Expansion of Sanctions Against the Russian Industry Sector Under the Export Administration Regulations (EAR), 12856-12860 [2022-04912]
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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, dated August 10, 2021, and
effective September 15, 2021, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ASW TX E5 Olney, TX [Amended]
Olney Municipal Airport, TX
(Lat. 33°21′03″ N, long. 98°49′09″ W)
That airspace extending upward from 700
feet above the surface within a 6.6-mile
radius of Olney Municipal Airport.
Issued in Fort Worth, Texas, on March 2,
2022.
Martin A. Skinner,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2022–04828 Filed 3–7–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738 and 746
[Docket No. 220303–0068]
RIN 0694–AI76
Expansion of Sanctions Against the
Russian Industry Sector Under the
Export Administration Regulations
(EAR)
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
In response to the Russian
Federation’s (Russia’s) further invasion
of Ukraine, the Department of
Commerce is expanding the existing
sanctions against the Russian industry
sector by adding a new prohibition
under the Export Administration
Regulations (EAR) that targets the oil
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SUMMARY:
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refinery sector in Russia. These new
export controls will further limit
revenue that could support the military
capabilities of Russia.
DATES: This rule is effective on March 3,
2022.
FOR FURTHER INFORMATION CONTACT: For
questions on this final rule, contact
Eileen Albanese, Director, Office of
National Security and Technology
Transfer Controls, Bureau of Industry
and Security, Department of Commerce,
Phone: (202) 482–0092, Fax: (202) 482–
482–3355, Email: rpd2@bis.doc.gov. For
emails, include ‘‘Russia Industry Sector
Sanctions Expansion’’ in the subject
line.
SUPPLEMENTARY INFORMATION:
I. Background
In response to Russia’s February 2022
further invasion of Ukraine, the Bureau
of Industry and Security (BIS) imposed
extensive sanctions on Russia under the
Export Administration Regulations (15
CFR parts 730–774) (EAR) as part of the
final rule, Implementation of Sanctions
Against Russia Under the Export
Administration Regulations (EAR),
effective February 24, 2022 (‘‘Russia
Sanctions rule’’).1 As described in the
Russia Sanctions rule’s preamble,
Russia’s invasion of Ukraine flagrantly
violates international law, is contrary to
U.S. national security and foreign policy
interests, and undermines global order,
peace, and security, and consequently
necessitated the imposition of stringent
sanctions.
The export control measures
implemented in this final rule build
upon the policy objectives set forth in
the Russian Sanctions rule by further
restricting Russia’s access to items that
it needs to support its military
capabilities.
The changes made by this rule are
intended to further limit the Russian oil
sector by restricting the export, reexport
and transfer (in-country) of additional
items needed for oil refining. Sale of
gasoline produced from Russian oil is a
major source of revenue for Russia.
Limiting the export, reexport and
transfer (in-country) of critical oil
refining equipment will consequently
reduce Russia’s ability to generate
revenue that the country needs to
support its military capabilities.
As described below, this rule expands
the scope of the sanctions against the
Russian industry sector that were
originally added to the EAR in August
2014 in response to Russia’s 2014
destabilizing conduct in Ukraine and
occupation of the Crimea region of
1 87
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Ukraine. See 79 FR 45675 (Aug. 6,
2014). The export controls in this final
rule target the oil refinery sector in
Russia. These new export controls
under the EAR, implemented in parallel
with similarly stringent measures by
partner and allied countries, will further
limit sources of revenue that could
support the military capabilities of
Russia.
II. Overview of New Controls
This final rule amends part 746 of the
EAR (Embargoes and Other Special
Controls) to expand the scope of the
Russian industry sector sanctions by
adding a new general prohibition that
will apply to additional Harmonized
Tariff Schedule (HTS)-6 codes and
Schedule B numbers for all exports,
reexports, and transfers (in-country) to
or within Russia.
III. Amendments to the Export
Administration Regulations (EAR)
A. Expansion of Russian Industry
Sanctions and Conforming Change
1. Expansion of Russian Industry Sector
Sanctions by Adding a New Prohibition
Under § 746.5 of the EAR (Russian
industry sector sanctions), this final rule
revises paragraph (a) (License
requirement) to expand the scope of the
general prohibition under paragraph
(a)(1). Prior to this rule, this general
prohibition applied to the export,
reexport or transfer (in-country) of
certain items in situations where a
person had ‘‘knowledge,’’ for purposes
of the EAR, that the item would be used
directly or indirectly in Russia’s energy
sector for exploration or production
from deepwater, Arctic offshore, or
shale projects in Russia that have the
potential to produce oil or gas, or where
a person was unable to determine
whether the item would be used in such
projects in Russia.
This final rule adds a new paragraph
(a)(1)(ii) to expand the scope of the
general prohibition under this section
by imposing an additional license
requirement for exports, reexports or
transfers (in-country) of any item subject
to the EAR listed in new supplement no.
4 to part 746 to and within Russia.
Unlike the existing prohibition
(reordered to appear in new paragraph
(a)(1)(i)), the prohibition under new
paragraph (a)(1)(ii) does not include a
‘‘knowledge’’ requirement.
This final rule also adds new
paragraph (a)(1)(iii) to provide crossreferences to other EAR license
requirements for Russia and guidance
for submitting license applications
required pursuant to this section.
