[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: 15CFR996.23]



[Page 416-417]

 

                  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. 996.23  Audit and decertification of hydrographic products.



    (a) NOAA may audit hydrographic products it has certified. NOAA may



[[Page 417]]



conduct audits without advance notification. However, visits to 

companies' facilities will be scheduled. Audits may include, but are not 

limited to:

    (1) The producing companies as it may affect the certified product;

    (2) Certified products;

    (3) Processes used in making, distributing, and marketing certified 

products;

    (4) Use of the NOAA emblem;

    (5) Examination of manufacturers' public claims about certified 

hydrographic products;

    (6) Other relevant criteria as they become apparent.

    (b) NOAA may decertify a hydrographic product based on the findings 

of an audit. In general, a hydrographic product may be decertified if:

    (1) The results of an audit indicate that the product no longer 

meets the standards under which it was certified;

    (2) The product has been substantively changed from the product that 

was tested and certified;

    (3) Implied or actual claims about the product, and/or other data or 

products linked to the product, are judged by NOAA to be untrue or 

misleading;

    (4) The NOAA emblem was improperly or inappropriately displayed;

    (5) Other relevant reasons as they become apparent.

    (c) A producing company may decline to reveal information during an 

audit that it declares to be proprietary or for other reasons. In this 

eventuality, NOAA reserves the right to decertify based on lack of 

information should it deem that action appropriate.

    (d) The entity producing the certified hydrographic product shall be 

notified in writing of NOAA's intent to decertify that product. Said 

entity shall have 30 days to request reconsideration of that intended 

action in writing to the Quality Assurance Program address. Said request 

shall contain the identification of the hydrographic product, the 

requestor, and sufficient information for NOAA to make a determination 

on the request for reconsideration. Alternatively, the entity may 

correct the deficiencies cited by NOAA within 30 days, notify NOAA in 

writing at the Quality Assurance Program address of the corrective 

action taken, and provide sufficient evidence for NOAA to judge the 

correctness and effectiveness of the corrective action taken.

    (e) If a request for reconsideration is submitted, or if the 

producing entity asserts that the deficiencies have been corrected, NOAA 

shall have 60 calendar days, if its other obligations permit, to 

consider the request for reconsideration or the corrective action, at 

which time NOAA shall issue its decertification decision. The decision 

and NOAA's reason for its action shall be made public in the Federal 

Register or by other appropriate means, and the producing entity shall 

be notified in writing.

    (f) NOAA's decertification, if unappealed or uncorrected within 30 

days, shall be considered final. NOAA shall notify the producing entity 

of this action in writing, and announce the decertification in the 

Federal Register or by other appropriate means.

    (g) Upon decertification, manufacturers shall discontinue all claims 

of certification, and shall discontinue use of the NOAA emblem.