Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML); Notifying the Public of the Transfer of Jurisdiction of Certain Technology and Software as a Result of a Vacated March 6, 2020 Injunction, 29189-29190 [2021-11585]
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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
jbell on DSKJLSW7X2PROD with RULES
2021–10–18 Airbus Helicopters
Deutschland GmbH: Amendment 39–
1551; Docket No. FAA–2021–0104;
Project Identifier MCAI–2020–00477–R.
(a) Effective Date
This airworthiness directive (AD) is
effective July 6, 2021.
(b) Affected ADs
None.
VerDate Sep<11>2014
16:41 May 28, 2021
Jkt 253001
(c) Applicability
This AD applies to Airbus Helicopters
Deutschland GmbH Model MBB–BK117 D–2
helicopters, certificated in any category, all
serial numbers, having an affected part
defined in European Union Aviation Safety
Agency (EASA) AD 2020–0084, dated April
3, 2020 (EASA AD 2020–0084).
(d) Subject
Joint Aircraft System Component (JASC)
Code 2700, Flight Control System.
(e) Reason
This AD was prompted by reports that
collective lever switch units having certain
part numbers did not have retaining rings
installed in the cable cut switch guard. The
cable cut switch guard has an axis that holds,
and allows the guard to turn over, the cable
cut switch. This axis is secured with two
retaining rings and if both retaining rings are
missing, the axis can move out. The FAA is
issuing this AD to address this condition,
which could cause inadvertent activation of
the rescue hoist cable cut function, resulting
in personal injury.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2020–0084.
(h) Exceptions to EASA AD 2020–0084
(1) Where EASA AD 2020–0084 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0084 does not apply to this AD.
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the helicopter to a location where
the helicopter can be modified (if the
operator elects to do so), provided the
helicopter is not used for hoist operations.
(j) 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 (k) 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.
(k) Related Information
For more information about this AD,
contact Hal Jensen, Aerospace Engineer,
PO 00000
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29189
Operational Safety Branch, FAA, 950
L’Enfant Plaza SW, Washington, DC 20024;
telephone 202–267–9167; email hal.jensen@
faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) 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 this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0084, dated April 3, 2020.
(ii) [Reserved]
(3) For EASA AD 2020–0084, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(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. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0104.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on May 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–11391 Filed 5–28–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732 and 734
[Docket No. 210527–0116]
RIN 0694–AF47
Control of Firearms, Guns,
Ammunition and Related Articles the
President Determines No Longer
Warrant Control Under the United
States Munitions List (USML);
Notifying the Public of the Transfer of
Jurisdiction of Certain Technology and
Software as a Result of a Vacated
March 6, 2020 Injunction
Bureau of Industry and
Security, Department of Commerce.
ACTION: Notification of vacated court
order.
AGENCY:
E:\FR\FM\01JNR1.SGM
01JNR1
29190
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
The Bureau of Industry and
Security (BIS) is publishing this
notification to the public concerning the
transfer of jurisdiction of certain
‘‘software’’ and ‘‘technology’’ as a result
of action by the Court of Appeals for the
Ninth Circuit vacating a March 6, 2020
preliminary injunction by the district
court 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). Pursuant to that
decision, issued on April 27, 2021, the
mandate of the Ninth Circuit was issued
on May 26, 2021 and district court’s
injunction was vacated. This notice also
includes guidance to persons with
technology or software that was
previously retained on the U.S.
Munitions List (USML) and controlled
under the International Traffic in Arms
Regulations (ITAR) pursuant to the
March 6 district court order, but which
is now subject to the jurisdiction of the
Export Administration Regulations
(EAR).
DATES: The district court injunction of
March 6, 2020 was vacated on May 26,
2021. As of May 26, 2021, the
‘‘technology’’ and ‘‘software’’ that meets
the criteria in section 734.7(c) is
‘‘subject to the EAR’’ and is no longer
controlled under the ITAR.
FOR FURTHER INFORMATION CONTACT:
Steven Clagett, Office of
Nonproliferation Controls and Treaty
Compliance, Nuclear and Missile
Technology Controls Division, tel. (202)
482–1641 or email steven.clagett@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jbell on DSKJLSW7X2PROD with RULES
Court Order of March 6, 2020
On March 6, 2020, the U.S. District
Court for the Western District of
Washington issued an order
preliminarily enjoining the U.S.
Department of State from implementing
or enforcing the final rule entitled
International Traffic In Arms
Regulations: 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 firearms or firearm parts
using a 3D-printer or similar
equipment.’’ Washington v. U.S. Dep’t
of State (Case No. 2:20–cv–00111–RAJ).