Additionally, this final rule adds new
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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations
supplement no. 4 to part 746—HTS
Codes and Schedule B Numbers that
Require a License for Export, Reexport,
and Transfer (in-country) to or within
Russia pursuant to § 746.5(a)(1)(ii), to
identify the items by HTS code and
Schedule B number that will be subject
to the prohibition under paragraph
(a)(1)(ii). Supplement no. 4 will include
four columns consisting of the HTS
Code, HTS Description, Schedule B and
Schedule B Description to assist
exporters, reexporters, and transferors to
identify the products in this
supplement. There is no difference in
the scope of products identified in the
supplement by HTS–6 code and HTS
description or by the Schedule B
number and Schedule B description.
The inclusion of both the HTS–6 codes
and Schedule B numbers will assist
exporters, reexporters, and transferors if
they have difficulty in identifying a
product based on either the HTS codes
or Schedule B numbers alone.
Under paragraph (b) (Licensing
policy), this final rule adds new
paragraph (b)(1) for the text that
appeared in paragraph (b) prior to this
final rule, which will specify the
licensing policy for the license
requirements under new paragraph
(a)(1)(i). This rule changes the license
review policy that appeared in
paragraph (b) which is now paragraph
(b)(1) in this rule from a presumption of
denial to the more restrictive policy of
denial. This change in the license
review policy is made to harmonize
with the license review policy in new
paragraph (b)(2) for the license
requirements under paragraph (a)(1)(ii),
as well as with the license review
policies that have been adopted for
other sanctions against Russia. This
final rule adds a new paragraph (b)(2) to
add the review policy, a policy of
denial, that will be applicable to
applications that fall within the scope of
paragraph (a)(1)(ii). However, for both
the license review policies in
paragraphs (a)(1)(i) and (ii), this rule
specifies that applications for export,
reexport, or transfer (in-country) of
items that may be necessary for health
and safety reasons will be reviewed
under a case-by case license review
policy. This inclusion of this case-bycase license review policy is consistent
with other parts of the Russia Sanctions
rule, in particular, the inclusion of a
case-by-case license review policy
related to safety of flight and maritime
safety. BIS also notes that license
applicants may request emergency
processing of license applications by
following the procedures identified in
§ 748.4(h) (Emergency processing) of the
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EAR. Under § 748.4(h), BIS will
expedite its evaluation, and attempt to
expedite the evaluations of other
government agencies, of a license
application when, in BIS’s judgment,
the circumstances justify emergency
processing.
BIS estimates that new license
requirements under § 746.5(a)(1)(ii) will
result in an additional 20 license
applications being submitted to BIS
annually.
2. Conforming Changes
Based on the foregoing changes to the
EAR in § 746.5(a)(1) and the addition of
supplement no. 4 to part 746, in
supplement no 1 to part 738—
Commerce Country Chart, this final rule
also makes one conforming change to
footnote 6 to the Commerce Country
Chart to add a reference to new
supplement no. 4 to part 746. This
conforming revision is made so
exporters, reexporters, and transferors
are aware of the need to review
supplement no. 4 to part 746 as part of
their analysis of the license
requirements in § 746.5(a)(1)(ii).
This rule also adds one sentence at
the end of the introductory text of
supplement no. 2 to part 746—Russian
Industry Sector Sanction List—to
provide guidance on one Schedule B
number that is identified in both
supplements no. 2 and no. 4 to part 746.
This sentence clarifies that Schedule B
number 8479.89.9850 is listed on both
supplements no. 2 and 4, and that
exporters, reexporters, and transferors
must comply with the license
requirements under both § 746.5(a)(1)(i)
and (ii), as applicable, for Schedule B
number 8479.89.9850.
3. Impact of These Changes on Entity
List Entries That Reference § 746.5
This rule does not change the Entity
List in supplement no. 4 to part 744.
Seventy-five entries on the Entity List
have a license requirement for all items
subject to the EAR when used in
projects specified in § 746.5 of the EAR.
BIS clarifies here that for purposes of
the Entity List entries that reference
§ 746.5, the license requirements set
forth on the Entity List apply when
items are used in the projects specified
in § 746.5(a)(1)(i), but that exporters,
reexporters, or transferors must also
review the transaction against the
license requirements in § 746.5(a)(1)(ii),
as well as all other applicable EAR
license requirements.
Savings Clause
For the changes being made in this
final rule, shipments of items removed
from eligibility for a License Exception
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12857
or export, reexport, or transfer (incountry) without a license (NLR) as a
result of this regulatory action that were
en route aboard a carrier to a port of
export, reexport, or transfer (in-country),
on March 7, 2022, pursuant to actual
orders for export, reexport, or transfer
(in-country) to or within a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export, reexport, or transfer (in-country)
without a license (NLR).
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) (codified, as amended, at 50
U.S.C. Sections 4801–4852). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
Rulemaking Requirements
1. This final rule is not a ‘‘significant
regulatory action’’ because it
‘‘pertain[s]’’ to a ‘‘military or foreign
affairs function of the United States’’
under sec. 3(d)(2) of Executive Order
12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person 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 rule involves the following
OMB-approved collections of
information subject to the PRA: 0694–
0088, ‘‘Multi-Purpose Application,’’
which carries a burden hour estimate of
29.6 minutes for a manual or electronic
submission; 0694–0096 ‘‘Five Year
Records Retention Period,’’ which
carries a burden hour estimate of less
than 1 minute; and 0607–0152
‘‘Automated Export System (AES)
Program,’’ which carries a burden hour
estimate of 3 minutes per electronic
submission. This rule changes the
respondent burden under these control
numbers by increasing the estimated
number of submissions by 20 which is
not expected to exceed the current
approved estimates.
3. This rule does not contain policies
with federalism implications as that
term is defined in Executive Order
13132.
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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018 (50
U.S.C. 4821) (ECRA), 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. While section 1762 of ECRA
provides sufficient authority for such an
exemption, this action is also
independently exempt from these APA
requirements because it involves a
military or foreign affairs function of the
United States (5 U.S.C. 553(a)(1)).
5. 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. Accordingly, no
regulatory flexibility analysis is required
and none has been prepared.
List of Subjects
15 CFR Part 746
Exports, Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, parts 738 and 746 of the
Export Administration Regulations (15
CFR parts 730 through 774) are
amended as follows:
PART 738—COMMERCE CONTROL
LIST OVERVIEW AND THE COUNTRY
CHART
1. The authority citation for 15 CFR
part 738 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. 2151 note; 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.
2. Supplement no. 1 to part 738 is
amended by revising footnote 6 to read
as follows:
■
Supplement No. 1 to Part 738—
Commerce Country Chart
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6 See
§ 746.5 of the EAR for additional
license requirements under the Russian
industry sector sanctions for ECCNs 0A998,
1C992, 3A229, 3A231, 3A232, 6A991, 8A992,
and 8D999 and items identified in
supplements no. 2 and no. 4 to part 746 of
the EAR. See § 746.8 of the EAR for Sanctions
against Russia and Belarus, including
additional license requirements for items
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16:22 Mar 07, 2022
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PART 746—EMBARGOES AND OTHER
SPECIAL CONTROLS
3. The authority citation for 15 CFR
part 746 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.
287c; Sec 1503, Pub. L. 108–11, 117 Stat. 559;
22 U.S.C. 2151 note; 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, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p 168;
Presidential Determination 2003–23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007–7, 72 FR
1899, 3 CFR, 2006 Comp., p. 325; Notice of
May 6, 2021, 86 FR 26793 (May 10, 2021).
4. Section 746.5 is amended by
revising paragraphs (a)(1) and (b) to read
as follows:
■
§ 746.5
15 CFR Part 738
Exports.
*
listed in any ECCN in Categories 3, 4, 5, 6,
7, 8, or 9 of the CCL.
Russian industry sector sanctions.
(a) * * *
(1) General prohibition. (i) A license
is required to export, reexport or
transfer (in-country) any item subject to
the EAR listed in supplement no. 2 to
this part and items specified in ECCNs
0A998, 1C992, 3A229, 3A231, 3A232,
6A991, 8A992, and 8D999 when you
‘‘know’’ that the item will be used
directly or indirectly in exploration for,
or production of, oil or gas in Russian
deepwater (greater than 500 feet) or
Arctic offshore locations or shale
formations in Russia, or are unable to
determine whether the item will be used
in such projects. Such items include,
but are not limited to, drilling rigs, parts
for horizontal drilling, drilling and
completion equipment, subsea
processing equipment, Arctic-capable
marine equipment, wireline and down
hole motors and equipment, drill pipe
and casing, software for hydraulic
fracturing, high pressure pumps,
seismic acquisition equipment, remotely
operated vehicles, compressors,
expanders, valves, and risers.
(ii) A license is required to export,
reexport, or transfer (in-country) any
item subject to the EAR listed in
supplement no. 4 to this part to or
within Russia.
(iii) You should be aware that other
provisions of the EAR, including parts
742 and 744 and § 746.8, also apply to
exports and reexports to Russia. License
applications submitted to BIS under this
section may include the phrase ‘‘section
746.5(a)(1)(i)’’ or ‘‘section
746.5(a)(1)(ii)’’ in Block 9 (Special
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Purpose) as described in supplement no.
1 to part 748 of the EAR.
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(b) Licensing policy. (1) Applications
for the export, reexport, or transfer (incountry) of any item pursuant to
paragraph (a)(1)(i) of this section that
requires a license for Russia will be
reviewed under a policy of denial when
for use directly or indirectly for
exploration or production from
deepwater (greater than 500 feet), Arctic
offshore, or shale projects in Russia that
have the potential to produce oil or gas,
except that applications for export,
reexport, or transfer (in-country) of
items that may be necessary for health
and safety reasons will be reviewed
under a case-by case license review
policy.
(2) Applications for the export,
reexport, or transfer (in-country) of any
item pursuant to paragraph (a)(1)(ii) of
this section that requires a license for
Russia will be reviewed under a policy
of denial, except that applications for
export, reexport, or transfer (in-country)
of items that may be necessary for
health and safety reasons will be
reviewed under a case-by case license
review policy.
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■ 5. Supplement no. 2 to part 746 is
amended by adding a sentence to the
end of the introductory text to read as
follows:
Supplement No. 2 to Part 746—Russian
Industry Sector Sanction List
* * * Schedule B number
8479.89.9850 is listed on both
supplements no. 2 and 4 to this part, so
exporters, reexporters, and transferors
must comply with the license
requirements under both § 746.5(a)(1)(i)
and (ii) as applicable.
*
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*
*
■ 6. Add supplement No. 4 to part 746
to read as follows:
Supplement No. 4 to Part 746—HTS
Codes and Schedule B Numbers That
Require a License for Export, Reexport,
and Transfer (In-Country) to or Within
Russia Pursuant to § 746.5(a)(1)(ii)
The source for the Harmonized Tariff
Schedule (HTS)-6 codes and
descriptions and Schedule B numbers
and descriptions in this list comes from
the Bureau of the Census’s Schedule B
concordance of exports 2022. Census’s
Schedule B List 2022 can be found at
www.census.gov/foreign-trade/aes/
documentlibrary/#concordance. The
Introduction Chapter of the Schedule B
provides important information about
classifying products and interpretations
of the Schedule B, e.g., NESOI means
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Not Elsewhere Specified or Included. In
addition, important information about
products within a particular chapter
may be found at the beginning of
chapters. This supplement includes four
columns consisting of the HTS Code,
HTS Description, Schedule B and
Protection at the nearest port. Schedule
B number 8479.89.9850 is listed on both
supplements no. 2 and 4 to this part, so
exporters, reexporters, and transferors
must comply with the license
requirements under both § 746.5(a)(1)(i)
and (ii) as applicable.
