[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]



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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.

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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.

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    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