Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Rules and Regulations 18731

VCD0016, inspect in accordance with the

following schedule:

(i) For shafts which have not been

previously inspected and have 6,500 CSN or

greater on the effective date of this AD,

inspect within the next 2,500 CIS after the

effective date of this AD.

(ii) For shafts which have not been

previously inspected and have less than

6,500 CSN on the effective date of this AD,

inspect prior to accumulating 9,000 CSN.

(iii) For shafts that have been previously

inspected and have 3,500 CSLI or less on the

effective date of this AD, reinspect within

6,000 CSLI, or before accumulating 9,000

CSN, whichever occurs later.

(iv) For shafts that have been previously

inspected and have greater than 3,500 CSLI

on the effective date of this AD, reinspect

within the next 2,500 CIS from the effective

date of this AD, or before accumulating 9,000

CSN, whichever occurs later.

(v) Remove from service, HPC rear shaft

turn-around bolts identified in paragraph

(a)(2) of this AD, after any inspection

performed in accordance with paragraph

(a)(2) of this AD, and replace with new

tapered turn-around bolts, P/N 1375M69P01

or VCD0016.

Note: Information concerning the tapered

turn-around bolt noted in paragraph (a) of

this AD can be found in GE SB No. 72–877.

(b) Remove from service, prior to further

flight, any shafts found cracked at inspection.

(c) Thereafter, for shafts which have been

inspected in accordance with paragraph (a) of

this AD, reinspect in accordance with the

Accomplishment Instructions of GE SB No.

72–958, Revision 1, dated October 18, 1990,

at intervals not to exceed 6,000 CSLI.

(d) Compliance with paragraph (a) of AD

91–10–03 satisfies the corresponding

requirements of paragraph (a) of this AD.

(e) An alternative method of compliance or

adjustment of the initial compliance time

that provides an acceptable level of safety

may be used if approved by the Manager,

Engine Certification Office . The request

should be forwarded through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Engine Certification Office.

Note: Information concerning the existence

of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Engine Certification Office.

(f) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the aircraft to

a location where the requirements of this AD

can be accomplished.

(g) The actions required by this AD shall

be done in accordance with the following

service document:

Document No. Pages Revision Date

GE SB No. 72–958 ...................................................................................................................................... 1–2 1 ............. Oct. 18, 1990.

3–6 Original .. Aug. 15, 1990.

Total pages: 6.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51 as of June 17, 1991. Copies

may be obtained from General Electric

Company, Technical Publications

Department, 1 Neumann Way, Cincinnati,

OH 45215. Copies may be inspected at the

FAA, New England Region, Office of the

Assistant Chief Counsel, 12 New England

Executive Park, Burlington, MA; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(h) This amendment becomes effective on

April 28, 1995.

Issued in Burlington, Massachusetts, on

April 4, 1995.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 95–9133 Filed 4–11–95; 11:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 771 and 779

[Docket No. 950407090–5090–01]

RIN 0694–AB18

Establishment of New General License

G–BETA for Exports of Certain Beta

Test Software

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Interim rule.

SUMMARY: This rule amends the Export

Administration Regulations (EAR) by

establishing a new General License G–

BETA for certain exports of beta test

software under the jurisdiction of the

Department of Commerce. Under the

provisions of this new General License,

beta test software programs may be

exported to all destinations except

Country Groups S and Z, Iran, Iraq,

Sudan, and Syria. Exporters are advised

that certain restrictions apply, and

should consult the EAR before using

General License G–BETA.

This new General License eligibility

will greatly reduce the number of

validated license applications for

certain software intended for massmarket distribution.

DATES: This rule is effective April 13,

1995. Comments must be received by

May 30, 1995.

ADDRESSES: Written comments (six

copies) should be sent to Nancy Crowe,

Bureau of Export Administration,

Department of Commerce, P.O. Box 273,

Washington, DC 20044.

FOR FURTHER INFORMATION CONTACT:

Nancy Crowe, Regulatory Policy

Division, Office of Exporter Services,

Bureau of Export Administration,

Telephone: (202) 482–2440.

SUPPLEMENTARY INFORMATION: This rule

amends Part 771 of the Export

Administration Regulations (EAR) by

establishing a new General License G–

BETA for certain exports of beta test

software. This change will allow

exports, under certain conditions, of

software controlled by the Department

of Commerce on the Commerce Control

List (Supplement No. 1 to Part 799.1 of

the EAR), and under Commerce

licensing jurisdiction, which would

otherwise require a validated license to

all destinations except Country Groups

S and Z, Iran, Iraq, Sudan, and Syria.

