Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3127

VIII. MMS had determined that the 1998

edition, with the 1999 amendment,

provided a degree of safety equal to the

previously incorporated 1995 edition, as

had been determined by industry. The

technical amendment was effective on

December 15, 1999. We had expected

the publication of the final rule

superseding 30 CFR 250, subpart A, to

be published and become effective

much sooner than actually occurred. As

published, this final rule redesignates

§ 250.101 as § 250.198 and repeats the

entire table of all of our documents

incorporated by reference. However, it

does not reflect the technical

amendments to the ANSI/ASME Boiler

and Pressure Vessel Code, Sections I, IV,

and VIII documents that were updated

with an effective date prior to the

publication of 30 CFR 250, subpart A,

regulations. Therefore, when the subpart

A regulations take effect on January 27,

2000, unless corrected they will reverse

the effect of the technical amendment

updating the three documents. We are

correcting this inadvertent mistake.

Need for Correction

As published, the final regulations

contain errors which may prove to be

misleading and are in need of

clarification.

Correction of Publication

Accordingly, the publication on

December 28, 1999, of the final

regulations, which were the subject of

FR Doc. 99–31869, is corrected as

follows:

Preamble [Corrected]

On page 72757, in the first column, in

the second ‘‘bulletted’’ paragraph, in the

fourth sentence, the citation

‘‘§ 250.175(b)(1)’’ is corrected to read

‘‘§ 250.174’’.

§ 250.198 [Corrected]

On page 72790, in the table in

paragraph (e), the three entries for

‘‘ANSI/ASME Boiler and Pressure

Vessel Code’’ are corrected to read as

follows:

§ 250.198 Documents incorporated by

reference.

* * * * *

(e) * * *

Title of documents Incorporated by Reference at

ANSI/ASME Boiler and Pressure Vessel Code, Section I, Rules for Construction of Power Boilers, including Appendices, 1998 Edition; July 1, 1999 Addenda, Rules for Construction of Power Boilers, by ASME

Boiler and Pressure Vessel Committee Subcommittee on Power Boilers; and all Section I Interpretations

Volume 43.

§ 250.803(b)(1), (b)(1)(i);

§ 250.1629(b)(1), (b)(1)(i).

ANSI/ASME Boiler and Pressure Vessel Code, Section IV, Rules for Construction of Heating Boilers, including Nonmandatory Appendices A, B, C, D, E, F, H, I, K, and L, and the Guide to Manufacturers

Data Report Forms, 1998 Edition; July 1, 1999 Addenda, Rules for Construction of Heating Boilers, by

ASME Boiler and Pressure Vessel Committee Subcommittee on Heating Boilers; and all Section IV Interpretations Volumes 43 and 44..

§ 250.803(b)(1), (b)(1)(i);

§ 250.1629(b)(1), (b)(1)(i).

ANSI/ASME Boiler and Pressure Vessel Code, Section VIII, Rules for Construction of Pressure Vessels,

Divisions 1 and 2, including Nonmandatory Appendices, 1998 Edition; July 1, 1999 Addenda, Rules for

Construction of Pressure Vessels, by ASME Boiler and Pressure Vessel Committee Subcommittee on

Pressure Vessels; and all Section VIII Interpretations, Divisions 1 and 2, Volumes 43 and 44..

§ 250.803(b)(1), (b)(1)(i);

§ 250.1629(b)(1), (b)(1)(i).

******

*.

* * * * ** * *

* *

Dated: January 5, 2000.

E.P. Danenberger,

Chief, Engineering and Operations Division.

[FR Doc. 00–1201 Filed 1–19–00; 8:45 am]

BILLIING CODE 4310–MR–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 4

[Docket No. 000105007–0007–01]

RIN 0651–AB12

Complaints Regarding Invention

Promoters

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Interim final rule; request for

comments.

SUMMARY: The Patent and Trademark

Office (Office) has added rules of

practice to implement the Office’s

procedures for acceptance of complaints

under the Inventors’ Rights Act of 1999,

Pub. L. 106–113, section 4001 (to be

codified at 35 U.S.C. 297). The Act

requires the Office to provide a forum

for the publication of complaints

concerning invention promoters. The

Office is providing the public with an

opportunity to comment on the new

rules which have been adopted.

DATES: The interim final rules are

effective January 28, 2000; written

comments must be submitted on or

before February 22, 2000.

ADDRESSES: Address written comments

to the attention of Kevin Baer, Attorney

Advisor, Commissioner of Patents and

Trademarks, Box 4, Washington, D.C.

