Weather Service Modernization Criteria

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 946

[Docket No. 931221-3321]

RIN 0648-AF72

Weather Service Modernization Criteria

agency: National Weather Service (NWS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

action: Final rule.

-----------------------------------------------------------------------

summary: This final rule establishes NWS criteria for taking certain

modernization actions such as commissioning new weather observation

systems, decommissioning outdated NWS radars and evaluating staffing

needs for field offices in an affected area; and its criteria for

certifying that closing, consolidating, automating, or relocating a

field office will not degrade service to the affected area. A notice of

proposed rulemaking (published December 6, 1993, 58 FR 64202) set forth

the proposed criteria for those actions except for automating and

closing field offices. The criteria for those two actions require

further development and, after notice, public comments, and

consultation with the Committee and NRC will be published in final form

before either of these actions take place. All final criteria will be

set forth as Appendix A to the basic modernization regulations at 15

CFR part 946 promulgated at 58 FR 64088.

effective date: March 2, 1994.

addresses: Requests for copies of documents should be sent to Julie

Scanlon, NOAA/GCW, 1325 East-West Highway, #18111, Silver Spring, MD

20910, 301-713-0053.

for further information contact: Julie Scanlon, 301-713-0053.

supplementary information: Section 704 of the NOAA Authorization Act of

1992 (Act) requires the NWS to contract with the National Research

Council (NRC) for a review of the scientific and technical

modernization criteria by which the NWS proposes to certify, under

section 706 of the Act, actions to close, consolidate, automate, or

relocate a field office and the preparation and submission of a report

assessing these criteria. The NRC prepared this report and submitted it

to the Secretary of Commerce on July 28, 1993. The NRC endorsed the

criteria proposed, with certain reservations about some of the criteria

that relate to the commissioning of Automated Surface Observing System

(ASOS) and automation certification.

Section 704(b) of the Act requires the NWS to publish the final

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). The

public comment period closed January 5, 1994. There was one comment

received. This was submitted by the National Weather Service Employees

Organization (NWSEO). Consultation with the Committee was completed on

January 13, 1994. The Committee reviewed the public comment and offered

one recommendation to be added to the criteria. Consultation with the

NRC was completed on February 23, 1994.

The major comments were as follows:

Comment 1--NWSEO stated that the criteria do not contain

``statistical and analytical measures'' for determining that there will

be no degradation of service but rather are merely ``process

criteria.''

Response--The commentor is incorrect in stating that the criteria

are merely process criteria. The criteria for each action contain the

necessary analytical and performance measures. The criteria for

consolidation contain measures for evaluating each of its component and

subcomponent elements, often in exhaustive detail. These include

measures to ensure that the new radar is commissionable, e.g., adequate

operations and maintenance personnel, adequate backup capability,

system availability of at least 96 percent; and that the old radar can

be decommissioned. The criteria for relocation include a checklist to

ensure that each element of the move will be considered in advance and

can be completed without degrading services. The NRC found these

criteria to be adequate to determine that no degradation would result

from these actions.

The commentor advocates use of post hoc statistical verification

measures for every type of certifiable action. Such a regime is

impractical. For example, in the case of a relocation, it is impossible

to collect statistical data from the new office location until the old

office has been relocated there, and the office relocation can not

legally occur until a relocation certification has been approved; yet

the certification would be dependent on the statistical data.

As contemplated by NWSEO, such a regime would impose extensive

delays and costs on the modernization and clearly would be

unreasonable. Statistical data must be collected over a long period of

time after the restructuring actively has taken place to be

statistically valid. The minimum time period that would be acceptable

would be 1 year after the certifiable event.

Comment 2--The NWSEO contends that any relocation also constitutes

a closure and, therefore, the criteria should be the same.

Response--Congress specifically listed four separate types of

actions that are to be certified and clearly stated that one, closures,

could not take place until 1996. This scheme is clearly understandable.

The proposed interpretation of NWSEO would effectively eliminate a

``relocation'' as a separate category of certifiable action. Relocation

of an office is distinctly different from closure of an office. In the

case of relocation, the same office continues to exist, albeit in a

different location. The office continues to provide the same products

and services to the same users in the same service area. In the case of

a closure, the office ceases to exist as an entity; the responsibility

for providing products and services and the service area is reassigned

to another office, or split up among several other offices. Also, as

the commentor notes, this interpretation would preclude the NWS from

relocating any office until 1996. The legislative history of Public

Laws 100-685 and 102-567 make it clear that one of Congress' overriding

concerns was with the closure of offices as the NWS field office

structure shrinks from 250 to 116. Before the new Weather Forecast

Office (WFO) takes on full responsibility for its new larger area,

statistical verification is appropriate. In the case of a relocation,

no such considerations are present.

