National Oceanic and Atmospheric Administration, 1974: Weather Modification, Summary Report, Fiscal Year 1973, National Oceanic and Atmospheric Administration, Washington, D.C., 154 pp. Renick, J., 1975: The Alberta Hail Project: Update 1975, J. of Weather Modification, Vol. 7, No. 2, 1-6. Simpson, J., 1975: Review of the South African Hail Suppression Project, J. of Weather Modification, Vol. 7, No. 2, 80-83. South Dakota Division of Weather Modification, 1976: Recent Rain and Hail Analyses of the South Dakota Weather Modification Program, South Dakota Division of Weather Modification, Pierre, South Dakota, 10 pp. Subcommittee on Climate Change, 1975: The Federal Role in Weather Modification, U.S. Domestic Council Environmental Resources Committee, Washington, D.C., 33 pp. Subcommittee on International Organizations, 1975: Hearing on Prohibition of Weather Modification as a Weapon of War, H. Res. 28, July 29, 1975, Ninety Fourth Congress, First Session, U.S. Government Printing Office, Washington, D.C., 13-16. World Meteorological Organization, 1975a: Weather and Climate Modification, Report Cg-VII/Pink 47 (20.V.1975), Seventh Congress, World Meteorological Organization, Geneva, Switzerland, 15 pp. World Meteorological Organization, 1975b: Typhoon Modification, Proc. of WMO Technical Conference, Manila, October 15-18, 1974, WMO-No. 408, World Meteorological Organization, Geneva, Switzerland, 142 pp. World Meteorological Organization and United Nations Environmental Program, 1975: Report of the WMO/UNEP Informal Meeting on Legal Aspects of Weather Modification, World Meteorological Organization, Geneva, Switzerland, 14 pp. 23994 CHAPTER IX-NATIONAL OCEANIC AND REVOLUTION Attachment RULES AND REGULATIONS proposed to amend the rules on maintaining records and submitting reports on weather modification activities (37 FB 22974 and 39 FR 1832). Interested per sons were given until March 25, 1970 to submit written views, objections, recommendations, or suggestions in conriection with the proposed amendments. The few comments received in response to the notice have been considered in detail, and, as a result, some revisions have been made in these amendments. The first revision covers § 908.3(d), the amendment that allows the Administrator to waive some requirements in the reporting of certain weather modification attempts. This amendment has been clarified to provide specifically that all weather modification activities are to be reported to NOAA, that the Administrator may decide to waive some subsequent reporting requirements for certain activities after initial notification, and that the basis for such decision will be the general acceptability, from a technical or scientific viewpoint, of the apparatus and techniques to be used. The second revision concerns the period for filing interim and final reports. Sections 908.5(a) and 908.6 now provide for such reports to be filled within 45 days, since some respondents stated that they would encounter difficulty in meeting a 30 day requirement. The final revision is in § 908.5(a), with respect to the effective closing date for the interim report. period. In reconsidering this amendment, NOAA has decided to adopt January 1 as the closing date for the interim report in order to avoid ambiguity and to prepare summary reports that more accurately reflect the status of weather modification activities during a calendar year. were The original rules on maintaining records and submitting reports on weather modification activities published in the FEDERAL REGISTER (37 FR 22974). These rules were subsequently amended (39 FR 1832). For completeness, the revisions mentioned above and the remainder of the amendments now being effected are summarized as follows: 1. Section 908.1(k) and (1) have been added ot define sponsor and operator. 2. The last sentence in § 908.3(c) has been restated. 3. Section 908.3 (d) and (e) have been added. 4. Section 908.4(a) has been revised. 5. Section 908.5(a) has been changed. 6. Section 908.5(b) (2) has been reworded. 7. Section 908.6 has been changed. 8. Section 908.6(c) has been changed. 9. Section 908.8(a) (1) (viii) has been reworded. 10. Section 948.8(a) (2) has been reWorded. The purpose of these rules is to provide for the reporting to the Administrator of the National Oceanic and Atmospheric Administration, U.S. Department of Commerce, of weather modification activities taking place within the United States, pursuant to the require ments of Pub. Law 92-205 as amended. The Secretary of Commerce (and by delegation the Administrator) is charged under the above law with the responsibilfty to assemble and retain records of such weather modification activities, to make these records publicly available to the fullest extent practicable, and to publish summaries thereof from time to time. The intent of this program is that expertise in the field of weather modification will be increased; that scientists and other concerned persons will have access to information about past and ongoing efforts toward weather modification; that concerned persons can determine whether their activities will be necessary or duplicative, can check both destrable and undesirable atmospheric changes against records of weather modification, and can be alert to possible territorial overlappings of weather modification operations. In addition, this reporting program provides information on the possibility of harm to persons, property, or the environment, or of interference with Federal research projects. Appropriate Federal agencies also report their weather modification activities to the Secretary of Commerce. This Federal reporting complements the reporting of non-Federally