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<br />Sec.
<br />908.10 Penalties.
<br />908.11 Maintenance of recorda of related
<br />actIvIties.
<br />908,12 Publ1c dlsclOllure ot Information.
<br />908,13 Addl'eflS ot Jetterll.
<br />908.14 Bu81ness to be transaeted In writing.
<br />908.15 TImes tor tak1ng action: expiration
<br />on Saturday, Sunday, or hOllclllY.
<br />908.16 Signature.
<br />908.17 Suspension or walver of rules.
<br />908,18 Matters not specifically provided tor
<br />In rules.
<br />908,19 Publication of notice of proposed
<br />amendmenhl.
<br />908.20 Effective date.
<br />908,21 Report form.
<br />AUTHORITY: Pub, L. 92-306. 85 Stat, 735.
<br />December 18, 1971.
<br />
<br />S 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 ~rfonned 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 acti!1ities 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) Proiect. 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 ~et area.,
<br />or one ot' 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. '
<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 modification apparatus.
<br />
<br />APPENDIX B
<br />lUllS AND IEGULAnONS
<br />
<br />Any apparatus used with the intention of
<br />producing artiflclal changes in the com-
<br />posJt1on, behavior, or dynamics of the
<br />atmosphere. For example: Seeding gen-
<br />erators, propane devices, fiares; rockets,
<br />art1llery prOjectiles. jet engines, etc.'
<br />(k) Sponsor. The primary person for
<br />whom the weather modification activity
<br />Is performed.
<br />(I) Operator. The person"who Is pri-
<br />marilY responsible for carrying out the
<br />weather modification activity.
<br />
<br />fl 908.2 Persons 8ubje<<:t to reporting.
<br />
<br />Any person engaged or intending to
<br />engage in any weather modification
<br />activity In the United States shall be
<br />subject to the reporting provisions of
<br />this part.
<br />
<br />~ 908.3 Activities subject to reporting.
<br />
<br />(a) The following, when conducted as
<br />weather modification activities, shall be
<br />subject to reporting:
<br />(1) Seeding or dispersing of any sub-
<br />stance into clouds or fog, to alter d~op
<br />size distribution. produce Ice crystals or
<br />coagulation of droplets, alter the de-
<br />velopment of hail or lightning, or influ-
<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 atm06phere;
<br />(4) ModifYing the characteristics of
<br />land or water 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 s~. or other explosive or acous-
<br />tic sources to the atm06phere:
<br />'(7) Using aircraft propeller down-
<br />wash, jet wash. or other sources of arti-
<br />ficlal wind generation; or
<br />(8) Using lasers or other sources of
<br />electromagnetic radiation.
<br />(b) In addition to ,the activities llsted
<br />above, other similar activities faIling
<br />within the definition of weather modi-
<br />fication as set forth in I 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 />peCted not to modify the weather outside
<br />of the area of operation. This exception
<br />is presently restricted to the use of light-
<br />ning deflection or static discharge deVices
<br />in aircraft. beats, 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 requir€1I1ent for reporting are
<br />religious activities or other ceremonies,
<br />
<br />20
<br />
<br />rites and rituals Intended to modify the
<br />weather.
<br />(d) All activities noted in II 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 o-f the sub-
<br />sequent reporting requirements. This
<br />decision to waive certain reporting re-
<br />quirements will be based on the general
<br />acceptib1lity, from a technical or scien-
<br />tific viewpoint, of the apparatus and
<br />techn1('lues to be used.
<br />(e) other reporting 'Exceptions may
<br />be made in the future by rule of the
<br />Administrator.
<br />
<br />S 908.4 Initial ~eport.
<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 Adminlskator 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 follOWing dates for' weather
<br />modlflcation 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 />activity:
<br />(1) The, name. amIlation, and address
<br />of the sponsor;
<br />(Ii) The name, amllation, and address
<br />ot 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 descrlptlon of the weather modi-
<br />f1catlon apparatus. modification agents,
<br />and the techniques to be employed:
<br />(7) The name and addre.,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 />(1) Has an Environmental Impact
<br />Statement. Federal or State, been filed:
<br />Yes ____ No ____. U Yes. please ,furnish
<br />a copy as applicable.
<br />(11) 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 ____ No ____. U Yes, please specify
<br />on a separate sheet.
<br /><111> Have any safety procedures (op-
<br />erational constraints, provisions for sus-
<br />pension of operations. monitoring meth-
<br />
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