[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Rules and Regulations]
[Pages 28774-28775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4493]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1260

RIN 2700-AD24


NASA Grant and Cooperative Agreement Handbook--Patent Rights and 
Rights in Data, CSC Programs

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: This final rule amends 14 CFR 1260.20(e), ``Provisions,'' and 
the introductory paragraph to Exhibit E (Commercial Space Centers 
Program Grants/Cooperative Agreements Intellectual Property) to clarify 
that the ``Patent Rights'' and ``Rights in Data--CSC Program'' special 
conditions in Exhibit E are to be used in all grants or cooperative 
agreements awarded to Commercial Space Centers (CSC) under the Space 
Development and Commercial Research (SDCR) Program instead of (rather 
than in addition to) the general conditions for Patent Rights (Sec.  
1260.28) and Rights in Data (Sec.  1260.30).
    In addition, this final rule makes an administrative change to 
correct a cross-reference error in paragraph (e) of the general 
condition entitled, ``Patent Rights,'' Sec.  1260.28.

DATES: Effective Date: May 18, 2006.

FOR FURTHER INFORMATION CONTACT: Paul Brundage, NASA Headquarters, 
Contract Management Division, Washington, DC, (202) 358-0481, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    The Grant Handbook at Sec.  1260.20(e) requires use of Exhibit E, 
Special Conditions for Cooperative Agreements between NASA and the 
Commercial Space Centers. However, Exhibit E also requires use of the 
general conditions which include Sec.  1260.28, Patent Rights, and 
Sec.  1260.30, Rights in Data. This coverage may have the unintentional 
consequence of requiring use of both the Exhibit E special conditions 
and the general conditions. In such case, the Exhibit E special 
conditions would take precedence since they are structured as stand-
alone special conditions that supersede the general conditions. 
However, to avoid any potential misinterpretation or confusion, this 
change clarifies that the special conditions in Exhibit E replace the 
general conditions for patent and data rights.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
because the changes are merely clarifying existing coverage in the 
Grant Handbook.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not impose any new recordkeeping or information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public that require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501 et seq.

List of Subjects in 14 CFR Part 1260

    Grant programs--science and technology.

Tom Luedtke,
Assistant Administrator for Procurement.

0
Accordingly, 14 CFR part 1260 is amended as follows:
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1. The authority citation for 14 CFR part 1260 continues to read as 
follows:

    Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97-258, 96 Stat. 1003 
(31 U.S.C. 6301 et seq.), and OMB Circular A-110.

PART 1260--GRANTS AND COOPERATIVE AGREEMENTS

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2. Amend Sec.  1260.20 by revising paragraph (e) to read as follows:


Sec.  1260.20  Provisions.

* * * * *
    (e) Grants or cooperative agreements awarded by NASA to the 
Commercial Space Centers under the Space Development and Commercial 
Research (SDCR) Program require special conditions in lieu of those set 
forth at Sec. Sec.  1260.28, Patent Rights, and 1260.30, Rights in 
Data. SDCR Special Conditions are required to be included in full text 
for all SDCR Grants and Cooperative Agreements (Exhibit E to subpart A 
of this part 1260). Changes or additions to these Special Conditions 
must be approved by the Office of Space Utilization and Product 
Development before the award of the grant or

[[Page 28775]]

cooperative agreement. Requests for changes or additions are to be 
coordinated through the Office of Procurement, Program Operations 
Division.
* * * * *

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3. Amend Sec.  1260.28 by revising the date and paragraph (e) to read 
as follows:


Sec.  1260.28  Patent rights.

Patent Rights

    May 2006
* * * * *
    (e) The NASA implementing regulation for paragraph (g)(2) of the 
``Patent Rights'' clause is at 48 CFR 1827.304-4(a)(i).
* * * * *

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4. Amend Exhibit E to subpart A of part 1260 by revising the 
introductory paragraph to read as follows:

    The following Space Development and Commercial Research (SDCR) 
Special Conditions replace General Conditions Sec. Sec.  1260.28, 
Patent Rights, and 1260.30, Rights in Data. Insert these Special 
Conditions in full text in all SDCR Grants and Cooperative 
Agreements in addition to the General Conditions in the NASA Grant 
and Cooperative Agreement Handbook (except for Sec. Sec.  1260.28 
and 1260.30). Any changes or additions to these Special Conditions 
must be approved by the Office of Procurement, NASA Headquarters, 
Procurement Operations Division, before award of the agreement.
* * * * *
[FR Doc. 06-4493 Filed 5-17-06; 8:45 am]
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