[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: 15CFR995.15]



[Page 402-403]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 995_CERTIFICATION REQUIREMENTS FOR DISTRIBUTORS OF NOAA HYDROGRAPHIC 

PRODUCTS--Table of Contents

 

                 Subpart B_Certification and Procedures

 

Sec. 995.15  Termination of certification.



    (a) In the event that NOAA determines that a CED or CEVAD is not 

meeting the requirements described in this part, the Office of Coast 

Survey, NOAA (OCS) will provide initial written notification of 

potential termination to the CED or CEVAD. OCS/NOAA will state in its 

notification to CED or CEVAD that termination of certification is under 

consideration.

    (b) The initial notification of potential termination will be 

provided in writing by OCS to the CED or CEVAD, and shall state the 

reason for the potential termination. Reasons for termination may 

include, but are not limited to:

    (1) CED or CEVAD contracts or in any way seeks to transfer the 

production or redistribution of all or part of the NOAA official data in 

the product to another entity.

    (2) CED or CEVAD fails to, or is unable (in the opinion of NOAA) to 

carry out its responsibilities as described in this part.

    (c) CED or CEVAD may submit written comments to OCS within 30 days 

of receipt of the OCS's initial written notification of potential 

termination, explaining why CED or CEVAD's certification should not be 

terminated.

    (1) The written comments shall be submitted to: Director, Office of 

Coast Survey, National Ocean Service, NOAA (N/CS), 1315 East West 

Highway, Silver Spring, MD 20910.

    (2) The written comments shall contain at least:

    (i) Identification and contact information of the CED or CEVAD;

    (ii) A statement that CED or CEVAD is responding to an initial 

written notification of potential termination by OCS; and

    (iii) A thorough but concise argument as to why CED or CEVAD 

believes that its certification should not be terminated.

    (d) The Director of OCS will take all timely written comments into 

account before taking final action, and in no case will the Director 

take final action until at least 45 days after CED or



[[Page 403]]



CEVAD's receipt of the initial written notification. A decision to 

terminate by the Director of OCS will state the reasons for termination 

and respond to all timely written comments submitted. Any final action 

taken by OCS constitutes final agency action on the matter.

    (e) CED or CEVAD shall notify all recipients of its products that 

its certification has been revoked, and that the product may no longer 

be valid for use. In addition, the CED or CEVAD shall provide the dates 

of non-compliance.