sponsored projects and provides for a central source of information on all weather modification activities in the United States. The actions of the Department of Commerce under these rules are not intended as, nor do they constitute, control or regulation of weather modification operations. Any notification that may be made to operators and State officials on the basis of information received will be advisory only. Therefore, pursuant to the authority contained in 15 U.S.C. 330-330e and 15 U.S.C. 313, the National Oceanic and Atmospheric Administration (NOAA) has amended Title 15, Code of Federal Regulations by the addition of Part 908. These rules are administered by the Administrator, National Oceanic and Atmospheric Administration, on behalf of the Secretary of Commerce, pursuant to the Secretary's delegation of authority in section 3, subparagraph .01t of U.S. Department of Commerce Organization Order 25-5A. The current rules, including all amendments, are republished below in their entirety. AUTHORITY: Pub. L. 92-305, 85 Stat. 735, December 18, 1971. § 908.1 Definitions. As used in this part, terms shall have the meaning ascribed in this section. (a) Administrator. The Administrator of the National Oceanic and Atmospheric Administration. (b) Person. Any individual, corporation, company, association, firm, partnership, society, joint stock company, any State or local government or any agency thereof, or any other organization, whether commercial or nonprofit, except where acting solely as an employee, agent, or independent contractor of the Federal Government. (c) Weather modification activity. Any activity performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere. (d) United States. The several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or insular possession of the United States. (e) Persons whose activities relate to weather modification. Persons engaged in weather modification activities or engaged in the distribution or sale of weather modification apparatus or materials known by them to be destined for use in weather modification activities. (f) Project. A related series of weather modification activities having a common objective. (g) Modification mission. One or more airborne weather modification activities intended to affect the same target area, or one or more weather modification activities carried out by items of groundbased weather modification apparatus intended to affect the same target area. For purposes of these rules, activities that extend beyond 1 calendar day shall constitute a separate mission for each day that they continue. Attachment RULES AND REGULATIONS Any apparatus used with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere. For example: Seeding generators, propane devices, flares, rockets, artillery projectiles, jet engines, etc. (k) Sponsor. The primary person for whom the weather modification activity is performed. (1) Operator. The person who is primarily responsible for carrying out the weather modification activity. § 908.2 Persons subject to reporting. Any person engaged or intending to engage in any weather modification activity in the United States shall be subject to the reporting provisions of this part. § 908.3 Activities subject to reporting. (a) The following, when conducted as weather modification activities, shall be subject to reporting: (1) Seeding or dispersing of any substance into clouds or fog, to alter drop size distribution, produce ice crystals or coagulation of droplets, alter the development of hail or lightning, or influence in any way the natural development cycle of clouds or their environment; (2) Using fires or heat sources to influence convective circulation or to evaporate fog; (3) Modifying the solar radiation exchange of the earth or clouds, through the release of gases, dusts, liquids, or aerosols into the atmosphere; (4) Modifying the characteristics of land or water surfaces by dusting or treating with powders, liquid sprays, dyes, or other materials; (5) Releasing electrically charged or radioactive particles, or ions, into the atmosphere; (6) Applying shock waves, sonic energy sources, or other explosive or acoustic sources to the atmosphere; · (7) Using aircraft propeller downwash, jet wash, or other sources of artificial wind generation; or (8) Using lasers or other sources of electromagnetic radiation. (b) In addition to the activities listed above, other similar activities falling within the definition of weather modification as set forth in § 908.1 are also subject to reporting. (c) The requirement for reporting shall not apply to activities of a purely local nature that can reasonably be expected not to modify the weather outside of the area of operation. This exception is presently restricted to the use of lightning deflection or static discharge devices in aircraft, boats, or buildings, and to the use of small heat sources, fans, fogging devices, aircraft downwash, or sprays to prevent the occurrence of frost in tracts (j) Control area. A preselected, un- or fields planted with crops susceptible treated ground area used for comparison to frost or freeze damage. Also expected with a target area. from the requirement for reporting are (1) Weather modification apparatus. religious activities or other ceremonies, (h) Target area. The ground area within which the effects of the weather modification activity are expected to be found. 