International Traffic in Arms Regulations: Notification of Temporary Suspensions, Modifications, and Exceptions to Regulations, 30778-30779 [2021-12206]

Download as PDF 30778 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations Paperwork Reduction Act of 1995 This action does not impose a new collection of information under the Paperwork Reduction Act of 1995. 44 U.S.C. 3501–3521. This action would not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Determination To Make Rule Effective Immediately As indicated above, this rule finalizes the schedule I control status of NM2201, 5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, and 5FCUMYL-P7AICA that has already been in effect for over two and a half years by virtue of the July 10, 2018, temporary scheduling order (83 FR 31877) and the subsequent one-year extension of that order (July 13, 2020, 85 FR 42296). The July 2018 order was effective on the date of publication, and was based on findings by the then-Acting Administrator that the temporary scheduling of these substances was necessary to avoid an imminent hazard to the public safety pursuant to 21 U.S.C. 811(h)(1). Because this rule finalizes the control status of NM2201, 5F-AB-PINACA, 4CN-CUMYL-BUTINACA, MMBCHMICA, and 5F-CUMYL-P7AICA that has already been in effect for over two and a half years, it does not alter the legal obligations of any person who handles these substances. Rather, it merely makes permanent the current scheduling status and corresponding legal obligations. Therefore, DEA is making the rule effective on the date of publication in the Federal Register, as any delay in the effective date is unnecessary and would be contrary to the public interest. See 5 U.S.C. 553(d). List of Subjects in 21 CFR Part 1308 Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements. For the reasons set out above, 21 CFR part 1308 is amended as follows: PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for 21 CFR part 1308 continues to read as follows: ■ Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted. 2. In § 1308.11, a. Add paragraphs (d)(81) through (d)(85); and ■ b. Remove and reserve paragraphs (h)(31) through (35); The additions read as follows: ■ ■ § 1308.11 * Schedule I. * * (d) * * * * * (81) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (Other names: NM2201; CBL2201) .................................................... (82) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other name: 5F-AB-PINACA) ................. (83) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (Other names: 4-CN-CUMYL-BUTINACA; 4-cyanoCUMYL-BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78) ................................................................................... (84) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA) (85) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide (Other name: 5F-CUMYL-P7AICA) .......... * * * * * D. Christopher Evans, Acting Administrator. [FR Doc. 2021–11974 Filed 6–9–21; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF STATE 22 CFR Part 120 [Public Notice: 11443] International Traffic in Arms Regulations: Notification of Temporary Suspensions, Modifications, and Exceptions to Regulations Department of State. Extension of temporary suspensions, modifications, and exceptions. AGENCY: ACTION: The Department of State is issuing this document to inform the public of a third extension to temporary suspensions, modifications, and exceptions to certain provisions of the International Traffic in Arms Regulations (ITAR) to provide for continued telework operations during the current SARS–COV2 public health emergency. This action is taken in order to ensure continuity of operations khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:59 Jun 09, 2021 Jkt 253001 among members of the regulated community. DATES: This document is issued June 10, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Office of Defense Trade Controls Policy, U.S. Department of State, telephone (202) 663–1809, or email ddtccustomerservice@state.gov. ATTN: Extension of Suspension, Modification, and Exception— Telework. SUPPLEMENTARY INFORMATION: In March 2020 a national emergency was declared as a result of the COVID–19 pandemic. On May 1, 2020, the Department of State (the Department) published in the Federal Register a notification of certain temporary suspensions, modifications, and exceptions to the ITAR, that were necessary to ensure continuity of operations within the Directorate of Defense Trade Controls (DDTC) and among entities registered with DDTC pursuant to part 122 of the ITAR (85 FR 25287). These actions were taken pursuant to ITAR § 126.2, which allows for the temporary suspension or modification of provisions of the ITAR, and ITAR § 126.3, which allows for exceptions to provisions of the ITAR. These actions were taken in the interest of the security and foreign policy of the United States and were warranted due PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 7221 7025 7089 7044 7085 to the exceptional and undue hardships and risks to safety caused by the public health emergency related to the SARS– COV2 pandemic. Subsequently, on June 10, 2020 (85 FR 35376), the Department published in the Federal Register a request for comment from the regulated community regarding the efficacy and termination dates of the temporary suspensions, modifications, and exceptions provided in 85 FR 25287, and requesting comment as to whether additional measures should be considered in response to the public health crisis. Of the four temporary suspensions, modifications, and exceptions to the ITAR announced in the May 1 notification referenced above, DDTC reviewed the public comments and decided to extend two measures until December 31, 2020: (1) ITAR § 120.39(a)(2) allowance for remote work; and (2) authorization to allow remote work under technical assistance agreement, manufacturing agreement, or exemption. Based upon continued public health recommendations and as informed by responses to the request for public comment in June 2020, it is apparent to DDTC that regulated entities will continue to engage in telework for the foreseeable future. Many commenters, E:\FR\FM\10JNR1.SGM 10JNR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations one industry association, and several individual entities endorsed the telework provisions and requested that these measures be extended, potentially indefinitely. DDTC agreed and extended the