<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 proceā¬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 />
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