Proposed Rule2023-01814

Defense Federal Acquisition Regulation Supplement: Update of Challenge Period for Validation of Asserted Restrictions on Technical Data and Computer Software (DFARS Case 2022-D016); Extension of Comment Period

Primary source

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Published
January 30, 2023

Issuing agencies

Defense DepartmentDefense Acquisition Regulations System

Abstract

DoD published an advance notice of proposed rulemaking on December 16, 2022, seeking public input on a potential revision to the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that addresses the validation of proprietary data restrictions. The deadline for submitting comments is being extended to provide additional time for interested parties to provide comments.

Full Text

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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5843-5844]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01814]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2022-0030]
RIN 0750-AL67


Defense Federal Acquisition Regulation Supplement: Update of 
Challenge Period for Validation of Asserted Restrictions on Technical 
Data and Computer Software (DFARS Case 2022-D016); Extension of Comment 
Period

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

ACTION: Advance notice of proposed rulemaking; extension of comment 
period.

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SUMMARY: DoD published an advance notice of proposed rulemaking on 
December 16, 2022, seeking public input on a potential revision to the 
Defense Federal Acquisition Regulation Supplement (DFARS) to implement 
a section of the National Defense Authorization Act for Fiscal Year 
2012 that addresses the validation of proprietary data restrictions. 
The deadline for submitting comments is being extended to provide 
additional time for interested parties to provide comments.

DATES: The comment period for the advance notice of proposed rulemaking 
published December 16, 2022, at 87 FR 77055, is extended. Comments on 
the advance notice of proposed rulemaking should be submitted in 
writing to the address shown in ADDRESSES on or before March 16, 2023, 
to be considered in the formation of a proposed rule.

ADDRESSES: Submit comments identified by DFARS Case 2022-D016, using 
any of the following methods:
    [cir] Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Search for ``DFARS Case 2022-D016.'' Select ``Comment'' and follow the 
instructions to submit a comment. Please include ``DFARS Case 2022-
D016'' on any attached documents.
    [cir] Email: <a href="/cdn-cgi/l/email-protection#e18e9285cf8587809392a18c80888dcf8c888d"><span class="__cf_email__" data-cfemail="7d120e1953191b1c0f0e3d101c141153101411">[email&#160;protected]</span></a>. Include DFARS Case 2022-D016 in 
the subject line of the message.
    Comments received generally will be posted without change to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information 
provided. To confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three days after submission 
to verify posting.

FOR FURTHER INFORMATION CONTACT: David E. Johnson, telephone 202-913-
5764.

SUPPLEMENTARY INFORMATION: On December 16, 2022, DoD published an 
advance notice of proposed rulemaking (ANPR) in the Federal Register at 
87 FR 77055 seeking public input on potential DFARS changes to 
implement section 815(b) of the National Defense Authorization Act for 
Fiscal Year 2012 (Pub. L. 112-81). Section 815(b) amended 10 U.S.C. 
2321 (currently 10 U.S.C. 3782) by increasing the validation period for 
asserted restrictions from three years to six years. Section 815(b) 
also amended 10 U.S.C. 2321 to provide an exception to the prescribed 
time limit for validation of asserted restrictions if the technical 
data involved are the subject of a fraudulently asserted use or release 
restriction. The comment period for the ANPR is extended to March 16, 
2023, to provide additional time for interested parties to comment on 
the potential DFARS changes.

[[Page 5844]]

List of Subjects in 48 CFR Part 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-01814 Filed 1-27-23; 8:45 am]
BILLING CODE 5001-06-P


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Indexed from Federal Register on January 30, 2023.

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