Weather Service Modernization Criteria

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 946

[Docket No. 960418114-6137-02]

RIN 0648-AF72

Weather Service Modernization Criteria

AGENCY: National Weather Service, National Oceanic and Atmospheric

Administration, Department of Commerce.

ACTION: Proposed amendment; request for comments.

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SUMMARY: In accordance with the Weather Service Modernization Act, 15

U.S.C. 313n. (the Act), the National Weather Service (NWS) is proposing

to amend its criteria governing the taking of certain modernization

actions. This amendment would add criteria unique to closing a field

office to ensure that closure actions will not result in any

degradation of service.

DATES: Comments are requested by July 8, 1996.

ADDRESSES: Requests for copies of documents stated in the preamble as

being available upon request and comments should be sent to Julie

Scanlon, NOAA/NWS, SSMC2, Room 9332, 1325 East-West Highway, Silver

Spring, Maryland 20910.

FOR FURTHER INFORMATION CONTACT: Nicholas Scheller, 301-713-0454.

SUPPLEMENTARY INFORMATION: Section 704(a) of the Act requires the NWS

to contract with the National Research Council (NRC) for a review of

the scientific and technical criteria for specified modernization

actions. The NRC conducted this review and submitted the required

report assessing the criteria to the Secretary of Commerce on July 28,

1993. Readers may obtain a copy of this Report from the contact and at

the address provided above.

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

in the Federal Register, based on the NRC Report, after providing an

opportunity for public comment and after consulting with the NRC and

the Modernization Transition Committee (the Committee) established by

section 707 of the Act. The NWS has already published all of the

required criteria except those for closing a field office, the final

step in the modernization process. These existing criteria are, or will

be, set forth in Appendices A and B to the basic modernization

regulations at 15 CFR part 946.

On March 2, 1994, the NWS published many of the required criteria

as Appendix A to the general modernization regulations at 15 CFR part

946 (see 59 FR 9921). These criteria were published in four categories

as follows:

(1) Those for modernization actions that do not require prior

certification of no degradation of service, i.e., commissioning new

weather observation systems and decommissioning outdated NWS radars

(Appendix A, Section I.);

(2) Those for modernization actions that do require

certification and are common to all such actions, e.g. providing

appropriate notification in the National Implementation Plan;

describing local weather characteristics and related weather

concerns; and comparing services before and after the action

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

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\1\ The criteria common to all modernization actions requiring

certification is a subset of the criteria that will be used to

certify closure actions. This section of the previously published

criteria is attached for reference (Attachment 1).

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(3) Those for modernization actions that require certification

and that are unique to consolidating field offices (Appendix A,

Section II.B.); and

(4) Those for modernization actions that require certification

and that are unique to relocating field offices (Appendix A, Section

II.C.).

On May 2, 1996, the NWS published proposed criteria unique to

automation (see 61 FR 19594). The comment period closes on June 1,

1996. These criteria will be added as Section II.D. to Appendix A and a

new Appendix B, after the NWS has time to respond to the public

comments, consult with the NRC and the Committee, and publish the final

version.

The present Notice proposes to further amend Appendix A to add the

remaining criteria, those for final closure of a field office, as

Section II.E. The proposed criteria are based on the July 28, 1993 NRC

report.

Summary of NWS Modernization

The proposed closure criteria can better be understood within the

context of the overall NWS modernization program. A total of 118

Weather Forecast Offices (WFO) supported by the National Centers for

Environmental Prediction (NCEP) and 13 modernized River Forecast

Centers (RFC) will exist in the modernized and restructured NWS. Each

WFO will have responsibility for all warnings and forecasts within its

assigned area of responsibility which, on average, will be half a

state. Modernized operations will allow forecasters to comprehensively

address the air-sea environment in their assigned area. Observation and

analysis of current and expected weather conditions can be quickly and

reliably completed, critical decisions made, and immediate warnings and

forecasts issued.

