3722 Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Notices

Affected Public: Individuals or

Households; Business or Other ForProfit.

Frequency: On occasion.

Respondent’s Obligation: Voluntary.

OMB Desk Officer: Mr. Edward C.

Springer.

Written comments and

recommendations on the proposed

information collection should be sent to

Mr. Springer at the Office of

Management and Budget, Desk Officer

for DoD, Room 10236, New Executive

Office Building, Washington, DC 20503.

DOD Clearance Officer: Mr. Robert

Cushing.

Written requests for copies of the

information collection proposal should

be sent to Mr. Cushing, WHS/DIOR,

1215 Jefferson Davis Highway, Suite

1204, Arlington, VA 22202–4302.

Dated: January 21, 1998.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 98–1738 Filed 1–23–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[OMB Control No. 9000–0090]

Submission for OMB Review;

Comment Request Entitled Rights in

Data and Copyrights

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Notice of request for an

extension to an existing OMB clearance

(9000–0090).

SUMMARY: Under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the Federal

Acquisition Regulation (FAR)

Secretariat has submitted to the Office

of Management and Budget (OMB) a

request to review and approve an

extension of a currently approved

information collection requirement

concerning Rights in Data and

Copyrights. A request for public

comments was published at 62 FR

62001, November 20, 1997. No

comments were received.

DATES: Comments may be submitted on

or before February 25, 1998.

FOR FURTHER INFORMATION CONTACT: Jack

O’Neill, Federal Acquisition Policy

Division, GSA (202) 501–3856.

ADDRESSES: Comments regarding this

burden estimate or any other aspect of

this collection of information, including

suggestions for reducing this burden,

should be submitted to: FAR Desk

Officer, OMB, Room 10102, NEOB,

Washington, DC 20503, and a copy to

the General Services Administration,

FAR Secretariat, 1800 F Street, NW,

Room 4037, Washington, DC 20405.

Please cite OMB Control No. 9000–0090,

Rights in Data and Copyrights, in all

correspondence.

SUPPLEMENTARY INFORMATION:

A. Purpose

Rights in Data is a regulation which

concerns the rights of the Government,

and organizations with which the

Government contracts, to 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

proposer would identify any proprietary

data he 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 evaluation of

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 will

involve 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 the 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 DataGeneral clause 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 will rarely be any

challenges. Thus, there is no burden on

the public.

B. Annual Reporting Burden

The annual reporting burden is

estimated as follows: Respondents,

1,100; responses per respondent, 1; total

annual responses, 1,100; preparation

hours per response, 2.7; and total

response burden hours, 29,970.

C. Annual Recordkeeping Burden

The annual recordkeeping burden is

estimated as follows: Recordkeepers,

9,000; hours per recordkeeper, 3; and

total recordkeeping burden hours,

27,000.

Obtaining Copies of Proposals:

Requester may obtain a copy of the

justification from the General Services

Administration, FAR Secretariat (VRS),

Room 4037, 1800 F Street, Washington,

DC 20405, telephone (202) 501–4755.

Please cite OMB Control No. 9000–0090,

Rights in Data and Copyrights, in all

correspondence.

Dated: January 21, 1998.

Sharon A. Kiser,

FAR Secretariat.

[FR Doc. 98–1781 Filed 1–23–98; 8:45 am]

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