[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21099]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 946

[Docket No. 920383-4207]
RIN 0648-AE73

 

Weather Service Modernization

AGENCY: National Weather Service, National Oceanic and Atmospheric 
Administration, Commerce.

ACTION: Final rule.

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SUMMARY: On December 3, 1993, the National Weather Service (NWS) 
published final rules establishing its internal process for certifying 
that there will be no degradation of weather services as a result of 
consolidating, automating, or relocating a field office during the 
first stage of the modernization of the Weather Service. These rules 
defined what constitutes ``consolidating'' or ``automating'' a field 
office in terms of replacing or removing personnel from that office. 
Today, NWS is issuing this interpretative rule to amend the definitions 
of ``automate'' and ``consolidate'' to clarify that reductions in hours 
of operation of a field office do not require certification if caused 
by unplanned decreases in staff that are beyond the control of the NWS, 
such as employees retiring or taking other positions outside or within 
NWS. Similarly, NWS is amending the definition of ``change operations 
at a field office'' to clarify that such employee actions do not 
require advance notification to Congress in the National Implementation 
Plan even though there may be a temporary reduction in the staffing 
level at affected offices. Finally, NWS is defining ``unplanned 
decrease in staff'' to mean a temporary reduction in the number of 
employees available for duty at a field office resulting from employee 
retirement, resignation, extended sick leave or emergency leave, or 
voluntary acceptance of training or of a position outside that field 
office.

EFFECTIVE DATE: August 29, 1994.

FOR FURTHER INFORMATION CONTACT: Senator Raygor, (301) 713-0391.

SUPPLEMENTARY INFORMATION: On December 3, 1993, the NWS published final 
regulations setting forth its internal procedures for certifying that 
there would be no degradation of services as a result of consolidating, 
automating, or relocating a field office during the initial stage of 
modernization (58 FR 64088). These regulations were based on the 
provisions of the Weather Service Modernization Act, title VII of 
Public Law 102-567 (15 U.S.C. 313n).
    During the modernization, the current field office structure of 52 
Weather Service Forecast Offices and about 200 smaller Weather Service 
Offices will evolve into a new structure consisting of 117 Weather 
Forecast Offices with uniform service responsibilities using more 
sophisticated technology including new radars (WSR-88Ds) and a new 
automated surface observing system (ASOS). The ability of the NWS to 
phase down an old office will depend primarily on when the office's 
radar responsibilities can be assumed by one or more new radars and/or 
when the office's surface observation responsibilities can be assumed 
by an ASOS.
    A basic purpose of the Act and the regulations is to ensure that, 
before phasing down an old office, the NWS provides adequate assurance 
that the services provided with the new technology, either with the 
WSR-88Ds at the new offices or with the ASOS units, will continue to be 
at least equal to existing services. This assurance is provided through 
a certification that there will be no degradation of service as the 
result of ``consolidating'' the office (if it is operating a radar that 
will be replaced by one or more new WSR-88D(s)) or ``automating'' the 
office (if it takes surface observations that will be replaced by an 
ASOS).
    The Act defines the term ``automate'' as ``replac[ing] employees 
with automated weather service equipment.'' Section 946.2 of the 
regulations further elaborates that an employee performing surface 
observations at a field office is ``replaced'' when he or she is: ``(1) 
removed from the field office, or (2) formally requested to cease 
performing all observational responsibilities at that office'' after 
the office has installed automated weather service observation 
equipment and reduced or eliminated its surface observation 
responsibilities.
    The Act does not define the term ``consolidate.'' Section 946.2 of 
the regulations defines the term analogously to the term ``automate'' 
as ``remov[ing] some positions from a field office (without closing 
that office) after those responsibilities have been reduced or 
eliminated by the commissioning of one or more NEXRADs, the 
decommissioning of the radar operated by that office, if any, and the 
combination of that office's responsibilities with those of another 
field office.''
    Implicit in both definitions and in the entire concept of 
certification is the assumption that the actions involved are subject 
to NWS control. However, a number of offices are being affected by 
employee decisions that are beyond NWS control: retirements, 
resignations, illnesses, training requests, and acceptance of jobs at 
other offices.
    In some cases, an employee resigns or voluntarily transfers before 
the introduction of an ASOS unit at the relevant office. In other 
cases, the employee action may coincide with the introduction of the 
modernized technology. For example, at a typical five person WSO, if 
one employee retires and a second accepts another position, it may be 
necessary to temporarily reduce the operating hours of that office. If 
this reduction occurs at an office operating a radar after a 
replacement WSR-88D has begun to operate, some might argue that a 
``consolidation'' has occurred. Similarly, if the reduction occurred 
after the introduction of the relevant ASOS, some might argue, 
incorrectly, that an ``automation'' occurred.
    In both types of cases, the NWS responds as it historically has 
responded: by operating as efficiently as it can while shorthanded and 
filling the vacancy(ies) as quickly as possible. The present 
regulations are ambiguous in these cases. The amendments made today to 
the regulations clarify that neither unplanned reduction constitutes a 
certifiable action.
    This interpretative rule amends the definitions of ``automate'' and 
``consolidate'' to clarify that reductions in hours of operation of a 
field office do not require certification if caused by unplanned 
decreases in staff resulting from employee actions beyond the control 
of the NWS, such as employees retiring or taking other positions 
outside or within NWS. The interpretative rule adds a definition for 
``unplanned decrease in staff'' defining the term to mean a temporary 
reduction in the number of employees available for duty at a field 
office resulting from employee retirement, resignation, extended sick 
leave or emergency leave, or voluntary acceptance of training or of a 
position outside that field office.
    Finally, the phrase ``change operations at a field office'' is 
amended to clarify that such employee actions do not constitute a 
change in operations requiring advance notification to Congress in the 
National Implementation Plan even though there may be a temporary 
reduction in the staffing level at the affected office. The timing of 
such employee actions simply precludes such notification.

