Inclusion of Early Stage Technology Demonstration in Authorized Technology Transfer Activities, 44750-44753 [2019-18297]
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Rules and Regulations
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
GENERAL SERVICES
ADMINISTRATION
1. The authority citation for part 76
continues to read as follows:
48 CFR Parts 501, 507, 515, 538, and
552
■
Authority: 47 U.S.C. 151, 152, 153, 154,
201, 230, 301, 302, 302a, 303, 303a, 307, 308,
309, 312, 315, 317, 325, 338, 339, 340, 341,
503, 521, 522, 531, 532, 534, 535, 536, 537,
541, 542, 543, 544, 544a, 545, 548, 549, 552,
554, 556, 558, 560, 561, 571, 572, 573.
2. Revise subpart C heading to read as
follows:
■
Subpart C—Cable Franchising
■
3. Add § 76.42 to read as follows:
§ 76.42
[GSAR Case 2016–G506; Docket GSA–
GSAR–2019–0009; Sequence 1]
RIN 3090–AJ483
General Services Administration
Acquisition Regulation (GSAR);
Updates to the Issuance of GSA’s
Acquisition Policy; Correction
Office of Acquisition Policy,
General Services Administration.
ACTION: Final rule; correction.
AGENCY:
GSA is issuing a correction to
GSAR Case 2016–G506; Updates to the
Issuance of GSA’s Acquisition Policy,
which was published in the Federal
Register on July 16, 2019. This
correction amends the heading of the
document.
SUMMARY:
In-kind contributions.
(a) In-kind, cable-related
contributions are ‘‘franchise fees’’
subject to the five percent cap set forth
in 47 U.S.C. 542(b). Such contributions,
which count toward the five percent cap
at their fair market value, include any
non-monetary contributions related to
the provision of cable service by a cable
operator as a condition or requirement
of a local franchise, including but not
limited to:
(1) Costs attributable to the provision
of free or discounted cable service to
public buildings, including buildings
leased by or under control of the
franchising authority;
(2) Costs in support of public,
educational, or governmental access
facilities, with the exception of capital
costs; and
(3) Costs attributable to the
construction of institutional networks.
(b) In-kind, cable-related
contributions do not include the costs of
complying with build-out and customer
service requirements.
DATES:
Effective: August 27, 2019.
Mr.
Thomas O’Linn, Procurement Analyst,
at 202–445–0390, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite GSAR Case
2016–G509—Updates to the Issuance of
GSA’s Acquisition Policy. Corrections.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Correction
In rule FR Doc. 2019–15056,
published in the Federal Register at 84
FR 33858, on July 16, 2019, on page
33858, in the third column, in the
docket number in the document
heading, remove ‘‘GSAR Change 102’’.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2019–18408 Filed 8–26–19; 8:45 am]
■
4. Add § 76.43 to read as follows:
§ 76.43
BILLING CODE 6820–61–P
Mixed-use rule.
A franchising authority may not
regulate the provision of any services
other than cable services offered over
the cable system of a cable operator,
with the exception of channel capacity
on institutional networks.
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[FR Doc. 2019–18230 Filed 8–26–19; 8:45 am]
DEPARTMENT OF ENERGY
48 CFR Part 970
RIN 1991–AC14
Inclusion of Early Stage Technology
Demonstration in Authorized
Technology Transfer Activities
BILLING CODE 6712–01–P
Office of Management,
Department of Energy.
ACTION: Final rule; technical
amendments.
AGENCY:
The Department of Energy
(DOE) is publishing this final rule to
SUMMARY:
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amend its current acquisition
regulations regarding allowability of
costs associated with technology
transfer activities pursuant to the
Stevenson-Wydler Technology
Innovation Act of 1980, as amended.
The content of these technical
amendments correspond with the
provisions enacted by Congress through
the Department of Energy Research and
Innovation Act.
DATES: This rule is effective August 27,
2019.
ADDRESSES: The docket, which includes
Federal Register notices and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
www.regulations.gov index.
