6186 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 

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: 55,000. 

Responses per Respondent: about 9.6. 

Annual Responses: 526,630. 

Average Burden per Response: about 

2.9 hours. 

Annual Response Burden Hours: 

1,528,040 hours. 

Annual Recordkeeping Burden Hours: 

97,000 hours. 

Total Annual Burden Hours: 

1,625,040 hours. 

Frequency: On occasion. 

Summary of Information Collection 

DoD uses the following DFARS 

provisions and clauses in solicitations 

and contracts to require offerors and 

contractors to identify and mark data or 

software requiring protection from 

unauthorized release or disclosure in 

accordance with 10 U.S.C. 2320: 

252.227–7013, Rights in Technical 

Data—Noncommercial Items. 

252.227–7014, Rights in 

Noncommercial Computer Software and 

Noncommercial Computer Software 

Documentation. 

252.227–7017, Identification and 

Assertion of Use, Release, or Disclosure 

Restrictions. 

252.227–7018, Rights in 

Noncommercial Technical Data and 

Computer Software—Small Business 

Innovation Research (SBIR) Program. 

In accordance with 10 U.S.C. 

2320(a)(2)(D), DoD may disclose limited 

rights data to persons outside the 

Government, or allow those persons to 

use limited rights data, if the recipient 

agrees not to further release, disclose, or 

use the data. Therefore, the clause at 

DFARS 252.227–7013, Rights in 

Technical Data—Noncommercial Items, 

requires the contractor to identify and 

mark data or software that it provides 

with limited rights. 

In accordance with 10 U.S.C. 2321(b), 

contractors and subcontractors at any 

tier must be prepared to furnish written 

justification for any asserted restriction 

on the Government’s rights to use or 

release data. The following DFARS 

clauses require contractors and 

subcontractors to maintain adequate 

records and procedures to justify any 

asserted restrictions: 

252.227–7019, Validation of Asserted 

Restrictions—Computer Software. 

252.227–7037, Validation of 

Restrictive Markings on Technical Data. 

In accordance with 10 U.S.C. 2320, 

DoD must protect the rights of 

contractors that have developed items, 

components, or processes at private 

expense. Therefore, the clause at DFARS 

252.227–7025, Limitations on the Use or 

Disclosure of Government-Furnished 

Information Marked with Restrictive 

Legends, requires a contractor or 

subcontractor to submit a use and nondisclosure agreement when it obtains 

data from the Government to which the 

Government has only limited rights. 

The provision at DFARS 252.227– 

7028, Technical Data or Computer 

Software Previously Delivered to the 

Government, requires an offeror to 

identify any technical data or computer 

software that it previously delivered, or 

will deliver, under any Government 

contract. DoD needs this information to 

avoid paying for rights in technical data 

or computer software that the 

Government already owns. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2010–2702 Filed 2–5–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

[OMB Control Number 0704–0286] 

Information Collection Requirement; 

Defense Federal Acquisition 

Regulation Supplement; Part 205, 

Publicizing Contract Actions 

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 requirement for use through 

October 31, 2010. DoD proposes that 

OMB extend its approval to expire three 

years after the approval date. 

DATES: DoD will consider all comments 

received by April 9, 2010. 

ADDRESSES: You may submit comments, 

identified by OMB Control Number 

0704–0286, using any of the following 

methods: 

Æ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@acq.osd.mil. Include 

OMB Control Number 0704–0286 in the 

subject line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Meredith 

Murphy, OUSD (AT&L) DPAP (DARS), 

3060 Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060. 

o Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, (703) 602–1302. The 

information collection requirements 

addressed in this notice are available 

electronically on the World Wide Web 

at: http://www.acq.osd.mil/dp/dars/ 

dfars.html. Paper copies are available 

from Ms. Meredith Murphy, OUSD 

(AT&L) DPAP (DARS), 3060 Defense 

Pentagon, Room 3B855, Washington, DC 

20301–3060. 

SUPPLEMENTARY INFORMATION: 

Title and OMB Number: Defense 

Federal Acquisition Regulation 

Supplement (DFARS) Part 205, 

Publicizing Contract Actions, and the 

associated clause at DFARS 252.205– 

7000, Provision of Information to 

Cooperative Agreement Holders; OMB 

Control Number 0704–0286. 