two measures because DDTC believed that a failure to extend the temporary suspensions, modifications, and exceptions would have a negative impact on regulated entities’ ability to safely engage in continued operations in the midst of the ongoing global public health emergency. Based upon the comments received and DDTC’s experience over the course of the pandemic, it is apparent that these measures support the current work environment and are expected to remain relevant in a post-pandemic environment. Although the Department is of the opinion that the notice and comment requirements of the Administrative Procedure Act are not applicable, in addition to the efforts described above, the Department published a notice of proposed rulemaking (NPRM) (86 FR 28503, May 27, 2021), to solicit comments to proposed revisions to the ITAR provisions related to remote work. DDTC is seeking in this proposed rule to adapt to the new reality of how the regulated community is working and will work in the future. DDTC’s position is consistent with the Arms Export Control Act and informed by the regulated community’s comments and DDTC’s assessment of the security requirements appropriate for ITARcontrolled technical data. The NPRM is entitled ‘‘Amendment to the International Traffic in Arms Regulations: Regular Employee’’ (RIN 1400–AF17). In the interest of ensuring sufficient time to adequately address comments and prepare publication of a final rule, and to ensure there is no disruption of regulated entities’ ability to safely engage in continued operations, DDTC is modifying and extending these temporary suspensions, modifications, and exceptions until it publishes a final rule for RIN 1400– AF17; the Department intends to terminate the temporary actions announced herein in that Federal Register publication. DDTC notes that the text of the temporary suspensions, modifications, and exceptions below differs slightly from that of the prior two documents in that specific reference to Russia has been removed from the clause ‘‘so long as the individual is not located in a country listed in ITAR § 126.1.’’ By rulemaking of March 18, 2021, DDTC amended ITAR § 126.1 to include Russia (86 FR 14802), thereby making specific reference here unnecessary. VerDate Sep<11>2014 15:59 Jun 09, 2021 Jkt 253001 Pursuant to ITAR §§ 126.2 and 126.3, in the interest of the security and foreign policy of the United States and as warranted by the exceptional and undue hardships and risks to safety caused by the public health emergency related to the SARS–COV2 pandemic, notice is provided that the following temporary suspensions, modifications, and exceptions are being extended as follows: 1. As of March 13, 2020, a temporary suspension, modification, and exception to the requirement that a regular employee, for purposes of ITAR § 120.39(a)(2), work at the company’s facilities, to allow the individual to work at a remote work location, so long as the individual is not located in a country listed in ITAR § 126.1. The Department will terminate this suspension, modification, and exception by publication of a document in the Federal Register. 2. As of March 13, 2020, a temporary suspension, modification, and exception to authorize regular employees of licensed entities who are working remotely in a country not currently authorized by a technical assistance agreement, manufacturing license agreement, or exemption to send, receive, or access any technical data authorized for export, reexport, or retransfer to their employer via a technical assistance agreement, manufacturing license agreement, or exemption so long as the regular employee is not located in a country listed in ITAR § 126.1. The Department will terminate this suspension, modification, and exception by publication of a document in the Federal Register. This document makes no other revision to the document published at 85 FR 25287, nor does it make any other temporary suspension, modification, or exception to the requirements of the ITAR. (Authority: 22 CFR 126.2 and 126.3) Michael F. Miller, Deputy Assistant Secretary for Defense Trade Controls, U.S. Department of State. [FR Doc. 2021–12206 Filed 6–9–21; 8:45 am] BILLING CODE 4710–25–P PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 30779 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 5, 91, 92, 570, 574, 576, 903 [Docket No. FR–6249–I–01] RIN 2529–AB01 Restoring Affirmatively Furthering Fair Housing Definitions and Certifications Office of Fair Housing and Equal Opportunity, HUD. ACTION: Interim final rule; request for comments. AGENCY: The Department of Housing and Urban Development (HUD) publishes this interim final rule to restore certain definitions and certifications that have been through notice-and-comment scrutiny and that are grounded in legal precedent to its regulations implementing the Fair Housing Act’s requirement to affirmatively further fair housing (AFFH) and reinstate a process by which HUD will provide technical assistance and other support to funding recipients who are engaged in fair housing planning to support their certifications. No program participant will be required to participate in this process, which is for the benefit of those who want assistance in fulfilling their statutory obligations. HUD will provide these services prior to the effective date of this interim final rule. HUD determined that it is necessary for this narrowly focused rule to go into effect on July 31, 2021, because HUD funding recipients must certify compliance with their duty to AFFH on an annual basis and HUD itself has a continuous statutory obligation to ensure that the Fair Housing Act’s AFFH obligations are followed. HUD finds that the definitions in the current regulation, which was promulgated in 2020 without noticeand-comment procedures, are at odds with the statutory AFFH duty as described in decades of judicial precedent and agency practice. This risks confusing funding recipients, who are certifying compliance with a regulatory definition that does not in fact satisfy their statutory AFFH obligation. While HUD therefore has determined that this rule will go into effect on July 31, it nonetheless solicits comments on this action so that it may consider public views before the effective date. HUD promulgates this interim final rule to ensure that program participants have regulatory certainty, while delaying the effective date long enough to provide time for HUD to SUMMARY: E:\FR\FM\10JNR1.SGM 10JNR1

