Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 4887 

the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by E.O. 13132. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104)–4) requires a 

federal agency to perform a detailed 

assessment of costs and benefits of any 

rule imposing a federal mandate with 

costs to state, local or tribal 

governments, or to the private sector. 

This rulemaking does not impose a 

federal mandate on state, local or tribal 

governments or on the private sector. 

H. 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 

or policy that may affect family well 

being. This rule will have no impact on 

family, the autonomy or integrity of the 

family as an institution. Accordingly, 

DOE has concluded that it is not 

necessary to prepare a Family Policy 

Assessment. 

I. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

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 today’s rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

J. Review Under Executive Order 13211 

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), OMB, a Statement of Energy 

Effects for any significant energy action. 

A ‘‘significant energy action’’ is defined 

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 E.O. 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 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. Today’s rule is not 

a significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

K. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress 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). 

L. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary of Energy 

has approved issuance of this final rule. 

List of Subjects in 10 CFR Part 780 

Administrative practice and 

procedure, Inventions and patents. 

Issued in Washington, DC, on December 

23, 2011. 

Daniel B. Poneman, 

Deputy Secretary of Energy. 

For the reasons set forth in the 

preamble, DOE amends Chapter III of 

Title 10 of the Code of Federal 

Regulation as set forth below: 

PART 780—PATENT COMPENSATION 

BOARD REGULATIONS 

■ 1. The authority citation for part 780 

continues to read as follows: 

Authority: 42 U.S.C. 7151, 7254; 42 U.S.C. 

5814, 5815; 42 U.S.C. 2183, 2187, 2223; 35 

U.S.C. 183; North American Free Trade 

Agreement, Article 1709(10), as implemented 

by the North American Free Trade 

Agreement Implementation Act, Pub. L. 103– 

182. 

■ 2. Section 780.4 is revised to read as 

follows: 

§ 780.4 Filing and service of documents. 

(a) All communications regarding 

proceedings subject to this part should 

be addressed to: Chairman, Patent 

Compensation Board, U.S. Department 

of Energy, 1000 Independence Avenue 

SW., Washington, DC 20585. All 

documents offered for filing shall be 

accompanied by proof of service upon 

all parties to the proceeding or their 

attorneys of record as required by law, 

rule, or order of the Department. Service 

on the Department shall be by mail or 

delivery to: Office of Assistant General 

Counsel for Technology Transfer and 

Intellectual Property, U.S. Department 

of Energy, 1000 Independence Avenue 

SW., Washington, DC 20585. 

(b) Filing by mail will be deemed to 

be complete as of the time of deposit in 

the United States mail. 

■ 3. Revise § 780.9 to read as follows: 

§ 780.9 Make-up of the Patent 

Compensation Board. 

The DOE Secretary of Energy, or a 

person acting in that position, shall 

appoint a three member panel to serve 

as the Patent Compensation Board to 

hear and decide cases falling under the 

subject matter jurisdiction set forth in 

§ 780.3 of this part. The Secretary of 

Energy shall further designate one 

member as the chairman. The Board 

may be appointed to hear cases on an 

ad hoc basis, or on other such term of 

service deemed appropriate by the 

Secretary. All proceedings shall be 

conducted pursuant to rules of 

procedure provided by the Board. 

[FR Doc. 2012–2159 Filed 1–31–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 781 

RIN 1990–AA41 

DOE Patent Licensing Regulations 

AGENCY: Office of the General Counsel, 

Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is amending its patent licensing 

regulations to remove outdated sections 

and provide for the creation of a new 

appeal authority to serve as the 

Invention Licensing Appeal Board. 

