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(e) "Foundation" means the National (a) Sufficient notice of the issues to Science Foundation.
be considered; (f) "Submission means a referral (of (b) An opportunity to be represented an individual's request for a hearing) by by counsel; the Director pursuant to $ 610.5 of this (c) Disclosure of as much of all matchapter.
ters of an evidentiary nature as may be (g) "Preliminary decision" means the permitted within the framework of aprecommended decision, including find- plicable laws, regulations, and other reings of fact and conclusions reached in quirements (e.g., those pertaining to the light of the applicable criteria, pre- FBI reports); pared by a Hearing Officer and submitted (d) An opportunity to appear in to the Fellowship Review Board.
person (and to present witnesses in his (h) “Initial decision” means the rec behalf) or, at the option of the indiommended decision of the Fellowship vidual concerned, to submit his case in Review Board, which shall include (1) whole or in part in writing (e.g., through findings of fact and conclusion reached interrogatories, affidavits, exhibits, etc.); in the light of the applicable criteria and (e) An opportunity to cross-examine when applicable, (2) the reasons for any persons either orally or through written changes or modifications made by the interrogatories, to the extent provided Fellowship Review Board in a prelim- by Executive Order 10865 of February 20, inary decision.
1960 (relating to safeguarding of classi(1) "Director" means the Director of fied information within industry); the National Science Foundation.
(f) An option to the individual con(j) “Applicable criteria" means those cerned to have the hearing open or closed set forth in 610.4 of this chapter, or in to the public; manual or other issuances of the Foun (g) A determination of the place of dation pertaining to denial or discon the hearing which takes into consideratinuance of fellowship or scholarship tion the convenience of the individual awards on grounds involving moral concerned and any witnesses who might character or loyalty.
be testifying at the hearing. $ 630.3 Fellowship Review Panel; Fel. 8 630.5 Hearing before Fellowship Re lowship Review Board; in general.
view Board or a Hearing Officer. Upon receipt of a submission from the The hearing may be conducted, as Director, the Chairman of the Fellow- determined by the Chairman of the Felship Review Panel shall refer the case lowship Review Board, before the full to a Fellowship Review Board, consti- Fellowship Review Board as the hearing tuted as provided in $ 630.2(c), for the body, or before a Hearing Officer. The purpose of recommending to the Director Hearing Officer may be (a) one of the and the National Science Board, on the members of the Fellowship Review basis of a preponderance of the evidence, Board or (b) a nonmember who is qualafter affording to the individual con ified as a Hearing Officer under the Adcerned an opportunity for a fair hear ministrative Procedure Act. ing, whether the fellowship or scholar 8 630.6 Preliminary decision; initial de ship award should be denied or discon
cision; final action. tinued by the Foundation on grounds
When the hearing is conducted by the involving, in accordance with applicable
Fellowship Review Board itself, it shall criteria, the moral character or loyalty
prepare an initial decision for submisof the applicant for, or holder of the
sion to the Director. When the hearing award. The Fellowship Review Board's is conducted before a Hearing Officer, recommendation shall be embodied in an the Hearing Officer shall prepare a preinitial decision in accordance with liminary decision for submission to the $ 630.2(h).
Fellowship Review Board. The pre
liminary decision shall be reviewed by 8 630.4 Procedural safeguards.
the Fellowship Review Board and shall The Fellowship Review Board shall become the initial decision of the Fellowtake appropriate steps to afford the indi ship Review Board unless, and to the vidual concerned an opportunity for a extent that, it is changed or modified by fair hearing, which shall include pro- the Fellowship Review Board. The ini. visions designed to assure to such indi- tial decision of the Fellowship Review vidual the following:
Board shall be transmitted to the Director, who shall in turn transmit it to cial or nonprofit, engaged in or intend. the National Science Board, which shall ing to engage in, any weather modificathen consider it and take such final ac- tion activity (including research) intion thereon as it shall deem to be appro tended to modify the atmosphere through priate.
artificial means. Such activities include, & 630.7 Notice to the individual con
but are not limited to, any of the followcerned and opportunity to submit
ing: comment on preliminary decision
(a) Intentional seeding of clouds and and initial decision.
