[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40820-40823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14516]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV188


Request for Information on Industry Needs for Space Situational 
Awareness Data and Value-Added Services, and Related Liability 
Considerations

AGENCY: Office of Space Commerce, Department of Commerce, National

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Oceanic and Atmospheric Administration.

ACTION: Notice; request for information (RFI).

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SUMMARY: The U.S. Department of Commerce (Department), via the Office 
of Space Commerce (OSC), requests input from all interested parties on 
spacecraft operator needs for U.S. government space situational 
awareness (SSA) data and basic spaceflight safety services; private 
sector concerns regarding usage rights for SSA data and products; and a 
framework for legal liability associated with the provision and use of 
SSA data and basic spaceflight safety services. This input will inform 
OSC's development of capabilities to share SSA data and provide basic 
spaceflight safety services to all space operators.

DATES: Responses are due on or before August 8, 2022.

ADDRESSES: Interested individuals and organizations should submit 
written comments on issues addressed in this Notice by either of the 
following methods:
     Email: [email protected]. Include the title of this 
request in the subject line of the message.
    Instructions: Response to this RFI is voluntary. Attachments will 
be accepted in plain text, Microsoft Word, or Adobe PDF formats only. 
Respondents need not reply to all questions listed. Each individual or 
institution is requested to submit only one response. All comments 
received are part of the public record and may be posted, without 
change, on a Federal website. All identifying information (e.g., name, 
address) submitted voluntarily by the sender will be publicly 
accessible. OSC, therefore, requests that no business proprietary 
information, copyrighted information, or personally identifiable 
information be submitted in response to this RFI. Please note that the 
United States Government will not pay for response preparation, or for 
the use of any information contained in the response.

FOR FURTHER INFORMATION CONTACT: Glenn E. Tallia, Chief, NOAA Office of 
General Counsel, Weather, Satellites, and Research Section, (301) 938-
6474.

SUPPLEMENTARY INFORMATION:

I. Background

    As described in Space Policy Directive-3 (83 FR 28969; June 21, 
2018) and the 2021 United States Space Priorities Framework (https://www.whitehouse.gov/wp-content/uploads/2021/12/United-States-Space-Priorities-Framework-_-December-1-2021.pdf), OSC is developing the 
capability to share space situational awareness (SSA) data and provide 
basic spaceflight safety services to all space operators, including 
conjunction analysis and warning services. OSC may leverage data, 
products, and services provided from a variety of government, 
commercial, academic, and international sources, taking over and 
potentially expanding upon the service currently provided by the 
Department of Defense.
    OSC seeks public input broadly from the space community, including 
spacecraft operators, SSA data providers (current and prospective, 
ground and space-based), SSA analytic and value-added service 
providers, academia, nonprofit entities, space insurance providers, and 
the legal community.
    OSC greatly appreciated responses to prior requests for 
information, including its request for information about ``Commercial 
Capabilities in Space Situational Awareness Data and Space Traffic 
Management Services'' in April 2019 and ``Space Object Commercial 
Data'' in February 2022. In addition, OSC has conducted numerous 
Industry Day meetings with companies from November 2020 to January 2021 
and provided an opportunity to respond to desired learning objectives 
from a Commercial Sprint Advanced Concept Training. In addition, OSC is 
currently engaged in a listening tour with satellite operators and 
commercial space situational awareness data providers to understand 
basic services they expect to see when OSC takes over the service 
currently provided by the Department of Defense. The responses help OSC 
better understand key aspects of current and future non-governmental 
space object commercial data, and advanced SSA services that exceed the 
basic spaceflight safety services described above. This request builds 
on that input and, in addition, requests comments on usage rights and 
liability concerns associated with OSC's provision of SSA data and 
basic spaceflight safety services.

II. Questions To Inform Development of the SSA Products and Services

    OSC seeks responses to four categories of questions, and invites 
any member of the public to provide input:
    A. Data, products, and services needed by spacecraft operators;
    B. Usage rights in data, products, and services needed and provided 
by spacecraft operators and value-added providers;
    C. Framework for legal liability of spacecraft operators and the 
private sector; and
    D. General feedback.
    Respondents are encouraged to explain how the capabilities to be 
provided by OSC's SSA data and basic spaceflight safety services can be 
structured for a policy and regulatory environment that enables a 
competitive and burgeoning U.S. commercial space sector. Responses may 
also explain how the U.S. Government can work with industry and 
international partners in the development and implementation of open, 
transparent, and credible international standards, policies, and 
practices that establish the foundation for global space traffic 
coordination.

