Licensing of Private Remote Sensing Space Systems

OMB Control No: 0648-0174	ICR Reference No: 201905-0648-005
Status: Historical Inactive	Previous ICR Reference No: 201610-0648-008
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Licensing of Private Remote Sensing Space Systems
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 07/17/2019
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/05/2019
Terms of Clearance: 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
Expiration Date	01/31/2020	36 Months From Approved	04/30/2020
Responses	104	0	104
Time Burden (Hours)	552	0	552
Cost Burden (Dollars)	1,000	0	1,000

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Abstract: 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.

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Authorizing Statute(s): US Code: 15 USC 5601 Name of Law: Land Remote Sensing Policy Act of 1992

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0648-BA15	Proposed rulemaking	84 FR 21282	05/14/2019

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title Form No. Form Name Application package License Modification Request Information When Spacecraft Becomes Operational Notification of Operational Deviation Cybersecurity Framework (High-Risk Systems only) Foreign agreements notifications (including investments) Submission of preliminary design review Notification for Planned Purges of Information Notification of Completion of Pre-ship Review Notification of the Demise of a System or Decision to Discontinue System Operations Annual Compliance Certification (Low-Risk Systems) Annual Operational Audit Orbital Debris Mitigation Standard Practices Plan Submission of critical design review Notification of Binding Launch Service Contract Notification of Financial Insolvency Semiannual Compliance Certification (High-Risk Systems) Operational Quarterly Reports

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: 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.

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Annual Cost to Federal Government: $900,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Tahara Dawkins 301 713-3385

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Common Form ICR:  No

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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:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(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;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
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.
Certification Date: 06/05/2019

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