Addition of Software Specially Designed To Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series, 459-462 [2019-27649]

Download as PDF Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2019–25–18 Bombardier, Inc.: Amendment 39–21017; Docket No. FAA–2019–0993; Product Identifier 2019–NM–198–AD. (a) Effective Date This AD becomes effective January 21, 2020. (b) Affected ADs None. (c) Applicability This AD applies to all Bombardier, Inc., Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 30, Ice and Rain Protection. lotter on DSKBCFDHB2PROD with RULES (e) Reason This AD was prompted by a report of a wing stall (wing drop/uncommanded roll) during landing flare, due to ice on the wing leading edges that was not detected by the anti-ice system. The FAA is issuing this AD to address undetected ice on the wing leading edges, which could adversely affect the stall speeds, stall characteristics, and the protection provided by the stall protection system, which could result in loss of control of the airplane during takeoff or landing. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Revision of the Airplane Flight Manual (AFM) Within 30 days after the effective date of this AD: Revise the existing AFM to VerDate Sep<11>2014 17:31 Jan 03, 2020 Jkt 250001 incorporate the information specified in paragraphs (g)(1) and (2) of this AD. (1) Paragraph 3.—‘‘Operation in Icing Conditions’’ of Section 02–04, ‘‘Operating Limitations,’’ of Chapter 2, LIMITATIONS,’’ of the Bombardier CRJ Series Regional Jet Model CL–600–2B19 Airplane Flight Manual, CSP A–012, Volume 1, Revision 72, dated July 12, 2019. (2) Paragraph 5.—‘‘Prior to Landing’’ of Section 04–02, ‘‘Consolidated Procedures’’ of Chapter 4 ‘‘NORMAL PROCEDURES,’’ of the Bombardier CRJ Series Regional Jet Model CL–600–2B19 Airplane Flight Manual, CSP A–012, Volume 1, Revision 72, dated July 12, 2019. (h) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (i) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF–2019–41, dated November 7, 2019, for related information. This MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0993. (2) For more information about this AD, contact Siddeeq Bacchus, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7362; fax 516–794–5531; email 9avs-nyaco-cos@faa.gov. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 459 (i) Bombardier CRJ Series Regional Jet Model CL–600–2B19 Airplane Flight Manual, CSP A–012, Volume 1, Revision 72, dated July 12, 2019. (A) Paragraph 3.—‘‘Operation in Icing Conditions’’ of Section 02–04, ‘‘Operating Limitations,’’ of Chapter 2, LIMITATIONS.’’ (B) Paragraph 5.—‘‘Prior to Landing’’ of Section 04–02, ‘‘Consolidated Procedures’’ of Chapter 4 ‘‘NORMAL PROCEDURES.’’ (ii) [Reserved] (3) For service information identified in this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9, Canada; Widebody Customer Response Center North America toll-free telephone 1– 866–538–1247 or direct-dial telephone 1– 514–855–2999; email ac.yul@ aero.bombardier.com; internet https:// www.bombardier.com. (4) You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on December 20, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–28365 Filed 1–3–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 [Docket No. 191217–0116] RIN 0694–AH89 Addition of Software Specially Designed To Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series Bureau of Industry and Security, Commerce. ACTION: Interim final rule with request for comments. AGENCY: In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose a license requirement for the export and reexport of those items to all destinations, except Canada. Specifically, this rule classifies software specially designed to automate the analysis of geospatial imagery, as SUMMARY: E:\FR\FM\06JAR1.SGM 06JAR1 460 Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations specified, under the Export Control Classification Number (ECCN) 0Y521 series, specifically under ECCN 0D521. BIS adds this item to the 0Y521 series of ECCNs upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, and other agencies as appropriate, that the items warrant control for export because the items may provide a significant military or intelligence advantage to the United States or because foreign policy reasons justify control, pursuant to the ECCN 0Y521 series procedures. DATES: This rule is effective January 6, 2020. Comments must be received by March 6, 2020. ADDRESSES: You may submit comments by any of the following methods: • Federal rulemaking portal: http:// www.regulations.gov. The regulations.gov ID number for this rule is BIS–2019–0031. All comments (including any personally identifying information) will be made available for public inspection and copying. • Address: By mail or delivery to Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th Street and Pennsylvania Avenue NW, Washington, DC 20230. Refer to RIN 0694–AH89. FOR FURTHER INFORMATION CONTACT: Aaron Amundson, Director, Information Technology Division, Office of National Security and Technology Transfer Controls, at email Aaron.Amundson@ bis.doc.gov or by phone at (202) 482– 5299. SUPPLEMENTARY INFORMATION: Background lotter on DSKBCFDHB2PROD with RULES The 0Y521 Series The 0Y521 series of ECCNs was established in April 2012 (77 FR 22191, April 13, 2012). Items in the 0Y521 series, which includes ECCNs 0A521, 0B521, 0C521, 0D521, and 0E521, are described in Supplement No. 5 to part 774 of the Export Administration Regulations (EAR). Items in the 0Y521 series of ECCNs are added upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, and other agencies as appropriate, that the items warrant control for export because the items may provide a significant military or intelligence advantage to the United States or because foreign policy reasons justify control. Pursuant to § 742.6(a)(7) of the EAR, the 0Y521 series is a temporary holding classification that only lasts for one year from the date a final rule is published VerDate Sep<11>2014 17:31 Jan 03, 2020 Jkt 250001 in the Federal Register listing the item in Supplement No. 5 to part 774, unless the 0Y521 classification is extended in accordance with described procedures, and provided that the U.S. Government submit a proposal to the relevant multilateral regime(s) to obtain multilateral controls over the item. Before the 0Y521 classification expires, an 0Y521 item may be reclassified and moved under a different ECCN on the Commerce Control List (CCL), if appropriate. If the item has not been moved to a more permanent ECCN and the 0Y521 classification expires, the item is designated EAR99. ‘‘EAR99’’ means that an item is subject to the EAR but not specified on the CCL. Items classified under the 0Y521 series are controlled for regional stability (RS) Column 1 reasons, with a case-by-case license application review policy. The only license exception available for these items at this time is for exports, reexports, and transfers (incountry) made by or consigned to a department or agency of the U.S. Government (License Exception GOV), specifically within the scope of § 740.11(b)(2)(ii) of the EAR. This limitation is further described in § 740.2(a)(14) of the EAR. Addition of Software Specially Designed To Automate the Analysis of Geospatial Imagery Under the 0Y521 Series in This Rule In this interim final rule, the Bureau of Industry and Security (BIS) amends the EAR to classify certain items subject to the EAR under the 0Y521 series and to impose a license requirement for the export and reexport of those items to all destinations, except Canada, for RS Column 1 reasons. Specifically, the items that will be subject to these new controls are described under ECCN 0D521 in the 0Y521 series table found in Supplement No. 5 to part 774 of the EAR, as follows: ECCN 0D521 No. 1 Geospatial imagery ‘‘software’’ ‘‘specially designed’’ for training a Deep Convolutional Neural Network to automate the analysis of geospatial imagery and point clouds, and having all of the following: 1. Provides a graphical user interface that enables the user to identify objects (e.g., vehicles, houses, etc.) from within geospatial imagery and point clouds in order to extract positive and negative samples of an object of interest; 2. Reduces pixel variation by performing scale, color, and rotational normalization on the positive samples; 3. Trains a Deep Convolutional Neural Network to detect the object of interest PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 from the positive and negative samples; and 4. Identifies objects in geospatial imagery using the trained Deep Convolutional Neural Network by matching the rotational pattern from the positive samples with the rotational pattern of objects in the geospatial imagery. Technical Note: A point cloud is a collection of data points defined by a given coordinate system. A point cloud is also known as a digital surface model. Consistent with other 0Y521 series items, license requirements for the items described under the first entry for ECCN 0D521 of the 0Y521 series, appear in § 742.6(a)(7) of the EAR. The U.S. Government currently plans to propose to an appropriate multilateral regime, in this case the Wassenaar Arrangement, that multilateral controls be placed on these items. License Applications for the New ECCN 0D521 No. 1 License applications for these items may be submitted through SNAP–R in accordance with § 748.6 (General instructions for license applications) of the EAR. Exporters are directed to include detailed descriptions and technical specifications with the license application, and to identify the item’s ECCN. This rule is being issued in interim final form because while the government believes that it is in the national security interests of the United States to immediately implement these controls, it also wants to provide the interested public with an opportunity to comment on the control of new items. Comments may be submitted in accordance with the DATES and ADDRESSSES sections of this rule. BIS will review and, if appropriate, address such comments through rulemaking consistent with the process described in the final rule that created the ECCN 0Y521 series. Export Control Reform Act of 2018 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. 115–232) that provides the legal basis for BIS’s principal authorities and serves as the authority under which BIS issues this rule. As set forth in Section 1768 of ECRA, all delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that were made, issued, conducted, or allowed to become effective under the Export E:\FR\FM\06JAR1.SGM 06JAR1 461 Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect prior to August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the Export Administration Regulations, and were in effect as of August 13, 2018, shall continue in effect according to their terms until modified, superseded, set aside, or revoked under the authority of ECRA. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action’’. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. 2. Pursuant to Section 1762 of the Export Control Reform Act of 2018 (Title XVII, Subtitle B of Pub. L. 115– 232), which was included in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, this action is exempt from the Administrative Procedure Act (5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation and delay in effective date. The analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable because no general notice of proposed rulemaking was required for this action. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. 3. Notwithstanding any other provision of law, no person is required to respond to, nor is subject to a penalty for failure to comply with, a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under the following control numbers: 0694–0088 and 0694– 0137. This action is not expected to materially increase the number of submissions under these collections. Any comments regarding these collections of information, including suggestions for reducing the burden, may be sent to OMB Desk Officer, New Executive Office Building, Washington, DC 20503; and to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to Jasmeet_K._Seehra@ omb.eop.gov, or by fax to (202) 395– 7285. 4. This rule does not contain policies with federalism implications as that term is defined in Executive Order 13132. List of Subjects in 15 CFR Part 774 Exports, Rexporting and recordkeeping requirements. Accordingly, part 774 of the Export Administration Regulations (15 CFR parts 730 through 774) is amended as follows: PART 774—[AMENDED] 1. The authority citation for part 774 is revised to read as follows: ■ Authority: 50 U.S.C. 4801–4582; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; and as extended by the Notice of August 14, 2019, 84 FR 41881 (August 15, 2019). 2. Amend Supplement No. 5 to part 774 by removing the reserved entry under ‘‘0D521. Software’’ and adding in its place entry ‘‘No. 1’’ to read as follows: ■ SUPPLEMENT NO. 5 TO PART 774—ITEMS CLASSIFIED UNDER ECCNS 0A521, 0B521, 0C521, 0D521 AND 0E521 * * * Item descriptor. Note: The description must match by model number or a broader descriptor that does not necessarily need to be company specific. * * * Date of initial or subsequent BIS classification. (ID = initial date; SD = subsequent date). * * * * Date when the item will be designated EAR99, unless reclassified in another ECCN or the 0Y521 classification is reissued. * * * Item-specific license exception eligibility. * lotter on DSKBCFDHB2PROD with RULES 0D521. Software. No.1 Geospatial imagery ‘‘software’’ ‘‘specially designed’’ for training a Deep Convolutional Neural Network to automate the analysis of geospatial imagery and point clouds, and having all of the following: 1. Provides a graphical user interface that enables the user to identify objects (e.g., vehicles, houses, etc.) from within geospatial imagery and point clouds in order to extract positive and negative samples of an object of interest; 2. Reduces pixel variation by performing scale, color, and rotational normalization on the positive samples; 3. Trains a Deep Convolutional Neural Network to detect the object of interest from the positive and negative samples; and VerDate Sep<11>2014 17:31 Jan 03, 2020 Jkt 250001 PO 00000 January 6, 2020 (ID) .......... Frm 00043 Fmt 4700 Sfmt 4700 January 6, 2021 ................. E:\FR\FM\06JAR1.SGM 06JAR1 License Exception GOV under § 740.11(b)(2)(ii) only. 462 Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations SUPPLEMENT NO. 5 TO PART 774—ITEMS CLASSIFIED UNDER ECCNS 0A521, 0B521, 0C521, 0D521 AND 0E521— Continued 4. Identifies objects in geospatial imagery using the trained Deep Convolutional Neural Network by matching the rotational pattern from the positive samples with the rotational pattern of objects in the geospatial imagery. Technical Note: A point cloud is a collection of data points defined by a given coordinate system. A point cloud is also known as a digital surface model. * * * Dated: December 17, 2019. Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2019–27649 Filed 1–3–20; 8:45 am] BILLING CODE 3510–33–P POSTAL SERVICE 39 CFR Part 20 International Mailing Services: Price Changes and Minor Classification Changes Postal ServiceTM. Final rule. AGENCY: ACTION: On October 22, 2019, the Postal Service published proposed product and price changes to reflect price adjustments and other minor classification changes filed with the Postal Regulatory Commission (PRC). The PRC found that price adjustments and classification changes contained in the Postal Service’s notice may go into effect on January 26, 2020. The Postal Service will revise Notice 123, Price List to reflect the new prices and Mailing Standards of the United States Postal Service, International Mail Manual (IMM®), to reflect minor classification changes. SUMMARY: Effective date: January 26, 2020. FOR FURTHER INFORMATION CONTACT: Michelle Lassiter at 202–268–2914. SUPPLEMENTARY INFORMATION: DATES: lotter on DSKBCFDHB2PROD with RULES I. Proposed Rule and Response On October 9, 2019, the Postal Service filed a notice with the PRC in Docket No. R2020–1 of mailing services price adjustments, to be effective on January 26, 2020. On October 22, 2019, the Postal Service published a notification of proposed product and price changes in the Federal Register entitled ‘‘International Mailing Services: Proposed Product and Price Changes— CPI’’ (84 FR 56406). The notification included price changes that the Postal Service would adopt for products and VerDate Sep<11>2014 17:31 Jan 03, 2020 Jkt 250001 * * services covered by IMM and publish in Notice 123, Price List, on Postal Explorer® at pe.usps.com. The Postal Service received no comments. On October 9, 2019, in PRC Docket No. MC2020–7, the Postal Service proposed to update country names throughout mailing standards, changing ‘‘Macedonia, Republic of’’ to ‘‘North Macedonia, Republic of.’’ On October 22, 2019, the Postal Service published a notification of proposed product and price changes in the Federal Register entitled ‘‘International Mailing Services: Proposed Product and Price Changes— CPI’’ (84 FR 56406). That proposed rule noted that throughout IMM, all references to ‘‘Macedonia, Republic of’’ would be changed to ‘‘North Macedonia, Republic of’’ or the short name ‘‘North Macedonia’’ would be placed in correct alphabetical order in lists. The Postal Service received no comments. II. Decision of the Postal Regulatory Commission As stated in the PRC’s Order No. 5321 issued on November 22, 2019, and the PRC’s Order No. 5340, issued on December 6, 2019, in PRC Docket No. R2020–1, the PRC found that the prices in the Postal Service’s notice in Docket No. R2020–1, may go into effect on January 26, 2020. The new prices will accordingly be posted in Notice 123, Price List on Postal Explorer at pe.usps.com. As stated in the PRC’s Order No. 5297, issued on November 8, 2019, in PRC Docket No. MC2020–7, the PRC approved the proposed minor classification changes replacing the country name of ‘‘Macedonia, Republic of’’ with ‘‘North Macedonia, Republic of.’’ The changes to the IMM will accordingly be posted in the January 26, 2020, revision of the IMM on Postal Explorer at pe.usps.com. List of Subjects in 39 CFR Part 20 Foreign relations, International postal services. Accordingly, 39 CFR part 20 is amended as follows: PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 * * PART 20—[AMENDED] 1. The authority citation for 39 CFR part 20 continues to read as follows: ■ Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 401, 403, 404, 407, 414, 416, 3001–3011, 3201–3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. 2. Revise the following sections of Mailing Standards of the United States Postal Service, International Mail Manual (IMM®), as follows: ■ Mailing Standards of the United States Postal Service, International Mail Manual (IMM) * * * * * [Throughout the IMM, change all references to ‘‘Macedonia, Republic of’’ to ‘‘North Macedonia, Republic of’’ and place in correct alphabetical order in lists. Revised sections include 213.5, 292.45, 322.2; the Index of Countries and Localities; the Country Price Groups and Weight Limits; and the Individual Country Listings.] * * * * * New Prices Will Be Listed in the Updated Notice 123, Price List Brittany M. Johnson, Attorney, Federal Compliance. [FR Doc. 2019–27702 Filed 1–3–20; 8:45 am] BILLING CODE 7710–12–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket Nos. 13–24 and 03–123; FCC 19–118; FRS 16309] TRS Fund Contributions Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (FCC or Commission) modifies the cost recovery rules for internet Protocol Captioned SUMMARY: E:\FR\FM\06JAR1.SGM 06JAR1