A. Data, Products, and Services Needed by Spacecraft Operators

    Prior requests for information have informed OSC on the specific 
capabilities commercial entities could currently provide and could 
provide in the future through an open architecture data repository that 
provides SSA data and basic spaceflight safety services. OSC is seeking 
to supplement this information by learning which SSA data and basic 
spaceflight safety services should be provided by OSC as a government 
service to spacecraft operators based on the most current needs of 
spacecraft operators.
    Currently OSC is planning to develop a public catalog of tracked 
space objects and provide basic spaceflight safety services at no cost 
to satellite owners and operators, commercial service providers, and 
the public, including international participants. There are multiple 
basic services currently under consideration. First, OSC would provide 
on-orbit orbital safety assessments that include ephemeris and 
tracking-based conjunction assessment screenings, conjunction data 
message production with a calculated likelihood of collision 
probability, orbital determination quality assessment, timing of any 
future expected tracking, and pre-maneuver ephemeris screening. Second, 
OSC would provide end-of-life reentry assessments that estimate both 
the actual decay time and the ellipse of possible earth impact as 
satellites approach decay. Third, OSC would provide pre-launch 
coordination and launch coordination such as launch collision avoidance 
assessments, and disposal and reentry of launch detritus assessments. 
Finally, OSC would provide evaluations of satellite owner and operator 
data before such data's use in conjunction assessments.
    OSC invites public comment on the scope of those SSA data and basic 
spaceflight safety services and on whether additional services from OSC

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would be of value to spacecraft operators.

B. Usage Rights in Acquired Data, Products, and Services

    OSC sought public input on its plans to procure SSA data on 
February 16, 2022 (https://sam.gov/opp/7611eabcd5a74979a267199ea8689de2/view), and will be seeking detailed 
public input later this year on the potential procurement of SSA 
products and services. This input will help OSC understand what data 
and products the private sector can provide. OSC may also obtain SSA 
data from spacecraft operators. OSC now seeks public input regarding 
the usage rights for the acquired data and products. OSC is inviting 
comments addressing what usage and sharing rights for acquired SSA 
data, products, and services will enable spacecraft operators and 
value-added service providers to best rely on OSC's data and basic 
spaceflight safety services. OSC also invites comments regarding how 
usage rights will impact those providing commercial SSA data or 
products to OSC. Furthermore, OSC invites comment on the following 
questions:
    (1) For value-added service providers, what type of usage rights in 
SSA data and products would enable use of such data and products to 
build advanced SSA services beyond basic spaceflight safety services? 
For example, would a condition prohibiting commercial use be 
problematic? Name specific acceptable data licenses if known (e.g., 
Creative Commons Zero Universal Public Domain Dedication (CC0) (https://creativecommons.org/publicdomain/zero/1.0/legalcode), Creative Commons 
Attribution International (CC BY 4.0) (https://creativecommons.org/licenses/by/4.0/legalcode), Creative Commons Attribution-NonCommercial 
International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/legalcode)). For spacecraft operators, what type of usage rights 
in SSA data and products, if any, are of value to rely on OSC's SSA 
data and basic spaceflight safety services?
    (2) For value-added service providers, would access to the 
algorithms used to process SSA data and create products and services be 
helpful? If so, why, and what type of usage rights would enable use? 
Name specific acceptable software licenses, if known (e.g., CC0, Apache 
2.0 (https://www.apache.org/licenses/LICENSE-2.0), MIT, GNU Lesser 
General Public License (LGPL) (https://www.gnu.org/licenses/lgpl-3.0.en.html), GNU General Public License (GPL) (https://www.gnu.org/licenses/gpl-3.0.en.html), etc.).
    (3) For commercial data and product providers from whom OSC 
acquires SSA data and products, how would various usage rights in those 
data and products impact those commercial data and product providers? 
For example, are SSA data providers willing to provide data under an 
open license, but only at a significantly higher cost?
    (4) For spacecraft operators from whom OSC acquires data, how would 
various usage rights in those data impact spacecraft operators? For 
example, are spacecraft operators willing to share some data only on 
the condition that it is not shared with the public, or only shared 
with the public on the condition that it is used for noncommercial 
purposes?
    (5) Are non-Federal entities developing SSA products and services 
willing to share their algorithms with OSC, either freely or under a 
procurement contract? Would they be willing to share their algorithms 
with the public, either freely or if OSC procures public sharing and 
use rights? If so, under what usage rights (name specific acceptable 
software licenses, if applicable)?

