Weather Service Modernization Criteria

DEPARTMENT OF JUSTICE

National Oceanic and Atmospheric Administration

15 CFR Part 946

[Docket No. 960418114-6278-04]

RIN 0648-AF72

Weather Service Modernization Criteria

AGENCY: National Weather Service, National Oceanic and Atmospheric

Administration, Department of Commerce.

ACTION: Final rule.

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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 publishing

an amendment to its criteria for modernization actions requiring

certification. This amendment adds criteria unique to closing a field

office to ensure that closure actions will not result in any

degradation of service. Closing a field office is the final step in an

often complex transition process in which a field office is carefully

phased out at the same time as one or more associated Weather Forecast

Offices (WFO) assume the service responsibilities for that office.

EFFECTIVE DATE: October 11, 1996.

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

being available upon request 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: On June 6, 1996, the NWS published, for

comment, proposed modernization criteria unique to closing a field

office (see 61 FR 28804). In that notice, there were two minor errors.

The first was a typographical error in section II.A.5 of Attachment 1

to the June 6, 1996 notice, as was pointed out in one of the public

comments (see comment B.1. below). The correct figure is 10,000 feet as

indicated in section 706(b)(4) of Public Law 102-567. The second error

appeared in the Supplementary Information section of the June 6, 1996

notice. Under ``Evaluation of Services to In-state Users'', the list of

field offices planned for closure that are the only field office in a

state incorrectly included Weather Service Office (WSO) Hartford, CT.

The correct list of field offices planned for closure that are the only

field office in a state is: WSO Baltimore, MD; WSO Concord, NH; WSO

Providence, RI; and WSO Wilmington, DE.

After consideration of the public comments that were received and,

after consultation with the National Research Council's (NRC) NWS

Modernization Committee and the Modernization Transition Committee

(MTC), the NWS is now establishing the final modernization criteria for

closing a field office. Consultation with the NRC's NWS Modernization

Committee was completed on September 9, 1996. During consultation with

the MTC on September 19, 1996, the MTC offered the following:

The Modernization Transition Committee (MTC) has reviewed the

comments received in response to the notice in the Federal Register,

considered information provided through presentations and reports,

and thoroughly discussed the issue of closure of National Weather

Service offices in relationship to modernization with the following

conclusions:

1. The criteria for closure are consistent with the need to

maintain timely and accurate weather services; and

2. When applied the criteria will ensure no degradation of

weather services.

Therefore, the MTC recommends the adoption of the closure

criteria.

Peter R. Leavitt,

Chair, Modernization Transition Committee.

Public comments were received from a trade journal, Minnesota Cold

Weather Resource Center, and the State of Hawaii.

The issues and concerns raised in the comments and NWS' response

follows.

A. Comments Generally Related to the Proposed Closure Criteria

1. Comment: Three comments addressed various aspects of

notification of modernization actions: (a) One comment stated that

``The current NWS procedure of posting proposed NWS actions in the

Federal Register without concurrent notification to known interested

parties, especially individuals, local affected communities, etc. is

totally unacceptable''; (b) two comments stated that advertised local

public hearings should be held in communities affected by proposed

modernization actions, particularly certifications; (c) one comment

expressed frustration about the continual change of timetables

concerning the status of the International Falls office; and (d) one

comment requested that the State of Hawaii be kept fully informed on

the status of modernization activities and receive copies of

certifications.

Response: (a) Notification of Modernization Actions--The Federal

Register is the Federal Government's official means of providing

notification of actions, requesting public comments, etc. Public Law

102-567 specifically requires NWS to publish certain modernization

actions in the Federal Register. These include proposed and final

modernization criteria (section 704) and proposed and final

certifications (section 706). Also, the Federal Advisory Committee Act

requires advanced notification of Federal advisory committee meetings

be published in the Federal Register. Since the MTC is a Federal

advisory committee, established by section 707 of Public Law 102-567,

notification of MTC meetings are published in the Federal Register.

In recognition of the fact that weather service users may not read

the Federal Register regularly, NWS has taken additional steps to

advise interested parties of opportunities to provide input on

modernization actions. For example, in May 1996, NWS published proposed

automation criteria in the Federal Register for public comment.

Coincident with this publication, NWS mailed over 3,000 letters to

users advising them of the opportunity to comment. Also, when the

proposed closure criteria were published in the Federal Register in

June 1996, NWS sent a letter to each member of Congress advising them

of the opportunity to comment.