This rule will allow shipment under

General License G–BETA of beta test

software programs that: (a) Are intended

for export and reexport under the

provisions of the General Software Note

(Supplement No. 2 to Part 799.1 of the

EAR) after completion of testing; (b) are

provided free-of-charge or at a price that

does not exceed the cost of reproduction

and distribution; and (c) are designed

for user-installation. In addition, the

exporter must obtain a statement from

each testing consignee prior to shipment

certifying that the beta test software will

only be used for beta testing purposes,

and will not be rented, leased, sold,

sublicensed, assigned, or otherwise

transferred. Further, the statement must

certify that the testing consignee will

not transfer or export any product,

process, or service that is the direct

product of the beta test software.

Software shipped under General License

G–BETA must be destroyed abroad or

returned to the exporter within 30 days

of the end of the beta test period as

defined by the software producer or, if

the software producer does not define a

test period, within 30 days of

completion of the consignee’s role in the

test.

The following is a brief description of

the development of this rule. In the Fall
18732 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Rules and Regulations

of 1994, BXA hosted a large seminar for

exporters. At that meeting, BXA invited

the exporting community to provide

input on administrative changes that

might be made to the EAR without the

passage of new legislation. In response

to that invitation, several of the major

exporters of mass market software

provided suggestions on a new general

license to authorize the export of

software for beta testing. BXA also

gathered the views of industry on a new

general license for beta test software

through BXA’s Telecommunications

Technical Advisory Committee,

Regulations & Procedures Technical

Advisory Committee, and Computer

Systems Technical Advisory Committee.

The industry views served as a basis for

BXA’s development of a regulation on

General License G–BETA.

BXA shared with industry its view of

the possible changes in the draft

regulation and sought information from

certain software exporters to determine

the industry’s best practices for

exporting software to Beta testers. For

example, BXA collected samples of enduse clauses regularly used by software

producers for commercial purposes.

BXA then shaped General License G–

BETA so that certifications required

under the rule are consistent with the

standard practices of many members of

the industry. This has the benefit of

achieving the objectives of the export

control system with the least intrusive

impact on the exporting community.

The industry input provided by the

advisory committees and by the

companies was highly valuable to BXA

in developing General License G–BETA.

This new General License eligibility

will reduce the number of validated

license applications for certain software

intended for distribution to the general

public.

Rulemaking Requirements

1. This interim rule has been

determined to be not significant for

purposes of E. O. 12866.

2. This rule involves collections of

information subject to the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.). These collections have been

approved by the Office of Management

and Budget under control numbers

0694–0005, 0694–0007, and 0694–0010.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under Executive Order

12612.

4. Because a notice of proposed

rulemaking and an opportunity for

public comment are not required to be

given for this rule by section 553 of the

Administrative Procedure Act (5 U.S.C.

553) or by any other law, under section

3(a) of the Regulatory Flexibility Act (5

U.S.C. 603(a) and 604(a)) no initial or

final Regulatory Flexibility Analysis has

to be or will be prepared.

5. The provisions of the

Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed

rulemaking, the opportunity for public

participation, and a delay in effective

date, are inapplicable because this

regulation involves a military and

foreign affairs function of the United

States. Further, no other law requires

that a notice of proposed rulemaking

and an opportunity for public comment

be given for this rule.

However, because of the importance

of the issues raised by these regulations,

this rule is issued in interim form and

comments will be considered in the

development of final regulations.

Accordingly, the Department

encourages interested persons who wish

to comment to do so at the earliest

possible time to permit the fullest

consideration of their views.

The period for submission of

comments will close May 30, 1995. The

Department will consider all comments

received before the close of the

comment period in developing final

regulations. Comments received after

the end of the comment period will be

considered if possible, but their

consideration cannot be assured. The

Department will not accept public

comments accompanied by a request

that a part or all of the material be

treated confidentially because of its

business proprietary nature or for any

other reason. The Department will

return such comments and materials to

the person submitting the comments

and will not consider them in the

development of final regulations. All

public comments on these regulations

will be a matter of public record and

will be available for public inspection

and copying. In the interest of accuracy

and completeness, the Department

requires comments in written form.

Oral comments must be followed by

written memoranda, which will also be

a matter of public record and will be

available for public review and copying.

Communications from agencies of the

United States Government or foreign

governments will not be made available

for public inspection.

The public record concerning these

regulations will be maintained in the

Bureau of Export Administration

Freedom of Information Records

Inspection Facility, Room 4525,

Department of Commerce, 14th Street

and Pennsylvania Avenue, N.W.,

Washington, DC 20230. Records in this

facility, including written public

comments and memoranda

summarizing the substance of oral

communications, may be inspected and

copied in accordance with regulations

published in Part 4 of Title 15 of the

Code of Federal Regulations.

Information about the inspection and

copying of records at the facility may be

obtained from Margaret Cornejo, Bureau

of Export Administration Freedom of

Information Officer, at the above

address or by calling (202) 482–5653.

