[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21099]
[[Page Unknown]]
[Federal Register: August 29, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 946
[Docket No. 920383-4207]
RIN 0648-AE73
Weather Service Modernization
AGENCY: National Weather Service, National Oceanic and Atmospheric
Administration, Commerce.
ACTION: Final rule.
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SUMMARY: On December 3, 1993, the National Weather Service (NWS)
published final rules establishing its internal process for certifying
that there will be no degradation of weather services as a result of
consolidating, automating, or relocating a field office during the
first stage of the modernization of the Weather Service. These rules
defined what constitutes ``consolidating'' or ``automating'' a field
office in terms of replacing or removing personnel from that office.
Today, NWS is issuing this interpretative rule to amend the definitions
of ``automate'' and ``consolidate'' to clarify that reductions in hours
of operation of a field office do not require certification if caused
by unplanned decreases in staff that are beyond the control of the NWS,
such as employees retiring or taking other positions outside or within
NWS. Similarly, NWS is amending the definition of ``change operations
at a field office'' to clarify that such employee actions do not
require advance notification to Congress in the National Implementation
Plan even though there may be a temporary reduction in the staffing
level at affected offices. Finally, NWS is defining ``unplanned
decrease in staff'' to mean a temporary reduction in the number of
employees available for duty at a field office resulting from employee
retirement, resignation, extended sick leave or emergency leave, or
voluntary acceptance of training or of a position outside that field
office.
EFFECTIVE DATE: August 29, 1994.
FOR FURTHER INFORMATION CONTACT: Senator Raygor, (301) 713-0391.
SUPPLEMENTARY INFORMATION: On December 3, 1993, the NWS published final
regulations setting forth its internal procedures for certifying that
there would be no degradation of services as a result of consolidating,
automating, or relocating a field office during the initial stage of
modernization (58 FR 64088). These regulations were based on the
provisions of the Weather Service Modernization Act, title VII of
Public Law 102-567 (15 U.S.C. 313n).
During the modernization, the current field office structure of 52
Weather Service Forecast Offices and about 200 smaller Weather Service
Offices will evolve into a new structure consisting of 117 Weather
Forecast Offices with uniform service responsibilities using more
sophisticated technology including new radars (WSR-88Ds) and a new
automated surface observing system (ASOS). The ability of the NWS to
phase down an old office will depend primarily on when the office's
radar responsibilities can be assumed by one or more new radars and/or
when the office's surface observation responsibilities can be assumed
by an ASOS.
A basic purpose of the Act and the regulations is to ensure that,
before phasing down an old office, the NWS provides adequate assurance
that the services provided with the new technology, either with the
WSR-88Ds at the new offices or with the ASOS units, will continue to be
at least equal to existing services. This assurance is provided through
a certification that there will be no degradation of service as the
result of ``consolidating'' the office (if it is operating a radar that
will be replaced by one or more new WSR-88D(s)) or ``automating'' the
office (if it takes surface observations that will be replaced by an
ASOS).
The Act defines the term ``automate'' as ``replac[ing] employees
with automated weather service equipment.'' Section 946.2 of the
regulations further elaborates that an employee performing surface
observations at a field office is ``replaced'' when he or she is: ``(1)
removed from the field office, or (2) formally requested to cease
performing all observational responsibilities at that office'' after
the office has installed automated weather service observation
equipment and reduced or eliminated its surface observation
responsibilities.
The Act does not define the term ``consolidate.'' Section 946.2 of
the regulations defines the term analogously to the term ``automate''
as ``remov[ing] some positions from a field office (without closing
that office) after those responsibilities have been reduced or
eliminated by the commissioning of one or more NEXRADs, the
decommissioning of the radar operated by that office, if any, and the
combination of that office's responsibilities with those of another
field office.''
Implicit in both definitions and in the entire concept of
certification is the assumption that the actions involved are subject
to NWS control. However, a number of offices are being affected by
employee decisions that are beyond NWS control: retirements,
resignations, illnesses, training requests, and acceptance of jobs at
other offices.
In some cases, an employee resigns or voluntarily transfers before
the introduction of an ASOS unit at the relevant office. In other
cases, the employee action may coincide with the introduction of the
modernized technology. For example, at a typical five person WSO, if
one employee retires and a second accepts another position, it may be
necessary to temporarily reduce the operating hours of that office. If
this reduction occurs at an office operating a radar after a
replacement WSR-88D has begun to operate, some might argue that a
``consolidation'' has occurred. Similarly, if the reduction occurred
after the introduction of the relevant ASOS, some might argue,
incorrectly, that an ``automation'' occurred.