Comment 3--NWSEO comment states that the evidence from previous

office moves is not an appropriate basis for certifying that relocating

the Redwood City office will not lead to any degradation of service.

Response--In essence, this comment repeats the arguments discussed

above--the NWS cannot relocate this office until it has statistical

verification and not until at least 1996 after AWIPS is installed. The

NWS disagrees for the reasons stated.

The NWS agrees that it is important to identify those analogous

previous office moves that will be relied upon for evidence. Primarily,

these are the offices that were moved in their entirety, although

experience in moving other offices in stages may be useful with respect

to certain aspects of the relocation and, therefore, that evidence may

be relevant. Offices that have been moved in their entirety were: The

Washington WSFO, which was moved from Camp Springs, MD, to Sterling,

VA; the Philadelphia WSFO which was moved from Philadelphia, PA, to

Mount Holly, NJ; and the Ann Arbor WSFO, which was moved from Ann

Arbor, MI to White Lake, MI. The evidence from these moves will be

considered as part of the relocation certification.

The comment that these moves are within a ``local commuting area''

(a concept that was not even in existence at the time of one of these

moves) and may involve different climatological conditions completely

misses the point--there simply is no difference between the existing

office and the relocated office in terms of the data that is received,

the equipment and staff that processes it, the products and services

that are disseminated, and the way they are disseminated, except

perhaps where the telecommunications services are obtained from a

different company. The evidence from these previous moves demonstrates

that the NWS is capable of making the necessary technical changes so

that the relocated office will operate identically and provide

identical services.

Comment 4--The NWSEO states ``no new technology is involved in

relocation actions''.

Response--At the time of the actual relocation from Redwood City,

CA, to Monterey, CA, no new technology will be involved. The Redwood

City office will be moved in its entirety, including all existing

equipment, to Monterey. The commentor is correct however, that ``the

new facility at Monterey will have NEXRAD and eventually AWIPS'', since

Monterey will become a WFO. These later steps could involve a

consolidation or closure. This illustrates that a relocation is a

distinctly different action than a consolidation or closure, which will

involve new technology. Certifications of such consolidation or

closures will include evidence based on the use of the new technology.

Comment 5--The NWSEO commented that ``the criteria proposed by the

NWS contains no measure of service quality, nor any indication that

service quality will be measured as part of the certification

process.''

Resonse--For a consolidation certification, criteria 2, User

Confirmation of Services, measures service quality from the user

perspective. After services have been transferred to the NEXRAD office,

but prior to the consolidation action, confirmation that services have

not been degraded is obtained from users in the affected service area.

Since this is impractical for relocation certification, evidence from

other completed office moves is used as a measure of service quality.

Comment 6--The Committee recommended that section IIA3 be amended

to include that there would be no degradation of service.

Response--the NWS agrees and has changed that section accordingly.

A. Classification Under Executive Order 12866

This rule is not subject to review under E.O. 12866.

B. Regulatory Flexibility Act Analysis

These regulations set forth the criteria for certain modernization

actions such as commissioning new weather observation systems,

decommissioning outdated NWS radars, and evaluating staff needs at a

field office and the criteria for certifying certain modernization

actions such as consolidating and relocating a field office, will not

result in a degradation of service to the affected area. These criteria

will be appended to the Weather Service Modernization regulations. The

General Counsel of the Department of Commerce certified to the Chief

Counsel for Advocacy of the Small Business Administration when these

criteria were proposed, that this action will not have a significant

economic impact on a substantial number of small entities. These final

criteria are intended for internal agency use, and the impact on small

business entities will be negligible. The final criteria does not

directly affect ``small government jurisdictions'' as defined by Public

Law 96-354, the Regulatory Flexibility Act.

C. Paperwork Reduction Act of 1980

These regulations will impose no information collection

requirements of the type covered by Public Law 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 the final 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 is being reviewed.

List of Subjects in 15 CFR Part 946

Administrative practice and procedure, Certification,

Commissioning, Decommissioning, National Weather Service, Weather

service modernization.

