96-26207. Weather Service Modernization Criteria  

  • [Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
    [Rules and Regulations]
    [Pages 53307-53311]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-26207]
    
    
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    DEPARTMENT OF JUSTICE
    National Oceanic and Atmospheric Administration
    
    15 CFR Part 946
    
    [Docket No. 960418114-6278-04]
    RIN 0648-AF72
    
    
    Weather Service Modernization Criteria
    
    AGENCY: National Weather Service, National Oceanic and Atmospheric 
    Administration, Department of Commerce.
    
    ACTION: Final rule.
    
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    SUMMARY: In accordance with the Weather Service Modernization Act, 15 
    U.S.C. 313n (the Act), the National Weather Service (NWS) is publishing 
    an amendment to its criteria for modernization actions requiring 
    certification. This amendment adds criteria unique to closing a field 
    office to ensure that closure actions will not result in any 
    degradation of service. Closing a field office is the final step in an 
    often complex transition process in which a field office is carefully 
    phased out at the same time as one or more associated Weather Forecast 
    Offices (WFO) assume the service responsibilities for that office.
    
    EFFECTIVE DATE: October 11, 1996.
    
    ADDRESSES: Requests for copies of documents stated in the preamble as 
    being available upon request should be sent to Julie Scanlon, NOAA/NWS, 
    SSMC2, Room 9332, 1325 East-West Highway, Silver Spring, Maryland 
    20910.
    
    FOR FURTHER INFORMATION CONTACT:
    Nicholas Scheller, 301-713-0454.
    
    SUPPLEMENTARY INFORMATION: On June 6, 1996, the NWS published, for 
    comment, proposed modernization criteria unique to closing a field 
    office (see 61 FR 28804). In that notice, there were two minor errors. 
    The first was a typographical error in section II.A.5 of Attachment 1 
    to the June 6, 1996 notice, as was pointed out in one of the public 
    comments (see comment B.1. below). The correct figure is 10,000 feet as 
    indicated in section 706(b)(4) of Public Law 102-567. The second error 
    appeared in the Supplementary Information section of the June 6, 1996 
    notice. Under ``Evaluation of Services to In-state Users'', the list of 
    field offices planned for closure that are the only field office in a 
    state incorrectly included Weather Service Office (WSO) Hartford, CT. 
    The correct list of field offices planned for closure that are the only 
    field office in a state is: WSO Baltimore, MD; WSO Concord, NH; WSO 
    Providence, RI; and WSO Wilmington, DE.
        After consideration of the public comments that were received and, 
    after consultation with the National Research Council's (NRC) NWS 
    Modernization Committee and the Modernization Transition Committee 
    (MTC), the NWS is now establishing the final modernization criteria for 
    closing a field office. Consultation with the NRC's NWS Modernization 
    Committee was completed on September 9, 1996. During consultation with 
    the MTC on September 19, 1996, the MTC offered the following:
    
        The Modernization Transition Committee (MTC) has reviewed the 
    comments received in response to the notice in the Federal Register, 
    considered information provided through presentations and reports, 
    and thoroughly discussed the issue of closure of National Weather 
    Service offices in relationship to modernization with the following 
    conclusions:
        1. The criteria for closure are consistent with the need to 
    maintain timely and accurate weather services; and
        2. When applied the criteria will ensure no degradation of 
    weather services.
        Therefore, the MTC recommends the adoption of the closure 
    criteria.
    Peter R. Leavitt,
    Chair, Modernization Transition Committee.
    
        Public comments were received from a trade journal, Minnesota Cold 
    Weather Resource Center, and the State of Hawaii.
        The issues and concerns raised in the comments and NWS' response 
    follows.
    
