21554 Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Rules and Regulations 

1 87 FR 12226 (March 3, 2022). 

2 87 FR 13048 (March 8, 2022). 

3 87 FR 12856 (March 8, 2022). 

4 87 FR 13141 (March 9, 2022). 

5 87 FR 14785 (March 16, 2022). 

6 87 FR 13627 (March 10, 2022). 

(n) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (o)(1) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(o) Related Information 

(1) For more information about this AD, 

contact Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 Stewart 

Ave., Suite 410, Westbury, NY 11590; 

telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. 

(2) Service information identified in this 

AD is available at the contact information 

specified in paragraphs (p)(3) and (4) of this 

AD. 

(3) The subject of this AD is addressed in 

European Union Aviation Safety Agency 

(EASA) AD 2021–0222, dated October 6, 

2021. You may view the EASA AD on the 

internet at https://www.regulations.gov in 

Docket No. FAA–2022–0096. 

(p) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Airbus Helicopters Alert Service 

Bulletin No. AS332–53.02.05, Revision 2, 

dated August 19, 2021. 

(ii) Airbus Helicopters Alert Service 

Bulletin No. AS332–53.02.07, Revision 1, 

dated August 19, 2021. 

(3) For Airbus Helicopters service 

information identified in this AD, contact 

Airbus Helicopters, 2701 N. Forum Drive, 

Grand Prairie, TX, 75052, telephone: (972) 

641–0000; or (800) 232–0323; fax (972) 641– 

3775; or at https://www.airbus.com/ 

helicopters/services/technical-support.html. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on April 5, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–07705 Filed 4–11–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 746 

[Docket No. 220406–0085] 

RIN 0694–AI81 

Additions to the List of Countries 

Excluded From Certain License 

Requirements 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 and to protect U.S. national 

security and foreign policy interests, the 

Department of Commerce established 

highly restrictive license requirements 

and policies for certain transactions 

involving Russia and Belarus under the 

Export Administration Regulations 

(EAR). To recognize partner countries 

implementing substantially similar 

export controls on Russia and Belarus, 

the Department of Commerce published 

a list of countries excluded from certain 

U.S. export controls related to foreignproduced items. In this rule, the 

Department of Commerce adds Iceland, 

Liechtenstein, Norway, and Switzerland 

to the list of excluded countries. 

DATES: This rule is effective 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’’ in the subject 

line. 

SUPPLEMENTARY INFORMATION: 

Background 

In response to Russia’s February 2022 

invasion of Ukraine and Belarus’s 

substantial enabling of Russia’s 

invasion, the Bureau of Industry and 

Security (BIS) imposed extensive export 

controls on Russia and Belarus under 

the Export Administration Regulations 

(15 CFR parts 730–774) (EAR) by 

implementing the final rule, 

Implementation of Sanctions Against 

Russia Under the Export Administration 

Regulations (EAR), effective February 

24, 2022 (‘‘Russia rule’’),1 and four 

subsequent final rules published in 

March 2022: Imposition of Sanctions 

Against Belarus Under the Export 

Administration Regulations (EAR), 

effective March 2, 2022 (‘‘Belarus 

rule’’); 2 Expansion of Sanctions Against 

the Russian Industry Sector Under the 

Export Administration Regulations 

(EAR) (‘‘Industry Sector rule’’); 3 Further 

Imposition of Sanctions Against Russia 

with the Addition of Certain Entities to 

the Entity List (‘‘Russia Entity List 

rule’’); 4 and Imposition of Sanctions on 

‘Luxury Goods’ Destined for Russia and 

Belarus and for Russian and Belarusian 

Oligarchs and Malign Actors Under the 

Export Administration Regulations 

(‘‘Luxury Goods rule’’).5 As described in 

the Russia rule’s preamble, as well as in 

the other March 2022 rules, Russia’s 

invasion of Ukraine and Belarus’s 

enabling of such invasion flagrantly 

violate international law, are contrary to 

U.S. national security and foreign policy 

interests, and undermine global order, 

peace, and security. Accordingly, BIS 

has imposed stringent export controls 

on Russia and Belarus. 

Also in March 2022, BIS published 

Addition to the List of Countries 

Excluded from Certain License 

Requirements under the Export 

Administration Regulations (‘‘South 

Korea exclusion rule’’),6 which added 

South Korea to the list of countries in 

supplement no. 3 to part 746 of the EAR 

that are excluded from certain § 746.8 

license requirements that pertain to 

items destined for Russia or Belarus. 

The countries listed in supplement no. 

