81 FR 1118 - Schedule of Fees for Access to NOAA Environmental Data, Information, and Related Products and Services; Correction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 6 (January 11, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 6 (January 11, 2016)
| Page Range | 1118-1120 | |
| FR Document | 2015-32958 |
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)] [Rules and Regulations] [Pages 1118-1120] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32958] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. [[Page 1120]] [FR Doc. 2015-32958 Filed 1-8-16; 8:45 a.m.] BILLING CODE 3510-22-P
![1118 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
(SONGS). Questions included whether DEPARTMENT OF COMMERCE New Fee Schedule
this change addresses the impacts of In an October 22, 2015, final rule (80
using the HI–STORM FW system MPC– National Oceanic and Atmospheric
FR 63914), NESDIS established a new
37 in the HI–STORM UMAX system, Administration
schedule of fees for the sale of its data,
and whether it involves ‘‘the proposed information, and related products and
San Onofre configuration of only 15 CFR Part 950
services to users (‘‘October 2015 Fee
installing 1⁄2 underground.’’ The Schedule Rule’’). NESDIS revised the
[Docket No. 150202106–5999–03]
commenter questioned what CoC is fee schedule that has been in effect
approved for use in the HI–STORM RIN 0648–BE86 since 2013 to ensure that the fees
UMAX system. Another question asked accurately reflect the costs of providing
was whether this change allows ‘‘MPC– Schedule of Fees for Access to NOAA access to the environmental data,
37 canister thickness increases (such as Environmental Data, Information, and information, and related products and
a change from 0.5’’ to 0.625’’ proposed Related Products and Services; services. The new fee schedule lists
for San Onofre) without requiring a Correction both the current fee charged for each
license amendment.’’ item and the new fee to be charged to
AGENCY: National Environmental
NRC Response Satellite, Data and Information Service users that took effect beginning
(NESDIS), National Oceanic and November 23, 2015. The schedule
There is no relationship between this Atmospheric Administration (NOAA), applies to the listed services provided
revision and the HI–STORM UMAX Department of Commerce. by NESDIS on or after this date, except
system. Each system is separately for products and services covered by a
ACTION: Final rule; correcting
reviewed and certified in accordance subscription agreement in effect as of
amendment. this date that extends beyond this date.
with 10 CFR part 72. General licensees
may use the certified systems identified SUMMARY: This action corrects the In those cases, the increased fees will
in 10 CFR 72.214 subject to meeting NESDIS FY 2016 schedule of fees for the apply upon renewal of the subscription
certain requirements in 10 CFR part 72. sale of its data, information, and related agreement or at the earliest amendment
Therefore, the changes in this revision products and services to users. NESDIS date provided by the agreement.
are applicable only to the HI–STORM is authorized under the United States NESDIS will continue to review the
FW MPC system, CoC No. 1032, and are Code to assess fees, up to fair market user fees periodically, and will revise
not applicable to the HI–STORM UMAX value, for access to environmental data, such fees as necessary. Any future
system that is intended to be used at information, and products derived from, changes in the user fees and their
SONGS. Nothing in this revision collected, and/or archived by NOAA. effective date will be announced
impacts anything associated with the This action corrects one user fee, titled through notice in the Federal Register.
HI–STORM UMAX system; therefore, the Department of Commerce Need for Correction
this revision does not impact the Certification. In the October 22, 2015,
thickness of the canisters in the HI– final rule, the fee was incorrectly listed The October 2015 Fee Schedule Rule
STORM UMAX system, or the as $16.00. The correct user fee should be contains one fee—which appears in a
placement of the UMAX system. $116.00. table in Appendix A to Part 950—that
Additionally, although this rule is a was reported incorrectly. The
DATES: Effective January 11, 2016.
revision to the HI–STORM FW MPC Department of Commerce Certification
FOR FURTHER INFORMATION CONTACT: Fee was listed as $16.00. The last rule
system, nothing in this revision impacts James Lewis (301) 713–7073.
the thickness of the canisters in the HI– had the rate incorrectly listed. The
STORM FW MPC system. SUPPLEMENTARY INFORMATION: correct fee for this service is $116.00.
