[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45847-45848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11524]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Domestic Manufacturing Waiver Request Form

    The Department of Commerce will submit the following information 
collection request to the Office of Management and Budget (OMB) for 
review and clearance in accordance with the Paperwork Reduction Act of 
1995, on or after the date of publication of this notice. We invite the 
general public and other Federal agencies to comment on proposed, and 
continuing information collections, which helps us assess the impact of 
our information collection requirements and minimize the public's 
reporting burden. Public

[[Page 45848]]

comments were previously requested via the Federal Register on December 
7, 2023 during a 60-day comment period. This notice allows for an 
additional 30 days for public comments.
    Agency: National Institute of Standards and Technology (NIST), 
Commerce.
    Title: Domestic Manufacturing Waiver Form.
    OMB Control Number: 0693-XXXX.
    Form Number(s): None.
    Type of Request: Regular, new collection.
    Number of Respondents: 10.
    Average Hours per Response: 13 hours.
    Needs and Uses: The Bayh-Dole Act (35 U.S.C. 18) and its 
implementing regulations (37 CFR 401) require that Contractors (as 
defined in the statute and regulations) shall not grant ``the exclusive 
right to use or sell any subject invention in the United States unless 
such person agrees that any products embodying the subject invention or 
produced through the use of the subject invention will be manufactured 
substantially in the United States.'' However, the law allows an agency 
to waive this requirement if a Contractor has shown that ``reasonable 
but unsuccessful efforts have been made to grant licenses on similar 
terms to potential licensees that would be likely to manufacture 
substantially in the United States or that under the circumstances 
domestic manufacturing is not commercially feasible.''
    Pursuant to Executive Order 14104, NIST was directed to consult 
with the Interagency Working Group for Bayh-Dole to create a set of 
common questions to be used by all agencies as an application to apply 
for waivers of the domestic manufacturing requirement under the Bayh-
Dole Act.
    This information will be used by agencies to determine whether the 
statutory criteria for a waiver have been met and to understand the 
circumstances surrounding the request. The questions allow the 
Contractor to show the agency what actions they took to attempt to 
grant licenses to other parties likely to manufacture in the United 
States and what actions they or their licensee may have taken to 
attempt to locate manufacturers within the United States. It also 
allows the agency to ascertain the circumstances surrounding 
manufacture, including cost, capacity, and other burdens, which may 
make domestic manufacturing not commercially feasible. The questions 
allow the agency to understand the location and the circumstances 
surrounding where the Contractor proposes that manufacturing be done 
and whether any sort of domestic manufacturing is anticipated. These 
and other information collected through these questions will aid 
agencies when they weigh whether to grant requests to waive the 
domestic manufacturing requirement.
    Affected Public: Business or other for-profit organizations; Not-
for-profit institutions.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain benefits.
    Legal Authority: The Bayh-Dole Act (35 U.S.C. 18) and its 
implementing regulations (37 CFR 401).
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view the Department of 
Commerce collections currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be submitted within 30 days of the publication of 
this notice on the following website www.reginfo.gov/public/do/PRAMain. 
Find this particular information collection by selecting ``Currently 
under 30-day Review--Open for Public Comments'' or by using the search 
function and entering the title of the collection.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2024-11524 Filed 5-23-24; 8:45 am]
BILLING CODE 3510-13-P