CFR Subpart B

CFR Subpart B
in effect

15 C.F.R. § 997.10 Eligibility.

Any non-Federal entity may submit an application for certification as an RCOS as defined in the ICOOS Act and these Regulations.

15 C.F.R. § 997.11 Application process.

(a) The applicant for certification shall submit an application package containing the information and documentation outlined in subpart C of this part. The submission package shall include the application form, available online at http://www.ioos.noaa.gov/certification. (b) Submission shall be made to NOAA at the following address, or to such other address as may be indicated in the future: Director U.S. IOOS Office, NOAA, 1315 East West Hwy., Suite 3000, Silver Spring, MD 20910. Submissions may also be made online at http://www.ioos.noaa.gov/certification.

15 C.F.R. § 997.12 Review by NOAA.

(a) After receiving an application package, NOAA shall have up to 90 calendar days to review the application package and decide whether to certify the applicant. (b) Before the 90 calendar days have elapsed, NOAA may request additional information, in which case NOAA shall have up to 30 additional calendar days after that additional information has been received by NOAA, above and beyond the original 90 calendar days, to review the application package and decide whether to certify the applicant. (c) NOAA's decision whether to certify the applicant shall be based on whether the RCOS demonstrates that it satisfies the current IOOC certification criteria and these regulations.

15 C.F.R. § 997.13 Certification process.

(a) NOAA's decision whether to certify the applicant, along with the reason for its decision, shall be delivered to the applicant via letter delivered by first class mail and by electronic means. (b) Applicants receiving a certification determination in the affirmative shall be designated as “certified” RICEs by NOAA. NOAA shall memorialize this status via a memorandum of agreement with the applicant. Certification shall mean that an RCOS is incorporated into the System. (c) A certified RCOS shall provide NOAA with written notification of the RICE's intention to substantively change its organizational structure or Strategic Operational Plan, and shall request approval from NOAA for the change. After receiving the written notification, NOAA shall have up to 30 calendar days to review the requested change and decide whether to approve the requested change. NOAA's decision, along with the reason for its decision, shall be included in a written notification to the RCOS.

15 C.F.R. § 997.14 Certification duration and renewal.

(a) Certification of an RCOS shall be for a term of 5 years, unless otherwise specified by the NOAA Administrator. (b) Certification may be renewed, at the request of the RCOS, for a period of five years. An RCOS seeking to renew its certification shall provide NOAA with a written request to renew at least 120 calendar days before the expiration of the existing certification. The request shall include the application form, available online at http://www.ioos.noaa.gov/certification, and all information providing evidence that the applicant satisfies the IOOC certification criteria and NOAA regulations promulgated to certify and integrate non-Federal assets into the System. (c) After receiving a written request for renewal of certification, NOAA shall have up to 90 calendar days to review the request and decide whether to renew the certification. (d) Before the 90 calendar days have elapsed, NOAA may request additional information, in which case NOAA shall have up to 30 additional calendar days after that additional information has been received by NOAA, above and beyond the original 90 calendar days, to review the request and decide whether to renew the certification. (e) NOAA's decision whether to renew the certification shall be based on whether the RCOS continues to demonstrate that it satisfies the current IOOC certification criteria and these regulations. NOAA's decision, along with the reason for its decision, shall be included in a written notification to the RCOS.

15 C.F.R. § 997.15 Audit and decertification.

(a) NOAA may audit an RCOS that it has certified to ensure compliance with the IOOC certification criteria and these regulations. NOAA will notify the RCOS of its intent to conduct an audit and will coordinate with the RCOS on the audit schedule and process. (b) NOAA may decertify an RCOS. In general, an RCOS may be decertified when: (1) The results of an audit indicate that the RCOS no longer satisfies the requirements under which it was certified; or (2) Other relevant reasons for decertification become apparent. (c) NOAA's intent to decertify an RCOS, along with the identification of a specific deficiency(ies) and a recommended corrective action(s), shall be included in a written notification to the RICE. After receiving NOAA's written notification, an RCOS shall have up to 45 calendar days to request in writing that NOAA reconsider its intent to decertify the RCOS. The RCOS's request for reconsideration shall contain sufficient information for NOAA to determine whether to grant the request for reconsideration. Alternatively, the RCOS may correct the deficiency(ies) identified by NOAA within 45 calendar days, notify NOAA in writing of the corrective action(s) taken, and provide sufficient evidence for NOAA to determine the correctness and effectiveness of the corrective action(s) taken. (d) If an RCOS submits to NOAA a written request for reconsideration or a written assertion that the identified deficiency(ies) has been corrected, NOAA shall have up to 60 calendar days after receipt of the request or assertion, to review the request for reconsideration or the assertion of corrective action. NOAA's decision, along with the reason for its decision, shall be delivered to the applicant via letter delivered by first class mail and by electronic means. (e) Upon decertification, an RCOS shall no longer be incorporated into the System. (f) An RCOS may act voluntarily to terminate its certification at any time by notifying NOAA in writing of its desire to do so. Upon receipt of the notification by NOAA, the RICE will no longer be incorporated into the System.

15 C.F.R. § 997.16 Final action.

NOAA's decision, whether to certify, renew or decertify an RCOS shall be considered final agency action.

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