Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 61165

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

15 CFR Part 995 

[Docket No: 040608174–4174–01] 

RIN 0648–AR87 

Certification Requirements for 

Distributors of NOAA Electronic 

Navigational Charts/NOAA 

Hydrographic Products

AGENCY: National Ocean Service (NOS), 

National Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC).

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

proposes to promulgate certification 

requirements with standards for 

applicants who want to distribute 

NOAA Electronic Navigational Charts 

(NOAA ENCs) as official data. NOAA 

intends to offer two types of 

certification. The first type, ‘‘Certified 

NOAA ENC Distributor’’ (CED), would 

be for NOAA ENCs downloading, exact 

copying, and redistribution of those 

copies of NOAA ENCs data. The second 

type, ‘‘Certified NOAA ENC Value 

Added Distributor’’ (CEVAD), would 

permit reformatting official NOAA ENCs 

into a System Electronic Navigational 

Chart (SENC) using type-approved 

software, and distribution of that SENC. 

Both types of certification would result 

in products that meet federal chart 

carriage regulations. Both types of 

certification would permit, but would 

not require, compression, encryption, 

and packaging with other data. 

NOAA intends by this action to assure 

that quality official NOAA ENC data is 

offered to the public in support of safe 

navigation on U.S. waters.

DATES: Comments must be received by 

November 15, 2004.

ADDRESSES: Comments in writing 

should be submitted to Director, Office 

of Coast Survey, National Ocean 

Service, NOAA (N/CS), 1315 East West 

Highway, Silver Spring, MD 20910. 

Written comments may be faxed to (301) 

713–4516. Comments by e-mail should 

be submitted to ECDIS@noaa.gov.

Electronic Access 

A digital copy of the proposed 

certification requirements for NOAA 

ENC distribution, with application 

templates, is accessible via the Internet 

at NOAA’s Web site: http://

nauticalcharts.noaa.gov/mcd/enc/

index.htm.

FOR FURTHER INFORMATION CONTACT:

Captain Jim Gardner, Chief, Marine 

Chart Division, Office of Coast Survey, 

NOS/NOAA, (301) 713–2724, 

Jim.Gardner@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Background 

NOAA produces electronic 

navigational charts (ENCs) that may be 

used in a type-approved Electronic 

Chart Display and Information System 

(ECDIS) to meet federal nautical chart 

carriage regulations. NOAA distributes 

these official ENCs to the public for free 

over the Internet. This proposed rule 

would establish the requirements by 

which entities may be certified to 

download, redistribute, repackage, or in 

some cases reformat, official ENCs while 

retaining their official status for meeting 

chart carriage regulations. No other 

processes would result in redistributed 

NOAA ENC products that meet chart 

carriage regulations. 

NOAA developed these proposed 

certification requirements to satisfy 

directives contained in Section 104 of 

the Hydrographic Services Improvement 

Act Amendments of 2002, 33 U.S.C. 

892b(b)(1). The Act states that the 

Administrator of NOAA shall develop 

and implement a quality assurance 

program that is equally available to all 

applicants, under which the 

Administrator may certify hydrographic 

products that satisfy the standards 

promulgated by the Administrator 

under the Hydrographic Services 

Improvement Act. 

Hydrographic products include nonfederal publicly or commercially 

available nautical charts, nautical 

information databases, and other 

products derived from hydrographic 

data. These certification requirements 

would ensure the quality of the data and 

its timely and accurate dissemination, 

for safe navigation, and would provide 

the public with a wider variety of 

specialized products that are considered 

official NOAA data for regulatory 

purposes.

To obtain a written copy of the 

proposed certification requirements for 

NOAA ENC distribution, refer to 

ADDRESSES section or visit the Internet 

at NOAA’s Web site: http://

nauticalcharts.noaa.gov/mcd/enc/

index.htm.

In addition to the rules set forth in the 

NOAA certification process, if the Value 

Added Distributor converts NOAA ENC 

data to other formats, it would need to 

comply with the International 

Hydrographic Organization (IHO) 

Technical Resolution A3.11 published 

in M–3 Resolutions of the IHO, Chapter 

A, Section 3. This resolution is available 

from the IHO Web site: http://

www.iho.shom.fr. Also, for reference, it 

is advised that Distributors be familiar 

with the International Electrotechnical 

Commission (IEC) Publication 61174 

and the IHO Special Publication S57. 

IEC Publication 61174 is the basis for 

type-approval specifications related to 

operational methods of testing and 

required test results for an IMOcompliant ECDIS. The IEC Publication 

61174 can be ordered from the IEC Web 

site: http://www.iec.ch. The IHO Special 

Publication S57 includes a description 

of the data structure and format to be 

used for the exchange of ENC data, 

product specification for the production 

of ENC data, and an updating profile. 

The IHO Special Publication S57 is 

available at the IHO Web site: http://

www.iho.shom.fr.

Classification 

A. Executive Order 12866 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866. 

B. Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certifies to 

the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The purpose of this rule is to provide 

the procedures and requirements 

necessary for an entity to be certified as 

‘‘Certified NOAA ENC Distributor’’ or 

‘‘Certified NOAA ENC Value Added 

Distributor.’’ Both types of certification 

would result in products that meet 

federal chart carriage regulations. Both 

types of certification would permit, but 

do not require, compression, 

encryption, and packaging with other 

data. 

This certification process would be 

voluntary. Only those applicants who 

wish to distribute ENC data with the 

phrase ‘‘Certified NOAA ENC 

Distributor’’ or ‘‘Certified NOAA ENC 

Value Added Distributor’’ on products 

and marketing materials would need to 

apply. 

NOAA proposes this certification 

process under the authority of 33 U.S.C. 

892b(b)(1). 

The Small Business Administration 

guideline to separate small from large 

businesses is $4 million for Mapmaking 

firms and $5 million for Navigational 

Services to Shipping and Other Support 

Activities for Water Transportation. 

61166 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 

NOAA is unable to determine the total 

number of small entities that will be 

affected by this rule, as it does not 

specifically track this type of 

information. However, based upon 

knowledge of the nature of the industry, 

NOAA believes the majority of the 

entities affected will be small 

businesses. 