23395 rites and rituals intended to modify the weather. (d) All activities noted in §§ 908.3(a) and (b) are subject to initial reporting. However, after the Administrator has received initial notification of a planned activity, he may waive some of the subsequent reporting requirements. This decision to waive certain reporting requirements will be based on the general acceptibility, from a technical or scientific viewpoint, of the apparatus and technicues to be used. (e) Other reporting exceptions may be made in the future by rule of the Administrator. $908.4 Initial report. (a) Any person intending to engage in any weather modification project or activity in the United States shall provide a report of his intention, to be received by the Administrator at least 10 days before the commencement of such project or activity. This report shall contain at least the following: (1) The designation, if any, used by the operator for the project or activity; (2) The following dates for weather modification activities: (i) The date the first actual weather modification activity is to be undertaken; (ii) The date on which the final modification activity is expected to occur; (3) The following information on persons involved with the project or activity: (1) The name, affiliation, and address of the sponsor; (ii) The name, affiliation, and address of the operator; (4) The purpose of the project or activity; (5) A map showing the approximate size and location of the target and control areas, and the location of each item of ground-based weather modification apparatus, precipitation measuring device, and, for airborne operations, the airport; (6) A description of the weather modification apparatus, modification agents, and the techniques to be employed; sponsible individual from whom log books (7) The name and address of the reor other records of the project or activity may be obtained; (8) Answers to the following questions on project safeguards: (i) Has an Environmental Impact Statement, Federal or State, been filed: Yes No If Yes, please furnish --- a copy as applicable. quire the latest forecasts, advisories, (11) Have provisions been made to acwarnings, etc. of the National Weather Service, Forest Service, or others when issued prior to and during operations? Yes ---- No ----. If Yes, please specify on a separate sheet. (iii) Have any safety procedures (oppension of operations, monitoring metherational constraints, provisions for sus 56 23396 ods, etc.) and any environmental guidelines (related to the possible effects of the operations) been included in the operational plans? Yes No If Yes, please furnish copies or a description of the specific procedures and guidelines; and (9) Optional remarks, to include any additional items which the person deems significant or of interest and such other information as the Administrator may request the person to submit. (b) If circumstances prevent the signing of a contract or agreement to perform, or receipt of an authorization to proceed with, a weather modification activity at a date early enough to comply with paragraph (a) of this section, the initial report shall be provided so as to be received by the Administrator within 10 days of the date of signing of the contract or agreement, or receipt of authorization to proceed. In such cases, the report shall be accompanied by an explanation as to why it was not submitted at least 10 days prior to the commencement of the activity. (c) In the event that circumstances beyond the control of the person liable to report under these regulations prevent the submission of the initial report in a timely manner as described above, the report shall be forwarded as early as possible, accompanied by an explanation as to why a timely report has not been provided. If such explanation is deemed adequate, the Administrator will consider the report as timely filed. § 908.5 Interim reports. (a) Any person engaged in a weather modification project or activity in the United States on January 1 in any year shall submit to the Administrator, not later than 45 days thereafter, an interim report setting forth as of such date the information required below with respect to any such continuing project or activity not previously furnished to the Administrator in a prior interim report; provided that the January 1 date shall not apply if other arrangements have previously been made with the written approval of the Administrator. (b) The interim report shall include the file number assigned by the Administrator and shall provide a summary of the project or activity containing at least the following information for each month: (1) Number of days on which actual modification activities took place; (2) Number of days on which weather modification activities were conducted, segregated by each of the major purposes Attachment RULES AND REGULATIONS (c) The totals for the items in paragraph (b) of this section shall be proVided for the period covered by the interim report. § 908.6 Final report. Upon completion of a weather modification project or activity the person who performed the same shall submit a report to the Administrator not later than 45 days after completion of the project or activity. The report shall include the file number assigned by the Administrator and the following items: (a) Information required for the interim reports (to the extent not previously reported). (b) The total number of days on which actual modification activities took place during the project or activity. (c) The total number of days during the project or activity on which weather modification activities were conducted, segregated by each of the major purposes of the activities. (d) The total number of modification missions that were carried out under the project or activity. (e) The total number of hours of operation of each type of weather modification apparatus during the project or activity (i.e., net hours of agent release). (f) The total amount of modification agent(s) dispensed during the project or activity. If more than one agent was used, each should be totaled separately (e.g., carbon dioxide, sodium chloride, urea, silver iodide). (g) The date on which the final weather modification activity occurred. § 908.7 Supplemental reports. (v) Type of each modification agent used. (vi) Rate of dispersal of each agent during the period of actual operation of weather modification apparatus. (vi) Total amount of agent used. If more than one agent was used, report total for each type separately. (viii) Number of days on which weather modification activities were conducted, segregated by each of the major purposes of the activities. (2) The monthly totals of hours of modification activity, the amount of modification agent used, and the number of days on which weather modification activities were conducted, segregated by each of the major purposes of the activities, shall be shown on the daily log sheet for the last day of each month. (b) When ground-based weather modification apthe activity involves paratus, records of the following shall also be maintained, when applicable, but need not be made part of the daily log: (1) The location of each item of weather modification apparatus in use and its identification such as type and manufacturer's model number. If the apparatus is not commercially available, a brief description of the apparatus and the method of operation should be recorded. (2) The name and address of the person responsible for operating each weather modification apparatus; (3) The altitude and type of weather phenomenon subjected to weather modification activity during each operational period (e.g., cumulus clouds between 10,000 and 30,000 feet m.s.l.; ground fog). (c) When the activity involves airNotwithstanding other regulations, a borne weather modification apparatus, supplemental report in letter form rerecords of the following shall also be ferring to the appropriate NOAA file maintained, when applicable, but need number, if assigned, must be made to the not be made a part of the daily log: Administrator immediately if any report For each airborne weather modificaof weather modification activities submitted under $908.4, § 908.5, or $908.6 release points of modification agents, tion apparatus run: altitude, air speed; is found to contain any material inac-method of modification and characteriscuracies, misstatements, and omissions. A supplemental report must also be made if there are changes in plans for the project or activity. § 908.8 Maintenance of records. (a) Any person engaging in a weather modification activity in the United States shall maintain a record of such activity. This record shall contain at least the following, when applicable: (1) A chronological record of activities carried on, preferably in the form of a daily log, which shall include the NOAA alle number assigned to the project, the designation of each unit of weather following information for each unit: modification apparatus, and at least the (1) Date of the weather modification activity. (ii) Position of each aircraft or loca tion of each item of weather modica- (1) Time when weather modification (iv) Total duration of operation of each unit of weather modification apparatus (i.e., net hours of agent release). 57 tics of flares, rockets, or other delivery non subjected to weather modification be maintained, whenever applicable, but (d) The following records shall also (1) Any descriptions that were re corded of meteorological conditions in target and control areas during the peof cloud cover, temperature, humidity, riods of operation; for example: percent the presence of lightning, hail, funnel clouds, heavy rain or snow, and unusual radar patterns. Records required under § 908.8 shall be retained and available for inspection by the Administrator or his designated representatives for 5 years after completion of the activity to which they relate. Such records shall be required to be produced for inspection only at the place where normally kept. The Administrator shall have the right to make copies of such records, if he deems necessary. § 908.10 Penalties. Knowing and willful violation of any rule adopted under the authority of section 2 of Pub. L. 92-205 shall subject the person violating such rule to a fine of not more than $10,000, upon conviction thereof. § 908.11 Maintenance of records of related activities. (a) Persons whose activities relate to weather modification activities, other than persons engaged in weather modification activities, shall maintain records concerning the identities of purchasers or users of weather modification apparatus or materials, the quantities or numbers of items purchased, and the times of such purchases. Such information shall be retained for at least 5 years. (b) In addition, persons whose activities relate to weather modification shall be required, under the authority of section 4 of Pub. L. 92-205, to provide the Administrator, on his request, with information he deems necessary to carry out the purposes of this act. Attachment RULES AND REGULATIONS shall specifically identify all information that they consider not to be subject to public disclosure under the terms of Pub. L. 92-205 and provide reasons in support thereof. A determination as to whether or not reported information is subject to public dissemination shall be made by the Administrator. (d) When consideration of a weather modification activity report and related information indicates that a proposed project may significantly depart from the practices or procedures generally employed in similar circumstances to avoid danger to persons, property, or the environment, or indicates that