The concept of the local data base is central to modernized

operations at the WFO. The high volume of data from the local Doppler

weather surveillance radar and Geostationary Operational Environmental

Satellites combined with the high frequency observations from the

Automated Surface Observing Systems will flow directly to the WFO. The

most complete data sets will only be available to the local WFO. The

modernization is allowing NWS to convert its pre-modernization network

of 52 Weather Service Forecast Offices, about 200 smaller Weather

Service Offices, and about 35 meteorological observatories into the

modernized network of WFOs, RFCs and NCEP. For more information, see

the Strategic Plan for the Modernization and Associated Restructuring

of the National Weather Service, March 1989.

Transition Process

Closing a field office is the final step in an often complex

transition process in which a field office is carefully

[[Page 28805]]

phased out at the same time as one or more associated WFOs assume the

service responsibilities for that office. Closure may trigger any or

all of the following actions: Reassignment of remaining NWS staff;

removal of remaining equipment; disposal of facility; and restoration

of site. Generally, phasing out the old office will involve one or both

of the following major steps prior to closure:

Consolidation--consists of transferring the personnel from

the old office after commissioning the NEXRAD(s) at one or more of the

WFOs that will assume responsibility for that office; this action

occurs after county warning and NOAA Weather Radio responsibilities

have been reassigned to the associated WFO(s); services with users have

been confirmed; and the old radar, if there is one, has been

decommissioned.

Automation--consists of transferring the personnel taking

surface observations after commissioning an Automated Surface Observing

System (ASOS) at the old office; this action occurs after any

augmentation/backup responsibility has been transferred to the Federal

Aviation Administration (FAA); a supplementary data program is

operational at the associated WFO(s) responsible for the field office

to be automated; and services with users have been confirmed.

A more detailed description of this overall transition process can

be found in the Federal Register notices publishing the basic

modernization regulations (see 58 FR 18316--proposed; 58 FR 64088--

final). A more detailed description of the consolidation and automation

processes can be found in the Federal Register notices establishing or

proposing the criteria unique to certifying these actions (see 59 FR

9921--consolidation; 61 FR 19594--automation).

Closure Prerequisites

Both consolidation and automation are major steps in the transition

process requiring certification that they will not result in any

degradation of service. Almost all of the field offices planned for

closure will carry out at least one of these two actions and most will

carry out both. (Only 11 field offices planned for closure will carry

out neither). The current version of the annual National Implementation

Plan for Modernization of the National Weather Service provides a

listing of all field offices planned for closure and the applicability

of consolidation and/or automation.

Each field office that does carry out a consolidation and/or an

automation will have to complete all of the requirements for

certification for the relevant action(s) as a prerequisite to closure.

Consequently, completion of these prerequisite certification

requirements, as applicable, are the first two modernization criteria

for closure.

In some cases, the action(s) to consolidate and/or automate an

office may be proposed concurrently with the proposed closure action.

In these cases the proposed closure certification may be combined with

the proposed certification(s) for consolidation and/or automation, as

long as all the requirements for these prerequisite actions are met by

the time the closure certification is proposed. In these cases the

relevant criteria for closure are not completion of the relevant

certifications but documentation of all the requirements for the

relevant certifications so that all required certifications can be

reviewed concurrently.

After consolidation and automation occur, there may be some service

or observational responsibilities remaining at a field office planned

for closure. In these cases, reassignment of remaining service

responsibilities and/or modernized arrangements for remaining

observational responsibilities will require an additional capability to

be operational (e.g., Advanced Weather Interactive Processing System

(AWIPS) at a future WFO). Thus the third criterion for closure ensures

that any remaining service or observational responsibilities have been

transitioned.

