NASA Grant and Cooperative Agreement Handbook-Patent Rights and Rights in Data, CSC Programs, 28774-28775 [06-4493]

Download as PDF 28774 Federal Register / Vol. 71, No. 96 / Thursday, May 18, 2006 / Rules and Regulations (AIR–140), Aircraft Certification Service, Federal Aviation Administration, 6500 S. MacArthur Blvd, ARB Room 308, Oklahoma City, OK 73169; telephone (405) 954–7072; facsimile (405) 954–2209, e-mail ralph.meyer@faa.gov. For legal issues, Karen Petronis, Office of the Chief Counsel, Regulations Division (AGC– 200), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267–3073; facsimile (202) 267–7971; email karen.petronis@faa.gov. [address of original contact person]. SUPPLEMENTARY INFORMATION: expiration date shown on the document granting the authorization. * * * * * Issued in Washington, DC on May 10, 2006. Tony F. Fazio, Director, Office of Rulemaking, Aviation Safety. [FR Doc. 06–4626 Filed 5–17–06; 8:45 am] BILLING CODE 4910–13–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Part 1260 Background RIN 2700–AD24 When the FAA issued the final rule, ‘‘Establishment of Organization Designation Authorization Program’’ in October 2005, we inadvertently omitted two section references from paragraph (b) of § 183.15. This paragraph provides for the duration of certificates for Flight Standards or Aircraft Certification Service Designated Representatives. The references omitted were to the sections describing the privileges of pilot examiners (§ 183.23) and technical personnel examiners (§ 183.25). This correction adds those two references to § 183.15(b). NASA Grant and Cooperative Agreement Handbook—Patent Rights and Rights in Data, CSC Programs Need for Correction The omission of these two references could cause confusion with regard to the duration of the two referenced delegations. List of Subjects in 14 CFR Part 183 Aircraft, Airmen, Authority delegations (Government agencies), Health professions, Reporting and recordkeeping requirements. Accordingly, 14 CFR part 183 is corrected as follows: I PART 183—REPRESENTATIVES OF THE ADMINISTRATOR 1. The authority citation for part 183 continues to read as follows: I Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 40113, 44702, 45303. 2. Revise § 183.15(b) to read as follows: I § 183.15 Duration of certificates. rmajette on PROD1PC67 with RULES * * * * * (b) Unless sooner terminated under paragraph (c) of this section, a designation as Flight Standards or Aircraft Certification Service Designated Representative as described in §§ 183.23, 183.25, 183.27, 183.29, 183.31, or 183.33 is effective until the VerDate Aug<31>2005 15:00 May 17, 2006 Jkt 208001 National Aeronautics and Space Administration. ACTION: Final rule. AGENCY: SUMMARY: This final rule amends 14 CFR 1260.20(e), ‘‘Provisions,’’ and the introductory paragraph to Exhibit E (Commercial Space Centers Program Grants/Cooperative Agreements Intellectual Property) to clarify that the ‘‘Patent Rights’’ and ‘‘Rights in Data— CSC Program’’ special conditions in Exhibit E are to be used in all grants or cooperative agreements awarded to Commercial Space Centers (CSC) under the Space Development and Commercial Research (SDCR) Program instead of (rather than in addition to) the general conditions for Patent Rights (§ 1260.28) and Rights in Data (§ 1260.30). In addition, this final rule makes an administrative change to correct a crossreference error in paragraph (e) of the general condition entitled, ‘‘Patent Rights,’’ § 1260.28. DATES: Effective Date: May 18, 2006. FOR FURTHER INFORMATION CONTACT: Paul Brundage, NASA Headquarters, Contract Management Division, Washington, DC, (202) 358–0481, email: paul.d.brundage@nasa.gov. SUPPLEMENTARY INFORMATION: A. Background The Grant Handbook at § 1260.20(e) requires use of Exhibit E, Special Conditions for Cooperative Agreements between NASA and the Commercial Space Centers. However, Exhibit E also requires use of the general conditions which include § 1260.28, Patent Rights, and § 1260.30, Rights in Data. This coverage may have the unintentional consequence of requiring use of both the Exhibit E special conditions and the general conditions. In such case, the PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Exhibit E special conditions would take precedence since they are structured as stand-alone special conditions that supersede the general conditions. However, to avoid any potential misinterpretation or confusion, this change clarifies that the special conditions in Exhibit E replace the general conditions for patent and data rights. B. Regulatory Flexibility Act NASA certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the changes are merely clarifying existing coverage in the Grant Handbook. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because this rule does not impose any new recordkeeping or information collection requirements, or collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq. List of Subjects in 14 CFR Part 1260 Grant programs—science and technology. Tom Luedtke, Assistant Administrator for Procurement. Accordingly, 14 CFR part 1260 is amended as follows: I 1. The authority citation for 14 CFR part 1260 continues to read as follows: I Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97– 258, 96 Stat. 1003 (31 U.S.C. 6301 et seq.), and OMB Circular A–110. PART 1260—GRANTS AND COOPERATIVE AGREEMENTS 2. Amend § 1260.20 by revising paragraph (e) to read as follows: I § 1260.20 Provisions. * * * * * (e) Grants or cooperative agreements awarded by NASA to the Commercial Space Centers under the Space Development and Commercial Research (SDCR) Program