[Federal Register: December 9, 2004 (Volume 69, Number 236)]
[Proposed Rules]
[Page 71395-71396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de04-31]
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NATIONAL SCIENCE FOUNDATION
45 CFR Part 650
RIN 3145-AA44
Minor Amendments To Rule on Inventions and Patents Resulting From
Grants, Cooperative Agreements, and Contracts
AGENCY: National Science Foundation.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This action would amend the NSF Patents regulation to require
grantees to use an electronic reporting and management system for
inventions made with NSF assistance.
DATES: Comments must reach the NSF Patent Assistant on or before
February 7, 2005.
ADDRESSES: All comments should be addressed to: NSF Patent Assistant at
patents@nsf.gov or at Office of the General Counsel, National Science
Foundation 4201 Wilson Boulevard, Arlington, VA 22230.
FOR FURTHER INFORMATION CONTACT: Robin Clay Fritsch, NSF Patent
Assistant, at patents@nsf.gov or on (703) 292-8060 (voice) or (703)
292-9041 (facsimile).
SUPPLEMENTARY INFORMATION: This amendment would revise the current NSF
patent regulation published as part 650 of title 45 of the Code of
Federal Regulations to require NSF awardees to use the Edison Invention
Information Management System maintained by the National Institutes of
Health to handle NSF-assisted inventions. This is consistent with the
Foundation's requirement that all proposals seeking NSF financial
assistance and all reports on NSF-assisted projects be submitted
electronically.
Submit electronic comments as an ASCII file avoiding the use of
special characters and any form of encryption. Identify all comments
sent electronically with subject line: Comments to Proposed Rulemaking.
Determinations
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), I have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. I certify under 5 U.S.C. 605(b) that this proposed rule would
not have a significant economic impact on a substantial number of small
entities. This rule would possibly affect the following entities, some
of which may be small entities: NSF grantees, including those funded
under our Small Business Innovation Research and Small Business
Technology Transfer Programs, and recipients of subcontracts under NSF
grants.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Robin Clay Fritsch, NSF Patent
Assistant, on (703) 292-8060 (voice), (703) 292-9041 (facsimile), or
patents@nsf.gov.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. I have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. This proposed rule would not result in such an expenditure.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
I have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effective
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
I have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, and determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action''
[[Page 71396]]
under Executive Order 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The
Administrator of the Office of Information and Regulatory Affairs has
not designed it as a significant energy action. Therefore, it does not
require a Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
List of Subjects in 45 CFR Part 650
Government procurement, Grant programs--science and technology,
Inventions and patents, Nonprofit organizations, Small businesses.
Lawrence Rudolph,
General Counsel.
Accordingly, Title 45 of the Code of Federal Regulations part 650
is proposed to be amended as follows:
PART 650--PATENTS
1. The authority citation for Part 650 continues to read as
follows:
Authority: 35 U.S.C. 200-212; 42 U.S.C. 1870(e) and 1871; and
the Presidential Memorandum entitled ``Government Patent Policy'',
issued February 18, 1983.
Sec. 650.4 [Amended]
2. The Patent Rights clause set forth in Sec. 650.4(a) is amended:
A. By removing ``SEPTEMBER, 1997'' in its heading and adding in its
place, ``FEBRUARY, 2005''.
B. By removing the words ``shall be in the form of a written
report'' in paragraph (c)(1) and adding in its place, ``will be
submitted via the iEdison Invention Information Management System
maintained by the National Institutes of Health'';
C. By removing the words ``forward to NSF'' in paragraph (f)(5) and
adding in its place, ``submit electronically to NSF via the iEdison
Invention Information Management System maintained by the National
Institutes of Health''; and
D. By revising paragraph (l) to read:
(l) Communications. All communications required by this Patents
Rights clause must be submitted through the iEdison Invention
Information Management System maintained by the National Institutes of
Health unless prior permission for another form of submission is
obtained from the Patent Assistant at patents@nsf.gov or at Office of
the General Counsel, National Science Foundation, 4201 Wilson
Boulevard, Arlington, VA 22230.
3. Section 650.19 is revised to read:
Sec. 650.19 Electronic invention handling.
(a) Grantees must use the iEdison Invention Information Management
System maintained by the National Institutes of Health to disclose NSF
subject inventions. Detailed instructions for use of that system are
provided at https://s-edison.info.nih.gov/iEdison/ and should be
followed for NSF subject inventions except that:
(1) All communications required must be provided electronically as
a PDF or TIFF file through iEdison unless prior permission for another
form of submission is obtained from the Patent Assistant.
(2) NSF does not require either an Annual Utilization Report or a
Final Invention Statement and Certification.
(b) Questions on use of iEdison and requests for persmission to
submit material in other forms may be sent to the NSF Patent Assistant
at patents@nsf.gov or at Office of the General Counsel, National
Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.
[FR Doc. 04-27034 Filed 12-8-04; 8:45 am]
BILLING CODE 7555-01-P