[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4659]
[[Page Unknown]]
[Federal Register: March 2, 1994]
=======================================================================
-----------------------------------------------------------------------
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systems, decommissioning outdated NWS radars and evaluating staffing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