Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 71353

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this AD. 

Regulatory Findings 

We have 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 that the regulation: 

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. See the ADDRESSES section for 

a location to examine the regulatory 

evaluation.

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 adding 

the following new airworthiness 

directive (AD):

2004–25–07 Airbus: Amendment 39–13895. 

Docket No. FAA–2004–19816; 

Directorate Identifier 2004–NM–231–AD.

Effective Date 

(a) This AD becomes effective December 

27, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330 

and A340 series airplanes, certificated in any 

category; on which Airbus Modification 

47244 (reference Airbus Service Bulletin 

A330–34–3120 or A340–34–4138) has been 

done, and on which Airbus Modification 

52423 has not been done. 

Unsafe Condition 

(d) This AD was prompted by a report 

indicating that an airplane lost the integrated 

standby instrument system (ISIS), then, 

during the same flight, lost all electronic 

instrument system (EIS) display units. The 

FAA is issuing this AD to prevent loss of the 

ISIS, which, if combined with loss of all EIS 

display units, could reduce the flightcrew’s 

situational awareness and contribute to loss 

of control of the airplane or impact with 

obstacles or terrain. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Requirement for Complete Electrical 

Shutdown 

(f) Within 3 days after the effective date of 

this AD, or within 5 days after the last ISIS 

reset or complete electrical shutdown of the 

airplane, whichever is first, perform a 

complete electrical shutdown of the airplane 

to reset the ISIS. Repeat the electrical 

shutdown of the airplane at intervals not to 

exceed 5 days, until the actions in paragraph 

(g) of this AD are done.

Note 1: This AD does not allow resetting 

the circuit breaker as a means of resetting the 

ISIS.

Optional Terminating Action 

(g) Replacing the existing ISIS, part number 

(P/N) C16221DB04, with an improved ISIS, 

P/N C16221WA01, in accordance with 

Airbus Service Bulletin A330–34–3141 (for 

Airbus Model A330 series airplanes), A340–

34–4145 (for Airbus Model A340–200 and 

–300 series airplanes), or A340–34–5016 (for 

Airbus Model A340–541 and –642 airplanes); 

all dated June 8, 2004; as applicable; 

terminates the requirements of paragraph (f) 

of this AD.

Note 2: Airbus Service Bulletins A330–34–

3141, A340–34–4145, and A340–34–5016 

refer to Thales Service Bulletin C16221D–34–

002 as an additional source of service 

information.

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Related Information 

(i) French Emergency Airworthiness 

Directive UF–2004–167, dated October 19, 

2004, also addresses the subject of this AD. 

Material Incorporated by Reference 

(j) If the optional terminating action in 

paragraph (g) of this AD is accomplished, you 

must use Airbus Service Bulletin A330–34–

3141, dated June 8, 2004; Airbus Service 

Bulletin A340–34–4145, dated June 8, 2004; 

or Airbus Service Bulletin A340–34–5016, 

dated June 8, 2004; as applicable; to perform 

the actions that are specified in paragraph (g) 

of this AD. The Director of the Federal 

Register approves the incorporation by 

reference of these document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. For 

copies of the service information, contact 

Airbus, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France. You can 

review copies at the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street SW., room PL–401, Nassif 

Building, Washington, DC; or 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 

November 30, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26791 Filed 12–8–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19556; Directorate 

Identifier 2004–CE–37–AD; Amendment 39–

13887; AD 2004–24–11] 

RIN 2120–AA64 

Airworthiness Directives; SchemppHirth Flugzeugbau GmbH Model DuoDiscus Gliders

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Schempp-Hirth (SCHEMPP–HIRTH) 

Flugzeugbau GmbH Model Duo-Discus 

gliders. This AD requires you to do a 

one-time inspection of the bonding of 

the spar cap and spar web and repair 

any defective bonding of the spar cap 

and spar web. This AD is the result of 

mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for Germany. 

