47388 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules

livestock products, (milk, eggs, wool,

etc.).

(B) When the lender requesting the

guarantee needs the subordination of

the Agency’s lien position to maintain

its lien position when servicing or

restructuring.

(C) When the lender requesting the

guarantee is refinancing the debt of

another lender and the Agency’s

position on real estate security will not

be adversely affected.

(vi) The Agency may subordinate its

security interest in chattels and real

estate, or both to permit a Contract of

Guarantee—Line of Credit to be

advanced for annual operating needs in

accordance with §1980.175 (c)(2) only

when the following conditions are met:

(A) The value of the total security for

the direct loan or loans exceeds the total

unpaid balance of the direct loan that it

secures by at least 25 percent of the

amount of the proposed line of credit

after the subordination.

(B) The applicant cannot obtain

sufficient credit through a conventional

guaranteed loan.

(C) The subordination is limited to a

specific amount.

(D) The loan funds will not be used

in such a way that will contribute to

erosion of highly erodible land or

conversion of wetlands for the

production of an agricultural

commodity according to part 1940,

subpart G of this chapter.

(E) The borrower has not been

convicted of planting, cultivating,

growing, producing, harvesting or

storing a controlled substance under

Federal or State law. ‘‘Borrower’’ for

purposes of this provision, specifically

includes an individual or entity

borrower and any member stockholder,

partner, or joint operator, of an entity

borrower and any member, stockholder,

partner, or joint operator of an entity

borrower. ‘‘Controlled substance’’ is

defined at 21 CFR part 1308. The

borrower will be ineligible for a

subordination for the crop year in which

the conviction occurred and the 4

succeeding crop years. Applicants must

attest on the Agency application form

that it and its members, if an entity,

have not been convicted of such a

crime.

(F) No subordination will exist in

favor of another creditor on the same

security.

(G) The subordination is not in favor

of another USDA agency.

(H) Any stock required in connection

with the loan secured by the

subordinated security will be assigned

to the Agency.

(I) The borrower can document the

ability to repay the total amount due

under subordination and pay all other

debt payments scheduled for the subject

operating cycle.

(J) The borrower will complete an

application provided by the Agency to

receive consideration for a

subordination, and

(K) The lienholder requesting the

subordination will agree to give notice

of foreclosure as required by the

Agency.

* * * * *

(d) Relationship between Agency

loans, direct and guaranteed. A

guaranteed FO or OL loan may be made

to an insured borrower with the same

type of direct loan provided:

(1) The outstanding combined direct

and guaranteed FO or OL principal

balance owned by the loan applicant or

owed by anyone who will sign the note

as cosigner may not exceed the

authorized guaranteed loan limit for that

type of loan.

(2) Chattel and real estate collateral

must be separate and identifiable so as

to be discernible from the collateral

pledged to the Agency for a direct loan.

Different lien positions on real estate are

considered separate and identifiable

collateral.

7. Section 1980.175 is amended to

add paragraph (h)(3) as follows:

§1980.175 Operating Loans.

* * * * *

(h) Special security requirements. (1)

* * *

(3) Subject to the requirements of this

section, the Agency may approve a

Contract of Guarantee for a line of credit

to be secured by basic chattel or real

estate security in which the Agency has

subordinated its lien position in

accordance with § 1980.108.

* * * * *

Signed in Washington, DC, on September

2, 1997.

Dallas Smith,

Acting Under Secretary for Farm and Foreign

Agricultural Services.

Jill Long Thompson,

Under Secretary for Rural Development.

[FR Doc. 97–23750 Filed 9–8–97; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 911

[Docket No. 970725178–7178–01]

Policies and Procedures Regarding

Use of the NOAA Space-Based Data

Collection Systems

AGENCY: National Oceanic and

Atmospheric Administration,

Department of Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA)

proposes regulations revising its

policies and procedures for authorizing

the use of its space-based Data

Collection Systems which operate on

NOAA’s Geostationary Operational

Environmental Satellites (GOES) and

Polar-orbiting Operational

Environmental Satellites (POES). These

proposed regulations revise the current

policy on the use of the GOES Data

Collection System (DCS), and formalize

a new policy for the use of the Argos

Data Collection and Location System

(Argos DCS) which flies on the POES.

The regulations are intended to

harmonize, as much as practicable, the

system use policies for the two systems

which in the past have been disparate.

