Rule2021-11536
International Traffic in Arms Regulations: U.S. Munitions List Categories; Preliminary Injunction Vacated by a Federal Court of Appeals
Primary source
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Published
June 1, 2021
Effective
May 26, 2021
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 103 (Tuesday, June 1, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <a href="/cdn-cgi/l/email-protection#89cdcdddcad9fcebe5e0eacae6e4e4ece7fdfac9fafde8fdeca7eee6ff"><span class="__cf_email__" data-cfemail="5410100017042136383d37173b3939313a20271427203520317a333b22">[email protected]</span></a>.
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
<a href="https://www.bis.doc.gov/">https://www.bis.doc.gov/</a>.
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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