C. Framework for Legal Liability of Spacecraft Operators and the 
Private Sector

    OSC is evaluating the legal liability implications associated with 
the provision of governmental SSA data and basic spaceflight safety 
services. In this context, OSC is seeking information to consider 
whether the provision of governmental SSA data and basic spaceflight 
safety services that incorporate industry data or products raises 
liability concerns for those providing the relied on data or products. 
OSC is also seeking public input on whether there are liability 
concerns with respect to spacecraft operators or value-added providers 
that rely on governmental SSA data and basic spaceflight safety 
services.
    By ``liability framework,'' OSC means the set of legal rules that 
govern--or could govern--liability for a collision. In some of the 
questions below, OSC asks what the current liability framework is. OSC 
wants to ensure that it has accurate, comprehensive information about 
the current state of the world faced by parties involved in providing 
or using SSA or spaceflight safety services. In other questions, OSC 
asks what the liability framework could or should be in the future to 
address any potential liability issue. Responders are encouraged to 
think about liability broadly and consider mechanisms such as 
disclaimers of warranty, indemnity, immunity, cross-waivers of 
liability, and others. OSC invites general responses regarding legal 
liability. Furthermore, OSC has identified the following questions:
    (1) In the event of an on-orbit collision between two U.S. 
spacecraft operators, what liability framework currently applies and 
what role, if any, would governmental SSA data or basic spaceflight 
safety services play in that framework? What liability framework should 
apply? What incentives or regulatory approaches to liability will 
increase competitiveness of U.S. industry in the global market and 
increase spaceflight safety?
    (2) In the event of an on-orbit collision between a U.S. spacecraft 
operator and a foreign spacecraft operator, what liability framework 
currently applies and what role, if any, would governmental SSA data or 
basic spaceflight safety services play in that framework? What 
liability framework should apply? What incentives or regulatory 
approaches to liability will increase competitiveness of U.S. industry 
in the global market and increase spaceflight safety?
    (3) In the event of an on-orbit collision, what insurance regimes 
are available to U.S. spacecraft operators? What liability mechanisms 
(e.g., cross-waiver of liability provisions) can provide stability and 
risk assurance to both insurers and U.S. spacecraft operators? What 
role can or should governmental SSA data or basic spaceflight safety 
services play in insurance regimes?
    (4) Are there any liability concerns that would prevent spacecraft 
operators or commercial SSA data, product, or service providers from 
providing data, products, or services to OSC? Are there liability 
concerns caused by OSC creating derived or value-added data, products, 
or services developed using the provider's data, products, or services? 
If so, what could be done to address these concerns? With respect to 
SSA data, products and services released to the public, would the 
disclaimers included in standard open data licenses (such as CC0 or CC 
BY 4.0) adequately address those liability concerns?
    (5) Are there any liability concerns that would prevent spacecraft 
operators or commercial SSA data, product, or service providers from 
providing SSA data, products, or services to the public? What 
incentives or regulatory approaches to liability will be in the best 
interest of U.S. spacecraft operators and value-added providers in 
terms of

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international competitiveness and increased spaceflight safety?
    (6) Currently, OSC does not have specific space traffic control 
authority over space objects. What, if any, future space traffic 
control regimes would be desirable? Should provision of OSC SSA data or 
basic spaceflight safety services be accompanied with binding 
directions or procedures to spacecraft operators? What impact, if any, 
would such directions or procedures have on liability for U.S. 
spacecraft operators or value-added service providers?

D. General Feedback

    OSC welcomes feedback about any other related topics. For example, 
are there any matters not discussed above that OSC should or must 
consider before it provides SSA data and basic spaceflight safety 
services?

III. How To Submit Your Response

    To facilitate review of your responses, please reference the 
subject of the RFI in your response. You may respond to some or all of 
the topic areas covered in the RFI, and you can suggest other factors 
or relevant questions. You may also include links to online material or 
interactive presentations. If including data sets, please make the data 
available in a downloadable, machine-readable format with accompanying 
metadata.
    Please note that this is a request for information (RFI) only. In 
accordance with the implementing regulations of the Paperwork Reduction 
Act of 1995 (PRA), specifically 5 CFR 1320.3(h)(4), this general 
solicitation is exempt from the PRA. Facts or opinions submitted in 
response to general solicitations of comments from the public, 
published in the Federal Register or other publications, regardless of 
the form or format thereof, provided that no person is required to 
supply specific information pertaining to the commenter, other than 
that necessary for self-identification, as a condition of the agency's 
full consideration, are not generally considered information 
collections and therefore not subject to the PRA.
    This RFI is issued solely for information and planning purposes; it 
does not constitute a request for proposals, applications, proposal 
abstracts, or quotations. This RFI does not commit the U.S. Government 
to contract for any supplies or services or make a grant award. 
Further, we are not seeking proposals through this RFI and will not 
accept unsolicited proposals. Choosing not to respond to this RFI does 
not preclude participation in any future procurement, if conducted.

    Dated: July 1, 2022.
Glenn E. Tallia,
Chief, Weather, Satellite and Research Section, NOAA Office of General 
Counsel.
[FR Doc. 2022-14516 Filed 7-7-22; 8:45 am]
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