CIVIL SATELLITE REMOTE-SENSING PROGRAMS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89M00699R001100660062-8
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 28
• Document Creation Date: December 23, 2016
• Document Release Date: February 22, 2012
• Sequence Number: 62
• Publication Date: January 5, 1987
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
DATE ///
TRANSMITTAL SLIP
TO:
ROOM NO. BUILDI G
REMARKS:
c l!/L"/ v~. AGE
2-9
FROM:
7L-
BUILDING
STAT
STAT
FORM Nn RFPI Arcc onDIA'2c 0
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699R001100660062-8
UNULHJJlrlED "- 6' f7_`_Z~
CW 'M ((I
SENIOR INTERAGENCY GROUP (INTELLIGENCE)
INTERAGENCY GROUP/COUNTERMEASURES (POLICY)
WASHINGTON, D.C. 20505
DCI/I CS-87-0751
5 January 1987
MEMORANDUM FOR: Chairman, National Operations Security
Advisory Committee (NOAC)
Executive Secretary
STAT
SUBJECT: Civil Satellite Remote-Sensing Programs
1. The Deputy Under Secretary of Defense (Policy) has forwarded the
attached memorandum to the Secretariat of the IG/CM(P) requesting that NOAC
undertake an interagency review of the licensing of civil remote-sensing
systems and recommend to the Secretary of Defense (SecDef) standards for the
guidance of the Secretary of Commerce in meeting the necessary national
security concerns in the licensing process. Media access from commercial
satellites has been a concern of US policymakers for several years. The
Department of Defense (DoD) desires to develop and publish clear, defendable
standards for the guidance of security oversight of US commercial satellites.
2. Correspondence from the CIA on a related aspect of this problem has
come to the attention of CCISCMS. We encourage NOAC to seek CIA's
participation in the development of solutions and recommendations.
3. Request you take the attachment for NOAC consideration. When NOAC is
ready to reply to the SecDef, recommend the IG/CM(P) Chairman review the
response.
Attachment:
a/s
STAT
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699R001100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
UNCLASSIFIED
CCISCMS/ICS
Distribution of DCI/ICS-87-0751 (w/att as shown)
Orig. - John F. Donnelly, ODUSD(P), Chairman, NOAC
1 - ICS Registry
1 - IG/CM(P) subject
1 - IG/CM(P) chrono (wo/att)
UNCLASSIFIED
STAT
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
Iq
Next 3 Page(s) In Document Denied
STAT
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
PUBLIC LAW 98-365-JULY 17, 1984 98 STAT. 451
Public Law 98-365
98th Congress
To establish a system to promote the use of land remote.sensing satellite data, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Corrgassembled, That this Act may
be cited as the "Land Remote-Sensing Commercialization Act of
1984".
TITLE OF FINDINGS, PURPOSES, AND
SEC. 101. The Congress finds and declares that-
(1) the continuous civilian collection and utilization of land
remote-sensing data from space are of major benefit in manag-
ing the Earths natural resources and in planning and conduct-
ing many other activities of economic importance;
(2) the Federal Government's experimental Landsat system
has established the United States as the world leader in land
remote-sensing technology;
(3) the national interest of the United States lies in maintain-
ing international :leadership 4n:. civil. remote. sensing and in
broadly promoting, the ,beneficial . use .of remote-sensing data;
(4) land remote se by`the Government or private parties
of, the United States affects international commitments and
policies and ;national security concerns of the United States;
(5) the broadest and most beneficial use of land remote-
sensing data will result from maintaining a policy of nondis-
criminatory access to data;
(6) competitive, market-driven private sector involvement in
land remote sensing is in the national interest of the United
States;
(7) use of land remote-sensing data has been inhibited by slow
market development and by the lack of assurance of data
continuity;
(8) the private sector, and in particular the "value-added"
industry, is best suited to develop land remote-sensing data
markets;
(9) there is doubt that the private sector alone can currently
develop a total land remote-sensing system because of the high
risk and large capital expenditure involved;
(10) cooperation between the Federal Government and private
industry can help assure both data continuity and United States
leadership;
(11). the time is now appropriate to initiate such cooperation
with phased transition to a fully commercial system;
(12) such cooperation should be structured to involve the
minimum practicable amount of support and regulation by the
July 17, 1984
[H.R. 51551
Land Remote -
Sensing
Commercializa-
tion Act of 1984.
Communications
and tele-
communications.
15 USC 4201
note.
Congress
15 i201.
Defense and
national
security.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
Federal Government and the maximum practicable amount of
competition by the private sector, while assuring continuous
availability to the Federal Government of land remote-sensing
data;
(13) certain Government oversight must be maintained to
assure that private sector activities are in the national interest
and that the international commitments and policies of the
United States are honored; and
(14) there is no compelling reason to commercialize meteoro-
logical satellites at this time.
C
98 STAT. 452 PUBLIC LAW 98-365-JULY 17, 1984
Defense and
national
security.
SEC. 102. The purposes of this Act are to-
(1) guide the Federal Government in achieving proper
involvement of the private sector by providing a framework for
phased commercialization of land remote sensing and by assur-
ing continuous data availability to the Federal Government;
(2) maintain the United States worldwide leadership in civil
remote sensing, preserve its national security, and fulfill its
international obligations;
(3) minimize the duration and amount of further Federal
investment necessary to assure data continuity while achieving
commercialization of civil land remote sensing-,
(4) provide for a comprehensive civilian program of research,
development, and demonstration to enhance both the United
States capabilities for remote sensing from space and the appli-
cation and utilization of such capabilities; and
(5) prohibit commercialization of meteorological satellites at
this time.
15 USC 4203. SEC. 103. (a) It shall be the policy of the United States to preserve
its right to acquire and disseminate unenhanced remote-sensing
data.
(b) It shall be the policy of the United States that civilian unen-
hanced remote-sensing data be made available to all potential users
on a nondiscriminatory basis and in a manner consistent with
applicable antitrust laws.
Defense and (c) It shall be the policy of the United States both to commercialize
national those remote-sensing space systems that properly lend themselves to
security. private sector operation and to avoid competition by the Govern-
ment with such commercial operations, while continuing to preserve
our national security, to honor our international obligations, and to
retain in the Government those remote-sensing functions that are
essentially of a public service nature.
15 USC 4204. SEC. 104. For purposes of this Act:
(1) The term "Landsat system" means Landsats 1, 2, 3, 4, and
5, and any related ground equipment, systems, and facilities,
and any successor civil land remote-sensing space systems oper-
ated by the United States Government prior to the commence-
ment of the six-year period described in title III.
(2) The term "Secretary" means the Secretary of Commerce.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
PUBLIC LAW 98-365-J LY 17, 1984 98 STAT. 453
(3XA) The term "nondiscriminatory basis" means without
preference, bias, or any other special arrangement (except on
the basis of national security concerns pursuant to section 607)
regarding delivery; format, financing, or technical consider-
ations which would favor one buyer or class of buyers over
another.
(B) The sale of data is made- on a nondiscriminatory basis only
if (i) any offer to sell orideliver data is published in advance in
such manner as will ensure that the offer is equally available to
all prospective buyers; (ii) the system operator has not estab-
lished or changed any price, policy, procedure, or other term or
condition in a manner which gives one buyer or class of buyer
de facto-favored access to data; (iii) the system operator does not
make unenhanced data available to any purchaser on an exclu-
sive basis; and (iv) in a case where a system operator offers
volume discounts, such discounts are no greater than the
demonstrable reductions in the cost of volume sales. The sale of
data on a nondiscriminatory basis does not preclude the system
operator from offering discounts other than volume discounts to
the extent that such discounts are consistent with the provi-
sions of this paragraph.
(C) The sale of data on a nondiscriminatory basis does not
require (i) that a system operator disclose names of buyers or
their purchases; (ii) that a system operator maintain all, or any
particular subset of, data in a working inventory; or (iii) that a
system operator expend equal effort in developing all segments
of a market.
(4) The term "unenhanced data" means unprocessed or mini-
mally processed signals or film products collected from civil
remote-sensing space systems. Such minimal processing may
include rectification of distortions, registration with respect to
features of the Earth, and calibration of spectral response. Such
minimal processing does not include conclusions, manipula-
tions, or calculations derived from such signals or film products
or combination of the signals or film products with other data or
information.
(5) The term "system operator" means a contractor under
title II or title III or a license holder under title IV.
TITLE 11-OPERATION AND DATA MARKETING OF LANDSAT
SYSTEM
SEC. 201. (a) The Secretary shall be responsible for-
(1) the Landsat system, including the orbit, operation, and
disposition of Landsats 1, 2, 3, 4, and 5; and
(2) provision of data to foreign ground stations under the
terms of agreements between the United States Government
and nations that operate such ground stations which are in
force on the date of commencement of the contract awarded
pursuant to this title.
(b) The provisions of this section shall not affect the Secretary's
authority to contract for the operation of part or all of the Landsat
system, so long as the United States Government retains-
(1) ownership of such system;
(2) ownership of the unenhanced data; and
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
98 STAT. 454 PUBLIC LAW 98-365-JULY 17, 1984
(3) authority to make decisions concerning operation of the
system.
CONTRACT FOR MARKETING OF UNENHANCED DATA
SEC. 202. (a) In accordance with the requirements of this title, the
Secretary, by means of a competitive process and to the extent
provided in advance by appropriation Acts, shall contract with a
United States private sector party (as defined by the Secretary) for
the marketing of unenhanced data collected by the Landsat system.
Any such contract-
(1) shall provide that the contractor set the prices of unen-
hanced data;
(2) may provide for financial arrangements between the Sec-
retary and the contractor including fees for operating the
system, payments by the contractor as an initial fee or as a
percentage of sales receipts, or other such considerations;
(3) shall provide that the contractor will offer to sell and
deliver unenhanced data to all potential buyers on a nondis-
criminatory basis;
(4) shall provide that the contractor pay to the United States
Government the full purchase price of any unenhanced data
that the contractor elects to utilize for purposes other than sale;
(5) shall be entered into by the Secretary only if the Secretary
has determined that such contract is likely to result in net cost
savings for the United States Government; and
(6) may be reawarded competitively after the practical demise
of the space segment of the Landsat system, as determined by
the Secretary.
