[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Notices]
[Page 44059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15770]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Findings Regarding Commercial Availability of Non-U.S. 
Satellite Imagery With Respect to Israel

ACTION: Notice.

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SUMMARY: Section 1064, Public Law 104-201 (the 1997 Defense 
Authorization Act)--referred to as the Kyl-Bingaman Amendment--requires 
that ``[a] department or agency of the United States may issue a 
license for the collection or dissemination by a non-Federal entity of 
satellite imagery with respect to Israel only if such imagery is no 
more detailed or precise than satellite imagery of Israel that is 
available from commercial sources.'' Pursuant to this law, the 
Department of Commerce makes findings as to the level of detail or 
precision of satellite imagery of Israel available from commercial 
sources. The Department has found that satellite imagery of Israel is 
readily and consistently available from non-U.S. commercial sources at 
a resolution of 0.4 meters Ground Sample Distance (m GSD). The 
Department has therefore changed the existing resolution limit of 2.0 m 
GSD to 0.4 m GSD.

SUPPLEMENTARY INFORMATION: All licenses issued by the Commercial Remote 
Sensing Regulatory Affairs Office (CRSRA) include a standard condition 
implementing the requirements of the Kyl-Bingaman Amendment. This 
Notice formally specifies the resolution available from commercial 
sources of the State of Israel for that purpose, such that this license 
condition now prohibits the dissemination of satellite imagery over 
Israel at a resolution finer than 0.4 m GSD; this condition does not 
distinguish between new and archived data. Note that other conditions 
in CRSRA licenses, as well as other U.S. law and regulations, may still 
be applicable.
    To determine what imagery is ``available from commercial sources,'' 
the Department looks to what ``level of imagery resolution [is] readily 
and consistently available in sufficient quantities from non-U.S. 
sources.'' Licensing of Private Land Remote-Sensing Space Systems, 71 
FR 24474, 24479 (Apr. 25, 2006). A recent review found that there are 
an increasing number of non-U.S. space-based remote sensing systems 
that produce sub-2 m images. Many of these systems make such imagery 
over Israel available on commercial terms, and images can be purchased 
directly from non-U.S. operators, non-U.S. resellers, and resellers 
within the U.S. An analysis of imagery samples, which were provided as 
representative of images available over Israel, found that distributors 
of sub-2 m images of Israel are accurately advertising the resolutions 
of their products. The finest resolution product analyzed had a 
resolution of 0.4 m GSD. The Department concluded that images of Israel 
at 0.4 m GSD are readily and consistently available from multiple 
commercial sources.
    There are currently very few non-U.S. commercial sources that are 
or will soon be capturing imagery at lower than the revised 0.4 m 
resolution limit; this imagery was not found to be readily or 
consistently available.
    The Department of Commerce will routinely review this finding as 
additional information is made available and invites the public to 
voluntarily provide evidence of availability of commercial imagery over 
Israel at a finer resolution than 0.4 m GSD. Any future finding by the 
Department will be documented in a subsequent notice in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Tahara Dawkins, Commercial Remote 
Sensing Regulatory Affairs Office, NOAA Satellite and Information 
Services, 1335 East-West Highway, Suite G-101, Silver Spring, Maryland 
20910; telephone (301) 713-3385, email [email protected].

Tahara Dawkins,
Director, Commercial Remote Sensing Regulatory Affairs.
[FR Doc. 2020-15770 Filed 7-17-20; 11:15 am]
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