2010 US Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES
Sec. 892b - Quality assurance program
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 17 - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SUBCHAPTER IV - NOAA HYDROGRAPHIC SERVICES Sec. 892b - Quality assurance program |
Contains | section 892b |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 105-384, title III, §304, Nov. 13, 1998, 112 Stat. 3455; Pub. L. 107-372, title I, §104(a), Dec. 19, 2002, 116 Stat. 3080. |
Statutes at Large References | 112 Stat. 3455 116 Stat. 3080 |
Public Law References | Public Law 105-384, Public Law 107-372 |
§892b. Quality assurance program (a) Definition
For purposes of this section, the term “hydrographic product” means any publicly or commercially available product produced by a non-Federal entity that includes or displays hydrographic data.
(b) Program (1) In generalThe Administrator—
(A) by not later than 2 years after December 19, 2002, shall, subject to the availability of appropriations, 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 section 892a(a)(3) of this title;
(B) may authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and
(C) may charge a fee for such certification and use.
(2) Limitation on fee amountAny fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 892a(a)(3) of this title, including the cost of administering such a program.
(c) Limitation on liabilityThe Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section.
(d) Hydrographic Services Account (1) EstablishmentThere is established in the Treasury a separate account, which shall be known as the “Hydrographic Services Account”.
(2) ContentThe account shall consist of—
(A) amounts received by the United States as fees charged under subsection (b)(1)(C) of this section; and
(B) such other amounts as may be provided by law.
(3) UseAmounts in the account shall be available to the Administrator, without further appropriation, for hydrographic services.
(e) Limitation on new fees and increases in existing fees for hydrographic servicesAfter November 13, 1998, the Administrator may not—
(1) establish any fee or other charge for the provision of any hydrographic service except as authorized by this section; or
(2) increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44.
(Pub. L. 105–384, title III, §304, Nov. 13, 1998, 112 Stat. 3455; Pub. L. 107–372, title I, §104(a), Dec. 19, 2002, 116 Stat. 3080.)
Amendments2002—Subsec. (b)(1). Pub. L. 107–372 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Administrator may—
“(A) 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 section 892a(a)(3) of this title;
“(B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and
“(C) charge a fee for such certification and use.”
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