The fundamental principle underlying

these regulations is that the Government

will not allow its space-based data

collection systems to be used where

there are commercial services available

that fulfill users’ requirements.

DATES: Comments must be received by

November 10, 1997.

ADDRESSES: Comments should be sent to

Mr. Dane Clark, NOAA National

Environmental Satellite, Data, and

Information Service, Direct Services

Division (E/SP3), 4700 Silver Hill Road,

Stop 9909, Room 0158, Washington,

D.C. 20233–9909.

FOR FURTHER INFORMATION CONTACT:

Dane Clark at (301) 457–5678, e-mail:

satinfo@nesdis.noaa.gov or Kira Alvarez

at (301) 713–0053, e-mail:

Kira.Alvarez@noaa.gov.

SUPPLEMENTARY INFORMATION: NOAA

operates environmental data collection

systems on its GOES and on its POES.

The GOES DCS consists of: U.S.

Government instruments on NOAA

geostationary satellites; user Data

Collection Platforms (DCP); data receipt

and data dissemination systems. With

the exception of the DCP, which are

managed by the individual users, the

GOES DCS is managed by NOAA. The
Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules 47389

data collection system on the POES is

provided through a cooperative program

with the Centre National d’Etudes

Spatiales (CNES), the French national

space agency. This system, which is

known as the Argos Data Collection and

Location System (Argos DCS), is

managed by NOAA and CNES jointly

and consists of: Instruments provided

by CNES, which are flown aboard

NOAA polar-orbiting satellites; user

platform transmitter terminals; and

global data receipt and data processing

centers. Argos instruments are also

scheduled to fly on Japanese and

European polar-orbiting satellites.

Both the GOES DCS and the Argos

DCS are operated to support

environmental applications, e.g.,

meteorology, oceanography, hydrology,

ecology, and remote sensing of Earth

resources. In addition, the Argos DCS

currently supports applications related

to protection of the environment, e.g.,

hazardous material tracking, fishing

vessel tracking for treaty enforcement,

animal tracking, and oil and gas

pipeline monitoring to prevent leakage.

Presently, the majority of users of these

systems are government agencies and

researchers and, in fact, much of the

data collected by both the GOES DCS

and the Argos DCS are provided to the

World Meteorological Organization via

the Global Telecommunications System

for inclusion in the World Weather

Watch Program.

The GOES DCS was established in

1974 to obtain data from remote

locations which were required for the

effective management of programs by

the NOAA. Given that the capacity of

this system could more than provide for

all of NOAA’s requirements, NOAA,

through its regulations, currently in

effect, made the excess capacity of the

GOES DCS available to non-NOAA

users (46 F.R. 48634, as amended at 51

F.R. 3465). These non-NOAA users

include Federal and state agencies or

local governments, as well as private

persons and firms and foreign

government agencies whose use of the

system supports a program of a U.S.

agency.

While no similar regulations were

published concerning the Argos DCS, in

March 1992, NOAA made a small

portion, i.e., less than five percent of

system capacity, available for nonenvironmental use. This policy was

announced in the Commerce Business

Daily on March 2, 1992, and was

consistent with the U.S. Commercial

Space Guidelines of 1991 which

encouraged government agencies to

promote commercial entities’ access to

excess U.S. space-based assets in order

to facilitate the growth of the emerging

U.S. commercial space industry. This

policy of allowing the nonenvironmental use of up to five percent

of the system’s capacity successfully

allowed commercial developers of

space-based data collection systems to

access an operational space-based

system to help develop, but not

implement, their nascent services.

In 1996, NOAA recognized that a

commercial industry was starting to

emerge in the area of data collection and

location services (e.g., Mobile Space

Services). Guided by the U.S.

Government’s long-standing policy

against competing with the private

sector, NOAA in October 1996 (61 Fed.

Reg. 52775) announced that it would no

longer promote the use of the Argos DCS

for commercial non-environmental

applications.

NOAA, moreover, has been eager to

explore new opportunities for meeting

mission requirements that are presented

by the development of private spacebased data collection systems. To

explore these opportunities, NOAA

initiated a dialogue between users of the

systems and both public and private

sector service providers by hosting a

public meeting in December 1996. This

meeting brought together more than 100

individuals representing current and

planned space-based data collection

service providers and users to present,

discuss and document pertinent

information necessary to reevaluate and

reexamine government practice and

policy.