require special conditions in lieu of those set forth at §§ 1260.28, Patent Rights, and 1260.30, Rights in Data. SDCR Special Conditions are required to be included in full text for all SDCR Grants and Cooperative Agreements (Exhibit E to subpart A of this part 1260). Changes or additions to these Special Conditions must be approved by the Office of Space Utilization and Product Development before the award of the grant or E:\FR\FM\18MYR1.SGM 18MYR1 Federal Register / Vol. 71, No. 96 / Thursday, May 18, 2006 / Rules and Regulations operations. Entry of persons or vessels into this temporary safety zone is prohibited unless authorized by the Captain of the Port (COTP). cooperative agreement. Requests for changes or additions are to be coordinated through the Office of Procurement, Program Operations Division. * * * * * I 3. Amend § 1260.28 by revising the date and paragraph (e) to read as follows: § 1260.28 This safety zone is effective from 8 a.m. on May 4, 2006 to 4 p.m. on July 30, 2006. The zone will be enforced every Sunday from 8 a.m. to 4 p.m. from May 4, 2006 to July 30, 2006. All times are Kilo, Local Time. DATES: Patent rights. * Documents indicated in this preamble as being available in the docket are part of docket COTP Guam 06–008 and are available for inspection or copying at Coast Guard Sector Guam between 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. I FOR FURTHER INFORMATION CONTACT: ADDRESSES: Patent Rights May 2006 * * * * * (e) The NASA implementing regulation for paragraph (g)(2) of the ‘‘Patent Rights’’ clause is at 48 CFR 1827.304–4(a)(i). * * * * 4. Amend Exhibit E to subpart A of part 1260 by revising the introductory paragraph to read as follows: Lieutenant (Junior Grade) Jose M. Rosario, U.S. Coast Guard Sector Guam at (671) 339–2001 Extension 159. The following Space Development and Commercial Research (SDCR) Special Conditions replace General Conditions §§ 1260.28, Patent Rights, and 1260.30, Rights in Data. Insert these Special Conditions in full text in all SDCR Grants and Cooperative Agreements in addition to the General Conditions in the NASA Grant and Cooperative Agreement Handbook (except for §§ 1260.28 and 1260.30). Any changes or additions to these Special Conditions must be approved by the Office of Procurement, NASA Headquarters, Procurement Operations Division, before award of the agreement. SUPPLEMENTARY INFORMATION: Regulatory Information AGENCY: We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The precise location of this detonation operation site, and the need for this safety zone, was not determined until less than 30 days before the range operations were scheduled to begin. Publishing an NPRM and delaying the effective date would be contrary to the public interest because the Air Force operations would begin before the rulemaking process was complete, thereby jeopardizing the safety of people and property unknowingly transiting or remaining in the area. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The COTP finds this good cause to be the immediate need for a safety zone to allay the aforementioned safety concerns surrounding the detonation operations. ACTION: Background and Purpose * * * * * [FR Doc. 06–4493 Filed 5–17–06; 8:45 am] BILLING CODE 7510–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP Guam 06–008] RIN 1625–AA00 rmajette on PROD1PC67 with RULES Safety Zone; Tarague Basin and Adjacent Waters, GU Coast Guard, DHS. Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone in the waters of the North Pacific Ocean bounded by a circle with a 2077-yard radius, centered at 13°35′35″ North Latitude and 144°56′29″ East Longitude (NAD 1983) in the vicinity of Pati Point, Guam. This safety zone is necessary to protect mariners who would otherwise transit or be within this area from possible safety hazards associated with U.S. Air Force detonation range VerDate Aug<31>2005 15:00 May 17, 2006 Jkt 208001 The Coast Guard expects that, every Sunday from 8 a.m. to 4 p.m. from May 4, 2006 to July 30, 2006, the U.S. Air Force will conduct range operations within the Guam Captain of the Port Zone. The Coast Guard has determined that a temporary safety zone in the waters of Tarague Basin bounded by a circle with a 2077-yard radius in the vicinity of Pati Point, Guam is necessary to protect people and property from hazards associated with the operation. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 28775 Discussion of Rule This temporary safety zone will be enforced every Sunday from 8 a.m. to 4 p.m. from May 4, 2006 to July 30, 2006. It is located within the Guam Captain of the Port Zone (See 33 CFR 3.70–15) and covers all waters bounded by a circle with a 2077-yard radius, centered at 13°35′35″ North Latitude and 144°56′29″ East Longitude (NAD 1983), from the surface of the water to the ocean floor. The general regulations governing safety zones contained in 33 CFR 165.23 apply. Entry into, transit through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce the zone. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime safety. Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under § 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under § 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This expectation is based on the short durations of the zone and the limited geographic area affected by it. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule will 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. We expect that there will be little or no impact to small entities due to the narrowly tailored scope of this safety zone. E:\FR\FM\18MYR1.SGM 18MYR1

