WMOD00395

• Title: Weather Modification Reporting Program - 1973-1978
• Date: 6/1/1979
• Weather Modification - Doc Type: Report

APPENDIX B

RULES AND REGULATIONS

(2) All measurements made .of pre- -shan specifically Identify an infarina-
clpitatian In target and control areas. tian that they canslder nat to be sub-
(3) Any unusual results. Ject to public disclosure under the terms
Ii 908 9 Retention of records. .of Pub. L. 92-205 and pravlde rea-
. sons in suppart thereof, A determinatian
Recards required under ~ 908.8 shall as to whether .or not reparted infarma,-
be retained and available far inspection tion is subject ta public dissemination
by the AdministratClr .or his designated shall be made by the Administrator.
representatives for 5 years after comple- <d) When canslderation .of a weather
tian .of the activity ta which they relate. madificatlan activity report and related
Such recards shall be required ta be pro- infarmation indicates that a propased
duced far inspectian .only at the place praject may significantly depart fram
where narmally kept. The Administra- the practices .or pracedures generally em-
tor shall have the right to make copies ployed in similar circumstances to avoid
.of such recards. if he deems necessary. danger to persons, property, .or the en-
ll908.10 Penalties. viranment. .or indica~ that success .of
Federal research praJects may be ad-
Knawing and willful vialatian .of any versely affected if the propased project
rule adapted under the autharity .of sec- is carried aut as described. the Admin-
tian 2 .of Pub. L. 92-205 shall subject istrator will natify the aperatar(s) and
the persan violating such rule to a fine state .officials .of such passibility and
.of not more than $10.000, up an canvlc- make recammendatians where appropri-
tian thereof. ate, The purpase .of such natificatian
ll908.11 Maintenance of records of re- shall be to infarm thase notified .of ex-
laled activities. sisting practices and pracedures .or Fed-
eral research prajects knawn ta NOAA.
Natiflcatian .or recammendatian. .or fail-
ure to natify .or recammend. shall nat
be construed as appraval .or disappraval
.of a praposed praject .or as an indicatian
that. if carried out as praposed .or recom-
mended it may. in any way. pratect or
endanger persons. property, or the en-
viranment or affect the success .of any
Federal research praject. Any advisory
natiflcatian issued by the Administratar
shall be available to the public and be
included in the pertinent activity report
file. -

ll903.13 Address of letlers.
Letters and other cammunicatians in-
tended for the Administrator. in cannec-
tian wIth weather madiflcatIan repartlng
.or activities. shall be addreEsed ta: The
Administratar, Natianal Oceanic and
Atmaspheric Administratian, Enviran-
ml'ntal Madificatian Office. Rackville.
Md. 20852.

ll908.14 Business to be transacted in
. writing.
All business transacted with the Na-
tion~l Oceanic and Atmaspheric Admin-
istratlan with regard ta reparts .of
weather madification activities shauld be
tran"acted in writing, Actians .of the Na-
tlanal Oceanic and Atmospheric Admin-
istratian will be based exclusively an the
written recard.

(a) Persans whase activities relate ta
weather madificatian activities. ather
than persans engaged in weather modifl-
catian activities. shall maintain recards
cancerning the identities .of purchasers
or users .of weather modificatian appara-
tus or materials. the quantities .or num-
bers .of items purchased, and the times
of such purchases. Such infarmation
shall be retained far at least 5 years.
<b) In additian, persons whase activi-
ties relate to weather madification shall
be required. under tile autharity .of sec-
tian 4 .of Pub. L. 92-205. to pravide
the Administratar, an his request. with
infarmation he deems necessary ta carry
aut the purpases of this act.

6 908.12 Publie disclosure of informa-
tion.

