[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Proposed Rules]
[Pages 68283-68284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23885]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 227 and 252

[Docket DARS-2019-0048]
RIN 0750-AK71


Defense Federal Acquisition Regulation Supplement: Validation of 
Proprietary and Technical Data (DFARS Case 2018-D069)

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

ACTION: Announcement of meeting; extension of comment period.

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SUMMARY: DoD is hosting a public meeting to obtain views of experts and 
interested parties in Government and the private sector regarding 
implementation in the Defense Federal Acquisition Regulation Supplement 
(DFARS) of the statutory presumption of development exclusively at 
private expense for commercial items in the procedures governing the 
validation of asserted restrictions on technical data as required to 
implement a section of the National Defense Authorization Act for 
Fiscal Year 2019.

DATES: Submission of Comments: The comment period for the proposed rule 
published on August 31, 2020 (85 FR 53755), is extended. Comments on 
the proposed rule should be submitted in writing to the address shown 
in ADDRESSES on or before November 30, 2020 to be considered in 
formation of the final rule.
    Public Meeting: A virtual public meeting will be held on November 
19, 2020, from 10 a.m. to 1 p.m. Eastern time. The public meeting will 
end at the stated time, or when the discussion ends, whichever comes 
first.
    Registration: Registration to participate in this meeting must be 
received no later than close of business on November 12, 2020. 
Information on how to register for the public meeting may be found in 
the SUPPLEMENTARY INFORMATION section of this notice.

ADDRESSES:
    Public Meeting: A virtual public meeting will be held using 
Microsoft video conferencing software.
    Submission of Comments: Submit comments identified by DFARS Case 
2018-D069, using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Search for ``DFARS Case 2018-D069.'' Select ``Comment Now'' and follow 
the instructions provided to submit a comment. Please include ``DFARS 
Case 2018-D069'' on any attached documents.
    [cir] Email: [email protected]. Include DFARS Case 2018-D069 in 
the subject line of the message.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Kimberly Ziegler, OUSD(A&S)DPC/DARS, Room 3B938, 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,

[[Page 68284]]

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. Kimberly Ziegler, telephone 571-
372-6095.

SUPPLEMENTARY INFORMATION: DoD is interested in continuing a dialogue 
with experts and interested parties in Government and the private 
sector regarding amending the DFARS to implement statutory amendments 
for the acquisition of technical data and computer software, and 
associated license rights.
    On August 31, 2020, DoD published a proposed rule in the Federal 
Register at 85 FR 53755 to implement the requirements of section 865 of 
the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 
115-232), which repeals several years of congressional adjustments to 
the statutory presumption of development at private expense for 
commercial items in the validation procedures at paragraph (f) of 10 
U.S.C. 2321.
    DoD hosted public meetings to obtain the views of interested 
parties with notice published in the Federal Register on August 16, 
2019, at 84 FR 41953. In addition, DoD published an advance notice of 
proposed rulemaking (ANPR) on September 13, 2019, at 84 FR 48513, 
providing draft DFARS revisions and requesting any written public 
comments by November 12, 2019.
    Registration: Individuals wishing to participate in the virtual 
meeting must register by November 12, 2020, to facilitate entry to the 
meeting. Interested parties may register for the meeting by sending the 
following information via email to [email protected] and include 
``Public Meeting, DFARS Case 2018-D069'' in the subject line of the 
message:
     Full name.
     Valid email address, which will be used for admittance to 
the meeting.
     Valid telephone number, which will serve as a secondary 
connection method.
     Company or organization name.
     Whether the individual desires to make a presentation.
    Pre-registered individuals will receive instructions for connecting 
using the Microsoft video conferencing software not more than one week 
before the meeting is scheduled to commence.
    Presentations: Presentations will be limited to 5 minutes per 
company or organization. This limit may be subject to adjustment, 
depending on the number of entities requesting to present, in order to 
ensure adequate time for discussion. If you wish to make a 
presentation, please submit an electronic copy of your presentation via 
email to [email protected] no later than November 12, 2020. Each 
presentation should be in PowerPoint to facilitate projection during 
the public meeting and should include the presenter's name, title, 
organization affiliation, telephone number, and email address on the 
cover page.
    Correspondence, Comments, and Presentations: Please cite ``Public 
Meeting, DFARS Case 2018-D069'' in all correspondence related to the 
public meeting. There will be no transcription at the meeting. The 
submitted presentations will be the only record of the public meeting 
and will be posted to the following website at the conclusion of the 
public meeting: https://www.acq.osd.mil/dpap/dars/technical_data_rights.html.
    The comment period for the proposed rule is extended to November 
30, 2020, to provide additional time for interested parties to comment 
on the proposed DFARS changes.

List of Subjects in 48 CFR Parts 227 and 252

    Government procurement.

Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2020-23885 Filed 10-27-20; 8:45 am]
BILLING CODE 5001-06-P