20231. In addition, written comments

may be sent by facsimile transmission to

(703) 305–8885 or by electronic mail

messages over the Internet to kevin.baer

uspto.gov. The written comments will

be available in the Patent and

Trademark Office, Public Search Room,

room 1A03, Crystal Plaza 3, Arlington,

Virginia 20231, on or about February 22,

2000.

FOR FURTHER INFORMATION CONTACT:

Kevin Baer, by telephone at (703) 305–

9300, by facsimile at (703) 305–8885, by

electronic mail at kevin.baer@uspto.gov,

or by mail marked to the attention of

Kevin Baer, Attorney Advisor,

addressed to the Commissioner of

Patents and Trademarks, Box 4,

Washington, D.C. 20231.

SUPPLEMENTARY INFORMATION: These

interim rules implement the Office’s

procedures for handling complaints and

replies filed under the Inventors’ Rights

Act of 1999, Pub. L. 106–113, section

4001 (to be codified at 35 U.S.C. 297).

The Act requires the Office to provide

a forum for the publication of

complaints concerning invention

promoters and replies from the

invention promoters. The Office

requests comments from any interested

members of the public on the following

interim rules.

Background

Congress passed the Inventors’ Rights

Act of 1999 (Act) to protect the

independent inventor from

unscrupulous invention promoters who

prey on independent inventors.

Legitimate invention promoters assist

novice inventors by providing

3128 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

information on how to develop, finance,

manufacture, and market their

inventions. Congress recognized that

invention promotion services are

valuable to independent inventors but

also understood that some invention

promoters were asking for large sums of

money up-front without providing any

real services. 145 Cong. Rec. S14708,

S14716 (daily ed. Nov. 17, 1999)

(Statement of Senator Lott introducing

section-by-section analysis). Included

within the Act is a requirement that the

Office provide a forum for publishing

complaints about invention promoters

and replies from the invention

promoters. Under the Act the Office has

no role in enforcing the Act against

invention promoters or investigating

invention promoters. The Act provides

customers of invention promoters with

certain civil remedies, but neither the

Office nor the interim rules govern the

private legal rights of the invention

promoter customers.

The interim final rules explain how

the Office will handle complaints and

replies to the complaints by the

invention promoters.

Discussion of Specific Rules

The rules for implementing this Act

will be found in new Part 4, of Title 37,

Code of Federal Regulations (37 CFR

Part 4).

Section 4.1

Section 4.1 is being added to explain

that: (i) these rules govern the Office’s

responsibility under the Inventors’

Rights Act of 1999; (ii) the Office will

not undertake any investigation of the

invention promoter; and (iii) any civil

remedies must be pursued by the

injured party.

Section 4.2

Section 4.2 is being added to include

the definitions set out in the Act.

Section 4.3

Section 4.3 is being added to explain

that the Office will accept complaints

about invention promoters. Anyone

submitting a complaint should

understand that the complaint may be

forwarded to the invention promoter

about which the complaint is made and

that the complaint will likely be

publicly available. The Act requires the

Office to forward copies of the

complaint to the invention promoter so

that the invention promoter may

respond. The Office will not accept any

complaints under this system that

request that the complaint be kept

confidential. The Act requires the Office

to make complaints publicly available.

Likewise, any reply from the invention

promoter will be made publicly

available.

In order for the Office to identify a

submission as a complaint under this

Act, the complaint must be clearly

marked or otherwise indicate that it is

a complaint filed under these rules or

under the Act. General letters of

complaint sent to the Office will not be

treated under this complaint publication

program.

The complaint should fairly and

impartially summarize the complaint.

The purpose of the Act is to provide

complainants with a forum for publicly

making a complaint against an

invention promoter. As with all

submissions to the Office, persons

should conduct themselves with

decorum and courtesy. See 37 CFR 1.3.

Submissions that do not provide the

requested information will be returned.

If a complainant’s address is not

provided, the submission will be

destroyed. A complaint can be

withdrawn by the complainant or

named customer at any time prior to its

publication.

The Office is developing a form for

the convenience of persons wishing to

make a complaint. At a minimum, a

complaint under these rules must

provide: (1) the identity of the person

making the complaint; (2) an address of

the person complaining; (3) the name

and address of the invention promoter;

(4) the name of the customer of the

invention promoter; (5) an explanation

of the invention promotion services

offered or performed; (6) the name of the

mass media used to advertise the

invention promoter’s services; (7) an

explanation of the relationship between

the customer and the invention

promotion services; and (8) a signature

of the complainant.

