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<br />8eC.
<br />908.10 Penalties.
<br />1108.11 Maintenance of recorda of related
<br />activities.
<br />908.12 Public disclosure of Information.
<br />908.13 AddreRS of lettenl.
<br />908.14 Business to be tzansscted In writing.
<br />908.15 Times for taking action: ezplratlon
<br />on Saturday, Sunday. or hollcla7.
<br />908.16 Signature.
<br />908.17 Suspension or waiver of rules.
<br />908.18 Matters not specifically provided for
<br />In rules,
<br />908.19 Publication of notice of proposed
<br />amendmen'll,
<br />908.20 Effective date.
<br />908.21 Report form.
<br />AUTHORITY: Pub, L, 92-306. 85 StM. 735,
<br />December 18. 1971.
<br />
<br />Ii 908.1 Definitions.
<br />
<br />As used in this part, terms shall have
<br />the meaning ascribed in this section.
<br />(a) Administrator. The Administrator
<br />of the National Oceanic and Atmospheric
<br />Administration. .
<br />(b) Person. Any individual, corpora-
<br />tion, company; association, firm, partner-
<br />ship, society, joint stock company, any
<br />State or local government or any agency
<br />thereof, or any other organization,
<br />whether commercial or nonprofit. except
<br />where acting solely as an employee,
<br />agent, or independent contractor of the
<br />Federal Government.
<br />(c) Weather modification activity.
<br />Any activity performed with the inten-
<br />tion of producing artificial changes in
<br />the composition, behavior, or dynamics
<br />of the atmosphere.
<br />(d) United states. The several states,
<br />the District of Columbia, the Common-
<br />wealth of Puerto Rico, and any territory
<br />or insular possession of the United
<br />States,
<br />(e) Persons whose activities relate to
<br />weather modification. Persons engaged
<br />in weather modification activities or en-
<br />gaged in the distribution or sale of
<br />weather modification apparatus or .ma-
<br />terials known by them to be destined for
<br />use in weather modification activities.
<br />(f) Project. A related series of weather
<br />modification activities having a common
<br />objective.
<br />(g) Modification mission, One or more
<br />airborne weather modification activities
<br />intended to affect the same target area,
<br />or one 01' more weather modification
<br />activities carried out bv items of ground-
<br />based weather modification apparatus
<br />intended to affect the same target area.
<br />For purposes of these rules, activities
<br />that extend beyond 1 calendar day shall
<br />constitute a separate mission for each
<br />day that they continue. I
<br />(h) Target area. The ground area
<br />within which the effects of the weather
<br />modification activity are expected to be
<br />found.
<br />(j) Control area. A preselected, un-
<br />treated ground area 'used for comparison
<br />with a target area.
<br />(J) Weather modiJl,cation apparatus.
<br />
<br />APPENDIX B
<br />IULES AND IEGULAnONS
<br />
<br />An7 apparatus used with the Intention of
<br />produc1Dg e.rti1icial changes in the com-
<br />position, behavior, or dynamics of the
<br />atmosphere. For example: Seeding gen-
<br />erators, propane devices, fiares; rockets,
<br />artillery projectiles, jet engines, etc,.
<br />(k) Sponsor. The primary person for
<br />whom the weather modlfication activity
<br />is performed.
<br />(1) Operator, The person"who is pri-
<br />marily responsible for can'Ying out the
<br />weather modification activity.
<br />
<br />Ii 908.2 Persons subject to reporting.
<br />
<br />Any person engaged or intending to
<br />engage in any weathel modification
<br />activity in the United States shall be
<br />subject to the reporting provisions of
<br />this part.
<br />
<br />Ii 908.3 Activities subject to reporting.
<br />
<br />(a) The following, when conducted as
<br />weather modifica.tion activities, shall be
<br />subject to report.!ng:
<br />(1) Seeding or dispersing of any sub-
<br />stance into clouds or fog, to alter drop
<br />size distribution, produce ice Crystals or
<br />coagulation of droplets, alter the de-
<br />velopment of hail or llghtning, or infiu-
<br />ence in any way the natural development
<br />cycle of clouds or their environment;
<br />(2) Using fires or heat sources to in-
<br />fluence convective circulation or to
<br />evaporate fog;
<br />(3) Modifying the solar radiation ex-
<br />change of the earth or clouds, through
<br />the release of gases, dusts, liquids, or
<br />aerosols into the atmosphere;
<br />(4) Modifying the characteristics of
<br />land or wa.ter surfaces by dusting or
<br />treating with powders, liquid sprays,
<br />dyes, or other materials;
<br />(5) Releasing electrically charged or
<br />radioactive particles. or Ions. into the
<br />atmosphere;
<br />(6) Applying shock waves, sonic en-
<br />ergy source;S, or other explosive or acous-
<br />tic sources to the aUn06phere;
<br />. (7) Using aircraft propeller down-
<br />wash, Jet wash, or other sources of arti-
<br />ficial wind generation; or
<br />(8) Using lasers or other sources of
<br />electromagnetic radia.tion.
