be sent to the applicant, who will be permitted to apply for permission of the Board to present further evidence in support of his application either orally, in writing, or both.

§ 400.1311 Rehearing on application.

Should the request of the applicant to submit further evidence be granted, the applicant will be notified and, if a hearing is desired, a date fixed therefor before the Committee of Alternates.

§ 400.1312 Action of Board on application.

After the Board's consideration of the application is completed, unless further information is required by the Board, the grant will be made or denied.

§ 400.1313 Payment for inspection.

The Board shall specify, and applicants ard grantees shall pay, the cost of inspection of construction. Prior to the issuance of a grant, the applicant shall deposit promptly with the district engineer a certified check in an amount specified as prescribed above, covering such cost. Certified checks in amounts specified by the Board will also be required to be deposited promptly by grantees with the district engineer covering costs of subsequent inspections of major alterations. In the event the amount originally specified is insufficient to pay for the cost of inspection, the Board shall specify the additional amount or amounts required, which shall be paid promptly by the applicant or grantee, as the case may be. Such funds shall be carried in a special deposit account by the district engineer in accordance with existing law and regulations. If certified checks, which have been deposited, are in amounts in excess of the cost of supervision of construction, the district engineer shall refund such

proceedings before the Board to present documentary or other written or oral evidence bearing upon any application, declaration, protest, petition, or complaint made to the Board. The Board may order that hearings be held for the purpose of taking testimony or receiving records not under the control of a party to proceedings before the Board, or for the purpose of taking testimony or producing records in connection with the establishment, operation, or maintenance of a zone, or with the conduct of any investigations appropriate to the administration of the act.

[Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1316 Object of hearing.

The object of such hearing is to inform interested parties concerning the matter at issue and to give them an opportunity to express their views frankly, fully, and publicly relative thereto.

[Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1317 Notice of hearing.

When the Board of Examiners Committee of the Board deems it advisable to hold a local hearing, notice of such hearing should be sent to all interested parties in time for them to be present in person or to be represented at the hearing, and a copy of the notice should be furnished local newspapers. The notice should state the subject to be considered and when and where the hearing will be held, specifically designating the date, hour, and place. For the accuracy of the record, all important facts and arguments should be submitted in writing. As soon as the date and place for a hearing have been designated, the official or Examiners' Committee should immediately advise the Board direct so that it may have available full information on the proceedings.

[Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1318 Procedure at hearing.

The following general procedure will govern the conduct of hearings:

(a) Minutes of the proceedings will be made, and when deemed advisable, will be taken stenographically.

(b) A complete copy of the notice and a record of the names and addresses of all parties on whom served and the manner of service (whether by mail, telegraph, telephone, etc.), should be retained and made a part of the record.

(c) The presiding officer will impress upon all interested parties and will also specifically state at the commencement of the proceedings: first, the special purpose of the hearing; second, that it is desired to have a frank and full expression of the views of all interested parties and as complete a statement as possible of all information bearing upon the question at issue; third, that the Board will give full weight to all evidence and arguments presented at the hearing, and that all pertinent material which the parties wish considered should be brought out at the hearing; fourth, that later ex parte evidence and arguments are not desired by the Board unless it is clearly shown that the matter is new and material and that there are good reasons why it could not be presented at the hearing.

(d) The presiding officer should read aloud such parts of the act and of the rules and regulations adopted by the Board as bear on the matter at hand. He should also read such other important papers bearing on the case, or extracts therefrom, as may be necessary for a full understanding of the status of the case and the data before the Board.

(e) The names and addresses of all parties of interest present or represented at the hearing will be recorded.

(f) The presiding officer will then invite and conduct a thorough and candid discussion of the case in all its bearings. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1319 Adjournment of hearing.

If it is alleged by any person that more evidence exists which could not be properly prepared in time for the hearing, the presiding officer will, at his discretion, either adjourn the hearing for a

reasonable period, or may delay transmitting his report until after the receipt of such evidence and the expiration of a reasonable period for its examination by other interested persons. In such cases, definite statements as to the amount of time desired should be required. If no further hearing is held, it should be required that any additional evidence be submitted in typewritten or printed form, and the party submitting it should be required to serve a copy thereof on such other parties in interest as appeared at the hearing and to furnish proof of such service for the record. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1320 Record of proceedings.

The record of the proceedings should be made in quadruplicate, 3 copies for the Board and 1 for the office of the presiding officer. The record should be accompanied by a copy of the notice and list of those present, briefs or exhibits submitted in the case, and the recommendations of the officer or committee conducting the hearing on the points raised at the hearing. All of the above papers should be properly marked for reference and when possible bound together and submitted as a single exhibit. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952] § 400.1321

Additional rules of practice. Additional rules of procedure and practice in formal proceedings under the act, and of procedure in formal and informal proceedings, in elaboration or extension of those set forth herein, may be issued from time to time.

[Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

result in injury to interests of the community by delay in issuing important weather forecasts and danger warnings (15 Comp. Gen. 196).

$501.4 Time of release of weather information affecting crops.

