[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: 15CFR996.22]



[Page 416]

 

                  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 C_Certification of a Hydrographic Product and Decertification.

 

Sec. 996.22  Certification.



    (a) A hydrographic product that has passed the compliance tests 

shall automatically be considered for certification by NOAA. NOAA shall 

make its certification determination, if its other obligations permit, 

within 60 calendar days following receipt of the compliance test 

results. NOAA shall make a certification determination based upon the 

following criteria:

    (1) The results of the compliance tests;

    (2) The potential for the hydrographic product to impair public 

safety;

    (3) Successful completion of any administrative requirements, 

including the payment of required fees, as may be specified by NOAA;

    (4) The potential for certification to cause embarrassment to the 

Agency or the Department;

    (5) Other relevant criteria as they become apparent.

    (b) Hydrographic products receiving a certification determination in 

the affirmative shall be designated as ``certified'' by NOAA. NOAA shall 

provide a written document to the sponsor indicating such, and shall 

announce its determination in the Federal Register or by other 

appropriate means. Certification shall mean that the hydrographic 

product has been found to be in compliance with the NOAA-adopted 

standard for that hydrographic product or class. Certification conveys 

no express or implied warranty as to the merchantability or fitness for 

a particular purpose; conveys no express or implied liability on the 

part of the Government of the United States for the hydrographic 

products; and conveys no automatic, direct or indirect NOAA endorsement 

of any product or service.

    (c) Certification shall be for a term of 3 years unless otherwise 

specified by the Administrator.

    (d) A certification may be renewed, at the request of sponsor and 

the option of NOAA, for a period of 2 years. Sponsors may request the 

renewal of a certification by writing to the Quality Assurance Program 

address at least 120 calendar days before the expiration of an existing 

certification. The request shall include:

    (1) Identifying and contact information for the sponsor;

    (2) Identifying information for the relevant hydrographic product(s) 

and the standard(s) under which they were certified;

    (3) Evidence sufficient to assure NOAA that the hydrographic product 

still meets the standard under which it was certified; and

    (4) Other information as may be requested by NOAA.

    (e) NOAA shall decide within 60 calendar days, if its other 

obligations permit, whether to renew a certification. NOAA's decision 

shall be based on whether the hydrographic product continues to meet the 

applicable standard, and other relevant criteria as they become 

apparent.

    (f) 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, 30 calendar days from the receipt of a request for 

reconsideration to either deny the request, or to reconsider and 

announce its decision.

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

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

shall be considered final.