The total estimated economic impact 

to small entities associated with startup 

costs, software and equipment upgrades, 

the application process, reporting, 

record keeping, and compliance 

requirements is not expected to amount 

to sums greater than $5,228 per entity 

annually. However, NOAA does not 

believe this cost would have a negative 

impact on small companies, as only 

those companies that believe they can 

profit would seek certification. This 

estimate of costs incurred associated 

with these requirements should be offset 

through the benefits in increased sales. 

NOAA would require only bi-annual 

reporting and record keeping, balancing 

the burden to the distributor with the 

assurance of maintaining safe navigation 

through data quality verification for 

public safety. Also, to lessen the 

economic impact, the duration of 

certification would be five years from 

the date of issuance. 

It is anticipated the effects of this rule 

if adopted would be largely positive to 

small entities, with potential economic 

benefits. The proposed rule will allow 

certified businesses to sell a new 

product that is considered official 

NOAA data, with the phrase ‘‘Certified 

NOAA ENC Distributor’’ or ‘‘Certified 

NOAA ENC Value Added Distributor’’

on products and marketing materials. 

Federal regulation and reporting would 

be extremely limited. Startup costs 

would be minimal. There would be no 

charge to small businesses for this 

official product, which they could use, 

alter, and/or resell for profit. The rule 

would create a new market for 

electronic chart products that are 

recognized by NOAA through the 

proposed certification process. 

C. Paperwork Reduction Act 

This proposed rule contains 

collection-of-information requirements 

subject to the Paperwork Reduction Act 

(PRA). The following requirements have 

been submitted to OMB for approval; 

the total estimate of burden hours 

annually for all distributors is 535 

hours. The total estimate of burden 

hours per distributor is approximately 

60 hours a year. 

These estimates include the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, 

completing and reviewing the collection 

of information, sending the initial 

application to OCS to become a certified 

distributor, and sending the bi-annual 

reports to OCS. 

Public comment is sought regarding 

whether these proposed collections of 

information are necessary for the proper 

performance of the functions of the 

agency and whether the information 

shall have practical utility; the accuracy 

of the burden estimate; ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information, including the use of 

automated collection techniques or 

other forms of information technology. 

Send comments on these or any other 

aspects of the collection of information 

to NOS (see ADDRESSES) and to David 

Rostker at the Office of Information and 

Regulatory Affairs, OMB, by e-mail to 

David_Rostker@omb.eop.gov or by fax to 

(202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

There are no duplicative, overlapping, 

or conflicting Federal rules associated 

with this proposed rule.

List of Subjects in 15 CFR Part 995 

Navigation (water), Navigational 

charts, Certification requirements, 

Incorporation by reference.

For the reasons stated in the 

preamble, NOS proposes to amend 15 

CFR chapter IX by adding Subchapter F, 

Part 995 to read as follows:

SUBCHAPTER F—QUALITY ASSURANCE 

AND CERTIFICATION REQUIREMENTS FOR 

NOAA HYDROGRAPHIC PRODUCTS AND 

SERVICES

PART 995—CERTIFICATION 

REQUIREMENTS FOR DISTRIBUTORS 

OF NOAA HYDROGRAPHIC 

PRODUCTS

Subpart A—General 

Sec. 

995.1 Purpose and scope. 

995.2 Incorporation by reference. 

995.3 Availability of other publications. 

995.4 Definitions. 

995.5 Abbreviations. 

995.6 Fees. 

995.7 Liability. 

995.8 Alterations.

Subpart B—Certification and Procedures 

995.10 Correspondence and applications. 

995.11 Government review and approval. 

995.12 Certification designation. 

995.13 Transfer of certification. 

995.14 Auditing. 

995.15 Termination of certification. 

995.16 Term of certification.

Subpart C—Requirements for Certified 

Distributors and Value Added Distributors 

of NOAA ENC Products 

995.20 General. 

995.21 Registry of data users. 

995.22 Training of data users. 

995.23 Acquisition of data. 

995.24 Distribution of data. 

995.25 Quality Management System. 

995.26 Conversion of NOAA ENC files to 

other formats. 

995.27 Format validation software testing. 

995.28 Use of NOAA emblem. 

995.29 Limitation on endorsements. 

Appendix A to Subpart C of Part 995—

Certification Application Templates

Authority: 33 U.S.C. 892b(b)(1).

Subpart A—General

§ 995.1 Purpose and scope. 

(a) The National Oceanic and 

Atmospheric Administration (NOAA) 

produces electronic navigational charts 

(ENCs) that may be used in a typeapproved Electronic Chart Display and 

Information System (ECDIS) to meet 

federal nautical chart carriage 

regulations. NOAA distributes these 

official ENCs for free over the Internet. 

This part establishes the requirements 

by which entities may be certified to 

download, redistribute, repackage, or in 

some cases reformat, official NOAA 

ENCs while retaining their official 

status for meeting chart carriage 

regulations. No other processes result in 

redistributed NOAA ENC products that 

meet chart carriage regulations. 

(b) Two types of certification are 

offered. The first type, ‘‘Certified NOAA 

ENC Distributor’’ (CED), covers NOAA 

ENC downloading, exact copying, and 

redistribution of those copies. The 

second type, ‘‘Certified NOAA ENC 

Value Added Distributor’’ (CEVAD), 

permits reformatting official NOAA 

ENCs into a System Electronic 

Navigational Chart (SENC) using typeapproved software, and distribution of 

that SENC. Both types of certification 

result in products that meet federal 

chart carriage regulations. Both types of 

certification permit, but do not require, 

compression, encryption, and packaging 

with other data. 

(c) Entities without certification may 

continue to download official ENCs and 

use, alter, and/or distribute that data, 

but the result does not meet federal 

nautical chart carriage regulations. 

Individuals may download official ENCs 

for their own use. If imported unaltered 

into a type-approved ECDIS, the result 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 61167

meets federal nautical chart carriage 

regulations. 

(d) This part defines the minimum 

requirements regarding the process for 

ensuring the quality of products 

produced by re-distributing NOAA ENC 

data or incorporating it into value-added 

navigational products. These 

requirements apply to entities wishing 

to have products and services for the redistribution of NOAA ENC data 

authorized as ‘‘Certified NOAA ENC 

Distributor’’ and/or as ‘‘Certified NOAA 

ENC Value Added Distributors.’’

