15150 Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Proposed Rules

Contractor’s obligations to the Government

with respect to such data. In the event of

refusal by a Subcontractor to accept a clause

affording the Government such rights, the

Contractor shall:

(i) Promptly submit written notice to the

Contracting Officer setting forth reasons or

the Subcontractor’s refusal and other

pertinent information which may expedite

disposition of the matter, and

(ii) Not proceed with the subcontract

without the written authorization of the

Contracting Officer.

(g) Rights in Limited Rights Data.

Except as may be otherwise specified in

this Contract as data which are not subject to

this paragraph, the Contractor agrees to and

does hereby grant to the Government an

irrevocable, nonexclusive, paid-up license by

or for the Government, in any limited rights

data of the Contractor specifically used in the

performance of this Contract, provided,

however, that to the extent that any limited

rights data when furnished or delivered is

specifically identified by the Contractor at

the time of initial delivery to the Government

or a representative of the Government, such

data shall not be used within or outside the

Government except as provided in the

‘‘Limited Rights Notice’’ set forth below. All

such limited rights data shall be marked with

the following ‘‘Limited Rights Notice’’:

Limited Rights Notice

These data contain ‘‘limited rights data,’’

furnished under Contract No. llll with

the United States Department of Energy

which may be duplicated and used by the

Government with the express limitations that

the ‘‘limited rights data’’ may not be

disclosed outside the Government or be used

for purposes of manufacture without prior

permission of the Contractor, except that

further disclosure or use may be made solely

for the following purposes:

(a) Use (except for manufacture) by support

services contractors within the scope of their

contracts;

(b) This ‘‘limited rights data’’ may be

disclosed for evaluation purposes under the

restriction that the ‘‘limited rights data’’ be

retained in confidence and not be further

disclosed;

(c) This ‘‘limited rights data’’ may be

disclosed to other Contractors participating

in the Government’s program of which this

Contract is a part for information or use

(except for manufacture) in connection with

the work performed under their contracts and

under the restriction that the ‘‘limited rights

data’’ be retained in confidence and not be

further disclosed; and

(d) This ‘‘limited rights data’’ may be used

by the Government or others on its behalf for

emergency repair or overhaul work under the

restriction that the ‘‘limited rights data’’ be

retained in confidence and not be further

disclosed. This Notice shall be marked on

any reproduction of this data in whole or in

part.

(e) Release to a foreign government, or

instrumentality thereof, as the interests of the

United States Government may require, for

information or evaluation, or for emergency

repair or overhaul work by such government.

(End of Notice)

(h) Rights in Restricted Computer Software.

(1) Except as may be otherwise specified in

this Contract as data which are not subject to

this paragraph, the Contractor agrees to and

does hereby grant to the Government an

irrevocable, nonexclusive, paid-up, license

by or for the Government, in any restricted

computer software of the Contractor

specifically used in the performance of this

Contract, provided, however, that to the

extent that any restricted computer software

when furnished or delivered is specifically

identified by the Contractor at the time of

initial delivery to the Government or a

representative of the Government, such data

shall not be used within or outside the

Government except as provided in the

‘‘Restricted Rights Notice’’ set forth below.

All such restricted computer software shall

be marked with the following ‘‘Restricted

Rights Notice’’:

Restricted Rights Notice-Long Form

(a) This computer software is submitted

with restricted rights under Government

Contract No. llll. It may not be used,

reproduced, or disclosed by the Government

except as provided in paragraph (b) of this

notice.

(b) This computer software may be:

(1) Used, or copied for use, in or with the

computer or computers for which it was

acquired, including use at any Government

installation to which such computer or

computers may be transferred;

(2) Used, copied for use, in a backup or

replacement computer if any computer for

which it was acquired is inoperative or is

replaced;

(3) Reproduced for safekeeping (archives)

or backup purposes;

(4) Modified, adapted, or combined with

other computer software, provided that only

the portions of the derivative software

consisting of the restricted computer software

are to be made subject to the same restricted

rights; and

(5) Disclosed to and reproduced for use by

contractors under a service contract (of the

type defined in FAR 37.101) in accordance

with subparagraphs (b)(1) through (4) of this

Notice, provided the Government makes such

disclosure or reproduction subject to these

restricted rights.

