[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Rules and Regulations]
[Pages 13590-13595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03661]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 744, and 774

[Docket No. 240130-0027]
RIN 0694-AI45


Revision of License Requirements of Certain Cameras, Systems, or 
Related Components

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: With this final rule, the Bureau of Industry and Security 
(BIS) amends the Export Administration Regulations (EAR), which it 
maintains, by revising license requirements for certain cameras, 
systems, and related components. These revisions will better align 
controls with technological and commercial developments, such as the 
items' global commercial availability, while recognizing the 
cooperative strategic relationship the United States has with our 
closest allies. In addition to these changes, BIS is adding controls on 
certain cameras that are not already controlled by either export 
control classification number (ECCN) 6A003 or 6A203. These new controls 
are detailed under new ECCN 6A293, which is a classification for 
temporary controls for which BIS is seeking multilateral agreement.

DATES: This rule is effective March 8, 2024.

FOR FURTHER INFORMATION CONTACT: For questions on the part 744 changes, 
contact John Varesi at (202) 482-1114 or [email protected].
    For questions on the part 774 changes, contact Steve Clagett at 
(202) 482-1641 or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    BIS is amending the EAR (15 CFR parts 730-774) by revising the 
license requirements for cameras in part 744 and by adding an ECCN that 
controls additional cameras to part 774. Background regarding these 
changes is detailed below.

Part 744

Modification to Existing Camera License Requirements

    This rule revises paragraph (a)(1) to Sec.  744.9 of the EAR. Prior 
to the effective date of this rule, paragraph (a)(1) was divided into 
(a)(1)(i) and (a)(1)(ii). To help ensure the restrictions in this 
paragraph are easily understood, this rule restructures the paragraph 
by adding (a)(1)(iii). The introductory text of (a)(1) will retain the 
same background information regarding applicable reasons for control, 
but the specific items discussed will be divided among (a)(1)(i) 
through (iii).
    Paragraph (a)(1)(i) will pertain to commodities controlled by ECCN 
6A003.a.3, 6A003.a.4, or 6A003.a.6 that will be or are intended to be 
used by a `military end-user,' as defined in paragraph (d) of Sec.  
744.9, in all destinations except Canada. This is a structural change 
to the paragraph only; the policy regarding these items remains the 
same. Similarly, this rule does not remove the license requirement 
forth in new paragraph Sec.  744.9(a)(1)(iii) for cameras, systems and 
related components being exported for incorporation into foreign 
``military commodities'' specified in ECCN 0A919.
    Paragraph (a)(1)(ii) will revise the policy pertaining to the 
original items (other than those controlled in 6A003.a.3, 6A003.a.4, 
and 6A003.a.6) by adding the phrase ``in all destinations except 
countries specified in Country Group A:1.'' This change will thereby 
more specifically focus the license requirement for the export, 
reexport, and transfer (in-country) on certain cameras, systems, and 
related components when destined for some of our closest allies. With 
this revision, BIS no longer requires a license for the cameras, 
systems, and related components described in ECCNs 0A504 (incorporating 
commodities controlled by ECCNs 6A002 or 6A003, or commodities 
controlled by 6A993.a that meet the criterion of Note 3.a to 
6A003.b.4), 6A002, 6A003 (other than 6A003.a.3, 6A003.a.4, and 
6A003.a.6), or 6A993.a (having a maximum frame rate equal to or less 
than 9 Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), or 
8A002.d when the items are intended to be used by a military end user 
in Country Group A:1 countries. Prior to publication of this rule, a 
license was required for such transactions to all destinations except 
Canada.
    With the effective date of this rule, focal plane arrays will 
continue to require a license to countries specified in Country Groups 
A:1 under other provisions of the EAR; these items are controlled for 
Regional Stability (RS) reasons to countries specified in RS Column 1 
on the Commerce Country Chart in supplement no. 1 to part 738 of the 
EAR, as well as other parts of the EAR (e.g., other sections in part 
744 or sanctions provisions in part 746). BIS does not allow the use of 
License

[[Page 13591]]

