About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-332217 1 (2020-06-02)

handle is hein.gao/gaobaeblk0001 and id is 1 raw text is: 




                     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-332217


June 2, 2020

The Honorable Roger Wicker
Chairman
The Honorable Maria Cantwell
Ranking Member
Committee on Commerce,  Science, and Transportation
United States Senate

The Honorable Eddie Bernice Johnson
Chairwoman
The Honorable Frank Lucas
Ranking Member
Committee on Science, Space, and Technology
House  of Representatives

Subject: Department of Commerce, National Oceanic and Atmospheric Administration:
        Licensing of Private Remote Sensing Space Systems

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Commerce, National Oceanic and Atmospheric
Administration (NOAA) entitled Licensing of Private Remote Sensing Space Systems (RIN:
0648-BA15).  We received the rule on April 10, 2020. It was published in the Federal Register
as a final rule; request for comments on May 20, 2020. 85 Fed. Reg. 30790. The effective date
of the rule is July 20, 2020.

According to NOAA, the final rule substantially revises the regulations for licensing the operation
of private remote sensing space systems under the Land Remote Sensing Policy Act of 1992,
Pub. L. No. 102-555, 106 Stat. 4163 (1992). NOAA stated the changes in the final rule reflect
significant changes in the space-based remote sensing industry since the last time the
regulations were updated and to modernize NOAA's regulatory approach.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt or the rule by Congress,
whichever is later. 5 U.S.C. § 801 (a)(3)(A). The final rule was published in the Federal Register
on May 20, 2020. 85 Fed. Reg. 30790. The Congressional Record indicated the Senate
received the final rule on May 4 but did not indicate when the House received the final rule.
166 Cong. Reg. S2378 (daily ed. May 12, 2020). The final rule has a stated effective date of
July 20, 2020. If the House received the final rule by May 20, then the final rule does have the
required 60-day delay in its effective date.

Enclosed is our assessment of NOAA's compliance with the procedural steps required by
section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most