[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Notices]
[Pages 16730-16731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05004]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Request for Information: Private Remote Sensing Satellite 
Disposal and Debris Mitigation

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

ACTION: Request for information.

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SUMMARY: The Commercial Remote Sensing Regulatory Affairs (CRSRA) 
division of the National Oceanic and Atmospheric Administration's 
(NOAA's) Office of Space Commerce seeks information from interested 
parties regarding the condition in every CRSRA license requiring the 
disposal of on orbit spacecraft in a manner satisfactory to the 
President. This input is necessary to inform CRSRA's approach to 
providing additional guidance or initiating a narrow rulemaking 
pertaining to its disposal condition.

DATES: Submit written comments on or before April 8, 2024.

ADDRESSES: The public may submit written comments on issues addressed 
in this Notice by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via email to [email protected].
     Mail: Submit written comments to Office of Space Commerce, 
Herbert C. Hoover Building, Room 68015, 1401 Constitution Ave. NW, 
Washington, DC 20230.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by the Department. 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. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.space.commerce.gov without change. All personal identifying 
information (e.g., name, address) submitted voluntarily by the sender 
will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. The 
Department will accept anonymous comments (enter ``N/A'' in the 
relevant fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Sarah Brothers, Commercial Remote 
Sensing Regulatory Affairs, 1401 Constitution Ave. NW, Room 31027, 
Washington, DC 20230, [email protected], (771) 216-4112.

SUPPLEMENTARY INFORMATION:

I. Background

A. Authority for the Supervision of System Disposal

    The National Oceanic and Atmospheric Administration (NOAA), Office 
of Space Commerce (OSC), Commercial Remote Sensing Regulatory Affairs 
(CRSRA) division, issues licenses for the operation of private space-
based remote sensing systems under the jurisdiction of the United 
States and monitors compliance of licensees to the terms of their 
license(s), the regulation, and law. CRSRA's authorizing statute, 51 
U.S.C. chapter 601 (the Land Remote Sensing Policy Act of 1992), 
includes a requirement to include in any remote sensing license issued 
a condition specifying that the licensee shall, upon termination of 
operations under the license, make disposition of any satellites in 
space in a manner satisfactory to the President (hereinafter the 
``subsection (b)(4) license requirement'').
    The subsection (b)(4) license requirement includes both the 
responsible disposal of on-orbit systems at end of life and the 
mitigation of orbital debris and survivability of such upon reentry. 
From 2000 to 2020, CRSRA required all applicants for remote sensing 
licenses to submit to CRSRA a disposal and orbital debris mitigation 
plan and supervised this element of system operations. CRSRA required 
these plans to assess and minimize the amount of orbital debris 
released during post-mission disposal of licensed satellites. CRSRA 
assessed the submitted plans and determined whether they provided an 
acceptable post-mission disposal method to mitigate orbital debris and 
minimize any potential adverse effects.

[[Page 16731]]

    CRSRA ceased requiring such plans after updating its regulations in 
2020. This decision was based upon the observation at the time the 
regulations were promulgated that nearly all Commerce-licensed systems 
were also licensed by the Federal Communications Commission (FCC), and 
FCC licenses already address orbital debris and disposal issues in a 
comprehensive manner. To avoid duplicative regulation, Commerce opted 
to defer to FCC license requirements regarding orbital debris and 
spacecraft disposal, and therefore removed license conditions requiring 
specific orbital debris or spacecraft disposal practices in final rule. 
Rather, licenses would simply contain the text required by the Act: 
That ``upon termination of operations under the license, [the licensee 
shall] make disposition of any satellites in space in a manner 
satisfactory to the President.'' Commerce clarified that until further 
updates, the disposition manner satisfactory to the President was to 
follow the relevant FCC license.
    At the time, however, Commerce noted that Commerce may issue 
guidance or undertake a separate, narrow rulemaking to revise the 
subsection (b)(4) license requirement and clarify the practices 
required by that condition in response to future needs.
    Since the promulgation of the 2020 regulations, CRSRA has observed 
an increasing number of multinational remote sensing systems, with some 
licensees electing to receive radiofrequency licenses from other 
nations while seeking a NOAA remote sensing license in the United 
States. CRSRA is also sensitive to emerging communications methods not 
currently licensed by FCC, meaning a satellite using such methods would 
not be subject to FCC disposal and orbital debris mitigation 
requirements. While systems with one or both of these characteristics 
may have disposal and orbital debris mitigation plans approved by 
foreign radiofrequency authorities, CRSRA seeks to provide guidance on 
how licensees may satisfy the disposal condition in their CRSRA 
license.

