NWS / FAA - EO 12866 ... in part I believe

Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38901-38905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 97-18913]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 946

[Docket No. 960418114-7140-05]
RIN 0648-AF72


Weather Service Modernization Criteria

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

ACTION: Final rule.

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SUMMARY: In accordance with the Weather Service Modernization Act, 15
U.S.C. 313n. (the Act), the National Weather Service (NWS) is
publishing an amendment to its criteria for modernization actions
requiring certification. This amendment adds criteria unique to
automating a field office at service level D airports to ensure that
automation actions will not result in any degradation of service.
Automating a field office occurs after automated surface observing
system (ASOS) equipment is installed and commissioned at a field office
and the NWS employees that were performing surface observations at that
office are removed or reassigned.

EFFECTIVE DATES: October 1, 1997.

ADDRESSES: Requests for copies of documents described in this notice as
being available upon request should be sent to Julie Scanlon, NOAA/NWS,
SSMC2, Room 18366, 1325 East-West Highway, Silver Spring, Maryland
20910.

FOR FURTHER INFORMATION CONTACT: Nicholas Scheller, 301-713-0454.

SUPPLEMENTARY INFORMATION: On May 2, 1996, the NWS published, for
comment, proposed modernization criteria unique to automating a field
office (see 61 FR 19594). In significant part, the proposed criteria
embodied the levels of service set forth in the Federal Aviation
Administration's (FAA) Weather Observation Service Standards for level
A, B, C and D airports (see 61 FR 32887). After consideration of the
public comments that were received and, after consultations with the
National Research Council's (NRC) NWS Modernization Committee and the
Modernization Transition Committee (MTC) in June 1996, the NWS
established final modernization criteria for automating a field office
at service levels A, B and C airports (see 61 FR 39862). However, in
light of the concerns expressed in the public comments specifically on
the automation criteria proposed for service level D airports,
establishment of final modernization criteria for automating a field
office at a service level D airport was deferred pending further study
and reconsultation with the MTC. Many of these public comments
expressed concern about either the representativeness of an unaugmented
ASOS observation and/or the adequacy of a stand-alone ASOS. A list of
persons submitting comments, the specific comments, and the NWS's
response were provided in the July 31, 1996 notice that established
final automation criteria for service levels A, B and C airports (see
61 FR 39862).
Between June and September 1996, NWS, in cooperation with the FAA
and the Airline Owners and Pilots Association's Air Safety Foundation
(ASF), reassessed the automation criteria proposed for service level D
airports. A description of this reassessment, the proposal that emerged
as a result thereof and the rationale behind it is described below.
With regard to concerns raised by commentors on the
representativeness of the unaugmented ASOS observation, NWS, FAA and
ASF reviewed the results of the recently completed ASOS Aviation
Demonstration. This demonstration was carried out jointly by the NWS,
the FAA, and the aviation industry, from February 15, 1995 through
August 15, 1995. During this demonstration, NWS observers were asked to
record those cases when ASOS observations did not represent the true
meteorological situation. Based on reports supplied by NWS observers,
ASOS was found to report the correct individual weather parameters up
to 98% of the time under all conditions combined. NWS also reexamined
each of the service level D ASOS sites to determine if there were any
remaining representativeness issues resulting from poor sensor siting
or the need for meteorological discontinuity sensors. The need for
sensor resiting and second ceiling and/or visibility sensors at several
of these sites had already been identified and corrective actions were
already in progress.
With regard to concerns raised by commentors on the adequacy of a
stand-alone ASOS, the NWS, FAA and ASF focused their attention on the 6
parameters of the observations that distinguish service level C from
service level D as described in the Summary Chart of the FAA's Weather
Observation Service Standards. These are: Thunderstorm occurrence,
tornadic activity, hail, virga, volcanic ash, and tower visibility.
Since all service level D airports for which NWS must complete an
automation certification do not have an FAA tower, tower visibility
cannot be provided and, consequently, is not applicable. Of the
remaining 5 parameters, 4 of them (tornadic activity, hail, virga and
volcanic ash) occur very infrequently. Furthermore, the reporting of
the occurrence of these 4 parameters is available to users through
other means such as supplementary observations and complementary data
sources. On December 13, 1995, NWS published a notice setting forth its
Supplementary Data Program (see 60 FR 64020). Although information
about thunderstorm occurrence is available through other sources, NWS,
FAA and ASF concluded that providing thunderstorm occurrence as part of
the

[[Page 38902]]

