23938 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

issued under 5 U.S.C. 5304 and 5305; E.O. 

12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 

682; and E.O. 13106, 63 FR 68151, 3 CFR, 

1998 Comp., p. 224. 

Subpart B—Determining Rate of Basic 

Pay 

■ 2. In § 531.216, paragraphs (a), (c)(1), 

(c)(2)(i), (c)(2)(ii), (d)(1), and (d)(2)(i) are 

revised to read as follows: 

§ 531.216 Setting pay when an employee 

moves from a Department of Defense or 

Coast Guard nonappropriated fund 

instrumentality. 

(a) General. This section governs the 

setting of pay for an employee who 

moves to a GS position in the 

Department of Defense or the Coast 

Guard from a position in a 

nonappropriated fund instrumentality 

(NAFI) (as described in 5 U.S.C. 2105(c)) 

of the Department of Defense or the 

Coast Guard, respectively, without a 

break in service of more than 3 days. If 

an employee moves from a NAFI 

position to a GS position with a break 

of more than 3 days or moves from a 

NAFI position in the Department of 

Defense or the Coast Guard to a GS 

position outside of the Department of 

Defense or the Coast Guard, 

respectively, the employee has no 

special conversion rights and this 

section does not apply. 

* * * * * 

(c) Voluntary move. (1) For a 

Department of Defense or Coast Guard 

employee who moves voluntarily, 

without a break in service of more than 

3 days, from a NAFI position in the 

Department of Defense or the Coast 

Guard to a GS position in the 

Department of Defense or the Coast 

Guard, respectively, the agency may set 

the employee’s initial payable rate of 

basic pay at the lowest step rate in the 

highest applicable rate range currently 

in effect for the employee’s GS position 

of record and official worksite which 

equals or exceeds the employee’s NAFI 

highest previous rate of pay, or any 

lower step rate, except as provided in 

paragraph (c)(2) or (3) of this section. 

The employee’s initial payable rate of 

basic pay may not exceed the maximum 

step rate (step 10). 

(2) * * * 

(i) Compare the NAFI highest 

previous rate to the highest applicable 

rate range currently in effect in the 

location where the employee was 

stationed while earning that rate. The 

highest applicable rate range is 

determined based on the pay schedules 

that would be applicable to the 

employee’s current GS position of 

record if the employee were stationed in 

that location. Identify the lowest step 

rate in the highest applicable rate range 

that was equal to or exceeded the NAFI 

highest previous rate. If the NAFI 

highest previous rate is less than the 

range minimum, identify the minimum 

step rate (step 1). If the NAFI highest 

previous rate exceeds the range 

maximum, identify the maximum step 

rate (step 10). 

(ii) Identify the step rate in the highest 

applicable rate range for the employee’s 

current official worksite and position of 

record that corresponds to the step rate 

derived under paragraph (c)(2)(i) of this 

section. That corresponding rate is the 

maximum payable rate at which the 

agency may set the employee’s pay 

under this section, except as provided 

by paragraph (c)(3) of this section. The 

agency may set the employee’s rate of 

basic pay at any step rate that does not 

exceed that maximum payable rate. 

* * * * * 

(d) Involuntary move. (1) For a 

Department of Defense or Coast Guard 

employee who is moved involuntarily 

(as defined in paragraph (d)(3) of this 

section), without a break in service of 

more than 3 days, from a NAFI position 

in the Department of Defense or the 

Coast Guard to a GS position with 

substantially the same duties in the 

Department of Defense or the Coast 

Guard, respectively, the employee is 

entitled to an initial payable rate of 

basic pay at the lowest step rate of the 

grade that is equal to or greater than the 

employee’s rate of basic pay in the NAFI 

position immediately before the move. If 

the employee’s former NAFI rate 

exceeds the range maximum, identify 

the maximum step rate (step 10). 

(2) * * * 

(i) The lowest step rate within the 

highest applicable rate range for the 

employee’s GS position of record and 

official worksite that equals or exceeds 

the employee’s NAFI highest previous 

rate, or any lower step rate (consistent 

with the method prescribed in 

paragraphs (c)(1) and (2) of this section); 

* * * * * 

PART 550—PAY ADMINISTRATION 

(GENERAL) 

Subpart K—Collection by Offset From 

Indebted Government Employees 

■ 3. The authority citation for subpart K 

of part 550 continues to read as follows: 

Authority: 5 U.S.C. 5514; sec. 8(1) of E.O. 

11609; redesignated in sec. 2–1 of E.O. 

12107. 

■ 4. In § 550.1103, the definition of 

agency is revised to read as follows: 

§ 550.1103 Definitions. 

* * * * * 

Agency means an executive 

department or agency; a military 

department; the United States Postal 

Service; the Postal Regulatory 

Commission; any nonappropriated fund 

instrumentality described in 5 U.S.C. 

2105(c); the United States Senate; the 

United States House of Representatives; 

any court, court administrative office, or 

instrumentality in the judicial or 

legislative branches of the Government; 

or a Government corporation. If an 

agency under this definition is a 

component of an agency, the broader 

definition of agency may be used in 

applying the provisions of 5 U.S.C. 

5514(b) (concerning the authority to 

prescribe regulations). 

* * * * * 

[FR Doc. E9–12006 Filed 5–21–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0473; Directorate 

Identifier 2009–CE–027–AD; Amendment 

39–15915; AD 2009–11–05] 

RIN 2120–AA64 

Airworthiness Directives; Air Tractor, 

Inc. Models AT–400, AT–400A, AT–402, 

AT–402A, AT–402B, AT–502, AT–502A, 

AT–502B, AT–503A, AT–602, AT–802, 

and AT–802A Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) to 

supersede AD 2008–10–12, which 

applies to certain Air Tractor, Inc. AT– 

400, AT–500, AT–600, and AT–800 

series airplanes. AD 2008–10–12 

currently requires repetitively 

inspecting the engine mounts for cracks, 

repairing any crack damage found, and 

installing gussets as a terminating action 

for the repetitive inspections. This AD 

results from a report of a Model AT–602 

airplane with a crack completely 

through the gusset that was installed as 

required in AD 2008–10–12. 

Consequently, this AD would require 

you to continue repetitively inspecting 

the engine mounts for cracks for all 

previously affected Air Tractor, Inc. 

AT–400, AT–500, AT–600, and AT–800 

series airplanes with or without gussets 

installed, and repairing any crack 

damage found. We are issuing this AD 

to detect and correct cracks in the 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 23939 

engine mount, which could result in 

failure of the engine mount. This failure 

could lead to separation of the engine 

from the airplane. 

DATES: This AD becomes effective on 

June 1, 2009. 

As of June 12, 2008 (73 FR 25967, 

May 8, 2008), the Director of the Federal 

Register approved the incorporation by 

reference of Snow Engineering Co. 

Service Letter #253, Rev. C, dated April 

17, 2008, listed in this AD. 

We must receive any comments on 

this AD by July 21, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

To get the 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; Internet: http:// 

www.airtractor.com. 

To view the comments to this AD, go 

to http://www.regulations.gov. The 

docket number is FAA–2009–0473; 

Directorate Identifier 2009–CE–027–AD. 

FOR FURTHER INFORMATION CONTACT: 

Andy McAnaul, Aerospace Engineer, 

FAA, San Antonio MIDO–43, 10100 

Reunion Pl., Ste. 650, San Antonio, 

Texas 78216, telephone: (210) 308– 

3365, fax: (210) 308–3370; e-mail: 

andrew.mcanaul@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On April 30, 2008, we issued AD 

2008–10–12, Amendment 39–15518 (73 

FR 25967) on certain Air Tractor, Inc. 

AT–400, AT–500, AT–600, and AT–800 

series airplanes to supersede AD 2007– 

13–17. 

AD 2007–13–17 required you to 

repetitively inspect the engine mount 

for any cracks, repair or replace any 

cracked engine mount, and report any 

cracks found to the FAA. 

AD 2008–10–12 currently: 

• Retains the inspection actions of 

AD 2007–13–17 for Models AT–602, 

AT–802, and AT–802A airplanes, 

including the compliance times and 

effective dates; 

• Establishes new inspection actions 

for the AT–400 and AT–500 series 

airplanes; 

• Incorporates a mandatory 

terminating action for all affected 

airplanes by installing gussets; and 

• Terminates the reporting 

requirement of AD 2007–13–17. 

Since issuing AD 2008–10–12, we 

received a report of a Model AT–602 

airplane with a crack in the engine 

mount and completely through the 

gusset that was installed as a 

terminating action as required in AD 

2008–10–12. This engine mount was 

reported as having a crack that was 

repaired as part of the gusset 

installation. The mount reportedly 

accumulated approximately 1,100 hours 

time-in-service since being modified 

with the gusset. 

Air Tractor, Inc. believes that the 

crack may have been improperly 

repaired during installation of the 

gusset. Additional procedures may be 

necessary to adequately address 

inspection and repair of cracked engine 

mounts and assure proper installation of 

the gussets. 

This condition, if not corrected, could 

result in failure of the engine mount. 

This failure could lead to separation of 

the engine from the airplane. 

Relevant Service Information 

Snow Engineering Co. Service Letter 

#253, Rev. C, dated April 17, 2008, 

specified in AD 2008–10–12 is still 

valid for this AD. 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because we 

evaluated all the information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This AD requires 

repetitively inspecting the engine 

mounts for cracks and repairing any 

crack damage found. 

Air Tractor is reviewing the 

information related to the occurrences 

referenced in this AD and may develop 

additional procedures to adequately 

address inspection and repair of cracked 

engine mounts and assure proper 

installation of the gussets that, when 

incorporated, would eliminate the need 

for the repetitive inspections required 

by this AD. The FAA will review any 

modification that is developed, 

determine whether it would eliminate 

the need for the requirements of this 

action, and then determine whether 

additional AD action is necessary. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because cracks in the engine 

mounts could result in failure of the 

engine mount. Such failure could lead 

to separation of the engine from the 

airplane. Therefore, we determined that 

notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and an 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments regarding this 

AD. Send your comments to an address 

listed under the ADDRESSES section. 

Include the docket number ‘‘FAA– 

2009–0473; Directorate Identifier 2009– 

CE–027–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD. We will consider all 

comments received by the closing date 

and may amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

concerning this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 


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23940 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket that 

contains the AD, the regulatory 

evaluation, any comments received, and 

other information on the Internet at 

http://www.regulations.gov; or in person 

at the Docket Management Facility 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Office (telephone (800) 647– 

5527) is located at the street address 

stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

2008–10–12; Amendment 39–15518 (73 

FR 25967, May 8, 2008), and by adding 

a new AD to read as follows: 

2009–11–05 Air Tractor, Inc.: Amendment 

39–15915; Docket No. FAA–2009–0473; 

Directorate Identifier 2009–CE–027–AD. 

Effective Date 

(a) This AD becomes effective on June 1, 

2009. 

Affected ADs 

(b) This AD supersedes AD 2008–10–12; 

Amendment 39–15518. 

Applicability 

(c) This AD applies to the following 

airplane models and serial numbers that are 

certificated in any category: 

Models Serial Nos. 

AT–400, AT–400A, AT–402, AT–402A, and AT–402B ...................................................................................................... ¥0001 through ¥1175. 

AT–502, AT–502A, AT–502B, and AT–503A ..................................................................................................................... ¥0001 through ¥2597. 

AT–602 ................................................................................................................................................................................ ¥0001 through ¥1141. 

AT–802 and AT–802A ........................................................................................................................................................ ¥0001 through ¥0227. 

Unsafe Condition 

(d) This AD is the result of a report of a 

Model AT–602 airplane with a crack 

completely through the gusset that was 

installed as required in AD 2008–10–12. We 

are issuing this AD to detect and correct 

cracks in the engine mount, which could 

result in failure of the engine mount. Such 

failure could lead to separation of the engine 

from the airplane. 

Compliance 

(e) Inspect the engine mount as follows 

using the service information in paragraph (i) 

of this AD: 

Models Compliance time without Gussets installed Compliance time with Gussets installed 

(1) For all Models AT–400, AT–400A, AT–402, 

AT–402A, AT–402B, AT–502, AT–502B, and 

AT–503A airplanes 

Initially and repetitively as follows: 

(i) With less than 5,000 hours time-inservice (TIS) on the airplane: Initially 

within the next 12 months after June 

12, 2008 (the effective date of AD 

2008–10–12). Repetitively thereafter at 

intervals not to exceed every 12 

months until accumulating 5,000 hours 

TIS;.

Initially and repetitively as follows: 

(A) With less than 5,000 hours TIS on the 

airplane: Initially within the next 12 

months after June 1, 2009 (the effective date of this AD). Repetitively thereafter at intervals not to exceed every 

12 months until accumulating 5,000 

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..

(B) 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. 

(2) AT–502A ....................................................... (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 12, 2008 (the effective date of AD 2008–10–12), 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. 


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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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