As demonstrated at the public

meeting, there are operational and soonto-be operational commercial data

collection systems. However, the

government users of the current NOAAprovided systems require a

demonstrated operational capability

from the private sector service providers

before contemplating a change away

from these government-provided

systems. Based on the presentations,

both oral and written, made at the

public meeting, the commercial

providers are currently unable to

provide such a capability to the vast

majority of government users.

Consequently, there is still a need for

the government to provide a data

collection system for government use

until such a time as the government’s

requirements can be met by the

commercial sector. However, given the

evolving state of the commercial

industry, government users must take

into account the progress and

development of these commercial

systems. As a result, any new system

use policy should be focused on

meeting the requirements of the

government users, while also

encouraging them to canvass the

commercial marketplace on a periodic

basis.

The participants expressed interest in

the issuance of new consolidated

regulations that clarify the system use

policies for the Argos DCS and the

GOES DCS. The participants indicated

that new regulations establishing a clear

set of criteria for allowing access to the

government systems would accord them

the predictability and transparency

necessary to make rational business

decisions.

Major Revisions

These proposed regulations would

revise the existing regulations to include

the Argos DCS under the regulatory

regime that previously only governed

the GOES DCS. To the greatest extent

possible, the proposed regulations

would treat the two systems the same.

However, due to the distinct nature of

each system and its uses, it was not

possible to harmonize every aspect of

system regulation. In particular, the

system priorities are separate and

distinct for the two systems. Also, the

authorized users and uses are different.

For both systems an important

prerequisite in reviewing applications

for use is that there be no commercial

space-based services available which

meet the users’ requirements in terms of

satellite coverage, accuracy, data

throughput, platform power

consumption, size and weight, service

continuity and reliability, platform

compatibility and, in the case of

government agencies, cost-effectiveness.

The GOES DCS can only be used for

environmental purposes while the

Argos DCS can be used for

environmental and some very limited

non-environmental purposes. The nonenvironmental use of the Argos system

is primarily authorized for government

users, for such applications as

humanitarian cargo tracking, or for

national security purposes. Nongovernmental use of the Argos system

would be curtailed, and a prerequisite

that there be a government interest in

the collection of the data would be

added. This prerequisite is similar, but

not the same, as the current GOES

sponsorship requirement. In addition to

government users only non-profit users

may be allowed to use the Argos DCS

for non-environmental uses, except in

cases where there is a significant

possibility of the loss of life. However,

at no time will non-environmental use

of the Argos DCS exceed five percent of

the system’s total use. This is a

reduction from current practice which

allows up to five percent of the system’s

capacity to be used for non-
47390 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules

environmental data collection. Tying

the upper limit for non-environmental

use of the system to a percentage of

actual system use rather than ‘system

capacity’ substantially reduces the

allowance for such use of the system.

The term of system use agreements

would has be shortened: For use of the

GOES system, the term would be

reduced from 10 years to 5 years; for use

of the Argos System, the term would be

reduced from a maximum of 5 years to

a maximum of 3 years. This would be

done to ensure that users will

periodically canvass the marketplace to

determine whether commercial services

have developed the capabilities to meet

their requirements. The chart in Annex

1 to this proposed regulation maps out

the system use policy for the Argos DCS

and has been included to help users

understand these regulations.

Another major revision to the existing

regulations is that the former

complicated proprietary information

section would be eliminated. Protection

of proprietary information would be in

accordance with the Freedom of

Information Act 5 U.S.C. § 552, and the

Departmental procedures for

compliance with that statute (see 15

CFR 4). The existing provisions were

promulgated in 1981 when the GOES

DCS was first opened up to private

users. At the time, it was anticipated

that these private users might be

transmitting proprietary data to which

they would not want their competitors

to have access. However, these

procedures were rarely used. NOAA

believes that adequate protection for

proprietary information is contained in

the Freedom of Information Act.

As a result of revising the GOES DCS

regulations to encompass use of the

Argos DCS, a definition section was

added for the purpose of clarity. This

section defines most of the relevant

terms used in the regulations, such as

government user, non-profit user,

platform user, and government interest.

Classification

A. Regulatory Flexibility Act (5 U.S.C.

601 et seq.)

This proposed rule establishes a

process intended to promote the

development of the industry while at

the same time minimizing, as much as

practicable, any adverse impact on any

entity, large or small, which may seek

to operate data collection platforms.