(b) Any contract authorized by subsection (a) may specify that the
contractor use, and, at his own expense, maintain, repair, or modify,
such elements of the Landsat system as the contractor finds neces-
sary for commercial operations.
(c) Any decision or proposed decision by the Secretary to enter
into any such contract shall be transmitted to the Committee on
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Science and Technology of the House of Representatives
for their review. No such decision or proposed decision shall be
implemented unless (A) a period of thirty calendar days has passed
after the receipt by each such committee of such transmittal, or (B)
each such committee before the expiration of such period has agreed
to transmit and has transmitted to the Secretary written notice to
the effect that such committee has no objection to the decision or
proposed decision. As part of the transmittal, the Secretary shall
include information on the terms of the contract described in subsec-
tion (a).
(d) In defining "United States private sector party" for purposes of
this Act, the Secretary may take into account the citizenship of key
personnel, location of assets, foreign ownership, control, influence,
and other such factors.
CONDITIONS OF COMPETITION FOR CONTRACT
15 USC 4213. SEC. 203. (a) The Secretary shall, as part of the advertisement for
the competition for the contract authorized by section 202, identify
and publish the international obligations, national security concerns
(with appropriate protection of sensitive information), domestic
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
PUBLIC LAW 98-365 Y 17, 1984 98 STAT. 455
legal considerations, and any other standards or conditions which a
private contractor shall be required to meet.
(b) In selecting a contractor under this title, the Secretary shall
consider-
(1) ability to market aggressively unenhanced data;
(2) the best overall financial return to the Government,
including the potential cost savings to the Government that are
likely to result from the contract;
(3) ability to meet the obligations, concerns, considerations,
standards, and conditions identified under subsection (a);
(4) technical competence, including the ability to assure con-
tinuous and timely delivery of data from the Landsat system;
(5) ability to effect a smooth transition with the contractor
selected under title III; and
(6) such other factors as the Secretary deems appropriate and
relevant.
(c) If, as a result of the competitive process required by section Report.
202(a), the Secretary receives no proposal which is acceptable under
the provisions of this title, the Secretary shall so certify and fully
report such finding to the Congress. As soon as practicable but not
later than thirty days after so certifying and reporting, the Secre-
tary shall reopen the competitive process. The period for the subse-
quent competitive process shall not exceed one hundred and twenty
days. If, after such subsequent competitive process, the Secretary
receives no proposal which is acceptable under the provisions of this
title, the Secretary shall so certify and fully report such finding to
the Congress. In the event that no acceptable proposal is received,
the Secretary shall continue to market data from the Landsat
system.
(d) A contract awarded under section 202 may, in the discretion of
the Secretary, be combined with the contract required by title III,
pursuant to section 304(b).
SEC. 204. (a) After the date of the commencement of the contract 15 USC 4214.
described in section 202(a), the contractor shall be entitled to reve-
nues from sales of copies of data from the Landsat system, subject to
the conditions specified in sections 601 and 602.
(b) The contractor may continue to market data previously gener-
ated by the Landsat system after the demise of the space segment of
that system.
SEC. 205. (a) The contract under this title shall provide that the 15 USC 4215.
contractor shall act as the agent of the Secretary by continuing to
supply unenhanced data to foreign ground stations for the life, and
according to the terms, of those agreements between the United
States Government and such foreign ground stations that are in
force on the date of the commencement of the contract.
(b) Upon the expiration of such agreements, or in the case of
foreign. ground stations that have no agreement with the United
States on the date of commencement of the contract, the contract
shall provide-
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
c
98 STAT. 456 PUBLIC LAW 98-365-JULY 17, 1984
(1) that unenhanced data from the Landsat system shall be
made available to foreign ground stations only by the contrac-
tor; and
(2) that such data shall be made available on a nondiscrimina-
tory basis.
Contracts with
U.S.
15 USC 4222.
TITLE III-PROVISION OF DATA CONTINUITY AF'T'ER THE
LANDSAT SYSTEM
PURPOSES AND DEFINITION
SEC. 301. (a) It is the purpose of this title-
(1) to provide, in an orderly manner and with minimal risk,
for a transition from Government operation to private, commer-
cial operation of civil land remote-sensing systems; and
(2) to provide data continuity for six years after the practical
demise of the space segment of the Landsat system.
(b) For purposes of this title, the term "data continuity" means
the continued availability of unenhanced data-
(1) including data which are from the point of view of a data
user-
(A) functionally equivalent to the multispectral data gen-
erated by the Landsat 1 and 2 satellites; and
(B) compatible with such data and with equipment used
to receive and process such data; and
(2) at an annual volume at least equal to the Federal usage
during fiscal year 1983.
(c) Data continuity may be provided using whatever technologies
are available.
DATA CONTINUITY AND AVAILABILITY
SEC. 302. The Secretary shall solicit proposals from United States
private sector parties (as defined by the Secretary pursuant to
section 202) for a contract for the development and operation of a
remote-sensing space system capable of providing data continuity
for a period of six years and for marketing unenhanced data in
accordance with the provisions of sections 601 and 602. Such propos-
als, at a minimum, shall specify-
(1) the quantities and qualities of unenhanced data expected
from the system;
(2) the projected date upon which operations could begin;
(3) the number of satellites to be constructed and their
expected lifetimes;
(4) any need for Federal funding to develop the system;
(5) any percentage of sales receipts or other returns offered to
the Federal Government;
(6) plans for expanding the market for land remote-sensing
data; and
(7) the proposed procedures for meeting the national security
concerns and international obligations of the United States in
accordance with section 607.
AWARDING OF THE CONTRACT
SEC. 303. (aX1) In accordance with the requirements of this title,
the Secretary shall evaluate the proposals described in section 302
and, by means of a competitive process and to the extent provided in
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
PUBLIC LAW 98-365-JULY 17, 1984 98 STAT. 457
advance by appropriation Acts, shall contract with the United
States private sector party for the capability of , providing data
continuity for a period of six years and for marketing unenhanced
data.
(2) Before commencing space operations the contractor shall
obtain a license under title IV.
(b) As part of the evaluation described in subsection (a), the
Secretary shall analyze the expected outcome of each proposal in
terms of-
(1) the net cost to the Federal Government of developing the
recommended system;
(2) the technical competence and financial condition of the
contractor;
(3) the availability of such data after the expected termination
of the Landsat system;
(4) the quantities and qualities of data to be generated by the
recommended system;
(5) the contractor's ability to supplement the requirement for
data- continuity by adding, at the contractor's expense, remote-
sensing capabilities which maintain United States leadership in
remote sensing;
(6) the potential to expand the market for data;
(7) expected returns to the Federal Government based on any
percentage of data sales or other such financial consideration
offered to the Federal Government in accordance with section
305;
(8) the commercial viability of the pro
,
(9) the proposed procedures for satin ymg the national secur-
ity concerns and international obligations of the United States;
(10) the contractor's ability to effect a smooth transition with
an contractor selected under title II; and
a1) such other factors as the Secretary deems appropriate
and relevant.
(c) Any decision or proposed decision by the Secretary to enter Congress.
into any such contract shall be transmitted to the Committee on
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Science and Technology of the House of Representatives
for their review. No such decision or proposed decision shall be
implemented unless (1) a period of thirty calendar days has passed
after the receipt by each such committee of such transmittal, or (2)
each such committee before the expiration of such period has agreed
to transmit and has transmitted to the Secretary written notice to
the effect that such committee has no objection to the decision or
decision. As part of the transmittal, the Secretary shall
include the information specified in subsection (a).
(d) If, as a result of the competitive process required by this Report.
section, the Secretary receives no proposal which is acceptable
under the provisions of this title, the Secretary shall so certify and
'ro
fully report such finding to the Congress. As soon as practicable but
not later than thirty days the
so certifying and reporting, the
Secretary shall reopen the competitive process. The period for the
subsequent competitive process shall not exceed one hundred and
eighty days. If, after such subsequent competitive process, the Secre-
tary receives no proposal which is acceptable under the pro visions of
this title, the Secretary shall so certify and fully report such finding
to the Congress. Not earlier than ninety days after such certification
and report, the Secretary may assure data continuity by procure-
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
98 STAT. 458 PUBLIC LAW 98-365-JULY 17, 1984
ment and operation by the Federal Government of the necessary
systems, to the extent provided in advance by appropriation Acts.
TERMS OF CONTRACT
SEC. 304. (a) Any contract entered into pursuant to this title-
(1) shall be entered into as soon as practicable, allowing for
the competitive procurement process required by this title;
(2) shall, in accordance with criteria determined and pub-
lished by the Secretary, reasonably assure data continuity for a
period of six years, beginning as soon as practicable in order to
minimize any interruption of data availability;
(3) shall provide that the contractor will offer to sell and
deliver unenhanced data to all potential buyers on a nondis-
criminatory basis;
(4) shall not provide a guarantee of data purchases from the
contractor by the Federal Government;
(5) may provide that the contractor utilize, on a space-avail-
able basis, a civilian United States Government satellite or
vehicle as a platform for a civil land remote-sensing space
system, if-
(A) the contractor agrees to reimburse the Government
immediately for all related costs incurred with respect to
such utilization, including a reasonable and proportionate
share of fixed, platform, data transmission, and launch
costs; and
(B) such utilization would not interfere with or otherwise
compromise intended civilian Government missions, as de-
termined by the agency responsible for the civilian plat-
form; and
(6) may provide financial support by the United States Gov-
ernment, for a portion of the capital costs required to provide
data continuity for a period of six years, in the form of loans,
loan guarantees, or payments pursuant to section 305 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 255).
(bXl) Without regard to whether any contract entered into under
this title is combined with a contract under title II, the Secretary
shall promptly determine whether the contract entered into under
this title reasonably effectuates the purposes and policies of title II.
Such determination shall be submitted to the President and the
Congress, together with a full statement of the basis for such
determination.
(2) If the Secretary determines that such contract does not reason-
ably effectuate the requirements of title II, the Secretary shall
promptly carry out the provisions of such title to the extent pro-
vided in advance in appropriations Acts.