Bulletins or radio broadcasts giving agricultural weather information are released at 10:00 a.m. each workday during the growing season in the affected areas.

Weekly Weather and Crop Bulletins containing a synopsis of weather conditions and their effect on crops and farming operations (which show snow and ice conditions during the season) are released simultaneously at Washington, D. C. and approximately 45 field stations at 12:00 noon e. s. t. on Tuesday or on Wednesday if Monday or Tuesday is a holiday.

Because of the influence that might be exerted upon the market value of the products of the soil by the information contained in the weather and crop bulletins, the law provides a fine of $10,000 or imprisonment of 10 years, or both, for any responsible Government official who willfully imparts any information of speculative value contained in the bulletins before the times of release to the public.

[13 F. R. 6747, Nov. 18, 1948]

§ 501.5 Counterfeiting weather fore

before and at the conclusion of the weather broadcast that it is furnished by the courtesy of a sponsor, care must be exercised to avoid the implication that the forecasts are made or paid for by the advertiser; and that there shall be nothing in the announcement associated with weather broadcasts to indicate that the Weather Bureau or the Government endorses the sponsor or the product advertised.

(b) An agreement is also required between the Weather Bureau and any radio or television station that wishes to install equipment or make other arrangements for direct broadcast from 8 Weather Bureau office.

(c) No charge is made to the radio or television stations or the sponsor for weather information intended for public distribution. However, if there are communication tolls or leased wire charges in connection with the delivery of such information to the radio or television stations, such charges are borne by the radio or television stations or the sponsor.

(22 U.S.C. 501) [27 F.R. 10886, Nov. 8, 1962] PART 502-AWARD OF FELLOWSHIPS IN METEOROLOGY

AUTHORITY: The provisions of this Part 502 issued under R.S. 161; 5 U.S.C. 22. Interpret or apply sec. 1, 53 Stat. 1290; 22 U.S.C. 501. Additional authority is cited to text in parentheses.

§ 502.1 Type of fellowship.

Fellowships shall be of the interntraining type, comprising instruction for an appropriate period in certain American universities including the University of California at Los Angeles, the University of Chicago, Massachusetts Institute of Technology, Florida State University, Pennsylvania State University and like institutions having strong programs in the atmospheric sciences, for the study of meteorology, hydrometeorology and allied sciences and their applications, and in addition assignment to Weather Bureau offices for an appropriate period for further study of appli

cations of meteorology and the organization and service work of the Weather Bureau.

(15 U.S.C. 313) [27 F.R. 10886, Nov. 8, 1962] § 502.2 Qualifications.

Applicants selected for these fellowships shall be:

(a) Bona fide citizens of any of the American Republics other than the United States, or of the Republic of the Philippines;

(b) In possession of a certificate of medical examination issued by a licensed physician within 60 days of the date of application, describing the applicant's physical condition, and stating that he is free from any communicable disease or disability that would interfere with the proper pursuit of studies or research or the performance of any activity incident to the fellowship;

(c) Able to speak, read, write and understand reasonably well the English language;

(d) of good moral character and shall possess intellectual ability and suitable personal qualities; and shall have successfully completed their academic professional training in a recognized school in any one of the branches related to the science of meteorology, including among others, meteorology, climatology, physics, mathematics, engineering, physical geography, et cetera; and/or shall be a qualified employee of the official meteorological service of the country from which selected.

(15 U.S.C. 313) [13 F.R. 2739, May 21, 1948, as amended at 13 F.R. 6748, Nov. 18, 1948; 13 F.R. 6760, Nov. 19, 1948; 27 F.R. 10886, Nov. 8, 1962]

§ 502.3 Award of fellowships.

Fellowships will be awarded by the Chief of the Weather Bureau, and with the approval of the Secretary of Commerce and the Secretary of State or their duly authorized representatives. Philippine candidates for fellowships will in addition be examined and recommended by the Chief of the Philippine Weather Bureau and the President of the Republic of the Philippines. No applicant therefor shall be approved unless his application shall have been transmitted by the government of the country of which he is a citizen through the diplomatic mission of the United States of America located in the Republic concerned.

[13 F.R. 6748, Nov. 18, 1948. Redesignated at 13 F. R. 6760, Nov. 19, 1948]

§ 502.4 Allowances and expenses.

Allowances and expenses shall be as provided in State Department regulations given in 22 CFR Part 61.

[13 F. R. 2739, May 21, 1948. Redesignated at 13 F. R. 6760, Nov. 19, 1948]

§ 502.5

Duration of fellowships.

Fellowships will be awarded for periods of not to exceed sixteen months each. [13 F. R. 6748, Nov. 18, 1948. Redesignated at 13 F. R. 6760, Nov. 19, 1948]

§ 502.6 Official notification.

Applicants recommended for fellowships by the Chief of the Weather Bureau and approved by the Secretary of Commerce and the Secretary of State, or the duly authorized representative of the Secretary of State, shall be notified of their award through diplomatic channels.

[13 F. R. 2739, May 21, 1948. Redesignated at 13 F.R. 6760, Nov. 19, 1948]