Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software, 58591-58592 [E6-16420]
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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
Education, Department of Academic
Affairs, U.S. Army War College, 122
Forbes Avenue, ATTN: DAA, Carlisle,
PA 17013 or telephone (717) 245–3907.
SUPPLEMENTARY INFORMATION: This
meeting is open to the public. Any
interested person may attend, appear
before, make a presentation, or file
statements with the Committee after
receiving advance approval for
participation.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 06–8475 Filed 10–3–06; 8:45 am]
BILLING CODE 3710–08–M
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[OMB Control Number 0704–0369]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement; Rights in
Technical Data and Computer Software
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), DoD announces the
proposed extension of a public
information collection requirement and
seeks public comment on the provisions
thereof. DoD invites comments on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of DoD,
including whether the information will
have practical utility; (b) the accuracy of
the estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
The Office of Management and Budget
(OMB) has approved this information
collection for use through February 28,
2007. DoD proposes that OMB extend its
approval for use for 3 additional years.
DATES: DoD will consider all comments
received by December 4, 2006.
ADDRESSES: You may submit comments,
identified by OMB Control Number
VerDate Aug<31>2005
14:45 Oct 03, 2006
Jkt 211001
0704–0369, using any of the following
methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
OMB Control Number 0704–0369 in the
subject line of the message.
Æ Fax: (703) 602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
Williams, OUSD(AT&L)DPAP(DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Æ Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, at (703) 602–0328. The
information collection requirements
addressed in this notice are available on
the World Wide Web at: https://
www.acq.osd.mil/dpap/dars/dfars/
index.htm. Paper copies are available
from Ms. Amy Williams, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062.
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS) Subpart 227.71,
Rights in Technical Data, and Subpart
227.72, Rights in Computer Software
and Computer Software Documentation,
and related provisions and clauses of
the Defense Federal Acquisition
Regulation Supplement (DFARS); OMB
Control Number 0704–0369.
Needs and Uses: DFARS Subparts
227.71 and 227.72 prescribe the use of
solicitation provisions and contract
clauses containing information
collection requirements that are
associated with rights in technical data
and computer software. DoD needs this
information to implement 10 U.S.C.
2320, Rights in technical data, and 10
U.S.C. 2321, Validation of proprietary
data restrictions. DoD uses the
information to recognize and protect
contractor rights in technical data and
computer software that are associated
with privately funded developments;
and to ensure that technical data
delivered under a contract is complete
and accurate and satisfies contract
requirements.
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Number of Respondents: 54,925.
Responses Per Respondent: 9.6.
Annual Responses: 526,797.
Average Burden per Response: 2.9
hours.
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58591
Annual Response Burden Hours:
1,535,894 hours.
Annual Recordkeeping Burden Hours:
97,375 hours.
Total Annual Burden Hours:
1,633,269 hours.
Frequency: On occasion.
Summary of Information Collection
DoD uses the following DFARS
provisions and clauses in solicitations
and contracts to require offerors and
contractors to identify and mark data or
software requiring protection from
unauthorized release or disclosure in
accordance with 10 U.S.C. 2320:
252.227–7013, Rights in Technical
Data-Noncommercial Items.
252.227–7014, Rights in
Noncommercial Computer Software and
Noncommercial Computer Software
Documentation.
252.227–7017, Identification and
Assertion of Use, Release, or Disclosure
Restrictions.
252.227–7018, Rights in
Noncommercial Technical Data and
Computer Software—Small Business
Innovation Research (SBIR) Program.
In accordance with 10 U.S.C.
2320(a)(2)(D), DoD may disclose limited
rights data to persons outside the
Government, or allow those persons to
use limited rights data, if the recipient
agrees not to further release, disclose, or
use the data. Therefore, the clause at
DFARS 252.227–7013, Rights in
Technical Data—Noncommercial Items,
requires the contractor to identify and
mark data or software that it provides
with limited rights.
