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CHAPTER IX-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
SUBCHAPTER A-GENERAL REGULATIONS
Part 903 906 907 908
SUBCHAPTER C-GENERAL REGULATIONS OF THE WEATHER BUREAU
945 Rules for guidance of the public.
SUBCHAPTER A GENERAL REGULATIONS PART 903—PUBLIC INFORMATION SOURCE: The provisions of this Part 903
appear at 32 F.R. 13184, Sept. 16, 1967; 35 F.R. Sec.
19249, Dec. 19, 1970, unless otherwise noted. 903.1 Scope and purpose. 903.2 Policies.
8 903.1 Scope and purpose. Definitions.
This part establishes the rules whereby 903.4 Publication in the FEDERAL REGISTER. 903.5 Avallability of materials for inspec
the materials specified in 5 U.S.C. 552(a) tion and copying.
(2), and the identifiable records of the 903.6 Requests for identifiable records.
following organizations of the National 903.7 Determination of availability of Oceanic and Atmospheric Administrarecords.
tion (NOAA) requested under 5 U.S.C. 903.8 Fees and charges.
552(a) (3) are to be made publicly avail903.9 Arrangements for public inspection
able: and copying of available records. 903.10 Requests for reconsideration of non
(a) The Office of the Administrator availability.
and the Office of the Federal Coordinator 903.11 Subpoena or other compulsory proc for Meteorological Services and Sup
porting Research. AUTHORITY: The provisions of this part 903
(b) The general and special staff ofned under 5 TSC 552 553: Reorg Plan fices of the Administration. No. 2 of 1965, 15 U.S.O. 811 nt; 32 F.R. 9734,
(c) The National Weather Service. 31 F.R. 10752.
(d) The National Ocean Survey.
(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. $ 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, de& 903.4 Publication in the Federal Reg.
lete identifying details when it makes ister.
available or publishes an opinion, state
ment of policy, interpretation, staff (a) Those materials which are re
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 Department of Commerce, including any
ecutive Boulevard, Rockville, Md. Mail
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.
facility is Area Code 301, 496–8595. This (3) Notices or otherwise in the FED
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
no fees or formal requirements for such of the Federal Register.
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 $ 903.8. and copying at the facility identified in $ 903.5(c).
& 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 informe
one of the organizations listed in g 903.1 complete in some substantial and mateshould contact the appropriate ofico 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 org&office 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 &
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 orgason 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 oficial 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 the application for completeness, and will
$ 903.8 Fees and charges. 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 8 903.7, 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 fee—per man-hour
type may be made to the record being $5. 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 (ii) Photocopy or similar processUp 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 8 903.8. and separate paper covers are to be considered
(d) Copies of transcripts of hearings as four pages.
will be made available for inspection (5) 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
shall be referred to the reporting service. to be shipped to a point other than the 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 ac
(a) Any person whose application to tual cost exceeds the estimate, the appli
inspect a record has been denied under cant will have the option of either pay
$ 903.7(c) may request a reconsideration ing any additional costs, or inspecting 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
should be made by completing the apestimated payment is $1 or more in ex
plicable portion of the Form CD-244 cess of both the actual cost and the min
and returning it to the NOAA Public Refimum charge, a refund will be made of
erence Facility within 30 days followthe excess above the higher of these two
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
for reconsideration, the applicant should affect fees charged for other services to
include any written arguments he dethe public, as may be performed under
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).
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.
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