ASOS observation was critical. Consequently, NWS is in the process of
adding single-site lightning sensors (capable of reporting thunderstorm
occurrence) to the ASOS sensor suite at the service level D sites
subject to automation certification, with the exception of Homer,
Alaska. Upon examination of climatological data for the frequency of
thunderstorm occurrence, the occurrence at Homer, Alaska was so low
(0.015%) that a lightning sensor is not warranted at this site.
Software modifications to ASOS, required to interface with the
lightning sensor, are being implemented.
In addition, as a result of the reassessment, NWS reiterated its
commitment to deploy freezing rain sensors prior to automation
certification at all NWS sponsored ASOS sites that experience this
phenomenon, regardless of the assigned service level. Some sites in the
United States do not experience freezing rain, and consequently, are
not scheduled to receive freezing rain sensors. Among the service level
D sites subject to automatic certification, Ely, Nevada and Lander,
Wyoming will not receive freezing rain sensors.
Besides the additional automation criteria described above
resulting from the reassessment, NWS, FAA and ASF agreed that more
education for pilots on automated observations, as well as pilot
feedback on the utility of such observations was needed. Accordingly,
the ASF has undertaken a significant pilot education and outreach
effort. This effort will be completed prior to any automation
certifications of service level D airports. The goals of this activity
are to: (1) Educated pilots as to the differences between human and
automated observations and how to use automated observations in
conjunction with other weather information to make safe pre-flight and
in-flight decisions; (2) notify a representative sample of the
approximately 70,000 pilots who regularly use these service level D
airports that ASOS is in place and give them an opportunity to comment;
(3) measure understanding and acceptance of automated observing
systems; and (4) identify and correct any systemic or site specific
problems with the automated observations. The ASF assessment of pilot
understanding and acceptance of ASOS observations is being conducted
during a portion of the 1997 severe weather season (May through July),
with 10 of the service level D sites having lightning sensors installed
and operational. The ASF is responsible for preparing and disseminating
the educational materials; collecting and statistically analyzing any
pilot feedback; and sharing the results with both the NWS and FAA for
additional evaluation. The results of this activity will be reported to
the MTC at its September 1997 meeting.
The NRC's NWS Modernization Committee was advised of the additional
automation criteria being contemplated by NWS on September 9, 1996. In
addition, during its consultation with the MTC on September 19, 1996,
the NWS proposed to supplement the service level D automation criteria
as discussed above and briefed the MTC on the ASF pilot education and
outreach effort at service level D airports. In response, the MTC
endorsed the NWS proposal concluding that the additional criteria, when
applied in conjunction with previously proposed automation criteria,
and after completion of the pilot education and outreach effort would
provide an adequate basis for certifying no degradation in the required
level of services. The MTC further recognized the importance of the
integration of the new observational data in order to avoid a
degradation of service and recommended that both the NWS and FAA
develop and implement product improvement programs to correct
deficiencies as they occur and to implement new technology to improve
observations.
To implement the proposal endorsed by the MTC, NWS has modified the
automation criteria for service level D airports as follows. Criterion
D.4.c. has been added to Appendix A to require that a lightning sensor
be operational as a prerequisite for automation certification at
service level D airports, except as noted. Criterion D.4.d. has been
added to Appendix A to require that a freezing rain sensor be
operational as a prerequisite for automation certification, except as
noted. Criterion D.4.b. has also been modified to indicate that
completion of the transition checklist is applicable to service level
A, B and C airports only, since transfer of augmentation/back-up
responsibility from NWS to FAA does not occur at service level D
airports. An additional Criterion 5. has been added for service level D
airports which requires completion of the above pilot education and
outreach effort and that the MTC has had an opportunity to review the
results.
The May 2, 1996 publication of proposed modernization criteria
unique to automating a field office (see 61 FR 19594) included a total
of 27 airports in the service level D category. In April 1997, NWS
completed a reexamination of these 27 service level D airports and
ascertained that 2 of them had FAA Automated Flight Service Stations
(AFSS). Because an AFSS constitutes a qualified Federal presence, FAA
reclassified these two airports (i.e., Elkins, WV and Huron, SD) from
service level D to service level C. In both cases, the AFSS will
provide augmentation and back-up of the ASOS. Consequently, Appendix B
is amended to reflect this reclassification and add the remaining 25
service level D airports for which NWS must complete an automation
certification.

A. Classification Under Executive Order 12866

These regulations have been determined not to be significant for
purposes of E.O. 12866.

B. Regulatory Flexibility Act Analysis

These regulations set forth the criteria for certifying that
certain modernization actions will not result in a degradation of
service to the affected area. The Assistant General Counsel for
Legislation and Regulation of the Department of Commerce certified to
the Chief Counsel for Advocacy of the Small Business Administration
when these criteria were proposed, that if adopted, they would not have
a significant economic impact on a substantial number of small
entities. Comments on the proposed regulations were received and based
on those comments these final regulations have been adjusted
accordingly and have been determined that they do not effect small
economic entities. While the final regulations are changed as discussed
above, these criteria are intended for internal agency use, and the
impact on small business entities will be negligible. The final
criteria do not directly affect ``small government jurisdictions'' as
defined by Public Law 96-354, the Regulatory Flexibility Act.
Accordingly, the basis for the certification has not changed and no
final regulatory flexibility analysis was prepared.

