12856 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

1 87 FR 12226 (March 3, 2022). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW TX E5 Olney, TX [Amended] 

Olney Municipal Airport, TX 

(Lat. 33°21′03′′ N, long. 98°49′09′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Olney Municipal Airport. 

Issued in Fort Worth, Texas, on March 2, 

2022. 

Martin A. Skinner, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2022–04828 Filed 3–7–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738 and 746 

[Docket No. 220303–0068] 

RIN 0694–AI76 

Expansion of Sanctions Against the 

Russian Industry Sector Under the 

Export Administration Regulations 

(EAR) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In response to the Russian 

Federation’s (Russia’s) further invasion 

of Ukraine, the Department of 

Commerce is expanding the existing 

sanctions against the Russian industry 

sector by adding a new prohibition 

under the Export Administration 

Regulations (EAR) that targets the oil 

refinery sector in Russia. These new 

export controls will further limit 

revenue that could support the military 

capabilities of Russia. 

DATES: This rule is effective on March 3, 

2022. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this final rule, contact 

Eileen Albanese, Director, Office of 

National Security and Technology 

Transfer Controls, Bureau of Industry 

and Security, Department of Commerce, 

Phone: (202) 482–0092, Fax: (202) 482– 

482–3355, Email: rpd2@bis.doc.gov. For 

emails, include ‘‘Russia Industry Sector 

Sanctions Expansion’’ in the subject 

line. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In response to Russia’s February 2022 

further invasion of Ukraine, the Bureau 

of Industry and Security (BIS) imposed 

extensive sanctions on Russia under the 

Export Administration Regulations (15 

CFR parts 730–774) (EAR) as part of the 

final rule, Implementation of Sanctions 

Against Russia Under the Export 

Administration Regulations (EAR), 

effective February 24, 2022 (‘‘Russia 

Sanctions rule’’).1 As described in the 

Russia Sanctions rule’s preamble, 

Russia’s invasion of Ukraine flagrantly 

violates international law, is contrary to 

U.S. national security and foreign policy 

interests, and undermines global order, 

peace, and security, and consequently 

necessitated the imposition of stringent 

sanctions. 

The export control measures 

implemented in this final rule build 

upon the policy objectives set forth in 

the Russian Sanctions rule by further 

restricting Russia’s access to items that 

it needs to support its military 

capabilities. 

The changes made by this rule are 

intended to further limit the Russian oil 

sector by restricting the export, reexport 

and transfer (in-country) of additional 

items needed for oil refining. Sale of 

gasoline produced from Russian oil is a 

major source of revenue for Russia. 

Limiting the export, reexport and 

transfer (in-country) of critical oil 

refining equipment will consequently 

reduce Russia’s ability to generate 

revenue that the country needs to 

support its military capabilities. 

As described below, this rule expands 

the scope of the sanctions against the 

Russian industry sector that were 

originally added to the EAR in August 

2014 in response to Russia’s 2014 

destabilizing conduct in Ukraine and 

occupation of the Crimea region of 

Ukraine. See 79 FR 45675 (Aug. 6, 

2014). The export controls in this final 

rule target the oil refinery sector in 

Russia. These new export controls 

under the EAR, implemented in parallel 

with similarly stringent measures by 

partner and allied countries, will further 

limit sources of revenue that could 

support the military capabilities of 

Russia. 

II. Overview of New Controls 

This final rule amends part 746 of the 

EAR (Embargoes and Other Special 

Controls) to expand the scope of the 

Russian industry sector sanctions by 

adding a new general prohibition that 

will apply to additional Harmonized 

Tariff Schedule (HTS)-6 codes and 

Schedule B numbers for all exports, 

reexports, and transfers (in-country) to 

or within Russia. 

III. Amendments to the Export 

Administration Regulations (EAR) 

A. Expansion of Russian Industry 

Sanctions and Conforming Change 

1. Expansion of Russian Industry Sector 

Sanctions by Adding a New Prohibition 

Under § 746.5 of the EAR (Russian 

industry sector sanctions), this final rule 

revises paragraph (a) (License 

requirement) to expand the scope of the 

general prohibition under paragraph 

(a)(1). Prior to this rule, this general 

prohibition applied to the export, 

reexport or transfer (in-country) of 

certain items in situations where a 

person had ‘‘knowledge,’’ for purposes 

of the EAR, that the item would be used 

directly or indirectly in Russia’s energy 

sector for exploration or production 

from deepwater, Arctic offshore, or 

shale projects in Russia that have the 

potential to produce oil or gas, or where 

a person was unable to determine 

whether the item would be used in such 

projects in Russia. 