MARKETING
SEC. 305. (a) In order to promote aggressive marketing of land
remote-sensing data, any contract entered into pursuant to this title
may provide that the percentage of sales paid by the contractor to
the Federal Government shall decrease according to stipulated in-
creases in sales levels.
(b) After the six-year period described in section 304(aX2), the
contractor may continue to sell data. If licensed under title IV, the
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
PUBLIC LAW 98-365-JULY 17, 1984 98 STAT. 459
contractor may continue to operate a civil remote-sensing space
system.
REPORT
Sac. 306. Two years after the date of the commencement of the
six-year period described in section 304(aX2), the Secretary shall
report to the President and to the Congress on the progress of the
transition to fully private financing, ownership, and operation of
remote-sensing space systems, together with any recommendations
for actions, including actions necessary to ensure United States
leadership in civilian land remote sensing from space.
TERMINATION OF AUTHORITY
Sac. 307. The authority granted to the Secretary by this title shall 15 use 4227.
terminate ten years after the date of enactment of this Act.
TITLE IV-LICENSING OF PRNATE REMOTE-SENSING
SPACE SYSTEMS
GENERAL AUTHORITY
SEc. 401. (aX1) In consultation with other appropriate Federal
agencies, the Secretary is authorized to license private sector parties
to operate private remote-sensing space systems for such period as
the Secretary may specify and in accordance with the provisions of
this title.
(2) In the case of a private space system that is used for remote
sensing and other purposes, the authority of the Secretary under
this title shall be limited only to the remote-sensing operations of
such space system.
(b) No license shall be granted by the Secretary unless the Secre-
tary determines in writing that the applicant will comply with the
requirements of this Act, any regulations issued pursuant to this
Act, and any applicable international obligations and national secu-
rity concerns of the United States.
(c) The Secretary shall review any application and make a deter-
mination thereon within one hundred and twenty days of the receipt
of such application. If final action has not occurred within such
time, the Secretary shall inform the applicant of any pending issues
and of actions required to reoolve them.
(d) The Secretary shall not deny such license in order to protect
any existing licensee from competition.
CONDITIONS FOR OPERATION
SEc. 402. (a) No person who is subject to the jurisdiction or control
of the United States may, directly or through any subsidiary or
affiliate, operate any private remote-sensing space system without a
license pursuant to section 401.
(b) Any license issued pursuant to this title shall specify, at a
minimum, that the licensee shall comply with all of the require-
ments of this Act and shall-
(1) operate the system in such manner as to preserve and
promote the national security of the United States and to
observe and implement the international obligations of the
United States in accordance with section 607;
Defense and
national
security.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
t
98 STAT. 460
PUBLIC LAW 98-365-JULY 17, 1984
(2) make unenhanced data available to all potential users on a
nondiscriminatory basis;
(3) upon termination of operations under the license, make
disposition of any satellites in space in a manner satisfactory to
the President;
(4) promptly make available all unenhanced data which the
Secretary may request pursuant to section 602;
(5) furnish the Secretary with complete orbit and data collec-
tion characteristics of the system, obtain advance approval of
any intended deviation from such characteristics, and inform
the Secretary immediately of any unintended deviation;
(6) notify the Secretary of any agreement the licensee intends
to enter with a foreign nation, entity, or consortium involving
foreign nations or entities;
(7) permit the inspection by the Secretary of the licensee's
equipment, facilities, and financial records;
(8) surrender the license and terminate operations upon noti-
fication by the Secretary pursuant to section 403(aXl); and
(9XA) notify the Secretary of any "value added" activities (as
defined by the Secretary by regulation) that will be conducted
by the licensee or by a subsidiary or affiliate; and
(B) if such activities are to be conducted, provide the Secre-
tary with a plan for compliance with the provisions of this Act
concerning nondiscriminatory access.
ADMINISTRATIVE AUTHORITY OF THE SECRETARY
15 USC 4243. SEC. 403. (a) In order to carry out the responsibilities specified in
this title, the Secretary may-
(1) grant, terminate, modify, condition, transfer, or suspend
licenses under this title, and upon notification of the licensee
may terminate licensed operations on an immediate basis, if the
Secretary determines that the licensee has substantially failed
to comply with any provision of this Act, with any regulation
issued under this Act, with any terms, conditions, or restrictions
of such license, or with any international obligations or national
security concerns of the United States;
(2) inspect the equipment, facilities, or financial records of
any licensee under this title;
(3) provide penalties for noncompliance with the require-
ments of licenses or regulations issued under this title, includ-
ing civil penalties not to exceed $10,000 (each day of operation
in violation of such licenses or regulations constituting a sepa-
rate violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpenas for any materials, documents, or records,
or for the attendance and testimony of witnesses for the purpose
of conducting a hearing under this section;
(6) seize any object, record, or report where there is probable
cause to believe that such object, record, or report was used, is
being used, or is likely to be used in violation of this Act or the
requirements of a license or regulation issued thereunder; and
(7) make investigations and inquiries and administer to or
take from any person an oath, affirmation, or affidavit concern-
ing any matter relating to the enforcement of this Act.
(b) Any applicant or licensee who makes a timely request for
review of an adverse action pursuant to subsection (aX1), (aX3), or
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
SEC. 404. The Secretary may issue regulations to carry out the
provisions of this title. Such regulations shall be promulgated only
after public notice and comment in accordance with the provisions
of section 553 of title 5, United States Code.
United States Code.
REGULATORY AUTHORITY OF THE SECRETARY
(if
PUBLIC LAW 98-365- LY 17, 1984 98 STAT. 461"`
(aX6) shall be entitled to adjudication by the Secretary on the record
after an opportunity for an agency hearing with respect to such
adverse action. Any final action by the Secretary under this subsec-
tion shall be subject to judicial review under chapter 7 of title 5,
SEC. 405. (a) A private sector party may apply for a license to
operate a private remote-sensing space system which utilizes, on a
space-available basis, a civilian United States Government satellite
or vehicle as a platform for such system. The Secretary, pursuant to
the authorities of this title, may license such system if it meets all
conditions of this title and-
(1) the system operator agrees to reimburse the Government
immediately for all related costs incurred with respect to such
utilization, including a reasonable and proportionate share of
fixed, platform, data transmission, and launch costs; and
(2) such utilization would not interfere with or otherwise
compromise intended civilian Government missions, as deter-
mined by the agency responsible for such civilian platform.
(b) The Secretary may offer assistance to private sector parties in
finding appropriate opportunities for such utilization.
(c) To the extent provided in advance by appropriation Acts, any
Federal agency may enter into agreements for such utilization if
such agreements are consistent with such agency's mission and
statutory authority, and if such re mote-sensing space
system is
lice nsed by the Secretary before commencing operation.
(d) The provisions of this section do not apply to activities carried
out under title V.
(e) Nothing in this title shall affect the authority of the Federal
Communications Commission pursuant to the Communications Act
of 1934, as amended (47 U.S.C. 151 et seq.).
SEC. 406. If, five years after the expiration of the six-year period
described in section 304(aX2), no private sector party has been
licensed and continued in operation under the provisions of this
title, the authority of this title shall terminate.
TITLE V-RESEARCH AND DEVELOPMENT
CONTINUED FEDERAL RESEARCH AND DEVELOPMENT
SEC. 501. (aXl) The Administrator of the National Aeronautics and 15 USC 4261.
Space Administration is directed to continue and to enhance
such Administration's programs of remote-sensing research and
development.
(2) The Administrator is authorized, and encouraged to-
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
98 STAT. 462 PUBLIC LA 98-365-JULY 17, 1984
(A) conduct experimental space remote-sensing programs
(including applications demonstration programs and basic
research at universities);
(B) develop remote-sensing technologies and techniques,
including those needed for monitoring the Earth and its environ-
ment; and
(C) conduct such research and development in cooperation
with other Federal agencies and with public and private
research entities (including private industry, universities, State
and local governments, foreign governments, and international
organizations) and to enter into arrangements (including joint
ventures) which will foster such cooperation.
(bXl) The Secretary is directed to conduct a continuing program
of-
(A) research in applications of remote-sensing;
(B) monitoring of the Earth and its environment; and
(C) development of technology for such monitoring.
(2) Such program may include support of basic research at univer-
sities and demonstrations of applications.
(3) The Secretary is authorized and encouraged to conduct such
research, monitoring, and development in cooperation with other
Federal agencies and with public and private research entities
(including private industry, universities, State and local govern-
ments, foreign governments, and international organizations) and to
enter into arrangements (including joint ventures) which will foster
such cooperation.
(cxl) In order to enhance the United States ability to manage and
utilize its renewable and nonrenewable resources, the Secretary of
Agriculture and the Secretary of the Interior are authorized and
encouraged to conduct programs of research and development in the
applications of remote sensing using funds appropriated for such
purposes-
(2) Such programs may include basic research at universities,
demonstrations of applications, and cooperative activities involving
other Government agencies, private sector parties, and foreign and
international organizations.
(d) Other Federal agencies are authorized and encouraged to
conduct research and development on the use of remote sensing in
fulfillment of their authorized missions, using funds appropriated
for such purposes.
(e) The Secretary and the Administrator of the National Aeronau-
tics and, Space Administration shall, within one year after the date
of enactment of this Act and biennially thereafter, jointldevelop
and transmit to the Congress a report which includes (1)'a unified
national plan for remote-sensing research and development applied
to the Earth and its atmosphere; (2) a compilation of progress in the
relevant ongoing research and development activities of the Federal
agencies; and (3) an assessment of the state of our knowledge of the
Earth and its atmosphere, the needs for additional research (includ-
ing research related to operational Federal remote-sensing space
programs), and opportunities available for further progress.
SEC. 502. Data gathered in Federal experimental remote-sensing
space programs may be used in related research and development
programs funded by the Federal Government (including applications
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
PUBLIC LAW 98-365 ULY 17, 1984 98 STAT. 463' {
Programs) and cooperative research programs, but not for commer-
cial uses or in competition with private sector activities, except
pursuant to section 503.
