Revision of License Requirements of Certain Cameras, Systems, or Related Components, 13590-13595 [2024-03661]
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13590
Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations
S.p.A., Model BK160–200 VLA, which
published in the Federal Register on
January 2, 2024 (89 FR 37). No
comments were received, and the
airworthiness criteria are adopted as
proposed.
DEPARTMENT OF COMMERCE
Applicability
RIN 0694–AI45
These airworthiness criteria,
established under the provisions of
§ 21.17(b), are applicable to the
Blackshape S.p.A. Model BK160–200
VLA. Should Blackshape S.p.A. apply at
a later date for a change to the type
certificate to include another model,
these airworthiness criteria would apply
to that model as well, provided the FAA
finds them appropriate in accordance
with the requirements of subpart D to
part 21.
Revision of License Requirements of
Certain Cameras, Systems, or Related
Components
Conclusion
This action affects only the
airworthiness criteria for the Blackshape
S.p.A. Model BK160–200 VLA. It is not
a rule of general applicability.
Authority Citation
The authority citation for these
airworthiness criteria is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
Airworthiness Criteria
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Pursuant to the authority delegated to
me by the Administrator, the following
airworthiness criteria are issued as part
of the type certification basis for the
Blackshape S.p.A. Model BK160–200
VLA. The FAA finds these criteria to be
appropriate for the aircraft and
applicable to the specific type design
and provide an equivalent level of safety
to existing airworthiness standards.
EASA Certification Specifications
(CS) for Very Light Aeroplanes CS–VLA,
Amendment 1, dated March 5, 2009,
with additional requirements identified
in ‘‘Policy for Type Certification of Very
Light Airplanes as a Special Class of
Aircraft’’ (88 FR 70344, October 11,
2023) for Advanced Avionic Displays,
Night-VFR Operations, Increased
Maximum Certificated Takeoff Weight
and Increased Stall Speed, and
Rechargeable Lithium Ion Battery.
Issued in Washington, DC, on February 16,
2024.
James David Foltz,
Manager, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification
Service.
[FR Doc. 2024–03728 Filed 2–22–24; 8:45 am]
BILLING CODE 4910–13–P
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Bureau of Industry and Security
15 CFR Parts 740, 744, and 774
[Docket No. 240130–0027]
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
With this final rule, the
Bureau of Industry and Security (BIS)
amends the Export Administration
Regulations (EAR), which it maintains,
by revising license requirements for
certain cameras, systems, and related
components. These revisions will better
align controls with technological and
commercial developments, such as the
items’ global commercial availability,
while recognizing the cooperative
strategic relationship the United States
has with our closest allies. In addition
to these changes, BIS is adding controls
on certain cameras that are not already
controlled by either export control
classification number (ECCN) 6A003 or
6A203. These new controls are detailed
under new ECCN 6A293, which is a
classification for temporary controls for
which BIS is seeking multilateral
agreement.
SUMMARY:
DATES:
This rule is effective March 8,
2024.
For
questions on the part 744 changes,
contact John Varesi at (202) 482–1114 or
John.Varesi@bis.doc.gov.
For questions on the part 774 changes,
contact Steve Clagett at (202) 482–1641
or steven.clagett@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
BIS is amending the EAR (15 CFR
parts 730–774) by revising the license
requirements for cameras in part 744
and by adding an ECCN that controls
additional cameras to part 774.
Background regarding these changes is
detailed below.
Part 744
Modification to Existing Camera License
Requirements
This rule revises paragraph (a)(1) to
§ 744.9 of the EAR. Prior to the effective
date of this rule, paragraph (a)(1) was
divided into (a)(1)(i) and (a)(1)(ii). To
help ensure the restrictions in this
paragraph are easily understood, this
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rule restructures the paragraph by
adding (a)(1)(iii). The introductory text
of (a)(1) will retain the same background
information regarding applicable
reasons for control, but the specific
items discussed will be divided among
(a)(1)(i) through (iii).
Paragraph (a)(1)(i) will pertain to
commodities controlled by ECCN
6A003.a.3, 6A003.a.4, or 6A003.a.6 that
will be or are intended to be used by a
‘military end-user,’ as defined in
paragraph (d) of § 744.9, in all
destinations except Canada. This is a
structural change to the paragraph only;
the policy regarding these items remains
the same. Similarly, this rule does not
remove the license requirement forth in
new paragraph § 744.9(a)(1)(iii) for
cameras, systems and related
components being exported for
incorporation into foreign ‘‘military
commodities’’ specified in ECCN
0A919.
Paragraph (a)(1)(ii) will revise the
policy pertaining to the original items
(other than those controlled in
6A003.a.3, 6A003.a.4, and 6A003.a.6) by
adding the phrase ‘‘in all destinations
except countries specified in Country
Group A:1.’’ This change will thereby
more specifically focus the license
requirement for the export, reexport,
and transfer (in-country) on certain
cameras, systems, and related
components when destined for some of
our closest allies. With this revision, BIS
no longer requires a license for the
cameras, systems, and related
components described in ECCNs 0A504
(incorporating commodities controlled
by ECCNs 6A002 or 6A003, or
commodities controlled by 6A993.a that
meet the criterion of Note 3.a to
6A003.b.4), 6A002, 6A003 (other than
6A003.a.3, 6A003.a.4, and 6A003.a.6),
or 6A993.a (having a maximum frame
rate equal to or less than 9 Hz and thus
meeting the criteria of Note 3.a to
6A003.b.4), or 8A002.d when the items
are intended to be used by a military
end user in Country Group A:1
countries. Prior to publication of this
rule, a license was required for such
transactions to all destinations except
Canada.
With the effective date of this rule,
focal plane arrays will continue to
require a license to countries specified
in Country Groups A:1 under other
provisions of the EAR; these items are
controlled for Regional Stability (RS)
reasons to countries specified in RS
Column 1 on the Commerce Country
Chart in supplement no. 1 to part 738
of the EAR, as well as other parts of the
EAR (e.g., other sections in part 744 or
sanctions provisions in part 746). BIS
does not allow the use of License
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations
Exception Strategic Trade Authorization
(STA) (§ 740.20 of the EAR) for these
items. Regional Stability controls are
detailed under § 742.6(a)(2) of the EAR.
As a conforming change, this rule
updates the related controls in ECCNs
6A003 such that they more accurately
reflect changes to § 744.9(a)(1).
Portions of the original national
security rationale for § 744.9(a)(1) are no
longer relevant. In 2009, when the
license requirement for ECCN
6A003.b.4.b items was first imposed,
BIS sought visibility into their use by
military end users. A 2016 revision to
§ 744.9 expanded the license
requirements to all items listed under
ECCNs 6A002 and 6A003, and items
listed under ECCN 6A993.a further
reflected the interest in reviewing these
transactions to military end users.
However, the number of approved
applications for these items going to
County Group A:1 countries by BIS and
the global commercial availability of
these items warrants the removal of this
license requirement.
Specifically, license data since 2009
demonstrates that these items, when
destined for Country Group A:1
countries, do not pose a national
security risk to the United States. As a
practical matter, BIS, through the
interagency license review process, has
approved thousands of license
applications for these items to Country
Group A:1 countries over the past
decade. Therefore, BIS has determined
that U.S. Government and industry
resources could be more effectively
deployed reviewing transactions posing
potentially higher risks.
As stated above, the items controlled
by § 744.9 have become mainstream
commercial products. In the aftermath
of the COVID–19 global pandemic, one
of the most popular uses of these
cameras is to determine if a person has
a fever before entering a building.
However, prior to the publication of this
rule, the export of these items under
§ 744.9 for a similar purpose by a
military end user in any country would
require a license. BIS determined this
type of transaction no longer warrants
review when destined to close allies.
Given the high number of approvals and
the absence of denials, the growing
burden the regulations have placed on
industry, and the licensing burden
placed on BIS itself, BIS is removing the
license requirements for these items
when going to military end users in
Country Group A:1 countries.
BIS also notes the increased
commercial availability of the items
listed in § 744.9. At the time § 744.9 was
first published, the commercial market
for the items listed in the section was
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relatively new and U.S. exports of these
items were not heavily impacted by the
regulatory requirement. Since the 2016
revision, the global commercial market
for these items has continued to expand.
