Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29657

February 26, 1979). The Coast Guard

expects the economic impact of this

regulation to be so minimal that a full

Regulatory evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary.

Because the impact is expected to be

minimal, the Coast Guard certifies that

it will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

Federalism

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612 and has determined that this

regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section 2.B.2

of Commandant Instruction M16475.1b

it will have no significant

environmental impact and it is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A new section 165.T11–074 is

added to read as follows:

§ 165.T11–074 Safety Zone: San Francisco

Bay, CA

(a) Location. The following area is a

safety zone: the waters of San Francisco

Bay, California around the Coast Guard

Cutter Boutwell which will be moored at

the Coast Guard Island Pier, Alameda.

The zone will encompass a water area

extending 25 yards forward, aft, and to

the outboard side of the ship which will

be moored at the following location:

Latitude: 37°46′50′′N, Longitude:

122°15′01′′W. [Datum: NAD 83].

(b) Effective Date. This safety zone

will be in effect on June 12, 1996,

between 9:30 a.m., PDT, and 1:30 p.m.,

PDT, unless canceled earlier by the

Captain of the Port.

(c) Regulations. In accordance with

the general regulations in Section

164.23 of this part, entry into, transit

through, or anchoring within this zone

is prohibited unless authorized by the

Captain of the Port.

Dated: May 28, 1996.

D.P. Montoro,

Captain, U.S. Coast Guard, Captain of the

Port.

[FR Doc. 96–14862 Filed 6–11–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AI03

Inventions by Employees of

Department of Veterans Affairs

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

regulations concerning inventions

developed by employees of the

Department of Veterans Affairs (VA). It

adds the Federal Technology Transfer

Act (FTTA) of the 1986 as an authority

for these regulations. Also, it reflects

changes in delegations of authority

made by the Department of Commerce

(DOC), the lead agency concerning

patents and inventions. Further, it

removes language in the VA regulations

that is also set forth in DOC regulations.

The DOC regulations are applicable to

the Department without restatement in

VA regulations. In addition, it makes

changes to VA delegations of authority.

Lastly, the amendments clarify

procedures to be followed by VA

employees in reporting inventions.

EFFECTIVE DATE: July 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Chuck Delobe, Deputy Assistant General

Counsel (024B), Department of Veterans

Affairs, 810 Vermont Ave., NW.,

Washington, DC 20420, (202) 273–6383.

SUPPLEMENTARY INFORMATION: Executive

Order 10096, dated January 23, 1950, as

amended by Executive Order 10930,

dated March 24, 1961, set forth the

criteria Federal agencies are to utilize in

making determinations of ownership

rights to inventions developed by

Federal employees. The E.O. also

required that each Federal agency take

all necessary steps, including the

promulgation of regulations, to

effectuate the order. The VA’s

regulations implementing the executive

order are found at 38 CFR 1.650–666.

DOC was given lead agency authority

to implement the provisions of the E.O.

DOC’s regulations, applicable to all

Federal agencies, set forth a uniform

patent policy and are found at 37 CFR

part 501. The amendments reflect more

recent changes in the delegations of

authority within DOC. It adds the

Federal Technology Transfer Act

(FTTA) of the 1986 as an authority for

these regulations. Also, it reflects

changes in delegations of authority

made by the Department of Commerce

(DOC), the lead agency concerning

patents and inventions. Further, it

removes language in the VA regulations

that is also set forth in DOC regulations.

The DOC regulations are applicable to

the Department without restatement in

VA regulations. In addition, it makes

changes to VA delegations of authority.

Lastly, the amendments clarify

procedures to be followed by VA

employees in reporting inventions.

This final rule consists of agency

procedures and nonsubstantive changes

and, therefore, is not subject to the

notice-and-comment and effective date

provisions of 5 U.S.C. 553.

