[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

------------------------------------------------------------------------
    Name of product/data/publication/                       Commercial  
           information/service              Current fee      user fee   
------------------------------------------------------------------------
                                                                        
              NOAA National Data Centers Standard User Fees             
------------------------------------------------------------------------
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\)
------------------------------------------------------------------------
           Additional National Climatic Data Center User Fees           
------------------------------------------------------------------------
    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
------------------------------------------------------------------------

[[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
------------------------------------------------------------------------
* Under Development.                                                    
\1\ No charge.                                                          

[FR Doc. 97-11789 Filed 5-6-97; 8:45 am]
BILLING CODE 3510-12-M