Dated: February 23, 1994.

Elbert W. Friday, Jr.,

Assistant Administrator for Weather Services.

For the reasons set out in the preamble, 15 CFR part 946 is amended

as follows:

PART 946--MODERNIZATION OF THE NATIONAL WEATHER SERVICE

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. 313 note).

2. An Appendix A is added at the end of part 946 to read as

follows:

Appendix A to Part 946--National Weather Service Modernization

Criteria

I. Modernization Criteria for Actions Not Requiring Certification

(A) Commissioning of New Weather Observation Systems

(1) Automated Surface Observation Systems (ASOS)

Purpose: Successful commissioning for full operational use

requires a demonstration, by tests and other means, that the ASOS

equipment, as installed in the field office, meets its technical

requirements; that the prescribed operating, maintenance, and

logistic support elements are in place; that operations have been

properly staffed with trained personnel and that the equipment can

be operated with all other installed mating elements of the

modernized NWS system.

Note: It may be necessary to incorporate work-arounds to

complete some of the items listed below in a timely and cost-

effective manner. A work-around provides for an alternative method

of meeting a commissioning criteria through the application of a

pre-approved operational procedure implemented on a temporary basis,

for example, by human augmentation of the observation for the

occurrence of freezing rain, until such time as a freezing rain

sensor has been accepted for operational use with ASOS. The ASOS

Plan referenced below includes a process for recommending,

approving, and documenting work arounds and requires that they be

tracked as open items until they can be eliminated by implementation

of the originally intended capability.

References: The criteria and evaluation elements for

commissioning are set forth and further detailed in the NWS-

Sponsored Automated Surface Observing System (ASOS) Site Component

Commissioning Plan (the ASOS Plan), more specifically in Addendum I,

Appendix D of the ASOS Site Component Commissioning Evaluation

Package (the ASOS Package).

Criteria: a. ASOS Acceptance Test: The site component acceptance

test, which includes objective tests to demonstrate that the ASOS,

as installed at the given site, meets its technical specifications,

has been successfully completed in accordance with item 1a, p. D-2

of Appendix D of the ASOS Package.

b. Sensor Siting: Sensor sitings provide representative

observations in accordance with Appendix C of the ASOS Package,

Guidance for Evaluating Representativeness of ASOS Observations and

item 1b, p. D-2 of Appendix D of the ASOS Package.

c. Initialization Parameters: Initialization parameters are in

agreement with source information provided by the ASOS Program

Office, in accordance with item 1c, pp. D-2 & D-3 of Appendix D of

the ASOS Package.

d. Sensor Performance Verification: Sensor performance has been

verified in accordance with the requirements stated in the ASOS Site

Technical Manual and item 1d, p. D-3 of the ASOS Package.

e. Field Modification Kits/Firmware Installed: All critical

field modification kits and firmware for the site as required by

attachments 3a & b (pp. D-45 & D-46) or memorandum issued to the

regions, have been installed on the ASOS in accordance with item 1e,

p. D-4 of Appendix of the ASOS Package.

f. Operations and Maintenance Documentation: A full set of

operations and maintenance documentation is available in accordance

with items 2a-h, pp. D-5 & D-6 of Appendix D of the ASOS Package.

g. Notification of and Technical Coordination with Users: All

affected users have been notified of the initial date for ASOS

operations and have received a technical coordination package in

accordance with item 2i, pp. D-6 & D-7 of Appendix D of the ASOS

Package.

h. Availability of Trained Operations Personnel: Adequate

operations staff are available, training materials are available,

and required training has been completed, per section 3.2.3.1 of the

ASOS Plan, in accordance with items 3a-c, p. D-8 of Appendix D of

the ASOS package.

i. Maintenance Capability: Proper maintenance personnel and

support systems and arrangements are available in accordance with

items 4a-e, pp. D-9 & D-10 of Appendix D of the ASOS Package.

j. Performance of Site Interfaces: The equipment can be operated

in all of its required modes and in conjunction with all of its

interfacing equipment per the detailed checklists of items 5a-b, pp.