The fourth criterion for closure relates to user acceptance of

modernization by the users of weather services. Similar criteria where

established as part of both consolidation and automation

certifications. NWS has developed an extensive and proactive program to

gain user acceptance and endorsement of changes resulting from

modernization. This program includes:

User Awareness--informational briefings and mailings to

the many and varied users at the National, state and local levels on

a frequent and recurring basis throughout the transition period;

Notification and Technical Coordination--advanced

notification of when specific modernization activities are scheduled

to occur both in the annual submission of the National

Implementation Plan, and by mailings from NWS field office managers

to users in their local areas; and coordination of specific

technical aspects of activities with users to ensure they understand

the change and have sufficient lead time to make any adjustments

needed to take full advantage of modernization; and

Service Confirmation--follow-up with users after a

change has been made to ensure that services they receive have

remained intact, accessible and of an acceptable quality, and to

resolve any outstanding issues or problems they might have.

The MIC's recommendation for certification will address service

confirmation by users.

The fifth criterion for closure deals with warning and forecast

verification. Verification is used to objectively measure the accuracy

and timeliness of warnings and forecasts. The closure criteria related

to verification are designed to support certification requirements that

ensure that closure actions will not result in any degradation of

service.

The warning verification will focus on warnings that are most often

localized, short-lived, and associated with the most destructive and

life-threatening severe weather. Forecast verification will focus on

the basic elements of public and aviation forecasts.

For closure certification, verification statistics will be compared

before and during the transition period prior to closure. The

statistical measures that will be utilized to ensure no degradation of

service will conform to those reviewed by the National Research Council

in 1993.

Special Circumstances

It should be noted that two of the criteria that were published

with those criteria common to all types of certification actions (see

Attachment 1) are primarily applicable to closure certifications. These

are:

(1) Air Safety Appraisal--Section 706(e)(1) of the Act requires the

Secretary of Commerce, in consultation with the Secretary of

Transportation and the Committee, to conduct an air safety appraisal

prior to closure or relocation of a field office located at an airport,

to determine that such action will not result in degradation of service

that affects aircraft safety. The NWS and FAA have jointly determined

the nature of this air safety appraisal. They have agreed to conduct

this air safety appraisal on a programmatic basis during establishment

of final modernization criteria for automation and closure

certification. A copy of the completed air safety appraisal will be

included with each closure certification.

(2) Evaluation of Services to In-state Users--the field offices

planned for closure that are the only field office in a state are:

Weather Services Offices in Baltimore, MD; Concord, NH; Hartford, CT;

Providence, RI; and Wilmington, DE. The required evaluation will be

addressed in the MIC's recommendation for certification.

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A. Classification Under Executive Order 12866

These proposed regulations establish procedures and criteria for

certifying that certain actions to modernize NWS will not result in any

degradation of weather services to the affected service area. They will

not result in any direct or indirect economic impacts, and have been

determined not to be significant for purposes of E.O. 12866.

B. Regulatory Flexibility Act Analysis

These regulations set forth the criteria for certifying that

certain modernization actions will not result in a degradation of

service to the affected area. These criteria will be appended to the

Weather Service Modernization regulations. The Assistant General

Counsel for Legislation and Regulation of the Department of Commerce

has certified to the Chief Counsel for Advocacy of the Small Business

Administration that these criteria, if adopted as proposed, will not

have a significant economic impact on a substantial number of small

entities. These proposed criteria are intended for internal agency use,

and will not directly affect small business. The proposed criteria do

not directly affect ``small government jurisdictions'' as defined by

Pub. L. 96-354, the Regulatory Flexibility Act. Accordingly, no initial

regulatory flexibility analysis has been prepared.

C. Paperwork Reduction Act of 1980

These regulations will impose no information collection

requirements of the type covered by Pub. L. 96-511, the Paperwork

Reduction Act of 1980.

D. E.O. 12612

This rule does not contain policies with sufficient Federalism

implications to warrant preparation of a Federalism assessment under

Executive Order 12612.

E. National Environmental Policy Act

NOAA has concluded that publication of this proposed rule does not

constitute a major Federal action significantly affecting the quality

of the human environment. Therefore, an environmental impact statement

is not required. A programmatic Environmental Impact Statement (EIS)

regarding NEXRAD was prepared in November 1984, and an Environmental

Assessment to update the portion of the EIS dealing with the bioeffects

of NEXRAD non-ionizing radiation was issued in 1993.