These items are now manufactured and
widely available outside the United
States, including in China. The
combined impact of the expanded
controls and growing global
manufacturing of the items has resulted
in restricted exports of U.S.-origin
products and increased competition
from non-U.S.-origin products. In many
cases, the manufacturers who made
these sales are located in countries
outside of the Wassenaar Arrangement
on Export Controls for Conventional
Arms and Dual-Use Goods and
Technologies, such as China. This rule
ensures that U.S. companies are
operating on a level playing field with
foreign competitors when selling to end
users in County Group A:1 countries.
13591
determined that additional cameras,
with specifications differing from those
in ECCNs 6A003 and 6A203, have
similar applications of proliferation
concern. Accordingly, the new controls
of these cameras under ECCN 6A293 are
warranted. Cameras controlled in this
new ECCN may be exported to NSG
participating countries without a
license, except to Russia, Belarus, and
China. New ECCN 6A293 will allow
implementation of these warranted
temporary controls while BIS seeks
multilateral agreement.
Part 774
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), 50 U.S.C. 4801–4852. ECRA, as
amended, provides the legal basis for
BIS’s principal authorities and serves as
the authority under which BIS issues
this rule.
Addition of New Controls for Cameras
Under ECCN 6A293
As stated above, this final rule adds
certain cameras under ECCN 6A293 on
the Commerce Control List (CCL),
supplement no. 1 to part 774. While
ECCNs 6A003 and 6A203 control
specified cameras, this new control will
capture cameras that are not controlled
by either ECCNs 6A003 or 6A203 and
have the following characteristics: (1)
minimum exposure time of 1
microsecond or faster; and (2) a
throughput of 13.43 Giga Pixels per
second or greater when taken at 205,000
frames per second. The control also
includes a technical note with a formula
for throughput and a note that describes
some of the ways these cameras may be
referenced by the public in nontechnical terms. ECCN 6A293 has NP
Column 1 and Anti-Terrorism (AT)
Column 1 reasons for control; these
reasons for control are detailed in part
742 of the EAR. ECCN 6A293 is not
eligible for License Exception STA. As
conforming changes, this rule updates
the related controls in ECCNs 6A003
and 6A203 to include ECCN 6A293; this
rule also revises § 740.20(b)(2)(x) to
include the limitation on STA for ECCN
6A293.
ECCNs 6A003 and 6A203 control
certain high-speed cameras that are on
the Nuclear Suppliers Group (NSG)
Dual Use Annex. The NSG is a
multilateral regime of nuclear supplier
countries seeking to address the nonproliferation of nuclear weapons
through export controls. Following a
technical analysis of high-speed camera
systems, the U.S. Government
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, distribute 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 final rule has been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
2. Notwithstanding any other
provision of law, no person may be
required to respond to or be 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 a collection currently approved
by OMB under control number 0694–
0088, Simplified Network Application
Processing System. This collection
includes, among other things, license
applications and commodity
classification, and carries a burden
estimate of 29.6 minutes for a manual or
electronic submission for a total burden
estimate of 31,835 hours. BIS does not
expect the burden hours associated with
this collection to change.
3. This rule does not contain policies
with federalism implications as that
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations
term is defined under Executive Order
13132.
4. Pursuant to Section 1762 of ECRA
(50 U.S.C. 4821), this action is exempt
from the Administrative Procedure Act
(APA) (5 U.S.C. 553) requirements for
notice of proposed rulemaking,
opportunity for public participation and
delay in effective date.
5. Because neither the Administrative
Procedure Act nor any other law
requires that notice of proposed
rulemaking and an opportunity for
public comment be given for this rule,
the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable. Accordingly,
no Final Regulatory Flexibility Analysis
is required and none has been prepared.
List of Subjects
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 740, 744, and 774
of the Export Administration
Regulations (15 CFR parts 730–774) are
amended as follows:
PART 740—LICENSE EXCEPTIONS
1. The authority citation for 15 CFR
part 740 continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783.
2. Section 740.20 is amended by
revising paragraph (b)(2)(x) to read as
follows:
■
§ 740.20 License Exception Strategic
Trade Authorization (STA).
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*
*
*
*
(b) * * *
(2) * * *
(x) License Exception STA may not be
used for items controlled by ECCN
6A002; 6A293; 6D002 (software
‘‘specially designed’’ for the ‘‘use’’ of
commodities controlled under 6A002.b);
6D003.c; 6D991 (software ‘‘specially
designed’’ for the ‘‘development,’’
‘‘production,’’ or ‘‘use’’ of commodities
controlled under 6A002 or 6A003);
6E001 (‘‘technology’’ for the
‘‘development’’ of commodities
controlled under ECCN 6A002 or
6A003); or 6E002 ‘‘technology’’ (for the
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PART 744—CONTROL POLICY: ENDUSER AND END-USE BASED
3. The authority citation for 15 CFR
part 744 continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 19, 2022,
87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November
10, 2022).
4. Amend § 744.9 by revising
paragraph (a)(1) to read as follows:
■
15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
*
‘‘production’’ of commodities controlled
under ECCN 6A002 or 6A003).
*
*
*
*
*
§ 744.9 Restrictions on exports, reexports,
and transfers (in-country) of certain
cameras, systems, or related components.
(a) * * *
(1) In addition to the applicable
license requirements for nuclear
nonproliferation, national security,
regional stability, anti-terrorism, and
United Nations embargo reasons in
§§ 742.3, 742.4, 742.6, 742.8, 746.1(b),
and 746.3 of the EAR, a license is
required pursuant to this section for
specific exports, reexports, or transfers
(in-country) if at the time of export,
reexport, or transfer, the exporter,
reexporter, or transferor knows or is
informed that:
(i) Commodities controlled by ECCN
6A003.a.3, 6A003.a.4, or 6A003.a.6 will
be or are intended to be used by a
‘military end-user,’ as defined in
paragraph (d) of this section in all
destinations except Canada.
(ii) Commodities described in ECCNs
0A504 (incorporating commodities
controlled by ECCNs 6A002 or 6A003,
or commodities controlled by 6A993.a
that meet the criterion of Note 3.a to
6A003.b.4), 6A002, 6A003 (other than
6A003.a.3, 6A003.a.4, and 6A003.a.6),
or 6A993.a (having a maximum frame
rate equal to or less than 9 Hz and thus
meeting the criteria of Note 3.a to
6A003.b.4), or 8A002.d will be or are
intended to be used by a ‘military enduser,’ as defined in paragraph (d) of this
section in all destinations except those
specified in Country Group A:1.
(iii) Commodities described in ECCNs
0A504 (incorporating commodities
controlled by ECCNs 6A002 or 6A003,
or commodities controlled by 6A993.a
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that meet the criterion of Note 3.a to
6A003.b.4), 6A002, 6A003, or 6A993.a
(having a maximum frame rate equal to
or less than 9 Hz and thus meeting the
criteria of Note 3.a to 6A003.b.4), or
8A002.d will be or are intended to be
incorporated into a ‘‘military
commodity’’ controlled by ECCN 0A919
in all destinations except Canada.
*
*
*
*
*
PART 774—COMMERCE CONTROL
LIST
5. The authority citation for 15 CFR
part 774 continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C.
8720; 10 U.S.C. 8730(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. 1824; 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.
6. Amend supplement no. 1 to part
774 by:
■ a. Revising ECCNs 6A003 and 6A203;
and
■ b. Adding ECCN 6A293.
The revisions and addition read as
follows:
*
*
*
*
*
■
6A003 Cameras, systems or equipment,
and ‘‘components’’ therefor, as follows
(see List of Items Controlled).
License Requirements
Reason for Control: NS, NP, RS, AT, UN
Control(s)
NS applies to entire
entry.
NP applies to cameras controlled by
6A003.a.3 or a.4
and to plug-ins in
6A003.a.6 for cameras controlled by
6A003.a.3 or a.4.
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Country Chart
(see Supp. No.