Exception Strategic Trade Authorization (STA) (Sec.  740.20 of the EAR) 
for these items. Regional Stability controls are detailed under Sec.  
742.6(a)(2) of the EAR. As a conforming change, this rule updates the 
related controls in ECCNs 6A003 such that they more accurately reflect 
changes to Sec.  744.9(a)(1).
    Portions of the original national security rationale for Sec.  
744.9(a)(1) are no longer relevant. In 2009, when the license 
requirement for ECCN 6A003.b.4.b items was first imposed, BIS sought 
visibility into their use by military end users. A 2016 revision to 
Sec.  744.9 expanded the license requirements to all items listed under 
ECCNs 6A002 and 6A003, and items listed under ECCN 6A993.a further 
reflected the interest in reviewing these transactions to military end 
users. However, the number of approved applications for these items 
going to County Group A:1 countries by BIS and the global commercial 
availability of these items warrants the removal of this license 
requirement.
    Specifically, license data since 2009 demonstrates that these 
items, when destined for Country Group A:1 countries, do not pose a 
national security risk to the United States. As a practical matter, 
BIS, through the interagency license review process, has approved 
thousands of license applications for these items to Country Group A:1 
countries over the past decade. Therefore, BIS has determined that U.S. 
Government and industry resources could be more effectively deployed 
reviewing transactions posing potentially higher risks.
    As stated above, the items controlled by Sec.  744.9 have become 
mainstream commercial products. In the aftermath of the COVID-19 global 
pandemic, one of the most popular uses of these cameras is to determine 
if a person has a fever before entering a building. However, prior to 
the publication of this rule, the export of these items under Sec.  
744.9 for a similar purpose by a military end user in any country would 
require a license. BIS determined this type of transaction no longer 
warrants review when destined to close allies. Given the high number of 
approvals and the absence of denials, the growing burden the 
regulations have placed on industry, and the licensing burden placed on 
BIS itself, BIS is removing the license requirements for these items 
when going to military end users in Country Group A:1 countries.
    BIS also notes the increased commercial availability of the items 
listed in Sec.  744.9. At the time Sec.  744.9 was first published, the 
commercial market for the items listed in the section was relatively 
new and U.S. exports of these items were not heavily impacted by the 
regulatory requirement. Since the 2016 revision, the global commercial 
market for these items has continued to expand. These items are now 
manufactured and widely available outside the United States, including 
in China. The combined impact of the expanded controls and growing 
global manufacturing of the items has resulted in restricted exports of 
U.S.-origin products and increased competition from non-U.S.-origin 
products. In many cases, the manufacturers who made these sales are 
located in countries outside of the Wassenaar Arrangement on Export 
Controls for Conventional Arms and Dual-Use Goods and Technologies, 
such as China. This rule ensures that U.S. companies are operating on a 
level playing field with foreign competitors when selling to end users 
in County Group A:1 countries.

Part 774

Addition of New Controls for Cameras Under ECCN 6A293

    As stated above, this final rule adds certain cameras under ECCN 
6A293 on the Commerce Control List (CCL), supplement no. 1 to part 774. 
While ECCNs 6A003 and 6A203 control specified cameras, this new control 
will capture cameras that are not controlled by either ECCNs 6A003 or 
6A203 and have the following characteristics: (1) minimum exposure time 
of 1 microsecond or faster; and (2) a throughput of 13.43 Giga Pixels 
per second or greater when taken at 205,000 frames per second. The 
control also includes a technical note with a formula for throughput 
and a note that describes some of the ways these cameras may be 
referenced by the public in non-technical terms. ECCN 6A293 has NP 
Column 1 and Anti-Terrorism (AT) Column 1 reasons for control; these 
reasons for control are detailed in part 742 of the EAR. ECCN 6A293 is 
not eligible for License Exception STA. As conforming changes, this 
rule updates the related controls in ECCNs 6A003 and 6A203 to include 
ECCN 6A293; this rule also revises Sec.  740.20(b)(2)(x) to include the 
limitation on STA for ECCN 6A293.
    ECCNs 6A003 and 6A203 control certain high-speed cameras that are 
on the Nuclear Suppliers Group (NSG) Dual Use Annex. The NSG is a 
multilateral regime of nuclear supplier countries seeking to address 
the non-proliferation of nuclear weapons through export controls. 
Following a technical analysis of high-speed camera systems, the U.S. 
Government determined that additional cameras, with specifications 
differing from those in ECCNs 6A003 and 6A203, have similar 
applications of proliferation concern. Accordingly, the new controls of 
these cameras under ECCN 6A293 are warranted. Cameras controlled in 
this new ECCN may be exported to NSG participating countries without a 
license, except to Russia, Belarus, and China. New ECCN 6A293 will 
allow implementation of these warranted temporary controls while BIS 
seeks multilateral agreement.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
4852. ECRA, as amended, provides the legal basis for BIS's principal 
authorities and serves as the authority under which BIS issues this 
rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This final rule has been designated a ``significant 
regulatory action,'' under Executive Order 12866.
    2. Notwithstanding any other provision of law, no person may be 
required to respond to or be subject to a penalty for failure to comply 
with a collection of information, subject to the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless 
that collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. This regulation involves a 
collection currently approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System. This collection 
includes, among other things, license applications and commodity 
classification, and carries a burden estimate of 29.6 minutes for a 
manual or electronic submission for a total burden estimate of 31,835 
hours. BIS does not expect the burden hours associated with this 
collection to change.
    3. This rule does not contain policies with federalism implications 
as that

