Department of Defense, Office of the Secretary: User Fees, GAO-08-882R, June 10, 2008
Pursuant to section
801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Defense (DOD), Office of the Secretary,
entitled “User Fees” (RIN: 0790-AH93).
We received the rule on
The final rule revises DOD’s guidelines for establishing appropriate fees for authorized services supplied by DOD organizations when such services provide special benefits to an identifiable recipient beyond those that accrue to the general public. These revisions are meant to better align the guidelines with the Office of Management and Budget’s Circular A-25, “User Charges.”
The final rule has an announced effective date of
Enclosed is our assessment of the DOD’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 indicates that, except for the delay in the effective date, DOD complied with the applicable requirements.
If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236.
Robert J. Cramer
Associate General Counsel
(i) Cost-benefit analysis
The Department of Defense (DOD) determined that this final rule will have an annual effect on the economy of over $100 million.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
DOD determined that this final rule will not have a significant economic impact on a substantial number of small entities.
(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532-1535
DOD determined that this rule does not contain a federal mandate that may result in expenditures of $100 million or more for state, local, and tribal governments, or the private sector.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
DOD promulgated this final rule using the notice and comment
procedures found in the Administrative Procedure Act. 5 U.S.C. sect. 553. On
Paperwork Reduction Act, 44 U.S.C. sections 3501-3520
This final rule does not impose any information collection burdens under the Act.
Statutory authorization for the rule
DOD promulgated this rule under the authority of section 9701 of title 31, United States Code.
Executive Order No. 12,866
DOD determined that this final rule will have an annual effect on the economy of over $100 million.
Executive Order No. 13,132 (Federalism)
DOD determined that this rule does not have any federalism implications under the Order.