Notice2024-11524
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Domestic Manufacturing Waiver Request Form
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 24, 2024
Issuing agencies
Commerce DepartmentNational Institute of Standards and Technology
Full Text
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<title>Federal Register, Volume 89 Issue 102 (Friday, May 24, 2024)</title>
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[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45847-45848]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="http://www.reginfo.gov">www.reginfo.gov</a>. 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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
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
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</html>Indexed from Federal Register on May 24, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.