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§ 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.

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

Category of materials licenses and type of fees 1 Fee 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] Full Cost.
(b) Low Enriched Uranium in Dispersible Form Used for Fabrication of Power Reactor Fuel [Program Code(s): 21210] Full Cost.
  (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] Full Cost.
(b) Gas centrifuge enrichment demonstration facilities Full Cost.
(c) Others, including hot cell facilities Full Cost.
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]. Full Cost.
C. Licenses for possession and use of special nuclear material of less than a critical mass, as 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] $1,300.
D. All other special nuclear material licenses, except licenses authorizing special nuclear material 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]. $2,600.
E. Licenses or certificates for construction and operation of a uranium enrichment facility [Program Code(s): 21200] Full Cost.
F. For special nuclear materials licenses in sealed or unsealed form of greater than a critical mass as defined in § 70.4 of this chapter.4 [Program Code(s): 22155]. Full Cost.
2. Source material:
  A. (1) Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride or for deconverting uranium hexafluoride in the production of uranium oxides for disposal. [Program Code(s): 11400]. Full Cost.
  (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.  
    (a) Conventional and Heap Leach facilities [Program Code(s): 11100] Full Cost.
  (b) Basic In Situ Recovery facilities [Program Code(s): 11500] Full Cost.
  (c) Expanded In Situ Recovery facilities [Program Code(s): 11510] Full Cost.
  (d) In Situ Recovery Resin facilities [Program Code(s): 11550] Full Cost.
  (e) Resin Toll Milling facilities [Program Code(s): 11555] Full Cost.
  (f) Other facilities [Program Code(s): 11700] Full Cost.
  (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, 12000]. Full Cost.
(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) [Program Code(s): 12010]. Full Cost.
(5) Licenses that authorize the possession of source material related to removal of contaminants (source material) from drinking water [Program Code(s): 11820]. Full Cost.
B. Licenses which authorize the possession, use, and/or installation of source material for shielding.6 7 8  
  Application [Program Code(s): 11210] $1,230.
C. Licenses to distribute items containing source material to persons exempt from the licensing requirements of part 40 of this chapter.  
  Application [Program Code(s): 11240] $6,900.
D. Licenses to distribute source material to persons generally licensed under part 40 of this chapter.  
  Application [Program Code(s): 11230, 11231] $2000.
E. Licenses for possession and use of source material for processing or manufacturing of products or materials containing source material for commercial distribution.  
  Application [Program Code(s): 11710] $2,800.
F. All other source material licenses.  
  Application [Program Code(s): 11200, 11220, 11221, 11300, 11800, 11810] $2,800.
3. Byproduct material:
  A. Licenses of broad scope for the possession and use of byproduct material issued under parts 30 and 33 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution.  
  Application [Program Code(s): 03211, 03212, 03213] $13,100.
B. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for processing or manufacturing of items containing byproduct material for commercial distribution.  
  Application [Program Code(s): 03214, 03215, 22135, 22162] $3,900.
C. Licenses issued under §§ 32.72 and/or 32.74 of this chapter that authorize the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under § 170.11(a)(4).  
  Application [Program Code(s): 02500, 02511, 02513] $4,900.
D. [Reserved] N/A.
E. Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units).  
  Application [Program Code(s): 03510, 03520] $3,200.
F. Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes.  
  Application [Program Code(s): 03511] $6,500.
G. Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials where the source is not exposed for irradiation purposes.  
  Application [Program Code(s): 03521] $62,400.
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. 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] $5,100.
I. Licenses issued under Subpart A of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements of part 30 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of part 30 of this chapter.  
  Application [Program Code(s): 03250, 03251, 03252, 03253, 03256] $11,500.
J. Licenses issued under Subpart B of part 32 of this chapter to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter.  
  Application [Program Code(s): 03240, 03241, 03243] $2,000.
K. Licenses issued under subpart B of part 32 of this chapter to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed under part 31 of this chapter. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under part 31 of this chapter.  
  Application [Program Code(s): 03242, 03244] $1,100.
L. Licenses of broad scope for possession and use of byproduct material issued under parts 30 and 33 of this chapter for research and development that do not authorize commercial distribution.  
  Application [Program Code(s): 01100, 01110, 01120, 03610, 03611, 03612, 03613] $5,500.
M. Other licenses for possession and use of byproduct material issued under part 30 of this chapter for research and development that do not authorize commercial distribution.  
  Application [Program Code(s): 03620] $3,700.
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.
 