B. Purpose and Objectives

    CRSRA is seeking comments and suggestions from the remote sensing 
industry to identify whether CRSRA should contemplate issuing:
    (1) A narrow rulemaking pertaining to the subsection (b)(4) license 
requirement that exists in all of its licenses;
    (2) A narrow rulemaking pertaining to the subsection (b)(4) 
requirement for only those satellites without FCC licenses; or
    (3) Narrow guidance not rising to the level of a rulemaking for 
licensees without FCC licenses, to clarify acceptable means of 
compliance with their existing license condition.
    CRSRA is also seeking comments about how any narrow rulemakings or 
guidance should address existing licenses and what form the rulemaking 
or guidance should take.

II. Request for Comment

    CRSRA welcomes industry comments, questions, and suggestions on 
matters related to the above discussion. CRSRA would especially 
appreciate any responses in writing to the following topics:
    1. Articulate the benefits and drawbacks of CRSRA clarifying its 
supervision of remote sensing system disposal and orbital debris 
mitigation under its existing authority. Articulate how CRSRA's 
decision to undertake a narrow rulemaking pertaining to all remote 
sensing systems, a narrow rulemaking only pertaining to licensees not 
licensed by the FCC, or limited guidance to licensees not licensed by 
the FCC would impact these benefits and drawbacks.
    2. Should CRSRA choose to exercise its existing authority for 
disposal and orbital debris mitigation, recommend which industry 
standards and best practices CRSRA should consider when developing the 
definitions, revised condition language, and disposal and orbital 
debris mitigation plan assessment.
    3. The current subsection (b)(4) license requirement states: ``Upon 
termination of operations under the license, make disposition of any 
satellites in space in a manner satisfactory to the President.'' CRSRA 
defines termination of operations as (1) to irreversibly render the 
remote sensing system incapable of being operated; (2) to passivate the 
system such that it cannot be operated; or (3) to become incapable of 
operating the system due to its natural end-of-life or anomaly, and to 
cease attempts to communicate as a result thereof. Comment on whether 
this definition is complete or omits other means by which operations 
could terminate.
    4. Prior regulations required licensees to ``obtain approval from 
the Assistant Administrator of all plans and procedures for the 
disposition of satellites as part of the application process'' in order 
to ``make disposition of a satellite in space.'' Former 15 CFR 
960.11(b)(12) (2006). Under this requirement, CRSRA approved disposal 
plans including atmospheric re-entry, maneuvering to a storage orbit, 
or direct retrieval. Comment if this list remains comprehensive or if 
additional means or methods of disposal should be considered.
    5. Recommend the type and content of documentation regarding 
disposal and orbital debris mitigation plans CRSRA should require to be 
submitted should CRSRA choose to exercise its existing authority for 
disposal and orbital debris mitigation.
    6. Describe if there are disposal and orbital debris mitigation 
considerations that are unique to remote sensing systems (meaning they 
may not exist for other types of space systems) or that are of higher 
importance or priority for remote sensing systems than other types of 
space systems.
    7. Recommend methods by which CRSRA could verify compliance with 
the license requirement to make disposition of satellites.
    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.

Richard DalBello,
Director.
[FR Doc. 2024-05004 Filed 3-7-24; 8:45 am]
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