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GAO-14-841R 1 (2014-08-20)

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G      A             U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-326167


August 20, 2014

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 2014

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 2014 (RIN: 3150-AJ32). We received the rule on
August 5, 2014. It was published in the Federal Register as a final rule on June 30, 2014. 79
Fed. Reg. 37,124.

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 2014, not
including amounts appropriated for Waste Incidental to Reprocessing, amounts appropriated for
generic homeland security activities, and Inspector General services for the Defense Nuclear
Facilities Safety Board.

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). This final rule has a stated effective date of
August 29, 2014. The rule was published in the Federal Register on June 30, 2014, and
received by the House of Representatives and the Senate on July 30, 2014. 79 Fed. Reg.
37,124; 160 Cong. Rec. H7179 (July 31, 2014); 160 Cong. Rec. S5214 (July 31, 2014).
Therefore, this rule does not have the required 60-day delay in 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. With the exception of the required
60-day delay in effective date, our review of the procedural steps taken indicates that NRC
complied with the applicable requirements.


GAO-1 4-841 R

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