Science, and transportation united states senate

application for a professional weather modification license. The results of the,

applications should be indicated.

03.307 Indication whether a professional weather modification license issued

to the applicant in any jurisdiction has ever been suspended or revoked or

whether there has been refusal to renew such a license by any jurisdiction.

If the answer is yes. the circumstances must be explained in detail.

03.400 Procedure for Issuance : The Board shall evaluate the applications,

including responses from any references given by the applicant. On the basis

of all such information the Board shall, within thirty days of receipt of an

application, determine whether the natural person designated by the license

applicant under Section 03.100 meets the education and experience criteria

established by subsections 03.201 and 03.202 and whether such person and the

applicant possess the knowledge and experience necessary to engage in weather

modification operations and shall issue a license to the applicant who satisfies

the requirements of these regulations and Section 2-07-03.3 of the Act. If an

applicant for a license or the natural person designated by the applicant do not

satisfy any of such requirements, the Board shall deny the license.

03.500 Renewal of License : Forty-five days before expiration of licenses, the

Board shall mail license application forms to all licensees and request each

licensee to complete the form and file the original with the Board. The Board

shall evaluate the available data about the licensee and the natural person desig-

nated by the license applicant under Section 03.100 and shall issue a renewal

license within thirty days of receipt of the application to each applicant who

pays the license fee established by Section 2-07-03.3(1) of the Act and who has

the qualifications necessary for issuance of an original license. The Board shall

deny a renewal license within thirty days of receipt of the application of each

applicant who does not pay the renewal fee or who does not possess the qualifi-

cations necessary for issuance of an original license or who does not designate

a natural person, pursuant to Section 03.100, who satisfies the requirements

of Section 03.200.

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license applicant under Section 03.100 is deemed by the Board to be in control

of and primarily responsible for operations conducted under the terms of any

permit. However nothing in this section shall be construed to prevent appropriate

enforcement of any regulation, limitation, permit condition, or order against

either the permittee, or licensee, whether or not such licensee is a natural person.

R2-07 04 LICENSES-SUSPENSION, REVOCATION AND RESTORATION

04.100 Suspension, Revocation, Refusal to Renew a License: The Board may

suspend, revoke or refuse to renew a license for any one or any combination of

the following reasons :

04.101 Incompetency ;

04.102 Dishonest practice ;

04.103 False or fraudulent representation in obtaining a license or permit

under the Act or these Rules ;

04.104 Failure to comply with any of the provisions of the Act or of these

Rules ; and

04.105 Violation of any permit or permit condition.

04.200 Restoration of License : At any time after the suspension or revocation

of a license or after refusal to renew a license the Board may restore it to the

licensee or renew it upon a finding that the requirements for issuance of an

original license have been met by the licensee.

R2-07-05 PERMITS — APPLICATION, CRITERIA, ISSUANCE

05.100 Application for Permit : Application for a weather modification permit

shall be made on forms furnished by the Board. A properly executed application

shall be submitted to the Board by every applicant. The application may con-

tain such information as the Board deems necessary, and shall include the fol-

lowing information :

05.101 Name and address of the applicant ;

05.102 Whether a weather modification operational permit issued to the

applicant in any jurisdiction has ever been suspended or revoked or whether

there has been refusal to renew such a permit by any jurisdiction. If the

answer is yes, the circumstances must be explained in detail ;

05.103 If the applicant is a corporation, whether it is licensed to do business

in North Dakota ;

05.104 Whether a license has been issued under Section 2-07-03.3 of the Act,

and if so, the names, addresses and professional license numbers of the

controller (s) ;

05.105 Whether professional weather modification licenses issued to such

licensee (s) in any jurisdiction have ever been suspended or revoked or whether

there has been refusal to renew such license (s) by any jurisdiction. If the an-

swer is yes, the circumstances must be explained in detail ;

05.106 Whether proof of financial responsibility has been furnished in accord-

ance with Section 2-07-O4-3 of the Act and regulation R2-07M)8 ;

05.107 If the operation will be conducted under a contract, the value of the

contract ;

05.108 If the operation will not be conducted under a contract, an estimate

of the costs of the operation and information as to how the estimate was made ;

05.100 Whether the applicant has paid the application fee ;

05.110 Whether the applicant has North Dakota workmen's compensation

coverage ;

05.111 A copy of any promotional and advertising material used in connec-

tion with negotiations for the contract (if any) ;

05.112 Whether the applicant has furnished a performance bond, as required

by subsection 10.204 of these rules ;

05.113 Whether the applicant has furnished a bid bond, as required bv Section

2-07 09.1 of the Act ;

or, 1 1 i Whether the applicant has registered all pilots and aircraft to be used

in the operation for which the permit is sought with the North Dakota Aero-

nautics Commission.