The actions specified by this AD are 

intended to detect and correct failure of 

the bonding of the spar cap and spar 

web, which, if not detected and 

corrected, could result in an in-flight 

wing failure.

DATES: This AD becomes effective on 

December 30, 2004. 

As of December 30, 2004, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation. 

71354 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 

We must receive any comments on 

this AD by January 3, 2005.

ADDRESSES: Use one of the following to 

submit comments on this AD: 

• DOT Docket Web site: Go to http:/

/dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To get the service information 

identified in this AD, contact SchemppHirth Flugzeugbau GmbH, Postfach 

1443, 73222 Kircheim/Teck, Federal 

Republic of Germany; telephone: 49 

7021 7298–0; facsimile: 49 7021 7298–

199. 

To view the comments to this AD, go 

to http://dms.dot.gov. The docket 

number is FAA–2004–19556.

FOR FURTHER INFORMATION CONTACT:

Gregory Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, Room 

301, 901 Locust, Kansas City, Missouri 

64106; telephone: (816) 329–4130; 

facsimile: (816) 329–4090.

SUPPLEMENTARY INFORMATION: 

Discussion 

What events have caused this AD?

The Luftfahrt-Bundesamt (LBA), which 

is the airworthiness authority for 

Germany, reported to FAA that an inflight failure of the wing structure at 

maneuvering loads had occurred on a 

SCHEMPP-HIRTH Model Duo-Discus 

glider within the serial number range of 

165 through 389. Analysis indicated 

failure in the bonding of the spar cap 

and spar web. 

This condition caused us to issue AD 

2003–16–51, Amendment 39–13282 (68 

FR 50055, August 20, 2003). AD 2003–

16–51 requires you to do a one-time 

inspection of the bonding of the spar 

cap and spar web and repair any 

defective bonding of the spar cap and 

spar web. 

The LBA notified us of additional 

reports of bonding problems of the spar 

cap and spar web on Model Duo-Discus 

gliders, serial numbers 1 through 164. 

What is the potential impact if FAA 

took no action? This condition, if not 

detected and corrected, could cause the 

spar cap and spar web to fail. This 

failure could result in an in-flight wing 

failure. 

Is there service information that 

applies to this subject? SCHEMPPHIRTH has issued Technical Note No. 

396–9, dated January 30, 2004, and 

Appendix to Technical Note No. 396–9, 

dated January 30, 2004. 

What are the provisions of this service 

information? This service information 

includes procedures for:

—Inspecting the bonding of the spar cap 

and spar web; and 

—Repairing any defective bonding of 

the spar cap and spar web.

What action did the LBA take? The 

LBA classified this service information 

as mandatory and issued German AD 

Number D–2004–084, dated February 4, 

2004, to ensure the continued 

airworthiness of these gliders in 

Germany. 

Did the LBA inform the United States 

under the bilateral airworthiness 

agreement? These SCHEMPP-HIRTH 

Model Duo-Discus gliders are 

manufactured in Germany and are typecertificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. 

Under this bilateral airworthiness 

agreement, the LBA has kept us 

informed of the situation described 

above.

FAA’s Determination and Requirements 

of This AD 

What has FAA decided? We have 

examined the LBA’s findings, reviewed 

all available information, and 

determined that we need to issue an AD 

for products of this type design that are 

certificated for operation in the United 

States. 

Since the unsafe condition described 

previously is likely to exist or develop 

on these SCHEMPP–HIRTH Model DuoDiscus gliders (serial numbers 1 through 

164) of the same type design that are 

registered in the United States, we are 

issuing this AD to detect and correct 

failure of the bonding of the spar cap 

and spar web, which if not detected and 

corrected, could result in an in-flight 

wing failure. 

What does this AD require? This AD 

requires you to incorporate the actions 

in the previously-referenced service 

bulletin. 

How does the revision to 14 CFR part 

39 affect this AD? On July 10, 2002, we 

published a new version of 14 CFR part 

39 (67 FR 47997, July 22, 2002), which 

governs FAA’s AD system. This 

regulation now includes material that 

relates to altered products, special flight 

permits, and alternative methods of 

compliance. This material previously 

was included in each individual AD. 

