22130 Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Rules and Regulations 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

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 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6002 Class E Surface Airspace. 

* * * * * 

ASO TN E2 Dyersburg, TN [Amended] 

Dyersburg Regional Airport, TN 

(Lat. 35°59′53′′ N, long. 89°24′24′′ W) 

That airspace upward from the surface 

within a 4.7-mile radius of the Dyersburg 

Regional Airport. This Class E airspace is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Chart Supplement. 

Issued in College Park, Georgia, on April 7, 

2022. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2022–07970 Filed 4–13–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 738, and 746 

[Docket No. 220408–0089] 

RIN 0694–AI83 

Expansion of Sanctions Against 

Russia and Belarus 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) ongoing aggression 

in Ukraine following its further invasion 

of the country, as substantially enabled 

by Belarus, this rule expands license 

requirements for Russia and Belarus 

under the Export Administration 

Regulations (EAR) to all items on the 

Commerce Control List (CCL). It also 

removes license exception eligibility for 

aircraft registered in, owned or 

controlled by, or under charter or lease 

by Belarus or a national of Belarus. 

DATES: This rule is effective on April 8, 

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 and Belarus’’ in 

the subject line. 

SUPPLEMENTARY INFORMATION: 

Background 

In response to Russia’s February 2022 

further invasion of Ukraine and 

Belarus’s substantial enabling of this 

invasion by allowing it to proceed from 

Belarusian territory, the Bureau of 

Industry and Security (BIS) imposed 

extensive sanctions on Russia and 

Belarus by amending the Export 

Administration Regulations (15 CFR 

parts 730–774) (EAR). These sanctions 

reflected the U.S. Government’s position 

that Russia’s invasion of Ukraine, as 

substantially enabled by Belarus, 

flagrantly violated international law, 

was contrary to U.S. national security 

and foreign policy interests, and 

undermined global order, peace, and 

security, and therefore necessitated 

stringent and expansive sanctions. Since 

February 2022, BIS, in coordination 

with its allies and partners, has issued 

several rules that subject both countries 

to restrictions under the EAR. BIS has 

primarily targeted the Russian and 

Belarusian defense, aerospace, and 

maritime sectors with expanded export 

controls, including controls on the 

export from abroad of certain foreignproduced items that are subject to the 

EAR. 

Stringent licensing restrictions under 

the EAR were initially imposed on 

Russia as part of the final rule, 

Implementation of Sanctions Against 

Russia Under the Export Administration 

Regulations (EAR), effective on February 

24, 2022, and published March 3, 2022 

(87 FR 12226). Among other restrictions, 

BIS implemented a new license 

requirement for Russia on items subject 

to the EAR and classified under any 

Export Control Classification Number 

(ECCN) in Categories 3 through 9 of the 

Commerce Control List, supp. no. 1 to 

part 774 of the EAR (CCL) as part of new 

§ 746.8(a)(1) (Russia sanctions) in part 

746 of the EAR (Embargoes and Other 

Special Controls). BIS extended this 

new license requirement to Belarus (see 

§ 746.8 (Russia and Belarus sanctions)) 

as part of the final rule, Implementation 

of Sanctions Against Belarus Under the 

Export Administration Regulations 

(EAR), effective on March 2, 2022, and 

published March 8, 2022 (87 FR 13048) 

(Belarus rule). 

This rule expands the license 

requirement that was previously 

imposed on Russia and Belarus to 

include items classified under any 

ECCN in Categories 0 through 2 of the 

CCL. Accordingly, the license 

requirement under § 746.8(a)(1) (Russia 

and Belarus sanctions) now applies to 

all items on the CCL. Additionally, 

consistent with this expanded license 

requirement, this rule revises the foreign 

‘‘direct product’’ rule (FDP rule) in 

§ 734.9(f) of the EAR that relates to both 

Russia and Belarus (the ‘‘Russia/Belarus 

FDP rule’’) to apply to all items on the 

CCL. Therefore, foreign-produced items 

derived from ECCNs in Categories 0 

through 9 of the CCL will now be 

subject to the EAR under the Russia/ 

Belarus FDP rule as well as to the 

license requirement described in 

§ 746.8(a)(2). 

Additionally, as part of the U.S. 