Court Order of March 6, 2020 Vacated
by Ninth Circuit Decision Issued on
April 27, 2021
On April 27, 2021, a panel of the
United States Court of Appeals for the
Ninth Circuit (Case No. 20–35391)
issued a decision that vacated the
district court’s order enjoining the
VerDate Sep<11>2014
16:41 May 28, 2021
Jkt 253001
Department of State’s Final Rule
removing 3D-printed guns and their
associated files from the USML;
however, the preliminary injunction
remained in effect until the mandate of
the Ninth Circuit for this decision was
issued on May 26, 2021. Until the entry
of the mandate, all persons engaged in
manufacturing, exporting, temporarily
importing, brokering, or furnishing
defense services related to ‘technical
data and software directly related to the
production of firearms or firearm parts
using a 3D-printer or similar equipment’
were required to treat such technical
data and software as listed on the USML
and controlled by the ITAR.
On May 26, 2021, the mandate of the
Ninth Circuit was issued, and the
entirety of the Department of State’s
final rule published in the Federal
Register at 85 FR 3819 went into effect.
As a result of the vacatur of the
injunction, any request for licenses of
‘‘technology’’ and ‘‘software’’ that fall
under the U.S. Department of Commerce
regulations, 15 CFR 732.2(b) and
734.7(c) (added by the Commerce
January 23, 2020 rule, entitled Control
of Firearms, Guns, Ammunition and
Related Articles the President
Determines No Longer Warrant Control
Under the USML; 85 FR 4136, Jan. 23,
2020), should be directed to the U.S.
Department of Commerce because this
‘‘technology’’ and ‘‘software’’ are subject
to the Export Administration
Regulations (EAR).
BIS strongly encourages any person
with ‘‘technology’’ or ‘‘software’’ that
may meet the criteria in section 734.7(c)
of the EAR to review those provisions in
the Commerce January 23, 2020 rule
closely, as well as all other applicable
EAR provisions. In anticipation of the
dismissal of the case, BIS updated
Frequently Asked Questions (FAQs)
posted on the BIS website to add twelve
FAQs to assist public understanding of
section 734.7(c), including addressing
application questions. These FAQs are
available on the BIS website at https://
www.bis.doc.gov/index.php/documents/
policy-guidance/2572-faqs-for-thecommerce-category-i-iii-firearms-ruleposted-on-bis-website-7-7-20/file. For
instance, those FAQs make clear that a
BIS license is required prior to posting
on the internet of ‘‘any file, including
any CAD file, that can be processed by
a software program into an electronic
format, such as a CAM file, with no or
minimal additional information or
manipulation from the operator(s), and
that . . . once converted will be in an
executable code for the production of a
firearm frame or receiver or complete
firearm.’’
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
BIS also strongly encourages any
person with questions regarding section
734.7(c), which they believe are not
addressed sufficiently in the FAQs on
the BIS website, to contact BIS for
additional guidance. See the BIS contact
information under the For Further
Information Contact section of this
notice. In addition, if a person is unsure
whether the criteria of section 734.7(c)
are met, including whether the
‘‘technology’’ or ‘‘software’’ is ready for
insertion into a computer numerically
controlled machine tool, additive
manufacturing equipment, or any other
equipment, persons with such
‘‘technology’’ or ‘‘software’’ can submit
an official classification request to BIS
using the free online submission system,
called SNAP–R, available on the BIS
website, to receive an official
classification of the ‘‘technology’’ or
‘‘software.’’ For additional information
on SNAP–R, see https://
www.bis.doc.gov/index.php/licensing/
simplified-network-application-processredesign-snap-r/getting-started-withsnap-r. The person submitting the
official classification should note in the
classification request that the
classification is being submitted to
determine whether the ‘‘technology’’ or
‘‘software’’ meets the criteria in section
734.7(c).
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–11585 Filed 5–27–21; 4:15 pm]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210514–0106]
RIN 0694–AI49
Addition of Entities, Revision of
Entries, and Removal of Entity From
the Entity List; and Revision of Entry
and Removal of Entity From the
Military End-User List (MEU)
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) by adding eight entities to the
Entity List. These eight entities have
been determined by the U.S.
Government to be acting contrary to the
national security or foreign policy
interests of the United States. These
SUMMARY:
E:\FR\FM\01JNR1.SGM
01JNR1
]]>Agencies
[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Rules and Regulations]
[Pages 29189-29190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11585]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732 and 734
[Docket No. 210527-0116]
RIN 0694-AF47
Control of Firearms, Guns, Ammunition and Related Articles the
President Determines No Longer Warrant Control Under the United States
Munitions List (USML); Notifying the Public of the Transfer of
Jurisdiction of Certain Technology and Software as a Result of a
Vacated March 6, 2020 Injunction
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Notification of vacated court order.
