rector, who shall in turn transmit it to the National Science Board, which shall then consider it and take such final action thereon as it shall deem to be appropriate. § 630.7

Notice to the individual concerned and opportunity to submit comment on preliminary decision and initial decision.

Copies of the preliminary decision, if any, and of the initial decision shall be mailed promptly by the Hearing Officer or the Fellowship Review Board, as the case may be, to the individual, or his counsel, with a notice affording him an opportunity to submit written comments thereon, within a specified reasonable time, to the Fellowship Review Board in the case of a preliminary decision, and to the Director in the case of an initial decision.

The purpose of this part is to develop information for use in carrying out study, research and evaluation in the field of weather modification as authorized by the National Science Foundation Act of 1950, as amended, and fostering the interchange of scientific information with respect to weather modification. The information requested under this regulation is not available elsewhere and therefore can only be obtained from individuals and organizations engaged in weather modification activities.

[30 F.R. 16202, Dec. 29, 1965, as amended at 33 F.R. 12654, Sept. 6, 1968]

§ 635.2 Application of part.

This part applies to any person, and to any organization, whether commer

cial or nonprofit, engaged in or intending to engage in, any weather modification activity (including research) intended to modify the atmosphere through artificial means. Such activities include, but are not limited to, any of the following:

(a) Intentional seeding of clouds and fog to alter drop size distribution, produce ice crystals, produce coagulation of droplets, or in any way to influence the natural development cycle of the cloud or its environment by dispersing into it any material or gas such as silver iodide, lead iodide, carbon black, dry ice, ammonia, etc.

(b) Intentional initiation of large heat sources or fires to influence convective circulation or evaporate fog.

(c) Intentional modification of solar radiation exchange of the earth or clouds through the release of gases, dusts, liquids, or aerosols into the atmosphere.

(d) Intentional modification of the energy transfer characteristics of the earth's land or water surface by dusting with powders, liquid sprays, or dyes.

(e) Intentional release of electrically charged particles, radioactive particles or ions into the atmosphere to alter its electrical field pattern or produce localized electrical field anomalies.

(f) Intentional application of shock waves, sonic energy sources, or other explosive or acoustic sources to the atmosphere to influence cloud growth, dissipation, or precipitation patterns.

§ 635.3 Reporting request.

(a) Prior notice. Each individual or organization intending to engage in any weather modification activity on or after September 1, 1968, is requested when possible to give at least 30 days advance notice to the Foundation of intention to engage in such activity. Please submit such notice on a Foundation report form, copies of which will be made available upon request from the National Science Foundation, Washington, D.C. 20550. When intention to engage in a weather modification activity develops less than 30 days prior to the planned activity, the report should be forwarded to the Foundation by airmail at the earliest possible time.

(b) Activity reports. After the weather modification activity reported pursuant to § 635.3 (a) of this section has commenced, each person or organization engaged in such activity is requested to submit to the Foundation an activity re

port on field operations on a quarterly basis. Please submit this report on the form referred to in § 635.3 (a) of this section.

[30 F.R. 16202, Dec. 29, 1965, as amended at 33 F.R. 12654, Sept. 6, 1968]

§ 635.4 Maintenance of logs.

Each individual or organization engaging in a weather modification activity is requested to maintain a daily log of such activity. The log should contain all relevant facts, including the following:

(a) Daily Log of Ground Weather Modification Activities (including Seeding Releases):

(1) When readily available to project personnel during observational period, description of meteorological situation in target area and control area such as types of clouds, percent cloud cover, temperature, humidity, appearance of lightning, hail, funnel clouds, severe rain, snow and unusual radar patterns should be recorded.

of

(2) Quantitative measurements precipitation obtained from nonfederally operated sources such as rain gauges, snow pillows, radar, optical transmissometers and streamflow gauges, in target and control areas.

(3) Any pertinent remarks on unusual results or significant events in the progress of the project should be entered in the log if they would contribute significantly to the technical evaluation of the project.

(4) In the case of the operation of a ground silver iodide generator or other dispenser of particles, aerosols or gases, the daily log should include:

(i) Location of each weather modification device or generator in use.

(ii) Name of individual responsible for turning each weather modification device or generator on or off.

(iii) Time each weather modification device or generator was turned on and turned off.

(iv) Basis or criteria for turning on or off each weather modification device or generator.

(v) Type of material dispersed by each weather modification device or generator.

(vi) Rate of material release of each weather modification device or generator during operation.

(vii) Total material released by each weather modification device or generator during each operational period.

(b) Daily Log of Airborne or Mobile Weather Modification Activities (including Seeding Releases):

(1) Complete log of each aircraft flight or mobile generator run including, but not necessarily limited to, ground track, altitude, air speed, times over check points, release points of seeding or other charges, temperature, average wind direction and speed at release altitude, and, for aircraft, specify type of aircraft, airport or airports used and names of crew members.