SALE OF EXPERIMENTAL DATA
SEC. 503. Data gathered in Federal experimental remote-sensing 15 USC 4263.
space programs may be sold en bloc through a competitive process
(consistent with national security interests and international obliga-
tions of the United States and in accordance with section 607) to any
United States entity which will market the data on a nondiscrimina-
tory basis.
TITLE VI-GENERAL PROVISIONS
NONDISCRIMINATORY DATA AVAILABILrry
SEC. 601. (a) Any unenhanced data generated by any system
operator under the provisions of this Act shall be made available to
all users on a nondiscriminatory basis in accordance with the
requirements of this Act.
(b) Any system operator shall make publicly available the prices,
policies, procedures, and other terms and conditions (but, in accord-
ance with section 104(3XC), not necessarily the names of buyers or
their purchases) upon which the operator will sell such data.
Public
availability.
15 USC 4271.
ARCHIVING OF DATA
SEC. 602. (a) It is in the public interest for the United States 15 USC 4272.
Government-
(1) to maintain an archive of land remote-sensing data for
historical, scientific, and technical purposes, including long-
term global environmental monitoring;
(2) to control the content and scope of the archive; and
(3) to assure the quality, integrity, and continuity of the
archive.
(b) The Secretary shall provide for long-term storage, mainte-
nance, and upgrading of a basic, global, land remote-sensing data set
(hereinafter referred to as the "basic data set") and shall follow
reasonable archival practices to assure proper storage and preserva-
tion of the basic data set and timely access for parties requesting
data. The basic data set which the Secretary assembles in the
Government archive shall remain distinct from any inventory of
data which a system operator may maintain for sales and for other
purposes.
(c) In determining the initial content of, or in upgrading, the basic
data set, the Secretary shall-
(1) use as a baseline the data archived on the date of enact-
ment of this Act;
(2) take into account future technical and scientific develop-
ments and needs;
(3) consult with and seek the advice of users and producers of
remote-sensing data and data products;
(4) consider the need for data which may be duplicative in
terms of geographical coverage but which differ in terms of
season, spectral bands, resolution, or other relevant factors;
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
4, 98 STAT. 464 PUBLIC LA 98-365-JULY 17, 1984
Public
availability.
(5) include, as the Secretary considers appropriate, unen-
hanced data generated either by the Landsat system, pursuant
to title III, or by licensees under title IV;
(6) include, as the Secretary considers appropriate, data col-
lected by foreign ground stations or by foreign remote-sensing
space systems; and
(7) ensure that the content of the archive is developed in
accordance with section 607.
(d) Subject to the availability of appropriations, the Secretary
shall request data needed for the basic data set and pay to the
providing system operator reasonable costs for reproduction and
transmission. A system operator shall promptly make requested
data available in a form suitable for processing for archiving.
(e) Any system operator shall have the exclusive right to sell all
data that the operator provides to the United States remote-sensing
data archive for a period to be determined by the Secretary but not
to exceed ten years from the date the data are sensed. In the case of
data generated from the Landsat system prior to the implementa-
tion of the contract described in section 202(a), any contractor
selected pursuant to section 202 shall have the exclusive right to
market such data on behalf of the United States Government for the
duration of such contract. A system operator may relinquish the
exclusive right and consent to distribution from the archive before
the period of exclusive right has expired by terminating the offer to
sell particular data.
(fl After the expiration of such exclusive right to sell, or after
relinquishment of such right, the data provided to the United States
remote-sensing data archive shall be in the public domain and shall
be made available to requesting parties by the Secretary at prices
reflecting reasonable costs of reproduction and transmittal.
(g) In carrying out the functions of this section, the Secretary
shall, to the extent practicable and as provided in advance by
appropriation Acts, use existing Government facilities.
15 USC 4273. SEC. 603. Unenhanced data distributed by any system operator
under the provisions of this Act may be sold on the condition that
such data will not be reproduced or disseminated by the purchaser.
REIMBURSEMENT FOR ASSISTANCE
SEC. 604. The Administrator of the National Aeronautics and
Space Administration, the Secretary of Defense and the heads of
other Federal .agencies may provide assistance to system operators
under the provisions of this Act. Substantial assistance shall be
reimbursed by the operator, except as otherwise provided by law.
ACQUISITION OF EQUIPMENT
SEC. 605. The Secretary may, by means of a competitive process,
allow a licensee under title IV or any other private party to buy,
lease, or otherwise acquire the use of equipment from the Landsat
system, when such equipment is no longer needed for the operation
of such system or for the sale of data from such system. Officials of
other Federal civilian agencies are authorized and encouraged to
cooperate with the Secretary in carrying out the provisions of this
section.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
PUBLIC LAW 98-365-JULY 17, 1984 98 STAT. 465
RADIO FREQUENCY ALLOCATION
SEC. 606. (a) Within thirty days after the date of enactment of this President of U.S.
Act, the President (or the President's delegee, if any, with authority 15 USC 4276.
over the assignment of frequencies to radio stations or classes of
radio stations operated by the United States) shall make available
for nongovernmental use spectrum presently allocated to Govern-
ment use, for use by United States Landsat and commercial remote-
sensing space systems. The spectrum to be so made available shall
conform to any applicable international radio or wire treaty or
convention, or regulations annexed thereto. Within ninety days
thereafter, the Federal Communications Commission shall utilize
appropriate procedures to authorize the use of such spectrum for
nongovernmental use. Nothing in this section shall preclude the
ability of the Commission to allocate additional spectrum to com-
mercial land remote-sensing space satellite system use.
(b) To the extent required by the Communications Act of 1934, as
amended (47 U.S.C. 151 et seq.), an application shall be filed with the 47 USC 609.
Federal Communications Commission for any radio facilities in-
volved with the commercial remote-sensing space system.
(c) It is the intent of Congress that the Federal Communications
Commission complete the radio licensing process under the Commu-
nications Act of 1934, as amended (47 U.S.C. 151 et seq.), upon the
application of any private sector party or consortium operator of
any commercial land remote-sensing space system subject to this
Act, within one hundred and twenty days of the receipt of an
application for such licensing. If final action has not occurred within
one hundred and twenty days of the receipt of such an application,
the Federal Communications Commission shall inform the applicant
of any pending issues and of actions required to resolve them.
(d) Authority shall not be required from the Federal Communica-
tions Commission for the development and construction of any
United States land remote-sensing space system (or component
thereof), other than radio transmitting facilities or components,
while any licensing determination is being made.
(e) Frequency allocations made pursuant to this section by the
Federal Communications Commission shall be consistent with inter-
national obligations and with the public interest.
SEC. 607. (a) The Secretary shall consult with the Secretary of
Defense on all matters under this Act affecting national security.
The Secretary of Defense shall be responsible for determining those
conditions, consistent with this Act, necessary to meet national
security concerns of the United States and for notifying the Secre-
tary promptly of such conditions.
(bXl) The Secretary shall consult with the Secretary of State on
all matters under this Act affecting international obligations. The
Secretary of State shall be responsible for determining those condi-
tions, consistent with this Act, necessary to meet international
obligations and policies of the United States and for notifying the
Secretary promptly of such conditions.
(2) Appropriate Federal agencies are authorized and encouraged
to provide remote-sensing data, technology, and training to develop-
ing nations as a component of programs of international aid.
Defense and
national
security.
15 USC 4277.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
"98 STAT. 466
15 USC 1517
note.
PUBLIC LAW_ 98-365-JULY 17, 1984
(3) The Secretary of State shall promptly report to the Secretary
any instances outside the United States of discriminatory distribu-
tion of data.
(c) If, as a result of technical modifications imposed on a system
operator on the basis of national security concerns, the Secretary, in
consultation with the Secretary of Defense or with other Federal
agencies, determines that additional costs will be incurred by the
system operator, or that past development costs (including the cost
of capital) will not be recovered by the system operator, the Secre-
tary may require the agency or agencies requesting such technical
modifications to reimburse the system operator for such additional
or development costs, but not for anticipated profits. Reimburse-
ments may cover costs associated with required changes in system
performance, but not-costs ordinarily associated with doing business
abroad.
AMENDMENT TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
AUTHORIZATION, 1983
SEC. 608. Subsection (a) of section 201 of the National Aeronautics
and Space Administration Authorization Act, 1983 (Public Law 97-
324; 96 Stat. 1601) is amended to read as follows:
"(a) The Secretary of Commerce is authorized to plan and provide
for the management and operation of civil remote-sensing space
systems, which may include the Landsat 4 and 5 satellites and
associated ground system equipment transferred from the National
Aeronautics and Space Administration; to provide for user fees; and
to plan for the transfer of the operation of civil remote-sensing space
systems to the private sector when in the national interest.".
SEC. 609. (a) There are authorized to be appropriated to the
Secretary $75,000,000 for fiscal year 1985 for the purpose of carrying
out the provisions of this Act. Such sums shall remain available
until expended, but shall not become available until the time peri-
ods specified in sections 202(c) and 303(c) have expired.
(b) The authorization provided for under subsection (a) shall be in
addition to moneys authorized pursuant to title II of the National
15 USC 1517 Aeronautics and Space Administration Authorization Act, 1983.
note.
TITLE VII-PROHIBITION OF COMMERCIALIZATION OF
WEATHER SATELLITES
President of U.S. -SEC. 701. Neither the President nor any other official of the
"
5 USC 42x1 Gthllkff lllfh
.overnmen sa mae any eort toease, se, or transer to te
private sector, commercialize, or in any way dismantle any portion
of the weather satellite systems operated by the Department of
Commerce or any-successor agency.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
PUBLIC LAW 98-365-J LY 17, 1984
SEc. 702. Regardless of any change in circumstances subsequent to
the enactment of this Act, even if such change makes it appear to be
in the national interest to commercialize weather satellites, neither
the President nor any official shall take any action prohibited by
section 701 unless this title has first been repealed.
Approved July 17, 1984.
LEGISLATIVE HISTORY-H.R. 5155:
HOUSE REPORT No. 98-647 (Comm. on Science and Technology).
SENATE REPORT No. 98-458 (Comm. on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Apr. 9, considered and passed House.
June 8, considered and passed Senate, amended.
June 28, House concurred in Senate amendment with an amendment.
