[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
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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.
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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.
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(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]
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