30-day FRN

0648-0174 30-day 87 FR 29853 2022-0517.pdf

Licensing of Private Remote Sensing Space Systems

30-day FRN

OMB: 0648-0174

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Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices
Notification to Interested Parties
We are issuing and publishing these
amended final results of review in
accordance with sections 751(h) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: May 5, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–10567 Filed 5–16–22; 8:45 am]
BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration

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Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Capital Construction Fund
Agreement, Certificate Family of Forms
and Deposit/Withdrawal Report
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on December
28, 2021 during a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
Agency: National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
Title: Capital Construction Fund
Agreement, Certificate Family of Forms,
and Deposit/Withdrawal Report.
OMB Control Number: 0648–0041.
Form Number(s): NOAA Form 34–82,
NOAA Form 88–14.
Type of Request: Regular submission.
Revision and extension of a current
information collection.
Number of Respondents: 1,575.
Average Hours per Response: NOAA
Form 34–82, 2 hours; NOAA Form 88–
14, 2 hours; and 1.5 hours for the
Certificate Family of Forms (includes
Fishing Vessel CCF Application,
Schedule A, Schedule B, Schedule of
Tax Basis, Certificate of Construction/
Reconstruction.
Total Annual Burden Hours: 2,900.
Needs and Uses: This request is for a
revision and extension of a currently

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approved information collection. The
Merchant Marine Act of 1936, as
amended by Public Law 91–469 and
Public Law 99–514, provides for the
administration of a Capital Construction
Fund (CCF) Program by NOAA’s
National Marine Fisheries Service
(NMFS). The law requires that
applicants enter into formal Agreements
with the Secretary of Commerce. The
Agreement allows the fishermen to defer
taxable income from operation of their
fishing vessels if the money is placed
into an account to fund the
construction, reconstruction, or
replacement of a fishing vessel. The
program requirements are detailed at 50
CFR part 259. The Agreement is a
contract between the Secretary of
Commerce and the Agreement holder
specifying the obligations of each party.
Schedule A specifies the vessel which
earned the income which is eligible for
deposit in to a CCF account. Schedule
B specifies the construction, acquisition,
or reconstruction objectives planned
under the Agreement. The Certificate of
Construction/Reconstruction certifies
the total cost at completion of Schedule
B objectives.
Under a Capital Construction Fund
(CCF) Agreement, the participant cannot
deposit more than the amount specified
at 46 U.S.C. 53505. NMFS must approve
any withdrawals made before they take
place. It is essential that a reasonably
detailed record be kept of each
participant’s deposit/withdrawal
activity. If withdrawn monies are not
used for allowed purposes, the
withdrawn amount (a nonqualified
withdrawal) is considered income to the
participant in the year withdrawn and
taxed at the highest marginal tax rate for
the entity involved.
Respondents will be commercial
fishing industry individuals,
partnerships, and corporations that
entered into Capital Construction Fund
(CCF) agreements with the Secretary of
Commerce. The information collected
from applicants for the CCF Agreement
(NOAA Form 88–14) is used to
determine their eligibility to participate
in the CCF Program. The information
collected from agreement holders for the
Certificate Family of Forms is used to
identify their program eligible vessels,
their program projects, and to certify the
cost of a project at completion. The
information collected on the Deposit/
Withdrawal Report (NOAA Form 34–82)
is required to ensure that agreement
holders are complying with fund
deposit/withdrawal requirements
established in program regulations and
properly accounting for fund activity on
their Federal income tax returns. The
information collected on the Deposit/

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29853

Withdrawal Report must also be
reported semi-annually to the Secretary
of Treasury in accordance with Public
Law 115– 97.
NMFS is proposing to add an
additional form to the Certificate of
Family Forms, the Schedule of Tax
Basis, which is required upon
completion of a Schedule B project in
order to determine the remaining tax
basis of the qualified vessel.
Affected Public: Business or other forprofit organizations.
Frequency: NOAA Form 34–82
(annual); NOAA Form 88–14 (one time
when applying for program benefits);
Certificate Family of Forms (varies).
Respondent’s Obligation: Required to
obtain or retain benefits.
Legal Authority: 46 U.S.C. 535, Public
Law 115–97 and 50 CFR part 259.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0041.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–10533 Filed 5–16–22; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Licensing of Private RemoteSensing Space Systems
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing

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khammond on DSKJM1Z7X2PROD with NOTICES