This final rule adds a new paragraph 

(a)(1)(ii) to expand the scope of the 

general prohibition under this section 

by imposing an additional license 

requirement for exports, reexports or 

transfers (in-country) of any item subject 

to the EAR listed in new supplement no. 

4 to part 746 to and within Russia. 

Unlike the existing prohibition 

(reordered to appear in new paragraph 

(a)(1)(i)), the prohibition under new 

paragraph (a)(1)(ii) does not include a 

‘‘knowledge’’ requirement. 

This final rule also adds new 

paragraph (a)(1)(iii) to provide crossreferences to other EAR license 

requirements for Russia and guidance 

for submitting license applications 

required pursuant to this section. 

Additionally, this final rule adds new 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12857 

supplement no. 4 to part 746—HTS 

Codes and Schedule B Numbers that 

Require a License for Export, Reexport, 

and Transfer (in-country) to or within 

Russia pursuant to § 746.5(a)(1)(ii), to 

identify the items by HTS code and 

Schedule B number that will be subject 

to the prohibition under paragraph 

(a)(1)(ii). Supplement no. 4 will include 

four columns consisting of the HTS 

Code, HTS Description, Schedule B and 

Schedule B Description to assist 

exporters, reexporters, and transferors to 

identify the products in this 

supplement. There is no difference in 

the scope of products identified in the 

supplement by HTS–6 code and HTS 

description or by the Schedule B 

number and Schedule B description. 

The inclusion of both the HTS–6 codes 

and Schedule B numbers will assist 

exporters, reexporters, and transferors if 

they have difficulty in identifying a 

product based on either the HTS codes 

or Schedule B numbers alone. 

Under paragraph (b) (Licensing 

policy), this final rule adds new 

paragraph (b)(1) for the text that 

appeared in paragraph (b) prior to this 

final rule, which will specify the 

licensing policy for the license 

requirements under new paragraph 

(a)(1)(i). This rule changes the license 

review policy that appeared in 

paragraph (b) which is now paragraph 

(b)(1) in this rule from a presumption of 

denial to the more restrictive policy of 

denial. This change in the license 

review policy is made to harmonize 

with the license review policy in new 

paragraph (b)(2) for the license 

requirements under paragraph (a)(1)(ii), 

as well as with the license review 

policies that have been adopted for 

other sanctions against Russia. This 

final rule adds a new paragraph (b)(2) to 

add the review policy, a policy of 

denial, that will be applicable to 

applications that fall within the scope of 

paragraph (a)(1)(ii). However, for both 

the license review policies in 

paragraphs (a)(1)(i) and (ii), this rule 

specifies that applications for export, 

reexport, or transfer (in-country) of 

items that may be necessary for health 

and safety reasons will be reviewed 

under a case-by case license review 

policy. This inclusion of this case-bycase license review policy is consistent 

with other parts of the Russia Sanctions 

rule, in particular, the inclusion of a 

case-by-case license review policy 

related to safety of flight and maritime 

safety. BIS also notes that license 

applicants may request emergency 

processing of license applications by 

following the procedures identified in 

§ 748.4(h) (Emergency processing) of the 

EAR. Under § 748.4(h), BIS will 

expedite its evaluation, and attempt to 

expedite the evaluations of other 

government agencies, of a license 

application when, in BIS’s judgment, 

the circumstances justify emergency 

processing. 

BIS estimates that new license 

requirements under § 746.5(a)(1)(ii) will 

result in an additional 20 license 

applications being submitted to BIS 

annually. 

2. Conforming Changes 

Based on the foregoing changes to the 

EAR in § 746.5(a)(1) and the addition of 

supplement no. 4 to part 746, in 

supplement no 1 to part 738— 

Commerce Country Chart, this final rule 

also makes one conforming change to 

footnote 6 to the Commerce Country 

Chart to add a reference to new 

supplement no. 4 to part 746. This 

conforming revision is made so 

exporters, reexporters, and transferors 

are aware of the need to review 

supplement no. 4 to part 746 as part of 

their analysis of the license 

requirements in § 746.5(a)(1)(ii). 