[[Page 13592]]

term is defined under Executive Order 13132.
    4. Pursuant to Section 1762 of ECRA (50 U.S.C. 4821), this action 
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553) 
requirements for notice of proposed rulemaking, opportunity for public 
participation and delay in effective date.
    5. Because neither the Administrative Procedure Act nor any other 
law requires that notice of proposed rulemaking and an opportunity for 
public comment be given for this rule, the analytical requirements of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not 
applicable. Accordingly, no Final Regulatory Flexibility Analysis is 
required and none has been prepared.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 740, 744, and 774 of the Export Administration 
Regulations (15 CFR parts 730-774) are amended as follows:

PART 740--LICENSE EXCEPTIONS

0
1. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783.

0
2. Section 740.20 is amended by revising paragraph (b)(2)(x) to read as 
follows:


Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (b) * * *
    (2) * * *
    (x) License Exception STA may not be used for items controlled by 
ECCN 6A002; 6A293; 6D002 (software ``specially designed'' for the 
``use'' of commodities controlled under 6A002.b); 6D003.c; 6D991 
(software ``specially designed'' for the ``development,'' 
``production,'' or ``use'' of commodities controlled under 6A002 or 
6A003); 6E001 (``technology'' for the ``development'' of commodities 
controlled under ECCN 6A002 or 6A003); or 6E002 ``technology'' (for the 
``production'' of commodities controlled under ECCN 6A002 or 6A003).
* * * * *

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
3. The authority citation for 15 CFR part 744 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice 
of September 19, 2022, 87 FR 57569 (September 21, 2022); Notice of 
November 8, 2022, 87 FR 68015 (November 10, 2022).


0
4. Amend Sec.  744.9 by revising paragraph (a)(1) to read as follows:


Sec.  744.9  Restrictions on exports, reexports, and transfers (in-
country) of certain cameras, systems, or related components.

    (a) * * *
    (1) In addition to the applicable license requirements for nuclear 
nonproliferation, national security, regional stability, anti-
terrorism, and United Nations embargo reasons in Sec. Sec.  742.3, 
742.4, 742.6, 742.8, 746.1(b), and 746.3 of the EAR, a license is 
required pursuant to this section for specific exports, reexports, or 
transfers (in-country) if at the time of export, reexport, or transfer, 
the exporter, reexporter, or transferor knows or is informed that:
    (i) Commodities controlled by ECCN 6A003.a.3, 6A003.a.4, or 
6A003.a.6 will be or are intended to be used by a `military end-user,' 
as defined in paragraph (d) of this section in all destinations except 
Canada.
    (ii) Commodities described in ECCNs 0A504 (incorporating 
commodities controlled by ECCNs 6A002 or 6A003, or commodities 
controlled by 6A993.a that meet the criterion of Note 3.a to 
6A003.b.4), 6A002, 6A003 (other than 6A003.a.3, 6A003.a.4, and 
6A003.a.6), or 6A993.a (having a maximum frame rate equal to or less 
than 9 Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), or 
8A002.d will be or are intended to be used by a `military end-user,' as 
defined in paragraph (d) of this section in all destinations except 
those specified in Country Group A:1.
    (iii) Commodities described in ECCNs 0A504 (incorporating 
commodities controlled by ECCNs 6A002 or 6A003, or commodities 
controlled by 6A993.a that meet the criterion of Note 3.a to 
6A003.b.4), 6A002, 6A003, or 6A993.a (having a maximum frame rate equal 
to or less than 9 Hz and thus meeting the criteria of Note 3.a to 
6A003.b.4), or 8A002.d will be or are intended to be incorporated into 
a ``military commodity'' controlled by ECCN 0A919 in all destinations 
except Canada.
* * * * *

PART 774--COMMERCE CONTROL LIST

0
5. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783.