June 29, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 29 (1984):
July 17, Presidential statement.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
Federal Register / t. 51, No. 59 / Monday, ! 24. 1986. .'roposed Rules
1 30
should be approved to enter into a
UGSA or URSA with CCC.
CCC presently collects the full annual
contract fee from warehousemen for the
first contract year of the UGSA or URSA
irrespective of when the contract is
entered into during the contract year. It
is proposed that the annual contract fee
be prorated according to the number of
full months for which the contract is to
be effective.
CCC is also requesting comments
regarding a proposed change in the
annual contract renewal date from July
1 to April 1. The July 1 annual renewal
date has caused problems for producers
who harvest their grain in May and June
and store their grain in commercial
warehouses. These producers must
select a commercial warehouse to store
their harvested grain without knowing
the storage and handling rates for the
next contract year. An April 1 contract
renewal date would eliminate this
problem. If such a change is
implemented, the 196647 contract year
will be nine months rather than twelve
months. Contract fees would be
adjusted accordingly.
List of Subjects in 7 CFR Part 1421
Grains. Loan programs, Agriculture.
Oilseeds, Peanuts. Price support
programs, Soybeans. Surety bonds.
Tobacco, and Warehouses.
Proposed Rule
PART 1421-{AMENDED)
Accordingly, it is proposed that 7 CFR
Part 1421 be amended as follows:
1. The authority citation for 7 CFR
Part 1421. Subpart-Standards for
Approval of Warehouses for Grain.
Rice, Dry Edible Beans. and Seed
continues to read as follows:
Authority: Seca. 4 and 5.82 Slat. 1070. as
amended. 1072, as amended (15 U.S.C. 714 b
and c).
2. In 4 1421.5552, paragraph (a)(3) is
revised to read as follows:
4 1421.SSS2 Seek: Standards.
(a)..
(3) Have a net worth which is the
greater of 550.000 or an amount which is
computed by multiplying the maximum
storage capacity of the warehouse (the
total quantity of the commodity which
the warehouseman desires to store and
which the warehouse can accommodate
when stored in the customary, manner)
under the approved contract with CCC
times twenty-five (26) cents per bushel
the case of grain, fifty (50) cents per
.ndredweight in the case of rough rice,
eighty-five (85) cents per hundredweight
In the case of milled rice. and sixty (80)
cents per hundredweight in the case of
dry edible beans. In the case of seed, the
net worth of the warehouseman shall be
at least equal to an amount which is
computed by multiplying the estimated
number of pounds of seed to be stored
times seven (7) cents per pound. If this
calculated net worth requirement
exceeds $50,000, the warehouseman
may satisfy any deficiency in net worth
between the $50.000 minimum
requirement and such calculated net
worth requirement by furnishing
bonds, irrevocable letters of credit, or
other acceptable substitute security
meeting the requirements of
S 1421.5553.
3. Section 1421.5555, paragraph (b) is
revised as follows:
4 1421.5555 Exceptions.
(b) A warehouseman who has a net
worth of at least $50,000 but who fails,
or whose warehouse fails, to meet one
or more of the other standards of this
subpart may be approved if:
(1) CCC determines that the
warehouse services are needed and the
warehouse storage and handling
conditions provide satisfactory
protection for the commodity, and
(2) The warehouseman furnishes such
additional bond coverage (or cash or
acceptable negotiable securities or legal
liability insurance policy) as may be
prescribed by CCC.
4. The heading to 41421.5558 is
revised and 41421.5558 is amended by
revising paragraph (a)(2), adding a new
paragraph (a)(3) and by revising
paragraph (b) to read as follows:
41421.5558 Contract and Application and
Inspection Fees.
(a) ...
(2) All grain and rice warehousemen
who do not have an existing agreement
with CCC for the storage and handling
of CCC-owned commodities or
commodities pledged to CCC as loan
collateral. but who desire such an
agreement must pay an application and
inspection fee for each warehouse for
which CCC approval is sought prior to
CCC conducting the original warehouse
examination. The annual contract fee
must be paid by the warehouseman to
CCC prior to the time that the agreement
is entered into.
(3)7 ' be contract fee will be prorated
based upon the total number of months
for which the contract is to be effective.
(b) The amount of the contract and
application and inspection fees shall be
determined and announced annually by
the Executivti Vice President. CCC.
Signed at Washington. D.C.. on March it
tees
Milt 1. Hertz,
Acting Executive Vice Resident, Commodity
Credit Corporation.
(FR Doc 56-6388 Filed 3-21-19: 8:45 aml
ttrwno CODE srti.aa~r
Federal Aviation Administration
14 CFR Part 71
(AUspece Docket No, ee-AGL-41
Proposed Establishment of Tr'ansftion.
Area-Paxton, IL
Correction
In FR Doc. 85-5204 beginning on page
8334 in the issue of Tuesday, March 11,
1986, make the following correction: On
page 8335, in the third column. in the
fifth line of the amendment to 171.181.
..radial" is misspelled.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 960
(Docket No. 51191-6191)
Licensing of Private Land Remote-
Sensing Space Systems
Aot:NCr. National Oceanic and
Atmospheric Administration.
Department of Commerce.
AcTro.c Notice of proposed rulemaking.
SUMMARY: NOAA proposes to establish
procedures to license operators of
private land remote-sensing space
systems in the United States under Title
IV of the Land Remote-Sensing
Commercialization Act of 1984. Pub. L
98-385,15 U.S.C. 2401 et seq. (the Act).
NOAA believes the procedures in this
Notice of Proposed Rulemaking (NPR)
adequately protect the basic U.S.
interests articulated by the Act.
promoting national security, fulfilling
international obligations. Including the
supervision required by Article VI of the
Outer Space Treaty, and ensuring that
access to unenhanced data is provided
on a non-discriminatory basis. At the
same time, the procedures In this NPR
are intended to facilitate licensing and
thereby aid in the development of a U.S.
land-remote sensing industry.
3
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
9972 Federal Register / St. No. 56 / Monday, March .,. ' Proposed Rules
Interested persons ate invited to
review the NPR and to submit comments
on the proposed regulations.
DATI Comments on the NPR must be
received by May 23.1966.
Aooecene Comments should be sent
to Peggy Harwood. NOAH. National
Environmental Satellite. Data, and
Information Service, FB-4, Room 2051.
Washington D.C. 20233 . Phone (301)
763-4522.
FOR FURTV a 101FORMA11010 CONTACT.
Peggy Harwood at the address and
telephone given above or john -
Milholland. NOAA. Office of General
Counsel at (M21254-751L
$UPPLLMt?reTARV INFOR11AT101C Title IV
of the Act requires, that any person
subject to the jurisdiction or control of
the United States who intends to
operate a private remote-sensing space
system must obtain a license from the
Secretary of Commerce. The authority to
issue licenses had been delegated to the
Administrator of the National Oceanic
and Atmospheric Administration
(NOAA) and redelegted to the
Assistant Administrator for the National
Environmental Satellite. Data, and
Information Service (NESDIS).
The Act sets forth detailed criteria for
licensing decisions, and further
refinement of the criteria by regulation
is not generally necessary or useful.
where, however, the Act is less specific.
e.g., as It relates to national security
considerations. NESDIS believes that
further refinement is not feasible at this
time as discussed later under section III.
C.
Consequently, the NPR sets forth
primarily procedural requirements for
obtaining a license. NESDIS intends to
establish as simple a process as possible
consistent with ensuring that its review
of applications will protect the limited
U.S. interests articulated by the Act.
L The Application Process (Subpart B)
Licensing procedures involve the
following stages:
A. Pre-application coasultatioa (Section
980.4)
Consultation Is discretionary on the
part of the applicant but early
communication is encouraged to
promote cooperation and avoid delay. If
prospective applicants request
consultation. NESDIS must caaoply: the
address for filing a written request is
provided.
8. Piling Applications (Section 960.5 &
960.6)
No particuLr form of application is
specified, but any application mast be
signed by the appropriate official
(section 960.5(b)) and must contain the
Information specified in section 9W.&
I'ris section requires only information
strictly necessary to make the
determinations required by section
401(b) of the Act and f 960.11 of the
regulations. These determInations relate
primarily to national security interests
and international obligations and to
ensuring that unenhanced data Is
available on a non-discriminatory basis.
Section 960.13 sets forth procedures for
treating the information submitted as
confidential to the extent permitted
under the Freedom of Information Act.
C. Initial Agency Review (Section QW 9)
NESDIS and the relevant federal
agencies will have up to 21 days to
review an application for sufficiency of
information and request additional
detail if needed. The Act provides for a
review period of 120 days from receipt
for a complete application (section
960.9(d)).
D. Insurance of License (Sections 960.10
that MO 12)
It is anticipated that the Assistant
Administrator will make a
determination as soon as practicable"
within the statutory time limit of 120
days from receipt of a complete
application. (section 960.10(a)). The
criteria for approval reflect the primary
concerns of the Act, national security,
international obligations. and non-
discriminatory access to unenhanced
data. The provisions contained in the
license itself are dictated In large part
by the requirements of section 4o2(b) of
the Act.
IL Enforrama st Procedures (Subpart C)
Section 403(a) of the Act gives the
Administrator various powers to ensure
compliance with the Act, these
regulations and the license. These
powers include the power to modify.
suspend, or terminate the license,
impose civil penalties up to $10,000 per
violation, and seize objects, records or
reports when there is probable cause to
believe they were, are, or are likely to
be used in a violation. Section 402(a) of
the Act entitles the licensee to an
adjudication on the record including an
agency hearing with respect to any such
adverse action.
NOAA has developed detailed
procedures generally applicable to a
wide range of NOAA enforcement
programs. These procedures, set forth in
15 CFR Part 00 . are Incorporated in
relevant part In these regulations. The
procedures for the assessment of civil
penalties (1s CFR 901 subpart B) and the
procedures for holding agency bearings
(15 CFR 904 subpart C) an incorporated
in full. Section 4(a$1) of the Act
authorizes the Adadndatrntor, after
notifying the licenses, to require
immediate termination of activities
under a license If he or she determines
that the licensee 'has substantially
failed" to comply with the Act, these
regulations, or the teems and conditions
of the license. The NOAA-wide permit
sanction procedures In 15 CFR 904
subpart D are followed in principle, but
not detail, in section 960.14 of these
regulations.
Section 403(a)(2) of the Act authorizes
the Administrator to inspect the
equipment. facilities. or financial
records of a licensee; setion 402(b)(7)
specifies that the licensee must agree to
such inspection as a condition of the
license. Under section 060.12(e) of these
regulations inspection may take place
either prior to launch to verify that the
specifications of the licensed system
conform to those in the application. or
during operations under the license to
ensure compliance with it. Such
inspection can occur at "any reasonable
time."
III. Specific Issues
Reviewers may wish to address the
following issues. raised by the NPR
A. Scope of Regulations
Section 402 of the Act requires that
persons "subject to the jurisdiction or
control of the United States" must
obtain a license under Title IV of the
Act in order to operate a private remote-
sensing space system. The Act does not
apply to foreign entities operating solely
from foreign territory. There may be
instance& however, where foreign
operators will carry out some activities
in the U.S. or in conjunction with U.S.
entities, such as using U.S. launch
vehicles. Section 960.2 of the regulations
provides guidance on the type of
activities which could subject a non-U.S.
operator to U.S. Jurisdiction or control
for licensing purposes under the Act.
The basic principle behind this section
is that foreign companies competing
with U.S. firms in the remote-sensing
market should do so on an equal basis.
On the other hand. the U.S, generally
avoids extra-leeritorial application of its
laws. Furthermore. trying to impose
restrictions on foreign operators to
ensure .quality with U.S. firms could
discourage such operators from dealing
with U.S companies. particularly when
the fore* operator intends to gall data
primarily to foreign mark ts. U.S policy
is not promoted by insisting on
unsofonosabis licensing conditions or on
losing U.S business without any
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
Federal Register / V( ii, No. 50 / Monday .Aare,, 4, 1986 ( oposed Rules 9973
practical gain. This section attempts to
balance these competing Interests.
It may be noted that use of a U.S.
inch vehicle or platform does not by
itself require a.license but is a factor to
be considered with other U.S.-based
activities.
B. Value-Added Activities
Section 402(b)(9) of the Act requires
an operator who intends to engage in
"value-added activities" to notify
NESDIS and provide a plan to ensure
non-discriminatory access to the
"unenhanced data" generated by the
system. This section directs NESDIS to
define what constitutes a "value-added
activity" by regulation.
Under section 104(4) of the Act
"unenhanced data" includes both
unprocessed and minimally processed
signals and film products. Section 104(4)
defines some processes that are
"minimal" (rectification of distortions.
registration with respect to features of
the Earth, and calibration of spectral
response) and some that are not
(conclusions, manipulations. or
calculations derived from signals or film
products or the combination of the
signals or film products with other data
or information).
Clearly, any "minimal processing"
does not constitute a "value-added
-tivity" even though it may add to the
efulness of the product and even
increase its market value. Conversely,
what may be called "enhancement
activities" generally are "value-added
activities" although presumably there is
some distinction or there would be no
need for further definition.
The regulations distinguish between
activities which alter or replace the
"measured values" of "unenhanced
data" and those which don't. "Measured
values" are simply the numbers, shades,
or colors assigned in some standardized
system to represent the amount of
radiation sensed in spectral band.
Increasing the marketability alone, for
example by enlarging or reducing a
photo image. is not a "value-added
activity".
Finally. the regulations confirm that
private operators who intend to engage
in remote-sensing activities to further
their own commercial activities, such as
oil exploration or timber management,
must ensure non-discriminatory access
to the useful unenhanced data that they
generate. The definition specifies that an
operator can engage in a "value-added
activity" even though no resale is
contemplated. Consequently, such
r'^-rators must furnish the required plan
ensure equal access to the
unenhanced data by other users (see
also section 900.11(b)). This requirement
is consistent with section 801(a) of the
Act;
The Act defines in detail the elements
of non-discriminatory access (Section
104(3)) and the regulations do not
elaborate on these' elements.
C. Further Definition of Notional
Security and Foreign Policy Concerns
NESDIS recognizes that some
prospective applicants may want greater
certainty as to when NESDIS would
deny or condition a license to protect
national security or foreign policy
interests. The relevant factors are
reflected in the information
requirements of section 960.6 but
individual judgments are made in
context affected by rapidly changing
technology and must be made on a case-
by-case basis.
D. Enforcement Procedures
In most cases the rights of licensees
are fully defined by the procedures
which have been developed by NOAA
for its other regulatory programs. These
procedures are contained in 15 CFR Part
904, the appropriate sections of which
are incorporated in subpart C of these
regulations.
A unique statutory authority not
reflected in Part 904 is provided by
section 403(a)(1) of the Act: the
Administrator may immediately
terminate activities under a license if he
or she determines that the licensee has
"substantially failed to comply with" the
Act, these regulations. or the license.
NESDIS does not further define what
constitutes a "substantial" failure.
IV. Other Actions Associated With the
Rulemaking
A. Classification Under Executive Order
12291 .
NOAA has concluded that these
regulations are not major because they
will not result in:
(1) An annual effect on the economy
of $100 million or more.
(2) A major increase in costs or prices
for consumers, individual industries.
Federal, state or local government
agencies, or geographical regions; or
(3) Significant adverse effects on
competition, employment, investment,
productivity. innovation or on the ability
of United States-based enterprises to
compete with foreign based enterprises
in domestic or export markets.
The proposed regulations establish
the procedures for licensing private
operators of land remote-sensing space
systems in accordance with the criteria
established by the Act. The regulations
will not result in any direct, or major
indirect, economic or environmental
effect. They are intended to promote the
U.S. land remote-sensing industry by
facilitating the licensing process and by
ensuring that foreign companies
competing with U.S. companies in the
remote-sensing market do so on an
equal basis to the maximum extent
practicable.
B. Regulatory Flexibility Act (5 U.S.C.
601 et seq.)
This proposed rule is essentially
procedural and establishes a process
intended to minimize any adverse
impact on any entity-large or small-
which may need a license to operate a
remote-sensing space system. Because
of the large size and cost of land remote-
sensing projects, small businesses are
unlikely to be able to amass the capital
necessary to enter the field. The only
involvement of small business concerns
is likely to be as contractors or
subcontractors who do not require a
license. The General Counsel of the
Department of Commerce has, therefore,
certified that this regulation will not
have a significant economic effect on a
substantial number of small entities.
C. Paperwork Reduction Act of 1980
(Pub. L 96411)
The regulations contain certain
information requirements which have
not been reviewed by the. Office of
Management and Budget. These .
information requirements are being
reviewed at this time and comments on
them should be directed to the Office of
Information and Regulatory Affairs of
OMB, Attention: Desk Officer for the
Department of Commerce, NOAA. The
regulations impose the minimal
information requirements to allow
informed decisions in implementing
NOAA's licensing responsibilities under
Title IV of the Act. Very few
applications are expected.
D. Notional Environmental Policy Act
Publication of the proposed
regulations does not constitute a major
federal action significantly affecting the
quality of the human environment.
Therefore, an environmental impact
statement is not required.
V. Final Rules
NOAA will issue final rules after the
comments received in response to the
Notice have been evaluated.
List of Subjects In 15 CFR Part 900
Scientific equipment, Space
transportation and exploration.
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
9974 Federal Register /
Dated: November Ill 1985.
Willies P. Bishop,
Acting Aui* jant Adminislntor.
Accordingly, a new Pert 900 of Title 15
of the Code of Federal Regulations is
proposed to be added to read as follows.
PART 960-PRIVATE LAND REMOTE-
SENSING SPACE SYSTEMS
B++DDaR A-General
S.c
900.1 Purpose.
900.2 Scope.
900.3 Defiakloos.
Subpart 5-App5cstlon Process
900.4 Pre-application consultation.
900.5 General.
9e0.e Information to be submitted with
application.
900.7 Aasachaent withdrawal. and
termination of an appbcatioa.
900.3 Confidentiality of ialarvustioa.
900.9 Review procedures.
900.10 Timely approval or denial of
application and issuance of license.
900.11 Giteria for approval or denial.
990.12 Contents of license.
t3 *W C--Entoreanrent Procedusa
9000.13 General
9000.14 License Sanctions.
9000.15 Civil penalties.
9000.16 Seizure.
Authority: 15 U.S.C. 2401, at seq.
Subpart A--Gsnwtl
li 1160.1 Purpose.
These regulations establish the
minimum practicable procedures and
informational requirements to license
and supervise the operation of a private
remote-sensing space system under Title
IV of the Land Remote-Sensing
Commercialization Act of 1984 (The
Act). They are intended to facilitate the
development of private operational
remote-sensing space systems In the
United States while carrying out the
purposes of the Act which include in
particular.
(a) To preserve and promote the
national security of the United States.
(b) To ensure that data from private
operational remote-sensing space
systems will be sold on a non-
discriminatory basis: and
(c) To fulfill the International
obligations of the United States.
96os soopa.
The Act and these regulations apply
to any person subject to the jurisdiction
or control of the United States who
operates a private remote-sensing space
system either directly or through an
affiliate or subsidiary. For the purposes
of these regulations. a person. affiliate,
or subsidery Is subject to the jurisdiction
. 51. No. bd / Monday March .24, 199 Proposed Rules
or control of the United States if such government atlencIss slwliW apt be
person is: relied upon.
(a) A U.S. Citizen; 1960.3 Deft9dons.
(b) A corporation. perttrasbip.
association or other entity organized or
existing under the laws of the United
States:
(c) Any other private space system
operator having substantial connections
with the United States or deriving
substantial benefits from US low that
support its International operations.
Relevant connections Include using a
U.S. launch vehicle and/or platform,
operating a spacecraft command and/or
data acquisition station in the U.S., and
processing the date at and/or marketing
it from facilities within the U.S. The
following examples are intended to
illustrate the application of this
subsection.
