Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23941 

Models Compliance time without Gussets installed Compliance time with Gussets installed 

(ii) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000 

hours TIS on the airplane or within the next 

10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100 

hours TIS from the last inspection performed, whichever occurs later. Repetitively 

thereafter at intervals not to exceed every 

100 hours TIS. 

(ii) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000 

hours TIS on the airplane or within the next 

10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100 

hours TIS from the last inspection performed, whichever occurs later. Repetitively 

thereafter at intervals not to exceed every 

100 hours TIS. 

(3) AT–602, AT–802, and AT–802A .................. (i) With less than 5,000 hours TIS on the airplane: Initially upon accumulating 1,300 

hours TIS on the airplane or within the next 

100 hours TIS after August 10, 2007 (the 

effective date of AD 2007–13–17), whichever occurs later. Repetitively thereafter at 

intervals not to exceed every 300 hours 

TIS. 

(i) With less than 5,000 hours TIS on the airplane: Initially upon accumulating 1,300 

hours TIS on the airplane or within the next 

100 hours TIS after June 1, 2009 (the effective date of this AD), whichever occurs 

later. Repetitively thereafter at intervals not 

to exceed every 300 hours TIS. 

(ii) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000 

hours TIS on the airplane or within the next 

10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100 

hours TIS from the last inspection performed, whichever occurs later. Repetitively 

thereafter at intervals not to exceed every 

100 hours TIS. 

(ii) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000 

hours TIS on the airplane or within the next 

10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100 

hours TIS from the last inspection performed, whichever occurs later. Repetitively 

thereafter at intervals not to exceed every 

100 hours TIS. 

(f) For all airplanes: Before further flight 

after any inspection required by paragraph 

(e)(1), (e)(2), and (e)(3) of this AD where 

crack damage is found, replace with a new 

engine mount or repair the engine mount. 

(1) If choosing repair, return cracked 

mounts to Air Tractor, Inc. for repair or 

obtain FAA-approved written repair 

instructions coordinated with Air Tractor, 

Inc. before starting the repair. 

(2) Contact Air Tractor, Inc., P.O. Box 485, 

Olney, Texas 76374; telephone: (940) 564– 

5616; fax: (940) 564–5612; Internet: http:// 

www.airtractor.com, for specific FAAapproved repair/replacement instructions. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Fort Worth Airplane 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Andy McAnaul, 

Aerospace Engineer, ASW–150, FAA San 

Antonio MIDO–43, 10100 Reunion Place, 

Suite 650, San Antonio, Texas 78216; phone: 

(210) 308–3365; fax: (210) 308–3370. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(h) AMOCs approved for AD 2008–10–12 

are not approved for this AD. 

Material Incorporated by Reference 

(i) You must use Snow Engineering Co. 

Service Letter #253, Rev. C, dated April 17, 

2008, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) As of June 12, 2008 (73 FR 25967), the 

Director of the Federal Register approved the 

incorporation by reference of Snow 

Engineering Co. Service Letter #253, Rev. C, 

dated April 17, 2008, under 5 U.S.C. 552(a) 

and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Air Tractor Inc., P.O. Box 

485, Olney, Texas 76374; telephone: (940) 

564–5616; fax: (940) 564–5612. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Kansas City, Missouri 

64106; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr_

locations.html. 

Issued in Kansas City, Missouri, on May 

15, 2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–11902 Filed 5–21–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 734, 738, 740, 742, 

743, 744, 746, 772 and 774 

[Docket No. 0612242573–7104–01] 

RIN 0694–AD71 

Revisions to License Requirements 

and License Exception Eligibility for 

Certain Thermal Imaging Cameras and 

Foreign Made Military Commodities 

Incorporating Such Cameras 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule imposes a license 

requirement for certain exports and 

reexports of military commodities 

manufactured outside the United States 

that are not subject to the International 

Traffic in Arms Regulations, regardless 

of the level of U.S. origin content, if 

those military commodities incorporate 

certain thermal imaging cameras that are 

subject to the Export Administration 

Regulations. This rule also removes 

Commerce Control List (CCL) based 

export and reexport license 

requirements with respect to 36 

destinations for certain thermal imaging 

cameras when they are not incorporated 

into military commodities and if they 

are not being exported or reexported to 

be embedded in a civil product. It 

imposes a semi-annual reporting 

requirement on the transactions from 

which it removes the CCL based license 

requirements. This rule limits use of 

License Exception APR for reexports of 

certain cameras controlled by Export 

Control Classification Number 

6A003.b.4.b and certain foreign made 

military commodities incorporating 

such cameras. This rule imposes a 

license requirement for software used to 

increase the frame rate of certain 

cameras. BIS is making these changes in 

recognition of the emerging availability 

of these cameras around the world, the 

export licensing practices of other 

governments and the potential use of 

these cameras in military applications. 

DATES: Effective Date: This rule is 

effective May 22, 2009. 


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23942 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

Compliance Date: All reexports made 

ineligible for License Exception APR by 

this rule and exports or reexports for 

which this rule imposes a new license 

requirement must be in compliance 

with this rule no later than June 22, 

2009. 

FOR FURTHER INFORMATION CONTACT: John 

Varesi, Sensors and Aviation Division, 

Office of National Security and 

Technology Transfer Controls (202) 

482–1114 or jvaresi@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Export Administration 

Regulations (EAR) impose license 

requirements on, among other things, 

imaging cameras incorporating nonspace-qualified, non-linear (2- 

dimensional) infrared focal plane arrays, 

based on microbolometer material 

having individual elements with an 

unfiltered response in the wavelength 

range equal to or exceeding 8,000 nm 

but not exceeding 14,000 nm. Prior to 

publication of this rule, these cameras 

were listed on the Commerce Control 

List (CCL) with national security (NS 

column 2), regional stability (RS column 

1), antiterrorism (AT column 1) and 

United Nations embargo (UN) reasons 

for control. The RS column 1 reason for 

control is the most restrictive of these 

controls, imposing a license 

requirement on exports and reexports to 

all destinations other than Canada. Prior 

to publication of this rule, all of these 

cameras were also eligible under 

License Exception APR for reexport 

from Country Group A:1 and 

cooperating countries to Country Group 

D:1, and for reexport to Country Group 

A:1 and cooperating countries as 

identified in Supplement No. 1 to part 

740 of the EAR. 

In light of the potential for these 

cameras to be used in military 

applications as well as the growing 

number of foreign suppliers and the 

export license policies of other 

governments with respect to the 

destinations that form major markets for 

thermal imaging cameras, a revision of 

CCL based license requirements on 

certain cameras is warranted. 

