80 FR 27938 - Proposed Collection; Comment Request
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 80, Issue 94 (May 15, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 94 (May 15, 2015)
| Page Range | 27938-27939 | |
| FR Document | 2015-11671 |
[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)] [Notices] [Pages 27938-27939] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11671] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2015-OS-0048] Proposed Collection; Comment Request AGENCY: Defense Security Service (DSS), DoD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the Defense Security Service (DSS) announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) 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; (b) the accuracy of the agency's 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 through the use of automated collection techniques or other forms of information technology. DATES: Consideration will be given to all comments received by July 14, 2015. ADDRESSES: 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: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301- 9010. 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. Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title. 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 Security Service, ATTN: Mr. Robert C. Morton, OCIO, Russell-Knox Building, 27130 Telegraph Road, Quantico, VA 22134-2253, or call Defense Security Service, (571) 305-6442. SUPPLEMENTARY INFORMATION: Title; Associated Form; and OMB Number: ``Department of Defense Security Agreement,'' ``Appendage to Department of Defense Security Agreement,'' ``Certificate Pertaining to Foreign Interests;'' DD Forms, 441, 441-1 and SF 328; OMB No. 0704-0194. Needs and Uses: Executive Order (EO) 12829 as amended, ``National Industrial Security Program (NISP),'' stipulates that the Secretary of Defense shall serve as the Executive Agent for inspecting and monitoring the contractors, licensees, and grantees who require or will require access, to or who store or will store classified information; and for determining the eligibility for access to classified information of contractors, licensees, and grantees and their respective employees. The specific requirements necessary to protect classified information released to private industry are set forth in Department of Defense (DoD) 5220.22M, ``National Industrial Security Program Operating Manual (NISPOM),'' dated February 28, 2006 as amended by Conforming Change 1, dated March 28, 2013. These forms are mandated in the Industrial Security Regulation DoD 5220.22-R dated December 1985 as amended, DoD 5220.22--NISP Volume 3, dated April 17, 2014 and The Federal Acquisition Regulation. Respondents must execute DD Form 441, ``Department of Defense Security Agreement,'' which is the initial agreement between the contractor and the government regarding security requirements necessary to protect classified information associated with the contract. This legally binding document details the responsibility of both parties and obligates the contractor to fulfill the requirements outlined in DoD 5220.22M. The DD Form 441-1, ``Appendage to Department of Defense Security Agreement,'' is used to extend the agreement to branch offices of the contractor. The SF Form 328, ``Certificate Pertaining to Foreign Interests,'' must be submitted to provide certification regarding elements of Foreign Ownership, Control or Influence (FOCI) as stipulated in paragraph 2-302 of the NISPOM. DSS proposes to make changes to the DD Form 441 and SF 328. The requirement for execution of the corporate ``Certificate'' section and the use of a corporate seal is being deleted. Currently the government does not require all corporations to execute the corporate Certificate portion of the Forms. Only those corporations who are in possession of a seal were being required to execute the Certificate. Corporations that do not have a seal and other types of businesses structures [[Page 27939]] such as limited liability companies, partnership and sole proprietors are only required to have the signing of the agreement witnessed. DSS proposes that a witness is sufficient for all companies whether or not they are a corporation. Affected Public: Business, other profit, and non-profit organizations under DoD Security Cognizance. DD 441 Total Annual Burden Hours: 698.13. DD Form 441 Number of Respondents: 2,992. Total DD Form 441 Responses: 2,992. Average Burden Hours per Respondent: 14 minutes. Number of Responses per Respondent: 1. DD Form 441-1 Total Annual Burden Hours: 171.5. Total DD Form 441-1 Respondents: 1,029. Total DD Form 441-1 Responses: 1,029. Average Burden Hours per Respondent: 10 minutes. Number of Responses per Respondent: 1. SF 328 Total Annual Burden Hours: 3,301.67. Total SF 328 Respondents: 2,830. Total SF 328 Responses: 2,830. Averge Burden Hours per Respondent: 1 hour 10 minutes or 70 MINUTES. Number of Responses per Respondent: 1. Combined Total Number of Respondents: 6,851. Combined Total Number of Responses: 6,851. Combined Total Burden Hours: 4,171.3. Combined Total Burden Hours per Respondent: 1.5 or 94 minutes. Frequency: On occasion. The execution of the DD Form 441, 441-1 and SF 328 is a factor in making a determination as to whether a contractor company is eligible to have a facility security clearance. It is also a legal basis for imposing NISP security requirements on eligible contractors. These requirements are necessary in order to preserve and maintain the security of the United States through establishing standards to prevent the improper disclosure of classified information. Dated: May 11, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2015-11671 Filed 5-14-15; 8:45 am] BILLING CODE 5001-06-P
![27938 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Notices
(viii) Date Report Delivered to SUMMARY: In compliance with the Security Agreement,’’ ‘‘Appendage to
Congress: 05 May 2015 Paperwork Reduction Act of 1995, the Department of Defense Security
* As defined in Section 47(6) of the Defense Security Service (DSS) Agreement,’’ ‘‘Certificate Pertaining to
Arms Export Control Act. announces a proposed public Foreign Interests;’’ DD Forms, 441, 441–
information collection and seeks public 1 and SF 328; OMB No. 0704–0194.