A link to the docket web page can be
found at https://www.regulations.gov.
The docket web page will contain
simple instructions on how to assess all
documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Mr.
Jason Taylor, U.S. Department of
Energy, Office of Management, at (202)–
287–1560 or by email at Jason.Taylor@
hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of This Action
III. Final Action
IV. Procedural Requirements
V. Approval of the Office of the Secretary
I. Background
Section 102 of the Department of
Energy Research and Innovation Act,
Public Law 115–246 (Research and
Innovation Act), amended section 1001
of EPACT 2005, 42 U.S.C. 16391 to
require DOE to permit specified
National Laboratories owned by DOE to
use funds authorized to support
technology transfer within DOE to carry
out early stage and precommercial
technology demonstration activities to
remove technology barriers that limit
private sector interest and demonstrate
potential commercial applications of
any research and technologies arising
from National Laboratory activities.
The Technology Transfer Mission
clause at 48 CFR 970.5227–3 (paragraph
(c)(1)) currently limits the use of funds
used to support Office of Research and
Technology Applications (ORTAs) to
three categories: (1) Obtaining,
maintaining, licensing, and assigning
Intellectual Property rights; (2)
increasing the potential for the transfer
of technology; and (3) providing
widespread notice of technology
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Rules and Regulations
transfer opportunities. Pursuant to the
Research and Innovation Act, DOE is
modifying its acquisition regulation by
amending the text of the Technology
Transfer Mission clause to add (as a
fourth category) early stage and
precommercial technology
demonstration activities to paragraph
(c)(1), ‘‘Allowable costs’’.
II. Summary of This Action
As a result of the change imposed by
the Research and Innovation Act, DOE
amends § 970.5227–3(c)(1) by revising
the second sentence to add ‘‘early stage
and precommercial technology
demonstration to remove barriers that
limit private sector interest and
demonstrate potential commercial
applications of any research and
technologies arising from Laboratory
activities.’’ DOE welcomes information
on the early stage and precommercial
technology demonstration activities that
may be enabled at the DOE National
Laboratories through the use of funds
available for technology transfer.
III. Final Action
DOE has determined, pursuant to 5
U.S.C. 553(b)(B), that prior notice and
an opportunity for public comment on
this final rule are unnecessary. This rule
inserts into the CFR, for the benefit of
the public, the Research and Innovation
Act requirement that DOE permit the
directors of the National Laboratories to
use funds authorized to support
technology transfer within the
Department to carry out early stage and
precommercial technology
demonstration activities to remove
technology barriers that limit private
sector interest and demonstrate
potential commercial applications of
any research and technologies arising
from National Laboratory activities.
DOE exercises no discretion in
amending its regulations to implement
this statutory requirement. DOE,
therefore, finds that good cause exists to
waive prior notice and an opportunity
to comment for this rulemaking. For the
same reasons, DOE, pursuant to 5 U.S.C.
553(d)(3), finds that good cause exists
for making this final rule effective upon
publication in the Federal Register.
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IV. Procedural Requirements
A. Review Under Executive Order
12866, ‘‘Regulatory Planning and
Review’’
This final rule is a not a ‘‘significant
regulatory action’’ under the criteria set
out in section 3(f) of Executive Order
12866, ‘‘Regulatory Planning and
Review.’’ 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject
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to review by the Office of Information
and Regulatory Affairs (‘‘OIRA’’) in the
Office of Management and Budget
(‘‘OMB’’).
B. Review Under Executive Orders
13771 and 13777
On January 30, 2017, the President
issued Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs.’’ That Order stated the
policy of the executive branch is to be
prudent and financially responsible in
the expenditure of funds, from both
public and private sources. The Order
stated it is essential to manage the costs
associated with the governmental
imposition of private expenditures
required to comply with Federal
regulations. This final rule is expected
to be an E.O. 13771 deregulatory action.