These cameras have the potential for 

military application, including 

incorporation into military commodities 

in ways that significantly enhance the 

capabilities of the military commodity. 

Therefore, in this rule, BIS is asserting 

licensing jurisdiction over military 

commodities manufactured outside the 

United States that incorporate certain 

cameras that are listed on the CCL. This 

rule adopts a definition of military 

commodity that is based on the 

Munitions List that is published by the 

Wassenaar Arrangement on Export 

Controls for Conventional Arms and 

Dual-Use Goods and Technologies 

(WAML) and the United States 

Munitions List (22 CFR Part 121). 

However, to prevent redundant 

coverage, this military commodity 

provision does not apply to items that 

are controlled by Export Control 

Classification Numbers (ECCNs) that 

end in the numerals ‘‘018’’ because such 

ECCNs apply to items on the WAML 

and are already subject to the EAR. This 

rule also revises controls based on 

camera performance level as measured 

by the number of elements in the 

camera’s focal plane array, its frame rate 

and whether the camera is being 

exported or reexported to be embedded 

in a civil product. A camera that 

incorporates a focal plane array with 

more elements generally can record 

more detail about an image than can an 

otherwise identical camera that 

incorporates an array with fewer 

elements. A camera with a higher frame 

rate generally can capture more detail 

about the path of a moving object and 

depict the motion of objects more 

smoothly than can an otherwise 

identical camera with a lower frame 

rate. Cameras that will be embedded in 

a civil product pose concerns that are 

difficult to resolve without knowing the 

type of civil product into which the 

camera will be embedded. 

Changes Being Made by This Rule 

Application of EAR to Military 

Commodities Not Otherwise Subject to 

the EAR or to the ITAR That Incorporate 

Certain Infrared Cameras 

This rule makes the de minimis 

provisions of the EAR inapplicable to 

military commodities made outside the 

United States that are not subject to the 

International Traffic in Arms 

Regulations (ITAR) (22 CFR Parts 120— 

130) and that incorporate cameras that 

are described in ECCN 6A003.b.4.b. 

The rule also imposes a regional 

stability (RS column 1) license 

requirement on such military 

commodities for reexport, thereby 

requiring a license to any destination 

other than Canada. However, this 

license requirement does not apply if 

the export or reexport is part of a 

military deployment by any unit of the 

government of Australia, Austria, 

Belgium, Bulgaria, Canada, Cyprus, 

Czech Republic, Denmark, Estonia, 

Finland, France, Germany, Greece, 

Hungary, Iceland, Ireland, Italy, Japan, 

Latvia, Lithuania, Luxembourg, Malta, 

the Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Slovakia, 

Slovenia, South Africa, South Korea, 

Spain, Sweden, Switzerland, Turkey, 

the United Kingdom or the United 

States. Applications to reexport such 

military commodities will be reviewed 

in a manner that is consistent with the 

policies for similar military 

commodities that are subject to the 

ITAR. 

The rule accomplishes these changes 

by revising § 734.4 to make foreign 

made military commodities containing 

ECCN 6A003.b.4.b cameras ineligible for 

de minimis treatment, by revising 

§ 742.6(a)(2) to apply the RS column 1 

license requirement and United States 

Munitions List licensing policy to 

military commodities controlled by 

ECCN 0A919, by revising § 772.1 adding 

a definition of ‘‘military commodity,’’ 

and by revising Supplement No. 1 to 

part 774 to create a new ECCN 0A919 

to apply to military commodities made 

outside the United States that are not 

subject to the ITAR. This rule also 

imposes anti-terrorism (AT Column 1) 

and United Nations (arms embargo, 

Rwanda) license requirements and 

licensing policy to military commodities 

controlled by ECCN 0A919. 

This rule also revises the treatment of 

thermal imaging cameras that 

incorporate focal plane arrays as 

described below. 

Retention of Current License 

Requirements and License Application 

Review Policy for the Higher Frame 

Rates and Number of Elements in the 

Cameras’ Focal Plane Arrays and for 

Cameras Being Exported or Reexported 

To Be Embedded in a Civil Product 

Thermal imaging cameras described 

in ECCN 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 that are 

being exported or reexported to be 

embedded in a civil product continue to 

be subject to NS column 2, RS column 

1, AT column 1 and UN reasons for 

control. These cameras generally will 

continue to require a license based on 

CCL license requirements for all 

destinations other than Canada. This 

rule retains this license requirement 

through revised language to the RS 

column 1 license requirement paragraph 

in ECCN 6A003, applying that 

requirement to cameras in ECCN 

6A003.b.4.b that have a frame rate 

greater than 60 Hz or a focal plane array 

with more than 111,000 elements or that 

are being exported or reexported to be 

embedded in a civil product. However, 

pursuant to this rule, BIS may issue 

licenses that remove the RS column 1 

license requirement for cameras that are 

fully-packaged for use as consumerVerDate Nov<24>2008 13:10 May 21, 2009 Jkt 217001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1

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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23943 

ready civil products for exports or 

reexports to Australia, Austria, Belgium, 

Bulgaria, Cyprus, Czech Republic, 

Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Iceland, 

Ireland, Italy, Japan, Latvia, Lithuania, 

Luxembourg, Malta, the Netherlands, 

New Zealand, Norway, Poland, 

Portugal, Romania, Slovakia, Slovenia, 

South Africa, South Korea, Spain, 

Sweden, Switzerland, Turkey, and the 

United Kingdom. 

Removal of Commerce Control List 

Based License Requirements for 36 

Countries and Revision of License 

Application Review Policy for Certain 

Other Countries for Cameras With Lower 

Frame Rates and Number of Elements in 

the Cameras’ Focal Plane Arrays That 

Are Not Being Exported or Reexported 

To Be Embedded in a Civil Product 

This rule removes all CCL based 

license requirements for cameras 

described in ECCN 6A003.b.4.b that 

incorporate focal plane arrays with not 

more than 111,000 elements and that 

have a frame rate of 60 Hz or less and 

that are not being exported or 

reexported to be embedded in a civil 

product when being exported or 

reexported to Australia, Austria, 

Belgium, Bulgaria, Cyprus, Czech 

Republic, Denmark, Estonia, Finland, 

France, Germany, Greece, Hungary, 

Iceland, Ireland, Italy, Japan, Latvia, 

Lithuania, Luxembourg, Malta, the 

Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Slovakia, 

Slovenia, South Africa, South Korea, 

Spain, Sweden, Switzerland, Turkey, 

and the United Kingdom. Exports and 

reexports of the cameras to Canada will 

continue to have no Commerce Control 

List based license requirements. 

