[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: 15CFR946.7]



[Page 278-279]

 

                  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 279]]



    (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.