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provided at http://era.info.nih.gov/ PART 660—INTERGOVERNMENTAL Edison, and should be followed for NSF REVIEW OF THE NATIONAL subject inventions except that:

SCIENCE FOUNDATION PRO(1) All written communications re

GRAMS AND ACTIVITIES quired should be addressed to the Patent Assistant, Office of the General

Sec. Counsel, National Science Foundation,

660.1 What is the purpose of these regula4201 Wilson Boulevard, Arlington, VA

tions? 22230.

660.2 What definitions apply to these regu(2) NSF does not require either an lations? Annual Utilization Report or a Final 660.3 What programs and activities of the Invention Statement and Certification.

Foundation are subject to these regula

tions? (b) Questions on use of Edison may be

660.4 [Reserved] sent to the NSF Patent Assistant at

660.5 What is the Director's obligation with patents@nsf.gov.

respect to Federal interagency coordina[62 FR 49938, Sept. 24, 1997]

tion?

660.6 What procedures apply to the selection APPENDIX A TO PART 650—OPTIONAL

of programs and activities under these

regulations? FORMAT FOR CONFIRMATORY LICENSE

660.7 How does the Director communicate The following format may be used for the with state and local officials concerning confirmatory license to the Government re

the Foundation's programs and activiquired by subparagraph (f)(5) of the Patent

ties? Rights clause in $ 650.4(a). Any equivalent in

660.8 How does the Director provide states strument may also be used.

an opportunity to comment on proposed

Federal financial assistance and direct LICENSE TO THE UNITED STATES GOVERNMENT Federal development?

660.9 How does the Director receive and reThis instrument confirms to the United

spond to comments? States Government, as represented by the

660.10 How does the Director make efforts National Science Foundation, an irrev

to accommodate intergovernmental conocable, nonexclusive, nontransferable, roy

cerns? alty-free license to practice or have prac

660.11 What are the Director's obligations in ticed on its behalf throughout the world the

interstate situations? following subject invention:

660.12 [Reserved] (invention title)

660.13 May the Director waive any provision (inventor[s] name[s])

of these regulations? (patent application number and filing date) AUTHORITY: E.O. 12372, July 14, 1982 (47 FR (country, if other than United States)

30959), as amended Apr. 8, 1983 (48 FR 15887);

and sec. 401 of the Intergovernmental Co(NSF Disclosure No.).

operation Act of 1968 and as amended (31 This subject invention was made with NSF U.S.C. 6506). support through:

SOURCE: 48 FR 29365, June 24, 1983, unless (grant or contract number)

otherwise noted. (grantee or contractor).

$ 660.1 What is the purpose of these Principal rights to this subject invention have been left with the licensor.

regulations? Signed:

(a) The regulations in this part imName:

plement Executive Order 12372, “Inter

governmental Review of Federal ProTitle:

grams,” issued July 14, 1982 and amendDate:

ed on April 8, 1983. These regulations Accepted on behalf of the Government:

also implement applicable provisions of section 401 of the Intergovermental Cooperation Act of 1968.

(b) These regulations are intended to NSF Patent Assistant

foster an intergovermental partnership Date:

and a strengthened Federalism by relying on state processes and on state,

areawide, regional and local coordina this part for intergovernmental review tion for review of proposed Federal fi- under these regulations. Each state, nancial assistance and direct Federal before selecting programs and actividevelopment.

ties, shall consult with local elected of(c) These regulations are intended to ficials. aid the internal management of the

(b) Each state that adopts a process Foundation, and are not intended to

shall notify the Director of the Founcreate any right or benefit enforceable

dation's programs and activities seat law by a party against the Founda

lected for that process. tion or its officers.

(c) A state may notify the Director of $ 660.2 What definitions apply to these changes in its selections at any time. regulations?

For each change, the state shall submit Foundation means the National

to the Director an assurance that the Science Foundation.

state has consulted with elected local Order means Executive Order 12372, elected officials regarding the change. issued July 14, 1982, and amended April The Foundation may establish dead8, 1983 and titled “Intergovernmental lines by which states are required to Review of Federal Programs."

inform the Director of changes in their Director means the Director of the program selections. National Science Foundation or an of (d) The Director uses a state's procficial or employee of the Foundation

ess as soon as feasible, depending on inacting for the Director under a delega

dividual programs and activities, after tion of authority.

the Director is notified of its selecState means any of the 50 states, the

tions. District of Columbia, the Commonwealth of Puerto Rico, the Common $ 660.7 How does the Director commuwealth of the Northern Mariana Is

nicate with state and local officials lands, Guam, American Samoa, the concerning the Foundation's proU.S. Virgin Islands, or the Trust Terri

grams and activities? tory of the Pacific Islands.