Example Z. A non-U.& corporation
launches an operational remote-sensing
space system using a U.S operated launch
vehicle and/or a platform leun dhad from U.S.
territory. The company operates so
apeaoeoalt aomrnaod gtvand station in"
U.S. altboa?1 it bas technicians and
suppervisor present to the U.S. to ensure
integratiaa of the foreign-built satellite or
space system with the launch vehicle. The
company acquires data directly from the
space system and processes and distributes it
from facilities outside the U.S. although It
advertises the availability of data and/or
information In US. publications.
The oowpany Is not subject to U8.
Jurisdiction or control and mash s no license
for its ranhote emakng activities.
ExanWJe 2.A coampany's operating is the
same as is Example t except that it acquires.
processes and distributes the data from one
or more facilities within the U.S.
The company is subject to U.S. **diction
or control and requires a license.-
Example 3 A company's operation is the
same as in Example 2 ezoept that It launches
its remote-sensing space system on a non-
U.S. launch vehicle from foreign territory.
The company is still subject to U.S.
jurisdiction or control and requires a license.
Where ground activities in the U.S.
are less extensive than those described
above, such as mere operation of a
command and data acquisition facility
or a small retail distribution outlet, the
Administrator will decide on an
individual basis whether the operator is
subject to U.S. jnrtedictlon or control for
purposes of Title IV. In such cases. the
use of a U.S. launch vshide and/or
platform may be significant although
such use alone is not a sufficient
connection.
Interested persons with questions may
request a formal. binding opinion from
the Administrator concerning the
application of these regulations to their
operation. Informal opinions by private
operators of launch vehicles or other
For the purposes of these regulations.
the following terms have the following
meanings:
Act means the Land Remote-Sensing
Commercialization Act of 1984 (Pub. L
98-305. 15 U.S.C. 4201 et seq.);
Administrator means the
Administrator of NOAA. or his
designee:
Affiliate means any person: (a) Which
owns or controls more than 5% interest
in the applicant or licensee, or (b) which
is under common ownership or control
with the applicant or licensee:
Applicautioa means any written
request submitted wader this part toe (a)
Issuance of a Goease for the operation of
a private remote- raging apace system:
(b) transfer or renewal of any such
license; or (c) an amendment to any
such license as a result of a substantial
change in any of the specified terms and
conditions of the license:
Boric dhta we means data collected
by any licensed private remote-sensing
space system that (a) Has been selected
to be maintained by the United States
Government in a public archive, and (b)
shall remain distinct from any inventory
of data that a system operator may
maintain for sales and for other
purposes. Section 502 of the Act
("Archiving of Data") sets forth the
Government's interest and criteria for
determining the 'basic data set"
Experimental data means data
collected by the United States
Government in experimental remote-
sensing programs:
Measured values mean the assigned
numbers, shades or colors, which
represent. In some standardized system.
an amount of electromagnetic radiation
sensed in a spectral band.
NFSDLS means the National
Environmental Satellite. Data, and
Information Service:
NOAA means the National Oceanic
and Atmospheric Administration:
Person means any individual (whether
or not a citizen of the United States).
corporation. partnership. association. or
other entity organized or existing under
the laws of any nation.
Remot.-sensing spoor system means
any instrument or device or combination
thereof and any related ground based
facilities capable of seeing the Earth's
surface from space by making use of the
properties of the olectromagnetlc waves
emitted. reflected, or diffracted by the
sensed objects. For purposes of these
regulations, email, hand-held cameras
. Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
Federal Register / vol- 51. No. 56 / Monda, arch 24, 1966 / ..oposed Rules 9975
shall not be considered remote-sensing
ace systems.
Subsidiary means an entity whose
controlling interest is held by the
applicant or licensee.
Unenhanced data means unprocessed
or minimally processed signals or film
products collected from a licensed
remote-sensing space system. Such
minimal processing may include
rectification of distortions, registration
with respect to features of the Earth, and
calibration of spectral response. Such
minimal processing does not include
conclusions. manipulations. or
calculations derived from such signals
or film products or the combination of
the signals or film products with other
data or information.
Value-added activity means any
activity that substantially changes the
information content of the unenhanced
data by altering or replacing the
measured values of an unenhanced data
product or by combining unenhanced
signals or film products with other data
or information. Converting assigned
values from one unit of measurement to
another does not constitute a value-
added activity and Increasing the
marketability or the price of an
unenhanced data product does not by
itself constitute a value-added activity.
he product derived may be for sale, for
,any other form of distribution. or for the
internal use of the system operator
activity.
Subpart B-Applkatfon Process
4 960.4 Pre-appacatlon eonsultstlon.
(a) Applicants are encouraged to
consult with NOAA and other relevant
federal agencies at the earliest possible
planning stages. Such consultation may
reveal design or data collection
requirements that may be
accommodated early at low cost or
avoid costly changes in design or data
collection characteristics. Consultation
at the time a license application is being
prepared may prove useful in defining
informational requirements and in
expediting review.
(b) Consultation. The Administrator
shall consult upon request with any
prospective applicant to assist the
applicant in: (1) Property preparing the
application, and (2) contacting other
Government agencies involved In the
application review process In order to
discuss the prospective application.
(c) Request. A'prospective applicant
who wishes to have a pro-application
-11sultation should make such request
writing to the Assistant
Administrator, National Environmental
Satellite. Data, and Information Service.
Washington. DC 20233.
f 960.5 General. (2) Method of data distribution
(a) Where to file. Applications and all including scheduling plans and
related documents shall be filed with the procedures:
Assistant Administrator. National (3) Location of major data distribution
Environmental Satellite. Data, and outlets:
Information Service (NESDIS), NOAA. (4) Data reproduction policy.
Washington. DC 20233. (5) Pricing policy.
(b) Form. No particular form is (6) The names and addresses of any
required but each application must be in parties that will engage in the marketing
writing, must include all of the of data on a contractual basis with the
information specified in this subpart. applicant, or its affiliates and
and must be signed as follows: subsidiaries: and
(1) For a corporation: By a principal (7) Any other information necessary
executive officer at least at the level of to satisfy the requirements of section
vice-president 601 of the Act.
(2) For a partnership or a sole (f) Any plans that the applicant, or
proprietorship: by a general partner or any affiliate or subsidiary may have for
proprietor, respectively: or engaging in value-added activities,
(3) Foram association or other entity: including a plan and pricing policy for
by a executive officer. ensuring non discriminatory access to
(c) Nom of avpies. fight (8) copies unenbanced data. .
of each application must be submitted. (g) All existing or anticipated
f secs IMormatlon to be submitted with agreements regarding system operation
between the applicant, its affiliates and
WpkWm The following information on the subsidiaries, and any foreign nation,
applicant. and its affiliates and entity or consortium.
(b) Proposed method of disposition of
absidiaries shall be provided by the any remote-sensing satellites owned or
appplicant:
(a) The name. mailing address. operated by the applicant
telephone camber and citizenship of the In the case of an application for an
applicant and any affiliates or amendment to an existing license, only
subsidiaries, and of each director or modifications or additions to previously
owner of greater than five (5) percent submitted information need be provided.
interest. 0.7 Amendarent, wllhdrawsl. and
(b) A copy of the charter or instrument ? ~ 96~ of ant w h an app N r by which the applicant was formed and (a) B information in an application
authorized to do business. U the becomes materially inaccurate or
applicant a corporation the its charter incomplete after it is filed but before the
shall b be e is certified by by the Secretary of
a
State or other appropriate authority of license application proceeding is
the jurisdiction in which incorporated. completed the applicant must promptly
(c) The name. address. and telephone file an amendment that contains the
number of a person upon whom service corrected or additional information. The
of all documents may be made. applicant should follow the procedures
(d) Adequate operational information specified in section 960.5 for an.originel
regarding the applicant's remote-sensing filing.
space system on which to base review (b) If the Administrator determines
to ensure compliance with national that any amendment constitutes a major
security and international requirements and substantial change to the
including, applicant's original proposal. the
(1) The date of intended Administrator may.
commencement of operations and the (1) Suspend the time deadlines
expected duration of such operations: prescribed in the Act and these
(2) The method of launch. and the regulations for processing the
name and location of the operator of the application, pending review of the
launch vehicle and the lanuch site: amendment: or
(3) The range of orbits and altitudes (2) Require the applicant to submit a
requested for authorized operation: new license application.
(4) The range of spatial resolution or (c) An applicant may withdraw an
instantaneous field of view requested: application at any time before the
and license application review is completed
(5) The spectral bands requested for of withdrawal e erring or tmailing
hel Administrator. notice
authorized operation.
(e) The applicant's intended data (d) The Administrator shall terminate
acquisition and distribution plans. , review of a license application It
Including. (1) The application is withdrawn
(1) Plans for data transmission to the before the decision approvtng or
ground: denying it is issued: or
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
Federal Register / Vol. 51, No. 58 / Monda;, March 24, 1988 I Proposed Rules
(2) The applicant. after written notice
by the Administrator pursuant to
4 960.9(c), does not provide adequate
additional information to complete the
application within the time stated in the
written notice and the Administrator
elects to disapprove the application
under 4 900.10(b).
4 960.6 Conedenttaltty of Informatlon.
(a) Any person who submits
information pursuant to this part.
considered to be a trade secret, or
commercial or financial information that
is privileged or confidential, may
request in writing that the Information
be given confidential treatment. Such
request should:
(1) Be submitted at the time of
submission of the information: and
(2) State the period of time for which
confidential treatment is desired (e.g.,
until a certain date, or until the
occurence of a certain event, or
permanently).
(b) Information for which confidential
treatment is requested must be clearly
marked with a legend such as
"Proprietary Information" or
"Confidential Treatment Requested."
Where such marking proves
impracticable. a cover sheet containing
such legend must be securely attached.
(c) If a request for confidential
treatment is received after the
information itself is received, NESDIS
will try to associate the request with
copies of the information. but cannot
guarantee that such efforts will be
effective.
(d) Any request for confidential
treatment may include a written
justification, stating why the information
is a trade secret, or commercial or
financial information that is privileged
or confidential, and describing:
(1) The commercial or financial nature
of the information;
(2) The nature and extent of the
competitive advantage enjoyed as e
result of possession of the information;
(3) The nature and extent of the
competitive harm that would result from
public disclosure of the informatiop;
(4) The extent to which the
information has been disseminated to
employees and contractors of the person
submitting the information;
(5) The extent to which persons other
than the person submitting the
information possess, or have access to,
the same information: and
(6) The nature of the measures that
have been and are being taken to
protect the information from disclosure.
