[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR960.6]

[Page 298-299]
 
                  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. 960.6  Review procedures for license applications.

    The following procedures are consistent and have been harmonized 
with those procedures, including time lines, described in the Fact 
Sheet, at Appendix 2 of this part, which governs in lieu of this section 
and Sec. Sec. 960.7 and 960.8 with respect to the process for reaching 
determinations of conditions necessary to meet national security, 
international obligations and foreign policy and which is outside the 
scope of the regulations in this part.
    (a) The Assistant Administrator shall within three (3) working days 
of receipt of an application, forward a copy of the application to the 
Department of Defense, the Department of State, the Department of the 
Interior, and any other Federal agencies determined to have a 
substantial interest in the license application. The Assistant 
Administrator shall advise such agencies of the deadline prescribed by 
paragraph (b) of this section to require additional information from the 
applicant. The Assistant Administrator shall make a determination to 
issue the license, in accordance with the Act and Sec. 960.1(b), within 
120 days of its receipt. If a determination has not been made within 120 
days, the Assistant Administrator shall inform the applicant of any 
pending issues and any action required to resolve them.
    (b) The reviewing agencies have ten (10) working days from receipt 
of application to notify the Assistant Administrator in writing whether 
the application omits any of the information listed in Appendix 1 of 
this part or whether additional information may be necessary to complete 
the application. 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 
applicant, in writing, what information is required to complete the 
license application. The 120-day review period prescribed in Section 
201(c) of the Act will be stopped until the Assistant Administrator 
determines that the license application is complete.
    (c) Within thirty (30) days of receipt of a complete 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 application in 
writing. If a reviewing agency is unable to complete its review in 
thirty days, it is required to notify NOAA in writing of additional time 
necessary to complete the review.
    (d) If the license application is denied, the Assistant 
Administrator shall provide the applicant with 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.
    (e) The Assistant Administrator shall terminate the license 
application review process if:
    (1) The application is withdrawn before the decision approving or 
denying it is issued; or
    (2) The applicant, after receiving a request for additional 
information pursuant to paragraph (c) of this section, does not provide 
such information within the time stated in the request.
    (f) No license shall be granted by the Secretary unless the 
Secretary determines, in writing, that the applicant will comply with 
the requirements of the Act, any regulations issued pursuant to the Act, 
and that the granting of

[[Page 299]]

such license and the operation of the license and system by the licensee 
would be consistent with the national security interest, foreign policy 
and international obligations of the United States.