81 FR 40288 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software (OMB Control Number 0704-0369)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range		40288-40289
FR Document		2016-14634

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 under Control Number 0704-0369 through September 30, 2016. DoD proposes that OMB approve an extension of the information collection requirement, to expire three years after the approval date.

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016)

[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40288-40289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14634]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2016-0025]


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 under Control Number 0704-0369 through September 30, 2016. 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 August 22, 2016.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0332, 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 0704-0225 
in the subject line of the message.
    [cir] Fax: (571) 372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
G. Williams, OUSD (AT&L) DPAP/DARS, Rm. 3B855, 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. Amy Williams, at (571)372-6106. 
The information collection requirements addressed in this notice are 
available on the World Wide Web 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 and OMB Number: Defense Federal Acquisition Regulation 
Supplement (DFARS) Subpart 227.71, Rights in Technical Data, and 
Subpart

[[Page 40289]]

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: 75,250.
    Responses per Respondent: About 13.
    Annual Responses: 959,602.
    Average Burden per Response: About 1 hour.
    Annual Response Burden Hours: 904,574 hours.
    Annual Recordkeeping Burden Hours: 90,600 hours.
    Total Annual Burden Hours: 995,174 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 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 
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 L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2016-14634 Filed 6-20-16; 8:45 am]
 BILLING CODE 5001-06-P

40288 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices

tilefish will consist of a series of Science Center. Participants include: SUMMARY: In compliance with section
workshops and webinars: Stock ID Work data collectors and database managers; 3506(c)(2)(A) of the Paperwork
Group Meeting; Data Workshop; stock assessment scientists, biologists, Reduction Act of 1995 (44 U.S.C.
Assessment Workshop and Webinars; and researchers; constituency chapter 35), DoD announces the
and a Review Workshop. representatives including fishermen, proposed extension of a public
DATES: The SEDAR 50 Stock ID Work environmentalists, and non- information collection requirement and
Group Post-Meeting Webinar will be governmental organizations (NGOs); seeks public comment on the provisions
held on Thursday, July 7, 2016, from 10 international experts; and staff of thereof. DoD invites comments on: (a)
a.m. until 12 p.m. Councils, Commissions, and state and Whether the proposed collection of
ADDRESSES: The meeting will be held federal agencies. information is necessary for the proper
via webinar. The webinar is open to The items of discussion at the Stock performance of the functions of DoD,
members of the public. Those interested ID Work Group post-meeting webinar including whether the information will
in participating should contact Julia are as follows: have practical utility; (b) the accuracy of
Byrd at SEDAR (see FOR FURTHER Participants will finalize the estimate of the burden of the
INFORMATION CONTACT) to request an recommendations from the Stock ID proposed information collection; (c)
invitation providing webinar access Work Group meeting as necessary. ways to enhance the quality, utility, and
information. Please request webinar Although non-emergency issues not clarity of the information to be
invitations at least 24 hours in advance contained in this agenda may come collected; and (d) ways to minimize the
of each webinar. before this group for discussion, those burden of the information collection on
SEDAR Address: South Atlantic issues may not be the subject of formal respondents, including the use of
Fishery Management Council, 4055 action during this meeting. Action will automated collection techniques or
Faber Place Drive, Suite 201, N. be restricted to those issues specifically other forms of information technology.
Charleston, SC 29405; identified in this notice and any issues The Office of Management and Budget
www.sedarweb.org. arising after publication of this notice (OMB) has approved this information
FOR FURTHER INFORMATION CONTACT: Julia that require emergency action under collection for use under Control Number
Byrd, SEDAR Coordinator, 4055 Faber section 305(c) of the Magnuson-Stevens 0704–0369 through September 30, 2016.
Place Drive, Suite 201, North Fishery Conservation and Management DoD proposes that OMB approve an
Charleston, SC 29405; phone: (843) 571– Act, provided the public has been extension of the information collection
4366; email: julia.byrd@safmc.net. notified of the intent to take final action requirement, to expire three years after
SUPPLEMENTARY INFORMATION: The Gulf to address the emergency. the approval date.
of Mexico, South Atlantic, and Special Accommodations DATES: DoD will consider all comments
Caribbean Fishery Management received by August 22, 2016.
Councils, in conjunction with NOAA This meeting is accessible to people ADDRESSES: You may submit comments,
Fisheries and the Atlantic and Gulf with disabilities. Requests for auxiliary identified by OMB Control Number
States Marine Fisheries Commissions, aids should be directed to the SAFMC 0704–0332, using any of the following
have implemented the Southeast Data, office (see ADDRESSES) at least 10 methods:
Assessment and Review (SEDAR) business days prior to the meeting. Æ Federal eRulemaking Portal: http://
process, a multi-step method for Note: The times and sequence specified in www.regulations.gov. Follow the
determining the status of fish stocks in this agenda are subject to change. instructions for submitting comments.
the Southeast Region. SEDAR is a three- Æ Email: dfars@mail.mil. Include
Dated: June 16, 2016. OMB Control Number 0704–0225 in the
step process including: (1) Data
Workshop; (2) Assessment Process Tracey L. Thompson, subject line of the message.
utilizing webinars; and (3) Review Acting Deputy Director, Office of Sustainable Æ Fax: (571) 372–6094.
Workshop. The product of the Data Fisheries, National Marine Fisheries Service. Æ Mail: Defense Acquisition
Workshop is a data report which [FR Doc. 2016–14605 Filed 6–20–16; 8:45 am] Regulations System, Attn: Ms. Amy G.
compiles and evaluates potential BILLING CODE 3510–22–P Williams, OUSD (AT&L) DPAP/DARS,
datasets and recommends which Rm. 3B855, 3060 Defense Pentagon,
datasets are appropriate for assessment Washington, DC 20301–3060.
analyses. The product of the Assessment Comments received generally will be
DEPARTMENT OF DEFENSE
Process is a stock assessment report posted without change to http://
which describes the fisheries, evaluates Defense Acquisition Regulations www.regulations.gov, including any
the status of the stock, estimates System personal information provided.
biological benchmarks, projects future FOR FURTHER INFORMATION CONTACT: Ms.
population conditions, and recommends [Docket Number DARS–2016–0025] Amy Williams, at (571)372–6106. The
research and monitoring needs. The information collection requirements
assessment is independently peer Information Collection Requirement; addressed in this notice are available on
reviewed at the Review Workshop. The Defense Federal Acquisition the World Wide Web at: http://
product of the Review Workshop is a Regulation Supplement; Rights in www.acq.osd.mil/dpap/dars/dfarspgi/
Summary documenting panel opinions Technical Data and Computer Software current/index.html. Paper copies are
regarding the strengths and weaknesses (OMB Control Number 0704–0369) available from Ms. Amy Williams,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

