Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59791 

interest. Neither the errors nor the 

corrections in this document affect the 

substance of the March 2021 final rule 

or any of the conclusions reached in 

support of the final rule. Providing prior 

notice and an opportunity for public 

comment on correcting objective, 

typographical errors that do not change 

the substance of the test procedure 

serves no useful purpose. 

Further, this rule correcting a 

regulatory text error makes nonsubstantive changes to the test 

procedure. As such, this rule is not 

subject to the 30-day delay in effective 

date requirement of 5 U.S.C. 553(d) 

otherwise applicable to rules that make 

substantive changes. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on August 23, 2023, 

by Francisco Alejandro Moreno, Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on August 23, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE corrects part 430 of 

chapter II, subchapter D, of title 10 of 

the Code of Federal Regulations by 

making the following correcting 

amendments: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Amend Appendix F to subpart B of 

part 430 by: 

■ a. Revising section 4.2.1; 

■ b. In section 5.2.2, revising the 

definitions of ‘‘AECia/om’’; 

■ c. In section 5.3.6, revising the 

definitions of ‘‘AECia/om’’; and 

■ d. In section 5.3.7, revising the 

definitions of ‘‘AECia/om’’. 

The revisions read as follows: 

Appendix F to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Room Air 

Conditioners 

* * * * * 

4. * * * 

4.2 * * * 

4.2.1 If the unit has an inactive mode, as 

defined in section 2.14 of this appendix, 

measure and record the average inactive 

mode power, Pia, in watts. 

* * * * * 

5. * * * 

5.2 * * * 

5.2.2 * * * 

AECia/om = annual energy consumption in 

inactive mode and off mode, in kWh/year, 

determined in section 5.1 of this appendix. 

* * * * * 

5.3 * * * 

* * * * * 

5.3.6 * * * 

AECia/om = annual energy consumption in 

inactive mode and off mode, in kWh/year, 

determined in section 5.1 of this appendix. 

* * * * * 

5.3.7 * * * 

AECia/om = annual energy consumption in 

inactive mode and off mode, in kWh/year, 

determined in section 5.1 of this appendix. 

* * * * * 

[FR Doc. 2023–18529 Filed 8–29–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 766 

[Docket No. 230824–0204] 

RIN 0694–AJ36 

Revisions of Temporary Denial Order 

Provisions To Allow for Extended 

Renewals in Certain Circumstances 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to create an additional option for 

the renewal of temporary denial orders 

(TDOs) by allowing BIS, under certain 

circumstances, to request that the 

Assistant Secretary for Export 

Enforcement renew an existing TDO for 

a period of no more than one year, 

rather than the current renewal period 

of no more than 180 days. This final 

rule also makes some conforming 

changes to remove references to the 

‘‘EAA,’’ the Export Administration Act 

(EAA), and add in their place references 

to ‘‘ECRA,’’ the Export Control Reform 

Act (ECRA), to reflect the EAR’s current 

statutory authority. 

DATES: This rule is effective on August 

29, 2023. 

FOR FURTHER INFORMATION CONTACT: John 

Sonderman, Director, Office of Export 

Enforcement, Bureau of Industry and 

Security, Phone: (202) 482–5079, Email: 

EEinquiry@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A. Amendment of Temporary Denial 

Order Provisions To Allow for Extended 

Renewals in Certain Circumstances 

This final rule amends § 766.24 of the 

EAR (15 CFR parts 730 through 774) by 

adding an additional sentence after the 

first sentence of paragraph (d)(1). 

Specifically, this final rule creates an 

additional option for the renewal of 

temporary denial orders (TDOs) by 

allowing BIS, under certain 

circumstances, to request that the 

Assistant Secretary for Export 

Enforcement renew an existing TDO for 

a period of no more than one year, 

rather than the current renewal period 

of no more than 180 days. 

This final rule does not change the 

current language set forth in the first 

sentence of paragraph (d)(1), which 

allows BIS to request the renewal of a 

TDO for a period of 180 days by 

demonstrating that such a renewal is 

necessary in the public interest to 

prevent an imminent violation of the 

EAR. Rather, this final rule allows BIS 

to request the renewal of a TDO for an 

extended period by demonstrating that 

a party that is subject to an existing TDO 

has engaged in a pattern of repeated, 

ongoing and/or continuous apparent 

violations of the EAR. 

