81 FR 58940 - Information Collection; Rights in Data and Copyrights
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 166 (August 26, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 166 (August 26, 2016)
| Page Range | 58940-58941 | |
| FR Document | 2016-20443 |
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)] [Notices] [Pages 58940-58941] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20443] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0090; Docket 2016-0053; Sequence 38] Information Collection; Rights in Data and Copyrights AGENCY: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. ----------------------------------------------------------------------- SUMMARY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning rights in data and copyrights. DATES: Submit comments on or before October 25, 2016. ADDRESSES: Submit comments identified by Information Collection 9000- 0090 by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ``Information Collection 9000-0090'' under the heading ``Enter Keyword or ID'' and selecting ``Search''. Select the link ``Submit a Comment'' that corresponds with ``Information Collection 9000-0090''. Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``Information Collection 9000-0090'' on your attached document. Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000-0090. Instructions: Please submit comments only and cite Information Collection 9000-0090, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst, at 703-795-6328 or email [email protected]. SUPPLEMENTARY INFORMATION: A. Purpose Subpart 27.4, Rights in Data and Copyrights is a regulation which concerns the rights of the Government and contractors with whom the Government contracts, regarding the use, reproduction, and disclosure of information developed under such contracts. The delineation of such rights is necessary in order to protect the contractor's rights to not disclose proprietary data, and to insure that data developed with public funds is available to the public. The information collection burdens and recordkeeping requirements included in this regulation fall into the following four categories: (a) A provision which is to be included in solicitations where the offeror would identify any proprietary data it would use during contract performance, in order that the contracting officer might ascertain if such proprietary data should be delivered. (b) Contract provisions which, in unusual circumstances, would be included in a contract and require a contractor to deliver proprietary data to the Government for use in evaluating work results, or is software to be used in a Government computer. These situations would arise only when the very nature of the contractor's work is comprised of limited rights data or restricted computer software and if the Government would need to see that data in order to determine the extent of the work. (c) A technical data certification for major systems, which requires the contractor to certify that the data delivered under the contract is complete, accurate and compliant with the requirements of the contract. As this provision is for major systems only, and few civilian agencies have such major systems, only about 30 contracts should require this certification. (d) The Additional Data Requirements clause, which is to be included in all contracts for experimental, developmental, research, or demonstration work (other than basic or applied research to be performed solely by a university or college where the contract amount will be $500,000 or less). The clause requires that the contractor keep all data first produced in the performance of the contract for a period of three years from the final acceptance of all items delivered under the contract. Much of this data will be in the form of deliverables provided to the Government under the contract (final report, drawings, specifications, etc.). Some data, however, will be in the form of computations, preliminary data, records of experiments, etc., and these will be the data that will be required to be kept over and above the deliverables. The purpose of such recordkeeping requirements is to insure that the Government can fully evaluate the research in order to ascertain future activities and to insure that the research was completed and fully reported, as well as to give the public an opportunity to assess the research results and secure any additional information. All data covered by this clause is unlimited rights data paid for by the Government. Paragraph (d) of the Rights in Data--General clause (52.227.14) outlines a procedure whereby a contracting officer can challenge restrictive markings on data delivered. Under civilian agency contracts, limited rights data or restricted computer software is rarely, if ever, delivered to the Government. Therefore, there may rarely be any challenges. Thus, there is no burden on the public. B. Annual Reporting Burden Respondents: 944. Responses per Respondent: 2.43. Annual Responses: 2294. Hours per Response: 1.0. Total Burden Hours: 2294. C. Public Comments Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate [[Page 58941]] technological collection techniques or other forms of information technology. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-0090, Rights in Data and Copyrights, in all correspondence. Dated: August 22, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2016-20443 Filed 8-25-16; 8:45 am] BILLING CODE 6820-EP-P
![58940 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices
thereby acquire shares of Merchants & related to this collection. Comments (d) The Additional Data Requirements
Planters Bank, all in Newport, Arkansas. received generally will be posted clause, which is to be included in all
Board of Governors of the Federal Reserve without change to http:// contracts for experimental,
System, August 23, 2016. www.regulations.gov, including any developmental, research, or
Michele T. Fennell, personal and/or business confidential demonstration work (other than basic or
Assistant Secretary of the Board.
