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Membership and Charter of the U.S. Department of Commerce

Weather Modification Advisory Board

Weather Modification Advisory Board

Mr. Harlan Cleveland, Chairman, Director, Program in International Affairs.

Aspen Institute for Humanistic Studies, P.O. Box 2820, Rosedale Rd., Prince-

ton, N.J. 08540.

Dr. D. Ray Booker, President, Aeromet, Inc., P.O. Box FF, Norman, OK 73070.

Dr. Roscoe R. Braham, Jr., Director, Cloud Physics Laboratory, University of

Chicago, Chicago, Illinois 60637.

Mr. Stanley A. Changnon, Jr., Head, Atmospheric Science Section, Illinois State

Water Survey, Box 232, Champaign-Urbana, Illinois 61801.

Mr. Abram Chayes, Professor of Law, Harvard Law School, Cambridge, Mass.

02138.

Maile Way, Honolulu, Hawaii 96822.

Dr. James A. Crutchfield, Jr., Professor of Economics. Department of Economics,

University of Washington, Seattle, Washington 98105.

Mr. Robert D. Elliott, President, North American Weather Consultants, Inc.,

Goleta, California 93017.

Dr. John W. Firor. Director, National Center for Atmospheric Research, P.O.

Box 1470, Boulder, Colorado 80302.

Dr. T. Keith Glennan, 11483 Waterview, Reston, VA 22070.

Mr. Thomas L. Kimball. Executive Vice President, National Wildlife Federa-

tion, 1412 16th Street, Washington, D.C. 20036.

Dr. Thomas F. Malone, Director, Holcomb Research Institute, Butler University,

Indianapolis, Indiana 46208.

Ms. Martha A. Mclnnis, President, Enviro South, Inc., 3815 Interstate Court,

Suite 202, Montgomery. Alabama 36109.

Mr. Herman Pollack, Research Professor, International Affairs, Room 714

Library, George Washington University, Washington, D.C. 20052.

Mr. Wallace N. Robinson, III, Chairman, Western Kansas Groundwater Manage-

ment District No. 1, Federal Building, Scott City, KA 67871.

Dr. Joanne Simpson, Professor of Environmental Sciences, Center for Ad-

vanced Studies. University of Virginia, Charlottesville, VA 22903.

Mr. S. Bryce Streibel, Fessenden, North Dakota 58438.

U.S. Department of Commerce — Charter of Weather Modification Advisory

Board

The Secretary of Commerce (the "Secretary"), having determined that it

is in the public interest in connection with the performance of duties imposed

on the Secretary by Public Law 94-490 (the "Act"), hereby establishes the

Weather Modification Advisory Board (the "Board") pursuant to the Federal

Advisory Committee Act, 5 U.S.C App. I ( Supp V, 1975) .

B. EXPLANATION OF TERMS

The terms used in this Charter shall have the meanings that are prescribed

in the Act.

C. OBJECTIVES AND DUTIES

1. The Board shall advise and make recommendations to the Secretary through

the Administrator of the National Oceanic and Atmospheric Administration (the

"Administrator") on matters of a national policy, a national research and de-

velopment program, and other aspects of weather modification as outlined in

the Act.

(660)

2. The Board may draw upon the experience and expertise of its members

upon the public, and upon other bodies and individuals deemed necessary to

provide advice, consultation, evaluations, and recommendations to the Secre-

tary on the various weather modification matters relative to Sections 4 and 5 of

the Act, such as : a. The present state of scientific knowledge of weather modi-

fication, its development, and technology; b. The problems impeding effective

implementation of weather modification technology ; c. Research needs in

weather modification and the economic importance of weather modification;

d. An assessment of the legal, social, and ecological implications of weather modi-

fications ; e. Development of model domestic regulatory codes ; f . International

implications and model agreements; g. A comprehensive and coordinated na-

tional weather modification policy ; h. A national program of weather modifica-

tion research and development ; and i. Legislation and funding associated with

such policy and program. The Board shall submit its report to the Secretary not

less than 15 days prior to the date the Secretary is required to submit the

report to the President and the Congress.

3. The Board functions solely as an advisory body, and will comply fully

with the provisions of the Federal Advisory Committee Act.