0
6. Amend supplement no. 1 to part 774 by:
0
a. Revising ECCNs 6A003 and 6A203; and
0
b. Adding ECCN 6A293.
    The revisions and addition read as follows:
* * * * *

6A003 Cameras, systems or equipment, and ``components'' therefor, as 
follows (see List of Items Controlled).

License Requirements

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

 
                                            Country Chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2
NP applies to cameras controlled by         NP Column 1
 6A003.a.3 or a.4 and to plug-ins in
 6A003.a.6 for cameras controlled by
 6A003.a.3 or a.4.

[[Page 13593]]

 
RS applies to 6A003.b.3, 6A003.b.4.a,       RS Column 1
 6A003.b.4.c and to items controlled in
 6A003.b.4.b that have a frame rate
 greater than 60 Hz or that incorporate a
 focal plane array with more than 111,000
 elements, or to items in 6A003.b.4.b when
 being exported or reexported to be
 embedded in a civil product. (But see
 Sec.   742.6(a)(2)(iii) and (v) for
 certain exemptions).
RS applies to items controlled in           RS Column 2
 6A003.b.4.b that have a frame rate of 60
 Hz or less and that incorporate a focal
 plane array with not more than 111,000
 elements if not being exported or
 reexported to be embedded in a civil
 product.
AT applies to entire entry................  AT Column 1
UN applies to 6A003.b.3 and b.4...........  See Sec.   746.1(b) for UN
                                             controls
 

    License Requirement Note: Commodities that are not subject to 
the ITAR but are of the type described in USML Category XII(c) are 
controlled as cameras in ECCN 6A003 when they incorporate a camera 
controlled in this ECCN.

Reporting Requirements

See Sec.  743.3 of the EAR for thermal camera reporting for exports 
that are not authorized by an individually validated license of 
thermal imaging cameras controlled by ECCN 6A003.b.4.b to 
destinations in Country Group A:1 (see Supplement No. 1 to part 740 
of the EAR), must be reported to BIS.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $1500, except N/A for 6A003.a.3 through a.6, b.1, b.3 and b.4.
GBS: N/A

Special Conditions for STA

STA: License Exception STA may not be used to ship any commodity in 
6A003.b.3 or b.4 to any of the destinations listed in Country Group 
A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See ECCNs 6E001 (``development''), 6E002 
(``production''), and 6E201 (``use'') for technology for items 
controlled under this entry. (2) Also see ECCN 6A203. (3) See ECCN 
0A919 for foreign made military commodities that incorporate cameras 
described in 6A003. (4) Section 744.9 imposes a license requirement 
on cameras described in 6A003 if being exported, reexported, or 
transferred (in-country) for use by certain military end-users or 
for incorporation into a commodity controlled by ECCN 0A919. (5) See 
USML Category XII(c) and (e) for cameras subject to the ITAR. (6) 
Also see ECCN 6A293.
Related Definitions: N/A
Items:
    a. Instrumentation cameras and ``specially designed'' 
``components'' therefor, as follows:

    Note: Instrumentation cameras, controlled by 6A003.a.3 to 
6A003.a.5, with modular structures should be evaluated by their 
maximum capability, using plug-ins available according to the camera 
manufacturer's specifications.
    a.1. [Reserved]
    a.2. [Reserved]
    a.3. Electronic streak cameras having temporal resolution better 
than 50 ns;
    a.4. Electronic framing cameras having a speed exceeding 
1,000,000 frames/s;
    a.5. Electronic cameras having all of the following:
    a.5.a. An electronic shutter speed (gating capability) of less 
than 1[micro]s per full frame; and
    a.5.b. A read out time allowing a framing rate of more than 125 
full frames per second;
    a.6. Plug-ins having all of the following characteristics:
    a.6.a. ``Specially designed'' for instrumentation cameras which 
have modular structures and that are controlled by 6A003.a; and
    a.6.b. Enabling these cameras to meet the characteristics 
specified by 6A003.a.3, 6A003.a.4 or 6A003.a.5, according to the 
manufacturer's specifications;
    b. Imaging cameras as follows:
    Note: 6A003.b does not control television or video cameras 
``specially designed'' for television broadcasting.
    b.1. Video cameras incorporating solid state sensors, having a 
peak response in the wavelength range exceeding 10 nm, but not 
exceeding 30,000 nm and having all of the following:
    b.1.a. Having any of the following:
    b.1.a.1. More than 4 x 10\6\ ``active pixels'' per solid state 
array for monochrome (black and white) cameras;
    b.1.a.2. More than 4 x 10\6\ ``active pixels'' per solid state 
array for color cameras incorporating three solid state arrays; or
    b.1.a.3. More than 12 x 10\6\ ``active pixels'' for solid state 
array color cameras incorporating one solid state array; and
    b.1.b. Having any of the following:
    b.1.b.1. Optical mirrors controlled by 6A004.a.;
    b.1.b.2. Optical control equipment controlled by 6A004.d.; or
    b.1.b.3. The capability for annotating internally generated 
`camera tracking data';
    Technical Notes:
    1. For the purposes of 6A003.b.1, digital video cameras should 
be evaluated by the maximum number of ``active pixels'' used for 
capturing moving images.
    2. For the purposes of 6A003.b.1.b.3, `camera tracking data' is 
the information necessary to define camera line of sight orientation 
with respect to the earth. This includes: (1) the horizontal angle 
the camera line of sight makes with respect to the earth's magnetic 
field direction and; (2) the vertical angle between the camera line 
of sight and the earth's horizon.
    b.2. Scanning cameras and scanning camera systems, having all of 
the following:
    b.2.a. A peak response in the wavelength range exceeding 10 nm, 
but not exceeding 30,000 nm;
    b.2.b. Linear detector arrays with more than 8,192 elements per 
array; and
    b.2.c. Mechanical scanning in one direction;
    Note: 6A003.b.2 does not apply to scanning cameras and scanning 
camera systems, ``specially designed'' for any of the following:
    a. Industrial or civilian photocopiers;
    b. Image scanners ``specially designed'' for civil, stationary, 
close proximity scanning applications (e.g., reproduction of images 
or print contained in documents, artwork, or photographs); or
    c. Medical equipment.
    b.3. Imaging cameras incorporating image intensifier tubes 
having the characteristics listed in 6A002.a.2.a or 6A002.a.2.b;
    b.4. Imaging cameras incorporating ``focal plane arrays'' having 
any of the following:
    b.4.a. Incorporating ``focal plane arrays'' controlled by 
6A002.a.3.a to 6A002.a.3.e;
    b.4.b. Incorporating ``focal plane arrays'' controlled by 
6A002.a.3.f; or
    b.4.c. Incorporating ``focal plane arrays'' controlled by 
6A002.a.3.g;
    Note 1: Imaging cameras described in 6A003.b.4 include ``focal 
plane arrays'' combined with sufficient ``signal processing'' 
electronics, beyond the read out integrated circuit, to enable as a 
minimum the output of an analog or digital signal once power is 
supplied.
    Note 2: 6A003.b.4.a does not control imaging cameras 
incorporating linear ``focal plane arrays'' with 12 elements or 
fewer, not employing time-delay-and-integration within the element 
and designed for any of the following:
    a. Industrial or civilian intrusion alarm, traffic or industrial 
movement control or counting systems;
    b. Industrial equipment used for inspection or monitoring of 
heat flows in buildings, equipment, or industrial processes;
    c. Industrial equipment used for inspection, sorting or analysis 
of the properties of materials;
    d. Equipment ``specially designed'' for laboratory use; or
    e. Medical equipment.
    Note 3: 6A003.b.4.b does not control imaging cameras having any 
of the following:
    a. A maximum frame rate equal to or less than 9 Hz;
    b. Having all of the following:
    1. Having a minimum horizontal or vertical `Instantaneous-Field-
of-View (IFOV)' of at least 2 mrad (milliradians);
    2. Incorporating a fixed focal-length lens that is not designed 
to be removed;

[[Page 13594]]