Additionally, on February 24, 2017,
the President issued Executive Order
13777, ‘‘Enforcing the Regulatory
Reform Agenda.’’ The Order required
the head of each agency designate an
agency official as its Regulatory Reform
Officer (RRO). Each RRO oversees the
implementation of regulatory reform
initiatives and policies to ensure that
agencies effectively carry out regulatory
reforms, consistent with applicable law.
Further, E.O. 13777 requires the
establishment of a regulatory task force
at each agency. The regulatory task force
is required to make recommendations to
the agency head regarding the repeal,
replacement, or modification of existing
regulations, consistent with applicable
law. At a minimum, each regulatory
reform task force must attempt to
identify regulations that:
(i) Eliminate jobs, or inhibit job
creation;
(ii) Are outdated, unnecessary, or
ineffective;
(iii) Impose costs that exceed benefits;
(iv) Create a serious inconsistency or
otherwise interfere with regulatory
reform initiatives and policies;
(v) Are inconsistent with the
requirements of Information Quality
Act, or the guidance issued pursuant to
that Act, in particular those regulations
that rely in whole or in part on data,
information, or methods that are not
publicly available or that are
insufficiently transparent to meet the
standard for reproducibility; or
(vi) Derive from or implement
Executive Orders or other Presidential
directives that have been subsequently
rescinded or substantially modified.
DOE concludes that this final rule is
consistent with the requirements set
forth in these executive orders. The
Research and Innovation Act amends
EPACT 2005 to require DOE to permit
the directors of the National
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Laboratories to use funds authorized to
support technology transfer within the
Department to carry out early stage and
precommercial technology
demonstration activities to remove
technology barriers that limit private
sector interest and demonstrate
potential commercial applications of
any research and technologies arising
from National Laboratory activities. The
current regulatory language does not
permit such use of these funds.
Therefore, this final rule is an Executive
Order 13771 deregulatory action.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process. 68 FR 7990. The
Department has made its procedures
and policies available on the Office of
General Counsel’s website: https://
energy.gov/gc/office-general-counsel.
This rule revises the Code of Federal
Regulations to incorporate, without
substantive change, a statutorilyrequired change to permit use of funds
authorized to support technology
transfer to carry out early stage and
precommercial technology
demonstration activities to remove
technology barriers that limit private
sector interest and demonstrate
potential commercial applications of
any research and technologies arising
from National Laboratory activities.
Because this is a technical amendment
for which a general notice of proposed
rulemaking is not required, the
Regulatory Flexibility Act does not
apply to this rulemaking.
D. Review Under the Paperwork
Reduction Act of 1995
This rulemaking imposes no new
information or record keeping
requirements. Accordingly, Office of
Management and Budget clearance is
not required under the Paperwork
Reduction Act. (44 U.S.C. 3501 et seq.)
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Rules and Regulations
E. Review Under the National
Environmental Policy Act of 1969
In this rule, DOE is incorporating
requirements prescribed by the Research
and Innovation Act. DOE has
determined that this rule falls into a
class of actions that are categorically
excluded from review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and DOE’s
implementing regulations at 10 CFR part
1021. Specifically, this rule is strictly
procedural and, therefore, would not
result in any environmental impacts.
Thus, this rulemaking is covered by
Categorical Exclusion A6 under 10 CFR
part 1021, subpart D, which applies to
procedural rulemakings. Accordingly,
neither an environmental assessment
nor an environmental impact statement
is required.
F. Review Under Executive Order 13132,
‘‘Federalism’’
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications. On March
14, 2000, DOE published a statement of
policy describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE has determined that this
rule does not limit the policymaking
discretion of the States. No further
action is required by Executive Order
13132.
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G. Review Under Executive Order
12988, ‘‘Civil Justice Reform’’
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. Section 3(b) of
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Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in section 3(a) and section
3(b) to determine whether they are met
or it is unreasonable to meet one or
more of them. DOE has completed the
required review and determined that, to
the extent permitted by law, this final
rule meets the relevant standards of
Executive Order 12988.
H. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. (Pub. L. 104–4, sec. 201
(codified at 2 U.S.C. 1531)). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA (62 FR 12820) (also available at
https://www.gc.doe.gov). This final rule
contains neither an intergovernmental
mandate nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
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under the Unfunded Mandates Reform
Act do not apply.
I. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule would not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
J. Review Under Executive Order 12630,
‘‘Governmental Actions and
Interference With Constitutionally
Protected Property Rights’’
The Department has determined,
under Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights,’’ 53 FR 8859 (March 18, 1988),
that this rule would not result in any
takings which might require
compensation under the Fifth
Amendment to the United States
Constitution.
K. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note)
provides for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (February 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (October 7, 2002). DOE has
reviewed this final rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
L. Review Under Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to the Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget, a Statement of Energy Effects for
any proposed significant energy action.
A ‘‘significant energy action’’ is defined
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Rules and Regulations
as any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy, or
(3) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
This final rule, which incorporates
recently-enacted statutory provisions
into DOE’s regulations, would not have
a significant adverse effect on the
supply, distribution, or use of energy
and, therefore, is not a significant
energy action.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule prior to its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
*
*
Technology transfer mission.
*
*
*
Technology Transfer Mission (AUG 2019)
*
*
*
*
*
(c) * * *
(1) * * * The costs associated with the
conduct of technology transfer through the
ORTA including activities associated with
obtaining, maintaining, licensing, and
assigning Intellectual Property rights,
increasing the potential for the transfer of
technology, widespread notice of technology
transfer opportunities, and early stage and
precommercial technology demonstration to
remove barriers that limit private sector
interest and demonstrate potential
commercial applications of any research and
technologies arising from Laboratory
activities, shall be deemed allowable
provided that such costs meet the other
requirements of the allowable cost provisions
of this Contract.* * *
*
*
*
*
*
[FR Doc. 2019–18297 Filed 8–26–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2018–0007;
4500030113]
V. Approval of the Office of the
Secretary
RIN 1018–BC97
The Secretary of Energy has approved
publication of this final rule.
Endangered and Threatened Wildlife
and Plants; Regulations for
Prohibitions to Threatened Wildlife and
Plants
List of Subjects in 48 CFR Part 970
Government procurement.
John R. Bashista,
Director, Office of Acquisition Management,
Department of Energy.
S. Keith Hamilton,
Deputy Associate Administrator, Acquisition
and Project Management, National Nuclear
Security Administration.
For the reasons set forth in the
preamble, DOE hereby amends chapter
9, subchapter I, of title 48 of the Code
of Federal Regulations as set forth
below:
PART 970—DOE MANAGEMENT AND
OPERATING CONTRACTS
1. The authority citation for part 970
continues to read as follows:
■
Authority: 42 U.S.C. 2201; 2282a; 2282b;
2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401
et seq.
2. Section 970.5227–3 is amended by
revising the clause date and the second
sentence of paragraph (c)(1) to read as
follows:
■
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17:38 Aug 26, 2019
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
Signed in Washington, DC, July 24, 2019.
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970.5227–3
Jkt 247001
We, the U.S. Fish and
Wildlife Service (Service or FWS),
revise our regulations related to
threatened species to remove the prior
default extension of most of the
prohibitions for activities involving
endangered species to threatened
species. For species already listed as a
threatened species, the revised
regulations do not alter the applicable
prohibitions. The revised regulations
provide that the Service, pursuant to
section 4(d) of the Endangered Species
Act (‘‘ESA’’ or the ‘‘Act’’), will
determine what protective regulations
are appropriate for species added to or
reclassified on the lists of threatened
species.
DATES: This final regulation is effective
on September 26, 2019.
ADDRESSES: This final regulation is
available on the internet at https://
www.regulations.gov in Docket No.
FWS–HQ–ES–2018–0007. Comments
SUMMARY:
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44753
and materials received, as well as
supporting documentation used in the
preparation of this final regulation, are
also available at the same website.