Government’s response to Belarus’s 

actions in support of Russia’s aggressive 

conduct in Ukraine, this rule limits the 

availability of two paragraphs of License 

Exception Aircraft, vessels and 

spacecraft (AVS) (§ 740.15(a) and (b)) for 

certain Belarus-related aircraft. 

Specifically, paragraph (c) (License 

Exceptions) specifies certain license 

exceptions that apply to § 746.8(a)(1) 

and (2) for transactions involving Russia 

or Belarus, and this rule revises 

paragraph (c)(5) to preclude the 

availability of paragraphs (a) and (b) of 

License Exception AVS for any aircraft 

registered in, owned or controlled by, or 

under charter or lease by Belarus or a 

national of Belarus. Thus, as revised by 

this rule, paragraphs (a) and (b) of 

License Exception AVS are not available 

for aircraft registered in, owned, or 

controlled by, or under charter or lease 

by, Belarus or Russia, or by a Belarusian 

or Russian national. As a conforming 

change, this rule revises footnote 6 to 

the Commerce Country Chart 

(supplement no. 1 to part 738) to reflect 


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Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Rules and Regulations 22131 

the revised license requirements in 

§ 746.8(a)(1). 

Savings Clause 

For the expanded controls on Russia 

and Belarus under § 746.8(a)(2), 

shipments of items removed from 

eligibility for a License Exception or 

reexport or transfer (in-country) without 

a license (NLR) as a result of this 

regulatory action that were en route 

aboard a carrier to a port of export, 

reexport, or transfer (in-country), on 

May 9, 2022, pursuant to actual orders 

for 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 reexport or transfer (incountry) without a license (NLR). 

For all other changes being made in 

this final rule, shipments of items 

removed from eligibility for a License 

Exception or export, reexport, or 

transfer (in-country) without a license 

(NLR) as a result of this regulatory 

action that were en route aboard a 

carrier to a port of export, reexport, or 

transfer (in-country), on April 8, 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. 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. 

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 three collections of 

information. BIS believes there will be 

minimal burden changes to two of these 

collections—Five-Year Records 

Retention Requirement for Export 

Transactions and Boycott Actions (OMB 

control number 0694–0096) and 

Automated Export System (AES) 

Program (OMB control number 0607– 

0152). 

However, ‘‘Multi-Purpose Application 

(OMB control number 0694–0088) will 

exceed existing estimates currently 

associated with this collection as the 

respondent burden will increase the 

estimated number of submissions by 

150 for license applications submitted 

annually to BIS. BIS estimates the 

burden hours associated with this 

collection would increase by 77 (i.e., 

150 applications × 30.6 minutes per 

response) for a total estimated cost 

increase of $2,310 (i.e., 77 hours × $30 

per hour). The $30 per hour cost 

estimate for OMB control number 0694– 

0088 is consistent with the salary data 

for export compliance specialists 

currently available through 

glassdoor.com (glassdoor.com estimates 

that an export compliance specialist 

makes $55,280 annually, which 

computes to roughly $26.58 per hour). 

Consistent with 5 CFR 1320.13, BIS 

requested, and OMB has approved, 

emergency clearance for an increase in 

the burden estimate due to the 

additional license requirements 

imposed by this rule. 

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 738 

Exports. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 734, 738, 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 10, 2021, 86 FR 

62891 (November 12, 2021). 

■ 2. Section 734.9 is amended by 

revising paragraph (f) to read as follows: 

§ 734.9 Foreign-Direct Product (FDP) 

Rules. 

* * * * * 

(f) Russia/Belarus FDP rule. A foreignproduced item is subject to the EAR if 

it meets both the product scope in 

paragraph (f)(1) of this section and the 

destination scope in paragraph (f)(2) of 

this section. See § 746.8 of the EAR for 

license requirements, license review 

policy, and license exceptions 

applicable to foreign-produced items 

that are subject to the EAR pursuant to 

this paragraph (f). 

(1) Product scope of Russia/Belarus 

FDP rule. The product scope applies if 

a foreign-produced item meets the 

conditions of either paragraph (f)(1)(i) or 

(ii) of this section. 

