849 Part 170—Fees for Facilities, Materials, Import

Nuclear Regulatory Commission § 170.2

(b) Whoever willfully violates either SCHEDULE OF FEES §§ 160.3 or 160.4 with respect to any fa- 170.21 Schedule of fees for production and cility, installation or real property en- utilization facilities, review of standard closed by a fence, wall, floor, roof, or referenced design approvals, special other structural barrier shall be guilty projects, inspections and import and ex- of a misdemeanor and, upon convic- port licenses. tion, shall be punished by a fine of not 170.31 Schedule of fees for materials li- to exceed $5,000 or imprisonment for censes and other regulatory services, including inspections, and import and ex- not more than one year, or both. port licenses. 170.32 Schedule of fees for health and safety, § 160.6 Posting. and safeguards inspections for materials Notices stating the pertinent prohibi- licenses. tions of §§ 160.3 and 160.4 and penalties ENFORCEMENT of § 160.5 will be conspicuously posted at all entrances of each designated fa- 170.41 Failure by applicant or licensee to cility, installation or parcel of real pay prescribed fees. property and at such intervals along 170.51 Right to review and appeal of prescribed fees. the perimeter as will provide reason- able assurance of notice to persons AUTHORITY: Atomic Energy Act of 1954, about to enter. secs. 11, 161(w) (42 U.S.C. 2014, 2201(w)); En- ergy Reorganization Act of 1974, sec. 201 (42 § 160.7 Effective date of prohibition on U.S.C. 5841); 42 U.S.C. 2214; 31 U.S.C. 901, 902, designated locations. 9701; 44 U.S.C. 3504 note. The prohibitions in §§ 160.3 and 160.4 SOURCE: 33 FR 10924, Aug. 1, 1968; 33 FR 11587, Aug. 15, 1968, unless otherwise noted. shall take effect as to any facility, installation or real property on publica- GENERAL PROVISIONS tion in the FEDERAL REGISTER of the notice designating the facility, instal- § 170.1 Purpose. lation or real property and posting in The regulations in this part set out accordance with § 160.6. fees charged for licensing services, inspection services, and special projects § 160.8 Applicability of other laws. rendered by the Nuclear Regulatory Nothing in this part shall be con- Commission as authorized under title strued to affect the applicability of the V of the Independent Offices Appropria- provisions of State or other Federal tion Act of 1952 (31 U.S.C. 9701(a)). laws. [81 FR 41186, June 24, 2016]

PART 170—FEES FOR FACILITIES, § 170.2 Scope. MATERIALS, IMPORT AND EXPORT Except for persons who apply for or LICENSES, AND OTHER REGU- hold the permits, licenses, or approvals LATORY SERVICES UNDER THE exempted in § 170.11, the regulations in ATOMIC ENERGY ACT OF 1954, this part apply to a person who is: AS AMENDED (a) An applicant for or holder of a specific byproduct material license GENERAL PROVISIONS issued pursuant to parts 30 and 32 through 36 and 39 of this chapter; Sec. (b) An applicant for or holder of a 170.1 Purpose. specific source material license issued 170.2 Scope. pursuant to part 40 of this chapter; 170.3 Definitions. 170.4 Interpretations. (c) An applicant for or holder of a 170.5 Communications. specific special nuclear material li- 170.8 Information collection requirements: cense issued pursuant to part 70 of this OMB approval. chapter; 170.11 Exemptions. (d) An applicant for or holder of spe- 170.12 Payment of fees. cific approval of spent fuel casks and 170.20 Average cost per professional staff- shipping containers issued pursuant to hour. part 71 of this chapter;

849

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00859 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR § 170.3 10 CFR Ch. I (1–1–21 Edition)

(e) An applicant for or holder of a (r) An applicant for or a holder of a specific license to possess power reac- certificate of compliance issued under tor spent fuel and other radioactive 10 CFR Part 76. materials associated with spent fuel (s) A holder of a general license storage in an independent spent fuel granted by 10 CFR Part 31 who is re- storage installation issued pursuant to quired to register a device(s). part 72 of this chapter; (t) An owner or operator of an unli- (f) An applicant for or holder of a spe- censed site in decommissioning being cific approval of sealed sources and de- conducted under NRC oversight. vices containing byproduct material, (u) Submitting a Touhy request, pur- source material, or special nuclear ma- suant to 10 CFR 9.200 through 9.204, as terial; defined in § 170.3. (g) An applicant for or holder of a production or utilization facility con- [49 FR 21301, May 21, 1984, as amended at 52 struction permit or operating license FR 8242, Mar. 17, 1987; 54 FR 15399, Apr. 18, issued under 10 CFR part 50, or an early 1989; 56 FR 31499, July 10, 1991; 58 FR 7737, site permit, standard design certifi- Feb. 9, 1993; 64 FR 31469, June 10, 1999; 66 FR 32469, June 14, 2001; 70 FR 30543, May 26, 2005; cation, standard design approval, man- 72 FR 49565, Aug. 28, 2007; 81 FR 41186, June ufacturing license, or combined license 24, 2016] issued under 10 CFR part 52; (h) Required to have examinations § 170.3 Definitions. and tests performed to qualify or re- qualify individuals as part 55 reactor As used in this part: operators; Act means the Atomic Energy Act of (i) Required to have routine and non- 1954 (68 Stat. 919) including any amend- routine safety and safeguards inspec- ments thereto; tions of activities licensed pursuant to Agency support (corporate support and the requirements of this chapter; the IG) means resources located in ex- (j) [Reserved] ecutive, administrative, and other sup- (k) Applying for or already has ap- port offices such as the Office of the plied for review, under appendix Q to 10 Commission, the Office of the Sec- CFR part 50 of a facility site before the retary, the Office of the Executive Di- submission of an application for a con- rector for Operations, the Offices of struction permit; Congressional and Public Affairs, the (l) Applying for or already has ap- Office of the Inspector General, the Of- plied for review of a standardized spent fice of Administration, the Office of fuel facility design; or the Chief Financial Officer, the Office (m) Applying for or has applied for of the Chief Information Officer, the since March 23, 1978, review of an item Office of the Chief Human Capital Offi- under the category of special projects cer and the Office of Small Business in this chapter that the Commission and Civil Rights. These resources ad- completes or makes whether or not in minister the corporate or shared ef- conjunction with a license application forts that more broadly support the ac- on file or that may be filed. tivities of the agency. These resources (n) An applicant for or holder of a li- also include information technology cense, approval, determination, or services, human capital services, finan- other authorization issued by the Com- cial management, and administrative mission pursuant to 10 CFR part 61. support. (o) Requesting preapplication/licens- Agreement State means any State with ing review assistance by consulting which the Commission or the Atomic with the NRC and/or by filing prelimi- Energy Commission has entered into nary analyses, documents, or reports. an effective agreement under sub- (p) An applicant for or a holder of a section 274b of the Act. ‘‘Nonagreement specific import or export license issued State’’ means any other State. pursuant to 10 CFR part 110. Application means any request filed (q) An Agreement State licensee who with the Commission for a permit, li- files for or is holder of a general license cense, approval, exemption, certificate, under the reciprocity provisions of 10 other permission, or for any other serv- CFR 150.20. ice.

