Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations 34077

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 25 and

52

Government procurement.

Dated: June 11, 1998.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 25 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 25 and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

PART 25—FOREIGN ACQUISITION

2. Section 25.701 is amended in

paragraph (a)(4) by removing ‘‘or’’; in

(a)(5) by removing the period and

inserting ‘‘; or’’ in its place; and by

adding (a)(6) to read as follows:

25.701 Restrictions.

(a) * * *

(6) Sudan (Executive Order 13067).

* * * * *

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

52.213–4 [Amended]

3. Section 52.213–4 is amended by

revising the date of the clause to read

‘‘(Aug 1998)’’; and in paragraph (a)(2)(i)

of the clause by removing ‘‘(Oct 1996)’’

and inserting ‘‘(Aug 1998)’’ in its place.

4. Section 52.225–11 is amended by

revising the date of the clause and

paragraph (a) to read as follows:

52.225–11 Restrictions on Certain Foreign

Purchases.

* * * * *

Restrictions on Certain Foreign Purchases

(Aug 1998)

(a) Unless advance written approval of the

Contracting Officer is obtained, the

Contractor shall not acquire, for use in the

performance of this contract, any supplies or

services originating from sources within, or

that were located in or transported from or

through, countries whose products are

banned from importation into the United

States by Executive order or regulations of

the Office of Foreign Assets Control,

Department of the Treasury. Those countries

include Cuba, Iran, Iraq, Libya, North Korea,

and Sudan.

* * * * *

[FR Doc. 98–16118 Filed 6–19–98; 8:45 am]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 27

[FAC 97–05; FAR Case 97–614; Item VIII]

RIN 9000–AI04

Federal Acquisition Regulation;

Software Copyrights

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule amending the

Federal Acquisition Regulation (FAR) to

clarify that computer software produced

under Government contracts may be

special works to which the Government

may obtain copyright. This regulatory

action was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993, and is not a major

rule under 5 U.S.C. 804.

EFFECTIVE DATE: August 21, 1998.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Mr. Jack

O’Neill, Procurement Analyst, at (202)

501–3856. Please cite FAC 97–05, FAR

case 97–614.

SUPPLEMENTARY INFORMATION:

A. Background

The definition of ‘‘data’’ to which the

FAR clause at 52.227–17, Rights in

Data—Special Works, applies includes

computer software. However, FAR

27.405, which provides guidance for use

of the clause, does not include computer

software among its examples of special

works. This final rule clarifies that the

Government may use the clause to

retain copyright to certain computer

software produced under Government

contracts, when appropriate.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. However,

comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and should cite 5

U.S.C. 601, et seq. (FAC 97–05, FAR

case 97–614), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 27

Government procurement.

Dated: June 11, 1998.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 27 is amended

as set forth below:

PART 27—PATENTS, DATA, AND

COPYRIGHTS

1. The authority citation for 48 CFR

Part 27 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

2. Section 27.405 is amended in

paragraph (a)(1)(vii) by removing ‘‘or’’ at

the end of (a)(1)(viii) by removing the

period and inserting ‘‘; or’’ in its place;

and adding paragraph (a)(1)(ix) to read

as follows:

27.405 Other data rights provisions.

(a) Production of special works. (1)

* * *

(ix) The development of computer

software programs, where the program—

(A) May give a commercial advantage;

or;

(B) Is agency mission sensitive, and

release could prejudice agency mission,

programs, or follow-on acquisitions.

* * * * *

[FR Doc. 98–16119 Filed 6–19–98; 8:45 am]

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