[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR911.4]



[Page 75]

 

                  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 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]



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