Needs and Uses: This information 

collection requires DoD contractors with 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 6187 

contracts of $1 million or more to 

provide information to cooperative 

agreement holders, upon request, 

regarding employees or offices 

responsible for entering into 

subcontracts under DoD contracts. 

Cooperative agreement holders furnish 

procurement technical assistance to 

business entities within specified 

geographical areas. This policy 

implements section 2416 of Title 10, 

United States Code. 

Affected Public: Businesses or other 

for-profit and not-for-profit institutions. 

Annual Burden Hours: 7,700. 

Number of Respondents: 7,000. 

Responses per Respondent: 1. 

Annual Responses: 7,000. 

Average Burden per Response: 1.1 

hour average. 

Frequency: On occasion. 

Summary of Information Collection 

DFARS Part 205 and the clause at 

DFARS 252.205–7000 require DoD 

contractors awarded contracts over $1 

million provide to cooperative 

agreement holders, upon their request, a 

list of those appropriate employees or 

offices responsible for entering into 

subcontracts under DoD contracts. The 

list must include the business address, 

telephone number, and area of 

responsibility of each employee or 

office. The contractor need not provide 

the list to a particular cooperative 

agreement holder more frequently than 

once a year. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

Council. 

[FR Doc. 2010–2704 Filed 2–5–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Acting Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management invites comments on the 

submission for OMB review as required 

by the Paperwork Reduction Act of 

1995. 

DATES: Interested persons are invited to 

submit comments on or before March 

10, 2010. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503, be faxed to (202) 395–5806 or 

send e-mail to 

oira_submission@omb.eop.gov with a 

cc: to ICDocketMgr@ed.gov. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Acting 

Director, Information Collection 

Clearance Official, Regulatory 

Information Management Services, 

Office of Management, publishes that 

notice containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

Dated: February 2, 2010. 

Stephanie Valentine, 

Acting Director, Information Collection 

Clearance Division, Regulatory Information 

Management Services, Office of Management. 

Office of Elementary and Secondary 

Education 

Type of Review: Revision. 

Title: Mathematics and Science 

Partnerships Grant Programs Annual 

Performance Report. 

Frequency: Annually. 

Affected Public: State, Local, or Tribal 

Gov’t, SEAs or LEAs. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 600. 

Burden Hours: 8,400. 

Abstract: Sections 2201–2203 of the 

Elementary and Secondary Education 

Act describe information to be included 

in the annual performance report 

required of the Mathematics and 

Science Partnerships Grant program. 

Submission of the annual performance 

report (APR) via the data collection site 

has taken place since 2006 and will 

continue to occur between October 30 

and November 30 of each year. If APR 

data submitted during this timeframe 

are incomplete or inaccurate and/or if 

re-submission of data is requested by 

the State education agencies (SEAs), 

additional data collection may occur at 

other times throughout the year. The 

Government Performance and Results 

Act (GPRA) report provides nationallevel achievement data for all: (1) The 

percentage of MSP teachers who 

significantly increase their content 

knowledge, as reflected in project-level 

pre- and post-assessments; (2) the 

percentage of students in classrooms of 

MSP teachers who score at the basic 

level or above in State assessments of 

mathematics or science; (3) the 

percentage of students in classrooms of 

MSP teachers who score the proficient 

level or above in State assessments of 

mathematics or science; (4) the 

percentage of students in classrooms of 

MSP teachers who score at the 

proficient level or above in State 

assessments of mathematics or science 

measures. The national-level 

information includes an average of the 

percentage of proficient students in 

SEAs administering annual state 

performance examinations from the 

previous year to the current year. All 

projects are included in the GPRA 

report, regardless of when the project 

began implementation of their MSP 

grant. 

Requests for copies of the information 

collection submission for OMB review 

may be accessed from http:// 

edicsweb.ed.gov, by selecting the 

‘‘Browse Pending Collections’’ link and 

by clicking on link number 4178. When 

you access the information collection, 

click on ‘‘Download Attachments ’’ to 

view. Written requests for information 

should be addressed to U.S. Department 

of Education, 400 Maryland Avenue, 

SW., LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to the Internet address 

ICDocketMgr@ed.gov or faxed to 202– 

401–0920. Please specify the complete 

title of the information collection when 

making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

ICDocketMgr@ed.gov. Individuals who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

[FR Doc. 2010–2683 Filed 2–5–10; 8:45 am] 

BILLING CODE 4000–01–P 

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