This rule also adds one sentence at 

the end of the introductory text of 

supplement no. 2 to part 746—Russian 

Industry Sector Sanction List—to 

provide guidance on one Schedule B 

number that is identified in both 

supplements no. 2 and no. 4 to part 746. 

This sentence clarifies that Schedule B 

number 8479.89.9850 is listed on both 

supplements no. 2 and 4, and that 

exporters, reexporters, and transferors 

must comply with the license 

requirements under both § 746.5(a)(1)(i) 

and (ii), as applicable, for Schedule B 

number 8479.89.9850. 

3. Impact of These Changes on Entity 

List Entries That Reference § 746.5 

This rule does not change the Entity 

List in supplement no. 4 to part 744. 

Seventy-five entries on the Entity List 

have a license requirement for all items 

subject to the EAR when used in 

projects specified in § 746.5 of the EAR. 

BIS clarifies here that for purposes of 

the Entity List entries that reference 

§ 746.5, the license requirements set 

forth on the Entity List apply when 

items are used in the projects specified 

in § 746.5(a)(1)(i), but that exporters, 

reexporters, or transferors must also 

review the transaction against the 

license requirements in § 746.5(a)(1)(ii), 

as well as all other applicable EAR 

license requirements. 

Savings Clause 

For the changes being made in this 

final rule, shipments of items removed 

from eligibility for a License Exception 

or export, reexport, or transfer (incountry) without a license (NLR) as a 

result of this regulatory action that were 

en route aboard a carrier to a port of 

export, reexport, or transfer (in-country), 

on March 7, 2022, pursuant to actual 

orders for export, reexport, or transfer 

(in-country) to or within a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

export, reexport, or transfer (in-country) 

without a license (NLR). 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (codified, as amended, at 50 

U.S.C. Sections 4801–4852). ECRA 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

Rulemaking Requirements 

1. This final rule is not a ‘‘significant 

regulatory action’’ because it 

‘‘pertain[s]’’ to a ‘‘military or foreign 

affairs function of the United States’’ 

under sec. 3(d)(2) of Executive Order 

12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. 

This rule involves the following 

OMB-approved collections of 

information subject to the PRA: 0694– 

0088, ‘‘Multi-Purpose Application,’’ 

which carries a burden hour estimate of 

29.6 minutes for a manual or electronic 

submission; 0694–0096 ‘‘Five Year 

Records Retention Period,’’ which 

carries a burden hour estimate of less 

than 1 minute; and 0607–0152 

‘‘Automated Export System (AES) 

Program,’’ which carries a burden hour 

estimate of 3 minutes per electronic 

submission. This rule changes the 

respondent burden under these control 

numbers by increasing the estimated 

number of submissions by 20 which is 

not expected to exceed the current 

approved estimates. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 


lotter on DSK11XQN23PROD with RULES1
12858 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018 (50 

U.S.C. 4821) (ECRA), this action is 

exempt from the Administrative 

Procedure Act (APA) (5 U.S.C. 553) 

requirements for notice of proposed 

rulemaking, opportunity for public 

participation, and delay in effective 

date. While section 1762 of ECRA 

provides sufficient authority for such an 

exemption, this action is also 

independently exempt from these APA 

requirements because it involves a 

military or foreign affairs function of the 

United States (5 U.S.C. 553(a)(1)). 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

not applicable. Accordingly, no 

regulatory flexibility analysis is required 

and none has been prepared. 

List of Subjects 

15 CFR Part 738 

Exports. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 738 and 746 of the 

Export Administration Regulations (15 

CFR parts 730 through 774) are 

amended as follows: 

PART 738—COMMERCE CONTROL 

LIST OVERVIEW AND THE COUNTRY 

CHART 

■ 1. The authority citation for 15 CFR 

part 738 continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c; 22 

U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 

U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 

50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 2. Supplement no. 1 to part 738 is 

amended by revising footnote 6 to read 

as follows: 

Supplement No. 1 to Part 738— 

Commerce Country Chart 

* * * * * 6See § 746.5 of the EAR for additional 

license requirements under the Russian 

industry sector sanctions for ECCNs 0A998, 

1C992, 3A229, 3A231, 3A232, 6A991, 8A992, 

and 8D999 and items identified in 

supplements no. 2 and no. 4 to part 746 of 

the EAR. See § 746.8 of the EAR for Sanctions 

against Russia and Belarus, including 

additional license requirements for items 

listed in any ECCN in Categories 3, 4, 5, 6, 

7, 8, or 9 of the CCL. 