850

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00860 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR Nuclear Regulatory Commission § 170.3

Balance of plant consists of the re- limits of radionuclides established for maining systems, components, and Class C waste in 10 CFR 61.55. structures that comprise a complete High Enriched Uranium means ura- nuclear power plant and are not in- nium enriched to 20 percent or greater cluded in the nuclear steam supply sys- in the isotope uranium-235. tem. Human use means the internal or ex- Byproduct material means— ternal administration of byproduct, (1) Any radioactive material (except source, or special nuclear material, or special nuclear material) yielded in, or the radiation therefrom, to human made radioactive by, exposure to the beings. radiation incident to the process of Inspections means: producing or using special nuclear ma- (1) Routine inspections designed to terial; evaluate the licensee’s activities with- (2)(i) Any discrete source of radium- in the context of the licensee having 226 that is produced, extracted, or con- primary responsibility for protection of verted after extraction, before, on, or the public and environment; after August 8, 2005, for use for a com- (2) Non-routine inspections in re- mercial, medical, or research activity; sponse or reaction to an incident, alle- or gation, follow up to inspection defi- (ii) Any material that— ciencies or inspections to determine (A) Has been made radioactive by use implementation of safety issues. A of a particle accelerator; and non-routine or reactive inspection has (B) Is produced, extracted, or con- the same purpose as the routine inspec- verted after extraction, before, on, or tion; after August 8, 2005, for use for a com- (3) Reviews and assessments of li- mercial, medical, or research activity; censee performance; and (4) Evaluations, such as those per- (3) Any discrete source of naturally formed by Diagnostic Evaluation occurring radioactive material, other Teams; or than source material, that— (5) Incident investigations. (i) The Commission, in consultation Low Enriched Uranium means ura- with the Administrator of the Environ- nium enriched below 20 percent in the mental Protection Agency, the Sec- isotope uranium-235. retary of Energy, the Secretary of Manufacturing license means a license Homeland Security, and the head of pursuant to Appendix M of part 52 of any other appropriate Federal agency, this chapter to manufacture a nuclear determines would pose a threat similar power reactor(s) to be operated at sites to the threat posed by a discrete source not identified in the license applica- of radium-226 to the public health and tion. safety or the common defense and secu- Materials license means a license, cer- rity; and tificate, approval, registration, or (ii) Before, on, or after August 8, 2005, other form of permission issued or is extracted or converted after extrac- granted by the NRC under the regula- tion for use in a commercial, medical, tions in 10 CFR Parts 30, 31 through 36, or research activity. 39, 40, 61, 70, 72, and 76. Government agency means any execu- Mission-direct program salaries and tive department, commission, inde- benefits means resources that are allo- pendent establishment, corporation, cated to perform core work activities wholly or partly owned by the United committed to fulfilling the agency’s States of America which is an instru- mission of protecting the public health mentality of the United States, or any and safety, promoting the common de- board, bureau, division, service, office, fense and security, and protecting the officer, authority, administration, or environment. These resources include other establishment in the executive the core work activities assigned with- branch of the Government. in the major program business lines Greater Than Class C Waste or GTCC (Operating Reactors, New Reactors, Waste means low-level radioactive Fuel Facilities, Nuclear Materials waste that exceeds the concentration Users, Decommissioning and Low-Level

851

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00861 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR § 170.3 10 CFR Ch. I (1–1–21 Edition)

Waste, and Spent Fuel Storage and Power reactor means a nuclear reactor Transportation). designed to produce electrical or heat Mission-indirect program support energy licensed by the Commission means resources that support the core under the authority of section 103 or mission-direct activities. These re- subsection 104b of the Act and pursuant sources include supervisory and non- to the provisions of § 50.21(b) or § 50.22 supervisory support and mission travel of this chapter. and training. Supervisory and non- Production facility means: supervisory support and mission travel (1) Any nuclear reactor designed or and training resources assigned under used primarily for the formation of direct business line structure are con- plutonium or uranium-233; or sidered mission-indirect due to their (2) Any facility designed or used for supporting role of the core mission ac- the separation of the isotopes of pluto- tivities. nium, except laboratory scale facilities Nonprofit educational institution designed or used for experimental or means a public or nonprofit edu- analytical purposes only; or cational institution whose primary (3) Any facility designed or used for function is education, whose programs the processing of irradiated materials are accredited by a nationally recog- containing special nuclear material ex- nized accrediting agency or associa- cept: tion, who is legally authorized to provide a program of organized instruction (i) Laboratory scale facilities de- or study, who provides an educational signed or used for experimental or ana- program for which it awards academic lytical purposes; degrees, and whose educational pro- (ii) Facilities in which the only spe- grams are available to the public. cial nuclear materials contained in the Nuclear reactor means an apparatus, irradiated material to be processed are other than an atomic weapon, designed uranium enriched in the isotope U235 or used to sustain nuclear fission in a and plutonium produced by the irradia- self-supporting chain reaction. tion, if the material processed contains ¥ Nuclear Steam Supply System consists not more than 10 6 grams of plutonium of the reactor core, reactor coolant per gram of U235 and has fission product system, and related auxiliary systems activity not in excess of 0.25 millicurie including the emergency core cooling of fission products per gram of U235; system; decay heat removal system; and and chemical volume and control sys- (iii) Facilities in which processing is tem. conducted pursuant to a license issued Other production or utilization facility under parts 30 and 70 of this chapter, or means a facility other than a nuclear equivalent regulations of an Agree- reactor licensed by the Commission ment State, for the receipt, possession, under the authority of section 103 or use, and transfer of irradiated special 104 of the Atomic Energy Act of 1954, as nuclear material, which authorizes the amended (the Act), and pursuant to the processing of the irradiated material provisions of part 50 of this chapter. on a batch basis for the separation of Part 55 Reviews as used in this part selected fission products and limits the means those services provided by the process batch to not more than 100 Commission to administer requalifica- grams of uranium enriched in the iso- tion and replacement examinations and tope 235 and not more than 15 grams of tests for reactor operators licensed any other special nuclear material. pursuant to 10 CFR part 55 of the Com- Reference systems concept means a mission’s regulations and employed by concept that involves the review of an part 50 licensees. These services also entire facility design or major fraction include related items such as the prep- of a facility design outside of the con- aration, review, and grading of the ex- text of a license application. The aminations and tests. standard design would be referenced in Person as used in this part has the subsequent license applications. same meaning as found in parts 30, 40, Research reactor means a nuclear re- 50, and 70 of title 10 of the Code of Fed- actor licensed by the Commission eral Regulations. under the authority of subsection 104c

