[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1118-1120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32958]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 950

[Docket No. 150202106-5999-03]
RIN 0648-BE86


Schedule of Fees for Access to NOAA Environmental Data, 
Information, and Related Products and Services; Correction

AGENCY: National Environmental Satellite, Data and Information Service 
(NESDIS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce.

ACTION: Final rule; correcting amendment.

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SUMMARY: This action corrects the NESDIS FY 2016 schedule of fees for 
the sale of its data, information, and related products and services to 
users. NESDIS is authorized under the United States Code to assess 
fees, up to fair market value, for access to environmental data, 
information, and products derived from, collected, and/or archived by 
NOAA. This action corrects one user fee, titled the Department of 
Commerce Certification. In the October 22, 2015, final rule, the fee 
was incorrectly listed as $16.00. The correct user fee should be 
$116.00.

DATES: Effective January 11, 2016.

FOR FURTHER INFORMATION CONTACT: James Lewis (301) 713-7073.

SUPPLEMENTARY INFORMATION: 

Background

    NESDIS operates NOAA's National Center for Environmental 
Information (NCEI). Through NCEI, NESDIS provides and ensures timely 
access to global environmental data from satellites and other sources, 
provides information services, and develops science products. NESDIS 
maintains some 1,300 databases containing over 2,400 environmental 
variables at NCEI 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 rapidly, both in size and sophistication, and as a result 
the associated costs have increased.
    Users have the ability to access the data offline, online and 
through the NESDIS e-Commerce System (NeS) online store. Our ability to 
provide data, information, products and services depends on user fees.

New Fee Schedule

    In an October 22, 2015, final rule (80 FR 63914), NESDIS 
established a new schedule of fees for the sale of its data, 
information, and related products and services to users (``October 2015 
Fee Schedule Rule''). NESDIS revised the fee schedule that has been in 
effect since 2013 to ensure that the fees accurately reflect the costs 
of providing access to the environmental data, information, and related 
products and services. The new fee schedule lists both the current fee 
charged for each item and the new fee to be charged to users that took 
effect beginning November 23, 2015. The schedule applies to the 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.
    NESDIS will continue to review the user fees periodically, and will 
revise such fees as necessary. Any future changes in the user fees and 
their effective date will be announced through notice in the Federal 
Register.

Need for Correction

    The October 2015 Fee Schedule Rule contains one fee--which appears 
in a table in Appendix A to Part 950--that was reported incorrectly. 
The Department of Commerce Certification Fee was listed as $16.00. The 
last rule had the rate incorrectly listed. The correct fee for this 
service is $116.00. We now are setting out the entire table with the 
corrected fee to provide clarity for the public.

Classification

    The correction this action makes is minor and merely updates a 
typographical error within the original final rule. This rule has been 
determined to be not significant for purposes of E.O. 12866.
    The provisions of the Administrative Procedure Act (5 U.S.C. 553) 
requiring notice of proposed rulemaking and the opportunity for public 
comment are inapplicable because this rule falls within the public 
property exception of subparagraph (a)(2) of section 553, as it relates 
only to the assessment of fees, as authorized by 15 U.S.C. 1534, that 
accurately reflect the costs of providing access to publicly available 
environmental data, information, and related products. Further, no 
other law requires that a notice of proposed rulemaking and an 
opportunity for

[[Page 1119]]

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. Accordingly, no Regulatory Flexibility Analysis is 
required and none has been prepared.

List of Subjects in 15 CFR Part 950

    Organization and functions (Government agencies).

    Dated: December 17, 2015.
Cherish Johnson,
Chief, Financial Officer (CFO/CAO).

    For the reasons set forth above, 15 CFR part 950 is corrected by 
making the following correcting amendment:

PART 950--ENVIRONMENTAL DATA AND INFORMATION

0
1. The authority citation for part 950 continues to read as follows:

    Authority: (5 U.S.C. 552, 553). Reorganization Plan No. 4 of 
1970.


