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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 b7i by removing the text paragraph b4 of this section and adding in its place paragraph b6 of this section.

Dated: May 24, 2021.
Vanessa A. Countryman, Secretary.
FR Doc. 202111282 Filed 52821; 8:45 am BILLING CODE 801101P

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 Departments previously issued final rule of January 23, 2020, goes into full effect. Therefore, software and technical data related to 3D
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 6632809; 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 1400AE30
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 0694AF47

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SUMMARY:

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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.
2:20cv00111, issued an order preliminarily enjoining part of the Departments 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 courts order required the Department to maintain certain technical data controls in the USML related to producing 3D
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. Dept of State, No. 2035391, 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 Departments 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 Commerces Bureau
PO 00000

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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. 202111536 Filed 52721; 4:15 pm BILLING CODE 471008P

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 FMCSs 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 2026065488;
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
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