In addition, pursuant to this rule, BIS 

may issue licenses that remove the RS 

column 1 license requirement for 

exports and reexports to authorized 

companies as named in the license for 

the purpose of embedding such camera 

into a completed product that will be 

distributed only in Australia, Austria, 

Belgium, Bulgaria, Cyprus, Czech 

Republic, Denmark, Estonia, Finland, 

France, Germany, Greece, Hungary, 

Iceland, Ireland, Italy, Japan, Latvia, 

Lithuania, Luxembourg, Malta, the 

Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Slovakia, 

Slovenia, South Africa, South Korea, 

Spain, Sweden, Switzerland, Turkey, 

and the United Kingdom. 

This rule also revises license 

application review policy for cameras 

described in ECCN 6A003.b.4.b that 

incorporate focal plane arrays with not 

more than 111,000 elements and that 

have a frame rate of 60 Hz or less and 

that are not being exported or 

reexported to be embedded in a civil 

product when such cameras are being 

exported or reexported to most 

destinations for which a license is 

required for regional stability reasons. 

Applications to export or reexport 

cameras incorporating a focal plane 

array with not more than 111,000 

elements and a frame rate of 60 Hz or 

less and that are not being exported or 

reexported to be embedded in a civil 

product will be evaluated under the 

regional stability policy (RS column 2) 

set forth in § 742.6(b)(2) of the EAR, i.e., 

‘‘will generally be considered favorably 

on a case-by-case basis unless there is 

evidence that the export or reexport 

would contribute significantly to the 

destabilization of the region to which 

the equipment is destined.’’ 

Imposition of Reporting Requirement 

This rule imposes a new reporting 

requirement with respect to exports for 

which this rule’s revision or removal of 

regional stability as a reason for control 

results in the removal of all CCL based 

license requirements. Exporters of 

cameras described in ECCN 6A003.b.4.b 

will have to report semiannually to BIS 

by e-mail the name, address and 

telephone number of the exporter; the 

date of each export; the name, address 

and telephone number of the consignee 

or end user; the model number(s); the 

serial number of each exported camera 

that has a serial number; and the 

quantity of each model number of 

camera exported without a license to 

Australia, Austria, Belgium, Bulgaria, 

Cyprus, Czech Republic, Denmark, 

Estonia, Finland, France, Germany, 

Greece, Hungary, Iceland, Ireland, Italy, 

Japan, Latvia, Lithuania, Luxembourg, 

Malta, the Netherlands, New Zealand, 

Norway, Poland, Portugal, Romania, 

Slovakia, Slovenia, South Africa, South 

Korea, Spain, Sweden, Switzerland, 

Turkey, and the United Kingdom. BIS 

will use the information in these reports 

to verify that the cameras subject to this 

regulation are continuing to be sold to 

appropriate end-users and that the 

changes in controls are not jeopardizing 

U.S. national security or foreign policy 

interests. The rule imposes this 

reporting requirement by adding a new 

§ 743.3—Thermal Imaging Camera 

Reporting. 

Limitation on Use of License Exception 

APR for Cameras in ECCN 6A003.b.4.b 

This rule limits use of License 

Exception APR for cameras described in 

ECCN 6A003.b.4.b by making such 

cameras ineligible for reexport under 

paragraph (a) of License Exception APR, 

and limits their reexport under 

paragraph (b) to destinations and for 

purposes for which they would not have 

a CCL based license requirement if 

exported from the United States. BIS is 

making this change to enable BIS to 

inform, via license conditions, the 

recipients of the reexports of the need 

to obtain a license for further reexports. 

Revised Treatment of Cambodia and 

Laos With Respect to Paragraph (a) of 

License Exception APR 

This rule revises the treatment of 

Cambodia and Laos as eligible 

destinations under License Exception 

APR. Although both countries are in 

Country Group D:1 and not in Country 

Group B, prior to publication of this 

rule, for purposes of License Exception 

APR, paragraph (a) they were treated as 

if the were in Country Group B (the 

items eligible for reexport under 

paragraph (a) of License Exception APR 

vary based on the country group in 

which the destination is located). Upon 

publication of this rule, they will be 

treated in the a same manner as other 

members of Country Group D:1 BIS is 

making this change because current 

national security interests of the United 

States do not support such disparate 

treatment of countries in Country Group 

D:1. 

New End-User and End-Use License 

Requirements 

In recognition of the fact that these 

cameras could be used in military 

activities, this rule imposes a license 

requirement on exports and reexports to 

all destinations other than Canada, 

when the exporter or reexporter knows, 

at the time of export or reexport, that the 

item will be used by a military end-user 

or will be incorporated into a military 

commodity described in ECCN 0A919 as 

created by this rule. The rule defines 

military end-user as national armed 

services (army, navy, marine, air force, 

or coast guard), as well as the national 

guard and national police, government 

intelligence or reconnaissance 

organizations, or any person or entity 

whose actions or functions are intended 

to support ‘‘military end-uses’’ as 

defined in § 744.17(d). 

This rule also imposes a license 

requirement if BIS informs an exporter 

or reexporter, either individually by 

specific notice or through amendment to 

the EAR, that a license is required for 

export or reexport of items described in 

ECCN 6A003.b.4.b to specified endusers, because BIS has determined that 

there is an unacceptable risk of 

diversion to military end-users. 

Amendments to the EAR informing 

parties of such risk are in the form of 

amendments to the Entity List 


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23944 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

(Supplement No. 4 to part 744 of the 

EAR). 

Addition of Certain Cameras to the List 

of Items That Require a License for 

Export, Reexport or Transfer to Certain 

Military End Uses in China 

Supplement No. 2 to part 744 of the 

EAR lists items for which § 744.21 of the 

EAR requires a license for the export, 

reexport or transfer to certain military 

end-uses in the People’s Republic of 

China. This rules adds cameras 

controlled by ECCN 6A993 to 

Supplement No. 2 to part 744. BIS is 

taking this action consistent with 

United States Government policy of not 

supporting China’s military 

modernization efforts. 

Imposition of License Requirement for 

Software To Raise the Frame Rate of 

Cameras Above 9 Hz 

This rule adds a new ECCN 6D994 to 

apply RS column 1 licensing 

requirement to software that is capable 

of increasing to more than 9 Hz, the 

frame rate of cameras that incorporate 

focal plane arrays controlled by 

6A002.a.3.f. This new ECCN will allow 

BIS to impose a license requirement on 

software that could be used to raise the 

frame rate of previously exported 

cameras to a level equivalent to that of 

cameras that require a license for export. 

