4804 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 

carrier slot limit. The FAA notes that 

carriers at DCA regularly engage in 

swapping slots for retiming purposes or 

in temporary leasing of slots and those 

options remain available for carriers to 

manage slot holdings at the airport. 

In addition, the FAA is extending a 

limited, conditional waiver from 

minimum usage requirements at JFK 

and LGA and providing similar relief at 

EWR under the Level 2 process for 

departure slots or approved schedules 

between 2100 and 2200 used for 

nonstop service to DCA, as well as slots 

or approved schedules associated with a 

DCA departure between 0500 and 0659 

used for nonstop service to those slotcontrolled or schedule facilitated New 

York City area airports. Carriers may 

also choose to use those slots at JFK and 

LGA or the approved runway times at 

EWR for operations to other markets 

than DCA. 

The FAA will treat as used the 

specific slots impacted by the 

construction for the period from March 

31, 2024, through October 26, 2024. 

This provides some time before and 

after the currently planned runway 

closure dates to accommodate potential 

changes to the construction schedule 

and provides carriers that may need 

some relief on either side of the current 

anticipated construction dates to phase 

in or phase out current operations. The 

relief is subject to the following 

conditions: 

1. The specific slots must be returned 

to the FAA at least four weeks prior to 

the date of the FAA-approved operation, 

by submission to 7-awa-slotadmin@

faa.gov. 

2. Slots newly allocated after 

December 15, 2023, for initial use before 

October 26, 2024, are not eligible for 

relief. 

3. Slots authorized at DCA by 

Department of Transportation or FAA 

exemptions are not eligible for relief. 

4. At JFK, LGA, and EWR only 

departure slots or approved schedules 

between 2100 and 2200 used for 

nonstop service to DCA and slots or 

approved schedules associated with a 

DCA departure between 0500 and 0659 

used for nonstop service to those slotcontrolled or schedule facilitated New 

York City area airport are eligible for 

relief. 

Issued in Washington, DC, on January 22, 

2024. 

Marc A. Nichols, 

Chief Counsel. 

Alyce Hood-Fleming, 

Vice President, System Operations Services. 

[FR Doc. 2024–01524 Filed 1–23–24; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734 and 746 

[Docket No. 240119–0019] 

RIN 0694–AJ48 

Implementation of Additional 

Sanctions Against Russia and Belarus 

Under the Export Administration 

Regulations (EAR) and Refinements to 

Existing Controls 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In response to the Russian 

Federation’s (Russia’s) ongoing 

aggression against Ukraine and Belarus’s 

complicity in the invasion, the 

Department of Commerce is 

strengthening its existing sanctions 

under the Export Administration 

Regulations (EAR) against Russia and 

Belarus, including by expanding the 

scope of the EAR’s Russian and 

Belarusian Industry Sector Sanctions 

and making certain changes to the 

licensing requirements that apply to the 

occupied Crimea region of Ukraine as 

well. Additionally, this rule revises 

recent restrictions targeting Iran’s 

supply of Unmanned Aerial Vehicles to 

Russia. This rule also refines certain 

existing export controls on Russia and 

Belarus. The Department of Commerce 

is taking these actions to enhance the 

effectiveness of its controls on these 

countries and to better align them with 

those implemented by U.S. allies and 

partners. 

DATES: This rule is effective on January 

23, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

general 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, Belarus, and 

Iran December 2023 export control 

measures’’ in the subject line. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In response to Russia’s February 2022 

further invasion of Ukraine, BIS 

imposed extensive sanctions on Russia 

under the Export Administration 

Regulations (15 CFR parts 730 through 

774) (EAR) as part of the final rule 

‘‘Implementation of Sanctions Against 

Russia Under the Export Administration 

Regulations (EAR)’’ (the Russia 

Sanctions Rule) (87 FR 12226, March 3, 

2022). To address Belarus’s complicity 

in the invasion, BIS imposed similar 

sanctions on Belarus under the EAR in 

a final rule, ‘‘Implementation of 

Sanctions Against Belarus’’ (‘‘Belarus 

Sanctions Rule’’) (87 FR 13048, March 

6, 2022). During the last two years, BIS 

has published a number of additional 

final rules strengthening the export 

controls on Russia and Belarus, 

including measures undertaken in 

coordination with U.S. allies and 

partners. 

Most recently, BIS strengthened its 

existing sanctions under the EAR 

against Russia and Belarus, including by 

expanding the scope of the EAR’s 

Russian and Belarusian Industry Sector 

Sanctions and by expanding the foreign 

direct product rule that already applied 

to Russia and Belarus to apply as well 

to the Crimea region of Ukraine, which 

has been occupied by Russia since 2014 

(88 FR 33422, May 22, 2023). 

Additionally, that rule revised 

restrictions implemented in a February 

2023 rule, ‘‘Export Control Measures 

Under the Export Administration 

Regulations (EAR) to Address Iranian 

Unmanned Aerial Vehicles (UAVs) and 

Their Use by the Russian Federation,’’ 

targeting Iran’s supply of Unmanned 

Aerial Vehicles (UAVs) to Russia and 

refined existing export controls on 

Russia and Belarus (Iran UAV rule) (88 

FR 12150, February 27, 2023). The 

Department of Commerce took these 

actions to enhance the effectiveness of 

its controls on these countries and to 

better align them with those 

implemented by U.S. allies and 

partners. 

Taken together, these actions under 

the EAR reflect the U.S. Government’s 

position that Russia’s invasion of 

Ukraine and Belarus’s complicity in the 

invasion, flagrantly violate international 

law, are contrary to U.S. national 

security and foreign policy interests, 

and undermine global order, peace, and 

security. 

The export control measures in this 

final rule build upon the policy 

objectives set forth in the earlier rules 

referenced above. The adoption of these 

measures, undertaken in part to better 

align U.S. controls with the stringent 

measures implemented by partners and 

allies, will enhance the effectiveness of 

the multilateral sanctions on Russia by 

further limiting Russia’s access to items 

that enable its military capabilities and 

to sources of revenue that could support 

those capabilities. Additionally, the new 

or expanded controls specified in this 

rule target Belarus as part of the U.S. 

response to the country’s complicity in 


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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 4805 

Russia’s aggression, as well as Iran for 

its support of Russia. 

II. Overview of New Controls 

This rule revises the EAR to enhance 

and strengthen the existing sanctions 

against Russia and Belarus by 

expanding the scope of the Russian and 

Belarusian industry sector sanctions to 

better align them with the controls that 

have been implemented by U.S. allies 

and partners imposing substantially 

similar controls on Russia and Belarus, 

including a control added on Iran 

pursuant to the Iran UAV rule, that 

targeted Iran’s supply of UAVs to Russia 

(88 FR 12150, February 27, 2023) (Iran 

UAVs rule). For similar policy reasons, 

this rule also refines other controls on 

Russia and Belarus that were imposed 

in response to Russia’s February 2022 

further invasion of Ukraine. 

III. Amendments to the Export 

Administration Regulations (EAR) 

This rule enhances and strengthens 

the sanctions that have been 

implemented on Russia, Belarus, the 

occupied Crimea region of Ukraine, and 

Iran under the EAR, as described under 

sections A and B below. The regulatory 

revisions described under Section A. 

Imposition of new export controls on 

Russia, Belarus, and Iran, including 

changes to align controls with those 

imposed by U.S. allies and partners 

include: 

• Expansion of Russian and 

Belarusian Industry Sector Sanctions 

that apply to items listed in supplement 

no. 4 to part 746 to add additional items 

to align with controls imposed by U.S. 

partners and allies and to make other 

changes to render the EAR’s controls 

stronger, more effective, and easier to 

understand; 

• Expansion of items that require a 

license under § 746.7 when destined to 

Iran and under § 746.8 when destined to 

Russia or Belarus under supplement no. 

7 to part 746 to add an additional item 

to align with controls imposed by U.S. 

partners and allies and to make other 

changes to render the EAR’s controls 

stronger, more effective, and easier to 

understand; and 

• Eliminating the lowest-level 

military and spacecraft-related items 

(i.e., .y items) from being eligible for de 

minimis treatment when incorporated 

into foreign-made items for export from 

abroad or reexport to Russia or Belarus. 

A. Imposition of New Export Controls on 

Russia, Belarus, and Iran, Including 

Changes To Align Controls With Those 

Imposed by U.S. Allies and Partners 

This rule expands the scope of the 

Russian and Belarusian Industry Sector 

Sanctions (§ 746.5 of the EAR) by 

adding additional items to supplement 

no. 4 to part 746 that will require a 

license under § 746.5(a)(1)(ii), as 

described further below. This rule also 

adds an additional item to supplement 

no. 7 to part 746 that will require a 

license under § 746.7 when destined to 

Iran and under § 746.8 when destined to 

Russia or Belarus. 

1. Expansion of Russian and 

Belarusian Industry Sector Sanctions by 

adding additional items to supplement 

no. 4 to part 746 consistent with the 

objective to undermine Russia’s and 

Belarus’s industrial bases and align the 

EAR controls further with those imposed 

by U.S. partners and allies. 

This rule expands the list of items set 

forth in supplement no. 4 to part 746 

(Russian and Belarusian Industry Sector 

Sanctions Pursuant to § 746.5(a)(1)(ii)). 

