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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 DDTCs 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. DDTCs position is consistent with the Arms Export Control Act and informed by the regulated communitys comments and DDTCs 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
1400AF17. 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.

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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 SARSCOV2 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
120.39a2, work at the companys 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. 202112206 Filed 6921; 8:45 am BILLING CODE 471025P

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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 5, 91, 92, 570, 574, 576, 903
Docket No. FR6249I01
RIN 2529AB01

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 Acts 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 Acts 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:

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