05.115 A complete and detailed operational plan for the operation which

includes :

( 1 ) The nature and object of the operation :

(2) The legal descriptions of. and a map showing the operations area,

and the target, area ;

695

(3) The approximate starting date of the operation and its anticipated

(4) The kind of seeding agent (s) intended for use and the anticipated

rate of their use ;

(5) A list of equipment which will be used and the method (s) of seeding

for which they will be used ;

(6) An emergency shutdown procedure which states conditions under

which operations will be suspended because of possible danger to the public

health, safety and welfare or to the environment ;

(7) The means by which the operation plans will be implemented and

carried out; such as the location of the main operational office and any

other offices used in connection with the operation, the location of such

ground equipment as seeding generators, radar and evaluation instrumen-

tation, the number and kinds of aircraft which will be used and the extent

to which weather data will be made available to the licensees and other

personnel carrying out the project ; and

(8) How conduct of the operation will interact with or affect other weath-

er modification operations.

05.116 The application shall show an acceptable plan for evaluation of the

operation by the use of surface data reasonably available to the applicant.

05.117 Such additional information as will assist the Board in deciding whether

or not to issue the permit.

05.200 Procedure for issuance :

05.201 Notice : The Board shall give notice of its consideration of an applica-

tion in accordance with Section 2-07-04.1 of the Act. Notice shall be given once

a week for two consecutive weeks. The notice shall :

(1) Describe the primary target area.

(2) Describe the operations area.

(3) Specify the period of operation including starting and ending dates.

(4) Describe the general method of operation.

(5) Describe the intended effect of the operation.

(6) State the name of the proposed permittee.

05.202 Hearings : The Board shall allow twenty days for public comment, in

accordance with Section 2-07-04.1 of the Act. from the date of the last pulbica-

tion of the notice. Any hearing held upon objection received by the Board or any

hearing held upon the Board's own motion shall be held upon at least ten days

notice in the county newspaper in which notice of consideration of the applica-

tion was published. At any such hearing, the Board shall make a brief record

of testimony received, and shall consider all such testimony in its decision on

the permit application.

05.203 Director's Recommendation : At the close of the public comment period

provided for in Section 2-07-04.1 of the xVct. the Director of Weather Modifica-

tion Board shall review all applications for permits which have been received

and shall recommend approval or disapproval of such applications and the

reasons therefor.

05.204 Final Action by Board : The Board shall take final action on all applica-

tions for permits for which notice of consideration was published, pursuant to

Section 2-07-04.1 of the Act within 45 days of the close of the public comment

period. Approval of applications considered shall be by majority vote. In acting

on any such applications, the Board shall consider any recommendations made

by the Director of the Board and all testimony received at any hearing pursuant

to Section 2-07-04.1 of the Act. The Board may issue a permit only if it determines

that the requirements of Section 2-07-04(2) of the Act have been met.

R2-07-06 PERMITS FORM, CONDITIONS, EXPIRATION

06.100 Permit form : Each permit shall set forth the permit number, effective

period of the permit, name of the permittee, the name of the licensee and the

license number, the location of the operation, and such other information, terms

or conditions as the Board shall deem appropriate.

06.200 Permit conditions : The Board may attach to any permit such condi-

tions as it may deem appropriate, including any conditions concerning method

and time of operation, target and operation areas, safety precautions and record

keeping. The Operations Manual for Hail Decrease and Precipitation increase

is hereby made a condition of all permits issued and all permits shall be

subject thereto. Violation of any permit or any permit condition may result

in permit revocation or suspension or other appropriate enforcement action by

the Board.

696

2-07-04 of the Act and shall not be renewable.

