[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR911.3]

[Page 75-76]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 911_POLICIES AND PROCEDURES CONCERNING USE OF THE NOAA SPACE-BASED DATA 
COLLECTION SYSTEMS--Table of Contents
 
Sec. 911.3   Definitions.

    For purposes of this part:
    (a) Approving authority means NOAA for the GOES DCS; and it means 
the Argos Participating Agencies, via the Argos Operations Committee, 
for the Argos DCS.
    (b) Argos DCS means the system which collects data from fixed and 
moving platforms and provides platform location data. This system 
consists of platforms, the Argos French instrument on the Polar-orbiting 
Operational Environmental Satellites (POES) and other international 
satellites; a ground processing system; and telemetry ground stations.
    (c) Argos participating agencies means those agencies of the United 
States and other countries that participate in the management of the 
Argos DCS.
    (d) Assistant Administrator means the Assistant Administrator for 
Satellite and Information Services, NOAA, or his/her designee.
    (e) Director means the Director of the Office of Satellite Data 
Processing and Distribution for the National Environmental Satellite, 
Data, and Information Service of NOAA.
    (f) Environmental data means environmental measurement data for the 
purpose of using the GOES DCS; and it means environmental measurement 
and environmental protection data for the purpose of using the Argos 
DCS.
    (g) Environmental measurement data means data that relate to the 
characteristics of the Earth and its natural phenomena by helping to 
better understand, evaluate, or monitor its natural resources.
    (h) Environmental protection data means data that relate to the 
characteristics of the Earth and its environment (including its 
ecosystems and the species which inhabit them) by helping to protect 
against any unreasonable adverse effects thereto.
    (i) Episodic use means the use of the system for short events where 
there is a significant possibility of loss of life, such as for Arctic 
expeditions or scientific campaigns into remote areas.
    (j) Government interest means that the use is determined in advance 
to be of interest to one or more governmental entities of the United 
States, France or, once they have become an Argos

[[Page 76]]

Participating Agency, Japan or a European Organization for the 
Exploitation of Meteorological Satellites (EUMETSAT) member state; or 
also, in the case of the GOES DCS, a state or local government.
    (k) Government user means agencies of international governmental 
organizations, national government or any subdivision thereof, or any of 
those agencies' contractors or grantees, so long as the contractor is 
using the data collected by the NOAA DCS to fulfill its contractual 
obligations to the government agency or in the case of a grantee that 
these data are being used in accordance with the statement of work for 
the award.
    (l) NOAA DCS means the GOES and Argos space-based DCS.
    (m) Non-profit user means a not-for-profit academic, research, or 
other non-governmental organization, which is using these data, for 
education and/or scientific, non-commercial purposes.
    (n) Operational use means the use of data in a situation where the 
utility of the data are significantly reduced if not collected or 
delivered in a specific time window. This includes situations where 
extensive preparation work is in place and a delay in acquisition of 
data would jeopardize the project.
    (o) Platform compatibility means the compatibility of the platform 
with the space segment of the system, and includes elements such as 
message length and composition, signal strength, and transmission 
protocol (e.g., continuous versus event drive).
    (p) Sensitive use means the use of the NOAA DCS where the users' 
requirements dictate the use of a governmental system such as National 
security, homeland security, law enforcement and humanitarian 
operations.
    (q) Testing use means the use of the NOAA DCS by manufacturers of 
platforms for use in conjunction with the NOAA DCS, for the limited 
purpose of testing and certifying the compatibility of new platforms 
with the technical requirements of the NOAA DCS.
    (r) User means the entity and/or organization that owns or operates 
user platforms for the purpose of collecting and transmitting data 
through the NOAA DCS, or the organization requiring the collection of 
the data.
    (s) User platform means device designed in accordance with the 
specifications delineated and approved by the Approving Authority used 
for the in-situ collection and subsequent transmission of data via the 
NOAA DCS. Those devices which are used in conjunction with the GOES DCS 
are referred to as data collection platforms (DCP) and those which are 
used in conjunction with the Argos DCS are referred to as Platform 
Transmitter Terminals (PTT). For purposes of these regulations, the 
terms ``user platform,'' ``DCP'', and ``PTT'' are interchangeable.
    (t) User requirement means the requirement expressed and explained 
in the System Use Agreement.

[63 FR 24922, May 6, 1998, as amended at 68 FR 45161, Aug. 1, 2003]