In both types of cases, the NWS responds as it historically has
responded: by operating as efficiently as it can while shorthanded and
filling the vacancy(ies) as quickly as possible. The present
regulations are ambiguous in these cases. The amendments made today to
the regulations clarify that neither unplanned reduction constitutes a
certifiable action.
This interpretative rule amends the definitions of ``automate'' and
``consolidate'' to clarify that reductions in hours of operation of a
field office do not require certification if caused by unplanned
decreases in staff resulting from employee actions beyond the control
of the NWS, such as employees retiring or taking other positions
outside or within NWS. The interpretative rule adds a definition for
``unplanned decrease in staff'' defining the term to mean a temporary
reduction in the number of employees available for duty at a field
office resulting from employee retirement, resignation, extended sick
leave or emergency leave, or voluntary acceptance of training or of a
position outside that field office.
Finally, the phrase ``change operations at a field office'' is
amended to clarify that such employee actions do not constitute a
change in operations requiring advance notification to Congress in the
National Implementation Plan even though there may be a temporary
reduction in the staffing level at the affected office. The timing of
such employee actions simply precludes such notification.
A. Classification Under Executive Order 12866
This interpretative rule has been determined to be not significant
for purposes of Executive Order 12866.
B. Administrative Procedure Act and Regulatory Flexibility Act
This interpretative rule makes clarifying amendments to the
definitions of several words and phrases used by NWS in its procedures
for certifying that ``no degradation'' of weather services to areas
affected by the consolidation, automation or relocation of a field
office in the course of modernizing NWS. Since this is an
interpretative rule, under section 553(b)(A) of the Administrative
Procedure Act (APA), notice-and-comment rulemaking is not required.
Accordingly, under section 603 of the Regulatory Flexibility Act,
preparation of a Regulatory Flexibility Analysis is not required for
this rule. As an interpretative rule, under section 553(d)(2) of the
APA, it can and is being made immediately effective.
C. Paperwork Reduction Act
These regulations do not contain an information collection
requirement subject to the Paperwork Reduction Act.
D. E.O. 12612
The regulations do 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 issuances of this interpretative 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 March
1993.
List of Subjects in 15 CFR Part 946
Administrative practice and procedure, National Weather Service,
Weather service modernization.
Dated: August 22, 1994.
Elbert W. Friday, Jr.,
Assistant Administrator for Weather Services.
Accordingly, for the reasons set out in the preamble, 15 CFR part
946 is amended as follows:
PART 946--MODERNIZATION OF THE WEATHER SERVICE
1. The authority section for part 946 continues to read as follows:
Authority: Title VII of Pub. L. 102-567, 106 Stat. 4303, 15
U.S.C. 313 note.
2. In Sec. 946.2, by revising the definitions for ``Automate (or
automation)'', ``Change operations at a field office'', and
``Consolidate (or consolidation)'', and by adding in alphabetical order
a definition of the term ``Unplanned decreases in staff'' to read as
follows:
Sec. 946.2 Definitions.
Automate (or automation) means to replace employees performing
surface observations at a field office with automated weather service
observation equipment. For the purposes of this definition, an employee
performing surface observations at a field office is replaced when that
office, after installing such equipment, reduces or eliminates its
responsibility for taking surface observations and removes the employee
from that field office, or formally requests the employee to cease
performing all observational responsibilities at that office. Automate
does not include temporarily reducing the hours of operation during
which a field office is responsible for surface observations or
augmenting/backing up an ASOS when such reduction results from an
unplanned decrease in staff.
* * * * *
Change operations at a field office means to transfer service
responsibility, commission weather observation systems, decommission a
NWS radar, move an entire field office to a new location inside the
local commuting and service area, or significantly change the staffing
level of a field office except where the staffing change constitutes a
consolidation or automation or where there is an unplanned decrease in
staff.
* * * * *
Consolidate (or consolidation) means to remove some positions from
a field office (without closing that office) after those
responsibilities have been reduced or eliminated by the commissioning
of one or more NEXRADS, the decommissioning of the radar operated by
that office, if any, and the combination of that office's
responsibilities with those of another field office. Consolidate does
not include temporarily reducing the hours during which a field office
is responsible for operating a radar when such reduction results from
an unplanned decrease in staff.
* * * * *
Unplanned decrease in staff means a temporary reduction in the
number of employees available for duty at a field office resulting from
employee retirement, resignation, extended sick leave or emergency
leave, or voluntary acceptance of training or of a position outside
that field office.
* * * * *
[FR Doc. 94-21099 Filed 8-26-94; 8:45 am]
BILLING CODE 3510-12-M