fog to alter drop size distribution, pro
duce ice crystals, produce coagulation Copies of the preliminary decision, if
of droplets, or in any way to influence any, and of the initial decision shall be
the natural development cycle of the mailed promptly by the Hearing Officer
cloud or its environment by dispersing or the Fellowship Review Board, as the
into it any material or gas such as silver case may be, to the individual, or his
iodide, lead iodide, carbon black, dry ice, counsel, with a notice affording him an
ammonia, etc. opportunity to submit written comments
(b) Intentional initiation of large heat thereon, within a specified reasonable
sources or fires to influence convective time, to the Fellowship Review Board in
circulation or evaporate fog. the case of a preliminary decision, and
(c) Intentional modification of solar to the Director in the case of an initial
radiation exchange of the earth or clouds decision,
through the release of gases, dusts, liq
uids, or aerosols into the atmosphere. PART 635_-KEEPING OF RECORDS
(d) Intentional modification of the AND FURNISHING OF REPORTS IN energy transfer characteristics of the CONNECTION WITH WEATHER earth's land or water surface by dusting MODIFICATION ACTIVITIES
with powders, liquid sprays, or dyes.
(e) Intentional release of electrically Sec.
charged particles, radioactive particles 635.1 Purpose.
or ions into the atmosphere to alter its 635.2 Application of part. 635.3 Reporting request.
electrical field pattern or produce local635.4 Maintenance of logs.
ized electrical field anomalies. 635.5 Retention of records.
(f) Intentional application of shock 635.6 Disclosure of information,
waves, sonic energy sources, or other AUTHORITY: The provisions of this part
explosive or acoustic sources to the at635 issued under sec. 3(a) (3), 82 Stat. 360
C. 3(A) (3). 82 Stat. 360 mosphere to influence cloud growth, disand sec. 11(a), 64 Stat. 149, 153; 42 U.S.C. sipation, or precipitation patterns. 1870.
§ 635.3 Reporting request. SOURCE: The provisions of this part 635 appear at 30 F.R. 16202, Dec. 29, 1965, unless
(a) Prior notice. Each individual or otherwise noted.
organization intending to engage in any
weather modification activity on or after 8 635.1 Purpose.
September 1, 1968, is requested when The purpose of this part is to develop possible to give at least 30 days advance information for use in carrying out notice to the Foundation of intention to study, research and evaluation in the engage in such activity. Please submit field of weather modification as author- such notice on a Foundation report form, ized by the National Science Foundation copies of which will be made available Act of 1950, as amended, and fostering upon request from the National Science the interchange of scientific information Foundation, Washington, D.C. 20550. with respect to weather modification. When intention to engage in a weather The information requested under this modification activity develops less than regulation is not available elsewhere 30 days prior to the planned activity, the and therefore can only be obtained from report should be forwarded to the Individuals and organizations engaged in Foundation by airmail at the earliest weather modification activities.
possible time. (30 F.R. 16202, Dec. 29, 1965, as amended (b) Activity reports. After the weathat 33 F.R. 12654, Sept. 6, 1968]
er modification activity reported pur
suant to $ 635.3(a) of this section has 8 635.2 Application of part.
commenced, each person or organization This part applies to any person, and engaged in such activity is requested to to any organization, whether commer- submit to the Foundation an activity re
port on field operations on a quarterly basis. Please submit this report on the form referred to in § 635.3(a) of this section. (30 FR. 16202, Dec. 29, 1965, as amended at 33 F.R. 12654, Sept. 6, 1968) 8 635.4 Maintenance of logs.
Each individual or organization engaging in a weather modification activity is requested to maintain a daily log of such activity. The log should contain all relevant facts, including the following:
(a) Daily Log of Ground Weather Modification Activities (including Seeding Releases) :
(1) When readily available to project personnel during observational period, description of meteorological situation in target area and control area such as types of clouds, percent cloud cover, temperature, humidity, appearance of lightning, hail, funnel clouds, severe rain, snow and unusual radar patterns should be recorded.
(2) Quantitative measurements of precipitation obtained from nonfederally operated sources such as rain gauges, snow pillows, radar, optical transmissometers and streamflow gauges, in target and control areas.
