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CHAPTER IX-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

SUBCHAPTER A-GENERAL REGULATIONS

Part 903 906 907 908

Public information.
International affairs.
Environmental information.
Maintaining records and submitting reports on weather modification

activities.
The U.S. geostationary operational environmental satellite data collection

system.
Coastal zone management program development grants.

SUBCHAPTER B—[RESERVED]

911

920

SUBCHAPTER 6-GENERAL REGULATIONS OF THE WEATHER BUREAU

945

Rules for guidance of the public.

SUBCHAPTER A GENERAL REGULATIONS

PART 903—PUBLIC INFORMATION Sec. 903.1 Scope and purpose. 903.2 Policies. 903.3 Definitions. 903.4 Publication in the FEDERAL REGISTR. 903.5 Availability of materials for inspec

tion and copying. 903.6 Requests for identifiable records. 903.7 Determination of availability of

records. 903.8 Fees and charges. 903.9 Arrangements for public inspection

and copying of available records. 903.10 Requests for reconsideration of non

availability. 903.11 Subpoena or other compulsory proc

ess.

SOURCE: The provisions of this part 903 appear at 32 F.R. 13184, Sept. 16, 1967; 35 F.R. 19249, Dec. 19, 1970, unless otherwise noted. 8 903.1 Scope and purpose.

This part establishes the rules whereby the materials specified in 5 U.S.C. 552(&) (2), and the identifiable records of the following organizations of the National Oceanic and Atmospheric Administration (NOAA) requested under 5 U.S.C. 552(a) (3) are to be made publicly available:

(a) The Office of the Administrator and the Ofice of the Federal Coordinator for Meteorological Services and Supporting Research.

(b) The general and special staff offices of the Administration.

(c) The National Weather Service. (d) The National Ocean Survey.

AUTHORITY: The provisions of this Part 903 Issued under 5 U.S.C. 552, 553; Reorg. Plan No. 2 of 1965, 16 U.S.C. 311 nt; 32 F.R. 9734, 81 FR. 10752.

(e) The Environmental Data Service. (1) Final opinions, including concur

(f) The National Environmental Sat- ring and dissenting opinions, as well as ellite Center.

orders, made in the adjudication of (g) The Institutes for Environmental cases; Research.

(2) Statements of policy and interpre

tations adopted by NOAA and not pub8 903.2 Policies.

lished in the FEDERAL REGISTER; Policies and other factors considered in (3) Administrative staff manuals and issuing the rules in this part are set instructions to staff that affect a member forth in Department of Commerce Order of the public; 64 (32 F.R. 9734) and Part 4 of this title.

(4) A current index providing identi. 8 903.3 Definitions.

fying information for the public as to

any matter issued, adopted, or promul(a) To the extent that terms used in

gated after July 4, 1967, and required to this part are defined in 5 U.S.C. 551, they

be made available or published by 5 shall have the same definition herein.

U.S.C. 552(a) (2); (b) The organizational units defined

(5) Such additional materials as the in the terms “Office of the Administra

NOAA Public Reference Facility may tor," "Federal Coordinator for Meteoro

consider desirable and practicable to logical Services and Supporting Re

make available for the convenience of the search" "general staff offices,” and “spe

public. cial staff offices,” are identified in De

(b) NOAA may, to prevent unwarpartment Order 2B (31 F.R. 10700).

ranted invasion of personal privacy, de8 903.4 Publication in the Federal Reg.

lete identifying details when it makes ister.

available or publishes an opinion, state(a) Those materials which are re

ment of policy, interpretation, staff

manual or instruction, and will, in each quired to be published in the FEDERAL

such case, explain in writing the justifiREGISTER pursuant to the provisions of

cation for the deletion. of 5 U.S.C. 552(a) (1) have been and will

(c) The above materials may be incontinue to be published in the FEDERAL

spected in the NOAA Public Reference REGISTER in the form of or included in:

Facility, Room 424, Building 5, 6010 Ex(1) Department Orders of the De

ecutive Boulevard, Rockville, Md. Mail partment of Commerce, including any

to this facility should be addressed as supplements and appendices thereto,

follows: Administrative Controls Branch Secretary of Commerce Circulars, and

(AD14), National Oceanic and AtmosDepartment Administrative Orders.