The Secretary hereby certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This final rule

would not have any impact on

individuals or small entities. Therefore,

pursuant to 5 U.S.C. 605(B), this final

rule is exempt from the initial and final

regulatory flexibility analysis

requirements of sections 603 and 604.

There is no Catalog of Federal

Domestic Assistance number for the

program affected by this final rule.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Archives and records,

Cemeteries, Claims, Courts, Flags,

Freedom of information, Government

contracts, Government employees,

Government property, Infants and

children, Inventions and patents,

Investigation, Parking, Penalties, Postal

service, Privacy reporting and record

keeping requirements, Seals and

insignia security measures, Wages.

Approved: May 5, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 1 is amended as

set forth below:
29658 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

sections 1.650–1.666 is revised to read

as follows:

Authority: sections 1.650 to 1.666 issued

under sect. 1, 66 Stat. 811, 72 Stat. 1114; 35

U.S.C. 266; 15 U.S.C. 3710a; 38 U.S.C. 501;

E.O. 10096, E.O. 10930, 15 FR 389; 3 CFR

1949–1953 Comp.

2. Section 1.650 is amended by

removing ‘‘the regulations’’ and adding,

in its place, ‘‘these regulations’’, and by

removing ‘‘concerning inventions by

employees of the Department of

Veterans Affairs.’’

(Authority: 38 U.S.C. (501(a), unless

otherwise noted.)

3. In § 1.651, paragraphs (b) and (c)

are revised to read as follows:

§ 1.651 Definitions.

* * * * *

(b) The term employee or Government

employee means any officer or

employee, civilian or military, of the

Department of Veterans Affairs. Parttime, without compensation (WOC)

employees and part-time consultants are

included.

(c) The term Secretary of Commerce

means the Under Secretary of

Commerce for Technology.

4. Section 1.652 is revised to read as

follows:

§ 1.652 Criteria for determining rights to

employee inventions.

(a) The criteria to be applied in

determining the respective rights of the

Government and of the employeeinventor in and to any invention subject

to these provisions shall be in

accordance with the Uniform Patent

Policy regulations found at 37 CFR

501.6 and 501.7.

(b) Ownership in and to inventions

arising under Cooperative Research and

Development Agreements (CRADAs)

pursuant to 15 USC 3710a shall be

governed by the provisions of the

pertinent CRADA, as authorized by the

Federal Technology Transfer Act.

(Authority: 15 U.S.C. 3710a; 37 CFR part 501)

5. Section 1.653 is revised to read as

follows:

§ 1.653 Delegation of authority.

(a) The General Counsel or Deputy

General Counsel is authorized to act for

the Secretary of Veterans Affairs in

matters concerning patents and

inventions, unless otherwise required

by law. The determination of rights to

an invention as between the

Government and the employee where

there is no cooperative research and

development agreement shall be made

by the General Counsel or Deputy

General Counsel, in accordance with 37

CFR part 500.

(b) The Directors of VA Medical

Centers are delegated the authority to

enter into cooperative research and

development and license agreements

under the Federal Technology Transfer

Act of 1986, Pub. L. 99–502.

(Authority: E.O. 12591; 15 U.S.C. 3710a)

6. Section 1.654 is amended by

removing ‘‘given in paragraph 1(a) of

Executive Order 10096 (15 FR 389, 3

CFR, 1949–1953 comp., p. 292) shall’’

and adding, in its place, ‘‘as set forth in

37 CFR 501.6 should’’; by removing

‘‘inventor (employee)’’ and adding, in

its place, ‘‘employee inventor’’; by

removing ‘‘Commissioner’’ and adding,

in its place, ‘‘Secretary of Commerce’’;

and the section heading is revised to

read as follows:

§ 1.654 Patenting of Inventions.

* * * * *

7. Section 1.655 is revised to read as

follows:

§ 1.655 Government license in invention of

employee.

