10066 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices

final determination may participate in

the panel review by filing a Notice of

Appearance in accordance with rule 40

within 45 days after the filing of the first

Request for Panel Review (the deadline

for filing a Notice of Appearance is

March 27, 1995); and

(c) the panel review shall be limited

to the allegations of error of fact or law,

including the jurisdiction of the

investigating authority, that are set out

in the Complaints filed in the panel

review and the procedural and

substantive defenses raised in the panel

review.

Dated: February 17, 1995.

Caratina L. Alston,

Deputy U.S. Secretary NAFTA Secretariat.

[FR Doc. 95–4459 Filed 2–22–95; 8:45 am]

BILLING CODE 3510–GT–M

National Oceanic and Atmospheric

Administration

SUBJECT: National Weather Service

Modernization and Associated

Restructuring.

ACTION: Notice.

SUMMARY; On November 4, 1994, the

Department of Commerce requested

comments identifying service areas

where it is believed that current weather

services may be degraded as existing

radars are decommissioned or as field

offices are closed, consolidated,

automated or relocated during the

modernization of the National Weather

Service (59 FR 55254). Appendix 1 to

the November 4, 1994 notice contained

Study Guidelines which specified the

procedures the Secretary of Commerce

will follow during modernization of the

National Weather Service with respect

to the identified areas of concern.

Today’s notice lists the areas of

concern that were identified as a result

of the comments that were received,

briefly describes the remaining steps in

the process, and reiterates the

modernization actions that are

prohibited in an identified area of

concern until the process described in

the Study Guidelines is completed.

Appendix 1 to this notice contains the

complete Study Guidelines.

FOR FURTHER INFORMATION CONTACT: Julie

Scanlon at 301–713–1413 or Nick

Scheller at 301–713–0454.

SUPPLEMENTARY INFORMATION: Public

Comments Received: Over 67,000

written comments were received during

the 60 day public comment period

which closed on January 3, 1995.

Written comments were in the form of

letters, postcards, facsimile

transmissions, electronic mail messages,

and signed petitions. The Secretary of

Commerce appreciates the thoughtful

and valuable inputs on the National

Weather Service and its modernization

program that were contained in the

comments. All such comments have

been forwarded to the National

Academy of Sciences’ National Research

Council (NRC) for consideration during

their study on the adequacy of planned

NEXRAD radar coverage and the effect

of field office consolidation. A number

of late comments were also received,

i.e., postmarked after January 3, 1995.

These late comments have been

forwarded to the NRC for whatever

consideration they may choose to give

them.

Areas of Concern: Under the

provisions of the Study Guidelines, a

single timely comment was sufficient to

establish an area as an area of concern.

The areas of concern identified are

listed below.

Areas of Concern

WSO Asheville, NC

WSO Astoria, OR

WSO Athens, GA

WSO Baton Rouge, LA

WSO Cape Hatteras, NC

WSO Caribou, ME

WSO Charlotte, NC

WSO Chattanooga, TN

WSO Colorado Springs, CO

WSO Del Rio, TX

WSO Elkins, WV

WSO Erie, PA

WSO Evansville, IN

WSO Fort Smith, AR

WSO Fort Wayne, IN

WSO Grand Island, NE

WSO Greensboro, NC

WSO Harrisburg, PA

WSO Huntsville, AL

WSO International Falls, MN

WSO Kalispell, MT

WSO Key West, FL

WSO Lexington, KY

WSO Montgomery, AL

WSO Redding, CA

WSO South Bend, IN

WSO Toledo, OH

WSO Wichita Falls, TX

WSO Williston, ND

WSO Wilmington, DE

WSO Hondo, TX

central Oregon/central Washington

Generally, areas of concern are

denoted by National Weather Service

Offices (WSO) and extend throughout

the pre-modernization geographical area

for which what WSO was responsible

for providing weather services. One area

is denoted by a National Weather

Service Meteorological Observatory

(WSMO) and extends throughout the

area for which the existing radar

operated by that WSMO provides

coverage. The final area of concern

listed is identified as central Oregon/

central Washington. The concerns

expressed for this area was not about

any specific existing radar or weather

office, but rather about the general

adequacy of NEXRAD coverage in

central Oregon and central Washington

under the planned NEXRAD network.

Remaining Steps in the Process: The

NRC will continue the study it began in

October 1994 under an amendment to

the National Oceanic and Atmospheric

Administration contract #50–DGNW–0–

00041. This study is an independent

scientific assessment of proposed

NEXRAD radar coverage and

consolidation of field offices in terms of

the ‘‘no degradation of services’’

requirement of Public Law 102–567, and

in light of public comments received.

The NRC will also establish criteria for

identifying service areas where the

decommissioning of existing radars

could degrade services. The NRC will

document its findings and

recommendations in a report to the

Secretary of Commerce. The

contractually specific date for delivery

of this report is May 17, 1995. The

Study Guidelines’ due date of 180 days

for delivery of this report could not be

achieved by the NRC.

The Secretary of Commerce will then

apply the NRC’s criteria, and other

applicable criteria previously approved

by the NRC pursuant to the Weather

Service Modernization Act, to the above

identified areas of concern, and taking

into account public comments received,

will identify where actions to

decommission a radar, or to close,

consolidate, relocate, or automate a field

office are not likely to satisfy the ‘‘no

degradation of services’’ requirement of

Public Law 102–567. The Secretary of

Commerce will document any

recommended adjustments to the

National Weather Service

modernization plan for these areas of

concern to ensure ‘‘no degradation of

services’’ in a report to the Committee

on Commerce, Science, and

Transportation of the Senate and the

Committee on Science of the House of

Representatives. The estimated time

frame for delivery of this report is fall

1995.

Prohibited Actions in an Area of

Concern: Until the above process is

completed and a 30-day grace period

from the date of the Secretary of

Commerce’s report to Congress has

elapsed, there will be no

decommissioning of any existing radar;

or closure, consolidation, relocation, or

automation certification at any of the

weather offices identified as areas of

concern as listed above.
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices 10067

Dated: February 17, 1995.

D. James Baker,

Under Secretary for Oceans and Atmosphere.

Appendix 1—Study Guidelines

Section 1

(a) Modernization of the NWS is essential

to public safety and should proceed without

unnecessary delay.

(b) The WSMA establishes procedures that

assures that the modernization of the NWS

will not result in the degradation of weather

services currently provided to the public but

these procedures do not provide for the

independent review of decisions until shortly

after the actual event; and

(c) It is appropriate to review the adequacy

of the Nation’s overall NEXRAD coverage, to

ensure a solid scientific and technical basis

for the decision-making process, and to

assure meaningful participation by the

public.

Section 2

The purposes of this document are to

provide the fullest opportunity for public

participation in the modernization process

without unduly delaying this process; and to

ensure, through the application of

independent scientific criteria that weather

services provided in each service area will

not be degraded as obsolete radars are

decommissioned or as field offices are

closed, consolidated, relocated or automated.

Section 3

The definitions contained in section 702 of

the WSMA shall apply to the terms in this

document. In addition, the term ‘‘area of

concern’’ means a service area identified in

a timely public comment in response to the

Federal Register notice required by section 4

of this document.

Section 4

Within 30 days the Secretary shall publish

a notice in the Federal Register requesting

comments on service areas where it is

believed that current weather services may be

degraded as existing radars are

decommissioned or as field offices are

closed, consolidated, automated or relocated.

The notice shall allow 60 days for the

submission of comments. Persons submitting

comments shall state the basis for their belief

as fully as possible, and shall include a

description of local weather characteristics

(including unique weather phenomena) and

weather related concerns which involve a

substantial threat to public safety which they

believe affect the weather services provided

in areas of concern. All comments received

by the Secretary shall be provided promptly

to the NRC.

Section 5

(a) Within 30 days the Secretary shall

contract with the NRC, or amend an existing

contract as necessary, to conduct an

independent scientific assessment of

proposed NEXRAD radar coverage and

consolidation of Field Offices in terms of ‘‘no

degradation of services’’ and to establish

criteria for identifying service areas where

the decommissioning of existing radars could

degrade service to affected users.

(b) Within 180 days, but not earlier than 60

days after the close of the comment period

provided in the Federal Register notice of

Section 4, the NRC shall furnish to the

Secretary the assessment and criteria

required by subsection (a) together with

recommendations regarding the need and

timing for any future independent studies by

the NRC.

Section 6

(a) After receipt of the NRC report, the

Secretary shall apply the NRC criteria and

other applicable criteria previously approved

by the NRC pursuant to the WSMA to areas

of concerns and, taking into account the

comments received in response to the

Federal Register notice of Section 4, identify

those where he/she believes that actions to

decommission a radar or to close,

consolidate, relocate, automate a field office

noted in the current version of the NIP are

not likely to satisfy the requirements of the

WSMA. The Secretary shall report the results

of his/her review to the Committee on

Commerce, Science, and Transportation of

the Senate and the Committee on Science of

the House of Representatives. If the Secretary

believes that additional radars are needed to

satisfy the requirements of the WSMA, he/

she shall also identify the number and

location of the radars needed.

(b) Submission of a report under this

section shall not relieve the Secretary from

the requirement of Section 706(b) of the

WSMA to certify no degradation of service

when he/she restructures a field office. If the

field office is located in an area of concern,

the Secretary shall provide all comments

relating to that area of concern received

pursuant to Section 4 to the MTC during the

certification process.

Section 7

(a) The Secretary shall not close,

consolidate, relocate, or automate any field

office or decommission any NWS radar until

the public has had an opportunity to identify

areas of concern.

(b) Regardless of the contents of the most

recent NIP, the Secretary shall not

decommission a radar or close, consolidate,

automate or relocate a field office in an area

of concern unless—

(1) The Secretary has reported to the

Congress as provided in section 6 that he/she

believes that the action contemplated would

not result in a degradation of service; and

(2) 30 days have expired from the date the

report was submitted to Congress.

[FR Doc. 94–4443 Filed 2–22–95, 8:45 am]

BILLING CODE 3510–12–M

[I.D. 020895A]

Marine Mammals

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of application for a

scientific research permit (P580).

SUMMARY: Notice is hereby given that

Ms. Carol Anne Conway, 407 Garces

Drive, San Francisco, CA 94132, has

applied in due form for a permit to

import blue whale (Balaenoptera

musculus) tissue samples from

Newfoundland, Canada, for purposes of

scientific research.

DATES: Written comments must be

received on or before March 27, 1995.

ADDRESSES: The application and related

documents are available for review

upon written request or by appointment

in the following offices:

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Room 13130, Silver Spring,

MD 20910 (301/713–2289); and

Southwest Region, 501 W. Ocean

Boulevard, Long Beach, CA 90802–4213

(310/980–4001).

Written data or views, or requests for

a public hearing on this request, should

be submitted to the Chief, Permits

Division, F/PR1, Office of Protected

Resources, NMFS, 1335 East-West

Highway, Silver Spring, MD 20910,

within 30 days of the publication of this

notice. Those individuals requesting a

hearing should set forth the specific

reasons why a hearing on this particular

request would be appropriate.

Concurrent with the publication of

this notice in the Federal Register, the

Secretary of Commerce is forwarding

copies of this application to the Marine

Mammal Commission and its

Committee of Scientific Advisors.

SUPPLEMENTARY INFORMATION: The

subject permit is requested under the

authority of the Marine Mammal

Protection Act of 1972, as amended (16

U.S.C. 1361 et seq.), the Regulations

Governing the Taking and Importing of

Marine Mammals (50 CFR part 216), the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.) and

the Regulations Governing the Taking,

Importing, and Exporting of Endangered

Fish and Wildlife (50 CFR part 222).

The applicant proposes to import blue

whale samples from Canada. The

samples are to be used in a study of the

sexual composition of the blue whale

population off the western coast of the

United States using molecular genetic

techniques. Since the Canadian samples

are from ice-entrapped animals for

which the sex was visually determined,

they will be used as positive controls for

the genetic technique. Samples from

live populations off the western coast

were collected under another permit

(No. 675), and subsamples will be

provided to the applicant by the

permittee.