International Traffic in Arms Regulations: U.S. Munitions List Categories; Preliminary Injunction Vacated by a Federal Court of Appeals
| Published date | 01 June 2021 |
| Citation | 86 FR 29196 |
| Record Number | 2021-11536 |
| Section | Rules and Regulations |
| Court | State Department |
29196
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
§ 242.600 [Corrected]
■On page 18810, in the first column,
Instruction 8.w. is added to read as
follows: ‘‘w. Amending newly
redesignated paragraph (b)(7)(i) by
removing the text ‘‘paragraph (b)(4) of
this section’’ and adding in its place
‘‘paragraph (b)(6) of this section’’.’’
Dated: May 24, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021–11282 Filed 5–28–21; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
22 CFR Parts 121, 123, 124, 126, and
129
[Public Notice: 11434]
International Traffic in Arms
Regulations: U.S. Munitions List
Categories; Preliminary Injunction
Vacated by a Federal Court of Appeals
AGENCY
: Department of State.
ACTION
: Notification of vacatur of a prior
preliminary injunction.
SUMMARY
: The U.S. Department of State
(the Department) is issuing this
document to inform the public of the
vacatur of a preliminary injunction
previously ordered by a federal district
court on March 6, 2020. As a result of
the vacatur, the Department’s previously
issued final rule of January 23, 2020,
goes into full effect. Therefore, software
and technical data related to 3–D
printing of firearms or components
transferred to the Export Administration
Regulations (EAR), administered by the
Department of Commerce now is
exclusively controlled by the EAR.
DATES
: The court order vacating the
preliminary injunction took effect May
26, 2021.
FOR FURTHER INFORMATION CONTACT
: For
technical questions only: Sarah
Heidema, Office of Defense Trade
Controls Policy, Department of State,
telephone (202) 663–2809; email
DDTCPublicComments@state.gov.
SUPPLEMENTARY INFORMATION
: On
January 23, 2020, the Department
published a final rule in the Federal
Register at 85 FR 3819 (RIN 1400–AE30)
that amended the International Traffic
in Arms Regulations (ITAR) to revise
Categories I, II, and III of the U.S.
Munitions List (USML) and remove
certain items that no longer warrant
control. On the same date, the
Department of Commerce published a
companion final rule in the Federal
Register at 85 FR 4136 (RIN 0694–AF47)
that made conforming changes to the
Export Administration Regulations
(EAR) to control the export of certain
commodities, software, and technology
removed from the USML. These final
rules were set to be effective March 9,
2020.
On March 6, 2020, in response to a
lawsuit filed by several U.S. States, the
U.S. District Court for the Western
District of Washington (Civil Action No.
2:20–cv–00111), issued an order
preliminarily enjoining part of the
Department’s final rule. More
specifically, the order enjoined the
Department ‘‘from implementing or
enforcing the regulation entitled
International Traffic in Arms
Regulation: U.S. Munitions List
Categories I, II, and III, 85 FR 3819 (Jan.
23, 2020) insofar as it alters the status
quo restrictions on technical data and
software directly related to the
production of firearm and firearm parts
using a 3D-printer or similar
equipment.’’ As the text of the order
explained, and as was similarly
described in a document published on
April 2, 2020 at 85 FR 18445, the court’s
order required the Department to
maintain certain technical data controls
in the USML related to producing 3–D
printed firearms or firearm parts;
however, other parts of the subject final
rule were allowed to go into effect,
including the removal of certain
tangible firearms from the USML, which
the Department of Commerce then
began to regulate for export under its
EAR.
However, on May 26, 2021, the U.S.
Court of Appeals for the Ninth Circuit
issued its mandate in Washington v.
U.S. Dep’t of State, No. 20–35391, 2021
WL 1621320, 2021 U.S. App. LEXIS
12448 (9th Cir. Apr. 27, 2021), vacating
the preliminary injunction previously
entered by the U.S. District Court for the
Western District of Washington on
March 6, 2020.
As a result, the remainder of the
Department’s subject final rule at 85 FR
3819 has now gone into effect. The
Department therefore no longer
regulates the export of certain kinds of
technical data as described in its
previous Federal Register document of
April 2, 2020 at 85 FR 18445. Now, the
EAR, administered by the Department of
Commerce, exclusively controls the
export of all commodities, software, and
technology described in its final rule at
85 FR 4136 on January 23, 2020. For
questions about that rule, please contact
the Department of Commerce’s Bureau
of Industry and Security or visit its
website at https://www.bis.doc.gov/.
Michael F. Miller,
Deputy Assistant Secretary of State for
Defense Trade Controls, Department of State.
[FR Doc. 2021–11536 Filed 5–27–21; 4:15 pm]
BILLING CODE 4710–08–P
FEDERAL MEDIATION AND
CONCILIATION SERVICE
29 CFR Part 1473
Recission of Federal Mediation and
Conciliation Rule on Administrative
Guidance
AGENCY
: Federal Mediation and
Conciliation Service.
ACTION
: Final rule; rescission of
regulations.
SUMMARY
: On April 20, 2020, the
Federal Mediation and Conciliation
Service (FMCS) published a final rule
on administrative guidance
implementing an Executive order
entitled ‘‘Promoting the Rule of Law
Through Improved Agency Guidance
Documents,’’ and providing policy and
requirements for issuing, modifying,
withdrawing, and using guidance; and
taking and responding to petitions about
guidance. In accordance with the
‘‘Executive Order on Revocation of
Certain Executive Orders Concerning
Federal Regulation,’’ issued by
President Biden on January 20, 2021,
this final rule rescinds FMCS’s rule on
guidance.
DATES
: This final rule is effective June
1, 2021.
FOR FURTHER INFORMATION CONTACT
:
Alisa Silverman, Attorney-Advisor,
Office of General Counsel, Federal
Mediation and Conciliation Service, 250
E St. SW, Washington, DC 20427;
Office/Fax/Mobile 202–606–5488;
asilverman@fmcs.gov.
SUPPLEMENTARY INFORMATION
:
I. Discussion
On April 20, 2020, at 85 FR 21770, the
Federal Mediation and Conciliation
Service (FMCS) published a final rule
on administrative guidance
implementing E.O. 13891, ‘‘Promoting
the Rule of Law Through Improved
Agency Guidance Documents,’’ signed
by President Trump on October 9, 2019.
As required by the E.O., this rule
contained policy and requirements for
issuing, modifying, withdrawing, and
using guidance; making guidance
available to the public; a notice and
comment process for significant
VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\01JNR1.SGM 01JNR1
jbell on DSKJLSW7X2PROD with RULES