(a) For those programs and activities 8 660.3 What programs and activities covered by a state process under $ 660.6,

of the Foundation are subject to the Director, to the extent permitted these regulations?

by law: The Director publishes in the FED- (1) Uses the state process to deterERAL REGISTER a list of the Founda- mine views of state and local elected tion's programs and activities that are officials; and subject to these regulations.

(2) Communicates with state and

local elected officials, through the 660.4 [Reserved]

state process, as early in a program 8660.5 What is the Director's obliga- planning cycle as is

planning cycle as is reasonably feasible tion with respect to Federal inter- to explain specific plans and actions. agency coordination?

(b) The Director provides notice to The Director, to the extent prac- directly affected state, areawide, reticable, consults with and seeks advice gional, and local entities in a state of from all other substantially affected proposed Federal financial assistance Federal departments and agencies in or direct Federal development if: an effort to assure full coordination be- (1) The state has not adopted a proctween such agencies and the Founda- ess under the Order; or tion regarding programs and activities (2) The assistance or development incovered under these regulations.

volves a program or activity not se$ 660.6 What procedures apply to the

lected for the state process. selection of programs and activities This notice may be made by publicaunder these regulations?

tion in the FEDERAL REGISTER or other (a) A state may select any program

appropriate means, which the Foundaor activity published in the FEDERAL tion in its discretion deems approREGISTER in accordance with 8 660.3 of priate.

areawide, regional and local officials and entities may submit comments either to the applicant or to the Foundation. In addition, if a state process recommendation for a nonselected program or activity is transmitted to the Foundation by the single point of contact, the Director follows the procedures of 8 660.10 of this part.

(e) The Director considers comments which do not constitute a state process recommendation submitted under these regulations and for which the Director is not required to apply the procedures of $ 660.10 of this part, when such comments are provided by a single point of contact, by the applicant, or directly to the Foundation by a commenting party.

avea.

$ 660.8 How does the Director provide

states an opportunity to comment on proposed Federal financial assistance and direct Federal devel.

opment? (a) Except in unusual circumstances, the Director gives state processes or directly affected state, areawide, regional and local officials and entities:

(1) At least 30 days from the date established by the Director to comment on proposed Federal financial assistance in covered programs (i.e., those referenced in § 660.3) in the form of continuation awards that are not peer reviewed; and

(2) At least 60 days from the date established by the Director to comment on proposed direct Federal development or Federal financial assistance in covered programs (i.e. those referenced 660.3) other than continuation awards that are not peer reviewed.

(b) This section also applies to comments in cases in which the review, coordination, and communication with the Foundation have been delegated. 8 660.9 How does the Director receive

and respond to comments? (a) The Director follows the procedures in 8 660.10 if:

(1) A state office or official is designated to act as a single point of contact between a state process and all Federal agencies, and

(2) That office or official transmits a state process recommendation for a program selected under $ 660.6.

(b)(1) The single point of contact is not obligated to transmit comments from state, areawide, regional or local officials and entities where there is no state process recommendation.

(2) If a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted.

(c) If a state has not established a process, or is unable to submit a state process recommendation, state, areawide, regional and local officials and entities may submit comments either to the applicant or to the Foundation.

(d) If a program or activity is not selected for a state process, state,

8 660.10 How does the Director make

efforts to accommodate intergov.

ernmental concerns? (a) If a state process provides a state process recommendation to the Foundation through its single point of contact, the Director either:

(1) Accepts the recommendation;

(2) Reaches a mutually agreeable solution with the state process; or

(3) Provides the single point of contact with a written explanation of the decision in such form as the Director in his or her discretion deems appropriate. The Director may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means.

(b) In any explanation under paragraph (a)(3) of this section, the Director informs the single point of contact that:

(1) The Foundation will not implement its decision for at least ten days after the single point of contact receives the explanation; or

(2) The Director has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible.

(c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification.

670.9 Antarctic Conservation Act enforce

ment exception. 670.10 [Reserved]

Subpart C-Permits

670.11 Applications for permits. 670.12 General issuance criteria. 670.13 Permit administration. 670.14 Conditions of permits. 670.15 Modification, suspension, and revoca

tion. 670.16 (Reserved]

Subpart D-Native Mammals, Birds, Plants,

and Invertebrates

8 660.11 What are the Director's obliga

tions in interstate situations? (a) The Director is responsible for:

(1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas;

(2) Notifying appropriate officials and entities in states which have adopted a process and which select the Foundation's program or activity.

(3) Making efforts to identify and notify the affected state, areawide, regional, and local officials and entities in those states that have not adopted a process under the Order or do not select the Foundation's program or activity;

of (4) Responding pursuant to $ 660.10 of this part if the Director receives a recommendation from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with the Foundation have been delegated.

