Page images
PDF
EPUB
[ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors]

termination as to the availability of the requested record, or group of related records.

(2) Records search feeper 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, 1 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 ESSA 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 ESSA Public Reference Facility, the applicant may extract or have

copied any portion of the record, and
may obtain certification of a machine-
copied record, subject to the fees estab-
lished 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 inspec-
tion. 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, mu-
tilate, 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 ESSA 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 ESSA's contract with
a reporting service stipulates that copies
of such transcripts may be sold only by
the latter, persons requesting copies
shall be referred to the reporting service.

(e) When appropriate in the interests
of its program, ESSA may make excep-
tions to established charges.
$ 903.10 Requests for reconsideration of

nonavailability.
(a) Any person whose application to
inspect a 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 ap-
plicable portion of the Form CD-244,
and returning it to the ESSA Public Ref-
erence Facility within 30 days follow-
ing the date of the initial denial. (This
date is shown on the Form CD-244.) No
additional fee is required to obtain re-
consideration. In submitting a request
for reconsideration, the applicant should
include any written arguments he de-
sires to support his belief that the rec-
ord requested should be made available.
No personal appearance, oral agree-
ment or hearing shall be permitted.

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small]

(c) The decision upon such review shall be made by the Administrator, ESSA, 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 $$ 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 ESSA 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 ESSA 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 ESSA, 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), Environmental Science Services Administration, Rockville, Md. 20852. $ 906.2 Foreign visitors.

(a) ESSA has been designated sponsor of an Exchange-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, ESSA 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;

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. 883d8831, 884.

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

(a) ESSA 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

[blocks in formation]

equipment and instrumentation; scien- which narrates on a weekly basis the tific and technical procedures; research; weather conditions and crop progress or exchange of ideas.

during the reporting period, generally (c) Further information concerning on a State-by-State basis. Both the Daily international visits is available from the Weather Map and the Weekly Weather Director, International Affairs (IA), and Crop Bulletin may be ordered from Environmental Science Services Admin- the Superintendent of Documents, Washistration, Rockville, Md. 20852.

ington, D.C. 20402.

(2) Longer term information is availPART 907-ENVIRONMENTAL able in various forms, such as charts, INFORMATION

maps, books, and pamphlets, tabulations,

individual data sheets, reproductions of $ 907.1 Environmental information. original graphic recordings, and aerial (a) ESSA gathers, processes,

and

photographs. These are available at issues information on weather condi

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

ESSA. 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

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

of climatological data, geophysical data, (b) ESSA 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), ESSA, 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), ESSA, Rockville, Md. 20852, for maries of historical environmental data, referral to the responsible office. and earth and

surveys and

(3) Scientific and technical research measurements. (3) Scientific and technical research

publications are disseminated in the publications dealing with the earth

form of printed journals, monographs, sciences.

reports, and other paperbound publica(c) ESSA information is available in

tions. These range over the broad specmany forms and from many sources

trum of the physical environment. Dethroughout ESSA.

tails concerning publications available (1) Current information is dissemi

and the prices may be obtained from nated in the form of forecasts, advisories,

the Chief, Scientific Information and and warnings, directly by the local of

Documentation Division (AD7), ESSA, fices of ESSA, of which there are

Rockville, Md. 20852. Many of ESSA's approximately 350, or through relaying

scientific and technical research publiintermediaries, such as radio and TV stations and telephone recorders. The

cations are sold by the Clearinghouse for address of local ESSA offices can be

Federal Scientific and Technical Inforobtained by consulting local phone

mation, Springfield, Va. 22151, and by directories, generally under the head

the Superintendent of Documents, Washing of Commerce Department-Envi

ington, D.C. 20402. Additional details ronmental Science Services Admin

concerning ESSA's scientific and techistration. The prime medium for dis

nical publications are given in Appendix seminating weather information for the

B of the U.S. Government Organization United States is the Daily Weather

Manual, published annually. Map, which is available on a subscription basis. There is also published a

(Reorganization Plan No. 2 of 1965, 6 U.S.C. Weekly Weather and Crop Bulletin,

App. 1332–15 note) [32 F.R. 16257, Nov. 29,
1967]

leder: tions opera

ted to or Inc

Ocean

these

Direc Sprin

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

SUBCHAPTER B-[RESERVED)

SUBCHAPTER C-GENERAL REGULATIONS OF THE

WEATHER BUREAU

[ocr errors]

IS BE

PART 945—RULES FOR GUIDANCE $10,000 or imprisonment of 10 years, or
OF THE PUBLIC

both, for any responsible Government

official who wilfully imparts any inforSec.

mation of speculative value contained 945.1 Connections to weather communica- in the bulletins before the times of retions systems.

lease to the public (18 U.S.C. 1902). 945.2 Time of release of weather information affecting crops.

8 945.3 False weather reports. 945.3 False weather reports. 945.4 Certified data for use in court.

Whoever knowingly issues or publishes 945.5 Appearance in court of weather bureau any counterfeit forecast or warning of employees.

weather conditions falsely representing 945.6 Agreements for radio and television such forecast or warning to have been weather broadcasts.

issued or published by the Weather AUTHORITY: The provisions of this part

Bureau, * shall be fined not more 945 issued under sec. 3, 26 Stat. 653; 15 than $500, or imprisoned not more than U.S.C. 313.

90 days, or both (18 U.S.C. 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, unless otherwise noted.

(a) 28 U.S.C. 1733 provides that au

thenticated copies of any books, records, $ 945.1 Connections to weather commu

papers, or other documents in any of nications systems.

the executive departments shall be adThe Weather Bureau uses a number of mitted in evidence in courts of law federally operated weather communica- equally with the originals thereof. tions systems in support of its internal (b) All field stations and the Washoperations. Connections to these circuits, ington office are prepared to furnish apfor receiving purposes only, are permit- plicants with duly certified copies of ted to be made by qualified organizations original or published weather records or individuals. Application to connect to that are necessary for legal purposes, these circuits should be made to the upon payment of appropriate fees to reDirector, ESSA Weather Bureau, Silver cover the reproduction, certification, and Spring, Md. 20910.

other related costs. od polise § 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 giv- 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 Bureau. As the Federal letins containing a synopsis of weather

Government will be deprived of his seryconditions 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 Bureau. Arrangeat 12 noon e.s.t., on Tuesday, or on ments should be made with the court Wednesday if Monday or Tuesday is a to set a time for the appearance of an holiday.

employee that will not interfere with (c) Because of the influence that important duties that would result in might be exerted upon the market value injury to interests of the community by of the products of the soil by the in- delay in issuing important weather foreformation contained in the weather and casts and danger warnings (15 Comp. crop bulletins, the law provides a fine of Gen. 196).

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

§ 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 Weather Bureau 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 Bureau; 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 Weather Bureau or the Government endorses the sponsor or the product advertised.

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

« PreviousContinue »