[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31664-31665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14546]



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DEPARTMENT OF DEFENSE
48 CFR Part 52

[FAC 90-39; FAR Case 93-305; Item XXXI]
RIN 9000-AF54


Federal Acquisition Regulation; Small Business Innovation 
Research Rights in Data

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule adopted as final.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to convert the interim rule 
published at 59 FR 11386, March 10, 1994, to a final rule without 
change. The rule amends the Federal Acquisition Regulation (FAR) to 
implement Section 15(f) of the revised SBIR Program Policy Directive 
published by the Small Business Administration in the Federal Register 
on January 26, 1993 (58 FR 6144). The revision to the clause, Rights in 
Data--SBIR Program, increases the small business concern's data rights 
retention period from 2 to 4 years. 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: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-39, FAR case 93-305.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule implements Section 15(f) of the revised SBIR Program 
Policy Directive published by the SBA in the Federal Register on 
January 26, 1993 (58 FR 6144). Section 15(f) implements Section 
103(f)(4) of Public Law 102-564, ``Small Business Research and 
Development Enhancement Act of 1992,'' which increases the small 
business concern's data rights retention period from 2 to 4 years.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule merely amends 
the FAR to conform to the requirements of the Small Business Innovation 
Research Program Policy Directive published by the Small Business 
Administration. No comments were received on the impact of this rule on 
small entities during the public comment period.

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,

[[Page 31665]]

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 52

    Government procurement.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR Part 52, which was 
published at 59 FR 11386, March 10, 1994 (FAC 90-20, Item XIX), is 
adopted as a final rule without change.
    The authority citation for 48 CFR Part 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).

    Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-14546 Filed 6-19-96; 8:45 am]
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