Beyond the Federal Register, there are several other ways in which

NWS keeps interested parties informed on modernization actions. A

National Implementation Plan (NIP) is published annually as required by

section 703 of Public Law 102-567. In addition to describing the

overall NWS modernization program, the NIP provides a detailed status

report on implementation progress and state-by-state notification

tables that list completed and upcoming (next 3 years)

[[Page 53308]]

modernization activities for each weather office. The NIP is

distributed to each member of Congress, cooperating agencies, state and

local governments, and users of weather services. Each of the 119

future Weather Forecast Offices operates an extensive outreach program

that includes notification to users several years in advance of

modernization actions technical coordination with users several months

prior to modernization actions, and follow-up with users after

modernization actions. This outreach program was described in detail in

the June 6, 1996 Federal Register notice that proposed closure criteria

and is also described in the annual NIP.

(b) Local Public Hearings--The MTC was established to review

certifications as well as advise the Secretary of Commerce and Congress

on implementation of modernization and matters of public safety and the

provision of weather services which relate to modernization. The MTC is

comprised of representatives from the NWS, the Department of Defense,

the Federal Aviation Administration, the Federal Emergency Management

Agency, civil defense and public safety organizations, news media, the

National Weather Service Employees Organization, and private sector

users of weather information, as prescribed by section 707 of Public

Law 102-567. Each proposed certification is made available to the MTC

for review and is also published in the Federal Register for a 60-day

public comment period. Meetings of the MTC are held about 4 times per

year to review certifications that have completed the 60-day public

comment period. The MTC is provided with copies of all public comments

received. MTC findings, conclusions and recommendations on each

certification are included as part of the certification package that

goes to the Secretary of Commerce for decision. Where particular

community concern is evident, the MTC is willing to hold a meeting in

that community. For example, in 1994, the MTC held meetings in Redwood

City and Monterey, California to consider the proposed relocation of

the San Francisco Weather Service Forecast Office from Redwood City to

Monterey. As mentioned previously, the MTC is a Federal advisory

committee, so advanced notification of MTC meetings are published in

the Federal Register, the meetings are open to the public, and a public

comment period is part of the meeting agenda so that members of the

public may address the MTC directly.

(c) Changing Timetables--NWS recognizes how frustrating changing

schedules can be. There are several reasons why modernization schedules

change. First, the NWS modernization program is a very complex, multi-

year effort encompassing a number of major system programs, each with

its own development/deployment schedule. Second, year-to-year budget

decisions often result in schedule adjustments. Lastly, many

modernization actions are event driven, e.g., decommissioning of an old

system requires commissioning of the replacement system. While calendar

schedules are forecast for these type of actions, until all

prerequisites are actually met, the action can not be taken, NWS

attempts to keep all interested parties informed of the latest schedule

for modernization actions through the NIP and local outreach efforts as

described above in the response to comment A.1.a.

(d) Status of Modernization in Hawaii--NWS agrees and will keep the

State of Hawaii fully informed on the status of modernization

activities through the annual NIP and its outreach program as described

in the response to comment A.1.a. Copies of proposed and final

certifications are published in the Federal Register.

2. Comment: Two comments stated that an independent review of

certifications recommended by the Meteorologist-In-Charge (MIC) is

needed to assure an objective and thorough process.

Response: There are several mechanisms in place to provide

independent oversight of NWS modernization. As described in the

response to comment A.1.b above, the MTC provides independent review of

each certification. The National Academy of Science's National Research

Council (NRC) established an NWS Modernization Committee in 1990. In

the past 6\1/2\ years, this Committee has reviewed and reported on NWS

modernization both in its entirety and from a number of specific

perspectives. With respect to certification, in 1993, the NRC's

Modernization Committee reviewed and reported on the modernization

criteria on which the certifications would be based. This Committee

will continue to provide oversight of NWS modernization for at least

the next several years. Following is a list of NRC reports already

issued on NWS modernization:

{time} Toward A New National Weather Service--A First Report, March

1990

{time} Toward A New National Weather Service--A Second Report, April

1991

{time} Review of Modernization Criteria, July 1993

{time} National Weather Service Employee Feedback, April 1994

{time} Weather for Those Who Fly, April 1994

{time} Assessment of NEXRAD Coverage and Associated Weather Services,

June 1995

{time} The importance of the United States Weather Research Program

for NWS Modernization, February 1996

3. Comment: One comment stated that ``Many citizens of northern

Minnesota continue to feel that they are/will not receive the same

level of service from the NWS as the rest of the country.''