R2-07-07 PERMITS — SUSPENSION, REVOCATION, MODIFICATION AND RESTORATION

07.100 Suspension, Revocation, Modification : The Board may suspend, revoke,

or modify any permit or any provision or condition of a permit if it appears

to the Board that the permittee no longer has the qualifications necessary for the

issuance of an original permit or has violated any provisions of the Act, the

terms or conditions of any permit, or any of these regulations. Any provisions

or conditions of a permit may be revised in accordance with the provisions of

Section 2-07-04.2 of the Act.

07.200 Automatic Suspension of Permit : Any permit issued to any person

under these regulations shall be suspended automatically if such person's weather

modifcation license expires or is suspended, revoked or not renewed by the

Board. Automatic suspension shall result in the case of a permit issued to a

corporation, partnership, or other business association, if the natural person

designated as being in control of the operation in such business association's

application for a weather modification license becomes incapacitated, leaves his

employment, or is in any way unable to continue in control of the operation. A

I>ermit of a business association suspended under such circumstances may be

reinstated by the nomination of replacement personnel in accordance with

Section 03.100 of these regulations.

07.300 Restoration of Permit : At any time after the suspension, revocation

or modification of a permit the Board may restore it to the permittee, or delete

any modification thereof, upon a finding that the requirements for issuance of

an original permit have been met by the permittee, or that the conditoins requir-

ing modification no longer exist.

R2-0 7-08 PROOF OF FINANCIAL RESPONSIBILITY

Proof of financial responsibility is made by showing to the satisfaction of the

Board that the permittee has the ability to respond in damages to liability which

might reasonably result from the operation for which the permit is sought.

Such proof of financial responsibility may be shown by :

08.100 Presentation to the Board of, or proof of purchase of. a prepaid non-

cancellable insurance policy or a corporate surety bond issued by a company

against whom service of legal process may be made in North Dakota against

such liabilities in an amount five times the value of an operation conducted

under contract or in an amount five times the estimated costs of an operation

not conducted under contract ; or

08.200 Depositing with the Board cash or negotiable securities in an amount

five times the value of an operation conducted under contract or in an amount

five times the estimated costs of an operation not conducted under contract.

08.300 Any other manner approved by the Board.

R2-07-09 RECORD KEEPING AND REPORTS

09.100 Records :

09.101 Daily Log : Each permittee shall fill in and retain a daily log of weather

modification activities for each unit of weather modification apparatus used

during an operation. Such log shall include a record of the following information

for each day of weather modification operations.

( 1 ) Date of the weather modification activity ;

(2) Each aircraft flight track and location of each radar unit during each

modification mission. Maps may be used ;

(3) Local time when modification activity began and ended. For inter-

mittent operations, the beginning and ending time of the total sequence are

acceptable ;

(4) Duration of operation of each unit of weather modificaiton apparatus,

in hours and minutes ;

(5) Description of type of modification agent(s) used;

(6) Rate of dispersal of agent during the period of actual operation of

weather modification apparatus, by hour cr other appropirate time period;

(7) Total amount of modification agent used. If more than one agent was

UMd, rejK)rt total for each type separately ;

(8) Local time when any radar monitoring operations were turned on and

turned off ;

697

(9) Type of clouds modified; that is, whether they were stratiform, iso-

(10) Remarks indicating such operational problem as equipment failure,

weather conditions not conducive to successful performance of the operation,

personnel problems and the like.

09.102 Monthly Totals : Monthly Totals shall be kept on the basis of the daily

logs, listing the total :

(1) Days during month in which operation conducted ;

(2) Time of operation ;

(3) Amount of each kind of agent used ;

(4) Average rate of dispersal of each kind of agent used ;

(5) Days of each type of cloud treated ; and

(6) Duration of operation of each unit of weather modification apparatus,

in hours and minutes.

09.103 Weather Records

Each permittee shall obtain and retain copies of all daily precipitation total

records available from the National Weather Service stations for the target

area.

09.104 Addresses of Participants

all employees participating in the state on an operation for which a permit has

been issued.

09.105 Inspection

Duly authorized agents of the Board shall have the authority to enter and in-

spect, any equipment and to inspect any records required by this regulation and

to make copies thereof.

09.106 Exempted Weather Modification Activities

All persons conducting weather modification activities exempted by the Board

under the provisions of Section 2-07-03.1 of the Act shall record and maintain

all of the records required of any permittee by this regulation.