1 to part 738)
NS Column 2
NP Column 1
Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations
Control(s)
RS applies to
6A003.b.3,
6A003.b.4.a,
6A003.b.4.c and to
items controlled in
6A003.b.4.b that
have a frame rate
greater than 60 Hz
or that incorporate
a focal plane array
with more than
111,000 elements,
or to items in
6A003.b.4.b when
being exported or
reexported to be
embedded in a civil
product. (But see
§ 742.6(a)(2)(iii)
and (v) for certain
exemptions).
RS applies to items
controlled in
6A003.b.4.b that
have a frame rate
of 60 Hz or less
and that incorporate a focal
plane array with
not more than
111,000 elements if
not being exported
or reexported to be
embedded in a civil
product.
AT applies to entire
entry.
UN applies to
6A003.b.3 and b.4.
Country Chart
(see Supp. No.
1 to part 738)
RS Column 1
RS Column 2
AT Column 1
See § 746.1(b) for UN
controls
License Requirement Note: Commodities
that are not subject to the ITAR but are of the
type described in USML Category XII(c) are
controlled as cameras in ECCN 6A003 when
they incorporate a camera controlled in this
ECCN.
Reporting Requirements
See § 743.3 of the EAR for thermal camera
reporting for exports that are not
authorized by an individually validated
license of thermal imaging cameras
controlled by ECCN 6A003.b.4.b to
destinations in Country Group A:1 (see
Supplement No. 1 to part 740 of the EAR),
must be reported to BIS.
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List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $1500, except N/A for 6A003.a.3
through a.6, b.1, b.3 and b.4.
GBS: N/A
Special Conditions for STA
STA: License Exception STA may not be
used to ship any commodity in 6A003.b.3
or b.4 to any of the destinations listed in
Country Group A:6 (See Supplement No.1
to part 740 of the EAR).
List of Items Controlled
Related Controls: (1) See ECCNs 6E001
(‘‘development’’), 6E002 (‘‘production’’),
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and 6E201 (‘‘use’’) for technology for items
controlled under this entry. (2) Also see
ECCN 6A203. (3) See ECCN 0A919 for
foreign made military commodities that
incorporate cameras described in 6A003.
(4) Section 744.9 imposes a license
requirement on cameras described in
6A003 if being exported, reexported, or
transferred (in-country) for use by certain
military end-users or for incorporation into
a commodity controlled by ECCN 0A919.
(5) See USML Category XII(c) and (e) for
cameras subject to the ITAR. (6) Also see
ECCN 6A293.
Related Definitions: N/A
Items:
a. Instrumentation cameras and ‘‘specially
designed’’ ‘‘components’’ therefor, as follows:
Note: Instrumentation cameras, controlled
by 6A003.a.3 to 6A003.a.5, with modular
structures should be evaluated by their
maximum capability, using plug-ins available
according to the camera manufacturer’s
specifications.
a.1. [Reserved]
a.2. [Reserved]
a.3. Electronic streak cameras having
temporal resolution better than 50 ns;
a.4. Electronic framing cameras having a
speed exceeding 1,000,000 frames/s;
a.5. Electronic cameras having all of the
following:
a.5.a. An electronic shutter speed (gating
capability) of less than 1ms per full frame;
and
a.5.b. A read out time allowing a framing
rate of more than 125 full frames per second;
a.6. Plug-ins having all of the following
characteristics:
a.6.a. ‘‘Specially designed’’ for
instrumentation cameras which have
modular structures and that are controlled by
6A003.a; and
a.6.b. Enabling these cameras to meet the
characteristics specified by 6A003.a.3,
6A003.a.4 or 6A003.a.5, according to the
manufacturer’s specifications;
b. Imaging cameras as follows:
Note: 6A003.b does not control television
or video cameras ‘‘specially designed’’ for
television broadcasting.
b.1. Video cameras incorporating solid
state sensors, having a peak response in the
wavelength range exceeding 10 nm, but not
exceeding 30,000 nm and having all of the
following:
b.1.a. Having any of the following:
b.1.a.1. More than 4 x 106 ‘‘active pixels’’
per solid state array for monochrome (black
and white) cameras;
b.1.a.2. More than 4 x 106 ‘‘active pixels’’
per solid state array for color cameras
incorporating three solid state arrays; or
b.1.a.3. More than 12 x 106 ‘‘active pixels’’
for solid state array color cameras
incorporating one solid state array; and
b.1.b. Having any of the following:
b.1.b.1. Optical mirrors controlled by
6A004.a.;
b.1.b.2. Optical control equipment
controlled by 6A004.d.; or
b.1.b.3. The capability for annotating
internally generated ‘camera tracking data’;
Technical Notes:
1. For the purposes of 6A003.b.1, digital
video cameras should be evaluated by the
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maximum number of ‘‘active pixels’’ used for
capturing moving images.
2. For the purposes of 6A003.b.1.b.3,
‘camera tracking data’ is the information
necessary to define camera line of sight
orientation with respect to the earth. This
includes: (1) the horizontal angle the camera
line of sight makes with respect to the earth’s
magnetic field direction and; (2) the vertical
angle between the camera line of sight and
the earth’s horizon.
b.2. Scanning cameras and scanning
camera systems, having all of the following:
b.2.a. A peak response in the wavelength
range exceeding 10 nm, but not exceeding
30,000 nm;
b.2.b. Linear detector arrays with more
than 8,192 elements per array; and
b.2.c. Mechanical scanning in one
direction;
Note: 6A003.b.2 does not apply to scanning
cameras and scanning camera systems,
‘‘specially designed’’ for any of the following:
a. Industrial or civilian photocopiers;
b. Image scanners ‘‘specially designed’’ for
civil, stationary, close proximity scanning
applications (e.g., reproduction of images or
print contained in documents, artwork, or
photographs); or
c. Medical equipment.
b.3. Imaging cameras incorporating image
intensifier tubes having the characteristics
listed in 6A002.a.2.a or 6A002.a.2.b;
b.4. Imaging cameras incorporating ‘‘focal
plane arrays’’ having any of the following:
b.4.a. Incorporating ‘‘focal plane arrays’’
controlled by 6A002.a.3.a to 6A002.a.3.e;
b.4.b. Incorporating ‘‘focal plane arrays’’
controlled by 6A002.a.3.f; or
b.4.c. Incorporating ‘‘focal plane arrays’’
controlled by 6A002.a.3.g;
Note 1: Imaging cameras described in
6A003.b.4 include ‘‘focal plane arrays’’
combined with sufficient ‘‘signal processing’’
electronics, beyond the read out integrated
circuit, to enable as a minimum the output
of an analog or digital signal once power is
supplied.
Note 2: 6A003.b.4.a does not control
imaging cameras incorporating linear ‘‘focal
plane arrays’’ with 12 elements or fewer, not
employing time-delay-and-integration within
the element and designed for any of the
following:
a. Industrial or civilian intrusion alarm,
traffic or industrial movement control or
counting systems;
b. Industrial equipment used for inspection
or monitoring of heat flows in buildings,
equipment, or industrial processes;
c. Industrial equipment used for
inspection, sorting or analysis of the
properties of materials;
d. Equipment ‘‘specially designed’’ for
laboratory use; or
e. Medical equipment.
Note 3: 6A003.b.4.b does not control
imaging cameras having any of the following:
a. A maximum frame rate equal to or less
than 9 Hz;
b. Having all of the following:
1. Having a minimum horizontal or vertical
‘Instantaneous-Field-of-View (IFOV)’ of at
least 2 mrad (milliradians);
2. Incorporating a fixed focal-length lens
that is not designed to be removed;
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3. Not incorporating a ‘direct view’ display;
and
Technical Note: For the purposes of
6A003.b.4 Note 3.b.3, ’direct view’ refers to
an imaging camera operating in the infrared
spectrum that presents a visual image to a
human observer using a near-to-eye micro
display incorporating any light-security
mechanism.
4. Having any of the following:
a. No facility to obtain a viewable image of
the detected field-of-view; or
b. The camera is designed for a single kind
of application and designed not to be user
modified; or
Technical Note: For the purposes of
6A003.b.4 Note 3.b.1, ‘Instantaneous-Fieldof-View (IFOV)’ is the lesser figure of the
‘Horizontal IFOV’ or the ‘Vertical IFOV’.
