[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Rules and Regulations]
[Pages 45160-45164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19478]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 911

[Docket No.: 030220035-3035-01]
RIN 0648-AQ55


Policies and Procedures Concerning Use of the NOAA Space-Based 
Data Collection Systems

AGENCY: National Environmental Satellite, Data, and Information Service 
(NESDIS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations setting forth policies 
and procedures regarding space-based data collection systems (DCS) to 
allow expanded use of the NOAA DCS for government interests and to 
permit greater flexibility in utilizing these vital U.S. data 
collection assets in support of homeland security, National security, 
law enforcement, and humanitarian operations.

DATES: Effective September 2, 2003.

ADDRESSES: Copies of supporting documents may be obtained from Kay 
Metcalf, NOAA, NESDIS, Direct Services Division, E/SP3, Room 3320, FB-
4, 5200 Auth Road, Suitland, Maryland 20746-4304.

FOR FURTHER INFORMATION CONTACT: Kay Metcalf at (301) 457-5681, e-mail: 
[email protected]; or Glenn Tallia at 301-713-1337, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: NOAA enacted 15 CFR part 911, effective June 
5, 1998, to revise its policies and procedures for authorizing the use 
of the space-based DCS that operate on NOAA's Geostationary Operational 
Environmental Satellites (GOES) and on its Polar-orbiting Operational 
Environmental Satellites (POES). For general background on NOAA DCS, 
refer to the notice of final rulemaking published in the Federal 
Register on May 6, 1998, at 63 FR 24917.
    The background and rationale for the revisions to the DCS 
regulations were provided in the preamble to the proposed rule 
published in the Federal Register on April 8, 2003, at 68 FR 16993, and 
are not repeated here.
    NOAA received no comments on the proposed rule and, therefore, is 
adopting the proposed rule as a final rule without change.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule will not have a significant economic 
impact on a substantial number of small entities as that term is 
defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The 
factual basis for this certification was published in the proposed rule 
and is not repeated here. No comments were received regarding the 
economic impact of this rule. As a result, no final regulatory 
flexibility analysis was prepared.

Paperwork Reduction Act of 1995 (35 U.S.C. 3500 et seq.)

    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) and which have been approved by 
OMB under control number 0648-0157. Public reporting burden for these 
requirements is estimated to average 3 hours per GOES agreement and 1 
hour per Argos agreement, including the time for reviewing 
instructions, searching

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existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NESDIS 
(see ADDRESSES) and to OMB at the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503 
(Attention: NOAA Desk Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    Publication of the final regulations does not constitute a major 
Federal action significantly affecting the quality of the human 
environment. Therefore, an environmental impact statement is not 
required.

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
E.O. 12866.

Gregory W. Withee,
Assistant Administrator for Satellite and Information Services, 
National Oceanic and Atmospheric Administration, United States 
Department of Commerce.

List of Subjects in 15 CFR Part 911

    Scientific equipment, Space transportation and exploration.


0
For the reasons set out in the preamble, 15 CFR Part 911 is amended as 
follows:

0
1. The authority citation for Part 911 continues to read as follows:

    Authority: 15 U.S.C. 313, 49 U.S.C. 44720; 15 U.S.C. 1525; 7 
U.S.C. 450b; 5 U.S.C. 552.


0
2. Section 911.3 is amended by revising paragraphs (p), (q), (r), and 
(s) and adding paragraph (t) to read as follows:


Sec.  911.3  Definitions.

* * * * *
    (p) Sensitive use means the use of the NOAA DCS where the users' 
requirements dictate the use of a governmental system such as National 
security, homeland security, law enforcement and humanitarian 
operations.
    (q) Testing use means the use of the NOAA DCS by manufacturers of 
platforms for use in conjunction with the NOAA DCS, for the limited 
purpose of testing and certifying the compatibility of new platforms 
with the technical requirements of the NOAA DCS.
    (r) User means the entity and/or organization that owns or operates 
user platforms for the purpose of collecting and transmitting data 
through the NOAA DCS, or the organization requiring the collection of 
the data.
    (s) User platform means device designed in accordance with the 
specifications delineated and approved by the Approving Authority used 
for the in-situ collection and subsequent transmission of data via the 
NOAA DCS. Those devices which are used in conjunction with the GOES DCS 
are referred to as data collection platforms (DCP) and those which are 
used in conjunction with the Argos DCS are referred to as Platform 
Transmitter Terminals (PTT). For purposes of these regulations, the 
terms ``user platform,'' ``DCP'', and ``PTT'' are interchangeable.
    (t) User requirement means the requirement expressed and explained 
in the System Use Agreement.

0
3. Section 911.4 is amended by revising paragraphs (c)(3) and (c)(4) to 
read as follows:


Sec.  911.4  Use of the NOAA Data Collection Systems.

* * * * *
    (c) * * *
    (3) Except as provided in paragraph (c)(4) of this section, non-
environmental use of the NOAA DCS is only authorized for government use 
and non-profit users where there is a government interest. The NOAA DCS 
will continue to be predominantly used for environmental applications. 
Non-environmental use of the system shall be limited to sensitive use, 
and to episodic use as defined below in paragraph (c)(4) of this 
section.
    (4) Episodic use of the NOAA DCS may also be authorized in specific 
instances where there is a significant possibility for loss of life. 
Such use shall be closely monitored.
* * * * *

0
4. Section 911.5 is amended by revising paragraphs (c) and (e)(1), and 
adding new paragraphs (e)(3) and (e)(4) to read as follows:


Sec.  911.5  NOAA Data Collection Systems Use Agreements.

* * * * *
    (c) The Director shall evaluate user requests for System Use 
Agreements and renewals and conclude agreements for use of the NOAA 
DCS.
* * * * *
    (e) * * *
    (1) Agreements for the collection of environmental data, by the 
GOES DCS, shall be valid for 5 years from the date of initial in-situ 
deployment, and may be renewed for additional 5-year periods.
* * * * *
    (3) Agreements for the collection of non-environmental data, via 
the GOES DCS, by government agencies, or non-profit institutions where 
there is a government interest, shall be valid for 1 year from the date 
of initial in-situ deployment of the platforms, and may be renewed for 
additional 1-year periods.
    (4) Agreements for the episodic collection of non-environmental 
data, via the GOES DCS under Sec.  911.4(c)(4), shall be of short, 
finite duration not to exceed 1 year without exception, and usually 
shall not exceed 6 months. These agreements shall be closely monitored 
and shall not be renewed.

0
5. Section 911.6 is revised to read as follows:


Sec.  911.6  Treatment of data.

    (a) All NOAA DCS users must agree to permit NOAA and other agencies 
of the U.S. Government the full, open, timely, and appropriate use as 
determined by NOAA, of all environmental data collected from their 
platforms; this may include the international distribution of 
environmental data under the auspices of the World Meteorological 
Organization.
    (b) Raw data from the NOAA space segment is openly transmitted and 
accessible.
    (c) Accessibility of the NOAA DCS processed data from the ground 
segment is handled in accordance with the users specifications and 
system design limitations, subject to the provisions stated in 
paragraph (a) of this section.

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6. Revise appendix A to part 911 as follows:
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7. Revise appendix B to part 911 as follows:

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[FR Doc. 03-19478 Filed 7-31-03; 8:45 am]
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