[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22172]


[[Page Unknown]]

[Federal Register: September 8, 1994]


                                                   VOL. 59, NO. 173

                                        Thursday, September 8, 1994

DEPARTMENT OF COMMERCE

Bureau of Export Administration
[Docket No. 940833-4322]

 

Observation Flights Over U.S. Territory Under the Treaty on Open 
Skies

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice and opportunity for comment.

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SUMMARY: This notice provides information on the Treaty on Open Skies 
(Open Skies) signed by twenty-seven nations (including NATO allies and 
eleven East European and former Soviet States) and requests comments on 
how observation flights under Open Skies might affect the industrial 
sector. Open Skies is a confidence and security building measure that 
permits unarmed aerial data collection by its parties in order to 
promote transparency and openness on military forces and activities. As 
a treaty party, the U.S. will be subject to these observation flights 
on a limited, quota basis. The information collected in response to 
this notice will be used in preparing for observation flights over U.S. 
territory.

DATES: Comments must be received by October 24, 1994.

ADDRESSES: Written comments (six copies) should be sent to Toni 
Jackson, Office of Technology and Policy Analysis, Bureau of Export 
Administration, U.S. Department of Commerce, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Toni Jackson, Office of Technology and 
Policy Analysis, Bureau of Export Administration, U.S. Department of 
Commerce, Washington, DC 20230, (202) 482-3351.
SUPPLEMENTARY INFORMATION:

Background

    The Treaty on Open Skies establishes a regime of unarmed aerial 
observation flights over the entire territory of its participants. The 
treaty is designed to enhance mutual understanding and confidence by 
giving all participants, regardless of size a direct role in gathering 
information about military activities of concern to them. Open Skies is 
the most wide-ranging international effort to date to promote openness 
and transparency of military activities and to facilitate the 
monitoring of compliance with arms control agreements.
    The U.S. was an original signatory to the treaty in 1992 and 
deposited its instrument of ratification in December, 1993. Entry into 
force (EIF) is expected in late 1994/early 1995. Treaty signatories 
include all NATO nations, the East European members of the former 
Warsaw Pact, Ukraine, Georgia and Kyrgyzstan, and the Russia/Belarus 
group of states parties.

Basic Elements of the Treaty on Open Skies

Territory

    The Treaty specifies that all the territory of its participating 
states is open to observation. Countries being observed may not 
restrict observation flights for national security reasons, only for 
legitimate reasons of flight safety. Open Skies observation flights 
will take precedence over regular air traffic.

Quotas

    Each participant has agreed to an annual quota of observation 
flights it is willing to receive over its own territory--its passive 
quota of observation flights. Each participant may conduct as many 
observation flights--its active quota--as its passive quota. The full 
passive quota for the U.S. is 42 flights. During the phase-in 
period,1 countries will have to accept only seventy-five percent 
of their passive quotas. Thus, the initial U.S. passive quota is 31 
flights. For the first year of the treaty's operation, only 4 of the 31 
potential flights over the U.S. were requested, all by Russia/Belarus 
(shared quota). Active quota distributions will be reviewed annually by 
the treaty parties in the treaty's implementation organization, the 
Open Skies Consultative Commission.
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    \1\The phase-in period is from entry into force of the treaty 
until 31 December of the third year following the year in which 
entry into force occurs.
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Aircraft

    The treaty calls for the use of fixed-wing aircraft. The U.S. Open 
Skies aircraft is a modified WC-135B aircraft (a military version of 
the Boeing 707), which the U.S. now calls an OC-135B. States parties 
may choose their own airframes, but the sensors that are used must meet 
treaty standards.

