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§ 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.
(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) 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 § 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
§ 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 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:
| |
Maximum annual fee per licensed category |
| Small Businesses Not Engaged in Manufacturing (Average gross receipts over last 3 completed fiscal years): |
|
| |
$350,000 to $6.5 million |
$2,300 |
| Less than $350,000 |
500 |
| Small Not-For-Profit Organizations (Annual Gross Receipts): |
|
| |
$350,000 to $6.5 million |
$2,300 |
| Less than $350,000 |
500 |
| Manufacturing entities that have an average of 500 employees or fewer: |
|
| |
35 to 500 employees |
2,300 |
| Fewer than 35 employees |
500 |
| Small Governmental Jurisdictions (Including publicly supported educational institutions) Population): |
|
| |
20,000 to 50,000 |
2,300 |
| Fewer than 20,000 |
500 |
| Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: |
|
| |
35 to 500 employees |
2,300 |
| Fewer than 35 employees |
500 |
(d) The FY 2008 annual fees are comprised of a base annual fee and an additional charge (surcharge). The activities comprising the FY 2008 surcharge are shown for convenience in paragraph (e) of this section. The FY 2008 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 fees1,
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 Enriched Uranium) [Program Code(s): 21130] |
$3,007,000 |
| (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] |
899,000 |
| (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 [Program Code(s): 21310, 21320] |
341,000 |
| (b) Gas centrifuge enrichment demonstration facilities |
558,000 |
| |
(c) Others, including hot cell facilities |
248,000 |
| B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C (GTCC) waste at an independent
spent fuel storage installation (ISFSI) [Program Code(s): 23200]. |
N/A11 |
| 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 [Program Code(s): 22140]. |
1,600 |
| 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 1.A.(2) [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161,
22163, 22170, 23100, 23300, 23310]. |
4,500 |
| E. Licenses or certificates for the operation
of a uranium enrichment facility [Program Code(s): 21200] |
1,705,000 |
| 2. Source material: |
| |
A |
(1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride [Program Code(s): 11400]. |
589,000 |
| |
(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 [Program Code(s): 11100] |
10,300 |
| (b) Class II facilities 4 [Program Code(s): 11500] |
10,300 |
| (c) Other facilities 4 [Program Code(s): 11700] |
N/A5 |
| (3) Licenses that authorize the 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]. |
N/A5 |
| (4) Licenses that authorize the 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) |
10,300 |
| (5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from
drinking water |
6,200 |
| B. Licenses that authorize only the possession,
use and/or installation of source material for shielding [Program Code(s):
11210]. |
590 |
| C. All other source material licenses [Program Code(s): 11200, 11220, 11221, 11230, 11300, 11800, 11810] |
10,200 |
| 3. Byproduct material: |
| |
A. Licenses of broad scope for 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]. |
22,900 |
| 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. [Program Code(s): 03214, 03215, 22135,
22162]. |
6,500 |
| C. Licenses issued under §§ 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 § 171.11(a)(1). These licenses are covered by fee under
Category 3.D. [Program Code(s): 02500, 02511, 02513]. |
9,200 |
| 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 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 [Program
Code(s): 02512, 02514]. |
5,200 |
| 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) [Program Code(s): 03510, 03520]. |
3,100 |
| 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 in which the source is not exposed for irradiation purposes [Program Code(s): 03511]. |
6,100 |
| 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 in which the source is not exposed for irradiation purposes [Program Code(s): 03521]. |
24,400 |
| 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, 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): 03255]. |
8,700 |
| 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, 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,
03254, 03256]. |
8,100 |
| 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, 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]. |
1,900 |
| 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, 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]. |
1,500 |
| 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 [Program Code(s): 01100, 01110, 01120, 03610,
03611, 03612, 03613]. |
11,600 |
| 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 [Program Code(s): 03620]. |
4,200 |
| 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. [Program Code(s): 03219, 03225, 03226]. |
6,500 |