D-11 & D-19 of Appendix D of the ASOS Package.

k. Support of Associated NWS Forecasting and Warning Services:

The equipment provides proper support of NWS forecasting and warning

services and archiving, including operation of all specified

automatic and manually augmented modes per the checklist, items 6a-

e, pp. D-20 to D-29, of Appendix D of the ASOS Package.

l. Service Backup Capabilities: Personnel, equipment, and

supporting services are available and capable of providing required

backup readings and services in support of operations when primary

equipment is inoperable in accordance with items 7a-g, pp. D-30 to

D-32, of Appendix D of the ASOS Package.

m. Augmentation Capabilities: Personnel are available and

trained to provide augmentation of ASOS observations in accordance

with augmentation procedures, items 8a-c, p. D-33 of Appendix D of

the ASOS Package.

n. Representativeness of Observations: Observations are

representative of the hydrometeorological conditions of the

observing location as determined by a period of observation of at

least 60 days prior to commissioning in accordance with Appendix C

and item 6e, pp. D-27 to D-29 of Appendix D of the ASOS Package.

(2) WSR-88D Radar System

Purpose: Successful commissioning for full operational use

requires a demonstration, by tests and other means, that the WSR-88D

radar system, as installed in the field office, meets its technical

requirements; that the prescribed operating, maintenance, and

logistic support elements are in place; that operations have been

properly staffed with trained personnel; and that the equipment can

be operated with all other installed mating elements of the

modernized NWS system.

Note: It may be necessary to incorporate work-arounds to

complete some of the items listed below in a timely and cost-

effective manner. A work-around provides for an alternative method

of meeting a commissioning criteria through the application for a

pre-approved operational procedure implemented on a temporary basis.

The WSR-88D Plan referenced below includes a process for

recommending, approving, and documenting work arounds and requires

that they be tracked as open items until they can be eliminated by

implementation of the originally intended capability.

Reference: The criteria and evaluation elements for

commissioning are set forth and further detailed in the NWS-

Sponsored WSR-88D Site Component Commissioning Plan (the 88D Plan)

and an Attachment to that Plan, called the WSR-88D Site Component

Commissioning Evaluation Package (the WSR-88D Package).

Criteria: a. WSR-88D Radar Acceptance Test: The site component

acceptance test, which includes objective tests to demonstrate that

the WSR-88D radar, as installed at the given site, meets its

technical specifications, has been successfully completed in

accordance with items 1a-f, p. A-2 of Appendix A of the WSR-88D

Package.

b. Availability of Trained Operations and Maintenance Personnel:

Adequate operations and maintenance staffs are available, training

materials are available, and required training has been completed in

accordance with items 2a-h, pp. A-3 & A-4 of Appendix A of the WSR-

88D Package.

c. Satisfactory Operation of System Interfaces: The system can

be operated in all of its required modes and in conjunction with all

of its interfacing equipment in accordance with items 3a-e, p. A-5

of Appendix A of the WSR-88D Package.

d. Satisfactory Support of Associated NWS Forecasting and

Warning Services: The system provides proper support of NWS

forecasting and warning services, including at least 96 percent

availability of the radar coded message for a period of 30

consecutive days prior to commissioning in accordance with items 4a-

kk, pp. A-6 to A-17 of Appendix A of the WSR-88D Package.

e. Service Backup Capabilities: Service backup capabilities

function properly when the primary system is inoperable in

accordance with items 5a-e, p. A-18 of Appendix A of the WSR-88D

Package.

f. Documentation for Operations and Maintenance: A full set of

operations and maintenance documentation is available in accordance

with items 6a-n, pp. A-19 to A-25 of Appendix A of the WSR-88D

Package.

g. Spare Parts and Test Equipment: A full complement of spare

parts and test equipment is available on site in accordance with

items 7a-e, p. A-26, of Appendix A of the WSR-88D Package.

(B) Decommissioning an Outdated NWS Radar

Purpose: Successful decomissioning of an old radar requires

assurance that the existing radar is no longer needed to support

delivery of services and products and local office operations.

References: The criteria and evaluation elements for

decommissioning are set forth and further detailed in the NWS-

Sponsored Network and Local Warning Radars (Including Adjunct

Equipment) Site Component Decommissioning Plan (the Plan), more

specifically in Appendix B to that Plan, called the Site Component

Decommissioning Evaluating Package, and in Section 3.3 of the

Internal and External Communication and Coordination Plan for the

Modernization and Associated Restructuring of the Weather Service.

