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. 

Applicability 

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. 

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 

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 

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 

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: 

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 

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 13591 

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 

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 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 

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 


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13592 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 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 

■ 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). 

* * * * * 

(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: 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: 

§ 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 

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) 

Country Chart 

(see Supp. No. 

1 to part 738) 

NS applies to entire 

entry.

NS Column 2 

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.

NP Column 1 


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Control(s) 

Country Chart 

(see Supp. No. 

1 to part 738) 

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 Column 1 

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.

RS Column 2 

AT applies to entire 

entry.

AT Column 1 

UN applies to 

6A003.b.3 and b.4.

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. 

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 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 

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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13594 Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 

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; 

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) 

Country chart 

(see Supp. No. 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/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. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 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 

Control(s) 

Country chart 

(see Supp. No. 

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 (§ 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 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Parts 684, 686, and 688 

[Docket No. ETA–2022–0005] 

RIN 1205–AC08 

Workforce Innovation and Opportunity 

Act Title I Non-Core Programs 

Effectiveness in Serving Employers 

Performance Indicator 

AGENCY: Employment and Training 

Administration (ETA), Labor. 

ACTION: Final rule. 

SUMMARY: 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 

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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