§ 995.2 Incorporation by reference. 

Certain material listed in this section 

is incorporated by reference with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. The materials listed in this 

section are incorporated by reference in 

the corresponding sections noted. The 

materials are available for purchase at 

the corresponding addresses noted 

below, and all are available for 

inspection at the Office of the Federal 

Register, 800 North Capitol Street, NW., 

Suite 700, Washington, DC, or at the 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230. 

(a) The material listed below is 

available for purchase from the 

International Hydrographic Bureau, 4 

quai Antoine 1er, B.P. 445, MC 98011 

MONACO CEDEX; telephone: (377) 

93.10.81.00; fax: (377) 93.10.81.40; email : info@ihb.mc. Orders may be 

submitted by letter, fax, or e-mail. 

(1) IHO Technical Resolution A3.11—

ENC/SENC Distribution Option, 

updated September 2002, § 995.25. 

(2) [Reserved] 

(b) [Reserved]

§ 995.3 Availability of other publications. 

(a) For further guidance you may 

obtain the following: 

(1) IEC 61174—The International 

Electrotechnical Commission identified 

and described the necessary 

performance tests and checks for an 

International Maritime Organization 

compliant ECDIS. The IMO Performance 

Standards permit National Maritime 

Safety Administrations to consider 

ECDIS as the functional equivalent to 

charts required by Regulation V, 

Chapter 20 of the 1974 SOLAS 

Convention. IEC Publication 61174, 

dated August 1998, can be purchased 

from the IEC website: http://

www.iec.ch. 

(2) IHO Special Publication S57—The 

IHO Transfer Standard for Hydrographic 

Data, edition 3, dated November 1996, 

describes the data structure and format 

to be used for the exchange of ENC data, 

product specification for the production 

of ENC data, and an updating profile. 

IHO S–57 documentation is available on 

CD ROM from the International 

Hydrographic Bureau, 4 quai Antoine 

1er, B.P. 445, MC 98011 MONACO 

CEDEX; telephone: (377) 93.10.81.00; email: info@ihb.mc. 

(b) [Reserved]

§ 995.4 Definitions. 

Certified NOAA ENC Distributor 

(CED) means an entity that is certified 

as a distributor of NOAA ENC files by 

NOAA. This certification indicates that 

the distributor meets certain 

requirements (in Subparts A, B, and D 

of this document) that ensure timely 

and accurate dissemination of NOAA 

ENC data. 

Certified NOAA ENC Value Added 

Distributor (CEVAD) means an entity 

that creates a derived product that has 

been produced from NOAA ENC files 

using a process certified by NOAA. This 

certification indicates that the CEVAD 

meets certain requirements (in Subparts 

A, C, and D of this document) that 

ensure timely and accurate 

dissemination of NOAA ENC data in a 

non-ENC format.

Derived product means a navigational 

product produced by transforming the 

NOAA ENC files to another format 

while preserving the content and 

accuracy. It may contain information 

from other sources. 

Distributor means a company that redistributes a NOAA hydrographic 

product to end users in its original 

format. 

Electronic Chart Display and 

Information System (ECDIS) means the 

internationally adopted computerassisted navigation system which, when 

complying with all of the required 

specifications, can be accepted as the 

up-to-date chart required by V/20 of the 

1974 SOLAS Convention. 

Electronic Navigational Chart (ENC)

means a database, standardized as to 

content, structure, and format, issued 

for use with ECDIS on the authority of 

government authorized hydrographic 

offices. The ENC contains all the chart 

information necessary for safe 

navigation and may contain 

supplementary information in addition 

to that contained in the paper chart (e.g.

sailing directions), which may be 

considered necessary for safe 

navigation. 

NOAA ENC means Electronic 

Navigational Charts produced by the 

National Oceanic and Atmospheric 

Administration. NOAA ENC files 

comply with the IHO S–57 standard, 

Edition 3.1 and the ENC Product 

Specification. The phrase ‘‘NOAA ENC’’

is a registered trademark and may not be 

used without permission. 

System Electronic Navigational Chart 

(SENC) means a database resulting from 

the transformation of the ENC by ECDIS 

for appropriate use, updates to the ENC 

by appropriate means and other data 

added by the mariner. It is this database 

that is actually accessed by ECDIS for 

the display generation and other 

navigational functions, and is 

equivalent to an up-to-date paper chart. 

The SENC may also contain information 

from other sources. 

Value Added Distributor means a 

company that may use the NOAA ENC 

to create derived products used by end 

users.

§ 995.5 Abbreviations. 

CED Certified NOAA ENC Distributor 

CEVAD Certified NOAA ENC Value 

Added Distributor 

CRC Cyclical Redundancy Checksum 

ECDIS Electronic Chart Display and 

Information System 

ENC Electronic Navigational Chart 

IEC International Electrotechnical 

Commission 

IHO International Hydrographic 

Organization 

IMO International Maritime 

Organization 

ISO International Standards 

Organization 

NOAA National Oceanic and 

Atmospheric Administration 

NOS National Ocean Service 

OCS Office of Coast Survey 

SENC System Electronic Navigational 

Chart 

SOLAS Safety of Life at Sea 

VAD Value Added Distributor

§ 995.6 Fees. 

The Office of Coast Survey, NOAA, 

may charge a fee for costs incurred to 

process the request for certification 

pursuant to 33 U.S.C. 892b(b)(1)(C) and 

892b(b)(2). The amount of the fee, if one 

is charged, will be determined by the 

Director, Office of Coast Survey, and 

charged to all Applicants based on the 

time and effort involved. Any fee shall 

not exceed the costs of conducting the 

quality assurance testing, evaluation, or 

studies necessary to determine whether 

the hydrographic product satisfies the 

standards. 

If a fee is charged, it will be charged 

for each application for certification 

submitted by an Applicant. The only 

exception is for resubmissions of 

revised requests that were initially 

unacceptable and are sent in within 90 

days as described in § 995.11(b)(2).

§ 995.7 Liability. 

Distributors and value added 

distributors certified under this section 

61168 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 

shall indemnify and hold harmless the 

U.S. Government for any loss, claim, 

damage, or liability of any kind, the 

extent caused by the negligence of 

certified distributors or value added 

distributors or their employees, arising 

out of the use by a distributor or value 

added distributor, or any party acting on 

its behalf or under its authorization, of 

NOAA data.

