[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: 15CFR996.12]



[Page 414-415]

 

                  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. 996.12  Development of standards compliance tests for a 

hydrographic product or class.



    (a) NOAA shall work, to the extent practicable, through existing, 

recognized, compliance testing bodies in the writing and adopting of 

compliance tests for a hydrographic product or class. It shall be the 

responsibility of the sponsor to propose an appropriate compliance 

testing body. NOAA may accept this body at its discretion, or may select 

an alternate body. NOAA will then undertake, jointly with the sponsor 

and acknowledged representatives of the affected communities, to secure 

the cooperation of the selected compliance testing body.

    (b) NOAA shall undertake, jointly with representatives of the 

affected community, members of the compliance testing body, other 

governmental representatives, and the sponsor as appropriate, to write 

compliance tests for the hydrographic product or class according to the 

practices of the compliance testing body and the Quality Assurance 

Program standard adopted by NOAA. Participation in the writing of 

compliance tests may be determined according to the procedures of the 

compliance testing body.

    (c) NOAA shall then undertake, jointly with representatives of the 

affected community, members of the compliance testing body and the body 

itself, other governmental representatives, and the sponsor as 

appropriate, to have the resulting compliance tests adopted according to 

the procedures of that body.

    (d) NOAA may, at its option, proceed without the participation of an 

existing, recognized, compliance testing body should it so choose. Such 

action might be taken, for example, if there were no appropriate 

compliance testing body. In this eventuality, NOAA will adhere to the 

following general procedure:

    (1) Announce, in the Federal Register or by other appropriate means, 

NOAA's intention to organize and chair a working group to write and 

publish compliance tests for the hydrographic product or class;

    (2) Solicit, via the Federal Register or by other appropriate means, 

participation and select, reject, and/or revoke permission to 

participate as NOAA deems appropriate so as to proceed in an orderly and 

representative manner in writing compliance tests;

    (3) Initiate, schedule, host, and chair, or designate a chair for, 

the work of the working group;

    (4) Circulate, via the Federal Register, or by other appropriate 

means, the drafts of the working group;

    (5) Announce, via the Federal Register or by other appropriate 

means, a NOAA proposed final version of the compliance tests and provide 

an opportunity for public comment;

    (6) Announce, via the Federal Register or by other appropriate 

means, and make available the final version of the compliance tests, and

    (7) Provide the necessary administrative support.

    (e) NOAA may, at its option, adopt existing compliance tests as the 

NOAA compliance tests for this program. In this eventuality, NOAA shall 

adhere to the following general procedure:

    (1) Announce, in the Federal Register or by other appropriate means, 

NOAA's intention to adopt existing compliance tests for the proposed 

hydrographic product or class; and

    (2) Solicit, via the Federal Register or by other appropriate means 

including public meetings, comment on the proposed compliance tests that 

NOAA proposes to adopt, and shall consider the comments received.

    (f) Alternatively, NOAA may, at its option, proceed by writing 

compliance tests by itself. Such action might be used, for example, in 

cases where the tests are obvious. Producing exact copies of existing 

NOAA products might be one such case. Once written, these NOAA-authored 

tests shall be made publicly available for comment, and comments shall 

be considered before NOAA publishes the final compliance tests.

    (g) At the conclusion of the compliance test writing, whether 

through an existing body, by a NOAA-convened working group, by adopting 

existing compliance tests, or by NOAA itself, NOAA shall consider the 

resulting compliance tests and comments, and either adopt or reject them 

as the NOAA Quality Assurance Program



[[Page 415]]



compliance tests for the particular hydrographic product standard. 

NOAA's decision shall be publicly announced in the Federal Register or 

by other appropriate means.

    (h) Any party may request NOAA to reconsider its decision to adopt 

or reject the compliance tests by submitting its request in writing to 

the Quality Assurance Program address within 30 days of NOAA's 

announcement of its decision. NOAA shall have, if its other obligations 

permit, 60 calendar days after the receipt of a request for 

reconsideration to either deny the request, or to reconsider and 

announce its decision. NOAA's original decision if unappealed within 30 

days, or its decision upon reconsideration shall be considered final.