[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR946.7]

[Page 275-276]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 946--MODERNIZATION OF THE NATIONAL WEATHER SERVICE--Table of Contents
 
Sec. 946.7  Preparation of proposed certification for restructuring.

    (a) Whenever it becomes appropriate to restructure a field office 
identified in the National Implementation Plan, but prior to taking such 
action, the Responsible Meteorologist shall make a determination that 
there will be no degradation of service based on the final criteria 
published in the Federal Register in accordance with sec. 704 of the Act 
and recommend a proposed certification. The proposed certification may 
address all related restructuring actions that occur as part of a 
coordinated step described in the National Implementation Plan.
    (b) The proposed certification shall include:
    (1) A description of local weather characteristics and weather-
related concerns which affect the weather services provided within the 
service area;
    (2) A detailed comparison of the inventory of services provided 
within the service area prior to such action and the services to be 
provided after such action;
    (3) Any recent or expected modernization of NWS operations which 
will enhance services to the affected area;
    (4) An identification of any area within any state which will not 
receive NEXRAD coverage at an elevation of 10,000 feet;
    (5) Evidence based upon operational demonstration of modernized NWS 
operations which support a determination that no degradation in service 
will result;

[[Page 276]]

    (6) Any report of the Committee issued under sec. 707(c) of the Act; 
and
    (7) The Responsible Meteorologist's determination that there will be 
no degradation of service.
    (c) If the restructuring proposed to be certified involves the 
commissioning of a NEXRAD, the Responsible Meteorologist shall also 
consider the following evidence from operational demonstration of 
modernized operations in reaching the conclusion that no degradation of 
service will result:
    (1) The Commissioning Report containing the elements described in 
Sec. 946.5(a);
    (2) The Decommissioning Report containing the elements described in 
Sec. 946.5(c); and
    (3) The Confirmation of Services Report prepared by the NWS in 
accordance with paragraph (e) of this section.
    (d) If the restructuring proposed to be certified involves the 
commissioning of an ASOS unit, the Responsible Meteorologist shall also 
consider the following evidence from operational demonstration of 
modernized operations in reaching the conclusion that no degradation of 
service will result:
    (1) The Commissioning Report containing the elements described in 
Sec. 946.5(a);
    (2) The NWS Surface Observation Modernization Report documenting 
that manual observations being discontinued are no longer needed to 
provide mission field services; based on the final scientific and 
technical criteria (including all requirements and procedures) published 
in the Federal Register in accordance with section 704(b)(2) of the act; 
and
    (3) The Confirmation of Services Report prepared by the NWS in 
accordance with paragraph (e) of this section.
    (e) The Confirmation of Services Report required by paragraphs (c) 
and (d) of this section shall include a list of those users who have 
been contacted during the confirmation process, to document that 
services have not been degraded. These users shall include the 
appropriate media and emergency managers in the service area and the 
appropriate federal and state agencies including specifically the FAA if 
the restructuring involves a field office located at an airport and 
consultation with the FAA has not been conducted in accordance with 
Sec. 946.5(b). This Report shall be based on the scientific and 
technical criteria set forth in the Internal and External Communication 
and Coordination Plan for the Modernization and Associated Restructuring 
of the National Weather Service, which criteria shall be included in the 
final certification criteria published in the Federal Register in 
accordance with sec. 704(b)(2) of the Act.
    (f) If the restructuring proposed to be certified involves the 
relocation of a field office, the Responsible Meteorologist shall also 
consider the following evidence in reaching the conclusion that no 
degradation of service will result:
    (1) Evidence based upon operational demonstration during earlier 
modernization actions in which an entire field office was moved from one 
location to another including specifically the impact of such moves on 
services;
    (2) A checklist of all operational tests and inspections that will 
be performed at the new location to ensure that the relocated equipment 
is fully operational;
    (3) A list of all users notified prior to the relocation, and a list 
of the contacts that will be made with the relevant users to confirm 
operational status after the relocation; and
    (4) Comments received from notified users and those received during 
the public comment period.