Response: Public Law 102-567 established a ``no degradation of

service'' requirement to be applied on an affected area by affected

area basis. This requirement is satisfied through the certification

process which must show that modernized weather services for an

affected area are at least equal to pre-modernized weather services for

that affected area. Comparison of one area to another area is not part

of the certification requirement.

4. Comment: One comment took exception to actions that do not

require certification, i.e., commissioning of new weather observation

systems and decommissioning outdated NWS radars. This comment stated

that ``An `outdated NWS radar' should not be decommissioned until it is

demonstrated that its intended replacement provides acceptable

performance and coverage of the required area down to an altitude of

10,000 feet. Appropriate performance criteria should be established for

such actions.''

Response: NWS agrees that appropriate criteria should be

established for certain modernization actions that do not require

certification. Section 704 of Public Law 102-567 requires establishment

of modernization criteria for: ``commissioning new weather observation

systems, decommissioning an outdated National Weather Service radar,

and evaluating staffing needs for field offices in an affected service

area.'' These modernization criteria were published for public comment

on December 6, 1993 (see 58 FR 64202) and were based on the July 1993

NRC report, Review of Modernization Criteria. After consultation with

both the NRC and the MTC and consideration of public comments that were

received, final modernization criteria for these actions were published

on March 2, 1994 (see 59 FR 9921). The criteria established for

decommissioning an ``outdated NWS radar'' do require that the replacing

NEXRADs (WSR-88Ds) be commissioned (i.e., satisfactorily support

warning and forecast services)

[[Page 53309]]

and that confirmation of services with users be obtained. The basic

requirement of Public Law 102-567 is that there be no degradation of

service and our criteria require that we identify where NEXRAD coverage

at 10,000 feet will and will not be provided to the affected service

area. However, there is no requirement for NEXRAD coverage at an

elevation of 10,000 feet.

5. Comment: One comment pointed out that ``pending actions in the

Congress that COULD effectively cancel or greatly modify current

modernization criteria provisions in the federal law. Thus review of

NWS modernization criteria is premature. This review should be

postponed until final Congressional action is taken on the matter.''

Response: The Civilian Science Authorization Act of 1996, House

Resolution 3322, includes a provision to streamline the certification

requirements of Public Law 102-567. The Senate has not taken any action

to change the certification requirements of Public Law 102-567. NWS can

not anticipate Congressional action and must continue to meet the

requirements of the existing law; therefore, establishment of closure

criteria is not premature. If and when changes to Public Law 102-567

are enacted, NWS will revise modernization criteria and certification

procedures as required to comply with any enacted changes.

6. Comment: One comment stated that ``It is not clear how these

proposed criteria will apply to the recent recommendations of the

Secretary of Commerce to the Congress on further changes to the

Modernization Plan. That should be clarified in this document.''

Response: In October 1995, the Secretary of Commerce released his

report, Secretary's Report to Congress on Adequacy of NEXRAD Coverage

and Degradation of Weather Services Under National Weather Service

Modernization for 32 Areas of Concern. This report assessed potential

degradation of service for 32 areas of concern that had been

established through the solicitation of comments from the public in

late 1994. The assessment utilized criteria developed by the National

Research Council in their June 1995 report, Toward a New National

Weather Service--Assessment of NEXRAD Coverage and Associated Weather

Services. The Secretary's report determined that new NEXRADs in

northern Indiana, northern Alabama and western Arkansas and a new WFO

in northern Indiana were needed to mitigate inadequacies in the

original modernization plan. The Secretary's report also identified

several areas of concern where further study was needed. In a sense,

the Secretary's report can be viewed as a mid-course review/adjustment

of the modernization program. This mid-course review/adjustment was

conducted in accordance with study guidelines (appendix A of the

Secretary's report) which stated in part, ``Submission of a report

under this section shall not relieve the Secretary from the requirement

of section 706(b) of the WSMA to certify no degradation of service when

she/he restructures a field office.'' Thus the proposed closure

criteria must be established to provide the basis for closure

certifications.

B. Comments Specifically Related to the Proposed Closure Criteria

1. Comment: One comment stated that ``The criteria for closure are

consistent with maintaining timely and accurate weather services for

Maui County.''

Response: NWS agrees.

2. Comment: One comment pointed out that there was an error in the

June 6, 1996 Federal Register notice.