FOR FURTHER INFORMATION CONTACT:
Bridget Fahey, U.S. Fish and Wildlife
Service, Division of Conservation and
Classification, 5275 Leesburg Pike, Falls
Church, VA 22041–3803, telephone
703/358–2171. If you use a
telecommunications device for the deaf
(TDD), call the Federal Relay Service at
800/877–8339.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2018, the Service
published proposed regulation revisions
in the Federal Register (83 FR 35174)
regarding section 4(d) of the Act and its
implementing regulations in title 50 of
the Code of Federal Regulations at 50
CFR part 17 setting forth the
prohibitions for species listed as
threatened on the Federal Lists of
Endangered and Threatened Wildlife
and Plants (lists). In the July 25, 2018,
Federal Register document, we
provided the background for our
proposed regulation revisions in terms
of the statute, legislative history, and
case law.
The regulations that implement the
ESA are located in title 50 of the Code
of Federal Regulations. This final rule
revises regulations found in part 17 of
title 50, particularly in subpart D, which
pertains to threatened wildlife, and
subpart G, which pertains to threatened
plants.
In this final rule, we amend §§ 17.31
and 17.71. Among other changes,
language is added in both sections to
paragraph (a) to specify that its
provisions apply only to species listed
as threatened species on or before the
effective date of this rule. Species listed
or reclassified as a threatened species
after the effective date of this rule would
have protective regulations only if the
Service promulgates a species-specific
rule (also referred to as a special rule).
In those cases, we intend to finalize the
species-specific rule concurrent with
the final listing or reclassification
determination. Notwithstanding our
intention, we have discretion to revise
or promulgate species-specific rules at
any time after the final listing or
reclassification determination.
This change makes our regulatory
approach for threatened species similar
to the approach that the National
Marine Fisheries Service (NMFS) has
taken since Congress added section 4(d)
to the Act, as discussed below. The
protective regulations that currently
apply to threatened species would not
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]]>Agencies
[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Rules and Regulations]
[Pages 44750-44753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18297]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
48 CFR Part 970
RIN 1991-AC14
Inclusion of Early Stage Technology Demonstration in Authorized
Technology Transfer Activities
AGENCY: Office of Management, Department of Energy.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is publishing this final rule
to amend its current acquisition regulations regarding allowability of
costs associated with technology transfer activities pursuant to the
Stevenson-Wydler Technology Innovation Act of 1980, as amended. The
content of these technical amendments correspond with the provisions
enacted by Congress through the Department of Energy Research and
Innovation Act.
DATES: This rule is effective August 27, 2019.
ADDRESSES: The docket, which includes Federal Register notices and
other supporting documents/materials, is available for review at
https://www.regulations.gov. All documents in the docket are listed in
the https://www.regulations.gov index.
A link to the docket web page can be found at https://www.regulations.gov. The docket web page will contain simple
instructions on how to assess all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Mr. Jason Taylor, U.S. Department of
Energy, Office of Management, at (202)-287-1560 or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of This Action
III. Final Action
IV. Procedural Requirements
V. Approval of the Office of the Secretary
I. Background
Section 102 of the Department of Energy Research and Innovation
Act, Public Law 115-246 (Research and Innovation Act), amended section
1001 of EPACT 2005, 42 U.S.C. 16391 to require DOE to permit specified
National Laboratories owned by DOE to use funds authorized to support
technology transfer within DOE to carry out early stage and
precommercial technology demonstration activities to remove technology
barriers that limit private sector interest and demonstrate potential
commercial applications of any research and technologies arising from
National Laboratory activities.
The Technology Transfer Mission clause at 48 CFR 970.5227-3
(paragraph (c)(1)) currently limits the use of funds used to support
Office of Research and Technology Applications (ORTAs) to three
categories: (1) Obtaining, maintaining, licensing, and assigning
Intellectual Property rights; (2) increasing the potential for the
transfer of technology; and (3) providing widespread notice of
technology
[[Page 44751]]
transfer opportunities. Pursuant to the Research and Innovation Act,
DOE is modifying its acquisition regulation by amending the text of the
Technology Transfer Mission clause to add (as a fourth category) early
stage and precommercial technology demonstration activities to
paragraph (c)(1), ``Allowable costs''.