We now are setting out the entire table
For these reasons, the NRC staff has Background
with the corrected fee to provide clarity
concluded that the comments received NESDIS operates NOAA’s National for the public.
on the companion proposed rule for the Center for Environmental Information
Holtec HI–STORM FW MPC Storage (NCEI). Through NCEI, NESDIS Classification
System listing within the ‘‘List of provides and ensures timely access to The correction this action makes is
approved spent fuel storage casks’’ to global environmental data from minor and merely updates a
add Amendment No. 0, Revision 1, to satellites and other sources, provides typographical error within the original
CoC No. 1032, are not significant information services, and develops final rule. This rule has been
adverse comments as defined in science products. NESDIS maintains determined to be not significant for
NUREG/BR–0053, Revision 6, ‘‘United some 1,300 databases containing over purposes of E.O. 12866.
States Nuclear Regulatory Commission 2,400 environmental variables at NCEI The provisions of the Administrative
Regulations Handbook’’ (ADAMS and seven World Data Centers. These Procedure Act (5 U.S.C. 553) requiring
Accession No. ML052720461). centers respond to over 2,000,000 notice of proposed rulemaking and the
Therefore, this rule will become requests for these data and products opportunity for public comment are
effective as scheduled. annually from over 70 countries. This inapplicable because this rule falls
Dated at Rockville, Maryland, this 31st day collection of environmental data and within the public property exception of
of December 2015. products is growing rapidly, both in size subparagraph (a)(2) of section 553, as it
and sophistication, and as a result the relates only to the assessment of fees, as
For the Nuclear Regulatory Commission.
ebenthall on DSK6SPTVN1PROD with RULES
associated costs have increased. authorized by 15 U.S.C. 1534, that
Cindy Bladey, Users have the ability to access the accurately reflect the costs of providing
Chief, Rules, Announcements, and Directives data offline, online and through the access to publicly available
Branch, Division of Administrative Services, NESDIS e-Commerce System (NeS) environmental data, information, and
Office of Administration. online store. Our ability to provide data, related products. Further, no other law
[FR Doc. 2016–00163 Filed 1–8–16; 8:45 am] information, products and services requires that a notice of proposed
BILLING CODE 7590–01–P depends on user fees. rulemaking and an opportunity for
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![1120 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations
[FR Doc. 2015–32958 Filed 1–8–16; 8:45 a.m.] them to provide loans to families program. Therefore, the regulations
BILLING CODE 3510–22–P purchasing homes constructed or being removed by this final rule are no
substantially rehabilitated in accordance longer operative. For these reasons,
with a HUD-approved program. Loans HUD has determined that it is
DEPARTMENT OF HOUSING AND provided under NHOP were required to unnecessary to delay the effectiveness of
URBAN DEVELOPMENT be secured by a second mortgage on the this rule in order to solicit prior public
property involved that was held by HUD comment.
24 CFR Parts 200, 280, and 570 but that did not bear interest. On July
III. Findings and Certification
13, 1989 (54 FR 22248), HUD published
[Docket No. FR–5878–F–01] regulations implementing NHOP and Regulatory Flexibility Act
RIN 2502–AJ31 codified these regulations in part 280 of The Regulatory Flexibility Act (RFA)
title 24 of the Code of Federal (5 U.S.C. 601 et seq.) generally requires
Federal Housing Administration (FHA): Regulations (CFR). an agency to conduct a regulatory
Removal of 24 CFR 280—Nehemiah Section 289(a) of the National flexibility analysis of any rule subject to
Housing Opportunity Grants Program Affordable Housing Act (Pub. L. 101– notice and comment rulemaking
625, approved November 28, 1990) (42 requirements, unless the agency certifies
AGENCY: Office of the Deputy Secretary, U.S.C. 12839), however, repealed
HUD. that the rule will not have a significant
authority for NHOP. On August 19, 1996 economic impact on a substantial
ACTION: Final rule. (61 FR 42952), HUD published a final number of small entities. Because HUD
rule removing obsolete sections of 24 has determined that good cause exists to
SUMMARY: Through this rule, HUD CFR part 280, but maintained those
removes the regulations for its issue this rule without prior public
provisions deemed necessary to the comment, this rule is not subject to the
Nehemiah Housing Opportunity Grants administration of existing NHOP grants.