C. Paperwork Reduction Act of 1980

These regulations will impose no information collection
requirements subject to the Paperwork Reduction Act.

D. E.O. 12612

This rule does 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 issuance of this rule does not constitute a
major Federal action significantly affecting the quality of the human
environment.

[[Page 38903]]

Therefore, an environmental impact statement is not required.

List of Subjects in 15 CFR Part 946

Administrative practice and procedure, Certification,
Commissioning, Decommissioning, National Weather Service, Weather
service modernization.
Dated: July 14, 1997.
Robert S. Winokur,
Acting Assistant Administrator for Weather Services.

For the reasons set out in the preamble, 15 CFR part 946 is amended
as follows:

PART 946--[AMENDED]

1. The authority citation for part 946 continues to read as
follows:

Authority: Title VII of Pub. L. 102-567, 106 Stat 4303 (15
U.S.C. 313n.).

Appendix A to Part 946--[Amended]

2. Appendix A to part 946 is amended by revising Subsection (D)
under Section II. Criteria for Modernization Actions Requiring
Certification, to read as follows:

(D) Modernization Criteria Unique to Automation Certifications

1. Compliance with flight aviation rules (applies on airports
only): Consultation with the Federal Aviation Administration (FAA)
has verified that the weather services provided after the
commissioning of the relevant ASOS unit(s) will be in full
compliance with applicable Federal Aviation Regulations promulgated
by the FAA.
2. ASOS Commissioning: The relevant ASOS unit(s) have been
successfully commissioned in accordance with the criteria set forth
in section I.A.1 of Appendix A to the Weather Service Modernization
Regulations, 15 CFR part 946.
3. User Confirmation of Services: Any valid user complaints
related to actual system performance received since commissioning of
the ASOS have been satisfactorily resolved and the issues addressed
in the MIC's recommendation for certification.
4. Aviation Observation Requirement: At sites subject to
automation certification, all surface observations and reports
required for aviation services can be generated by an ASOS augmented
as necessary by non-NWS personnel.
a. The ASOS observation will be augmented/backed-up to the level
specified in Appendix B as described in the Summary Chart of the
FAA's Weather Observation Service Standards.
b. The transition checklist has been signed by the appropriate
Region Systems Operations Division Chief (applies to service level
A, B and C airports only).
c. Thunderstorm occurrence is reported in the ASOS observation
through the use of a lightning sensor (applies to service level D
airports only, excluding Homer, Alaska).
d. Freezing rain occurrence is reported in the ASOS observation
through the use of a freezing rain sensor. Among service level D
airports, this criterion is not applicable to Ely, Nevada and
Lander, Wyoming.
5. Pilot Education and Outreach Completed: The Air Safety
Foundation has conducted a pilot education and outreach effort to
educate pilots on the use of automated observations and measure
their understanding and acceptance of automated observing systems,
and the MTC has had an opportunity to review the results of this
effort (applies to service level D airports only).
6. General Surface Observation Requirement: The total
observations available are adequate to support the required
inventory of services to users in the affected area. All necessary
hydrometeorological data and information are available through ASOS
as augmented in accordance with this section, through those elements
reported as supplementary data by the relevant Weather Forecast
Office(s), or through other complementary sources. The adequacy of
the total surface observation is addressed in the MTC's
recommendation for certification.

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Appendix B to Part B--[Revised]

Appendix B to Part 946 is revised to read as follows:

Appendix B to Part 946--Airport Tables
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``A'' Level Service Airports:
*Akron, OH.................................. CAK
*Albany, NY................................. ALB
*Atlanta, GA................................ ATL
*Baltimore, MD.............................. BWI
*Boston, MA................................. BOS
Charlotte, NC............................... CLT
*Chicago-O'Hare (AV), IL.................... ORD
Cincinnati, OH.............................. CVG
Columbus, OH................................ CMH
*Dayton, OH................................. DAY
*Des Moines, IA............................. DSM
*Detroit, MI................................ DTW
*Fairbanks, AK.............................. FAI
*Fresno, CA................................. FAT
*Greensboro, NC............................. GSO
*Hartford, CT............................... BDL
Indianapolis, IN............................ IND
*Kansas City, MO............................ MCI
*Lansing, MI................................ LAN
Las Vegas, NV............................... LAS
Los Angeles (AV), CA........................ LAX
*Louisville, KY............................. SDF
*Milwaukee, WI.............................. MKE
*Minneapolis, MN............................ MSP
*Newark, NJ................................. EWR
*Oklahoma City, OK.......................... OKC
Phoenix, AZ................................. PHX
*Portland, OR............................... PDX
*Providence, RI............................. PVD
*Raleigh, NC................................ RDU
*Richmoind, VA.............................. RIC
*Rochester, NY.............................. ROC
*Rockford, IL............................... RFD
*San Antonio, TX............................ SAT
San Diego, CA............................... SAN
*San Francisco, CA.......................... SFO
*Spokane, WA................................ GEG
*Syracuse, NY............................... SYR
Tallahassee, FL............................. TUL
Tulsa, OK................................... TUL
``B'' Level Service Airports:
*Baton Rouge, LA............................ BTR
*Billings, MT............................... BIL
*Charleston, WV............................. CRW
*Chattanooga, TN............................ CHA
Colorado Springs, CO........................ COS
Daytona Beach, FL........................... DAB
El Paso, TX................................. ELP
Flint, MI................................... FNT
Fort Wayne, IN.............................. FWA
Honolulu, HI................................ HNL
*Huntsville, AL............................. HSV
*Knoxville, TN.............................. TYS
*Lincoln, NE................................ LNK
Lubbock, TX................................. LBB
*Madison, WI................................ MSN
*Moline, IL................................. MLI
*Montgomery, AL............................. MGM
*Muskegon, MI............................... MKG
*Norfolk, VA................................ ORF
Peoria, IL.................................. PIA
*Savannah, GA............................... SAV
*South Bend, IN............................. SBN
Tucson, AZ.................................. TUS
*West Palm Beach, FL........................ PBI
*Youngstown, OH............................. YNG
``C'' Level Service Airports:
Abilene, TX................................. ABI
Allentown, PA............................... ABE
Asheville, NC............................... AVL
Athens, GA.................................. AHN
Atlantic City, NJ........................... ACY
Augusta, GA................................. AGS
Austin, TX.................................. AUS
Bakersfield, CA............................. BFL
Bridgeport, CT.............................. BDR
Bristol, TN................................. TRI
Casper, WY.................................. CPR
Columbia, MO................................ COU
Columbus, GA................................ CSG
Dubuque, IA................................. DBQ
Elkins, WV.................................. EKN
Erie, PA.................................... ERI
Eugene, OR.................................. EUG
Evansville, IN.............................. EVV
Fargo, ND................................... FAR
Fort Smith, AR.............................. FSM
Grand Island, NE............................ GRI
Helena, MT.................................. HLN
Huntington, WV.............................. HTS
Huron, SD................................... HON
Kahului, HI................................. OGG
Key West, FL................................ EYW
Lewiston, ID................................ LWS
Lexington, KY............................... LEX
Lynchburg, VA............................... LYH
Macon, GA................................... MCN
Mansfield, OH............................... MFD
Meridian, MS................................ MEI
Olympia, WA................................. OLM
Port Arthur, TX............................. BPT
Portland, ME................................ PWM
Rapid City, SD.............................. RAP
Redding, CA................................. RDD
Reno, NV.................................... RNO
Roanoke, VA................................. ROA
Rochester, MN............................... RST
Salem, OR................................... SLE
Santa Maria, CA............................. SMX
Sioux City, IA.............................. SUX
Springfield, IL............................. SPI
Stockton, CA................................ SCK
Toledo, OH.................................. TOL
Waco, TX.................................... ACT
Waterloo, IA................................ ALO
Wilkes-Barre, PA............................ AVP
Williamsport, PA............................ IPT
Wilmington, DE.............................. ILG
Worcester, MA............................... ORH
Yakima, WA.................................. YKM
``D'' Level Service Airports:
Alamosa, CO................................. ALS
Alpena, MI.................................. APN
Astoria, OR................................. AST
Beckley, WV................................. BKW
Caribou, ME................................. CAR
Concordia, KS............................... CNK
Concord, NH................................. CON
Ely, NV..................................... ELY
Havre, MT................................... HVR
Homer, AK................................... HOM
Houghton Lake, MI........................... HTL
International Falls, MN..................... INL
Kalispell, MT............................... FCA
Lander, WY.................................. LND
Norfolk, NE................................. OFK
Sault Ste. Marie, MI........................ SSM
Scottsbluff, NE............................. BFF
Sheridan, WY................................ SHR
St. Cloud, MN............................... STC
Tupelo, MS.................................. TUP
Valentine, NE............................... VTN
Victoria, TX................................ VCT
Wichita, Falls, TX.......................... SPS
Williston, ND............................... ISN
Winnemucca, NV.............................. WMC
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* Long-line RVR designated site.

[FR Doc. 97-18913 Filed 7-18-97; 8:45 am]
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