* * * * * 

PART 746—EMBARGOES AND OTHER 

SPECIAL CONTROLS 

■ 3. The authority citation for 15 CFR 

part 746 continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

287c; Sec 1503, Pub. L. 108–11, 117 Stat. 559; 

22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 

614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 

26751, 3 CFR, 2004 Comp., p 168; 

Presidential Determination 2003–23, 68 FR 

26459, 3 CFR, 2004 Comp., p. 320; 

Presidential Determination 2007–7, 72 FR 

1899, 3 CFR, 2006 Comp., p. 325; Notice of 

May 6, 2021, 86 FR 26793 (May 10, 2021). 

■ 4. Section 746.5 is amended by 

revising paragraphs (a)(1) and (b) to read 

as follows: 

§ 746.5 Russian industry sector sanctions. 

(a) * * * 

(1) General prohibition. (i) A license 

is required to export, reexport or 

transfer (in-country) any item subject to 

the EAR listed in supplement no. 2 to 

this part and items specified in ECCNs 

0A998, 1C992, 3A229, 3A231, 3A232, 

6A991, 8A992, and 8D999 when you 

‘‘know’’ that the item will be used 

directly or indirectly in exploration for, 

or production of, oil or gas in Russian 

deepwater (greater than 500 feet) or 

Arctic offshore locations or shale 

formations in Russia, or are unable to 

determine whether the item will be used 

in such projects. Such items include, 

but are not limited to, drilling rigs, parts 

for horizontal drilling, drilling and 

completion equipment, subsea 

processing equipment, Arctic-capable 

marine equipment, wireline and down 

hole motors and equipment, drill pipe 

and casing, software for hydraulic 

fracturing, high pressure pumps, 

seismic acquisition equipment, remotely 

operated vehicles, compressors, 

expanders, valves, and risers. 

(ii) A license is required to export, 

reexport, or transfer (in-country) any 

item subject to the EAR listed in 

supplement no. 4 to this part to or 

within Russia. 

(iii) You should be aware that other 

provisions of the EAR, including parts 

742 and 744 and § 746.8, also apply to 

exports and reexports to Russia. License 

applications submitted to BIS under this 

section may include the phrase ‘‘section 

746.5(a)(1)(i)’’ or ‘‘section 

746.5(a)(1)(ii)’’ in Block 9 (Special 

Purpose) as described in supplement no. 

1 to part 748 of the EAR. 

* * * * * 

(b) Licensing policy. (1) Applications 

for the export, reexport, or transfer (incountry) of any item pursuant to 

paragraph (a)(1)(i) of this section that 

requires a license for Russia will be 

reviewed under a policy of denial when 

for use directly or indirectly for 

exploration or production from 

deepwater (greater than 500 feet), Arctic 

offshore, or shale projects in Russia that 

have the potential to produce oil or gas, 

except that applications for export, 

reexport, or transfer (in-country) of 

items that may be necessary for health 

and safety reasons will be reviewed 

under a case-by case license review 

policy. 

(2) Applications for the export, 

reexport, or transfer (in-country) of any 

item pursuant to paragraph (a)(1)(ii) of 

this section that requires a license for 

Russia will be reviewed under a policy 

of denial, except that applications for 

export, reexport, or transfer (in-country) 

of items that may be necessary for 

health and safety reasons will be 

reviewed under a case-by case license 

review policy. 

* * * * * 

■ 5. Supplement no. 2 to part 746 is 

amended by adding a sentence to the 

end of the introductory text to read as 

follows: 

Supplement No. 2 to Part 746—Russian 

Industry Sector Sanction List 

* * * Schedule B number 

8479.89.9850 is listed on both 

supplements no. 2 and 4 to this part, so 

exporters, reexporters, and transferors 

must comply with the license 

requirements under both § 746.5(a)(1)(i) 

and (ii) as applicable. 