‘Horizontal IFOV’ = horizontal Field-ofView (FOV)/number of horizontal detector
elements
‘Vertical IFOV’= vertical Field-of-View
(FOV)/number of vertical detector elements.
c. The camera is ‘‘specially designed’’ for
installation into a civilian passenger land
vehicle and having all of the following:
1. The placement and configuration of the
camera within the vehicle are solely to assist
the driver in the safe operation of the vehicle;
2. Is operable only when installed in any
of the following:
a. The civilian passenger land vehicle for
which it was intended and the vehicle
weighs less than 4,500 kg (gross vehicle
weight); or
b. A ‘‘specially designed’’, authorized
maintenance test facility; and
3. Incorporates an active mechanism that
forces the camera not to function when it is
removed from the vehicle for which it was
intended.
Note: When necessary, details of the items
will be provided, upon request, to the Bureau
of Industry and Security in order to ascertain
compliance with the conditions described in
Note 3.b.4 and Note 3.c in this Note to
6A003.b.4.b.
Note 4: 6A003.b.4.c does not apply to
‘imaging cameras’ having any of the
following characteristics:
a. Having all of the following:
1. Where the camera is ‘‘specially
designed’’ for installation as an integrated
component into indoor and wall-plugoperated systems or equipment, limited by
design for a single kind of application, as
follows:
a. Industrial process monitoring, quality
control, or analysis of the properties of
materials;
b. Laboratory equipment ‘‘specially
designed’’ for scientific research;
c. Medical equipment;
d. Financial fraud detection equipment;
and
2. Is only operable when installed in any
of the following:
a. The system(s) or equipment for which it
was intended; or
b. A ‘‘specially designed,’’ authorized
maintenance facility; and
3. Incorporates an active mechanism that
forces the camera not to function when it is
removed from the system(s) or equipment for
which it was intended;
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b. Where the camera is ‘‘specially
designed’’ for installation into a civilian
passenger land vehicle or passenger and
vehicle ferries and having all of the
following:
1. The placement and configuration of the
camera within the vehicle or ferry are solely
to assist the driver or operator in the safe
operation of the vehicle or ferry;
2. Is only operable when installed in any
of the following:
a. The civilian passenger land vehicle for
which it was intended and the vehicle
weighs less than 4,500 kg (gross vehicle
weight);
b. The passenger and vehicle ferry for
which it was intended and having a length
overall (LOA) 65 m or greater; or
c. A ‘‘specially designed’’, authorized
maintenance test facility; and
3. Incorporates an active mechanism that
forces the camera not to function when it is
removed from the vehicle for which it was
intended;
c. Limited by design to have a maximum
‘‘radiant sensitivity’’ of 10 mA/W or less for
wavelengths exceeding 760 nm, having all of
the following:
1. Incorporating a response limiting
mechanism designed not to be removed or
modified; and
2. Incorporates an active mechanism that
forces the camera not to function when the
response limiting mechanism is removed;
and
3. Not ‘‘specially designed’’ or modified for
underwater use; or
d. Having all of the following:
1. Not incorporating a ‘direct view’ or
electronic image display;
2. Has no facility to output a viewable
image of the detected field of view;
3. The ‘‘focal plane array’’ is only operable
when installed in the camera for which it was
intended; and
4. The ‘‘focal plane array’’ incorporates an
active mechanism that forces it to be
permanently inoperable when removed from
the camera for which it was intended.
Note: When necessary, details of the item
will be provided, upon request, to the Bureau
of Industry and Security in order to ascertain
compliance with the conditions described in
Note 4 above.
b.5. Imaging cameras incorporating solidstate detectors specified by 6A002.a.1.
*
*
*
*
*
6A203 High-speed cameras, imaging
devices and ‘‘components’’ therefor,
other than those controlled by 6A003
(see List of Items Controlled).
License Requirements
Reason for Control: NP, AT
Control(s)
NP applies to entire
entry.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
NP Column 1
AT Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
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GBS: N/A
List of Items Controlled
Related Controls: (1) See ECCNs 6E001
(‘‘development’’), 6E002 (‘‘production’’),
and 6E201 (‘‘use’’) for technology for items
controlled under this entry. (2) See ECCN
6A003.a.3 and a.4. (3) Also see ECCN
6A293.
Related Definitions: N/A
Items:
a. Streak cameras and ‘‘specially designed’’
components therefor, as follows:
a.1. Streak cameras with writing speeds
greater than 0.5 mm/ms;
a.2. Electronic streak cameras capable of 50
ns or less time resolution;
a.3. Streak tubes for cameras described in
6A203.a.2;
a.4. Plug-ins, ‘‘specially designed’’ for use
with streak cameras having modular
structures, that enable the performance
characteristics described in 6A203.a.1 or .a.2;
a.5. Synchronizing electronics units, and
rotor assemblies consisting of turbines,
mirrors and bearings, that are ‘‘specially
designed’’ for cameras described in
6A203.a.1.
b. Framing cameras and ‘‘specially
designed’’ components therefor, as follows:
b.1. Framing cameras with recording rates
greater than 225,000 frames per second;
b.2. Framing cameras capable of 50 ns or
less frame exposure time;
b.3. Framing tubes, and solid-state imaging
devices, that have a fast image gating
(shutter) time of 50 ns or less and are
‘‘specially designed’’ for cameras described
in 6A203.b.1 or .b.2;
b.4. Plug-ins, ‘‘specially designed’’ for use
with framing cameras having modular
structures, that enable the performance
characteristics described in 6A203.b.1 or .b.2;
b.5. Synchronizing electronic units, and
rotor assemblies consisting of turbines,
mirrors, and bearings, that are ‘‘specially
designed’’ for cameras described in
6A203.b.1 or .b.2.
c. Solid-state or electron tube cameras and
‘‘specially designed’’ components therefor, as
follows:
c.1. Solid-state cameras, or electron tube
cameras, with a fast image gating (shutter)
time of 50 ns or less;
c.2. Solid-state imaging devices, and image
intensifiers tubes, that have a fast image
gating (shutter) time of 50 ns or less and are
‘‘specially designed’’ for cameras described
in 6A203.c.1;
c.3. Electro-optical shuttering devices (Kerr
or Pockels cells) with a fast image gating
(shutter) time of 50 ns or less;
c.4. Plug-ins, ‘‘specially designed’’ for use
with cameras having modular structures, that
enable the performance characteristics
described in 6A203.c.1.
Technical Note: High speed single frame
cameras can be used alone to produce a
single image of a dynamic event, or several
such cameras can be combined in a
sequentially-triggered system to produce
multiple images of an event.
d. Radiation-hardened TV cameras, or
lenses therefor, ‘‘specially designed’’ or rated
as radiation hardened to withstand a total
radiation dose greater than 5 × 104 Gy
(silicon) without operational degradation.
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Technical Note: The term Gy (silicon)
refers to the energy in Joules per kilogram
absorbed by an unshielded silicon sample
when exposed to ionizing radiation.*
*
*
*
*
DEPARTMENT OF LABOR
Employment and Training
Administration
*
6A293 Cameras not classified ECCNs
6A003 or 6A203 with all the following
characteristics: (see List of Items
Controlled).
20 CFR Parts 684, 686, and 688
License Requirements
Workforce Innovation and Opportunity
Act Title I Non-Core Programs
Effectiveness in Serving Employers
Performance Indicator
Reason for Control: NP, AT
Country chart
(see Supp. No.
1 to part 738)
Control(s)
NP applies to entire
entry.
AT applies to entire
entry.
NP Column 1
Employment and Training
Administration (ETA), Labor.
ACTION: Final rule.
AT Column 1
SUMMARY:
LVS: N/A
GBS: N/A
Special Conditions for STA
STA: License Exception STA (§ 740.20 of the
EAR) may not be used for ECCN 6A293.
List of Items Controlled
Related Controls: See ECCNs 6A003 and
6A203.
Related Definitions: N/A
Items:
a. Minimum exposure time of 1
microsecond or faster, and
b. a throughput of 13.43 Giga Pixels/s or
greater when taken at 205,000 frames/s.
