Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software (OMB Control Number 0704-0369), 6185-6186 [2010-2702]

Download as PDF Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices You may submit comments, identified by docket number and title, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. WReier-Aviles on DSKGBLS3C1PROD with NOTICES ADDRESSES: FOR FURTHER INFORMATION CONTACT: To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Defense Manpower Data Center (DMDC) ATTN: Dr. Timothy Elig, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209–2593, or call at (703) 696–5858. Title, Associated Form, and OMB Control Number: Post-Election Surveys; OMB Control Number 0704–0125. Needs and Uses: The information collection requirement is necessary to meet a requirement of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA of 1986 [42 U.S.C. 1973ff]). UOCAVA requires a report to the President and Congress on the effectiveness of assistance under the Act, a statistical analysis of voter participation, and a description of StateFederal cooperation. Title of Survey: The 2010 PostElection Voting Survey of Overseas Citizens. Affected Public: Individuals or Households. Annual Burden Hours: 125,000. Number of Respondents: 250,000. Responses per Respondent: 1. Average Burden per Response: 30 minutes. Frequency: One Time. Title of Survey: The 2010 PostElection Voting Survey of Local Election Officials. Affected Public: State, Local or Tribal Government. Annual Burden Hours: 3,950 hours. Number of Respondents: 7,900. Responses per Respondent: 1. Average Burden per Response: 30 minutes. Frequency: One time. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 11:51 Feb 05, 2010 Jkt 220001 Summary of Information Collection UOCAVA requires the States to allow Uniformed Services personnel, their family members, and overseas citizens to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal offices. The Act covers members of the Uniformed Services and the merchant marine to include the commissioned corps of the National Oceanic and Atmospheric Administration and Public Health Service, and their eligible dependents. Federal civilian employees overseas, and overseas U.S. citizens not affiliated with the Federal Government. Federal Voting Assistance Program (FVAP) conducts the post-election survey on a statistically random basis to determine participation rates that are representative of all citizens covered by the Act, measure State-Federal cooperation, and evaluate the effectiveness of the overall absentee voting program. The information collected is used for overall program evaluation, management and improvement, and to compile the congressionally-mandated report to the President and Congress. Dated: February 1, 2010. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2010–2665 Filed 2–5–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software (OMB Control Number 0704–0369) 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, PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 6185 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, 2010. DoD proposes that OMB approve an extension of the information collection requirement, to expire three years after the approval date. DATES: DoD will consider all comments received by April 9, 2010. ADDRESSES: You may submit comments, identified by OMB Control Number 0704–0369, using any of the following methods: Æ Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Æ E-mail: dfars@acq.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), 3060 Defense Pentagon, Room 3B855, Washington, DC 20301–3060. 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 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: http:// www.acq.osd.mil/dpap/dars/dfars/ index.htm. Paper copies are available from Ms. Amy Williams, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, Washington, Room 3B855, DC 20301– 3060. SUPPLEMENTARY INFORMATION: 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 E:\FR\FM\08FEN1.SGM 08FEN1 6186 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 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 are complete and accurate and satisfy contract requirements. Affected Public: Businesses or other for-profit and not-for-profit institutions. Number of Respondents: 55,000. Responses per Respondent: about 9.6. Annual Responses: 526,630. Average Burden per Response: about 2.9 hours. Annual Response Burden Hours: 1,528,040 hours. Annual Recordkeeping Burden Hours: 97,000 hours. Total Annual Burden Hours: 1,625,040 hours. Frequency: On occasion. WReier-Aviles on DSKGBLS3C1PROD with NOTICES 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 VerDate Nov<24>2008 11:51 Feb 05, 2010 Jkt 220001 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. 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. Ynette R. Shelkin, Editor, Defense Acquisition Regulations System. [FR Doc. 2010–2702 Filed 2–5–10; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [OMB Control Number 0704–0286] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Part 205, Publicizing Contract Actions 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) PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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 requirement for use through October 31, 2010. DoD proposes that OMB extend its approval to expire three years after the approval date. DATES: DoD will consider all comments received by April 9, 2010. ADDRESSES: You may submit comments, identified by OMB Control Number 0704–0286, using any of the following methods: Æ Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Æ E-mail: dfars@acq.osd.mil. Include OMB Control Number 0704–0286 in the subject line of the message. Æ Fax: (703) 602–0350. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Meredith Murphy, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, Room 3B855, Washington, DC 20301–3060. o 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. Meredith Murphy, (703) 602–1302. The information collection requirements addressed in this notice are available electronically on the World Wide Web at: http://www.acq.osd.mil/dp/dars/ dfars.html. Paper copies are available from Ms. Meredith Murphy, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, Room 3B855, Washington, DC 20301–3060. SUPPLEMENTARY INFORMATION: Title and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS) Part 205, Publicizing Contract Actions, and the associated clause at DFARS 252.205– 7000, Provision of Information to Cooperative Agreement Holders; OMB Control Number 0704–0286. Needs and Uses: This information collection requires DoD contractors with E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Notices]
[Pages 6185-6186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2702]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement; Rights in Technical Data and Computer Software 
(OMB Control Number 0704-0369)

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, 2010. DoD proposes that OMB approve an 
extension of the information collection requirement, to expire three 
years after the approval date.

DATES: DoD will consider all comments received by April 9, 2010.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0369, using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] E-mail: dfars@acq.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), 3060 Defense Pentagon, Room 3B855, 
Washington, DC 20301-3060.
    [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: http://www.acq.osd.mil/dpap/dars/dfars/index.htm. Paper copies are available from Ms. Amy Williams, OUSD 
(AT&L) DPAP (DARS), 3060 Defense Pentagon, Washington, Room 3B855, DC 
20301-3060.

SUPPLEMENTARY INFORMATION: 
    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

[[Page 6186]]

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 are complete and 
accurate and satisfy contract requirements.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Number of Respondents: 55,000.
    Responses per Respondent: about 9.6.
    Annual Responses: 526,630.
    Average Burden per Response: about 2.9 hours.
    Annual Response Burden Hours: 1,528,040 hours.
    Annual Recordkeeping Burden Hours: 97,000 hours.
    Total Annual Burden Hours: 1,625,040 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.
    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.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2010-2702 Filed 2-5-10; 8:45 am]
BILLING CODE 5001-08-P