    3. Not incorporating a `direct view' display; and
    Technical Note: For the purposes of 6A003.b.4 Note 3.b.3, 
'direct view' refers to an imaging camera operating in the infrared 
spectrum that presents a visual image to a human observer using a 
near-to-eye micro display incorporating any light-security 
mechanism.
    4. Having any of the following:
    a. No facility to obtain a viewable image of the detected field-
of-view; or
    b. The camera is designed for a single kind of application and 
designed not to be user modified; or
    Technical Note: For the purposes of 6A003.b.4 Note 3.b.1, 
`Instantaneous-Field-of-View (IFOV)' is the lesser figure of the 
`Horizontal IFOV' or the `Vertical IFOV'.
    `Horizontal IFOV' = horizontal Field-of-View (FOV)/number of 
horizontal detector elements
    `Vertical IFOV'= vertical Field-of-View (FOV)/number of vertical 
detector elements.
    c. The camera is ``specially designed'' for installation into a 
civilian passenger land vehicle and having all of the following:
    1. The placement and configuration of the camera within the 
vehicle are solely to assist the driver in the safe operation of the 
vehicle;
    2. Is operable only when installed in any of the following:
    a. The civilian passenger land vehicle for which it was intended 
and the vehicle weighs less than 4,500 kg (gross vehicle weight); or
    b. A ``specially designed'', authorized maintenance test 
facility; and
    3. Incorporates an active mechanism that forces the camera not 
to function when it is removed from the vehicle for which it was 
intended.
    Note: When necessary, details of the items will be provided, 
upon request, to the Bureau of Industry and Security in order to 
ascertain compliance with the conditions described in Note 3.b.4 and 
Note 3.c in this Note to 6A003.b.4.b.
    Note 4: 6A003.b.4.c does not apply to `imaging cameras' having 
any of the following characteristics:
    a. Having all of the following:
    1. Where the camera is ``specially designed'' for installation 
as an integrated component into indoor and wall-plug-operated 
systems or equipment, limited by design for a single kind of 
application, as follows:
    a. Industrial process monitoring, quality control, or analysis 
of the properties of materials;
    b. Laboratory equipment ``specially designed'' for scientific 
research;
    c. Medical equipment;
    d. Financial fraud detection equipment; and
    2. Is only operable when installed in any of the following:
    a. The system(s) or equipment for which it was intended; or
    b. A ``specially designed,'' authorized maintenance facility; 
and
    3. Incorporates an active mechanism that forces the camera not 
to function when it is removed from the system(s) or equipment for 
which it was intended;
    b. Where the camera is ``specially designed'' for installation 
into a civilian passenger land vehicle or passenger and vehicle 
ferries and having all of the following:
    1. The placement and configuration of the camera within the 
vehicle or ferry are solely to assist the driver or operator in the 
safe operation of the vehicle or ferry;
    2. Is only operable when installed in any of the following:
    a. The civilian passenger land vehicle for which it was intended 
and the vehicle weighs less than 4,500 kg (gross vehicle weight);
    b. The passenger and vehicle ferry for which it was intended and 
having a length overall (LOA) 65 m or greater; or
    c. A ``specially designed'', authorized maintenance test 
facility; and
    3. Incorporates an active mechanism that forces the camera not 
to function when it is removed from the vehicle for which it was 
intended;
    c. Limited by design to have a maximum ``radiant sensitivity'' 
of 10 mA/W or less for wavelengths exceeding 760 nm, having all of 
the following:
    1. Incorporating a response limiting mechanism designed not to 
be removed or modified; and
    2. Incorporates an active mechanism that forces the camera not 
to function when the response limiting mechanism is removed; and
    3. Not ``specially designed'' or modified for underwater use; or
    d. Having all of the following:
    1. Not incorporating a `direct view' or electronic image 
display;
    2. Has no facility to output a viewable image of the detected 
field of view;
    3. The ``focal plane array'' is only operable when installed in 
the camera for which it was intended; and
    4. The ``focal plane array'' incorporates an active mechanism 
that forces it to be permanently inoperable when removed from the 
camera for which it was intended.
    Note: When necessary, details of the item will be provided, upon 
request, to the Bureau of Industry and Security in order to 
ascertain compliance with the conditions described in Note 4 above.
    b.5. Imaging cameras incorporating solid-state detectors 
specified by 6A002.a.1.
* * * * *
6A203 High-speed cameras, imaging devices and ``components'' 
therefor, other than those controlled by 6A003 (see List of Items 
Controlled).

