81 FR 93687 - Submission for OMB Review; Rights in Data and Copyrights

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range		93687-93688
FR Document		2016-30701

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. A notice published in the Federal Register at 81 FR 58940 on August 26, 2016. No comments were received.

Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016)

[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Notices]
[Pages 93687-93688]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30701]



[[Page 93687]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0090; Docket 2016-0053; Sequence 38]


Submission for OMB Review; 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. A notice published in the 
Federal Register at 81 FR 58940 on August 26, 2016. No comments were 
received.

DATES: Submit comments on or before January 20, 2017.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Office of Information and Regulatory Affairs 
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, 
DC 20503. Additionally submit a copy to GSA 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 technological collection techniques or 
other forms of information technology.

[[Page 93688]]

    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: December 16, 2016.
Lorin S. Curit,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2016-30701 Filed 12-20-16; 8:45 am]
 BILLING CODE 6820-EP-P

93688 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices

Obtaining Copies of Proposals: Prospective Subcontractor Requests for payment bonds to determine whether to
Requesters may obtain a copy of the Bond’’ on your attached document. engage in business with that prime
information collection documents from • Mail: General Services contractor.
the General Services Administration, Administration, Regulatory Secretariat
B. Annual Reporting Burden
Regulatory Secretariat Division (MVCB), Division (MVCB), 1800 F Street NW.,
1800 F Street NW., Washington, DC Washington, DC 20405–0001. ATTN: Number of Respondents: 4,444.
20405, telephone 202–501–4755. Please Ms. Flowers/IC 9000–0135. Responses per Respondent: 2.5.
cite OMB Control No. 9000–0090, Rights Instructions: Please submit comments Total Annual Responses: 11,110.
in Data and Copyrights, in all only and cite Information Collection Hours per Response: .34.
correspondence. 9000–0135, in all correspondence Total Burden Hours: 3,777.
related to this collection. Comments Frequency: On occasion.
Dated: December 16, 2016. Affected Public: Construction prime
received generally will be posted
Lorin S. Curit, contractors.
without change to http://
Director, Federal Acquisition Policy Division, www.regulations.gov, including any
Office of Governmentwide Acquisition Policy, C. Public Comments
Office of Acquisition Policy, Office of
personal and/or business confidential
information provided. To confirm Public comments are particularly
Governmentwide Policy. invited on: Whether this collection of
[FR Doc. 2016–30701 Filed 12–20–16; 8:45 am]
receipt of your comment(s), please
check www.regulations.gov, information is necessary for the proper
BILLING CODE 6820–EP–P
approximately two to three days after performance of functions of the FAR,
submission to verify posting (except and whether it will have practical
allow 30 days for posting of comments utility; whether our estimate of the
DEPARTMENT OF DEFENSE public burden of this collection of
submitted by mail).
information is accurate, and based on
GENERAL SERVICES FOR FURTHER INFORMATION CONTACT: Ms.
valid assumptions and methodology;
ADMINISTRATION Cecelia Davis, Procurement Analyst, ways to enhance the quality, utility, and
Acquisition Policy Division, at 202– clarity of the information to be
NATIONAL AERONAUTICS AND 219–0202 or email cecelia.davis@ collected; and ways in which we can
SPACE ADMINISTRATION gsa.gov. minimize the burden of the collection of
[OMB Control No. 9000–0135; Docket 2016– SUPPLEMENTARY INFORMATION: information on those who are to
0053; Sequence 40]
A. Purpose respond, through the use of appropriate
technological collection techniques or
Information Collection; Prospective Part 28 of the Federal Acquisition other forms of information technology.
Subcontractor Requests for Bonds Regulation (FAR) contains guidance Obtaining Copies of Proposals:
related to insuring against damages Requesters may obtain a copy of the
AGENCY: Department of Defense (DOD), under Federal contracts (e.g., bonds, bid
General Services Administration (GSA), information collection documents from
guarantees, etc.). Part 52 contains the the General Services Administration,
and National Aeronautics and Space corresponding provisions and clauses.
Administration (NASA). Regulatory Secretariat Division (MVCB),
These collectively implement the 1800 F Street NW., Washington, DC
ACTION: Notice of request for public statutory requirement for Federal 20405, telephone 202–501–4755. Please
comments regarding an extension to an contractors to report payment bonds cite OMB Control Number 9000–0135,
existing OMB clearance. under construction contracts subject to Prospective Subcontractor Requests for
40 U.S.C. chapter 31, subchapter III, Bonds, in all correspondence.
SUMMARY: Under the provisions of the
Bonds.
Paperwork Reduction Act, the This information collection is
Dated: December 16, 2016.
Regulatory Secretariat Division will be mandated by Section 806 of the Lorin S. Curit,
submitting to the Office of Management National Defense Authorization Act for Director, Federal Acquisition Policy Division,
and Budget (OMB) a request to review Fiscal Years 1992 and 1993 (Pub. L. Office of Government-wide Acquisition
and approve an extension of a 102–190), as amended by Section 2091
Policy, Office of Acquisition Policy, Office
previously approved information of Government-wide Policy.
of the Federal Acquisition Streamlining
collection concerning subcontractor Act of 1994 (Pub. L. 103–335). The
[FR Doc. 2016–30702 Filed 12–20–16; 8:45 am]
requests for bonds. clause at 52.228–12, Prospective BILLING CODE 6820–EP–P
DATES: Submit comments on or before Subcontractor Requests for Bonds,
February 21, 2017. implements Section 806(a)(3) of Public
DEPARTMENT OF DEFENSE
ADDRESSES: Submit comments Law 102–190, as amended, which states
identified by Information Collection that, upon the request of a prospective GENERAL SERVICES
9000–0135 by any of the following subcontractor or supplier offering to ADMINISTRATION
methods: furnish labor or material under a
• Regulations.gov: http:// construction contract for which a NATIONAL AERONAUTICS AND
www.regulations.gov. Submit comments payment bond has been furnished SPACE ADMINISTRATION
via the Federal eRulemaking portal by pursuant to 40 U.S.C. 31, the contractor
searching the OMB control number shall promptly provide a copy of such [OMB Control No. 9000–0034; Docket 2016–
asabaliauskas on DSK3SPTVN1PROD with NOTICES

9000–0135. Select the link ‘‘Comment 0053; Sequence 39]
payment bond to the requestor.
Now’’ that corresponds with Given that payment bonds, in Submission for OMB Review;
‘‘Information Collection 9000–0135, conjunction with performance bonds, Examination of Records by
Prospective Subcontractor Requests for are used to secure the contractor’s Comptroller General and Contract
Bond.’’ Follow the instructions obligations, thereby assuring that Audit
provided on the screen. Please include payments are made to subcontractors
your name, company name (if any), and and vendors under the contract, the AGENCY: Department of Defense (DOD),
‘‘Information Collection 9000–0135, requester will use information on General Services Administration (GSA),

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Document Created: 2018-02-14 09:11:54
Document Modified: 2018-02-14 09:11:54

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 January 20, 2017.
Contact		Mr. Charles Gray, Procurement Analyst, at 703-795-6328 or email [email protected]
FR Citation		81 FR 93687

81 FR 93687 - Submission for OMB Review; Rights in Data and Copyrights

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 245 (December 21, 2016)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION