ML20148M894
| ML20148M894 | |
| Person / Time | |
|---|---|
| Issue date: | 06/05/1997 |
| From: | Holloway C NRC OFFICE OF THE CONTROLLER |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20148M448 | List: |
| References | |
| FRN-62FR29194, RULE-PR-170, RULE-PR-171 AF55-2-039, AF55-2-39, NUDOCS 9706250293 | |
| Download: ML20148M894 (6) | |
Text
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June 5, 1997 PDL
. MEMORANDUM FOR: David L. Meyer, Chief kf.W. V i
-[' Rules Review and Directives Branch k Division of Freedom of information ]
and Publication Services, ADM Signed by. ;
FROM: C. James Holloway, Jr. C. James Holloway, Jr.
l Assistant for Fee Policy and Rules, OCFO !
l
SUBJECT:
FINAL RULE (62 FR,29194-29220) 5/29/97 l We have proofed the subject Federal Register Notice and listed below are items to be j corrected:
- 1. page 29201, Table 1. Under the FY 96 column, the second entry of the table entitled ' Total Fee Base - Less Other Receipts" should read $6.0' rather than 6.01'.
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- 2. page 29216, fee Category 13B. Footnote 6 should not I appear with the fee of $283,000. There should be no footnote on the fee entry.
These are errors made by the Federal Register. Attached is a marked up copy of the j changes to the final rule.
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Attachment:
As stated DISTRIBUTION w/o attachment:
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>" United States General Accounting Omce Washington, D.C. 20548 Omce of the General Counsel L B-277100 roa
$$h June 5, 1997 l
The Honorable John H. Chafee
- Chairman The Honorable Max Baucus Ranking Minority Member Committee on Environment and Public Works United States Senate The Honorable Thomas J. Bliley, Jr.
Chairman The Honorable John D. Dingell '
Ranking Minority Member Committee on Commerce House of Representatives
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Subject:
Nuclear Regulatory Commission: Revision of Fee Schedules; 100% Fee Recovery, FY 1997 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 (Commission),
entitled " Revision of Fee Schedules; 100% Fee Recovery, FY 1997" (RIN: 3150-AF55).
We received the rule on May 23,1997. It was published in the Federal Register as a final rule on May 29,1997. 62 Fed. Reg. 29194.
The final rule implements for fiscal year 1997 section 6101 of the Omnibus Budget Reconciliation Act of 1990, as amended,42 U.S.C. % 2214. It requires the Commission to recover from its applicants and licensees approximately 100 percent ofits budget authori.7, less amounts appropriated from the Nuclear Waste Fund.
For FY 1997, the Commission must collect approximately $462 million through these fees. Two types of fees are assessed: (1) applicants and licensees are charged for specific services, such as inspections and licensing reviews, that are provided by the Commission; and (2) the Commission assesses an annual fee to its licensees to recover generic costs that cannot be attributed to specific licensees.
Enclosed is our assessment of the Commission's compliance with the procedural
, steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the
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GAO/OGC-97-18
4 rule. Our review indicates that the Commission complied with the applicable requirements.
If you have any questions about this report, please contact James Vickers, Assistant ;
General Counsel, at (202) 512-8210. The official responsible for GAO evaluation work relating to the Nuclear Regulatory Commission is Victor Rezendes, Director .
l for Energy, Resources, and Science Issues. Mr. Rezendes can be reached at (202) !
512-3841. '
l W'
l Robert P. Murphy General Counsel i
Enclosure cc: The Honorable Shirley Ann Jackson Chairman Nuclear Regulatory Commission 3
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( ENCLOSURE i ANALYSIS UNDER 5 U.S.C. @ 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE ISSUED BY THE NUCLEAR REGULATORY COMMISSION )
EN'ITI' LED 1
" REVISION OF FEE SCHEDULES; 100% FEE RECOVERY, FY 1997" l (RIN: 3150-AF55) l (i) Cost-benefit analysis The Commission was not required to, nor did it prepre, a cost-benefit analysis of j
.the final rule. However, the preamble to the final rule contains an explanation of l
how the amount of the fees were computed to permit the Commission to recover I the necessary costs required by the Omnibus Budget Reconciliation Act.
(ii) Agency actions relevant to the Regulatory Flexibility Act. 5 U.S.C. 66 603-605.