List of Subjects

15 CFR Part 771

Exports, Reporting and recordkeeping

requirements.

15 CFR Part 779

Computer technology, Exports,

Reporting and recordkeeping

requirements, Science and technology.

Accordingly, Parts 771 and 779 of the

Export Administration Regulations (15

CFR Parts 730–799) are amended as

follows:

PART 771—[AMENDED]

1. The authority citation for 15 CFR

Part 771 continues to read as follows:

Authority: 50 U.S.C. App. 5, as amended;

Pub. L. 264, 59 Stat. 619 (22 U.S.C. 287c), as

amended; Pub. L. 90–351, 82 Stat. 197 (18

U.S.C. 2510 et seq.), as amended; sec. 101,

Pub. L. 93–153, 87 Stat. 576 (30 U.S.C. 185),

as amended; sec. 103, Pub. L. 94–163, 89

Stat. 877 (42 U.S.C. 6212), as amended; secs.

201 and 201(11)(e), Pub. L. 94–258, 90 Stat.

309 (10 U.S.C. 7420 and 7430(e)), as

amended; Pub. L. 95–223, 91 Stat. 1626 (50

U.S.C. 1701 et seq.); Pub. L. 95–242, 92 Stat.

120 (22 U.S.C. 3201 et seq. and 42 U.S.C.

2139a); sec. 208, Pub. L. 95–372, 92 Stat. 668

(43 U.S.C. 1354); Pub. L. 96–72, 93 Stat. 503

(50 U.S.C. App. 2401 et seq.), as amended;

sec. 125, Pub. L. 99–64, 99 Stat. 156 (46

U.S.C. 466c); Pub. L. 102–484, 106 Stat. 2575

(22 U.S.C. 6004); E.O. 11912 of April 13,

1976 (41 FR 15825, April 15, 1976); E.O.

12002 of July 7, 1977 (42 FR 35623, July 7,

1977), as amended; E.O. 12058 of May 11,

1978 (43 FR 20947, May 16, 1978); E.O.

12214 of May 2, 1980 (45 FR 29783, May 6,

1980); E.O. 12851 of June 11, 1993 (58 FR

33181, June 15, 1993); E.O. 12867 of

September 30, 1993 (58 FR 51747, October 4,

1993); E.O 12918 of May 26, 1994 (59 FR

28205, May 31, 1994); E.O. 12924 of August

19, 1994 (59 FR 43437 of August 23, 1994);

and E.O. 12938 of November 14, 1994 (59 FR

59099 of November 16, 1994)

PART 779—[AMENDED]

2. The authority citation for 15 CFR

Part 779 continues to read as follows:

Authority: Pub. L. 90–351, 82 Stat. 197 (18

U.S.C. 2510 et seq.), as amended; Pub. L. 95–

223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.);

Pub. L. 95–242, 92 Stat. 120 (22 U.S.C. 3201

et seq. and 42 U.S.C. 2139a); Pub. L. 96–72,
Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Rules and Regulations 18733

1 17 CFR 405.2 and 17 CFR 449.5, respectively.

2 60 FR 5602 (January 30, 1995).

93 Stat. 503 (50 U.S.C. App. 2401 et seq.), as

amended; Pub. L. 102–484, 106 Stat. 2575 (22

U.S.C. 6004); E.O. 12002 of July 7, 1977 (42

FR 35623, July 7, 1977), as amended; E.O.

12058 of May 11, 1978 (43 FR 20947, May

16, 1978); E.O. 12214 of May 2, 1980 (45 FR

29783, May 6, 1980); E.O. 12730 of

September 30, 1990 (55 FR 40373, October 2,

1990), as continued by Notice of September

25, 1992 (57 FR 44649, September 28, 1992);

E.O. 12924 of August 19, 1994 (59 FR 43437,

August 23, 1994); and E.O. 12938 of

November 14, 1994 (59 FR 59099 of

November 16, 1994).

PART 771—[AMENDED]

3. Part 771 is amended by adding a

new § 771.27 to read as follows:

§ 771.27 General license G–BETA; Exports

of beta test software.

(a) Scope. A General License

designated G–BETA is established

subject to the provisions of this section

authorizing exports and reexports to

eligible countries of beta test software

intended for distribution to the general

public.

(b) Eligible countries. The countries

that are eligible to receive exports and

reexports under this General License are

all countries except those listed in

Country Groups S and Z, Iran, Iraq,

Sudan, and Syria.

(c) Eligible software. All software that

is controlled by the Commerce Control

List (see Supplement No. 1 to Part 799.1

of this subchapter), and under

Commerce licensing jurisdiction, is

eligible for export and reexport under

General License G–BETA, subject to the

restrictions set forth in this section.

