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(1) Application fee $2. This fee is nonrefundable, and covers costs of accepting and reviewing the application, and making a determination as to the availability of the requested record, or group of related records.

(2) Records search fee -per man-hour-$5. This fee covers the costs of locating the desired record, transporting it by Government messenger service to the point of inspection, supervising the inspection, and returning the record to its regular file. It also includes the costs of any copies of records made at ESSA's option. The minimum fee charged for records search will be $2.50.

(3) Copies of records, if requested by applicant:

(1) Xerographic or similar process Up to 9 x 14 inches (each page) -$0.25.

(ii) Photocopy or similar process—Up to 12 x 18 inches (each page) —$1. Over 12 x 18 inches, but less than 18 x 25 inches (each) $2.

(4) Single printed copy of administrative publications--12 pages or less, 10 cents; 13 to 36 pages, 25 cents; 37 to 60 pages, 50 cents; 61 to 80 pages, 75 cents; 81 to 100 pages, $1; and over 100 pages, cent a page rounded upward to the next quarter dollar. Each blank page and each introductory (Roman numeral) page is to be considered as one page, and separate paper covers are to be considered as four pages.

(5) Certification fee, if requested, per certification-$1.

(6) Postage, registration, or other forwarding or packing fees-Actual cost (Applicable only if copies of records are requested to be shipped to a point other than the NOAA Public Reference Facility).

(b) All fees and charges will be collected in advance. The applicant will be given an estimate of the cost of records search for each application where disclosure availability is authorized. If actual cost exceeds the estimate, the applicant will have the option of either paying any additional costs, or inspecting the requested record to the extent covered by his payment. If the advance estimated payment is $1 or more in excess of both the actual cost and the minimum charge, a refund will be made of the excess above the higher of these two amounts.

(c) The above fees are established solely for services provided pursuant to section 5 U.S.C. 552(a) (3), and do not affect fees charged for other services to the public, as may be performed under other authorities. $ 903.9 Arrangements for public inspec

tion and copying of available records. (a) During his inspection of the record at the NOAA Public Reference Facil

ity, the applicant may extract or have copied any portion of the record, and may obtain certification of a machinecopied record, subject to the fees established in $ 903.8.

(b) No changes or alterations of any type may be made to the record being inspected, nor may any matter be added to or subtracted therefrom. Papers bound or otherwise assembled in a record file may not be disassembled during inspection. Staff of the facility shall provide assistance if disassembly of a record is necessary for copying purposes, and are authorized to supervise public inspection as necessary to protect the records. The public is reminded of Title 18, United States Code, section 2701(a), which makes it a crime to conceal, remove, mutilate, obliterate, or destroy any record filed in any public office, or to attempt to do any of the foregoing.

(c) If an applicant does not want to inspect a record by personal visit to the NOAA Public Reference Facility, he may request that a copy thereof be mailed to him, upon payment of the copying and postage fees set forth in § 903.8.

(d) Copies of transcripts of hearings will be made available for inspection when not in use. If NOAA's contract with a reporting service stipulates that copies of such transcripts may be sold only by the latterpersons requesting copies shall be referred to the reporting service.

(e) When appropriate in the interests of its program, NOAA may make exceptions to established charges. 8 903.10 Requests for reconsideration of

nonavailability. (a) Any person whose application to inspect record has been denied under $ 903.7(c) may request a reconsideration of the initial denial, as set forth herein.

(b) The request for reconsideration should be made by completing the applicable portion of the Form CD-244, and returning it to the NOAA Public Reference Facility within 30 days following the date of the initial denial. (This date is shown on the Form CD-244.) No additional fee is required to obtain reconsideration. In submitting a request for reconsideration, the applicant should include any written arguments he desires to support his belief that the record requested should be made available. No personal appearance, oral agreement or hearing shall be permitted.

(C) The decision upon such review shall be made by the Administrator, NOAA, and shall be based upon the 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 SS 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).

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 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 official 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:


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 (ADD), the Military


equipment and instrumentation; scien- Weekly Weather and Crop Bulletin. tific and technical procedures; research; which narrates on a weekly basis the or exchange of ideas.

weather conditions and crop progress (c) Further information concerning during the reporting period, generally International visits is available from the on a State-by-State basis. Both the Daily Director, International Affairs

Weather Map and the Weekly Weather National Oceanic and Atmospheric Ad- and Crop Bulletin may be ordered from ministration, Rockville, Md. 20852.

the Superintendent of Documents, Wash

ington, D.C. 20402. PART 907 — ENVIRONMENTAL

(2) Longer term information is availINFORMATION

able in various forms, such as charts,

maps, books, and pamphlets, tabulations, $ 907.1 Environmental information. individual data sheets, reproductions of (a) NOAA gathers, processes, and

original graphic recordings, and aerial

photographs. These are available at issues information on weather condi

varying prices, from various otices within tions, river water height, coastal tides

NOAA. Also navigation charts may be and current, movement of ocean cur

purchased from contract sales agents, rents, structure and shape of ocean

generally airport and marina operators. basins, seismic activity, the precise size

Catalogs or price lists of items in this and shape of the earth, and conditions

category are available on request. Naviof the upper atmosphere and space. It

gation chart catalogs are available from issues warnings against hurricanes, tor

the Chief, Distribution Division (C44), nadoes, floods, and seismic sea-waves

NOAA, Rockville, Md. 20852. Price lists to areas in danger.

of climatological data, geophysical data, (b) NOAA information falls into three

and geodetic data are available from the broad categories, namely:

Director, Office of Data Information (1) Current information and warn

(D4), NOAA, Silver Spring, Md. 20910.Ings on the dynamic or continually

Requests or inquiries concerning other changing aspects of the environment, information in the longer term category, such as the weather and other geophysi- but excluding scientific and technical recal phenomena.