pheric Administration, Rockville, Md. (2) NOAA rules and regulations set

20852. The telephone number for this forth in this part. (3) Notices or otherwise in the FED

facility is Area Code 301, 496–8595. This

facility is open to the public Monday ERAL REGISTER.

through Friday of each week, except on (4) Other publications, when incor

official Federal holidays, between the porated by reference in the FEDERAL REG

hours of 9 a.m. and 4:30 p.m. There are ISTER with the approval of the Director of the Federal Register.

no fees or formal requirements for such

inspections. Photo copies of these mate(b) Those materials which are pub

rials can be provided on demand at the Lished in the FEDERAL REGISTER pursuant

prices established in § 903.8. In addition, to 5 U.S.C. 552(a) (1) will, to the extent

printed copies of various administrative practicable and to further assist the

publications may be purchased from the public, be made available for inspection facility, at the price established in 8 903.8. and copying at the facility identified in $ 903.5(c).

8 903.6 Requests for identifiable rec.

ords. 8 903.5 Availability of materials for in

(a) The procedures of this section are spection and copying.

applicable only to the records of the or(a) The Assistant Administrator for ganizations listed in § 903.1 and only to Administration and Technical Services those records not customarily available will, as provided in 5 U.S.C. 552(a) (2) to the public as part of the regular inand subject to other provisions of law, formation activities of NOAA. A person establish and maintain an NOAA Public desiring to inspect or copy a record or Reference Facility for the public inspec- obtain other information about or from tion and copying of:

responsible for providing such informeone of the organizations listed in $ 903.1 complete in some substantial and mateshould contact the appropriate offico rial respect, it will be promptly returned responsible for providing such informa- to the applicant to complete. tion to the public. Such information offi.

$ 903.7 Determination of availability ces are listed in one or more of the fol

of records. lowing: (1) The "public information appendices” to the relevant Department (a) Upon finding that the application orders, which are published in the FED- is otherwise in order, the NOAA Public ERAL REGISTER, (2) various guides and Reference Facility will determine: handbooks issued by the Department and

(1) Whether the requested record can its operating units, (3) the U.S. Govern

be identified on the basis of the informament Organization Manual, and (4) the tion supplied by the applicant. If the Department of Commerce Telephone Di- facility cannot identify the record, it rectory. The latter two publications are will return the application, specifying for sale by the Superintendent of Docu- why the record is not identifiable and ments, Washington, D.C. 20402. what additional clarification, if any, the (b) If the appropriate information

applicant may make to assist the orgaoffice is not known, the public should di

nization in its identification. rect its inquiries to the NOAA Public Ref- (2) Whether the record, if identifiable, erence Facility identified in $ 903.5(c).

is still in existence and in the possession This facility will route the request, if it

of ESSA. If the record no longer exists, appears to be for information regularly the applicant will be so notified. If the available, to the appropriate informa

record is not in NOAA's possession and tion office; if the request is for other

its existence is not otherwise reasonably types of information, the facility will

ascertainable, the applicant will be so advise the inquirer as to how to proceed.

notified. If the requested record is in (c) A person who wishes to inspect a

another organization of the Department, record not part of the regular informa

or is the exclusive or primary concern of tion activities of NOAA should complete

another executive department or agency, Form CD-244, “Application To Inspect

the application for such record will be Records”, and submit this form, in per

promptly referred to that other org&son or by mail, to the NOAA Public Refer

nization or agency for further action unence Facility. Copies of Form CD-244 are

der its rules, and the applicant will be available from this facility and from promptly informed of this referral. many of the information offices of NOAA.

(b) If the requested record is identifi(d) An application form shall be sub

able and subject to NOAA's determinamitted for each record or group of rec

tion as to availability, the application ords related to the same general subject

will be reviewed by an official authorized, matter. Each application form shall be

pursuant to Department Order 64, to iniaccompanied by the nonrefundable ap

tially determine availability. plication fee of $2.

