[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Proposed Rules]
[Pages 28804-28806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14254]



=======================================================================
-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \1\ The 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).
---------------------------------------------------------------------------

    (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

[[Page 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:
    <bullet> 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.
    <bullet> 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:

    <bullet> 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;
    <bullet> 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
    <bullet> 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.

[[Page 28806]]

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 Sec. 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 Sec. 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