Agencies

[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Rules and Regulations]
[Pages 30778-30779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12206]


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DEPARTMENT OF STATE

22 CFR Part 120

[Public Notice: 11443]


International Traffic in Arms Regulations: Notification of 
Temporary Suspensions, Modifications, and Exceptions to Regulations

AGENCY: Department of State.

ACTION: Extension of temporary suspensions, modifications, and 
exceptions.

-----------------------------------------------------------------------

SUMMARY: The Department of State is issuing this document to inform the 
public of a third extension to temporary suspensions, modifications, 
and exceptions to certain provisions of the International Traffic in 
Arms Regulations (ITAR) to provide for continued telework operations 
during the current SARS-COV2 public health emergency. This action is 
taken in order to ensure continuity of operations among members of the 
regulated community.

DATES: This document is issued June 10, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Office of Defense 
Trade Controls Policy, U.S. Department of State, telephone (202) 663-
1809, or email [email protected]. ATTN: Extension of 
Suspension, Modification, and Exception--Telework.

SUPPLEMENTARY INFORMATION: In March 2020 a national emergency was 
declared as a result of the COVID-19 pandemic. On May 1, 2020, the 
Department of State (the Department) published in the Federal Register 
a notification of certain temporary suspensions, modifications, and 
exceptions to the ITAR, that were necessary to ensure continuity of 
operations within the Directorate of Defense Trade Controls (DDTC) and 
among entities registered with DDTC pursuant to part 122 of the ITAR 
(85 FR 25287). These actions were taken pursuant to ITAR Sec.  126.2, 
which allows for the temporary suspension or modification of provisions 
of the ITAR, and ITAR Sec.  126.3, which allows for exceptions to 
provisions of the ITAR. These actions were taken in the interest of the 
security and foreign policy of the United States and were warranted due 
to the exceptional and undue hardships and risks to safety caused by 
the public health emergency related to the SARS-COV2 pandemic.
    Subsequently, on June 10, 2020 (85 FR 35376), the Department 
published in the Federal Register a request for comment from the 
regulated community regarding the efficacy and termination dates of the 
temporary suspensions, modifications, and exceptions provided in 85 FR 
25287, and requesting comment as to whether additional measures should 
be considered in response to the public health crisis. Of the four 
temporary suspensions, modifications, and exceptions to the ITAR 
announced in the May 1 notification referenced above, DDTC reviewed the 
public comments and decided to extend two measures until December 31, 
2020: (1) ITAR Sec.  120.39(a)(2) allowance for remote work; and (2) 
authorization to allow remote work under technical assistance 
agreement, manufacturing agreement, or exemption.
    Based upon continued public health recommendations and as informed 
by responses to the request for public comment in June 2020, it is 
apparent to DDTC that regulated entities will continue to engage in 
telework for the foreseeable future. Many commenters,