852

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00862 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR Nuclear Regulatory Commission § 170.3

of the Act and pursuant to the provi- in this chapter. This includes, but is sions of § 50.21(c) of this chapter for op- not limited to, contested hearings on eration at a thermal power level of 10 licensing actions directly related to megawatts or less, and which is not a U.S. Government national security ini- testing facility as defined in this section. tiatives (as determined by the NRC), The phrase review is completed as used topical report reviews, early site re- in this part means that the review has views, waste solidification activities, been brought to an end, whether by activities related to the tracking and reason of issuance of a permit, license, monitoring of shipment of classified approval, certificate, exemption, or matter, services provided to certify li- other form of permission, or whether censee, vendor, or other private indus- the application is denied, withdrawn, try personnel as instructors for 10 CFR suspended, or action on the application part 55 reactor operators, reviews of fi- is postponed by the applicant. Sealed source means any byproduct nancial assurance submittals that do material that is encased in a capsule not require a license amendment, re- designed to prevent leakage or escape views of responses to Confirmatory Ac- of the byproduct material. tion Letters, reviews of uranium recov- Small modular reactor (SMR) for the ery licensees’ land-use survey reports, purposes of calculating fees, means the and reviews of 10 CFR 50.71 final safety class of light-water power reactors hav- analysis reports. Special projects does ing a licensed thermal power rating not include activities otherwise ex- less than or equal to 1,000 MWt per empt from fees under this part. It also module. This rating is based on the does not include those contested hear- thermal power equivalent of a light- ings for which a fee exemption is grant- water SMR with an electrical power ed in § 170.11(a)(2), including those re- generating capacity of 300 MWe or less lated to individual plant security per module. modifications. Small modular reactor site (SMR site) is Testing facility means a nuclear reac- the geographically bounded location of tor licensed by the Commission under one or more SMRs and a basis on which the authority of subsection 104c of the SMR fees are calculated. Act and pursuant to the provisions of Source material means: § 50.21(c) of this chapter for operation (1) Uranium or thorium, or any com- at: bination thereof, in any physical or (1) A thermal power level in excess of chemical form; or (2) Ores which contain by weight one- 10 megawatts; or twentieth of one percent (0.05%) or (2) A thermal power level in excess of more of 1 megawatt, if the reactor is to con- (i) Uranium, tain: (ii) Thorium, or (i) A circulating loop through the (iii) Any combination thereof. Source core in which the applicant proposes to material does not include special nu- conduct fuel experiments; or clear material. (ii) A liquid fuel loading; or Special nuclear material means: (iii) An experimental facility in the (1) Plutonium, uranium-233, uranium core in excess of 16 square inches in enriched in the isotope 233 or in the cross-section. isotope 235, and any other material Touhy request means a request for which the Commission, pursuant to the NRC records or NRC testimony that is provisions of section 51 of the Act, de- made pursuant to the NRC’s regula- termines to be special nuclear material tions at 10 CFR 9.200 through 9.204. but does not include source material; Uranium enrichment facility means: or (2) Any material artificially enriched (1) Any facility used for separating by any of the foregoing, but does not the isotopes of uranium or enriching include source material. uranium in the isotope 235, except lab- Special projects means specific serv- oratory scale facilities designed or ices provided by the Commission for used for experimental or analytical which fees are not otherwise specified purposes only; or

853

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00863 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR § 170.4 10 CFR Ch. I (1–1–21 Edition)

(2) Any equipment or device, or im- among other topics, the formats the portant component part especially de- NRC can accept, the use of electronic signed for this equipment or device, ca- signatures, and the treatment of non- pable of separating the isotopes of ura- public information. nium or enriching uranium in the isotope 235. [68 FR 58825, Oct. 10, 2003, as amended at 74 Utilization facility means: FR 62686, Dec. 1, 2009; 80 FR 74982, Dec. 1, (1) Any nuclear reactor other than 2015] one designed or used primarily for the § 170.8 Information collection require- formation of plutonium or U–233; or ments: OMB approval (2) An accelerator-driven subcritical operating assembly used for the irra- This part contains no information diation of materials containing special collection requirements and therefore nuclear material and described in the is not subject to the requirements of application assigned docket number 50– the Paperwork Reduction Act (44 608. U.S.C. 3501 et seq.). [33 FR 10924, Aug. 1, 1968] [62 FR 52191, Oct. 6, 1997] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 170.3, see the List of CFR § 170.11 Exemptions. Sections Affected, which appears in the (a) No application fees, license fees, Finding Aids section of the printed volume and at www.govinfo.gov. renewal fees, inspection fees, or special project fees shall be required for: § 170.4 Interpretations. (1) A special project that is a request/ Except as specifically authorized by report submitted to the NRC— the Commission in writing, no inter- (i) In response to a Generic Letter or pretation of the meaning of the regula- NRC Bulletin that does not result in an tions in this part by an officer or em- amendment to the license, does not re- ployee of the Commission other than a sult in the review of an alternate meth- written interpretation by the General od or reanalysis to meet the require- Counsel will be recognized to be bind- ments of the Generic Letter, or does ing upon the Commission. not involve an unreviewed safety issue; (ii) When the NRC, at the time the § 170.5 Communications. request/report is submitted, plans to All communications concerning the use the information in response to an regulations in this part should be ad- NRC request from the Office Director dressed to the NRC’s Chief Financial level or above to resolve an identified Officer, either by mail to the U.S. Nu- safety, safeguards, or environmental clear Regulatory Commission, Wash- issue, or to assist the NRC in generic ington, DC 20555–0001; by hand delivery regulatory improvements or efforts to the NRC’s offices at 11555 Rockville (e.g., rules, regulatory guides, regula- Pike, Rockville, Maryland; or, where tions, policy statements, generic let- practicable, by electronic submission, ters, or bulletins). for example, via Electronic Informa- tion Exchange, or CD-ROM. Electronic (2) A contested hearing conducted by submissions must be made in a manner the NRC on a specific application or that enables the NRC to receive, read, the authorizations and conditions of a authenticate, distribute, and archive specific NRC license, certificate, or the submission, and process and re- other authorization, including those trieve it a single page at a time. De- involving individual plant security tailed guidance on making electronic modifications. This exemption does not submissions can be obtained by visiting apply to a contested hearing on a li- the NRC’s Web site at http:// censing action that the NRC deter- www.nrc.gov/site-help/e-submittals.html; mines directly involves a U.S. Govern- by e-mail to [email protected]; ment national security-related initia- or by writing the Office of the Chief In- tive, including those specifically asso- formation Officer, U.S. Nuclear Regu- ciated with Presidentially-directed na- latory Commission, Washington, DC tional security programs. 20555–0001. The guidance discusses, (3) [Reserved]

854

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00864 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR Nuclear Regulatory Commission § 170.12