information provided. To confirm applied research to be performed solely
receipt of your comment(s), please by a university or college where the
[FR Doc. 2016–20532 Filed 8–25–16; 8:45 am]
check www.regulations.gov, contract amount will be $500,000 or
BILLING CODE 6210–01–P
approximately two to three days after less). The clause requires that the
submission to verify posting (except contractor keep all data first produced
allow 30 days for posting of comments in the performance of the contract for a
DEPARTMENT OF DEFENSE submitted by mail). period of three years from the final
FOR FURTHER INFORMATION CONTACT: Mr. acceptance of all items delivered under
GENERAL SERVICES
Charles Gray, Procurement Analyst, at the contract. Much of this data will be
ADMINISTRATION
703–795–6328 or email charles.gray@ in the form of deliverables provided to
gsa.gov. the Government under the contract
NATIONAL AERONAUTICS AND
(final report, drawings, specifications,
SPACE ADMINISTRATION SUPPLEMENTARY INFORMATION:
etc.). Some data, however, will be in the
[OMB Control No. 9000–0090; Docket 2016– A. Purpose form of computations, preliminary data,
0053; Sequence 38] records of experiments, etc., and these
Subpart 27.4, Rights in Data and
Copyrights is a regulation which will be the data that will be required to
Information Collection; Rights in Data be kept over and above the deliverables.
and Copyrights concerns the rights of the Government
and contractors with whom the The purpose of such recordkeeping
AGENCY: Department of Defense (DOD), Government contracts, regarding the requirements is to insure that the
General Services Administration (GSA), use, reproduction, and disclosure of Government can fully evaluate the
and National Aeronautics and Space information developed under such research in order to ascertain future
Administration (NASA). contracts. The delineation of such rights activities and to insure that the research
ACTION: Notice of request for public is necessary in order to protect the was completed and fully reported, as
comments regarding an extension to an contractor’s rights to not disclose well as to give the public an opportunity
existing OMB clearance. proprietary data, and to insure that data to assess the research results and secure
developed with public funds is any additional information. All data
SUMMARY: Under the provisions of the available to the public. covered by this clause is unlimited
Paperwork Reduction Act, the The information collection burdens rights data paid for by the Government.
Regulatory Secretariat Division will be and recordkeeping requirements Paragraph (d) of the Rights in Data—
submitting to the Office of Management included in this regulation fall into the General clause (52.227.14) outlines a
and Budget (OMB) a request to review following four categories: procedure whereby a contracting officer
and approve an extension of a (a) A provision which is to be can challenge restrictive markings on
previously approved information included in solicitations where the data delivered. Under civilian agency
collection requirement concerning offeror would identify any proprietary contracts, limited rights data or
rights in data and copyrights. data it would use during contract restricted computer software is rarely, if
DATES: Submit comments on or before performance, in order that the ever, delivered to the Government.
October 25, 2016. contracting officer might ascertain if Therefore, there may rarely be any
ADDRESSES: Submit comments such proprietary data should be challenges. Thus, there is no burden on
identified by Information Collection delivered. the public.
9000–0090 by any of the following (b) Contract provisions which, in B. Annual Reporting Burden
methods: unusual circumstances, would be
• Regulations.gov: http:// included in a contract and require a Respondents: 944.
www.regulations.gov. Submit comments contractor to deliver proprietary data to Responses per Respondent: 2.43.
via the Federal eRulemaking portal by the Government for use in evaluating Annual Responses: 2294.
inputting ‘‘Information Collection 9000– work results, or is software to be used Hours per Response: 1.0.
0090’’ under the heading ‘‘Enter in a Government computer. These Total Burden Hours: 2294.