[[Page 30779]]

one industry association, and several individual entities endorsed the 
telework provisions and requested that these measures be extended, 
potentially indefinitely. DDTC agreed and extended the two measures 
because DDTC believed that a failure to extend the temporary 
suspensions, modifications, and exceptions would have a negative impact 
on regulated entities' ability to safely engage in continued operations 
in the midst of the ongoing global public health emergency. Based upon 
the comments received and DDTC's experience over the course of the 
pandemic, it is apparent that these measures support the current work 
environment and are expected to remain relevant in a post-pandemic 
environment.
    Although the Department is of the opinion that the notice and 
comment requirements of the Administrative Procedure Act are not 
applicable, in addition to the efforts described above, the Department 
published a notice of proposed rulemaking (NPRM) (86 FR 28503, May 27, 
2021), to solicit comments to proposed revisions to the ITAR provisions 
related to remote work. DDTC is seeking in this proposed rule to adapt 
to the new reality of how the regulated community is working and will 
work in the future. DDTC's position is consistent with the Arms Export 
Control Act and informed by the regulated community's comments and 
DDTC's assessment of the security requirements appropriate for ITAR-
controlled technical data. The NPRM is entitled ``Amendment to the 
International Traffic in Arms Regulations: Regular Employee'' (RIN 
1400-AF17). In the interest of ensuring sufficient time to adequately 
address comments and prepare publication of a final rule, and to ensure 
there is no disruption of regulated entities' ability to safely engage 
in continued operations, DDTC is modifying and extending these 
temporary suspensions, modifications, and exceptions until it publishes 
a final rule for RIN 1400-AF17; the Department intends to terminate the 
temporary actions announced herein in that Federal Register 
publication.
    DDTC notes that the text of the temporary suspensions, 
modifications, and exceptions below differs slightly from that of the 
prior two documents in that specific reference to Russia has been 
removed from the clause ``so long as the individual is not located in a 
country listed in ITAR Sec.  126.1.'' By rulemaking of March 18, 2021, 
DDTC amended ITAR Sec.  126.1 to include Russia (86 FR 14802), thereby 
making specific reference here unnecessary.
    Pursuant to ITAR Sec. Sec.  126.2 and 126.3, in the interest of the 
security and foreign policy of the United States and as warranted by 
the exceptional and undue hardships and risks to safety caused by the 
public health emergency related to the SARS-COV2 pandemic, notice is 
provided that the following temporary suspensions, modifications, and 
exceptions are being extended as follows:
    1. As of March 13, 2020, a temporary suspension, modification, and 
exception to the requirement that a regular employee, for purposes of 
ITAR Sec.  120.39(a)(2), work at the company's facilities, to allow the 
individual to work at a remote work location, so long as the individual 
is not located in a country listed in ITAR Sec.  126.1. The Department 
will terminate this suspension, modification, and exception by 
publication of a document in the Federal Register.
    2. As of March 13, 2020, a temporary suspension, modification, and 
exception to authorize regular employees of licensed entities who are 
working remotely in a country not currently authorized by a technical 
assistance agreement, manufacturing license agreement, or exemption to 
send, receive, or access any technical data authorized for export, 
reexport, or retransfer to their employer via a technical assistance 
agreement, manufacturing license agreement, or exemption so long as the 
regular employee is not located in a country listed in ITAR Sec.  
126.1. The Department will terminate this suspension, modification, and 
exception by publication of a document in the Federal Register.
    This document makes no other revision to the document published at 
85 FR 25287, nor does it make any other temporary suspension, 
modification, or exception to the requirements of the ITAR.

(Authority: 22 CFR 126.2 and 126.3)

Michael F. Miller,
Deputy Assistant Secretary for Defense Trade Controls, U.S. Department 
of State.
[FR Doc. 2021-12206 Filed 6-9-21; 8:45 am]
BILLING CODE 4710-25-P