(4) A construction permit or license (b) The Commission may, upon appli- applied for by, or issued to, a non-prof- cation by an interested person, or upon it educational institution for a produc- its own initiative, grant such exemption or utilization facility, other than tions from the requirements of this a power reactor, or for the possession part as it determines are authorized by and use of byproduct material, source law and are otherwise in the public in- material, or special nuclear material. terest. Applications for exemption This exemption does not apply to those under this paragraph may include ac- byproduct, source or special nuclear tivities such as, but not limited to, the material licenses which authorize: use of licensed materials for edu- (i) Human use; cational or noncommercial public dis- (ii) Remunerated services to other plays or scientific collections. persons; (c) For purposes of paragraph (a)(1) of (iii) Distribution of byproduct mate- this section, a request for a fee exemp- rial, source material, or special nuclear tion must be submitted to the CFO material or products containing by- within 90 days of the date of the NRC’s product material, source material or receipt of the work. special nuclear material; or [33 FR 10924, Aug. 1, 1968] (iv) Activities performed under a EDITORIAL NOTE: For FEDERAL REGISTER ci- Government agency contract. tations affecting § 170.11, see the List of CFR (5)–(8) [Reserved] Sections Affected, which appears in the (9) Federally-owned and State-owned Finding Aids section of the printed volume research reactors used primarily for and at www.govinfo.gov. educational training and academic re- § 170.12 Payment of fees. search purposes. For purposes of this exemption, the term research reactor (a) Application and registration fees. means a nuclear reactor that— Each application or registration for (i) Is licensed by the Nuclear Regu- which a fee is prescribed must be ac- latory Commission under section 104c. companied by a remittance for the full of the Atomic Energy Act of 1954 (42 amount of the fee. The NRC will not U.S.C. 2134(c)) at a thermal power level issue a new license or an amendment of 10 megawatts or less; and increasing the scope of an existing li- (ii) If so licensed at a thermal power cense to a higher fee category before level of more than 1 megawatt, does receiving the prescribed application not contain— fee. The application or registration fee(s) is charged whether the Commis- (A) A circulating loop through the sion approves the application or not. core in which the licensee conducts The application or registration fee(s) is fuel experiments; also charged if the applicant withdraws (B) A liquid fuel loading; or the application or registration. (C) An experimental facility in the (b) Licensing fees. (1) Licensing fees core in excess of 16 square inches in will be assessed to recover full costs cross-section. for— (10) Activities of the Commission un- (i) The review of applications for new dertaken, pursuant to part 75 of this licenses and approvals; chapter, solely for the purpose of im- (ii) The review of applications for plementation of the US/IAEA Safe- amendments to and renewal of existing guards Agreement. licenses or approvals; (11) [Reserved] (iii) Preapplication consultations and (12) A performance assessment or reviews; and evaluation for which the licensee vol- (iv) The full cost for project man- unteers at the NRC’s request and which agers assigned to a specific plant or fa- is selected by the NRC. cility, excluding leave time and time (13) All fee exemption requests must spent on generic activities (such as be submitted in writing to the Chief Fi- rulemaking). nancial Officer in accordance with (2) Full cost fees will be determined § 170.5, and the Chief Financial Officer based on the professional staff time will grant or deny such requests in and appropriate contractual support writing. services expended. The full cost fees for

855

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00865 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR § 170.12 10 CFR Ch. I (1–1–21 Edition)

professional staff time will be deter- (d) Special project fees. (1) All special mined at the professional hourly rates projects performed by the Commission, in effect the time the service was pro- unless otherwise exempt from fees or vided. The full cost fees are payable for which fees are otherwise specified upon notification by the Commission. in this part, will be assessed fees to re- (3) The NRC intends to bill each ap- cover the full cost of the service pro- plicant or licensee at quarterly inter- vided. Special projects means specific vals for all accumulated costs for each services provided by the Commission, application the applicant or licensee including but not limited to— has on file for NRC review, until the re- (i) Topical reports; view is completed. (ii) Financial assurance submittals (4) The NRC intends to bill each ap- that do not require a license amend- plicant or licensee for costs related to ment; project manager time on a quarterly (iii) Responses to Confirmatory Ac- basis. Each bill will identify the costs tion Letters; related to project manager time. (iv) Uranium recovery licensees’ (c) Inspection fees. (1) Inspection fees land-use survey reports; will be assessed to recover full cost for (v) 10 CFR 50.71 final safety analysis each resident inspector (including the reports; senior resident inspector), assigned to (vi) Contested hearings on licensing actions directly involving U.S Govern- a specific plant or facility. The fees as- ment national security initiatives, as sessed will be based on the number of determined by the NRC; and hours that each inspector assigned to (vii) Responses to Touhy requests the plant or facility is in an official that require the NRC staff to expend duty status (i.e., all time in a non-leave more than 50 hours of official time. status), excluding time spent by a resi- Fees for Touhy requests will be billed dent inspector in support of activities at the appropriate hourly rate estab- at another site. The hours will be billed lished in § 170.20. at the appropriate hourly rate estab- (2) The NRC intends to bill each ap- lished in 10 CFR 170.20. Resident in- plicant or licensee at quarterly inter- spectors’ time related to a specific in- vals until the special project is com- spection will be included in the fee as- pleted. Each bill will identify the spe- sessed for the specific inspection in ac- cial project, including any documents cordance with paragraph (c)(2) of this submitted for review or the specific section. contested hearing, and the related (2) Inspection fees will be assessed to costs. The fees are payable upon notifi- recover the full cost for each specific cation by the Commission. inspection, including plant- or li- (e) Part 55 review fees. Fees for Part 55 censee-specific performance reviews review services are based on NRC time and assessments, evaluations, and inci- spent in administering the examina- dent investigations. For inspections tions and tests and any related con- that result in the issuance of an inspec- tractual costs. The fees assessed will tion report, fees will be assessed for also include related activities such as costs incurred up to approximately 30 preparing, reviewing, and grading of days after the inspection report is the examinations and tests. The NRC issued. The costs for these inspections intends to bill the costs at quarterly include preparation time, time on site, intervals to the licensee employing the documentation time, and follow-up ac- operators. tivities and any associated contractual (f) Method of payment. All license fee service costs, but exclude the time in- payments are to be made payable to volved in the processing and issuance the U.S. Nuclear Regulatory Commis- of a notice of violation or civil penalty. sion. The payments are to be made in (3) The NRC intends to bill for resi- U.S. funds by electronic funds transfer dent inspectors’ time and for specific such as ACH (Automated Clearing inspections subject to full cost recov- House) using E.D.I. (Electronic Data ery on a quarterly basis. The fees are Interchange), check, draft, money payable upon notification by the Com- order, or credit card. Payment of in- mission. voices of $5,000 or more should be paid

856

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00866 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR Nuclear Regulatory Commission § 170.21

via ACH through NRC’s Lockbox Bank derpayment of fees as a result of an at the address indicated on the invoice. error by the NRC. Credit card payments should be made [64 FR 31469, June 10, 1999, as amended at 65 up to the limit established by the cred- FR 11204, Mar. 2, 2000; 65 FR 36959, June 12, it card bank at the address indicated 2000; 66 FR 32469, June 14, 2001; 67 FR 64037, on the invoice. Specific written in- Oct. 17, 2002; 72 FR 31420, June 6, 2007; 79 FR structions for making electronic pay- 37144, June 30, 2014; 81 FR 41186, June 24, 2016] ments and credit card payments may § 170.20 Average cost per professional be obtained by contacting the License staff-hour. Fee and Accounts Receivable Branch at 301–415–7554. In accordance with De- Fees for permits, licenses, amendments, renewals, special projects, 10 partment of the Treasury require- CFR part 55 re-qualification and re- ments, refunds will only be made upon placement examinations and tests, receipt of information on the payee’s other required reviews, approvals, and financial institution and bank ac- inspections under §§ 170.21 and 170.31 counts. will be calculated using the profes- (g) Collection of underpayment of fees. sional staff-hour rate of $279 per hour. The NRC is entitled to collect any un- [83 FR 29645, June 25, 2018, as amended at 85 FR 37270, June 19, 2020]

