Regulations last checked for updates: Nov 22, 2024

Title 15 - Commerce and Foreign Trade last revised: Oct 25, 2024
§ 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;

(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 § 946.5(a);

(2) The Decommissioning Report containing the elements described in § 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 § 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 § 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.

authority: Title VII of Pub. L. 102-567, 106 Stat. 4303 15 U.S.C. 313 note
source: 58 FR 64091, Dec. 3, 1993, unless otherwise noted.
cite as: 15 CFR 946.7