Complaints should be submitted to

the Office of Independent Inventor

Programs, U.S. Patent and Trademark

Office, Washington, D.C. 20231. No

originals of documents should be

included with the complaint.

Section 4.4(a)

Section 4.4(a) is being added to

explain that the Office will forward

complaints to the invention promoter

named in the complaint. The invention

promoter will be given 30 days to

respond to the complaint. The

complaint and the invention promoter’s

reply, if any, will be made publicly

available. The Office may return the

complainant’s submission for

clarification if the Office is unable to

determine whether a submission is

intended to be a complaint under these

rules. The Office may also return the

submission if it fails to include any

necessary information. Similarly, the

Office may return multiple submissions

concerning the same subject matter.

Section 4.4(b)

Section 4.4(b) is being added to

explain that the Office will accept

responses from invention promoters.

The party responding must identify the

submission as a response to a particular

complaint, identify the individual

signing the response, and provide that

individual’s title or authority for signing

the response.

The Office intends to forward copies

of the complaints to the invention

promoter using regular first class U.S.

mail. In the event the mailing is

returned, section 4.5 will apply. In the

absence of mail being returned

undeliverable, the Office will presume

that the invention promoter received the

mailing. In the unlikely event the

invention promoter does not receive the

mailing and the mailing is not returned

as undeliverable, then publication of the

complaint provides the invention

promoter with adequate notice that a

complaint has been filed. A reply that

is submitted after the complaint is made

public will also be made available to the

public.

Section 4.5

Section 4.5 is being added to explain

how the Office will handle situations

where the copy of the complaint that is

mailed to the invention promoter is

returned undelivered. If this occurs, the

Office will publish a notice alerting the

invention promoter that a complaint has

been filed. The notice will be published

in the Official Gazette, in the Federal

Register, or on the Office’s Internet

home page at www.uspto.gov. The

invention promoter will have 30 days

after publication of the notice to submit

a response to the complaint. If the

invention promoter does not submit a

response to the complaint within 30

days, then the complaint will be made

public.

Section 4.6

Section 4.6 is being added to clarify

that routine complaints about registered

attorneys or agents will not be treated

under these rules. The Office may return

a submission involving a registered

attorney or agent to seek clarification as

to whether or not the attorney or agent

was involved with the invention

promotion services. The Office does not

plan on publishing complaints against

registered attorneys or agents unless the

complainant can fairly demonstrate that

the attorney or agent is involved with

invention promotion services. However,

attorneys or agents who work with

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3129

invention promoters should realize that

such work may cause their name or

affiliation to be publicly disclosed in a

complaint. In addition, the Office may

forward any submission concerning a

registered attorney or agent to the Office

of Enrollment and Discipline.

All submissions to the Office under

this Part are subject to the criminal

penalties under 18 U.S.C. 1001 for false

statements.

Classification

Administrative Procedure Act

This interim final rule sets forth the

Office procedures to make complaints

involving invention promoters publicly

available, together with any response of

the invention promoters as required by

the Inventors’ Rights Act of 1999, Pub.

L. No. 106–113, section 4001. Therefore,

prior notice and an opportunity for

public comment are not required

pursuant to 5 U.S.C. 553(b)(3)(A), or any

other law.

Regulatory Flexibility Act

As prior notice and an opportunity for

public comment are not required

pursuant to 5 U.S.C. 553(b)(3)(A), or any

other law, the analytical requirements of

the Regulatory Flexibility Act, 5 U.S.C.

601 et seq., are inapplicable.

Executive Order 13132

This interim final rule does not

contain policies with federalism

implications sufficient to warrant

preparation of a Federalism Assessment

under Executive Order 13132.

Executive Order 12866

This interim final rule has been

determined to be not significant for

purposes of Executive Order 12866.

Paperwork Reduction Act

This interim final rule contains a

collection of information requirement

that is subject to review by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1995

(PRA) (44 U.S.C. 3501 et seq.). This rule

provides procedures for persons

desiring to voluntarily submit

complaints to the Office concerning

invention promoters so that the Office is

able to: (1) Forward the complaint to the

invention promoter for a response; and

(2) publish the complaint. An

information collection package

supporting this new rule will be

submitted to OMB for review and

approval. The public reporting burden

for this collection of information is

estimated to average 15 minutes per

response, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information.

Comments are invited on: (a) Whether

the collection of information is

necessary for proper performance of the

functions of the agency; (b) the accuracy

of the agency’s estimate of the burden;

(c) ways to enhance the quality, utility,

and clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

to respondents.

Interested persons are requested to

send comments regarding the burden

estimate or any other aspects of the

information requirements, including

suggestions for reducing the burden, to

Kevin Baer, Attorney Advisor, Box 4,

Patent and Trademark Office,

Washington, D.C. 20231, or to the Office

of Information and Regulatory Affairs,

OMB, 725 17th Street, N.W.,

Washington, D.C. 20503, (Attn: PTO

Desk Officer).

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the PRA, unless that

collection of information displays a

currently valid OMB control number.

List of Subjects in 37 CFR Part 4

Administrative practice and

procedure, Inventions and patents

For the reasons set forth in the

preamble and pursuant to the authority

contained in 35 U.S.C. 6 and 297, title

37 of the Code of Federal Regulations is

amended by adding part 4 to read as

follows:

1. Part 4 is added to read as follows:

PART 4—COMPLAINTS REGARDING

INVENTION PROMOTERS

Sec.

4.1 Complaints Regarding Invention

Promoters.

4.2 Definitions

4.3 Submitting Complaints

4.4 Invention Promoter Reply

4.5 Notice by Publication

4.6 Attorneys and Agents

Authority: 35 U.S.C. 6 and 297.

§ 4.1 Complaints Regarding Invention

Promoters

These regulations govern the Patent

and Trademark Office’s (Office)

responsibilities under the Inventors’

Rights Act of 1999, which can be found

in the U.S. Code at 35 U.S.C. 297. The

Act requires the Office to provide a

forum for the publication of complaints

concerning invention promoters. The

Office will not conduct any

independent investigation of the

invention promoter. Although the Act

provides additional civil remedies for

persons injured by invention promoters,

those remedies must be pursued by the

injured party without the involvement

of the Office.

§ 4.2 Definitions

(a) Invention Promoter means any

person, firm, partnership, corporation,

or other entity who offers to perform or

performs invention promotion services

for, or on behalf of, a customer, and who

holds itself out through advertising in

any mass media as providing such

services, but does not include—

(1) Any department or agency of the

Federal Government or of a State or

local government;

(2) Any nonprofit, charitable,

scientific, or educational organization

qualified under applicable State law or

described under section 170(b)(1)(A) of

the Internal Revenue Code of 1986;

(3) Any person or entity involved in

the evaluation to determine commercial

potential of, or offering to license or sell,

a utility patent or a previously filed

nonprovisional utility patent

application;

(4) Any party participating in a

transaction involving the sale of the

stock or assets of a business; or

(5) Any party who directly engages in

the business of retail sales of products

or the distribution of products.

(b) Customer means any individual

who enters into a contract with an

invention promoter for invention

promotion services.

(c) Contract for Invention Promotion

Services means a contract by which an

invention promoter undertakes

invention promotion services for a

customer.

(d) Invention Promotion Services

means the procurement or attempted

procurement for a customer of a firm,

corporation, or other entity to develop

and market products or services that

include the invention of the customer.

§ 4.3 Submitting Complaints

(a) A person may submit a complaint

concerning an invention promoter with

the Office. A person submitting a

complaint should understand that the

complaint may be forwarded to the

invention promoter and may become

publicly available. The Office will not

accept any complaint that requests that

it be kept confidential.

(b) A complaint must be clearly

marked, or otherwise identified, as a

complaint under these rules. The

complaint must include:

(1) The name and address of the

complainant;

(2) The name and address of the

invention promoter;

3130 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

(3) The name of the customer;

(4) The invention promotion services

offered or performed by the invention

promoter;

(5) The name of the mass media in

which the invention promoter

advertised providing such services;

(6) An explanation of the relationship

between the customer and the invention

promoter; and

(7) A signature of the complainant.

(c) The complaint should fairly

summarize the action of the invention

promoter about which the person

complains. Additionally, the complaint

should include names and addresses of

persons believed to be associated with

the invention promoter. Complaints,

and any replies, must be addressed to

Office of Independent Inventor

Programs, U.S. Patent and Trademark

Office, Washington, D.C. 20231.

(d) Complaints that do not provide the

information requested in paragraphs (b)

and (c) of this section will be returned.

If complainant’s address is not

provided, the complaint will be

destroyed.

(e) No originals of documents should

be included with the complaint.

(f) A complaint can be withdrawn by

the complainant or the named customer

at any time prior to its publication.

§ 4.4 Invention Promoter Reply

(a) If a submission appears to meet the

requirements of a complaint, the

invention promoter named in the

complaint will be notified of the

complaint and given 30 days to respond.

The invention promoter’s response will

be made available to the public along

with the complaint. If the invention

promoter fails to reply within the 30-

day time period set by the Office, the

complaint will be made available to the

public. Replies sent after the complaint

is made available to the public will also

be published.

(b) A response must be clearly

marked, or otherwise identified, as a

response by an invention promoter. The

response must contain:

(1) The name and address of the

invention promoter;

(2) A reference to a complaint

forwarded to the invention promoter or

a complaint previously published;

(3) The name of the individual signing

the response; and

(4) The title or authority of the

individual signing the response.

§ 4.5 Notice by Publication

If the copy of the complaint that is

mailed to the invention promoter is

returned undelivered, then the Office

will publish a Notice of Complaint

Received in the Official Gazette, the

Federal Register, or on the Office’s

Internet home page. The invention

promoter will be given 30 days from

such notice to submit a reply to the

complaint. If the Office does not receive

a reply from the invention promoter

within 30 days, the complaint alone will

become publicly available.

§ 4.6 Attorneys and Agents

Complaints against registered patent

attorneys and agents will not be treated

under this section, unless a complaint

fairly demonstrates that invention

promotion services are involved.

Persons having complaints about

registered patent attorneys or agents

should contact the Office of Enrollment

and Discipline at the U.S. Patent and

Trademark Office, Box OED,

Washington, D.C. 20231, and the

attorney discipline section of the

attorney’s state licensing bar if an

attorney is involved.

Dated: January 13, 2000.

Q. Todd Dickinson,

Assistant Secretary of Commerce and

Commissioner of Patents and Trademarks.

[FR Doc. 00–1359 Filed 1–19–00; 8:45 am]

BILLING CODE 3510–16–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 70

[NE 071–1071a; FRL–6521–6]

Approval and Promulgation of

Implementation Plans and Operating

Permits Programs, Approval Under

Section 112(l); State of Nebraska

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking final action to

approve a State Implementation Plan

(SIP) revision submitted by the state of

Nebraska on February 5, 1999. This

revision consists of updates to Title

129—Nebraska Air Quality Regulations,

Chapters 1, 2, 5, 6, 7, 8, 10, 17, 22, 25,

34, 35, 41, and Appendix II. The state

also requested that EPA approve

revisions adopted by the LincolnLancaster County Health Department

(LLCHD), Lincoln, Nebraska, in 1997

and 1998, and rule revisions adopted by

the city of Omaha in 1998. EPA is taking

action to approve these revisions also.

These revisions will strengthen the SIP

with respect to attainment and

maintenance of established air quality

standards and with respect to hazardous

air pollutants (HAP). EPA is also

approving revisions to the agencies’ part

70 operating permits programs. The

effect of this action is to ensure that the

state and local agencies’ air program

rule revisions are reflected in the EPAapproved program.

DATES: This direct final rule is effective

on March 20, 2000 without further

notice, unless EPA receives adverse

comment by February 22, 2000. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Comments may be

addressed to Wayne A. Kaiser,

Environmental Protection Agency, Air

Planning and Development Branch, 901

North 5th Street, Kansas City, Kansas

66101.

Copies of the state submittal are

available at the following addresses for

inspection during normal business

hours: Environmental Protection

Agency, Air Planning and Development

Branch, 901 North 5th Street, Kansas

City, Kansas 66101; and the

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M Street,

SW, Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT:

Wayne A. Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION: This

section provides additional information

by addressing the following questions:

What is a SIP?

What is the Federal approval process for a

SIP?

What does Federal approval of a state

regulation mean to me?

What is approval under section 112(l)?

What is the Part 70 Operating Permits

Program?

What is being addressed in this document?

Have the requirements for approval of a

SIP revision been met?

What action is EPA taking?

What is a SIP?

Section 110 of the Clean Air Act

(CAA) requires states to develop air

pollution regulations and control

strategies to ensure that state air quality

meets the national ambient air quality

standards established by EPA. These

ambient standards are established under

section 109 of the CAA, and they

currently address six criteria pollutants.

These pollutants are: carbon monoxide,

nitrogen dioxide, ozone, lead,

particulate matter, and sulfur dioxide.

Each state must submit these

regulations and control strategies to EPA

for approval and incorporation into the

Federally enforceable SIP.