(d) NOAA may, at its option, proceed without the participation of an existing, recognized, compliance testing body should it so choose. Such action might be taken, for example, if there were no appropriate compliance testing body. In this eventuality, NOAA will adhere to the following general procedure:

1. (1) Announce, in the Federal Register or by other appropriate means, NOAA's intention to organize and chair a working group to write and publish compliance tests for the hydrographic product or class;
2. (2) Solicit, via the Federal Register or by other appropriate means, participation and select, reject, and/or revoke permission to participate as NOAA deems appropriate so as to proceed in an orderly and representative manner in writing compliance tests;
3. (3) Initiate, schedule, host, and chair, or designate a chair for, the work of the working group;
4. (4) Circulate, via the Federal Register, or by other appropriate means, the drafts of the working group;
5. (5) Announce, via the Federal Register or by other appropriate means, a NOAA proposed final version of the compliance tests and provide an opportunity for public comment;
6. (6) Announce, via the Federal Register or by other appropriate means, and make available the final version of the compliance tests, and
7. (7) Provide the necessary administrative support.

(e) NOAA may, at its option, adopt existing compliance tests as the NOAA compliance tests for this program. In this eventuality, NOAA shall adhere to the following general procedure:

1. (1) Announce, in the Federal Register or by other appropriate means, NOAA's intention to adopt existing compliance tests for the proposed hydrographic product or class; and
2. (2) Solicit, via the Federal Register or by other appropriate means including public meetings, comment on the proposed compliance tests that NOAA proposes to adopt, and shall consider the comments received.