search publications, may be sent to the (2) Longer term information, such as

Chief, Administrative Controls Branch navigation charts, compilations or sum- (AD14), NOAA, Rockville, Md. 20852, for maries of historical environmental data, referral to the responsible office. and earth and ocean surveys and

(3) Scientific and technical research measurements.

publications are disseminated in the (3) Scientific and technical research

form of printed journals, monographs publications dealing with the earth

reports, and other paperbound publicasciences.

tions. These range over the broad spec(c) NOAA information is available in

trum of the physical environment. Demany forms and from many sources

tails concerning publications availablethroughout NOAA.

and the prices may be obtained from (1) Current information is dissemi

the Chief, Scientific Information and nated in the form of forecasts, advisories, Documentation Division (AD7), NOAA and warnings, directly by the local of- Rockville, Md. 20852. Many of NOAA's fices of NOAA, of which there are scientific and technical research publiapproximately 350, or through relaying

cations are sold by the Clearinghouse for Intermediaries, such as radio and TV

Federal Scientific and Technical Inforstations and telephone recorders. The

mation, Springfield, Va. 22151, and by address of local NOAA offices can be

the Superintendent of Documents, Washobtained by consulting local phone

ington, D.C. 20402. Additional details directories, generally under the head

concerning NOAA's scientific and teching of Commerce Department-National

nical publications are given in Appendix Oceanic and Atmospheric Administra

B of the U.S. Government Organization tion. The prime medium for dis

Manual, published annually. seminating weather information for the

(Reorganization Plan No. 2 of 1965, 5 0.8.C. United States is the Daily Weather

App. 1337-15 note) (32 FR. 16257, Nov. 29. Map, which is available on a subscrip- 1967, as amended at 35 F.R. 19247, Dec. 19, tion basis. There is also published a 1970]





PART 945_RULES FOR GUIDANCE both, for any responsible Government OF THE PUBLIC

official who wilfully imparts any infor

mation of speculative value contained Sec.

in the bulletins before the times of re945.1 Connections to weather communica

lease to the public (18 U.S.C. 1902). tions systems. 945.2 Time of release of weather information 8 945.3 False weather reports. affecting crops.

Whoever knowingly issues or publishes 945.3 False weather reports. 945.4 Certified data for use in court.

any counterfeit forecast or warning of 945.5 Appearance in court of National weather conditions falsely representing Weather Service employees.

such forecast or warning to have been 945.6 Agreements for radio and television issued or published by the National weather broadcasts.

Weather Service * * shall be fined

not more than $500, or imprisoned not AUTHORITY: The provisions of this Part 945 issued under sec. 3, 26 Stat. 653; 15

more than 90 days, or both (18 U.S.C. C.S.C. 313.

2074). SOURCE: The provisions of this part 945 $ 945.4 Certified data for use in court. appear at 32 F.R. 16258, Nov. 29, 1967; 35 F.R.

(a) 28 U.S.C. 1733 provides that au19249, Dec. 19, 1970, unless otherwise noted.

thenticated copies of any books, records, 8 945.1 Connections to weather commu- papers, or other documents in any of nications systems.

the executive departments shall be adThe National Weather Service uses a mitted in evidence in courts of law number of federally operated weather equally with the originals thereof. communications systems in support of (b) All field stations and the Washits internal operations. Connections to ington office are prepared to furnish apthese circuits, for receiving purposes plicants with duly certified copies of only, are permitted to be made by quali

original or published weather records fied organizations or individuals. Appli

that are necessary for legal purposes, cation to connect to these circuits should be made to the Director, National

upon payment of appropriate fees to reWeather Service, Silver Spring, Md.

cover the reproduction, certification, and 20910.

other related costs. & 945.2 Time of release of weather in

$ 945.5 Appearance in court of weather formation affecting crops.

bureau employees. (a) Bulletins or radio broadcasts giy

In all cases of private litigation where ing agricultural weather information are

it is required that an employee produce released at 10 a.m. each workday during records or testify, it is necessary that he the growing season in the affected areas. be duly subpoenaed to appear in court as

(b) Weekly Weather and Crop Bul- an official of the Service. As the Federal letins containing a synopsis of weather Government will be deprived of his servconditions and their effect on crops and ices while so testifying, the employee will farming operations (which show snow collect the authorized witness fees and and ice conditions during the season) are

allowances for expenses of travel and released simultaneously at Washington,

subsistence, all of which he is required D.C., and approximately 45 field stations

to account for to the Service. Arrangeat 12 noon e.s.t., on Tuesday, or on

ments should be made with the court Wednesday if Monday or Tuesday is a holiday.

to set a time for the appearance of an (c) Because of the influence that

employee that will not interfere with might be exerted upon the market value important duties that would result in of the products of the soil by the in- injury to interests of the community by formation contained in the weather and delay in issuing important weather forecrop bulletins, the law provides a fine of casts and danger warnings (15 Comp. $10,000 or imprisonment of 10 years, or Gen. 196).

§ 945.6 Agreements for radio and tele

vision weather broadcasts. (a) Radio stations often desire to make special arrangements for the broadcast of daily weather forecasts, special warnings, and other weather information under commercial sponsorship. In such cases the National Weather Service obtains an agreement setting forth conditions under which the broadcasts are to be made. This agreement specifies the regular time schedules of the broadcast; that the information be given exactly as issued by the Service; that while it is permissible to announce immediately 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 National Weather Service or the Government endorses the sponsor or the product advertised.

(b) An agreement is also required between the National Weather Service and any radio or television station that wishes to install equipment or make other arrangements for direct broadcasts from a National Weather Service 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.

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