[Federal Register Volume 65, Number 192 (Tuesday, October 3, 2000)]
[Notices]
[Pages 59004-59005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25429]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Availability of Government-Owned Trademark for Licensing

AGENCY: National Institute of Occupational Safety and Health (NIOSH), 
Centers for Disease Control and Prevention (CDC), Department of Health 
and Human Services (DHHS).

TITLE: Availability of a Government-owned Trademark for Licensing: The 
Registry of Toxic Effects of Chemical Substances (RTECS).

ACTION: Notice and request for proposals. NIOSH is requesting proposals 
for the purpose of establishing a licensing agreement for the 
continuation of a trademarked product: RTECS. (The NIOSH 
Trademark named in this notice is owned by the United States Government 
and is available or licensing in the United States (U.S.), in 
accordance with 35 U.S.C. 207 to achieve expeditious commercialization 
of results of federally funded research and development.)

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SUMMARY: From the 1971 initial release of the mandated Toxic Substances 
List, the National Institute for Occupational Safety and Health (NIOSH) 
has been systematically building and updating the Registry of Toxic 
Effects of Chemical Substances (RTECS). RTECS was 
originally published in book format, later a microfiche version was 
developed. Currently, RTECS is available in a digital format 
for electronic delivery. RTECS is recognized as the world's 
most extensive collection of numerical toxicological data. Because 
RTECS identifies specific toxicological endpoints, it has a 
unique status among databases that provide toxicology information. 
RTECS is used not only by the occupational safety and health 
community; it serves as a standard reference for life-science 
scientists and regulatory groups from all parts of the world. Both its 
content and design have contributed to its wild spread use, thus making 
RTECS a commercially viable product. NIOSH is now soliciting 
proposals from organizations interested in assuming the responsibility 
for the continued operation and funding of RTECS. This 
include the ongoing review of toxicological documents, extraction and 
updating of appropriate information as well as the marketing and 
distribution of the RTECS database through a trademark 
licensing agreement.

DATES: Written licensing proposals can be sent to Thomas E. O'Toole, 
M.P.H., Deputy Director, Technology Transfer Office, Centers for 
Disease Control and Prevention (CDC), Mailstop E-67, 1600 Clifton Road, 
Atlanta, Georgia 30333 on or before December 4, 2000.

FOR FURTHER INFORMATION CONTACT: Doris Sweet, Education and Information 
Division, Information Resources Branch, NIOSH, CDC 4676 Columbia 
Parkway, Mailstop C-18, Cincinnati, Ohio 45226, telephone 513-533-8359, 
e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

RTECS Trademark License Proposal

    1. Exclusive use of the RTECS name for the production and 
marketing of the database. The Licensee will have unlimited right to 
the use of the RTECS name for product identification and 
promotion as related to selling and marketing the production of the 
Database.
    2. Control of the current RTECS Master File. The Licensee 
will provided with a copy of the last NIOSH-produced RTECS 
Master File and the CODEN File. The Licensee may reformat the data, 
provided the six toxicity fields remain intact. New fields may be added 
for the enhancement of the Database (e.g. physical and chemical 
properties, structural formulas, author names). Selected fields may be 
deleted if the worth or power of the Database is not diminished (e.g., 
Wiswesser Line Notation).
    3. Authority and responsibility for vendor agreements. Upon 
execution of this agreement, the National Technical Information Service 
(NTIS), currently serving as broker for NIOSH, will notify all current 
vendors that existing vendor agreements will terminate after ninety 
(90) days. Thereafter, vendor agreements become the responsibility of 
the Licensee, who may decide to extend existing agreements until the 
expiration date, or to negotiate new agreements with all vendors. The 
Licensee will not be bound by any previous agreements with NTIS, unless 
they chose to negotiate with that organization.
    4. Access to comprehensive documentation. NIOSH will provide access 
to the collection of all source references cited in RTECS. 
These are an essential tool in accessing the original documentation 
cited in the Database. In order to assure full historical information, 
NIOSH will also provide access to a complete collection of printed 
editions of RTECS, from 1971 to 1985-86, and annual 
microfiche editions beyond 1987.
    5. NIOSH consultation services. NIOSH will provide support to the 
Licensee through participation on any established Board/Committee 
empowered to modify the Database.

NIOSH Requirements To Be Addressed in the Proposal

    1. Maintenance of RTECS as a viable toxicological 
database. The Licensee must maintain the quality of the Database, 
making only such changes that will enhance its value and power, and 
those mandated by changing technologies. The adoption of alternate test 
methods will require an altered approach. The proposal should address 
plans for coverage of current toxicological literature on an 
international scale.
    2. Preservation of international literature coverage. The proposal 
shall address the manner in which the continued coverage of 
international literature will be accomplished. Because much of the 
current data now originates from outside the United States, especially 
in the Orient and Eastern Europe, access to linguistic skills is vital.

[[Page 59005]]

    3. Continued accessibility of RTECS to the international 
scientific community. The Licensee must make RTECS 
continuously available world-wide and market the Database in a variety 
of formats including, but not limited to on-line, CD-ROM, and the 
Internet.
    4. Multiple point and free access to NIOSH of all RTECS 
products. The Licensee will provide NIOSH research and information 
staff with multiple point and free access to RTECS to 
accommodate NIOSH users at six NIOSH sites, maximum usage not to exceed 
25 users.
    5. NIOSH representation on editorial or policy board or committee. 
A NIOSH representative will be designated to serve on any editorial or 
policy board established for the Database to ensure that the interests 
of the Institute are considered. This representative will serve in a 
consultative capacity without decision-making authority.

General Terms

    1. Ownership of the RTECS trademark will be retained by 
NIOSH.
    2. The licensing agreement can be terminated by either party.
    3. Ownership of data files, microfiche, and other files. NIOSH will 
retain ownership of the last RTECS Master File produced with 
NIOSH funds. The Licensee will retain ownership of all new data 
generated and indexed under this agreement. NIOSH will also retain 
ownership of the microfiche collection of the bibliographical 
references. The full hard copy collection of the same references will 
be delivered to the Licensee, along with the annual microfiche editions 
produced after 1987. In the event of a termination of the Licensing 
Agreement, the hard copy collection and annual microfiche additions 
will be returned to NIOSH.
    4. Duration of agreement will be negotiated in the license.
    5. In submitted proposals, each requirement shall be addressed 
individually.

Linda Rosenstock,
Director, National Institute for Occupational Safety and Health, 
Centers for Disease Control and Prevention.
[FR Doc. 00-25429 Filed 10-02-00; 8:45 am]
BILLING CODE 4163-18-P