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PART 907–ENVIRONMENTAL individual data sheets, reproductions of INFORMATION

original graphic recordings, and aerial

photographs. These are available at 8 907.1 Environmental information.

varying prices, from various ofices within (a) NOAA gathers, processes, and NOAA. Also navigation charts may be issues information on weather condi- purchased from contract sales agents, tions, river water height, coastal tid generally airport and marina operators. and current, movement of ocean cur- Catalogs or price lists of items in this rents, structure and shape of ocean

category are available on request. Navibasins, seismic activity, the precise size

gation chart catalogs are available from and shape of the earth, and conditions

the Chief, Distribution Division (C44), of the upper atmosphere and space. It NOAA, Rockville, Md. 20852. Price lists issues warnings against hurricanes, tor- of climatological data, geophysical data, nadoes, floods, and seismic sea-waves

and geodetic data are available from the to areas in danger.

Director, Office of Data Information (b) NOAA information falls into three (D4), NOAA, Silver Spring, Md. 20910. broad categories, namely:

Requests or inquiries concerning other (1) Current information and warn- information in the longer term category, Ings on the dynamic or continually

but excluding scientific and technical rechanging aspects of the environment, search publications, may be sent to the such as the weather and other geophysi

Chief, Administrative Controls Branch cal phenomena.

(AD14), NOAA, Rockville, Md. 20852, for (2) Longer term information, such as referral to the responsible office. navigation charts, compilations or sum- (3) Scientific and technical research maries of historical environmental data, publications are disseminated in the and earth and Ocean surveys and form of printed journals, monographs, measurements.

reports, and other paperbound publica(3) Scientific and technical research tions. These range over the broad specpublications dealing with the earth trum of the physical environment. Deaces.

tails concerning publications available (c) NOAA information is available in and the prices may be obtained from many forms and from many sources the Chief, Scientific Information and throughout NOAA.

Documentation Division (AD7), NOAA (1) Current information is dissemi- Rockville, Md. 20852. Many of NOAA's nated in the form of forecasts, advisories, scientific and technical research publland warnings, directly by the local of- cations are sold by the Clearinghouse for fices of NOAA, of which there are Federal Scientific and Technical Inforapproximately 350, or through relaying mation, Springfield, Va. 22151, and by Intermediaries, such as radio and TV the Superintendent of Documents, Washstations and telephone recorders. The ington, D.C. 20402. Additional details address of local NOAA offices can be concerning NOAA's scientific and techobtained by consulting local phone nical publications are given in Appendix directories, generally under the head- B of the U.S. Government Organization ing of Commerce Department National Manual, published annually. Oceanic and Atmospheric Administra- (Reorganization Plan No. 2 of 1986, 6 U.S.C. tion. The prime medium for dis- App. 1332–15 note) (32 F.R. 16257, Nov. 29, seminating weather information for the 1967, as amended at 35 F.R. 19247, Dec. 19, United States is the Daily Weather

1970] Map, which is available on a subscription basis. There is also published a PART 908—MAINTAINING RECORDS Weekly Weather and Crop Bulletin,

AND SUBMITTING REPORTS ON which narrates on a weekly basis tho weather conditions and crop progress

WEATHER MODIFICATION ACTIVIduring the reporting period, generally

TIES on a State-by-State basis. Both the Daily Sec. Weather Map and the Weekly Weather 908.1 Definitions. and Crop Bulletin may be ordered from

908.2 Persons subject to reporting.

908.3 the Superintendent of Documents, Wash

Activities subject to reporting.

908.4 Initial report. ington, D.C. 20402.

908.5 Interim reports. (2) Longer term information is avail.

908.6 Final report. able in various forms, such as charts, 908.7 Supplemental reports. maps, books, and pamphlets, tabulations, 908.8 Maintenance of records.

Sec. 908.9 Retention of records. 908.10 Penalties. 908.11 Maintenance of records of related

activities. 908.12 Public disclosure of information. 908.13 Address of letters. 908.14 Business to be transacted in writing. 908.15 Times for taking action: expiration

on Saturday, Sunday, or holiday. 908.16 Signature. 908.17 Suspension or walver of rules. 908.18 Matters not specifically provided for

in rules. 908.19 Publication of notice of proposed

amendments. 908.20 Effective date. 908.21 Report form.

