83 FR 51929 - Notice of Findings Regarding Non-U.S. Commercial Availability of Satellite Imagery With Respect to Israel

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 199 (October 15, 2018)

Consistent with the requirement that commercial remote sensing licensees operate their systems in a manner that protects national security concerns, foreign policy and international obligations, Section 1064, Public Law 104-201, (the 1997 Defense Authorization Act), referred to as the Kyl-Bingaman Amendment, requires that ``[a] department or agency of the United States may issue a license for the collection or dissemination by a non-Federal entity of satellite imagery with respect to Israel only if such imagery is no more detailed or precise than satellite imagery of Israel that is available from commercial sources.'' Pursuant to this law, the Department of Commerce will make findings as to the level of detail or precision of satellite imagery of Israel available from commercial sources. The Department has found that imagery over Israel is not readily and consistently available in sufficient quantities from non-U.S. sources at under the 2 m Ground Sample Distance (GSD) resolution limit currently set by the Department; therefore, the Department is not changing this resolution limit.

[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Notices]
[Page 51929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22366]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Findings Regarding Non-U.S. Commercial Availability of 
Satellite Imagery With Respect to Israel

ACTION: Notice.

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SUMMARY: Consistent with the requirement that commercial remote sensing 
licensees operate their systems in a manner that protects national 
security concerns, foreign policy and international obligations, 
Section 1064, Public Law 104-201, (the 1997 Defense Authorization Act), 
referred to as the Kyl-Bingaman Amendment, requires that ``[a] 
department or agency of the United States may issue a license for the 
collection or dissemination by a non-Federal entity of satellite 
imagery with respect to Israel only if such imagery is no more detailed 
or precise than satellite imagery of Israel that is available from 
commercial sources.'' Pursuant to this law, the Department of Commerce 
will make findings as to the level of detail or precision of satellite 
imagery of Israel available from commercial sources. The Department has 
found that imagery over Israel is not readily and consistently 
available in sufficient quantities from non-U.S. sources at under the 2 
m Ground Sample Distance (GSD) resolution limit currently set by the 
Department; therefore, the Department is not changing this resolution 
limit.

SUPPLEMENTARY INFORMATION: This Notice informs U.S. satellite operators 
collecting imagery over Israel or with plans to collect imagery over 
Israel that current restrictions regarding data collection/
dissemination of imagery over Israel remain in place with the 
resolution limit at 2 m GSD. This Notice is consistent with the 
requirement that the Department of Commerce review non-U.S. commercial 
availability of imagery over Israel and any input from licensees or 
from the general public and publish findings of this review in the 
Federal Register.
    To determine what imagery is ``available from commercial sources,'' 
the Department looks to what ``level of imagery resolution [is] readily 
and consistently available in sufficient quantities from non-U.S. 
sources.'' Licensing of Private Land Remote-Sensing Space Systems, 71 
FR 24474, 24479 (Apr. 25, 2006). After a recent investigation and 
analysis, the Department determined that imagery over Israel is not 
readily and consistently available in sufficient quantities from non-
U.S. sources at under 2 m GSD to consider sub-2 m imagery 
``commercially available.''
    There are non-U.S. commercial sources that are capturing imagery at 
lower than the 2 m resolution limit, but very little of this imagery is 
available for sale. Further, the imagery is not easily accessible 
enough to be readily available. A customer must apply to acquire the 
imagery. Even if their application is granted and the customer is able 
to buy imagery at under 2 m, the license terms of the sale often 
restrict the customer from further disseminating the imagery. 
Therefore, the Department has determined that commercial imagery is not 
readily or consistently available from non-U.S. sources in sufficient 
quantities to be considered commercially available.
    The Department of Commerce may re-evaluate this finding in the 
future as additional information is made available.

FOR FURTHER INFORMATION CONTACT: Tahara Dawkins, Commercial Remote 
Sensing Regulatory Affairs Office, NOAA Satellite and Information 
Services, 1335 East-West Highway, Suite G-101, Silver Spring, Maryland 
20910; telephone (301) 713-3385, email [email protected].

Tahara Dawkins,
Director, Commercial Remote Sensing Regulatory Affairs.
[FR Doc. 2018-22366 Filed 10-12-18; 8:45 am]
 BILLING CODE 3510-HR-P