Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52877 

0420–2420 

0421–2421 

0422–2422 

0423–2423 

0430–2430 

0432–2432 

0433–2433 

0434–2434 

0440–2440 

0441–2441 

0442–2442 

0515–2515 

0519–2519 

0710–2710 

0711–2711 

0712–2712 

0719–2719 

0720–2720 

0724–2724 

0730–2730 

0739–2739 

0740–2740 

0749–2749 

0750–2750 

0759–2759 

0813–2813 

0830–2830 

0839–2839 

0863–2863 

0910–2910 

0911–2911 

0912–2912 

0913–2913 

0914–2914 

0915–2915 

0918–2918 

0919–2919 

0920–2920 

0921–2921 

0929–2929 

0960–2960 

1010–3010 

1011–3011 

1012–3012 

1019–3019 

1020–3020 

1021–3021 

1022–3022 

1023–3023 

1030–3030 

1031–3031 

1039–3039 

1040–3040 

1041–3041 

1049–3049 

1070–3070 

1110–3110 

1111–3111 

1113–3113 

1119–3119 

1120–3120 

1122–3122 

1123–3123 

1130–3130 

1131–3131 

1140–3140 

1149–3149 

1163–3163 

* * * * * 

■ 3. Effective November 14, 2009, the 

Fourth and Twelfth District routing 

symbol lists in appendix A are amended 

by removing the headings and listings 

for the Twelfth Federal Reserve District 

and revising the listings for the Fourth 

Federal Reserve District to read as 

follows: 

APPENDIX A TO PART 229— 

ROUTING NUMBER GUIDE TO NEXTDAY AVAILABILITY CHECKS AND 

LOCAL CHECKS 

* * * * * 

Fourth Federal Reserve District 

[Federal Reserve Bank of Cleveland] 

Head Office 

0220–2220 

0223–2223 

0410–2410 

0412–2412 

0420–2420 

0421–2421 

0422–2422 

0423–2423 

0430–2430 

0432–2432 

0433–2433 

0434–2434 

0440–2440 

0441–2441 

0442–2442 

0515–2515 

0519–2519 

0710–2710 

0711–2711 

0712–2712 

0719–2719 

0720–2720 

0724–2724 

0730–2730 

0739–2739 

0740–2740 

0749–2749 

0750–2750 

0759–2759 

0813–2813 

0830–2830 

0839–2839 

0863–2863 

0910–2910 

0911–2911 

0912–2912 

0913–2913 

0914–2914 

0915–2915 

0918–2918 

0919–2919 

0920–2920 

0921–2921 

0929–2929 

0960–2960 

1010–3010 

1011–3011 

1012–3012 

1019–3019 

1020–3020 

1021–3021 

1022–3022 

1023–3023 

1030–3030 

1031–3031 

1039–3039 

1040–3040 

1041–3041 

1049–3049 

1070–3070 

1110–3110 

1111–3111 

1113–3113 

1119–3119 

1120–3120 

1122–3122 

1123–3123 

1130–3130 

1131–3131 

1140–3140 

1149–3149 

1163–3163 

1210–3210 

1211–3211 

1212–3212 

1213–3213 

1220–3220 

1221–3221 

1222–3222 

1223–3223 

1224–3224 

1230–3230 

1231–3231 

1232–3232 

1233–3233 

1240–3240 

1241–3241 

1242–3242 

1243–3243 

1250–3250 

1251–3251 

1252–3252 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, acting through the 

Secretary of the Board under delegated 

authority, October 8, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. E9–24634 Filed 10–14–09; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0909; Directorate 

Identifier 2009–NM–172–AD; Amendment 

39–16045; AD 2007–23–05 R1] 

RIN 2120–AA64 

Airworthiness Directives; Saab AB, 

Saab Aerosystems Model SAAB 2000 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above that would revise 

an existing AD. This AD results from 

mandatory continuing airworthiness 

information (MCAI) originated by an 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The MCAI 

describes the unsafe condition as: 


jlentini on DSKJ8SOYB1PROD with RULES
52878 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

Subsequent to accidents involving Fuel 

Tank System explosions in flight * * * and 

on ground, * * * Special Federal Aviation 

Regulation 88 (SFAR88) * * * required a 

safety review of the aircraft Fuel Tank 

System * * *. 

