§ 170.11 Exemptions.
(a) No application fees, license fees, renewal fees, inspection fees, or special project fees shall be required for:
(1) A special project that is a request/report submitted to the NRC—
(i) In response to a Generic Letter or NRC Bulletin that does not result in an amendment to the license, does not result in the review of an alternate method or reanalysis to meet the requirements of the Generic Letter, or does not involve an unreviewed safety issue;
(ii) When the NRC, at the time the request/report is submitted, plans to use the information in response to an NRC request from the Office Director level or above to resolve an identified safety, safeguards, or environmental issue, or to assist the NRC in generic regulatory improvements or efforts (e.g., rules, regulatory guides, regulations, policy statements, generic letters, or bulletins).
(A) The report should be submitted for the specific purpose of supporting ongoing NRC generic regulatory improvements or efforts (e.g., rules, regulations, regulatory guides, and policy statements), and the agency, at the time the document is submitted, plans to use it for that purpose. The exemption applies even if ultimately the NRC does not use the document as planned;
(B) The NRC must be the primary beneficiary of the NRC’s review and approval of these documents. This exemption does not apply to a topical report submitted for the purpose of obtaining NRC approval for future use of the report by the industry to address licensing or safety issues, even though the NRC may realize some benefits from its review and approval of the document; and.
(C) The fee exemption is requested in writing to the Chief Financial Officer in accordance with 10 CFR 170.5, and the Chief Financial Officer grants this request in writing.
(2) A contested hearing conducted by the NRC on a specific application or the authorizations and conditions of a specific NRC license, certificate, or other authorization, including those involving individual plant security modifications. This exemption does not apply to a contested hearing on a licensing action that the NRC determines directly involves a U.S. Government national security-related initiative, including those specifically associated with Presidentially-directed national security programs.
(4) A construction permit or license applied for by, or issued to, a non-profit educational institution for a production or utilization facility, other than a power reactor, or for the possession and use of byproduct material, source material, or special nuclear material. This exemption does not apply to those byproduct, source or special nuclear material licenses which authorize:
(i) Human use;
(ii) Remunerated services to other persons;
(iii) Distribution of byproduct material, source material, or special nuclear material or products containing byproduct material, source material or special nuclear material; or
(iv) Activities performed under a Government agency contract.
(5) – (8) [Reserved]
(9) Federally-owned and State-owned research reactors used primarily for educational training and academic research purposes. For purposes of this exemption, the term research reactor means a nuclear reactor that—
(i) Is licensed by the Nuclear Regulatory Commission under section 104c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) at a thermal power level of 10 megawatts or less; and
(ii) If so licensed at a thermal power level of more than 1 megawatt, does not contain—
(A) A circulating loop through the core in which the licensee conducts fuel experiments;
(B) A liquid fuel loading; or
(C) An experimental facility in the core in excess of 16 square inches in cross-section.
(10) Activities of the Commission undertaken, pursuant to part 75 of this chapter, solely for the purpose of implementation of the US/IAEA Safeguards Agreement.
(12) A performance assessment or evaluation for which the licensee volunteers at the NRC's request and which is selected by the NRC.
(13) All fee exemption requests must be submitted in writing to the Chief Financial Officer in accordance with § 170.5, and the Chief Financial Officer will grant or deny such requests in writing.
(b) The Commission may, upon application by an interested person, or upon its own initiative, grant such exemptions from the requirements of this part as it determines are authorized by law and are otherwise in the public interest. Applications for exemption under this paragraph may include activities such as, but not limited to, the use of licensed materials for educational or noncommercial public displays or scientific collections.
[33 FR 10924, Aug. 1, 1968, as amended at 36 FR 146, Jan. 6, 1971; 36 FR 18173, Sep. 10, 1971; 37 FR 24029, Nov. 11, 1972; 38 FR 18443, Jul. 11, 1973; 43 FR 7218, Feb. 21, 1978; 45 FR 50718, Jul. 31, 1980; 49 FR 21302, May 21, 1984; 55 FR 21179, May 23, 1990; 56 FR 31499, Jul. 10, 1991; 59 FR 36917, Jul. 20, 1994; 60 FR 32238, Jun. 20, 1995; 62 FR 29207, May 29, 1997; 64 FR 31469, Jun. 10, 1999; 67 FR 42629, Jun. 24, 2002; 67 FR 64037, Oct. 17, 2002; 70 FR 30543, May 26, 2005; 71 FR 30746, May 30, 2006; 74 FR 27659, Jun. 10, 2009; 75 FR 34234, Jun. 16, 2010; 76 FR 36796, Jun. 22, 2011; 81 FR 41186, Jun. 24, 2016]