Specifically, this rule adds 94 additional 

Harmonized Tariff Schedule (HTS)-6 

Code entries to supplement no. 4; 

consequently, these items will now 

require a license for export, reexport to, 

or transfer within Russia or Belarus 

under § 746.5(a)(1)(ii). Restrictions on 

these 94 groups of industrial items are 

intended to further undermine the 

Russian and Belarusian industrial bases 

and their ability to continue to support 

Russia’s military aggression in Ukraine. 

The items added include a variety of 

industrial materials, items needed for 

manufacturing, and certain aircraftrelated items. The complete list of 94 

new HTS–6 Codes this rule adds to 

supplement no. 4 are identified in 

amendatory instruction 10. 

In May 2023, BIS imposed controls on 

entire harmonized system chapters 84, 

85, and 90 in supplement no. 4 to part 

746 of the EAR. With this new rule, BIS 

will notably be controlling all of 

harmonized system chapter 88 as well. 

Chapter 88 is focused on aircraft, 

spacecraft, and parts thereof, and there 

is significant overlap between items in 

this chapter and items classified in 

Category 9 of the Commerce Control List 

(see, e.g., Export Control Classification 

Number (ECCN) 9A991). However, BIS 

believes that adding controls to all of 

chapter 88 will more closely align U.S. 

controls with those of U.S. allies, who 

generally impose aviation controls on 

Russia through reference to Chapter 88. 

This will also ensure that additional 

related items not enumerated or 

otherwise specified on the Commerce 

Control List are controlled for export, 

reexport, or transfer (in-country) to or 

within Russia and Belarus. Through 

such comprehensive controls, BIS 

intends to cut further off Russia’s access 

to items of potential military 

significance and expand the economic 

impact of controls that will deny Russia 

additional resources it needs to 

continue waging war. Consistent with 

the amendments made elsewhere by this 

rule, the proper order of review for 

destination-based controls specific to 

Russia and Belarus is to review § 746.8 

before reviewing controls imposed by 

§ 746.5. Furthermore, consistent with 

the Order of Review described in 

supplement no. 4 to part 774 of the EAR 

and § 734.3(b)(1)(i), defense articles on 

the United States Munitions List 

(USML) are subject to the exclusive 

jurisdiction of another agency and are 

thus not subject to the EAR. 

Accordingly, no USML defense articles 

are controlled under the EAR for export, 

reexport, or transfer (in-country) to or 

within Russia or Belarus based on 

§ 746.5, no matter their tariff code 

classification. See the International 

Traffic in Arms Regulations (ITAR) (22 

CFR parts 120 through 130) for controls 

for USML defense articles. 

Items controlled through amendments 

made by this rule were identified based 

on a review of public and non-public 

information regarding which items 

Russia seeks to further its war against 

Ukraine, an evaluation of areas in which 

U.S. trade has continued to provide an 

economic benefit to Russia, and an 

assessment of how the United States 

could better align with its allies and 

partners to degrade Russia’s war effort. 

BIS estimates these changes to 

supplement no. 4 to part 746 will result 

in an additional 25 license applications 

submitted to BIS annually. 

2. Expansion of items that require a 

license under § 746.7 when destined to 

Iran and under § 746.8 when destined to 

Russia or Belarus under supplement no. 

7 to part 746 to align with controls 

imposed by U.S. partners and allies and 

to make other changes to render the 

EAR’s controls stronger, more effective, 

and easier to understand. 

In supplement no. 7 to part 746 (Items 

That Require a License Under § 746.6 

When Destined to the Temporarily 

Occupied Crimea region of Ukraine, 

Under § 746.7 When Destined to Iran, 

and Under § 746.8 When Destined to 

Russia or Belarus), this rule expands the 

list of items that require a license by 

adding one additional HTS–6 Code 

entry (852910) to supplement no. 7; 

consequently, items classified under 

this HTS–6 entry will now require a 

license for export or reexport to Iran 

under § 746.7(a)(1)(ii) and to Russia and 

Belarus under § 746.8(a)(2). The 

restrictions on these items are intended 

to further undermine Iran’s ability to 

support the Russian and Belarusian 

industrial bases that have in turn 

provided support for Russia’s military 


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4806 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 

aggression in Ukraine. The items that 

fall under this entry include a variety of 

antennas and antenna reflectors and 

parts thereof. BIS estimates this change 

to supplement no. 7 to part 746 will 

result in an additional five license 

applications submitted to BIS annually. 

3. Prohibiting the use of de minimis 

for .y ‘‘600 series’’ and 9x515 items for 

Belarus and Russia. 

This rule revises § 734.4 (De minimis 

U.S. content) to expand the scope of the 

paragraph (a)(6)(ii) restriction that 

specifies there is no de minimis level for 

foreign-made items that incorporate 

U.S.-origin 9x515 or ‘‘600 series’’ .y 

items when destined for a country listed 

in Country Group E:1 or E:2 of 

supplement no. 1 to part 740 of the EAR 

or for China. Specifically, this rule adds 

Belarus and Russia to this paragraph so 

that there is no de minimis level for 

U.S.-origin 9x515 or ‘‘600 series’’ .y 

items destined for Belarus or Russia. 

Adding Belarus and Russia to this 

restriction on the use of de minimis will 

bring additional foreign-made military 

and spacecraft items within the scope of 

the EAR and put additional pressure on 

Russia’s military and defense industrial 

base, as well as make it more difficult 

for foreign suppliers to provide even 

low-level military and spacecraft items 

to Belarus and Russia. While the license 

requirements under § 746.8(a)(1) already 

apply to the export, reexport, or transfer 

(in-country) to or within Russia or 

Belarus of these low-level military and 

spacecraft items, eliminating the 

eligibility of these items for de minimis 

treatment makes the EAR’s Russia and 

Belarus controls stronger, more far 

reaching, and more effective. BIS 

estimates this change to § 734.4 will 

result in an additional five license 

applications submitted to BIS annually. 

B. Corrections and Clarifications to 

Existing Controls on Russia and Belarus 

Some of the EAR’s Russia and 

Belarus-related provisions discussed 

above in Section A with respect to the 

additional controls being imposed on 

Russia and Belarus are also discussed 

here because this rule makes corrections 

and clarifications with respect to those 

provisions. The regulatory revisions 

described under Section B. Corrections 

and clarifications to existing controls on 

Russia and Belarus include: 

• Addition of exclusion from license 

requirements under § 746.6 for exports, 

reexports, and transfers (in-country) 

related to deployments by the Armed 

Forces of Ukraine to or within the 

temporarily occupied Crimea region of 

Ukraine and covered regions of Ukraine; 

• Clarification that U.S.-origin 

controlled content that meets the 

criteria in new § 746.10(a)(3) is 

excluded from de minimis calculations 

when identifying controlled U.S.-origin 

content to harmonize with similar 

exclusions under §§ 746.5 and 746.8; 

• Clarification regarding which EAR 

section takes precedence when 

determining licensing requirements that 

apply to items identified in 

supplements no. 2, 4, or 5 to part 746 

that are also classified in an ECCN 

under §§ 746.5, 746.8, and 746.10; 

• Clarification that fasteners are 

excluded from the scope of supplement 

nos. 2, 4, 5, and 7, but are subject to the 

license requirements under § 744.21 for 

Russia and Belarus, as well as any other 

part 744 license requirement that 

applies to all items subject to the EAR; 

• Harmonization of License 

Exceptions available under §§ 746.5, 

746.8, and 746.10, except as limited in 

the introductory text of the respective 

paragraph (c); 

• Clarification that ‘‘medicines’’ are 

excluded from the scope of supplement 

no. 6 to part 746; 

• Conforming change to adopt caseby-case license review policy for 

applications related to the safety of 

flight under §§ 746.5 and 746.10 to 

conform with § 746.8; and 

• Clarification that the import 

restrictions on the temporary import of 

firearms from Ukraine do not apply to 

firearms that were previously exported, 

reexported, or transferred (in-country) 

under a BIS license that are being 

temporarily returned to the United 

States for repair and servicing. 

BIS anticipates that the changes 

discussed in section B will not result in 

the submission of any additional license 

applications to BIS. 

1. Addition of exclusion from license 

requirements for deployments by the 

Armed Forces of Ukraine to or within 

the temporarily occupied Crimea region 

of Ukraine and covered regions of 

Ukraine. 

In § 746.6, this rule adds an exclusion 

from the license requirements for 

exports, reexports, and transfers (incountry) to or within the temporarily 

occupied Crimea region of Ukraine and 

covered regions of Ukraine related to 

deployments made by the Armed Forces 

of Ukraine. This exclusion is added to 

facilitate the operations of the Armed 

Forces of Ukraine (AFU or ZSU) within 

the temporarily occupied Crimea region 

of Ukraine and covered regions of 

Ukraine. This change is intended to 

make their deployments more efficient 

and effective. 

2. Clarification that U.S.-origin 

controlled content that meets the 

criteria in new § 746.10(a)(3) is also 

excluded from de minimis calculations 

when identifying controlled U.S.-origin 

content to harmonize with similar 

exclusions under §§ 746.5 and 746.8. 

In § 746.10 (‘Luxury goods’ sanctions 

against Russia and Belarus and Russian 

and Belarusian oligarchs and malign 

actors), this rule adds a new paragraph 

(a)(3) (Exclusion from scope of U.S.- 

origin controlled content under 

paragraphs (a)(1) and (2) of this section). 