(2) All other pertinent information as listed above for ground weather modification activities.

[30 F.R. 16202, Dec. 29, 1965, as amended at 33 F.R. 12654, Sept. 6, 1968]

§ 635.5 Retention of records.

In the interest of assisting scientific research, it is requested that the operating logs and records mentioned in § 635.4 be retained for a period of not less than 5 years and be made available for inspection or reproduction by the National Science Foundation when requested. [33 F.R. 12654, Sept. 6, 1968] § 635.6

Disclosure of information.

Information developed as a result of the reporting procedures set forth herein shall be made publicly available on a periodic basis by the Foundation. This information will not include trade secrets or other data required to be kept confidential under section 1905 of Title 18 of the United States Code. Individuals and organizations reporting weather modification activities may request that information which they consider to be included within the scope of 18 U.S.C. 1905 be withheld from public disclosure and the Foundation will grant such requests to the extent permitted by law.

[30 F.R. 16202, Dec. 29, 1965, as amended at 33 F.R. 12654, Sept. 6, 1968]

Part 701

702

703

704

99-197-69- -41

(a) The Commission's responsibilities under section 104(a) of the Act may be summarized briefly as follows:

(1) Investigating sworn allegations that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of color, race, religion, or national origin;

(2) Studying and collecting information concerning legal developments constituting a denial of equal protection of the laws under the Constitution;

(3) Appraising the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution;

(4) Serving as a national clearinghouse for information in respect to denials of equal protection of the laws because of race, color, religion, or national origin;

(5) Investigating sworn allegations that citizens are being accorded or denied the right to vote in Federal elections as a result of patterns or practices of fraud or discrimination.

(b) Under section 104(b) of the Act the Commission is charged with: The

submission of interim reports to the President and to the Congress at such times as the Commission, the Congress, or the President shall deem desirable, and the submission to the President and to the Congress of the final report of its activities, findings, and recommendations not later than January 31, 1973.

(c) In fulfilling these responsibilities the Commission is authorized by the Act to hold hearings; to constitute State Advisory Committees; to consult with Governors, Attorneys General, other representatives of State and local governments, and private organizations; and to issue subpenas for the production of documents and the attendance of witnesses. The Act also provides that all Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties.

[32 F.R. 4062, Mar. 15, 1967, as amended at 33 F.R. 14406, Sept. 25, 1968]

Subpart B-Organization Statement § 701.11 Membership of the Commis

sion.

Pursuant to section 101 of the Act:

(a) The Commission is composed of six members, appointed by the President by and with the advice and consent of the Senate, not more than three of whom are of the same political party.

(b) The Chairman and Vice-Chairman of the Commission are designated by the President, the Vice-Chairman acting as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

(c) No vacancy in the Commission affects its powers and any vacancy is filled in the same manner and subject to the same limitation with respect to party affiliations as the original appointment was made.

(d) Four members of the Commission constitute a quorum.

§ 701.12 Staff organization.

(a) Pursuant to section 105 (a) of the Act, the staff of the Commission consists of a Staff Director, appointed by the President by and with the advice and consent of the Senate, and of such other personnel as the Commission may appoint within the limitations of its appropriation.

(b) The staff organization of the Commission is as follows:

(1) Office of the Staff Director. Under the general direction of the Commission

the Office of the Staff Director plans the agency work program; directs, supervises, and coordinates the work of divisions and offices; reports plans, work programs, and activities of the agency to the Commission; represents the agency in relationships with Executive Office of the President, the Congress, other Federal agencies, the press, national civil rights organizations, other private and public State and local groups and the general public; and manages the administrative affairs of the agency.

(2) Office of General Counsel. The Office of General Counsel plans and conducts hearings to investigate and obtain information about civil rights denials; conducts studies and prepares reports in areas within the jurisdiction of the Commission, particularly in the areas of the administration of justice and voting; receives complaints alleging denials of civil rights, refers these to Federal agencies having jurisdiction and follows up on action taken; drafts or reviews proposals for legislative and executive action in civil rights and prepares testimony on civil rights legislation; reviews all agency publications for legal sufficiency; provides in-house legal counsel to the agency; and drafts and negotiates all agency contracts.

(3) Office of Federal Programs. The Office of Federal Programs conducts appraisals of Federal laws, policies, administration and programs; maintains liaison with Federal agencies on civil rights policies, administration, and programs; provides clearinghouse services and prepares clearinghouse publications in areas related Federal programs; provides technical assistance on civil rights matters related to Federal programs to other Commission units and to public and private groups and individuals.

to

(4) Office of Race and Education. The Office of Race and Education plans and conducts studies of the extent and causes of and remedies for problems of equal educational opportunity, primarily those in urban areas; and provides clearinghouse information and services to other Commission units and to public and private groups and individuals on matters relating to equal educational opportunity.

(5) Information Office. The Information Office prepares and disseminates information about the Commission and its studies and publications through various techniques of communication; prepares