[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28078-28080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10774]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG169]


Request for Information and Public Virtual Dialogues on 
Commercial Earth Observations and Geospatial Data and Services 
Practices

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice of meeting; request for information.

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SUMMARY: The United States Group on Earth Observations (USGEO) is 
preparing a document containing best practices for Federal government 
procurement of commercial Earth observation and geospatial data and 
services, per the 2019 National Plan for Civil Earth Observations. 
Information from private sector providers and users; academia, and the 
public is critical to that effort, and therefore USGEO is seeking 
public input. This notice invites the public to submit written comments 
on the topic generally and in response to specific questions outlined 
below, and to attend one of four virtual forums.

DATES: Comments: The agency must receive comments on or before June 30, 
2021.
    Virtual Public Meetings:
    1. June 2, 2021, 11 a.m. to 12:30 p.m., Eastern Daylight Time.
    2. June 9, 2021, 1 p.m. to 2:30 p.m., Eastern Daylight Time.
    3. June 16, 2021, 11 a.m. to 12:30 p.m., Eastern Daylight Time.
    4. June 23, 2021, 1 p.m. to 2:30 p.m., Eastern Daylight Time.
    Registration is limited to 250 individuals per session. All 
sessions will present the same content so you only need to attend one 
session. Information on how to join the virtual meetings will be 
available upon registration at the following links. Please register for 
the session you plan to attend.
    June 2, 2021, 11 a.m.-12:30 p.m. EDT: https://usgeo2jun.eventbrite.com.
    June 9, 2021, 1-2:30 p.m. EDT: https://usgeo9jun.eventbrite.com.
    June 16, 2021, 11 a.m.-12:30 p.m. EDT: https://usgeo16jun.eventbrite.com.
    June 23, 2021, 1-2:30 p.m. EDT: https://usgeo23jun.eventbrite.com.
    For questions on registration, please contact [email protected].

ADDRESSES: You may submit comments on this request for information 
(RFI), identified by NOAA-NESDIS-2021-0051, by any of the following 
methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NESDIS-2021-0051 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by USGEO. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. USGEO will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    This is a request for information only. This RFI is not a request 
for proposals (RFP) or a promise to issue an RFP or a notice inviting 
applications. This RFI does not commit the Department or Federal 
Agencies to contract for any supply or service whatsoever. Further, we 
are not seeking proposals and will not accept unsolicited proposals. 
The Department or Federal Agencies will not pay for any information or 
administrative costs that you may incur in responding to this RFI. The 
documents and information submitted in response to this RFI become the 
property of the U.S. Government and will not be returned.

FOR FURTHER INFORMATION CONTACT: Wade Price, USGEO Executive 
Secretariat, telephone (202) 419-5409; Email: [email protected].

SUPPLEMENTARY INFORMATION: USGEO is chartered as a subcommittee under 
the National Science and Technology Council (NSTC)--Subcommittee on 
Environment. The USGEO subcommittee's purpose is to plan and coordinate 
Federal Earth observations, research, and activities; foster improved 
Earth system data management and interoperability; identify high-
priority user needs for Earth observation data; and engage 
international stakeholders by formulating the U.S. positions for, and 
coordinating U.S. participation in, the intergovernmental Group on 
Earth Observations (GEO). Its membership consists of 13 Federal 
Agencies and components of the Executive Office of the President.

A. The National Plan for Civil Earth Observation

    The USGEO developed the 2019 National Plan for Civil Earth 
Observations that was released by the Office of Science and Technology 
Policy in 2019. Read the full plan at https://usgeo.gov/uploads/Natl-Plan-for-Civil-Earth-Obs.pdf. The National Plan includes the following 
two actions:
     Work with commercial data providers and analytics 
companies to develop a set of best practices for commercial data buys.
     Work with commercial providers to understand issues, 
agency practices, and policies that foster develo p.m.ent of small and 
medium businesses and start-ups.

[[Page 28079]]

B. United States Earth Observation Enterprise

    The 2019 National Plan for Civil Earth Observations notes the U.S. 
Earth Observation Enterprise is comprised of Federal agencies; State, 
local, tribal, and territorial governments; world-leading colleges and 
universities; private industries; non-profit organizations; and Federal 
and National Laboratories. Together, the Earth Observations Enterprise, 
as it will hereafter be referred, is collectively involved in the 
acquisition, analysis, dissemination and use of Earth observations; the 
operation of enabling infrastructure; sustaining and advancing the 
creation of data and information products; maintaining routine uses; 
and developing innovative applications for societal, environmental, and 
economic progress.

