[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 24812-24814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11789]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 950
[Docket No. 970306046-7046-01]
RIN 0648-ZA25
Schedule of Fees for Access to NOAA Environmental Data and
Information and Products Derived Therefrom
AGENCY: National Environmental Satellite Data and Information Service
(NESDIS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Final rule.
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SUMMARY: In order to adequately respond to public requirements for
access to environmental data, information, and products, archived at
NESDIS' national data centers and for related services, NESDIS must
upgrade its data handling capabilities at these centers. In accordance
with Government policy on cost recovery, as reflected in OMB Circular
A-130, NESDIS will recover the cost of disseminating its data and
information, including the cost of this upgrade, from the user
community. Accordingly, NESDIS is establishing a new schedule of fees
for the sale of its data, information, products, and related services
to commercial users which reflects the additional costs involved.
Because NESDIS is responsible for promoting research and education and
because these additional fees would hinder these activities by other
Governmental entities, universities, nonprofit organizations, and
depository libraries, NESDIS has made an exception for these
organizations. It will continue to charge its existing fees to these
organizations for their noncommercial use.
EFFECTIVE DATE: June 6, 1997.
FOR FURTHER INFORMATION CONTACT:
Robert Money (704) 271-4680.
SUPPLEMENTARY INFORMATION: NESDIS maintains some 1300 data bases
containing over 2400 environmental variables at three National Data
Centers and seven World Data Centers. These centers respond to over
2,000,000 requests for these data and products annually from over 70
countries. This collection of environmental data and products is
growing exponentially, both in size and sophistication. In order to
provide the public with up-to-date and timely access to these data and
products at reasonable cost and to continue to provide related
services, NESDIS must make a substantial investment to modernize the
data dissemination capability of each center.
The modernization effort will upgrade computer hardware and
software systems such that requests for environmental data and
information can be serviced more efficiently. It will ultimately allow
users to readily locate, browse, access and order data and information
on-line at a significantly reduced cost. Users will be provided a
single point of access for all NESDIS environmental data and
information.
As anticipated by Congress, the cost of these improvements, to
NESDIS' information dissemination capability estimated at approximately
$20 million, will be recovered from the users who access these data.
This cost will be spread over the lifetime of the equipment,
conservatively estimated at 8 years, resulting in cost recovery in each
year of about $2.4 million. Allocating the additional costs in this
manner results in a modest increase in the current fees as set forth in
the attached fee schedule.
New Fee Schedule
The new fee schedule lists both the current fee charged for each
item and the new fee to be charged to commercial users that will take
effect beginning June 6, 1997. The schedule applies to listed services
provided by NESDIS on or after this date, except for products and
services covered by a subscription agreement in effect as of this date
that extends beyond this date. In those cases, the increased fees will
apply upon renewal of the subscription agreement or at the earliest
amendment date provided by the agreement.
This Schedule also sets forth the fees that NESDIS will charge for
on-line access via the Internet, see ``On-Line Products and Services.''
It is anticipated that this on-line capability will begin to become
operational within a year and, once available, will provide the means
to satisfy many user requirements at substantially reduced cost. The
overall fee schedule anticipates that providing this new access route
at lower cost will substantially increase the number of users to help
defray the costs.
Exceptions and Limitations
Appendix IV to OMB Circular A-130 requires agencies to balance the
basic principle of cost recovery against other Governmental policies,
``specifically, the proper performance of agency functions and the need
to ensure that information dissemination products reach the public for
whom they are intended.'' Where user full-cost recovery would
constitute a ``significant barrier to carrying out this responsibility,
the agency may have grounds for reducing or eliminating its user
charges * * * or for exempting some recipients from the charge.''
Stimulating research and education is critical, both to support
NOAA's operational mission and as a key element of its research
mission, see e.g., 49 U.S.C. Sec. 44720. NESDIS believes that were the
proposed increase in fees applied to universities and other non-profit
organizations that use its environmental data and information for
research and educational purposes, it could negatively impact these
activities and could, therefore, impair NESDIS' mission responsibility.
Therefore, NESDIS has determined that it is appropriate to exempt
universities and nonprofit research organizations and depository
libraries from these additional fees. Any data provided to these
recipients will include a provision which restricts their use to
noncommercial activities.
A. Classification Under Executive Order 12866
This rule has been determined to be significant for purposes of
E.O. 12866, and was reviewed by OMB.
B. Regulatory Flexibilty Act Analysis
The provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking and the opportunity for public
participation are inapplicable because this rule falls within the
proprietary exception of subparagraph (a)(2) of section 553. Further,
no other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this rule. Because a notice
of proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under 5 U.S.C. 553 or by any other
law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). are not applicable.
C. Paperwork Reduction Act of 1980
These regulations will impose no information collection
requirements subject to the Paperwork Reduction Act of 1980.
[[Page 24813]]
D. E.O. 12612
This rule does not contain policies with sufficient Federalism
implications to warrant preparation of a Federalism assessment under
Executive Order 12612.