(e) Request for disclosure.
(1) Requests for disclosure of
information submitted, reported. or
collected pursuant to this part shall be
In accordance with 15 CFR 903.7.
(2) NOAA will not usually determine
whether confidential treatment is
warranted until it receives a request for
disclosure of the informtion, unless it
would encourage the submission of
information not required to be submitted
under this part.
(3) Upon receipt of a request for
disclosure of information for which
confidential treatment has been
requested, the Administrator will notify
immediately the person who submitted
the information and:
(i) Inform such person of the date'y'
which NOAA must determine whether
confidential treatment is warranted in
order to comply with the request for
disclosure (usually within 10 working
days of receipt of the request); and
(ii) Inquire whether such person
continues to request confidential
treatment.
(4) If the person waives or withdraws
a request for confidential treatment in
full or in part. the person is strongly
encouraged to deliver to NOAA a
written statement to that effect. If the
person confirms the request for
confidential treatment, such person is
strongly encouraged to deliver to NOAA
a written statment is sufficient time for
NOAA to fully consider it in making iti
formal determination (generally, not
later than the close of business on the
fourth working day after being notified
under paragraph (e)(3) of this section.
Such statment may:
(i) Address the issues listed in
paragraph (d) of this section, describing
the basis for believing that the
information is deserving of confidential
treatment, if such a statement was not
previously submitted;
(ii) Update or supplement any
statement previously submitted under
paragraph (d) of this section; and
(iii) Present arguments against
disclosure of the information.
(5) To the extent permitted by
applicable law, part or all of any
statement submitted under this section
will be treated as confidential if so
requested by the person submitting the
response.
4 960.9 Review procedurse.
(a) The Administrator shall
immediately forward a copy of any
application or a summary thereof to the
Department of Defense, the Department
of State, and any other federal agencies
determined to have a substantial
interest In the proposed activity, such as
the National Aeronautics and Space
Administration, and the Department of
Transportation. The Administrator shall
advise such agencies of the deadline
prescribed by paragraph (b) of this
section to require additional information
from the applicant.
(b) Within 21 days after the receipt of
an application. the Administrator shall
determine whether the application
appears to contain all of the information
required by Subpart B of these
regulations. In making this
determination the Administrator shall
consider timely comments provided by
the federal agencies consulted under
paragraph (a) of this section.
(c)1f the Administrator determines
that all of the required information is not
contained in the application, the
Administrator may require by written
notice to the applicant. that the
applicant file further information,
analysis. or explanation..
(d) If the Administration requires
further information under paragraph (c)
of this section, the time limitations
prescribed by sectin 401(c) of the Act do
not begin to run until the date on which
the Administrator determines that the
application appears to be complete and
so notifies the applicant.
(e) Within sixty days of receipt of a
complete application, each federal
agency consulted under paragraph (a) of
this section shall recommend approval
or disapproval of the application. If an
agency recommends disapproval. it shall
state why it believes the application
does not comply with any law or
regulation within its area of
responsibility and how it believes the
application may be amended or the
license conditioned to comply with the
law or regulation in question.
1960.10 Timely approval or dental of
application and Issuance of Icens..
(a) The Administrator shall approve
or deny a complete application as soon
as practicable. If final action has not
occurred within one hundred and
twenty days agter receipt, the
Administrator shat inform the applicant
of any pending issues and of actions
required to resolve them.
(b) If the Administrator denies the
application. he or she shall provide the
applicant with a concise statement in
writing of the reasons therefor. Within
30 days after receipt of a notice of
denial, the applicant may appeal by
written notice to the Administrator and
may request either an informal hearing
or a formal hearing to be held in
accordance with the procedures set
forth at 15 CFR Part 904. Subpart C.
(c) As soon as practicable after the
close of a hearing or. In the case of a
formal hearing, the issuance of a
recommended decision by the
Administrative Law judge, the
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699RO01100660062-8
W/n reaeral Megister / vol. Si, NJo. 5o / 11 arch 24, 1V I rw osed Rules
immediate termination of some or all
licensed activities under paragraph (c)
or unless the licensee requests a hearing
under paragraph (b) of this section.
The NOLS also may propose to assess
a civil penalty in accordance with
1960.15.
(b) Within 30 days after receipt of the
NOLS. the licensee may request a
hearing by serving a written request on
the Administrator either in person or by
certified or registered mail, return
receipt requested. at the Address
specified in the NOIS. Such hearing
shall be held in accordance with the
procedures set forth at 15 CFR Part 904.
Subpart C.
(c) If the Administrator determines
that the licensee has substantially failed
to comply with any provision of the Act.
these regulations, or with term,
condition, or restriction of the license.
the NOIS will include a finding to this
effect and may require immediate
termination of some or all licensed
operations. Any request for a hearing
under paragraph (b) of this section will
not delay immediate termination under
this paragraph.
1960.15 Ctvp penattles.
Section 403(a)(3) of the Act authorizes
the Administrator to assess civil
penalties of up to $10,000 for any
violation of any requirement of the Act,
these regulations or any term or
condition of a license. Each daj of
operation in violation constitutes a
separate violation. Such penalties will
be assessed in accordance with the
procedures set forth at 15 CFR Part 904,
Subpart B.
f 960.16 Seizure.
(a) If the Administrator determines
that there is probable cause to believe
that any object. record, or report was
used. is being used or is likely to be used
in violation of the Act, these regulations
or the requirements of any license, the
Administrator may seize any such item
and issue the licensee a Notice of
Seizure (NOS) containing:
(1) A description of the object. record,
or report seized;
(2) A concise statement of the facts
believed to show use or possible use in
a violation; and
(3) A specific reference to the
provisions of the Act, regulation, or
license allegedly vilolated.
Within 30 days after receipt of a NOS.
the licensee may request a hearing by
serving a written and dated request on
the Administrator either in person or by
certified or registered mail, return
receipt requested, at the address
specified in the notice. Such hearing
shall be held in accordance with the
procedures set fort 15 CFR Part 004.
Subpart C. For good cause shown, the
Administrator may in his or her sole
discretion return the seized item pending
the outcome of the hearing.
(FR Doc. 86-6199 Filed 3-21-88: 8:45 am)
lsilaq COOS !61045-e
(26 CFR Part 1 and 602)
LR-19-80
Unisex Annuity T
Treasury.
ACTtost Notice of propos
RUM ARY: This document co sins
prop Jed regulations relating the
ennui tables used to compute e
portion f the amount received as n
annuity at is includible in gross
income. estions have arisen
concerning a gender distinction in th
existing tab! and the outdated
mortality exp 'ence upon which those
tables are base . These regulations
would affect tax ayers receiving
for which they hav aid premiums or
other consideration d provide them
with the guidance n ed to determine
the amount includible gross income
with respect to such co tracts. This
document also contains roposed
regulations relating to th computations
necessary to determine amount
excludable from an emplo e's gross
income by allocation of con 'butions
when the actual employer c tributions
are not known. This documen also
proposes to remove certain re ations
relati to defined benefit plena at
provi d benefits for employees o
were e er self-employed or a
ahareh der-employee.
DATER ritten comments and reques
fora pub c hearing must be delivered
mailed byVay 8. 198& The amendmenti
to 11' 1.72
1.72-
9, and are proposed to
effective on') y 1, 1988, and tobae
pply to
amounts recei d
as an annuity after
June 30, 1988. In
ddition, the proposed
amendments to 1 .72-6 include
transitional rules a
licable to amounts
received under con
cts in which an
amount is invested be
re July 1, 1988.
The amendments to f (b)-1
1. -7
(d)(4)(iv) are proposed to
taxable years beginning aft
July 1.
1986. The removal of If 1.401(a)-18 and
1.401W -1 -6 Is proposed td . be
eRectlva tot are beginning after
December 31. lttttq.
h.oo t Send comet is and requests
for a public hearing con ing the
proposed amendments re pg to the
annuity tables to: Commis) or of
Internal Revenue. Attention: LR:T
(LR-10-80J. Washington. DC 202
Send comments and requests fo
tic hearing concerning IRC sectio
Rave e. Attention: CC:LR:T:EE-114-82,
Wash' on. DC 20224.
F0" INFORMATION CONTT:
For furthe' ormation concerning the
proposed ame eats relating to the
annuity tables cfttact: Annette J.
Guarisco of the elation and
Regulations Divisio Office of Chief
Counsel. Internal Re ue Service. 1111
Constitution Avenue. NT.. Washington,
DC 20224 (Attention: CC. :T).
Telephone [phone] ( t a toll-free
call).
For further information con ming
IRC SECTIONS 401(a)(18), 401 or
403(b) CONTACT: Monica Rose um
of the Employee Plans and Exemp
Organizations Division. Office of Ch f
unsel. Internal Revenue Service, 11
stitution Avenue, NW.. Washington,
224 (Attention: CC:LR:T:EE-114-
82). lephone 202-,5864422 (not a toll-
free c ).
f NTARY INFORMATION:
Backgro
This doc nt contains proposed
amendments t the income Tax
Regulations (28 Part 1) and the
Table of OMB )Vol Numbers (26 CFR
Part 602). The pro p d amendments
would update and g er-neutralize the
annuity tables used to X termine the
exclusion ratio applicab to amounts
received as annuities un annuity,
endowment, or life insurers contracts.
Section 72 permits a taxpaye o exclude.
from gross income that part of y
amount received as an annuity hick
bears the same ratio to such amount as
the investment in the contract as of the
annuity starting date bears to the
expected return under the contract as of
uch date. If the expected return
Pp
ends in whole or in part on the life
e ectancy of one or more Individuals,
the tatute requires that the expected
return be computed with reference to
actuarial tables prescribed by the
Secretary of the Treasury. Soon after
section 72 was enacted in 1954. the
Secretary published regulations
containing tables based on 1937
Individual annuitant mortality and
distinguished by gender. The effect of
Declassified in Part - Sanitized Copy Approved for Release 2012/02/23: CIA-RDP89M00699R001100660062-8