[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Rules and Regulations]
[Pages 4885-4887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2159]
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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.
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SUMMARY: The Department of Energy (DOE) today is amending its Patent
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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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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
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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.
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2. Section 780.4 is revised to read as follows:
Sec. 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.
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3. Revise Sec. 780.9 to read as follows:
Sec. 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 Sec. 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]
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