[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR960.7]

[Page 295-296]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 960--LICENSING OF PRIVATE REMOTE SENSING SYSTEMS--Table of Contents
 
                           Subpart B--Licenses
 
Sec. 960.7  Amendments to licenses.

    (a) Prior to taking any of the following actions a licensee must 
obtain an amendment to the license:
    (1) assignment of any interest in or transfer of the license from 
one entity to another, renaming, or any change in identity of the 
license holder;
    (2) change in or transfer of administrative control;
    (3) change of operational control; or
    (4) deviation from orbital characteristics, performance 
specifications, data collection and exploitation capabilities, 
operational characteristics identified under Appendix 1.C(6) of this 
part, or any other change in license parameters.
    (b) Applications for an amendment to an existing license shall 
contain all relevant new information and shall be filed at the same 
address identified in Appendix 1 of this part. Amendment applications 
shall be filed in accordance with the procedures in Sec. 960.4 and 
Appendix 1 of this part for original license applications.
    (c) The Assistant Administrator, in consultation with other 
appropriate agencies, shall review amendment applications within 120 
days of the receipt of such completed applications. The Assistant 
Administrator shall advise such agencies of the deadline prescribed by 
paragraph (d) of this section to require additional information from the 
applicant. If a determination has not been made within 120 days, the 
Assistant Administrator shall inform the licensee of any pending issues 
and any actions necessary to resolve them.
    (d) The reviewing agencies have ten (10) working days from receipt 
of the amendment request to notify the Assistant Administrator in 
writing whether the request omits any of the information listed in 
Appendix 1 of this part or whether additional information may be 
necessary to complete the request. If these agencies cannot complete 
their review in the time allotted, they must notify NOAA in writing of 
the additional time needed to complete review, not to exceed ten (10) 
working days. This notification shall state the specific reasons why the 
additional information is sought. The Assistant Administrator shall then 
notify the licensee, in writing, what information is required to 
complete the amendment request. The 120 day review period prescribed in 
Section 201(c) of the Act will be stopped until the Assistant 
Administrator determines that the amendment request is complete.
    (e) Within thirty (30) days of receipt of a complete amendment 
application, as determined by the Assistant Administrator, each Federal 
agency consulted in paragraph (a) of this section shall recommend, in 
writing, to the Assistant Administrator approval or disapproval of the 
amendment application in writing.
    (f)(1) When the licensee is seeking an amendment in order to 
transfer administrative control or change in the participation of the 
operations of the system to a foreign person or nation, pursuant to 
paragraph (a)(2) of this section, the licensee must provide the 
following information:
    (i) The identity, residence and citizenship of the foreign person(s) 
or nation(s) who will acquire control;
    (ii) The applicant's proposed plan to ensure that the licensee will 
protect the operational control of the licensed system from foreign 
influence and prevent technology transfer that would adversely impact 
national security, foreign policy or international obligations; and
    (iii) Such additional information as the Assistant Administrator may 
prescribe as necessary or appropriate to protect the national security, 
foreign policy or international obligations of the United States.
    (2) Such an amendment request will be reviewed to determine whether 
the foreign person(s) or nation(s) that will exercise administrative 
control of the licensee will take no action that impairs the national 
security interests, foreign policy or international obligations of the 
United States.
    (g) If the license amendment application is denied, the Assistant 
Administrator shall provide the applicant with

[[Page 296]]

written notification along with a concise statement of the facts in the 
record determined to support the denial. This denial will be considered 
final agency action twenty-one (21) days after the date the notice was 
mailed, unless the applicant files an appeal, as provided in 
Sec. 960.10.