[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Rules and Regulations]
[Pages 54570-54572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15420]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 9

RIN 3150-AH66


Charges for Reproducing Records

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is revising its 
charges for copying publicly available documents by the copy service at 
the NRC's Public Document Room (PDR). The revised charges for copying 
publicly available documents are listed in Sec.  9.35 Duplication fees. 
This document is necessary to inform the public of these changes to the 
NRC's regulations.

DATES: Effective Date: October 18, 2006.

FOR FURTHER INFORMATION CONTACT: Anna McGowan, Chief, Technical 
Information Center Section, Office of Information Services, Nuclear 
Regulatory Commission, Washington, DC 20555-0001, 301-415-7204, or 1-
800-397-4209 (toll-free).

SUPPLEMENTARY INFORMATION: The NRC is revising its charges for copying 
publicly available documents by the copy service at the NRC's PDR. The 
PDR retains a copy service to reproduce for a fee publicly available 
documents, regardless of format. Since the NRC's Agencywide Documents 
Access and Management System (ADAMS) was

[[Page 54571]]

implemented in November 2000, making recently released documents 
available in full text online, there has been a significant reduction 
in the volume of documents being reproduced. The total volume of pages 
copied has decreased from over 1,600,000 in FY2000 to 529,600 in FY2003 
and 321,000 pages in FY2004. Because the copy service contract is at no 
cost to the government, the contractor must provide all supplies and 
equipment. Due to this reduction in the total volume of pages copied, 
the copying fees charged by the NRC's contractor have changed. The NRC 
believes that the revised prices, which were the result of a 
competitive solicitation process, are reasonable and in line with the 
prices charged by other Federal agencies.
    The contractor is able to accept orders from the PDR reference 
staff via telephone (301-415-4737), fax (301-415-3548), standard mail, 
or e-mail ([email protected]), and from requesters in the PDR Reading Room 
located at NRC Headquarters, One White Flint North, 11555 Rockville 
Pike, Room O-1F23, Rockville, Maryland.
    The ADAMS retrieval system provides text and image files of NRC's 
public documents. The documents may be accessed through the NRC's 
Public Electronic Reading Room on the Internet http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there 
are problems in accessing the documents located in ADAMS, contact the 
NRC's PDR reference staff at 1-800-397-4209, 301-415-4737, or by e-mail 
to [email protected].
    The Freedom of Information Act (FOIA) requires each federal agency 
covered by the Act to promulgate regulations, pursuant to notice and 
receipt of public comment, specifying the schedule of fees applicable 
to processing requests for agency records. 5 U.S.C. 552(a)(4)(A)(i). 
The Commission published a proposed rule containing a schedule of fees 
for public comment on August 6, 1987 (52 FR 29196). The Commission 
received six comments on the proposed rule (52 FR 49351; December 31, 
1987). All six comments were addressed in the final rule establishing 
the fee schedule (52 FR 49351-54; December 31, 1987).
    The revisions to the copying charges contained in this amendment 
are not intended to affect any rights under the FOIA. As explained 
above, the revisions are necessary to update the Commission's 
procedures to reflect current copying charges, which have changed due 
to the reduction in the volume of documents being reproduced. The NRC 
believes that the revised fees, which were the result of a competitive 
solicitation process, represent reasonable standard charges for 
document duplication.
    Because this amendment deals solely with agency practice and 
procedure, the NRC has determined that the notice and comment 
provisions under the Administrative Procedure Act do not apply under 5 
U.S.C. 553(b)(A).

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(1) and (2). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0043.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    A regulatory analysis has not been prepared for this final rule 
because the final rule makes only minor conforming changes to the 
regulations that reference Section 202 of the Energy Reorganization Act 
and minor changes to other regulations.

Backfit Analysis

    The NRC has determined that these amendments do not involve any 
provisions which would impose backfits as defined in 10 CFR 
50.109(a)(1); therefore a backfit analysis is not necessary.

Congressional Review Act

    In accordance with the Congressional Review Act, the NRC has 
determined that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs of 
OMB.

List of Subjects in 10 CFR Part 9

    Criminal penalties, Freedom of information, Privacy, Reporting and 
record keeping requirements, the Sunshine Act.


0
For the reasons set out in the preamble and under the authority of the 
Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 
1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the 
following amendments to 10 CFR part 9.

PART 9--PUBLIC RECORDS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); 
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).
    Subpart A also issued 5 U.S.C. 552; 31 U.S.C. 9701; Pub. L. 99-
570.
    Subpart B is also issued under 5 U.S.C. 552a.
    Subpart C is also issued under 5 U.S.C. 552b.

0
2. Section 9.35 is amended by removing paragraph (a)(2), redesignating 
paragraphs (a)(3), (a)(4), and (a)(5), as (a)(2), (a)(3), and (a)(4), 
respectively, and revising paragraph (a)(1) to read as follows:


Sec.  9.35  Duplication fees.

    (a)(1) The charges by the duplicating service contractor for the 
duplication of records made available under Sec.  9.21 at the NRC 
Public Document Room (PDR), One White Flint North, 11555 Rockville 
Pike, Room O-1F23, Rockville, Maryland, may be found on the NRC's Web 
site at http://www.nrc.gov/reading-rm/pdr/copy-service.html or by 
calling the PDR at 1-800-397-4209 or 301-415-4737, by e-mail 
[email protected] and are as follows:
    (i) Paper-to-paper reproduction is $0.30 per page for standard size 
(up to and including 11 x 14 reduced). Pages 
11 x 17 are $0.30 per page. Pages larger than 
11 x 17, including engineering drawings, are 
$1.50 per square foot.
    (ii) Pages larger than 11 x 17 are $1.50 per 
square foot.
    (iii) Microfiche-to-paper reproduction is $0.30 per page. Aperture 
card blowback to paper is $3.00 per square foot.
    (iv) Microfiche card duplication is $5.00 per card; CD-ROM 
duplication is $10.00 each.
    (v) The charges for Electronic Full Text (EFT) (ADAMS documents) 
copying are as follows:
    (A) Electronic Full Text (EFT) copying of ADAMS documents to paper 
(applies to images, OCR TIFF, and PDF text) is $0.30 per page.
    (B) EFT copying of ADAMS documents to CD-ROM is $5.00 per CD plus 
$0.15 per page.
    (C) CD-ROM-to-paper reproduction is $0.30 per page.

[[Page 54572]]

    (vi) Priority rates (rush processing) are as follows:
    (A) The priority rate offered for standard size paper-to-paper 
reproduction is $0.35, microfiche-to-paper reproduction is $0.40, EFT 
copying of ADAMS documents to paper and CD-ROM-to-paper production is 
$0.35 per page.
    (B) The priority rate for aperture cards is $3.50 per square foot. 
The priority rate for copying EFT to CD-ROM is $6.00 per CD-ROM plus 
$0.20 per page.
    (vii) Facsimile charges are $1.00 per page for local calls; $2.00 
per page for U.S. long distance calls, and $6.00 per page for foreign 
long distance calls, plus the regular per page copying charge.
* * * * *

    Dated at Rockville, Maryland, this 4th day of September 2006.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
 [FR Doc. E6-15420 Filed 9-15-06; 8:45 am]
BILLING CODE 7590-01-P