§ 995.8 Alterations. 

NOAA reserves the right to change 

these requirements at any time.

Subpart B—Certification and 

Procedures

§ 995.10 Correspondence and 

applications. 

(a) Distributors or value-added 

distributors desiring certification from 

NOAA shall provide a written request 

and application for certification to the 

Office of Coast Survey, Attention: 

Distribution Certification, N/CS, 1315 

East West Highway, Silver Spring, 

Maryland 20910. Such a distributor or 

value-added distributor is hereafter 

referred to as Applicant. The Office of 

Coast Survey (OCS) is the approving 

office for certification under these 

requirements. 

(b) Applicant shall provide an 

application for certification that 

describes how each element in the 

applicable sections of these 

requirements has been met. The 

application will also contain an 

acknowledgment, signed by a company 

principal, of all terms and conditions 

described in these requirements. 

(c) Applicant shall use the 

appropriate template provided in 

Appendix A to these requirements to 

prepare their request for certification. 

(d) Applicant shall provide, with its 

application, a point of contact with 

mailing address, phone number, and email address. Applicant shall 

immediately notify NOAA, through the 

Office of Coast Survey, of any changes 

to point of contact information. Failure 

to do so will be considered a violation 

of these requirements and may lead to 

termination of certification.

§ 995.11 Government review and approval. 

(a) An application will be reviewed by 

NOAA within 90 days of receipt. If all 

requirements, as defined by these 

document, are adequately addressed, 

certification will be granted. If for any 

reason NOAA will be unable to process 

the application for certification within 

the 90-day time frame, Applicant will be 

notified and a revised date will be 

provided for a decision on the request. 

(b)(1) NOAA will determine if the 

request for certification is complete and 

that it demonstrates that Applicant has 

met all of the applicable requirements 

described in this document. 

(2) In the event that a request is 

incomplete or does not demonstrate that 

Applicant has met all of the applicable 

requirements, NOAA will consider the 

application unacceptable. NOAA will 

notify the Applicant of the deficiencies 

in writing. Applicant may re-submit a 

revised application within 90 days of 

receipt of NOAA’s denial notice. 

Resubmissions received after the 90-day 

resubmission period will automatically 

be denied. NOAA will review 

applications received within the 90-day 

resubmission period in the time frame 

described in § 995.11(a). After the 

second review, if the application is still 

unacceptable, Applicant will be again 

notified of the deficiencies in writing. 

At that point, Applicant may not resubmit the application for certification 

for a period of one year from the date 

of the second notification of an 

unacceptable application.

§ 995.12 Certification designation. 

(a) An Applicant that has been 

certified by NOAA as a CED may use the 

phrase ‘‘Certified NOAA ENC 

Distributor’’ on products and marketing 

materials. An Applicant that has been 

certified by NOAA as a CEVAD may use 

the phrase ‘‘Certified NOAA ENC Value 

Added Distributor’’ on products and 

marketing materials. 

(b) [Reserved]

§ 995.13 Transfer of certification. 

If, subsequent to certification, a 

distributor or value added distributor of 

NOAA hydrographic products contracts 

or in any way transfers the production 

or distribution of all or part of the 

certified products to another entity, the 

existing certification is terminated and 

the process must be re-certified.

§ 995.14 Auditing. 

NOAA reserves the right to audit 

certified distributors and value added 

distributors of NOAA hydrographic 

products to ensure that these 

requirements are being met. Such an 

audit may consist of: visits to the 

production facilities, product testing, 

confirmation of ISO 9001 certification, 

confirmation of type approval for 

conversion software, and so forth.

§ 995.15 Termination of certification. 

(a) NOAA reserves the right to audit 

certified distributors. In the event that 

NOAA determines that a certified 

distributor or value added distributor of 

NOAA hydrographic products is not 

meeting the requirements described in 

these regulations, the Office of Coast 

Survey, NOAA will provide written 

notification of any deficiencies to the 

distributor. The distributor or value 

added distributor’s certification will be 

immediately suspended and the 

distributor or value added distributor 

shall have thirty (30) working days to 

correct the deficiencies. If the 

deficiencies are not corrected within 

this time, the Director, Office of Coast 

Survey, may terminate the certification. 

(b) Notice of termination will be 

provided to the distributor or value 

added distributor in writing and will 

also be released to the public. 

(c) Certification may also be 

terminated if the distributor or value 

added distributor: 

(1) Contracts or transfers the 

production or distribution of all or part 

of the certified products to another 

entity without the approval of NOAA, or 

(2) Fails to, or is unable (in the 

opinion of NOAA) to carry out its 

responsibilities as described in these 

requirements. 

(d) After a distributor or value added 

distributor’s certification has been 

terminated, it may not resubmit a 

request for certification for a period of 

one year from the date of termination.

§ 995.16 Term of certification. 

The duration of certification is five 

years from the date of issuance. At the 

end of the certification’s duration, the 

process must be re-certified by the 

distributor or value added distributor 

submitting a request for certification as 

described in § 995.10. It may also be 

revoked prior to the duration under the 

conditions described in § 995.15.

Subpart C—Requirements for Certified 

Distributors and Value Added 

Distributors of NOAA ENC Products

§ 995.20 General. 

The requirements for certification as a 

‘‘Certified NOAA ENC Distributor’’

(CED) and ‘‘Certified NOAA ENC Value 

Added Distributor’’ (CEVAD) are 

described below.

§ 995.21 Registry of data users. 

(a) CED or CEVAD shall maintain a 

registry of customers receiving NOAA 

ENC data. CED or CEVAD shall provide 

said registry to NOAA on a biannual 

basis for internal NOAA planning and 

product evaluation use. NOAA agrees to 

treat such information as proprietary (if 

requested to do so by the CED or 

CEVAD). 

(b)(1) The registry shall include, but 

not be limited to: 

(i) Which NOAA ENC cells were 

provided to each customer; 

(ii) Edition number of each cell 

provided; 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 61169

(iii) Updates provided for each cell; 

(iv) Method of distribution for each 

customer. 

(2) The registry may also include 

information about the type and size of 

vessel that the NOAA ENC data has 

been provided for as well as an 

anonymous unique identifier for the 

vessel.