Since this material is included in 14 

CFR part 39, we will not include it in 

future AD actions. 

Comments Invited 

Will I have the opportunity to 

comment before you issue the rule? This 

AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written relevant data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include the docket number, 

‘‘FAA–2004–19556; Directorate 

Identifier 2004–CE–37–AD’’ at the 

beginning of your comments. We will 

post all comments we receive, without 

change, to http://dms.dot.gov, including 

any personal information you provide. 

We will also post a report summarizing 

each substantive verbal contact with 

FAA personnel concerning this AD. 

Using the search function of our 

docket Web site, anyone can find and 

read the comments received into any of 

our dockets, including the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

This is docket number FAA–2004–

19556. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Are there any specific portions of this 

AD I should pay attention to? We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. If you contact us through a 

nonwritten communication and that 

contact relates to a substantive part of 

this AD, we will summarize the contact 

and place the summary in the docket. 

We will consider all comments received 

by the closing date and may amend this 

AD in light of those comments and 

contacts. 

Docket Information 

Where can I go to view the docket 

information? You may view the AD 

docket that contains the AD, any 

comments received, and any final 

disposition in person at the DMS Docket 

Offices between 9 a.m. and 5 p.m. 

(eastern standard time), Monday 

through Friday, except Federal holidays. 

The Docket Office (telephone 1–800–

647–5227) is located on the plaza level 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 71355

of the Department of Transportation 

NASSIF Building at the street address 

stated in ADDRESSES. You may also view 

the AD docket on the Internet at http:/

/dms.dot.gov. The comments will be 

available in the AD docket shortly after 

the DMS receives them. 

Regulatory Findings 

Will this AD impact various entities?

We have 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. 

Will this AD involve a significant rule 

or regulatory action? For the reasons 

discussed above, I certify that 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 summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2004–19556; 

Directorate Identifier 2004–CE–37–AD’’

in your request. 

This rulemaking is promulgated 

under the authority in Subtitle VII, Part 

A, Subpart III, Section 44701, General 

requirements. Under that section, the 

FAA is charged with prescribing 

minimum standards required in the 

interest of safety for the design of 

aircraft. This regulation is within the 

scope of that authority since it corrects 

an unsafe condition in the design of the 

aircraft caused by defective bonding of 

the spar cap to the spar web.

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 Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (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 (AD):

2004–24–11 Schempp-Hirth Flugzeugbau 

GmbH: Amendment 39–13887; Docket No. 

FAA–2004–19556; Directorate Identifier 

2004–CE–37–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on December 

30, 2004. 

Are Any Other ADs Affected by This Action? 

(b) None. 

What Gliders Are Affected by This AD? 

(c) This AD affects Model Duo-Discus 

gliders, serial numbers 1 through 164, that 

are certificated in any category 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of mandatory 

continuing airworthiness information (MCAI) 

issued by the airworthiness authority for 

Germany. The actions specified by this AD 

are intended to detect and correct failure of 

the bonding of the spar cap and spar web, 

which, if not detected and corrected, could 

result in an in-flight failure of the wing. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following, unless already done:

Actions Compliance Procedures 

(1) Inspect the bonding between the spar cap 

and the spar web for defects.

Within the next 10 hours time-in-service (TIS) 

after December 30, 2004 (the effective date 

of this AD).

Follow SCHEMPP–HIRTH Flugzeugbau 

GmbH. Kircheim/Teck Technical Note No. 

396–9, dated January 30, 2004; and 

SCHEMPP–HIRTH Flugzeugbau GmbH. 

Kircheim/Teck Appendix to Technical Note 

No. 396–9, dated January 30, 2004. 

(2) Repair any defect in the bonding between 

the spar cap and the spar web.

Prior to further flight after the inspection required by paragraph (e)(1) of this AD.Follow SCHEMPP–HIRTH Flugzeugbau 

GmbH. Kircheim/Teck Technical Note No. 