(c) If the authorized official deter(e) Detailed instructions for the com

mines that the record is not to be made pletion of Form CD-244 are stated on

available, he shall so notify the applicant the back of the form. Employees of the

in writing stating the reason(s) why the facility will assist the public to a reason

record is not being made available. able extent in completing the form; how

(d) If the authorized oficial deterever, the responsibility rests with the mines that the record is to be made availapplicant for identifying each record

able, he shall so notify the applicant sought in sufficient detail so that it can

specifying the estimated costs to be rebe located by personnel familiar with the covered in accordance with § 903.8. Upon filing of agency records. Each applica- payment of such estimated costs, subject tion shall clearly itemize, when there to adjustment as provided in § 903.8, the are more than one, each record requested record will be made available to the apso that it may be identified and its avail. plicant at the NOAA Public Reference ability separately determined.

Facility or transmitted to him by it. (f) The staff of the facility will review

$ 903.8 Fees and charges. the application for completeness, and will record receipt of the fee. If the applica- (a) Fees and charges are hereby estion appears in order, it will be processed tablished to recover costs for application by the facility as described in g 903.7, to handling, record searching, reproduction, determine if it is an identifiable and dis- certification, and authentication, and for closable record. If the application is in- related expenses incurred by NOAA.

(1) Application fee $2. This fee is non- may obtain certification of a machinerefundable, and covers costs of accepting and

copied record, subject to the fees estabreviewing the application, and making a de

lished in 903.8. termination as to the availability of the re

(b) No changes or alterations of any quested record, or group of related records.

(2) Records search feeper man-hour- type may be made to the record being 85. This fee covers the costs of locating the inspected, nor may any matter be added desired record, transporting it by Government to or subtracted therefrom. Papers bound messenger service to the point of inspection, or otherwise assembled in a record file supervising the inspection, and returning the

may not be disassembled during inspecrecord to its regular file. It also includes the

tion. Staff of the facility shall provide costs of any copies of records made at ESSA'S option. The minimum fee charged for rec

assistance if disassembly of a record is ords search will be $2.50.

necessary for copying purposes, and are (3) Copies of records, if requested by

authorized to supervise public inspection applicant:

as necessary to protect the records. The (1) Xerographic or similar process—Up to public is reminded of Title 18, United 9 x 14 inches (each page) - $0.25.

States Code, section 2701(a), which (11) Photocopy or similar process—Up to

makes it a crime to conceal, remove, mu12 x 18 inches (each page)-$1. Over 12 x 18 inches, but less than 18 x 25 inches (each)

tilate, obliterate, or destroy any record $2.

filed in any public office, or to attempt (4) Single printed copy of administrative to do any of the foregoing. publications—12 pages or less, 10 cents; 13 (c) If an applicant does not want to to 36 pages, 25 cents; 37 to 60 pages, 50 cents; inspect a record by personal visit to the 61 to 80 pages, 75 cents; 81 to 100 pages, $1; NOAA Public Reference Facility, he may and over 100 pages, 1 cent a page rounded

request that a copy thereof be mailed upward to the next quarter dollar. Each blank

to him, upon payment of the copying page and each introductory (Roman numeral) page is to be considered as one page,

and postage fees set forth in $ 903.8. and separate paper covers are to be considered

(d) Copies of transcripts of hearings as four pages.

will be made available for inspection (6) Certification fee, if requested, per when not in use. If NOAA's contract with certification-$1.

a reporting service stipulates that copies (6) Postage, registration, or other for- of such transcripts may be sold only by warding or packing fees-Actual cost (Appli

the latter, persons requesting copies cable only if copies of records are requested to be shipped to a point other than the

shall be referred to the reporting service. NOAA Public Reference Facility).

(e) When appropriate in the interests (b) All fees and charges will be col

of its program, NOAA may make exceplected in advance. The applicant will be

tions to established charges. given an estimate of the cost of records $ 903.10 Requests for reconsideration of search for each application where dis

nonavailability. closure availability is authorized. If actual cost exceeds the estimate, the appli

(a) Any person whose application to

inspect a record has been denied under cant will have the option of either paying any additional costs, or inspecting

§ 903.7(c) may request a reconsideration the requested record to the extent cov

of the initial denial, as set forth herein.