(c) Notwithstanding the foregoing, if this

computer software has been published under

copyright, it is licensed to the Government,

without disclosure prohibitions, with the

rights set forth in the restricted rights notice

above.

(d) This Notice shall be marked on any

reproduction of this computer software, in

whole or in part.

(End of Notice)

(2) Where it is impractical to include the

Restricted Rights Notice on restricted

computer software, the following short-form

Notice may be used in lieu thereof:

Restricted Rights Notice—Short Form

Use, reproduction, or disclosure is subject

to restrictions set forth in the Long Form

Notice of Contract No. llll with (name

of Contractor).

(End of Notice)

(3) If the software is embedded, or if it is

commercially impractical to mark it with

human readable text, then the symbol R and

the clause date (mo/yr) in brackets or a box,

a [R-mo/yr], may be used. This will be read

to mean restricted computer software, subject

to the rights of the Government as described

in the Long Form Notice, in effect as of the

date indicated next to the symbol. The

symbol shall not be used to mark human

readable material. In the event this Contract

contains any variation to the rights in the

Long Form Notice, then the contract number

must also be cited.

(4) If restricted rights computer software is

delivered with the copyright notice of 17

U.S.C. 401, the software will be presumed to

be published copyrighted computer software

licensed to the Government without

disclosure prohibitions, unlimited rights,

unless the Contractor includes the following

statement with such copyright notice

‘‘Unpublished-rights reserved under the

Copyright Laws of the United States.’’

(i) Relationship to patents.

Nothing contained in this clause creates or

is intended to imply a license to the

Government in any patent or is intended to

be construed as affecting the scope of any

licenses or other rights otherwise granted to

the Government under any patent.

(End of Clause)

Alternate I (XXX 1996): In accordance with

970.2706(f), insert the parenthetical phrase

‘‘(except Restricted Data in category C–24, 10

CFR part 725, in which DOE has reserved the

right to receive reasonable compensation for

the use of its inventions and discoveries,

including related data and technology)’’ after

‘‘technical data’’ in paragraph (b)(2)(ii) of the

clause at 970.5204–44, as appropriate.

(End of Alternate)

[FR Doc. 97–7327 Filed 3–28–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 395

[FHWA Docket No. MC–96–28]

RIN 2125–AD93

Hours of Service of Drivers

March 24, 1997.

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Advance notice of proposed

rulemaking (ANPRM); extension of

comment period.

SUMMARY: The FHWA is extending this

rulemaking’s comment period until June

30, 1997. This is in response to two

petitions received by the FHWA

requesting an extension of the comment

period closing date. The petitioners

based their requests upon the FHWA’s
Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Proposed Rules 15151

pending publication of the Driver

Fatigue and Alertness Study full report.

This ANPRM is mandated by the ICC

Termination Act of 1995.

DATES: Comments to the general

ANPRM should be received no later

than June 30, 1997. Late comments will

be considered to the extent practicable.

ADDRESSES: Signed, written comments

should refer to the docket number that

appears at the top of this document and

must be submitted to the Docket Clerk,

U.S. DOT Dockets, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001. All comments received

will be available for examination at the

above address between 10 a.m. and 5

p.m., e.t., Monday through Friday,

except Federal holidays. Those desiring

notification of receipt of comments must

include a self-addressed, stamped

envelope or postcard.

FOR FURTHER INFORMATION CONTACT: For

information regarding rulemaking and

operational issues: Mr. David Miller,

Office of Motor Carrier Research and

Standards, (202) 366–1790; for

information regarding human factors

and fatigue research programs: Ms.

Deborah Freund, Office of Motor Carrier

Research and Standards, (202) 366–

1790; and for information regarding

legal issues: Mr. Charles Medalen,

Office of the Chief Counsel, (202) 366–

0834, Federal Highway Administration,

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590.

SUPPLEMENTARY INFORMATION: On

November 5, 1996 (61 FR 57251), the

FHWA published an ANPRM requesting

answers to numerous questions related

to commercial motor vehicle driver

hours-of-service regulations, including

fatigue, loss of alertness, and hours off

duty. The ANPRM set March 31, 1997,

as the docket closing date for signed,

written comments.

On March 5, 1997, the Advocates for

Highway and Auto Safety (AHAS)

delivered a petition to the FHWA. This

petition requested the FHWA to extend

this rulemaking’s comment period

closing date by 60 days. The AHAS

believes it and the public should have

ample opportunity to review and

critique the Driver Fatigue and

Alertness Study’s full report. The full

report has not yet been published or

placed in the docket. A 59-page

technical summary and a 17-page

executive summary have been placed in

the docket.

On March 13, 1997, the Insurance

Institute for Highway Safety (IIHS)

petitioned the FHWA to extend this

rulemaking’s comment period closing

date by 60 days. The IIHS believes it

also should have ample opportunity to

review and critique the Driver Fatigue

and Alertness Study’s full report,

including its data.

At the time of the original publication

in November 1996 (61 FR 57251), the

FHWA believed the full report would be

published and available well in advance

of the comment closing date. The

FHWA, however, has experienced

unforeseen editorial delays in

publishing the full report. The FHWA

believes publication will now be

accomplished by the end of April 1997.

The FHWA believes it should allow the

public to review and critique the full

report of the Driver Fatigue and

Alertness Study.

The FHWA has also conducted

listening sessions, specifically listening

to drivers, about how the hours-ofservice regulations affect their daily

lives and their recommended changes to

improve the rules. See 62 FR 6161,

February 11, 1997. Many interested

persons have attended these sessions

and would like to review the transcripts

of these listening sessions. A few of the

transcripts will not be delivered to the

FHWA docket prior to March 31, 1997.

For the reasons above, the FHWA

finds good cause to extend this ANPRM

comment period closing date for 60 days

after the expected publication date of

the full report of the FHWA’s Driver

Fatigue and Alertness Study in late

April 1997.

List of Subjects in 49 CFR Part 395

Global positioning systems, Highway

safety, Highways and roads, Intelligent

Transportation Systems, Motor carriers,

Motor vehicle safety, Reporting and

recordkeeping requirements.

Issued on: March 26, 1997.

Authority: 23 U.S.C. 315 and 49 CFR 1.48.

Jane Garvey,

Acting Administrator, Federal Highway

Administration.

[FR Doc. 97–8198 Filed 3–27–97; 1:06 pm]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. 032097E]

Groundfish Fisheries of the Bering

Sea/Aleutian Islands Area and the Gulf

of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of intent; scoping

meetings; request for comments.

SUMMARY: NMFS announces its

intention to prepare a supplemental

environmental impact statement (SEIS)

on the Federal action by which total

allowable catch (TAC) specifications

and prohibited species catch limits in

the groundfish fisheries that are

conducted in the Bering Sea and

Aleutian Islands Area (BSAI) and the

Gulf of Alaska (GOA) are annually

established and apportioned.

NMFS will hold scoping meetings to

provide for public input into the range

of actions, alternatives, and impacts that

the SEIS should consider. In addition to

holding the scoping meetings, NMFS is

accepting written comments on the

range of actions, alternatives, and

impacts it should be considering for this

SEIS.

DATES: Written comments will be

accepted through July 1, 1997. See

SUPPLEMENTARY INFORMATION for meeting

times and special accommodations.

ADDRESSES: Written comments and

requests to be included on a mailing list

of persons interested in the SEIS should

be sent to Lori Gravel, Fisheries

Management Division, National Marine

Fisheries Service, P.O. Box 21668,

Juneau, AK 99802.

See SUPPLEMENTARY INFORMATION for

meeting locations and special

accommodations.

FOR FURTHER INFORMATION CONTACT:

Tamra Faris, (907) 586–7645.

SUPPLEMENTARY INFORMATION: Under the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act), the United

States has exclusive fishery

management authority over all living

marine resources, except for migratory

species, found within the exclusive

economic zone between 3 and 200

nautical miles from the baseline used to

measure the territorial sea.

The management of these marine

resources is vested in the Secretary of

Commerce (Secretary) and in eight

Regional Fishery Management Councils.

The North Pacific Fishery Management

Council (Council) has the responsibility

to prepare fishery management plans

(FMPs) for the marine resources, which

it finds require conservation and

management, in the Alaska region of

responsibility. The Council consists of

Federal and State officials having

authority for fishery management and of

private persons nominated by the

governors of the States of Alaska,