Observation Flights Over U.S. Territory Under the Treaty on Open Skies

SUMMARY: This notice provides information on the Treaty on Open Skies

(Open Skies) signed by twenty-seven nations (including NATO allies and

eleven East European and former Soviet States) and requests comments on

how observation flights under Open Skies might affect the industrial

sector. Open Skies is a confidence and security building measure that

permits unarmed aerial data collection by its parties in order to

promote transparency and openness on military forces and activities. As

a treaty party, the U.S. will be subject to these observation flights

on a limited, quota basis. The information collected in response to

this notice will be used in preparing for observation flights over U.S.

territory.

DATES: Comments must be received by October 24, 1994.

ADDRESSES: Written comments (six copies) should be sent to Toni

Jackson, Office of Technology and Policy Analysis, Bureau of Export

Administration, U.S. Department of Commerce, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Toni Jackson, Office of Technology and

Policy Analysis, Bureau of Export Administration, U.S. Department of

Commerce, Washington, DC 20230, (202) 482-3351.

SUPPLEMENTARY INFORMATION:

Background

The Treaty on Open Skies establishes a regime of unarmed aerial

observation flights over the entire territory of its participants. The

treaty is designed to enhance mutual understanding and confidence by

giving all participants, regardless of size a direct role in gathering

information about military activities of concern to them. Open Skies is

the most wide-ranging international effort to date to promote openness

and transparency of military activities and to facilitate the

monitoring of compliance with arms control agreements.

The U.S. was an original signatory to the treaty in 1992 and

deposited its instrument of ratification in December, 1993. Entry into

force (EIF) is expected in late 1994/early 1995. Treaty signatories

include all NATO nations, the East European members of the former

Warsaw Pact, Ukraine, Georgia and Kyrgyzstan, and the Russia/Belarus

group of states parties.

Basic Elements of the Treaty on Open Skies

Territory

The Treaty specifies that all the territory of its participating

states is open to observation. Countries being observed may not

restrict observation flights for national security reasons, only for

legitimate reasons of flight safety. Open Skies observation flights

will take precedence over regular air traffic.

Quotas

Each participant has agreed to an annual quota of observation

flights it is willing to receive over its own territory--its passive

quota of observation flights. Each participant may conduct as many

observation flights--its active quota--as its passive quota. The full

passive quota for the U.S. is 42 flights. During the phase-in

period,1 countries will have to accept only seventy-five percent

of their passive quotas. Thus, the initial U.S. passive quota is 31

flights. For the first year of the treaty's operation, only 4 of the 31

potential flights over the U.S. were requested, all by Russia/Belarus

(shared quota). Active quota distributions will be reviewed annually by

the treaty parties in the treaty's implementation organization, the

Open Skies Consultative Commission.

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\1\The phase-in period is from entry into force of the treaty

until 31 December of the third year following the year in which

entry into force occurs.

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Aircraft

The treaty calls for the use of fixed-wing aircraft. The U.S. Open

Skies aircraft is a modified WC-135B aircraft (a military version of

the Boeing 707), which the U.S. now calls an OC-135B. States parties

may choose their own airframes, but the sensors that are used must meet

treaty standards.

Sensors

Sensors allowed on board the aircraft may come from four sensor

categories. Observing parties are not required to utilize all the

sensors if they do not wish to. The sensor categories and limits agreed

upon in the treaty are:

1. Optical panoramic and framing cameras (no better than 30

centimeters or 12 inches resolution);

2. Video cameras with real-time display (no better than 30

centimeters or 12 inches resolution);

3. Infra-red line-scanning (IRLS) devices (no better than 50

centimeters or 20 inches resolution);

4. Sideways-looking synthetic aperture radar (SAR) (no better than

3 meters or 10 feet resolution);

All equipment used in Open Skies must be commercially available to

all participants.

Sensor resolution is a function of aircraft altitude and the

sensor's mechanical capabilities, thus the altitude may vary with the

type of sensor being used--so long as the minimum resolutions are not

exceeded. While the precise sensor/altitude combinations that will

occur over an area will not be known in advance of the flight, one or

more of the following could be in use throughout an observation flight:

Video and IRLS sensors could be employed at altitudes as low as 1000

meters (3300 feet). Framing cameras will normally be used between 1000

and 2600 meters (3300 and 8500 feet). The panoramic camera is expected

to be used at or above 8000 meters (26000 feet) altitude. SAR may be

used at varying altitudes.

The Open Skies aircraft is not permitted to loiter over or circle

any point.

Timelines

The observing party is required to notify the observed party of its

intention to conduct an observation flight no less than 72 hours prior

to the estimated time of arrival at the point of entry. The period from

the estimated time of arrival at the point of entry until completion of

the observation flight may not exceed 96 hours.

Data Availability

The treaty provides that the observing state will provide a copy of

the data it collects during an overflight to the observed state. All

other states parties also have the right to the data collected by the

observing state, on request. Data collected by sensors during

observation flights shall be used exclusively for the attainment of the

purposes of this treaty.

Submission of Comments

The Department of Commerce encourages interested entities to submit

comments on the extent to which Open Skies overflights might affect the

U.S. industrial sector. Specifically, the Department is interested in

soliciting the following types of comments:

A. The need for short notice advance notification of observation

flights;

B. The reasons why such notification would be required, i.e., to

prevent disclosure of proprietary information;

C. Any other comments, suggestions, or questions industry might

have that would be useful as we prepare for Open Skies implementation.

Understanding possible industry concerns will help the Department

in evaluating the need for future industry notification. Because of the

importance of this notice, comments should be submitted as soon as

possible during the forty-five day comment period provided by this

notice.

The Department will accept comments or information accompanied by a

request that part or all of the material submitted be treated

confidentially because of its proprietary nature or for any other

reason. The information for which confidential treatment is requested

should be submitted separately from any non-confidential information.

The top of each page should be marked with the term ``Confidential

Information''. Confidential submissions must include a statement from

the submitter that the material is commercial or financial information

which the submitter does not customarily release to the public. A non-

confidential summary must accompany such submissions of confidential

information. The Department will make the summary available for public

inspection.

The Department will hold information marked as ``Confidential'' and

accompanied by this statement in confidence to the extent allowed by

law.

All other information received in response to this notice will be a

matter of public record and will be available for public inspection and

copying. In the interest of accuracy and completeness, the Department

requires comments in written form. If oral comments are received they

must be followed by written memoranda, which will also be a matter of

public record and will be available for public review and copying.

The public record of information received in response to this

notice will be maintained in the Bureau of Export Administration's

Freedom of Information Records Inspection Facility, room 4525,

Department of Commerce, 14th Street and Pennsylvania Avenue, NW.,

Washington, DC 20230. Records in this facility, including written

public comments and memoranda summarizing the substance of oral

communications, may be inspected and copied in accordance with the

regulations published in part 4 of title 15 of the Code of Federal

Regulations.

Information about the inspections and copying of records at the

facility may be obtained from Edward J. Lingelbach, Freedom of

Information Officer, Bureau of Export Administration, at the above

address or by calling (202) 482-5653.

Dated: September 1, 1994.

Sue E. Eckert,

Assistant Secretary for Export Administration.

[FR Doc. 94-22172 Filed 9-7-94; 8:45 am]

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