Federal Acquisition Regulation; Information Collection; Rights in Data and Copyrights, 28687-28688 [07-2524]

Download as PDF Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices Trading Commission, 1155 21st Street NW., Washington, DC 20581. FOR FURTHER INFORMATION CONTACT: Riva Adriance, (202) 418–5495; FAX (202) 418–5527; e-mail: rshiltz@cftc.gov. SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor, ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 350(c)(2)(A) of the PRA, 44 Section 3506(c)(2)(A), requires Federal Agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the CFTC is publishing notice of the proposed collection of information listed below. With respect to the following collection of information, the CFTC invites comments on: • Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use; • The accuracy of the Commission’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Ways to enhance the quality of, usefulness, and clarity of the information to be collected; and • Ways to minimize the burden of collection of information on those who are to respond, including through the use of appropriate electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses. jlentini on PROD1PC65 with NOTICES Establishing Procedures To Implement the Notification Requirements for Entities Operating as Exempt Markets OMB Control No. 3038–0054— Extension with sections 2(h)(5)(B) of the Act. An exempt commercial markets consistent with section 2(h)(5)(B) of the Act. An exempt commercial market may provide the Commission with access to transactions conducted on the facility or it can satisfy its reporting requirements by complying with the Commissions’s reporting requirements. The Act affirmatively vests the Commission’s reporting requirements. The Act affirmatively vests the Commission with comprehensive antimanipulation enforcement authority over these trading facilities. The Commission is charged with monitoring these markets for manipulation and enforcing the antimanipuation provisions of the Act. The informational requirements imposed by proposed rules are designed to ensure that the Commission can effectively perform these functions. Section 5d of the Act establishes a category of market exempt from Commission oversight referred to as an ‘‘exempt board of trade.’’ Rule 36.2 implements regulations that define those commodities that are eligible to trade on an exempt board of trade. Rule 36.2(b) implements the notification requirements of section 5d of the Act. Rule 36.2(b)(1) requires exempt boards of trade relying on this exemption to disclose to traders that the facility and trading on the facility is not regulated by the Commission. This requirement is necessary to make manifest the nature of the market and to avoid misleading the public. The Commission estimates the burden of this collection of information as follows: Estimated Annual Reporting Burden Number of Respondents: 20. Total Annual Responses: 20. Total Annual Hours: 200. Dated: May 16, 2007. Eileen A. Donovan, Acting Secretary of the Commission. [FR Doc. 07–2527 Filed 5–21–07; 8:45 am] BILLING CODE 6351–01–M Sections 2(h)(3) through (5) of the Commodity Exchange Act (Act) add exempt commercial markets as markets excluded from the Act’s other requirements. The rules implement the qualifying conditions of the exemption. Rule 36.3(a) implements the notification requirements, and rule 36.3(b)(1) establishes information requirements for exempt commercial markets consistent VerDate Aug<31>2005 18:21 May 21, 2007 Jkt 211001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 28687 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0090] Federal Acquisition Regulation; Information Collection; Rights in Data and Copyrights Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for a revision to an existing OMB clearance. AGENCIES: SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a currently approved information collection requirement concerning rights in data and copyrights. A request for public comments was published in the Federal Register at 72 FR 10178, on March 7, 2007. No comments were received. This OMB clearance expires on June 30, 2007. 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. DATES: Submit comments on or before June 21, 2007. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, FAR Secretariat (VIR), 1800 F Street, NW, Room 4035, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: Ernest Woodson, Contract Policy Division, GSA (202) 501–3775. SUPPLEMENTARY INFORMATION: E:\FR\FM\22MYN1.SGM 22MYN1 28688 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices jlentini on PROD1PC65 with NOTICES A. Purpose Rights in data regulations concern the rights of the Government, and organizations with which the Government contracts, to 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 the regulations fall into the following four categories: (a) A provision which is to be included in solicitations where the offeror would identify any proprietary data he/she 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 evaluation of 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 will involve 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 the 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 VerDate Aug<31>2005 18:21 May 21, 2007 Jkt 211001 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. The Rights in Data–General clause (FAR 52.227–14(d)), 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 will rarely be any challenges. Thus, there is no burden on the public. B. Annual Reporting Burden Respondents: 1,100. Responses Per Respondent: 1. Annual Responses: 1,100. Hours Per Response: .95. Total Burden Hours: 1,045. C. Annual Recordkeeping Burden The annual recordkeeping burden is estimated as follows: Recordkeepers: 1,100. Hours Per Recordkeeper: 2. Total Recordkeeping Burden Hours: 2,200. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, FAR Secretariat (VIR), Room 4035, 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: May 14, 2007. Al Matera, Acting Director,Contract Policy Division. [FR Doc. 07–2524 Filed 5–21–07; 8:45 am] BILLING CODE 6820–EP–S PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Substitutions for Military or Federal Specifications and Standards (OMB Control Number 0704–0398) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Notice and request for comments regarding a proposed extension of an approved information collection requirement. AGENCY: SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through September 30, 2007. This proposal also includes 1,124 burden hours related to alternate preservation, packaging, and packing, presently approved under OMB Control Number 0704–0187 for use through February 28, 2009. DoD proposes that OMB extend its approval for these collections for 3 additional years. DATES: DoD will consider all comments received by July 23, 2007. ADDRESSES: You may submit comments, identified by OMB Control Number 0704–0398, using any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include OMB Control Number 0704–0398 in the subject line of the message. • Fax: (703) 602–7887. • Mail: Defense Acquisition Regulations System, Attn: Ms. Amy E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Notices]
[Pages 28687-28688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2524]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0090]


Federal Acquisition Regulation; Information Collection; Rights in 
Data and Copyrights

AGENCIES:  Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION:  Notice of request for a revision to an existing OMB clearance.

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SUMMARY:  Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) 
Secretariat has submitted to the Office of Management and Budget (OMB) 
a request to review and approve a revision of a currently approved 
information collection requirement concerning rights in data and 
copyrights. A request for public comments was published in the Federal 
Register at 72 FR 10178, on March 7, 2007. No comments were received. 
This OMB clearance expires on June 30, 2007.
    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.

DATES:  Submit comments on or before June 21, 2007.

ADDRESSES:  Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: FAR Desk Officer, OMB, Room 10102, NEOB, 
Washington, DC 20503, and a copy to the General Services 
Administration, FAR Secretariat (VIR), 1800 F Street, NW, Room 4035, 
Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:  Ernest Woodson, Contract Policy 
Division, GSA (202) 501-3775.

SUPPLEMENTARY INFORMATION:

[[Page 28688]]

A. Purpose

    Rights in data regulations concern the rights of the Government, 
and organizations with which the Government contracts, to 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 the regulations fall into the 
following four categories:
    (a) A provision which is to be included in solicitations where the 
offeror would identify any proprietary data he/she 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 evaluation of 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 will 
involve 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 the 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.
    The Rights in Data-General clause (FAR 52.227-14(d)), 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 will rarely be any 
challenges. Thus, there is no burden on the public.

B. Annual Reporting Burden

    Respondents: 1,100.
    Responses Per Respondent: 1.
    Annual Responses: 1,100.
    Hours Per Response: .95.
    Total Burden Hours: 1,045.

C. Annual Recordkeeping Burden

    The annual recordkeeping burden is estimated as follows:
    Recordkeepers: 1,100.
    Hours Per Recordkeeper: 2.
    Total Recordkeeping Burden Hours: 2,200.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, FAR Secretariat (VIR), Room 4035, 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: May 14, 2007.
Al Matera,
Acting Director, Contract Policy Division.
[FR Doc. 07-2524 Filed 5-21-07; 8:45 am]
BILLING CODE 6820-EP-S