[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: 15CFR996.10]



[Page 411-412]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 996_QUALITY ASSURANCE AND CERTIFICATION REQUIREMENTS FOR NOAA 

HYDROGRAPHIC PRODUCTS AND SERVICES--Table of Contents

 

    Subpart B_The Quality Assurance Program for Hydrographic Products

 

Sec. 996.10  Submission and selection of hydrographic products for 

the development of standards and compliance tests.





    (a) Any non-Federal entity may submit a hydrographic product to be 

considered for the development of standards and compliance tests under 

this Quality Assurance Program.

    (b) Submission shall be made to the Quality Assurance Program 

address below, or to such other address as may be indicated in the 

future: Director (N/CS), ATTN: Hydrographic Product Quality Assurance 

Program, Office of Coast Survey, NOAA, 1315 East West Highway, Silver 

Spring, MD 20910.

    (c) The submission shall include

    (1) Name and description of the proposed hydrographic product.

    (2) The non-Federal entity submitting the product for the 

development of standards and compliance tests, and contact information 

for that entity. This non-Federal entity shall be known as the sponsor.

    (3) The names and contact information of proposed representatives of 

the affected communities who have committed to participate substantively 

in the writing of standards and compliance tests. Affected communities 

might include: manufacturers, users, regulators, resellers, developers 

of products that use certified hydrographic products such as datasets, 

and manufacturers of competing or substitute products.

    (4) The names and contact information of the standards setting body, 

and the compliance testing body under whose authority it is proposed 

that the standards and compliance tests be written and adopted.

    (5) Information deemed relevant by the sponsor for NOAA to consider 

in deciding whether to proceed with the development of standards, 

compliance tests, and certification. Such information should address at 

a minimum:

    (i) The type and magnitude of the public benefits and enhancement of 

public safety that would be achieved;

    (ii) The breadth of support for standards and certification among 

all the affected communities;

    (iii) The practicality of writing and enforcing an effective and 

appropriate standard;

    (iv) The availability of suitable, similar products that may already 

meet the needs of the public; and

    (v) The required expertise needed to write an appropriate standard.

    (d) NOAA may, at its option, define a hydrographic product class of 

which



[[Page 412]]



the proposed hydrographic product is a specific instance. Standards and 

compliance tests may then be prepared for the class rather than for an 

individual non-Federal entity's specific product.

    (e) NOAA shall publicize, in the Federal Register or by other 

appropriate means, the hydrographic product or class in order to solicit 

comments on the proposal that standards and compliance tests be written 

and certification be offered for that hydrographic product or class. 

Comments might include, but are not limited to, general information; 

statements of interest in participating in the development of standards 

and compliance tests; or objections to acceptance of the hydrographic 

product or class into this Quality Assurance Program. Instructions for 

commenting and the duration of the comment period will be included in 

the announcement.

    (f) NOAA shall decide, if its other obligations permit, within 60 

calendar days of the close of the comment period whether to proceed with 

the development of standards, compliance tests, and certification for 

the proposed hydrographic product or class. NOAA may request further 

information, and shall have additional time as required to consider the 

information once received. NOAA's decision on whether to proceed shall 

be based on the following criteria:

    (1) The magnitude of the public benefit and enhancement of public 

safety that would be achieved compared to the commitment of federal 

resources that would be required;

    (2) The breadth of support for standards and certification among all 

the affected communities;

    (3) The practicality of writing and enforcing an effective and 

appropriate standard;

    (4) The availability of suitable, similar products that may already 

meet the needs of the public;

    (5) NOAA's expertise related to the expertise needed to write an 

appropriate standard;

    (6) Availability of resources; and

    (7) Other relevant criteria as they become apparent.

    (g) NOAA's decision as to whether the proposed hydrographic product 

or class is accepted into the Quality Assurance Program shall be 

publicly announced in the Federal Register or by other appropriate 

means, and a written notification shall be provided to the sponsor. The 

response shall include NOAA's reason for its decision based on the 

criteria enumerated above.

    (h) Any party, including the sponsor, shall have an opportunity to 

request reconsideration of NOAA's decision. Said request shall be 

submitted in writing, to the Quality Assurance Program address, 

postmarked within 30 days of NOAA's announcement of its decision, and 

shall contain written material supporting the requestor's position. NOAA 

shall have, if its other obligations permit, 60 calendar days from the 

receipt of a request for reconsideration to either deny the request, or 

to reconsider and announce its decision.

    (i) NOAA's decision, either the original decision if unappealed 

within 30 days, or the decision after the request for reconsideration, 

shall be considered final.

    (j) NOAA itself may choose to identify a hydrographic product or 

class, which may or may not yet exist, but for which it intends to adopt 

standards, compliance tests, and to offer certification. In such cases, 

NOAA will be considered the sponsor. The procedures to be followed for 

NOAA-sponsored hydrographic products or classes shall be the same as for 

those sponsored by non-Federal entities, including the procedures for 

announcement, comment, and reconsideration.