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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations TABLE 1 TO 170.31SCHEDULE OF MATERIALS FEESContinued See footnotes at end of table Category of materials licenses and type of fees 1

Fees 2 3

16. Reciprocity:
Agreement State licensees who conduct activities under the reciprocity provisions of 150.20 of this chapter.
Application
17. Master materials licenses of broad scope issued to Government agencies.
Application Program Codes: 03614
18. Department of Energy:
A. Certificates of Compliance. Evaluation of casks, packages, and shipping containers including spent fuel, high-level waste, and other casks, and plutonium air packages.
B. Uranium Mill Tailings Radiation Control Act UMTRCA activities

$2,700.
Full Cost.
Full Cost.
Full Cost.

1 Types
of feesSeparate 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:
1 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.
i 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.
ii 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.
2 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 170.12b.
3 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.
4 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 170.12c.
5 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 Commissions 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 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 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.
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.
9Licensees 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.

11. Revise 170.51 to read as follows:

170.51

Right to dispute assessed fees.

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All debtors disputes of fees assessed must be submitted in accordance with 10 CFR 15.31.

PART 171ANNUAL FEES FOR
REACTOR LICENSES AND FUEL
CYCLE LICENSES AND MATERIALS
LICENSES, INCLUDING HOLDERS OF
CERTIFICATES OF COMPLIANCE, REGISTRATIONS, AND QUALITY
ASSURANCE PROGRAM APPROVALS
AND GOVERNMENT AGENCIES
LICENSED BY THE NRC
12. The authority citation for part 171
is revised to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 161w, 223, 234 42 U.S.C. 2014,
VerDate Sep<11>2014

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2201w, 2273, 2282; Energy Reorganization Act of 1974, sec. 201 42 U.S.C. 5841; 42
U.S.C. 2215; 44 U.S.C. 3504 note.

13. Revise 171.3 to read as follows:

171.3

Scope.

The regulations in this part apply to any person holding an operating license for a non-power production or utilization facility issued under 10 CFR
part 50 that has provided notification to the Nuclear Regulatory Commission NRC that the licensee has successfully completed startup testing, and to any
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