II. Summary of This Action
As a result of the change imposed by the Research and Innovation
Act, DOE amends Sec. 970.5227-3(c)(1) by revising the second sentence
to add ``early stage and precommercial technology demonstration to
remove barriers that limit private sector interest and demonstrate
potential commercial applications of any research and technologies
arising from Laboratory activities.'' DOE welcomes information on the
early stage and precommercial technology demonstration activities that
may be enabled at the DOE National Laboratories through the use of
funds available for technology transfer.
III. Final Action
DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior
notice and an opportunity for public comment on this final rule are
unnecessary. This rule inserts into the CFR, for the benefit of the
public, the Research and Innovation Act requirement that DOE permit the
directors of the National Laboratories to use funds authorized to
support technology transfer within the Department to carry out early
stage and precommercial technology demonstration activities to remove
technology barriers that limit private sector interest and demonstrate
potential commercial applications of any research and technologies
arising from National Laboratory activities. DOE exercises no
discretion in amending its regulations to implement this statutory
requirement. DOE, therefore, finds that good cause exists to waive
prior notice and an opportunity to comment for this rulemaking. For the
same reasons, DOE, pursuant to 5 U.S.C. 553(d)(3), finds that good
cause exists for making this final rule effective upon publication in
the Federal Register.
IV. Procedural Requirements
A. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
This final rule is a not a ``significant regulatory action'' under
the criteria set out in section 3(f) of Executive Order 12866,
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject to review by the Office of
Information and Regulatory Affairs (``OIRA'') in the Office of
Management and Budget (``OMB'').
B. Review Under Executive Orders 13771 and 13777
On January 30, 2017, the President issued Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs.'' That Order
stated the policy of the executive branch is to be prudent and
financially responsible in the expenditure of funds, from both public
and private sources. The Order stated it is essential to manage the
costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations. This final
rule is expected to be an E.O. 13771 deregulatory action.
Additionally, on February 24, 2017, the President issued Executive
Order 13777, ``Enforcing the Regulatory Reform Agenda.'' The Order
required the head of each agency designate an agency official as its
Regulatory Reform Officer (RRO). Each RRO oversees the implementation
of regulatory reform initiatives and policies to ensure that agencies
effectively carry out regulatory reforms, consistent with applicable
law. Further, E.O. 13777 requires the establishment of a regulatory
task force at each agency. The regulatory task force is required to
make recommendations to the agency head regarding the repeal,
replacement, or modification of existing regulations, consistent with
applicable law. At a minimum, each regulatory reform task force must
attempt to identify regulations that:
(i) Eliminate jobs, or inhibit job creation;
(ii) Are outdated, unnecessary, or ineffective;
(iii) Impose costs that exceed benefits;
(iv) Create a serious inconsistency or otherwise interfere with
regulatory reform initiatives and policies;
(v) Are inconsistent with the requirements of Information Quality
Act, or the guidance issued pursuant to that Act, in particular those
regulations that rely in whole or in part on data, information, or
methods that are not publicly available or that are insufficiently
transparent to meet the standard for reproducibility; or
(vi) Derive from or implement Executive Orders or other
Presidential directives that have been subsequently rescinded or
substantially modified.
DOE concludes that this final rule is consistent with the
requirements set forth in these executive orders. The Research and
Innovation Act amends EPACT 2005 to require DOE to permit the directors
of the National Laboratories to use funds authorized to support
technology transfer within the Department to carry out early stage and
precommercial technology demonstration activities to remove technology
barriers that limit private sector interest and demonstrate potential
commercial applications of any research and technologies arising from
National Laboratory activities. The current regulatory language does
not permit such use of these funds. Therefore, this final rule is an
Executive Order 13771 deregulatory action.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. The Department
has made its procedures and policies available on the Office of General
Counsel's website: https://energy.gov/gc/office-general-counsel. This
rule revises the Code of Federal Regulations to incorporate, without
substantive change, a statutorily-required change to permit use of
funds authorized to support technology transfer to carry out early
stage and precommercial technology demonstration activities to remove
technology barriers that limit private sector interest and demonstrate
potential commercial applications of any research and technologies
arising from National Laboratory activities. Because this is a
technical amendment for which a general notice of proposed rulemaking
is not required, the Regulatory Flexibility Act does not apply to this
rulemaking.