Harmonized tariff schedule
(HTS)—6 code
HTS description
Schedule B
Schedule B description
847989 or 854370 .........................
Alkylation and isomerization units
8479.89.9850 or 8479.89.9900 ....
847989 or 854370 .........................
Aromatic hydrocarbon production
units.
8479.89.9850 or 8479.89.9900 ....
841940 ...........................................
Atmospheric—vacuum crude distillation units (CDU).
Catalytic reforming/cracker units ..
Delayed cokers .............................
Flexicoking units ...........................
Hydrocracking reactors .................
8419.40.0080 ................................
—Oil and gas field wire line and
downhole equipment, or
—Other.
—Oil and gas field wire line and
downhole equipment, or
—Other.
—Other.
841989, 841989, 841989, or
847989.
847989 or 854370 .........................
Hydrocracking reactor vessels .....
8419.89.9585 ................................
Hydrogen generation technology
8479.89.9850, or 8479.89.9900 ...
842139, 842139, 842139, 842139,
847989 or 854370.
847989 or 854370 .........................
Hydrogen recovery and purification technology.
Hydrotreatment technology/units ..
8421.39.0140, or 8421.39.0190 ...
847989 or 854370 .........................
Naphtha isomerisation units .........
8479.89.9850, or 8479.89.9900 ...
847989 or 854370 .........................
Polymerisation units .....................
8479.89.9850, or 8479.89.9900 ...
841989, 841989, or
847989 or 854370.
Refinery fuel gas treatment and
sulphur recovery technology (including amine scrubbing units,
sulphur recovery units, tail gas
treatment units).
Solvent de—asphalting units ........
8419.89.9585 ................................
847989 or 854370 .........................
841989, 841989 or 841989 ...........
841989, 841989 or 841989 ...........
847989 ...........................................
841989,
845690, 847989 or 854370 ...........
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Schedule B Description to assist
exporters, reexporters, and transferors in
identifying the products in this
supplement no. 4 to this part. For
information on HTS codes in general,
you may contact a local import
specialist at U.S. Customs and Border
12859
8543.70.9665 ................................
8419.89.9585 ................................
8419.89.9585 ................................
8479.89.9850, or 8479.89.9900 ...
8479.89.9850, or 8479.89.9900 ...
8456.90.7100, 8479.89.9850, or
8479.89.9900.
847989 or 854370 .........................
Sulphur production units ...............
8479.89.9850, or 8479.89.9900 ...
847989 or 854370 .........................
Sulphuric acid alkylation and sulphuric acid regeneration units.
8479.89.9850, or 8479.89.9900 ...
841989, 841989, or
847989 or 854370.
841989,
Thermal cracking units .................
8419.89.9585, 8479.89.9850, or
8479.89.9900.
847989 or 854370 .........................
[Toluene and heavy aromatics]
Transalkylation units.
8479.89.9850, or 8479.89.9900 ...
847989 or 854370 .........................
Visbreakers ...................................
8479.89.9850, or 8479.89.9900 ...
847989 or 854370 .........................
Vacuum gas oil hydrocracking
units.
8479.89.9850, or 8479.89.9900 ...
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—Other.
—For other materials.
—For other materials.
—Oil and gas field wire line and
downhole equipment, or
—Other.
—For other materials.
—Oil and gas field wire line and
downhole equipment, or
—Other.
—Gas separation equipment, or
—Other.
—Oil and gas field wire line and
downhole equipment, or
—Other.
—Oil and gas field wire line and
downhole equipment, or
—Other.
—Oil and gas field wire line and
downhole equipment, or
—Other.
—For other materials.
—Other —
—Oil and gas field wire line
downhole equipment, or
—Other.
—Oil and gas field wire line
downhole equipment, or
—Other.
—Oil and gas field wire line
downhole equipment, or
—Other.
—For other materials, —Oil
gas field wire line
downhole equipment, or
—Other.
—Oil and gas field wire line
downhole equipment, or
—Other.
—Oil and gas field wire line
downhole equipment, or
—Other.
—Oil and gas field wire line
downhole equipment, or
—Other.
08MRR1
and
and
and
and
and
and
and
and
12860
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2022–04912 Filed 3–3–22; 3:15 pm]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0963]
RIN 1625–AA09
Drawbridge Operation Regulation;
Tchefuncta River
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the operating schedule that governs the
State Route 22 (SR 22) drawbridge
across the Tchefuncta River mile 2.5,
Madisonville, St. Tammany Parish,
Louisiana. This action is necessary to
relieve vehicular traffic congestion
along SR 22 near Madisonville, LA
during peak traffic periods on
weekdays.
SUMMARY:
DATES:
This rule is effective April 7,
2022.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2016–0963 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ In the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email call or email Mr. Doug Blakemore,
Eighth Coast Guard District Bridge
Administrator; telephone (504) 671–
2128, email Douglas.A.Blakemore@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
SR State Road
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard has published
numerous rulemaking documents in the
Federal Register on this bridge: A
VerDate Sep<11>2014
16:22 Mar 07, 2022
Jkt 256001
temporary deviation to the regulations
November 4, 2016 (81 FR 76866); NPRM
November 4, 2016 (81 FR 76889); a
Supplemental NPRM June 14, 2018 (83
FR 27730); and a final rule October 25,
2018 (85 FR 53810). Each rulemaking
addressed changing the operating
schedule to the bridge to relieve vehicle
congestion along SR 22 in Madisonville,
LA.