    A. Comments Generally Related to the Proposed Closure Criteria
    
        1. Comment: Three comments addressed various aspects of 
    notification of modernization actions: (a) One comment stated that 
    ``The current NWS procedure of posting proposed NWS actions in the 
    Federal Register without concurrent notification to known interested 
    parties, especially individuals, local affected communities, etc. is 
    totally unacceptable''; (b) two comments stated that advertised local 
    public hearings should be held in communities affected by proposed 
    modernization actions, particularly certifications; (c) one comment 
    expressed frustration about the continual change of timetables 
    concerning the status of the International Falls office; and (d) one 
    comment requested that the State of Hawaii be kept fully informed on 
    the status of modernization activities and receive copies of 
    certifications.
        Response: (a) Notification of Modernization Actions--The Federal 
    Register is the Federal Government's official means of providing 
    notification of actions, requesting public comments, etc. Public Law 
    102-567 specifically requires NWS to publish certain modernization 
    actions in the Federal Register. These include proposed and final 
    modernization criteria (section 704) and proposed and final 
    certifications (section 706). Also, the Federal Advisory Committee Act 
    requires advanced notification of Federal advisory committee meetings 
    be published in the Federal Register. Since the MTC is a Federal 
    advisory committee, established by section 707 of Public Law 102-567, 
    notification of MTC meetings are published in the Federal Register.
        In recognition of the fact that weather service users may not read 
    the Federal Register regularly, NWS has taken additional steps to 
    advise interested parties of opportunities to provide input on 
    modernization actions. For example, in May 1996, NWS published proposed 
    automation criteria in the Federal Register for public comment. 
    Coincident with this publication, NWS mailed over 3,000 letters to 
    users advising them of the opportunity to comment. Also, when the 
    proposed closure criteria were published in the Federal Register in 
    June 1996, NWS sent a letter to each member of Congress advising them 
    of the opportunity to comment.
        Beyond the Federal Register, there are several other ways in which 
    NWS keeps interested parties informed on modernization actions. A 
    National Implementation Plan (NIP) is published annually as required by 
    section 703 of Public Law 102-567. In addition to describing the 
    overall NWS modernization program, the NIP provides a detailed status 
    report on implementation progress and state-by-state notification 
    tables that list completed and upcoming (next 3 years)
    
    [[Page 53308]]
    
    modernization activities for each weather office. The NIP is 
    distributed to each member of Congress, cooperating agencies, state and 
    local governments, and users of weather services. Each of the 119 
    future Weather Forecast Offices operates an extensive outreach program 
    that includes notification to users several years in advance of 
    modernization actions technical coordination with users several months 
    prior to modernization actions, and follow-up with users after 
    modernization actions. This outreach program was described in detail in 
    the June 6, 1996 Federal Register notice that proposed closure criteria 
    and is also described in the annual NIP.
        (b) Local Public Hearings--The MTC was established to review 
    certifications as well as advise the Secretary of Commerce and Congress 
    on implementation of modernization and matters of public safety and the 
    provision of weather services which relate to modernization. The MTC is 
    comprised of representatives from the NWS, the Department of Defense, 
    the Federal Aviation Administration, the Federal Emergency Management 
    Agency, civil defense and public safety organizations, news media, the 
    National Weather Service Employees Organization, and private sector 
    users of weather information, as prescribed by section 707 of Public 
    Law 102-567. Each proposed certification is made available to the MTC 
    for review and is also published in the Federal Register for a 60-day 
    public comment period. Meetings of the MTC are held about 4 times per 
    year to review certifications that have completed the 60-day public 
    comment period. The MTC is provided with copies of all public comments 
    received. MTC findings, conclusions and recommendations on each 
    certification are included as part of the certification package that 
    goes to the Secretary of Commerce for decision. Where particular 
    community concern is evident, the MTC is willing to hold a meeting in 
    that community. For example, in 1994, the MTC held meetings in Redwood 
    City and Monterey, California to consider the proposed relocation of 
    the San Francisco Weather Service Forecast Office from Redwood City to 
    Monterey. As mentioned previously, the MTC is a Federal advisory 
    committee, so advanced notification of MTC meetings are published in 
    the Federal Register, the meetings are open to the public, and a public 
    comment period is part of the meeting agenda so that members of the 
    public may address the MTC directly.
        (c) Changing Timetables--NWS recognizes how frustrating changing 
    schedules can be. There are several reasons why modernization schedules 
    change. First, the NWS modernization program is a very complex, multi-
    year effort encompassing a number of major system programs, each with 
    its own development/deployment schedule. Second, year-to-year budget 
    decisions often result in schedule adjustments. Lastly, many 
    modernization actions are event driven, e.g., decommissioning of an old 
    system requires commissioning of the replacement system. While calendar 
    schedules are forecast for these type of actions, until all 
    prerequisites are actually met, the action can not be taken, NWS 
    attempts to keep all interested parties informed of the latest schedule 
    for modernization actions through the NIP and local outreach efforts as 
    described above in the response to comment A.1.a.
        (d) Status of Modernization in Hawaii--NWS agrees and will keep the 
    State of Hawaii fully informed on the status of modernization 
    activities through the annual NIP and its outreach program as described 
    in the response to comment A.1.a. Copies of proposed and final 
    certifications are published in the Federal Register.
        2. Comment: Two comments stated that an independent review of 
    certifications recommended by the Meteorologist-In-Charge (MIC) is 
    needed to assure an objective and thorough process.
        Response: There are several mechanisms in place to provide 
    independent oversight of NWS modernization. As described in the 
    response to comment A.1.b above, the MTC provides independent review of 
    each certification. The National Academy of Science's National Research 
    Council (NRC) established an NWS Modernization Committee in 1990. In 
    the past 6\1/2\ years, this Committee has reviewed and reported on NWS 
    modernization both in its entirety and from a number of specific 
    perspectives. With respect to certification, in 1993, the NRC's 
    Modernization Committee reviewed and reported on the modernization 
    criteria on which the certifications would be based. This Committee 
    will continue to provide oversight of NWS modernization for at least 
    the next several years. Following is a list of NRC reports already 
    issued on NWS modernization:
    