Under the current standard set forth 

in § 766.24(d)(1), a ‘‘violation may be 

‘imminent’ either in time or degree of 

likelihood’’ (15 CFR 766.24(b)(3)), and 

BIS may show ‘‘either that a violation is 

about to occur, or that the general 

circumstances of the matter under 

investigation or case under criminal or 

administrative charges demonstrate a 

likelihood of future violations.’’ Id. As 

to the likelihood of future violations, 

BIS may show that the violation under 

investigation or charge ‘‘is significant, 

deliberate, covert and/or likely to occur 


lotter on DSK11XQN23PROD with RULES1
59792 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

again, rather than technical or 

negligent[.]’’ Id. A ‘‘lack of information 

establishing the precise time a violation 

may occur does not preclude a finding 

that a violation is imminent, so long as 

there is sufficient reason to believe the 

likelihood of a violation.’’ Id. 

By contrast, this new standard 

requires BIS to show that since the 

issuance of a TDO, the respondent has 

engaged in a pattern of repeated, 

ongoing and/or continuous apparent 

violations of the EAR, including the 

terms of the TDO, and that renewal of 

the TDO for an extended period is 

appropriate to address such continued 

apparent violations. Such a showing 

should demonstrate not just the 

likelihood of future imminent violations 

of the EAR but should include specific 

facts demonstrating past apparent 

violations of the EAR. 

An extended renewal is appropriate, 

for instance, in cases where a 

respondent has acted in apparent 

blatant disregard of the EAR, where a 

respondent has attempted to circumvent 

or has otherwise appeared to violate the 

restrictions of a TDO or the EAR, or has 

otherwise acted in a manner 

demonstrating a pattern of apparent 

noncompliance with the requirements 

of the EAR. 

This final rule also makes conforming 

changes to paragraphs (a), (b)(1) and 

(e)(5) of § 766.24 to remove references to 

the ‘EAA’ and add in their place 

references to ‘ECRA’ to reflect the EAR’s 

current statutory authority. 

B. Importance of TDOs To Address 

Entities That Have Engaged in a Pattern 

of Repeated, Ongoing, and/or 

Continuous Apparent Violations of the 

Russia- or Iran-Related Restrictions 

Since the imposition of sanctions on 

Russia in response to its further 

invasion of Ukraine in February 2022, 

and the imposition of similar sanctions 

on Belarus for its substantial 

enablement of Russia’s invasion, BIS 

has imposed a number of TDOs on 

entities that have engaged in a pattern 

of repeated, ongoing, and/or continuous 

apparent violations of these Russiarelated restrictions, most notably on a 

number of Russian and Belarusian 

airlines. Beginning with the issuance of 

a TDO against PJSC Aeroflot 

(‘‘Aeroflot’’) on April 7, 2022 (87 FR 

21611, Apr. 12, 2022), which was 

subsequently renewed on October 3, 

2022 (87 FR 60985, Oct. 7, 2022) and on 

March 29, 2023 (88 FR 19609, Apr. 3, 

2023), BIS has issued a number of TDOs 

targeting Russian and Belarusian 

airlines that have repeatedly and 

deliberately continued to operate 

international and/or domestic flights 

involving aircraft subject to the EAR in 

apparent violation of the EAR and the 

applicable TDOs. 

Similarly, on March 17, 2008, BIS 

imposed a TDO (73 FR 15130) which 

has been repeatedly renewed, most 

recently on May 5, 2023 (88 FR 30078, 

May 10, 2023), against Mahan Airways 

in connection with its numerous 

ongoing apparent violations of the EAR. 

The most recent renewal of this TDO 

stated that according to publicly 

available information, Aeroflot has 

begun sending its aircraft to Mahan 

Airways for repairs and/or maintenance. 

Id. at 30085. 