Technical Note: Throughput = Width
(pixels) x Height (pixels) x Frames per
Second. The width and Height in pixels are
those that are achieved at 205,000 frames per
second.
Note: This entry includes cameras which
may be referred to as high-speed digital
imaging cameras, high-speed video cameras
or slow-motion cameras or any other camera
that meets these parameters.
*
*
*
*
Thea R. Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2024–03661 Filed 2–22–24; 8:45 am]
BILLING CODE 3510–33–P
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RIN 1205–AC08
AGENCY:
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
*
[Docket No. ETA–2022–0005]
The Workforce Innovation
and Opportunity Act (WIOA)
establishes six primary indicators of
performance for certain WIOAauthorized programs and defines five of
the six performance indicators. The U.S.
Departments of Labor and Education
(the Departments) published a final rule
under RIN 1205–AC01 to define the
sixth performance indicator—
effectiveness in serving employers—as
Retention with Same Employer into the
implementing regulations for the six
WIOA core programs. In this related
final rule, the Department of Labor (DOL
or the Department) is incorporating the
same definition of the ESE performance
indicator into regulations for the
following WIOA title I non-core
programs: the Indian and Native
American (INA), the Job Corps, and the
YouthBuild program. This final rule
makes two changes from the notice of
proposed rulemaking (NPRM) for the
WIOA title I non-core programs: the
final rule permits the use of
supplemental wage information in the
definition of the effectiveness in serving
employers performance indicator, and it
specifies that the definition is
measuring retention in unsubsidized
employment.
DATES: This final rule is effective March
25, 2024.
FOR FURTHER INFORMATION CONTACT:
Michelle Paczynski, Administrator,
Office of Policy Development and
Research, U.S. Department of Labor,
Employment and Training
Administration, 200 Constitution
Avenue NW, Room N–5641,
Washington, DC 20210, Telephone:
202–693–3700 (voice) (this is not a tollfree number), 1–877–872–5627, or 1–
800–326–2577 (telecommunications
device for the deaf).
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
I. Background and Rulemaking Authority
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A. WIOA Background
B. Summary of Changes From NPRM to
Final Rule of the Effectiveness in Serving
Employers Performance Indicator for
WIOA Non-Core Programs
C. Effectiveness in Serving Employers
Performance Indicator Approaches for
WIOA Core Programs, as Relevant to
WIOA Title I Non-Core Programs
D. Effectiveness in Serving Employers
Performance Indicator for WIOA Title I
Non-Core Programs
E. Public Comments Received on the
Proposed Rule
II. Section-by-Section Analysis of This Final
Rule
A. Comments Received on Effectiveness in
Serving Employers Performance
Indicator Approaches, as Relevant to
WIOA Non-Core Programs
B. Part 684—Indian and Native American
Programs
C. Part 685—National Farmworker Jobs
Program
D. Part 686—Job Corps Program
E. Part 688—YouthBuild Programs
F. Impacts of the Final Rule on Other NonCore WIOA Programs for Which the
Department Has Applied WIOA Sec. 116
Primary Indicators of Performance
III. Regulatory Analysis and Review
A. Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review)
B. Regulatory Flexibility Act, Small
Business Regulatory Enforcement
Fairness Act, and Executive Order 13272
(Proper Consideration of Small Entities
in Agency Rulemaking)
C. Paperwork Reduction Act
D. Executive Order 13132 (Federalism)
E. Unfunded Mandates Reform Act
F. Executive Order 13175 (Indian Tribal
Governments)
Acronyms and Abbreviations
AEFLA Adult Education and Family
Literacy Act
AJC American Job Center
CFR Code of Federal Regulations
Departments U.S. Departments of Labor and
Education
DOL or Department U.S. Department of
Labor
E.O. Executive Order
ES Employment Service
ETA Employment and Training
Administration
FR Federal Register
GPMS Grantee Performance Management
System
ICR Information Collection Request
INA Indian and Native American
MSFW migrant and seasonal farmworker
NAETC Native American Employment and
Training Council
NFJP National Farmworker Jobs Program
NPRM or proposed rule notice of proposed
rulemaking
OIRA Office of Information and Regulatory
Affairs
OMB Office of Management and Budget
PIRL Participant Individual Record Layout
PRA Paperwork Reduction Act of 1995
Pub. L. Public Law
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]]>Agencies
[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Rules and Regulations]
[Pages 13590-13595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03661]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 744, and 774
[Docket No. 240130-0027]
RIN 0694-AI45
Revision of License Requirements of Certain Cameras, Systems, or
Related Components
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: With this final rule, the Bureau of Industry and Security
(BIS) amends the Export Administration Regulations (EAR), which it
maintains, by revising license requirements for certain cameras,
systems, and related components. These revisions will better align
controls with technological and commercial developments, such as the
items' global commercial availability, while recognizing the
cooperative strategic relationship the United States has with our
closest allies. In addition to these changes, BIS is adding controls on
certain cameras that are not already controlled by either export
control classification number (ECCN) 6A003 or 6A203. These new controls
are detailed under new ECCN 6A293, which is a classification for
temporary controls for which BIS is seeking multilateral agreement.
DATES: This rule is effective March 8, 2024.
FOR FURTHER INFORMATION CONTACT: For questions on the part 744 changes,
contact John Varesi at (202) 482-1114 or [email protected].
For questions on the part 774 changes, contact Steve Clagett at
(202) 482-1641 or [email protected].
SUPPLEMENTARY INFORMATION:
Background
BIS is amending the EAR (15 CFR parts 730-774) by revising the
license requirements for cameras in part 744 and by adding an ECCN that
controls additional cameras to part 774. Background regarding these
changes is detailed below.
Part 744
Modification to Existing Camera License Requirements
This rule revises paragraph (a)(1) to Sec. 744.9 of the EAR. Prior
to the effective date of this rule, paragraph (a)(1) was divided into
(a)(1)(i) and (a)(1)(ii). To help ensure the restrictions in this
paragraph are easily understood, this rule restructures the paragraph
by adding (a)(1)(iii). The introductory text of (a)(1) will retain the
same background information regarding applicable reasons for control,
but the specific items discussed will be divided among (a)(1)(i)
through (iii).
Paragraph (a)(1)(i) will pertain to commodities controlled by ECCN
6A003.a.3, 6A003.a.4, or 6A003.a.6 that will be or are intended to be
used by a `military end-user,' as defined in paragraph (d) of Sec.
744.9, in all destinations except Canada. This is a structural change
to the paragraph only; the policy regarding these items remains the
same. Similarly, this rule does not remove the license requirement
forth in new paragraph Sec. 744.9(a)(1)(iii) for cameras, systems and
related components being exported for incorporation into foreign
``military commodities'' specified in ECCN 0A919.
Paragraph (a)(1)(ii) will revise the policy pertaining to the
original items (other than those controlled in 6A003.a.3, 6A003.a.4,
and 6A003.a.6) by adding the phrase ``in all destinations except
countries specified in Country Group A:1.'' This change will thereby
more specifically focus the license requirement for the export,
reexport, and transfer (in-country) on certain cameras, systems, and
related components when destined for some of our closest allies. With
this revision, BIS no longer requires a license for the cameras,
systems, and related components described in ECCNs 0A504 (incorporating
commodities controlled by ECCNs 6A002 or 6A003, or commodities
controlled by 6A993.a that meet the criterion of Note 3.a to
6A003.b.4), 6A002, 6A003 (other than 6A003.a.3, 6A003.a.4, and
6A003.a.6), or 6A993.a (having a maximum frame rate equal to or less
than 9 Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), or
8A002.d when the items are intended to be used by a military end user
in Country Group A:1 countries. Prior to publication of this rule, a
license was required for such transactions to all destinations except
Canada.
With the effective date of this rule, focal plane arrays will
continue to require a license to countries specified in Country Groups
A:1 under other provisions of the EAR; these items are controlled for
Regional Stability (RS) reasons to countries specified in RS Column 1
on the Commerce Country Chart in supplement no. 1 to part 738 of the
EAR, as well as other parts of the EAR (e.g., other sections in part
744 or sanctions provisions in part 746). BIS does not allow the use of
License
[[Page 13591]]
Exception Strategic Trade Authorization (STA) (Sec. 740.20 of the EAR)
for these items. Regional Stability controls are detailed under Sec.