  Application [Program Code(s): 03219, 03225, 03226] $7,400.
O. Licenses for possession and use of byproduct material issued under part 34 of this chapter for industrial radiography operations.  
  Application [Program Code(s): 03310, 03320] $4,100.
P. All other specific byproduct material licenses, except those in Categories 4.A. through 9.D.9  
  Application [Program Code(s): 02400, 02410, 03120, 03121, 03122, 03123, 03124, 03130, 03140, 03220, 03221, 03222, 03800, 03810, 22130]. $2,000.
Q. Registration of a device(s) generally licensed under part 31 of this chapter.  
  Registration $400.
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.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] $2,600.
2. Possession of quantities exceeding 10 times the number of items or limits specified in 10 CFR 31.12(a)(4), or (5).  
  Application [Program Code(s): 02710] $2,000.
S. Licenses for production of accelerator-produced radionuclides.  
  Application [Program Code(s): 03210] $13,200.
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]. Full Cost.
B. Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.
  Application [Program Code(s): 03234] $6,000.
C. Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.  
  Application [Program Code(s): 03232] $5,000.
5. Well logging:
  A. Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies.  
  Application [Program Code(s): 03110, 03111, 03112] $3,900.
B. Licenses for possession and use of byproduct material for field flooding tracer studies.  
  Licensing [Program Code(s): 03113] Full Cost.
6. Nuclear laundries:
  A. Licenses for commercial collection and laundry of items contaminated with byproduct material, source material, or special nuclear material.  
  Application [Program Code(s): 03218] $22,300.
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 gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices.  
  Application [Program Code(s): 02300, 02310] $9,000.
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.10  
  Application [Program Code(s): 02110] $8,700.
C. Other licenses issued under parts 30, 35, 40, and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices.  
  Application [Program Code(s): 02120, 02121, 02200, 02201, 02210, 02220, 02230, 02231, 02240, 22160] $3,400.
8. Civil defense:
  A. Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities.  
  Application [Program Code(s): 03710] $2,600.
9. Device, product, or sealed source safety evaluation:
  A. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material, except reactor fuel devices, for commercial distribution.  
  Application—each device $5,400.
B. Safety evaluation of devices or products containing byproduct material, source material, or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices.  
  Application—each device $9,100.
C. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, except reactor fuel, for commercial distribution.  
  Application—each source $5,300.
D. Safety evaluation of sealed sources containing byproduct material, source material, or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel.  
  Application—each source $1,060.
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 devices (including immobilization devices). Full Cost.
11. Review of standardized spent fuel facilities Full Cost.
12. Special projects:
Including approvals, pre-application/licensing activities, and inspections:
  Application [Program Code: 25110] Full Cost.
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. 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, including MMLs.  
  Application [Program Code(s): 3900, 11900, 21135, 21215, 21240, 21325, 22200] Full Cost.
B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, regardless of whether or not the sites have been previously licensed. Full Cost.
15. Import and Export licenses:
Licenses issued under part 110 of this chapter for the import and export only of special nuclear material, source material, tritium and other byproduct material, and the export only of heavy water, or nuclear grade graphite (fee categories 15.A. through 15.E.)
 