SCHEDULE OF FEES

§ 170.21 Schedule of fees for production and utilization facilities, review of standard referenced design approvals, special projects, inspections and import and export licenses. Applicants for construction permits, manufacturing licenses, operating licenses, import and export licenses, approvals of facility standard reference de- signs, re-qualification and replacement examinations for reactor operators, and special projects and holders of construction permits, licenses, and other approvals shall pay fees for the following categories of services:

SCHEDULE OF FACILITY FEES [See footnotes at end of table]

Facility categories and type of fees Fees 12

A. Nuclear Power Reactors: Application for Construction Permit ...... Full Cost. Early Site Permit, Construction Permit, Combined License, Operating License ...... Full Cost. Amendment, Renewal, Dismantling-Decommissioning and Termination, Other Approvals ...... Full Cost. Inspections 3 ...... Full Cost. B. Standard Reference Design Review:ROW≤ Preliminary Design Approvals, Final Design Approvals, Certification ...... Full Cost. Amendment, Renewal, Other Approvals ...... Full Cost. C. Test Facility/Research Reactor/Critical Facility: Application for Construction Permit ...... Full Cost. Construction Permit, Operating License ...... Full Cost. Amendment, Renewal, Dismantling-Decommissioning and Termination, Other Approvals ...... Full Cost. Inspections 3 ...... Full Cost. D. Manufacturing License: Application for Construction ...... Full Cost. Preliminary Design Approval, Final Design Approval ...... Full Cost. Amendment Renewal, Other Approvals ...... Full Cost. Inspections 3 ...... Full Cost. E. [Reserved] F. [Reserved] G. Other Production or Utilization Facility: Application for Construction Permit ...... Full Cost. Construction Permit, Operating License ...... Full Cost. Amendment, Renewal, Other Approvals ...... Full Cost. Inspections 3 ...... Full Cost. H. Production or Utilization Facility Permanently Closed Down: Inspections 3 ...... Full Cost. I. Part 55 Reviews: Requalification and Replacement Examinations for Reactors Operators ...... Full Cost.

857

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00867 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR § 170.31 10 CFR Ch. I (1–1–21 Edition)

SCHEDULE OF FACILITY FEES—Continued [See footnotes at end of table]

Facility categories and type of fees Fees 12

J. Special Projects: Approvals and preapplication/licensing activities ...... Full Cost. Inspections 3 ...... Full Cost. Contested hearings on licensing actions directly related to U.S. Government national security initia- Full Cost. tives. Touhy requests 5 ...... Full Cost. K. Import and export licenses 6 Licenses for the import and export only of production or utilization facilities or the export only of components for production or utilization facilities issued under 10 CFR part 110. 1. Application for import or export of production or utilization facilities 4 (including reactors and other facilities) and exports of components requiring Commission and Executive Branch review, for example, actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request ...... N/A. 2. Application for export of reactor and other components requiring Executive Branch review, for example, those actions under 10 CFR 110.41(a). Application—new license, or amendment; or license exemption request ...... N/A. 3. Application for export of components requiring the assistance of the Executive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request ...... N/A. 4. Application for export of facility components and equipment not requiring Commission or Executive Branch review, or obtaining foreign government assurances. Application—new license, or amendment; or license exemption request ...... N/A. 5. 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 or conditions or to the type of facility or component authorized for export and, therefore, do not require in-depth analysis or review or consultation with the Executive Branch, U.S. host state, or foreign government authorities. Minor amendment to license ...... N/A. 1 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 50.12, 10 CFR 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. 2 Full cost fees will be determined based on the professional staff time and appropriate contractual support services expended. For applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of the final rule will be determined at the professional rates in effect when the service was provided. 3 Inspections covered by this schedule are both routine and non-routine safety and safeguards inspections performed by NRC for the purpose of review or follow-up of a licensed program. Inspections are performed through the full term of the license to en- sure that the authorized activities are being conducted in accordance with the Atomic Energy Act of 1954, as amended, other legislation, Commission regulations or orders, and the terms and conditions of the license. Non-routine inspections that result from third-party allegations will not be subject to fees. 4 Imports only of major components for end-use at NRC-licensed reactors are authorized under NRC general import license in 10 CFR 110.27. 5 Full cost fees will be assessed once NRC work on a Touhy request exceeds 50 hours, in accordance with § 170.12(d). 6 Because the Further Consolidated Appropriations Act, 2020, excludes international activities from the fee-recoverable budget in FY 2020, import and export licensing actions will not incur fees.

[53 FR 52648, Dec. 29, 1988]

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 170.21, see the List of CFR Sec- tions Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 23

1. Special nuclear material: 11 A. (1) Licenses for possession and use of U–235 or plutonium for fuel fabrication activities.

858

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00868 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR Nuclear Regulatory Commission § 170.31

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 23

(a) Strategic Special Nuclear Material (High Enriched Uranium) 6 [Program Full Cost. Code(s): 21213]. (b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Full Cost. Reactor Fuel 6 [Program Code(s): 21210]. (2) All other special nuclear materials licenses not included in Category 1.A. (1) which are licensed for fuel cycle activities.6 (a) Facilities with limited operations 6 [Program Code(s): 21240, 21310, Full Cost. 21320]. (b) Gas centrifuge enrichment demonstration facilities.6 [Program Code(s): Full Cost. 21205]. (c) Others, including hot cell facilities.6 [Program Code(s): 21130, 21133] ...... Full Cost. B. Licenses for receipt and storage of spent fuel and reactor-related Greater than Class C Full Cost. (GTCC) waste at an independent spent fuel storage installation (ISFSI) 6 [Program Code(s): 23200]. C. Licenses for possession and use of special nuclear material of less than a critical mass as $1,300. defined in § 70.4 in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers.4 Application [Program Code(s): 22140]. D. All other special nuclear material licenses, except licenses authorizing special nuclear mate- $2,600. rial in sealed or unsealed form in combination that would constitute a critical mass, as defined in § 70.4 of this chapter, for which the licensee shall pay the same fees as those under Category 1.A.4 Application [Program Code(s): 22110, 22111, 22120, 22131, 22136, 22150, 22151, 22161, 22170, 23100, 23300, 23310]. E. Licenses or certificates for construction and operation of a uranium enrichment facility 6 [Pro- Full Cost. gram Code(s): 21200]. F. Licenses for possession and use of special nuclear material greater than critical mass as Full Cost. defined in § 70.4 of this chapter, for development and testing of commercial products, and other non-fuel-cycle activities.46 [Program Code(s): 22155]. 2. Source material: 11 A. (1) Licenses for possession and use of source material for refining uranium mill con- Full Cost. centrates to uranium hexafluoride or for deconverting uranium hexafluoride in the production of uranium oxides for disposal.6 [Program Code(s): 11400]. (2) Licenses for possession and use of source material in recovery operations such as milling, in-situ recovery, heap-leaching, ore buying stations, ion-exchange facilities, and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode.6 (a) Conventional and Heap Leach facilities 6 [Program Code(s): 11100] ...... Full Cost. (b) Basic In Situ Recovery facilities 6 [Program Code(s): 11500] ...... Full Cost. (c) Expanded In Situ Recovery facilities6 [Program Code(s): 11510] ...... Full Cost. (d) In Situ Recovery Resin facilities 6 [Program Code(s): 11550] ...... Full Cost. (e) Resin Toll Milling facilities 6 [Program Code(s): 11555] ...... Full Cost. (f) Other facilities 6 [Program Code(s): 11700] ...... Full Cost. (3) Licenses that authorize the receipt of byproduct material, as defined in Section Full Cost. 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) 6 [Program Code(s): 11600, 12000]. (4) Licenses that authorize the receipt of byproduct material, as defined in Section Full Cost. 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) 6 [Program Code(s): 12010]. B. Licenses which authorize the possession, use, and/or installation of source material for $1,200. shielding.78 Application [Program Code(s): 11210]. C. Licenses to distribute items containing source material to persons exempt from the licensing $4,300. requirements of part 40 of this chapter. Application [Program Code(s): 11240]. D. Licenses to distribute source material to persons generally licensed under part 40 of this $2,800. chapter. Application [Program Code(s): 11230, 11231]. E. Licenses for possession and use of source material for processing or manufacturing of prod- $2,700. ucts or materials containing source material for commercial distribution. Application [Program Code(s): 11710]. F. All other source material licenses. Application [Program Code(s): 11200, 11220, 11221, $2,700. 11300, 11800, 11810, 11820]. 3. Byproduct material: 11 A. Licenses of broad scope for the possession and use of byproduct material issued under $13,100. parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. Application [Pro- gram Code(s): 03211, 03212, 03213].