742.6(a)(2) of the EAR. As a conforming change, this rule updates the
related controls in ECCNs 6A003 such that they more accurately reflect
changes to Sec. 744.9(a)(1).
Portions of the original national security rationale for Sec.
744.9(a)(1) are no longer relevant. In 2009, when the license
requirement for ECCN 6A003.b.4.b items was first imposed, BIS sought
visibility into their use by military end users. A 2016 revision to
Sec. 744.9 expanded the license requirements to all items listed under
ECCNs 6A002 and 6A003, and items listed under ECCN 6A993.a further
reflected the interest in reviewing these transactions to military end
users. However, the number of approved applications for these items
going to County Group A:1 countries by BIS and the global commercial
availability of these items warrants the removal of this license
requirement.
Specifically, license data since 2009 demonstrates that these
items, when destined for Country Group A:1 countries, do not pose a
national security risk to the United States. As a practical matter,
BIS, through the interagency license review process, has approved
thousands of license applications for these items to Country Group A:1
countries over the past decade. Therefore, BIS has determined that U.S.
Government and industry resources could be more effectively deployed
reviewing transactions posing potentially higher risks.
As stated above, the items controlled by Sec. 744.9 have become
mainstream commercial products. In the aftermath of the COVID-19 global
pandemic, one of the most popular uses of these cameras is to determine
if a person has a fever before entering a building. However, prior to
the publication of this rule, the export of these items under Sec.
744.9 for a similar purpose by a military end user in any country would
require a license. BIS determined this type of transaction no longer
warrants review when destined to close allies. Given the high number of
approvals and the absence of denials, the growing burden the
regulations have placed on industry, and the licensing burden placed on
BIS itself, BIS is removing the license requirements for these items
when going to military end users in Country Group A:1 countries.
BIS also notes the increased commercial availability of the items
listed in Sec. 744.9. At the time Sec. 744.9 was first published, the
commercial market for the items listed in the section was relatively
new and U.S. exports of these items were not heavily impacted by the
regulatory requirement. Since the 2016 revision, the global commercial
market for these items has continued to expand. These items are now
manufactured and widely available outside the United States, including
in China. The combined impact of the expanded controls and growing
global manufacturing of the items has resulted in restricted exports of
U.S.-origin products and increased competition from non-U.S.-origin
products. In many cases, the manufacturers who made these sales are
located in countries outside of the Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual-Use Goods and Technologies,
such as China. This rule ensures that U.S. companies are operating on a
level playing field with foreign competitors when selling to end users
in County Group A:1 countries.
Part 774
Addition of New Controls for Cameras Under ECCN 6A293
As stated above, this final rule adds certain cameras under ECCN
6A293 on the Commerce Control List (CCL), supplement no. 1 to part 774.
While ECCNs 6A003 and 6A203 control specified cameras, this new control
will capture cameras that are not controlled by either ECCNs 6A003 or
6A203 and have the following characteristics: (1) minimum exposure time
of 1 microsecond or faster; and (2) a throughput of 13.43 Giga Pixels
per second or greater when taken at 205,000 frames per second. The
control also includes a technical note with a formula for throughput
and a note that describes some of the ways these cameras may be
referenced by the public in non-technical terms. ECCN 6A293 has NP
Column 1 and Anti-Terrorism (AT) Column 1 reasons for control; these
reasons for control are detailed in part 742 of the EAR. ECCN 6A293 is
not eligible for License Exception STA. As conforming changes, this
rule updates the related controls in ECCNs 6A003 and 6A203 to include
ECCN 6A293; this rule also revises Sec. 740.20(b)(2)(x) to include the
limitation on STA for ECCN 6A293.
ECCNs 6A003 and 6A203 control certain high-speed cameras that are
on the Nuclear Suppliers Group (NSG) Dual Use Annex. The NSG is a
multilateral regime of nuclear supplier countries seeking to address
the non-proliferation of nuclear weapons through export controls.
Following a technical analysis of high-speed camera systems, the U.S.
Government determined that additional cameras, with specifications
differing from those in ECCNs 6A003 and 6A203, have similar
applications of proliferation concern. Accordingly, the new controls of
these cameras under ECCN 6A293 are warranted. Cameras controlled in
this new ECCN may be exported to NSG participating countries without a
license, except to Russia, Belarus, and China. New ECCN 6A293 will
allow implementation of these warranted temporary controls while BIS
seeks multilateral agreement.
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), 50 U.S.C. 4801-
4852. ECRA, as amended, provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.
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, distribute 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 final rule has been designated a ``significant
regulatory action,'' under Executive Order 12866.
2. Notwithstanding any other provision of law, no person may be
required to respond to or be 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 a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications and commodity
classification, and carries a burden estimate of 29.6 minutes for a
manual or electronic submission for a total burden estimate of 31,835
hours. BIS does not expect the burden hours associated with this
collection to change.
3. This rule does not contain policies with federalism implications
as that
[[Page 13592]]
term is defined under Executive Order 13132.
4. Pursuant to Section 1762 of ECRA (50 U.S.C. 4821), this action
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation and delay in effective date.
5. Because neither the Administrative Procedure Act nor any other
law requires that notice of proposed rulemaking and an opportunity for
public comment be given for this rule, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not
applicable. Accordingly, no Final Regulatory Flexibility Analysis is
required and none has been prepared.
List of Subjects
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 740, 744, and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:
PART 740--LICENSE EXCEPTIONS
0
1. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.
0
2. Section 740.20 is amended by revising paragraph (b)(2)(x) to read as
follows:
Sec. 740.20 License Exception Strategic Trade Authorization (STA).
* * * * *
(b) * * *
(2) * * *
(x) License Exception STA may not be used for items controlled by
ECCN 6A002; 6A293; 6D002 (software ``specially designed'' for the
``use'' of commodities controlled under 6A002.b); 6D003.c; 6D991
(software ``specially designed'' for the ``development,''
``production,'' or ``use'' of commodities controlled under 6A002 or
6A003); 6E001 (``technology'' for the ``development'' of commodities
controlled under ECCN 6A002 or 6A003); or 6E002 ``technology'' (for the
``production'' of commodities controlled under ECCN 6A002 or 6A003).
* * * * *
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
3. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 19, 2022, 87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).
0
4. Amend Sec. 744.9 by revising paragraph (a)(1) to read as follows:
Sec. 744.9 Restrictions on exports, reexports, and transfers (in-
country) of certain cameras, systems, or related components.
(a) * * *
(1) In addition to the applicable license requirements for nuclear
nonproliferation, national security, regional stability, anti-
terrorism, and United Nations embargo reasons in Sec. Sec. 742.3,
742.4, 742.6, 742.8, 746.1(b), and 746.3 of the EAR, a license is
required pursuant to this section for specific exports, reexports, or
transfers (in-country) if at the time of export, reexport, or transfer,
the exporter, reexporter, or transferor knows or is informed that:
(i) Commodities controlled by ECCN 6A003.a.3, 6A003.a.4, or
6A003.a.6 will be or are intended to be used by a `military end-user,'
as defined in paragraph (d) of this section in all destinations except
Canada.
(ii) Commodities described in ECCNs 0A504 (incorporating
commodities controlled by ECCNs 6A002 or 6A003, or commodities
controlled by 6A993.a that meet the criterion of Note 3.a to
6A003.b.4), 6A002, 6A003 (other than 6A003.a.3, 6A003.a.4, and
6A003.a.6), or 6A993.a (having a maximum frame rate equal to or less
than 9 Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), or
8A002.d will be or are intended to be used by a `military end-user,' as
defined in paragraph (d) of this section in all destinations except
those specified in Country Group A:1.
(iii) Commodities described in ECCNs 0A504 (incorporating
commodities controlled by ECCNs 6A002 or 6A003, or commodities
controlled by 6A993.a that meet the criterion of Note 3.a to
6A003.b.4), 6A002, 6A003, or 6A993.a (having a maximum frame rate equal
to or less than 9 Hz and thus meeting the criteria of Note 3.a to
6A003.b.4), or 8A002.d will be or are intended to be incorporated into
a ``military commodity'' controlled by ECCN 0A919 in all destinations
except Canada.