3 to part 746 have committed to 

implementing substantially similar 

export controls on Belarus and Russia 

under their domestic laws. Pursuant to 

§ 746.8(a)(5) of the EAR, countries that 

have made such a commitment receive 

full or partial exclusions, as appropriate, 

from the FDP rules’ license 

requirements set forth under 

§ 746.8(a)(2) and (3). Similarly, the 

license requirements in § 746.8(a)(1) are 

not used to determine controlled U.S.- 

content under the EAR’s de minimis 

rules, as set forth in supplement no. 2 

to part 734 of the EAR, provided the 


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Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Rules and Regulations 21555 

criteria in § 746.8(a)(5)(i) and (ii) are 

met. 

Iceland, Liechtenstein, Norway, and 

Switzerland have adopted and 

implemented substantially similar 

measures to those imposed by BIS 

through U.S. export controls on Russia 

and Belarus. In recognition of their 

substantial alignment with U.S. 

controls, BIS adds the four countries to 

supplement no. 3 to part 746 in this rule 

with the designation of ‘‘full.’’ 

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. 

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. BIS anticipates 

this rule will result in a slight decrease 

in the number of estimated license 

applications because this rule provides 

relief from the burden of the new Russia 

rule and Belarus rule requirements that 

would otherwise pertain to items 

produced in, exported or reexported 

from Iceland, Liechtenstein, Norway, or 

Switzerland, or transferred (in-country) 

in either country. Thus, this rule does 

not create a substantive change to OMB 

Control Numbers 0694–0088, 0694– 

0096, or 0607–0152. 

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 in 15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, part 746 of the Export 

Administration Regulations (15 CFR 

parts 730 through 774) is amended as 

follows: 

PART 746—EMBARGOES AND OTHER 

SPECIAL CONTROLS 

■ 1. 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). 

■ 2. Supplement no. 3 to part 746 is 

amended by adding entries for 

‘‘Iceland,’’ ‘‘Liechtenstein,’’ ‘‘Norway,’’ 

and ‘‘Switzerland’’ to the table in 

alphabetical order to read as follows: 

Supplement No. 3 to Part 746— 

Countries Excluded From Certain 

License Requirements of § 746.8 

* * * * * 

Country Scope Federal Register citation 

*******

Iceland ............................................ Full ................................................. 87 FR [INSERT FR PAGE NUMBER AND April 12, 2022]. 

*******

Liechtenstein .................................. Full ................................................. 87 FR [INSERT FR PAGE NUMBER AND April 12, 2022]. 

*******

Norway ........................................... Full ................................................. 87 FR [INSERT FR PAGE NUMBER AND April 12, 2022]. 

*******

Switzerland ..................................... Full ................................................. 87 FR [INSERT FR PAGE NUMBER AND April 12, 2022]. 

*******


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21556 Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Rules and Regulations 

1Though DEA has used the term ‘‘final order’’ 

with respect to temporary scheduling orders in the 

past, this order adheres to the statutory language of 

21 U.S.C. 811(h), which refers to a ‘‘temporary 

scheduling order.’’ No substantive change is 

intended. 

2The Secretary of HHS has delegated to the 

Assistant Secretary for Health of HHS the authority 

to make domestic drug scheduling 

recommendations. 58 FR 35460, July 1, 1993. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–07836 Filed 4–8–22; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–900] 

Schedules of Controlled Substances: 

Temporary Placement of Butonitazene, 

Etodesnitazene, Flunitazene, 

Metodesnitazene, Metonitazene, NPyrrolidino etonitazene, and 

Protonitazene in Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Temporary amendment; 

temporary scheduling order. 

SUMMARY: The Administrator of the Drug 

Enforcement Administration is issuing 

this temporary order to schedule seven 

synthetic benzimidazole-opioid 

substances, as identified in this order, in 

schedule I of the Controlled Substances 

Act. This action is based on a finding by 

the Administrator that the placement of 

these seven substances in schedule I is 

necessary to avoid imminent hazard to 

the public safety. As a result of this 

order, the regulatory controls and 

administrative, civil, and criminal 

sanctions applicable to schedule I 

controlled substances will be imposed 

on persons who handle (manufacture, 

distribute, reverse distribute, import, 

export, engage in research, conduct 

instructional activities or chemical 

analysis with, or possess) or propose to 

handle these seven specified controlled 

substances. 

DATES: This temporary scheduling order 

is effective April 12, 2022, until April 

12, 2024. If this order is extended or 

made permanent, DEA will publish a 

document in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Ph.D., Drug and 

Chemical Evaluation Section, Diversion 

Control Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (571) 362–3249. 

