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
Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 4891 

sharon.y.miles@faa.gov. For legal 

questions concerning this action, 

contact Steve C. Harold, Directorate 

Counsel, ASW–7G, Federal Aviation 

Administration, 2601 Meacham 

Boulevard, Fort Worth, Texas 76137, 

telephone (817) 222–5099; facsimile 

(817) 222–5945, email 

steve.c.harold@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 1, 2011, the FAA 

published the final rule entitled, 

‘‘Damage Tolerance and Fatigue 

Evaluation for Composite Rotorcraft 

Structures’’ (76 FR 74655). On 

December 2, 2011, the FAA published 

the final rule entitled, ‘‘Damage 

Tolerance and Fatigue Evaluation for 

Metallic Structures’’ (76 FR 75435). 

In the ‘‘Composite Rotorcraft 

Structures’’ final 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’’ final rule, 

the FAA amended its regulations to 

address advances in structural fatigue 

substantiation technology for metallic 

structures. This provides an increased 

level of safety by avoiding or reducing 

the likelihood of the catastrophic fatigue 

failure of a metallic structure. These 

increased safety requirements help 

ensure that should serious accidental 

damage occur during manufacturing or 

within the operational life of the 

rotorcraft, the remaining structure could 

withstand, without failure, any fatigue 

loads that are likely to occur, until the 

damage is detected or the part is 

replaced. 

Both final rules included information 

collection requirements. However, the 

FAA inadvertently neglected to include 

a statement advising affected parties 

that they are not required to comply 

with these portions of the regulations 

until the Office of Management and 

Budget (OMB) approves the collections 

and assigns control numbers under the 

Paperwork Reduction Act of 1995. The 

FAA will publish in the Federal 

Register a notice of the control numbers 

assigned by OMB when these 

information collection requirements are 

approved. 

Corrections 

In FR Doc. 2011–30945, beginning on 

page 74655 in the Federal Register of 

December 1, 2011, make the following 

correction: 

On page 74655, in the second column, 

after ‘‘Dates: Effective January 30, 

2012.’’, insert ‘‘Affected parties, 

however, are not required to comply 

with the information collection 

requirement in §§ 27.573 and 29.573 

until the Office of Management and 

Budget (OMB) approves the collection 

and assigns a control number under the 

Paperwork Reduction Act of 1995. The 

FAA will publish in the Federal 

Register a notice of the control number 

assigned by the Office of Management 

and Budget (OMB) for this information 

collection requirement.’’ 

In FR Doc. 2011–30941, beginning on 

page 75435 in the Federal Register of 

December 2, 2011, make the following 

correction: 

On page 75435, in the second column, 

after ‘‘Dates: Effective January 31, 

2012.’’, insert ‘‘Affected parties, 

however, are not required to comply 

with the information collection 

requirement in § 29.571 until the Office 

of Management and Budget (OMB) 

approves the collection and assigns a 

control number under the Paperwork 

Reduction Act of 1995. The FAA will 

publish in the Federal Register a notice 

of the control number assigned by the 

Office of Management and Budget 

(OMB) for this information collection 

requirement.’’ 

Issued in Washington, DC, on January 26, 

2012. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2012–2170 Filed 1–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 1b, 2, 3a, 4, 5, 11, 12, 131, 

157, 284, 376, 380, and 385 

[Docket No. RM11–30–000; Order No. 756] 

Technical Corrections to Commission 

Regulations 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is issuing 

this Final Rule to make minor changes 

to its regulations. This Final Rule 

revises a number of references that have 

become outdated for various reasons or 

contain typographical errors. Generally, 

these changes add or delete language in 

the current regulations by eliminating 

obsolete information, incorporating 

reference to updated electronic filing 

options, modernizing language, and 

correcting incorrect citations and 

clerical mistakes. The revisions are 

intended to be ministerial and/or 

informational in nature. 

DATES: Effective Date: The rule will 

become effective February 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Yu, Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, (202) 502–8482. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Jon Wellinghoff, 

Chairman; Philip D. Moeller, John R. Norris, 

and Cheryl A. LaFleur. 

Issued January 19, 2012. 

I. Introduction 

1. The Commission is issuing this 

Final Rule to make minor changes to its 

regulations. This Final Rule revises a 

number of references that have become 

outdated for various reasons or contain 

typographical errors. Generally, these 

changes add or delete language in the 

current regulations by eliminating 

obsolete information, incorporating 

reference to updated electronic filing 

options, modernizing language, and 

correcting incorrect citations and 

clerical mistakes. The revisions are 

intended to be ministerial and/or 

informational in nature. 

II. Discussion 

A. Minor Revisions To Correct 

References and Outdated Nomenclature 

2. In Part 3a of Title 18 of the Code 

of Federal Regulations, this Final Rule 

corrects references, where appropriate, 

to the ‘‘FPC’’ and the ‘‘Federal Power 

Commission’’ (the predecessor to the 

Federal Energy Regulatory Commission) 

to read ‘‘FERC’’ or ‘‘Federal Energy 

Regulatory Commission.’’ Additionally, 

the Commission’s contact information is 

updated and corrected in Part 380. 

3. In Parts 2, 3a, 4, 12, and 284, 

references to outdated titles, positions, 

and technologies are revised. 

4. In Parts 1b, 2, 4, 5, 131, 157, 284, 

376, and 380, multiple outdated and 

incorrect references to Commission 

regulations, guidelines, the Federal 

Register, and Federal statutes are 

removed or corrected. 

B. Corrections to Grammatical, 

Typesetting, and Typographical 

Mistakes 

5. In Parts 1b, 2, 4, 157, 380, and 385, 

this Final Rule corrects grammatical, 

typesetting, and typographical mistakes 

in the Commission’s regulations to 

improve the clarity and accuracy of the 

regulations. 


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