POLICY JUSTIFICATION
comment on the provisions thereof. Needs and Uses: Executive Order (EO)
Iraq—Ammunition Comments are invited on: (a) Whether 12829 as amended, ‘‘National Industrial
The Government of Iraq has requested the proposed collection of information Security Program (NISP),’’ stipulates
a possible sale of 5,000 81mm High is necessary for the proper performance
that the Secretary of Defense shall serve
Explosive Mortar Ammunition, 684,000 of the functions of the agency, including
as the Executive Agent for inspecting
M203 40mm High Explosive whether the information shall have
and monitoring the contractors,
Ammunition, 532,000 MK19 40mm practical utility; (b) the accuracy of the
licensees, and grantees who require or
High Explosive Dual Purpose agency’s estimate of the burden of the
proposed information collection; (c) will require access, to or who store or
Ammunition, and 40,000 155mm High
ways to enhance the quality, utility, and will store classified information; and for
Explosives. Also includes small arms
clarity of the information to be determining the eligibility for access to
ammunition, spare and repair parts,
support equipment, publications and collected; and (d) ways to minimize the classified information of contractors,
technical documentation, personnel burden of the information collection on licensees, and grantees and their
training and training equipment, U.S. respondents, including through the use respective employees. The specific
Government and contractor technical of automated collection techniques or requirements necessary to protect
and logistics support services, and other other forms of information technology. classified information released to
related elements of logistical and DATES: Consideration will be given to all private industry are set forth in
program support. The estimated cost is comments received by July 14, 2015. Department of Defense (DoD) 5220.22M,
$395 million. ADDRESSES: You may submit comments,
‘‘National Industrial Security Program
This proposed sale will contribute to identified by docket number and title, Operating Manual (NISPOM),’’ dated
the foreign policy and national security by any of the following methods: February 28, 2006 as amended by
of the United States by helping to • Federal eRulemaking Portal: http:// Conforming Change 1, dated March 28,
improve the security of a strategic www.regulations.gov. Follow the 2013. These forms are mandated in the
partner. This proposed sale directly instructions for submitting comments. Industrial Security Regulation DoD
supports the Government of Iraq and • Mail: Department of Defense, Office 5220.22–R dated December 1985 as
serves the interests of the people of Iraq of the Deputy Chief Management amended, DoD 5220.22—NISP Volume
and the United States. Officer, Directorate of Oversight and 3, dated April 17, 2014 and The Federal
This proposed sale of additional Compliance, Regulatory and Audit Acquisition Regulation. Respondents
ammunition is critical in providing Matters Office, 9010 Defense Pentagon, must execute DD Form 441,
continued combat power capability as Washington, DC 20301–9010. ‘‘Department of Defense Security
Iraq continues its fight against an Instructions: All submissions received Agreement,’’ which is the initial
organized insurgency of extremists in must include the agency name, docket agreement between the contractor and
Iraq. Iraq will have no difficulty number and title for this Federal the government regarding security
absorbing this additional ammunition Register document. The general policy requirements necessary to protect
into its armed forces. for comments and other submissions
The proposed sale of this additional classified information associated with
from members of the public is to make the contract. This legally binding
ammunition will not alter the basic these submissions available for public
military balance in the region. document details the responsibility of
The principal contractors will be viewing on the Internet at http:// both parties and obligates the contractor
American Ordinance in Middletown, www.regulations.gov as they are to fulfill the requirements outlined in
Iowa and AMTEC in Janesville, received without change, including any DoD 5220.22M. The DD Form 441–1,
Wisconsin. There are no known offset personal identifiers or contact ‘‘Appendage to Department of Defense
agreements proposed in connection information. Any associated form(s) for Security Agreement,’’ is used to extend
with this potential sale. this collection may be located within the agreement to branch offices of the
Implementation of this sale will not this same electronic docket and contractor. The SF Form 328,
require U.S. Government representatives downloaded for review/testing. Follow
‘‘Certificate Pertaining to Foreign
or contractors to travel to Iraq. the instructions at http://
Interests,’’ must be submitted to provide
There will be no adverse impact on www.regulations.gov for submitting
certification regarding elements of
U.S. defense readiness as a result of this comments. Please submit comments on
Foreign Ownership, Control or
proposed sale. any given form identified by docket
Influence (FOCI) as stipulated in
[FR Doc. 2015–11719 Filed 5–14–15; 8:45 am] number, form number, and title.
paragraph 2–302 of the NISPOM.
BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: To
request more information on this DSS proposes to make changes to the
proposed information collection or to DD Form 441 and SF 328. The
DEPARTMENT OF DEFENSE obtain a copy of the proposal and requirement for execution of the
associated collection instruments, corporate ‘‘Certificate’’ section and the
Office of the Secretary please write to the Defense Security use of a corporate seal is being deleted.
Currently the government does not
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[Docket ID: DoD–2015–OS–0048] Service, ATTN: Mr. Robert C. Morton,
OCIO, Russell-Knox Building, 27130 require all corporations to execute the
Proposed Collection; Comment Telegraph Road, Quantico, VA 22134– corporate Certificate portion of the
Request 2253, or call Defense Security Service, Forms. Only those corporations who are
(571) 305–6442. in possession of a seal were being
AGENCY: Defense Security Service (DSS),
SUPPLEMENTARY INFORMATION: required to execute the Certificate.
DoD.
Title; Associated Form; and OMB Corporations that do not have a seal and
ACTION: Notice.
Number: ‘‘Department of Defense other types of businesses structures
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![Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Notices 27939
such as limited liability companies, Averge Burden Hours per Respondent: DEPARTMENT OF DEFENSE
partnership and sole proprietors are 1 hour 10 minutes or 70 MINUTES.
only required to have the signing of the Number of Responses per Office of the Secretary
agreement witnessed. DSS proposes that Respondent: 1.
a witness is sufficient for all companies Combined Total Number of [Transmittal No. 15–26]
whether or not they are a corporation. Respondents: 6,851.
Affected Public: Business, other Combined Total Number of 36(b)(1) Arms Sales Notification
profit, and non-profit organizations Responses: 6,851.
under DoD Security Cognizance. Combined Total Burden Hours: AGENCY: Defense Security Cooperation
DD 441 Total Annual Burden Hours: 4,171.3. Agency, Department of Defense.
698.13. Combined Total Burden Hours per
DD Form 441 Number of Respondent: 1.5 or 94 minutes. ACTION: Notice.
Respondents: 2,992. Frequency: On occasion.
Total DD Form 441 Responses: 2,992. The execution of the DD Form 441, SUMMARY: The Department of Defense is
Average Burden Hours per 441–1 and SF 328 is a factor in making publishing the unclassified text of a
Respondent: 14 minutes. a determination as to whether a section 36(b)(1) arms sales notification.
Number of Responses per contractor company is eligible to have a This is published to fulfill the
Respondent: 1. facility security clearance. It is also a requirements of section 155 of Public
legal basis for imposing NISP security Law 104–164 dated July 21, 1996.
DD Form 441–1 Total Annual Burden requirements on eligible contractors.
Hours: 171.5. These requirements are necessary in FOR FURTHER INFORMATION CONTACT: Ms.
Total DD Form 441–1 Respondents: order to preserve and maintain the B. English, DSCA/DBO/CFM, (703) 601–
1,029. security of the United States through 3740.
Total DD Form 441–1 Responses: establishing standards to prevent the The following is a copy of a letter to
1,029. improper disclosure of classified the Speaker of the House of
Average Burden Hours per information. Representatives, Transmittals 15–26
Respondent: 10 minutes.
Dated: May 11, 2015. with attached transmittal, and policy
Number of Responses per
justification.
Respondent: 1. Aaron Siegel,
SF 328 Total Annual Burden Hours: Alternate OSD Federal Register Liaison Dated: May 11, 2015.
3,301.67. Officer, Department of Defense. Aaron Siegel,
Total SF 328 Respondents: 2,830. [FR Doc. 2015–11671 Filed 5–14–15; 8:45 am] Alternate OSD Federal Register Liaison
Total SF 328 Responses: 2,830. BILLING CODE 5001–06–P Officer, Department of Defense.
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Document Created: 2018-02-21 10:27:43
Document Modified: 2018-02-21 10:27:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Consideration will be given to all comments received by July 14, 2015. | |
| 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 Security Service, ATTN: Mr. Robert C. Morton, OCIO, Russell-Knox Building, 27130 Telegraph Road, Quantico, VA 22134-2253, or call Defense Security Service, (571) 305-6442. | |
| FR Citation | 80 FR 27938 |
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