29854

Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices

information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on February 8,
2022 and February 18, 2022 (correction)
during a 60-day comment period. This
notice allows for an additional 30 days
for public comments.
Agency: National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
Title: Licensing of Private RemoteSensing Space Systems.
OMB Control Number: 0648–0174.
Form Number(s): None.
Type of Request: Regular (revision
and extension of a current information
collection).
Number of Respondents: 100.
Average Hours per Response: 15
hours for the submission of a license
application; 1 hour each for the
submission of a license amendment,
notification of disposal of on-orbit
component, notification of detection of
anomaly, and notification of financial
insolvency or dissolution; 2 hours each
for notification of launch or deployment
of spacecraft and the annual compliance
certification; 20 minutes for the Initial
Contact Form; 10 minutes for the Data
Availability Notification; and 15
minutes for the Licensee Notification
Form.
Total Annual Burden Hours: 388.
Needs and Uses: This is a request for
revision and extension of an approved
information collection.
The Department of Commerce (DOC),
through the National Oceanic and
Atmospheric Administration (NOAA)
Commercial Remote Sensing Regulatory
Affairs (CRSRA), has the authority to
regulate private space-based remote
sensing under the Land Remote Sensing
Policy Act of 1992, 51 U.S.C. 60101 et
seq. (the Act) and regulations at 15 CFR
part 960. The regulations facilitate the
development of the U.S. private remote
sensing industry and thus promote the
collection and widespread availability
of remote sensing data, while preserving
essential U.S. national security interests
and observing international obligations.
Applications are made in response to
the requirements in the Act, as
amended, and NOAA sends applicants
an Application Guide, which walks the
applicant through the application
questions and criteria listed in
Appendix A to 15 CFR part 960. The
application information received is used
to determine if the applicant meets the
legal criteria for issuance of a license to
operate a private remote sensing space
system, i.e., the proposed system will be
operated in accordance with the Act,

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U.S. national security concerns and
international obligations. Application
information includes information about
the applicant (such as corporate
information), the launch dates of any
components going to space, and
technical specifications of all
components (especially the components
in space that are capable of collecting
imagery data).
If a licensee wishes to modify its
license, either to reflect changes in its
business practices or technical changes
to its system, or to request different
license conditions, it may submit such
a request to CRSRA and explain why the
change is sought. CRSRA needs this
information to be able to keep licenses
accurate and to respond to the regulated
community’s needs.
Licensees are required to notify
CRSRA when a spacecraft launches or
deploys; upon disposal of an on-orbit
component of the licensed system; upon
detection of an anomaly; and upon the
licensee’s financial insolvency or
dissolution. This information is critical
to fulfilling one of the United States’ key
international obligations, which is to
authorize and continually supervise
U.S. nationals’ activities in space.
CRSRA, therefore, must be notified
when spacecraft are deployed and
disposed of so that CRSRA can
supervise the space activities of U.S.
nationals. Similarly, anomalies may
indicate loss of control of a spacecraft,
so CRSRA must monitor any anomalies
to meaningfully supervise the activities
of U.S. nationals in space. Finally, the
financial insolvency or dissolution of a
licensee may indicate that a change in
control of the spacecraft will follow,
because an insolvent licensee may go
through a bankruptcy process that might
put the licensed system’s ownership in
question. It is critical that CRSRA be
able to intervene as early as possible in
this process so that a sensitive system
does not pass into the ownership of an
entity who might jeopardize national
security or international obligations.
CRSRA will require licensees to
submit an annual compliance
certification, which requires the
licensee to verify that all facts in the
license remain true. Facts that must be
verified in this certification include the
technical specifications of the system
and other foundational facts that CRSRA
relies upon in reviewing license
applications. This information is critical
to ensuring that only those entities who
are legally fit to obtain a license do so.
NOAA is proposing to add three
additional forms to this information
collection. The optional information is
being collected to reduce the total
paperwork required to support

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regulation of the private space-based
remote sensing industry, which involves
(1) determining whether an applicant is
required to apply for a license; (2)
comparing the capabilities of remote
sensing systems to other foreign and
domestic remote sensing systems; and
(3) recording important events in the
lifecycle of licensed systems.
The optional Initial Contact Form
(ICF) information includes contact
information and general remote sensing
system information. The ICF may be
submitted electronically through the
NOAA website prior to the submission
of a full application. The ICF
information received is used to
determine if the applicant is required to
submit a full application for the
issuance of a license to operate a private
remote sensing space system i.e., the
proposed system falls under the
authority defined in the Act and the
regulations. If NOAA determines after
reviewing the ICF that an application is
not required, the potential applicant
will save 40–50 hours of paperwork by
not submitting the application.
Additionally, the ICF gives NOAA the
opportunity to provide early feedback
and guidance on an application
package, lowering the likelihood of
time-consuming rewrites and edits to an
application before it can be deemed
complete. Therefore, the ICF can save
significant time for industry and private
entities, as well as government time.
The optional Data Availability
Notification (DAN) information includes
contact information and general data
availability information. The DAN may
be submitted electronically through the
NOAA website during the application
process, while an applicant holds a
license, or by any interested party. The
DAN information received is used to
help determine the availability of
unenhanced data from a foreign or
domestic remote sensing system, which
may then be compared to unenhanced
data produced by an applicant’s system
for the purpose of adjusting the
conditions and/or restrictions in a
license. The DAN form ensures that
only required information is submitted,
thereby reducing unnecessary
paperwork and/or follow-up
correspondence.
The optional Licensee Notification
Form (LNF) information is not a new
information collection, but is instead an
optional form that streamlines the
reporting of the four Notifications
described above. The LNF form includes
contact information and the option to
report one of four types of events,
including (1) the launch or deployment
of a system component; (2) the disposal
of a system component; (3) the detection

