[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Notices]
[Pages 51271-51272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20168]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 0808251149-81159-01]


Foreign Availability Assessment: Uncooled Thermal Imaging Cameras 
Incorporating Microbolometer Focal Plane Arrays

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Notice of Initiation of a Foreign Availability Assessment and 
Request for Comments.

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SUMMARY: This notice is to announce that the Bureau of Industry and 
Security (BIS) is initiating a foreign availability assessment pursuant 
to sections 5(f) and 5(h) of the Export Administration Act of 1979, as 
amended (EAA). The Office of Technology Evaluation (OTE) will oversee 
the assessment of the foreign availability in China of uncooled thermal 
imaging cameras incorporating microbolometer focal plane arrays. BIS is 
also seeking public comments on the foreign availability of these 
cameras in China.

DATES: Comments must be received by September 17, 2008.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include the phrase 
``Microbolometer FA Study'' in the subject line;
     Fax: (202) 482-5361.
     Mail or Hand Delivery/Courier: Ryan Hajen, Office of 
Technology Evaluation, Bureau of Industry and Security, U.S. Department 
of Commerce, Room 1093, 14th Street and Pennsylvania Avenue, NW., 
Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Office of Technology 
Evaluation, Department of Commerce, Washington, DC 20230, Telephone: 
(202) 482-2385; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Sections 5(f) and 5(h) of the Export Administration Act of 1979, as 
amended (EAA), authorizes the Secretary of Commerce to conduct foreign 
availability assessments to examine and reevaluate the effectiveness of 
U.S. dual-use export controls on certain items that are controlled for 
national security reasons under the Export Administration Regulations 
(EAR). The Bureau of Industry and Security (BIS) has been delegated the 
responsibility of conducting these assessments and compiling a final 
report for the Secretary's review and consideration when issuing a 
final foreign availability determination. Part 768 of the EAR sets 
forth the procedures related to foreign availability assessments. BIS 
is publishing this notice to announce the initiation of an assessment 
and to request public comments on certain aspects of the item under 
review.

Foreign Availability Assessment

    On behalf of the Secretary, BIS has initiated an assessment in 
response to a certified foreign availability petition received from the 
Sensors and Instrumentation Technical Advisory Committee (SITAC). The 
SITAC petition asserts the foreign availability of uncooled thermal 
imaging cameras in China. These cameras incorporate microbolometer 
focal plane arrays operating in a spectral band between 8 and 14 
microns, with a frame rate no higher than 60 Hz, and a pixel count of 
110,592 or less. These items are currently controlled for national 
security reasons under Export Control Commodity Classification Number 
(ECCN) 6A003.b.4.b on the Commerce Control List (Supplement No. 1 to 
Part 774 of the EAR). The SITAC petition asserts that cameras of 
comparable quality to those subject to control under 6A003.b.4.b are 
available-in-fact from China in sufficient quantities to render the 
U.S. export control of the cameras ineffective.
    BIS has reviewed the SITAC petition and determined that it has 
sufficient evidence to show that foreign availability of these cameras 
exists. Therefore, BIS is initiating a foreign availability assessment 
of uncooled thermal imaging cameras incorporating microbolometer focal 
plane arrays. Upon completion of the assessment, BIS will submit its 
findings to the Secretary of Commerce, who in turn will issue a final 
determination for the Department. The final determination will be 
published in the Federal Register.

Request for Comments

    To assist in assessing the foreign availability of these cameras, 
BIS is seeking public comments and submissions that relate to the 
following information:
     Product names and model designations of cameras that are 
made in China and that are comparable to the U.S. cameras with a 
spectral band between 8 and 14 microns, a frame rate of no more than 60 
Hz, and a pixel count of 110,592 or less (U.S. cameras);
     Names and locations of Chinese companies that produce and 
export indigenously-produced cameras comparable to U.S. cameras;
     Chinese production quantities, sales, and/or exports of 
cameras comparable to U.S. cameras;
     Data on imports of Chinese cameras comparable to U.S. 
cameras, and/or testing and analysis of such cameras;
     An estimate of the economic impact on U.S. companies of 
the export controls on the U.S. cameras.
    Any tangible evidence to support the above information would also 
be useful to BIS in its conduct of this assessment. Examples of other 
useful evidence are found in Supplement No. 1 to Part 768 of the EAR.

Submission of Comments

    All comments must be submitted to the address indicated in this 
notice. The Department of Commerce requires that all comments be 
submitted in written form.
    BIS encourages interested persons who wish to comment to do so at 
the earliest possible time. The period for submission of comments will 
close on September 17, 2008. BIS will consider all comments received 
before the close of the comment period. Comments received after the 
close of the comment period will be considered if possible, but their 
consideration cannot be assured.

[[Page 51272]]

    BIS will accept comments or information accompanied by a request 
that part or all of the material be treated confidentially because of 
its proprietary nature. The information for which confidential 
treatment is requested must be submitted to BIS separately from non-
confidential information. Each page containing company confidential 
information must be marked ``Confidential Information.'' Please be 
careful to mark only that information that is legitimately company 
confidential, trade secret, proprietary, or financial information with 
the ``confidential information'' designation. If submitted information 
fails to meet the standards for confidential treatment, BIS will 
immediately return the information to the submitter.
    Information submitted in response to this notice, and not deemed 
confidential, will be a matter of public record and will be available 
for public inspection and copying. The Office of Administration, Bureau 
of Industry and Security, U.S. Department of Commerce, displays public 
comments on the BIS Freedom of Information Act (FOIA) Web site at 
http://www.bis.doc.gov/foia. This office does not maintain a separate 
public inspection facility. If you have technical difficulties 
accessing this Web site, please call BIS's Office of Administration, at 
(202) 482-1093, for assistance.

    Dated: August 26, 2008.
Christopher Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-20168 Filed 8-29-08; 8:45 am]
BILLING CODE 3510-JT-P