This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

4885 

Vol. 77, No. 21 

Wednesday, February 1, 2012 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

Rural Utilities Service 

7 CFR Part 4290 

RIN 0570–AA80 

Rural Business Investment Program 

AGENCY: Rural Business-Cooperative 

Service and Rural Utilities Service, 

USDA. 

ACTION: Correcting amendment. 

SUMMARY: The Rural BusinessCooperative Service is making several 

technical amendments to correct the 

Rural Business Investment Program 

(RBIP) regulation, including one to 

conform to the 2008 Farm Bill provision 

that allows a Rural Business Investment 

Company two years to raise its capital. 

DATES: Effective date. This rule is 

effective February 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Michael Foore, U.S. Department of 

Agriculture, 1400 Independence Ave. 

SW., Washington, DC 20250; telephone 

number: (202) 690–4730; e-mail: 

michael.foore@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On June 8, 2004, the Agency 

published an Interim Rule for the Rural 

Business Investment Program (RBIP) (69 

FR 32200). Since then, the Food, 

Conservation, and Energy Program of 

2008 (the 2008 Farm Bill) was enacted. 

The 2008 Farm Bill affects several 

provisions of the RBIP rule, including 

the amount of time a RBIC has to raise 

its regulatory capital. Specifically, 

section 6027(c) requires RBICs to have 

a period of two years to meet the capital 

requirements. 

On December 23, 2011 (76 FR 80217), 

the Agency published an amended RBIP 

Interim Rule, with request for comment, 

which addressed, among other items, 

the provisions of the 2008 Farm Bill. 

One of those changes was adding a new 

paragraph (§ 4290.210(c)) that addresses 

the time frame that each RBIC will have 

to meet the capital requirements. 

However, the Agency did not make a 

conforming change to § 4290.390(a)(1), 

where a 12-month period for raising the 

regulatory capital is referenced. 

Through this Notice, the Agency is 

conforming § 4290.390(a)(1) to the 2008 

Farm Bill by removing reference to the 

12-month period. 

In addition, the Agency is: 

• Replacing ‘‘debenture’’ with 

‘‘licensure’’ in the table of contents to 7 

CFR 4290 and in the title to § 4290.3041; 

• Correcting § 4290.3003 to reference 

the ‘‘Small Business Administration’’ 

rather than the ‘‘Small Business 

Association’’ and removing an 

unnecessary reference to the Small 

Business Administration; and 

• Correcting the cross-reference to 

§ 4290.340(d) in § 4290.3010 to 

§ 4290.340(a) and limiting its 

applicability to ensuring that applicants 

are evaluated in a fair and consistent 

manner. 

List of Subjects in 7 CFR Part 4290 

Community development, 

Government securities, Grant 

programs—business, Securities, Small 

businesses. 

For the reasons stated in the 

preamble, part 4290 of Chapter XLII of 

Title 7 of the Code of Federal 

Regulations is amended as follows: 

CHAPTER XLII—RURAL BUSINESSCOOPERATIVE SERVICE AND RURAL 

UTILITIES SERVICE, DEPARTMENT OF 

AGRICULTURE 

PART 4290—RURAL BUSINESS 

INVESTMENT COMPANY (RBIC) 

PROGRAM 

■ 1. The authority citation for part 4290 

continues to read as follows: 

Authority: 7 U.S.C. 1989 and 2099cc et seq. 

■ 2. Paragraph (a)(1) of § 4290.390 is 

revised to read as follows: 

§ 4290.390 Licensing as a RBIC. 

(a) * * * 

(1) Raise the specific amount of 

Regulatory Capital that the Applicant 

had projected in its application that it 

would raise (see § 4290.210 for 

additional information). 

* * * * * 

■ 3. Section 4290.3003 is revised to read 

as follows: 

§ 4290.3003 Responsibilities for 

implementing Non-leveraged RBICs. 

Section 4290.45 does not apply to 

Non-leveraged RBICs. Instead, for the 

purposes of this part as it applies to 

Non-leveraged RBICs, all authorities and 

responsibilities assigned to the 

Secretary under this part shall be 

carried out by the Secretary. Thus, when 

applying subparts A through N of this 

part to Non-leveraged RBICs, all 

references to the Small Business 

Administration (SBA) or Administrator 

on behalf of USDA shall be read as the 

Secretary. All forms shall be submitted 

to USDA or its designee. 

■ 4. Paragraph (b) of § 4290.3010 is 

revised to read as follows: 

§ 4290.3010 Application and Approval 

Process for RBIC licensing without 

leverage. 

* * * * * 

(b) The provision for evaluating 

applicants on a competitive basis, as 

specified in § 4290.340(a), does not 

apply to this subpart. 

* * * * * 

■ 5. The section heading of § 4290.3041 

is revised to read as follows: 

§ 4290.3041 Events of default and the 

Secretary’s remedies for RBIC’s 

noncompliance with terms of licensure. 

* * * * * 

Dated: January 22, 2012. 

Dallas Tonsager, 

Under Secretary, Rural Development. 

[FR Doc. 2012–1969 Filed 1–31–12; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF ENERGY 

10 CFR Part 780 

RIN 1990–AA33 

Patent Compensation Board 

Regulations 

AGENCY: Office of the General Counsel, 

Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) today is amending its Patent 


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4886 Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 

Compensation Board regulations to 

provide that the Secretary of Energy, or 

a person acting in that position, shall 

appoint, as needed, a three member 

panel to serve as the Patent 

Compensation Board to hear and decide 

cases falling under the subject matter 

jurisdiction of the Board. The Secretary 

of Energy shall further designate one 

member as the chairman. This action is 

made necessary by the abolishment of 

the Department of Energy Board of 

Contract Appeals, which had previously 

served as the Patent Compensation 

Board. 

DATES: 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 Ave. 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 

780 establish the procedures, terms, and 

conditions for the DOE Patent 

Compensation Board. The Patent 

Compensation Board was established by 

section 157 of the Atomic Energy Act of 

1954 (the ‘‘Act’’) (42 U.S.C. 2187). 

Under section 157, the Board is given 

authority to determine reasonable 

royalty fees and to resolve issues 

involving the grant of awards. In 

addition, the Board has authority: (a) To 

hear and make decisions as to 

compensation under section 173 of the 

Act (42 U.S.C. 2223) and the Invention 

Secrecy Act (35 U.S.C. 183); (b) to hear 

and make decisions as to whether a 

specific patent is affected with the 

public interest pursuant to section 153a 

of the Act (42 U.S.C. 2183(a)); (c) to hear 

and make decisions as to whether a 

specific patent license should be 

granted under sections 153b(2) and 153e 

of the Act (42 U.S.C. 2183(b)(2), (e)); (d) 

to give notices, hold hearings and take 

such other actions as may be necessary 

under section 153; and (e) to exercise all 

powers available under the Act and 

necessary for the performance of these 

duties, including the issuance of such 

rules of procedure as may be necessary. 

Part 780 has several outdated sections 

that need amending because of the 

abolishment of the Energy Board of 

Contract Appeals (EBCA). The EBCA 

served as the Patent Compensation 

Board under the current regulations. 

DOE is amending certain sections of 10 

CFR part 780 that related to the EBCA 

operating as the Patent Compensation 

Board. DOE is also amending the 

regulations to provide that the Secretary 

of Energy, or a person acting in that 

position, appoint a three member panel 

to serve as the Patent Compensation 

Board. The Secretary of Energy shall 

further designate one member as the 

chairman. None of these changes are 

substantive. 

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 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 

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 


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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. 


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