At least 30 days, but no more than six months, prior to the end of the type-approval period, a type-approval holder may seek a type-approval renewal by sending a written renewal request letter and information and documentation required under this section to: U.S. Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service; Office of Law Enforcement; Attention: Vessel Monitoring System Office; 1315 East West Highway, Silver Spring, Maryland 20910.
(a) In a type-approval renewal request letter, the type-approval holder should indicate whether the holder is seeking renewal of an MTU, EMTU, MSC, or bundle and must:
(1) Identify the NOAA region(s) or Federal fisheries for which renewal is sought;
(2) Certify that the features, components, configuration and services of the type-approved MTU, EMTU, MCS or bundle remain in compliance with the standards set out in Secs. 600.1502-600.1509 (or for an MTU, requirements applicable when the MTU was originally type-approved) and with applicable VMS regulations and requirements in effect for the region(s) and/or Federal fisheries identified under paragraph (a)(1) of this section that require use of VMS; and
(3) Certify that, since the type-approval or last renewal (whichever was later), there have been no modifications to or replacements of any functional component or piece of the type-approved configuration.
(b) The type-approval holder must include a table with the renewal request letter that lists in one column, each requirement set out in Secs. 600.1502-600.1509 and regulations described under paragraph (a)(2) of this section. For an MTU, instead of the requirements at Secs. 600.1502-600.1509, the table must list any requirements applicable when the MTU was originally type-approved. NMFS' Office of Law Enforcement (OLE) will provide a template for the table upon request. The type-approval holder must indicate in subsequent columns in the table:
(1) Whether the requirement applies to the type-approval;
(2) Whether the requirement is still being met;
(3) Whether any modifications or replacements were made to the type-approved configuration or process since type-approval or the last renewal;
(4) An explanation of any modifications or replacements that were made since type-approval or the last renewal; and
(5) The date that any modifications or replacements were made.
(c) If the type-approval renewal is for an MCS or bundle, the type-approval holder seeking renewal must also provide the following statistical information on the transmission and processing of vessel position reports from onboard EMTUs and MTUs to the MCS or MCSP's VMS data processing center.
(1) The statistical information will, at a minimum, show:
(i) Successful position report transmission and delivery rates;
(ii) The rate of position report latencies; and
(iii) The minimum/maximum/average lengths of time for those latencies.
(2) The statistical information will be demonstrated:
(i) In graph form;
(ii) For each NMFS region and any relevant international agreement area and relevant high seas area; and
(iii) Using data from six full and consecutive months for all of the type-approval holder's U.S. federal fishery customers.
(d) Within 30 days after receipt of a complete renewal request letter, NMFS OLE will notify the type-approval holder of its decision to approve or partially approve the request as provided in Sec. 600.1510, or send a letter to the type-approval holder that explains the reasons for denial or partial denial of the request.
(e) The type-approval holder may respond to NMFS OLE in writing with additional information to address the reasons for denial or partial denial of the renewal request. The type approval holder must submit this response within 21 calendar days of the date of the NMFS OLE letter sent under paragraph (d) of this section.
(f) If any additional information is submitted under paragraph (e) of this section, NMFS OLE, after reviewing such information, may either notify the type-approval holder of its decision to approve or partially approve the renewal request as provided in Sec. 600.1510 or determine that the renewal request should continue to be disapproved or partially disapproved. In the latter case, the NMFS OLE Director will send a letter to the type-approval holder that explains the reasons for the disapproval/partial disapproval. The NMFS OLE Director's decision is final upon issuance of this letter and is not appealable.