Agencies

[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 459-462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27649]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 191217-0116]
RIN 0694-AH89


Addition of Software Specially Designed To Automate the Analysis 
of Geospatial Imagery to the Export Control Classification Number 0Y521 
Series

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: In this interim final rule, the Bureau of Industry and 
Security (BIS) amends the Export Administration Regulations (EAR) to 
make certain items subject to the EAR and to impose a license 
requirement for the export and reexport of those items to all 
destinations, except Canada. Specifically, this rule classifies 
software specially designed to automate the analysis of geospatial 
imagery, as

[[Page 460]]

specified, under the Export Control Classification Number (ECCN) 0Y521 
series, specifically under ECCN 0D521. BIS adds this item to the 0Y521 
series of ECCNs upon a determination by the Department of Commerce, 
with the concurrence of the Departments of Defense and State, and other 
agencies as appropriate, that the items warrant control for export 
because the items may provide a significant military or intelligence 
advantage to the United States or because foreign policy reasons 
justify control, pursuant to the ECCN 0Y521 series procedures.

DATES: This rule is effective January 6, 2020. Comments must be 
received by March 6, 2020.

ADDRESSES: You may submit comments by any of the following methods:
     Federal rulemaking portal: http://www.regulations.gov. The 
regulations.gov ID number for this rule is BIS-2019-0031. All comments 
(including any personally identifying information) will be made 
available for public inspection and copying.
     Address: By mail or delivery to Regulatory Policy 
Division, Bureau of Industry and Security, U.S. Department of Commerce, 
Room 2099B, 14th Street and Pennsylvania Avenue NW, Washington, DC 
20230. Refer to RIN 0694-AH89.

FOR FURTHER INFORMATION CONTACT: Aaron Amundson, Director, Information 
Technology Division, Office of National Security and Technology 
Transfer Controls, at email [email protected] or by phone at 
(202) 482-5299.

SUPPLEMENTARY INFORMATION:

Background

The 0Y521 Series

    The 0Y521 series of ECCNs was established in April 2012 (77 FR 
22191, April 13, 2012). Items in the 0Y521 series, which includes ECCNs 
0A521, 0B521, 0C521, 0D521, and 0E521, are described in Supplement No. 
5 to part 774 of the Export Administration Regulations (EAR). Items in 
the 0Y521 series of ECCNs are added upon a determination by the 
Department of Commerce, with the concurrence of the Departments of 
Defense and State, and other agencies as appropriate, that the items 
warrant control for export because the items may provide a significant 
military or intelligence advantage to the United States or because 
foreign policy reasons justify control. Pursuant to Sec.  742.6(a)(7) 
of the EAR, the 0Y521 series is a temporary holding classification that 
only lasts for one year from the date a final rule is published in the 
Federal Register listing the item in Supplement No. 5 to part 774, 
unless the 0Y521 classification is extended in accordance with 
described procedures, and provided that the U.S. Government submit a 
proposal to the relevant multilateral regime(s) to obtain multilateral 
controls over the item. Before the 0Y521 classification expires, an 
0Y521 item may be reclassified and moved under a different ECCN on the 
Commerce Control List (CCL), if appropriate. If the item has not been 
moved to a more permanent ECCN and the 0Y521 classification expires, 
the item is designated EAR99. ``EAR99'' means that an item is subject 
to the EAR but not specified on the CCL.
    Items classified under the 0Y521 series are controlled for regional 
stability (RS) Column 1 reasons, with a case-by-case license 
application review policy. The only license exception available for 
these items at this time is for exports, reexports, and transfers (in-
country) made by or consigned to a department or agency of the U.S. 
Government (License Exception GOV), specifically within the scope of 
Sec.  740.11(b)(2)(ii) of the EAR. This limitation is further described 
in Sec.  740.2(a)(14) of the EAR.

Addition of Software Specially Designed To Automate the Analysis of 
Geospatial Imagery Under the 0Y521 Series in This Rule

    In this interim final rule, the Bureau of Industry and Security 
(BIS) amends the EAR to classify certain items subject to the EAR under 
the 0Y521 series and to impose a license requirement for the export and 
reexport of those items to all destinations, except Canada, for RS 
Column 1 reasons. Specifically, the items that will be subject to these 
new controls are described under ECCN 0D521 in the 0Y521 series table 
found in Supplement No. 5 to part 774 of the EAR, as follows:

ECCN 0D521 No. 1

    Geospatial imagery ``software'' ``specially designed'' for training 
a Deep Convolutional Neural Network to automate the analysis of 
geospatial imagery and point clouds, and having all of the following:
    1. Provides a graphical user interface that enables the user to 
identify objects (e.g., vehicles, houses, etc.) from within geospatial 
imagery and point clouds in order to extract positive and negative 
samples of an object of interest;
    2. Reduces pixel variation by performing scale, color, and 
rotational normalization on the positive samples;
    3. Trains a Deep Convolutional Neural Network to detect the object 
of interest from the positive and negative samples; and
    4. Identifies objects in geospatial imagery using the trained Deep 
Convolutional Neural Network by matching the rotational pattern from 
the positive samples with the rotational pattern of objects in the 
geospatial imagery.
    Technical Note: A point cloud is a collection of data points 
defined by a given coordinate system. A point cloud is also known as a 
digital surface model.
    Consistent with other 0Y521 series items, license requirements for 
the items described under the first entry for ECCN 0D521 of the 0Y521 
series, appear in Sec.  742.6(a)(7) of the EAR. The U.S. Government 
currently plans to propose to an appropriate multilateral regime, in 
this case the Wassenaar Arrangement, that multilateral controls be 
placed on these items.

License Applications for the New ECCN 0D521 No. 1

    License applications for these items may be submitted through SNAP-
R in accordance with Sec.  748.6 (General instructions for license 
applications) of the EAR. Exporters are directed to include detailed 
descriptions and technical specifications with the license application, 
and to identify the item's ECCN.
    This rule is being issued in interim final form because while the 
government believes that it is in the national security interests of 
the United States to immediately implement these controls, it also 
wants to provide the interested public with an opportunity to comment 
on the control of new items. Comments may be submitted in accordance 
with the DATES and ADDRESSSES sections of this rule. BIS will review 
and, if appropriate, address such comments through rulemaking 
consistent with the process described in the final rule that created 
the ECCN 0Y521 series.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA) (Title XVII, 
Subtitle B of Pub. L. 115-232) that provides the legal basis for BIS's 
principal authorities and serves as the authority under which BIS 
issues this rule. As set forth in Section 1768 of ECRA, all 
delegations, rules, regulations, orders, determinations, licenses, or 
other forms of administrative action that were made, issued, conducted, 
or allowed to become effective under the Export