Response: NWS agrees. There was a typographical error in section

II.A.5 of Attachment 1 to the June 6, 1996 notice. The correct figure

is 10,000 feet as indicated in section 706(b)(4) of Public Law 102-567.

The common criteria, attachment 1, were republished with the proposed

criteria unique to closure certification for the convenience of the

reader. These common criteria were established as final criteria on

March 2, 1994 (see 59 FR 9921).

3. Comment: Two comments addressed several aspects of NEXRAD

coverage at an elevation of 10,000 feet. One comment stated that ``In

the event that any community will not have coverage down to 10,000 feet

the existing local NWS radar should not be decommissioned or the local

WSO be closed. It should be noted that currently there are no

provisions if the NWS cannot certify coverage down to 10,000 feet for

any locality.'' Another comment stated that ``the fact remains that

portions of northern Minnesota are not covered by NEXRAD at the 10,000

foot level--the base criteria established by the NWS.''

Response: As mentioned in the response to comment A.4, there is no

requirement in Public Law 102-567 for NEXRAD coverage at an elevation

of 10,000 feet. Further, NWS has never established a criterion that

requires NEXRAD coverage at an elevation of 10,000 feet. Section

706(b)(4) of Public Law 102-567 does require each certification to

identify any area that will not be covered by NEXRAD at an elevation of

10,000 feet. Because of concerns about the adequacy of NEXRAD coverage,

the NRC conducted a study which compared pre-modernized and modernized

radar coverage for a number of weather phenomena. The NRC developed

criteria to assess the impact of degraded radar coverage for any

weather phenomenon on the quality of weather services. In June 1995,

the NRC delivered their report entitled, Toward a New National Weather

Service--Assessment of NEXRAD Coverage and Associated Weather Services.

A team of experts applied the NRC's criteria and prepared the

Secretary's Report to Congress on Adequacy of NEXRAD Coverage and

Degradation of Weather Services Under National Weather Service

Modernization for 32 Areas of Concern. In some cases, the Secretary's

Report concluded that degraded radar coverage would result in a

degradation of weather services and recommended mitigation actions (see

response to comment A.6). In other cases, the Secretary's Report

concluded that small areas of degraded radar coverage for particular

weather phenomena would not result in a degradation of weather

services. Ultimately, it is the certification process that will assess

the degradation of weather services for each affected area.

4. Comment: One comment asked ``Has the timetable for the liaison

officer been definitely set, and will they have access to the proper

tools to effectively do their job?''

Response: The liaison officer is designated at the time of

certification. Since certifications are event driven, (see the response

to comment A.1.c) timetables for liaison officers do sometimes change.

The annual NIP provides notification tables for when modernization

actions, including certifications, are expected to occur at each NWS

office. Section 706(f) of Public Law 102-567 specifies the duties of

the liaison officer as:

(1) Providing timely information regarding the activities of the

National Weather Service which may affect service to the community,

including modernization and restructuring: and

(2) working 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.

All liaison offices will be provided with the necessary tools and

resources to perform these duties.

5. Comment: Concerning the Air Safety Appraisal, one comment stated

that ``This appraisal should include the effect of NEXRAD non-real time

[[Page 53310]]

operation on affected airport operations.''

Response: As part of the certification for closure or relocation of

a field office which is located on an airport, section 706(e)(1) of

Public Law 102-567 requires an air safety appraisal be conducted to

determine that such action will not result in degradation of service

that affects aircraft safety. The required air safety appraisal will

address the provision of weather services that affect aircraft safety.

Since NEXRAD is a tool used by NWS in the provision of these aviation

weather services, use of NEXRAD will be, at a minimum, implicitly

included in the appraisal.

6. Comment: One comment requested that ``NOAA ensure that the Maui

NWS office is not closed until all modernization and restructuring

(MAR) systems (4 Doppler weather radars, 8 Automated Surface Observing

Systems, GOES 9 and the AWIPS) are fully installed and performing to

expectations.''

Response: The Kahului Weather Service Office on Maui will not be

closed until the Secretary of Commerce can certify no degradation of

service. The ability to certify will be dependent on installation and

satisfactory performance of modernized systems, although not

necessarily all the ones listed in the comment. However, all 4 Doppler

weather radars and all 8 Automated Surface Observing Systems are

installed and several are already operational. GOES 9 has been launched

and is operational. AWIPS will be deployed and made operational at WFO

Honolulu prior to initiating the closure certification for WSO Kahului.