§ 995.22 Training of data users. 

CED or CEVAD shall, by providing 

appropriate training and/or adequate 

documentation, ensure that the 

recipient has a sufficient level of 

knowledge about the NOAA ENC and 

the service provided by CED or CEVAD, 

including: 

(a) Any time delays that may occur 

between official release of a NOAA ENC 

or update, and CED or CEVAD 

providing same to end users; 

(b) Any non-NOAA ENC data or 

information that is provided by CED or 

CEVAD in addition to the NOAA ENC.

§ 995.23 Acquisition of data. 

(a) CED or CEVAD shall obtain official 

NOAA ENC files only by directly 

downloading them from an official 

NOAA ENC site on the Internet. 

(b)(1) After downloading NOAA ENC 

files, CED or CEVAD shall uncompress 

the files and compute a CRC checksum 

value for each NOAA ENC file and 

verify that it matches the CRC checksum 

value contained in the CATALOG.031 

file provided with the NOAA ENC files 

by NOAA. This is to ensure that no 

NOAA ENC files have been corrupted 

during the download process. 

(2) In the event that said CRC 

checksum value does not match that in 

the CATALOG.031 file, CED or CEVAD 

agrees to: 

(i) Repeat the download process; 

(ii) In the event that said CRC 

checksum value for the repeat download 

does not match that in the 

CATALOG.031 file, immediately notify 

the NOAA ENC Production Manager at 

enc.chartproduction@noaa.gov, and; 

(iii) Not distribute any NOAA ENC 

that does not have a valid CRC 

checksum.

§ 995.24 Distribution of data. 

(a) Distribution of data by CED—(1) 

Format of distributed data—(i) General. 

Except as listed in § 995.24(a)(1)(ii) and 

(iii), CED agrees to distribute NOAA 

ENC data only in the original form 

provided by NOAA after uncompressing 

and shall not change the file format (S–

57 Edition 3.1 ENC or other formats 

specified by NOAA), or contents, or 

alter the NOAA ENC data in any way. 

(ii) Compression. The NOAA ENC 

files may be compressed using a lossless 

compression technique provided that 

CED makes the decompression software 

available to the end user as part of the 

distribution service. Decompressed files 

must have the same CRC checksum 

value as the original files. The CED 

agrees to make the compression/

decompression software and 

documentation available to NOAA for 

testing. 

(iii) Encryption. The NOAA ENC files 

may be encrypted by CED, providing 

that the encryption/decryption process 

does not result in any information loss 

and that CED makes the decryption 

software available to the end user as 

part of the distribution service. 

Decrypted files must have the same CRC 

checksum value as the original files. 

CED shall make the encryption/

decryption software and documentation 

available to NOAA for testing. 

(2) Frequency of distribution. CED 

shall make all current editions of NOAA 

ENC files and all updates to or new 

editions of NOAA ENC files available to 

its customers within five working days 

of the files or updates being posted by 

NOAA. 

(3) Distribution report. CED shall 

provide a quarterly report on when 

NOAA ENC files were downloaded and 

when they were distributed to end 

users. 

(4) Additional data. (i) If CED 

provides other data to customers in 

addition to NOAA ENC data (e.g., ENC 

data from other nations, raster chart 

data, privately produced data, etc.), CED 

shall provide a clear indication to the 

customer which files are official NOAA 

ENC data and which files are not. This 

may be accomplished through means 

such as package labeling, notifications 

in software, or other means. 

(ii) Additionally, any data that is 

included with NOAA ENC data must 

not result in embarrassment to the 

Department of Commerce or NOAA. 

There must be no conflict with any 

trademark rights and the inclusion of 

non-NOAA data will not constitute any 

endorsement of or favoritism toward the 

non-NOAA data or CED. 

(5) Identification of contents. CED 

shall ensure that NOAA ENC files 

provided to an end user are clearly 

identified as to the contents (cells, 

updates, and ancillary files) and 

authenticity of the exchange set. 

(b) Distribution of Data by CEVADs—

(1) Frequency of distribution. CEVAD 

shall make all current editions of NOAA 

ENC files and all updates to or new 

editions of NOAA ENC files available to 

its customers within five working days 

of the files or updates being posted by 

NOAA. 

(2) Distribution report. CEVAD shall 

provide a quarterly report to NOAA on 

when NOAA ENC files were 

downloaded and when they were 

distributed or made available to end 

users. 

(3) Additional data. (i) If CEVAD 

provides products to customers that 

incorporate other data in addition to 

NOAA ENC data (e.g., ENC data from 

other nations, raster chart data, privately 

produced data, etc.), CEVAD shall 

provide a clear indication in the product 

which data are from official NOAA ENC 

data and which data are not. This shall 

be done in a way that allows the 

navigation system to give the end user 

an automatic notification or warning 

that particular data elements within the 

product are not from the official NOAA 

ENC. Any such data shall not degrade 

the official NOAA ENC data or 

information. 

(ii) Additionally, any data that is 

included with NOAA ENC data must 

not result in embarrassment to the 

Department or NOAA. There must be no 

conflict with any trademark rights and 

the inclusion of non-NOAA data will 

not constitute any endorsement of or 

favoritism toward the non-NOAA data 

or CEVAD. 

(4) Identification of contents. CEVAD 

shall ensure that data provided to an 

end user clearly identify which NOAA 

ENC files are included in the product 

as to the contents (cells, updates, and 

ancillary files) and authenticity of the 

NOAA ENC files used.

§ 995.25 Quality Management System. 

(a) Quality Management System for 

CEVADs. (1) CEVAD shall operate a 

quality management system, based on 

ISO 9001–2000 or equivalent, which 

embraces all elements of the process 

used to process and distribute NOAA 

ENC files. The minimum requirements 

for such a quality management system 

are those defined in this document. The 

quality management system must ensure 

that the production process complies 

with all relevant requirements of this 

document. 

(2) The quality management system 

must, at a minimum, include an 

adequate account of: 

(i) The quality objectives and the 

organizational structure, 

responsibilities, and powers of 

management with regard to production 

quality;

(ii) The techniques, processes, and 

systematic actions that will be used for 

quality management throughout the 

production process, including NOAA 

ENC conversion and the quality of the 

product being distributed; 

61170 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 

(iii) The examination and tests that 

will be carried out before, during, and 

after processes essential for the quality 

of the product, and the frequency with 

which they will be carried out; 

(iv) The quality records, such as 

inspection records and test data, 

qualification reports of personnel 

concerned resulting from the program 

specified herein; and 

(v) The means for monitoring the 

achievement of the required quality of 

the product and the effective operation 

of the quality management system. 