Under the new regulations, the DOE 

Deputy General Counsel for Technology 

Transfer and Procurement shall hear 

and decide appeals relating to licensing 

of federally-owned inventions; and to 

copyright licenses granted in works 

created under management and 

operating (M & O) contracts with DOE, 

but not including M & O contracts 

administered by the National Nuclear 

Security Administration (NNSA) for 

NNSA facilities. The NNSA Deputy 

General Counsel for Procurement shall 

hear and decide appeals under 

management and operating contracts 

administered by NNSA for NNSA 

facilities. 


tkelley on DSK3SPTVN1PROD with RULES
4888 Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 

DATES: Effective Date: This final rule is 

effective February 1, 2012. 

FOR FURTHER INFORMATION CONTACT: John 

T. Lucas, Office of the Assistant General 

Counsel for Technology Transfer and 

Intellectual Property, U.S. Department 

of Energy, Forrestal Building, Room 6F– 

067, 1000 Independence Avenue SW., 

Washington, DC 20585; Telephone: 

(202) 586–2802. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

II. Final Action 

III. Regulatory Review 

I. Discussion 

The DOE regulations at 10 CFR part 

781 were promulgated to establish the 

procedures, terms, and conditions upon 

which licenses may be granted in 

inventions covered by patents or patent 

applications vested in the United States 

of America, as represented by or in the 

custody of DOE. Pursuant to the 

authority of 35 U.S.C. 206, the 

Department of Commerce since issued 

regulations on licensing of governmentowned inventions, which are codified at 

37 CFR part 404. Those regulations 

currently supersede, to the extent 

inconsistent, the DOE regulations at 10 

CFR part 781 and similarly prescribe the 

terms, conditions, and procedures upon 

which a federally-owned invention may 

be licensed. 10 CFR part 781 has served 

to supplement 37 CFR part 404 to 

include, among other things, provisions 

for appeals, referencing procedures of 

the DOE Board of Contract Appeals. The 

DOE Board of Contract Appeals has 

since been terminated. That board 

served as the Invention Licensing 

Appeal Board under the current DOE 

regulations at 10 CFR part 781. 

Accordingly, several sections of part 781 

contain language that has become 

outdated since the codification of the 

DOE patent licensing regulations. 

Also, since the original codification of 

the patent licensing regulations at 10 

CFR part 781, DOE has promulgated the 

regulations at 48 CFR part 970, which 

govern its M & O contracts. Those 

regulations provide that M & O 

contractors may with agency permission 

assert copyright in works first produced 

in performance of their contracts. 

However, where the contractor has not 

made a satisfactory demonstration that 

it or any of its licensees is pursuing 

commercialization, DOE may require 

that licenses be granted to other 

responsible applicants. Pursuant to 48 

CFR 970.5227–2(e)(3)(vi), M & O 

contractors may appeal such decisions 

to the Invention Licensing Appeal 

Board. 

DOE takes this opportunity to amend 

its regulations at 10 CFR part 781 to 

remove outdated sections and provide 

for the creation of a new appeal 

authority to serve as the Invention 

Licensing Appeal Board. Under the new 

regulations, the DOE Deputy General 

Counsel for Technology Transfer and 

Procurement shall hear and decide 

appeals arising under: (1) 37 CFR 

404.11, relating to licensing of federallyowned inventions; and (2) 48 CFR 970– 

5227–2(e)(3)(vi), relating to copyright 

licenses granted in works created under 

M & O contracts with DOE, but not 

including M & O contracts administered 

by NNSA for NNSA facilities. The 

NNSA Deputy General Counsel for 

Procurement shall hear and decide 

appeals under 48 CFR 970–5227– 

2(e)(3)(vi) arising under M & O contracts 

administered by NNSA for NNSA 

facilities. 

II. Final Action 

DOE is publishing this final rule 

without prior notice and opportunity for 

public comment, and is making the rule 

effective upon publication in the 

Federal Register, because the 

Administrative Procedure Act exempts 

rules of procedure from its notice and 

comment and delayed effective date 

requirements (5 U.S.C. 553(b)(3)(A) and 

(d)). 