SUPPLEMENTARY INFORMATION: The Drug 

Enforcement Administration (DEA) 

issues a temporary scheduling order 1

(in the form of a temporary amendment) 

to add the following seven substances, 

including their isomers, esters, ethers, 

salts, and salts of isomers, esters, and 

ethers whenever the existence of such 

isomers, esters, ethers, and salts is 

possible, to schedule I under the 

Controlled Substances Act (CSA): 

• 2-(2-(4-butoxybenzyl)-5-nitro-1Hbenzimidazol-1-yl)-N,N-diethylethan-1- 

amine (butonitazene), 

• 2-(2-(4-ethoxybenzyl)-1Hbenzimidazol-1-yl)-N,N-diethylethan-1- 

amine (etodesnitazene; etazene), 

• N,N-diethyl-2-(2-(4-fluorobenzyl)-5- 

nitro-1H-benzimidazol-1-yl)ethan-1- 

amine (flunitazene), 

• N,N-diethyl-2-(2-(4- 

methoxybenzyl)-1H-benzimidazol-1- 

yl)ethan-1-amine (metodesnitazene), 

• N,N-diethyl-2-(2-(4- 

methoxybenzyl)-5-nitro-1Hbenzimidazol-1-yl)ethan-1-amine 

(metonitazene), 

• 2-(4-ethoxybenzyl)-5-nitro-1-(2- 

(pyrrolidin-1-yl)ethyl)-1Hbenzimidazole (N-pyrrolidino 

etonitazene; etonitazepyne), and 

• N,N-diethyl-2-(5-nitro-2-(4- 

propoxybenzyl)-1H-benzimidazol-1- 

yl)ethan-1-amine (protonitazene). 

Legal Authority 

The CSA provides the Attorney 

General (as delegated to the 

Administrator of DEA (Administrator) 

pursuant to 28 CFR 0.100) with the 

authority to temporarily place a 

substance in schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 811(b), if the 

Administrator finds that such action is 

necessary to avoid an imminent hazard 

to the public safety. 21 U.S.C. 811(h)(1). 

In addition, if proceedings to control a 

substance are initiated under 21 U.S.C. 

811(a)(1) while the substance is 

temporarily controlled under section 

811(h), the Administrator may extend 

the temporary scheduling for up to one 

year. 21 U.S.C. 811(h)(2). 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under 21 U.S.C. 812, and if 

there is no exemption or approval in 

effect for the substance under section 

505 of the Federal Food, Drug, and 

Cosmetic Act, 21 U.S.C. 355. 21 U.S.C. 

811(h)(1); 21 CFR part 1308. 

Background 

The CSA requires the Administrator 

to notify the Secretary of the 

Department of Health and Human 

Services (HHS) of an intent to place a 

substance in schedule I of the CSA 

temporarily (i.e., to issue a temporary 

scheduling order). 21 U.S.C. 811(h)(4). 

The then-Acting Administrator 

transmitted the required notice to the 

Assistant Secretary for Health of HHS 

(Assistant Secretary),2 by letter dated 

June 16, 2021, regarding butonitazene, 

etodesnitazene, flunitazene, 

metodesnitazene, metonitazene, and 

protonitazene. In a subsequent letter 

dated August 25, 2021, the 

Administrator transmitted the required 

notice to the Assistant Secretary 

regarding N-pyrrolidino etonitazene. 

The Assistant Secretary responded to 

these notices by letters dated July 7 and 

September 10, 2021, and advised that, 

based on a review by the Food and Drug 

Administration (FDA), there are 

currently no investigational new drug 

applications (INDs) or approved new 

drug applications (NDAs) for 

butonitazene, etodesnitazene, 

flunitazene, metodesnitazene, 

metonitazene, N-pyrrolidino 

etonitazene, and protonitazene. The 

Assistant Secretary also stated that HHS 

had no objection to the temporary 

placement of these substances in 

schedule I of the CSA. 

DEA has taken into consideration the 

Assistant Secretary’s comments as 

required by subsection 811(h)(4). 

Butonitazene, etodesnitazene, 

flunitazene, metodesnitazene, 

metonitazene, N-pyrrolidino 

etonitazene, and protonitazene currently 

are not listed in any schedule under the 

CSA, and no exemptions or approvals 

under 21 U.S.C. 355 are in effect for 

these seven benzimidazole-opioids. 

DEA has found that the control of these 

seven benzimidazole-opioids in 

schedule I on a temporary basis is 

necessary to avoid an imminent hazard 

to the public safety. 

As required by 21 U.S.C. 811(h)(1)(A), 

DEA published a notice of intent (NoI) 

to temporarily schedule butonitazene, 

etodesnitazene, flunitazene, 

metodesnitazene, metonitazene, Npyrrolidino etonitazene, and 

protonitazene on December 7, 2021. 86 

FR 69182. That NoI discussed findings 

from DEA’s three-factor analysis dated 

November 2021, which DEA made 

available on www.regulations.gov. 

To find that temporarily placing a 

substance in schedule I of the CSA is 

necessary to avoid an imminent hazard 

to the public safety, the Administrator 

must consider three of the eight factors 

set forth in 21 U.S.C. 811(c): The 

substance’s history and current pattern 

of abuse; the scope, duration and 

significance of abuse; and what, if any, 


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