81_FR_61819 81 FR 61646 - Defense Federal Acquisition Regulation Supplement: Rights in Technical Data and Validation of Proprietary Data Restrictions (DFARS Case 2012-D022)

81 FR 61646 - Defense Federal Acquisition Regulation Supplement: Rights in Technical Data and Validation of Proprietary Data Restrictions (DFARS Case 2012-D022)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 173 (September 7, 2016)

Page Range61646-61647
FR Document2016-21463

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that revises the sections of title 10 of the United States Code (U.S.C.) that address technical data rights and validation of proprietary data restrictions. The comment period on the proposed rule is extended 16 days.

Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016)
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Proposed Rules]
[Pages 61646-61647]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21463]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 227, and 252

[Docket DARS-2016-0017]
RIN 0750-AI95


Defense Federal Acquisition Regulation Supplement: Rights in 
Technical Data and Validation of Proprietary Data Restrictions (DFARS 
Case 2012-D022)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement a section of the National 
Defense Authorization Act for Fiscal Year 2012 that revises the 
sections of title 10 of the United States Code (U.S.C.) that address 
technical data rights and validation of proprietary data restrictions. 
The comment period on the proposed rule is extended 16 days.

DATES: For the proposed rule published on June 16, 2016 (81 FR 39481), 
submit comments by September 30, 2016.

ADDRESSES: Submit comments identified by DFARS Case 2012-D022, using 
any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Search for ``DFARS Case 2012-D022.'' Select ``Comment Now'' and follow 
the instructions provided to submit a comment. Please include ``DFARS 
Case 2012-D022'' on any attached documents.
    [cir] Email: [email protected]. Include DFARS Case 2012-D022 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy

[[Page 61647]]

Williams, OUSD(AT&L)DPAP/DARS, Room 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. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 16, 2016, DoD published a proposed rule in the Federal 
Register at 81 FR 39481 to implement section 815 of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2012, which--
     Adds special provisions for handling technical data that 
are necessary for segregation and reintegration activities;
     Codifies and revises the policies and procedures regarding 
deferred ordering of technical data necessary to support DoD major 
systems or subsystems, weapon systems, or noncommercial items or 
processes;
     Expands the period in which DoD can challenge an asserted 
restriction on technical data from 3 years to 6 years;
     Rescinds changes to 10 U.S.C. 2320 from the NDAA for FY 
2011; and
     Codifies Government purpose rights as the default rights 
for technical data related to technology developed with mixed funding.
    The comment period for the proposed rule is extended 16 days, from 
September 14, 2016 to September 30, 2016, to provide additional time 
for interested parties to comment on the proposed DFARS changes.

List of Subjects in 48 CFR Parts 212, 227, and 252

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2016-21463 Filed 9-6-16; 8:45 am]
BILLING CODE 5001-06-P