Currently, certain U.S.-origin EAR99 

items are not considered U.S. controlled 

content for purposes of the EAR’s de 

minimis rules when incorporated into 

foreign-made items reexported or 

exported from abroad from countries 

listed in supplement no. 3 to part 746 

of the EAR (Countries Excluded from 

Certain License Requirements of 

§§ 746.6, 746.7, and 746.8). These 

exclusions are currently found in 

§§ 746.5(a)(3) and 746.8(a)(5) of the 

EAR. This addition to § 746.10 clarifies 

that the same de minimis exclusion 

applies to the luxury goods items 

identified in supplement no. 5 to part 

746 of the EAR. 

As a conforming change to the 

clarification to § 746.10, this final rule 

revises supplement no. 2 to part 734 

(Guidelines for De Minimis Rules) by 

adding an appropriate cross-reference to 

the new paragraph (a)(3). 

3. Clarification regarding which 

section takes precedence for items 

identified in supplements no. 2, 4, or 5 

to part 746 that are also classified in an 

ECCN. 

This rule revises the introductory text 

in §§ 746.5 and 746.10 and makes a 

conforming change to § 746.8 to clarify 

how exporters should treat items that 

are controlled to Russia or Belarus by 

more than one section of the EAR. 

Specifically, in §§ 746.5 and 746.10, this 

rule revises paragraph (a) introductory 

text to establish an order of review for 

purposes of the license requirements, 

license exceptions, and license review 

policies that apply to any item that is 

both classified in an Export Control 

Classification Number (ECCN) on the 

Commerce Control List (CCL) in 

supplement no. 1 to part 774, and 

identified in supplement no. 4, 5, or 6 

to part 746. BIS has imposed export 

controls on Russia and Belarus under 

three different sections of the EAR, 

sometimes using different classification 

methods. Under § 746.5, BIS largely 

imposes controls on Russia using HTS– 

6 code (see supplement no. 4 to part 746 

of the EAR) or description (see 

supplement no. 6 to part 746 of the 

EAR). Under § 746.10, BIS imposes 

controls on Russia using HTS–6 codes 

(see supplement no. 5 to part 746 of the 

EAR). However, under § 746.8, BIS 

largely imposes controls using ECCNs. 


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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 4807 

Since nearly all items classified under 

ECCNs also can be classified under, for 

example, an HTS–6 code, there are some 

instances when an item may require a 

license under § 746.8 of the EAR, and 

under one of the other sections that 

imposes controls on Russia and Belarus. 

In § 746.5, this rule adds two 

sentences to the end of the paragraph (a) 

introductory text to clarify two points. 

First, that a license is not required 

under § 746.5(a)(1)(ii) or (iii) for any 

item that is listed in supplement no. 4 

or 6 and classified in an ECCN. Second, 

that exporters, reexporters, and 

transferors should consult § 746.8 for 

license requirements, license 

exceptions, and license review policies 

that apply to items classified under 

ECCNs. In this way, this amendment 

clarifies that controls in § 746.8 should 

be reviewed before controls in § 746.5. 

However, this rule does not make any 

changes to § 746.5(a)(1)(i), which 

imposes end-use specific controls on 

items described in supplement no. 2 to 

part 746. This is because that 

provision’s end-use control applies 

more broadly than the destination scope 

in § 746.8, and that control continues to 

apply even for items listed in 

supplement no. 2 to part 746 and 

classified in an ECCN. For the same 

reason, in § 746.10, this rule revises the 

paragraph (a) introductory text to clarify 

two similar points as in § 746.5. First, 

that for purposes of § 746.10(a)(1), this 

rule specifies that a license is not 

required for any item that is listed in 

supplement no. 5 and classified in an 

ECCN. Second, this rule adds a sentence 

to direct exporters, reexporters, and 

transferors to see § 746.8 for license 

requirements, license exceptions, and 

license review policies for exports, 

reexports, and transfers to or within 

Russia or Belarus for items classified 

under ECCNs. This rule does not 

exclude any item that is listed in 

supplement no. 5 and is classified in an 

ECCN from the scope of the license 

requirements under § 746.10(a)(2) 

because this is a worldwide end-user 

license requirement, which has a much 

broader destination scope than § 746.8. 

Because of the narrowed scope of the 

ECCN controls under § 746.10, this rule 

removes the exclusion from the 

paragraph (a) introductory text for 

ECCNs 5A991, 5A992.c, and 5D992.c 

because it is no longer needed. 

In § 746.8, this rule adds a sentence to 

the end of the paragraph (a) 

introductory text to specify that this 

section is used for determining license 

requirements for exports, reexports, and 

transfers to or within Russia or Belarus 

of any item that is listed in supplement 

nos. 4 through 6 and is classified in an 

ECCN. This rule also adds a second 

sentence to direct exporters, reexporters, 

and transferors to see §§ 746.5 and 

746.10 for license requirements, license 

review policies, and license exceptions 

for exports, reexports, and transfers (incountry) to or within Russia or Belarus 

of any EAR99-designated item that is 

also listed in supplement nos. 4 through 

6, and to also consult the end-use and 

end-user controls under part 744 of the 

EAR. This rule adds a third sentence to 

specify that this ECCN exclusion from 

the scope of the license requirements in 

§§ 746.5 and 746.10 is not applicable to 

the end-use license requirements 

imposed under § 746.5(a)(1)(i) or the 

end-user license requirements imposed 

under § 746.10(a)(2). 

4. Clarification that fasteners are 

excluded from the scope of supplement 

nos. 2, 4, 5, and 7, but are subject to the 

license requirements under § 744.21 for 

Russia and Belarus, as well as any other 

part 744 license requirement that 

applies to all items subject to the EAR. 

Supplement nos. 2, 4, 5, and 7 to part 

746 include text that specifies that items 

described in each of these supplements 

include any modified or designed 

‘‘components,’’ ‘‘parts,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ therefor regardless of 

the HTS Code or HTS Description of the 

‘‘components,’’ ‘‘parts,’’ ‘‘accessories,’’ 

and ‘‘attachments,’’ apart from any 

‘‘part’’ or minor ‘‘component’’ that is a 

fastener (e.g., screw, bolt, nut, nut plate, 

stud, insert, clip, rivet, pin), washer, 

spacer, insulator, grommet, bushing, 

spring, wire, or solder. BIS has received 

questions from the public asking for 

confirmation whether a fastener (e.g., 

screw, bolt, nut, nut plate, stud, insert, 

clip, rivet, pin), washer, spacer, 

insulator, grommet, bushing, spring, 

wire, or solder, which are excluded 

from the scope of these three 

supplements and the license 

requirements under the respective 

§§ 746.5, 746.8, and 746.10, could 

therefore be exported, reexported, or 

transferred (in-country) to a Russian or 

Belarusian ‘‘military end user’’ or for a 

Russian or Belarusian ‘‘military end 

use.’’ A license would be required for 

such an export, reexport, or transfer (incountry) under § 744.21 (Restrictions on 

certain ‘military end uses’ or ‘military 

end users’). In addition to clarifying this 

response to these questions, this rule 

revises the introductory text of 

supplement nos. 2, 4, and 5 to add two 

sentences to specify that although these 

fasteners (e.g., screws, bolts, nuts, nut 

plates, studs, inserts, clips, rivets, pins, 

washers, spacers, insulators, grommets, 

bushing, springs, wires, and solders) are 

excluded from the scope of these 

respective supplements, the exporter, 

reexporter, or transferor must also 

review part 744 for the license 

requirements for Russia and Belarus that 

extend to all items ‘‘subject to the EAR.’’ 

5. Harmonization of License 

Exceptions available under §§ 746.5, 

746.8 and 746.10, except as limited in 

the introductory text of the respective 

paragraph (c) paragraphs. 

In §§ 746.5, 746.8, and 746.10, this 

rule revises paragraph (c) (License 

exceptions) for each of these three 

sections to adopt a common set of 

license exceptions that are available for 

the Russia and Belarus controls being 

implemented under part 746 of the EAR. 

In order to use any EAR License 

Exception, the export, reexport, or 

transfer (in-country) must not be 

otherwise restricted under § 740.2 and 

must meet all of the applicable terms 

and conditions of the referenced license 

exception. Because of the differences in 

scope between supplement nos. 2, 4, 5, 

and 6, as well as some of the differences 

referenced in §§ 746.5, 746.8, and 

746.10, BIS has not allowed license 

exceptions for all Russia controls 

equally. In general, there have been 

good reasons for this; for example, there 

is no reason to add a license exception 

for a CCL item in a section of the EAR 

that does not apply to CCL items. 

However, BIS has found that in some 

cases, this approach to license exception 

eligibility has caused confusion, such as 

when a particular item is controlled 

under multiple provisions, only one of 

which is eligible for a particular license 

exception. This rule adopts a common 

set of license exceptions for all three 

sections. BIS notes that the change 

described under section B.3 of this rule 

(i.e., on order of review) will also likely 

reduce issues related to the inconsistent 

language in Russia-related sections of 

part 746 significantly, but to ensure the 

issue is addressed as fully as possible, 

this rule also adopts this common list of 

EAR License Exceptions that will be 

available under these three sections. 