AUTHORITY: The provisions of this Part 908 issued pursuant to the authority contained in Public Law 92–205, 85 Stat. 735, December 18, 1971.

SOURCE: The provisions of this part 908 appear at 37 F.R. 22974, Oct. 27, 1972, unless otherwise noted. $ 908.1 Definitions.

As used in this part, terms shall have the meaning ascribed in this section.

(a) Administrator. The Administrator of the National Oceanic and Atmospheric Administration.

(b) Person. Any individual, corporation, company, association, firm, partnership, society, joint stock company, any State or local government or any agency thereof, or any other organization, whether commercial or nonprofit, except where acting solely as an employee, agent, or independent contractor of the Federal Government.

(c) Weather modification activity. Any activity performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere.

(d) United States. The several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or insular possession of the United States.

(e) Persons whose activities relate to weather modification. Persons engaged in weather modification activities or engaged in the distribution or sale of weather modification ipparatus or materials known by them to be destined for use in weather modification activities.

(f) Project. A related series of weather modification activities having a common objective.

(g) Modification mission. One or more airborne weather modification activities intended to affect the same target area,

or one or more weather modification activities carried out by items of groundbased weather modification apparatus intended to affect the same target area. For purposes of these rules, activities that extend beyond 1 calendar day shall constitute a separate mission for each day that they continue.

(h) Target area. The ground area within which the effects of the weather modification activity are expected to be found.

(i) Control area. A preselected, untreated ground area used for comparison with a target area.

(j) Weather modification apparatus. Any apparatus used with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere. For example: Seeding generators, propane devices, flares, rockets, artillery projectiles, jet engines, etc. 8 908.2 Persons subject to reporting.

Any person engaged or intending to engage in any weather modification activity in the United States shall be subject to the reporting provisions of this part. 8 908.3 Activities subject to reporting.

(a) The following, when conducted as weather modification activities, shall be subject to reporting:

(1) Seeding or dispersing of any substance into clouds or fog, to alter drop size distribution, produce ice crystals or coagulation of droplets, alter the development of hail or lightning, or influence in any way the natural development cycle of clouds or their environment;

(2) Using fires or heat sources to influence convective circulation

or to evaporate fog;

(3) Modifying the solar radiation exchange of the earth or clouds, through the release of gases, dusts, liquids, or aerosols into the atmosphere;

(4) Modifying the characteristics of land or water surfaces by dusting or treating with powders, liquid sprays, dyes, or other materials;

(5) Releasing electrically charged or radioactive particles, or ions, into the atmosphere;

(6) Applying shock waves, sonic energy sources, or other explosive or acoustic sources to the atmosphere;

(7) Using aircraft propeller downwash, jet wash, or other sources of artificial wind generation; or

(8) Using lasers or other sources of information as the Administrator may electromagnetic radiation.

request the person to submit. (b) In addition to the activities listed (b) If circumstances prevent the signabove, other similar activities falling ing of a contract or agreement to perwithin the definition of weather modi- form, or receipt of an authorization to fication as set forth in § 908.1 are also proceed with, a weather modification acsubject to reporting.

tivity at a date early enough to comply (c) The requirement for reporting with paragraph (a) of this section, the shall not apply to activities of a purely initial report shall be provided so as to local nature that can reasonably be ex- be received by the Administrator within pected not to modify the weather outside 10 days of the date of signing of the conof the area of operation. This exception tract or agreement, or receipt of authoris presently restricted to the use of light- ization to proceed. In such cases, the rening deflection or static discharge devices port shall be accompanied by an explanain aircraft, boats, or buildings, and to the tion as to why it was not submitted at use of small heat sources, fans, fogging least 10 days prior to the commencement devices, aircraft downwash, or sprays to of the activity. prevent the occurrence of frost in tracts (c) In the event that circumstances or fields planted with crops susceptible beyond the control of the person liable to frost or freeze damage. Other excep- to report under these regulations pretions may be made in the future by rule vent the submission of the initial report of the Administrator.

in a timely manner as described above, $ 908.4 Initial report.