859

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00869 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR § 170.31 10 CFR Ch. I (1–1–21 Edition)

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 23

(1). Licenses of broad scope for the possession and use of byproduct material issued $17,400. under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. Application [Program Code(s): 04010, 04012, 04014]. (2). Licenses of broad scope for the possession and use of byproduct material issued $21,700. under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. Application [Program Code(s): 04011, 04013, 04015]. B. Other licenses for possession and use of byproduct material issued under part 30 of this $3,600. chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 1–5. Application [Program Code(s): 03214, 03215, 22135, 22162]. (1). Other licenses for possession and use of byproduct material issued under part 30 $4,800. of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: 6–20. Application [Pro- gram Code(s): 04110, 04112, 04114, 04116]. (2). Other licenses for possession and use of byproduct material issued under part 30 $6,000. of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution. Number of locations of use: more than 20. Applica- tion [Program Code(s): 04111, 04113, 04115, 04117]. C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or $5,200. 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). Number of locations of use: 1–5. Application [Program Code(s): 02500, 02511, 02513]. (1). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the $6,900. 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). Num- ber of locations of use: 6–20. Application [Program Code(s): 04210, 04212, 04214]. (2). Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the $8,700. 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). Num- ber of locations of use: more than 20. Application [Program Code(s): 04211, 04213, 04215]. D. [Reserved] ...... N/A. E. Licenses for possession and use of byproduct material in sealed sources for irradiation of $3,200. materials in which the source is not removed from its shield (self-shielded units). Application [Program Code(s): 03510, 03520]. F. Licenses for possession and use of less than or equal to 10,000 curies of byproduct mate- $6,500. rial in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03511]. G. Licenses for possession and use of greater than 10,000 curies of byproduct material in $62,300. sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes. Application [Program Code(s): 03521]. H. Licenses issued under subpart A of part 32 of this chapter to distribute items containing by- $6,700. product material that require device review to persons exempt from the licensing requirements of part 30 of this chapter. The category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03254, 03255, 03257]. I. Licenses issued under subpart A of part 32 of this chapter to distribute items containing by- $11,600. product material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter. Application [Program Code(s): 03250, 03251, 03252, 03253, 03256]. J. Licenses issued under subpart B of part 32 of this chapter to distribute items containing by- $2,000. product material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. Application [Program Code(s): 03240, 03241, 03243].

860

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00870 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR Nuclear Regulatory Commission § 170.31

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 23

K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing by- $1,100. product material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter. Application [Program Code(s): 03242, 03244]. L. Licenses of broad scope for possession and use of byproduct material issued under parts $5,500. 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 1–5. Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613]. (1) Licenses of broad scope for possession and use of byproduct material issued $7,300. under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: 6–20. Application [Pro- gram Code(s): 04610, 04612, 04614, 04616, 04618, 04620, 04622]. (2) Licenses of broad scope for possession and use of byproduct material issued $9,100. under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution. Number of locations of use: more than 20. Applica- tion [Program Code(s): 04611, 04613, 04615, 04617, 04619, 04621, 04623]. M. Other licenses for possession and use of byproduct material issued under part 30 of this $8,300. chapter for research and development that do not authorize commercial distribution. Applica- tion [Program Code(s): 03620]. N. Licenses that authorize services for other licensees, except: (1) Licenses that authorize only $8,900. calibration and/or leak testing services are subject to the fees specified in fee Category 3.P.; and (2) Licenses that authorize waste disposal services are subject to the fees specified in fee Categories 4.A., 4.B., and 4.C. Application [Program Code(s): 03219, 03225, 03226]. O. Licenses for possession and use of byproduct material issued under part 34 of this chapter $6,400. for industrial radiography operations. Number of locations of use: 1–5. Application [Program Code(s): 03310, 03320]. (1). Licenses for possession and use of byproduct material issued under part 34 of $8,500. this chapter for industrial radiography operations. Number of locations of use: 6–20. Application [Program Code(s): 04310, 04312]. (2). Licenses for possession and use of byproduct material issued under part 34 of $10,600. this chapter for industrial radiography operations. Number of locations of use: more than 20. Application [Program Code(s): 04311, 04313]. P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9 $4,700. Number of locations of use: 1–5. Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, 03221, 03222, 03800, 03810, 22130]. (1). All other specific byproduct material licenses, except those in Categories 4.A. $6,300. through 9.D.9 Number of locations of use: 6–20. Application [Program Code(s): 04410, 04412, 04414, 04416, 04418, 04420, 04422, 04424, 04426, 04428, 04430, 04432, 04434, 04436, 04438]. (2). All other specific byproduct material licenses, except those in Categories 4.A. $7,900. through 9.D.9 Number of locations of use: More than 20. Application [Program Code(s): 04411, 04413, 04415, 04417, 04419, 04421, 04423, 04425, 04427, 04429, 04431, 04433, 04435, 04437, 04439]. Q. Registration of a device(s) generally licensed under part 31 of this chapter. Registration ...... $600. R. Possession of items or products containing radium-226 identified in 10 CFR 31.12 which ex- $2,600. ceed the number of items or limits specified in that section.5 1. Possession of quantities exceeding the number of items or limits in 10 CFR 31.12(a)(4) or (5) but less than or equal to 10 times the number of items or limits specified. Application [Program Code(s): 02700]. 2. Possession of quantities exceeding 10 times the number of items or limits specified $2,500. in 10 CFR 31.12(a)(4) or (5). Application [Program Code(s): 02710]. S. Licenses for production of accelerator-produced radionuclides. Application [Program $14,300. Code(s): 03210]. 4. Waste disposal and processing: 11 A. Licenses specifically authorizing the receipt of waste byproduct material, source material, or Full Cost. 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 resi- dues, and transfer of packages to another person authorized to receive or dispose of waste material. Application [Program Code(s): 03231, 03233, 03236, 06100, 06101]. B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or $6,900. special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03234]. C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, $5,000. source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. Application [Program Code(s): 03232].