D. MEMBERS AND CHAIRPERSON

1. The Board shall consist of not more than 25 members and not less than

7, appointed by the Secretary. The members shall possess expertise, experience,

or current interest in one or more weather modification factors or related aspects

such as : research, operations, agriculture, water resources, economics, law, gov-

ernment, business, social and environmental impact, and international relations.

Members shall be appointed for up to 2 years and will serve at the discretion

of the Secretary. Appointments to fill vacancies shall be for the remainder of

the unexpired term of the vacancy.

2. The Chairperson of the Board shall be a nonfederal member and shall be

appointed by the Secretary from among the membership.

E. ADMINISTRATIVE PROVISIONS

1. The Board shall report to the Secretary through the Administrator.

2. The Board shall have an Executive Secretary who shall be a full-time Fed-

eral officer or employee designated by the Administrator.

3. The Board generally shall meet quarterly and at such other times as may be

deemed necessary by the Administrator or the Executive Secretary.

4. The National Oceanic and Atmospheric Administration shall provide clerical

and other necessary support.

5. The annual cost of operating the Board is estimated at $160,000. This in-

cludes 2 person-years of staff support.

6. The Board may establish, subject to the provisions of the Department of

Commerce Committee Management Handbook (II, I.E.), and the approval of the

Administrator, an Executive Committee and such subcommittees or working

groups of its members as may be necessary.

7. Members of the Board will be compensated as consultants for time spent

attending Board meetings during any month in which the Board meets for more

than one day. They will, upon request, be allowed travel expenses as authorized

by 5 U.S.C. 5703.

F. DURATION

The Board shall terminate 2 years after its establishment unless it is earlier

terminated or renewed by proper authority by appropriate action.

January 18, 1977. Joseph E. Kasputy

Assistant Secretary for Administration

Pursuant to subsection 9(c) of the Federal Advisory Committee Act, 5 U.S.C.

App. 1, this charter was filed with the Assistant Secretary for Administration on

January 18, 1977. On the same date, copies were filed with the Committees listed

below, and a copy was furnished the Library of Congress.

Senate Committee on Commerce.

House Committee on Interstate and Foreign Commerce.

House Committee on Merchant Marine and Fisheries.

January 24, 1977. Robert T. Jordan, Chief,

Information Management Division, Office of

Organization and Management Systems.

Appendix L

Rules and Regulations and Required Forms for Submitting In-

formation on Weather Modification Activities to the National

Oceanic and Atmospheric Administration, U.S. Department of

Commerce, in Accordance with Requirements of Public Law

92-205

Chapter IX — National Oceanic and Atmospheric Administration,

subchapter a — general regulations

part 908 maintaining records and submitting reports on weather

modification activities

In a notice published in the Federal Register of February 24, 1976 (41 FR

3064), the Administrator of the National Oceanic and Atmospheric Administra-

tion proposed to amend the rules on maintaining records and submitting reports

on weather modification activities (37 FR 22974 and 39 FR 1832) . Interested per-

sons were given until March 25, 1976 to submit written views, objections, recom-

mendations, or suggestions in connection 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 Adminis-

trator to waive some requirements in the reporting of certain weather modifica-

tion attempts. This amendment has been clarified to provide specifically that all

weather modification activities are to be reported to NOAA, that the Administra-

tor may decide to waive some subsequent reporting requirements for certain ac-

tivities 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 filed within 45

days, since some respondents stated that they would encounter difficulty in meet-

ing 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.

The original rules on maintaining records and submitting reports on weather

modification activities were published in the Federal Register (37 FR 22974).

These rules were subsequently amended (39 FR 1832). For completeness, the re-

visions 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 to 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 906.8(a) (1) (viii) has been reworded.

10. Section 908.8(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

(662)

663

States, pursuant to the requirements of Pub. Law 92-205 as amended. The Sec-

retary of Commerce (and by delegation the Administrator) is charged under the

above law with the responsibility to assemble and retain records of such weather

modification activities, to make these records publicly available to the fullest ex-

tent 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 in-

creased ; that scientists and other concerned persons will have access to in-

formation about past and ongoing efforts toward weather modification ; that con-

cerned persons can determine whether their activities will be necessary or dupli-

cative, can check both desirable and undesirable atmospheric changes against

records of weather modification, and can be alert to possible territorial over-

lappings of weather modification operations. In addition, this reporting program

provides information on the possibility of harm to persons, property, or the en-

vironment, 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 informa-

tion 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 opera-

tions. 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 Secre-

tary's delegation of authority in section 3 subparagraph .Olt of U.S. Department

of Commerce Organization Order 25-5A. The current rules, including all amend-

ments, are republished below in their entirety.

Robert M. White,

Administrator.

June 4, 1976.

Part 908 reads as follows :

Sec.

905.2 Persons subject to reporting.

908.3 Activities subject to reporting.

908.4 Initial report.

908.5 Interim reports.

908.6 Final report.

908.7 Supplemental reports.

908.8 Maintenance of records.

908.9 Retention of records.

908.10 Penalties.

908.11 Maintenance of record of related activities.

908.12 Public disclosure of information.

908.13 Address of letters.

908.14 Business to be transacted in writing.

908.15 Times for taking action : expiration on Saturday, Sunday, or holiday.

908.16 Signature.

908.17 Suspension or waiver of rules.

908.18 Matters not specifically provided for in rules.

908.19 Publication of notice of proposed amendments.

908.20 Effective date.

908.21 Report form.

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 Atmos-

pheric Administration.

(b) Person. Any individual, corporation, company, association, firm, partner-

ship, 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.

664

(d) United States. The several States, the District of Columbia, the Common-

States.

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 com-

mon objective.

(g) Modification mission. One or more airborne weather modification activities

intended to affect the same target area, or one or more weather modification ac-

tivities carried out by items of ground-based 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.

(h) Target area. The ground area within which the effects of the weather

modification activity are expected to be found.

(i) Control area. A preselected, untreated ground area used for comparison

with a target area.

(j) Weather modification apparatus. 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 ac«

tivity 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 develop-

ment 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 or fields planted with crops susceptible

to frost or freeze damage. Also expected from the requirement for reporting are

religious activities or other ceremonies, 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 de-

665

cision to waive certain reporting requirements will be based on the general ac-

niques to be used.

(e) Other reporting exceptions may be made in the future by rule of the

Administrator.

§ 90S4 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 ;

activity :

(i) 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 modifi-

cation apparatus, precipitation measuring device, and, for airborne opera-

tions, the airport ;

(6) A description of the weather modification apparatus, modification

agents, and the techniques to be empolyed ;

(7) The name and address of the responsible individual from whom log

books or 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.

(ii) Have provisions been made to acquire the latest forecasts, ad-

visories, warnings, 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.

(ii) Have any safety procedures (operational constraints, provisions

for suspension of operations, monitoring methods, etc. ) and any environ-

mental 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

deems significant or of interest and such other information as the Admini-

strator may request the person to submit.

(b) If circumstances prevent the signing of a contract or agreement to per-

form, 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 authori-

zation to proceed. In such cases, the report shall be accompanied by an explana-

tion 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 con-

sider 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 ac-

666

tivity not previously furnished to the Administrator in a prior interim report;

previously been made with the written approval of the Administrator.

(b) The interim report shall include the file number assigned by the Admini-

strator 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 con-

ducted, segregated by each of the major purposes of the activities ;

(3) Number of modification missions that were carried out ;

(4) Total number of hours of operation of each type of weather modifica-

tion apparatus (i.e., net hours of agent release) ;

(5) Total amount of agent used. If more than one agent was used, each

should be totaled separately (e.g., carbon dioxide, sodium chloride, urea,

silver iodide).

(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 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

Notwithstanding other regulations, a supplemental report in letter form re-

ferring to the appropriate NOAA file number, if assigned, must be made to the

Administrator immediately if any report of weather modification activities sub-

mitted under § 908.4, § 908.5, or § 908.6 is found to contain any material inac-

curacies, 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 file number assigned to the pro-

ject, the designation of each unit of weather modification apparatus, and at

least the following information for each unit :

(i ) Date of the weather modification activity.

(ii) Position of each aircraft or location of each item of weather modi-

fication apparatus during each modification mission. Maps may be used.

(iii) Time when weather modification activity began and ended.

(iv) Total duration of operation of each unit of weather modification

apparatus (i.e., net hours of agent release).

( v ) Type of each modification agent used.

(vi) Rate of dispersal of each agent during the period of actual opera-

tion of weather modification apparatus.

(vii) 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.

667

(2) The monthly totals of hours of modification activity, the amount of

tion 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.

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 airborne weather modification apparatus, rec-

ords of the following shall also be maintained, when applicable, but need not be

made a part of the daily log : For each airborne weather modification apparatus

run : altitude, air speed ; release points of modification agents, method of modifi-

cation and characteristics of flares, rockets, or other delivery systems employed ;

temperature at release altitude ; and, for aircraft : the type of aircraft, its identi-

fication number, the airport or airports used, and the names and addresses of crew

members and the person responsible for operating the weather modification ap-

paratus ; and 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) .

(d) The following records shall also be maintained, whenever applicable, but

need not be made a part of the daily log. Only data specifically collected for the

reported activity need be retained ; data available from other sources need not

be included.

(1) Any descriptions that were recorded of meteorological conditions in

. ' target and control areas during the periods of operation ; for example : per-

cent of cloud cover, temperature, humidity, the presence of lightning, hail,

funnel clouds, heavy rain or snow, and unusual radar patterns.

(2) All measurements made of precipitation in target and control areas.

(3) Any unusual results.

§ 908.9 Retention of records

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 sec-

tion 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.

§ 908.12 Public disclosure of information

(a) Any records or other information obtained by the Administrator under

these rules or otherwise under the authority of Pub. L. 92-205 shall be made pub-

licly available to the fullest practicable extent. Such records or information may

668

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 in-

formation shall be disclosed —

(1) To other Federal Government departments, agencies, and officials for

official 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

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 Fed-

eral research projects may be adversely affected if tlie proposed project is carried

out as described, the Administrator will notify the opera tor (s) and State officials

of such possibility and make recommendations where appropriate. The purpose of

such notification shall be to inform those notified of existing practices and pro-

cedures or Federal research projects known to NOAA. Notification or recom-

mendation, 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, protest or endanger persons, prop-

erty, or the environment or affect the success of any Federal research project,

Any advisory notification issued by the Adminsitrator 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 connection

with weather modification reporting or activities, shall be addressed to: The

Administrator, National Oceanic and Atmospheric Administration, Environmental

Modification Office, Rockville, Md. 20852.

§ 908.14 Business to oe transacted in writing

All business transacted with the National Oceanic and Atmospheric Adminis-

tration with regard to reports of weather modification activities should be trans-

acted in writing. Actions of the National Oceanic and Atmospheric Administration

will be based exclusively on the written record.

% 908.15 Times for talcing 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 Atmospreric Administration

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 comp-

troller. Notwithstanding the foreging, 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.

§ 908.11 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.

669

§ 908.18 Matters not specifically provided for in rules

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, suggestions, and

briefs received within the 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 neces-

sary 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]

34-857 O - 79 - 45

670

CaapMi *> acattma vtth witwrtiwi « rmrat mt farari cm

Form Appro vtxf 0MB No. 41-2664 E^res 12-2) -77

TO: Environmental Modification Office (EM-5)

National Oceanic and Atmospheric Administration

Rockville. Maryland 20852

NOAA FORM 17-4 U. S. DEPARTMENT OF COMMERCE

(S-761 N AT' L OCEANIC AND ATMOSPHERIC ADM.

■ntivtat armkBT nil wr ituf ■ UAnieiniviay

INITIAL REPORT ON WEATHER MODIFICATION

ACTIVITIES (P.L. 205, 92NO. CONGRESS)

1. PROJECT OR ACTIVITY DESIGNATION, IF ANY

2. DATES OF PROJECT

a. DATE FIRST ACTUAL WEATHER

MODIFICATION ACTIVITY IS TO

BE UNDERTAKEN

X PURPOSE OP PROJECT OR ACTIVITY

». EXPECTED TERMINATION

DATE OF WEATHER

MODIFICATION ACTIVITIES

4.I.! SPONSOR

4.1b) OPERATOR

NAME

NAME

PHONE NUMBER

AFFILIATION

PHONE NUMBER

STREET ADDRESS

STREET ADDRESS

CITY

STATE

CITY

ZIP CODE

S. TARGET AND CONTROL AREAS (See 7n. miction.;

TARGET AREA

CONTROL AREA

LOCATION

SIZE OF AREA

•O. Ml.

SIZE OF AREA

SO. Mt.

4. DESCRIPTION OP WEATNER M.ODIPICATION APPARATUS. MODIFICATION AGENTS AND TNEIR DISPERSAL RATES, THE TECHNIQUES

EMPLOYED, ETC. rs— tnetmcttehe)

7. LOO ROCCS

Enter name, affiliation, address, and telephone number of

reaponaible individual from whom log books or other records

may be obtained.

NAME

PHONE NUMBER

STREET AODRESS

CITY

ZIP CODE

a. SAFETY AND ENVIRONMENT

□ Yes □ NO Haa an Environmental Impact Statement, Federal or State been filed? If yes, please furnish a copy as

applicable.

□ YCf Q NO Have proriaions been made to acquire the latest forecasts, advisories, warnings, etc. of the National

Weather Service, Forest Service, or others when issued prior to and during operations? If yes, please

specify oo a separate sheet.

□ YES £3 NO Have any aafety procedures (operational constraints, provisions /or mumpmmion of operations, monitoring

method*, ate.) and any environmental guidelines {related to the possible effects of the operations)

been included in the operational plans? If yes, pleaae furnish copies or a description of the specific

procedures and guidelines.

V. OPTIONAL REMARKS (See M< miction.. Urn* Separate Sheet.)

NAME

CERTIFICATION! and correct to the best of my knowledge and belief.

AFFILIATION

SIGNATURE

STRICT ADDRESS

OFFICIAL TITLE

CITY

STATE

DATE

Instructions for Initial Report on Weather Modification Activities

"This report is required by Public Law 92-205; 85 Stat 735; 15 TJ.S.C. 3301).

Knowing and willful violation of any rule adopted under the authority of Section

2 of Public Law 92-205 shall subject the person violating such to a fine or not

more than $10,000, upon conviction thereof."

One completed copy of this form is to be received 10 days 1 or more prior to

actual modification activities. A NOAA file number will be assigned by tbc

Administrator after receipt of the initial report for each project or activity.

1 For exceptions, see Sections 908.4(b) and (c), Part 908 of Title 15, Code of Federal

Regulations.

671

number must be made to the Administrator if the "Initial Report" is found to

contain any material inaccuracies, misstatements, and omissions, or if there are

changes in plans for the project or activity.

Item 1. Enter designation, if any, used by operator for the project or activity.

Item 2. Enter :

(a) Date first actual weather modification activity is to be undertaken;

(b) Date on which final weather modification activity is expected to occur.

Item 3. Enter the purpose of the project or activity : e.g., rainfall increase,

hail suppression, cold fog dispersal, etc.

Item 4. Enter :

(a) Name, phone number, affiliation, and address of the primary person

for whom the project is to be performed ( sponsor ) .

(b) Name, phone number, affiliation, and address of the person primarily

responsible for carrying out the project (operator) .

Item 5. A map should be attached showing size and location of target area,

control area, coded number and location of each item of ground-based weather

modification apparatus and coded number and location of key raingages, radars,

or other precipitation measuring devices. Also show location of airport for air-

borne operations.

Item 6. Describe the weather modification apparatus, modification agents, and

the techniques to be used. This would include type of ground or airborne appara-

tus to be used, type of modification material to be dispensed, rate of dispensing

material in grams per hour or other appropriate units, type of precipitation gages

to be used in target and control areas, and any other pertinent information such

as type of radars, type of aircraft to be used, techniques to be employed, (e.g.,

cloud base seeding at 10,000 feet msl).

Item 7. List name, phone number, affiliation, and address of the responsible

individual from whom log books or other records may be obtained.

Item 8. Provide applicable answers to questions as indicated.

Item 9. This item is to permit the reporting person to include any information

not covered by items 1 through 8 but which he feels is significant or of interest.

It is also to be used to include any information not covered elsewhere that the

Administrator may request.