of the stock assessment and input data. AGENCY: Defense Acquisition OUSD (AT&L) DPAP (DARS), Room
Participants for SEDAR Workshops are Regulations System; Department of 3B855, 3060 Defense Pentagon,
appointed by the Gulf of Mexico, South Defense (DoD). Washington, DC 20301–3060.
Atlantic, and Caribbean Fishery SUPPLEMENTARY INFORMATION:
ACTION: Notice and request for
Management Councils and NOAA Title and OMB Number: Defense
comments regarding a proposed
Fisheries Southeast Regional Office, Federal Acquisition Regulation
extension of an approved information
Highly Migratory Species Management Supplement (DFARS) Subpart 227.71,
collection requirement.
Division, and Southeast Fisheries Rights in Technical Data, and Subpart

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Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices 40289

227.72, Rights in Computer Software 252.227–7013, Rights in Technical or computer software that the
and Computer Software Documentation, Data—Noncommercial Items, requires Government already owns.
and related provisions and clauses of the contractor to identify and mark data
Jennifer L. Hawes,
the Defense Federal Acquisition or software that it provides with limited
Regulation Supplement (DFARS); OMB Editor, Defense Acquisition Regulations
rights.
System.
Control Number 0704–0369. In accordance with 10 U.S.C. 2321(b),
Needs and Uses: DFARS Subparts [FR Doc. 2016–14634 Filed 6–20–16; 8:45 am]
contractors and subcontractors at any BILLING CODE 5001–06–P
227.71 and 227.72 prescribe the use of tier must be prepared to furnish written
solicitation provisions and contract justification for any asserted restriction
clauses containing information on the Government’s rights to use or
collection requirements that are DEPARTMENT OF DEFENSE
release data. The following DFARS
associated with rights in technical data Defense Acquisition Regulations
clauses require contractors and
and computer software. DoD needs this System
subcontractors to maintain adequate
information to implement 10 U.S.C.
records and procedures to justify any [Docket Number DARS–2016–0024; (OMB
2320, Rights in technical data, and 10
asserted restrictions: Control Number 0704–0332)]
U.S.C. 2321, Validation of proprietary
data restrictions. DoD uses the 252.227–7019, Validation of Asserted
Restrictions—Computer Software. Information Collection Requirement;
information to recognize and protect
Defense Federal Acquisition
contractor rights in technical data and 252.227–7037, Validation of Regulation Supplement; DoD Pilot
computer software that are associated Restrictive Markings on Technical Data. Mentor-Protege Program
with privately funded developments;
In accordance with 10 U.S.C. 2320,
and to ensure that technical data AGENCY: Defense Acquisition
DoD must protect the rights of
delivered under a contract are complete Regulations System, Department of
contractors that have developed items,
and accurate and satisfy contract Defense (DoD).
components, or processes exclusively at
requirements. ACTION: Notice and request for
Affected Public: Businesses or other private expense. Therefore, the clause at
DFARS 252.227–7025, Limitations on comments regarding a proposed
for-profit and not-for-profit institutions. extension of an approved information
Number of Respondents: 75,250. the Use or Disclosure of Government-
Furnished Information Marked with collection requirement.
Responses per Respondent: About 13.
Annual Responses: 959,602. Restrictive Legends, requires a SUMMARY: In compliance with section
Average Burden per Response: About contractor or subcontractor to submit a 3506(c)(2)(A) of the Paperwork
1 hour. use and non-disclosure agreement when Reduction Act of 1995 (44 U.S.C.
Annual Response Burden Hours: it obtains data from the Government to Chapter 35), DoD announces the
904,574 hours. which the Government has less than proposed extension of a public
Annual Recordkeeping Burden Hours: unlimited rights. In addition, DFARS information collection requirement and
90,600 hours. 227.7103–7, Use and non-disclosure seeks public comment on the provisions