* * * * * 

Fuel Airworthiness Limitations are items 

arising from a systems safety analysis that 

have been shown to have failure mode(s) 

associated with an ‘unsafe condition’ * * *. 

These are identified in Failure Conditions for 

which an unacceptable probability of ignition 

risk could exist if specific tasks and/or 

practices are not performed in accordance 

with the manufacturers’ requirements. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

October 30, 2009. 

On December 11, 2007 (72 FR 62564, 

November 6, 2007), the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the AD. 

We must receive comments on this 

AD by November 30, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this AD, contact Saab Aircraft AB, 

SAAB Aerosystems, SE 581 88, 

Linko ̈ping, Sweden; telephone +46 13 

18 5591; fax +46 13 18 4874; e-mail 

saab2000.techsupport@saabgroup.com; 

Internet http://www.saabgroup.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM– 

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1112; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On October 27, 2007, we issued AD 

2007–23–05, Amendment 39–15251 (72 

FR 62564, November 6, 2007). That AD 

applied to all Saab Model SAAB 2000 

airplanes. That AD required revising the 

Airworthiness Limitations Section 

(ALS) of the Instructions for Continued 

Airworthiness. 

Critical design configuration control 

limitations (CDCCLs) are limitation 

requirements to preserve a critical 

ignition source prevention feature of the 

fuel tank system design that is necessary 

to prevent the occurrence of an unsafe 

condition. The purpose of a CDCCL is 

to provide instruction to retain the 

critical ignition source prevention 

feature during configuration change that 

may be caused by alterations, repairs, or 

maintenance actions. A CDCCL is not a 

periodic inspection. 

Since we issued that AD, we have 

determined that it is necessary to clarify 

the AD’s intended effect on spare and 

on-airplane fuel tank system 

components, regarding the use of 

maintenance manuals and instructions 

for continued airworthiness. 

Section 91.403(c) of the Federal 

Aviation Regulations (14 CFR 91.403(c)) 

specifies the following: 

No person may operate an aircraft for 

which a manufacturer’s maintenance manual 

or instructions for continued airworthiness 

has been issued that contains an 

airworthiness limitation section unless the 

mandatory * * * procedures * * * have 

been complied with. 

Some operators have questioned 

whether existing components affected 

by the new CDCCLs must be reworked. 

We did not intend for the AD to 

retroactively require rework of 

components that had been maintained 

using acceptable methods before the 

effective date of the AD. Owners and 

operators of the affected airplanes 

therefore are not required to rework 

affected components identified as 

airworthy or installed on the affected 

airplanes before the required revisions 

of the ALS. But once the CDCCLs are 

incorporated into the ALS, future 

maintenance actions on components 

must be done in accordance with those 

CDCCLs. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. 

Differences Between the AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a note within the AD. 

FAA’s Justification and Determination 

of the Effective Date 

This revision merely clarifies the 

intended effect on spare and on-airplane 

fuel tank system components, and 

makes no substantive change to the 

AD’s requirements. For this reason, it is 

found that notice and opportunity for 

prior public comment for this action are 

unnecessary, and good cause exists for 

making this amendment effective in less 

than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0909; 

Directorate Identifier 2009–NM–172– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 


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Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52879 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘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 

We determined that 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 this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of 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 

removing amendment 39–15251 (72 FR 

62564, November 6, 2007) and adding 

the following new AD: 

2007–23–05 R1 Saab AB, Saab 

Aerosystems: Amendment 39–16045. 

Docket No. FAA–2009–0909; Directorate 

Identifier 2009–NM–172–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 30, 2009. 

Affected ADs 

(b) This AD revises AD 2007–23–05. 

Applicability 

(c) This AD applies to all Saab AB, Saab 

Aerosystems Model SAAB 2000 airplanes, 

certificated in any category, all serial 

numbers. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (g) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued operational safety of the airplane. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Subsequent to accidents involving Fuel 

Tank System explosions in flight * * * and 

on ground, the FAA published Special 

Federal Aviation Regulation 88 (SFAR 88) in 

June 2001. SFAR 88 required a safety review 

of the aircraft Fuel Tank System to determine 

that the design meets the requirements of 

FAR (Federal Aviation Regulation) § 25.901 

and § 25.981(a) and (b). 