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Federal Register / Vol. 87, No. 95 / Tuesday, May 17, 2022 / Notices
of an anomaly in a system; and (4) the
financial insolvency of the licensee. The
existing IC already allows for the
collection of this information, the
collection of which is required by
statute and regulations. The LNF will
ease the burden on licensees when
reporting this already-required
information. The LNF may be submitted
electronically through the NOAA
website throughout the term of a
license. The LNF information received
is used to record events in the lifecycle
of the system and to help determine if
modifications to a license are required.
The LNF ensures that only required
information is submitted, thereby
reducing unnecessary paperwork and/or
follow-up correspondence.
Affected Public: Business or other forprofit organizations.
Frequency: Once per year.
Respondent’s Obligation: Voluntary.
Legal Authority: Land Remote Sensing
Policy Act of 1992, 51 U.S.C. 60101 et
seq; and 15 CFR part 960—Licensing of
Private Remote Sensing Space Systems.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0174.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–10586 Filed 5–16–22; 8:45 am]
BILLING CODE 3510–HR–P

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COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Request
a New Collection: Qualification
Information for Candidates to Advisory
Committees and Subcommittees
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is announcing an opportunity

SUMMARY:

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for public comment on the proposed
collection of qualification information
for advisory committee and
subcommittee candidates by the agency.
Under the Paperwork Reduction Act
(‘‘PRA’’), Federal agencies are required
to publish notice in the Federal Register
concerning each proposed collection of
information, and to allow 60 days for
public comment.
DATES: Comments must be received on
or before July 18, 2022.
ADDRESSES: You may submit comments,
identified by subject matter
‘‘Qualification Information for
Candidates to Advisory Committees and
Subcommittees,’’ and by any of the
following methods:
• The Agency’s website, at http://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
Please submit your comments using
only one method. All comments must be
submitted in English, or if not,
accompanied by an English translation.
Comments will be posted as received to
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Michelle Ghim, Legal Division,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1151 21st Street NW, Washington, DC
20581; (202) 418–5667; email: FACA@
cftc.gov.
Under the
PRA, 44 U.S.C. 3501 et seq., Federal
agencies must obtain approval from the
Office of Management and Budget
(‘‘OMB’’) for each collection of
information they conduct or sponsor.
‘‘Collection of Information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR 1320.3
and includes agency requests or
requirements that members of the public
obtain or report information. Section
3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), requires Federal agencies
to provide a 60-day notice in the
Federal Register concerning each
proposed collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice of the proposed collection of
information listed below. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it

SUPPLEMENTARY INFORMATION:

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displays a currently valid OMB control
number.1
Title: ‘‘Qualification Information for
Candidates to Advisory Committees and
Subcommittees.’’ This is a request for a
new OMB control number.
Abstract: The CFTC’s advisory
committees were created to provide
input and make recommendations to the
Commission on a variety of regulatory
and market issues that affect the
integrity and competitiveness of U.S.
derivatives markets. The committees
facilitate communication between the
Commission and U.S. derivatives
markets, trading firms, market
participants, and end users. The CFTC
currently has five advisory committees.
The Energy and Environmental Markets
Advisory Committee was established by
the Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law
111–203, and subsequently codified in
the Commodity Exchange Act, 7 U.S.C.
1 et seq., at 7 U.S.C. 2(a)(15), and is not
subject to the Federal Advisory
Committee Act (FACA), Public Law 92–
463 codified as 5 U.S.C. App. 2. The
Agricultural Advisory Committee,
Global Markets Advisory Committee,
Market Risk Advisory Committee, and
the Technology Advisory Committee are
discretionary committees under the
FACA. The Commission also establishes
subcommittees that report to advisory
committees as needed. Advisory
committee and subcommittee members
are generally representatives, but
depending on the issues to be
addressed, the Commission will appoint
special government employees and
officials from other federal agencies
from time to time. Representatives
provide the viewpoints of entities or
recognizable groups, and they are
expected to represent a particular and
known bias. On the other hand, special
government employees are expected to
provide their own independent
judgment in committee deliberations
and are expected to discuss and
deliberate in a manner that is free from
conflicts of interest.2 Advisory
committee and subcommittee members
generally serve 2, 3 or 4-year terms, and
appointments are made following the
establishment of a new subcommittee or
as committee or subcommittee
vacancies arise.
The CFTC identifies candidates for
advisory committee and subcommittee
membership through a variety of
methods, including public requests for
nominations; recommendations from
existing advisory committee members;
1 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8
(b)(3)(vi).
2 18 U.S.C. 202(a).

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