If an invention is made by an

employee and it is determined that the

employee inventor is entitled to full

ownership under 37 CFR 501.6, subject

to a nonexclusive, irrevocable, royaltyfree license in the Government with

power to grant sublicenses for all

Governmental purposes, it shall be the

duty of the employee inventor to notify

the Office of General Counsel of the

status of the patent application,

including the patent application

number, so that the Department may

protect the interests reserved to the

Government under 37 CFR 501.6.

8. Section 1.656 is revised to read as

follows:

§ 1.656 Information to be submitted by

inventor.

(a) In the case of an invention or

believed invention, the inventor will

prepare a statement for submission to

his or her immediate superior. It will be

submitted regardless of where the

ownership is believed to exist. The

statement will consist of two parts:

(1) One part of the statement will be

a disclosure of the invention sufficient

to permit the preparation of a patent

applicant. It shall consist of a

description, including where applicable,

of the parts or components of the

invention as shown on the drawings or

blueprints, accompanied further by a

description of the construction and

operation of the invention. Photographs

of the invention may be included. The

inventor should state pertinent prior art

known to him or her, and set forth in

detail as clearly as possible the respects

which his or her invention differs.

(2) The other part of the statement

will set forth the circumstances

attending the making of the invention.

It will include the full name and

address of the inventor; the grade and

title of his or her position; whether full

time or part time; his or her duties at the

time the invention was made; the facts

pertinent to a determination whether

the invention bore a direct relation to or

was made in consequence of such

official duties; whether there was, and

if so, the terms of any special agreement

or understanding with respect to use or

manufacture of his or her invention;

date of the invention; when and where

it was conceived, constructed and

tested; whether it was made entirely

during working hours; whether, and to

what extent there was a contribution by

the Government of any of the following:

Facilities; equipment; materials or

supplies; funds; information; time or

services of other Government employees

on duty. When the invention is

disclosed through publication, or in

consultation with a manufacturer or

attorney, simultaneous notification of

the publication shall be given to the

Office of General Counsel. A copy of the

article will accompany the notification.

(b) The inventor’s immediate superior

shall promptly review the statement of

the employee inventor for completeness

and accuracy, and shall certify that the

employee’s statement of circumstances

attending the invention is or is not

correct, giving reasons if pertinent. The

file should then be submitted through

the facility head (or administration

heads or top staff officials in the case of

Central Office employees) to the General

Counsel together with any comments or

recommendations.

§ 1.657 [Removed]

9. Section 1.657 is removed.

§ 1.658 [Redesignated as § 1.657]

10. Section 1.658 is redesignated as

11. Newly redesignated § 1.657 is

revised to read as follows:

§ 1.657 Determination of rights.

The General Counsel will make a

determination of rights subject to review

where required by the Secretary of

Commerce. The determination will be in

accordance with 37 CFR 501.7.

12. A new § 1.658 is added to read as

follows:

§ 1.658 Right of appeal.

In accordance with 37 CFR 501.8, the

employee has a right of appeal to the
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29659

Secretary of Commerce within 30 days

of receipt of the Department’s

determination of ownership rights. The

decision reached by the Secretary of

Commerce will be communicated to the

employee.

13. Section 1.659 is amended by

removing ‘‘patentability’’ and adding, in

its place, ‘‘a determination of ownership

rights’’; by removing ‘‘may’’ and adding,

in its place, ‘‘will’’; by removing ‘‘patent

consideration.’’ and adding, in its place,

‘‘an ownership determination where the

employee idea or suggestion involves an

invention. The employee shall be

directed to submit a disclosure of

invention in accordance with these

regulations if such has not been

previously submitted.’’

§ 1.660 [Removed]

14. Section 1.660 is removed.

§ 1.661 [Redesignated as § 1.660]

15. Section 1.661 is redesignated as

§ 1.660.

16. Newly redesignated § 1.660 is

revised to read as follows:

§ 1.660 Expeditious handling.

No patent may be granted where the

invention has been in public use or

publicly disclosed for more than one

year before filing of a patent application.

Hence, submissions involving

inventions should be made as promptly

as possible in order to avoid delay

which might jeopardize title to the

invention or impair the rights of the

inventor or the Government.

§ 1.662 [Redesignated as § 1.661]

17. Section 1.662 is redesignated as

§ 1.661.

§ 1.663 [Redesignated as § 1.662]

18. Section 1.663 is redesignated as

§ 1.662.

§ 1.666 [Redesignated as § 1.663]

19. Section 1.666 is redesignated as

§ 1.663.

20. Newly redesignated § 1.663 is

revised to read as follows:

§ 1.663 Licensing of Government-owned

inventions.

(a) The licensing of Governmentowned inventions under VA control and

custody will be conducted pursuant to

the regulations on the licensing of

Government-owned inventions

contained in 37 CFR part 404, and 15

U.S.C. 3710a, as appropriate.

(b) Any person whose application for

a license in an invention under VA

control and custody has been denied;

whose license in such an invention has

been modified or terminated, in whole

or in part; or who timely filed a written

objection in response to a proposal to

grant an exclusive or partially exclusive

license in an invention under VA

control or custody, may, if damaged,

appeal any decision or determination

concerning the grant, denial,

interpretation, modification, or

termination of a license to the Secretary

of Veterans Affairs. Such appeal shall be

in writing; shall set forth with

specificity the basis of the appeal; and

shall be postmarked not later than 60

days after the action being appealed.

Upon request of the appellant, such

appeal may be considered by one to

three persons appointed on a case-bycase basis by the Secretary of Veterans

Affairs. Such a request will be granted

only if it accompanies the written

appeal. Appellant may appear and be

represented by counsel before such a

panel, which will sit in Washington,

DC. If the appeal challenges a decision

to grant an exclusive or partially

exclusive license in an invention under

VA control or custody, the licensee shall

be furnished a copy of the appeal, shall

be given the opportunity to respond in

writing, may appear and be represented

by counsel at any hearing requested by

appellant, and may request a hearing if

appellant has not, under the same terms

and conditions, at which the appellant

may also appear and be represented by

counsel.

[FR Doc. 96–14844 Filed 6–11–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 014–0003a FRL–5464–4]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Five

Local Air Pollution Control Districts

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. The

revisions concern rules from the

following: El Dorado County Air

Pollution Control District (EDCAPCD),

Kern County Air Pollution Control

District (KCAPCD), Placer County Air

Pollution Control District (PCAPCD),

Santa Barbara County Air Pollution

Control District (SBCAPCD), and South

Coast Air Quality Management District

(SCAQMD). These new and revised

rules control VOC emissions from

graphic arts operations. This approval

action will incorporate these rules into

the federally approved SIP. The

intended effect of approving these rules

is to regulate emissions of volatile

organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). In addition, the final

action on the SBCAPCD rule serves as

a final determination that the finding of

nonsubmittal for this rule has been

corrected and that on the effective date

of this action, the Federal

Implementation Plan (FIP) clocks is

stopped. Thus, EPA is finalizing the

approval of these revisions into the

California SIP under provisions of the

CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

DATES: This action is effective on

August 12, 1996, unless adverse or

critical comments are received by July

12, 1996. If the effective date is delayed,

a timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814

El Dorado County APCD, 2850 Fairlane

Court, Placerville, CA 95667

Kern County APCD, 2700 M. Street,

Suite 290, Bakersfield, CA 93301

Placer County APCD, 11464 B. Avenue,

Auburn, CA 95603

Santa Barbara County APCD, 26

Castilian Drive, B–23 Goleta, CA

93117

South Coast AQMD, 21865 E. Copley

Drive, Diamond Bar, CA 91765–4182.

FOR FURTHER INFORMATION CONTACT:

Erik H. Beck, Rulemaking Section (A–5–

3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1190. Internet E-mail:

beck.erik@epamail.epa.gov.