10 CFR 171.16, Annual Fees: Materials Licensees, Holders of Certificates of Compliance, Holders of Sealed Source and Device Registrations, Holders of Quality Assurance Program Approvals, and Government Agencies Licensed by the Nrc
Annual fees: Materials licensees, holders of certificates of compliance, holders of sealed source and device registrations, holders of quality assurance program approvals, and government agencies licensed by the NRC
a
- (a)(1) The provisions of this section apply to person(s) who are authorized to conduct activities under-
- (i) 10 CFR part 30 for byproduct material;
- (ii) 10 CFR part 40 for source material;
- (iii) 10 CFR part 70 for special nuclear material;
- (iv) 10 CFR part 71 for packaging and transportation of radioactive material; and
- (v) 10 CFR part 76 for uranium enrichment.
- (2) Notwithstanding the other provisions in this section, the regulations in this part do not apply to uranium enrichment facilities until after the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license, as required in 10 CFR parts 40 and 70.
- (3) In accordance with § 171.17, each person identified in paragraph (a)(1) of this section shall pay the applicable annual fee for each license the person holds during the FY. Annual fees will be prorated for new licenses issued and for licenses for which termination is requested and activities permanently ceased during the FY as provided in § 171.17. If a single license authorizes more than one activity (e.g., human use and irradiator activities), annual fees will be assessed for each fee category applicable to the license. If a person holds more than one license, the total annual fee assessed will be the cumulative total of the annual fees applicable to each license held.
b
(b) The annual fee is comprised of a base annual fee and an allocation for fee-relief adjustment. The activities comprising the fee-relief adjustment are shown in paragraph (e) of this section. The base annual fee is the sum of budgeted costs for the following activities:
- (1) Generic and other research activities directly related to the regulation of materials licenses as defined in this part; and
- (2) Other safety, environmental, and safeguards activities for materials licenses, except costs for licensing and inspection activities that are recovered under Part 170 of this chapter.
c
(c) A licensee who is required to pay an annual fee under this section, in addition to 10 CFR part 72 licenses, may qualify as a small entity. If a licensee qualifies as a small entity and provides the Commission with the proper certification along with its annual fee payment, the licensee may pay reduced annual fees as shown in the following table. Failure to file a small entity certification in a timely manner could result in the receipt of a delinquent invoice requesting the outstanding balance due and/or denial of any refund that might otherwise be due. The small entity fees are as follows:
d
(d) The FY 2014 annual fees are comprised of a base annual fee and an allocation for fee-relief adjustment. The activities comprising the FY 2014 fee-relief adjustment are shown for convenience in paragraph (e) of this section. The FY 2014 annual fees for materials licensees and holders of certificates, registrations, or approvals subject to fees under this section are shown in the following table: <a href="#1_17116-note1" name="1_17116" title="Footnote 1">1</a> Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1, 2012, and permanently ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of § 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license. <a href="#2_17116-note2" name="2_17116" title="Footnote 2">2</a> Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid. Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter. <a href="#3_17116-note3" name="3_17116" title="Footnote 3">3</a> Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal Register for notice and comment. <a href="#4_17116-note4" name="4_17116" title="Footnote 4">4</a> Other facilities include licenses for extraction of metals, heavy metals, and rare earths. <a href="#5_17116-note5" name="5_17116" title="Footnote 5">5</a> There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider establishing an annual fee for this type of license. <a href="#6_17116-note6" name="6_17116" title="Footnote 6">6</a> Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports. <a href="#7_17116-note7" name="7_17116" title="Footnote 