49938 Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations

EFFECTIVE DATES: This correction is

effective June 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Morton Marcus, (410) 786–4477.

SUPPLEMENTARY INFORMATION:

Background

On May 12, 1997 (62 FR 25844) we

published a final rule with comment

period that expanded our regulations to

recognize the right of Medicare Part B

appellants to a hearing before an

administrative law judge (ALJ) for

claims if at least $500 remains in

dispute and the right to judicial review

of an adverse ALJ decision if at least

$1,000 remains in controversy. That rule

also codified limitations on the review

by ALJs and the courts of certain

national coverage determinations and

the statutory authority for an expedite

appeals process under part A and part

B. Finally, we made a number of

technical conforming amendments.

Need for Correction

On page 25855, in the second and

third columns we provided a number of

technical amendments. Amendment

number 8, beginning at the bottom of

column 2, was intended to correct

wording in § 473.38 which concerns

Peer Review Organization reconsidered

decisions. Amendment 8(b) incorrectly

calls for deletions of a phrase from

paragraph (a) of § 473.38, whereas the

phrase actually occurs in the

undesignated introductory material of

that section. Accordingly, we are

making the following correction to

document 97–12263 appearing in the

Federal Register of May 12, 1997.

§ 473.38 [Corrected]

On page 25855 the first two lines of

column 3 are corrected to read as

follows:

‘‘(b) In the undesignated introductory

material, the words ‘final and’ are

removed.’’

* * * * *

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program; No. 93.773 Medicare—Hospital

Insurance Program; and No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: September 18, 1997.

Neil J. Stillman,

Deputy Assistant Secretary for Information

Resource Management.

[FR Doc. 97–25344 Filed 9–23–97; 8:45 am]

BILLING CODE 4120–01–M

NATIONAL SCIENCE FOUNDATION

45 CFR Part 650

Minor Amendments To Rule on

Inventions and Patents Resulting From

Grants, Cooperative Agreements, and

Contracts

AGENCY: National Science Foundation.

ACTION: Final rule with request for

comments.

SUMMARY: This action amends the NSF

Patents regulation to permit grantee to

use an electronic reporting and

management system for inventions

made with NSF assistance.

DATES: This revision is effective

September 24, 1997. Comments,

however, are welcome and will be

considered in making future revisions.

ADDRESSES: All comments should be

addressed to: NSF Patent Assistant,

Office of the General Counsel, National

Science Foundation 4201 Wilson

Boulevard, Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hamm-Wooten, NSF Patent

Assistant, on (703) 306–1060 (voice),

(703) 306–0149 (facsimile), or

patents@nsf.gov.

SUPPLEMENTARY INFORMATION: This

amendment revises the current NSF

patent regulation published as part 650

of title 45 of the Code of Federal

Regulations to permit NSF grantees to

use the Edison Invention Information

Management System maintained by the

National Institutes of Health to handle

NSF-assisted inventions. The only

change for grantees who do not choose

to use Edison is that they will be

required to submit to the NSF Patent

Assistant a copy of the page of the

United States patent application that

contains the Federal support clause

required by paragraph (f)(4) of the

standard Patent Rights clause in section

650.4(a) along with a confirmation of

the Government license instead of being

required to provide a copy of the entire

patent when it issues. That change is

being made (1) to conform the

Foundation’s reporting requirement to

those of the National Institutes of Health

and (2) because the availability of

searchable on-line patent databases has

eliminated the need for the Foundation

to have paper copies of patents issued

on NSF subject inventions.

Determinations

I have determined, under the criteria

set forth in Executive Order 12866, that

this rule is not a significant regulatory

action requiring review by the Office of

Information and Regulatory Affairs. I

also certify, pursuant to the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. Secs. 601–612,

that none of the changes made by this

rule will have a significant economic

impact on any small entities. Finally, I

have reviewed this rule in light of

section 2 of Executive Order 12778 and

certify for the National Science

Foundation that this rule meets the

applicable standards provided in

sections 2(a) and 2(b) of that order.

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

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 replacing ‘‘APRIL, 1992’’ in its

heading with ‘‘SEPTEMBER, 1997’’;

B. By adding between the words

‘‘Government’’ and ‘‘within’’ the phrase

‘‘and the page of a United States patent

application that contains the Federal

support clause’’ in paragraph (f)(5); and

C. By removing paragraph (f)(6).

3. The following new § 650.19 is

added:

§ 650.19 Electronic invention handling.

(a) Grantees are encouraged to use the

Edison 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 http://era.info.nih.gov/

Edison/ and should be followed for NSF

subject inventions except that:

(1) All written communications

required should be addressed to the

Patent Assistant, Office of the General

Counsel, National Science Foundation,

4201 Wilson Boulevard, Arlington, VA

22230.

(2) NSF does not require either an

Annual Utilization Report or a Final

Invention Statement and Certification.
Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations 49939

(b) Questions on use of Edison may be

sent to the NSF Patent Assistant at

patents@nsf.gov.

[FR Doc. 97–25120 Filed 9–23–97; 8:45 am]

BILLING CODE 7555–01–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Chapter III, Parts 365, 366, 372,

375, 387, and 390

RIN 2125–AE23

Motor Carrier Transportation;

Technical Amendments

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule; technical

amendments.

SUMMARY: This document makes

technical amendments to FHWA’s

regulations regarding motor carrier

transportation. The technical

amendments are necessary to correct

references within several parts and one

of the appendices to subchapter B.

These technical amendments will

provide accurate references within the

parts that were published on October

21, 1996, at 61 FR 54706, which

transferred and redesignated certain

motor carrier transportation regulations

from 49 CFR Chapter X to the FHWA in

49 CFR Chapter III.

EFFECTIVE DATE: September 24, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael J. Falk, Office of the Chief

Counsel, Motor Carrier Law Division,

(202)366–1384, Federal Highway

Administration, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590. Office

hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION: On

October 21, 1996, at 61 FR 54706, the

FHWA and the Surface Transportation

Board (STB) transferred and

redesignated certain motor carrier

transportation regulations from 49 CFR

Chapter X to the FHWA in 49 CFR

Chapter III. No substantive changes

were made to the regulations. On April

1, 1997, at 62 FR 15417, the FHWA

made technical amendments to former

Interstate Commerce Commission (ICC)

regulations which were transferred to

the FHWA in accordance with section

204 of the ICC Termination Act of 1995

(ICCTA), Pub. L. 104–88, 109 Stat. 803.

Additionally, final amendments to part

372 were published on July 16, 1997, at

62 FR 38035, which removed the notice

filing requirements for agricultural

cooperative associations which conduct

compensated transportation operations

for nonmembers.

This document merely makes

technical amendments to 49 CFR parts

365, 366, 372, 375, 387, 390, and

appendix F to subchapter B in order to

update outdated statutory references

and internal redesignated regulation

citations. Since all of these rules are in

the review process, other necessary

nomenclature and technical changes

will be published at a later date. There

are no substantive amendments being

made at this time.

Rulemaking Analyses and Notices

This document makes only minor,

non-substantive technical corrections to

existing regulations. The rule replaces

outdated statutory references and

internal regulatory citations with the

correct references. Therefore, the FHWA

finds good cause to adopt the rule

without prior notice or opportunity for

public comment (5 U.S.C. 553(b)). The

DOT’s regulatory policies and

procedures also authorize promulgation

of the rule without prior notice because

it is anticipated that such action would

not result in the receipt of useful

information. The FHWA is making the

rule effective upon publication in the

Federal Register because it imposes no

new burdens and merely corrects

existing internal references to

regulations (5 U.S.C. 553(d)).

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this

action is not a significant regulatory

action within the meaning of Executive

Order 12866 or significant within the

meaning of Department of

Transportation regulatory policies and

procedures. Since this rulemaking

action makes only technical corrections

to the current regulations it is

anticipated that the economic impact of

this rulemaking will be minimal;

therefore, a full regulatory evaluation is

not required.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act, 5 U.S.C. 601–612, the

FHWA has evaluated the effects of this

rule on small entities. Based on the

evaluation, and since this rulemaking

action makes only technical corrections

to the current regulations, the FHWA

hereby certifies that this action will not

have a significant impact on a

substantial number of small entities.

Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.217,

Motor Carrier Safety. The regulations

implementing Executive Order 12372

regarding intergovernmental

consultation on Federal programs and

activities do not apply to this program.

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for purposes of the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501

et seq.

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and has determined

that this action would not have any

effect on the quality of the environment.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects

49 CFR Part 365

Administrative practice and

procedure, Brokers, Buses, Freight

forwarders, Highways and roads, Motor

carriers.

49 CFR Part 366

Administrative practice and

procedure, Brokers, Freight forwarders,

Highways and roads, Motor carriers.

49 CFR Part 372

Agricultural commodities, Buses,

Commercial zones, Freight forwarders,

Highways and roads, Motor carriers of

property, Reporting and recordkeeping

requirements.

49 CFR Part 375

Advertising, Arbitration, Consumer

protection, Freight, Insurance, Motor