[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR960.7]



[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. 960.7  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 299]]



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.