Recission of Federal Mediation and Conciliation Rule on Administrative Guidance

• Published date: 01 June 2021
• Citation: 86 FR 29196
• Record Number: 2021-11204
• Section: Rules and Regulations
• Court: Federal Mediation And Conciliation Service

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

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29197

Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations

guidance; and taking a responding to

petitions about guidance.

On January 20, 2021, President Biden

issued the ‘‘Executive Order on

Revocation of Certain Executive Orders

Concerning Federal Regulation’’ which,

among other things, revoked E.O. 13891

and directed agencies to promptly take

steps to rescind any orders, rules,

regulations, guidelines, or policies, or

portions thereof, implementing or

enforcing the Executive Orders. In

accordance with E.O. 13992, FMCS is

issuing this final rule, which rescinds

the rule on procedures for FMCS

guidance documents published April

20, 2020.

II. Final Rule

FMCS has determined that this rule is

suitable for final rulemaking. The

revisions to FMCS’ policies and

requirements surrounding

administrative guidance are purely

internal matters of agency management,

as well as the agency’s organization,

procedure, and practice. Accordingly, as

with the April 20, 2020, final rule,

FMCS is not required to engage in a

notice and comment process to issue

this rule under the Administrative

Procedures Act, See U.S.C. 553(a)(2),

553(b)(A). Furthermore, because this

rule is procedural rather than

substantive, the normal requirement of

5 U.S.C. 553(d) that a rule not be

effective until at least 30 days after

publication in the Federal Register is

inapplicable. FMCS also finds good

cause to provide an immediate effective

date for this rule because it imposes no

obligations on parties outside the

federal government and therefore no

advance notice is required to enable

employers or other private parties to

come into compliance.

List of Subjects in 29 CFR Part 1473

Administrative practice and

procedure, Guidance documents.

PART 1473—[REMOVED]

■For the reasons discussed in the

preamble, and under the authority 29

U.S.C. 172 of Taft Harley Act of 1947

and E.O. 13992, FMCS amends 29 CFR

chapter XII by removing part 1473.

Issued in Washington, DC

Sarah Cudahy,

General Counsel.

[FR Doc. 2021–11204 Filed 5–28–21; 8:45 am]

BILLING CODE P

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 525

Burma Sanctions Regulations

AGENCY

: Office of Foreign Assets

Control, Treasury.

ACTION

: Final rule.

SUMMARY

: The Department of the

Treasury’s Office of Foreign Assets

Control (OFAC) is adding regulations to

implement a February 10, 2021 Burma-

related Executive order. OFAC intends

to supplement these regulations with a

more comprehensive set of regulations,

which may include additional

interpretive and definitional guidance,

general licenses, and other regulatory

provisions.

DATES

: This rule is effective June 1,

2021.

FOR FURTHER INFORMATION CONTACT

:

OFAC: Assistant Director for Licensing,

202–622–2480; Assistant Director for

Regulatory Affairs, 202–622–4855; or

Assistant Director for Sanctions

Compliance & Evaluation, 202–622–

2490.

SUPPLEMENTARY INFORMATION

:

Electronic Availability

This document and additional

information concerning OFAC are

available on OFAC’s website:

www.treasury.gov/ofac.

Background

On February 10, 2021, the President,

invoking the authority of, inter alia, the

International Emergency Economic

Powers Act (50 U.S.C. 1701–1706)

(IEEPA), issued Executive Order (E.O.)

14014 of February 10, 2021, ‘‘Blocking

Property With Respect to the Situation

in Burma’’ (86 FR 9429, February 12,

2021).

In E.O. 14014, the President

determined that the situation in and in

relation to Burma, and in particular the

February 1, 2021 coup, in which the

military overthrew the democratically

elected civilian government of Burma

and unjustly arrested and detained

government leaders, politicians, human

rights defenders, journalists, and

religious leaders, thereby rejecting the

will of the people of Burma as expressed

in elections held in November 2020 and

undermining the country’s democratic

transition and rule of law, constitutes an

unusual and extraordinary threat to the

national security and foreign policy of

the United States and declared a

national emergency to deal with that

threat.

OFAC is issuing the Burma Sanctions

Regulations, 31 CFR part 525 (the

‘‘Regulations’’), to implement E.O.

14014, pursuant to authorities delegated

to the Secretary of the Treasury in E.O.

14014. A copy of E.O. 14014 appears in

appendix A to this part.

The Regulations are being published

in abbreviated form at this time for the

purpose of providing immediate

guidance to the public. OFAC intends to

supplement this part 525 with a more

comprehensive set of regulations, which

may include additional interpretive and

definitional guidance, general licenses,

and other regulatory provisions. The

appendix to the Regulations will be

removed when OFAC supplements this

part with a more comprehensive set of

regulations.

Public Participation

Because the Regulations involve a

foreign affairs function, the provisions

of E.O. 12866 of September 30, 1993,

‘‘Regulatory Planning and Review’’ (58

FR 51735, October 4, 1993), and the

Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed

rulemaking, opportunity for public

participation, and delay in effective date

are inapplicable. Because no notice of

proposed rulemaking is required for this

rule, the Regulatory Flexibility Act (5

U.S.C. 601–612) does not apply.

Paperwork Reduction Act

The collections of information related

to the Regulations are contained in 31

CFR part 501 (the ‘‘Reporting,

Procedures and Penalties Regulations’’).

Pursuant to the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507), those

collections of information have been

approved by the Office of Management

and Budget under control number 1505–

0164. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information

displays a valid control number.

List of Subjects in 31 CFR Part 525

Administrative practice and

procedure, Banks, banking, Blocking of

assets, Burma, Foreign trade, Penalties,

Reporting and recordkeeping

requirements, Sanctions, Services.

■For the reasons set forth in the

preamble, OFAC adds part 525 to 31

CFR chapter V to read as follows:

PART 525—BURMA SANCTIONS

REGULATIONS

Subpart A—Relation of This Part to Other

Laws and Regulations

Sec.

525.101 Relation of this part to other laws

and regulations.

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