Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 71395

265.119(c)(4) because Idaho did not seek 

authorization for those sections.

* * * * *

[FR Doc. 04–27028 Filed 12–8–04; 8:45 am] 

BILLING CODE 6560–50–P

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.

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’’

71396 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Proposed Rules 

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.

§ 650.4 [Amended] 

2. The Patent Rights clause set forth 

in § 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:

§ 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

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3612; MB Docket No. 04–287, RM–

11044] 

Radio Broadcasting Services; 

Booneville, KY

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule; dismissal.

SUMMARY: The Audio Division dismisses 

a Petition for Rule Making filed by 

Eastern Kentucky Educational Radio, 

requesting the allotment of Channel 

227A at Booneville, Kentucky as that 

community’s first local aural 

transmission service. See 69 FR 48443, 

August 10, 2004. Eastern Kentucky 

Educational Radio nor any other party, 

filed comments in support of the 

allotment of Channel 227A to 

Booneville, Kentucky. It is the 

Commission’s policy to refrain from 

making a new allotment to a community 

absent a bona fide expression of 

interest.

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Media Bureau, 

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–287, 

adopted November 17, 2004, and 

released November 22, 2004. The full 

text of this Commission decision is 

available for inspection and copying 

during regular business hours at the 

FCC’s Reference Information Center, 

Portals II, 445 Twelfth Street, SW., 

Room CY–A257, Washington, DC 20554. 

The complete text of this decision may 

also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20054, telephone 1–

800–378–3160 or http://

www.BCPIWEB.com.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–27042 Filed 12–8–04; 8:45 am] 

BILLING CODE 6712–01–P