(3) Design and development changes 

shall be reviewed, verified, and 

validated as appropriate and approved 

by the ISO 9001 certification authority 

(or equivalent if another quality 

management system is used) before 

implementation. 

(4) If the type approved conversion 

software is maintained by a third party, 

CEVAD shall ensure that no changes 

made to the conversion software render 

the type approval of the conversion 

software invalid, and shall evaluate the 

effects of such changes on the end users 

of the product. 

(5) CEVAD shall analyze both internal 

information and that received from 

external parties in order to continually 

monitor and improve the production 

process and the product being 

distributed. 

(6) CEVAD shall ensure that 

personnel performing work affecting the 

production process are competent with 

regard to appropriate education, 

training, skills, and expertise. 

(7) CEVAD shall conduct internal 

audits at planned intervals to determine 

whether the quality management system 

conforms to the requirements of this 

document and is effectively 

implemented and maintained. The audit 

program shall take into consideration 

the individual processes’ importance in 

relation to the product quality, as well 

as results of previous audits. Selection 

of auditors and conducting of audits 

shall, as far as practicable, insure 

objectivity and impartiality in the audit 

process. 

(8) CEVAD shall ensure that actions 

are taken without undue delay to 

eliminate detected non-conformities and 

their causes. Follow-up activities shall 

include the verification of the actions 

taken and the reporting of verification 

results. 

(9) Format validation software testing. 

Tests shall be performed verifying, as far 

as reasonable and practicable, that 

CEVAD’s data testing software performs 

the checks, as specified by CEVAD, for 

verifying that the converted data 

conforms to its own proprietary product 

specification. 

These tests may be combined with 

testing of the conversion software. 

(b) [Reserved]

§ 995.26 Conversion of NOAA ENC files to 

other formats. 

(a) Conversion of NOAA ENC files to 

other formats—(1) Content. CEVAD may 

provide NOAA ENC data in forms other 

than that provided by NOAA. However, 

CEVAD shall not change the 

information content provided by the 

NOAA ENC. This means that all features 

and their associated attribution must be 

preserved in the CEVADs data files 

without degradation to positional 

accuracy or informational content. 

(2) Software certification. Conversion 

of NOAA ENC data to other formats 

must be accomplished within the 

constraints of ‘‘IHO Technical 

Resolution A3.11 (Incorporation by 

Reference see § 995.2)—ENC/SENC 

Distribution Option,’’ in particular, 

paragraph three:

Distributors who are to supply the SENC 

service must operate under the regulations of 

the issuing authority. The onshore ENC to 

SENC conversion must be performed using 

type-approved software.

(3) Error reporting. Any errors 

detected during the conversion process 

shall be logged and investigated prior to 

releasing the data in which the errors 

occurred. Any errors that apparently 

originate in the NOAA ENC files shall 

be immediately reported to NOAA. 

(4) Format check. CEVAD shall ensure 

that the converted data conforms to the 

CEVAD’s own format specifications and 

shall test load the converted data to 

ensure that it will correctly load and 

display on the intended equipment. 

(b) [Reserved]

§ 995.27 Format validation software 

testing. 

Tests shall be performed verifying, as 

far as reasonable and practicable, that 

CEVAD’s data testing software performs 

the checks, as specified by CEVAD, for 

verifying that the converted data 

conforms to its own proprietary product 

specification. These tests may be 

combined with testing of the conversion 

software.

§ 995.28 Use of NOAA emblem. 

(a) Permission for the use of the 

NOAA emblem must be obtained by 

formally requesting such permission 

from NOAA and the Department of 

Commerce through NOAA’s Office of 

Coast Survey. 

(b) Use of the NOAA emblem must 

satisfy an interest of the Department; the 

use may not result in embarrassment to 

the Department; there must be no 

conflict with any trademark rights, as 

stated in § 995.24(a)(4)(ii) and (b)(3)(ii); 

and there can be no endorsement or 

favoritism toward the distributor or 

value added distributor using the 

emblem, or other appearance of 

impropriety. 

(c) Certification under these 

regulations does not automatically grant 

the distributor or value added 

distributor the right to use the NOAA 

logo. Use of the NOAA logo without 

express permission from NOAA and the 

Department of Commerce will be 

considered grounds for denial of an 

application for certification or 

termination of certification. 

(d) Emblem use by certified 

distributors or certified value added 

distributors of NOAA electronic 

products. (1) A CED or CEVAD may use 

the NOAA emblem in product labeling 

and advertising materials but only in 

conjunction with the phrase ‘‘Certified 

NOAA ENC Distributor’’ or ‘‘Certified 

NOAA ENC Value Added Distributor,’’

as applicable, and only after receiving 

separate, written permission from 

NOAA and the Department of 

Commerce as described below. 

(2) If the NOAA emblem is used with 

products that include other data, clear 

indication must be provided to the 

customer indicating that the emblem 

and the phrase ‘‘Certified NOAA ENC 

Distributor’’ or ‘‘Certified NOAA ENC 

Value Added Distributor’’ does not 

apply to the entire product delivered. 

Information on the effects of such 

limitation must be provided to the 

customer. (See § 995.24(a)(4) and (5), 

and (b)(3) and (4)).

§ 995.29 Limitation on endorsements. 

By certifying compliance with these 

requirements, NOAA does not 

automatically, directly, or indirectly 

endorse any product or service 

provided, or to be provided, by 

distributor or value added distributor or 

its successors, assignees, or licensees. 

The distributor or value added 

distributor shall not in any way imply 

that this certification is an endorsement 

of any such product or service without 

separate, written permission from 

NOAA and the Department of 

Commerce.

