[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR908.12]



[Page 71-72]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 908_MAINTAINING RECORDS AND SUBMITTING REPORTS ON WEATHER 

MODIFICATION ACTIVITIES--Table of Contents

 

Sec. 908.12  Public disclosure of information.



    (a) Any records or other information obtained by the Administrator 

under these rules or otherwise under the authority of Public Law 92-205 

shall be made publicly available to the fullest practicable extent. Such 

records or information may be inspected on written request to the 

Administrator. However, the Administrator will not disclose any 

information referred to in section 1905 of title 18, United States Code, 

and that is otherwise unavailable to the public, except that such 

information shall be disclosed:

    (1) To other Federal government departments, agencies, and officials 

for official use upon request;

    (2) In any judicial proceeding under a court order formulated to 

preserve the confidentiality of such information without impairing the 

proceeding; and

    (3) To the public, if necessary to protect their health and safety.

    (b) Certified copies of such reports and information, to the extent 

publicly disclosable, may be obtained from the Administrator at cost in 

accordance with the Department of Commerce implementation of the Freedom 

of Information Act.

    (c) Persons reporting on weather modification projects or related 

activities shall specifically identify all information that they 

consider not to be subject to public disclosure under the terms of 

Public Law 92-205 and provide reasons in support thereof. A 

determination as to whether or not reported



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information is subject to public dissemination shall be made by the 

Administrator.

    (d) When consideration of a weather modification activity report and 

related information indicates that a proposed project may significantly 

depart from the practices or procedures generally employed in similar 

circumstances to avoid danger to persons, property, or the environment, 

or indicates that success of Federal research projects may be adversely 

affected if the proposed project is carried out as described, the 

Administrator will notify the operator(s) and State officials of such 

possibility and make recommendations where appropriate. The purpose of 

such notification shall be to inform those notified of existing 

practices and procedures or Federal research projects known to NOAA. 

Notification or recommendation, or failure to notify or recommend, shall 

not be construed as approval or disapproval of a proposed project or as 

an indication that, if carried out as proposed or recommended it may, in 

any way, protect or endanger persons, property, or the environment or 

affect the success of any Federal research project. Any advisory 

notification issued by the Administrator shall be available to the 

public and be included in the pertinent activity report file.