* * * * *
PART 774--COMMERCE CONTROL LIST
0
5. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(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. 1824; 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.
0
6. Amend supplement no. 1 to part 774 by:
0
a. Revising ECCNs 6A003 and 6A203; and
0
b. Adding ECCN 6A293.
The revisions and addition read as follows:
* * * * *
6A003 Cameras, systems or equipment, and ``components'' therefor, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, NP, RS, AT, UN
Country Chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry................ NS Column 2
NP applies to cameras controlled by NP Column 1
6A003.a.3 or a.4 and to plug-ins in
6A003.a.6 for cameras controlled by
6A003.a.3 or a.4.
[[Page 13593]]
RS applies to 6A003.b.3, 6A003.b.4.a, RS Column 1
6A003.b.4.c and to items controlled in
6A003.b.4.b that have a frame rate
greater than 60 Hz or that incorporate a
focal plane array with more than 111,000
elements, or to items in 6A003.b.4.b when
being exported or reexported to be
embedded in a civil product. (But see
Sec. 742.6(a)(2)(iii) and (v) for
certain exemptions).
RS applies to items controlled in RS Column 2
6A003.b.4.b that have a frame rate of 60
Hz or less and that incorporate a focal
plane array with not more than 111,000
elements if not being exported or
reexported to be embedded in a civil
product.
AT applies to entire entry................ AT Column 1
UN applies to 6A003.b.3 and b.4........... See Sec. 746.1(b) for UN
controls
License Requirement Note: Commodities that are not subject to
the ITAR but are of the type described in USML Category XII(c) are
controlled as cameras in ECCN 6A003 when they incorporate a camera
controlled in this ECCN.
Reporting Requirements
See Sec. 743.3 of the EAR for thermal camera reporting for exports
that are not authorized by an individually validated license of
thermal imaging cameras controlled by ECCN 6A003.b.4.b to
destinations in Country Group A:1 (see Supplement No. 1 to part 740
of the EAR), must be reported to BIS.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1500, except N/A for 6A003.a.3 through a.6, b.1, b.3 and b.4.
GBS: N/A
Special Conditions for STA
STA: License Exception STA may not be used to ship any commodity in
6A003.b.3 or b.4 to any of the destinations listed in Country Group
A:6 (See Supplement No.1 to part 740 of the EAR).
List of Items Controlled
Related Controls: (1) See ECCNs 6E001 (``development''), 6E002
(``production''), and 6E201 (``use'') for technology for items
controlled under this entry. (2) Also see ECCN 6A203. (3) See ECCN
0A919 for foreign made military commodities that incorporate cameras
described in 6A003. (4) Section 744.9 imposes a license requirement
on cameras described in 6A003 if being exported, reexported, or
transferred (in-country) for use by certain military end-users or
for incorporation into a commodity controlled by ECCN 0A919. (5) See
USML Category XII(c) and (e) for cameras subject to the ITAR. (6)
Also see ECCN 6A293.
Related Definitions: N/A
Items:
a. Instrumentation cameras and ``specially designed''
``components'' therefor, as follows:
Note: Instrumentation cameras, controlled by 6A003.a.3 to
6A003.a.5, with modular structures should be evaluated by their
maximum capability, using plug-ins available according to the camera
manufacturer's specifications.
a.1. [Reserved]
a.2. [Reserved]
a.3. Electronic streak cameras having temporal resolution better
than 50 ns;
a.4. Electronic framing cameras having a speed exceeding
1,000,000 frames/s;
a.5. Electronic cameras having all of the following:
a.5.a. An electronic shutter speed (gating capability) of less
than 1[micro]s per full frame; and
a.5.b. A read out time allowing a framing rate of more than 125
full frames per second;
a.6. Plug-ins having all of the following characteristics:
a.6.a. ``Specially designed'' for instrumentation cameras which
have modular structures and that are controlled by 6A003.a; and
a.6.b. Enabling these cameras to meet the characteristics
specified by 6A003.a.3, 6A003.a.4 or 6A003.a.5, according to the
manufacturer's specifications;
b. Imaging cameras as follows:
Note: 6A003.b does not control television or video cameras
``specially designed'' for television broadcasting.
b.1. Video cameras incorporating solid state sensors, having a
peak response in the wavelength range exceeding 10 nm, but not
exceeding 30,000 nm and having all of the following:
b.1.a. Having any of the following:
b.1.a.1. More than 4 x 10\6\ ``active pixels'' per solid state
array for monochrome (black and white) cameras;
b.1.a.2. More than 4 x 10\6\ ``active pixels'' per solid state
array for color cameras incorporating three solid state arrays; or
b.1.a.3. More than 12 x 10\6\ ``active pixels'' for solid state
array color cameras incorporating one solid state array; and
b.1.b. Having any of the following:
b.1.b.1. Optical mirrors controlled by 6A004.a.;
b.1.b.2. Optical control equipment controlled by 6A004.d.; or
b.1.b.3. The capability for annotating internally generated
`camera tracking data';
Technical Notes:
1. For the purposes of 6A003.b.1, digital video cameras should
be evaluated by the maximum number of ``active pixels'' used for
capturing moving images.
2. For the purposes of 6A003.b.1.b.3, `camera tracking data' is
the information necessary to define camera line of sight orientation
with respect to the earth. This includes: (1) the horizontal angle
the camera line of sight makes with respect to the earth's magnetic
field direction and; (2) the vertical angle between the camera line
of sight and the earth's horizon.
b.2. Scanning cameras and scanning camera systems, having all of
the following:
b.2.a. A peak response in the wavelength range exceeding 10 nm,
but not exceeding 30,000 nm;
b.2.b. Linear detector arrays with more than 8,192 elements per
array; and
b.2.c. Mechanical scanning in one direction;
Note: 6A003.b.2 does not apply to scanning cameras and scanning
camera systems, ``specially designed'' for any of the following:
a. Industrial or civilian photocopiers;
b. Image scanners ``specially designed'' for civil, stationary,
close proximity scanning applications (e.g., reproduction of images
or print contained in documents, artwork, or photographs); or
c. Medical equipment.
b.3. Imaging cameras incorporating image intensifier tubes
having the characteristics listed in 6A002.a.2.a or 6A002.a.2.b;
b.4. Imaging cameras incorporating ``focal plane arrays'' having
any of the following:
b.4.a. Incorporating ``focal plane arrays'' controlled by
6A002.a.3.a to 6A002.a.3.e;
b.4.b. Incorporating ``focal plane arrays'' controlled by
6A002.a.3.f; or
b.4.c. Incorporating ``focal plane arrays'' controlled by
6A002.a.3.g;
Note 1: Imaging cameras described in 6A003.b.4 include ``focal
plane arrays'' combined with sufficient ``signal processing''
electronics, beyond the read out integrated circuit, to enable as a
minimum the output of an analog or digital signal once power is
supplied.
Note 2: 6A003.b.4.a does not control imaging cameras
incorporating linear ``focal plane arrays'' with 12 elements or
fewer, not employing time-delay-and-integration within the element
and designed for any of the following:
a. Industrial or civilian intrusion alarm, traffic or industrial
movement control or counting systems;
b. Industrial equipment used for inspection or monitoring of
heat flows in buildings, equipment, or industrial processes;
c. Industrial equipment used for inspection, sorting or analysis
of the properties of materials;
d. Equipment ``specially designed'' for laboratory use; or
e. Medical equipment.
Note 3: 6A003.b.4.b does not control imaging cameras having any
of the following:
a. A maximum frame rate equal to or less than 9 Hz;
b. Having all of the following:
1. Having a minimum horizontal or vertical `Instantaneous-Field-
of-View (IFOV)' of at least 2 mrad (milliradians);
2. Incorporating a fixed focal-length lens that is not designed
to be removed;
[[Page 13594]]
3. Not incorporating a `direct view' display; and
Technical Note: For the purposes of 6A003.b.4 Note 3.b.3,
'direct view' refers to an imaging camera operating in the infrared
spectrum that presents a visual image to a human observer using a
near-to-eye micro display incorporating any light-security
mechanism.
