Quality Assurance Program - The Law -

1. Quality Assurance Program -The Law - 33 USC § 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 general. The Administrator-- (A) by not later than 2 years after the date of enactment of the Hydrographic Services Improvement Act Amendments of 2002shall, 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 303(a)(3) of this Act; (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 amount. Any 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 303(a)(3), including the cost of administering such a program.  (c) Limitation on liability. The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section.

2. Quality Assurance Program -The Definitions - • Hydrographic products – Any publicly or commercially available product produced by a non-Federal entity that includes or displays hydrographic data. • Hydrographic data – Information acquired through hydrographic or bathymetric surveying, photogrammetry, geodetic, geospatial, or geomagnetic measurements, tide and current observations, or other methods, that is used in providing hydrographic services. • Hydrographic services – Hydrographic services means • the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, geodetic, geospatial, geomagnetic, and tide and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data; • the development of nautical information systems; and • related activities. • Quality Assurance Program – A set of 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 awarded or denied. • Quality Assurance Program Implementation – The execution of the Quality Assurance Program procedures for specific hydrographic products.

3. Quality Assurance Program -The Plan - • NOAA proposes to fulfill this mandate by establishing procedures under which hydrographic products are: • proposed for certification; • standards are developed and adopted; • compliance tests are developed and adopted; • tested for compliance with the standards; and • certification may awarded or denied. • These procedures would be the mandated Quality Assurance Program. • The execution of those procedures for specific hydrographic products would be the implementation of the program.

4. Quality Assurance Program -The Policy - • Intention is to stimulate the development of private sector hydrographic products. • Open process (anyone can apply, participate in standards and test development, object). • Not all proposed products will be accepted into the program. • Standards and tests preferably written with standards bodies. • Will not certify products for purposes of regulatory carriage requirements. • Certification means standards compliance, not fitness for a purpose. • In all matters NOAA will act in a manner that maximizes safety.

5. Quality Assurance Program -The Procedures - Non-federal hydrographic product Standards Preparation: Via standards body, or NOAA-convened, or NOAA writes. Class Definition Filter Adopt NOAA proposed hydrographic product Certification Certification Determination Compliance Test Preparation: Via testing body, or NOAA-convened, or NOAA writes. Adopt Non-federal hydrographic product NOAA proposed hydrographic product

6. Quality Assurance Program -Potential Issues - • The law is unmanageably broad. It might include: • text messaging delivery of real-time tides. • a database, e.g. Oracle for geodetic data storage. • Captain Jack’s hot fishing spots. • an algorithm to manipulate geospatial data, e.g. smoothing. • Request for standards where NOAA has no expertise. • Certification of “fitness for a purpose” vs. “standards-compliance”. • Part of a product might be appropriate for a standard while the whole might not be. • A surge of applications at program startup may inundate NOAA. • Residual liability. • There was no appropriation for this purpose.

7. Quality Assurance Program -Potential Issues - • Unrealistic expectations by private companies, e.g. • what NOAA is willing to certify; • slowness of the process; • no private standards. • Industry may view this as a marketing opportunity rather than an invention stimulator. • Alternatively, industry may view this as government interference in the marketplace. • The market is already saturated with hydrographic products. • Exclusion of “regulated carriage-compliance” has been an issue. • Lack of manpower to optimally operate the program.

8. Quality Assurance Program -Status - • Policy and program are written. • Published for comment in Federal Register October 15, 2004. • Final rule expected to be published in December, 2004. • Could become active by January 2005, subject to the availability of funds.

9. Quality Assurance Program -Conclusion - • NOAA will make a good faith effort: • to fulfill the intention of the law, • via an open program, • within its existing constraints, and • with public safety as the foremost concern.