Cases such as these, which involve an 

existing TDO combined with a pattern 

of repeated, ongoing, and/or continuous 

conduct that appears to violate a TDO 

or the EAR, leading to the need to 

repeatedly renew the applicable TDOs, 

are emblematic of the type of conduct 

which this extended renewal option is 

intended to address. 

Such extended renewals will serve as 

an enhanced deterrent for such actors 

who are engaging in such apparent 

violative conduct and others who may 

be inclined to engage in behavior to 

facilitate such activities. Moreover, such 

extended renewals will provide 

enhanced notice to companies and 

individuals in the United States and 

abroad that they should avoid dealing 

with such actors of concern in 

connection with export, reexport, and 

transfer (in-country) transactions 

involving items subject to the EAR and 

in connection with any other activity 

subject to the EAR, e.g., the provision of 

services in connection with an aircraft 

subject to the EAR that is operated by 

a denied person, or with respect to an 

aircraft that has been exported in 

violation of the EAR (see 15 CFR 

736.2(b)(10)). BIS maintains a nonexhaustive list of aircraft that have 

potentially been exported to Russia or 

Belarus in violation of the EAR, 

including aircraft operated by certain 

denied persons, which can be found on 

the BIS website: https://

www.bis.doc.gov/index.php/policyguidance/country-guidance/russiabelarus. 

In the event that the Assistant 

Secretary determines that a request for 

renewal of a TDO does not satisfy this 

new standard for an extended renewal 

as described above under section A, it 

may nonetheless be extended for a 

period not exceeding 180 days, 

provided that BIS has demonstrated that 

such renewal is necessary in the public 

interest to prevent an imminent 

violation. 

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 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is 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 an information collection 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System. BIS 

does not anticipate a change to the 

burden hours associated with this 

collection as a result of this rule. 

Information regarding the collection, 

including all supporting materials, can 

be accessed at https://www.reginfo.gov/ 

public/do/PRAMain. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018, this 

action is exempt from the 

Administrative Procedure Act (5 U.S.C. 

553) requirements for notice of 

proposed rulemaking, opportunity for 

public participation, and delay in 

effective date. 

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 in 15 CFR Part 766 

Administrative practice and 

procedure, Confidential business 

information, Exports, Law enforcement, 

Penalties. 

Accordingly, part 766 of the Export 

Administration Regulations (15 CFR 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59793 

parts 730 through 774) is amended as 

follows: 

PART 766—ADMINISTRATIVE 

ENFORCEMENT PROCEEDINGS 

■ 1. The authority citation for 15 CFR 

part 766 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.; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783. 

■ 2. Section 766.24 is amended by 

revising the third sentence of paragraph 

(a), paragraphs (b)(1), (d)(1), and the last 

sentence of paragraph (e)(5), to read as 

follows: 

§ 766.24 Temporary denials. 

(a) * * * Without limiting any other 

action BIS may take under the EAR with 

respect to any application, order, license 

or authorization issued under ECRA, 

BIS may ask the Assistant Secretary to 

issue a temporary denial order on an ex 

parte basis to prevent an imminent 

violation, as defined in this section, of 

the ECRA, the EAR, or any order, 

license or authorization issued 

thereunder. * * * 

(b) * * * (1) The Assistant Secretary 

may issue an order temporarily denying 

to a person any or all of the export 

privileges described in part 764 of the 

EAR upon a showing by BIS that the 

order is necessary in the public interest 

to prevent an imminent violation of 

ECRA, the EAR, or any order, license or 

authorization issued thereunder. 

* * * * * 

(d) * * * (1) If, no later than 20 days 

before the expiration date of a 

temporary denial order, BIS believes 

that renewal of the denial order is 

necessary in the public interest to 

prevent an imminent violation, BIS may 

file a written request setting forth the 

basis for its belief, including any 

additional or changed circumstances, 

asking that the Assistant Secretary 

renew the temporary denial order, with 

modifications, if any are appropriate, for 

an additional period not exceeding 180 

days. In cases demonstrating a pattern of 

repeated, ongoing and/or continuous 

apparent violations, BIS may request the 

renewal of a temporary denial order for 

an additional period not exceeding one 

year. BIS’s request shall be delivered to 

the respondent, or any agent designated 

for this purpose, in accordance with 

§ 766.5(b) of this part unless exceptional 

circumstances exist, which will 

constitute notice of the renewal 

application. 

* * * * * 

(e) * * * 

(5) * * * The issuance or renewal of 

the temporary denial order shall be 

affirmed only if there is reason to 

believe that the temporary denial order 

is required in the public interest to 

prevent an imminent violation of ECRA, 

the EAR, or any order, license or other 

authorization issued under ECRA. 

* * * * * 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–18772 Filed 8–29–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1952 

Oregon State Plan; Extension of Final 

Approval of a State Plan To Cover the 

Separable Portion of Temporary Labor 

Camps 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notification of extending final 

approval of a State Plan over a separable 

portion. 

SUMMARY: This document gives notice of 

final approval of the Oregon State 

occupational safety and health plan 

(State Plan) over temporary labor camps 

under section 18(e) of the Occupational 

Safety and Health Act of 1970 (OSH 

Act). As a result of this affirmative 18(e) 

determination, the Federal standard and 

enforcement authority as derived from 

the OSH Act will no longer apply to 

temporary labor camps in Oregon. This 

notification does not affect or disturb 

any other provisions or standards 

enforced by the U.S. Department of 

Labor’s Wage and Hour Division at 

temporary labor camps in Oregon 

pursuant to an authority other than the 

OSH Act. This notification also does not 

affect or disturb the previous grant of 

final approval in 2005 as to all other 

issues covered by the Oregon State Plan. 

DATES: The notification of extension of 

final approval is effective August 30, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Contact Frank 

Meilinger, OSHA Office of 

Communications, U.S. Department of 

Labor; telephone (202) 693–1999; email 

meilinger.francis2@dol.gov. 

For general and technical 

information: Contact Douglas J. 

Kalinowski, Director, OSHA Directorate 

of Cooperative and State Programs, U.S. 

Department of Labor; telephone (202) 

693–2200; email: kalinowski.doug@

dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 18 of the Occupational Safety 

and Health Act of 1970 (OSH Act), 29 

U.S.C. 667, provides that states which 

wish to assume responsibility for 

developing and enforcing their own 

occupational safety and health 

standards may do so by submitting, and 

obtaining Federal approval of, a state 

plan (State Plan or Plan). State Plan 

approval occurs in stages, beginning 

with initial approval under section 18(c) 

of the Act. If, after a period of no less 

than three years following initial 

approval, the Assistant Secretary 

determines that the State Plan has 

satisfied and continues to meet all 

criteria in section 18(e) of the OSH Act, 

the Assistant Secretary may make an 

affirmative determination under section 

18(e) of the Act (referred to as ‘‘final 

approval’’ of the State Plan), which 

results in the relinquishment of 

concurrent Federal authority in the state 

with respect to occupational safety and 

health issues covered by the Plan (29 

U.S.C. 667(e)). Procedures for section 

18(e) determinations are found in 29 

CFR part 1902, subpart D. In general, to 

be granted final approval, actual 

operation of the occupational safety and 

health Plan by the state must be at least 

as effective as the Federal OSHA 

program in all areas covered under the 

State Plan. 

II. State Plan History 

A. Final Approval of the Oregon State 

Plan Except as to Temporary Labor 

Camps 

The Oregon State Plan, administered 

by the Oregon Department of Consumer 

and Business Services, received initial 

approval on December 28, 1972 (37 FR 

28628). On January 23, 1975, OSHA and 

the State of Oregon entered into an 

Operational Status Agreement (OSA), 

which suspended the exercise of 

concurrent Federal authority in Oregon 

in all except specifically identified areas 

(40 FR 18427). On December 16, 2004, 

OSHA published a notification (69 FR 

75436) that the Oregon State Plan was 

eligible for a determination as to 

whether final approval of the Plan 

should be granted under section 18(e) of 

the Act for all issues covered by the 

Plan, with the exception of temporary 

labor camps in agriculture, general 

industry, construction, and logging. The 

notification stated that the issue of 

temporary labor camps was being 

excluded from final approval at that 

time pending resolution of OSHA’s 


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