Rulemaking Requirements 

1. This rule is not a significant rule for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor 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 

contains a collection previously 

approved by the OMB under control 

numbers 0694–0088, (Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. BIS estimates that this rule 

will reduce the total burden hours 

associated with this collection by 1,750 

annually. 

The reporting requirement for exports 

of cameras described in ECCN 

6A3.b.4.b, imposed by this rule is a new 

collection of information. This new 

collection has been approved by OMB 

under control number 0694–0133. The 

estimated burden associated with this 

new collection is 60 hours annually. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military or foreign 

affairs function of the United States (see 

5 U.S.C. 553(a)(1)). Further, no other 

law requires that a notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq., are 

not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Parts 738 and 772 

Exports. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 743 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Parts 746 and 774 

Exports, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for part 730 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; 

22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 

U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 

U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 

466c; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 

22 U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 

CFR, 1976 Comp., p. 114; E.O. 12002, 42 FR 

35623, 3 CFR, 1977 Comp., p. 133; E.O. 

12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 

179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 

Comp., p. 256; E.O. 12851, 58 FR 33181, 3 

CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 

36587, 3 CFR, 1993 Comp., p. 179; E.O. 

12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 

899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 12947, 60 FR 5079, 3 

CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 

62981, 3 CFR, 1995 Comp., p. 419; E.O. 

13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 

219; 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; E.O. 13338, 69 FR 26751, May 13, 2004; 

Notice of July 23, 2008, 73 FR 43603 (July 25, 

2008); Notice of November 10, 2008, 73 FR 

67097 (November 12, 2008). 

■ 2. Supplement No. 1 to part 730 is 

amended by adding to the table 

immediately following the entry for 

collection number 0694–0132 and 

immediately preceding the entry for 

0964–0134, the following new entry. 

Supplement No. 1 to Part 730— 

Information Collection Requirements 

Under the Paperwork Reduction Act: 

OMB Control Numbers 

* * * * * 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23945 

Collection No. Title Reference in 

the EAR 

* * * * * * * 

0694–0133 ................................................ Thermal Imaging Camera Reporting ........................................................................... § 743.3 

* * * * * * * 

PART 734—[AMENDED] 

■ 3. The authority citation for part 734 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 

FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of July 23, 2008, 73 FR 

43603 (July 25, 2008); Notice of November 

10, 2008, 73 FR 67097 (November 12, 2008). 

■ 4. Section 734.4 is amended by 

redesignating paragraph (a)(5) as 

paragraph (a)(6) and adding a new 

paragraph (a)(5) to read as follows: 

§ 734.4 De Minimis U.S. content. 

(a) * * * 

(5) There is no de minimis level for 

foreign made military commodities that 

incorporate cameras classified under 

ECCN 6A003.b.4.b if such cameras 

would be subject to the EAR as separate 

items and if the foreign made military 

commodity is not subject to the 

International Traffic in Arms 

Regulations (22 U.S.C. Parts 120–130). 

* * * * * 

PART 738—[AMENDED] 

■ 5. The authority citation for part 738 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 

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; Notice of July 23, 2008, 73 FR 

43603 (July 25, 2008). 

■ 6. In Supplement No. 1 to part 738, 

The Commerce Country Chart, add: 

■ a. References to footnote number 2 in 

the rows for Cyprus, Malta and South 

Africa, 

■ b. References to footnote number 3 in 

the rows for Australia, Austria, Belgium, 

Bulgaria, Cyprus, Czech Republic, 

Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Iceland, 

Ireland, Italy, Japan, Korea, South, 

Latvia, Lithuania, Luxembourg, Malta, 

Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Slovakia, 

Slovenia, South Africa, Spain, Sweden, 

Switzerland, Turkey, and United 

Kingdom. 

■ c. References to footnote number 4 in 

rows for the countries Austria, Cyprus, 

Finland, Ireland, Korea, South, Malta, 

South Africa, Sweden, and Switzerland; 

and 

■ d. New footnotes 2 through 4 to the 

table to read as follows: 

Supplement No. 1 to Part 738— 

Commerce Country Chart 

* * * * * 2See § 742.4(a) for special provisions that 

apply to exports and reexports to these 

countries of certain thermal imaging cameras. 3See § 742.6(a)(3) for special provisions 

that apply to military commodities that are 

subject to ECCN 0A919. 4See § 742.6(a)(2) and (4)(ii) regarding 

special provisions for exports and reexports 

of certain thermal imaging cameras to these 

countries. 

PART 740—[AMENDED] 

■ 7. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; Sec. 901–911, Public Law 

106–387; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of July 23, 

2008, 73 FR 43603 (July 25, 2008). 

■ 8. Section 740.2 is amended by adding 

paragraph (a)(11) to read as follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(11) The item is a ‘‘military 

commodity’’ subject to ECCN 0A919, 

except that such military commodities 

may be reexported in accordance with 

§ 740.11(b)(2)(ii) (official use by 

personnel and agencies of the U.S. 

Government). 

* * * * * 

■ 9. Section 740.16 is amended by 

revising paragraph (a)(2), paragraph 

(a)(3)(i), paragraph (a)(3)(ii) and 

paragraph (b) to read as follows: 

§ 740.16 Additional permissive reexports 

(APR). 

* * * * * 

(a) * * * 

(2) The commodities being reexported 

are not controlled for NP, CB, MT, SI or 

CC reasons and are not military 

commodities described in ECCN 0A919 

or cameras described in ECCN 

6A003.b.4.b; and 

(3) * * * 

(i) A country in Country Group B that 

is not also included in Country Group 

D:2, D:3, or D:4; and the commodity 

being reexported is both controlled for 

national security reasons and not 

controlled for export to Country Group 

A:1; or 

(ii) A country in Country Group D:1 

(National Security) (see Supplement No. 

1 to part 740), other than North Korea 

and the commodity being reexported is 

controlled for national security reasons. 

(b) Reexports to and among specified 

countries. (1) Commodities that are not 

controlled for nuclear nonproliferation 

or missile technology reasons and that 

are not listed in paragraph (b)(2) or 

(b)(3) of this section may be reexported 

to and among Country Group A:1 and 

cooperating countries, provided that 

eligible commodities are for use or 

consumption within a Country Group 

A:1 (see Supplement No. 1 to part 740) 

or cooperating country, or for reexport 

from such country in accordance with 

other provisions of the EAR.* * * 

(2) Except as provided in paragraph 

(b)(3) of this section, cameras described 

in ECCN 6A003.b.4.b and ‘‘military 

commodities’’ described in ECCN 

0A919 may not be exported under this 

paragraph (b). 

