Title 33, Navigation and Navigable WatersRelease 119-110

§892b Quality Assurance Program

Title 33 › CHAPTER 17 — NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION › SUBCHAPTER IV — NOAA HYDROGRAPHIC SERVICES › § 892b

Last updated Sep 22, 2026|Official source

Summary

The Administrator must set up and run a quality assurance program within two years after December 19, 2002, if money is available. The program must be open to all applicants and can certify non‑Federal hydrographic products that meet the standards in section 892a(a)(3). The Administrator may allow use of the agency emblem or trademark on certified products and may charge a fee for certification. Any fee can only cover the costs of testing, evaluation, studies, and running the program. A "hydrographic product" means a public or commercial product or service from a non‑Federal source that shows hydrographic data. The United States is not responsible for negligence by a producer of a certified product. Fees collected go into a Hydrographic Services Account in the Treasury and may be used by the Administrator for hydrographic services without another appropriation. After November 13, 1998, the Administrator may not create or raise other fees for hydrographic services except as allowed here and in section 1307 of title 44.

Full Legal Text

Title 33, §892b

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Definition
For purposes of this section, the term “hydrographic product” means any publicly or commercially available product or service produced or disseminated by a non-Federal entity that includes or displays hydrographic data.
(b)Program
(1)In general
The Administrator— (A)
(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 892a(a)(3) of this title, 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.
(d)Hydrographic Services Account
(1)Establishment
There is established in the Treasury a separate account, which shall be known as the “Hydrographic Services Account”.
(2)Content
The account shall consist of
(A)
(B)such other amounts as may be provided by law.
(3)Use
Amounts 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 services
After 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263 substituted “product or service produced or disseminated” for “product produced”. 2002—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.”

Reference

Citations & Metadata

Citation

33 U.S.C. § 892b

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110