the report shall be forwarded as early

as possible, accompanied by an explana(a) Any person intending to engage in

tion as to why a timely report has not any weather modification project or ac- been provided. If such explanation is tivity in the United States shall provide deemed adequate, the Administrator will a report of his intention, to be received consider the notice as timely filed. by the Administrator at least 10 days before the commencement of such proj

8 908.5 Interim reports. ect or activity. This report shall contain (a) Any person engaged in a weather at least the following:

modification project or activity in the (1) The designation, if any, used by United States on October 1 in any year the operator for the project or activity; shall submit to the Administrator, not

(2) The following dates for weather later than 90 days thereafter, an interim modification activities:

report setting forth as of such date the (i) The date the first actual weather information required below with respect modification activity is to be undertaken; to any such continuing project or activ

(11) The date on which the final modi- ity not previously furnished to the Adfication activity is expected to occur; ministrator in a prior interim report; (3) The name and address of the per

provided that the October date shall son for whom the project or activity is to not apply if other arrangements have be performed;

previously been made with the written (4) The purpose of the project or ac- approval of the Administrator. tivity;

(b) The interim report shall include (5) A map showing the approximate

the file number assigned by the Adsize and location of the target and con

ministrator and shall provide a summary trol areas, and the location of each item of the project or activity containing at of ground-based weather modification

least the following information for each apparatus, precipitation measuring de

month: vice, and, for airborne operations, the

(1) Number of days on which actual airport;

modification activities took place; (6) A description of the weather modi

(2) Number of days on which weather fication apparatus, modification agents,

modification activities were conducted, and the techniques to be employed; segregated by each of the predominant (7) The name and address of the re

types of weather phenomena; sponsible individual from whom log books (3) Number of modification missions or other records of the project or activity that were carried out; may be obtained; and

(4) Total number of hours of opera(8) Optional remarks, to include any tion of each type of weather modificaadditional items which the person deems tion apparatus (i.e., net hours of agent significant or of interest and such other release);

(5) Total amount of agent used. If more than one agent was used, each should be totaled separately (e.g., carbon dioxide, sodium chloride, urea, silver iodide).

(c) The totals for the items in paragraph (b) of this section shall be provided for the period covered by the interim report. $ 908.6 Final report.

Upon completion of a weather modification project or activity the person who performed the same shall submii a report to the Administrator not later than 90 days after completion of the project or activity. The report shall include the file number assigned by the Administrator and following items:

(a) Information required for the interim reports (to the extent not previously reported).

(b) The total number of days on which actual modification activities took place during the project or activity.

(c) The total number of days during the project or activity on which weather modification activities were conducted, segregated by each of the predominant types of weather phenomena.

(d) The total number of modification missions that were carried out under the project or activity.

(e) The total number of hours of operation of each type of weather modification apparatus during the project or activity (i.e., net hours of agent release).

(f) The total amount of modification agent(s) dispensed during the project or activity. If more than one agent was used, each should be totaled separately (e.g., carbon dioxide, sodium chloride, urea, silver iodide).

(g) The date on which the final weather modification activity occurred. $ 908.7 Supplemental reports.

Notwithstanding other regulations, a supplemental report in letter form referring to the appropriate NOAA file number, if assigned, must be made to the Administrator immediately if any report of weather modification activities submitted under $ 908.4, § 908.5, or $ 908.6 is found to contain any material inaccuracies, misstatements, and omissions. A supplemental report must also be made if there are changes in plans for the project or activity. 8 908.8 Maintenance of records.

(a) Any person engaging in a weather modification activity in the United States

shall maintain a record of such activity. This record shall contain at least the following, when applicable:

(1) A chronological record of activities carried on, preferably in the form of a daily log, which shall include the NOAA file number assigned to the project, the designation of each unit of weather modification apparatus, and at least the following information for each unit:

(i) Date of the weather modification activity.

(ii) Position of each aircraft or location of each item of weather modification apparatus during each modification mission. Maps Inay be used.

(iii) Time when weather modification activity began and ended.

(iv) Total duration of operation of each unit of weather modification apparatus (i.e., net hours of agent release).

(v) Type of each modification agent used.

(vi) Rate of dispersal of each agent during the period of actual operation of weather modification apparatus.