A similar regulation has been 

recommended by the JAA (Joint Aviation 

Authorities) to the European National 

Aviation Authorities in JAA letter 04/00/02/ 

07/03–L024 of 3 February 2003. The review 

was requested to be mandated by NAA’s 

(National Aviation Authorities) using JAR 

(Joint Aviation Regulation) § 25.901(c), 

§ 25.1309. 

In August 2005 EASA (European Aviation 

Safety Agency) published a policy statement 

on the process for developing instructions for 

maintenance and inspection of Fuel Tank 

System ignition source prevention (EASA D 

2005/CPRO, www.easa.eu.int/home/ 

cert_policy_statements_en.html) that also 

included the EASA expectations with regard 

to compliance times of the corrective actions 

on the unsafe and the not unsafe part of the 

harmonised design review results. On a 

global scale the TC (type certificate) holders 

committed themselves to the EASA 

published compliance dates (see EASA 

policy statement). The EASA policy 

statement has been revised in March 2006: 

the date of 31–12–2005 for the unsafe related 

actions has now been set at 01–07–2006. 

Fuel Airworthiness Limitations are items 

arising from a systems safety analysis that 

have been shown to have failure mode(s) 

associated with an ‘unsafe condition’ as 

defined in FAA’s memo 2003–112–15 ‘SFAR 

88—Mandatory Action Decision Criteria’. 

These are identified in Failure Conditions for 

which an unacceptable probability of ignition 

risk could exist if specific tasks and/or 

practices are not performed in accordance 

with the manufacturers’ requirements. 

This EASA Airworthiness Directive 

mandates the Fuel System Airworthiness 

Limitations (comprising maintenance/ 

inspection tasks and Critical Design 

Configuration Control Limitations (CDCCL)) 

for the type of aircraft, that resulted from the 

design reviews and the JAA recommendation 

and EASA policy statement mentioned 

above. 

The corrective action is revising the 

Airworthiness Limitations Section (ALS) of 

the Instructions for Continued Airworthiness 

to incorporate new limitations for fuel tank 

systems. 

Restatement of AD 2007–23–05, With No 

Changes 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 3 months after December 11, 

2007 (the effective date of AD 2007–23–05), 

revise the ALS of the Instructions for 

Continued Airworthiness to incorporate the 

maintenance and inspection instructions in 

Part 1 of Saab Fuel Airworthiness Limitations 

2000 LKS 009032, dated February 14, 2006. 

For all tasks identified in Part 1 of Saab Fuel 

Airworthiness Limitations 2000 LKS 009032, 

dated February 14, 2006, the initial 

compliance times start from December 11, 

2007, and the repetitive inspections must be 

accomplished thereafter at the interval 

specified in Part 1 of Saab Fuel 

Airworthiness Limitations 2000 LKS 009032, 

dated February 14, 2006. 

(2) Within 12 months after December 11, 

2007, revise the ALS of the Instructions for 

Continued Airworthiness to incorporate the 

CDCCLs as defined in Part 2 of Saab Fuel 

Airworthiness Limitations 2000 LKS 009032, 

dated February 14, 2006. 

(3) Except as provided by paragraph (g) of 

this AD: After accomplishing the actions 

specified in paragraphs (f)(1) and (f)(2) of this 

AD, no alternative inspection, inspection 

intervals, or CDCCLs may be used. 

(4) Where Saab Fuel Airworthiness 

Limitations 2000 LKS 009032, dated 

February 14, 2006, allows for exceptional 

short-term extensions, an exception is 

acceptable to the FAA if it is approved by the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

New Information: 

Explanation of CDCCL Requirements 

Note 2: Notwithstanding any other 

maintenance or operational requirements, 

components that have been identified as 

airworthy or installed on the affected 

airplanes before the revision of the 

airworthiness limitations section (ALS), as 

required by paragraph (f) of this AD, do not 

need to be reworked in accordance with the 


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52880 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

CDCCLs. However, once the airworthiness 

limitations section has been revised, future 

maintenance actions on these components 

must be done in accordance with the 

CDCCLs. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Shahram 

Daneshmandi, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–1112; fax (425) 

227–1149. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2006– 

0199, dated July 11, 2006; and Saab Fuel 

Airworthiness Limitations 2000 LKS 009032, 

dated February 14, 2006; for related 

information. 