Total Annual Burden Hours: 995,174 agreement, requires intended recipients thereof. DoD invites comments on: (a)
hours. of technical data or computer software Whether the proposed collection of
Frequency: On occasion. delivered to the Government with information is necessary for the proper
Summary of Information Collection restrictions on use, modification, performance of the functions of DoD,
reproduction, release, performance, including whether the information will
DoD uses the following DFARS display, or disclosure, to sign the use have practical utility; (b) the accuracy of
provisions and clauses in solicitations and non-disclosure agreement at the estimate of the burden of the
and contracts to require offerors and 227.7103–7(c) prior to release or proposed information collection; (c)
contractors to identify and mark data or disclosure of the data, unless the ways to enhance the quality, utility, and
software requiring protection from recipient is a Government contractor clarity of the information to be
unauthorized use, release, or disclosure that requires access to a third parties collected; and (d) ways to minimize the
in accordance with 10 U.S.C. 2320: data or software for the performance of burden of the information collection on
252.227–7013, Rights in Technical a Government contract that contains the respondents, including the use of
Data—Noncommercial Items. clause at 252.227–7025, Limitations on automated collection techniques or
252.227–7014, Rights in Use or Disclosure of Government- other forms of information technology.
Noncommercial Computer Software and Furnished Information Marked with The Office of Management and Budget
Noncommercial Computer Software Restrictive Legends. According to 10 (OMB) has approved this information
Documentation. U.S.C. 2320(a)(2)(D), DoD may disclose collection under Control Number 0704–
252.227–7017, Identification and
limited rights data to persons outside 0332 for use through September 30,
Assertion of Use, Release, or Disclosure
the Government, or allow those persons 2016. DoD proposes that OMB extend its
Restrictions.
to use limited rights data, if the approval for use for three additional
252.227–7018, Rights in
recipient agrees not to further use, years beyond the current expiration
Noncommercial Technical Data and
release, or disclose the data. date.
Computer Software—Small Business
Innovation Research (SBIR) Program. The provision at DFARS 252.227– DATES: DoD will consider all comments
asabaliauskas on DSK3SPTVN1PROD with NOTICES

In accordance with 10 U.S.C. 7028, Technical Data or Computer received by August 22, 2016.
2320(a)(2)(D), DoD may disclose limited Software Previously Delivered to the ADDRESSES: You may submit comments,
rights data to persons outside the Government, requires an offeror to identified by OMB Control Number
Government, or allow those persons to identify any technical data or computer 0704–0332, using any of the following
use data with use, release, or disclosure software that it previously delivered, or methods:
restrictions, if the recipient agrees not to will deliver, under any Government Æ Federal eRulemaking Portal: http://
further release, disclose, or use the data. contract. DoD needs this information to www.regulations.gov. Follow the
Therefore, the clause at DFARS avoid paying for rights in technical data instructions for submitting comments.

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Document Created: 2016-06-21 01:30:40
Document Modified: 2016-06-21 01:30:40

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 and request for comments regarding a proposed extension of an approved information collection requirement.
Dates		DoD will consider all comments received by August 22, 2016.
Contact		Ms. Amy Williams, at (571)372-6106.
FR Citation		81 FR 40288

81 FR 40288 - Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software (OMB Control Number 0704-0369)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 81, Issue 119 (June 21, 2016)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System