Keyword or ID’’ and selecting ‘‘Search’’. situations would arise only when the
C. Public Comments
Select the link ‘‘Submit a Comment’’ very nature of the contractor’s work is
that corresponds with ‘‘Information comprised of limited rights data or Public comments are particularly
Collection 9000–0090’’. Follow the restricted computer software and if the invited on: Whether this collection of
instructions provided at the ‘‘Submit a Government would need to see that data information is necessary for the proper
Comment’’ screen. Please include your in order to determine the extent of the performance of functions of the FAR,
name, company name (if any), and work. and whether it will have practical
‘‘Information Collection 9000–0090’’ on (c) A technical data certification for utility; whether our estimate of the
your attached document. major systems, which requires the public burden of this collection of
• Mail: General Services contractor to certify that the data information is accurate, and based on
mstockstill on DSK3G9T082PROD with NOTICES
Administration, Regulatory Secretariat delivered under the contract is valid assumptions and methodology;
Division (MVCB), 1800 F Street NW., complete, accurate and compliant with ways to enhance the quality, utility, and
Washington, DC 20405. ATTN: Ms. the requirements of the contract. As this clarity of the information to be
Flowers/IC 9000–0090. provision is for major systems only, and collected; and ways in which we can
Instructions: Please submit comments few civilian agencies have such major minimize the burden of the collection of
only and cite Information Collection systems, only about 30 contracts should information on those who are to
9000–0090, in all correspondence require this certification. respond, through the use of appropriate
VerDate Sep<11>2014 21:17 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/81_FR_59106/page/1.svg)
![Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices 58941
technological collection techniques or solely responsible for ensuring that your www.regulations.gov. Submit both
other forms of information technology. comment does not include any copies to the Division of Dockets
Obtaining Copies of Proposals: confidential information that you or a Management. If you do not wish your
Requesters may obtain a copy of the third party may not wish to be posted, name and contact information to be
information collection documents from such as medical information, your or made publicly available, you can
the General Services Administration, anyone else’s Social Security number, or provide this information on the cover
Regulatory Secretariat Division (MVCB), confidential business information, such sheet and not in the body of your
1800 F Street NW., Washington, DC as a manufacturing process. Please note comments and you must identify this
20405, telephone 202–501–4755. Please that if you include your name, contact information as ‘‘confidential.’’ Any
cite OMB Control No. 9000–0090, Rights information, or other information that information marked as ‘‘confidential’’
in Data and Copyrights, in all identifies you in the body of your will not be disclosed except in
correspondence. comments, that information will be accordance with 21 CFR 10.20 and other
Dated: August 22, 2016.
posted on http://www.regulations.gov. applicable disclosure law. For more
• If you want to submit a comment information about FDA’s posting of
Lorin S. Curit,
with confidential information that you comments to public dockets, see 80 FR
Director, Federal Acquisition Policy Division, do not wish to be made available to the 56469, September 18, 2015, or access
Office of Governmentwide Acquisition Policy, public, submit the comment as a
Office of Acquisition Policy, Office of
the information at: http://www.fda.gov/
Governmentwide Policy.
written/paper submission and in the regulatoryinformation/dockets/
manner detailed (see ‘‘Written/Paper default.htm.
[FR Doc. 2016–20443 Filed 8–25–16; 8:45 am]
Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to
BILLING CODE 6820–EP–P
read background documents or the
Written/Paper Submissions
electronic and written/paper comments
Submit written/paper submissions as received, go to http://
DEPARTMENT OF HEALTH AND follows: www.regulations.gov and insert the
HUMAN SERVICES • Mail/Hand delivery/Courier (for docket number, found in brackets in the
written/paper submissions): Division of heading of this document, into the
Food and Drug Administration Dockets Management (HFA–305), Food ‘‘Search’’ box and follow the prompts
[Docket No. FDA–2009–D–0408] and Drug Administration, 5630 Fishers and/or go to the Division of Dockets
Lane, Rm. 1061, Rockville, MD 20852. Management, 5630 Fishers Lane, Rm.