4. Having any of the following:
a. No facility to obtain a viewable image of the detected field-
of-view; or
b. The camera is designed for a single kind of application and
designed not to be user modified; or
Technical Note: For the purposes of 6A003.b.4 Note 3.b.1,
`Instantaneous-Field-of-View (IFOV)' is the lesser figure of the
`Horizontal IFOV' or the `Vertical IFOV'.
`Horizontal IFOV' = horizontal Field-of-View (FOV)/number of
horizontal detector elements
`Vertical IFOV'= vertical Field-of-View (FOV)/number of vertical
detector elements.
c. The camera is ``specially designed'' for installation into a
civilian passenger land vehicle and having all of the following:
1. The placement and configuration of the camera within the
vehicle are solely to assist the driver in the safe operation of the
vehicle;
2. Is operable only when installed in any of the following:
a. The civilian passenger land vehicle for which it was intended
and the vehicle weighs less than 4,500 kg (gross vehicle weight); or
b. A ``specially designed'', authorized maintenance test
facility; and
3. Incorporates an active mechanism that forces the camera not
to function when it is removed from the vehicle for which it was
intended.
Note: When necessary, details of the items will be provided,
upon request, to the Bureau of Industry and Security in order to
ascertain compliance with the conditions described in Note 3.b.4 and
Note 3.c in this Note to 6A003.b.4.b.
Note 4: 6A003.b.4.c does not apply to `imaging cameras' having
any of the following characteristics:
a. Having all of the following:
1. Where the camera is ``specially designed'' for installation
as an integrated component into indoor and wall-plug-operated
systems or equipment, limited by design for a single kind of
application, as follows:
a. Industrial process monitoring, quality control, or analysis
of the properties of materials;
b. Laboratory equipment ``specially designed'' for scientific
research;
c. Medical equipment;
d. Financial fraud detection equipment; and
2. Is only operable when installed in any of the following:
a. The system(s) or equipment for which it was intended; or
b. A ``specially designed,'' authorized maintenance facility;
and
3. Incorporates an active mechanism that forces the camera not
to function when it is removed from the system(s) or equipment for
which it was intended;
b. Where the camera is ``specially designed'' for installation
into a civilian passenger land vehicle or passenger and vehicle
ferries and having all of the following:
1. The placement and configuration of the camera within the
vehicle or ferry are solely to assist the driver or operator in the
safe operation of the vehicle or ferry;
2. Is only operable when installed in any of the following:
a. The civilian passenger land vehicle for which it was intended
and the vehicle weighs less than 4,500 kg (gross vehicle weight);
b. The passenger and vehicle ferry for which it was intended and
having a length overall (LOA) 65 m or greater; or
c. A ``specially designed'', authorized maintenance test
facility; and
3. Incorporates an active mechanism that forces the camera not
to function when it is removed from the vehicle for which it was
intended;
c. Limited by design to have a maximum ``radiant sensitivity''
of 10 mA/W or less for wavelengths exceeding 760 nm, having all of
the following:
1. Incorporating a response limiting mechanism designed not to
be removed or modified; and
2. Incorporates an active mechanism that forces the camera not
to function when the response limiting mechanism is removed; and
3. Not ``specially designed'' or modified for underwater use; or
d. Having all of the following:
1. Not incorporating a `direct view' or electronic image
display;
2. Has no facility to output a viewable image of the detected
field of view;
3. The ``focal plane array'' is only operable when installed in
the camera for which it was intended; and
4. The ``focal plane array'' incorporates an active mechanism
that forces it to be permanently inoperable when removed from the
camera for which it was intended.
Note: When necessary, details of the item will be provided, upon
request, to the Bureau of Industry and Security in order to
ascertain compliance with the conditions described in Note 4 above.
b.5. Imaging cameras incorporating solid-state detectors
specified by 6A002.a.1.
* * * * *
6A203 High-speed cameras, imaging devices and ``components''
therefor, other than those controlled by 6A003 (see List of Items
Controlled).
License Requirements
Reason for Control: NP, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
NP applies to entire entry................ NP Column 1
AT applies to entire entry................ AT Column 1
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: (1) See ECCNs 6E001 (``development''), 6E002
(``production''), and 6E201 (``use'') for technology for items
controlled under this entry. (2) See ECCN 6A003.a.3 and a.4. (3)
Also see ECCN 6A293.
Related Definitions: N/A
Items:
a. Streak cameras and ``specially designed'' components
therefor, as follows:
a.1. Streak cameras with writing speeds greater than 0.5 mm/
[micro]s;
a.2. Electronic streak cameras capable of 50 ns or less time
resolution;
a.3. Streak tubes for cameras described in 6A203.a.2;
a.4. Plug-ins, ``specially designed'' for use with streak
cameras having modular structures, that enable the performance
characteristics described in 6A203.a.1 or .a.2;
a.5. Synchronizing electronics units, and rotor assemblies
consisting of turbines, mirrors and bearings, that are ``specially
designed'' for cameras described in 6A203.a.1.
b. Framing cameras and ``specially designed'' components
therefor, as follows:
b.1. Framing cameras with recording rates greater than 225,000
frames per second;
b.2. Framing cameras capable of 50 ns or less frame exposure
time;
b.3. Framing tubes, and solid-state imaging devices, that have a
fast image gating (shutter) time of 50 ns or less and are
``specially designed'' for cameras described in 6A203.b.1 or .b.2;
b.4. Plug-ins, ``specially designed'' for use with framing
cameras having modular structures, that enable the performance
characteristics described in 6A203.b.1 or .b.2;
b.5. Synchronizing electronic units, and rotor assemblies
consisting of turbines, mirrors, and bearings, that are ``specially
designed'' for cameras described in 6A203.b.1 or .b.2.
c. Solid-state or electron tube cameras and ``specially
designed'' components therefor, as follows:
c.1. Solid-state cameras, or electron tube cameras, with a fast
image gating (shutter) time of 50 ns or less;
c.2. Solid-state imaging devices, and image intensifiers tubes,
that have a fast image gating (shutter) time of 50 ns or less and
are ``specially designed'' for cameras described in 6A203.c.1;
c.3. Electro-optical shuttering devices (Kerr or Pockels cells)
with a fast image gating (shutter) time of 50 ns or less;
c.4. Plug-ins, ``specially designed'' for use with cameras
having modular structures, that enable the performance
characteristics described in 6A203.c.1.
Technical Note: High speed single frame cameras can be used
alone to produce a single image of a dynamic event, or several such
cameras can be combined in a sequentially-triggered system to
produce multiple images of an event.
d. Radiation-hardened TV cameras, or lenses therefor,
``specially designed'' or rated as radiation hardened to withstand a
total radiation dose greater than 5 x 10\4\ Gy (silicon) without
operational degradation.
[[Page 13595]]
Technical Note: The term Gy (silicon) refers to the energy in
Joules per kilogram absorbed by an unshielded silicon sample when
exposed to ionizing radiation.*
* * * * *
6A293 Cameras not classified ECCNs 6A003 or 6A203 with all the
following characteristics: (see List of Items Controlled).
License Requirements
Reason for Control: NP, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
NP applies to entire entry................ NP Column 1
AT applies to entire entry................ AT Column 1
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
Special Conditions for STA
STA: License Exception STA (Sec. 740.20 of the EAR) may not be used
for ECCN 6A293.
List of Items Controlled
Related Controls: See ECCNs 6A003 and 6A203.
Related Definitions: N/A
Items:
a. Minimum exposure time of 1 microsecond or faster, and
b. a throughput of 13.43 Giga Pixels/s or greater when taken at
205,000 frames/s.
Technical Note: Throughput = Width (pixels) x Height (pixels) x
Frames per Second. The width and Height in pixels are those that are
achieved at 205,000 frames per second.
Note: This entry includes cameras which may be referred to as
high-speed digital imaging cameras, high-speed video cameras or
slow-motion cameras or any other camera that meets these parameters.
* * * * *
Thea R. Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-03661 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-33-P