On April 23, 2021 the Town of
Madisonville, LA requested that the
Coast Guard revisit changing the
operating schedule and close the
drawbridge to vessel traffic during
morning vehicle peak periods and that
the bridge only open to vessels during
the day on the hour. The Coast Guard
published a NPRM August 31, 2021 (86
FR 48923) to solicit public comments on
this proposed rule change.
The Coast Guard determined that the
Town of Madisonville had provided
sufficient information to relieve vehicle
congestion by closing the bridge to
vessel traffic from 6 a.m. to 8 a.m. and
4 p.m. to 6 p.m. and opening the bridge
from 8 a.m. to 4 p.m. on the hour vice
every half hour. This change allows
vehicles to travel along SR 22
unimpeded by bridge openings for 2 two
periods during the weekday morning
and afternoon commutes. It also
decreases the number of times that the
bridge opens during the day by opening
on the hour for vessels to pass 7 days
a week. During the comment period that
ended on November 1, 2021, we
received 18 comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The
Eighth Coast Guard District Commander
has determined that this change to the
operating schedule of the Madisonville
(SR 22) swing span drawbridge across
the Tchefuncta River mile 2.5,
Madisonville, St. Tammany Parish,
Louisiana allows it to remain closed to
marine traffic for 2 two hour periods
and to open on the hour during days is
necessary and reasonable. The purpose
of this rule is to alleviate vehicle
congestion on SR 22 and meet the
reasonable needs of vessels to use the
Tchefuncta River.
IV. Discussion of Comments, Changes
and the Final Rule
As mentioned above we received 18
comments on the NPRM published
August 1, 2021. Fifteen comments were
in favor of the rule change. One
comment was against the rule change
and 2 comments addressed other issues
not related to the NPRM. The
commenter against the rule stated that
the rule would have little impact to
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
vehicle traffic because there are few
bridge openings during weekdays,
minimal openings in the afternoon peak
vehicle traffic hours and there are
minimal bridge openings on the
weekends.
Vehicle congestion along SR 22 is
well documented by other public
comments, meetings, and data and
information gathered during this rule
change. Vehicle congestion is
particularly significant during morning
and evening commuting and school
hours. In promulgating drawbridge rules
the Coast Guard balances the needs of
land transportation and vessel traffic.
The bridge opens on average 8 times per
day Monday through Sunday. The rule
will provide a positive impact to vehicle
traffic by reducing the amount of time
that the bridge is required to open and
will provide vessels with the reasonable
ability to use the waterway.
This final rule changes the
Madisonville (SR 22) swing span bridge
operating schedule and allows the
bridge to open on signal on the hour
from 6 a.m. to 6 p.m. except that on
Monday through Friday the bridge will
not open from 6 a.m. to 8 a.m. and from
4 p.m. to 6 p.m. The bridge opens on
signal from 6 p.m. to 6 a.m. each day.
This allows vehicles to travel along SR
22 near Madisonville, LA unimpeded by
bridge openings at the above times.
There are no other changes to the
operating schedule. The regulatory text
appears at the end of this document.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly, it
has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
E:\FR\FM\08MRR1.SGM
08MRR1
]]>Agencies
[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Pages 12856-12860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04912]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738 and 746
[Docket No. 220303-0068]
RIN 0694-AI76
Expansion of Sanctions Against the Russian Industry Sector Under
the Export Administration Regulations (EAR)
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In response to the Russian Federation's (Russia's) further
invasion of Ukraine, the Department of Commerce is expanding the
existing sanctions against the Russian industry sector by adding a new
prohibition under the Export Administration Regulations (EAR) that
targets the oil refinery sector in Russia. These new export controls
will further limit revenue that could support the military capabilities
of Russia.
DATES: This rule is effective on March 3, 2022.
FOR FURTHER INFORMATION CONTACT: For questions on this final rule,
contact Eileen Albanese, Director, Office of National Security and
Technology Transfer Controls, Bureau of Industry and Security,
Department of Commerce, Phone: (202) 482-0092, Fax: (202) 482-482-3355,
Email: [email protected]. For emails, include ``Russia Industry Sector
Sanctions Expansion'' in the subject line.
SUPPLEMENTARY INFORMATION:
I. Background
In response to Russia's February 2022 further invasion of Ukraine,
the Bureau of Industry and Security (BIS) imposed extensive sanctions
on Russia under the Export Administration Regulations (15 CFR parts
730-774) (EAR) as part of the final rule, Implementation of Sanctions
Against Russia Under the Export Administration Regulations (EAR),
effective February 24, 2022 (``Russia Sanctions rule'').\1\ As
described in the Russia Sanctions rule's preamble, Russia's invasion of
Ukraine flagrantly violates international law, is contrary to U.S.
national security and foreign policy interests, and undermines global
order, peace, and security, and consequently necessitated the
imposition of stringent sanctions.
---------------------------------------------------------------------------
\1\ 87 FR 12226 (March 3, 2022).
---------------------------------------------------------------------------
The export control measures implemented in this final rule build
upon the policy objectives set forth in the Russian Sanctions rule by
further restricting Russia's access to items that it needs to support
its military capabilities.
The changes made by this rule are intended to further limit the
Russian oil sector by restricting the export, reexport and transfer
(in-country) of additional items needed for oil refining. Sale of
gasoline produced from Russian oil is a major source of revenue for
Russia. Limiting the export, reexport and transfer (in-country) of
critical oil refining equipment will consequently reduce Russia's
ability to generate revenue that the country needs to support its
military capabilities.