| O. Licenses for possession and use of 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]. |
11,100 |
| P. All other specific byproduct material
licenses, except those in Categories 4.A through 9.D. [Program Code(s): 02400,
02410, 03120, 03121, 03122, 03123, 03124, 03220, 03221, 03222, 03800, 03810, 22130]. |
2,100 |
| Q. Registration of devices generally licensed
under part 31 of this chapter |
N/A13 |
| 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 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]. |
1,700 |
| 2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4), or (5) [Program Code(s): 02710]. |
2,100 |
| S. Licenses for production of accelerator-produced radionuclides [Program Code(s): 03210] |
8,400 |
| 4. Waste disposal and processing: |
| |
A. Licenses specifically authorizing 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]. |
N/A5 |
| 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 [Program Code(s): 03234]. |
9,300 |
| 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 [Program Code(s): 03232]. |
7,200 |
| 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 [Program Code(s): 03110, 03111, 03112]. |
3,400 |
| B. Licenses for possession and use of byproduct material for field flooding tracer studies [Program Code(s): 03113] |
N/A5 |
| 6. Nuclear laundries: |
| |
A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special
nuclear material [Program Code(s): 03218]. |
20,600 |
| 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. This category also includes the possession
and use of source material for shielding when authorized on the same license [Program Code(s): 02300, 02310. |
10,500 |
| 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. 9 [Program Code(s): 02110]. |
22,900 |
| 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. This category also includes the possession and use of source material for shielding when authorized on the same license. 9 [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160]. |
3,900 |
| 8. Civil defense: |
| |
A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities [Program Code(s): 03710]. |
1,700 |
| 9. Device, product, or sealed source safety evaluation: |
| |
A. Registrations issued for the safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution. |
14,700 |
| B. Registrations issued for the 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. |
14,700 |
| C. Registrations issued for the safety evaluation of sealed sources containing byproduct material, source material, or special
nuclear material, except reactor fuel, for commercial distribution. |
2,000 |
| D. Registrations issued for the 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 |
700 |
| 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 air packages |
N/A6 |
| 2. Other casks |
N/A6 |
| B. Quality assurance program approvals issued
under part 71 of this chapter. |
|
| |
1. Users and Fabricators |
N/A6 |
| 2. Users |
N/A6 |
| C. Evaluation of security plans, route approvals, route surveys, and transportation security devices (including immobilization
devices) |
N/A6 |
| 11. Standardized spent fuel facilities |
N/A6 |
| 12. Special Projects |
N/A6 |
| 13. |
A. Spent fuel storage cask Certificate of
Compliance |
N/A6 |
| |
B. General licenses for storage of spent fuel under
10 CFR 72.210 |
N/A12 |
| 14. Decommissioning/Reclamation: |
|
| |
A. Byproduct, source, or special 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. |
N/A7 |
| |
B. Site-specific decommissioning activities associated with unlicensed sites, whether or not the sites have been previously
licensed. |
N/A7 |
| 15. Import and Export licenses |
N/A8 |
| 16. Reciprocity |
N/A8 |
| 17. Master materials licenses of broad scope
issued to Government agencies |
225,000 |
| 18. Department of Energy: |
|
| |
A. Certificates of Compliance |
719,00010 |
| |
B. Uranium Mill Tailings Radiation Control
Act (UMTRCA) activities |
398,000 |
(e) The surcharge 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
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 surcharge (or annual fee
reduction) will be allocated to annual
fees. The activities comprising the FY
2008 surcharge 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).
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, 2007, 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 § 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 1.A.(1) are not subject to the annual fees for Categories 1.C. and 1.D. 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 FY, 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 that also hold nuclear medicine licenses
under Categories 7.B. or 7.C.
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.
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.)
[64 FR 31476, June 10, 1999; 64 FR 38816, July 20, 1999; 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, August
6, 2003; 69 FR 22682, Apr. 26, 2004; ; 70 FR 30548, May 26, 2005; 70 FR 33820, June 10, 2005; 71 FR 30753, May 30, 2006; 71 FR 33190, June 8, 2006, 72 FR 39733, July 20, 2007; 72 FR 31427, June 6, 2007; 72 FR 44954, Aug. 10, 2007; 72 FR 55936 Oct. 1, 2007; 73 FR 32408, June 6, 2008] |
