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<br />(2) All measurements made of pre- -llhaD specifically identify an infonna.- <br />cipitatlon in target and control areas. tion that they consider not to be sub- <br />(3) Any unusual results. ject to public disclosure under the terms <br />of Pub. L. 92-205 and provide rea- <br />sons in support thereof. A determination <br />as to whether or not. reported informa- <br />tion is subject to public dissemination <br />shall be made by the Administrator. <br /><d) When consideration of a weather <br />modification activity report and related <br />information indicates that a proposed <br />project may significantly depart from <br />the practices or procedures generally em- <br />ployed In similar circumstances to avoid <br />danger to persons. property. or the en- <br />vironment, or indicates tI1at success of <br />Federal research projects may be ad- <br />versely affected if the proposed project <br />is carried out as described, the AdmIn- <br />istrator will notify the operator(s) and <br />state officials of such possibility and <br />make recommendations whcre appropri- <br />ate. The purpose of such notification <br />6 908.11 Maintenanco; of records 01 re- shall be to Inform those notified of ex- <br />laled activities. sisting practices and procedures or Fed- <br />eral research projects known to NOAA. <br />Notification or recommendation. or fail- <br />ure to notify or recommend, shall not <br />be construed as approval or disapproval <br />of a proposed project or as an Indication <br />that, If carried out as proposed or recom- <br />mended It may, in any way, protect or <br />endanger persons, property, or the en- <br />vironment or affect the success of any <br />Federal research project. Any advisory <br />notification Issued by the Administrator <br />shall be available to the publIc and be <br />included in the pertinent activity report <br />file. - <br /> <br />6903.13 Address ollellers. <br /> <br />Letters and other communications in- <br />tended for the Administrator. In connec- <br />tion with weather modification reporting <br />or activities. shall be addre~sed to: The <br />Administrator, National Oceanic and <br />Atmospheric Administration, Environ- <br />ment!!.l Modification Office, Rockville, <br />Md. 20852. <br /> <br />6908.14 Business to he transacted in <br />, writing. <br /> <br />All business transacted with the Nll- <br />tioml Oceanic and Atmospheric Admin- <br />istration with regard to reports of <br />weather modification activities should be <br />tran~cted In writing, Actions of the Na- <br />tional Oceanic and Atmospheric Admin- <br />istration will be based exclusively on the <br />written record. <br /> <br />6908.9 Retention of records. <br /> <br />Records required under ~ 908.8 shall <br />be retained and available for inspection <br />by the AdministratJr or his designated <br />representatives for 5 years after comple- <br />tion of the activity to which they relate. <br />Such records shall be required to be pro- <br />duced for inspection only at the place <br />where normaJly kept. The Administra- <br />tor shall ha\'e the right to make copies <br />of such records. if he deems necessary. <br /> <br />6 908. I 0 Penalties. <br />Knowing and willful violation of any <br />rule adopted under the authority of sec- <br />tion 2 of Pub. L. 92-205 shall subject <br />the person violating such rule to a fine <br />of not more than $10,000, upon convic- <br />tion thereof. <br /> <br />(a) Persons whose activities relate to <br />weather modification activities, other <br />than persons engaged in weather modifi- <br />cation activities, shall maintain records <br />concerning the identities of purchasers <br />or users of weather modification appara- <br />tus or materials, the quantities or num- <br />bers of items purchased, and the times <br />of such purchases. Such Information <br />shall be retained for at least 5 years. <br />(b) In addition. persons whose activi- <br />ties relate to weather modification shall <br />be required, under the authority of sec- <br />tion 4 of Pub. L. 92-205. to provide <br />the Administrator, on his request, with <br />information he deems necessary to carry <br />out the purposes of this act. <br /> <br />6 908.12 Public disclosnre 01 inlorma- <br />tion. <br /> <br />(a) Any records or other infcnnatlon <br />obtained by the Administrator under <br />these rules or otherwise under the au- <br />thority of Pub, L. 92-205 shaH be <br />made pubUcly available to the fullest' <br />practicable extent. Such records or In- <br />formation may be Inspected on ",Tltten <br />request to the Administrator, However, <br />the Administrator will not disclose any <br />Information referred to in section 1905 <br />of title 18, United States Code. and that <br />is otherwise unavailable to the pubUc, <br />except that such information shall be <br />disclosed- <br />(1) To other Federal Government de- <br />partments. agencies. and officials for om- <br />clal use upon request; <br />(2) In any judicial proceeding under <br />a court order formulated to preserve the <br />confidentiality of such Information with- <br />out impairing the proce€ding: and <br />(3) To the public. If necessary to pro- <br />tect their health and ~lliety. <br />(b) Certified copies of such reports <br />and Information. to the extent pub- <br />liclY disclosable. may be obtained from <br />the Administrator at cost In accordance <br />with the Department of Commerce im- <br />plementation of the Freedom of Infor- <br />mation Act. <br />(c) Persons reporting on weather mod- <br />11lcatlon projects or related activities <br /> <br />APPENDIX B <br /> <br />RULES AND REGULATIONS <br /> <br />!l908.15 Times lor takin~ action: ex- <br />piration on Saturday, Sunday, or <br />holiday. <br />Whenever periods of time are spec1fled <br />In these rules In days. calendar days are <br />Intended, When the day, or the last day. <br />fixed under these rules for taking any <br />action falls on a Saturday. Sunday. or <br />on a Federal holiday, the action may be <br />taken on the next succeeding day which <br />is not a Saturday, Sunday, or Federal <br />holiday. <br /> <br />!l 908.16 Signature. <br />All reports filed with the National <br />Oceanic and Atmospheric Admlnlstrn- <br /> <br />22 <br /> <br />tion must be dated and signed by or on <br />behaU of the person conducting or In- <br />'tending to conduct the weather modifi- <br />cation activities referred to therein by <br />such person, Individually or, In the case <br />of a person other than an Individual, by <br />a partner, omcer, or other person having <br />co)'respondlng functions and authority. <br />For this purpose "otncer" means a pres- <br />ident, vice president, treasurer, secre- <br />tary, or comptroller. Notwithstanding <br />the foregoing, such reports may also be <br />signed by the duly authorized agent or <br />attorney of the person whose activities <br />are being reported. Proof of such author- <br />ization shall be furnished to the Admin- <br />Istrator when filing a report, unless pre- <br />'!iously furnished. <br />6 908.17 Suspension or waiver of rules. <br />In an extraordinary situation, any re- <br />quirement of these rules may be sus- <br />pended or waived by the Administrator <br />on request of the Interested party, to the <br />extent such waiver is consistent with the <br />provisioI1$ of Pub. L. 92-205 and subject <br />to such other requil:ements as may be <br />Imposed. . <br />6908.18 Matters not specifically pro- <br />vided lor in rules. <br />All matters not specifically provided <br />for or situations not specifically ad- <br />dressed In these rules will be decided In <br />accordance with the merits of each case <br />by or under the authority of the Admin- <br />istrator, and such decision will be com- <br />municated In writing to all, parties In- <br />volved In the case. <br /> <br />6908.19 Publication 01 notice of pro. <br />, posed amendments. <br />Whenever required by law, and In <br />other cases whenever practicable, notice <br />of proposed amendments to these rules <br />will be published In the FEDERAL REG- <br />ISTER. If not pUblished with the notice, <br />copies of the text of proposed amend- <br />ments will be furnished to any person <br />requesting the same. All comments, sug- <br />gestions, and briefs received within the <br />time specified In the notice will be con- <br />sidered before adoption of the proposed <br />amendments, which may be modified in <br />the light thereof. Informal hearings may <br />be held at the discretion of the <br />Administrator. <br /> <br />6 908.20 Effective date. <br /> <br />These rules are effective on June 10, <br />1976. <br /> <br />11908.21 Report form. <br />Pub. L. 92-205 and these rules should <br />be studied carefully prior to reporting. <br />Reports required by these rules shall be <br />submitted on forms obtainable on re- <br />quest from the Administrator, or on an <br />equivalent fonnat.' In special situations, <br />such alterations to the forms as the dr- <br />curnstwnces thereto may render neces- <br />sary may be made, provided they do not <br />depart from the requirements of these <br />rules or of Pub. L. 92-205. <br />(Fa 000.76-16807 Piled 6-9-76;8:45 am] <br /> <br />.\ <br />I <br />