[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: 15CFR911.4]

[Page 76-77]
 
                  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. 911.4  Use of the NOAA Data Collection Systems.

    (a) Use of the NOAA DCS will only be authorized in accordance with 
the conditions and requirements set forth in paragraphs (b), (c), (d), 
(e), and (f) of this section.
    (b)(1) Use of the NOAA DCS will only be authorized where it is 
determined that there are no commercial space-based services available 
that meet the user's requirements.
    (2) A determination under paragraph (b)(1) of this section must be 
based on such factors as satellite coverage, accuracy, data throughput, 
platform power consumption, size and weight, service continuity and 
reliability, platform compatibility, system access mode, and, in the 
case of government agencies, cost-effectiveness.
    (c)(1) Except as provided in paragraphs (c)(2), (3), (4), and (5) of 
this section, NOAA DCS shall only be used for the collection of 
environmental data by governmental and/or non-profit users.
    (2) Non-governmental, environmental use of the NOAA DCS is only 
authorized where there is a Government interest in the collection and/or 
receipt of the data.
    (3) Except as provided in paragraph (c)(4) of this section, non-
environmental use of the NOAA DCS is only authorized for government use 
and

[[Page 77]]

non-profit users where there is a government interest. The NOAA DCS will 
continue to be predominantly used for environmental applications. Non-
environmental use of the system shall be limited to sensitive use, and 
to episodic use as defined below in paragraph (c)(4) of this section.
    (4) Episodic use of the NOAA DCS may also be authorized in specific 
instances where there is a significant possibility for loss of life. 
Such use shall be closely monitored.
    (5) Testing use of the NOAA DCS will only be authorized for 
manufacturers of NOAA DCS platforms, that require access to the system 
in order to test and certify prototype and production models.
    (d) Because of capacity limitations on the GOES DCS, system 
applicants will be admitted to use the GOES system in accordance with 
the following priority:
    (1) NOAA programs or users whose data are required for 
implementation of NOAA programs, as determined by the Assistant 
Administrator, will be accorded first priority.
    (2) Users whose data are desired to support NOAA programs will be 
accorded second priority.
    (3) Users whose data and/or use of the GOES DCS will further a 
program of an agency or department of the U.S. Government, other than 
NOAA, will be accorded third priority.
    (4) Users whose data are required by a state or local Government of 
the United States will be accorded fourth priority.
    (5) Testing users of the system will be accorded fifth priority.
    (6) No other usage will be authorized for the GOES DCS.
    (e) In the event that Argos DCS capacity limitations require that 
priority determinations be made, priority will be given to those 
platforms that provide environmental data of broad international 
interest, especially of an operational nature, and to those requiring 
the unique capabilities of the Argos DCS, such as platform location or 
polar coverage.

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