C. Best Practices Guide

    New observational technologies and analytics from a broad array of 
entities calls for a new way of doing business. USGEO, representing all 
the Departments and Federal Agencies, is seeking input from all 
components of the Earth Observation Enterprise on the development of 
best practices to understand the opportunities for and barriers to the 
Federal government's acquisition of commercial Earth observation and 
geospatial data and services. USGEO also seeks to understand the 
opportunities and impacts of the Departments and Federal Agencies 
moving to commercial Earth observation and/or geospatial data, 
analytics and services. Through the RFI and public dialogues, USGEO 
will use the inputs to develop a public document intended to inform 
Federal agencies about best practices they could consider when 
purchasing commercial Earth observations and/or geospatial data, 
analytics and/or services.
    A background document that has more information about providing 
inputs to this best practices guide is provided at https://usgeo.gov/public_engagement.html. In additional to general comments, USGEO is 
seeking comments on the following areas:
    1. Using a consistent set of definitions in solicitations and 
contracts will aide in acquisition of Earth observation and geospatial 
information. Please comment on definitions for Commercial Environmental 
Data; Commercial Environmental Data Buys; Commercial Earth observation 
services; Commercial Geospatial Data and Information Acquisition; and 
derived products. (page 4 of the background document)
    2. Data sharing (redistribution) rights are a critical factor in 
these procurements. The government has different Licensing frameworks, 
please provide comments as to the feasibility of a single framework 
across all purchases. Please provide information on barriers associated 
with the various licensing frameworks. Specifically:
    a. When considering data sharing rights, how should the Federal 
government consider the best value and return on investment for the 
taxpayer?
    b. What are useful categories of data sharing rights, both within 
the Federal government and externally? Categories could be defined by 
user type (e.g., sharing with other Federal Government agencies, 
foreign agency partners, academia, the general public), by use cases 
(e.g., commercial, non-commercial, scientific/research, operational), 
others?
    c. What are creative options for expanding data sharing rights 
without significantly increasing costs to the Federal government? For 
example, permitting sharing of data at a coarser spatial resolution, at 
full resolution with a time delay using sunsetting dates after which 
data reverts to the public domain, by permitting only non-commercial 
reuse, or permitting public release data used in scientific studies and 
reproduction of scientific information?
    d. How can contracts address the Federal government's use of 
products derived from commercial data, including for products for 
public release?
    e. If a contract allows some or all data to be shared outside the 
Federal government, are there challenges with sharing such data under a 
standard open license (such as those described at https://resources.data.gov/open-licenses/), to ensure those third parties 
understand their use rights?
    f. How should the Federal government solicit information about the 
cost of different data sharing rights in the context of a specific 
procurement?
    3. If you have responded to Federal government commercial Earth 
observation and/or geospatial data requests for proposal, please 
comment on challenges faced in responding to the requests.
    4. Please identify acquisition processes that would facilitate your 
ability to respond to Earth observation and/or geospatial information 
business opportunities.
    5. Are you aware of the various Departmental and Agency roles 
related to Federal Earth imagery acquisition? What types of information 
would help clarify those roles?
    6. Do you prefer to work individual procurements with multiple 
agencies and programs of would you prefer to interact through larger 
coordinated multiple agency contracts?
    7. The Departments and Agencies increase their reliance on 
commercial Earth observations and geospatial data, services and 
analytics there may be technical, scientific, legal, and other impacts.
    a. What are the ramifications for academic researchers?
    b. What are the ramifications for the private sector, both provider 
and downstream?
    c. What are the ramifications for the public?
    d. What are the ramifications for the international community?
    8. Legal Issues.
    a. Many standard commercial end user license agreements include 
terms that the Federal government is unable to accept, including 
indemnification, choice of law, dispute resolution, etc., many of which 
are replaced by applicable parts of the Federal Acquisition Regulations 
(FAR). Does this create any legal issues for data providers?
    b. What is the industry perspective on certification and validation 
of commercial data?
    c. What are the legal issues companies are facing when providing 
commercial data, analytics, information and services to meet Federal 
agencies operational missions? For example, regarding liability?
    9. What are the main, non-technical barriers to increasing the 
Federal government's procurement of commercial data? This could be 
barriers due to acquisition practices, licensing agreements, Federal 
government's need for technical information to understand how data are 
collected and processed, and/or needs/constraints of vendors.
    a. Of these barriers, which would be feasible to resolve in the 
near- or mid-term?
    b. How do these barriers or the Federal government's requirements 
compare to non-governmental customers? If significantly different, does 
that make diversifying your customer base more difficult, and/or 
increase the prices offered to the Federal government?
    10. What can the Federal government do to better foster the 
development of businesses and start-ups that provide commercial data or 
derived products?
    11. What trends do you see in commercial Earth observations and/or 
geospatial information?

D. Public Comment

    Every effort will be made to hear from as many registered 
individuals during the public dialogues. Individuals or

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groups making remarks during the public comment period will be limited 
to 3 minutes for each intervention. Individuals or groups may attend 
more than one dialogue session. These sessions will be recorded for use 
in writing the document. Submission of written comments are also 
encouraged.

    Dated: May 18, 2021.
Ajay N. Mehta,
Director, Office of Satellite Ground Services, NOAA Satellite and 
Information Service, Co-chair, U.S. Group on Earth Observations.
[FR Doc. 2021-10774 Filed 5-24-21; 8:45 am]
BILLING CODE 3510-40-P