Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software, 30898-30899 [2013-12288]

Download as PDF 30898 Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices BILLING CODE 5001–06–C Transmittal No. 13–08 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended (i) Prospective Purchaser: Qatar (ii) Total Estimated Value: Major Defense Equipment* .. Other ...................................... $ 45 million $ 65 million TOTAL ............................... $110 million (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: 2 AN/ AAQ–24(V) Large Aircraft Infrared Countermeasures (LAIRCM) Systems for B747–800 Aircraft, 11 Small Laser Transmitter Assemblies, 3 System Processors/Repeaters, 14 AN/AAR–54 Missile Warning Sensors, User Data Module Cards and Control Interface Units, Multi-role Electro-Optic End-toEnd test set, Card Memory, Smart Cards, and Support Equipment, Consumables, and Flight Test/Certification. Also included are tools and test equipment, support equipment, spare and repair parts, publications and technical documents, personnel training and training equipment, U.S. Government and contractor technical assistance, and other related elements of logistics and program support. (iv) Military Department: Air Force (QAF) (v) Prior Related Cases, if any: None (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex (viii) Date Report Delivered to Congress: 14 May 2013 * As defined in Section 47(6) of the Arms Export Control Act. POLICY JUSTIFICATION sroberts on DSK5SPTVN1PROD with NOTICES Qatar—AN/AAQ–24(V) Large Aircraft Infrared Countermeasures (LAIRCM) Systems The Government of Qatar has requested a possible sale of 2 AN/AAQ– 24(V) Large Aircraft Infrared Countermeasures (LAIRCM) Systems for B747–800 Aircraft, 11 Small Laser Transmitter Assemblies, 3 System Processors/Repeaters, 14 AN/AAR–54 Missile Warning Sensors, User Data Module Cards and Control Interface Units, Multi-role Electro-Optic End-toEnd test set, Card Memory, Smart Cards, and Support Equipment, Consumables, and Flight Test/Certification. Also included are tools and test equipment, support equipment, spare and repair parts, publications and technical VerDate Mar<15>2010 18:14 May 22, 2013 Jkt 229001 documents, personnel training and training equipment, U.S. Government and contractor technical assistance, and other related elements of logistics and program support. The estimated cost is $110 million. This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a friendly country which has been, and continues to be, an important force for political stability and economic progress in the Middle East. Qatar requests these capabilities to provide for the protection of its head-ofstate aircraft fleet. LAIRCM will provide increased protection from missile threats. The proposed purchase of LAIRCM will enhance the safety of Qatar’s political leadership, promoting stability and global engagement of a friendly country. The proposed sale of this equipment and support will not alter the basic military balance in the region. The prime contractor will be Northrop Grumman Corporation of Rolling Meadows, Illinois. There are no known offset agreements proposed in connection with this potential sale. Implementation of this proposed sale will require U.S. Government or contractor representatives to travel to Qatar for a period of 10 years to provide program and technical support and training. There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. Transmittal No. 13–08 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii (vii) Sensitivity of Technology: 1. The AN/AAQ–24(V) LAIRCM is a self-contained, directed energy countermeasures system designed to protect aircraft from infrared-guided surface-to-air missiles. The system features digital technology and microminiature solid-state electronics. The system operates in all conditions, detecting incoming missiles and jamming infrared-seeker equipped missiles with aimed bursts of laser energy. 2. LAIRCM system software, including Operational Flight Program and jam codes, is classified Secret. 3. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures or PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 equivalent systems which might reduce system effectiveness or be used in the development of a system with similar or advanced capabilities. [FR Doc. 2013–12337 Filed 5–22–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket Number DARS–2013–0013] 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. 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 July 31, 2013. DoD proposes that OMB extend its approval for use for 3 additional years beyond the current expiration date. DATES: DoD will consider all comments received by July 22, 2013. Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Email: dfars@osd.mil. Include OMB Control Number 0704–0369 in the subject line of the message. Fax: (571) 372–6094. Mail: Defense Acquisition Regulations System, Attn: Mr. Mark Gomersall, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. E:\FR\FM\23MYN1.SGM 23MYN1 Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices sroberts on DSK5SPTVN1PROD with NOTICES 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 (571) 372–6106. The information collection requirements addressed in this notice are available via the Internet at: http://www.acq.osd.mil/ dpap/dars/dfarspgi/current/index.html. Paper copies are available from Ms. Amy Williams, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. SUPPLEMENTARY INFORMATION: Title, Associated Form, 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 are complete and accurate and satisfy contract requirements. Affected Public: Businesses or other for-profit and not-for-profit institutions. Number of Respondents: 50,250. Responses Per Respondent: about 16.8. Annual Responses: 846,135. Average Burden Per Response: about 1.16 hours. Annual Response Burden Hours: 978,801 hours. Annual Recordkeeping Burden Hours: 75,000 hours. Total Annual Burden Hours: 1,053,801 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: VerDate Mar<15>2010 18:14 May 22, 2013 Jkt 229001 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. 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. Kortnee Stewart, Editor, Defense Acquisition Regulations System. [FR Doc. 2013–12288 Filed 5–22–13; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 30899 DEPARTMENT OF EDUCATION [Docket No.: ED–2013–ICCD–0069] Agency Information Collection Activities; Comment Request; NCES Cognitive, Pilot, and Field Test Studies System Institute of Education Sciences/ National Center for Education Statistics (IES), Department of Education (ED). ACTION: Notice. AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing an extension of an existing information collection. DATES: Interested persons are invited to submit comments on or before July 22, 2013. ADDRESSES: Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http:// www.regulations.gov by selecting Docket ID number ED–2013–ICCD–0069 or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 2E105, Washington, DC 20202–4537. FOR FURTHER INFORMATION CONTACT: Electronically mail ICDocketMgr@ed.gov. Please do not send comments here. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30898-30899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12288]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2013-0013]


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 July 31, 2013. DoD proposes that OMB extend its 
approval for use for 3 additional years beyond the current expiration 
date.

DATES: DoD will consider all comments received by July 22, 2013.
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: dfars@osd.mil. Include OMB Control Number 0704-0369 in the 
subject line of the message.
    Fax: (571) 372-6094.
    Mail: Defense Acquisition Regulations System, Attn: Mr. Mark 
Gomersall, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.

[[Page 30899]]

    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 (571) 372-6106. 
The information collection requirements addressed in this notice are 
available via the Internet at: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. Paper copies are available from Ms. Amy 
Williams, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.

SUPPLEMENTARY INFORMATION: Title, Associated Form, 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 are complete and 
accurate and satisfy contract requirements.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Number of Respondents: 50,250.
    Responses Per Respondent: about 16.8.
    Annual Responses: 846,135.
    Average Burden Per Response: about 1.16 hours.
    Annual Response Burden Hours: 978,801 hours.
    Annual Recordkeeping Burden Hours: 75,000 hours.
    Total Annual Burden Hours: 1,053,801 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.

Kortnee Stewart,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2013-12288 Filed 5-22-13; 8:45 am]
BILLING CODE 5001-06-P