III. Regulatory Review 

A. Review Under Executive Order 12866 

This regulatory action has been 

determined not to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ (58 FR 51735, October 4, 1993). 

Accordingly, this final rule was not 

subject to review under the Executive 

Order by the Office of Information and 

Regulatory Affairs within the Office of 

Management and Budget (OMB). 

B. 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. Because a 

general notice of proposed rulemaking 

is not required by any law, the 

analytical provisions of the Regulatory 

Flexibility Act do not apply, and DOE 

has not prepared a regulatory flexibility 

analysis for this rulemaking. 

C. Review Under the National 

Environmental Policy Act 

Pursuant to the Council on 

Environmental Quality Regulations (40 

CFR parts 1500–08), DOE has 

established regulations for its 

compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). Pursuant to 

Appendix A of Subpart D of 10 CFR part 

1021, DOE has determined that today’s 

regulatory action is strictly procedural 

(Categorical Exclusion A6). 

Accordingly, neither an environmental 

impact statement nor an environmental 

assessment is required. 

D. Review Under the Paperwork 

Reduction Act 

This final rule contains no new 

collection of information requiring OMB 

approval under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

E. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of E.O. 

12988, ‘‘Civil Justice Reform’’ (61 FR 

4729, February 7, 1996), imposes on 

executive 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 E.O. 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 United States Attorney 

General. Section 3(c) of E.O. 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 E.O. 

12988. 

F. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism’’ 

(64 FR 43255, August 4, 1999) imposes 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 4889 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt state law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the states 

and carefully assess the necessity for 

such actions. DOE has examined today’s 

rule and has determined that it does not 

preempt state law and does not have a 

substantial direct effect on the states, on 

the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by E.O. 13132. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) requires a 

Federal agency to perform a detailed 

assessment of costs and benefits of any 

rule imposing a Federal mandate with 

costs to state, local or tribal 

governments, or to the private sector. 

This rulemaking does not impose a 

Federal mandate on state, local or tribal 

governments or on the private sector. 

H. 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 

or policy that may affect family well 

being. This rule will have no impact on 

family, the autonomy or integrity of the 

family as an institution. Accordingly, 

DOE has concluded that it is not 

necessary to prepare a Family Policy 

Assessment. 

I. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

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 today’s rule under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

J. Review Under Executive Order 13211 

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), OMB, a Statement of Energy 

Effects for any significant energy action. 

A ‘‘significant energy action’’ is defined 

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 E.O. 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 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. Today’s rule is not 

a significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

K. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress 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). 

L. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary of Energy 

has approved issuance of this final rule. 

List of Subjects in 10 CFR Part 781 

Administrative practice and 

procedure, Inventions and patents. 

Issued in Washington, DC, on December 

23, 2011. 

Daniel B. Poneman, 

Deputy Secretary of Energy. 

For the reasons set forth in the 

preamble, DOE amends Chapter III of 

Title 10 of the Code of Federal 

Regulations as set forth below: 

PART 781—DOE PATENT LICENSING 

REGULATIONS 

■ 1. The authority citation for Part 781 

is revised to read as follows: 

Authority: 42 U.S.C. 2186, 42 U.S.C. 

2201(g), and 35 U.S.C. 207–209. 

■ 2. Section 781.1 is revised to read as 

follows: 

§ 781.1 Scope. 

The regulations of this part 

supplement the U.S. Department of 

Commerce regulations, entitled 

LICENSING OF GOVERNMENT 

OWNED INVENTIONS, at 37 CFR Part 

404. 

■ 3. Section 781.2 is revised to read as 

follows: 

§ 781.2 Policy. 

(a) It is the policy of this regulation to 

use the patent system to promote the 

utilization of inventions arising from 

Department of Energy supported 

research and development. 

(b) Decisions as to grants or denials of 

any license application will, in the 

discretion of the Secretary of Energy, be 

based on the Department of Energy’s 

view of what is in the best interests of 

the United States and the general public 

under the provisions of these 

regulations. Decisions of the Department 

of Energy under these regulations may 

be made on the Secretary of Energy’s 

behalf by the Assistant General Counsel 

for Technology Transfer and Intellectual 

Property, except where otherwise 

delegated. 

§ 781.3 [Removed and Reserved] 

■ 4. Remove and reserve § 781.3. 

■ 5. Section 781.4 is revised to read as 

follows: 

§ 781.4 Communications. 

All communications concerning the 

regulations in this part, including 

applications for licenses, should be 

addressed or delivered to the General 

Counsel, Attention: Assistant General 

Counsel for Technology Transfer and 

Intellectual Property, U.S. Department 

of Energy, 1000 Independence Avenue 

SW., Washington, DC 20585. 

§§ 781.51 and 781.52 [Removed and 

Reserved] 

■ 6. Remove and reserve §§ 781.51 and 

781.52. 

■ 7. Section 781.53 is revised to read as 

follows: 

§ 781.53 Additional licenses. 

Subject to any outstanding licenses, 

nothing in this part shall preclude the 

Department of Energy from granting 

additional nonexclusive, or exclusive, 

or partially exclusive licenses for 

inventions covered by this part when 

the Department of Energy determines 

that to do so would provide for an 

equitable exchange of patent rights. The 

following circumstances are examples 

in which such licenses may be granted: 

(a) In consideration of the settlement 

of interferences or other administrative 


tkelley on DSK3SPTVN1PROD with RULES
4890 Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 

proceedings before the U.S. Patent and 

Trademark Office; 

(b) In consideration of a release of any 

claims; 

(c) In exchange for or as a part of the 

consideration for a license under 

adversely held patents; 

(d) As necessary for meeting 

obligations of the U.S. under any treaty, 

international agreement arrangement or 

cooperation, memorandum of 

understanding or similar arrangement; 

or 

(e) In consideration for the settlement 

or resolution of any proceeding under 

the Department of Energy Organization 

Act or other law. 

§§ 781.61, 781.62, 781.63, and 781.64 

[Removed and Reserved] 

■ 8. Remove and reserve §§ 781.61, 

781.62, 781.63, and 781.64. 

■ 9. Section 781.65 is revised to read as 

follows: 

§ 781.65 Appeals. 

(a) Standing. The following parties 

have the right to appeal under this part: 

(1) Pursuant to 37 CFR 404.11: 

(i) A person whose application for a 

license has been denied; 

(ii) A licensee whose license has been 

modified or terminated, in whole or in 

part; 

(iii) A person who timely filed a 

written objection in response to the 

notice required by 37 CFR 404.7(a)(1)(i) 

or (b)(1)(i) and who can demonstrate to 

the satisfaction of the Federal agency 

that such person may be damaged by the 

agency action; or 

(2) A management and operating 

contractor appealing an agency decision 

to grant a copyright license to a third 

party pursuant to the Rights in DataTechnology Transfer clause for DOE 

management and operating contracts per 

48 CFR part 970. 

(b) Notice of Appeal. Appeal under 

paragraph (a) of this section shall be 

initiated by filing a Notice of Appeal 

with the Secretary, ATTN: Deputy 

General Counsel for Technology 

Transfer and Procurement (‘‘Deputy 

General Counsel’’), within thirty (30) 

days from the date of receipt of a written 

notice by the Department of Energy of 

an action set forth in paragraph (a) of 

this section. The Notice of Appeal shall 

specify the portion of the decision from 

which the appeal is taken. A statement 

of fact and argument in the form of a 

brief in support of the appeal shall be 

submitted with the Notice of Appeal or 

within thirty (30) days thereafter. 

(c) Procedure. Appeals under this 

section shall be conducted pursuant to 

rules of procedure provided by the 

Deputy General Counsel. 

(d) Within sixty (60) days of receiving 

appellant’s brief pursuant to paragraph 

(b) of this section or such other time 

period set by the Deputy General 

Counsel, the Office of the Assistant 

General Counsel for Technology 

Transfer and Intellectual Property shall 

submit to the Deputy General Counsel a 

response brief and shall timely serve a 

copy of the response brief to appellant. 

(e) The Deputy General Counsel shall 

consider the facts and arguments 

submitted in appellant’s brief submitted 

under paragraph (b) of this section, as 

well as those presented by the Assistant 

General Counsel for Technology 

Transfer and Intellectual Property. An 

appeal by a licensee under paragraph 

(a)(1)(ii) of this section may include a 

hearing, upon request of the licensee, to 

address a dispute over any relevant fact. 

Such request for a hearing must be 

received by the Deputy General Counsel 

within thirty (30) days of appellant’s 

receipt of the response brief. 

(f) The Deputy General Counsel shall 

issue a written decision, which shall 

constitute the final action of the 

Department on the matter. 

(g) The parties may agree to Alternate 

Dispute Resolution in lieu of an appeal. 

(h) Appeals Arising Under National 

Nuclear Security Administration 

(NNSA) Management and Operating 

Contracts. For appeals pursuant to 

paragraph (a)(2) of this section arising 

under management and operating 

contracts administered by NNSA for 

NNSA facilities, the NNSA Deputy 

General Counsel for Procurement shall 

be designated as the appeal authority 

(Deputy General Counsel) pursuant to 

paragraphs (b) through (f) of this 

section. 

§§ 781.66, 781.71, and 781.81 [Removed 

and Reserved] 

■ 10. Remove and reserve §§ 781.66, 

781.71 and 781.81. 

[FR Doc. 2012–2162 Filed 1–31–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 27 and 29 

[Docket No. FAA–2009–0660; Amdt. Nos. 

27–47A, 29–54A; and Docket No. FAA– 

2009–0413; Amdt. No. 29–55A] 

RIN 2120–AJ52, 2120–AJ51 

Damage Tolerance and Fatigue 

Evaluation for Composite Rotorcraft 

Structures, and Damage Tolerance and 

Fatigue Evaluation for Metallic 

Structures; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting two 

final rules, ‘‘Damage Tolerance and 

Fatigue Evaluation for Composite 

Rotorcraft Structures’’ (76 FR 74655), 

published December 1, 2011, and 

‘‘Damage Tolerance and Fatigue 

Evaluation for Metallic Structures’’ (76 

FR 75435), published December 2, 2011. 

In the ‘‘Composite Rotorcraft 

Structures’’ rule, the FAA amended its 

regulations to require evaluation of 

fatigue and residual static strength of 

composite rotorcraft structures using a 

damage tolerance evaluation, or a 

fatigue evaluation if the applicant 

establishes that a damage tolerance 

evaluation is impractical. In the 

‘‘Metallic Structures’’ rule, the FAA 

amended its regulations to address 

advances in structural fatigue 

substantiation technology for metallic 

structures to provide an increased level 

of safety by avoiding or reducing the 

likelihood of the catastrophic fatigue 

failure of a metallic structure. This 

document corrects errors in the 

preamble of those two documents by 

adding a statement advising that 

affected parties do not need to comply 

with the information collection 

requirements until the Office of 

Management and Budget (OMB) 

approves the collections. 

DATES: This correction is effective 

February 1, 2012. The ‘‘Composite 

Rotorcraft Structures’’ final rule 

becomes effective January 30, 2012. The 

‘‘Metallic Structures’’ final rule becomes 

effective January 31, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Sharon Y. Miles, 

Regulations and Policy Group, 

Rotorcraft Directorate, ASW–111, 

Federal Aviation Administration, 2601 

Meacham Boulevard, Fort Worth, Texas 

76137; telephone (817) 222–5122; 

facsimile (817) 222–5961; email 


tkelley on DSK3SPTVN1PROD with RULES