Accordingly, the Assistant General

Counsel for Legislation and Regulation

of the Department of Commerce has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that the proposed rule,

if adopted, would not have a significant

economic impact on a substantial

number of small entities.

B. Paperwork Reduction Act of 1980 (44

U.S.C. 35)

This proposed rule contains

collection-of-information requirements

subject to review and approval by the

Office of Management and Budget

(OMB) under the Paperwork Reduction

Act (PRA). The proposed rule revises

collection-of-information requirements

that were previously approved by the

OMB under control number 0648–0157.

Public reporting burden for these

collections of information is estimated

to average 72 hours per response,

including the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

proposed collection of information; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on respondents, including through the

use of automated collection techniques

or other forms of information

technology. Send comments regarding

this burden estimate or any other aspect

of this collection of information to Dane

Clark, NOAA, National Environmental

Satellite, Data, and Information Service,

Direct Services Division (E/SP3), 4700

Silver Hill Road, Stop 9909, Room 0158,

Washington, D.C. 20223–9909 and to

OMB at the Office of Information and

Regulatory Affairs, Office of

Management and Budget, Washington,

D.C. 20503 (Attention: NOAA Desk

Officer). Notwithstanding any other

provision of the law, no person is

required to respond to, nor shall any

person be subject to penalty for failure

to comply with, a collection of

information subject to the requirements

of the PRA, unless that collection of

information displays a currently valid

OMB control number.

C. National Environmental Policy Act

(42 U.S.C. 4321 et seq.)

Publication of the proposed

regulations does not constitute a major

Federal action significantly affecting the

quality of the human environment.

Therefore, an environmental impact

statement is not required.

List of Subjects in 15 CFR Part 911

Scientific equipment, Space

transportation and exploration.

Dated: September 3, 1997.

Robert S. Winokur,

Assistant Administrator.

Accordingly, for the reasons set forth

above Part 911 of Title 15 of the Code

of Federal Regulations is proposed to be

revised to read as follows:

PART 911—POLICIES AND

PROCEDURES CONCERNING USE OF

THE NOAA SPACE-BASED DATA

COLLECTION SYSTEMS

Sec.

911.1 Purpose.

911.2 Scope.

911.3 Definitions.

911.4 Use of the NOAA Data Collection

Systems.

911.5 NOAA Data Collection Systems Use

Agreements.

911.6 Treatment of Data.

911.7 Continuation of the NOAA Data

Collection Systems.

911.8 Technical Requirements.

Appendix A to Part 911—Argus System Use

Policy Diagram

Authority: 15 U.S.C. 313, 49 U.S.C. 44720;

15 U.S.C. 1525; 7 U.S.C. 450b; 5 U.S.C. 552.

§ 911.1 Purpose.

These regulations set forth the

procedural, informational and technical

requirements to use the NOAA Data

Collection Systems. In addition, they

establish the criteria NOAA will employ

when making determinations as to

whether to authorize the use of its

space-based data collection systems.

The regulations are intended to facilitate

the collection of environmental data as

well as other such data which the

Government is interested in collecting,

while at the same time not

disadvantaging the development of the

commercial space-based services in this

sector. Obtaining a system use

agreement to operate data collection

platforms pursuant to these regulations

does not affect related licensing

requirements of other Federal agencies

such as the Federal Communications

Commission.

§ 911.2 Scope.

(a) These regulations apply to any

person subject to the jurisdiction or

control of the United States who

operates or proposes to operate data

collection platforms to be used with the

NOAA data collection systems either

directly or through an affiliate or

subsidiary. For the purposes of these

regulations a person is subject to the

jurisdiction or control of the United

States if such person is:
Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules 47391

(1) An individual who is a United

States citizen; or

(2) A corporation, partnership,

association, or other entity organized or

existing under the laws of any state,

territory, or possession of the United

States.

(b) These regulations apply to all

existing GOES and Argos DCS users as

well as all future applications for DCS

use.

§ 911.3 Definitions.

For purposes of this part:

Approving authority means NOAA for

the GOES DCS; and it means the Argos

Participating Agencies, via the Argos

Operations Committee, for the Argos

DCS.

Argos DCS means the system which

collects data from fixed and moving

platforms and provides platform

location data. This system consists of

platforms, the Argos French instrument

on POES (and planned to fly on-board

the ADEOS II Japanese spacecraft and

the EUMETSAT METOP spacecraft); a

ground processing system; and

telemetry ground stations.