Appendix A to Subpart C of Part 995—

Certification Application Templates 

Notice to respondents: 

This information is being collected by 

NOAA to ascertain qualifications for 

certification as an authorized distributor of 

official NOAA ENC data. NOAA developed 

this certification process under the authority 

of 33 U.S.C. 892b(b)(1), which states that the 

Administrator of NOAA is directed to 

develop and implement a quality assurance 

program that is equally available to all 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 61171

applicants, under which the Administrator 

may certify hydrographic products that 

satisfy the standards promulgated by the 

Administrator under section 892a(a)(3) of the 

Hydrographic Services Improvement Act. 

The information on these forms is not 

associated with performance of agency 

functions.

Public reporting burden for this collection 

of information is estimated to average 16 

hours per response, including the time for 

reviewing instructions, searching existing 

data sources, gathering and maintaining the 

data needed, and completing and reviewing 

the collection of information. Send 

comments regarding this burden estimate or 

any other aspect of this collection of 

information, including suggestions for 

reducing this burden, to 

Jim.Gardner@noaa.gov. 

Responses to this collection are considered 

voluntary, though they are required for 

certification. 

The information requested on these forms 

will not be disseminated to the public or 

used to support information that will be 

disseminated to the public. Any disclosure of 

propriety information will be held in 

confidentiality as regulated under the Trade 

Secrets Act. NOAA will not violate that Act’s 

prohibitions against unauthorized agency 

disclosures of trade secrets or other 

confidential business information. 

Notwithstanding any other provision of the 

law, no person is required to, nor shall any 

person be subject to a penalty for failure to, 

comply with a collection of information 

subject to the requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid OMB 

Control Number.

OMB Control # llll Expires llll

Application for Certification as ‘‘Certified 

NOAA ENC Distributor’’

Company Name 

Company Address 

Company Phone Number 

Company Fax Number 

Company E-Mail Address 

Point of Contact 

Point of Contact Address 

Point of Contact Phone Number 

Point of Contact Fax Number 

Point of Contact E-Mail Address

This is a request for the above named 

company (hereinafter referred to as 

Distributor to be certified as a ‘‘Certified 

NOAA ENC Distributor’’ (CED). This 

document describes how each of the 

requirements for certification is being met. 

Descriptive titles after each number in 

parenthesis correspond to section titles in the 

rule. 

(1) Registry of data users 

Include a description of the data user 

registry, including: 

(a) What data elements it contains, 

specifically showing how the required 

elements are included; 

(b) A hardcopy sample of the report that 

will be periodically submitted to NOAA; 

(c) A short description of how the registry 

is maintained. 

(2) Training of data users 

Include a description of any training and 

a copy of any documentation provided to 

users that is intended to meet this 

requirement. 

(3) Acquisition of data 

Distributor asserts that all procedures 

described in this requirement for the 

acquisition of NOAA ENC data for 

distribution are being followed. 

(4) Distribution of data/General 

Distributor asserts that all NOAA ENC

data distributed will be in the format 

described by this requirement. 

(5) Distribution of data/Compression 

Distributor shall indicate if data 

compression techniques are used. If 

Distributor uses data compression 

techniques, Distributor asserts that the 

process meets the requirements of this 

section. 

(6) Distribution of data/Encryption 

Distributor shall indicate if data encryption 

techniques are used. If Distributor uses data 

encryption techniques, Distributor asserts 

that the process meets the requirements of 

this section. 

(7) Distribution of data/Frequency of 

distribution 

Distributor asserts that any updates will be 

transmitted to their users within the time 

constraints described by this requirement. 

(8) Distribution of data/Distribution report 

Distributor shall provide an example of the 

distribution report described by this 

requirement. 

(9) Distribution of data/Additional data 

Distributor shall indicate if additional data 

is to be distributed with the NOAA ENC

data. If so, Distributor shall provide examples 

of how the data users will be informed as to 

the official and unofficial contents of the data 

as described in this requirement. 

(10) Distribution of data/Identification of 

contents 

Distributor shall provide examples of how 

the contents of the NOAA ENC files will be 

identified to the users. 

(11) Use of NOAA emblem 

Distributor acknowledges that a separate 

request for the use of the NOAA emblem 

must be submitted according to the 

procedure described in § 995.28. 

(12) Limitation on Endorsements 

Distributor acknowledges that NOAA does 

not automatically, directly, or indirectly 

endorse any product or service provided, or 

to be provided, by Distributor, its successors, 

assignees, or licensees. Distributor shall not 

in any way imply that this certification is an 

endorsement of any such product or service 

without separate, written permission. 

(13) Correspondence and Applications/

Requests for Certification 

Distributor acknowledges and agrees to all 

procedures and requirements described 

pertaining to the certification process. 

(14) Correspondence and Applications/Point 

of contact 

Distributor agrees to immediately notify 

the Government of any changes to point of 

contact information. 

(15) Auditing 

Distributor acknowledges that NOAA 

reserves the right to audit Distributor to 

ensure that these requirements are being met. 

(16) Termination of certification 

Distributor acknowledges the conditions 

leading to and procedures for the termination 

of certification as described in the 

requirements. 

(17) Term of certification 

Distributor acknowledges that the duration 

of certification is five years from the date of 

issuance. 

(18) Liability 

By signing this request for certification, 

Distributor pledges to indemnify and hold 

harmless the U.S. Government for any loss, 

claim, damage, or liability of any kind, the 

extent caused by the negligence of Distributor 

or its employees, arising out of the use by the 

Distributor, or any Party acting on its behalf 

or under its authorization, of NOAA ENC

data. 

Signature of this request constitutes an 

acknowledgement by Distributor of ALL 

applicable terms and conditions described in 

the certification requirements.

Signed: 

Title: 

Date: 

OMB Control #llll Expires ll

Application for Certification as ‘‘Certified 

NOAA ENC Value Added Distributor’’

Company Name 

Company Address 

Company Phone Number 

Company Fax Number 

Company E-Mail Address 

Point of Contact 

Point of Contact Address 

Point of Contact Phone Number 

Point of Contact Fax Number 

Point of Contact E-Mail Address

This is a request for the above named 

company (hereinafter referred to as Value 

Added Distributor) to be certified as a 

‘‘Certified NOAA ENC Value Added 

Distributor’’ (CEVAD). This document 

describes how each of the requirements for 

certification is being met. Descriptive titles 

after each number in parenthesis correspond 

to section titles in the rule. 

