............7. Medical licenses: A. Licenses issued under parts 30, 35, 40, and 70 of 15,100 this chapter for human use of 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................................... B. Licenses of broad scope issued to medical 33,000 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\................. C. Other licenses issued under parts 30, 35, 40, and 6,000 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\...............................8. Civil defense: A. Licenses for possession and use of byproduct 1,900 material, source material, or special nuclear material for civil defense activities..............9. Device, product, or sealed source safety evaluation: A. Registrations issued for the safety evaluation of 25,700 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 evaluation of 25,700 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 evaluation of 2,900 sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution... D. Registrations issued for the safety evaluation of 1,000 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 plutonium \6\ N/A air packages................................... 2. Other Casks.................................. \6\ N/A B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators........................ \6\ N/A 2. Users........................................ \6\ N/A C. Evaluation of security plans, route approvals, \6\ N/A route surveys, and transportation security devices (including immobilization devices).................11. Standardized spent fuel facilities.................. \6\ N/A12. Special Projects.................................... \6\ N/A13. A. Spent fuel storage cask Certificate of Compliance \6\ N/A B. General licenses for storage of spent fuel under \12\ N/A 10 CFR 72.210......................................14. Decommissioning/Reclamation: A. Byproduct, source, or special nuclear material \7\ N/A 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 \7\ N/A associated with unlicensed sites, regardless of whether or not the sites have been previously licensed...........................................15. Import and Export licenses.......................... \8\ N/A16. Reciprocity......................................... \8\ N/A17. Master materials licenses of broad scope issued to 373,000 Government agencies....................................18. Department of Energy: A. Certificates of Compliance....................... \10\ 1,285,000 B. Uranium Mill Tailings Radiation Control Act 732,000 (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 fiscal year. However, 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, 2005, and permanently ceased licensed activities entirely by September 30, 2005. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession only license during the fiscal year and for new licenses issued during the fiscal year will be prorated in accordance with the provisions of § 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. Licensees paying annual fees under Category 1A(1) are not subject to the annual fees for Categories 1C and 1D for sealed sources authorized in 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 fiscal year, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal Register for notice and comment.\4\ A Class I license includes mill licenses issued for the extraction of uranium from uranium ore. A Class II license includes solution mining licenses (in-situ and heap leach) issued for the extraction of uranium from uranium ores including research and development licenses. An ``other'' license includes 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 who also hold nuclear medicine licenses under Categories 7B or 7C.\10\ This includes Certificates of Compliance issued to DOE that are not under the Nuclear Waste Fund.\11\ See § 171.15(c).\12\ See § 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.