396–9, dated January 30, 2004; 

SCHEMPP–HIRTH Flugzeugbau GmbH. 

Kircheim/Teck Appendix to Technical Note 

No. 396–9, dated January 30, 2004; and 

the applicable maintenance manual. 

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, Small Airplane 

Directorate, FAA. For information on any 

already approved alternative methods of 

compliance, contact Gregory Davison, 

Aerospace Engineer, FAA, Small Airplane 

Directorate, Room 301, 901 Locust, Kansas 

City, Missouri 64106; telephone: (816) 329–

4130; facsimile: (816) 329–4090. 

Is There Other Information That Relates to 

This Subject? 

(g) German AD Number D–2004–084, dated 

February 4, 2004, also addresses the subject 

of this AD. 

Does This AD Incorporate Any Material by 

Reference? 

(h) You must do the actions required by 

this AD following the instructions in 

SCHEMPP–HIRTH Flugzeugbau GmbH. 

Kircheim/Teck Technical Note No. 396–9, 

dated January 30, 2004; and SCHEMPP–

HIRTH Flugzeugbau GmbH. Kircheim/Teck 

Appendix to Technical Note No. 396–9, 

dated January 30, 2004. The Director of the 

Federal Register approved the incorporation 

by reference of this service bulletin in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. To get a copy of this service 

information, contact Schempp-Hirth 

Flugzeugbau GmbH, Postfach 1443, 73222 

Kircheim/Teck, Federal Republic of 

Germany; telephone: 49 7021 7298–0; 

facsimile: 49 7021 7298–199. To review 

copies of this service information, go to the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, go 

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

code_of_federal_regulations/

ibr_locations.html or call (202) 741–6030. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http://

71356 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 

dms.dot.gov. The docket number is FAA–

2004–19556.

Issued in Kansas City, Missouri, on 

November 26, 2004. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–26640 Filed 12–8–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

15 CFR parts 732, 734, 740, 742, 744, 

and 772 

[Docket No. 041022290–4290–01] 

RIN 0694–AD19 

Encryption Export and Reexport 

Controls Revisions

AGENCY: Bureau of Industry and 

Security, Commerce.

ACTION: Final rule.

SUMMARY: This rule revises: the criteria 

for determining if a foreign made item 

incorporating U.S. origin encryption is 

subject to the Export Administration 

Regulations; the notification 

requirements for beta test encryption 

software and certain ‘‘publicly 

available’’ encryption software; and the 

review and reporting requirements for 

exports and reexports of certain 

encryption items under License 

Exception ENC that are neither 

‘‘publicly available’’ nor eligible for 

‘‘mass market’’ treatment. It also makes 

technical changes.

DATES: This rule is effective December 9, 

2004.

ADDRESSES: Send comments concerning 

this rule via e-mail to rpd2@bis.doc.gov, 

fax to (202) 482–3355 or to Regulatory 

Policy Division, Bureau of Industry and 

Security, Room 2705, U.S. Department 

of Commerce, Washington, DC 20230. 

Refer to regulatory identification 

number 0694–AD19 in all comments.

FOR FURTHER INFORMATION CONTACT:

Norman LaCroix, Director, Information 

Technology Controls Division, Office of 

National Security and Technology 

Transfer Controls, (202) 482–4439.

SUPPLEMENTARY INFORMATION: This rule 

removes the requirement to make a 

separate request for de minimis

eligibility when submitting a review 

request for some encryption 

commodities and software under 

License Exception ENC. Foreign made 

items incorporating U.S. origin 

encryption items that have met 

specified notification or review 

requirements under mass market, 

License Exception TSU or License 

Exception ENC procedures will be 

treated like foreign made items that 

incorporate other U.S. origin items, in 

determining de minimis eligibility. This 

rule removes certain reporting 

requirements in License Exception TMP 

regarding beta test encryption software. 