This rules also places the License 

Exceptions in numerical order for ease 

of reference under each of the paragraph 

(c) references. This rule does not adopt 

a common set of License Exceptions for 

§ 746.6 (on the Temporarily occupied 

Crimea region of Ukraine and covered 

regions of Ukraine) and does not expand 

the scope of license exceptions available 

to overcome the end-user license 

requirements under § 746.10(a)(2) 

because changes are not warranted for 

those sections. For ease of reference, BIS 

has set out a short table below with the 

License Exceptions in one column and 

then three additional columns for 

§§ 746.5, 746.8, and 746.10 indicating 

the availability of each License 


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4808 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 

Exception. For the column entries that 

indicate ‘‘Available’’ that section 

included this license exception 

eligibility prior to this rule. For any 

column that indicates ‘‘Eligibility 

added,’’ this rule is adding EAR License 

Exception eligibility for that respective 

section. 

Table for Comparison of License 

Exception Eligibility Prior to This Rule 

and New License Exception Eligibility 

Added by This Rule 

BIS cautions exporters, reexporters, 

and transferors that a license exception 

or portion of a license exception that is 

referenced as being available under 

§§ 746.5, 746.8, and 746.10 is only the 

first step in determining whether the 

referenced EAR license exception or 

portion of such license exception may 

actually be used. The exporter, 

reexporter, or transferor must then 

review § 740.2 to confirm that none of 

the general restrictions on the use of 

EAR License Exceptions apply, followed 

by a review to determine whether the 

contemplated transaction meets all of 

the applicable terms and conditions of 

the referenced license exception. 

License exceptions § 746.5 § 746.8 § 746.10 

License Exception temporary exports and reexports (TMP) 

for items for use by the news media as set forth in 

§ 740.9(a)(9) of the EAR.

Eligibility added ..... Available ................ Eligibility added. 

License Exception governments and international organizations (GOV) (§ 740.11(b)).Available ................ Available ................ Eligibility added. 

License Exception software updates (TSU) for software updates for civil end-users that are wholly-owned U.S. subsidiaries, branches, or sales offices, foreign subsidiaries, 

branches, or sales offices of U.S. companies that are 

joint ventures with other U.S. and companies, joint ventures of U.S. companies with companies headquartered 

in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR countries, the whollyowned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 

and A:6 in supplement no. 1 to part 740, or joint ventures of companies headquartered in Country Group A:5 

and A:6 with other companies headquartered in Country 

Groups A:5 and A:6 (§ 740.13(c) of the EAR).

Eligibility added ..... Available ................ Eligibility added. 

License Exception baggage (BAG), excluding firearms and 

ammunition (§ 740.14, excluding paragraph (e), of the 

EAR).

Eligibility added ..... Available ................ Available. 

License Exception aircraft, vessels and spacecraft (AVS), 

excluding any aircraft registered in, owned or controlled 

by, or under charter or lease by Russia or Belarus or a 

national of Russia or Belarus (§ 740.15(a) and (b) of the 

EAR).

Available ................ Available ................ Eligibility added. 

Note: A narrower subset of License 

Exception AVS was previously referenced, but for conformity with the 

other two sections this rule adopts 

the same License Exception AVS 

eligibility. 

License Exception encryption commodities, software, and 

technology (ENC) for civil end-users that are whollyowned U.S. subsidiaries, branches, or sales offices, foreign subsidiaries, branches, or sales offices of U.S. companies that are joint ventures with other U.S. companies, 

joint ventures of U.S. companies with companies 

headquartered in countries from Country Group A:5 and 

A:6 in supplement no. 1 to part 740 of the EAR countries, the wholly-owned subsidiaries, branches, or sales 

offices of companies headquartered in countries from 

Country Group A:5 and A:6 in supplement no. 1 to part 

740, or joint ventures of companies headquartered in 

Country Group A:5 and A:6 with other companies 

headquartered in Country Groups A:5 and A:6 

(§§ 740.13(c) and 740.17 of the EAR).

Eligibility added ..... Available ................ Eligibility added. 

License Exception commodities and software authorized 

under License Exception consumer communications devices (CCD) (§ 740.19 of the EAR).

Available ................ Available ................ Available. 

6. Clarification that ‘‘medicines’’ are 

excluded from the scope of supplement 

no. 6 to part 746. 

In supplement no. 6 to part 746 

(Russian and Belarusian Industry Sector 

Sanctions Pursuant to § 746.5(a)(1)(iii)), 

this rule adds one sentence to the end 

of the introductory text to the 

supplement to specify that this 

supplement does not include any item 

that meets the definition of ‘‘medicine’’ 

in § 772.1 of the EAR. Under the EAR, 

including Russia and Belarus sanctions, 

‘‘medicines’’ means a ‘‘drug’’ as defined 

in section 201 of the Federal Food, Drug 

and Cosmetic Act (21 U.S.C. 321). For 

purposes of the EAR, medicine includes 

EAR99 prescription and over the 

counter medicines for humans and 

animals. This rule specifies here that 

certain medicines, such as certain 

vaccines and immunotoxins, are on the 

Commerce Control List and are not 

affected by this change. 

7. Conforming change to adopt caseby-case license review policy for 

applications related to safety of flight 

under §§ 746.5 and 746.10 to conform 

with § 746.8. 


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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 4809 

This rule also makes a conforming 

change to the licensing policy in 

§§ 746.5(b)(2) and 746.10(b) to add 

applications related to safety of flight to 

the case-by-case license review policy 

under these two sections for consistency 

with the licensing policy in § 746.8(b). 

This conforming change is made 

because certain EAR99 items used in 

aircraft that may be related to safety of 

flight are identified in supplement nos. 

4 and 5 and license applications for 

these items should be reviewed 

consistently with the license review 

policy in § 746.8. Specifically, in 

§ 746.5, this rule adds a new paragraph 

(b)(2)(i) to add applications related to 

safety of flight to the case-by-case 

license review policy and redesignates 

existing paragraphs (b)(2)(i) through (v) 

as paragraphs (b)(2)(ii) through (vi), 

respectively. In § 746.10, this rule 

revises paragraph (b) (Licensing policy) 

to add a new paragraph (b)(1) 

(Presumption of denial) and adds a new 

paragraph (b)(2) (Case-by-case) to 

specify the license applications that will 

be reviewed under a case-by-case 

licensing policy. This rule adds a new 

paragraph (b)(2)(i) for the case-by-case 

licensing policy for applications related 

to safety of flight and adds new 

paragraphs (b)(2)(ii) and (iii) for the 

previous case-by-case licensing policies 

that already applied under paragraph (b) 

of § 746.10. 

BIS reminds applicants that BIS and 

the other license review agencies have 

used a narrow and restrictive 

interpretation of what items would 

qualify for the ‘‘related to safety of 

flight’’ category set forth in 

§ 746.8(b)(2)(i). When BIS originally 

added the case-by-case license review 

policy to § 746.8(b), BIS provided 

guidance as part of BIS’s outreach on 

the Russia sanctions, such as at BIS 

conferences and outreach seminars, to 

clarify that falling within this safety of 

flight-related category would have to 

satisfy a strict standard and would not 

apply broadly to all items used on an 

aircraft, but only to those items without 

which an aircraft would be unable to be 

safely operated. BIS does not intend that 

this category apply to aircraft that are in 

‘‘production,’’ only those that require 

safety-critical items in an emergency. 

Since that time, BIS has consistently 

maintained this position in its review of 

applications as well as in outreach 

efforts. 

8. Clarification that the import 

restriction on the temporary import of 

firearms from Ukraine does not apply to 

firearms that were previously exported, 

reexported, or transferred (in-country) 

under a BIS license that are being 

temporarily returned for repair and 

servicing. 

BIS has authorized under BIS licenses 

the export and reexport to Ukraine of 

various firearms subject to the EAR 

since the Russian invasion of Ukraine. 

BIS has received questions from the 

public on whether it would be 

permissible to temporarily return those 

firearms to the United States for repair 

and servicing and to subsequently 

return those firearms under License 

Exception Replacement of Parts and 

Equipment (RPL) (§ 740.10(b)) or under 

a new BIS license if the capabilities of 

the firearms were changed as a result of 

such repair and servicing. BIS will be 

updating the ‘‘Exports of Firearms and 

Related Items FAQs’’ on the BIS website 

at https://www.bis.doc.gov/index.php/ 

documents/policy-guidance/2572-faqsfor-the-commerce-category-i-iiifirearms-rule-posted-on-bis-website-7-7- 

20/file to address this question. Because 

of the importance of the answer to this 

question for Ukraine’s continued ability 

to receive these items as part of its 

defense against Russia’s war of 

aggression, and to inform as many 

exporters, reexporters, and transferors 

(in-country) as possible, BIS is also 

publishing this new firearms frequently 

asked question (FAQ) in the preamble of 

this rule. U.S. origin firearms originally 

provided to Ukraine pursuant to a BIS 

license may be temporarily imported 

pursuant to the EAR for repair or for 

replacement under License Exception 

RPL (15 CFR 740.10(b)(4)(i)) for return 

to Ukraine for use in its defense against 

Russia’s war of aggression, because such 

activity is consistent with the EAR and 

U.S. foreign policy. 

