15 U.S.C. § 706

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(a)Prohibition.—The Secretary shall not close, before January 1, 1996, any field office pursuant to implementation of the Strategic Plan.“(b)Certification.—The Secretary shall not close, consolidate, automate, or relocate any field office, unless the Secretary has certified that such action will not result in any degradation of service. Such 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 services provided within the service area and the services to be provided after such action;“(3) a description of any recent or expected modernization of National Weather Service operations which will enhance services in the service area;“(4) an identification of any area within any State which would not receive coverage (at an elevation of 10,000 feet) by the next generation weather radar network;“(5) evidence, based upon operational demonstration of modernized National Weather Service operations, which was considered in reaching the conclusion that no degradation in service will result from such action; and“(6) any report of the Committee submitted under section 707(c) that evaluates the proposed certification.“(c)Public Review.—Each certification decision shall be preceded by—“(1) publication in the Federal Register of a proposed certification; and“(2) a 60-day period after such publication during which the public may provide comments to the Secretary on the proposed certification.“(d)Final Decision.—If after consideration of the public comment received under subsection (c) the Secretary, in consultation with the Committee, decides to close, consolidate, automate, or relocate any such field office, the Secretary shall publish a final certification in the Federal Register and submit the certification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.“(e)Special Circumstances.—The Secretary may not close or relocate any field office—“(1) which is located at an airport, unless the Secretary, in consultation with the Secretary of Transportation and the Committee, first conducts an air safety appraisal, determines that such action will not result in degradation of service that affects aircraft safety, and includes such determination in the certification required under subsection (b); or“(2) which is the only office in a State, unless the Secretary first evaluates the effect on weather services provided to in-State users, such as State agencies, civil defense officials, and local public safety offices, and includes in the certification required under subsection (b) the Secretary’s determination that a comparable level of weather services provided to such in-State users will remain.“(f)Liaison Officer.—The Secretary may not close, consolidate, automate, or relocate a field office until arrangements have been made to maintain for a period of at least 2 years at least one person in the service area to act as a liaison officer who—“(1) provides timely information regarding the activities of the National Weather Service which may affect service to the community, including modernization and restructuring; and“(2) works with area weather service users, including persons associated with general aviation, civil defense, emergency preparedness, and the news media, with respect to the provision of timely weather warnings and forecasts.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1933–2022 · leading case: Stanley v. Peabody Coal Co., 5 F. Supp. 612 (S.D. Ill. 1933).

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Stanley v. Peabody Coal Co., 5 F. Supp. 612 (S.D. Ill. 1933). “es; section 3 (15 USCA § 703) provides for codes of fair competition; section 4 (15 USCA § 704) provides for agreements and licenses; section 5 (15 USCA § 705) suspends the provisions of the Anti-Trust Laws of the United States while the Recovery Act is in force and effect and…”

Harper v. S. Coal & Coke Co., 73 F.2d 792 (5th Cir. 1934). “interstate or foreign commerce (section 4 (a, b) of the act, 15 USCA § 704 (a, b); for approved codes, agreements, or licenses, while in effect, being exempt from the provisions of the anti-trust laws of the United States (section 5 of the act, 15 USCA § 705); and for the filing…”

Alabama Power Co. v. Fed. Commc'ns Comm'n, 311 F.3d 1357 (11th Cir. 2002). · cites it 2× “13 The Order also becomes the focus of any challenge under the Administrative Procedure Act, 15 U.S.C. § 706 . 14 In short, the as-applied context of this litigation, combined with the recent decisions of the FCC and Supreme Court, eliminate' any threshold concerns that would…”

Acme, Inc. v. Besson, 10 F. Supp. 1 (D.N.J. 1935). “Again, in paragraph (c) of section 6 (15 USCA § 706 (c), we find that: “Upon the request of the.”

United States Small Bus. Admin. v. Alaska Urological Inst., P.C. (D. Alaska 2020). · cites it 2× “” Because the Court concludes that the Bankruptcy Exclusion is unlawful under 15 U.S.C. § 706 (2)(A), it need not decide the additional question of whether the SBA exceeded its authority under 15 U.”

Friends of Alaska Nat'l Wildlife Refuges v. Bernhardt (D. Alaska 2020). “21 1015 U.S.C. § 706 (2). 22 102Pollinator Stewardship Council v.”

Aark Restaurant Grp. LLC v. United States Small Bus. Admin. (E.D. Pa. 2022). “” 15 U.S.C. § 706 (2). Plaintiffs urge that the Agency “has not and cannot provided any written guidelines or procedures that require it, or even provide it with discretion, to deny loan applications for unrelated companies on these bases.”

— 15 U.S.C. § 706(a) — 1 case

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