As described below, this rule expands the scope of the sanctions
against the Russian industry sector that were originally added to the
EAR in August 2014 in response to Russia's 2014 destabilizing conduct
in Ukraine and occupation of the Crimea region of Ukraine. See 79 FR
45675 (Aug. 6, 2014). The export controls in this final rule target the
oil refinery sector in Russia. These new export controls under the EAR,
implemented in parallel with similarly stringent measures by partner
and allied countries, will further limit sources of revenue that could
support the military capabilities of Russia.
II. Overview of New Controls
This final rule amends part 746 of the EAR (Embargoes and Other
Special Controls) to expand the scope of the Russian industry sector
sanctions by adding a new general prohibition that will apply to
additional Harmonized Tariff Schedule (HTS)-6 codes and Schedule B
numbers for all exports, reexports, and transfers (in-country) to or
within Russia.
III. Amendments to the Export Administration Regulations (EAR)
A. Expansion of Russian Industry Sanctions and Conforming Change
1. Expansion of Russian Industry Sector Sanctions by Adding a New
Prohibition
Under Sec. 746.5 of the EAR (Russian industry sector sanctions),
this final rule revises paragraph (a) (License requirement) to expand
the scope of the general prohibition under paragraph (a)(1). Prior to
this rule, this general prohibition applied to the export, reexport or
transfer (in-country) of certain items in situations where a person had
``knowledge,'' for purposes of the EAR, that the item would be used
directly or indirectly in Russia's energy sector for exploration or
production from deepwater, Arctic offshore, or shale projects in Russia
that have the potential to produce oil or gas, or where a person was
unable to determine whether the item would be used in such projects in
Russia.
This final rule adds a new paragraph (a)(1)(ii) to expand the scope
of the general prohibition under this section by imposing an additional
license requirement for exports, reexports or transfers (in-country) of
any item subject to the EAR listed in new supplement no. 4 to part 746
to and within Russia. Unlike the existing prohibition (reordered to
appear in new paragraph (a)(1)(i)), the prohibition under new paragraph
(a)(1)(ii) does not include a ``knowledge'' requirement.
This final rule also adds new paragraph (a)(1)(iii) to provide
cross-references to other EAR license requirements for Russia and
guidance for submitting license applications required pursuant to this
section. Additionally, this final rule adds new
[[Page 12857]]
supplement no. 4 to part 746--HTS Codes and Schedule B Numbers that
Require a License for Export, Reexport, and Transfer (in-country) to or
within Russia pursuant to Sec. 746.5(a)(1)(ii), to identify the items
by HTS code and Schedule B number that will be subject to the
prohibition under paragraph (a)(1)(ii). Supplement no. 4 will include
four columns consisting of the HTS Code, HTS Description, Schedule B
and Schedule B Description to assist exporters, reexporters, and
transferors to identify the products in this supplement. There is no
difference in the scope of products identified in the supplement by
HTS-6 code and HTS description or by the Schedule B number and Schedule
B description. The inclusion of both the HTS-6 codes and Schedule B
numbers will assist exporters, reexporters, and transferors if they
have difficulty in identifying a product based on either the HTS codes
or Schedule B numbers alone.
Under paragraph (b) (Licensing policy), this final rule adds new
paragraph (b)(1) for the text that appeared in paragraph (b) prior to
this final rule, which will specify the licensing policy for the
license requirements under new paragraph (a)(1)(i). This rule changes
the license review policy that appeared in paragraph (b) which is now
paragraph (b)(1) in this rule from a presumption of denial to the more
restrictive policy of denial. This change in the license review policy
is made to harmonize with the license review policy in new paragraph
(b)(2) for the license requirements under paragraph (a)(1)(ii), as well
as with the license review policies that have been adopted for other
sanctions against Russia. This final rule adds a new paragraph (b)(2)
to add the review policy, a policy of denial, that will be applicable
to applications that fall within the scope of paragraph (a)(1)(ii).
However, for both the license review policies in paragraphs (a)(1)(i)
and (ii), this rule specifies that applications for export, reexport,
or transfer (in-country) of items that may be necessary for health and
safety reasons will be reviewed under a case-by case license review
policy. This inclusion of this case-by-case license review policy is
consistent with other parts of the Russia Sanctions rule, in
particular, the inclusion of a case-by-case license review policy
related to safety of flight and maritime safety. BIS also notes that
license applicants may request emergency processing of license
applications by following the procedures identified in Sec. 748.4(h)
(Emergency processing) of the EAR. Under Sec. 748.4(h), BIS will
expedite its evaluation, and attempt to expedite the evaluations of
other government agencies, of a license application when, in BIS's
judgment, the circumstances justify emergency processing.
BIS estimates that new license requirements under Sec.
746.5(a)(1)(ii) will result in an additional 20 license applications
being submitted to BIS annually.
2. Conforming Changes
Based on the foregoing changes to the EAR in Sec. 746.5(a)(1) and
the addition of supplement no. 4 to part 746, in supplement no 1 to
part 738--Commerce Country Chart, this final rule also makes one
conforming change to footnote 6 to the Commerce Country Chart to add a
reference to new supplement no. 4 to part 746. This conforming revision
is made so exporters, reexporters, and transferors are aware of the
need to review supplement no. 4 to part 746 as part of their analysis
of the license requirements in Sec. 746.5(a)(1)(ii).
This rule also adds one sentence at the end of the introductory
text of supplement no. 2 to part 746--Russian Industry Sector Sanction
List--to provide guidance on one Schedule B number that is identified
in both supplements no. 2 and no. 4 to part 746. This sentence
clarifies that Schedule B number 8479.89.9850 is listed on both
supplements no. 2 and 4, and that exporters, reexporters, and
transferors must comply with the license requirements under both Sec.
746.5(a)(1)(i) and (ii), as applicable, for Schedule B number
8479.89.9850.
3. Impact of These Changes on Entity List Entries That Reference Sec.
746.5
This rule does not change the Entity List in supplement no. 4 to
part 744. Seventy-five entries on the Entity List have a license
requirement for all items subject to the EAR when used in projects
specified in Sec. 746.5 of the EAR. BIS clarifies here that for
purposes of the Entity List entries that reference Sec. 746.5, the
license requirements set forth on the Entity List apply when items are
used in the projects specified in Sec. 746.5(a)(1)(i), but that
exporters, reexporters, or transferors must also review the transaction
against the license requirements in Sec. 746.5(a)(1)(ii), as well as
all other applicable EAR license requirements.
Savings Clause
For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country), on March 7, 2022, pursuant
to actual orders for export, reexport, or transfer (in-country) to or
within a foreign destination, may proceed to that destination under the
previous eligibility for a License Exception or export, reexport, or
transfer (in-country) without a license (NLR).
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) (codified, as
amended, at 50 U.S.C. Sections 4801-4852). ECRA provides the legal
basis for BIS's principal authorities and serves as the authority under
which BIS issues this rule.
Rulemaking Requirements
1. This final rule is not a ``significant regulatory action''
because it ``pertain[s]'' to a ``military or foreign affairs function
of the United States'' under sec. 3(d)(2) of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person 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 rule involves the following OMB-approved collections of
information subject to the PRA: 0694-0088, ``Multi-Purpose
Application,'' which carries a burden hour estimate of 29.6 minutes for
a manual or electronic submission; 0694-0096 ``Five Year Records
Retention Period,'' which carries a burden hour estimate of less than 1
minute; and 0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
This rule changes the respondent burden under these control numbers by
increasing the estimated number of submissions by 20 which is not
expected to exceed the current approved estimates.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
[[Page 12858]]
4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821) (ECRA), 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. While section 1762 of ECRA provides
sufficient authority for such an exemption, this action is also
independently exempt from these APA requirements because it involves a
military or foreign affairs function of the United States (5 U.S.C.
553(a)(1)).
5. 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.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
List of Subjects
15 CFR Part 738
Exports.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 738 and 746 of the
Export Administration Regulations (15 CFR parts 730 through 774) are
amended as follows:
PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART
0
1. The authority citation for 15 CFR part 738 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. 2151 note; 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
2. Supplement no. 1 to part 738 is amended by revising footnote 6 to
read as follows:
Supplement No. 1 to Part 738--Commerce Country Chart
* * * * *
\6\ See Sec. 746.5 of the EAR for additional license
requirements under the Russian industry sector sanctions for ECCNs
0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 and items
identified in supplements no. 2 and no. 4 to part 746 of the EAR.
See Sec. 746.8 of the EAR for Sanctions against Russia and Belarus,
including additional license requirements for items listed in any
ECCN in Categories 3, 4, 5, 6, 7, 8, or 9 of the CCL.
* * * * *
PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS
0
3. The authority citation for 15 CFR part 746 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. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 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,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 6, 2021, 86 FR
26793 (May 10, 2021).
0
4. Section 746.5 is amended by revising paragraphs (a)(1) and (b) to
read as follows:
Sec. 746.5 Russian industry sector sanctions.
(a) * * *
(1) General prohibition. (i) A license is required to export,
reexport or transfer (in-country) any item subject to the EAR listed in
supplement no. 2 to this part and items specified in ECCNs 0A998,
1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 when you ``know''
that the item will be used directly or indirectly in exploration for,
or production of, oil or gas in Russian deepwater (greater than 500
feet) or Arctic offshore locations or shale formations in Russia, or
are unable to determine whether the item will be used in such projects.
Such items include, but are not limited to, drilling rigs, parts for
horizontal drilling, drilling and completion equipment, subsea
processing equipment, Arctic-capable marine equipment, wireline and
down hole motors and equipment, drill pipe and casing, software for
hydraulic fracturing, high pressure pumps, seismic acquisition
equipment, remotely operated vehicles, compressors, expanders, valves,
and risers.
(ii) A license is required to export, reexport, or transfer (in-
country) any item subject to the EAR listed in supplement no. 4 to this
part to or within Russia.
(iii) You should be aware that other provisions of the EAR,
including parts 742 and 744 and Sec. 746.8, also apply to exports and
reexports to Russia. License applications submitted to BIS under this
section may include the phrase ``section 746.5(a)(1)(i)'' or ``section
746.5(a)(1)(ii)'' in Block 9 (Special Purpose) as described in
supplement no. 1 to part 748 of the EAR.
* * * * *
(b) Licensing policy. (1) Applications for the export, reexport, or
transfer (in-country) of any item pursuant to paragraph (a)(1)(i) of
this section that requires a license for Russia will be reviewed under
a policy of denial when for use directly or indirectly for exploration
or production from deepwater (greater than 500 feet), Arctic offshore,
or shale projects in Russia that have the potential to produce oil or
gas, except that applications for export, reexport, or transfer (in-
country) of items that may be necessary for health and safety reasons
will be reviewed under a case-by case license review policy.
(2) Applications for the export, reexport, or transfer (in-country)
of any item pursuant to paragraph (a)(1)(ii) of this section that
requires a license for Russia will be reviewed under a policy of
denial, except that applications for export, reexport, or transfer (in-
country) of items that may be necessary for health and safety reasons
will be reviewed under a case-by case license review policy.