(3) Cameras described in ECCN 

6A003.b.4.b may be exported or 

reexported to and among: Australia, 

Austria, Belgium, Bulgaria, Canada, 

Cyprus, Czech Republic, Denmark, 

Estonia, Finland, France, Germany, 

Greece, Hungary, Iceland, Ireland, Italy, 

Japan, Latvia, Lithuania, Luxembourg, 

Malta, the Netherlands, New Zealand, 

Norway, Poland, Portugal, Romania, 

Slovakia, Slovenia, South Africa, South 

Korea, Spain, Sweden, Switzerland, 

Turkey, and the United Kingdom if: 

(i) Such cameras are fully packaged 

for use as consumer ready civil 

products; or, (ii) Such cameras with not 

more than 111,000 elements are to be 

embedded in civil products. 

* * * * * 


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23946 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

PART 742—[AMENDED] 

■ 10. The authority citation for 15 CFR 

part 742 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 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; Sec 1503, Public Law 108–11, 

117 Stat. 559; 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. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; Presidential 

Determination 2003–23 of May 7, 2003, 68 

FR 26459, May 16, 2003; Notice of July 23, 

2008, 73 FR 43603 (July 25, 2008); Notice of 

November 10, 2008, 73 FR 67097 (November 

12, 2008). 

■ 11. Section 742.4 is amended by 

revising the third sentence of paragraph 

(a) and by adding a new sentence 

immediately following that third 

sentence to read as follows: 

§ 742.4 National security. 

(a) * * * A license is required to all 

destinations except Country Group A:1 

and cooperating countries (see 

Supplement No. 1 to part 740), Bulgaria, 

Czech Republic, Estonia, Hungary, 

Iceland, Latvia, Lithuania, Poland, 

Romania, Slovakia, and Slovenia for all 

items in ECCNs on the CCL that include 

NS column 2 in the Commerce Country 

Chart column of the ‘‘License 

Requirements’’ section except those 

cameras in ECCN 6A003.b.4.b that have 

a focal plane array with 111,000 or 

fewer elements and a frame rate of 60 

Hz or less. A license is required to all 

destinations except Australia, Austria, 

Belgium, Bulgaria, Canada, Cyprus, 

Czech Republic, Denmark, Estonia, 

Finland, France, Germany, Greece, 

Hungary, Iceland, Ireland, Italy, Japan, 

Latvia, Lithuania, Luxembourg, Malta, 

the Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Slovakia, 

Slovenia, South Africa, South Korea, 

Spain, Sweden, Switzerland, Turkey, 

and the United Kingdom for those 

cameras in ECCN 6A003.b.4.b that have 

a focal plane array with 111,000 or 

fewer elements and a frame rate of 60 

Hz or less and for cameras being 

exported or reexported pursuant to an 

authorization described in 

§ 742.6(a)(2)(iii) or (v) of the EAR.* * * 

* * * * * 

■ 12. Section § 742.6 is amended by 

revising paragraph (a) and paragraph 

(b)(1) and paragraph (b)(2) to read as 

follows: 

§ 742.6 Regional stability. 

(a) License requirements. The 

following controls are maintained in 

support of U.S. foreign policy to 

maintain regional stability: 

(1) RS Column 1 License 

Requirements in General. As indicated 

in the CCL and in RS column 1 of the 

Commerce Country Chart (see 

Supplement No. 1 to part 738 of the 

EAR), a license is required to all 

destinations, except Canada, for items 

described on the CCL under ECCNs 

6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3, 

and b.4.a; 6A008.j.1; 6A998.b; 6D001 

(only ‘‘software’’ for the ‘‘development’’ 

or ‘‘production’’ of items in 6A002.a.1, 

a.2, a.3, .c; 6A003.b.3 and .b.4; or 

6A008.j.1); 6D002 (only ‘‘software’’ for 

the ‘‘use’’ of items in 6A002.a.1, a.2, a.3, 

.c; 6A003.b.3 and .b.4; or 6A008.j.1); 

6D991 (only ‘‘software’’ for the 

‘‘development,’’ ‘‘production,’’ or ‘‘use’’ 

of equipment controlled by 6A002.e or 

6A998.b); 6E001 (only technology’’ for 

‘‘development’’ of items in 6A002.a.1, 

a.2, a.3 (except 6A002.a.3.d.2.a and 

6A002.a.3.e for lead selenide focal plane 

arrays), and .c or .e, 6A003.b.3 and b.4, 

or 6A008.j.1); 6E002 (only ‘‘technology’’ 

for ‘‘production’’ of items in 6A002.a.1, 

a.2, a.3, .c, or .e, 6A003.b.3 or b.4, or 

6A008.j.1); 6E991 (only ‘‘technology’’ 

for the ‘‘development,’’ ‘‘production,’’ or 

‘‘use’’ of equipment controlled by 

6A998.b); 6D994; 7A994 (only QRS11– 

00100–100/101 and QRS11–0050–443/ 

569 Micromachined Angular Rate 

Sensors); 7D001 (only ‘‘software’’ for 

‘‘development’’ or ‘‘production’’ of 

items in 7A001, 7A002, or 7A003); 

7E001 (only ‘‘technology’’ for the 

‘‘development’’ of inertial navigation 

systems, inertial equipment, and 

specially designed components therefor 

for civil aircraft); 7E002 (only 

‘‘technology’’ for the ‘‘production’’ of 

inertial navigation systems, inertial 

equipment, and specially designed 

components therefor for civil aircraft); 

7E101 (only ‘‘technology’’ for the ‘‘use’’ 

of inertial navigation systems, inertial 

equipment, and specially designed 

components for civil aircraft). 

(2) Special RS Column 1 license 

requirements applicable to certain 

thermal imaging cameras. 

(i) As indicated in the CCL and in RS 

Column 1 of the Commerce Country 

Chart, cameras described in 6A003 b.4.b 

require a license to all destinations 

other than Canada if such cameras have 

a frame rate greater than 60 Hz. 

(ii) Except as noted in paragraph 

(a)(2)(iii) of this section, as indicated in 

the CCL and in RS Column 1 of the 

Commerce Country Chart, cameras 

described in 6A003 b.4.b require a 

license to all destinations other than 

Canada if such cameras incorporate a 

focal plane array with more than 

111,000 elements and a frame rate of 60 

Hz or less, or cameras described in 

6A003 b.4.b that are being exported or 

reexported to be embedded in a civil 

product. 