Argos participating agencies are a

combination of joint effort between

NOAA; the Centre National d’Etudes

Spatiales (CNES) of France; the National

Space Development Agency (NASDA) of

Japan; and the European Organization

for the Exploitation of Meteorological

Satellites (EUMETSAT).

Assistant Administrator means the

Assistant Administrator for Satellite and

Information Services or his/her

designee.

Environmental data means

environmental measurement data for the

purpose of using of the GOES DCS; and

it means environmental measurement

and environmental protection data for

the purpose of using the Argos DCS.

Environmental measurement data

means data that relate to the

characteristics of the Earth and its

natural phenomena by helping to better

understand, evaluate, or monitor its

natural resources.

Environmental protection data means

data that relate to the characteristics of

the Earth and its environment

(including its ecosystems and the

species which inhabit them) by helping

to protect against any unreasonable

adverse effects thereto.

Episodic use means the use of the

system for short events where the

possibility of loss of life is high.

Experimental use means the use of the

GOES DCS by equipment manufacturers

for the purposes of testing and assessing

new equipment that is to be used in

conjunction with the GOES DCS.

Government interest means relating to

the mission of a U.S. Federal agency or

the mission of one of the Argos

participating agencies, or also, in the

case of the GOES DCS, a state or local

government.

Government user means agencies of

Federal, state, or local governments or

any of those agencies’ contractors or

grantees, so long as the contractor is

using the data collected by the NOAA

DCS to fulfill its contractual obligations

to the Government agency or in the case

of a grantee that these data are being

used in accordance with the statement

of work for the award.

NOAA data collection systems means

the GOES and Argos space-based data

collection systems.

Non-profit user means a not-for-profit

academic, research, or other nongovernmental organization which is

using these data for education and/or

scientific, non-commercial purposes.

Operational use means the use of data

in a situation where the utility of the

data is significantly reduced if not

collected or delivered in a specific time

window. This includes situations where

extensive preparation work is in place

and a delay in acquisition of data would

jeopardize the project.

User means the entity and/or

organization which owns or operates

user platforms for the purpose of

collecting and transmitting data through

the NOAA DCS.

User platform means devices,

designed in accordance with the

specifications delineated and approved

by the Approving Authority, used for

the in-situ collection and subsequent

transmission of data via the NOAA data

collection systems. Those devices which

are used in conjunction with the GOES

DCS are referred to as DCP and those

which are used in conjunction with the

Argos DCS are referred to as Platform

Transmitter Terminals (PTT). For

purposes of these regulations, the terms

‘‘user platform,’’ ‘‘DCP’’ and ‘‘PTT’’ are

interchangeable.

User requirement means the

requirement expressed and explained in

the System Use Agreement.

§ 911.4 Use of the NOAA Data Collection

Systems.

(a) Use of the NOAA Data Collection

Systems will only be authorized in

accordance with the conditions and

requirements set forth in paragraphs (b),

(c), (d), (e), and (f) of this section.

(b) NOAA Data Collection Systems

will only be authorized where there are

no commercial services available that

meet the user’s requirements.

(c) (1) Except as provided in

paragraphs (2), (3) and (4) of this

section, NOAA DCS shall only be used

for the collection of environmental data.

(2) Except as provided in paragraph

(c)(3) of this section, non-environmental

use of the Argos DCS is only authorized

for government use and non-profit users

where there is a government interest.

Non-environmental use of the system

shall not exceed five percent of the

system’s total use.

(3) Episodic, non-environmental use

of the Argos DCS may also be

authorized in specific instances when

there is a significant possibility for loss

of life. Such use shall be closely

monitored.

(4) Experimental use of the GOES DCS

is only authorized for manufacturers of

GOES DCS compatible equipment, such

as platforms, that require access to the

system in order to test and assess the

compatibility of their new products.

(d) Non-governmental use of the

NOAA DCS will only be authorized

where there is a government interest in

the collection and/or receipt of the data.

(e) Because of capacity limitations on

the GOES DCS, system applicants will

be admitted to use the GOES system in

accordance with the following priority:

(1) NOAA programs or users whose

data are required for implementation of

NOAA programs, as determined by the

Assistant Administrator, will be

accorded first priority.

(2) Users whose data are desired to

support NOAA programs will be

accorded second priority.

