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 Department of Commerce National Oceanic and Atmospheric Administration 15 CFR Part 950
[Docket No. 090113018-9019-01]
RIN 0648-AX74
 AGENCY: National Environmental Satellite, Data and Information Service (NESDIS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce.
 ACTION: Final rule.
 SUMMARY: In this final rule, NESDIS establishes a new schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is revising the fee schedule to ensure that the fees accurately reflect the costs of providing access to the environmental data, information, and related products and services. NESDIS is authorized under 15 U.S.C. 1534 to assess fees, up to fair market value, for access to environmental data, information, and products derived from, collected, and/or archived by NOAA. Other than depreciation, costs to upgrade computer hardware and software systems will not be included in the fees charged to users.
 DATES: *Effective Date:*
                         February 28, 2011.
 FOR FURTHER INFORMATION CONTACT: Angel Robinson (301) 713-9230 ext 186.


SUPPLEMENTARY INFORMATION:
                    ( print page 81111) Background NESDIS operates NOAA's National Data Centers for Climate, Geophysics, Oceans, and Coasts. Through these Data Centers, 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 data bases containing over 2,400 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. Users have the ability to access the data offline, online and through the NESDIS. *e-Commerce System (NeS) online store.*
                     Our ability to provide these data, information, products and services depends on user fees. New Fee Schedule The new fee schedule lists both the current fee charged for each item and the new fee to be charged to users that will take effect beginning February 1, 2011. 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**
                    . Classification 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 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. List of Subjects in 15 CFR Part 950 Organization and functions (Government agencies)
 Michael H. Abreu, Chief, Financial Officer (CFO/CAO).
 For the reasons set forth above, 15 CFR Part 950 is amended as follows: PART 950—ENVIRONMENTAL DATA AND INFORMATION
 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. 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 feeNOAA National Data Centers Standard User Fees:Department of Commerce Certification
$85.00
$91.00General Certification
68.00
74.00Paper Copy
2.00
2.00Online In-Situ Digital Data
6.00
6.00Data Poster
18.00
18.00Shipping Servicefor orders totaling less than $50.00
3.00
3.00for orders totaling $50.00 or more
3.00
3.00Rush Order Fee
60.00
60.00Super Rush Order Fee
100.00
100.00Foreign Handling Feefor orders totaling less than $100.00
22.00
39.00for orders totaling $100.00 or more
22.00
39.00Additional National Climatic Data Center (NCDC) User Fees:NEXRAD Doppler Radar Color Prints
18.00
17.00Paper Copy from Electronic Media
6.00
6.00Offline In-Situ Digital Data
164.00
156.00Microfilm Copy (roll to paper) per frame from existing film
13.00
14.00Satellite Image Product
82.00
83.00Offline Satellite Digital Data (average unit size is 1.2 gigabytes)Offline Radar Digital Data (Level II) (average unit size is 4 gigabytes)Offline Satellite, Radar, and Model Digital Data (average unit size is 1 terabyte)
996.00
984.00Conventional CD-ROM/DVD
74.00
69.00Specialized CD-ROM/DVD
165.00
158.00CD-ROM/DVD Copy, Offline
35.00
35.00CD-ROM/DVD Copy, Online Store
17.00
17.00Facsimile Service
80.00
80.00Order Handling
*
9.00Non-Digital Order Consultation
*
7.00Digital Order Consultation
*
22.00Additional National Oceanographic Data Center (NODC) User Fees:NODC Non-Serial Publications
20.00
22.00NODC Non-Standard Data; Select/Copy to CD, DVD or Electronic Transfer, Specialized, Offline
42.00
49.00NODC Non-Standard Data; 1-1 Direct Copy to CD, DVD, or Electronic Transfer, Specialized, Offline
19.00
19.00NODC Digital and Non-Digital Off-the-Shelf Products, Online
4.00
4.00NODC Digital and Non-Digital Off-the-Shelf Products, Offline
6.00
9.00( print page 81112)NODC Order Consultation Fee
*
2.00NODC Handling and Packing Fee
*
7.00World Ocean Database-World Ocean Atlas 2009 DVDs
*
11.00Additional National Geophysical Data Center (NGDC) User Fees:Mini Poster
1.00
1.00Icosahedron Globe
3.00
.50Convert Data to Standard Image
5.00
5.00Single Orbit OLS
16.00
16.00Single Orbit OLS, Additional Orbits
5.00
5.00Single Orbit OLS—Subset
16.00
16.00Single Orbit OLS, Subset—Additional Orbits
5.00
5.00Geolocated Data
43.00
45.00Subset of Pre-existing Geolocated Data
26.00
27.00Global DMSP-OLS Nighttime Lights Annual Composite from One Satellite
70,140.00
73,614.00Most Recent DMSP-OLS Thermal Band/Cloud Cover Mosaics from Multiple Satellites
238.00
250.00Nightly DMSP-OLS Mosaics, Visible and Thermal Band Data from One Satellite
223.00
235.00Global DMSP-OLS Nighttime Lights Lunar Cycle Composite from One Satellite
6,020.00
6,307.00Radiance Calibrated Global DMSP-OLS Nighttime Lights Annual Composite from One Satellite
77,177.00
81,047.00Research Data Series CD-ROM/DVD
25.00
25.00Custom Analog Plotter Prints
60.00
60.00NOS Bathymetric Maps and Miscellaneous Archived Publication Inventory
7.00
7.00Global DMSP-OLS Annual Composite of Persistent Nighttime Lights on Monthly Increments from One Satellite
7,665.00
8,032.00Data Poster
*
18.00High Definition Geomagnetic Model
*
19,997.00* Reflects a new product not previously offered


[FR Doc. 2010-32404 Filed 12-23-10; 8:45 am] BILLING CODE 3510-22-P