This rule reduces the notification 

requirements for exports and reexports 

of certain ‘‘publicly available’’

encryption software that has been 

posted to the Internet pursuant to 

License Exception TSU by removing the 

requirement to notify the U.S. 

Government of updates or modifications 

if the Internet location has not changed. 

This rule simplifies License Exception 

ENC review requirements for exports 

and reexports of eligible encryption 

items, by implementing a uniform 30 

day period for most encryption reviews 

and by clarifying the criteria by which 

licensing requirements to certain 

‘‘government end-users’’ are 

determined. In connection with this 30 

day period associated with the initial 

U.S. Government technical review of an 

encryption item, this rule authorizes BIS 

to, at any time, require additional 

technical information about an 

encryption item submitted for review 

and, if the information is not furnished, 

to suspend or revoke authorization to 

use License Exception ENC with respect 

to the item for which the information is 

sought. This rule also expands the list 

of countries to which certain encryption 

items may be sent immediately, once a 

review request is submitted to the U.S. 

Government. The list (Supplement No. 

3 to part 740) now covers all current 

members of the European Union (EU), to 

include those countries that joined the 

EU on May 1, 2004. This rule updates 

and clarifies several encryption review 

requirements in License Exception ENC 

and clarifies the definition of the term 

‘‘hold without action’’ in the Export 

Administration Regulations. This rule 

also makes some technical changes, and 

revises the e-mail address of the ENC 

Encryption Request Coordinator from 

enc@ncsc.mil to enc@nsa.gov to match 

the current e-mail address of that 

organization. 

Although this rule is issued in final 

form and there is no formal comment 

period, comments on this rule are 

welcomed on an ongoing basis. 

Determining When a Foreign Made 

Item Is Subject to the EAR 

Section 734.4 of the EAR describes 

situations under which foreign made 

items are not subject to the Export 

Administration Regulations because the 

U.S. origin items that they incorporate 

are less than a defined ‘‘de minimis’’

percentage of their content. This rule 

removes the requirement for U.S. firms 

to request eligibility for de minimis

treatment when submitting their 

encryption commodity or software for 

review to obtain authorization for export 

and reexport under License Exception 

ENC (§ 740.17 of the EAR). As a result, 

foreign made items containing most U.S. 

origin encryption commodities or 

software that have met the notification, 

review or determination requirements 

specified in revised § 734.4(b) are now 

treated, for purposes of de minimis

calculations, in the same way as foreign 

made items that incorporate other U.S. 

origin dual-use items. However, there is 

no de minimis eligibility for encryption 

technology controlled under Export 

Control Classification Number (ECCN) 

5E002, or for foreign made items going 

to a destination in Country Group E:1 

when the foreign item contains U.S. 

origin restricted encryption content 

described in § 740.17(b)(2) of the EAR 

(e.g. network infrastructure 

commodities and software controlled 

under ECCNs 5A002 and 5D002, 

cryptanalytic items, and ECCN 5D002 

encryption source code that is not 

‘‘publicly available’’ as that term is used 

in License Exception TSU, § 740.13(e)(1) 

of the EAR). This rule also makes 

conforming changes to § 732.2(d) to 

reflect these new de minimis

procedures.

Exports of Beta Test Encryption 

Software Under License Exception TMP 

This rule removes the requirements to 

report the names and addresses of 

testing consignees by removing 

§ 740.9(c)(8)(ii). It restructures, but 

makes no other substantive changes to 

§ 740.9(c)(8). It retains the notification 

requirements of that paragraph and 

changes an e-mail address. 

Exports of Certain ‘‘Publicly Available’’

Encryption Software Under License 

Exception TSU 

For ‘‘publicly available’’ encryption 

software that has been posted to the 

Internet after notification to BIS and the 

ENC Encryption Request Coordinator 

under § 740.13(e), this rule removes the 

requirement to provide notice of 

updates or modifications made to the 

encryption software at the previously 

notified location. This rule makes no 

other substantive changes to this 

section, but substantially reorganizes it.