7">7</a> Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate. <a href="#8_17116-note8" name="8_17116" title="Footnote 8">8</a> No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license. <a href="#9_17116-note9" name="9_17116" title="Footnote 9">9</a> Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses under fee categories 7.B. or 7.C. <a href="#10_17116-note10" name="10_17116" title="Footnote 10">10</a> This includes Certificates of Compliance issued to the U.S. Department of Energy that are not funded from the Nuclear Waste Fund. <a href="#11_17116-note11" name="11_17116" title="Footnote 11">11</a> See § 171.15(c). <a href="#12_17116-note12" name="12_17116" title="Footnote 12">12</a> See § 171.15(c). <a href="#13_17116-note13" name="13_17116" title="Footnote 13">13</a> No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees. <a href="#14_17116-note14" name="14_17116" title="Footnote 14">14</a> 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.) <a href="#15_17116-note15" name="15_17116" title="Footnote 15">15</a> Licensees paying annual fees under category 1.A., 1.B., and 1.E. are not subject to the annual fees for categories 1.C., 1.D., and 1.F. for sealed sources authorized in the license. <a href="#ftn16-part17116" id="part171-16-ftn16" title="Footnote 16">16</a> Licensees paying fees under 3.O. are not subject to fees under 2.B. for possession and shielding authorized on the same license. <a href="#ftn17-part17116" id="part171-16-ftn17" title="Footnote 17">17</a> Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. <a href="#ftn18-part17116" id="part171-16-ftn18" title="Footnote 18">18</a> Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license. <a href="#ftn19-part17116" id="part171-16-ftn19" title="Footnote 19">19</a> 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. <a href="#ftn20-part17116" id="part171-16-ftn20" title="Footnote 20">20</a> 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.
e
(e) The fee-relief adjustment allocated to annual fees includes the budgeted resources for the activities listed in paragraph (e)(1) of this section, plus the total budgeted resources for the activities included in paragraphs (e)(2) and (e)(3) of this section, as reduced by the appropriations the NRC receives for these types of activities. If the NRC's appropriations for these types of activities are greater than the budgeted resources for the activities included in paragraphs (e)(2) and (e)(3) of this section for a given FY, a negative fee-relief adjustment (or annual fee reduction) will be allocated to annual fees. The activities comprising the FY 2014 fee-relief adjustment are as follows:
- (1) Low-level waste disposal generic activities;
- (2) Activities not attributable to an existing NRC licensee or class of licenses (e.g., international cooperative safety program and international safeguards activities, support for the Agreement State program); and
- (3) Activities not currently subject to 10 CFR part 170 licensing and inspection fees based on existing law or Commission policy (e.g., reviews and inspections conducted of nonprofit educational institutions, costs that would not be collected from small entities based on Commission policy in accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., regulatory support for Agreement States, generic decommissioning/reclamation activities for fee classes other than power reactors and spent fuel storage/reactor decommissioning, the in-situ leach rulemaking, and activities for unregistered general licensees).
Federal Register
"[FR" contains a listed "[" character as part of the property label and has therefore been classified as invalid.; 64 FR 38816, July 20, 1999; 65 FR 36965, June 12, 2000; 65 FR 44573, July 18, 2000; 66 FR 32474, June 14, 2001; 67 FR 42635, June 24, 2002; 68 FR 36734, June 18, 2003; 68 FR 46439, August 6, 2003; 69 FR 22682, Apr. 26, 2004; ; 70 FR 30548, May 26, 2005; 70 FR 33820, June 10, 2005; 71 FR 30753, May 30, 2006; 71 FR 33190, June 8, 2006, 72 FR 39733, July 20, 2007; 72 FR 31427, June 6, 2007; 72 FR 44954, Aug. 10, 2007; 72 FR 55936 Oct. 1, 2007; 73 FR 32408, June 6, 2008; 74 FR 27666, June 10, 2009; 75 FR 34241, Jun. 16, 2010; 76 FR 36802, Jun. 22, 2011; 76 FR 72087, Nov. 22, 2011; 77 FR 35832, Jun. 15, 2012; 77 FR 39387, Jul. 3, 2012; 78 FR 32342, May 29, 2013; 78 FR 39487, Jul. 1, 2013; 79 FR 37151 Jun. 30, 2014]
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