List of Subjects in 15 CFR Part 946

Administrative practice and procedure, Certification,

Commissioning, Decommissioning, National Weather Service, Weather

service modernization.

Dated: June 1, 1996.

Elbert W. Friday, Jr.,

Assistant Administrator for Weather Services.

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

proposed to be amended as follows:

PART 946--[AMENDED]

1. The authority citation for part 946 continues to read as

follows:

Authority: Title VII of Pub. L. 102-567, 106 Stat 4303 (15

U.S.C. 313n).

Appendix A to Part 946--[Amended]

2. Appendix A to part 946 is amended by adding a new Subsection (E)

under Section II. Criteria for Modernization Actions Requiring

Certification, to read as follows:

(E) Proposed Modernization Criteria Unique to Closure

Certifications.

1. Consolidation Certification; If the field office proposed for

closure has or will be consolidated, as defined in Sec. 946.2 of the

basic modernization regulations, this action has been completed as

evidenced by the approved certification or can be completed as

evidenced by all of the documentation that all of the requirements

of sections II.A. and II.B. of this Annex have been completed.

2. Automation Certification: If the field office proposed for

closure has or will be automated, as defined in Sec. 946.2 of the

basic modernization regulations, this action has been completed as

evidenced by the approved certification or can be completed as

evidenced by documentation that all of the requirements of sections

II.A. and II.C. of this Annex have been completed.

3. Remaining Services and/or Observations: All remaining service

and/or observational responsibilities, if applicable to the field

office proposed for closure, have been transitioned as addressed in

the MIC's recommendation for certification.

4. User Confirmation of Services: Any valid user complaints

received related to provision of weather services have been

satisfactorily resolved and the issues addressed in the MIC's

recommendation for certification.

5. Warning and Forecast Verification: Warning and forecast

verification statistics, produced in accordance with the Closure

Certification Verification Plan, have been utilized in support of

the MIC's recommendation for certification.

Attachment 1

Appendix A to Part 946--National Weather Service Modernization

Criteria (Relevant portions)

II. Criteria for Modernization Actions Requiring Certification

(A). Criteria Common to all Types of Certifications (except as

noted)

1. Notification: Advanced notification and the expected date of

the proposed certification have been provided in the National

Implementation Plan.

2. Local Weather Characteristics and Weather Related Concerns: A

description of local weather characteristics and weather related

concerns which affect the weather services provided to the affected

service area is provided.

3. Comparison of Services: A comparison of services before and

after the proposed action demonstrates that all services currently

provided to the affected service area will continue to be provided.

4. Recent or Expected Modernization of NWS Operations in the

Affected Service Area: A description of recent or expected

modernization of NWS operations in the affected service area is

provided.

5. NEXRAD Network Coverage: NEXRAD network coverage or gaps in

coverage at 10 feet over the affected service area are identified.

6. Air Safety Appraisal (applies only to relocation and closure

of field offices at an airport): Verification that there will be no

degradation of service that affects aircraft safety has been made by

conducting an air safety appraisal in consultation with the Federal

Aviation Administration.

7. Evaluation of Service to In-state Users (applies only to

relocation and closure of the only field office in a state):

Verification that there will be no degradation of weather services

provided to the state has been made by evaluating the effects on

weather services provided to in-State users.

8. Liaison Officer: Arrangements have been made to retain a

Liaison Officer in the affected service area for at least two years

to provide timely information regarding the activities of the NWS

which may affect service to the community, including modernization

and restructuring; and to work with area weather service users,

including persons associated with general aviation, civil defense,

emergency preparedness, and the news media, with respect to the

provision of timely weather warnings and forecasts.

9. Meteorologist-In-Charge's (MIC) Recommendation to Certify:

The MIC of the future WFO that will have responsibility for the

affected service area has recommended certification in accordance

with 15 CFR 946.7(a).

10. Regional Director's Certification: The cognizant Regional

Director has approved the MIC's recommended certification of no

degradation of service to the affected service area in accordance

with 15 CFR 946.8.

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

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