In accordance with 10 U.S.C. 2321(b),
contractors and subcontractors at any
tier must be prepared to furnish written
justification for any asserted restriction
on the Government’s rights to use or
release data. The following DFARS
clauses require contractors and
subcontractors to maintain adequate
records and procedures to justify any
asserted restrictions:
252.227–7019, Validation of Asserted
Restrictions—Computer Software.
252.227–7037, Validation of
Restrictive Markings on Technical Data.
In accordance with 10 U.S.C. 2320,
DoD must protect the rights of
contractors that have developed items,
components, or processes at private
expense. Therefore, the clause at DFARS
252.227–7025, Limitations on the Use or
Disclosure of Government—Furnished
Information Marked with Restrictive
Legends, requires a contractor or
subcontractor to submit a use and nondisclosure agreement when it obtains
data from the Government to which the
Government has only limited rights.
E:\FR\FM\04OCN1.SGM
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58592
Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Notices
The provision at DFARS 252.227–
7028, Technical Data or Computer
Software Previously Delivered to the
Government, requires an offeror to
identify any technical data or computer
software that it previously delivered, or
will deliver, under any Government
contract. DoD needs this information to
avoid paying for rights in technical data
or computer software that the
Government already owns.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
[FR Doc. E6–16420 Filed 10–3–06; 8:45 am]
BILLING CODE 6820–08–P
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Notice of Intent To Prepare a
Supplemental Environmental Impact
Statement on Rock Mining in Wetlands
in the Lake Belt Region of Miami-Dade
County, FL
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of intent.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: The U.S. Army corps of
Engineers (Corps) Jacksonville District
intends to prepare a Supplemental
Environmental Impact Statement (SEIS)
to evaluate potential impacts of further
rock mining within wetlands in western
Miami-date county, FL. The original
EIS, The Rock Mining-Freshwater
Lakebelt Plan Programmatic
Environmental Impact Statement, issued
in May 2000 focused on the potential
impacts of a 50-year mining plan within
the Lake Belt area. After evaluating the
EIS, the Corps issued a Record of
Decision and permits that allowed
mining within a smaller, 10-year plan in
April 2002. The Corps decision was
challenged in United States District
Court and the Court’s Order on Motions
for Summary Judgement was issued on
March 22, 2006 as part of Case No. 03–
23427–CIV–HOEVELER, United States
District Court Southern District of
Florida. The decision instructed the
Corps to engage in additional analyses
of rock mining in the Lake Belt region.
Accordingly, the Corps is preparing this
SEIS.
DATES: The Corps plans to hold a public
scoping meeting on October 19, 2006 at
7 p.m. EST.
ADDRESSES: The meeting will be held at
the Miami Dade Fire Rescue
Headquarters, 9300 NW 41st Street,
Doral, FL 33178. (786) 331–5000.
VerDate Aug<31>2005
14:45 Oct 03, 2006
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Ms.
Leah Oberlin, (561) 472–3506.
SUPPLEMENTARY INFORMATION: a. Project
background and Authorization. The
Corps examined the potential impacts of
rock mining activities with a 50-year life
under the Miami-Dade County Lakebelt
Plan (Lakebelt Plan), as accepted by the
Florida Legislature in Section 373.4149,
Florida Statutes (F.S.). The Corps
participated in the committee of agency
and industry representatives created in
1992 by the Florida Legislature,
prepared an EIS, and participated in a
technical review and advisory group
formed by the Working Group for the
Restoration of the South Florida
Ecosystem. While the original EIS
reviewed a 50-year plan for rock mining,
the Corps issued Department of the
Army (DA) authorization to ten rock
mining companies on April 11, 2002
authorizing 10 year of mining activities
over a 5,712 acre area. Mining under the
10-year permits has been underway for
four years.
b. Need or Purpose. The purpose of
the proposed action is to continue to
provide high-quality construction grade
limestone to the construction industry
in Florida. The Corps recognizes that
there is a public and private need for
this product. The purpose of the
proposed SEIS is to evaluate the
environmental effects of alternatives to
meet these requirements while
protecting the aquatic environment.