(vii) Total amount of agent used. If more than one agent was used, report total for each type separately.

(viii) Number of days on which weather modification activities were conducted, segregated by the predominant types of weather phenomena.

(2) The monthly totals of hours of modification activity, the amount of modification agent used, and the number of days on which weather modification activities were conducted, segregated by each of the predominant types of weather phenomena, shall be shown on the daily log sheet for the last day of each month.' (b) When the

activity involves ground-based weather modification apparatus, records of the following shall also be maintained, when applicable, but need not be made part of the daily log:

(1) The location of each item of weather modification apparatus in use and its identification such as type and manufacturer's model number. If the apparatus is not commercially available, a brief description of the apparatus and the method of operation should be recorded.

(2) The name and address of the person responsible for operating each weather modification apparatus;

1 Filed as part of the original document.

(3) The altitude and type of weather tion 2 of Public Law 92–205 shall subject phenomenon subjected to weather modi- the person violating such rule to a fine fication activity during each operational of not more than $10,000, upon convicperiod (e.g., cumulus clouds between tion thereof. 10,000 and 30,000 feet m.s.l.; ground fog). (c) When the activity involves air

$ 908.11 Maintenance of records of re

lated activities. borne weather modification apparatus, records of the following shall also be (a) Persons whose activities relate to maintained, when applicable, but need weather modification activities, other not be made a part of the daily log: than persons engaged in weather modifi

For each airborne weather modifica- cation activities, shall maintain records tion apparatus run: altitude, air speed; concerning the identities of purchasers release points of modification agents, or users of weather modification apparamethod of modification and characteris

tus or materials, the quantities or numtics of flares, rockets, or other delivery

bers of items purchased, and the times systems employed; temperature at re

of such purchases. Such information lease altitude; and, for aircraft: the type

shall be retained for at least 5 years. of aircraft, its identification number, the airport or airports used, and the names

(b) In addition, persons whose activi

ties relate to weather modification shall and addresses of crew members and the person responsible for operating the

be required, under the authority of secweather modification apparatus; and the

tion 4 of Public Law 92-205, to provide altitude and type of weather phenome

the Administrator, on his request, with non subjected to weather modification

information he deems necessary to carry activity during each operational period out the purposes of this act. (e.g., cumulus clouds between 10,000 and

$ 908.12 Public disclosure of informa30,000 feet m.s.l.; ground fog).

tion. (d) The following records shall also be maintained, whenever applicable, but

(a) Any records or other information need not be made a part of the daily log.

obtained by the Administrator under Only data specifically collected for the these rules or otherwise under the aureported activity need be retained; data thority of Public Law 92–205 shall be available from other sources need not be made publicly available to the fullest included.

practicable extent. Such records or in(1) Any descriptions that were re- formation may be inspected on written corded of meteorological conditions in

request to the Administrator. However, target and control areas during the pe- the Administrator will not disclose any riods of operation; for example: percent information referred to in section 1905 of cloud cover, temperature, humidity,

of title 18, United States Code, and that the presence of lightning, hail, funnel

is otherwise unavailable to the public, clouds, heavy rain or snow, and unusual

except that such information shall be radar patterns.

disclosed (2) All measurements made of pre

(1) To other Federal Government decipitation in target and control areas.

partments, agencies, and officials for offi(3) Any unusual results.

cial use upon request; $ 908.9 Retention of records.

(2) In any judicial proceeding under

a court order formulated to preserve the Records required under $ 908.8 shall

confidentiality of such information withbe retained and available for inspection by the Administrator or his designated

out impairing the proceeding; and

(3) To the public, if necessary to prorepresentatives for 5 years after completion of the activity to which they relate.

tect their health and safety.

(b) Such records shall be required to be pro

ertified copies of uch reports duced for inspection only at the place

and information, to the extent pubwhere normally kept. The Administra

licly disclosable, may be obtained from tor shall have the right to make copies

the Administrator at cost in accordance of such records, if he deems necessary.

with the Department of Commerce im

plementation of the Freedom of Infor8 908.10 Penalties.

mation Act. Knowing and willful violation of any (c) Persons reporting on weather modrule adopted under the authority of sec- ification projects or related activities

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