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)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 199 (October 15, 2018)
| Page Range | 51929-51929 | |
| FR Document | 2018-22366 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 tahara.dawkins@noaa.gov. Tahara Dawkins, Director, Commercial Remote Sensing Regulatory Affairs. [FR Doc. 2018-22366 Filed 10-12-18; 8:45 am] BILLING CODE 3510-HR-P
![Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Notices 51929
Comment 3: PMS Adjustments to Pacific SUPPLEMENTARY INFORMATION: This DEPARTMENT OF DEFENSE
Pipe’s and Saha Thai’s Calculations Notice informs U.S. satellite operators
Comment 4: Sales Date Parameters of collecting imagery over Israel or with Department of the Army
Pacific Pipe’s Home Market and U.S.
Sales Programs
plans to collect imagery over Israel that
current restrictions regarding data Notice of Intent to Grant Exclusive
Comment 5: Pacific Pipe’s Fixed Overhead Patent License to Dilatant, LLC;
Costs collection/dissemination of imagery
Comment 6: Assignment of Surrogate Costs over Israel remain in place with the Kansas City, MO
to Certain Pacific Pipe Home Market resolution limit at 2 m GSD. This Notice AGENCY: Department of the Army, DoD.
Sales is consistent with the requirement that
Comment 7: Pacific Pipe’s Home Market ACTION: Notice of intent.
the Department of Commerce review
Discounts and Rebates
non-U.S. commercial availability of SUMMARY: The Department of the Army
Comment 8: Sales Date Parameters of Saha
Thai’s Home Market and U.S. Sales imagery over Israel and any input from hereby gives notice of its intent to grant
Programs licensees or from the general public and to Dilatant, LLC; a company having its
Comment 9: Saha Thai’s Duty Drawback publish findings of this review in the principle place of business at 1111 West
Adjustment Federal Register. 46th Street #45, Kansas City, MO 64112,
Comment 10: Differential Pricing Analysis an exclusive license.
To determine what imagery is
of Saha Thai’s U.S. Sales
‘‘available from commercial sources,’’ DATES: Written objections must be filed
Comment 11: Sales Date Parameters of Thai
Premium’s Home Market Sales Program the Department looks to what ‘‘level of not later than 15 days following
Comment 12: Assignment of Surrogate imagery resolution [is] readily and publication of this announcement.
Costs to Certain Thai Premium Home consistently available in sufficient ADDRESSES: Send written objections to
Market Sales quantities from non-U.S. sources.’’ U.S. Army Research Laboratory
Comment 13: Revision of Variable Names Licensing of Private Land Remote- Technology Transfer and Outreach
in Thai Premium’s Home Market Sensing Space Systems, 71 FR 24474, Office, RDRL-DPT/Annmarie Martin,
Program
VI. Recommendation 24479 (Apr. 25, 2006). After a recent Building 321 Room 113, 6375 Johnson
[FR Doc. 2018–22237 Filed 10–12–18; 8:45 am] investigation and analysis, the Rd., Aberdeen Proving Ground, MD
BILLING CODE 3510–DS–P
Department determined that imagery 21005–5425.
over Israel is not readily and FOR FURTHER INFORMATION CONTACT:
consistently available in sufficient Annmarie Martin, (410) 278–9106,
DEPARTMENT OF COMMERCE quantities from non-U.S. sources at email: ORTA@arl.army.mil.
under 2 m GSD to consider sub-2 m SUPPLEMENTARY INFORMATION: The
National Oceanic and Atmospheric imagery ‘‘commercially available.’’ Department of the Army plans to grant
Administration There are non-U.S. commercial an exclusive license to Dilatant, LLC in
sources that are capturing imagery at the field of use related to head and body
Notice of Findings Regarding Non-U.S.
lower than the 2 m resolution limit, but resistant systems incorporating rate-
Commercial Availability of Satellite
Imagery With Respect to Israel very little of this imagery is available for actuated tethers for use in automotive
sale. Further, the imagery is not easily racing applications relative to the
ACTION: Notice. accessible enough to be readily following—
available. A customer must apply to • ‘‘Rate-Responsive, Stretchable
SUMMARY: Consistent with the acquire the imagery. Even if their Devices’’, US Patent No. 9,303,717,
requirement that commercial remote application is granted and the customer Filing Date June 26, 2013, Issue Date
sensing licensees operate their systems is able to buy imagery at under 2 m, the April 5, 2016.
in a manner that protects national license terms of the sale often restrict • ‘‘Rate-Responsive, Stretchable
security concerns, foreign policy and the customer from further disseminating Devices (Further Improvements)’’, US
international obligations, Section 1064, the imagery. Therefore, the Department Patent No. 9,958,023, Filing Date March
Public Law 104–201, (the 1997 Defense has determined that commercial 1, 2016, Issue Date May 1, 2018.
Authorization Act), referred to as the imagery is not readily or consistently • ‘‘Head Restraint System Having a
Kyl-Bingaman Amendment, requires available from non-U.S. sources in Rate Sensitive Device’’, US Patent
that ‘‘[a] department or agency of the sufficient quantities to be considered Application No. 15/366,578, Filed
United States may issue a license for the commercially available. December 1, 2016.
collection or dissemination by a non- The prospective exclusive license
Federal entity of satellite imagery with The Department of Commerce may re- may be granted unless within fifteen
respect to Israel only if such imagery is evaluate this finding in the future as (15) days from the date of this published
no more detailed or precise than additional information is made notice, the U.S. Army Research
satellite imagery of Israel that is available. Laboratory receives written objections
available from commercial sources.’’ FOR FURTHER INFORMATION CONTACT: including evidence and argument that
Pursuant to this law, the Department of Tahara Dawkins, Commercial Remote establish that the grant of the license
Commerce will make findings as to the Sensing Regulatory Affairs Office, would not be consistent with the
level of detail or precision of satellite NOAA Satellite and Information requirements of 35 U.S.C. 209(e) and 37
imagery of Israel available from Services, 1335 East-West Highway, CFR 404.7(a)(1)(i). Competing
commercial sources. The Department Suite G–101, Silver Spring, Maryland applications completed and received by
has found that imagery over Israel is not
khammond on DSK30JT082PROD with NOTICES
20910; telephone (301) 713–3385, email the U.S. Army Research Laboratory
readily and consistently available in tahara.dawkins@noaa.gov. within fifteen (15) days from the date of
sufficient quantities from non-U.S. this published notice will also be
sources at under the 2 m Ground Tahara Dawkins, treated as objections to the grant of the
Sample Distance (GSD) resolution limit Director, Commercial Remote Sensing contemplated exclusive license.
currently set by the Department; Regulatory Affairs. Objections submitted in response to
therefore, the Department is not [FR Doc. 2018–22366 Filed 10–12–18; 8:45 am] this notice will not be made available to
changing this resolution limit. BILLING CODE 3510–HR–P the public for inspection and, to the
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Document Created: 2018-10-13 10:04:04
Document Modified: 2018-10-13 10:04:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| 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] | |
| FR Citation | 83 FR 51929 |
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