Criteria: a. Replacing WSR-88D(s) Commissioning/User Service

Confirmation: The replacing WSR-88D(s) have been commissioned and

user confirmation of services has been successfully completed, i.e.,

all valid user complaints related to actual system performance have

been satisfactorily resolved, in accordance with items 1a-c, p. B-10

of Appendix B of the Plan.

b. Operation Not Dependent on Existing Radar: The outdated radar

is not required for service coverage, in accordance with items 2a-c,

p. B-11 of Appendix B of the Plan.

c. Notification of Users: Adequate notification of users has

been provided, in accordance with items 3a-f, pp. B-12 & B-13 of

Appendix B of the Plan.

d. Disposal of Existing Radar: Preparations for disposal of the

old existing radar have been completed, in accordance with items 4a-

d, pp. B-14 & B-15 of Appendix B of the Plan.

(C) Evaluating Staffing Needs for Field Offices in Affected Areas

References: The criteria and evaluation elements are set forth

and further detailed in the ASOS and WSR-88D Evaluation Packages and

in the Human Resources and Position Management Plan for the National

Weather Service Modernization and Associated Restructuring (the

Human Resources Plan).

Criteria: 1. Availability of Trained Operations and Maintenance

Personnel at a NEXRAD Weather Service Forecast Office or NEXRAD

Weather Service Office: Adequate operations and maintenance staffs

are available to commission a WSR-88D, specifically criterion b. set

forth in section I.A.2. of this Appendix which includes meeting the

Stage 1 staffing levels set forth in chapter 3 of the Human

Resources Plan.

2. Availability of Trained Operations and Maintenance Personnel

at any field office receiving an ASOS: Adequate operations and

maintenance staff are available to meet the requirements for

commissioning an ASOS, specifically criteria h and i set forth in

section I.A.1 of this Appendix.

II. Criteria for Modernization Actions Requiring Certification

(A) Modernization 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

with no degradation of services.

4. Recent or Excepted 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 10,000 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 Services 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 effect 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.

(B) Modernization Criteria Unique to Consolidation Certifications

1. WSR-88D Commissioning: All necessary WSR-88D radars have been

successfully commissioned in accordance with the criteria set forth

in section I.A.2. of this Appendix.

2. User Confirmation of Services: All valid user complaints

related to actual system performance have been satisfactorily

resolved in accordance with section 3.3 of the Internal and External

Communication and Coordination Plan for the Modernization and

Associated Restructuring of the National Weather Service.

3. Decommissioning of Existing Radar: The existing radar, if

any, has been successfully decommissioned in accordance with the

criteria set forth in section I.B. of this Appendix.

(C) Modernization Criteria Unique to Relocation Certifications

1. Approval of Proposed Relocation Checklist: The cognizant

regional director has approved a proposed relocation checklist

setting forth the necessary elements in the relocation process to

assure that all affected users will be given advanced notification

of the relocation, that delivery of NWS services and products will

not be interrupted during the office relocation, and that the office

to be relocated will resume full operation at the new facility

expeditiously so as to minimize the service backup period.

Specific Elements: a. Notification of and Technical Coordination

with Users: The proposed relocation checklist provides for the

notification of and technical coordination with all affected users.

b. Identification and Preparation of Backup Sites: The proposed

relocation checklist identifies the necessary backup sites and the

steps necessary to prepare to use backup sites to ensure service

coverage during the move and checkout period.

c. Start of Service Backup: The proposed relocation checklist

provides for invocation of service backup by designated sites prior

to office relocation.

d. Systems, Furniture and Communications: The proposed

relocation checklist identifies the steps necessary to move all

systems and furniture to the new facility and to install

communications at the new facility.

e. Installation and Checkout: The proposed relocation checklist

identifies all steps to install and checkout systems and furniture

and to connect to communications at the new facility.

f. Validation of Systems Operability and Service Delivery: The

proposed relocation checklist provides for validation of system

operability and service delivery from the new facility.

2. Publishing of the Proposed Relocation Checklist and Evidence

form Completed Moves: The proposed relocation checklist and the

evidence from other similar office moves that have been completed,

have been published in the Federal Register for public comment. The

evidence from the other office moves indicates that they have been

successfully completed.

3. Resolution of Public Comments Received: All responsive public

comments received from publication, in the Federal Register, of the

checklists and of the evidence from completed moves are

satisfactorily answered.

[FR Doc. 94-4659 Filed 3-1-94; 8:45 am]

BILLING CODE 3510-12-M