Addition of Software Specially Designed To Automate the Analysis of Geospatial Imagery to the Export Control Classification Number 0Y521 Series, 459-462 [2019-27649]
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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.
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(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
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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.
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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:
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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: https://
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
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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
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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
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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
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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.
*
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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
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17:31 Jan 03, 2020
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January 6, 2021 .................
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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:
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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
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17:31 Jan 03, 2020
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*
*
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:
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*
*
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:
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
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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: https://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
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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
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* * * * * * *
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.
* * * * * * *
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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