(a) Any recards .or ather informatian
obtained by the Administrator under
these rules .or .otherwise under the au-
tharity of Pub, L, 92-205 shall be
made publicly available to the fullest
practicable extent. Such records .or in-
farmation may be inspected on written
request ta the Administrator. Hawever.
the Administrator ,,;11 nat disclase any
infarmatian referred to in sectlan 1905
.of title 18. United States Code. and that
is otherwise unavailable ta the public,
except that such infarmation shall be
disclased-
(1) Ta ather Federal Government de-
partments. agencIes. and .officials for .offi-
cial use upon request;
(2) In any judicial proceeding under
a caurt .order farmulated to preserve the
canfidentiality .of such informatian with-
aut impairing. the praceeding; and
(3) Ta the public. if necessary to pro-
tect their health and saJety.
(b) Certified copies of such reports
and informatian. to the extent pub-
licly disclasable. may be obtained from
the Administrator at cast In accardance
with the Department .of Cammerce im-
plementation .of the Freedam .of Infor-
matian Act.
(c) Persons reporting an weather mad-
iflcation prajects .or related activities

11908.15 Times for taking action; ex-
piration on Salurday, Sunday, or
holiday.
Whenever periods of time are specifled
in these rules in days. calendar days are
intended, When the day, .or the last day.
fixed under these rules far taking any
actian falls an a Saturday. Sunday. .or
an a Federal haliday. the actian may be
taken on the next succeeding day which
is nat a Saturday. Sunday. .or Federal
haliday.

II 908.16 Signature.
All reports filed with the Natianal
Oceanic and Atmaspheric Administra-

26

tion must be dated and signed by or an
behalf of the persan conducting .or in-
. tending to conduct. the weather madifl-
catlan activities referred ta therein by
such persan, individually .or. in the case
.of a persan ather than an individual. by
a partner, .officer. .or ather persan having
ca;rrespanding functlans and autharity.
Far this purpase ".officer" means a pres-
ident, vice president, treasurer. secre-
tary. .or camptraller. Natwithstanding
the faregolng. such reparts may alsa be
signed by the duly autharized agent .or
attorney .of the persan whase activities
are being reparted. Proaf .of such author-
Ization shall be furnished ta the Admin-
istrator when filing a repart, unless pre-
"iausly furnished.
11908.17 Suspension or waiver of rules.
In an extraardinary situatlan. any re-
quirement .of these rules may be sus-
pended .or waived by the Administrator
an request of the interested party. to the
extent such waiver is cansistent with the
provisialUl .of Pub. L. 92-205 and SUbject
ta such other req~ements as may be
imposed. .
6908.18 Matters not specifieally pro-
vided for in rules.
All matters not specifically pravided
far .or situations nat specifically ad-
dressed In these rules will be decided in
accardance with the merits of each case
by .or under the autharity of the Admin-
istratar. and such decisian will be com-
municated In writing to all, parties in-
valved in the case.

11908.19 Publication of nOlice of pro-
. posed amendments.
Whenever required by law, and in
ather cases whenever practicable. natlce
.of praposed amendments ta these rules
will be published In the FEDERAL REG-
ISTER. If nat published with the natlce.
caples .of the text .of prapased amend-
ments will be furnished to any persan
,'equesting the same. All camments. sug-
gestians. and briefs received within the
time specified in the natice will be can-
sidered befare adaptian .of the prapased
amendments. which may be modified in
the light thereaf. Infarmal hearings may
be held at the discretian of the
Administrator,

II 908.20 Effective date.

These rules are effective an June 10,
1976.

11908.21 Report form.
Pub. L, 92-205 and these rules shauld
be studied carefully priar to reparting.
Reparts required by these rules shan be
submitted on forms obtainable an re-
quest from the Administrator, or on an
equivalent fannat.' In special situatians,
such alteratians to the farms as the cir-
cumstances thereto may render neces-
sary may be made, pravided they da nat
depart from the requirements .of these
rules .or of Pub. L. 92-205.
[FR Doc.7~16807 PUed ~9-76;8:45 am]

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FEDERAL REGISTER, VOL, 41, NO. 113-THURSDA Y, JUNE 10, 1976