* * * * * 

■ 6. Add supplement No. 4 to part 746 

to read as follows: 

Supplement No. 4 to Part 746—HTS 

Codes and Schedule B Numbers That 

Require a License for Export, Reexport, 

and Transfer (In-Country) to or Within 

Russia Pursuant to § 746.5(a)(1)(ii) 

The source for the Harmonized Tariff 

Schedule (HTS)-6 codes and 

descriptions and Schedule B numbers 

and descriptions in this list comes from 

the Bureau of the Census’s Schedule B 

concordance of exports 2022. Census’s 

Schedule B List 2022 can be found at 

www.census.gov/foreign-trade/aes/ 

documentlibrary/#concordance. The 

Introduction Chapter of the Schedule B 

provides important information about 

classifying products and interpretations 

of the Schedule B, e.g., NESOI means 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12859 

Not Elsewhere Specified or Included. In 

addition, important information about 

products within a particular chapter 

may be found at the beginning of 

chapters. This supplement includes four 

columns consisting of the HTS Code, 

HTS Description, Schedule B and 

Schedule B Description to assist 

exporters, reexporters, and transferors in 

identifying the products in this 

supplement no. 4 to this part. For 

information on HTS codes in general, 

you may contact a local import 

specialist at U.S. Customs and Border 

Protection at the nearest port. Schedule 

B number 8479.89.9850 is listed on both 

supplements no. 2 and 4 to this part, so 

exporters, reexporters, and transferors 

must comply with the license 

requirements under both § 746.5(a)(1)(i) 

and (ii) as applicable. 

Harmonized tariff schedule 

(HTS)—6 code HTS description Schedule B Schedule B description 

847989 or 854370 ......................... Alkylation and isomerization units 8479.89.9850 or 8479.89.9900 .... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

847989 or 854370 ......................... Aromatic hydrocarbon production 

units.

8479.89.9850 or 8479.89.9900 .... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

841940 ........................................... Atmospheric—vacuum crude distillation units (CDU).8419.40.0080 ................................ —Other. 

847989 or 854370 ......................... Catalytic reforming/cracker units .. 8543.70.9665 ................................ —Other.

841989, 841989 or 841989 ........... Delayed cokers ............................. 8419.89.9585 ................................ —For other materials. 

841989, 841989 or 841989 ........... Flexicoking units ........................... 8419.89.9585 ................................ —For other materials. 

847989 ........................................... Hydrocracking reactors ................. 8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

841989, 841989, 841989, or 

847989.

Hydrocracking reactor vessels ..... 8419.89.9585 ................................ —For other materials. 

847989 or 854370 ......................... Hydrogen generation technology 8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

842139, 842139, 842139, 842139, 

847989 or 854370.

Hydrogen recovery and purification technology.8421.39.0140, or 8421.39.0190 ... —Gas separation equipment, or 

—Other. 

847989 or 854370 ......................... Hydrotreatment technology/units .. 8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

847989 or 854370 ......................... Naphtha isomerisation units ......... 8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

847989 or 854370 ......................... Polymerisation units ..................... 8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

841989, 841989, or 841989, 

847989 or 854370.

Refinery fuel gas treatment and 

sulphur recovery technology (including amine scrubbing units, 

sulphur recovery units, tail gas 

treatment units).

8419.89.9585 ................................ —For other materials. 

845690, 847989 or 854370 ........... Solvent de—asphalting units ........ 8456.90.7100, 8479.89.9850, or 

8479.89.9900.

—Other — 

—Oil and gas field wire line and 

downhole equipment, or 

—Other. 

847989 or 854370 ......................... Sulphur production units ............... 8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

847989 or 854370 ......................... Sulphuric acid alkylation and sulphuric acid regeneration units.8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

841989, 841989, or 841989, 

847989 or 854370.

Thermal cracking units ................. 8419.89.9585, 8479.89.9850, or 

8479.89.9900.

—For other materials, —Oil and 

gas field wire line and 

downhole equipment, or 

—Other. 

847989 or 854370 ......................... [Toluene and heavy aromatics] 

Transalkylation units.

8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

847989 or 854370 ......................... Visbreakers ................................... 8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 

847989 or 854370 ......................... Vacuum gas oil hydrocracking 

units.

8479.89.9850, or 8479.89.9900 ... —Oil and gas field wire line and 

downhole equipment, or 

—Other. 


lotter on DSK11XQN23PROD with RULES1
12860 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–04912 Filed 3–3–22; 3:15 pm] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0963] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Tchefuncta River 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

State Route 22 (SR 22) drawbridge 

across the Tchefuncta River mile 2.5, 

Madisonville, St. Tammany Parish, 

Louisiana. This action is necessary to 

relieve vehicular traffic congestion 

along SR 22 near Madisonville, LA 

during peak traffic periods on 

weekdays. 