(b) The request for reconsideration ered by his payment. If the advance estimated payment is $1 or more in ex

should be made by completing the apcess of both the actual cost and the min

plicable portion of the Form CD-244 imum charge, a refund will be made of

and returning it to the NOAA Public Refthe excess above the higher of these two

erence Facility within 30 days follow

ing the date of the initial denial. (This amounts.

date is shown on the Form CD-244.) No (c) The above fees are established

additional fee is required to obtain resolely for services provided pursuant to

consideration. In submitting a request section 5 U.S.C. 552(a) (3), and do not affect fees charged for other services to

for reconsideration, the applicant should the public, as may be performed under

include any written arguments he de

sires to support his belief that the recother authorities.

ord requested should be made available. $ 903.9 Arrangements for public inspec- No personal appearance, oral agree

tion and copying of available records. ment or hearing shall be permitted. (a) During his inspection of the rec

(c) The decision upon such review ord at the NOAA Public Reference Facil- shall be made by the Administrator, ity, the applicant may extract or have NOAA, and shall be based upon the copied any portion of the record, and original application, the denial, and

any written argument submitted by the
applicant.

(d) The decision upon review shall be promptly made in writing and communicated to the applicant. If the decision is wholly or partly in favor of the applicant, the requested record to such extent will be made available for inspection, as described in $$ 903.8 and 903.9. To the extent that the decision is adverse to the request, the reasons for the denial will be stated.

(e) A decision upon review under this section shall constitute the final action and decision of NOAA as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a) (3).

(f) Reconsideration resulting in final decisions as prescribed herein will be indexed and kept available for public reference in the NOAA Public Reference Facility. & 903.11 Subpoena or other compulsory

process. Procedures applicable in the event of a subpoena, order, or other compulsory process or demand of a court or other authority are set forth in section 7 of Department Order 64 (32 F.R. 9734).

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scientific and technical functions of NOAA, through individual training and/ or through enrollment in recurring group courses. In individual or group training, the study program or course description is forwarded to the sponsor with the estimate cost or tuition fee and the amount of funds required for travel within the United States. Upon approval of the training program and the cost estimate, the sponsor informs the recipient of his acceptance and the date to begin training.

(c) Further information concerning eligibility of foreign nationals for training, course availability, course content, trainee qualifications, costs, funding, and other related information is available from the Director, International Affairs (IA), National Oceanic and Atmospheric Administration, Rockville, Md. 20852. $ 906.2 Foreign visitors.

(a) NOAA has been designated sponsor of an English-Visitor Program in accordance with the administrative regulations issued under the Mutual Educational and Cultural Exchange Act of 1961. The program is identified as Exchange-Visitor Program No. G-V-228, and has an oficial description as follows: “A program to provide training and research opportunities at the Administration's facilities in various parts of the United States, for qualified foreign specialists, as a measure to increase international rapport among those interested in the development of the environmental sciences, and to promote the general interests of international exchange.”

(b) In addition to the ExchangeVisitor Program described in paragraph (a) of this section, NOAA also accepts other visitors from various countries having a mutual interest with the United States in the environmental sciences. The duration of these visits extends from 1 to 10 days. Programs are arranged in accordance with the specific interests of the visitors and may include orientation, review, and consultation on: Organizational structure; operating methods; equipment and instrumentation; scientific and technical procedures; research; or exchange of ideas.

(c) Further information concerning international visits is available from the Director, International Affairs (IA), National Oceanic and Atmospheric Administration, Rockville, Md. 20852.

PART 906 INTERNATIONAL

AFFAIRS Sec. 906.1 International training. 906.2 Foreign visitors.

AUTHORITY: The provisions of this part 906 issued under sec. 3, 26 Stat. 653, secs. 4-6, 61 Stat. 788, R.S. 4685; 15 U.S.C. 313, 22 U.S.C. 501, 33 U.S.C. 883d8838, 884.

SOURCE: The provisions of this part 906 appear at 32 F.R. 16257, Nov. 29, 1967; 35 F.R. 19249, Dec. 19, 1970, unless otherwise noted. $ 906.1 International training.

(a) NOAA provides training in its disciplines for representatives from various developing countries throughout the world. Those trained consist of the recipients of fellowships awarded by the United Nations and its Specialized Agencies; and the recipients of training awards from the Agency for International Development (AID), the Military Assistance Program (MAP), and under bilateral agreements arranged by the Department of State in cooperation with the participating foreign governments.

(b) Requests are received from the sponsors to provide training in the

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