                                               61646              Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules

                                               funding to provide family planning                      that considers only the ability of the                § 59.3 Who is eligible to apply for a family
                                               services for those most in need, and it                 subrecipients to meet the statutory                   planning services grant or to participate as
                                               will prevent future attempts to provide                 objectives.                                           a subrecipient as part of a family planning
                                                                                                                                                             project?
                                               Title X funding to subrecipients for                      States remain entirely free to set their
                                               reasons other than their ability to best                                                                         (a) Any public or nonprofit private
                                                                                                       policies and funding preferences as to                entity in a State may apply for a grant
                                               meet the objectives of the Title X
                                                                                                       family planning services paid for with                under this subpart.
                                               program.
                                                  We estimate costs of $11,400–$24,600                 state funds. While this proposed rule                    (b) No recipient making subawards for
                                               in the first year following publication of              will eliminate the ability of states to               the provision of services as part of its
                                               the final rule, and suggest that this rule              restrict subawards with Title X funds for             Title X project may prohibit an entity
                                               is beneficial to society in increasing                  reasons unrelated to the statutory                    from participating for reasons unrelated
                                               access to and quality of care. We note                  objectives of Title X, they remain free to            to its ability to provide services
                                               that the estimates provided here are                    set their own preferences in providing                effectively.
                                               uncertain.                                              state-funded family planning services.                [FR Doc. 2016–21359 Filed 9–2–16; 4:15 pm]
                                                                                                       The rule does not impose any additional               BILLING CODE 5140–34–P
                                               E. Analysis of Regulatory Alternatives
                                                                                                       requirements on states in their
                                                  We carefully considered the option of                performance under the Title X grant,
                                               not pursuing regulatory action.                         other than to avoid discrimination in                 DEPARTMENT OF DEFENSE
                                               However, as discussed previously, not                   making subawards, should they choose
                                               pursuing regulatory action means                        to make such subawards. And states                    Defense Acquisition Regulations
                                               allowing the continued provision of                                                                           System
                                                                                                       remain free to apply for federal program
                                               Title X funds to subrecipients for
                                                                                                       funds, subject to the eligibility
                                               reasons other than their ability to                                                                           48 CFR Parts 212, 227, and 252
                                               provide high quality family planning                    conditions. For the reasons outlined
                                               services. This, in turn, means accepting                above, the proposed rule is designed to               [Docket DARS–2016–0017]
                                               reductions in access to and quality of                  achieve the objectives of Title X related             RIN 0750–AI95
                                               services to populations who rely on                     to providing effective family planning
                                               Title X. As a result, we chose to pursue                services to program beneficiaries with                Defense Federal Acquisition
                                               regulatory action.                                      the minimal intrusion on the ability of               Regulation Supplement: Rights in
                                                                                                       project recipients to select their                    Technical Data and Validation of
                                               F. Executive Order 13132                                subrecipients.                                        Proprietary Data Restrictions (DFARS
                                               Federalism Review                                                                                             Case 2012–D022)
                                                  Executive Order 13132 establishes                    G. Paperwork Reduction Act of 1995
                                                                                                                                                             AGENCY:  Defense Acquisition
                                               certain requirements that an agency                       The amendments proposed in this                     Regulations System, Department of
                                               must meet when it promulgates a final
                                                                                                       rule will not impose any additional data              Defense (DoD).
                                               rule that imposes substantial direct
                                                                                                       collection requirements beyond those                  ACTION: Proposed rule; extension of
                                               requirement costs on state and local
                                                                                                       already imposed under the current                     comment period.
                                               governments, preempts state law, or
                                               otherwise has federalism implications.                  information collection requirements
                                                                                                       which have been approved by the Office                SUMMARY:    DoD is proposing to amend
                                               The Department particularly invites                                                                           the Defense Federal Acquisition
                                               comments from states and local                          of Management and Budget.
                                                                                                                                                             Regulation Supplement (DFARS) to
                                               governments, and will consult with                      List of Subjects in 42 CFR Part 59                    implement a section of the National
                                               them as needed in promulgating the                                                                            Defense Authorization Act for Fiscal
                                               final rule. While we do not believe this                  Birth control, Family planning, Grant               Year 2012 that revises the sections of
                                               rule will cause substantial economic                    programs.                                             title 10 of the United States Code
                                               impact on the states, it will implicate                   Dated: August 31, 2016.                             (U.S.C.) that address technical data
                                               some state laws if states wish to apply                                                                       rights and validation of proprietary data
                                                                                                       Sylvia M. Burwell,
                                               for federal Title X funds. Therefore, the                                                                     restrictions. The comment period on the
                                               following federalism impact statement                   Secretary.                                            proposed rule is extended 16 days.
                                               is provided.                                                                                                  DATES: For the proposed rule published
                                                                                                         Therefore, under the authority of
                                                  E.O. 13132 establishes the need for                                                                        on June 16, 2016 (81 FR 39481), submit
                                               Federal agency deference and restraint                  section 1006 of the Public Health
                                                                                                       Service Act as amended, and for the                   comments by September 30, 2016.
                                               in taking action that would curtail the                                                                       ADDRESSES: Submit comments
                                               policy-making discretion of the states or               reasons stated in the preamble, the
                                                                                                       Department proposes to amend 42 CFR                   identified by DFARS Case 2012–D022,
                                               otherwise have a substantial impact on                                                                        using any of the following methods:
                                               the expenditure of state funds. The                     part 59 as follows:
                                                                                                                                                                Æ Federal eRulemaking Portal: http://
                                               proposed rule simply sets the                                                                                 www.regulations.gov. Search for
                                               conditions to be eligible for federal                   PART 59—GRANTS FOR FAMILY
                                                                                                       PLANNING SERVICES                                     ‘‘DFARS Case 2012–D022.’’ Select
                                               funding for both public and private                                                                           ‘‘Comment Now’’ and follow the
                                               entities. The proposed rule will not                                                                          instructions provided to submit a
                                                                                                       Subpart A—Project Grants for Family
                                               have a significant impact on state funds                                                                      comment. Please include ‘‘DFARS Case
                                               as, by law, project grants must be                      Planning Services
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                                             2012–D022’’ on any attached
                                               funded with at least 90 percent federal                                                                       documents.
                                               funds. 42 U.S.C. 300a–4(a).                             ■ 1. The authority citation for subpart A
                                                                                                                                                                Æ Email: osd.dfars@mail.mil. Include
                                               Furthermore, states that are the project                continues to read as follows:                         DFARS Case 2012–D022 in the subject
                                               recipients of Title X grants are not                        Authority: 42 U.S.C. 300a–4.                      line of the message.
                                               required to issue subawards at all.                                                                              Æ Fax: 571–372–6094.
                                               However, those that choose to do so                     ■ 2. Section 59.3 is revised to read as                  Æ Mail: Defense Acquisition
                                               would be required to do so in a manner                  follows:                                              Regulations System, Attn: Ms. Amy