607 and 609 Because it had determined that the final rule would have a significant impact on a substantial number of small entities, the Commission prepared an Initial Regulatory '
Flexibility Analysis in connection with the proposed rule. It was printed in its
( entirety in the preamble at 62 Fed. Reg. 8903.
The entire Final Regulatory Flexibility Analysis (FRFA) is contained in Appendix A of the final rule. The analysis describes the reason for the final rule and the legal )
basis for it; descriptions and estimates of the number of small entities affected by l the rule; a discussion of the recordkeeping, reporting, and other compliance I requirements; and the steps taken to minimize the' burden on small entitles.
The Commission states ths.t the majority of the small entities are material licensees, approximately 1,400 licensees, or 20 to 25 percent of the total material licensees. 1 To minimize the impact of the final rule on small entities, the Commission is continuing its practice of imposing a maximum annual fee to which small entities :
are subject.
In addition, in accordance with the Regulatory Flexibility Act. the Commission has i prepared a small-entity compliance guide which is published in its entirety as an l attachment to the FRFA. I l
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( . (lin Agency actions relevant to sections 202 205 of the Unfunded Mandates Reform Act of 1995. 2 U.S.C. 661.532-153.5 l
The rule, promulgated by an independent regulatory agency, is not subject to title II .,
of the Unfunded Mandates Reform Act of 1990. t l
(iv) Other relevant information or reauirements under acts and executive orders Administrative Procedure Act,5 U.S.C. il 551 et seg.
The final rule was promulgated using the notice and comment procedures of
' ' 5 U.S.C. ! 553. A notice of proposed rulemaldng was published in the Federal Register on February 27,1997 (62 Fed. Reg. 8885). Nine comments were received in response to' the proposed rulemaking and the Commission responds to the comments in the preamble to the final rule.
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Paperwork Reduction Act,44 U.S.C. ll 3501-3520 l The Commission states that the final rule contains no information collections subject to review under the Paperwork Reduction Act.
Statutory authorization for the rule l
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The final rule was promulgated under the authority of section 6101 of the Omnibus Budget and Reconciliation Act of 1990, as amended,'42 U.S.C. ! 2214.
Executive Order No.12866 The rule, promulgated by an independent regulatory agency, is not subject to the review requirements of Executive Order No.12866. ,
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( . Corrections Vol. 62, No.115 Monday, June 16,1997 This section of the FEDERAL REGISTER DEPARTMENT OF JUSTICE the FY 1996 Annual Fees", under the contains editonal conections of previously heading "F'!96", the sixth entry "$6.01" published Presidential, Rule, Proposed Rule. Drug Enforcement Administration should read "$6.0",
(2) On page 29216, in " Schedule of epa by ON 'of Fede (Docket No. 96-21)
Materials Annual Fees and Fees for Register. Agency prepared correebons are issued as signed documents and appear in Ellis Turk, M.D.; Denial of Application Government Agencies Licensed by the appropriate document catege NRC", under the heading " Annual Correction fees", the ninth entry "*283,000" should e,tsewhere in the issue, in notice document 97-10371, read "283,000",
beginning on page 19603,in the issue of sumo caos tees.ot.n
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- DEPARTMENT OF ENERGY- fo"io o ti On page 19605, in the second column, SECURITIES AND EXCHANGE Energyinformation Administration in the 15th line from the bottom, COMMISSION <
Agency information Collection, ',' controverted" should read
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- No. 34-38818; File No. SR-PCX-Activities: Proposed Collection; Comment Request
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- f. elf Regulatory Organizations; Notice Correction NUCLEAR REGULATORY of Filing of Proposed Rule Change by la notice document 97-14712, COMMISSION the Pacific Exchange, Inc., Relating to beginning on page 30846,in the issue of 10 CFR Parts 170 and 171 the Elimination of Position and Thursday, June 5,1997, make the Exercise Limits for FLEX Equity following correction: RIN 3150 AF 56 Options On page 30846,in the second column, Revision of Fee Schedulos; 100% Fee Correction under the DATES section,in the second Recovery, FY 1997
' [ line," July 7,1997" should read in notice document 97-13097, Cormction beginnIng en page 27642,in the issue of
" August 4,1997",
- Tuesday, May 20,1997, make the In rule document 97-13777, beginning on page 29194, in the issue of following correction:
Thursday, May 29,1997 make the On page 27642,in the second column, following corrections: the first document, the Release No, (1) On page 29201, in " Table I- should be as set forth above.
Calculation of the Percentage Change to situmo ecos teoeet.o l
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