License Requirements

    Reason for Control: NP, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NP applies to entire entry................  NP Column 1
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCNs 6E001 (``development''), 6E002 
(``production''), and 6E201 (``use'') for technology for items 
controlled under this entry. (2) See ECCN 6A003.a.3 and a.4. (3) 
Also see ECCN 6A293.
Related Definitions: N/A
Items:

    a. Streak cameras and ``specially designed'' components 
therefor, as follows:
    a.1. Streak cameras with writing speeds greater than 0.5 mm/
[micro]s;
    a.2. Electronic streak cameras capable of 50 ns or less time 
resolution;
    a.3. Streak tubes for cameras described in 6A203.a.2;
    a.4. Plug-ins, ``specially designed'' for use with streak 
cameras having modular structures, that enable the performance 
characteristics described in 6A203.a.1 or .a.2;
    a.5. Synchronizing electronics units, and rotor assemblies 
consisting of turbines, mirrors and bearings, that are ``specially 
designed'' for cameras described in 6A203.a.1.
    b. Framing cameras and ``specially designed'' components 
therefor, as follows:
    b.1. Framing cameras with recording rates greater than 225,000 
frames per second;
    b.2. Framing cameras capable of 50 ns or less frame exposure 
time;
    b.3. Framing tubes, and solid-state imaging devices, that have a 
fast image gating (shutter) time of 50 ns or less and are 
``specially designed'' for cameras described in 6A203.b.1 or .b.2;
    b.4. Plug-ins, ``specially designed'' for use with framing 
cameras having modular structures, that enable the performance 
characteristics described in 6A203.b.1 or .b.2;
    b.5. Synchronizing electronic units, and rotor assemblies 
consisting of turbines, mirrors, and bearings, that are ``specially 
designed'' for cameras described in 6A203.b.1 or .b.2.
    c. Solid-state or electron tube cameras and ``specially 
designed'' components therefor, as follows:
    c.1. Solid-state cameras, or electron tube cameras, with a fast 
image gating (shutter) time of 50 ns or less;
    c.2. Solid-state imaging devices, and image intensifiers tubes, 
that have a fast image gating (shutter) time of 50 ns or less and 
are ``specially designed'' for cameras described in 6A203.c.1;
    c.3. Electro-optical shuttering devices (Kerr or Pockels cells) 
with a fast image gating (shutter) time of 50 ns or less;
    c.4. Plug-ins, ``specially designed'' for use with cameras 
having modular structures, that enable the performance 
characteristics described in 6A203.c.1.
    Technical Note: High speed single frame cameras can be used 
alone to produce a single image of a dynamic event, or several such 
cameras can be combined in a sequentially-triggered system to 
produce multiple images of an event.
    d. Radiation-hardened TV cameras, or lenses therefor, 
``specially designed'' or rated as radiation hardened to withstand a 
total radiation dose greater than 5 x 10\4\ Gy (silicon) without 
operational degradation.

[[Page 13595]]

    Technical Note: The term Gy (silicon) refers to the energy in 
Joules per kilogram absorbed by an unshielded silicon sample when 
exposed to ionizing radiation.*
* * * * *
6A293 Cameras not classified ECCNs 6A003 or 6A203 with all the 
following characteristics: (see List of Items Controlled).

License Requirements

Reason for Control: NP, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NP applies to entire entry................  NP Column 1
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

Special Conditions for STA

STA: License Exception STA (Sec.  740.20 of the EAR) may not be used 
for ECCN 6A293.

List of Items Controlled

Related Controls: See ECCNs 6A003 and 6A203.
Related Definitions: N/A
Items:

    a. Minimum exposure time of 1 microsecond or faster, and
    b. a throughput of 13.43 Giga Pixels/s or greater when taken at 
205,000 frames/s.
    Technical Note: Throughput = Width (pixels) x Height (pixels) x 
Frames per Second. The width and Height in pixels are those that are 
achieved at 205,000 frames per second.
    Note: This entry includes cameras which may be referred to as 
high-speed digital imaging cameras, high-speed video cameras or 
slow-motion cameras or any other camera that meets these parameters.
* * * * *

Thea R. Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-03661 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-33-P