International Traffic in Arms Regulations: U.S. Munitions List Categories; Preliminary Injunction Vacated by a Federal Court of Appeals, 29196 [2021-11536]

Download as PDF 29196 § 242.600 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations [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 Department of State. Notification of vacatur of a prior preliminary injunction. AGENCY: ACTION: 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) jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 Federal Mediation and Conciliation Service. ACTION: Final rule; rescission of regulations. AGENCY: 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: SUMMARY: 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 E:\FR\FM\01JNR1.SGM 01JNR1

Agencies

[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Rules and Regulations]
[Page 29196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11536]


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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 [email protected].

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
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