  A. Application for export or import of nuclear materials, including radioactive waste requiring Commission and Executive Branch review, for example, those actions under 10 CFR 110.40(b).  
  Application—new license, or amendment; or license exemption request $18,200.
B. Application for export or import of nuclear material, including radioactive waste, requiring Executive Branch review, but not Commission review. This category includes applications for the export and import of radioactive waste and requires NRC to consult with domestic host state authorities (i.e., Low-Level Radioactive Waste Compact Commission, the U.S. Environmental Protection Agency, etc.).  
  Application—new license, or amendment; or license exemption request $9,800.
C. Application for export of nuclear material, for example, routine reloads of low enriched uranium reactor fuel and/or natural uranium source material requiring the assistance of the Executive Branch to obtain foreign government assurances.  
  Application—new license, or amendment; or license exemption request $4,500.
D. Application for export or import of nuclear material not requiring Commission or Executive Branch review, or obtaining foreign government assurances.  
  Application—new license, or amendment; or license exemption request $3,400.
E. Minor amendment of any active export or import license, for example, to extend the expiration date, change domestic information, or make other revisions which do not involve any substantive changes to license terms and conditions or to the type/quantity/chemical composition of the material authorized for export and, therefore, do not require in-depth analysis, review, or consultations with other Executive Branch, U.S. host state, or foreign government authorities.  
  Minor amendment $1,400.
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. exceptional circumstance review under 10 CFR 110.42(e)(4)) and to obtain government-to-government consent for this process. For additional consent see 15.I).  
  Application—new license, or amendment; or license exemption request $15,400.
G. Application for export of Appendix P Category 1 materials requiring Executive Branch review and to obtain government-to-government consent for this process. For additional consents see 15.I.  
  Application—new license, or amendment; or license exemption request $8,900.
H. Application for export of Appendix P Category 1 materials and to obtain one government-to-government consent for this process. For additional consents see 15.I.  
  Application—new license, or amendment; or license exemption request $6,700.
I. Requests for each additional government-to-government consent in support of an export license application or active export license.  
  Application—new license, or amendment; or license exemption request $280.
Category 2 (Appendix P, 10 CFR Part 110) Exports:
  J. Application for export of appendix P Category 2 materials requiring Commission review (e.g. exceptional circumstance review under 10 CFR 110.42(e)(4)).  
  Application—new license, or amendment; or license exemption request $15,400.
K. Applications for export of Appendix P Category 2 materials requiring Executive Branch review.  
  Application—new license, or amendment; or license exemption request $8,900.
L. Application for the export of Category 2 materials.  
  Application—new license, or amendment; or license exemption request $5,600.
  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, 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 $1,400.
16. Reciprocity:
Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20.
  Application $1,900.
17. Master materials licenses of broad scope issued to Government agencies.
  Application [Program Code(s): 03614] Full Cost.
18. Department of Energy:
  A. Certificates of Compliance. Evaluation of casks, 11 packages, and shipping containers (including spent fuel, high-level waste, and other casks, and plutonium air packages). Full Cost.
  B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities Full Cost.

1Types 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 reinstate expired, terminated, or inactive licenses, except those subject to fees assessed at full costs; applications filed by Agreement State licensees to register under the general license provisions of 10 CFR 150.20; and applications for amendments to materials licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category.

(1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category.

(2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices will pay the appropriate application fee for fee category 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 not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in categories 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 in § 170.20 in effect when the service is provided, 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 paying fees under 3.O. are not subject to fees under 2.B. for possession and shielding authorized on the same license.

7 Licensees paying fees under 3.C. 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. for calibration or leak testing services authorized on the same license.

10 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope license 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.

[67 FR 42631, Jun. 24, 2002, as amended at 67 FR 64038, Oct. 17, 2002; 68 FR 36730, Jun. 18, 2003; 68 FR 46439, Aug. 6, 2003; 69 FR 22677, Apr. 26, 2004; 70 FR 50544, May 26, 2005; 70 FR 33819, Jun. 10, 2005; 71 FR 30747, May 30, 2006; 72 FR 31422, Jun. 6, 2007; 72 FR 55934 Oct. 1, 2007; 73 FR 32402, Jun. 6, 2008; 74 FR 27660, Jun. 10, 2009; 75 FR 34235, Jun. 16, 2010; 76 FR 36797, Jun. 22, 2011; 76 FR 72087, Nov. 22, 2011; 77 FR 35827, Jun. 15, 2012; 78 FR 32341, May 29, 2013; 78 FR 39482, Jul. 1, 2013; 78 FR 54959, Sep. 9, 2013; 79 FR 37145 Jun. 30, 2014; 79 FR 51471, Aug. 29, 2014]

Page Last Reviewed/Updated Friday, August 29, 2014