(iii) BIS may issue licenses for 

cameras subject to the license 

requirement of paragraph (a)(2)(ii) of 

this section that are fully-packaged for 

use as consumer-ready civil products 

that, in addition to the specific 

transactions authorized by such license, 

authorize exports and reexports of such 

cameras without a license to any civil 

end-user to whom such exports or 

reexport are not otherwise prohibited by 

U.S. law in Australia, Austria, Belgium, 

Bulgaria, Cyprus, Czech Republic, 

Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Iceland, 

Ireland, Italy, Japan, Latvia, Lithuania, 

Luxembourg, Malta, the Netherlands, 

New Zealand, Norway, Poland, 

Portugal, Romania, Slovakia, Slovenia, 

South Africa, South Korea, Spain, 

Sweden, Switzerland, Turkey, and the 

United Kingdom. The license 

requirements of this paragraph (a)(2) 

shall not apply to exports or reexports 

so authorized. In this paragraph, the 

term ‘‘civil end-user’’ means any entity 

that is not a national armed service 

(army, navy, marine, air force, or coast 

guard), national guard, national police, 

government intelligence organization or 

government reconnaissance 

organization, or any person or entity 

whose actions or functions are intended 

to support ‘‘military end-uses’’ as 

defined in 744.17(d). 

(iv) Except as noted in paragraph 

(a)(2)(v) of this section, as indicated in 

the CCL and in RS Column 1 of the 

Commerce Country Chart, cameras 

described in 6A003 b.4.b require a 

license to all destinations other than 

Canada if such cameras incorporate a 

focal plane array with 111,000 elements 

or less and a frame rate of 60 Hz or less 

and are being exported or reexported to 

be embedded in a civil product. 

(v) BIS may also issue licenses for the 

cameras described in paragraph 

(a)(2)(iv) that, in addition to the specific 

transactions authorized by such license, 

authorize exports and reexports to 

authorized companies described in the 

license for the purpose of embedding 

such cameras into a completed product 

that will be distributed only in 

Australia, Austria, Belgium, Bulgaria, 

Cyprus, Czech Republic, Denmark, 

Estonia, Finland, France, Germany, 

Greece, Hungary, Iceland, Ireland, Italy, 

Japan, Latvia, Lithuania, Luxembourg, 

Malta, the Netherlands, New Zealand, 

Norway, Poland, Portugal, Romania, 

Slovakia, Slovenia, South Africa, South 

Korea, Spain, Sweden, Switzerland, 

Turkey, and the United Kingdom. The 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23947 

license requirements of this paragraph 

(a)(2) shall not apply to exports or 

reexports so authorized. In this 

paragraph, the term ‘‘authorized 

companies’’ means companies that have 

been previously licensed for export, are 

not the subject of relevant negative 

intelligence or open source information, 

have not been the subject of a 

Department of Commerce or Department 

of State enforcement action within the 

past two years, have demonstrable 

production capacity, and do not pose an 

unacceptable risk of diversion. 

(3) Special RS Column 1 license 

requirement applicable to military 

commodities. A license is required for 

reexports to all destinations except 

Canada for items classified under ECCN 

0A919 except when such items are 

being reexported as part of a military 

deployment by a unit of the government 

of Australia, Austria, Belgium, Bulgaria, 

Canada, Cyprus, Czech Republic, 

Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Iceland, 

Ireland, Italy, Japan, Latvia, Lithuania, 

Luxembourg, Malta, the Netherlands, 

New Zealand, Norway, Poland, 

Portugal, Romania, Slovakia, Slovenia, 

South Africa, South Korea, Spain, 

Sweden, Switzerland, Turkey, the 

United Kingdom or the United States. 

(4) RS Column 2 license requirements. 

(i) License Requirements Applicable 

to Most RS Column 2 Items. As 

indicated in the CCL and in RS Column 

2 of the Commerce Country Chart (see 

Supplement No. 1 to part 738 of the 

EAR), a license is required to any 

destination except Australia, Japan, 

New Zealand, and countries in the 

North Atlantic Treaty Organization 

(NATO) for items described on the CCL 

under ECCNs 0A918, 0E918, 2A983, 

2D983, 2E983, 8A918, and for military 

vehicles and certain commodities 

(specially designed) used to 

manufacture military equipment, 

described on the CCL in ECCNs 

0A018.c, 1B018.a, 2B018, 9A018.a and 

.b, 9D018 (only software for the ‘‘use’’ 

of commodities in ECCN 9A018.a and 

.b), and 9E018 (only technology for the 

‘‘development’’, ‘‘production’’, or ‘‘use’’ 

of commodities in 9A018.a and .b). 

(ii) Special RS Column 2 license 

requirements applicable only to certain 

cameras. As indicated by the CCL, and 

RS column 2 and footnote number 4 to 

the Commerce Country Chart, a license 

is required to any destination except 

Australia, Austria, Belgium, Bulgaria, 

Canada, Cyprus, Czech Republic, 

Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Iceland, 

Ireland, Italy, Japan, Latvia, Lithuania, 

Luxembourg, Malta, the Netherlands, 

New Zealand, Norway, Poland, 

Portugal, Romania, Slovakia, Slovenia, 

South Africa, South Korea, Spain, 

Sweden, Switzerland, Turkey, and the 

United Kingdom for fully-packaged 

thermal imaging cameras for use as 

consumer-ready civil products 

controlled by 6A003.b.4.b when 

incorporating ‘‘focal plane arrays’’ that 

have not more than 111,000 elements 

and a frame rate of 60 Hz or less and 

that are not being exported or 

reexported to be embedded in a civil 

product. 

(5) RS requirements that apply to Iraq. 

As indicated on the CCL, a license is 

required for the export or reexport to 

Iraq or transfer within Iraq of the 

following items controlled for RS 

reasons on the CCL: 0B999, 0D999, 

1B999, 1C992, 1C995, 1C997, 1C999 and 

6A992. The Commerce Country Chart is 

not designed to determine RS licensing 

requirements for these ECCNs. 

(6) RS requirement that applies to 

Hong Kong. A license is required to 

export or reexport to Hong Kong any 

item controlled in ECCN 6A003.b.4.b 

(b) * * * 

(1) Applications for exports and 

reexports described in paragraph (a)(1), 

(a)(2) or (a)(6) of this section will be 

reviewed on a case-by-case basis to 

determine whether the export or 

reexport could contribute directly or 

indirectly to any country’s military 

capabilities in a manner that would alter 

or destabilize a region’s military balance 

contrary to the foreign policy interests 

of the United States. Applications for 

reexports of items described in 

paragraph (a)(3) of this section will be 

reviewed applying the policies for 

similar commodities that are subject to 

the International Traffic in Arms 

Regulations (22 CFR Parts 120–130). 

(2) Applications to export and 

reexport commodities described in 

paragraph (a)(4) of this section will 

generally be considered favorably on a 

case-by-case basis unless there is 

evidence that the export or reexport 

would contribute significantly to the 

destabilization of the region to which 

the equipment is destined. 

* * * * * 

PART 743—[AMENDED] 

■ 13. The authority citation for part 743 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 

Public Law 106–508; 50 U.S.C. 1701 et seq.; 

E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 

p. 783; Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008). 

■ 14. Add § 743.3 to read as follows: 

§ 743.3 Thermal imaging camera reporting. 

(a) General requirement. Exports of 

thermal imaging cameras must be 

reported to BIS as provided in this 

section. 

(b) Transactions to be reported. 

Exports that are not authorized by an 

individually validated license of 

thermal imaging cameras controlled by 

ECCN 6A003.b.4.b to Australia, Austria, 

Belgium, Bulgaria, Cyprus, Czech 

Republic, Denmark, Estonia, Finland, 

France, Germany, Greece, Hungary, 

Iceland, Ireland, Italy, Japan, Latvia, 

Lithuania, Luxembourg, Malta, the 

Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Slovakia, 

Slovenia, South Africa, South Korea, 

Spain, Sweden, Switzerland, Turkey, or 

the United Kingdom must be reported to 

BIS. 

(c) Party responsible for reporting. 

The exporter as defined in § 772.1 of the 

EAR must ensure the reports required 

by this section are submitted to BIS. 

(d) Information to be included in the 

reports. For each export described in 

paragraph (b) of this section, the report 

must identify: the name, address, and 

telephone number of the exporter; the 

date of each export; the name, address 

and telephone number of the consignee 

or end user; the model number(s) of 

each camera exported; the serial number 

of each exported camera that has a serial 

number; and the quantity of each model 

number of camera exported. (Note: 

Technical specifications may be 

requested on an as needed basis and 

must be provided to BIS after any such 

request.) 

(e) Where to submit reports. Submit 

the reports via e-mail to 

UTICreport@bis.doc.gov. 

(d) Reporting periods and due dates. 

This reporting requirement applies to 

exports made on or after May 22, 2009. 

Exports must be reported within one 

month of the reporting period in which 

the export takes place. The first 

reporting period begins on May 22, 2009 

and runs through June 30, 2009. 

Subsequent reporting periods shall 

begin on January 1 and July 1 of each 

year, and shall run through June 30, and 

December 31 respectively. Exports in 

each reporting period must be reported 

to BIS no later than the last day of the 

month following the month in which 

the reporting period ends. 

PART 744—[AMENDED] 

■ 15. The authority citation for part 744 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 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, 


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23948 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

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. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; 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 July 23, 2008, 73 FR 43603 

(July 25, 2008); Notice of November 10, 2008, 

73 FR 67097 (November 12, 2008). 

■ 16. Add § 744.9 to read as follows: 

§ 744.9 Restrictions on certain exports and 

reexports of cameras controlled by ECCN 

6A003.b.4.b. 

(a) General prohibitions. In addition 

to the applicable license requirements 

for national security, regional stability, 

anti-terrorism and United Nations 

embargo reasons in §§ 742.4, 742.6, 

742.8, 746.3 and 746.8 of the EAR, a 

license is required to export or reexport 

to any destination other than Canada 

cameras described in ECCN 6A003.b.4.b 

if at the time of export or reexport, the 

exporter or reexporter knows or is 

informed that the item will be or is 

intended to be: 

(1) Used by a ‘‘military end-user,’’ as 

defined in paragraph (d) of this section; 

or 

(2) Incorporated into a ‘‘military 

commodity’’ controlled by ECCN 

0A919. 

(b) Additional prohibition on 

exporters or reexporters informed by 

BIS. BIS may inform an exporter or 

reexporter, either individually by 

specific notice or through amendment to 

the EAR, that a license is required for 

the export or reexport of items described 

in ECCN 6A003.b.4.b to specified endusers, because BIS has determined that 

there is an unacceptable risk of 

diversion to the users or unauthorized 

incorporation into the ‘‘military 

commodities’’ described in paragraph 

(a) of this section. Specific notice is to 

be given only by, or at the direction of, 

the Deputy Assistant Secretary for 

Export Administration. When such 

notice is provided orally, it will be 

followed by a written notice within two 

working days signed by the Deputy 

Assistant Secretary for Export 

Administration. 

(c) License review standard. 

Applications for licenses required by 

this section will be reviewed by 

applying the policies that would be 

applied under the International Traffic 

in Arms Regulations (22 CFR Parts 120– 

130). 

(d) Military end-user. In this section, 

the term ‘‘military end-user’’ means the 

national armed services (army, navy, 

marine, air force, or coast guard), as well 

as the national guard and national 

police, government intelligence or 

reconnaissance organizations, or any 

person or entity whose actions or 

functions are intended to support 

‘‘military end-uses’’ as defined in 

§ 744.17(d). 

(e) Exception. Shipments subject to 

the prohibitions in paragraphs (a) and 

(b) of this section that are consigned to 

and for the official use of the U.S. 

Government authorized pursuant to 

§ 740.11(b)(2)(ii) of the EAR may be 

made under License Exception GOV. No 

other license exceptions apply to the 

prohibitions described in paragraphs (a) 

and (b) of this section. 

■ 17. In Supplement No. 2 to part 744, 

add a paragraph (6)(iii) to read as 

follows: 

Supplement No. 2 to Part 744—List of 

Items Subject to the Military End-Use 

License Requirement of § 744.21 

* * * * * 

(6) Category 6—Sensors and Lasers * * * 

(iii) 6A993 Cameras, not controlled by 

6A003 or 6A203 as follows (see List of Items 

Controlled). * * * 

PART 746—[AMENDED] 

■ 18. The authority citation for part 746 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, 

Public Law 108–11, 117 Stat. 559; 22 U.S.C. 

6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 

E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., 

p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Presidential Determination 2007–7 

of December 7, 2006, 72 FR 1899 (January 16, 

2007); Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008). 

■ 19. Section 746.8, paragraph (b)(1) is 

amended by adding a new sentence 

immediately following the existing third 

sentence to read as follows: 

§ 746.8 Rwanda. 

* * * * * 

(b) * * * 

(1) * * * Any U.S. person needs a 

license to reexport any item controlled 

by ECCN 0A919 to Rwanda. * * * 

* * * * * 

PART 772—[AMENDED] 

■ 21. The authority citation for 15 CFR 

part 772 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of July 23, 

2008, 73 FR 43603 (July 25, 2008). 