[[Page 461]]

Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect prior 
to August 13, 2018, and as continued in effect pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
or the Export Administration Regulations, and were in effect as of 
August 13, 2018, shall continue in effect according to their terms 
until modified, superseded, set aside, or revoked under the authority 
of ECRA.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action''. This rule is not an Executive Order 13771 
regulatory action because this rule is not significant under Executive 
Order 12866.
    2. Pursuant to Section 1762 of the Export Control Reform Act of 
2018 (Title XVII, Subtitle B of Pub. L. 115- 232), which was included 
in the John S. McCain National Defense Authorization Act for Fiscal 
Year 2019, this action is exempt from the Administrative Procedure Act 
(5 U.S.C. 553) requirements for notice of proposed rulemaking, 
opportunity for public participation and delay in effective date. The 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are not applicable because no general notice of proposed 
rulemaking was required for this action. Accordingly, no regulatory 
flexibility analysis is required, and none has been prepared.
    3. Notwithstanding any other provision of law, no person is 
required to respond to, nor is subject to a penalty for failure to 
comply with, a collection of information, subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by OMB under the following control 
numbers: 0694-0088 and 0694-0137. This action is not expected to 
materially increase the number of submissions under these collections. 
Any comments regarding these collections of information, including 
suggestions for reducing the burden, may be sent to OMB Desk Officer, 
New Executive Office Building, Washington, DC 20503; and to Jasmeet K. 
Seehra, Office of Management and Budget (OMB), by email to 
[email protected], or by fax to (202) 395-7285.
    4. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.

List of Subjects in 15 CFR Part 774

    Exports, Rexporting and recordkeeping requirements.

    Accordingly, part 774 of the Export Administration Regulations (15 
CFR parts 730 through 774) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for part 774 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4582; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 
U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 
7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; and as extended by 
the Notice of August 14, 2019, 84 FR 41881 (August 15, 2019).


0
2. Amend Supplement No. 5 to part 774 by removing the reserved entry 
under ``0D521. Software'' and adding in its place entry ``No. 1'' to 
read as follows:

         Supplement No. 5 to Part 774--Items Classified Under ECCNS 0A521, 0B521, 0C521, 0D521 and 0E521
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Item descriptor.                       Date of initial or       Date when the item will  Item-specific license
Note: The description must match by     subsequent BIS           be designated EAR99,     exception eligibility.
 model number or a broader descriptor   classification.          unless reclassified in
 that does not necessarily need to be  (ID = initial date; SD    another ECCN or the
 company specific.                      = subsequent date).      0Y521 classification
                                                                 is reissued.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                0D521. Software.
----------------------------------------------------------------------------------------------------------------
No.1 Geospatial imagery ``software''   January 6, 2020 (ID)...  January 6, 2021........  License Exception GOV
 ``specially designed'' for training                                                      under
 a Deep Convolutional Neural Network                                                     Sec.   740.11(b)(2)(ii)
 to automate the analysis of                                                              only.
 geospatial imagery and point clouds,
 and having all of the following:
    1. Provides a graphical user
     interface that enables the user
     to identify objects (e.g.,
     vehicles, houses, etc.) from
     within geospatial imagery and
     point clouds in order to extract
     positive and negative samples of
     an object of interest;
    2. Reduces pixel variation by
     performing scale, color, and
     rotational normalization on the
     positive samples;
    3. Trains a Deep Convolutional
     Neural Network to detect the
     object of interest from the
     positive and negative samples;
     and

[[Page 462]]

 
    4. Identifies objects in
     geospatial imagery using the
     trained Deep Convolutional
     Neural Network by matching the
     rotational pattern from the
     positive samples with the
     rotational pattern of objects in
     the geospatial imagery.
Technical Note: A point cloud is a
 collection of data points defined by
 a given coordinate system. A point
 cloud is also known as a digital
 surface model.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: December 17, 2019.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2019-27649 Filed 1-3-20; 8:45 am]
BILLING CODE 3510-33-P