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                                                                  Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules                                                   61647

                                               Williams, OUSD(AT&L)DPAP/DARS,                          SURFACE TRANSPORTATION BOARD                          Stat. 803, Congress established a careful
                                               Room 3B941, 3060 Defense Pentagon,                                                                            balance between these two important
                                               Washington, DC 20301–3060.                              49 CFR Chapter X                                      yet conflicting goals. On the one hand,
                                                  Comments received generally will be                  [Docket No. EP 665 (Sub–No. 1); Docket                Congress permitted differential pricing
                                                                                                       No. EP 665 (Sub–No. 2)]                               and removed regulatory controls over
                                               posted without change to http://
                                                                                                                                                             railroad pricing for traffic with effective
                                               www.regulations.gov, including any
                                                                                                       Rail Transportation of Grain, Rate                    competition so that carriers would have
                                               personal information provided. To                                                                             greater ability to earn the revenues
                                                                                                       Regulation Review; Expanding Access
                                               confirm receipt of your comment(s),                                                                           necessary to attract capital and reinvest
                                                                                                       to Rate Relief
                                               please check www.regulations.gov,                                                                             in the network. On the other hand,
                                               approximately two to three days after                   AGENCY: Surface Transportation Board.                 Congress made clear that railroad rates
                                               submission to verify posting (except                    ACTION:Advance notice of proposed                     for traffic without effective competition
                                               allow 30 days for posting of comments                   rulemaking.                                           must be reasonable (see 49 U.S.C.
                                               submitted by mail).                                                                                           10702, 10707), and that shippers of
                                                                                                       SUMMARY:   The Surface Transportation                 grain, in particular, are entitled to some
                                               FOR FURTHER INFORMATION CONTACT: Ms.                    Board (Board) is seeking comments and                 additional protections (see, e.g., 49
                                               Amy G. Williams, telephone 571–372–                     suggestions through this Advance                      U.S.C. 10709(g) (providing that shippers
                                               6106.                                                   Notice of Proposed Rulemaking (ANPR)                  may file a complaint with the Board
                                                                                                       regarding the Board’s effort to develop               asking it to review agricultural contracts
                                               SUPPLEMENTARY INFORMATION:                              a new rate reasonableness methodology                 on certain grounds)).
                                               I. Background                                           for use in very small disputes, which                    By decision served in Rail
                                                                                                       would be available to shippers of all                 Transportation of Grain, Rate
                                                  On June 16, 2016, DoD published a                    commodities.                                          Regulation Review, Docket No. EP 665
                                               proposed rule in the Federal Register at                DATES:   Comments are due by November                 (Sub–No. 1) on December 12, 2013, the
                                               81 FR 39481 to implement section 815                    14, 2016. Reply comments are due by                   Board invited public comment on how
                                               of the National Defense Authorization                   December 19, 2016.                                    to ensure that the Board’s existing rate
                                               Act (NDAA) for Fiscal Year (FY) 2012,                   ADDRESSES: Comments and replies may                   complaint procedures are accessible to
                                               which—                                                  be submitted either via the Board’s e-                grain shippers and provide effective
                                                  • Adds special provisions for                        filing format or in the traditional paper             protection against unreasonable freight
                                               handling technical data that are                        format. Any person using e-filing should              rail transportation rates, including
                                               necessary for segregation and                           attach a document and otherwise                       proposals for modifying existing
                                               reintegration activities;                               comply with the instructions at the                   procedures or new alternative rate relief
                                                                                                       ‘‘E-FILING’’ link on the Board’s Web                  methodologies. The Board received
                                                  • Codifies and revises the policies                                                                        opening and reply comments from
                                                                                                       site, at ‘‘http://www.stb.dot.gov.’’ Any
                                               and procedures regarding deferred                                                                             interested shipper, railroad, and
                                                                                                       person submitting a filing in the
                                               ordering of technical data necessary to                                                                       government entities. The Board then
                                                                                                       traditional paper format should send an
                                               support DoD major systems or                                                                                  held a public hearing on June 10, 2015,
                                                                                                       original and 10 copies to: Surface
                                               subsystems, weapon systems, or                          Transportation Board, Attn: Docket No.                to further examine issues related to the
                                               noncommercial items or processes;                       EP 665 (Sub–No. 2), 395 E Street SW.,                 accessibility of rate relief for grain
                                                  • Expands the period in which DoD                    Washington, DC 20423–0001.                            shippers and to provide interested
                                               can challenge an asserted restriction on                   Copies of written comments and                     persons the opportunity to comment on
                                               technical data from 3 years to 6 years;                 replies will be posted to the Board’s                 the suggestions made during the public
                                                                                                       Web site and will be available for                    comment period. Following the hearing,
                                                  • Rescinds changes to 10 U.S.C. 2320                                                                       the Board received supplemental
                                               from the NDAA for FY 2011; and                          viewing and self-copying at the Board’s
                                                                                                       Public Docket Room, Room 131. Copies                  comments from three parties.
                                                  • Codifies Government purpose rights                 will also be available (for a fee) by
                                                                                                                                                                The Board has considered all of the
                                               as the default rights for technical data                                                                      written comments and oral testimony
                                                                                                       contacting the Board’s Chief Records
                                               related to technology developed with                                                                          received in Docket No. EP 665 (Sub–No.
                                                                                                       Officer at (202) 245–0238 or 395 E Street
                                               mixed funding.                                                                                                1).1 A number of issues raised during
                                                                                                       SW., Washington, DC 20423–0001.
                                                                                                                                                             the public comment period—related to
                                                  The comment period for the proposed                  FOR FURTHER INFORMATION CONTACT:                      the accessibility of the Board’s existing
                                               rule is extended 16 days, from                          Allison Davis at (202) 245–0378.                      rate review processes, modifications to
                                               September 14, 2016 to September 30,                     Assistance for the hearing impaired is                those processes, and alternative rate
                                               2016, to provide additional time for                    available through the Federal                         review processes set forth by parties—
                                               interested parties to comment on the                    Information Relay Service (FIRS) at                   merit further discussion, and the Board
                                               proposed DFARS changes.                                 (800) 877–8339.                                       is seeking further comment on those
                                                                                                       SUPPLEMENTARY INFORMATION: In the                     issues.2 Based on the comments and
                                               List of Subjects in 48 CFR Parts 212,                   Interstate Commerce Act, Congress                     testimony received, the Board believes
                                               227, and 252                                            charged the Board with protecting the                 that the existing rate review processes
                                                  Government procurement.                              public from unreasonable pricing by
                                                                                                       freight railroads, while fostering a                     1 For a list of the numerous parties that have

