Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software (OMB Control Number 0704-0369), 45739-45740 [2019-18823]

Download as PDF Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices Annual Responses: 48. Average Burden per Response: .5 hour. Annual Burden Hours: 24. Reporting Frequency: On Occasion OMB Desk Officer: Ms. Jasmeet Seehra. Comments and recommendations on the proposed information collection should be sent to Ms. Jasmeet Seehra, DoD Desk Officer, at Oira_submission@ omb.eop.gov. Please identify the proposed information collection by DoD Desk Officer and the Docket ID number and title of the information collection You may also submit comments, identified by docket number and title, by the following method: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. DoD Clearance Officer: Ms. Angela James. Written requests for copies of the information collection proposal should be sent to Ms. James at whs.mcalex.esd.mbx.dd-dod-informationcollections@mail.mil. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. [FR Doc. 2019–18824 Filed 8–29–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket Number DARS–2019–0057] Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software (OMB Control Number 0704–0369) 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: In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: 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; the accuracy of the estimate of the burden of the proposed information jspears on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:43 Aug 29, 2019 Jkt 247001 collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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 under Control Number 0704–0369 through October 31, 2019. 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 October 29, 2019. 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 Email: osd.dfars@mail.mil. Include OMB Control Number 0704–0369 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Jennifer Johnson, OUSD (A&S) DPC/DARS, Rm. 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, at 571–372–6100. 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 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 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 45739 and accurate and satisfy contract requirements. Affected Public: Businesses or other for-profit and not-for-profit institutions. Respondent’s Obligation: Required to obtain or retain benefits. Reporting Frequency: On occasion. Type of Request: Extension. Number of Respondents: 75,250. Responses per Respondent: 13, approximately. Annual Responses: 959,602. Average Burden per Response: 1 hour, approximately. Annual Response Burden Hours: 904,574. Annual Recordkeeping Burden Hours: 90,600. Total Annual Burden Hours: 995,174. 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 use, 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 data with use, release, or disclosure restrictions, 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 E:\FR\FM\30AUN1.SGM 30AUN1 45740 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices contractors that have developed items, components, or processes exclusively at private expense. Therefore, the clause at DFARS 252.227–7025, Limitations on the Use or Disclosure of GovernmentFurnished 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 less than unlimited rights. In addition, DFARS 227.7103–7, Use and non-disclosure agreement, requires intended recipients of technical data or computer software delivered to the Government with restrictions on use, modification, reproduction, release, performance, display, or disclosure, to sign the use and non-disclosure agreement at 227.7103–7(c) prior to release or disclosure of the data, unless the recipient is a Government contractor that requires access to a third parties data or software for the performance of a Government contract that contains the clause at 252.227–7025, Limitations on Use or Disclosure of GovernmentFurnished Information Marked with Restrictive Legends. According to 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 use, release, or disclose the data. 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. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. [FR Doc. 2019–18823 Filed 8–29–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary jspears on DSK3GMQ082PROD with NOTICES [Docket ID DOD–2019–OS–0034] Submission for OMB Review; Comment Request Office of the Under Secretary of Defense for Personnel and Readiness, DoD. ACTION: 30-Day information collection notice. AGENCY: VerDate Sep<11>2014 16:43 Aug 29, 2019 Jkt 247001 The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. DATES: Consideration will be given to all comments received by September 30, 2019. ADDRESSES: Comments and recommendations on the proposed information collection should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at oira_submission@ omb.eop.gov. Please identify the proposed information collection by DoD Desk Officer, Docket ID number, and title of the information collection. FOR FURTHER INFORMATION CONTACT: Angela James, 571–372–7574, or whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB Number: Department of Defense Education Activity (DoDEA) School Registration and Sure Start Registration; DoDEA Form 600; OMB Control Number 0704–0495. Type of Request: Revision. Number of Respondents: 72,950. Responses per Respondent: 1. Annual Responses: 72,950. Average Burden per Response: 22.5 minutes. Annual Burden Hours: 36,237.5. Needs and Uses: This information collection requirement is necessary to obtain information on Department of Defense military and civilian sponsors and their dependents. The information gathered on the sponsors is used to determine their dependents’ enrollment eligibility to attend the Department of Defense Education Activity (DoDEA) schools. This includes determination of enrollment categories, whether tuitionfree or tuition-paying, space-required or space-available. Information gathered for students is used for age verification, class and transportation schedules, record attendance, absence and withdrawal, record and monitor student progress, grades, course and grade credits, educational services and placement, activities, student awards, special interest and accomplishments. Affected Public: Individuals or households. Frequency: As required. Respondent’s Obligation: Voluntary. OMB Desk Officer: Ms. Jasmeet Seehra. You may also submit comments and recommendations, identified by Docket ID number and title, by the following method: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. SUMMARY: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Instructions: All submissions received must include the agency name, Docket ID 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. DOD Clearance Officer: Ms. Angela James. Requests for copies of the information collection proposal should be sent to Ms. James at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil. Dated: August 26, 2019. Morgan E. Park, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2019–18767 Filed 8–29–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD–2019–OS–0104] Proposed Collection; Comment Request The Office of the Under Secretary of Defense for Research and Engineering, DoD. AGENCY: ACTION: Information collection notice. In compliance with the Paperwork Reduction Act of 1995, and as part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the Defense Technical Information Center announces a proposed generic information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. SUMMARY: Consideration will be given to all comments received by October 29, 2019. DATES: E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45739-45740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18823]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2019-0057]


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 the Paperwork Reduction Act of 1995, DoD 
announces the proposed extension of a public information collection 
requirement and seeks public comment on the provisions thereof. DoD 
invites comments on: 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; the accuracy of 
the estimate of the burden of the proposed information collection; ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and 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 under Control Number 0704-0369 through October 31, 2019. 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 October 29, 2019.

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] Email: [email protected]. Include OMB Control Number 0704-
0369 in the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Jennifer Johnson, OUSD (A&S) DPC/DARS, Rm. 3B941, 3060 Defense 
Pentagon, Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, at 571-372-6100.

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 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.
    Respondent's Obligation: Required to obtain or retain benefits.
    Reporting Frequency: On occasion.
    Type of Request: Extension.
    Number of Respondents: 75,250.
    Responses per Respondent: 13, approximately.
    Annual Responses: 959,602.
    Average Burden per Response: 1 hour, approximately.
    Annual Response Burden Hours: 904,574.
    Annual Recordkeeping Burden Hours: 90,600.
    Total Annual Burden Hours: 995,174.

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 use, 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 data with use, release, or disclosure restrictions, 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

[[Page 45740]]

contractors that have developed items, components, or processes 
exclusively 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 less than 
unlimited rights. In addition, DFARS 227.7103-7, Use and non-disclosure 
agreement, requires intended recipients of technical data or computer 
software delivered to the Government with restrictions on use, 
modification, reproduction, release, performance, display, or 
disclosure, to sign the use and non-disclosure agreement at 227.7103-
7(c) prior to release or disclosure of the data, unless the recipient 
is a Government contractor that requires access to a third parties data 
or software for the performance of a Government contract that contains 
the clause at 252.227-7025, Limitations on Use or Disclosure of 
Government-Furnished Information Marked with Restrictive Legends. 
According to 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 use, 
release, or disclose the data.
    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.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2019-18823 Filed 8-29-19; 8:45 am]
 BILLING CODE 5001-06-P