Microbiology Data for Systemic • For written/paper comments 1061, Rockville, MD 20852.
Antibacterial Drugs—Development, submitted to the Division of Dockets Submit written requests for single
Analysis, and Presentation; Guidance Management, FDA will post your copies of this guidance to the Division
for Industry; Availability comment, as well as any attachments, of Drug Information, Center for Drug
except for information submitted, Evaluation and Research, Food and
AGENCY: Food and Drug Administration, marked and identified, as confidential, Drug Administration, 10001 New
HHS. if submitted as detailed in Hampshire Ave., Hillandale Building,
ACTION: Notice of availability. ‘‘Instructions.’’ 4th Floor, Silver Spring, MD 20993–
Instructions: All submissions received 0002. Send one self-addressed adhesive
SUMMARY: The Food and Drug must include the Docket No. FDA– label to assist that office in processing
Administration (FDA or Agency) is 2009–D–0408 for ‘‘Microbiology Data for your requests. See the SUPPLEMENTARY
announcing the availability of a Systemic Antibacterial Drugs— INFORMATION section for electronic
guidance for industry entitled Development, Analysis, and access to the guidance document.
‘‘Microbiology Data for Systemic Presentation; Guidance for Industry; FOR FURTHER INFORMATION CONTACT:
Antibacterial Drugs—Development, Availability.’’ Received comments will
Analysis, and Presentation.’’ The Joseph G. Toerner, Center for Drug
be placed in the docket and, except for Evaluation and Research, Food and
purpose of this guidance is to assist those submitted as ‘‘Confidential
sponsors in the development, analysis, Drug Administration, 10903 New
Submissions,’’ publicly viewable at Hampshire Ave, Bldg. 22, Rm. 6244,
and presentation of microbiology data http://www.regulations.gov or at the Silver Spring, MD 20993–0002, 301–
during antibacterial drug development. Division of Dockets Management 796–1400.
This guidance finalizes the draft between 9 a.m. and 4 p.m., Monday
guidance of the same name issued on SUPPLEMENTARY INFORMATION:
through Friday.
September 17, 2009. • Confidential Submissions—To I. Background
DATES: Submit either electronic or submit a comment with confidential FDA is announcing the availability of
written comments on Agency guidances information that you do not wish to be a guidance for industry entitled
at any time. made publicly available, submit your ‘‘Microbiology Data for Systemic
ADDRESSES: You may submit comments comments only as a written/paper Antibacterial Drugs—Development,
as follows: submission. You should submit two Analysis, and Presentation.’’ The
copies total. One copy will include the purpose of this guidance is to assist
Electronic Submissions information you claim to be confidential sponsors in the development, analysis,
Submit electronic comments in the with a heading or cover note that states and presentation of microbiology data
following way: ‘‘THIS DOCUMENT CONTAINS during antibacterial drug development.
• Federal eRulemaking Portal: http:// CONFIDENTIAL INFORMATION.’’ The
mstockstill on DSK3G9T082PROD with NOTICES
Microbiology data provide important
www.regulations.gov. Follow the Agency will review this copy, including information to guide clinical
instructions for submitting comments. the claimed confidential information, in development of antibacterial drugs and
Comments submitted electronically, its consideration of comments. The guide clinicians on the use of an
including attachments, to http:// second copy, which will have the antibacterial drug for its intended
www.regulations.gov will be posted to claimed confidential information indication.
the docket unchanged. Because your redacted/blacked out, will be available This guidance finalizes the draft
comment will be made public, you are for public viewing and posted on http:// guidance issued on September 17, 2009
VerDate Sep<11>2014 21:17 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/81_FR_59106/page/2.svg)
Document Created: 2016-08-26 10:40:40
Document Modified: 2016-08-26 10:40:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of request for public comments regarding an extension to an existing OMB clearance. | |
| Dates | Submit comments on or before October 25, 2016. | |
| Contact | Mr. Charles Gray, Procurement Analyst, at 703-795-6328 or email [email protected] | |
| FR Citation | 81 FR 58940 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR