Submission for OMB Review; Rights in Data and Copyrights, 93687-93688 [2016-30701]

Download as PDF Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices 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 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. AGENCY: 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 asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:38 Dec 20, 2016 Jkt 241001 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 charles.gray@ gsa.gov. 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 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 93687 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. E:\FR\FM\21DEN1.SGM 21DEN1 93688 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices 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 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0135; Docket 2016– 0053; Sequence 40] Information Collection; Prospective Subcontractor Requests for Bonds 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. AGENCY: 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 concerning subcontractor requests for bonds. DATES: Submit comments on or before February 21, 2017. ADDRESSES: Submit comments identified by Information Collection 9000–0135 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number 9000–0135. Select the link ‘‘Comment Now’’ that corresponds with ‘‘Information Collection 9000–0135, Prospective Subcontractor Requests for Bond.’’ Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0135, asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:38 Dec 20, 2016 Jkt 241001 Prospective Subcontractor Requests for Bond’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405–0001. ATTN: Ms. Flowers/IC 9000–0135. Instructions: Please submit comments only and cite Information Collection 9000–0135, 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: Ms. Cecelia Davis, Procurement Analyst, Acquisition Policy Division, at 202– 219–0202 or email cecelia.davis@ gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose Part 28 of the Federal Acquisition Regulation (FAR) contains guidance related to insuring against damages under Federal contracts (e.g., bonds, bid guarantees, etc.). Part 52 contains the corresponding provisions and clauses. These collectively implement the statutory requirement for Federal contractors to report payment bonds under construction contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds. This information collection is mandated by Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Pub. L. 102–190), as amended by Section 2091 of the Federal Acquisition Streamlining Act of 1994 (Pub. L. 103–335). The clause at 52.228–12, Prospective Subcontractor Requests for Bonds, implements Section 806(a)(3) of Public Law 102–190, as amended, which states that, upon the request of a prospective subcontractor or supplier offering to furnish labor or material under a construction contract for which a payment bond has been furnished pursuant to 40 U.S.C. 31, the contractor shall promptly provide a copy of such payment bond to the requestor. Given that payment bonds, in conjunction with performance bonds, are used to secure the contractor’s obligations, thereby assuring that payments are made to subcontractors and vendors under the contract, the requester will use information on PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 payment bonds to determine whether to engage in business with that prime contractor. B. Annual Reporting Burden Number of Respondents: 4,444. Responses per Respondent: 2.5. Total Annual Responses: 11,110. Hours per Response: .34. Total Burden Hours: 3,777. Frequency: On occasion. Affected Public: Construction prime contractors. 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. 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 Number 9000–0135, Prospective Subcontractor Requests for Bonds, in all correspondence. Dated: December 16, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2016–30702 Filed 12–20–16; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0034; Docket 2016– 0053; Sequence 39] Submission for OMB Review; Examination of Records by Comptroller General and Contract Audit Department of Defense (DOD), General Services Administration (GSA), AGENCY: E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Notices]
[Pages 93687-93688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 charles.gray@gsa.gov.

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