DATES: This rule is effective April 7, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type USCG– 

2016–0963 in the ‘‘SEARCH’’ box and 

click ‘‘SEARCH.’’ In the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email call or email Mr. Doug Blakemore, 

Eighth Coast Guard District Bridge 

Administrator; telephone (504) 671– 

2128, email Douglas.A.Blakemore@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

SR State Road 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard has published 

numerous rulemaking documents in the 

Federal Register on this bridge: A 

temporary deviation to the regulations 

November 4, 2016 (81 FR 76866); NPRM 

November 4, 2016 (81 FR 76889); a 

Supplemental NPRM June 14, 2018 (83 

FR 27730); and a final rule October 25, 

2018 (85 FR 53810). Each rulemaking 

addressed changing the operating 

schedule to the bridge to relieve vehicle 

congestion along SR 22 in Madisonville, 

LA. 

On April 23, 2021 the Town of 

Madisonville, LA requested that the 

Coast Guard revisit changing the 

operating schedule and close the 

drawbridge to vessel traffic during 

morning vehicle peak periods and that 

the bridge only open to vessels during 

the day on the hour. The Coast Guard 

published a NPRM August 31, 2021 (86 

FR 48923) to solicit public comments on 

this proposed rule change. 

The Coast Guard determined that the 

Town of Madisonville had provided 

sufficient information to relieve vehicle 

congestion by closing the bridge to 

vessel traffic from 6 a.m. to 8 a.m. and 

4 p.m. to 6 p.m. and opening the bridge 

from 8 a.m. to 4 p.m. on the hour vice 

every half hour. This change allows 

vehicles to travel along SR 22 

unimpeded by bridge openings for 2 two 

periods during the weekday morning 

and afternoon commutes. It also 

decreases the number of times that the 

bridge opens during the day by opening 

on the hour for vessels to pass 7 days 

a week. During the comment period that 

ended on November 1, 2021, we 

received 18 comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. The 

Eighth Coast Guard District Commander 

has determined that this change to the 

operating schedule of the Madisonville 

(SR 22) swing span drawbridge across 

the Tchefuncta River mile 2.5, 

Madisonville, St. Tammany Parish, 

Louisiana allows it to remain closed to 

marine traffic for 2 two hour periods 

and to open on the hour during days is 

necessary and reasonable. The purpose 

of this rule is to alleviate vehicle 

congestion on SR 22 and meet the 

reasonable needs of vessels to use the 

Tchefuncta River. 

IV. Discussion of Comments, Changes 

and the Final Rule 

As mentioned above we received 18 

comments on the NPRM published 

August 1, 2021. Fifteen comments were 

in favor of the rule change. One 

comment was against the rule change 

and 2 comments addressed other issues 

not related to the NPRM. The 

commenter against the rule stated that 

the rule would have little impact to 

vehicle traffic because there are few 

bridge openings during weekdays, 

minimal openings in the afternoon peak 

vehicle traffic hours and there are 

minimal bridge openings on the 

weekends. 

Vehicle congestion along SR 22 is 

well documented by other public 

comments, meetings, and data and 

information gathered during this rule 

change. Vehicle congestion is 

particularly significant during morning 

and evening commuting and school 

hours. In promulgating drawbridge rules 

the Coast Guard balances the needs of 

land transportation and vessel traffic. 

The bridge opens on average 8 times per 

day Monday through Sunday. The rule 

will provide a positive impact to vehicle 

traffic by reducing the amount of time 

that the bridge is required to open and 

will provide vessels with the reasonable 

ability to use the waterway. 

This final rule changes the 

Madisonville (SR 22) swing span bridge 

operating schedule and allows the 

bridge to open on signal on the hour 

from 6 a.m. to 6 p.m. except that on 

Monday through Friday the bridge will 

not open from 6 a.m. to 8 a.m. and from 

4 p.m. to 6 p.m. The bridge opens on 

signal from 6 p.m. to 6 a.m. each day. 

This allows vehicles to travel along SR 

22 near Madisonville, LA unimpeded by 

bridge openings at the above times. 

There are no other changes to the 

operating schedule. The regulatory text 

appears at the end of this document. 

IV. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders, and we discuss First 

Amendment rights of protesters. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, it 

has not been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on the ability that vessels can 

still transit the bridge given advanced 

notice. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 


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