0
2. Appendix A to part 950 is revised to read as follows:

Appendix A to Part 950--Schedule of User Fees for Access to NOAA 
Environmental Data

------------------------------------------------------------------------
    Name of product/Data/Publication/
           Information/Service              Current fee       New fee
------------------------------------------------------------------------
NOAA National Center for Environmental
 Information:
    Department of Commerce Certification          $86.00         $116.00
    General Certification...............           72.00           92.00
    Paper Copy..........................            2.00            3.00
    Data Poster.........................           18.00           18.00
    Shipping Service....................            4.00            8.00
    Rush Order Fee......................           60.00           60.00
    Super Rush Order Fee................          100.00          100.00
    Foreign Handling Fee................           67.00           43.00
    NEXRAD Doppler Radar Color Prints...           14.00           21.00
    Paper Copy from Electronic Media....            6.00            8.00
    Offline In-Situ Digital Data........          124.00          175.00
    Microfilm Copy (roll to paper) per             14.00           20.00
     frame from existing film...........
    Satellite Image Product.............           73.00           92.00
    Offline Satellite, Radar, and Model           615.00          753.00
     Digital Data (average unit size is
     1 terabyte)........................
    Conventional CD-ROM/DVD.............           60.00          110.00
    Specialized CD-ROM/DVD..............          131.00          208.00
    CD-ROM/DVD Copy, Offline............           30.00           43.00
    CD-ROM/DVD Copy, Online Store.......           15.00           16.00
    Facsimile Service...................           78.00           89.00
    Order Handling......................            8.00           11.00
    Non-Digital Order Consultation......            6.00           10.00
    Digital Order Consultation..........           18.00           28.00
    Non-Serial Publications.............           27.00           32.00
    Non-Standard Data; Select/Copy to              59.00           77.00
     CD, DVD or Electronic Transfer,
     Specialized, Offline...............
    Digital and Non-Digital Off-the-                9.00           13.00
     Shelf Products, Online.............
    Digital and Non-Digital Off-the-               11.00           17.00
     Shelf Products, Offline............
    Order Consultation Fee..............            2.00            4.00
    Handling and Packing Fee............            8.00           12.00
    World Ocean Database-World Ocean               15.00             (*)
     Atlas 2009 DVDs....................
    Mini Poster.........................            1.00            2.00
    Icosahedron Globe...................            1.00            1.00
    Convert Data to Standard Image......            6.00            8.00
    Single Orbit OLS & Subset...........           18.00           19.00
    Single Orbit OLS & Subset,                      5.00            6.00
     Additional Orbits..................
    Geolocated Data.....................           47.00           50.00
    Subset of Pre-existing Geolocated              28.00           32.00
     Data...............................
    Global Nighttime Lights Annual             74,032.00       74,924.00
     Composite from One Satellite.......
    Most Recent DMSP-OLS Thermal Band/            259.00             (*)
     Cloud Cover Mosaics from Multiple
     Satellites.........................
    Daily or Nightly Global Mosaics               241.00          332.00
     (visible & thermal band, single
     spectral band or environmental
     data)..............................
    Global Nighttime Lights Lunar Cycle.        6,531.00        8,259.00
    Radiance Calibrated Global DMSP-OLS        82,075.00             (*)
     Nighttime Lights Annual Composite
     from One Satellite.................
    Research Data Series CD-ROM/DVD.....           25.00           25.00
    Custom Analog Plotter Prints........           60.00             (*)
    NOS Bathymetric Maps and                        7.00            8.00
     Miscellaneous Archived Publication
     Inventory..........................
    Global Annual Composite of Nighttime        8,305.00       10,794.00
     Lights in Monthly Increments From
     One Satellite......................
    High Definition Geomagnetic Model...       20,060.00       20,262.00
    Provision of Global Nighttime VIIRS   ..............       55,727.00
     day/night band data in geotiff
     format.............................
    Provision of Global Nighttime VIIRS   ..............       27,888.00
     day/night band data in HDF5 Format.
    Provision of regional data from the   ..............      14,306.00
     VIIRS instrument on a daily basis..
------------------------------------------------------------------------
* Reflects a product no longer offered.


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[FR Doc. 2015-32958 Filed 1-8-16; 8:45 a.m.]
 BILLING CODE 3510-22-P