                                                                                                       sound, safe, and efficient rail                       participated in Docket No. EP 665 (Sub–No. 1) at
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               Jennifer L. Hawes,
                                                                                                                                                             various stages, see Appendix A. To the extent this
                                               Editor, Defense Acquisition Regulations                 transportation system by allowing                     decision refers to parties by abbreviations, those
                                               System.                                                 carriers to earn adequate revenues. See               abbreviations are listed in that appendix.
                                               [FR Doc. 2016–21463 Filed 9–6–16; 8:45 am]              49 U.S.C. 10101. In the Staggers Rail Act                2 We note that other significant issues have been

                                                                                                       of 1980, Public Law 96–448, 94 Stat.                  raised in this proceeding, such as the Board’s
                                               BILLING CODE 5001–06–P                                                                                        regulations concerning agricultural rate
                                                                                                       1895, and subsequent legislation,                     transparency and the standing required to bring a
                                                                                                       including the ICC Termination Act of                  rate complaint. The Board will address these issues
                                                                                                       1995 (ICCTA), Public Law 104–88, 109                  in a subsequent decision.



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Document Created: 2016-09-07 11:50:27
Document Modified: 2016-09-07 11:50:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; extension of comment period.
DatesFor the proposed rule published on June 16, 2016 (81 FR 39481), submit comments by September 30, 2016.
ContactMs. Amy G. Williams, telephone 571- 372-6106.
FR Citation81 FR 61646 
RIN Number0750-AI95
CFR Citation48 CFR 212
48 CFR 227
48 CFR 252

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