Material Incorporated by Reference 

(i) You must use Saab Fuel Airworthiness 

Limitations 2000 LKS 009032, dated 

February 14, 2006, to do the actions required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of this service information on 

December 11, 2007 (72 FR 62564, November 

6, 2007). 

(2) For service information identified in 

this AD, contact Saab Aircraft AB, SAAB 

Aerosystems, SE 581 88, Linko ̈ping, Sweden; 

telephone +46 13 18 5591; fax +46 13 18 

4874; e-mail 

saab2000.techsupport@saabgroup.com; 

Internet http://www.saabgroup.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on 

September 18, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–24542 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 734, 738, 740, 742, 

744, 772 and 774 

[Docket No. 080211163–9110–02] 

RIN 0694–AE18 

Encryption Simplification Rule: Final 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) published the interim 

final rule entitled ‘‘Encryption 

Simplification’’ on October 3, 2008 (73 

FR 57495). This rule finalizes that rule, 

corrects errors published in the October 

3, 2008 interim final rule, and resolves 

inconsistencies in that rule identified by 

the public. 

DATES: Effective Dates: This rule is 

effective October 15, 2009. 

ADDRESSES: Written comments on this 

final rule may be sent by e-mail to 

publiccomments@bis.doc.gov. Include 

‘‘Encryption rule’’ in the subject line of 

the message. Comments may also be 

submitted by mail or hand delivery to 

Sharron Cook, Office of Exporter 

Services, Regulatory Policy Division, 

Bureau of Industry and Security, 

Department of Commerce, 14th St. & 

Pennsylvania Avenue, NW., Room 2705, 

Washington, DC 20230, ATTN: 

Encryption rule; or by fax to (202) 482– 

3355. 

FOR FURTHER INFORMATION CONTACT: For 

questions of a general nature contact 

Sharron Cook, Office of Exporter 

Services, Regulatory Policy Division at 

(202) 482–2440 or e-mail: 

scook@bis.doc.gov. 

For questions of a technical nature 

contact: The Information Technology 

Division, Office of National Security 

and Technology Transfer Controls at 

202–482–0707 or e-mail: C. Randall 

Pratt at cpratt@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

BIS published the interim final rule 

entitled ‘‘Encryption Simplification’’ on 

October 3, 2008 (73 FR 57495). This rule 

removed section 744.9 of the EAR, 

which set forth requirements for 

authorization from BIS for U.S. persons 

to provide technical assistance 

(including training) to foreign persons 

with the intent to aid a foreign person 

in the development or manufacture 

outside the United States of encryption 

commodities or software that, if of U.S.- 

origin, would be ‘‘EI’’ controlled under 

ECCNs 5A002 or 5D002. Section 744.9 

was added to the EAR in 1996 when 

jurisdiction over dual-use encryption 

items was transferred from the 

Department of State to the Department 

of Commerce. However, other parts of 

the EAR that referred to section 744.9 

were inadvertently not removed. 

Therefore, this rule removes these 

references in § 730.5(d), § 734.5(c), 

§ 736.2(b)(7)(ii), and § 744.1(a)(1). In 

addition, other corrections are made to 

harmonize with revisions made in the 

‘‘Encryption Simplification’’ rule 

published on October 3, 2008. Some of 

the revisions in this rule are the results 

of requests for clarification from the 

public on the October 3 encryption 

simplification rule. 

Part 730 

The last sentence in paragraph (d) of 

section 730.5 is removed, because it 

makes reference to technical assistance 

in section 744.9, which was removed by 

the October 3 encryption simplification 

rule. 

Part 734 

Section 734.4 is amended to revise 

paragraphs (b)(1) and (b)(2) in order to 

harmonize with the October 3 

encryption simplification rule and 

corrections thereto. Paragraph (b)(1)(iv) 

is added to conform with the 

clarifications in this correction by 

making it clear that section 740.17(b)(4) 

is a separate authorization. Paragraph 

(b)(2) is revised to simply state that all 

items classified under ECCNs 5A992, 

5D992, or 5E992 are eligible for 

consideration under the de minimis 

rules. Paragraph (c) of section 734.5 is 

removed because it refers to technical 

assistance in section 744.9, which was 


jlentini on DSKJ8SOYB1PROD with RULES