(i) ‘‘Direct product’’ of ‘‘technology’’ 

or ‘‘software.’’ A foreign-produced item 

meets the product scope of this 

paragraph (f)(1)(i) if the foreignproduced item is not designated EAR99 

and is a ‘‘direct product’’ of U.S.-origin 

‘‘technology’’ or ‘‘software’’ subject to 

the EAR that is specified in any ECCN 

in product groups D or E of the CCL; or 


lotter on DSK11XQN23PROD with RULES1
22132 Federal Register / Vol. 87, No. 72 / Thursday, April 14, 2022 / Rules and Regulations 

(ii) ‘‘Direct product’’ of a complete 

plant or ‘major component’ of a plant. 

A foreign-produced item meets the 

product scope of this paragraph (f)(1)(ii) 

if the foreign-produced item is not 

designated EAR99 and is produced by 

any plant or ‘major component’ of a 

plant that is located outside the United 

States, when the plant or ‘major 

component’ of a plant, whether made in 

the United States or a foreign country, 

itself is a ‘‘direct product’’ of U.S.-origin 

‘‘technology’’ or ‘‘software’’ subject to 

the EAR that is specified in any ECCN 

in product groups D or E of the CCL. 

(2) Destination scope of the Russia/ 

Belarus FDP rule. A foreign-produced 

item meets the destination scope of this 

paragraph (f)(2) if there is ‘‘knowledge’’ 

that the foreign-produced item is 

destined to Russia or Belarus or will be 

incorporated into or used in the 

‘‘production’’ or ‘‘development’’ of any 

‘‘part,’’ ‘‘component,’’ or ‘‘equipment’’ 

not designated EAR99 and produced in 

or destined to Russia or Belarus. 

* * * * * 

PART 738—COMMERCE CONTROL 

LIST OVERVIEW AND THE COUNTRY 

CHART 

■ 3. 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. 

■ 4. Supplement no. 1 to part 738 is 

amended by revising the entries for 

‘‘Belarus’’ and ‘‘Russia’’ and footnote 6 

to read as follows: 

SUPPLEMENT NO. 1 TO PART 738—COMMERCE COUNTRY CHART

[Reason for control] 

Countries 

Chemical and 

biological weapons 

Nuclear 

nonproliferation 

National 

security 

Missile 

tech 

Regional 

stability 

Firearms 

convention 

Crime control Anti-terrorism 

CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 CC 1 CC 2 CC 3 AT 1 AT 2 

*******

Belarus 6 .............. X X X X X X X X X X .................. X X .......... .......... ..........

* * * * * * * 

Russia 6 ................ X X X X X X X X X X .................. X X .......... .......... ..........

*******

******* 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 supplement no. 2 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 on the CCL. 

* * * * * 

PART 746—EMBARGOES AND OTHER 

SPECIAL CONTROLS 

■ 5. 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). 

■ 6. Section 746.8 is amended by 

revising paragraphs (a)(1) and (c)(5) to 

read as follows: 

§ 746.8 Sanctions against Russia and 

Belarus. 

(a) * * * 

(1) Items classified in any ECCN on 

the CCL. In addition to license 

requirements specified on the 

Commerce Control List (CCL) in 

supplement no. 1 to part 774 of the EAR 

and in other provisions of the EAR, 

including part 744 and § 746.5, a license 

is required, excluding deemed exports 

and deemed reexports, to export, 

reexport, or transfer (in-country) to or 

within Russia or Belarus any item 

subject to the EAR and specified in any 

Export Control Classification Number 

(ECCN) on the CCL. 

* * * * * 

(c) * * * 

(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). 

* * * * * 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–07937 Filed 4–8–22; 4:15 pm] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0819; FRL–9266–02– 

R9] 

Air Plan Approval; Arizona; Bullhead 

City; Second 10-Year PM10 Limited 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Bullhead City 

portion of the Arizona State 

Implementation Plan (SIP). These 

revisions concern the second 10-year 

maintenance plan for the Bullhead City 

area for the 1987 national ambient air 

quality standards (NAAQS or 

‘‘standards’’) for particulate matter less 

than 10 micrometers in diameter (PM10). 

DATES: This rule will be effective on 

May 16, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0819. All 

documents in the docket are listed on 

the https://www.regulations.gov 


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