    {time}  Toward A New National Weather Service--A First Report, March 
    1990
    {time}  Toward A New National Weather Service--A Second Report, April 
    1991
    {time}  Review of Modernization Criteria, July 1993
    {time}  National Weather Service Employee Feedback, April 1994
    {time}  Weather for Those Who Fly, April 1994
    {time}  Assessment of NEXRAD Coverage and Associated Weather Services, 
    June 1995
    {time}  The importance of the United States Weather Research Program 
    for NWS Modernization, February 1996
    
        3. Comment: One comment stated that ``Many citizens of northern 
    Minnesota continue to feel that they are/will not receive the same 
    level of service from the NWS as the rest of the country.''
        Response: Public Law 102-567 established a ``no degradation of 
    service'' requirement to be applied on an affected area by affected 
    area basis. This requirement is satisfied through the certification 
    process which must show that modernized weather services for an 
    affected area are at least equal to pre-modernized weather services for 
    that affected area. Comparison of one area to another area is not part 
    of the certification requirement.
        4. Comment: One comment took exception to actions that do not 
    require certification, i.e., commissioning of new weather observation 
    systems and decommissioning outdated NWS radars. This comment stated 
    that ``An `outdated NWS radar' should not be decommissioned until it is 
    demonstrated that its intended replacement provides acceptable 
    performance and coverage of the required area down to an altitude of 
    10,000 feet. Appropriate performance criteria should be established for 
    such actions.''
        Response: NWS agrees that appropriate criteria should be 
    established for certain modernization actions that do not require 
    certification. Section 704 of Public Law 102-567 requires establishment 
    of modernization criteria for: ``commissioning new weather observation 
    systems, decommissioning an outdated National Weather Service radar, 
    and evaluating staffing needs for field offices in an affected service 
    area.'' These modernization criteria were published for public comment 
    on December 6, 1993 (see 58 FR 64202) and were based on the July 1993 
    NRC report, Review of Modernization Criteria. After consultation with 
    both the NRC and the MTC and consideration of public comments that were 
    received, final modernization criteria for these actions were published 
    on March 2, 1994 (see 59 FR 9921). The criteria established for 
    decommissioning an ``outdated NWS radar'' do require that the replacing 
    NEXRADs (WSR-88Ds) be commissioned (i.e., satisfactorily support 
    warning and forecast services)
    