c. Prior EAs, EISs. In May 2000, the
Corps produced a Final Programmatic
EIS for rock mining in the Lake Belt
Region considering a 50-year mining
plan. This SEIS will update and
supplement that EIS and will also
evaluate alternatives for present and
possible future mining operations.
d. Alternatives. An evaluation of
alternatives, including a ‘‘No Action’’
alternative and rock mining in other
areas both inside and outside of MiamiDade County and/or Florida will be
done. The SEIS will analyze reasonable
alternatives to obtaining construction
grade limestone and other limestone
products to meet the identified purpose
and need. Alternatives will be
determined through scoping, but are
expected to vary according to location,
timing, and breadth of mining, in
addition to a ‘‘no action’’ alternative.
e. Issues. In addition to updating and
supplementing the information from the
2000 EIS, the following issues have been
identified for analysis in the SEIS. This
list is preliminary and is intended to
facilitate public comment on the scope
of the SEIS. The SEIS will consider the
effects on Federally listed threatened
and endangered species, essential fish
FOR FURTHER INFORMATION CONTACT:
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habitats, health and safety,
conservation, economics, aesthetics,
general environmental concerns,
wetlands (and other aquatic resources),
historic properties, fish and wildlife
values, flood hazards, floodplain values,
land use, navigation, shoreline erosion
and accretion, recreation, water supply
and conservation, water quality, energy
needs, safety, food and fiber production,
mineral needs, considerations and
property ownership, and, in general, the
needs and welfare of the people, and
other issues identified through scoping,
public involvement, and interagency
coordination. At the present time, our
primary environmental focus will be on
endangered species (including but not
limited to possible effects on the wood
stock and the Eastern indigo snake), the
loss of wetland functions and value,
mitigation (including but not limited to
the available of land for acquisition in
Pennsucco and other mitigation
options), drinking water well field
protection (including but not limited to
possible contaminants including
benzene, cryptosporidum, and giardia),
groundwater seepage to the east
(including but not limited to possible
impacts to resources of Everglades
National Park), and surface water
quality.
We expect to better define the issues
of concern and define the methods that
will be used to evaluate those issues
through the scoping process.
f. Scoping Process. CEQ regulations
(40 CFR 1501.7) require an early and
open process for determining the scope
of an EIS and for identifying significant
issues related to the proposed action.
The public will be involved in the
scoping and evaluation process through
advertisements, notices, and other
means. At a minimum, all parties who
have expressed interest in the Lake Belt
Rock Mining Permits will be given the
opportunity to participate in this
process. Federal, state and local
agencies, and other interested groups
will also be involved. Meetings to
address discrete issues or parts or
functions of the study area may be
called. All parties are invited to
participate in the scoping process by
identifying any additional concerns on
issues, studies needed, alternatives,
procedures, and other matters related to
the scope of the SEIS.
A public scoping meeting is
scheduled for (see DATES and
ADDRESSES). The Corps will provide
additional notification of the meeting
time and location through newspaper
advertisements and other means.
Following a short presentation on the
planned SEIS, verbal and written
comments on the scope of the SEIS will
E:\FR\FM\04OCN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Notices]
[Pages 58591-58592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16420]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[OMB Control Number 0704-0369]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement; Rights in Technical Data and Computer Software
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice and request for comments regarding a proposed extension
of an approved information collection requirement.
-----------------------------------------------------------------------
SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the
proposed extension of a public information collection requirement and
seeks public comment on the provisions thereof. DoD invites comments
on: (a) Whether the proposed collection of information is necessary for
the proper performance of the functions of DoD, including whether the
information will have practical utility; (b) the accuracy of the
estimate of the burden of the proposed information collection; (c) ways
to enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the information
collection on respondents, including the use of automated collection
techniques or other forms of information technology. The Office of
Management and Budget (OMB) has approved this information collection
for use through February 28, 2007. DoD proposes that OMB extend its
approval for use for 3 additional years.