(3) Users whose data and/or use of the

GOES DCS will further a program of an

agency or department of the U.S.

Government, other than NOAA, will be

accorded third priority.

(4) Users whose data are required by

a state or local government of the United

States will be accorded fourth priority.

(5) Experimental users of the system

will be accorded fifth priority.

(6) No other usage will be authorized

for the GOES DCS.

(f) In the event that Argos DCS

capacity limitations require that priority

determinations be made, priority will be

given to those platforms that provide

environmental data of broad

international interest, especially of an

operational nature, and to those

requiring the unique capabilities of the

Argos DCS, such as platform location or

polar coverage.

§ 911.5 NOAA Data Collection Systems

Use Agreements.

(a) In order to use a NOAA DCS, each

user must have an agreement with the

approving authority for that system.

(b) These agreements will address, but

will not be limited to, the following

matters:

(1) The period of time the agreement

is valid and procedures for its

termination,
47392 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules

(2) The authorized use(s), and its

priorities for use,

(3) The extent of the availability of

commercial services which meet the

user’s requirements and the reasons for

choosing the Government system,

(4) Any applicable government

interest in the data,

(5) Required equipment standards,

(6) Standards of operation,

(7) Conformance with applicable ITU

and FCC agreements and regulations,

(8) Reporting time and frequencies,

(9) data formats,

(10) Data delivery systems and

schedules, and

(11) User-borne costs.

(c) The Director, Office of Satellite

Data Processing and Distribution for the

National Environmental Satellite, Data,

and Information Service shall evaluate

user requests and conclude agreements

for use of the NOAA Data Collection

systems.

(d) (1) Agreements for the collection

via the Argos DCS of environmental

data by government agencies or nonprofit institutions shall be valid for 3

years from the date of initial in-situ

deployment of the platforms, and may

be renewed.

(2) Agreements for the collection of

environmental data via the Argos DCS

by for-profit users shall be valid for 1

year from the date of initial in-situ

deployment of the platforms, and may

be renewed annually thereafter but only

for so long as there exists a

governmental interest in the receipt of

these data.

(3) Agreements for the collection of

non-environmental data via the Argos

DCS by government agencies or

nonprofit institutions shall be valid for

1 year from the date of initial in-situ

deployment of the platforms and may be

renewed annually.

(4) Agreements for episodic collection

of non-environmental data via the Argos

DCS under 911.4(c)(3) shall be of short,

finite duration not to exceed 1 year

without exception, and usually shall not

exceed 6 months. These agreements

shall be closely monitored and shall not

be renewed.

(e) (1) Agreements for the collection of

data by the GOES DCS shall be valid for

5 years from the date of initial in-situ

deployment, and may be renewed.

(2) Agreements for the experimental

use of the GOES DCS by equipment

manufacturers shall be valid for 2 years

from the date of initial in-situ

deployment, and may be renewed.

§ 911.6 Treatment of Data.

(a) All NOAA DCS users must agree

to permit NOAA and other agencies of

the U.S. Government the full, open and

timely use of all data collected from

their platforms. Any proprietary data

will be protected in accordance with

applicable laws.

§ 911.7 Continuation of the NOAA Data

Collection Systems.

(a) NOAA expects to continue to

operate satellite-based data collection

systems on its geostationary and polarorbiting satellites, subject to the

availability of future appropriations.

(b) As use of the system in support of

NOAA programs increases, it eventually

may be necessary to further restrict

system usage by other users. If such

restrictions on use become necessary, or

in the event that NOAA discontinues

operation of GOES and/or POES, NOAA

will provide, to the maximum extent

practicable, advance notice to the

affected users.

(c) NOAA will not be responsible for

any losses resulting from the

nonavailability of the NOAA DCS.

§ 911.8 Technical Requirements.

(a) All platform operators of the

NOAA DCS must use a data collection

platform radio set whose technical and

design characteristics conform to

applicable specifications and

regulations.

(b) All platform operators are

responsible for all costs associated with

the procurement and operation of the

platforms, and for the acquisition of

data from those platforms either directly

from the satellite or from the applicable

data processing center.

BILLING CODE 3510–08–P
Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules 47393

Appendix A to Part 911—Argos System Use Policy Diagram

[FR Doc. 97–23727 Filed 9–8–97; 8:45 am]

BILLING CODE 3510–08–C