    [[Page 53309]]
    
    and that confirmation of services with users be obtained. The basic 
    requirement of Public Law 102-567 is that there be no degradation of 
    service and our criteria require that we identify where NEXRAD coverage 
    at 10,000 feet will and will not be provided to the affected service 
    area. However, there is no requirement for NEXRAD coverage at an 
    elevation of 10,000 feet.
        5. Comment: One comment pointed out that ``pending actions in the 
    Congress that COULD effectively cancel or greatly modify current 
    modernization criteria provisions in the federal law. Thus review of 
    NWS modernization criteria is premature. This review should be 
    postponed until final Congressional action is taken on the matter.''
        Response: The Civilian Science Authorization Act of 1996, House 
    Resolution 3322, includes a provision to streamline the certification 
    requirements of Public Law 102-567. The Senate has not taken any action 
    to change the certification requirements of Public Law 102-567. NWS can 
    not anticipate Congressional action and must continue to meet the 
    requirements of the existing law; therefore, establishment of closure 
    criteria is not premature. If and when changes to Public Law 102-567 
    are enacted, NWS will revise modernization criteria and certification 
    procedures as required to comply with any enacted changes.
        6. Comment: One comment stated that ``It is not clear how these 
    proposed criteria will apply to the recent recommendations of the 
    Secretary of Commerce to the Congress on further changes to the 
    Modernization Plan. That should be clarified in this document.''
        Response: In October 1995, the Secretary of Commerce released his 
    report, Secretary's Report to Congress on Adequacy of NEXRAD Coverage 
    and Degradation of Weather Services Under National Weather Service 
    Modernization for 32 Areas of Concern. This report assessed potential 
    degradation of service for 32 areas of concern that had been 
    established through the solicitation of comments from the public in 
    late 1994. The assessment utilized criteria developed by the National 
    Research Council in their June 1995 report, Toward a New National 
    Weather Service--Assessment of NEXRAD Coverage and Associated Weather 
    Services. The Secretary's report determined that new NEXRADs in 
    northern Indiana, northern Alabama and western Arkansas and a new WFO 
    in northern Indiana were needed to mitigate inadequacies in the 
    original modernization plan. The Secretary's report also identified 
    several areas of concern where further study was needed. In a sense, 
    the Secretary's report can be viewed as a mid-course review/adjustment 
    of the modernization program. This mid-course review/adjustment was 
    conducted in accordance with study guidelines (appendix A of the 
    Secretary's report) which stated in part, ``Submission of a report 
    under this section shall not relieve the Secretary from the requirement 
    of section 706(b) of the WSMA to certify no degradation of service when 
    she/he restructures a field office.'' Thus the proposed closure 
    criteria must be established to provide the basis for closure 
    certifications.
    
    B. Comments Specifically Related to the Proposed Closure Criteria
    
        1. Comment: One comment stated that ``The criteria for closure are 
    consistent with maintaining timely and accurate weather services for 
    Maui County.''
        Response: NWS agrees.
        2. Comment: One comment pointed out that there was an error in the 
    June 6, 1996 Federal Register notice.
        Response: NWS agrees. There was a typographical error in section 
    II.A.5 of Attachment 1 to the June 6, 1996 notice. The correct figure 
    is 10,000 feet as indicated in section 706(b)(4) of Public Law 102-567. 
    The common criteria, attachment 1, were republished with the proposed 
    criteria unique to closure certification for the convenience of the 
    reader. These common criteria were established as final criteria on 
    March 2, 1994 (see 59 FR 9921).
        3. Comment: Two comments addressed several aspects of NEXRAD 
    coverage at an elevation of 10,000 feet. One comment stated that ``In 
    the event that any community will not have coverage down to 10,000 feet 
    the existing local NWS radar should not be decommissioned or the local 
    WSO be closed. It should be noted that currently there are no 
    provisions if the NWS cannot certify coverage down to 10,000 feet for 
    any locality.'' Another comment stated that ``the fact remains that 
    portions of northern Minnesota are not covered by NEXRAD at the 10,000 
    foot level--the base criteria established by the NWS.''
        Response: As mentioned in the response to comment A.4, there is no 
    requirement in Public Law 102-567 for NEXRAD coverage at an elevation 
    of 10,000 feet. Further, NWS has never established a criterion that 
    requires NEXRAD coverage at an elevation of 10,000 feet. Section 
    706(b)(4) of Public Law 102-567 does require each certification to 
    identify any area that will not be covered by NEXRAD at an elevation of 
    10,000 feet. Because of concerns about the adequacy of NEXRAD coverage, 
    the NRC conducted a study which compared pre-modernized and modernized 
    radar coverage for a number of weather phenomena. The NRC developed 
    criteria to assess the impact of degraded radar coverage for any 
    weather phenomenon on the quality of weather services. In June 1995, 
    the NRC delivered their report entitled, Toward a New National Weather 
    Service--Assessment of NEXRAD Coverage and Associated Weather Services. 
    A team of experts applied the NRC's criteria and prepared the 
    Secretary's Report to Congress on Adequacy of NEXRAD Coverage and 
    Degradation of Weather Services Under National Weather Service 
    Modernization for 32 Areas of Concern. In some cases, the Secretary's 
    Report concluded that degraded radar coverage would result in a 
    degradation of weather services and recommended mitigation actions (see 
    response to comment A.6). In other cases, the Secretary's Report 
    concluded that small areas of degraded radar coverage for particular 
    weather phenomena would not result in a degradation of weather 
    services. Ultimately, it is the certification process that will assess 
    the degradation of weather services for each affected area.
        4. Comment: One comment asked ``Has the timetable for the liaison 
    officer been definitely set, and will they have access to the proper 
    tools to effectively do their job?''
        Response: The liaison officer is designated at the time of 
    certification. Since certifications are event driven, (see the response 
    to comment A.1.c) timetables for liaison officers do sometimes change. 
    The annual NIP provides notification tables for when modernization 
    actions, including certifications, are expected to occur at each NWS 
    office. Section 706(f) of Public Law 102-567 specifies the duties of 
    the liaison officer as:
        (1) Providing timely information regarding the activities of the 
    National Weather Service which may affect service to the community, 
    including modernization and restructuring: and
        (2) working with area weather service users, including persons 
    associated with general aviation, civil defense, emergency 
    preparedness, and the news media, with respect to the provision of 
    timely weather warnings and forecasts.
        All liaison offices will be provided with the necessary tools and 
    resources to perform these duties.
        5. Comment: Concerning the Air Safety Appraisal, one comment stated 
    that ``This appraisal should include the effect of NEXRAD non-real time
    
    [[Page 53310]]
    
    operation on affected airport operations.''
        Response: As part of the certification for closure or relocation of 
    a field office which is located on an airport, section 706(e)(1) of 
    Public Law 102-567 requires an air safety appraisal be conducted to 
    determine that such action will not result in degradation of service 
    that affects aircraft safety. The required air safety appraisal will 
    address the provision of weather services that affect aircraft safety. 
    Since NEXRAD is a tool used by NWS in the provision of these aviation 
    weather services, use of NEXRAD will be, at a minimum, implicitly 
    included in the appraisal.
        6. Comment: One comment requested that ``NOAA ensure that the Maui 
    NWS office is not closed until all modernization and restructuring 
    (MAR) systems (4 Doppler weather radars, 8 Automated Surface Observing 
    Systems, GOES 9 and the AWIPS) are fully installed and performing to 
    expectations.''
        Response: The Kahului Weather Service Office on Maui will not be 
    closed until the Secretary of Commerce can certify no degradation of 
    service. The ability to certify will be dependent on installation and 
    satisfactory performance of modernized systems, although not 
    necessarily all the ones listed in the comment. However, all 4 Doppler 
    weather radars and all 8 Automated Surface Observing Systems are 
    installed and several are already operational. GOES 9 has been launched 
    and is operational. AWIPS will be deployed and made operational at WFO 
    Honolulu prior to initiating the closure certification for WSO Kahului.
        7. Comment: One comment stated that ``No action has been taken to 
    provide for lake wind advisories for the Rainy Lake area and Lake of 
    The Woods--two large bodies of water that host a great deal of 
    recreation.''
        Response: In Minnesota, when winds are expected to meet a specified 
    criteria, the forecast office issues a wind advisory for area lakes. 
    The following conditions must be expected to exist for more than three 
    hours; sustained winds at speeds of 20 to 30 mph and gusts over 30 mph. 
    The advisories are typically issued during the months of April through 
    November, but in Northern Minnesota most advisories are issued between 
    May and October. These time frames are variable due to ice cover on the 
    lakes. The advisories are issued under the product ID MSPNPWMSP (WMO 
    header WWUS45 KMSP). In addition to the MSPNPWMSP product, wind 
    forecasts for the areas of concern can be found in the Minnesota Zone 
    Forecast Product MSPZFPMN (WMO header FPUS5 KMSP) and the Short Term 
    Forecasts. Short Term Forecasts for the Lake of the Woods area can be 
    found under the product BISNOWFAR (WMO header FXUS21 KFAR). Short term 
    forecasts for the Rainy Lake area can be found under the product 
    MSPNOWDLH (WMO header FXUS21 KDLH). The Zone Forecast Product provides 
    forecast information for generally a two day time period. Forecasts 
    from zero to six hours can be found in the Short Term Forecasts. The 
    products described above are available through: NWS Family of Services; 
    NOAA Weather Wire Service; NOAA Weather Radio; the media; and the 
    Internet (IWIN on the NWS home page). NOAA Weather Radio transmitters 
    are located in Littlefork (near International Falls and Rainy Lake) and 
    in Roosevelt (near Lake of the Woods).
    
    C. Other Comments
    
        1. Comment: One comment stated that ``Continued reports of ASOS 
    limitations in term (sic) of detecting various forms of precipitation 
    have not been addressed (sic). Also, there are reports of lost data 
    from ASOS locations.''
        Response: Similar comments were received in response to the 
    proposed automation criteria that were published on May 2, 1996 (see 61 
    FR 19594). Responses to these comments were provided in the July 31, 
    1996 notice that established final automation criteria for service 
    level A, B and C airports (see 61 FR 39862). The NWS, as stated in the 
    response to these comments, is continuing to operate cooperative 
    observer stations and considering opening new COOP stations where 
    observations are scarce. In addition, the Supplementary Data Program 
    became operational on October 1, 1995 at 119 WFOs, where staffing and 
    equipment permits.
        2. Comment: One comment took exception to the statement ``* * * 
    these criteria, if adopted as proposed, will not have a significant 
    economic impact on a substantial number of small entities. These 
    proposed criteria are intended for internal agency use only and will 
    not directly affect small business. * * * Accordingly no initial 
    regulatory flexibility analysis has been prepared.'' The comment then 
    stated that ``These criteria can effect EVERY business small or large, 
    and every government agency if the resulting National Weather Service 
    system fails to provide to the general public adequate, timely warning 
    of severe weather, especially tornadoes. Negative effects of ASOS 
    performance on national climatological records will have a devastating 
    effect on small businesses that depend on the validity of 
    climatological records. These criteria should be sent to the Chief 
    Council for Advocacy of the Small Business Administration for review.''
        Response: NWS has fully complied with the requirements of 5 U.S.C. 
    601 et seq., the Regulatory Flexibility Act. Pursuant to 5 U.S.C. 
    605(b), NWS sent the proposed regulations to the Chief Counsel for 
    advocacy of the Small Business Administration along with a 
    certification that these criteria, if adopted, would not have a 
    significant economic impact on a substantial number of small entities. 
    This regulation merely establishes the procedures that will be followed 
    in meeting the requirement contained in Public Law 102-567, that NWS 
    cannot close a field office until the Secretary of Commerce certifies 
    to the Congress that there will be no degradation of service to the 
    affected area. This requirement will assure that NWS will fulfill its 
    mission and continue to provide the same level of weather forecasts, 
    warnings and advisories for the protection of life and property in the 
    United States. Moreover, this requirement ensures that any potential 
    impact of a closure, including the economic impact on small businesses 
    will be slight.
    
    A. Classification Under Executive Order 12866
    
        These regulations have been determined not to be significant for 
    purposes of E.O. 12866.
    
    B. Regulatory Flexibility Act Analysis
    
        These regulations set forth the criteria for certifying that 
    certain modernization actions will not result in a degradation of 
    service to the affected area. These criteria will be appended to the 
    Weather Service Modernization regulations. The Assistant General 
    Counsel for Legislation and Regulation of the Department of Commerce 
    has certified to the Chief Counsel for Advocacy of the Small Business 
    Administration when these criteria were proposed, that if adopted, they 
    would not have a significant economic impact on a substantial number of 
    small entities. Response to a comment received in regarding the 
    certification was addressed above. Accordingly, no final regulatory 
    flexibility analysis was prepared.
    
    C. Paperwork Reduction Act of 1980
    
        These regulations will impose no information collection 
    requirements subject to the Paperwork Reduction Act.
    
    [[Page 53311]]
    
    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. A programmatic Environmental Impact Statement (EIS) regarding 
    NEXRAD was prepared in November 1984, and an Environmental Assessment 
    to update the portion of the EIS dealing with the bioeffects of NEXRAD 
    non-ionizing radiation was issued in 1993.
    
    List of Subjects in 15 CFR Part 946
    
        Administrative practice and procedure, Certification, 
    Commissioning, Decommissioning, National Weather Service, Weather 
    service modernization.
    
        Dated: October 8, 1996.
    Elbert W. Friday, Jr.,
    Assistant Administrator for Weather Services.
    
        For the reasons set out in the preamble, 15 CFR part 946 is amended 
    as follows:
        1. The authority citation for part 946 continues to read as 
    follows:
    
        Authority: Title VII of Pub. L. 102-567, 106 Stat 4303 (15 
    U.S.C. 313n.)
    
        2. Appendix A to part 946 is amended by adding a new Subsection (D) 
    under Section II. CRITERIA FOR MODERNIZATION ACTIONS REQUIRING 
    CERTIFICATION, to read as follows:
    
    (E) Modernization Criteria Unique to Closure Certifications
    
        1. Consolidation Certification: If the field office proposed for 
    closure has or will be consolidated, as defined in Sec. 946.2 of the 
    basic modernization regulations, this action has been completed as 
    evidenced by the approved certification or can be completed as 
    evidenced by all of the documentation that all of the requirements 
    of sections II.A. and II.B of this Annex have been completed.
        2. Automation Certification: If the field office proposed for 
    closure has or will be automated, as defined in Sec. 946.2 of the 
    basic modernization regulations, this action has been completed as 
    evidenced by the approved certification or can be completed as 
    evidenced by documentation that all of the requirements of sections 
    II.A. and II.C. of this Annex has been completed.
        3. Remaining Services and/or Observations: All remaining service 
    and/or observational responsibilities, if applicable to the field 
    office proposed for closure, have been transmitted as addressed in 
    the MIC's recommendation for certification.
        4. User Confirmation of Services: Any valid user complaints 
    received related to provision of weather services have been 
    satisfactorily resolved and the issues addressed in the MIC's 
    recommendation for certification.
        5. Warning and Forecast Verification: Warning and forecast 
    verification statistics, produced in accordance with the Closure 
    Certification Verification Plan, have been utilized in support of 
    the MIC's recommendation for certification.
    
    [FR Doc. 96-26207 Filed 10-10-96; 8:45 am]
    BILLING CODE 3510-12-M
    
    
    

Document Information

Effective Date:
10/11/1996
Published:
10/11/1996
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-26207
Dates:
October 11, 1996.
Pages:
53307-53311 (5 pages)
Docket Numbers:
Docket No. 960418114-6278-04
RINs:
0648-AF72: National Weather Service Modernization Criteria for Automation Certification
RIN Links:
https://www.federalregister.gov/regulations/0648-AF72/national-weather-service-modernization-criteria-for-automation-certification
PDF File:
96-26207.pdf
CFR: (1)
15 CFR 946