DATES: DoD will consider all comments received by December 4, 2006.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0369, using any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: dfars@osd.mil. Include OMB Control Number 0704-0369
in the subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy
Williams, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, at (703) 602-0328.
The information collection requirements addressed in this notice are
available on the World Wide Web at: https://www.acq.osd.mil/dpap/dars/
dfars/index.htm. Paper copies are available from Ms. Amy Williams, OUSD
(AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC
20301-3062.
Title and OMB Number: Defense Federal Acquisition Regulation
Supplement (DFARS) Subpart 227.71, Rights in Technical Data, and
Subpart 227.72, Rights in Computer Software and Computer Software
Documentation, and related provisions and clauses of the Defense
Federal Acquisition Regulation Supplement (DFARS); OMB Control Number
0704-0369.
Needs and Uses: DFARS Subparts 227.71 and 227.72 prescribe the use
of solicitation provisions and contract clauses containing information
collection requirements that are associated with rights in technical
data and computer software. DoD needs this information to implement 10
U.S.C. 2320, Rights in technical data, and 10 U.S.C. 2321, Validation
of proprietary data restrictions. DoD uses the information to recognize
and protect contractor rights in technical data and computer software
that are associated with privately funded developments; and to ensure
that technical data delivered under a contract is complete and accurate
and satisfies contract requirements.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Number of Respondents: 54,925.
Responses Per Respondent: 9.6.
Annual Responses: 526,797.
Average Burden per Response: 2.9 hours.
Annual Response Burden Hours: 1,535,894 hours.
Annual Recordkeeping Burden Hours: 97,375 hours.
Total Annual Burden Hours: 1,633,269 hours.
Frequency: On occasion.
Summary of Information Collection
DoD uses the following DFARS provisions and clauses in
solicitations and contracts to require offerors and contractors to
identify and mark data or software requiring protection from
unauthorized release or disclosure in accordance with 10 U.S.C. 2320:
252.227-7013, Rights in Technical Data-Noncommercial Items.
252.227-7014, Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation.
252.227-7017, Identification and Assertion of Use, Release, or
Disclosure Restrictions.
252.227-7018, Rights in Noncommercial Technical Data and Computer
Software--Small Business Innovation Research (SBIR) Program.
In accordance with 10 U.S.C. 2320(a)(2)(D), DoD may disclose
limited rights data to persons outside the Government, or allow those
persons to use limited rights data, if the recipient agrees not to
further release, disclose, or use the data. Therefore, the clause at
DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items,
requires the contractor to identify and mark data or software that it
provides with limited rights.
In accordance with 10 U.S.C. 2321(b), contractors and
subcontractors at any tier must be prepared to furnish written
justification for any asserted restriction on the Government's rights
to use or release data. The following DFARS clauses require contractors
and subcontractors to maintain adequate records and procedures to
justify any asserted restrictions:
252.227-7019, Validation of Asserted Restrictions--Computer
Software.
252.227-7037, Validation of Restrictive Markings on Technical Data.
In accordance with 10 U.S.C. 2320, DoD must protect the rights of
contractors that have developed items, components, or processes at
private expense. Therefore, the clause at DFARS 252.227-7025,
Limitations on the Use or Disclosure of Government--Furnished
Information Marked with Restrictive Legends, requires a contractor or
subcontractor to submit a use and non-disclosure agreement when it
obtains data from the Government to which the Government has only
limited rights.
[[Page 58592]]
The provision at DFARS 252.227-7028, Technical Data or Computer
Software Previously Delivered to the Government, requires an offeror to
identify any technical data or computer software that it previously
delivered, or will deliver, under any Government contract. DoD needs
this information to avoid paying for rights in technical data or
computer software that the Government already owns.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. E6-16420 Filed 10-3-06; 8:45 am]
BILLING CODE 6820-08-P