■ 22. Section 772.1 is amended by 

adding, in alphabetical order, a 

definition for ‘‘military commodity’’ to 

read as follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Military commodity. As used in 

§ 734.4(a)(5), Supplement No. 1 to part 

738 (footnote No. 3), § 740.2(a)(11), 

§ 740.16(a)(2), § 740.16(b)(2), 

§ 742.6(a)(3), § 744.9(a)(2), § 744.9(b), 

ECCN 0A919 and ECCN 6A003 (Related 

Controls), ‘‘military commodity’’ or 

‘‘military commodities’’ means an 

article, material or supply except 

software or technology that is described 

on the United States Munitions List (22 

CFR Part 121) or on the Munitions List 

that is published by the Wassenaar 

Arrangement on Export Controls for 

Conventional Arms and Dual-Use Goods 

and Technologies, but does not include 

any item listed in any Export Control 

Classification Number for which the last 

three numerals are 018. 

* * * * * 

PART 774—[AMENDED] 

■ 23. The authority citation for 15 CFR 

part 774 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 

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; Notice of July 23, 2008, 73 FR 

43603 (July 25, 2008). 

■ 24. In Supplement No. 1 to part 774, 

Category 0, immediately following 

Export Control Classification Number 

0A918 and immediately preceding 

Export Control Classification Number 

0A978 add an Export Control 

Classification Number 0A919 to read as 

follows: 

0A919 ‘‘Military commodities’’ as follows 

(see list of items controlled). 

License Requirements 

Reasons for Control: RS, AT, UN. 

Control(s) Country chart 

RS applies to entire entry RS Column 1. 

AT applies to entire entry AT Column 1. 

UN applies to entire entry Rwanda § 746.7 

of the EAR. 

License Exceptions 

LVS: N/A. 

GBS: N/A. 

CIV: N/A. 

List of Items Controlled 

Unit: $ value. 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23949 

Related Controls: (1) Military commodities 

are subject to the export licensing 

jurisdiction of the Department of State if they 

incorporate items that are subject to the 

International Traffic in Arms Regulations 

(ITAR) (22 CFR Parts 120–130). (2) Military 

commodities described in this paragraph are 

subject to the export licensing jurisdiction of 

the Department of State if such commodities 

are described on the United States Munitions 

List (22 CFR Part 121) and are in the United 

States. (3) The furnishing of assistance 

(including training) to foreign persons, 

whether in the United States or abroad in the 

design, development, engineering, 

manufacture, production, assembly, testing, 

repair, maintenance, modification, operation, 

demilitarization, destruction, processing, or 

use of defense articles that are subject to the 

ITAR; or the furnishing to foreign persons of 

any technical data controlled under 22 CFR 

121.1 whether in the United States or abroad 

are under the licensing jurisdiction of the 

Department of State. (4) Brokering activities 

(as defined in 22 CFR 129.9) of military 

commodities that are subject to the ITAR are 

under the licensing jurisdiction of the 

Department of State. 

Related Definitions: N/A. 

Items: ‘‘Military commodities’’ with all of 

the following characteristics: 

a. Described on either the United States 

Munitions List (22 CFR Part 121) or the 

Munitions List that is published by the 

Wassenaar Arrangement on Export Controls 

for Conventional Arms and Dual-Use Goods 

and Technologies (as set out on its Web site 

at http://www.wassenaar.org), but not any 

item listed in any Export Control 

Classification Number for which the last 

three characters are 018; 

b. Produced outside the United States; 

c. Not subject to the International Traffic in 

Arms Regulations (22 CFR Parts 120–130) for 

a reason other than presence in the United 

States; and 

d. Incorporate one or more cameras 

controlled under ECCN 6A003.b.4.b. 

■ 25. In Supplement No. 1 to part 774, 

Category 6, Export Control Classification 

Number 6A003, revise the ‘‘Reason for 

Control’’ and the ‘‘Related Controls’’ 

paragraphs to read as follows: 

6A003 Cameras. 

License Requirements 

Reason for Control: NS, NP, RS, AT, UN. 

Control(s) Country chart 

NS applies to entire entry ...................................................................................................................... NS Column 2. 

NP applies to items controlled in paragraphs 6A003.a.2, a.3 and a.4 ................................................. NP Column 1. 

RS applies to items controlled in 6A003.b.3, to items controlled in 6A003.b.4.a, 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. 

RS applies to items controlled in 6A003.b.4.b ..................................................................................... A license is required to export or reexport these items to Hong Kong. This 

license requirement does not appear 

in the Commerce Country Chart. 

AT applies to entire entry ...................................................................................................................... AT Column 1. 

UN applies to items controlled in 6A003.b.3 and b.4 .......................................................................... Iraq and Rwanda. 

License Exceptions 

* * * * * 

List of Items Controlled 

Unit: * * * 

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 8A002.d and .e 

for cameras specially designed or modified 

for underwater use. (4) See ECCN 0A919 for 

foreign made military commodities that 

incorporate cameras described in 

6A003.b.4.b. (5) Section 744.9 imposes 

license requirements on cameras described in 

6A003.b.4.b if being exported for 

incorporation into an item controlled by 

ECCN 0A919 or for a military end-user. 

* * * * * 

■ 26. In Supplement No. 1 to part 774, 

immediately following Export Control 

Classification Number 6D993, add a 

new Export Control Classification 

Number 6D994 to read as follows: 

6D994 ‘‘Software’’ designed or modified for 

cameras incorporating ‘‘focal plane arrays’’ 

specified by 6A002.a.3.f and designed or 

modified to remove a frame rate restriction 

and allow the camera to exceed the frame 

rate specified in 6A003.b.4. Note 3.a. 

License Requirements 

Reason for Control: RS. 

Control(s) Country chart 

RS applies to entire entry RS Column 1. 

License Exceptions 

CIV: N/A. 

TSR: N/A. 

List of Items Controlled 

Unit: $ value. 

Items: The list of Items Controlled is in the 

ECCN heading. 

Dated: May 18, 2009. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. E9–11951 Filed 5–21–09; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Customs and Border Protection 

Bureau 

DEPARTMENT OF THE TREASURY 

19 CFR Part 10 

[Docket No. USCBP–2009–0015; CBP Dec. 

09–17] 

RIN 1505–AC13 

Imported Directly Requirement Under 

the United States-Bahrain Free Trade 

Agreement 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Department of the Treasury. 

ACTION: Interim final rule; solicitation of 

comments. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations in title 19 of the Code 

of Federal Regulations (19 CFR) on an 

interim basis to change certain 

provisions relating to the requirement 

under the United States-Bahrain Free 

Trade Agreement (BFTA) that a good 

must be ‘‘imported directly’’ from one 


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