Program (NHOP). Under NHOP, HUD requirement to publish an initial or final
As of the date of this publication, regulatory flexibility analysis under the
was authorized to make grants to however, HUD maintains one NHOP
nonprofit organizations to be used to RFA as part of such action.
grant agreement and has 1,028 active
provide loans to families purchasing Nehemiah loans. Based on this, HUD Unfunded Mandates Reform
homes constructed or substantially has determined that there is no longer Section 202 of the Unfunded
renovated in accordance with a HUD- a need to maintain 24 CFR part 280. As Mandates Reform Act of 1995 (UMRA) 2
approved program. In 1990, authority a result, and consistent with Executive requires that an agency prepare a
for NHOP was repealed by the National Order 13563, dated January 18, 2011, budgetary impact statement before
Affordable Housing Act. HUD removed entitled ‘‘Improving Regulations and promulgating a rule that includes a
obsolete NHOP regulations in 1996 but Regulatory Review,’’ 1 HUD is removing Federal mandate that may result in the
maintained regulatory provisions 24 CFR part 280. The existing grant and expenditure by State, local, and tribal
deemed necessary for the administration loans made under NHOP will continue governments, in the aggregate, or by the
of existing NHOP grants. Currently, to be governed by the regulations that private sector of $100 million or more
HUD administers only one NHOP grant existed immediately before the effective in any 1year. If a budgetary impact
agreement. As a result, HUD has date of this final rule. statement is required, section 205 of
determined that the remaining NHOP This final rule also removes a cross- UMRA also requires an agency to
regulations are unnecessary. The reference to 24 CFR part 280 that is identify and consider a reasonable
existing grant and loans made under codified in HUD’s Community number of regulatory alternatives before
NHOP will continue to be governed by Development Block Grant regulations, promulgating a rule.3 However, the
the regulations that existed immediately 24 CFR part 570. UMRA applies only to rules for which
before the effective date of this final II. Justification for Final Rulemaking an agency publishes a general notice of
rule. proposed rulemaking pursuant to the
HUD generally publishes a rule for
DATES: Effective: February 10, 2016. Administrative Procedure Act (APA).4
public comment before issuing a final
FOR FURTHER INFORMATION CONTACT:
As discussed above, HUD has
rule for effect, in accordance with
Camille E. Acevedo, Associate General determined for good cause that the APA
HUD’s own regulations on rulemaking
Counsel for Legislation and Regulations, does not require general notice and
in 24 CFR part 10. However, part 10
Office of General Counsel, Department public comment on this rule and,
provides for exceptions to the general
of Housing and Urban Development, therefore, the UMRA does not apply to
rule if the agency finds good cause to
451 7th Street SW., Room 10276, this final rule.
omit advance notice and public
Washington, DC 20410; telephone 202– participation. The good cause Executive Order 13132, Federalism
708–1793 (this is not a toll-free requirement is satisfied when prior Executive Order 13132 (entitled
number). Persons with hearing or public procedure is impracticable, ‘‘Federalism’’) prohibits an agency from
speech impairments may access this unnecessary, or contrary to the public publishing any rule that has federalism
number through TTY by calling the interest. (See 24 CFR 10.1.) implications if the rule either imposes
Federal Relay Service at 800–877–8389 HUD finds that public notice and substantial direct compliance costs on
(this is a toll-free number). comment are not necessary for this State and local governments and is not
SUPPLEMENTARY INFORMATION: rulemaking because the authority to required by statute, or the rule preempts
provide assistance under NHOP has State law, unless the agency meets the
I. Background
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been repealed and assistance is no consultation and funding requirements
Established under title VI of the longer being provided under the of section 6 of the Executive order. This
Housing and Community Development final rule will not have federalism
1 Executive Order 13563 was published in the
Act of 1987 (Pub. L. 100–242, approved
Federal Register on January 21, 2011, at 76 FR 3821
February 5, 1988) (12 U.S.C. 17151), and directs that heads of Federal departments and
22 U.S.C. 1532.
NHOP authorized HUD to make grants agencies review existing regulations to remove 32 U.S.C. 1534.
to nonprofit organizations to enable those that are obsolete or no longer necessary. 4 2 U.S.C. 1532(a).
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Document Created: 2016-01-16 01:04:27
Document Modified: 2016-01-16 01:04:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correcting amendment. | |
| Dates | Effective January 11, 2016. | |
| Contact | James Lewis (301) 713-7073. | |
| FR Citation | 81 FR 1118 | |
| RIN Number | 0648-BE86 |
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