09.200 Reports :

09.201 Monthly : Within ten days after the conclusion of each calendar month,

■ each permittee shall submit a written report to the Board which shall include :

(1 ) A copy of the summary record prepared under 09.102 ;

(2) A copy of the roster of the names and North Dakota addresses of all

employees participating in state operations which were prepared under

09.104 ;

(3) A copy, of the federal interim activity report form filed for that month

with the National Oceanic and Atmospheric Administration in accordance

with the rules adopted under the authority of Public Law 92-205 ; and

(4) A narrative account of the manner in which operations during the

month did not conform to the operational plan filed in accordance with

00.101(15).

09.202 Final : Within thirty days after final completion of any operation, each

permittee shall file with the Board a final report on the operation which shall

include :

(1) Copies of the logs prepared in accordance with 09.101, copies of the

weather records obtained in accordance with 09.103 and, copies of the totals

for the entire operational period from the monthly summary records pre-

pared under 09.102 ;

(2) A copy of the federal final activity report form filed with the National

Oceanic and Atmospheric Administration in accordance with the rules

adopted under the authority of Public Law 92-205 ; and

(3) A narrative account of the manner in which the operation did not

confirm to the operational plan filed in accordance with 05.101(15).

09.203 Evaluation : Within sixty days after completion of any operation for

which a permit was issued, each permittee shall file with the Board a narrative

evaluation of the operation. The data for this report shall be assembled and

evaluated in accordance with the evaluation plan prepared in compliance with

05.101(16).

09.204 Exempted Weather Modification Activities : The Board may, in its

discretion, require persons operating weather modification activities exempted

under R2-07-02 but who have been required to keep records pursuant to this

regulation, to file all or any part of such records with the Board.

698

10.100 Bid Procedure :

10.101 Advertisement and Reauest for Bid: (1^ In all cases where the Board

shall undertake to contract for services, supplies, or materials, the estimated

cost of which shall exceed $10,000 for any one contract, the Board shall advertise

for bids for such services, supplies, or materials. Such advertisement shall he

placed for three consecutive weeks in the official newspaper of the county in

which the Board's offices are located and in at least one official newspaper in

general circulation in the state. In the case of contracts for weather modifica-

tion operations, such advertisement shall also be placed in some trade publica-

tion of general circulation among those groups most likely to bid on the contract.

The advertisement shall state :

(a) That any prospective bidders may secure such contract specifications

and requirements as may be available by applying in writing to the offices

of the Board.

(b) The place where and the day and hour when the bids will be opened ;

(c) That the right of the Board to reject any and all bids is reserved ;

(d) Each bid shall be accompanied by a bidder's bond in a sum equal to

five percent of the full amount of the bid, executed by the bidder as principal

and by a surety company authorized to do business within this state, con-

ditioned that if the bid be accepted and the contract awarded to him, he,

within ten days notice of award, will execute and effect a contract in ac-

cordance with the terms of his bid and a contractor's bond in the manner

specified by subsection 10.204.

(e) No bid will be read or considered which does not fully comply with

the above provisions concerning bonding and no contract will be awarded

to any person who has not complied with any applicable licensing require-

ments of the Board.

(2) In the case of contracts for weather modification operations, the Board

may, in addition to the requirements of subsection 10.101(1), prepare a request

for bid in which it shall describe the minimum requirements for aircraft, radar,

communications and other equipment, operational and such other requirements as

it may deem necessary. Such request for bid shall include those items of informa-

tion specified in subdivisions (b) through (e) of subsection 10.101(1). The re-

quest may be sent by the Board to those persons having a recognized interest in

operations contracts.

10.102 Opening of Bids: At the time and place designated in the request for

bids, the Board shall conduct a public hearing at which it shall open all bids

received. After opening each bid, the Board shall determine whether such bid

meets the minimum requirements set forth in the Act, these regulations, and

the request for bid, and then read aloud each bid meeting such minimum re-

quirements. Bids which do not meet such minimum requirements shall not be read

or considered.

10.200 Award of contracts :

10.201 Deviation from technical requirements : Any or all bids may be rejected

by the Board on the basis of technical inadequacy or other failure to comply with

the specifications included in the request for bids. Bids which are technically

adequate but which show price quotations beyond the budget restrictions may be

negotiated with the Director for reduction in equipment and/or services either

required by, or bid over and above the requirements of, the request for bid. All