(3) Any pertinent remarks on unusual results or significant events in the progress of the project should be entered in the log if they would contribute significantly to the technical evaluation of the project.
(4) In the case of the operation of a ground silver iodide generator or other dispenser of particles, aerosols or gases, the daily log should include:
(1) Location of each weather modification device or generator in use.
(ii) Name of individual responsible for turning each weather modification device or generator on or off.
(iii) Time each weather modification device or generator was turned on and turned off
(iv) Basis or criteria for turning on or off each weather modification device or generator.
(v) Type of material dispersed by each weather modification device or generator.
(vi) Rate of material release of each weather modification device or generator during operation.
(vii) Total material released by each weather modification device or generator during each operational period.
(b) Daily Log of Airborne or Mobile Weather Modification Activities (including Seeding Releases):
(1) Complete log of each aircraft flight or mobile generator run including, but not necessarily limited to, ground track. altitude, air speed. times check points, release points of seeding or other charges, temperature, average wind direction and speed at release altitude, and, for aircraft, specify type of aircraft, airport or airports used and names of crew members.
(2) All other pertinent information as listed above for ground weather modification activities. 130 F.R. 16202, Dec. 29, 1965, as amended at 33 F.R. 12654, Sept. 6, 1968) 8 635.5 Retention of records.
In the interest of assisting scientific research, it is requested that the operating logs and records mentioned in 8 635.4 be retained for a period of not less than 5 years and be made available for inspection or reproduction by the National Science Foundation when requested. (33 F.R. 12654, Sept. 6, 1968) § 635.6 Disclosure of information.
Information developed as a result of the reporting procedures set forth her shall be made publicly available on a periodic basis by the Foundation. This information will not include trade secrets or other data required to be kept confidential under section 1905 of Title 18 of the United States Code. Individuals and organizations reporting weather modification activities may request that information which they consider to be included within the scope of 18 U.S.C. 1905 be withheld from public disclosure and the Foundation will grant such requests to the extent permitted by law. (30 F.R. 16202, Dec. 29, 1965, as amended at 33 F.R. 12654, Sept. 6, 1968)
CHAPTER VII-COMMISSION ON CIVIL RIGHTS
Part 701 702
Organization and functions of the Commission.
PART 701-ORGANIZATION AND FUNCTIONS OF THE COMMISSION
Subpart A- Operations and Functions Sec. 701.1 Establishment. 701.2 Responsibilities.
Subpart B-Organization Statement 701.11 Membership of the Commission. 701.12 Staff organization. 701.13 Field offices.
AUTHORITY: The provisions of this part 701 issued under secs. 101-106, 71 Stat. 634-636, as amended; 42 U.S.C. 1975-1975e.
SOURCE: The provisions of this Part 701 appear at 32 F.R. 4062, Mar. 15, 1967, unless otherwise noted. Subpart A-Operations and
Functions $ 701.1 Establishment.
The U.S. Commission on Civil Rights (hereinafter referred to as the “Commission") is a bipartisan agency of the Executive branch of the Government. Established under the Civil Rights Act of 1957, 71 Stat. 634, the Commission derives its responsibilities from that Act and from amendments to it in the Civil Rights Act of 1960, 74 Stat. 86, in the Civil Rights Act of 1964, 78 Stat. 241, and by 81 Stat. 582 (1967). (Hereinafter the
1957 Act as amended will be referred to as “the Act.") (33 F.R. 14406, Sept. 25, 1968) § 701.2 Responsibilities.
(a) The Commission's responsibilities under section 104(a) of the Act may be summarized briefly as follows:
(1) Investigating sworn allegations that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of color, race, religion, or national origin;
(2) Studying and collecting information concerning legal developments constituting a denial of equal protection of the laws under the Constitution;
(3) Appraising the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution;
(4) Serving as a national clearinghouse for information in respect to denials of equal protection of the laws because of race, color, religion, or national origin;
(5) Investigating sworn allegations that citizens are being accorded or denied the right to vote in Federal elections as a result of patterns or practices of fraud or discrimination.
(b) Under section 104 (b) of the Act the Commission is charged with: The