<br />(b) In addition to .the activities llsted
<br />above, other similar activities falling
<br />within the definition of weather modi-
<br />flcation as set forth In t 908.1 are also
<br />subject to reporting.
<br />(c) The requirement for reporting
<br />shall not apply to activities of a purely
<br />local nature that can reasonably be ex-
<br />. peeted not to modify the weather outside
<br />of the area of operation. This exception
<br />is presmtly restricted to the use of light-
<br />ning defiection or static discharge devices
<br />in aircraft, boats. or buildings, and to the
<br />use of small heat sources. fans, fogging
<br />devices, aircraft downwash, or sprays 'to
<br />prevent the occurrence of frost in tracts
<br />or fields planted with crops susceptible
<br />to frost or freeze damage. Also expected
<br />from the requirement for reporting are
<br />religious activities or other ceremonies,
<br />
<br />24
<br />
<br />rites and rituals intended to modity the
<br />weather.
<br />(d) All activities noted in fA 908.3(a)
<br />and (b) are subject to initial reporting.
<br />However, after the Administrator has
<br />received initial notification of a planned
<br />activity, he may waive some of thl~ sub-
<br />sequent reporting requirements. This
<br />decision to waive certain reporting re-
<br />quirements will be based on the general
<br />acceptlbllity, from a technical or scien-
<br />tific viewpoint, of the apparatus and
<br />techn1i'lues to be used.
<br />(e) Other reporting ~xceptions may
<br />be made in the future by rule of the
<br />Administrator.
<br />
<br />li 908.4 Initial report.
<br />
<br />(a) Any person intending to engage in
<br />any weather modification project or ac-
<br />tivity in the United States shall prOVide
<br />a report of his intention, to be received
<br />by the Administrator at least 10 days
<br />before the commencement of such- proj-
<br />ect or activity. This report shall contain
<br />at least the follOWing:
<br />(1) The designation, if any, used by
<br />the operator for the project or activity;
<br />(2) The follGwiDg dates for. weather
<br />modification activities:
<br />(i) The date the first actual weather
<br />modification activity is to be undertaken;
<br />(ii) The date on which the final modi-
<br />fication actiVity is expected to occur;
<br />(3) The following information on per-
<br />sons involved with the project or
<br />acti vi ty :
<br />(i) The. name, affiliation, and address
<br />of the sponsor;
<br />(11) The name, afIlliation, and address
<br />of the operator;
<br />(4) The purpose of the projeCt or ac-
<br />tivity;
<br />(5) A map showing the approximate
<br />size and location of the target and con-
<br />trol areas, and the location of each item
<br />of ground-based weather modification
<br />apparatus. precipitation measuring de-
<br />vice. and, for airborne operations, the
<br />airport;
<br />(6) A description of the weather modi-
<br />flcation apparatus. modification agents,
<br />and the techniques to be employed;
<br />(7) The name and addl"e$S of the re-
<br />sponsible Individual from whom log books
<br />or other records of the project or activity
<br />may be obtained;
<br />(8) Answers to the following questions
<br />on project safeguards:
<br />(j) Has an Environmental Impact
<br />Statement, Federal or state, been filed:
<br />Yes nn No ____. If Yes, please furnish
<br />a copy as applicable.
<br />(i1) Have provisions been made to ac-
<br />quire the latest forecasts, advisories,
<br />warnings, etc, of the National Weather
<br />Service, Forest Service, or others when
<br />issued prior to and during operations?
<br />Yes nn No n__' If Yes, please specify
<br />on a separate sheet.
<br />(ill) Have any safety procedures (op-
<br />erational constraints, provisions for sus-
<br />pension of operations, monitoring meth-
<br />
<br />. I
<br />
<br />l'EDERAl REGISTER, VOL. 41, NO. 1I3-THURSDAY, JUNE 10, 1976
<br />
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