E. National Environmental Policy Act
NOAA has concluded that issuance of this rule does not constitute a
major Federal action significantly affecting the quality of the human
environment. Therefore, an environmental impact statement is not
required.
List of Subjects in 15 CFR Part 950
Administrative practice and procedure, Reporting and recordkeeping
requirements, User fees.
Authority: 5 U.S.C. 552, 553, Reorganization Plan No. 4 of 1970.
Dated: May 1, 1997.
Gregory W. Withee,
Deputy Assistant Administrator for Satellite and Information Services.
For the reasons set out in the preamble, 15 CFR Part 950 is amended
as follows:
Appendix A to Part 950 [Amended]
Appendix A is added at the end of 15 CFR Part 950 to read as
follows:
Appendix A--Schedule of User Fees for Access to NOAA Environmental Data
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Name of product/data/publication/ Commercial
information/service Current fee user fee
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NOAA National Data Centers Standard User Fees
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Off-Line Products and Services:
Magnetic Tape Copy.................. $155.00 $210.00
Diskette Copy....................... 40.00 50.00
CD-ROM:
Conventional.................... 75.00 100.00
Specialized..................... 130.00 175.00
Recordable Copy................. 170.00 225.00
Microfilm Reel copy:
100 Feet........................ 30.00 40.00
1,000 Feet...................... 140.00 190.00
Paper Copies........................ 0.30 0.40
Microprints......................... 0.30 0.40
Posters............................. 18.00 18.00
Slide Sets.......................... 25.00 25.00
Publications:
Non-Serial Pubs less than 20
Pages.......................... 8.00 12.00
Non-Serial Pubs 20 or more Pages 15.00 20.00
DOC Certifications of Records....... 45.00 60.00
General Certifications.............. 35.00 45.00
Priority Surcharge.................. 45.00 60.00
Overnight Rush Surcharge............ 75.00 100.00
Domestic Fax Charge (Same Day
Turnaround)........................ 65.00 85.00
Foreign Fax Charge (Same Day
Turnaround)........................ 85.00 115.00
On-Line Products and Services*
Publications:
Limited Access.................. 2.00 2.00
Unlimited Access................ 20.00 20.00
Observation Forms:
Limited Access.................. 5.00 5.00
Unlimited Access................ 50.00 50.00
Satellite Datasets:
Limited Access.................. 30.00 30.00
Unlimited Access................ 200.00 200.00
In-situ Datasets:
Limited Access.................. 20.00 20.00
Unlimited Access................ 200.00 200.00
CD-ROM Access (unlimited)........... 20.00 20.00
Guide/Inventory/Browse Access....... (\1\) (\1\)
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Additional National Climatic Data Center User Fees
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Local Climatological Data
Publication........................ 4.00 5.00
Climatological Data Publication..... 5.00 7.00
Storm Data Publication.............. 5.00 7.00
Monthly Climatic Data of the World
Publication........................ 5.00 7.00
Hourly Precipitation Data
Publication........................ 5.00 7.00
Local Climatological Data
Subscription....................... 24.00 32.00
Climatological Data Subscription.... 32.00 45.00
Storm Data Subscription............. 53.00 70.00
Monthly Climatic Data of the World
Subscriptions...................... 43.00 55.00
Hourly Precipitation Data
Subscription....................... 47.00 65.00
Selected Data Elements (6250/Cart./
8mm/4mm/FTP)....................... 230.00 300.00
Diskette (Data Selection)........... 195.00 260.00
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[[Page 24814]]
Additional National Oceanographic Data Center User Fees
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Data Selection/Retrieval:
Printout........................ 103.00 140.00
Magnetic Tape................... 199.00 265.00
Magnetic Diskette............... 64.00 85.00
CD-ROM, Recordable.............. 205.00 270.00
Computer Data Transfer (FTP).... 145.00 190.00
CD-ROM Sets:
World Ocean Atlas 1994:
Individual Discs............ 36.00 50.00
Complete Set (10 Discs)..... 360.00 480.00
NOAA Buoy Database:
Initial Set (thru July 1992):
Individual Discs............ 42.00 55.00
Complete Set (14 Discs)..... 588.00 780.00
Update Discs (8/92-12/94)
Individual Discs............ 42.00 55.00
Complete Set (7 Discs)...... 294.00 390.00
Update Disc 1995 (Full Year,
Compressed)........................ 75.00 100.00
Geosat Altimeter Crossover
Difference (T2 GDRs):
Individual Discs................ 28.00 40.00
Complete Set (6 Discs).......... 168.00 225.00
Geosat Altimeter Crossover
Difference:
Individual Discs................ 22.00 30.00
Complete Set (8 Discs).......... 176.00 235.00
Geosat Geodetic Mission Data:
Individual Discs................ 38.00 50.00
Complete Set (4 Discs).......... 152.00 200.00
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* Under Development.
\1\ No charge.
[FR Doc. 97-11789 Filed 5-6-97; 8:45 am]
BILLING CODE 3510-12-M