Q: My company exported 500 firearms 

classified under ECCN 0A501.a under a 

BIS license to Ukraine in 2022. These 

rifles are not specified under Annex A 

in supplement no. 4 to part 740. At this 

time, the consignee in Ukraine needs to 

temporarily return 50 of the rifles that 

they received under a BIS license to my 

company in the United States for repair 

and servicing. I have reviewed the 

general restrictions under 15 CFR 740.2 

and the applicable terms and conditions 

under License Exception RPL under 15 

CFR 740.10(b) and believe the export 

would meet the terms of using License 

Exception RPL, except I have a question 

on the applicability of the restriction 

under 15 CFR 740.10(b)(4)(i) that 

specifies that ‘‘[t]he firearms were not 

shipped from or manufactured in 

Russia, Georgia, Kazakhstan, 

Kyrgyzstan, Moldova, Turkmenistan, 

Ukraine, or Uzbekistan, except for any 

firearm model controlled by 0A501 that 

is specified under Annex A in 

Supplement No. 4 to this part.’’ Does 

this restriction apply for temporarily 

importing firearms from Ukraine that 

were received in Ukraine under a BIS 

license or other U.S. Government 

authorization that will subsequently be 

authorized under License Exception 

RPL? Can you also confirm whether 

your answer to this License Exception 

RPL question would also apply to the 

same restriction that is also found under 

15 CFR 740.9(b)(5)(ii) for exports of 

firearms and certain shotguns 

temporarily in the United States and in 

supplement no. 2 to part 748, paragraph 

(z) certification requirement for exports 

of firearms and certain shotguns 

temporarily in the United States? 

A: The restrictions under 15 CFR 

740.10(b)(4)(i) and 740.9(b)(5)(ii) and 

the certification requirement for BIS 

licenses under supplement no. 2 to part 

748, paragraph (z) do not apply to 

temporary imports into the U.S. of any 

firearm that is subject to the EAR that 

was exported, reexported to, or 

transferred within Ukraine under a BIS 

authorization or a Department of State 

authorization under the 22 CFR 120.5(b) 

process. 

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 (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 January 23, 2024, 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), provided the 

export, reexport, or transfer (in-country) 

is completed no later than on February 

22, 2024. 

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. 4801–4852). ECRA provides the 

legal basis for BIS’s principal authorities 

and serves as the authority under which 

BIS issues this rule. To the extent it 

applies to certain activities that are the 

subject of this rule, the Trade Sanctions 

Reform and Export Enhancement Act of 

2000 (TSRA) (codified, as amended, at 

22 U.S.C. 7201–7211) also serves as 

authority for this rule. 


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4810 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 

Rulemaking Requirements 

1. BIS has examined the impact of this 

rule as required by Executive Orders 

12866, 13563, and 14094, which 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, distributive 

impacts, and equity). This final 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, 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 29.4 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. 

BIS estimates that these new controls 

on Russia, Belarus, and Iran under the 

EAR will result in an increase of 35 

license applications submitted annually 

to BIS. However, the additional burden 

falls within the existing estimates 

currently associated with these control 

numbers. Additional information 

regarding these collections of 

information—including all background 

materials—can be found at https://

www.reginfo.gov/public/do/PRAMain by 

using the search function to enter either 

the title of the collection or the OMB 

Control Number. 

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 (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 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 734 and 746 of the 

Export Administration Regulations (15 

CFR parts 730 through 774) are 

amended as follows: 

PART 734—SCOPE OF THE EXPORT 

ADMINISTRATION REGULATIONS 

■ 1. The authority citation for 15 CFR 

part 734 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. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp., p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 

223; Notice of November 8, 2022, 87 FR 

68015, 3 CFR, 2022 Comp., p. 563. 

■ 2. Section 734.4 is amended by 

revising paragraph (a)(6)(ii) to read as 

follows: 

§ 734.4 De minimis U.S. content. 

(a) * * * 

(6) * * * 

(ii) There is no de minimis level for 

foreign-made items that incorporate 

U.S.-origin 9x515 or ‘‘600 series’’ .y 

items when destined for a country listed 

in Country Group E:1 or E:2 of 

supplement no. 1 to part 740 of the EAR 

or for Belarus, the People’s Republic of 

China (PRC), or Russia. 

* * * * * 

■ 3. Supplement no. 2 to part 734 is 

amended by revising the third sentence 

of paragraph (a)(1) to read as follows: 

Supplement No. 2 to Part 734— 

Guidelines for De Minimis Rules 

(a) * * * 

(1) * * * For purposes of identifying 

U.S.-origin controlled content, you 

should consult the Commerce Country 

Chart in supplement no. 1 to part 738 

of the EAR and controls described in 

part 746 of the EAR (excluding U.S.- 

origin content that meets the criteria in 

§ 746.5(a)(3), § 746.7(a)(1)(v), 

§ 746.8(a)(5), or § 746.10(a)(3)). * * * 

* * * * * 

PART 746—EMBARGOES AND OTHER 

SPECIAL CONTROLS 

■ 4. 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 810, 2023, 88 FR 30211 (May 10, 2023). 

■ 5. Section 746.5 is amended by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Redesignating paragraphs (b)(2)(i) 

through (v) as paragraphs (b)(2)(ii) 

through (vi), respectively; 

■ c. Adding a new paragraph (b)(2)(i); 

and 

■ d. Revising paragraph (c). 

The revisions and addition read as 

follows: 

§ 746.5 Russian and Belarusian industry 

sector sanctions. 

(a) License requirements. For 

purposes of paragraphs (a)(1)(i) through 

(iii) of this section, a license is not 

required for deemed exports and 

deemed reexports. For purposes of 

paragraphs (a)(1)(ii) and (iii) of this 

section, a license is not required for any 

item that is listed in supplement no. 4 

or 6 to this part that is also classified in 

an Export Control Classification Number 

(ECCN) on the Commerce Control List 

(CCL) in supplement no. 1 to part 774 

of the EAR. See § 746.8 for license 

requirements, license exceptions, and 

license review policies for exports, 

reexports, and transfers to or within 

Russia or Belarus for items classified in 

ECCNs. 

* * * * * 

(b) * * * 

(2) * * * 


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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 4811 

(i) Applications related to safety of 

flight; 

* * * * * 

(c) License exceptions. No license 

exceptions may overcome the license 

requirements set forth in this section, 

except the license exceptions identified 

in paragraphs (c)(2) and (7) of this 

section. 

(1) License Exception TMP for items 

for use by the news media as set forth 

in § 740.9(a)(9) of the EAR. 

(2) License Exception GOV 

(§ 740.11(b) of the EAR). 

(3) License Exception TSU for 

software updates for civil end-users that 

are wholly-owned U.S. subsidiaries, 

branches, or sales offices, foreign 

subsidiaries, branches, or sales offices of 

U.S. companies that are joint ventures 

with other U.S. and companies, joint 

ventures of U.S. companies with 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740 of the EAR 

countries, the wholly-owned 

subsidiaries, branches, or sales offices of 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740, or joint 

ventures of companies headquartered in 

Country Group A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6 (§ 740.13(c) of the 

EAR). 

(4) License Exception BAG, excluding 

firearms and ammunition (§ 740.14, 

excluding paragraph (e), of the EAR). 

(5) License Exception AVS, excluding 

any aircraft registered in, owned or 

controlled by, or under charter or lease 

by Russia or Belarus or a national of 

Russia or Belarus (§ 740.15(a) and (b) of 

the EAR). 

(6) License Exception encryption 

commodities, software, and technology 

(ENC) for civil end-users that are 

wholly-owned U.S. subsidiaries, 

branches, or sales offices, foreign 

subsidiaries, branches, or sales offices of 

U.S. companies that are joint ventures 

with other U.S. companies, joint 

ventures of U.S. companies with 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740 of the EAR 

countries, the wholly-owned 

subsidiaries, branches, or sales offices of 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740, or joint 

ventures of companies headquartered in 

Country Group A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6 (§§ 740.13(c) and 

740.17 of the EAR). 

(7) License Exception CCD (§ 740.19 

of the EAR). 

■ 6. Section 746.6 is amended by adding 

paragraph (a)(5) to read as follows: 

§ 746.6 Temporarily occupied Crimea 

region of Ukraine and covered regions of 

Ukraine. 

(a) * * * 

(5) Exclusion for deployments by the 

Government of Ukraine to or within the 

temporarily occupied Crimea region of 

Ukraine or covered regions of Ukraine. 

The license requirements of paragraph 

(a) of this section do not apply to 

exports, reexports, and transfers (in 

country) used in or for deployments by 

the Government of Ukraine to or within 

the temporarily occupied Crimea region 

of Ukraine or covered regions of 

Ukraine. 

* * * * * 

■ 7. Section 746.8 is amended by: 

■ a. Adding three sentences to the end 

of paragraph (a) introductory text; and 

■ b. Revising paragraph (c). 

The additions and revision read as 

follows: 

§ 746.8 Sanctions against Russia and 

Belarus. 

(a) * * * This section is also used for 

determining license requirements for 

exports, reexports, and transfers to or 

within Russia or Belarus of any item 

that is listed in supplement nos. 4 

through 6 to this part and is classified 

in an Export Control Classification 

Number (ECCN) on the Commerce 

Control List (CCL) in supplement no. 1 

to part 774 of the EAR. See §§ 746.5 and 

746.10 for license requirements, license 

review policies, and license exceptions 

for exports, reexports, and transfers (incountry) to or within Russia or Belarus 

of any EAR99-designated item that is 

also listed in supplement nos. 4 through 

6 and the end-use and end-user controls 

under part 744 of the EAR. This ECCN 

exclusion from the scope of the license 

requirements from §§ 746.5 and 746.10 

is not applicable to the end-use license 

requirements imposed under 

§ 746.5(a)(1)(i) or the end-user license 

requirements imposed under 

§ 746.10(a)(2). 