-----------------------------------------------------------------------
[[Page 29190]]
SUMMARY: The Bureau of Industry and Security (BIS) is publishing this
notification to the public concerning the transfer of jurisdiction of
certain ``software'' and ``technology'' as a result of action by the
Court of Appeals for the Ninth Circuit vacating a March 6, 2020
preliminary injunction by the district court 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). Pursuant to that decision, issued on
April 27, 2021, the mandate of the Ninth Circuit was issued on May 26,
2021 and district court's injunction was vacated. This notice also
includes guidance to persons with technology or software that was
previously retained on the U.S. Munitions List (USML) and controlled
under the International Traffic in Arms Regulations (ITAR) pursuant to
the March 6 district court order, but which is now subject to the
jurisdiction of the Export Administration Regulations (EAR).
DATES: The district court injunction of March 6, 2020 was vacated on
May 26, 2021. As of May 26, 2021, the ``technology'' and ``software''
that meets the criteria in section 734.7(c) is ``subject to the EAR''
and is no longer controlled under the ITAR.
FOR FURTHER INFORMATION CONTACT: Steven Clagett, Office of
Nonproliferation Controls and Treaty Compliance, Nuclear and Missile
Technology Controls Division, tel. (202) 482-1641 or email
[email protected].
SUPPLEMENTARY INFORMATION:
Court Order of March 6, 2020
On March 6, 2020, the U.S. District Court for the Western District
of Washington issued an order preliminarily enjoining the U.S.
Department of State from implementing or enforcing the final rule
entitled International Traffic In Arms Regulations: 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 firearms or firearm parts using a
3D-printer or similar equipment.'' Washington v. U.S. Dep't of State
(Case No. 2:20-cv-00111-RAJ).
Court Order of March 6, 2020 Vacated by Ninth Circuit Decision Issued
on April 27, 2021
On April 27, 2021, a panel of the United States Court of Appeals
for the Ninth Circuit (Case No. 20-35391) issued a decision that
vacated the district court's order enjoining the Department of State's
Final Rule removing 3D-printed guns and their associated files from the
USML; however, the preliminary injunction remained in effect until the
mandate of the Ninth Circuit for this decision was issued on May 26,
2021. Until the entry of the mandate, all persons engaged in
manufacturing, exporting, temporarily importing, brokering, or
furnishing defense services related to `technical data and software
directly related to the production of firearms or firearm parts using a
3D-printer or similar equipment' were required to treat such technical
data and software as listed on the USML and controlled by the ITAR.
On May 26, 2021, the mandate of the Ninth Circuit was issued, and
the entirety of the Department of State's final rule published in the
Federal Register at 85 FR 3819 went into effect.
As a result of the vacatur of the injunction, any request for
licenses of ``technology'' and ``software'' that fall under the U.S.
Department of Commerce regulations, 15 CFR 732.2(b) and 734.7(c) (added
by the Commerce January 23, 2020 rule, entitled Control of Firearms,
Guns, Ammunition and Related Articles the President Determines No
Longer Warrant Control Under the USML; 85 FR 4136, Jan. 23, 2020),
should be directed to the U.S. Department of Commerce because this
``technology'' and ``software'' are subject to the Export
Administration Regulations (EAR).
BIS strongly encourages any person with ``technology'' or
``software'' that may meet the criteria in section 734.7(c) of the EAR
to review those provisions in the Commerce January 23, 2020 rule
closely, as well as all other applicable EAR provisions. In
anticipation of the dismissal of the case, BIS updated Frequently Asked
Questions (FAQs) posted on the BIS website to add twelve FAQs to assist
public understanding of section 734.7(c), including addressing
application questions. These FAQs are available on the BIS website at
https://www.bis.doc.gov/index.php/documents/policy-guidance/2572-faqs-for-the-commerce-category-i-iii-firearms-rule-posted-on-bis-website-7-7-20/file. For instance, those FAQs make clear that a BIS license is
required prior to posting on the internet of ``any file, including any
CAD file, that can be processed by a software program into an
electronic format, such as a CAM file, with no or minimal additional
information or manipulation from the operator(s), and that . . . once
converted will be in an executable code for the production of a firearm
frame or receiver or complete firearm.''
BIS also strongly encourages any person with questions regarding
section 734.7(c), which they believe are not addressed sufficiently in
the FAQs on the BIS website, to contact BIS for additional guidance.
See the BIS contact information under the For Further Information
Contact section of this notice. In addition, if a person is unsure
whether the criteria of section 734.7(c) are met, including whether the
``technology'' or ``software'' is ready for insertion into a computer
numerically controlled machine tool, additive manufacturing equipment,
or any other equipment, persons with such ``technology'' or
``software'' can submit an official classification request to BIS using
the free online submission system, called SNAP-R, available on the BIS
website, to receive an official classification of the ``technology'' or
``software.'' For additional information on SNAP-R, see https://www.bis.doc.gov/index.php/licensing/simplified-network-application-process-redesign-snap-r/getting-started-with-snap-r. The person
submitting the official classification should note in the
classification request that the classification is being submitted to
determine whether the ``technology'' or ``software'' meets the criteria
in section 734.7(c).
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-11585 Filed 5-27-21; 4:15 pm]
BILLING CODE 3510-33-P