* * * * *
0
5. Supplement no. 2 to part 746 is amended by adding a sentence to the
end of the introductory text to read as follows:
Supplement No. 2 to Part 746--Russian Industry Sector Sanction List
* * * Schedule B number 8479.89.9850 is listed on both supplements
no. 2 and 4 to this part, so exporters, reexporters, and transferors
must comply with the license requirements under both Sec.
746.5(a)(1)(i) and (ii) as applicable.
* * * * *
0
6. Add supplement No. 4 to part 746 to read as follows:
Supplement No. 4 to Part 746--HTS Codes and Schedule B Numbers That
Require a License for Export, Reexport, and Transfer (In-Country) to or
Within Russia Pursuant to Sec. 746.5(a)(1)(ii)
The source for the Harmonized Tariff Schedule (HTS)-6 codes and
descriptions and Schedule B numbers and descriptions in this list comes
from the Bureau of the Census's Schedule B concordance of exports 2022.
Census's Schedule B List 2022 can be found at www.census.gov/foreign-trade/aes/documentlibrary/#concordance. The Introduction Chapter of the
Schedule B provides important information about classifying products
and interpretations of the Schedule B, e.g., NESOI means
[[Page 12859]]
Not Elsewhere Specified or Included. In addition, important information
about products within a particular chapter may be found at the
beginning of chapters. This supplement includes four columns consisting
of the HTS Code, HTS Description, Schedule B and Schedule B Description
to assist exporters, reexporters, and transferors in identifying the
products in this supplement no. 4 to this part. For information on HTS
codes in general, you may contact a local import specialist at U.S.
Customs and Border Protection at the nearest port. Schedule B number
8479.89.9850 is listed on both supplements no. 2 and 4 to this part, so
exporters, reexporters, and transferors must comply with the license
requirements under both Sec. 746.5(a)(1)(i) and (ii) as applicable.
----------------------------------------------------------------------------------------------------------------
Harmonized tariff schedule (HTS)--6
code HTS description Schedule B Schedule B description
----------------------------------------------------------------------------------------------------------------
847989 or 854370..................... Alkylation and 8479.89.9850 or --Oil and gas field
isomerization units. 8479.89.9900. wire line and downhole
equipment, or
--Other.
847989 or 854370..................... Aromatic hydrocarbon 8479.89.9850 or --Oil and gas field
production units. 8479.89.9900. wire line and downhole
equipment, or
--Other.
841940............................... Atmospheric--vacuum 8419.40.0080........... --Other.
crude distillation
units (CDU).
847989 or 854370..................... Catalytic reforming/ 8543.70.9665........... --Other.
cracker units.
841989, 841989 or 841989............. Delayed cokers......... 8419.89.9585........... --For other materials.
841989, 841989 or 841989............. Flexicoking units...... 8419.89.9585........... --For other materials.
847989............................... Hydrocracking reactors. 8479.89.9850, or --Oil and gas field
8479.89.9900. wire line and downhole
equipment, or
--Other.
841989, 841989, 841989, or 847989.... Hydrocracking reactor 8419.89.9585........... --For other materials.
vessels.
847989 or 854370..................... Hydrogen generation 8479.89.9850, or --Oil and gas field
technology. 8479.89.9900. wire line and downhole
equipment, or
--Other.
842139, 842139, 842139, 842139, Hydrogen recovery and 8421.39.0140, or --Gas separation
847989 or 854370. purification 8421.39.0190. equipment, or
technology. --Other.
847989 or 854370..................... Hydrotreatment 8479.89.9850, or --Oil and gas field
technology/units. 8479.89.9900. wire line and downhole
equipment, or
--Other.
847989 or 854370..................... Naphtha isomerisation 8479.89.9850, or --Oil and gas field
units. 8479.89.9900. wire line and downhole
equipment, or
--Other.
847989 or 854370..................... Polymerisation units... 8479.89.9850, or --Oil and gas field
8479.89.9900. wire line and downhole
equipment, or
--Other.
841989, 841989, or 841989, 847989 or Refinery fuel gas 8419.89.9585........... --For other materials.
854370. treatment and sulphur
recovery technology
(including amine
scrubbing units,
sulphur recovery
units, tail gas
treatment units).
845690, 847989 or 854370............. Solvent de--asphalting 8456.90.7100, --Other --
units. 8479.89.9850, or --Oil and gas field
8479.89.9900. wire line and downhole
equipment, or
--Other.
847989 or 854370..................... Sulphur production 8479.89.9850, or --Oil and gas field
units. 8479.89.9900. wire line and downhole
equipment, or
--Other.
847989 or 854370..................... Sulphuric acid 8479.89.9850, or --Oil and gas field
alkylation and 8479.89.9900. wire line and downhole
sulphuric acid equipment, or
regeneration units. --Other.
841989, 841989, or 841989, 847989 or Thermal cracking units. 8419.89.9585, --For other materials,
854370. 8479.89.9850, or --Oil and gas field
8479.89.9900. wire line and downhole
equipment, or
--Other.
847989 or 854370..................... [Toluene and heavy 8479.89.9850, or --Oil and gas field
aromatics] 8479.89.9900. wire line and downhole
Transalkylation units. equipment, or
--Other.
847989 or 854370..................... Visbreakers............ 8479.89.9850, or --Oil and gas field
8479.89.9900. wire line and downhole
equipment, or
--Other.
847989 or 854370..................... Vacuum gas oil 8479.89.9850, or --Oil and gas field
hydrocracking units. 8479.89.9900. wire line and downhole
equipment, or
--Other.
----------------------------------------------------------------------------------------------------------------
[[Page 12860]]
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2022-04912 Filed 3-3-22; 3:15 pm]
BILLING CODE 3510-33-P
