Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 29189 

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: 

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. 

(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, 

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 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Notification of vacated court 

order. 


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29190 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 

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 steven.clagett@

bis.doc.gov. 

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-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.’’ 

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) 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: 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 


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