D. Review Under the Paperwork Reduction Act of 1995
This rulemaking imposes no new information or record keeping
requirements. Accordingly, Office of Management and Budget clearance is
not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et
seq.)
[[Page 44752]]
E. Review Under the National Environmental Policy Act of 1969
In this rule, DOE is incorporating requirements prescribed by the
Research and Innovation Act. DOE has determined that this rule falls
into a class of actions that are categorically excluded from review
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, this rule is strictly procedural and, therefore, would
not result in any environmental impacts. Thus, this rulemaking is
covered by Categorical Exclusion A6 under 10 CFR part 1021, subpart D,
which applies to procedural rulemakings. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
F. Review Under Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE has determined that
this rule does not limit the policymaking discretion of the States. No
further action is required by Executive Order 13132.
G. Review Under Executive Order 12988, ``Civil Justice Reform''
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. Section 3(b) of Executive
Order 12988 specifically requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this final rule meets the relevant standards of
Executive Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. (Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531)).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA (62 FR 12820) (also available
at https://www.gc.doe.gov). This final rule contains neither an
intergovernmental mandate nor a mandate that may result in the
expenditure of $100 million or more in any year, so these requirements
under the Unfunded Mandates Reform Act do not apply.
I. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule would not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
J. Review Under Executive Order 12630, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights''
The Department has determined, under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would
not result in any takings which might require compensation under the
Fifth Amendment to the United States Constitution.
K. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
DOE has reviewed this final rule under the OMB and DOE guidelines and
has concluded that it is consistent with applicable policies in those
guidelines.
L. Review Under Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
[[Page 44753]]
as any action by an agency that promulgates or is expected to lead to
promulgation of a final rule, and that: (1) Is a significant regulatory
action under Executive Order 12866, or any successor order; and (2) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (3) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the action
and their expected benefits on energy supply, distribution, and use.
This final rule, which incorporates recently-enacted statutory
provisions into DOE's regulations, would not have a significant adverse
effect on the supply, distribution, or use of energy and, therefore, is
not a significant energy action.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 48 CFR Part 970
Government procurement.
Signed in Washington, DC, July 24, 2019.
John R. Bashista,
Director, Office of Acquisition Management, Department of Energy.
S. Keith Hamilton,
Deputy Associate Administrator, Acquisition and Project Management,
National Nuclear Security Administration.
For the reasons set forth in the preamble, DOE hereby amends
chapter 9, subchapter I, of title 48 of the Code of Federal Regulations
as set forth below:
PART 970--DOE MANAGEMENT AND OPERATING CONTRACTS
0
1. The authority citation for part 970 continues to read as follows:
Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101
et seq.; 50 U.S.C. 2401 et seq.
0
2. Section 970.5227-3 is amended by revising the clause date and the
second sentence of paragraph (c)(1) to read as follows:
970.5227-3 Technology transfer mission.
* * * * *
Technology Transfer Mission (AUG 2019)
* * * * *
(c) * * *
(1) * * * The costs associated with the conduct of technology
transfer through the ORTA including activities associated with
obtaining, maintaining, licensing, and assigning Intellectual
Property rights, increasing the potential for the transfer of
technology, widespread notice of technology transfer opportunities,
and early stage and precommercial technology demonstration to remove
barriers that limit private sector interest and demonstrate
potential commercial applications of any research and technologies
arising from Laboratory activities, shall be deemed allowable
provided that such costs meet the other requirements of the
allowable cost provisions of this Contract.* * *
* * * * *
[FR Doc. 2019-18297 Filed 8-26-19; 8:45 am]
BILLING CODE 6450-01-P