861

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00871 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR § 170.31 10 CFR Ch. I (1–1–21 Edition)

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 23

5. Well logging: 11 A. Licenses for possession and use of byproduct material, source material, and/or special nu- $4,600. clear material for well logging, well surveys, and tracer studies other than field flooding tracer studies. Application [Program Code(s): 03110, 03111, 03112]. B. Licenses for possession and use of byproduct material for field flooding tracer studies. Li- Full Cost. censing [Program Code(s): 03113]. 6. Nuclear laundries: 11 A. Licenses for commercial collection and laundry of items contaminated with byproduct mate- $22,200. rial, source material, or special nuclear material. Application [Program Code(s): 03218]. 7. Medical licenses: 11 A. Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct $11,200. material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Num- ber of locations of use: 1–5. Application [Program Code(s): 02300, 02310]. (1). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of $14,800. byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: 6–20. Application [Program Code(s): 04510, 04512]. (2). Licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of $18,500. byproduct material, source material, or special nuclear material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices. Number of locations of use: more than 20. Application [Pro- gram Code(s): 04511, 04513]. B. Licenses of broad scope issued to medical institutions or two or more physicians under $8,700. 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. Number of locations of use: 1–5. Application [Program Code(s): 02110]. (1). Licenses of broad scope issued to medical institutions or two or more physicians $11,600. 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. Number of locations of use: 6–20. Application [Program Code(s): 04710]. (2). Licenses of broad scope issued to medical institutions or two or more physicians $14,500. 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. Number of locations of use: more than 20. Application [Program Code(s): 04711]. C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of by- $6,600. product 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.10 Number of locations of use: 1–5. Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160]. (1). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human $8,800. 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.10 Number of locations of use: 6– 20. Application [Program Code(s): 04810, 04812, 04814, 04816, 04818, 04820, 04822, 04824, 04826, 04828]. (2). Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human $10,900. 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.10 Number of locations of use: More than 20. Application [Program Code(s): 04811, 04813, 04815, 04817, 04819, 04821, 04823, 04825, 04827, 04829]. 8. Civil defense: 11 A. Licenses for possession and use of byproduct material, source material, or special nuclear $2,600. material for civil defense activities. Application [Program Code(s): 03710]. 9. Device, product, or sealed source safety evaluation: A. Safety evaluation of devices or products containing byproduct material, source material, or $10,900. special nuclear material, except reactor fuel devices, for commercial distribution. Applica- tion—each device.

862

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00872 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR Nuclear Regulatory Commission § 170.31

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 23

B. Safety evaluation of devices or products containing byproduct material, source material, or $9,000. 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. C. Safety evaluation of sealed sources containing byproduct material, source material, or spe- $5,300. cial nuclear material, except reactor fuel, for commercial distribution. Application—each source. D. Safety evaluation of sealed sources containing byproduct material, source material, or spe- $1,100. cial nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel. Application—each source. 10. Transportation of radioactive material: A. Evaluation of casks, packages, and shipping containers. 1. Spent Fuel, High-Level Waste, and plutonium air packages ...... Full Cost. 2. Other Casks ...... Full Cost. B. Quality assurance program approvals issued under part 71 of this chapter. 1. Users and Fabricators. Application ...... $4,200. Inspections ...... Full Cost. 2. Users. Application ...... $4,200. Inspections ...... Full Cost. C. Evaluation of security plans, route approvals, route surveys, and transportation security de- Full Cost. vices (including immobilization devices).. 11. Review of standardized spent fuel facilities...... Full Cost. 12. Special projects: Including approvals, pre-application/licensing activities, and inspections. Application Full Cost. [Program Code: 25110]. 13. A. Spent fuel storage cask Certificate of Compliance...... Full Cost. B. Inspections related to storage of spent fuel under § 72.210 of this chapter ...... Full Cost. 14. Decommissioning/Reclamation: 11 A. Byproduct, source, or special nuclear material licenses and other approvals authorizing de- Full Cost. commissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs). The transition to this fee category occurs when a licensee has permanently ceased principal activities. [Program Code(s): 03900, 11900, 21135, 21215, 21325, 22200]. B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, Full Cost. regardless of whether or not the sites have been previously licensed. 15. Import and Export licenses: 12 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 N/A. Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b). Application—new license, or amendment; or license exemption request. B. Application for export or import of nuclear material, including radioactive waste, requiring Ex- N/A. ecutive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires the NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. En- vironmental Protection Agency, etc.). Application—new license, or amendment; or license exemption request. C. Application for export of nuclear material, for example, routine reloads of low enriched ura- N/A. nium reactor fuel and/or natural uranium source material requiring the assistance of the Ex- ecutive Branch to obtain foreign government assurances. Application—new license, or amendment; or license exemption request. D. Application for export or import of nuclear material not requiring Commission or Executive N/A. Branch review, or obtaining foreign government assurances. Application—new license, or amendment; or license exemption request. E. Minor amendment of any active export or import license, for example, to extend the expira- N/A. tion 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. Licenses issued under part 110 of this chapter for the import and export only of Category 1 and Category 2 quantities of radioactive material listed in appendix P to part 110 of this chapter (fee categories 15.F. through 15.R.). Category 1 (Appendix P, 10 CFR Part 110) Exports: F. Application for export of appendix P Category 1 materials requiring Commission review (e.g. N/A. exceptional circumstance review under 10 CFR 110.42(e)(4)) and to obtain one government- to-government consent for this process. For additional consent see fee category 15.I. Appli- cation—new license, or amendment; or license exemption request. G. Application for export of appendix P Category 1 materials requiring Executive Branch review N/A. and to obtain one government-to-government consent for this process. For additional consents see fee category 15.I. Application—new license, or amendment; or license exemption request.

