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GAO-13-803R 1 (2013-07-31)

handle is hein.gao/gaobadprc0001 and id is 1 raw text is: G AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-324983 July 31, 2013 The Honorable Barbara Boxer Chairman The Honorable David Vitter Ranking Member Committee on Environment and Public Works United States Senate The Honorable Fred Upton Chairman The Honorable Henry A. Waxman Ranking Member Committee on Energy and Commerce House of Representatives Subject: Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013 Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Nuclear Regulatory Commission (NRC) entitled Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013 (RIN: 3150-AJ19). We received the rule on July 17, 2013. It was published in the Federal Register as a final rule on July 1, 2013. 78 Fed. Reg. 39,462. The final rule amends the licensing, inspection, and annual fees NRC charges to its applicants and licensees. The Omnibus Budget Reconciliation Act of 1990, as amended, requires NRC to recover through fees approximately 90 percent of its budget authority in fiscal year 2013, not including amounts appropriated for Waste Incidental to Reprocessing, and amounts appropriated for generic homeland security activities. Based on the appropriations for fiscal year 2013, NRC's required fee recovery amount is approximately $864.0 million for the year. After accounting for billing adjustments, the total amount to be billed as fees is approximately $859.6 million. The final rule has an effective date of August 30, 2013. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The rule was published in the Federal Register on July 1, 2013, but we did not receive the rule until July 17, 2013. Therefore, the final rule does not have the required 60-day delay in its effective date. Enclosed is our assessment of NRC's compliance with the procedural steps required by section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the procedural steps GAO-13-803R

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