A. Classification Under Executive Order 12866

    This interpretative rule has been determined to be not significant 
for purposes of Executive Order 12866.

B. Administrative Procedure Act and Regulatory Flexibility Act

    This interpretative rule makes clarifying amendments to the 
definitions of several words and phrases used by NWS in its procedures 
for certifying that ``no degradation'' of weather services to areas 
affected by the consolidation, automation or relocation of a field 
office in the course of modernizing NWS. Since this is an 
interpretative rule, under section 553(b)(A) of the Administrative 
Procedure Act (APA), notice-and-comment rulemaking is not required. 
Accordingly, under section 603 of the Regulatory Flexibility Act, 
preparation of a Regulatory Flexibility Analysis is not required for 
this rule. As an interpretative rule, under section 553(d)(2) of the 
APA, it can and is being made immediately effective.

C. Paperwork Reduction Act

    These regulations do not contain an information collection 
requirement subject to the Paperwork Reduction Act.

D. E.O. 12612

    The regulations do 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 issuances of this interpretative 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 March 
1993.

List of Subjects in 15 CFR Part 946

    Administrative practice and procedure, National Weather Service, 
Weather service modernization.

    Dated: August 22, 1994.
Elbert W. Friday, Jr.,
Assistant Administrator for Weather Services.
    Accordingly, for the reasons set out in the preamble, 15 CFR part 
946 is amended as follows:

PART 946--MODERNIZATION OF THE WEATHER SERVICE

    1. The authority section 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. In Sec. 946.2, by revising the definitions for ``Automate (or 
automation)'', ``Change operations at a field office'', and 
``Consolidate (or consolidation)'', and by adding in alphabetical order 
a definition of the term ``Unplanned decreases in staff'' to read as 
follows:


Sec. 946.2  Definitions.

    Automate (or automation) means to replace employees performing 
surface observations at a field office with automated weather service 
observation equipment. For the purposes of this definition, an employee 
performing surface observations at a field office is replaced when that 
office, after installing such equipment, reduces or eliminates its 
responsibility for taking surface observations and removes the employee 
from that field office, or formally requests the employee to cease 
performing all observational responsibilities at that office. Automate 
does not include temporarily reducing the hours of operation during 
which a field office is responsible for surface observations or 
augmenting/backing up an ASOS when such reduction results from an 
unplanned decrease in staff.
* * * * *
    Change operations at a field office means to transfer service 
responsibility, commission weather observation systems, decommission a 
NWS radar, move an entire field office to a new location inside the 
local commuting and service area, or significantly change the staffing 
level of a field office except where the staffing change constitutes a 
consolidation or automation or where there is an unplanned decrease in 
staff.
* * * * *
    Consolidate (or consolidation) means to remove some positions from 
a field office (without closing that office) after those 
responsibilities have been reduced or eliminated by the commissioning 
of one or more NEXRADS, the decommissioning of the radar operated by 
that office, if any, and the combination of that office's 
responsibilities with those of another field office. Consolidate does 
not include temporarily reducing the hours during which a field office 
is responsible for operating a radar when such reduction results from 
an unplanned decrease in staff.
* * * * *
    Unplanned decrease in staff means a temporary reduction in the 
number of employees available for duty at a field office resulting from 
employee retirement, resignation, extended sick leave or emergency 
leave, or voluntary acceptance of training or of a position outside 
that field office.
* * * * *
[FR Doc. 94-21099 Filed 8-26-94; 8:45 am]
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