(b) The Director uses the procedures in § 660.10 if a state process provides a state process recommendation to the Foundation through a single point of contact.

670.17 Specific issuance criteria. 670.18 Content of permit applications. 670.19 Designation of native mammals. 670.20 Designation of native birds. 670.21 Designation of native plants. 670.22 [Reserved)

Subpart E-Specially Protected Species of

Mammals, Birds, and Plants

670.23 Specific issuance criteria. 670.24 Content of permit applications. 670.25 Designation of specially protected

species of native mammals, birds and

plants. 670.26 (Reserved]

Subpart F–Antarctic Specially Protected

Areas

§ 660.12 [Reserved]

$660.13 May the Director waive any

provision of these regulations? In an emergency, the Director may waive any provision of these regulations.

670.27 Specific issuance criteria. 670.28 Content of permit applications. 670.29 Designation of Antarctic specially

protected areas. 670.30 [Reserved]

Subpart G-Import Into and Export From

the United States

PART 670-CONSERVATION OF ANTARCTIC ANIMALS AND PLANTS

Subpart A-Introduction

670.31 Specific issuance criteria for imports. 670.32 Specific issuance criteria for exports. 670.33 Content of permit applications. 670.34 Entry and exit ports. 670.35 [Reserved]

Sec. 670.1 Purpose of regulations. 670.2 Scope. 670.3 Definitions.

Subpart H-Introduction of Non-Indigenous

Plants and Animals

Subpart B-Prohibited Acts, Exceptions 670.4 Prohibited acts. 670.5 Exception in extraordinary cir

cumstances. 670.6 Prior possession exception. 670.7 Food exception. 670.8 Foreign permit exception.

670.36 Specific issuance criteria.
670.37 Content of permit applications.
670.38 Conditions of permits.
670.39 [Reserved]

AUTHORITY: 16 U.S.C. 2405, as amended.

SOURCE: 63 FR 50164, Sept. 21, 1998, unless otherwise noted.

[blocks in formation]

8670.2 Scope.

The regulations in this part apply to:

(a) Taking mammals, birds, or plants native to Antarctica.

(b) Engaging in harmful interference of mammals, birds, invertebrates, or plants native to Antarctica.

(c) Entering or engaging in activities within Antarctic Specially Protected Areas.

(d) Receiving, acquiring, transporting, offering for sale, selling, purchasing, importing, exporting or having custody, control, or possession of any mammal, bird, or plant native to Antarctica that was taken in violation of the Act.

(e) Introducing into Antarctica any member of a non-native species.

(a) Flying or landing helicopters or other aircraft in a manner that disturbs concentrations of birds or seals;

(b) Using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of birds or seals;

(c) Using explosives or firearms in a manner that disturbs concentrations of birds or seals;

(d) Willfully disturbing breeding or molting birds or concentrations of birds or seals by persons on foot;

(e) Significantly damaging concentrations of native terrestrial plants by landing aircraft, driving vehicles, or walking on them, or by other means; and

(f) Any activity that results in the significant adverse modification of habitats of any species or population of native mammal, native bird, native plant, or native invertebrate.

Import means to land on, bring into, or introduce into, or attempt to land on, bring into or introduce into, any place subject to the jurisdiction of the United States, including the 12-mile territorial sea of the United States, whether or not such act constitutes an importation within the meaning of the customs laws of the United States.

Management plan means a plan to manage the activities and protect the special value or values in an Antarctic Specially Protected Area designated by the United States as such a site consistent with plans adopted by the Antarctic Treaty Consultative Parties.

Native bird means any member, at any stage of its life cycle, of any species of the class Aves which is indigenous to Antarctica or occurs there seasonally through natural migrations, that is designated in subpart D of this part. It includes any part, product, egg, or offspring of or the dead body or parts thereof excluding fossils.

Native invertebrate means any terrestrial or freshwater invertebrate, at any stage of its life cycle, which is indigenous to Antarctica. It includes any part thereof, but excludes fossils.

Native mammal means any member, at any stage of its life cycle, of any species of the class Mammalia, which is indigenous to Antarctica or occurs there seasonally through natural migrations, that is designated in subpart

$ 670.3 Definitions.

In this part:

Act means the Antarctic Conservation Act of 1978, Public Law 95–541 (16 U.S.C. 2401 et seq.) as amended by the Antarctic Science, Tourism, and Conservation Act of 1996, Public Law 104

227.

Antarctic Specially Protected Area means an area designated by the Antarctic Treaty Parties to protect outstanding environmental, scientific, historic, aesthetic, or wilderness values or to protect ongoing or planned scientific research, designated in subpart F of this part.

Antarctica means the area south of 60 degrees south latitude.

Director means the Director of the National Science Foundation, or an officer or employee of the Foundation designated by the Director.

Harmful interference means

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