(1) Registry of data users 

Include a description of the data user 

registry, including: 

(a) What data elements it contains, 

specifically showing how the required 

elements are included; 

(b) A hardcopy sample of the report that 

will be periodically submitted to NOAA; 

(c) A short description of how the registry 

is maintained. 

(2) Training of data users 

Include a description of any training and 

a copy of any documentation provided to 

61172 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Proposed Rules 

users that is intended to meet this 

requirement. 

(3) Acquisition of data 

Value Added Distributor asserts that all 

procedures described in this requirement for 

the acquisition of NOAA ENC data for 

distribution are being followed. 

(4) Quality Management System 

Value Added Distributor shall provide a 

copy of the ISO 9001–2000 certification or 

certification of compliance with an 

equivalent program of quality management 

that covers the processes described in this 

section of the requirements. 

(5) Conversion of NOAA ENC files to other 

formats 

Value Added Distributor asserts that all 

NOAA ENC content and accuracy are 

preserved during the conversion process as 

described in this section of the requirements. 

(6) Conversion of NOAA ENC files to other 

formats/Software certification 

Value Added Distributor shall provide a 

copy of the type approval certificate for the 

software used to convert the NOAA ENC

files to the Value Added Distributor’s format. 

(7) Conversion of NOAA ENC files to other 

formats/Error reporting Value Added 

Distributor asserts that they shall log and 

report any errors in the NOAA ENC data 

detected during the conversion process. 

Value Added Distributor shall provide an 

example of the report format that they will 

use. 

(8) Conversion of NOAA ENC files to other 

formats/Format check 

Value Added Distributor asserts that all 

data shall be checked for conformance with 

Value Added Distributor’s own format 

specifications and shall test load the 

converted data as described in this section of 

the requirements. 

(9) Distribution of data/Frequency of 

distribution 

Value Added Distributor asserts that any 

updates will be transmitted to their users 

within the time constraints described by this 

requirement. 

(10) Distribution of data/Distribution report 

Value Added Distributor shall provide an 

example of the distribution report described 

by this requirement. 

(11) Distribution of data/Additional data 

Value Added Distributor shall indicate if 

additional data is to be distributed with the 

NOAA ENC data. If so, Value Added 

Distributor shall provide examples of how 

the data users will be informed as to the 

official and unofficial contents of the data as 

described in this requirement. 

(12) Distribution of data/Identification of 

contents 

Value Added Distributor shall provide 

examples of how the contents of the NOAA 

ENC files will be identified to the users. 

(13) Format validation software testing 

The validation software used by Value 

Added Distributor shall be tested according 

to this requirement and the results stated in 

this section of the request for certification. 

(14) Use of NOAA emblem 

Value Added Distributor acknowledges 

that a separate request for the use of the 

NOAA emblem must be submitted according 

to the procedure described in § 995.28. 

(15) Limitation on Endorsements 

Value Added Distributor acknowledges 

that NOAA does not automatically, directly, 

or indirectly endorse any product or service 

provided, or to be provided, by Value Added 

Distributor, its successors, assignees, or 

licensees. Value Added Distributor shall not 

in any way imply that this certification is an 

endorsement of any such product or service 

without separate, written permission. 

(16) Correspondence and Applications/

Requests for Certification 

Value Added Distributor acknowledges 

and agrees to all procedures and 

requirements described pertaining to the 

certification process. 

(17) Correspondence and Applications/Point 

of contact 

Value Added Distributor agrees to 

immediately notify the Government of any 

changes to point of contact information. 

(18) Auditing 

Value Added Distributor acknowledges 

that NOAA reserves the right to audit Value 

Added Distributor to ensure that these 

requirements are being met. 

(19) Termination of certification 

Value Added Distributor acknowledges the 

conditions leading to and procedures for the 

termination of certification as described in 

the requirements. 

(20) Term of certification 

Value Added Distributor acknowledges 

that the duration of certification is five years 

from the date of issuance. 

(21) Liability 

By signing this request for certification, 

Value Added Distributor pledges to 

indemnify and hold harmless the U.S. 

Government for any loss, claim, damage, or 

liability of any kind, the extent caused by the 

negligence of Value Added Distributor or its 

employees, arising out of the use by the 

Value Added Distributor, or any party acting 

on its behalf or under its authorization, of 

NOAA ENC data. 

Signature of this request constitutes an 

acknowledgement by Value Added 

Distributor of ALL applicable terms and 

conditions described in the certification 

requirements.

Dated: October 4, 2004. 

Richard W. Spinrad, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management, National 

Oceanic and Atmospheric Administration.

[FR Doc. 04–23167 Filed 10–14–04; 8:45 am] 

BILLING CODE 3510–JE–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

15 CFR Part 996 

[Docket No: 040908256425601] 

RIN 0648–AS50 

Quality Assurance and Certification 

Program for NOAA Hydrographic 

Products

AGENCY: National Ocean Service (NOS), 

National Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC).

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

has been mandated to develop and 

implement a quality assurance program 

that is equally available to all 

applicants, under which the 

Administrator may certify hydrographic 

products that satisfy standards 

promulgated by the Administrator. 

‘‘Hydrographic products’’ are any 

publicly or commercially available 

products produced by a non-Federal 

entity that include or display 

hydrographic data. The Administrator 

proposes to fulfill this mandate by 

establishing procedures by which 

hydrographic products are proposed for 

certification; by which standards and 

compliance tests are developed, 

adopted, and applied for those products; 

and by which certification may be 

awarded or denied. These procedures 

would be the mandated Quality 

Assurance Program, and the 

implementation of the program would 

be the execution of those procedures for 

specific hydrographic products.

DATES: Comments must be received by 

November 15, 2004.

ADDRESSES: Comments in writing 

should be submitted to Director, Office 

of Coast Survey, National Ocean 

Service, NOAA (N/CS), 1315 East West 

Highway, Silver Spring, MD 20910. 

Written comments may be faxed to (301) 

713–4019. Comments by e-mail should 

be submitted to 

HydrographicProducts@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Mr. 

David B. Enabnit, Office of Coast 

Survey, NOAA (N/CSx2), 1315 EastWest Highway, Silver Spring, MD, 

20910, (voice phone) 301–713–2770 

x132, (fax phone) 301–713–4019, (email) Dave.Enabnit@noaa.gov.

SUPPLEMENTARY INFORMATION: