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46078 Federal Register / Vol. 70, No.

152 / Tuesday, August 9, 2005 / Rules and Regulations

failure of the relay, which could result in the Issued in Renton, Washington, on July 29, Interested parties were invited to
oxygen masks failing to deploy and deliver 2005. participate in this rulemaking
oxygen to the passengers in the event of a Kevin M. Mullin, proceeding by submitting written
rapid decompression or cabin Acting Manager, Transport Airplane comments on the proposals to the FAA.
depressurization. Directorate, Aircraft Certification Service. No comments objecting to the proposal
Compliance [FR Doc. 05–15588 Filed 8–8–05; 8:45 am] were received.
(e) You are responsible for having the BILLING CODE 4910–13–P
The Rule
actions required by this AD performed within
the compliance times specified, unless the This amendment to part 71 of the
actions have already been done. DEPARTMENT OF TRANSPORTATION Federal Aviation Regulations (14 CFR
Part 71) establishes Class D airspace at
Repetitive Replacement and Test Federal Aviation Administration Pascagoula, MS.
(f) Replace the relay in the passenger The FAA has determined that this
oxygen release system in the forward cabin 14 CFR Part 71 regulation only involves an established
with a new relay and test for proper body of technical regulations for which
operation by doing all the actions as [Docket No. FAA–2005–20895; Airspace
frequent and routine amendments are
specified in the Accomplishment Docket No. 05–ASO–6]
necessary to kept them operationally
Instructions of Boeing Alert Service Bulletin
717–35A0003, Revision 1, dated June 7, Establishment of Class D Airspace; current. It, therefore, (1) is not a
2005; at the applicable time specified in Pascagoula, MS ‘‘significant regulatory action’’ under
paragraph (f)(1) or (f)(2) of this AD. Repeat Executive Order 12866; (2) is not a
the actions at intervals not to exceed 3,100 AGENCY: Federal Aviation ‘‘significant rule’’ under DOT
flight cycles. Administration (FAA), DOT. Regulatory Policies and Procedures (44
(1) For Group 1 airplanes, as identified in ACTION: Final rule. FR 11034; February 26, 1979); and (3)
the service bulletin: Within 6 months after does not warrant preparation of a
the effective date of this AD. SUMMARY: This action establishes Class regulatory evaluation as the anticipated
(2) For Group 2 airplanes, as identified in D airspace at Pascagoula, MS. A Federal impact is so minimal. Since this is a
the service bulletin: Before the accumulation contract tower with a weather reporting routine matter that will only affect air
of 3,100 total flight cycles, or within 6 system is being constructed at the Trent traffic procedures and air navigation, it
months after the effective date of this AD, Lott International Airport. Therefore, is certified that this rule will not have
whichever is later. the airport will meet the criteria for a significant economic impact on a
Credit for Previously Accomplished Actions establishment of Class D airspace. Class substantial number of small entities
(g) Replacements and tests accomplished D surface area airspace is required when under the criteria of the Regulatory
before the effective date of this AD in the control tower is open to contain Flexibility Act.
accordance with Boeing Alert Service existing Standard Instrument Approach
Bulletin 717–35A0003, dated November 19, Procedures (SIAPs) and other List of Subjects in 14 CFR Part 71
2004, are acceptable for compliance with Instrument Flight Rules (IFR) operations Airspace, Incorporation by reference,
paragraph (f) of this AD. at the airport. This action will establish Navigation (air).
Alternative Methods of Compliance Class D airspace extending upward from
Adoption of the Amendment
(AMOCs) the surface, to and including 2,500 feet
MSL, within a 4.1-mile radius of the ■ In consideration of the foregoing, the
(h) The Manager, Los Angeles Aircraft
Certification Office, FAA, has the authority to airport. Federal Aviation Administration
approve AMOCs for this AD, if requested in EFFECTIVE DATES: 0901 UTC, October 27, amends 14 CFR Part 71 as follows:
accordance with the procedures found in 14 2005.
CFR 39.19. PART 71—DESIGNATION OF CLASS A,
FOR FURTHER INFORMATION CONTACT: CLASS B, CLASS C, CLASS D AND
Material Incorporated by Reference Mark D. Ward, Manager, Airspace and CLASS E AIRSPACE AREAS;
(i) You must use Boeing Alert Service Procedures Branch, Air Traffic Division, AIRWAYS; ROUTES; AND REPORTING
Bulletin 717–35A0003, Revision 1, dated Federal Aviation Administration, P.O. POINTS
June 7, 2005, to perform the actions that are Box 20636, Atlanta, Georgia 30320;
required by this AD, unless the AD specifies telephone (404) 305–5627. ■ 1. The authority citation for 14 CFR
otherwise. The Director of the Federal Part 71 continues to read as follows:
SUPPLEMENTARY INFORMATION:
Register approved the incorporation by Authority: 49 U.S.C. 106(g); 40103, 40113,
reference of this document in accordance History 40120; EO 10854, 24 FR 9565, 3 CFR, 1959–
with 5 U.S.C. 552(a) and 1 CFR part 51. 1963 Comp., p. 389; 14 CFR 11.69.
Contact Boeing Commercial Airplanes, Long
On April 27, 2005, the FAA proposed
Beach Division, 3855 Lakewood Boulevard, to amend part 71 of the Federal Aviation § 71.1 [Amended]
Long Beach, California 90846, Attention: Regulations (14 CFR part 71) by
establishing Class D airspace at ■ 2. The incorporation by reference in 14
Data and Service Management, Dept. C1–L5A CFR 71.1 of Federal Aviation
(D800–0024), for a copy of this service Pascagoula, MS, (70 FR 21694). This
information. You may review copies at the action provides adequate Class D Administration Order 7400.9M,
Docket Management Facility, U.S. airspace for IFR operations at Trent Lott Airspace Designations and Reporting
Department of Transportation, 400 Seventh International Airport. Designations for Points, dated August 30, 2004, and
Street SW., Room PL–401, Nassif Building, Class D Airspace are published in effective September 16, 2004, is
Washington, DC; on the Internet at http:// paragraph 5000 of FAA Order 7400.9M, amended as follows:
dms.dot.gov; or at the National Archives and
dated August 30, 2004, and effective Paragraph 5000 Class D Airspace.
Records Administration (NARA). For
information on the availability of this September 16, 2004, which is
* * * * *
material at the NARA, call (202) 741–6030, incorporated by reference in 14 CFR
or go to http://www.archives.gov/ 71.1. The Class D airspace designation ASO MS D Pascagoula, MS [NEW]
federal_register/code_of_federal_regulations/ listed in this document will be Pascagoula, Trent Lott International Airport,
ibr_locations.html. published subsequently in the Order. MS

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Federal Register / Vol. 70, No. 152 / Tuesday, August 9, 2005 / Rules and Regulations 46079

(Lat. 30°27′46″ N, long. 88°31′45″ W) Contractors as ‘‘Recipients’’. This final ■ 2. Amend § 1260.28 by revising the
That airspace extending upward from the rule amends § 1260.28 to refer to NASA date of the provision to read ‘‘August
surface to and including 2,500 feet MSL contractors as ‘‘Contractors’’ and not 2005’’, and revising paragraph (h) to read
within a 4.1-mile radius of the Trent Lott ‘‘Recipients’’; (2) Paragraph (a)(1) of as follows:
International Airport. This Class D airspace Provision § 1260.30, ‘‘Rights in data’’ is
area is effective during the specific days and amended to correct previous revisions § 1260.28 Patent rights.
times established in advance by a notice to * * * * *
of the definition of the word ‘‘data’’ to
Airmen. The effective days and times will (h) In the event NASA contractors are
thereafter be continuously published in the include copyrightable work in which
the recipient asserts copyright, or for tasked to perform work in support of
Airport/Facility Directory.
which copyright ownership was specified activities under a cooperative
* * * * * agreement and inventions are made by
purchased. The words ‘‘created under
Issued in College Park, Georgia, on July 28, the grant or cooperative agreement’’ are Contractor employees, the Contractor
2005. added to the Provision for clarification; will normally retain title to its employee
Mark D. Ward, and (3) Intellectual Property provisions inventions in accordance with 35 U.S.C.
Acting Area Director, Air traffic Division, are reflected in Provisions § 1260.28, 202, 14 CFR Part 1245, and Executive
Southern Region. § 1260.30, § 1260.50, § 1260.57, and Order 12591. In the event the Contractor
[FR Doc. 05–15651 Filed 8–8–05; 8:45 am] § 1260.59 of the Handbook. Provision decides not to pursue rights to title in
BILLING CODE 4910–13–M § 1260.75 of the Handbook summarizes any such invention and NASA obtains
the reporting responsibilities of the title to such inventions, NASA will use
recipient as are stated in the intellectual reasonable efforts to report such
NATIONAL AERONAUTICS AND property provisions. This final rule inventions and, upon timely request,
SPACE ADMINISTRATION amends § 1260.75 to correct the cross- will use reasonable efforts to grant the
references between the intellectual Recipient an exclusive, or partially
14 CFR Part 1260 property provisions and the reporting exclusive, revocable, royalty-bearing
requirements of § 1260.75. license, subject to the retention of a
RIN 2700–AD14
This is not a significant regulatory royalty-free right of the Government to
NASA Grant and Cooperative action and, therefore, was not subject to practice or have practiced the invention
Agreement Handbook—Intellectual review under section 6(b) of Executive by or on behalf of the Government.
Property Required Reports and Order 12866, Regulatory Planning and ■ 3. Amend § 1260.30 by revising the
Publications Review, dated September 30, 1993. This date of the provision to read ‘‘August
final rule is not a major rule under 5 2005’’, and revising paragraph (a)(1) to
AGENCY: National Aeronautics and U.S.C. 804. read as follows:
Space Administration (NASA).
B. Regulatory Flexibility Act § 1260.30 Rights in data.
ACTION: Final rule.
NASA certifies that this final rule will * * * * *
SUMMARY: This final rule amends the not have a significant economic impact (a) Fully Funded Efforts.
NASA Grant and Cooperative on a substantial number of small entities (1) ‘‘Data’’ means recorded
Agreement Handbook (Handbook) to within the meaning of the Regulatory information, regardless of form, the
clarify intellectual property provisions. Flexibility Act, 5 U.S.C. 601 et seq., media on which it may be recorded, or
Provision § 1260.28, ‘‘Patent rights’’ is because the changes are for clarification the method of recording, created under
amended to refer to NASA contractors only and do not impose additional the grant or cooperative agreement. The
as ‘‘Contractors’’ and not ‘‘Recipients’’. requirements. term includes, but is not limited to, data
Provision § 1260.30, ‘‘Rights in data’’ is C. Paperwork Reduction Act of a scientific or technical nature, and
amended to clarify the definition of the any copyrightable work, including
word ‘‘data’’. Provision § 1260.75, The Paperwork Reduction Act does computer software and documentation
‘‘Summary of report requirements’’, is not apply because this final rule does thereof, in which the recipient asserts
amended to correct the cross-references not impose any new recordkeeping or copyright, or for which copyright
to the intellectual property provisions of information collection requirements, or ownership was purchased, under the
the Handbook. These changes are collection of information from offerors, grant or cooperative agreement.
administrative in nature. No change is contractors, or members of the public
that require the approval of the Office of * * * * *
being made to the actual reporting
Management and Budget under 44 ■ 4. Amend § 1260.75 by—
requirements. ■ (a) Removing paragraphs (b)(5) and
U.S.C. 3501, et seq.
DATES: Effective August 9, 2005. (b)(11);
List of Subjects in 14 CFR Part 1260 ■ (b) Redesignating paragraphs (b)(6)
FOR FURTHER INFORMATION CONTACT: Grant programs, science and through (b)(12) as (b)(5) through (b)(10);
Monique Sullivan, NASA Headquarters, technology. ■ (c) Revising the newly designated
Code HK, Washington, DC, (703–553– paragraphs (b)(5) through (b)(10); and
Tom Luedtke, ■ (d) Revising paragraph (c)(1).
2560) e-mail: monique.sullivan-
Assistant Administrator for Procurement. The revised paragraphs are to read as
1@nasa.gov.
■Accordingly, 14 CFR part 1260 is follows:
SUPPLEMENTARY INFORMATION:
amended as follows:
§ 1260.75 Summary of report
A. Background requirements.
PART 1260—GRANTS AND
This final rule amends the NASA COOPERATIVE AGREEMENTS * * * * *
Grant and Cooperative Agreement (b) * * *
Handbook (Handbook) to make three ■ 1. The authority citation for 14 CFR (5) A Disclosure of Subject Invention
clarifications to intellectual property 1260 continues to read as follows: or a Disclosure of Reportable Item is
provisions: (1) Provision § 1260.28, Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97– required, as applicable, in accordance
‘‘Patent rights’’ currently refers to NASA 258, 96 Stat. 1003 (31 U.S.C. 6301, et seq.) with § 1260.28 for all grants and

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