* * * * * 

(c) License exceptions. No license 

exceptions may overcome the license 

requirements in paragraph (a)(3) of this 

section, except as specified in the Entity 

List entry for a Footnote 3 entity on the 

Entity List in supplement no. 4 to part 

744 of the EAR. No license exceptions 

may overcome the license requirements 

in paragraphs (a)(1) and (2) of this 

section except the license exceptions 

identified in paragraphs (c)(1) through 

(7) of this section. 

(1) License Exception TMP for items 

for use by the news media as set forth 

in § 740.9(a)(9) of the EAR. 

(2) License Exception GOV 

(§ 740.11(b) of the EAR). 

(3) License Exception TSU for 

software updates for civil end-users that 

are wholly-owned U.S. subsidiaries, 

branches, or sales offices, foreign 

subsidiaries, branches, or sales offices of 

U.S. companies that are joint ventures 

with other U.S. and companies, joint 

ventures of U.S. companies with 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740 of the EAR 

countries, the wholly-owned 

subsidiaries, branches, or sales offices of 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740, or joint 

ventures of companies headquartered in 

Country Group A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6 (§ 740.13(c) of the 

EAR). 

(4) License Exception BAG, excluding 

firearms and ammunition (§ 740.14, 

excluding paragraph (e), of the EAR). 

(5) License Exception AVS, excluding 

any aircraft registered in, owned or 

controlled by, or under charter or lease 

by Russia or Belarus or a national of 

Russia or Belarus (§ 740.15(a) and (b) of 

the EAR). 

(6) License Exception ENC for civil 

end-users that are wholly-owned U.S. 

subsidiaries, branches, or sales offices, 

foreign subsidiaries, branches, or sales 

offices of U.S. companies that are joint 

ventures with other U.S. companies, 

joint ventures of U.S. companies with 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740 of the EAR 

countries, the wholly-owned 

subsidiaries, branches, or sales offices of 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740, or joint 

ventures of companies headquartered in 

Country Group A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6 (§§ 740.13(c) and 

740.17 of the EAR). 

(7) License Exception CCD (§ 740.19 

of the EAR). 

■ 8. Section 746.10 is amended by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Adding paragraph (a)(3); and 

■ c. Revising paragraphs (b) and (c). 

The revisions and additions read as 

follows: 


khammond on DSKJM1Z7X2PROD with RULES
4812 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 

§ 746.10 ‘Luxury goods’ sanctions against 

Russia and Belarus and Russian and 

Belarusian oligarchs and malign actors. 

(a) License requirements. For 

purposes of paragraph (a)(1) of this 

section, a license is not required for any 

item that is listed in supplement no. 5 

to this part that is also classified in an 

Export Control Classification Number 

(ECCN) on the Commerce Control List 

(CCL) in supplement no. 1 to part 774 

of the EAR. See § 746.8 for license 

requirements, license exceptions, and 

license review policies for exports, 

reexports, and transfers to or within 

Russia or Belarus for items classified in 

ECCNs. 

* * * * * 

(3) Exclusion from scope of U.S.- 

origin controlled content under 

paragraphs (a)(1) and (2) of this section. 

For purposes of determining U.S.-origin 

controlled content under supplement 

no. 2 to part 734 of the EAR when 

making a de minimis calculation for 

reexports and exports from abroad to 

Russia or Belarus, the license 

requirements in paragraphs (a)(1) and 

(2) of this section are not used to 

determine controlled U.S.-origin content 

in a foreign-made item, provided the 

criteria in paragraphs (a)(3)(i) and (ii) of 

this section are met: 

(i) The U.S.-origin content is 

described in supplement no. 5 to this 

part and is not otherwise excluded from 

the applicable Scope column in 

supplement no. 3 to this part; and 

(ii) The foreign made item will be 

reexported or exported from abroad 

from a country described in supplement 

no. 3 to this part. 

* * * * * 

(b) Licensing policy—(1) Presumption 

of denial. Applications for the export, 

reexport, or transfer (in-country) of any 

item that requires a license for pursuant 

to the requirements of this section will 

be reviewed with a policy of denial, 

except as specified in paragraph (b)(2) of 

this section. 

(2) Case-by-case. The following types 

of license applications will be reviewed 

on a case-by-case basis to determine 

whether the transaction in question 

would benefit the Russian or Belarusian 

Government or defense sector: 

(i) Applications related to safety of 

flight; 

(ii) Applications involving items to 

meet humanitarian needs. The case-bycase license application review policy 

for items to meet humanitarian needs is 

included to address certain ‘luxury 

goods’ items that may be used in 

medical devices or situations in which 

a case-by-case analysis is needed to 

determine whether a license application 

should be approved to meet 

humanitarian needs while also taking 

into account the applicable broader U.S. 

national security and foreign policy 

concerns; and 

(iii) Applications for the disposition 

of items by companies not 

headquartered in Country Group D:1, 

D:5, E:1 or E:2 in supplement no. 1 to 

part 740 of the EAR that are curtailing 

or closing all operations in Russia or 

Belarus; and replacement licenses for 

exports and reexports to and transfers 

within Russia and Belarus to add items 

described in Harmonized Tariff 

Schedule (HTS)-6 Codes that were 

added to the EAR after the effective 

validation date of the BIS license. See 

also § 750.7(c)(1)(xi) of the EAR for the 

divesture of items within Russia or 

Belarus or the transfer of items within 

Russia or Belarus for the purpose of 

reexporting from Russia or Belarus. For 

purposes of § 750.7(c)(1)(xi), divesture 

means the action or process of selling 

off subsidiary business interests or 

investments involving items subject to 

the EAR. 

(c) License exceptions. No license 

exceptions may overcome the license 

requirements in paragraph (a)(1) of this 

section except the license exceptions 

identified in paragraphs (c)(1) through 

(3) of this section. No license exceptions 

may overcome the license requirements 

in paragraph (a)(2) of this section. 

(1) License Exception TMP for items 

for use by the news media as set forth 

in § 740.9(a)(9) of the EAR. 

(2) License Exception GOV 

(§ 740.11(b) of the EAR). 

(3) License Exception TSU for 

software updates for civil end-users that 

are wholly-owned U.S. subsidiaries, 

branches, or sales offices, foreign 

subsidiaries, branches, or sales offices of 

U.S. companies that are joint ventures 

with other U.S. and companies, joint 

ventures of U.S. companies with 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740 of the EAR 

countries, the wholly-owned 

subsidiaries, branches, or sales offices of 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740, or joint 

ventures of companies headquartered in 

Country Group A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6 (§ 740.13(c) of the 

EAR). 

(4) License Exception BAG, excluding 

firearms and ammunition (§ 740.14, 

excluding paragraph (e), of the EAR). 

(5) License Exception AVS, excluding 

any aircraft registered in, owned or 

controlled by, or under charter or lease 

by Russia or Belarus or a national of 

Russia or Belarus (§ 740.15(a) and (b) of 

the EAR). 

(6) License Exception ENC for civil 

end-users that are wholly-owned U.S. 

subsidiaries, branches, or sales offices, 

foreign subsidiaries, branches, or sales 

offices of U.S. companies that are joint 

ventures with other U.S. companies, 

joint ventures of U.S. companies with 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740 of the EAR 

countries, the wholly-owned 

subsidiaries, branches, or sales offices of 

companies headquartered in countries 

from Country Group A:5 and A:6 in 

supplement no. 1 to part 740, or joint 

ventures of companies headquartered in 

Country Group A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6 (§§ 740.13(c) and 

740.17 of the EAR). 

(7) License Exception CCD (§ 740.19 

of the EAR). 