success of Federal research projects may be adversely affected if the proposed project is carried out as described, the Administrator will notify the operator(s) and State officials of such possibility and make recommendations where appropriate. The purpose of such notification shall be to inform those notified of exsisting practices and procedures or Federal research projects known to NOAA. Notification or recommendation, or failure to notify or recommend, shall not be construed as approval or disapproval of a proposed project or as an indication that, if carried out as proposed or recommended it may, in any way, protect or endanger persons, property, or the environment or affect the success of any Federal research project. Any advisory notification issued by the Administrator shall be available to the public and be included in the pertinent activity report file. § 908.13 Address of letters. Letters and other communications intended for the Administrator, in connec § 908.12 Public disclosure of informa- tion with weather modification reporting tion. (a) Any records or other information or activities, shall be addressed to: The Administrator, National Oceanic and obtained by the Administrator under Atmospheric Administration, Environ these rules or otherwise under the authority of Pub. L. 92-205 shall be made publicly available to the fullest practicable extent. Such records or information may be inspected on written request to the Administrator. However, the Administrator will not disclose any information referred to in section 1905 of title 18, United States Code, and that is otherwise unavailable to the public, except that such information shall be disclosed (1) To other Federal Government departments, agencies, and officials for omcial use upon request; (2) In any judicial proceeding under a court order formulated to preserve the confidentiality of such information without impairing the proceeding; and (3) To the public, if necessary to protect their health and safety. (b) Certified copies of such reports and information, to the extent publicly disclosable, may be obtained from the Administrator at cost in accordance with the Department of Commerce implementation of the Freedom of Information Act. (c) Persons reporting on weather modification projects or related activities mental Modification Office, Rockville, Md. 20852. 23397 tion must be dated and signed by or on behalf of the person conducting or intending to conduct the weather modification activities referred to therein by such person, individually or, in the case of a person other than an individual, by a partner, officer, or other person having corresponding functions and authority. For this purpose "officer" means a president, vice president, treasurer, secretary, or comptroller. Notwithstanding the foregoing, such reports may also be signed by the duly authorized agent or attorney of the person whose activities are being reported. Proof of such authorization shall be furnished to the Administrator when filing a report, unless previously furnished. § 908.17 Suspension or waiver of rules. In an extraordinary situation, any requirement of these rules may be suspended or waived by the Administrator on request of the interested party, to the extent such waiver is consistent with the provisions of Pub. L. 92-205 and subject to such other requirements as may be imposed. § 908.18 Matters not specifically pro vided for in rules. All matters not specifically provided for or situations not specifically addressed in these rules will be decided in accordance with the merits of each case by or under the authority of the Administrator, and such decision will be communicated in writing to all parties involved in the case. § 908.19 Publication of notice of proposed amendments. Whenever required by law, and in other cases whenever practicable, notice of proposed amendments to these rules will be published in the FEDERAL REGISTER. If not published with the notice, copies of the text of proposed amendments will be furnished to any person requesting the same. All comments, sug § 908.14 Business to be transacted in gestions, and briefs received within the writing. All business transacted with the National Oceanic and Atmospheric Administration with regard to reports of weather modification activities should be transacted in writing. Actions of the National Oceanic and Atmospheric Administration will be based exclusively on the written record. 8908.15 Times for taking action; expiration on Saturday, Sunday, or holiday. Whenever periods of time are specified in these rules in days, calendar days are intended. When the day, or the last day, fixed under these rules for taking any action falls on a Saturday, Sunday, or on a Federal holiday, the action may be taken on the next succeeding day which is not a Saturday, Sunday, or Federal holiday. § 908.16 Signature. All reports filed with the National Oceanic and Atmospheric Administra 58 time specified in the notice will be considered before adoption of the proposed amendments, which may be modified in the light thereof. Informal hearings may be held at the discretion of the Administrator. § 908.20 Effective date. These rules are effective on June 10, 1976. § 908.21 Report form. Pub. L. 92-205 and these rules should be studied carefully prior to reporting. Reports required by these rules shall be submitted on forms obtainable on request from the Administrator, or on an equivalent format. In special situations, such alterations to the forms as the circumstances thereto may render necessary may be made, provided they do not depart from the requirements of these rules or of Pub. L. 92-205. [FR Doc.76-16807 Filed 6-9-76;8:45 am] |