Agencies

[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Rules and Regulations]
[Pages 28774-28775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4493]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1260

RIN 2700-AD24


NASA Grant and Cooperative Agreement Handbook--Patent Rights and 
Rights in Data, CSC Programs

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: This final rule amends 14 CFR 1260.20(e), ``Provisions,'' and 
the introductory paragraph to Exhibit E (Commercial Space Centers 
Program Grants/Cooperative Agreements Intellectual Property) to clarify 
that the ``Patent Rights'' and ``Rights in Data--CSC Program'' special 
conditions in Exhibit E are to be used in all grants or cooperative 
agreements awarded to Commercial Space Centers (CSC) under the Space 
Development and Commercial Research (SDCR) Program instead of (rather 
than in addition to) the general conditions for Patent Rights (Sec.  
1260.28) and Rights in Data (Sec.  1260.30).
    In addition, this final rule makes an administrative change to 
correct a cross-reference error in paragraph (e) of the general 
condition entitled, ``Patent Rights,'' Sec.  1260.28.

DATES: Effective Date: May 18, 2006.

FOR FURTHER INFORMATION CONTACT: Paul Brundage, NASA Headquarters, 
Contract Management Division, Washington, DC, (202) 358-0481, e-mail: 
paul.d.brundage@nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    The Grant Handbook at Sec.  1260.20(e) requires use of Exhibit E, 
Special Conditions for Cooperative Agreements between NASA and the 
Commercial Space Centers. However, Exhibit E also requires use of the 
general conditions which include Sec.  1260.28, Patent Rights, and 
Sec.  1260.30, Rights in Data. This coverage may have the unintentional 
consequence of requiring use of both the Exhibit E special conditions 
and the general conditions. In such case, the Exhibit E special 
conditions would take precedence since they are structured as stand-
alone special conditions that supersede the general conditions. 
However, to avoid any potential misinterpretation or confusion, this 
change clarifies that the special conditions in Exhibit E replace the 
general conditions for patent and data rights.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
because the changes are merely clarifying existing coverage in the 
Grant Handbook.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not impose any new recordkeeping or information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public that require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501 et seq.

List of Subjects in 14 CFR Part 1260

    Grant programs--science and technology.

Tom Luedtke,
Assistant Administrator for Procurement.

0
Accordingly, 14 CFR part 1260 is amended as follows:
0
1. The authority citation for 14 CFR part 1260 continues to read as 
follows:

    Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97-258, 96 Stat. 1003 
(31 U.S.C. 6301 et seq.), and OMB Circular A-110.

PART 1260--GRANTS AND COOPERATIVE AGREEMENTS

0
2. Amend Sec.  1260.20 by revising paragraph (e) to read as follows:


Sec.  1260.20  Provisions.

* * * * *
    (e) Grants or cooperative agreements awarded by NASA to the 
Commercial Space Centers under the Space Development and Commercial 
Research (SDCR) Program require special conditions in lieu of those set 
forth at Sec. Sec.  1260.28, Patent Rights, and 1260.30, Rights in 
Data. SDCR Special Conditions are required to be included in full text 
for all SDCR Grants and Cooperative Agreements (Exhibit E to subpart A 
of this part 1260). Changes or additions to these Special Conditions 
must be approved by the Office of Space Utilization and Product 
Development before the award of the grant or

[[Page 28775]]

cooperative agreement. Requests for changes or additions are to be 
coordinated through the Office of Procurement, Program Operations 
Division.
* * * * *

0
3. Amend Sec.  1260.28 by revising the date and paragraph (e) to read 
as follows:


Sec.  1260.28  Patent rights.

Patent Rights

    May 2006
* * * * *
    (e) The NASA implementing regulation for paragraph (g)(2) of the 
``Patent Rights'' clause is at 48 CFR 1827.304-4(a)(i).
* * * * *

0
4. Amend Exhibit E to subpart A of part 1260 by revising the 
introductory paragraph to read as follows:

    The following Space Development and Commercial Research (SDCR) 
Special Conditions replace General Conditions Sec. Sec.  1260.28, 
Patent Rights, and 1260.30, Rights in Data. Insert these Special 
Conditions in full text in all SDCR Grants and Cooperative 
Agreements in addition to the General Conditions in the NASA Grant 
and Cooperative Agreement Handbook (except for Sec. Sec.  1260.28 
and 1260.30). Any changes or additions to these Special Conditions 
must be approved by the Office of Procurement, NASA Headquarters, 
Procurement Operations Division, before award of the agreement.
* * * * *
[FR Doc. 06-4493 Filed 5-17-06; 8:45 am]
BILLING CODE 7510-01-P