Sensors

    Sensors allowed on board the aircraft may come from four sensor 
categories. Observing parties are not required to utilize all the 
sensors if they do not wish to. The sensor categories and limits agreed 
upon in the treaty are:
    1. Optical panoramic and framing cameras (no better than 30 
centimeters or 12 inches resolution);
    2. Video cameras with real-time display (no better than 30 
centimeters or 12 inches resolution);
    3. Infra-red line-scanning (IRLS) devices (no better than 50 
centimeters or 20 inches resolution);
    4. Sideways-looking synthetic aperture radar (SAR) (no better than 
3 meters or 10 feet resolution);
    All equipment used in Open Skies must be commercially available to 
all participants.
    Sensor resolution is a function of aircraft altitude and the 
sensor's mechanical capabilities, thus the altitude may vary with the 
type of sensor being used--so long as the minimum resolutions are not 
exceeded. While the precise sensor/altitude combinations that will 
occur over an area will not be known in advance of the flight, one or 
more of the following could be in use throughout an observation flight: 
Video and IRLS sensors could be employed at altitudes as low as 1000 
meters (3300 feet). Framing cameras will normally be used between 1000 
and 2600 meters (3300 and 8500 feet). The panoramic camera is expected 
to be used at or above 8000 meters (26000 feet) altitude. SAR may be 
used at varying altitudes.
    The Open Skies aircraft is not permitted to loiter over or circle 
any point.

Timelines

    The observing party is required to notify the observed party of its 
intention to conduct an observation flight no less than 72 hours prior 
to the estimated time of arrival at the point of entry. The period from 
the estimated time of arrival at the point of entry until completion of 
the observation flight may not exceed 96 hours.

Data Availability

    The treaty provides that the observing state will provide a copy of 
the data it collects during an overflight to the observed state. All 
other states parties also have the right to the data collected by the 
observing state, on request. Data collected by sensors during 
observation flights shall be used exclusively for the attainment of the 
purposes of this treaty.

Submission of Comments

    The Department of Commerce encourages interested entities to submit 
comments on the extent to which Open Skies overflights might affect the 
U.S. industrial sector. Specifically, the Department is interested in 
soliciting the following types of comments:
    A. The need for short notice advance notification of observation 
flights;
    B. The reasons why such notification would be required, i.e., to 
prevent disclosure of proprietary information;
    C. Any other comments, suggestions, or questions industry might 
have that would be useful as we prepare for Open Skies implementation.
    Understanding possible industry concerns will help the Department 
in evaluating the need for future industry notification. Because of the 
importance of this notice, comments should be submitted as soon as 
possible during the forty-five day comment period provided by this 
notice.
    The Department will accept comments or information accompanied by a 
request that part or all of the material submitted be treated 
confidentially because of its proprietary nature or for any other 
reason. The information for which confidential treatment is requested 
should be submitted separately from any non-confidential information. 
The top of each page should be marked with the term ``Confidential 
Information''. Confidential submissions must include a statement from 
the submitter that the material is commercial or financial information 
which the submitter does not customarily release to the public. A non-
confidential summary must accompany such submissions of confidential 
information. The Department will make the summary available for public 
inspection.
    The Department will hold information marked as ``Confidential'' and 
accompanied by this statement in confidence to the extent allowed by 
law.
    All other information received in response to this notice will be a 
matter of public record and will be available for public inspection and 
copying. In the interest of accuracy and completeness, the Department 
requires comments in written form. If oral comments are received they 
must be followed by written memoranda, which will also be a matter of 
public record and will be available for public review and copying.
    The public record of information received in response to this 
notice will be maintained in the Bureau of Export Administration's 
Freedom of Information Records Inspection Facility, room 4525, 
Department of Commerce, 14th Street and Pennsylvania Avenue, NW., 
Washington, DC 20230. Records in this facility, including written 
public comments and memoranda summarizing the substance of oral 
communications, may be inspected and copied in accordance with the 
regulations published in part 4 of title 15 of the Code of Federal 
Regulations.
    Information about the inspections and copying of records at the 
facility may be obtained from Edward J. Lingelbach, Freedom of 
Information Officer, Bureau of Export Administration, at the above 
address or by calling (202) 482-5653.

    Dated: September 1, 1994. 
Sue E. Eckert, 
Assistant Secretary for Export Administration.
[FR Doc. 94-22172 Filed 9-7-94; 8:45 am]
BILLING CODE 3510-DT-P