672

Attachment

APPROVAL EXPIRES >2-3?-77

NOAA FORM 17 -4 A

U. S. DEPARTMENT Of COMMERCE

IONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

INTERIM ACTIVITY REPORTS AND FINAL REPORT

"This report is required by Public Law 92- 205/85 Sfof 735; ?5 U.S.C. 3306.

Knowing and willful violation of any rule adopted under the authority of sec-

tion 2 of Public Law 92—205 snail subject the person violating sued rule to

a fin* of not more than $10,000, upon conviction thereof."

NOAA FILE NUMBEf

I i INTERIM REPORT

I I FINAL REPORT

Complete in accordance with instructions on reverse «nd forward one copy:

TO: Environmental Modification Office (EM-5)

National Oceanic and Atmospheric Administration

Rocltville, Maryland 20852

(a)

Of

DAYS

DAYS PER MAJOR PURPOSE

NUMBER

OF MODI-

MISSIONS

NOURS OF

APPARATUS

OPERATION

BY TYPE

TYPE AND AMOUNT

OF AGENT USED

FEBRUARY

MARCH

APRIL

JUNE

AUGUST

OCTOBER

DECEMBER

TOTAL

TOTALS

FINAL

DATE ON WHICH FINAL WEATHER MODIFICATIOM ACTIVITY OCCURRED (For Fins I Report Only)

NAME OF REPORTING PERSON

CERTIFI- j cemfv ,),., .n statements in this repon on this weather modification proieci are

CA1ION: complete and correct to ihe best of my knowledge and are made in good faith

AFFILIATION

SIGNATURE

STREET ADDRESS

OFFICIAL TITLE

CITY

ZIP CODE

DATE

NOl« FORM 17-4* 61

Any person engaged in any weather modification project or activity in the

United States on January 1 in any year shall submit one copy of this form setting

forth as of such date the information required with respect to each such con-

tinuing project or activity not previously furnished in a prior interim report.

The box indicating "Interim Report" should be checked. The January 1 date

nhall not apply if other arrangements have previously been made with the writ-

ten approval of the Administrator of NOAA. The report shall be received by

NOAA not later than 45 days following the end of the reported period.

Upon completion of a project or activity one copy of this report shall be sub-

mit ted and the box checked indicating "Final Report." The final report shall be

673

activity.

The NOAA File Number should be filled in for any project for which the

Administrator has assigned a file number.

A supplemental report in letter form referring to the appropriate NOAA file

number must be made to the Administrator if the "Interim" or "Final" reports

are found to contain any material inaccuracies, misstatements, and omissions.

INTERIM REPORT

The information in Items (a) through (e) on the report form should be pro-

vided as prescribed below for the months to which the report pertains. If no

data are applicable for any given item in any month, enter zero.

Item (a) : Enter number of days on which actual weather modification

activities took place.

Item (b) : Enter in the appropriate column number of days on which modifica-

tion activities were conducted, segregated by each of the major purposes of the

activities. Normally, the total of entries in (b) would equal total in (a).

Item (c) : Enter number of modification missions that were carried out.

Item (d) : Enter in the appropriate column total number of hours of operation

of each type of weather modification apparatus, (i.e., net hours of agent release).

If the form does not contain sufficient space, report additional types on a sepa-

rate sheet.

Item (e) : Enter in the appropriate column total amount of agent used, by

type. If the form does not contain sufficient space, report additional types on a

separate sheet.

The totals for these items shall be provided for the period covered by the

interim report.

FINAL REPORT

The final report shall contain the information required for interim reports, to

the extent not previously reported. In addition, the items designated as "Totals

for Final Report" should be reported. This information should pertain to the

entire project or activity period, rather than only the period since the last interim

report. At the space at the end of the form, enter the date on which final

weather modification activity occurred.

674

DESIGNATION OF APPARATUS

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MODIFICATION AGENT

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DAILY LOG DURING WEATHER MODIFICATION ACTIVITIES

This report is required by Public Law 92-205; 85 Stat 735; 15 U.S.C. 330b. Knowing and

willful violation of any rule adopted under the authority of section 2 of Public Law 92-205 shall

subject the person violating such rule to a fine of not more than $10,000, upon conviction thereof.

LOCAL TIME

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