7. Comment: One comment stated that ``No action has been taken to

provide for lake wind advisories for the Rainy Lake area and Lake of

The Woods--two large bodies of water that host a great deal of

recreation.''

Response: In Minnesota, when winds are expected to meet a specified

criteria, the forecast office issues a wind advisory for area lakes.

The following conditions must be expected to exist for more than three

hours; sustained winds at speeds of 20 to 30 mph and gusts over 30 mph.

The advisories are typically issued during the months of April through

November, but in Northern Minnesota most advisories are issued between

May and October. These time frames are variable due to ice cover on the

lakes. The advisories are issued under the product ID MSPNPWMSP (WMO

header WWUS45 KMSP). In addition to the MSPNPWMSP product, wind

forecasts for the areas of concern can be found in the Minnesota Zone

Forecast Product MSPZFPMN (WMO header FPUS5 KMSP) and the Short Term

Forecasts. Short Term Forecasts for the Lake of the Woods area can be

found under the product BISNOWFAR (WMO header FXUS21 KFAR). Short term

forecasts for the Rainy Lake area can be found under the product

MSPNOWDLH (WMO header FXUS21 KDLH). The Zone Forecast Product provides

forecast information for generally a two day time period. Forecasts

from zero to six hours can be found in the Short Term Forecasts. The

products described above are available through: NWS Family of Services;

NOAA Weather Wire Service; NOAA Weather Radio; the media; and the

Internet (IWIN on the NWS home page). NOAA Weather Radio transmitters

are located in Littlefork (near International Falls and Rainy Lake) and

in Roosevelt (near Lake of the Woods).

C. Other Comments

1. Comment: One comment stated that ``Continued reports of ASOS

limitations in term (sic) of detecting various forms of precipitation

have not been addressed (sic). Also, there are reports of lost data

from ASOS locations.''

Response: Similar comments were received in response to the

proposed automation criteria that were published on May 2, 1996 (see 61

FR 19594). Responses to these comments were provided in the July 31,

1996 notice that established final automation criteria for service

level A, B and C airports (see 61 FR 39862). The NWS, as stated in the

response to these comments, is continuing to operate cooperative

observer stations and considering opening new COOP stations where

observations are scarce. In addition, the Supplementary Data Program

became operational on October 1, 1995 at 119 WFOs, where staffing and

equipment permits.

2. Comment: One comment took exception to the statement ``* * *

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 only and will

not directly affect small business. * * * Accordingly no initial

regulatory flexibility analysis has been prepared.'' The comment then

stated that ``These criteria can effect EVERY business small or large,

and every government agency if the resulting National Weather Service

system fails to provide to the general public adequate, timely warning

of severe weather, especially tornadoes. Negative effects of ASOS

performance on national climatological records will have a devastating

effect on small businesses that depend on the validity of

climatological records. These criteria should be sent to the Chief

Council for Advocacy of the Small Business Administration for review.''

Response: NWS has fully complied with the requirements of 5 U.S.C.

601 et seq., the Regulatory Flexibility Act. Pursuant to 5 U.S.C.

605(b), NWS sent the proposed regulations to the Chief Counsel for

advocacy of the Small Business Administration along with a

certification that these criteria, if adopted, would not have a

significant economic impact on a substantial number of small entities.

This regulation merely establishes the procedures that will be followed

in meeting the requirement contained in Public Law 102-567, that NWS

cannot close a field office until the Secretary of Commerce certifies

to the Congress that there will be no degradation of service to the

affected area. This requirement will assure that NWS will fulfill its

mission and continue to provide the same level of weather forecasts,

warnings and advisories for the protection of life and property in the

United States. Moreover, this requirement ensures that any potential

impact of a closure, including the economic impact on small businesses

will be slight.

A. Classification Under Executive Order 12866

These regulations 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 when these criteria were proposed, that if adopted, they

would not have a significant economic impact on a substantial number of

small entities. Response to a comment received in regarding the

certification was addressed above. Accordingly, no final regulatory

flexibility analysis was prepared.

C. Paperwork Reduction Act of 1980

These regulations will impose no information collection

requirements subject to the Paperwork Reduction Act.

[[Page 53311]]

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 issuance of this 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: October 8, 1996.

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:

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.)

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

under Section II. CRITERIA FOR MODERNIZATION ACTIONS REQUIRING

CERTIFICATION, to read as follows:

(E) 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 has 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 transmitted 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.

[FR Doc. 96-26207 Filed 10-10-96; 8:45 am]

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