28804 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

1The criteria common to all modernization

actions requiring certification is a subset of the

criteria that will be used to certify closure actions.

This section of the previously published criteria is

attached for reference (Attachment 1).

SUPPLEMENTARY INFORMATION: On July

17, 1995, an NPRM was published in

the Federal Register (60 FR 36371) to

establish Class E airspace at Canyon

Ranch Airport, Sonora, TX. The

intended effect of the proposal was to

provide adequate Class E airspace to

contain aircraft executing the VOR/DME

SIAP to RWY 32 at Canyon Ranch

Airport. After publication of the NPRM,

a significant error in the description of

the proposed Class E airspace was

discovered. Accordingly, the proposed

rule is withdrawn.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Withdrawal of Proposed Rule

Accordingly, pursuant to the

authority delegated to me, Airspace

Docket No. 95–ASW–07, as published in

the Federal Register on July 17, 1995

(60 FR 36371), is withdrawn.

Authority: 49 U.S.C. 40103, 40113, 40120;

E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963

Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

Issued in Fort Worth, TX on May 15, 1996.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 96–13928 Filed 6–5–96; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 946

[Docket No. 960418114–6137–02]

RIN 0648–AF72

Weather Service Modernization Criteria

AGENCY: National Weather Service,

National Oceanic and Atmospheric

Administration, Department of

Commerce.

ACTION: Proposed amendment; request

for comments.

SUMMARY: In accordance with the

Weather Service Modernization Act, 15

U.S.C. 313n. (the Act), the National

Weather Service (NWS) is proposing to

amend its criteria governing the taking

of certain modernization actions. This

amendment would add criteria unique

to closing a field office to ensure that

closure actions will not result in any

degradation of service.

DATES: Comments are requested by July

8, 1996.

ADDRESSES: Requests for copies of

documents stated in the preamble as

being available upon request and

comments should be sent to Julie

Scanlon, NOAA/NWS, SSMC2, Room

9332, 1325 East-West Highway, Silver

Spring, Maryland 20910.

FOR FURTHER INFORMATION CONTACT:

Nicholas Scheller, 301–713–0454.

SUPPLEMENTARY INFORMATION: Section

704(a) of the Act requires the NWS to

contract with the National Research

Council (NRC) for a review of the

scientific and technical criteria for

specified modernization actions. The

NRC conducted this review and

submitted the required report assessing

the criteria to the Secretary of

Commerce on July 28, 1993. Readers

may obtain a copy of this Report from

the contact and at the address provided

above.

Section 704(b) of the Act requires the

NWS to publish the criteria in the

Federal Register, based on the NRC

Report, after providing an opportunity

for public comment and after consulting

with the NRC and the Modernization

Transition Committee (the Committee)

established by section 707 of the Act.

The NWS has already published all of

the required criteria except those for

closing a field office, the final step in

the modernization process. These

existing criteria are, or will be, set forth

in Appendices A and B to the basic

modernization regulations at 15 CFR

part 946.

On March 2, 1994, the NWS

published many of the required criteria

as Appendix A to the general

modernization regulations at 15 CFR

part 946 (see 59 FR 9921). These criteria

were published in four categories as

follows:

(1) Those for modernization actions that do

not require prior certification of no

degradation of service, i.e., commissioning

new weather observation systems and

decommissioning outdated NWS radars

(Appendix A, Section I.);

(2) Those for modernization actions that do

require certification and are common to all

such actions, e.g. providing appropriate

notification in the National Implementation

Plan; describing local weather characteristics

and related weather concerns; and comparing

services before and after the action

(Appendix A, Section II.A.); 1

(3) Those for modernization actions that

require certification and that are unique to

consolidating field offices (Appendix A,

Section II.B.); and

(4) Those for modernization actions that

require certification and that are unique to

relocating field offices (Appendix A, Section

II.C.).

On May 2, 1996, the NWS published

proposed criteria unique to automation

(see 61 FR 19594). The comment period

closes on June 1, 1996. These criteria

will be added as Section II.D. to

Appendix A and a new Appendix B,

after the NWS has time to respond to the

public comments, consult with the NRC

and the Committee, and publish the

final version.

The present Notice proposes to

further amend Appendix A to add the

remaining criteria, those for final

closure of a field office, as Section II.E.

The proposed criteria are based on the

July 28, 1993 NRC report.

Summary of NWS Modernization

The proposed closure criteria can

better be understood within the context

of the overall NWS modernization

program. A total of 118 Weather

Forecast Offices (WFO) supported by

the National Centers for Environmental

Prediction (NCEP) and 13 modernized

River Forecast Centers (RFC) will exist

in the modernized and restructured

NWS. Each WFO will have

responsibility for all warnings and

forecasts within its assigned area of

responsibility which, on average, will be

half a state. Modernized operations will

allow forecasters to comprehensively

address the air-sea environment in their

assigned area. Observation and analysis

of current and expected weather

conditions can be quickly and reliably

completed, critical decisions made, and

immediate warnings and forecasts

issued.

The concept of the local data base is

central to modernized operations at the

WFO. The high volume of data from the

local Doppler weather surveillance

radar and Geostationary Operational

Environmental Satellites combined with

the high frequency observations from

the Automated Surface Observing

Systems will flow directly to the WFO.

The most complete data sets will only

be available to the local WFO. The

modernization is allowing NWS to

convert its pre-modernization network

of 52 Weather Service Forecast Offices,

about 200 smaller Weather Service

Offices, and about 35 meteorological

observatories into the modernized

network of WFOs, RFCs and NCEP. For

more information, see the Strategic Plan

for the Modernization and Associated

Restructuring of the National Weather

Service, March 1989.

Transition Process

Closing a field office is the final step

in an often complex transition process

in which a field office is carefully
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules 28805

phased out at the same time as one or

more associated WFOs assume the

service responsibilities for that office.

Closure may trigger any or all of the

following actions: Reassignment of

remaining NWS staff; removal of

remaining equipment; disposal of

facility; and restoration of site.

Generally, phasing out the old office

will involve one or both of the following

major steps prior to closure:

• Consolidation—consists of

transferring the personnel from the old

office after commissioning the

NEXRAD(s) at one or more of the WFOs

that will assume responsibility for that

office; this action occurs after county

warning and NOAA Weather Radio

responsibilities have been reassigned to

the associated WFO(s); services with

users have been confirmed; and the old

radar, if there is one, has been

decommissioned.

• Automation—consists of

transferring the personnel taking surface

observations after commissioning an

Automated Surface Observing System

(ASOS) at the old office; this action

occurs after any augmentation/backup

responsibility has been transferred to

the Federal Aviation Administration

(FAA); a supplementary data program is

operational at the associated WFO(s)

responsible for the field office to be

automated; and services with users have

been confirmed.

A more detailed description of this

overall transition process can be found

in the Federal Register notices

publishing the basic modernization

regulations (see 58 FR 18316—

proposed; 58 FR 64088—final). A more

detailed description of the consolidation

and automation processes can be found

in the Federal Register notices

establishing or proposing the criteria

unique to certifying these actions (see

59 FR 9921—consolidation; 61 FR

19594—automation).

Closure Prerequisites

Both consolidation and automation

are major steps in the transition process

requiring certification that they will not

result in any degradation of service.

Almost all of the field offices planned

for closure will carry out at least one of

these two actions and most will carry

out both. (Only 11 field offices planned

for closure will carry out neither). The

current version of the annual National

Implementation Plan for Modernization

of the National Weather Service

provides a listing of all field offices

planned for closure and the

applicability of consolidation and/or

automation.

Each field office that does carry out a

consolidation and/or an automation will

have to complete all of the requirements

for certification for the relevant action(s)

as a prerequisite to closure.

Consequently, completion of these

prerequisite certification requirements,

as applicable, are the first two

modernization criteria for closure.

In some cases, the action(s) to

consolidate and/or automate an office

may be proposed concurrently with the

proposed closure action. In these cases

the proposed closure certification may

be combined with the proposed

certification(s) for consolidation and/or

automation, as long as all the

requirements for these prerequisite

actions are met by the time the closure

certification is proposed. In these cases

the relevant criteria for closure are not

completion of the relevant certifications

but documentation of all the

requirements for the relevant

certifications so that all required

certifications can be reviewed

concurrently.

After consolidation and automation

occur, there may be some service or

observational responsibilities remaining

at a field office planned for closure. In

these cases, reassignment of remaining

service responsibilities and/or

modernized arrangements for remaining

observational responsibilities will

require an additional capability to be

operational (e.g., Advanced Weather

Interactive Processing System (AWIPS)

at a future WFO). Thus the third

criterion for closure ensures that any

remaining service or observational

responsibilities have been transitioned.

The fourth criterion for closure relates

to user acceptance of modernization by

the users of weather services. Similar

criteria where established as part of both

consolidation and automation

certifications. NWS has developed an

extensive and proactive program to gain

user acceptance and endorsement of

changes resulting from modernization.

This program includes:

• User Awareness—informational briefings

and mailings to the many and varied users

at the National, state and local levels on a

frequent and recurring basis throughout the

transition period;

• Notification and Technical

Coordination—advanced notification of

when specific modernization activities are

scheduled to occur both in the annual

submission of the National Implementation

Plan, and by mailings from NWS field office

managers to users in their local areas; and

coordination of specific technical aspects of

activities with users to ensure they

understand the change and have sufficient

lead time to make any adjustments needed to

take full advantage of modernization; and

• Service Confirmation—follow-up with

users after a change has been made to ensure

that services they receive have remained

intact, accessible and of an acceptable

quality, and to resolve any outstanding issues

or problems they might have.

The MIC’s recommendation for

certification will address service

confirmation by users.

The fifth criterion for closure deals

with warning and forecast verification.

Verification is used to objectively

measure the accuracy and timeliness of

warnings and forecasts. The closure

criteria related to verification are

designed to support certification

requirements that ensure that closure

actions will not result in any

degradation of service.

The warning verification will focus on

warnings that are most often localized,

short-lived, and associated with the

most destructive and life-threatening

severe weather. Forecast verification

will focus on the basic elements of

public and aviation forecasts.

For closure certification, verification

statistics will be compared before and

during the transition period prior to

closure. The statistical measures that

will be utilized to ensure no degradation

of service will conform to those

reviewed by the National Research

Council in 1993.

Special Circumstances

It should be noted that two of the

criteria that were published with those

criteria common to all types of

certification actions (see Attachment 1)

are primarily applicable to closure

certifications. These are:

(1) Air Safety Appraisal—Section

706(e)(1) of the Act requires the

Secretary of Commerce, in consultation

with the Secretary of Transportation and

the Committee, to conduct an air safety

appraisal prior to closure or relocation

of a field office located at an airport, to

determine that such action will not

result in degradation of service that

affects aircraft safety. The NWS and

FAA have jointly determined the nature

of this air safety appraisal. They have

agreed to conduct this air safety

appraisal on a programmatic basis

during establishment of final

modernization criteria for automation

and closure certification. A copy of the

completed air safety appraisal will be

included with each closure certification.

(2) Evaluation of Services to In-state

Users—the field offices planned for

closure that are the only field office in

a state are: Weather Services Offices in

Baltimore, MD; Concord, NH; Hartford,

CT; Providence, RI; and Wilmington,

DE. The required evaluation will be

addressed in the MIC’s recommendation

for certification.
28806 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Proposed Rules

A. Classification Under Executive Order

12866

These proposed regulations establish

procedures and criteria for certifying

that certain actions to modernize NWS

will not result in any degradation of

weather services to the affected service

area. They will not result in any direct

or indirect economic impacts, and have

been determined not to be significant for

purposes of E.O. 12866.

B. Regulatory Flexibility Act Analysis

These regulations set forth the criteria

for certifying that certain modernization

actions will not result in a degradation

of service to the affected area. These

criteria will be appended to the Weather

Service Modernization regulations. The

Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that

these criteria, if adopted as proposed,

will not have a significant economic

impact on a substantial number of small

entities. These proposed criteria are

intended for internal agency use, and

will not directly affect small business.

The proposed criteria do not directly

affect ‘‘small government jurisdictions’’

as defined by Pub. L. 96–354, the

Regulatory Flexibility Act. Accordingly,

no initial regulatory flexibility analysis

has been prepared.

C. Paperwork Reduction Act of 1980

These regulations will impose no

information collection requirements of

the type covered by Pub. L. 96–511, the

Paperwork Reduction Act of 1980.

D. E.O. 12612

This rule does not contain policies

with sufficient Federalism implications

to warrant preparation of a Federalism

assessment under Executive Order

12612.

E. National Environmental Policy Act

NOAA has concluded that publication

of this proposed rule does not constitute

a major Federal action significantly

affecting the quality of the human

environment. Therefore, an

environmental impact statement is not

required. A programmatic

Environmental Impact Statement (EIS)

regarding NEXRAD was prepared in

November 1984, and an Environmental

Assessment to update the portion of the

EIS dealing with the bioeffects of

NEXRAD non-ionizing radiation was

issued in 1993.

List of Subjects in 15 CFR Part 946

Administrative practice and

procedure, Certification,

Commissioning, Decommissioning,

National Weather Service, Weather

service modernization.

Dated: June 1, 1996.

Elbert W. Friday, Jr.,

Assistant Administrator for Weather Services.

For the reasons set out in the

preamble, 15 CFR part 946 is proposed

to be amended as follows:

PART 946—[AMENDED]

1. The authority citation for part 946

continues to read as follows:

Authority: Title VII of Pub. L. 102–567, 106

Stat 4303 (15 U.S.C. 313n).

Appendix A to Part 946—[Amended]

2. Appendix A to part 946 is amended

by adding a new Subsection (E) under

Section II. Criteria for Modernization

Actions Requiring Certification, to read

as follows:

(E) Proposed Modernization Criteria

Unique to Closure Certifications.

1. Consolidation Certification; If the field

office proposed for closure has or will be

consolidated, as defined in § 946.2 of the

basic modernization regulations, this action

has been completed as evidenced by the

approved certification or can be completed as

evidenced by all of the documentation that

all of the requirements of sections II.A. and

II.B. of this Annex have been completed.

2. Automation Certification: If the field

office proposed for closure has or will be

automated, as defined in § 946.2 of the basic

modernization regulations, this action has

been completed as evidenced by the

approved certification or can be completed as

evidenced by documentation that all of the

requirements of sections II.A. and II.C. of this

Annex have been completed.

3. Remaining Services and/or

Observations: All remaining service and/or

observational responsibilities, if applicable to

the field office proposed for closure, have

been transitioned as addressed in the MIC’s

recommendation for certification.

4. User Confirmation of Services: Any valid

user complaints received related to provision

of weather services have been satisfactorily

resolved and the issues addressed in the

MIC’s recommendation for certification.

5. Warning and Forecast Verification:

Warning and forecast verification statistics,

produced in accordance with the Closure

Certification Verification Plan, have been

utilized in support of the MIC’s

recommendation for certification.

Attachment 1

Appendix A to Part 946—National Weather

Service Modernization Criteria (Relevant

portions)

II. Criteria for Modernization Actions

Requiring Certification

(A). Criteria Common to all Types of

Certifications (except as noted)

1. Notification: Advanced notification and

the expected date of the proposed

certification have been provided in the

National Implementation Plan.

2. Local Weather Characteristics and

Weather Related Concerns: A description of

local weather characteristics and weather

related concerns which affect the weather

services provided to the affected service area

is provided.

3. Comparison of Services: A comparison

of services before and after the proposed

action demonstrates that all services

currently provided to the affected service

area will continue to be provided.

4. Recent or Expected Modernization of

NWS Operations in the Affected Service

Area: A description of recent or expected

modernization of NWS operations in the

affected service area is provided.

5. NEXRAD Network Coverage: NEXRAD

network coverage or gaps in coverage at 10

feet over the affected service area are

identified.

6. Air Safety Appraisal (applies only to

relocation and closure of field offices at an

airport): Verification that there will be no

degradation of service that affects aircraft

safety has been made by conducting an air

safety appraisal in consultation with the

Federal Aviation Administration.

7. Evaluation of Service to In-state Users

(applies only to relocation and closure of the

only field office in a state): Verification that

there will be no degradation of weather

services provided to the state has been made

by evaluating the effects on weather services

provided to in-State users.

8. Liaison Officer: Arrangements have been

made to retain a Liaison Officer in the

affected service area for at least two years to

provide timely information regarding the

activities of the NWS which may affect

service to the community, including

modernization and restructuring; and to work

with area weather service users, including

persons associated with general aviation,

civil defense, emergency preparedness, and

the news media, with respect to the provision

of timely weather warnings and forecasts.

9. Meteorologist-In-Charge’s (MIC)

Recommendation to Certify: The MIC of the

future WFO that will have responsibility for

the affected service area has recommended

certification in accordance with 15 CFR

946.7(a).

10. Regional Director’s Certification: The

cognizant Regional Director has approved the

MIC’s recommended certification of no

degradation of service to the affected service

area in accordance with 15 CFR 946.8.

[FR Doc. 96–14254 Filed 6–5–96; 8:45 am]

BILLING CODE 3510–12–M

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 1

Rule Amendment Concerning Trading

Records

AGENCY: Commodity Futures Trading

Commission.

ACTION: Proposed rule amendment.

SUMMARY: The Commodity Futures

Trading Commission (‘‘Commission’’)