863

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00873 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR § 170.31 10 CFR Ch. I (1–1–21 Edition)

TABLE 1 TO § 170.31—SCHEDULE OF MATERIALS FEES—Continued [See footnotes at end of table]

Category of materials licenses and type of fees 1 Fees 23

H. Application for export of appendix P Category 1 materials and to obtain one government-to- N/A. government consent for this process. For additional consents see fee category 15.I. Applica- tion—new license, or amendment; or license exemption request. I. Requests for each additional government-to-government consent in support of an export li- N/A. cense application or active export license. Application—new license, or amendment; or license exemption request. Category 2 (Appendix P, 10 CFR Part 110) Exports: J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. N/A. exceptional circumstance review under 10 CFR 110.42(e)(4)). Application—new license, or amendment; or license exemption request. K. Applications for export of appendix P Category 2 materials requiring Executive Branch re- N/A. view. Application—new license, or amendment; or license exemption request. L. Application for the export of Category 2 materials. Application—new license, or amendment; N/A. or license exemption request. M. [Reserved] ...... N/A. N. [Reserved] ...... N/A. O. [Reserved] ...... N/A. P. [Reserved] ...... N/A. Q. [Reserved] ...... N/A. Minor Amendments (Category 1 and 2, Appendix P, 10 CFR Part 110, Export): R. Minor amendment of any active export license, for example, to extend the expiration date, N/A. 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. 16. Reciprocity: Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR $2,100. 150.20. Application. 17. Master materials licenses of broad scope issued to Government agencies. Application [Program Full Cost. Code(s): 03614] 18. Department of Energy. A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers (includ- Full Cost. ing spent fuel, high-level waste, and other casks, and plutonium air packages). B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ...... Full Cost. 1 Types of fees—Separate charges, as shown in the schedule, will be assessed for pre-application consultations and reviews; applications for new licenses, approvals, or license terminations; possession-only licenses; issuances of new licenses and approvals; certain amendments and renewals to existing licenses and approvals; safety evaluations of sealed sources and devices; generally licensed device registrations; and certain inspections. The following guidelines apply to these charges: (a) Application and registration fees. Applications for new materials licenses and export and import licenses; applications to re- instate expired, terminated, or inactive licenses, except those subject to fees assessed at full costs; applications filed by Agree- ment 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 1.C. only. (b) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, pre-application consultations and other documents submitted to the NRC for review, and project manager time for fee categories subject to full cost fees are due upon notification by the Commission in accordance with § 170.12(b). (c) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must be accompanied by the prescribed amendment fee for the category affected by the amendment, unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category would apply. (d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 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 be charged for approvals issued under a specific exemption provision of the Commission’s regulations under title 10 of the Code of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in fee categories 9.A. through 9.D. 3 Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established ined, and the appropriate contractual support services expended. 4 Licensees paying fees under categories 1.A., 1.B., and 1.E. are not subject to fees under categories 1.C., 1.D. and 1.F. for sealed sources authorized in the same license, except for an application that deals only with the sealed sources authorized by the license. 5 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. (This exception does not apply if the radium sources are possessed for storage only.) 6 Licensees subject to fees under fee categories 1.A., 1.B., 1.E., or 2.A. must pay the largest applicable fee and are not subject to additional fees listed in this table.

864

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00874 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR Nuclear Regulatory Commission Pt. 171

7 Licensees paying fees under 3.C., 3.C.1, or 3.C.2 are not subject to fees under 2.B. for possession and shielding authorized on the same license. 8 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. 9 Licensees paying fees under 3.N. are not subject to paying fees under 3.P., 3.P.1, or 3.P.2 for calibration or leak testing services authorized on the same license. 10 Licensees paying fees under 7.B., 7.B.1, or 7.B.2 are not subject to paying fees under 7.C., 7.C.1, or 7.C.2. for broad scope 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. 11 A materials license (or part of a materials license) that transitions to fee category 14.A is assessed full-cost fees under 10 CFR part 170, but is not assessed an annual fee under 10 CFR part 171. If only part of a materials license is transitioned to fee category 14.A, the licensee may be charged annual fees (and any applicable 10 CFR part 170 fees) for other activities authorized under the license that are not in decommissioning status. 12 Because the Further Consolidated Appropriations Act, 2020, excludes international activities from the fee-recoverable budget in FY 2020, import and export licensing actions will not be charged fees.

[71 FR 30747, July 31, 2006, as amended at 75 FR 34235, June 16, 2010; 76 FR 36797, June 22, 2011; 76 FR 72087, Nov. 22, 2011; 77 FR 35827, June 13, 2012; 78 FR 32341, May 29, 2013; 78 FR 39428, July 1, 2013; 78 FR 54959, Sept. 9, 2013; 79 FR 37145, June 30, 2014; 79 FR 51471, Aug. 29, 2014; 80 FR 37455, June 30, 2015; 81 FR 41186, June 24, 2016; 82 FR 30699, June 30, 2017; 83 FR 29646, June 25, 2018; 84 FR 22350, May 17, 2019; 85 FR 37271, June 19, 2020]

§ 170.32 Schedule of fees for health PART 171—ANNUAL FEES FOR RE- and safety, and safeguards inspec- ACTOR LICENSES AND FUEL tions for materials licenses. CYCLE LICENSES AND MATERIALS Materials licensees shall pay inspec- LICENSES, INCLUDING HOLDERS tion fees as set forth in § 170.31. OF CERTIFICATES OF COMPLI- [53 FR 52652, Dec. 29, 1988] ANCE, REGISTRATIONS, AND QUALITY ASSURANCE PROGRAM ENFORCEMENT APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE § 170.41 Failure by applicant or licensee to pay prescribed fees. NRC If the Commission determines that Sec. an applicant or a licensee has failed to 171.1 Purpose. pay a prescribed fee required in this 171.3 Scope. part, the Commission will not process 171.5 Definitions. any application and may suspend or re- 171.7 Interpretations. 171.8 Information collection requirements: voke any license or approval issued to OMB approval. the applicant or licensee. The Commis- 171.9 Communications. sion may issue an order with respect to 171.11 Exemptions. licensed activities that the Commis- 171.13 Notice. sion determines to be appropriate or 171.15 Annual fees: Reactor licenses and necessary to carry out the provisions independent spent fuel storage licenses. 171.16 Annual fees: Materials licensees, of this part, parts 30, 31, 32 through 35, holders of certificates of compliance, 40, 50, 61, 70, 71, 72, 73, and 76 of this holders of sealed source and device reg- chapter, and of the act. istrations, holders of quality assurance program approvals, and government [66 FR 32474, June 14, 2001] agencies licensed by the NRC. 171.17 Proration. § 170.51 Right to review and appeal of 171.19 Payment. prescribed fees. 171.21 [Reserved] All debtors’ requests for review of the 171.23 Enforcement. fees assessed and appeal or disagree- 171.25 Collection, interest, penalties, and administrative costs. ment with the prescribed fee (staff hours and contractual) must be sub- AUTHORITY: Atomic Energy Act of 1954, mitted in accordance with the provi- secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, 2201(w), 2273, 2282); Energy Reorganization sions of 10 CFR 15.31, ‘‘Disputed Act of 1974, sec. 201 (42 U.S.C. 5841); 42 U.S.C. Debts,’’ of this title. 2214; 44 U.S.C. 3504 note.

[49 FR 21309, May 21, 1984; 49 FR 24113, June SOURCE: 51 FR 33230, Sept. 18, 1986, unless 12, 1984] otherwise noted.

865

VerDate Sep<11>2014 13:07 Aug 27, 2021 Jkt 253031 PO 00000 Frm 00875 Fmt 8010 Sfmt 8010 Y:\SGML\253031.XXX 253031 spaschal on DSKJM0X7X2PROD with CFR