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[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30898-30899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12288]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2013-0013]

Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement; Rights in Technical Data and Computer Software

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.

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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 through July 31, 2013. DoD proposes that OMB extend its 
approval for use for 3 additional years beyond the current expiration 
date.

DATES: DoD will consider all comments received by July 22, 2013.
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: dfars@osd.mil. Include OMB Control Number 0704-0369 in the 
subject line of the message.
    Fax: (571) 372-6094.
    Mail: Defense Acquisition Regulations System, Attn: Mr. Mark 
Gomersall, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.

[[Page 30899]]

    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 via the Internet 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, Associated Form, and OMB Number: 
Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 
227.71, Rights in Technical Data, and Subpart 227.72, Rights in 
Computer Software and Computer Software Documentation, and related 
provisions and clauses of the Defense Federal Acquisition Regulation 
Supplement (DFARS); OMB Control Number 0704-0369.
    Needs and Uses: DFARS Subparts 227.71 and 227.72 prescribe the use 
of solicitation provisions and contract clauses containing information 
collection requirements that are associated with rights in technical 
data and computer software. DoD needs this information to implement 10 
U.S.C. 2320, Rights in technical data, and 10 U.S.C. 2321, Validation 
of proprietary data restrictions. DoD uses the information to recognize 
and protect contractor rights in technical data and computer software 
that are associated with privately funded developments; and to ensure 
that technical data delivered under a contract are complete and 
accurate and satisfy contract requirements.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Number of Respondents: 50,250.
    Responses Per Respondent: about 16.8.
    Annual Responses: 846,135.
    Average Burden Per Response: about 1.16 hours.
    Annual Response Burden Hours: 978,801 hours.
    Annual Recordkeeping Burden Hours: 75,000 hours.
    Total Annual Burden Hours: 1,053,801 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 non-disclosure 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.

Kortnee Stewart,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2013-12288 Filed 5-22-13; 8:45 am]
BILLING CODE 5001-06-P
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