(d) Conditions for use. Any beta test

software program may be exported or

reexported to eligible countries if all of

the conditions under this section are

met:

(1) The software producer intends to

market the software to the general

public after completion of the beta

testing, as described in the General

Software Note found in Supplement No.

2 to Part 799.1 of this subchapter;

(2) The software producer provides

the software to the testing consignee

free-of-charge or at a price that does not

exceed the cost of reproduction and

distribution; and

(3) The software is designed for

installation by the end-user without

further substantial support from the

supplier.

(e) Importer statement. Prior to

shipping any eligible software under

General License G–BETA, the exporter

or reexporter must obtain the following

statement from the testing consignee,

which may be included in a contract,

non-disclosure agreement, or other

document that identifies the importer,

the software to be exported, the country

of destination, and the testing

consignee:

We certify that this beta test software will

only be used for beta testing purposes, and

will not be rented, leased, sold, sublicensed,

assigned, or otherwise transferred. Further,

we certify that we will not transfer or export

any product, process, or service that is the

direct product of the beta test software.

(f) Use limitations. Only testing

consignees that provide the importer

statement required by paragraph (e) of

this section may execute any software

received under General License G–

BETA.

(g) Return or disposal of software. All

beta test software exported under

General License G–BETA must be

destroyed abroad or returned to the

exporter within 30 days of the end of

the beta test period as defined by the

software producer or, if the software

producer does not define a test period,

within 30 days of completion of the

consignee’s role in the test. Among

other methods, this requirement may be

satisfied by a software module that will

destroy the software and all its copies at

or before the end of the beta test period.

PART 779—[AMENDED]

4. Part 779.2 is amended in the last

sentence by revising the phrase ‘‘exports

to Canada 7,8’’ to read ‘‘exports to

Canada 7,8, and exports of beta test

software eligible for General License G–

BETA.’’.

Dated: April 10, 1995.

Sue E. Eckert,

Assistant Secretary for Export

Administration.

[FR Doc. 95–9157 Filed 4–12–95; 8:45 am]

BILLING CODE 3510–DT–P

DEPARTMENT OF THE TREASURY

Office of the Under Secretary for

Domestic Finance

17 CFR Parts 400, 403, 405 and 449

Form G–405

AGENCY: Office of the Under Secretary

for Domestic Finance, Treasury.

ACTION: Adoption of form amendments.

SUMMARY: The Department of the

Treasury (‘‘Department’’ or ‘‘Treasury’’)

is adopting amendments to Form G–405

(Report on Finances and Operations of

Government Securities Brokers and

Dealers, or the ‘‘FOGS Report’’), which

is the form that registered government

securities brokers and dealers are

required to file pursuant to §§ 405.2 and

449.5 of the regulations issued under

the Government Securities Act of 1986

(the ‘‘Government Securities Act’’ or

‘‘GSA’’). The amendments revise

Schedule I of the FOGS Report filed

with the Securities and Exchange

Commission (‘‘SEC’’) to require

registered government securities brokers

and dealers to disclose their affiliations,

if any, with U.S. banks. The Department

is adopting the amendments unchanged

from their proposed form.

EFFECTIVE DATE: June 12, 1995.

FOR FURTHER INFORMATION CONTACT: Ken

Papaj (Director) or Lee Grandy

(Government Securities Specialist) at

202–219–3632. (TDD for hearing

impaired: 202–219–3988.)

SUPPLEMENTARY INFORMATION:

Background and Analysis

The Department adopted Form G–405

in the implementing regulations for the

GSA issued on July 24, 1987 (52 FR

27910). Sections 405.2 and 449.5 1 of the

GSA regulations require that registered

government securities brokers and

dealers use the form to make the

required monthly, quarterly and annual

financial reports to the SEC or to their

self-regulatory organization in

accordance with a plan approved by the

SEC. Pursuant to the regulations,

registered government securities brokers

and dealers are required to file financial

reports which include information on

their assets, liabilities, liquid capital,

total haircuts, and ratio of liquid capital

to total haircuts as determined in

accordance with § 402.2, among other

items, on Form G–405.

To supplement either Part II or IIA of

the FOGS Report, registered government

securities brokers and dealers are also

required to file Schedule I at the end of

each calendar year. The purpose of this

schedule is to obtain information about

the economic and financial

characteristics of the reporting

government securities broker or dealer.

The Department published the

amendments to Form G–405 in

proposed form on January 30, 1995,2

and the comment period closed on

March 1, 1995. Treasury received no

comments and these final changes to the

form are identical to the proposed

changes.

The amendments to Form G–405 add

a new item 15 to request information

about an affiliation with, or control by,

a U.S. bank. Current items 15 through

18 become items 16 through 19,

respectively. The new inquiry requires a

yes or no response, and if the response