■ 9. Supplement no. 2 to part 746 is 

amended by adding a sentence 

following the second sentence of 

paragraph (a) to read as follows: 

Supplement No. 2 to Part 746—Russian 

and Belarusian Industry Sector 

Sanction List Pursuant to 

§ 746.5(a)(1)(i) 

(a) * * * Although fasteners (e.g., 

screws, bolts, nuts, nut plates, studs, 

inserts, clips, rivets, pins), washers, 

spacers, insulator, grommets, bushings, 

springs, wires, and solders are excluded 

from the scope of this supplement, see 

part 744 of the EAR for license 

requirements for Russia and Belarus that 

extend to all items ‘‘subject to the EAR,’’ 

e.g., § 744.21 of the EAR and the Entity 

List license requirements, which in 

most cases extend to all items ‘‘subject 

to the EAR.’’ * * * 

* * * * * 

■ 10. Supplement no. 4 to part 746 is 

amended by: 

■ a. Adding a sentence following the 

second sentence of paragraph (a); and 

■ b. Adding in numerical order the 

following entries to the table: ‘‘270111,’’ 

‘‘270112,’’ ‘‘270119,’’ ‘‘270120,’’ 

‘‘270210,’’ ‘‘270220,’’ ‘‘270300,’’ 

‘‘270400,’’ ‘‘270720,’’ ‘‘270730,’’ 

‘‘270820,’’ ‘‘271019,’’ ‘‘271210,’’ 

‘‘271290,’’ ‘‘271500,’’ ‘‘280110,’’ 

‘‘280200,’’ ‘‘280410,’’ ‘‘280430,’’ 

‘‘280461,’’ ‘‘280470,’’ ‘‘280480,’’ 

‘‘280511,’’ ‘‘280610,’’ ‘‘280620,’’ 

‘‘281111,’’ ‘‘281129,’’ ‘‘281310,’’ 

‘‘281410,’’ ‘‘281420,’’ ‘‘281512,’’ 

‘‘281830,’’ ‘‘281990,’’ ‘‘282010,’’ 

‘‘282731,’’ ‘‘282732,’’ ‘‘282735,’’ 

‘‘282751,’’ ‘‘282890,’’ ‘‘282990,’’ 

‘‘283220,’’ ‘‘283324,’’ ‘‘283330,’’ 

‘‘283410,’’ ‘‘283630,’’ ‘‘283650,’’ 


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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 4813 

‘‘283990,’’ ‘‘284030,’’ ‘‘284150,’’ 

‘‘284180,’’ ‘‘284310,’’ ‘‘284329,’’ 

‘‘284330,’’ ‘‘284910,’’ ‘‘320611,’’ 

‘‘391220,’’ ‘‘401699,’’ ‘‘540249,’’ 

‘‘591190,’’ ‘‘680520,’’ ‘‘681299,’’ 

‘‘690919,’’ ‘‘701990,’’ ‘‘811241,’’ 

‘‘811249,’’ ‘‘820411,’’ ‘‘820559,’’ 

‘‘820790,’’ ‘‘880100,’’ ‘‘880211,’’ 

‘‘880212,’’ ‘‘880220,’’ ‘‘880230,’’ 

‘‘880240,’’ ‘‘880260,’’ ‘‘880400,’’ 

‘‘880510,’’ ‘‘880521,’’ ‘‘880529,’’ 

‘‘880610,’’ ‘‘880621,’’ ‘‘880622,’’ 

‘‘880623,’’ ‘‘880624,’’ ‘‘880629,’’ 

‘‘880691,’’ ‘‘880692,’’ ‘‘880693,’’ 

‘‘880694,’’ ‘‘880699,’’ ‘‘880710,’’ 

‘‘880720,’’ ‘‘880730,’’ and ‘‘880790’’. 

The additions read as follows: 

Supplement No. 4 to Part 746—Russian 

and Belarusian Industry Sector 

Sanctions Pursuant to § 746.5(a)(1)(ii) 

(a) * * * Although fasteners (e.g., 

screws, bolts, nuts, nut plates, studs, 

inserts, clips, rivets, pins), washers, 

spacers, insulators, grommets, bushings, 

springs, wires, and solders are excluded 

from the scope of this supplement, see 

part 744 of the EAR for license 

requirements for Russia and Belarus that 

extend to all items ‘‘subject to the EAR,’’ 

e.g., § 744.21 of the EAR and the Entity 

List license requirements, which in 

most cases extend to all items ‘‘subject 

to the EAR.’’ * * * 

* * * * * 

HTS–6 code HTS description 

*******

270111 ............ ANTHRACITE COAL, WHETHER OR NOT PULVERIZED, BUT NOT AGGLOMERATED. 

270112 ............ BITUMINOUS COAL, WHETHER OR NOT PULVERIZED, BUT NOT AGGLOMERATED. 

270119 ............ COAL, OTHER THAN ANTHRACITE OR BITUMINOUS, WHETHER OR NOT PULVERIZED, BUT NOT AGGLOMERATED. 

270120 ............ BRIQUETTES, OVOIDS AND SIMILAR SOLID FUELS FROM COAL. 

270210 ............ LIGNITE, NOT AGGLOMERATED, EXCLUDING JET. 

270220 ............ AGGLOMERATED LIGNITE, EXCLUDING JET. 

270300 ............ PEAT (INCLUDING PEAT LITTER) WHETHER OR NOT AGGLOMERATED. 

270400 ............ COKE AND SEMICOKE OF COAL, OF LIGNITE OR OF PEAT, WHETHER OR NOT AGGLOMERATED; RETORT CARBON. 

270720 ............ TOLUENE. 

270730 ............ XYLENES. 

270820 ............ PITCH COKE FROM COAL AND OTHER MINERAL TARS. 

271019 ............ PETROLEUM OILS, OILS FROM BITUMINOUS MINERALS (OTHER THAN CRUDE) & PRODUCTS CONTAINING BY 

WEIGHT GT=70% OR MORE OF THESE OILS, NOT BIODIESEL OR WASTE. 

271210 ............ PETROLEUM JELLY. 

271290 ............ MICROCRYSTALLINE PETROLEUM WAX, SLACK WAX, OZOKERITE, LIGNITE WAX, PEAT WAX, OTHER MINERAL 

WAXES, AND SIMILAR PRODUCTS, NESOI. 

271500 ............ BITUMINOUS MIXTURES BASED ON NATURAL ASPHALT, NATURAL BITUMEN, PETROLEUM BITUMEN, MINERAL TAR 

OR MINERAL TAR PITCH. 

280110 ............ CHLORINE. 

280200 ............ SULFUR, SUBLIMED OR PRECIPITATED; COLLODIAL SULFUR. 

280410 ............ HYDROGEN. 

280430 ............ NITROGEN. 

280461 ............ SILICON, CONTAINING BY WEIGHT NOT LESS THAN 99.99% OF SILICON. 

280470 ............ PHOSPHORUS. 

280480 ............ ARSENIC. 

280511 ............ SODIUM. 

280610 ............ HYDROGEN CHLORIDE (HYDROCHLORIC ACID). 

280620 ............ CHLOROSULFURIC ACID. 

281111 ............ HYDROGEN FLUORIDE (HYDROFLUORIC ACID). 

281129 ............ INORGANIC OXYGEN COMPOUNDS OF NONMETALS, NESOI. 

281310 ............ CARBON DISULFIDE. 

281410 ............ ANHYDROUS AMMONIA. 

281420 ............ AMMONIA IN AQUEOUS SOLUTION. 

281512 ............ SODIUM HYDROXIDE (CAUSTIC SODA), IN AQUEOUS SOLUTION (SODA LYE OR LIQUID SODA). 

*******

281830 ............ ALUMINUM HYDROXIDE. 

281990 ............ CHROMIUM OXIDES AND HYDRIDES, EXCEPT CHROMIUM TRIOXIDE, NESOI. 

282010 ............ MANGANESE DIOXIDE. 

*******

282731 ............ MAGNESIUM CHLORIDE. 

282732 ............ ALUMINUM CHLORIDE. 

282735 ............ NICKEL CHLORIDE. 

282751 ............ BROMIDES OF SODIUM OR OF POTASSIUM. 

282890 ............ HYPOCHLORITES, CHLORITES, AND HYPOBROMITES, NESOI. 

*******

282990 ............ PERCHLORATES; BROMATES AND PERBROMATES; IODATES AND PERIODATES. 

283220 ............ SULFITES, EXCEPT SODIUM SULFITES, NESOI. 

283324 ............ NICKEL SULFATE. 

283330 ............ ALUMS. 

283410 ............ NITRITES. 

*******

283630 ............ SODIUM HYDROGENCARBONATE (SODIUM BICARBONATE). 

283650 ............ CALCIUM CARBONATE. 

283990 ............ SILICATES; COMMERCIAL ALKALI METAL SILICATES, NESOI. 


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4814 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 

HTS–6 code HTS description 

284030 ............ PEROXOBORATES (PERBORATES). 

284150 ............ CHROMATES AND DICHROMATES, NESOI; PEROXOCHROMATES. 

284180 ............ TUNGSTATES (WOLFRAMATES). 

284310 ............ COLLOIDAL PRECIOUS METALS. 

284329 ............ SILVER COMPOUNDS, EXCEPT SILVER NITRATE, NESOI. 

284330 ............ GOLD COMPOUNDS. 

* * * * * * * 

284910 ............ CARBIDES OF CALCIUM, WHETHER OR NOT CHEMICALLY DEFINED. 

* * * * * * * 

320611 ............ PIGMENTS AND PREPARATIONS CONTAINING 80% OR MORE BY WEIGHT OF TITANIUM DIOXIDE CALCULATED ON 

THE DRY MATTER. 

* * * * * * * 

391220 ............ CELLULOSE NITRATES (INCLUDING COLLODIONS), IN PRIMARY FORMS. 

* * * * * * * 

401699 ............ ARTICLES OF VULCANIZED RUBBER OTHER THAN HARD RUBBER, NESOI. 

* * * * * * * 

540249 ............ SYNTHETIC FILAMENT YARN EXCEPT SEWING THREAD, NOT FOR RETAIL SALE, SINGLE YARN NESOI, NOT OVER 

50 TURNS PER METER IF TWISTED, OF YARNS NESOI. 

* * * * * * * 

591190 ............ TEXTILE PRODUCTS AND ARTICLES FOR TECHNICAL USES NESOI. 

* * * * * * * 

680520 ............ ABRASIVE POWDER OR GRAIN, ON A BASE OF PAPER OR PAPERBOARD ONLY. 

* * * * * * * 

681299 ............ ARTICLES OF FABRICATED ASBESTOS FIBERS AND ARTICLES OF ASBESTOS MIXTURES, NESOI. 

* * * * * * * 

690919 ............ CERAMIC WARES FOR LABORATORY, CHEMICAL OR OTHER TECHNICAL USES, OF OTHER THAN PORCELAIN OR 

CHINA, NESOI. 

* * * * * * * 

701990 ............ GLASS FIBERS AND ARTICLES THEREOF NESOI. 

* * * * * * * 

811241 ............ GALLIUM, HAFNIUM, INDIUM, NIOBIUM (COLUMBIUM), RHENIUM & ARTICLES OF THESE METALS, INCLUDING WASTE 

& SCRAP. 

811249 ............ GALLIUM, HAFNIUM, INDIUM, NIOBIUM (COLUMBIUM), RHENIUM AND THALLIUM AND ARTICLES THEREOF, NESOI. 

* * * * * * * 

820411 ............ SPANNERS AND WRENCHES, HAND-OPERATED, NON-ADJUSTABLE, AND PARTS THEREOF, OF BASE METAL. 

820559 ............ HANDTOOLS NESOI, AND PARTS THEREOF, OF BASE METAL. 

* * * * * * * 

820790 ............ INTERCHANGEABLE TOOLS NESOI, AND PARTS THEREOF, OF BASE METAL. 

* * * * * * * 

880100 ............ HANG GLIDERS, GLIDERS, BALLOONS, DIRIGIBLES AND OTHER NON-POWERED AIRCRAFT. 

880211 ............ HELICOPTERS OF AN UNLADEN WEIGHT NOT EXCEEDING 2,000 KG. 

880212 ............ HELICOPTERS OF AN UNLADEN WEIGHT EXCEEDING 2,000 KG. 

880220 ............ AIRPLANES AND OTHER AIRCRAFT NESOI, OF AN UNLADEN WEIGHT NOT EXCEEDING 2,000 KG. 

880230 ............ AIRPLANES AND OTHER AIRCRAFT NESOI, OF AN UNLADEN WEIGHT EXCEEDING 2,000 KG BUT NOT EXCEEDING 

15,000 KG. 

880240 ............ AIRPLANES AND OTHER AIRCRAFT NESOI, OF AN UNLADEN WEIGHT EXCEEDING 15,000 KG. 

880260 ............ SPACECRAFT (INCLUDING SATELLITES) AND SUBORBITAL AND SPACECRAFT LAUNCH VEHICLES. 

880400 ............ PARACHUTES (INCLUDING DIRIGIBLE PARACHUTES AND PARAGLIDERS) AND ROTOCHUTES; PARTS THEREOF AND 

ACCESSORIES THERETO. 

880510 ............ AIRCRAFT LAUNCHING GEAR AND PARTS THEREOF; DECK-ARRESTORS OR SIMILAR GEAR AND PARTS THEREOF. 

880521 ............ AIR COMBAT SIMULATORS AND PARTS THEREOF. 

880529 ............ GROUND FLYING TRAINERS AND PARTS THEREOF, NESOI. 

880610 ............ UNMANNED AIRCRAFT DESIGNED FOR THE CARRIAGE OF PASSENGERS. 

880621 ............ UNMANNED AIRCRAFT FOR REMOTE-CONTROLLED FLIGHT ONLY, WITH MAXIMUM TAKE-OFF WEIGHT NOT MORE 

THAN 250 G. 

880622 ............ UNMANNED AIRCRAFT FOR REMOTE-CONTROLLED FLIGHT ONLY, WITH MAXIMUM TAKE-OFF WEIGHT MORE THAN 

250 G BUT NOT MORE THAN 7 KG. 

880623 ............ UNMANNED AIRCRAFT FOR REMOTE-CONTROLLED FLIGHT ONLY, WITH MAXIMUM TAKE-OFF WEIGHT MORE THAN 

7 KG BUT NOT MORE THAN 25 KG. 


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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 4815 

HTS–6 code HTS description 

880624 ............ UNMANNED AIRCRAFT FOR REMOTE-CONTROLLED FLIGHT ONLY, WITH MAXIMUM TAKE-OFF WEIGHT MORE THAN 

25 KG BUT NOT MORE THAN 150 KG. 

880629 ............ UNMANNED AIRCRAFT FOR REMOTE-CONTROLLED FLIGHT ONLY, WITH MAXIMUM TAKE-OFF WEIGHT MORE THAN 

150 KG. 

880691 ............ UNMANNED AIRCRAFT WITH MAXIMUM TAKE-OFF WEIGHT NOT MORE THAN 250 G, NESOI. 

880692 ............ UNMANNED AIRCRAFT WITH MAXIMUM TAKE-OFF WEIGHT MORE THAN 250 G BUT NOT MORE THAN 7 KG, NESOI. 

880693 ............ UNMANNED AIRCRAFT WITH MAXIMUM TAKE-OFF WEIGHT MORE THAN 7 KG BUT NOT MORE THAN 25 KG, NESOI. 

880694 ............ UNMANNED AIRCRAFT WITH MAXIMUM TAKE-OFF WEIGHT MORE THAN 25 KG BUT NOT MORE THAN 150 KG, 

NESOI. 

880699 ............ UNMANNED AIRCRAFT WITH MAXIMUM TAKE-OFF WEIGHT MORE THAN 150 KG, NESOI. 

880710 ............ PROPELLERS AND ROTORS AND PARTS THEREOF, FOR BALLOONS, GLIDERS, OTHER AIRCRAFT AND SPACECRAFT, ETC. 

880720 ............ UNDERCARRIAGES AND PARTS THEREOF, FOR BALLOONS, GLIDERS, OTHER AIRCRAFT AND SPACECRAFT, ETC. 

880730 ............ PARTS OF AIRPLANES OR HELICOPTERS, NESOI. 

880790 ............ PARTS FOR USE IN CIVIL AIRCRAFT, BALLOONS, DIRIGIBLES, GLIDERS, HANG GLIDERS AND OTHER NON-POWERED AIRCRAFT, NESOI. 

* * * * * * * 

■ 11. Supplement no. 5 to part 746 is 

amended by adding a sentence 

following the second sentence of 

paragraph (a) to read as follows: 

Supplement No. 5 to Part 746—‘Luxury 

Goods’ Sanctions for Russia and 

Belarus Pursuant to § 746.10(a)(1) and 

(2) 

(a) * * * Although fasteners (e.g., 

screws, bolts, nuts, nut plates, studs, 

inserts, clips, rivets, pins), washers, 

spacers, insulators, grommets, bushings, 

springs, wires, and solder are excluded 

from the scope of this supplement, see 

part 744 of the EAR for license 

requirements for Russia and Belarus that 

extend to all items ‘‘subject to the EAR,’’ 

e.g., § 744.21 of the EAR and the Entity 

List license requirements, which in 

most cases extend to all items ‘‘subject 

to the EAR.’’ * * * 

* * * * * 

■ 12. Supplement no. 6 to part 746 is 

amended by adding a sentence to the 

end of the introductory text to the 

supplement to read as follows: 

Supplement No. 6 to Part 746—Russian 

and Belarusian Industry Sector 

Sanctions Pursuant to § 746.5(a)(1)(iii) 

* * * This supplement does not 

include any item that meets the 

definition of ‘‘medicine’’ in § 772.1 of 

the EAR. 

* * * * * 

■ 13. Supplement no. 7 to part 746 is 

amended by: 

■ a. Adding a sentence following the 

second sentence of paragraph (a); and 

■ b. Adding in the table, in numerical 

order, the entry ‘‘852910.’’ 

The additions read as follows: 

Supplement No. 7 to Part 746—Items 

That Require a License Under § 746.6 

When Destined to the Temporarily 

Occupied Crimea Region of Ukraine, 

Under § 746.7 When Destined to Iran, 

and Under § 746.8 When Destined to 

Russia or Belarus 

* * * * * 

(a) * * * Although fasteners (e.g., 

screws, bolts, nuts, nut plates, studs, 

inserts, clips, rivets, pins), washers, 

spacers, insulators, grommets, bushings, 

springs, wires, and solder are excluded 

from the scope of this supplement, see 

part 744 of the EAR for license 

requirements for Russia and Belarus that 

extend to all items ‘‘subject to the EAR,’’ 

e.g., § 744.21 of the EAR and the Entity 

List license requirements, which in 

most cases extend to all items ‘‘subject 

to the EAR.’’ * * * 

* * * * * 

HTS–6 codes HTS description 

*******

852910 ............ Antennas and antenna reflectors and parts thereof. 

*******

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2024–01408 Filed 1–23–24; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Parts 550 and 553 

[Docket ID: BOEM–2024–0002] 

RIN 1010–AE19 

2024 Civil Penalties Inflation 

Adjustments for Oil, Gas, and Sulfur 

Operations in the Outer Continental 

Shelf 

AGENCY: Bureau of Ocean Energy 

Management, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

the 2024 inflation adjustments to the 

maximum daily civil monetary penalties 

in the Bureau of Ocean Energy 

Management’s (BOEM) regulations for 

violations of the Outer Continental Shelf 

Lands Act (OCSLA) and the Oil 

Pollution Act of 1990 (OPA). These 

inflation adjustments are made pursuant 

to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Improvements Act) and Office of 

Management and Budget (OMB) 


khammond on DSKJM1Z7X2PROD with RULES