OMB files this
comment in accordance with 5 CFR 1320.11(c). This OMB action is not
an approval to conduct or sponsor an information collection under
the Paperwork Reduction Act of 1995. This action has no effect on
any current approvals. If OMB has assigned this ICR a new OMB
Control Number, the OMB Control Number will not appear in the
active inventory. For future submissions of this information
collection, reference the OMB Control Number provided. Resubmit
when proposed rule is finalized.
Inventory as of this Action
Requested
Previously Approved
01/31/2020
36 Months From Approved
04/30/2020
104
0
104
552
0
552
1,000
0
1,000
The Department of Commerce (Commerce),
through the National Oceanic and Atmospheric Administration (NOAA),
licenses the operation of private remote sensing space systems
under the Land Remote Sensing Policy Act of 1992. NOAA’s existing
regulations implementing the Act were last updated in 2006.
Commerce is now proposing to rewrite those regulations, as
described in detail below, to reflect significant changes in the
space-based remote sensing industry since that time and to improve
the regulatory approach overall.
US Code:
15
USC 5601 Name of Law: Land Remote Sensing Policy Act of
1992
The proposed rule is a complete
rewrite of the existing regulations. These changes reflect the
Administration’s goal to modernize the regulations and the program
in response to significant changes in the remote sensing industry
since the regulations’ last update in 2006. DOC/NOAA also seeks to
improve the regulatory approach overall. In general, these changes
are intended to reduce the burden on regulated entities. ● Creation
of a two-category framework, separating licensees into low- and
high-risk categories, with license conditions reflecting the level
of risk; ● Elimination of all license-specific interagency
consultation for low-risk applications; ● Implementing the 2017
interagency MOU dispute resolution processes and timelines; ●
Implementing a “presumption of approval” for all applicants; ●
Providing that low-risk applications must be adjudicated within 60
days (down from 120), and high-risk applications are limited to 90
days with only one possible extension; ● Replacing quarterly
audits, annual audits, baseline audits, and pre-launch
documentation requirements with a streamlined compliance document;
● Eliminating Data Protection Plans for low-risk licenses, and
replacing them for high-risk licenses with a less burdensome
requirement to protect data following NIST’s Cybersecurity
Framework; ● Eliminating the possibility of “retroactive
conditions” and “shutter control,” known in the rule as “limited
operations directives,” for low-risk systems; ● Improving
transparency and predictability of license review process and
license conditions; ● Clarifying and reducing the number of
definitions to improve regulatory responsiveness to future
developments; ● Exempting certain cameras in space used only for
mission assurance and technical purposes, such as low-resolution
cameras attached to the second stage of a rocket; and ● Clarifying
which transactions and technical changes need a license
modification, and reduces their number; collapses “foreign
agreement” review process with modification process to avoid
duplication.
$900,000
No
No
No
No
No
No
Uncollected
Tahara Dawkins 301
713-3385
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
0648-0174 Supporting Statement Part A Final.docx
Application package